By Ebere Agozie

The Supreme Court on Wednesday temporarily stopped the withdrawal of old Naira Notes from Feb.

A seven-member panel led by Justice John Okoro, halted the move in a ruling in an exparte application brought by three northern states of Kaduna, Kogi and Zamfara.

The three states had specifically applied for an order of Interim Injunction restraining “the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

Delivering ruling in the motion, Okoro, held that after a careful consideration of the motion exparte this application is granted as prayed.

“An order of Interim Injunction restraining the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10,, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

He accordingly adjourned until Feb. 15, for hearing of the main suit.

Moving the application on Wednesday, counsel to the applicants, Mr A. I. Mustapha, SAN, urged the apex court to grant the application in the interest of justice and the well-being of Nigeria.

He stated that the policy of the government has led to an “excruciating situation that is almost leading to anarchy in the land“.

While he referred to a Central Bank of Nigeria’s (CBN) statistics which put the number of people who don’t have bank accounts at over 60 percent, Mustapha lamented that the few Nigerians with bank accounts can’t even access their monies from the bank as a result of the policy.

The senior lawyer further argued that unless the Supreme Court intervenes the situation will lead to anarchy because most banks are already closing operations. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Sandra Umeh

Some members of the Nigerian Bar Association (NBA) on Monday expressed worry at the killing of their colleagues across the country.

They described it as desecration of the temple of justice.

The lawyers told the News Agency of Nigeria (NAN) in Lagos that the killings had become too many.

NAN reports that the Chairman of a Customary Court in Oguta Local Government area of Imo, Mr Nnaemeka Ugboma, was on Feb. 3 reportedly shot dead by yet-to-be identified gunmen at the court’s premises.

Before Ugboma’s murder, several lawyers had been attacked and murdered in Imo and some other parts of the country.

NAN reports that on Dec. 25, 2022, a pregnant female lawyer, Mrs Omobolanle Raheem, was shot dead in Lagos State.

Raheem was allegedly murdered by a police officer in Ajah while she was returning from a Christmas outing with her family.

In November 2022, Steven Eke was killed by unidentified gunmen in the Federal Capital assassinated senior lawyer, in the presence of his wife and son.

The Chairman of NBA, Lagos Branch, Mr Ikechukwu Uwanna, told NAN that every citizen possessed the right to life.

“The killing of lawyers across the country does not portend well for the NBA neither is it a good omen for the legal profession nor Nigeria.

“It is sad, dehumanising, barbaric and uncalled for, for any person to be killed anywhere in Nigeria.

“Attacks on lawyers are something we cannot leave like that, it is a situation we must oppose and condemn in its entirety.

“We need to oppose and condemn it clearly, whether it is in Ejemekuru where a chairman of a customary court was killed, or in Lagos where a lawyer was killed or in Sokoto where a lawyer was killed, or in Calabar where a judge was killed.

“We need to all stand up and condemn this; it is our humanity that is at stake.

“We need to stand up and defend our humanity and ensure that everyone is able to respect life which none of us is able to provide,” he said.

A former Chairman of NBA, Jos Branch, Mr Yakubu Bawa, told NAN that the trend portended a bad omen for the nation.

“It appears that lawyers have become an endangered specie,’’ he said.

According to him, the common man will be wondering what will be his lot if lawyers who can fight for their rights can be attacked and killed.

“I think that this is the right time to adopt a radical approach to addressing this issue. It is not confrontational or illegal but an effective measure.

“There is, therefore, a need for the NBA president to convene a meeting where these issues will be discussed.

“As lawyers, we must also be vigilant in terms of security, and take care of ourselves. It is sad that we have become an endangered specie.

“We must all put our hands on deck to deal with this plague,” he said.

The Chairman of NBA, Ota Branch, Mr Wale Adegoke, also regretted murder of some lawyers in recent times, saying that it could weaken the judicial institution.

“Regretfully, the temple of justice is being desecrated by the blood of the priests/ministers.

