By Itohan Abara-Laserian

Justice Adenike Coker of an Ikeja High Court, on Tuesday, advised defendants in custody to show up for trial to facilitate justice administration.

Coker said that some defendants tended to hide in custody and failed to show up in court due to fear, thereby prolonging their trial.

The judge gave the advice while giving a ruling in a case of Lagos State versus one Abiodun Owoya charged with conspiracy to commit robbery and armed robbery.

She said: “To defendants, the more your hide in custody, the more time you spend there.

“Come to court, and if your matter is not progressing, it might be struck out.”

In the ruling, Coker noted that state counsel, Mr Y. O. Ijale, had written to the court that since  presenting prosecution witnesses had proved abortive, the court should use its discretion in the matter.

She also noted that defence counsel, Mr Chineme Nweke, had argued that the prosecution team stalled proceedings since the case began in 2020 while the defendant remained in custody.

The judge also noted that defence counsel prayed the court to strike out the case.

Coker ruled that since the case had not progressed, the defendant should be released without delay.

Similarly, the judge struck out a case of two others, David Obi and Ugo Chukwu, also charged with conspiracy to commit robbery and armed robbery.

Coker struck out the case for lack of diligent prosecution.

Lagos State counsel, Mrs Titi Adeegbe, had told the court that a retired assistant superintendent of police, who was to testify, failed to show up.

The counsel prayed the court to use its discretion in the case.

Coker ruled that the case had prolonged without any prosecution witness testifying since arraignment of the defendants on March 22, 2020. (NAN)

Edited by Ijeoma Popoola

By Folasade Akpan

The Federal Government on Monday unveiled three policy documents that would stimulate efforts to reduce the prevalence of cancer in Nigeria.

The documents were inaugurated by the Minister of State for Health, Dr Tunji Alausa, in Abuja at the opening ceremony of the 2023 International Cancer Week (ICW).

The theme of the ICW is “Addressing Cancer Care Disparities through Improved Access to Research and Treatment”.

The documents are the National Strategic Cancer Control Plan 2023-2027, National cancer Research Agenda 2024-2027 and the National Strategic Plan for Prevention of Cancer of Uterine Cervix 2023-2027.

Alausa said that the three documents have priority areas of action that address governance, prevention, supply chain management, data and research as well as surveillance.

He said it was no longer news that cancer had become a leading cause of death worldwide including Nigeria, saying global distribution of predominant cancers has continued to change especially in developing countries.

According to him, the low and middle-income countries accounted for 51 per cent of all cancers worldwide in 1975 and the proportion increased to 55 per cent in 2007 and to 70 per cent in 2018.

“The rise in incidence of cancers is even worse with breast cancer which is the main focus of the October Cancer Awareness activities.

“Breast Cancer has remained the commonest cancer in Nigeria for a long time now and the incidence is still on the increase.

“This is followed by cervical and prostate cancers. Childhood cancers especially haematological cancers and retinoblastoma are also increasing daily”, he added.

Alausa said that the gory statistics has shown that cancer has become an emerging disease in Nigeria and of serious public health concern.

This, he said, informed the resolve of the Federal Ministry of Health and Social Welfare to take the leadership role and harness all available material and human resources within its domain to disrupt the pattern from gaining grounds or becoming established.

“I want to assure you that under this administration, we are deliberate in our commitment to vigorously address the health needs of Nigerians with particular interest in cancer care.

“This underscores my delight in the unveiling of Abuja and by extension Nigeria, as a member of City Cancer Challenge network today as a welcome development.

“We are ready to partner with City Cancer Challenge Foundation and its partners and indeed all stakeholders to advance cancer care in our country.”

Sen. Ibrahim Oloriegbe, said that the National Assembly was committed to ensuring that the Cancer Health Fund (CHF), was beefed up to meet the care needs of indigent cancer patients.