“Consequently, by the show of brute force on her personnel, the judicial institution is being weakened.

“We cannot afford this gory state of affairs in the interest of nation building and our collective wellbeing,’’ he said.

He called on state governors to beef up security in all court facilities.

“All visitors to these facilities should be subjected to searches for enhanced security for our judicial officers and legal practitioners,” he urged.

Adegoke also advocated collaboration and effective networking among security agencies in each state to upscale intelligence gathering on judicial facilities.

A constitutional lawyer, Mr Spurgeon Ataene, said that attacks on lawyers and judges had become a huge cause for concern.

“All over the world, we are held responsible for some malfeasance and misfeasance.

“It is ludicrous to see us, lawyers, bearing the brunt of society’s undoing.

“There was the belief in the ancient times that, in order to have a quiet society, you first have to do away with lawyers.

“As absurd as that saying is, some members of society actually see lawyers as their problems rather than those who resolve crisis.

“I, therefore, advocate establishment of lawyers and judicial officers’ safety corps.

“I am of the opinion that if established through legislation, every law firm and judicial officer or lawyer will operate under the radar of the sophisticated security system to ensure their safety,” he said

Ataene urged NBA branches to emphasise security and welfare of their members at all times. (NAN)

Edited y Ijeoma Popoola

By Taiye Agbaje

Avocats Sans Frontieres (ASF) France says it will engage with the police authorities on setting up a standard operating procedure for the Police Complaints Response Unit (PCRU) to ensure prompt response to human rights abuse matters.

Angela Uzoma-Iwuchukwu, Head of Office of ASF France in Nigeria, made this known on Wednesday during a two-day training for officers of the PCRU on response to human rights violations.

“We intend to continue to engage with the Nigeria Police Force under the leadership of the Inspector-General of Police,

“We are going to take forward the few recommendations that have been made at this training as they are coming out as we continue to engage with the officers.

“We are planning a high-level advocacy to push for issues such as the setting up of a standard operating procedure for the police complaints Response unit.

“The issues of impartiality will also be brought up and prompt response to complaints that have been brought to the unit,” she said.

She said that the issues of feedback to the complainants and Nigerians would also be looked into.

Uzoma-Iwuchukwu said the use of social media as efficient way of engaging victims of rights abuse would also be canvassed.
The Executive Secretary of National Human Rights Commission (NHRC), Chief Tony Ojukwu, said the Police Act conferred on the police the responsibility of crime prevention, protection of lives and property, investigation and prosecution of suspects, among others.
He said while acknowledging the important role of the Nigerian Police as contemplated by the Police Act, it was important for the police to carry out its functions in compliance with human rights standards.
“It needs not be emphasised that unless perpetrators of human rights violations are held accountable, impunity will thrive.
“Accountability for human rights violations are necessary conditions,” Ojukwu, who was represented by Dorothy Amah, Deputy Director of Legal, NHRC, said.
The High Commissioner of Canada in Nigeria, Mr Jamie Christoff, said his country would continue to support ASF France in its efforts at tackling issues of human rights abuse in Nigeria.
The News Agency of Nigeria (NAN) reports that no fewer than 15 officers across the country from the PCRU were trained by the ASF France, also known as Lawyers Without Borders.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje
The Federal Government has filed additional evidence against three Abuja-based legal practitioners over allegations bordering on impersonation.
The News Agency of Nigeria (NAN) reports that the three lawyers are facing trial on a four-count criminal charge bordering on false information with intent to mislead the Court of Appeal into entering a consent judgment of N52 million in their favour.
They are Maxwell Opara, Gold Nwankwo and Jubilate Obasikene, who are all practising in the law firm of Maxwell Opara and Associates.
The Federal Government, through the prosecution agency, the Economic and Financial Crimes Commission (EFCC), had equally filed a list of additional witnesses it shall call in the prosecution of the case.
Upon resumed hearing on Wednesday, the EFCC’s counsel, Ibrahim Buba, informed Justice Hamza Muazu of the High Court of the Federal Capital Territory, Abuja about the new development.
Buba said the list of additional evidence as well as the list of additional witnesses had already been served on the defendants.
Although the lawyer expressed his readiness to proceed with the trial, the defence counsel who confirmed that the documents were served on them, prayed for a short adjournment to enable them study the documents.
Counsel to Maxwell Okpara (1st defendant), K.C Muemeka, told the court that the said documents were just served on them in court.
Responding, Buba, who consented to the request for an adjournment agreed that indeed, the defence team needed more time to study the additional evidence.
Consequently, Justice Muazu adjourned the case to Feb. 13 and Feb. 14 for trial.
NAN reports that the charged, marked CR/444/2022, followed a petition by the Central Bank of Nigeria (CBN) to the chairman of the EFCC, accusing the lawyers of fraudulent representation and impersonation.
They were alleged to have fraudulently entered appearances for the CBN and Unity Bank Plc, without the consent and authorisation of the banks in an appeal marked: CA/A/18M/2017 in respect of a garnishee proceedings involving the sum of N52 million at the Court of Appeal, Abuja.
The offence, according to EFCC, is contrary to Sections 96 and 140 of the Penal Code Law of the Northern Nigeria as applicable in the FCT, Abuja.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Joshua Oladipo