According to him, N750 million was budgeted for the fund in the 2020 Appropriation Act, to take care of the breast, cervical and prostate cancers which based on statistics are prevalent in Nigeria.
Oloriegbe who was the Senate Committee Chairman on Health of the ninth National Assembly, said that the fund as labelled in the appropriation was supposed to be a counterpart of government with a Public-Private Partnership arrangement.

“The appropriation reduced to N250 million the following year and in 2023 it came down to N150 million.

“Recently we had a meeting to talk about the implementation of that fund for more effectiveness and efficiency and we the parliamentarians are committed to increase it to one billion naira in the 2024 budget.

“We will also establish a childhood cancer care fund of N500 million”, he added.

The Director-General, National Institute for Cancer Research and Treatment (NICRAT), Dr Usman Aliyu, spoke about the National Cancer Research Agenda.
He said that it serves as a roadmap for collective efforts, bringing together the best minds in the field and harnessing the power of research to make a meaningful difference in the lives of cancer patients.

He added that the agenda was centred on prevention and early detection, diagnosis and treatment, support and care as well as research and innovation.

“Through research in these areas, we aim to develop effective preventive strategies, improve early detection methods, enhance treatment options, and provide better support and care for cancer patients and survivors.

“Additionally, we emphasise the need for a strong focus on research and innovation in the areas of cancer cell biology and genomics, implementation, and behavioural science, which will be the driving force behind the development of new and more effective policies on cancer prevention and therapies.”

To achieve the goals, Aliyu said that collaboration and partnership were crucial.
He said that the National Strategic Cancer Control Plan and the National Strategic Plan for prevention of cancer of uterine cervix were products of the previous plans from the Federal Ministry of Health.

“It is our intention to ensure that we align with National Health Development Plan as well as the global strategy for elimination of cancer of the uterine cervix by the year 2030.

Also speaking at the event, the Regional Director for Africa and Europe, City Cancer Challenge (C/Can), Sophie Bussman-Kemdjo, said that the theme of the week was a powerful call to action on the disparity care for cancer.

Speaking about the C/Can initiative, she said it was aimed at supporting cities around the world as they work to improve access to equitable, quality cancer care.

“The reality is that many people living with cancer, particularly those living in countries limited by a lack of resources, don’t have a fair shot at receiving quality cancer care.

“A recent study revealed that nearly 60 per cent of the 27,000 Nigerians surveyed confront enormous barriers in accessing healthcare.

“It’s a challenge, but it is one that the C/Can initiative in Abuja is rising to meet.

“In Abuja, we have mobilised the commitment and brought together the expertise of leading organisations to work with city stakeholders to design, plan and implement data-driven, locally-driven cancer care solutions.”

According to her, C/Can which is present in 14 cities across the world will be supporting Abuja to better understand its cancer care landscape through a comprehensive analysis of the needs, gaps and opportunities, targeting critical areas for strengthening and informing a city-wide strategy.

The News Agency of Nigeria (NAN) reports that C/Can is a Swiss based foundation that supports cities from low and middle income countries around the world in their efforts to close the access to cancer treatment. (NAN)

Edited by Sadiya Hamza

By Wandoo Sombo

The Supreme Court on Monday dismissed the appeal filed by the Allied Peoples Movement, (APM) challenging the judgment of the Presidential Election Petition Court (PEPC) which affirmed President Bola Tinubu’s victory.

Justice Inyang Okoro, leading six other justices of the apex court dismissed the appeal saying that hearing it would amount to “a waste of the precious time of the court”.

The APM had in the appeal prayed the court to hold that the PEPC misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory.

The party asked the court to hold that the withdrawal of Kabiru Masari from the race, by operation of law, amounted to automatic withdrawal and invalidation of the candidature of Tinubu as the presidential candidate of the APC.

It would be recalled that Masari was named the running mate of Tinubu before he was replaced by Vice President Kashim Shetima

The APM said in its brief of argument by its counsel, Mr Chukwuma-Machukwu-Ume, SAN, that the PEPC wrongly struck out its petition.

The party prayed the court to set aside the decision of the lower court as being misconceived.

APM also argued that the striking out of Masari’s name from its petition and its consequent dismissal on Sept. 6 was in error, as Masari was a necessary party in the petition.

The PEPC had dismissed APM’s petition based on pre- hearing motions filed by INEC, APC and Shettima.

According to the APM, the grounds upon which its petition was predicated was that Tinubu was at the time of the presidential election, not qualified to contest in line with Section 134(1)(a) of the Electoral Act, 2022.

Machukwu-Ume told the court that the PEPC misconceived the material facts and case of his client and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition.

However, efforts by Machukwu- Ume to move the appeal were rejected by the panel on the grounds that moving it would amount to wasting the precious time of the court.

Justice Inyang Okoro, the presiding justice insisted that the appeal be withdrawn since the issue had been decided.

“We have read your appeal and the issues raised therein.

“You are not asking us to make your candidate the president if your appeal succeeds.

“You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us.

“We have read the appeal and are unanimous that it is a non-issue, having been pronounced upon by this court,” Justice Okoro said.

Machukwu-Ume , though reluctantly,  accepted  and withdrew the appeal on behalf of his client, the APM.

All the respondents did not oppose to the withdrawal and did not ask for cost.

The seven-member panel consequently dismissed the appeal after it was withdrawn by the appellant. (NAN) www.nannews.ng

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Edited by Rotimi Ijikanmi

By Adenike Ayodele

Embattled Pastor of the I Reign Christian Ministry, Daniel Oluwafeyiropo, charged with rape of his assistant and one other lady, closed his defence on Friday in Lagos.

Oluwafeyiropo is facing trial on a two-count charge bordering on raping two ladies, at an Ikeja Sexual Offences and Domestic Violence Court..

The defendant was alleged to have had sexual intercourse with the ladies against their wishes, at his Lekki residence,  Lagos,  State

He, however, pleaded not guilty to the charges

The News Agency of Nigeria (NAN) reports that the bishop opened defence on Tuesday and denied the charges.

The defendant told the court that the alleged survivors conspired against him to accuse him of the offences.

During cross-examination by state counsel, Mr Babajide Boye, on Friday, the defendant reiterated that he believed that the alleged survivors  conspired against him.

He also denied giving N100,000 to one of the alleged survivors for medical treatment.

Boye asked him if his position as a pastor and someone who people approached for counselling made him to manipulate them.

The defendant said: “I am not a manipulator. Three ladies turned against me but one of them later apologised to me.

“I am not a powerful man but I am a pastor, and I do not use power to counsel people.

“You get trained to counsel and you use wisdom and the leading of the spirit.”

The defendant also denied tampering with WhatsApp messages between him and one of the alleged survivors.

Defence counsel, Mr Olukunle Oyewole, thereafter informed the court that the defendant would be closing his case.

Justice Rahman Oshodi admitted some extrajudicial statements from the defence counsel in evidence and marked them Exhibits E1 to E7.

Oshodi adjourned the case until Dec. 20 for adoption of final written address by defence and prosecution counsel. (NAN) www.nannews.ng

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Edited by Abdullahi Mohammed/Ijeoma Popoola

By Joy Kaka

Mrs Modupe Maduba, an Assistant Chief Intelligence Officer, told an FCT High Court in Kubwa, that a 35-year-old man, Onyebuchi Ezema, defiled his four-year-old daughter.

The National Agency for the Prohibition of Trafficking in Persons (NAPTIP), charged Ezema, who resides in Zone 9, Lugbe Airport Road, Abuja, with assault to which he pleaded not guilty.

Maduba of the NAPTIP said this while being cross examined by the defence counsel, Opeyemi Adeyemi at the resumed trial of Onyebuchi Ezema.

During cross-examination, Adeyemi asked Maduba the time, date and place the defendant committed the said offence.

He further asked if Maduba knew where the defendant’s wife kept the victim the day it happened and if it was possible an unknown person penetrated her vagina.

The defence counsel also asked the investigator to describe where the defendant lived and if there was electricity on the day of the incident.

In response, Maduba said the incident happened on April, 15, 2020 at Lugbe Zone 6, at night.

“The defendant lives in a one bedroom self contained apartment with his son whom he sleeps with in same room alongside his wife and daughter (the victim).

“The defendant’s wife left her child with her cousin who lives in the same village, while she went to work on the said date,” she said.

The investigator added that she did not know if there was electricity on the day of the incident.

Adeyemi asked if the investigator discovered any blood stain on the minor in the course of her investigation and if a finger print examination was carried out on the child to confirm if it was the defendant’s finger.

The defence counsel asked the investigator to read out the medical report in court, if it stated that the defendant broke the victim’s hymen.

Maduba responded that she did not see any blood stain on the victim, no finger print examination was carried out and the medical report did not state whom broke the victim’s hymen.

Adeyemi, however, applied for a no-case submission to the court.

Following the defence counsel’s submission, Justice Asmau Akanbi-Yusuf adjourned the matter until Dec.13 for adoption of the no-case submission. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Justice Ibironke Harrison of a Lagos High Court has sentenced a police officer, Darambi Vandi to death by hanging for shooting dead a Lagos-based lawyer, Mrs Omobolanle Raheem, on the last Christmas Day.

Details shortly….

Tendering fresh evidence at Supreme Court is herculean task–Erokoro, SAN

By Taiye Agbaje
A legal luminary, Mr Paul Erokoro, SAN, says tendering additional evidence at the Supreme Court is an uphill task that requires a great deal of effort.

According to him, the rules admitting fresh evidence at the Supreme Court are very stringent.

Erokoro made the remark on Sunday in Abuja in an interview with the News Agency of Nigeria (NAN) on the type of evidence that can be admitted at the Supreme Court.

He said the general rule is that additional evidence is not encouraged at the apex court.

“The general rules is that additional evidence at the Supreme Court or any Court of Appeal is not encouraged at all, but that doesn’t mean that it is totally forbidden.

“However, the rules for admitting it are very stringent.

“The first is that such evidence is going to be extremely material to the resolution of the issues in the case. That’s one of the hurdles to be crossed.

“The second hurdle is that such evidence could not have been procured during the trial at the trial court by reasonable diligence.

“So it is either the evidence was not available at the time of the trial or it could not, by any kind of due diligence or any reasonable effort, be made available.

“For evidence to be admissible at the Supreme Court or in any Court of Appeal, it has to, at a very minimum, satisfied those two conditions,” he said.

On whether there are provisions in the constitution allowing a party to tender additional evidence at the apex court, the senior lawyer said: “Most of these rules are case laws and the Evidence Act does not specifically make these provisions.”

He stressed that it is only backed by the rules of the court.

“In the case of election petition, the constitution requires that the proceeding be concluded within 180 days at the election tribunal which, in the case of the presidential election, is the Court of Appeal.

“So the Court of Appeal which may have power to admit additional evidence cannot have any jurisdiction if the jurisdiction of the trial court has expired.

“For instance, if a Court of Appeal has within six months to hear and conclude a presidential election matter and the six months have expired, even if the Supreme Court wanted to admit an additional evidence, it doesn’t seem to me that it would be able to admit such evidence after the expiration of the six months,” he said.

According to him, if such evidence becomes available, it is very likely that it cannot be admitted on appeal.

“This is because it may not meet the jurisdictional requirement which is that a court which has jurisdiction to do it, will it have done it at this time.

“And if the period available for the trial court has expired, there is nothing the Appeal Court, in this case, the Supreme Court, can do,” he said.

Erokoro said that the Supreme Court or any appellate court in the country had 60 days within which to hear and conclude election matters.

He said even though the Supreme Court has jurisdiction to hear the appeal, it would have jurisdiction only in relation to the appeal.

“The fact that the Supreme Court has only two months within which to hear the appeal will not revive the jurisdiction of the trial court,” he added.

On whether there is a period within which a Supreme Court can admit additional evidence, Erokoro said: “Except when it is dealing with matters that have come before it under its original jurisdiction, the Supreme Court doesn’t, generally, admit evidence.

“It is an appeal court and its function is to see whether the matter was properly tried at the trial court, and not to admit additional evidence.

“It’s just that there are few exceptions to the rules regards that and those exceptions, I have already explained to you.

“But outside that, the Supreme Court, generally, doesn’t like to admit additional evidence because it is not fair to the trial court which did not hear that.

“Two, you will not give the other party the chance to, maybe, gather evidence that could have contradicted that one.

“So that is why the rules are very strict and that’s why you don’t see it happening all the time.”

He said though the move could succeed, he described it as “an uphill task.”
When asked about grounds that an already decided case can be reviewed at the Supreme Court, he said though the grounds are not determined by law, there are rules of trial that are universal in Nigeria.

“One of them is whether due process was followed, admissible evidence rejected or inadmissible evidence admitted, if trial court failed to act fairly to both sides, if the lower court made mistake as regard the law to be applied, etc.

“So there are so many possibilities that the grounds of appeal can be built around,” he said.

Erokoro said though it was reported in the media that Alhaji Atiku Abubakar, the Peoples Democratic Party (PDP)’s presidential candidate in the Feb. 25 poll, planned to file new evidence at the apex court, it was still in the realm of speculation.

“This is actually within the realm of speculation because I have not seen the evidence beyond what the press has reported and I don’t know whether those who issued the documents are prepared to come to court, otherwise, there is a risk of what is called, ‘documentary hearsay,’” he said.

NAN reports Abubakar on Friday sought the leave of the Supreme Court to bring in fresh additional evidence to prove that President Tinubu submitted a forged certificate to the Independent National Electoral Commission (INEC) in aid of his qualification for the presidential election.

The documents Atiku sought to tender are Tinubu’s academic records, which were handed over to him by Chicago State University (CSU) on Oct. 2.

The 32-page documents were released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, U.S. (NAN)(www.nannews.ng)

edited by Sadiya Hamza

By Adenike Ayodele
An Ikeja Sexual Offences and Domestic Violence Court on Tuesday, sentenced a man, Ifeanyi Ndieze, to life imprisonment for sexually assaulting a four-year-old in church.

The News Agency of Nigeria (NAN) reports that Justice Abiola Soladoye held that prosecution sufficiently proved the charge of sexual assault by penetration against Ndieze in line with Section 261 of the Criminal Law of Lagos State, 2015.

“The child identified the defendant as the man who carried her during a church programme and sexually assaulted her by inserting his finger into her vagina.

“The child was taken home, and while the mother bathed her, she was bleeding uncontrollably. At the hospital, doctors said that the matter should be reported to the police.

“The child, at the police station, was bleeding still, while her underwear, soaked with blood, was removed and taken as an exhibit.

“The child, when taken to the hospital, was in severe pain and found to have been forcibly penetrated,” the judge held.

She said that the convict was a disgraceful spectacle.

“The defendant is a pathological liar as he tried to deny the offence. This is an unforgivable behaviour.

“The defendant is hereby found guilty of sexually assaulting the four-year-old child, and he is hereby sentenced to life imprisonment,” Soladoye held.

She also said that the convict’s name should be in the Lagos State Sexual Offences Register.

The judge advised parents to take proper care of their children.

“The mother of the child should not have left her with her elder brother, a six-year- old boy,” Soladoye held.

Lagos State counsel, Mrs Olufunke Adegoke, presented four witnesses against the convict and tendered four exhibits.

The convict testified in his defence along with three others  – his sister, nephew and niece.

According to Lagos State Government, which prosecuted the case, the  convict committed the offence  on Oct. 29, 2020, at No. 18, Salau St., Surulere, Lagos State. (NAN) www.nannews.ng

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Edited by Kevin Okunzuwa/Ijeoma Popoola