An Osogbo Chief Magistrates’ Court in Osun , on Monday , ordered the remand of Alawode Ridwan , 22, popularly called “Rado” in Ilesa Correctional center over alleged disobedient to court supremacy .

Ridwan pleaded not guilty to a count charge of contempt against him.

The Magistrate, Dr Olusegun Ayilara, had ordered the remand of the defendant due to the magnitude of the alleged offence committed.

Ayilara adjourned the case until to Feb. 27 for hearing.

The Police Prosecutor, Insp. Kayode Adeoye told the court that the defendant committed the offence sometimes between the months of July 22, 2022 and Jan. 27, 2023 for not appearing in court for his case.

Adeoye said several attempt to arrest the defendant proved abortive, until he was tracked by the intelligence unit of the Osun Police command and brought to the court.

He said the offence contravened sections 133 (9) of the criminal code cap 34 vol. 11, laws of Osun, 2002.

The defendant has no legal representation when his case was called by the court clerk. (NAN)(www.nannews.ng)

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Edited by Joseph Edeh

By Taiye Agbaje
Judgment in a suit filed by Social Democratic Party (SDP) against the Independent National Electoral Commission (INEC) was, on Friday, stalled in a Federal High Court (FHC), Abuja.
Justice Emeka Nwite could not proceed on delivering the judgement, which was earlier scheduled for the day’s business, due to an application filed by INEC.
The News Agency of Nigeria (NAN) reports that SDP and Atteng Fred had sued INEC as sole defendant in the suit marked: FHC/ABJ/CS/2205/2022.
In the amended originating summons dated Dec. 14, 2022 and filed Dec. 15, 2022 by their team of lawyers, the plaintiffs sought a court declaration that by virtue of Sections 65(2) (b), 106 (d), 177(c) and 187 (1) & (2) of the 1999 Constitution (as amended), INEC cannot recognise Gokana Geoffrey, who had withdrawn his candidature and resigned his membership from SDP as their candidate for the Rivers South East Senatorial District election.
Besides, they averred that the commission cannot refuse to accept the name of Mr Fred submitted to it as party’s candidate after a validly conducted and monitored primary.
They, therefore, sought an order, directing INEC to allow the party submit Fred’s name as represented by it, following Geoffrey’s withdrawal from the race and his subsequent resignation from the party, among others.
Upon resumed proceeding, counsel to the plaintiffs, Jibrin Jibrin, who appeared with M.M. Ogar, told the judge that the matter was slated for judgment and they were ready.
However, INEC was not represented in the court.
Justice Nwite then said that he was informed about a process dated Dec. 30, 2022 and filed by the electoral umpire.
He said his attention was drawn to it on Jan. 4, while writing the judgment.
He asked if the lawyer had been served but Jibrin said they had not been served with the application.
“We were never served and our position is that the defendant did not file anything,” he said.
Jibrin, who applied for permission to address the court on the issue as it affected the delivery of the judgement, drew the attention of the court to the provision of Section 122(2) (m) of the Evidence Act 2011 (as amended).
He contended that the process was incompetent having been filed out of time in accordance with Order 3, Rules 3 to 4 of the FHC Practice Direction.Om
On issue of non-service of the process on the plaintiffs, he argued that since the court record showed that the said process was never served on them, “the failure to serve them is fatal in that it robs the court of the jurisdiction to reckon with nor consider same.”
Jibrin further argued that as the matter had been slated for judgment, the court should discountenance with the process and proceed to deliver its judgement.
Justice Nwite adjourned the matter until Jan. 30 for ruling.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

By Taiye Agbaje
A Federal High Court (FHC) in Abuja on Thursday struck out a suit seeking to compel the Independent National Electoral Commission (INEC) to accept and publish the name of Mr Akanimo Udofia as governorship candidate of the All Progressives Congress (APC) for the March 11 election in Akwa Ibom.

Justice Emeka Nwite, in a judgment, held that the court lacked jurisdiction to decide the matter after it had been adjudicated upon by a court of coordinate jurisdiction and an Appeal Court.

The News Agency of Nigeria (NAN) reports that the APC and Udofia had sued INEC as the sole defendant in the matter.

Udofia sought an order compelling INEC to accept his name as governorship candidate for Akwa Ibom 2023 poll.

He also asked for an order directing the commission to publish his name as forwarded by the party to it.
The court after listening to parties in the suit had fixed Oct 6, 2022 for judgment.

But the appearance of Enang in court forced the judge to halt the delivery of the judgment.

Enang, the ex-presidential aide, drew the attention of the court to his presence as a party seeking to be joined in the matter and the court granted his prayer in a motion he brought for joinder on Dec. 6, 2022.

The ex-lawmaker, a contestant in the APC May 26, 2022 primary election in the state, drew the attention of the court to a similar matter which he had earlier filed at FHC, Uyo and was reserved for judgment.

NAN reports that the court sitting in Uyo had, on Nov. 14, 2022 in its judgment, nullified the nomination of Udofia as the governorship candidate of the APC in Akwa Ibom.

The judge, Agatha Okeke, in the suit marked: FHC/UY/CS/114/22, ordered the APC to conduct a fresh governorship primary within two weeks but barred Udofia from participating in the new primary.

But Udofia had filed an appeal marked: CS/C/370/2022 at Court of Appeal, Abuja to challenge the FHC judgment and the superior court set aside the Uyo court’s judgment on Jan. 19.

The court held that the lower court wrongly assumed jurisdiction to entertain the case contrary to provisions of Section 97 and 98 of the Sheriffs Act.
Meanwhile, while delivering judgment on Udofia’s suit on Thursday, Justice Nwite agreed with Enang that the instant suit and the Uyo matter were similar.
He said reliefs in Udofia’s suit were similar to the reliefs granted by the Uyo division of the court in Enang’s case.
Justice Nwite, who read all the 10 reliefs granted by the Uyo court, said: “It is not in dispute that the reliefs sought in the instant suit is similar to the reliefs granted by my learner brother, Okeke A.A., which the Appeal Court had also set aside.”
He disagreed with the submission of Udofia’s counsel, Umeh Kalu, SAN, that the court should assume jurisdiction and make an order directing the electoral umpire to accept and publish his client’s name as candidate for the governorship poll.
The judge said that his court can neither assume jurisdiction on a matter which had been decided by a court of coordinate jurisdiction nor review the decision of the superior court.

NAN reports that Enang, while adopting his processes also argued that an appeal had already been filed at the Supreme Court over the decision of the appellant court and a notice of appeal filed before the court.

Justice Nwite, who struck out the suit, held that his court lacked jurisdiction to entertain the matter.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza