News Agency of Nigeria
Refrain from actions capable of undermining subsisting court orders, FG tells labour

Refrain from actions capable of undermining subsisting court orders, FG tells labour

By Ebere Agozie

The Federal Government has called on labour unions to shelve their proposed strike and refrain from actions capable of undermining the subsisting court orders.

It made the call in a letter signed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, and addressed to Falana’s law firm, counsel to the labour unions.

The letter was copied to the Minister of Labour and Employment, Chief Of Staff to the President, the National Security Adviser, the Inspector-General of Police and the Director-General, State Security Services.

The News Agency of Nigeria (NAN) reports that the National Industrial Court had on June 5 restrained NLC and the TUC, from embarking on any industrial action over the removal of fuel subsidy.

The minister argued that the plan by both labour unions would violate the subsisting order of the court if they embark on the indefinite strike from October 3.

He told the unions to respect the order of the court and allow room for ongoing negotiations between them and the Federal Government.

“These are undoubtedly issues that have been submitted to the National Industrial Court for adjudication.

“Therefore, the proposed strike action is in clear violation of the pending interim injunctive order granted on June 5 restraining both NLC and TUC from embarking on any industrial action/or strike of any nature, pending the hearing and determination of the pending motion on notice.

“We wish to reiterate that a court order, regardless of the opinion of any party on it, remains binding and enforceable until set aside”.

Fagbemi noted that it is the expectation of the public that the labour unions would lead in obedience and observance of court orders and not in its breach.

“It is, therefore, the earnest expectation of this office that your distinguished law firm will advise the labour unions on the need to protect the integrity of courts and observe the sanctity of court orders.

“Consequently, you are kindly requested to impress upon the organized labour unions to note the fact that their proposed strike action is in gross breach of the subsisting court order, as well as the appropriateness of addressing their grievances/demands within the ambit of the law.

“Hence, the need for them to be more accommodating and show greater appreciation of the effect of the order of the court, by shelving the strike action.

“The foregoing will afford parties more room for further mutual engagements, for a holistic and sustainable resolution of all outstanding issues on this matter in the overall national interest,” he added. (NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Fagbemi tasks MDAs on proactive sharing of public information

Fagbemi tasks MDAs on proactive sharing of public information

By Ebere Agozie

Justice Minister, Lateef Fagbemi has called on Ministries, Departments and Agencies to adopt proactive method in disclosure of information to ensure transparency in implementing access to information.

Fagbemi made the call on Thursday at an event in commemoration of the International Day For Universal Access to Information (IDUAI).

He said that the proactive disclosures by MDAs will enhance the implementation of the Freedom of Information (FoI) Act of 2011.

He added that the event with the theme: ‘The Importance of the Online Space For Access To Information’ was timely as the world yearn for the release of accurate information without being asked for it.

“The right to access Information held by public authorities recognized by the international community fundamental, not only is a means to protect other rights, including democracy, but to also support sustainable development”.

The Federal Government enacted the Freedom of Information act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest.

“It also protects personal privacy, serving public officers from adverse consequences of disclosing certain kinds of official information without authorisation and establish procedures for the achievement of those purposes.

‘When MDA’s periodically publish their data on their websites, t increases the flow of information from government to the public and limits the need for formal applications under the FOI Act.

“The adoption of proactive disclosure measures also assists the MDA in reducing time and resources spent in reviewing Individual requests.

“It demonstrates government’s commitment to transparency, openness and accountability, which in turn increases public confidence in government Initiatives and actions”.

Also speaking, the Head of FOI Unit of the ministry, Mr Garuba Godwin cited that Section II stipulates forty ((40) classes of records and information must be proactively disclosed by all public Institution.

“Section 2 (4) FOIA also encourage proactive disclosure by mandating public institution to ensure that information is widely disseminated to people through print, electronic, Online etc,” Godwin said.

Mrs Faith Nwadibhi, Executive Director, Centre for Transparency Advocacy (CTA) and Mr Stanley Achonu, Country Director, ONE Campaign were among the CSOs actors that dissected the processes and enlightened participants at the event. (NAN)

======

edited by Sadiya Hamza
====

NBA condemns alleged torture of 28-yr-old man to death in Bauchi

NBA condemns alleged torture of 28-yr-old man to death in Bauchi

By Ahmed Kaigama

The Nigerian Bar Association (NBA), Bauchi State Chapter, on Thursday condemned the alleged police torture of 28-year-old Aminu Abidina to death in Bauchi.

Mrs Sadiya Saleh, Chairman of the Human Rights Committee (HRC) of the NBA, stated this in a statement made available to newsmen in Bauchi.

She said the HRC of the Nigeria Bar Association strongly condemned the alleged torture that led to the death of  Aminu Abidina while in police custody. 

Saleh expresses deep concern over the recent tragic incident involving the killing of Abidina due to alleged torture by the police in Bauchi.

“The NBA is committed to upholding the principles of justice, fairness, and human rights. 

“We are saddened by the alleged excessive use of force by the Police, leading to the death of an innocent young man,” Saleh said.

She stressed that the incident is a violation of the fundamental rights of the victim.

“It raises serious questions about the professionalism and the application of rules of engagement of our law enforcement agencies.

“The role of the police in preserving law and order is crucial, but it must be carried out within the confines of the law and with respect for human rights. 

“It is disheartening to see such a tragic occurrence, as it erodes public trust in law enforcement agencies and undermines the notion of justice.

The Chairman, HRC, urged the State Government and other relevant authorities to conduct a thorough investigation into this incident and hold the responsible police officer and his cohorts accountable for his/their actions. 

According to her, the NBA Human Rights Committee demands that justice be served for the victim and his family.

“We urge the Nigerian Police Force and other security agencies to prioritize the training of its officers in human rights, conflict resolution and the appropriate use of force. 

“Our security officers must be equipped with the necessary skills and knowledge to handle situations calmly and by legal standards as well as human rights principles.

Responding, SP Ahmed Mohammed Wakil, Spokesperson of the Police Command, Bauchi, debunked the allegation in a statement. 

“We are very categorical in informing the public that the deceased Aminu Abidina died 12 days after the above-narrated occurrence.

“He neither died in Police custody nor anywhere close to a Police facility or at Dutsen Tanshi Division.

“It is just a piece of news we are hearing and we condole the family for the loss,” Wakil said. 

He added that “an investigation committee has been launched to thoroughly Investigate the remote cause of these acts.” (NAN)

Edited by Vincent Obi

Appeal Court has 39,526 Pending Cases, says Justice Dongben-Mensem

Appeal Court has 39,526 Pending Cases, says Justice Dongben-Mensem

By Edith Nwapi

The President of the Court of Appeal, Justice Monica Dongban-Mensem, has said that the appellate court has 39,526 pending cases.

Justice Dongben-Mensem made this known during a ceremony to usher in the 2023/2024 new legal year.

She said the appeal court received a total of 7,295 appeals and 3,665 motions in the 2022/2023 legal year.

“During the 2022/2023 legal year, a total of 7,295 appeals and 3,665 motions were filed in the 20 Divisions of the Court.

”The court determined 3,765 cases and disposed of 5,617 motions; 1,030 of these appeals had beendismissed and 10,381 allowed.

“The court still has a total of 39,526 Appeals pending as at 31st of August, 2023. This is an increase from 34,037 pending in the Court in the 2021/2022 Legal Year,” she said.

She said that a total of 98 panels were constituted to hear election petitions across the country to handle a total of 1,209 petitions that were filed.

Among the petitions, she said, five were filed at the presidential election petition court and have been concluded, while some of 147 filed at the Senatorial election tribunal have been delivered and 417 petitions from the House of Representatives election are also being attended to.

She also said at total of 557 petitions associated with the State houses of Assembly, and 83 Gubernatorial Elections petitions are being disposed off, added that twenty-eight States participated in the Governorship elections, and petitions were filed in 24 states.

According to her, the Abuja division is currently overwhelmed by voluminous documents and suffers from lack of adequate storage facilities and office space.

She, therefore, appealed to the Minister of the FCT to provide a large piece of land for the construction of the Abuja Division.

Speaking at the event, a former Minister of Justice, Mr Kanu Agabi, SAN, said that Nigeria’s continued survival greatly depends on the transparency of judicial officers in the discharge of their judicial functions.

Agabi, therefore, pleaded with Judges and Justices not to loose confidence and principles in themselves no matter the challenges.

He spoke on behalf of the Body of Senior Advocates of Nigeria (BOSAN) on the occasion of the 2023/2024 legal year of the Court of Appeal .

He added that the contributions of judicial officers in the past years which he said, have kept the country intact and from chaos and anarchy.

According to him, inspite of the contributions and sacrifices of judicial officers to the survival of the country, they are still been unwarantedly attacked and criticised.

He warned that the country would be doomed unless the unjust attacks against judicial officers are stopped.

“It is only here that judicial officers work harder than slaves and yet, they are not appreciated. But the consolation is that the Judges in Nigeria are ematch to the devil they are contending with.

“Whether we like it or not, we have to be proud of our Justices. They are brilliant and bold and some of them appointed as Justices in other countries.

“A mistake by one Justice should be not be generalised to warrant general condemnation from any quarter. They surpass Judges from other countries. They deserve commendation for resisting the evils.

“Majority of judicial officers are standing in the face of challenges and unless we are careful with the way we attack Judges, we will loose our minds and conscience,” he said.

He said that those who critisise judicial officers are at liberty to do so, but they have to be cautious in the way they go about it, adding that, while critisising the judiciary, they must not abuse it.

Agabi also spoke against granting of outlandish bail conditions to suspected criminals.

He noted that the law presumes them innocent until guilt is established, adding that granting of outlandish bail that will keep them in custody is unconstitutional

According to him, “we need not to slam bail conditions that are unattainable as the principles which govern bail conditions are the same as fine governed by the constitution”.

He challenged the current AGF to use his office to improve the welfare and work conditions of judicial officers.

In his speech, the Minister of Justice, Mr Lateef Fagbemi, SAN, said that President Bola Tinubu’s administration will address the issue of shortage of Justices at the Court of Appeal and the Supreme Court. (NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Don’t blame judges for delays in justice dispensation, says Appeal Court Judge

Don’t blame judges for delays in justice dispensation, says Appeal Court Judge

By Mustapha Yauri

Hajiya Binta Zubairu, Justice of the Court of Appeal (JCA) on Sunday in Zaria said judges are not the cause of delay in the dispensation of justice as erroneously believed by some Nigerians.

Zubairu made this known on the sidelines of a reception organised in her honour in Zaria on recent elevation as a Justice of the Court.

Judges are being wrongly accused of delay in dispensing justice by the public.

“Judges work as a team with the prosecution, lawyers and others. Speedy dispensation of justice requires the prompt efforts of the police, prosecution, assembling of exhibits by lawyers and presenting them correctly before the judges in court in accordance with the laws.

“Most times the judges or magistrates are ready to adjudicate but the prosecution would not be ready or the lawyers will come with one excuse or the other.

“These are facts that are glaring in Courts but because we the judges can’t voice out their frustration, all the blames are shifted and heaped on us,” she said.

She said most times it takes the police longer than usual to conclude investigation in a simple case.

Zubairu commended the Zazzau Emirate for identifying and rejoicing with her over her promotion and appointment.

According to her, her elevation to the court of appeal is for the joy of the entire Zazzau Emirate and humanity.

She expressed gratitude to the Almighty God for making her the first female in the Zazzau Emirate to be elevated to the rank of Justice of the Court of Appeal.

“As a child, it was not my wish to be a magistrate or a judge. I wanted to be a principal of a school.

“I wanted to be a principal because as a kid I desired to see that all children go to school to be educated.

“I have not in my wildest imagination, thought I will be a judge but destiny took me to the judiciary,’’ she said.

Earlier, the Emir of Zazzau, Malam Ahmad Bamalli said, “the emirate was proud of justice Zubairu’s as  the first female from the emirate to attain that height in the judiciary.

The emir enjoined the celebrant to be good ambassador of the emirate by exhibiting high sense of honesty and professionalism in her endeavour.

Also speaking, the Chairman of the Presidential task force committee on prison decongestion and former FCT Chief Judge, Justice Ishaq Bello urged young judges to imbibe the culture of hard-work and dedication to enable them excel.

Bello while congratulating justice Zubairu, advised her to follow the ethics of the profession for effective delivery.(NAN) (www.nannews.ng)

Edited by Thompson Yamput/Sadiya Hamza

CJN swears in 9 Justices of Appeal Court

CJN swears in 9 Justices of Appeal Court

By Ebere Agozie/Pauline Ochai

The Chief Justice of Nigeria (CJN), Justice Kayode Ariwoola on Wednesday swore in nine Justices of the Court of Appeal.

Ariwoola while administering the oath of office to the new judges, said:”the level of public scrutiny of your conduct will, henceforth, assume astronomical dimension because you have willingly taken up appointment that will strategically place you perennially in the eye of the storm.

“The tempo and rate of public assessment of your conduct and disposition have also instantaneously assumed unprecedented spike from this moment.

“You must redouble your effort and dialogue properly with your conscience in order not to fall out of the grace of the Almighty God and the Nigerian people who are curiously looking up to you.

“It takes nothing to join the crowd but it takes a lot to stand alone with good conscience’’, he admonished.

He said that the ceremony was an indication of the times that we are currently in as several novel crimes are being committed in the country that have now made litigations to go on a steady rise.

“Political cases, especially, are taking a monumental toll on our dockets, indeed, the times we are in are not pleasant, to say the least.

“No court in the land is spared of this. We are constantly on our toes and the dockets are ever rising in response to the challenges of the time.

“This underscores the undisputed fact that Nigeria continuously ranks among the most litigious countries in the world.

“I strongly believe it is high time we began to imbibe the culture of less litigation and more of alternative dispute resolution mechanisms: so that our courts can be freed of unnecessary burden and depletion of both human and material resources’’.

He said the onus squarely rests on the Lordships to fasten their belt and roll up their sleeves to face the challenges head-on.

The CJN charged them to redouble their pace to catch up with the expectations of the litigants.

“As judicial officers, you have a divine mandate on earth that you must discharge with unveiled honesty and sincerity.

“You must give good account of yourselves to justify your elevation to the court of appeal so that you can subsequently earn an elevation to the supreme court to further actualize your dreams.

“Many high-profile cases would definitely come to you on appeal; and they may likely come in some juicy and irresistible gifts that are often intended to dent your reputation and integrity.

“I urge Your Lordships to flee from such disguised temptations because your reputation and integrity matter much and count enormously in your rise to honour and fame in life.

The new appellate court Justices are: Hannatu Azumi Laja-Balogun from Kaduna State, who was appointed a High Court Judge on May 24, 1999; Binta Fatima Zubairu from Kaduna State, appointed a High Court Judge on Oct.  31, 2001.

Others are Peter Obiora from Anambra, who was sworn-in as High Court Judge on Jan. 17, 2005, Justices Okon Abang from Akwa Ibom , who was appointed a High Court Judge on June 22, 2009.

Others are Asma’u Musa Mainoma from the Federal Capital Territory, appointed High Court Judge on February 1, 2013; Lateef Adebayo Ganiyu from Oyo State, who became High Court Judge on June 26, 2014; and Jane Esienanwan Iyang from Cross River State, who was sworn-in as High Court Judge on February 12, 2015.

The rest are Hadiza Rabiu Shagari from Sokoto State, who was elevated to the High Court Bench on February 12, 2015; and Paul Ahmed Bassi from Borno State, appointed to the High Court on July 14, 2017. (NAN)

Edited by Sadiya Hamza

NAPTIP secures life jail term of pharmacist over rape

NAPTIP secures life jail term of pharmacist over rape

 

By Aderogba George

The National Agency for the Prohibition of Trafficking in Persons (NAPTIP), says it has secured the sentencing of a pharmacist, Abubakar Danraka, to life imprisonment for rape.

NAPTIP’s Press Officer, Mr Vincent Adekoye, disclosed this in a statement on Tuesday in Abuja.

Adekoye said an FCT High Court sitting in Kubwa, convicted and sentenced Danraka to life imprisonment on Monday.

According to him, the court was presided over by Justice A. Akanbi-Yusuf, after NAPTIP’s prosecution team had successfully proved the charge beyond reasonable doubt.

He said that the suspect was charged to court vide a charge dated Aug. 9, 2021, and was later arraigned on April 5, 2022

The convict, according to Adekoye, pleaded not guilty to the charge.

He said that the convict is a former Chief Pharmacist of National Hospital, Abuja, and a Senior Special Adviser on Technical to the Director of the National Institute for Pharmaceutical Research and Development.

He said that the public servant was charged with rape (Sodomy)under Section 1 of the Volence Against Persons Prohibition (VAPP) Act of 2015.

Adekoye said that the convict was arrested on March 27, 2020, for defiling a minor, whose parents reside within the same neighbourhood in Abuja.

He said that the convict lured the victim to his apartment, had anal intercourse with her after spiking her drink.

He said that the judgment brought to a definitive conclusion of a three- year old controversial rape trial.

The statement also quoted NAPTIP Director-General, Prof Fatma Waziri-Azi, as commending the judgment, saying it would serve as deterrent to other would-be offenders under the VAPP Act.

She said, “I want to specially commend the judiciary for its sustained collaboration and support in the implementation of the VAPP/Law in the country which has culminated in this landmark judgment.”

The NAPTIP boss said that the judgment is a victory for the country at large.

“In a bid to make Nigeria a violence–free nation, with the collaboration all our esteemed partners and stakeholders, NAPTIP will continue to scale efforts to ensure more convictions and less impunity.

“This is the third rape conviction and counting secured by NAPTIP in the FCT for the year 2023,” Waziri-Azi said. (NAN) (www.nannews Ng)

Edited by Kevin Okunzuwa//Julius Toba-Jegede

Court dismisses Bulkachuwa’s suit seeking to stop ICPC, DSS from investigating him

Court dismisses Bulkachuwa’s suit seeking to stop ICPC, DSS from investigating him

By Taiye Agbaje
A Federal High Court  Abuja, on Tuesday, dismissed the suit filed by Sen. Adamu Bulkachuwa seeking to stop the ICPC from investigating him over the comment he made during the valedictory session of the 9th National Assembly (NASS).
Justice Inyang Ekwo, in a judgment, held that the suit lacked merit and ought to be dismissed.
Justice Ekwo said that Bulkachuwa, being a lawmaker, ought to understand the implication of the statement that he made on the floor of the Senate.
According to him, the legislative immunity which the plaintiff (Bulkachuwa) claims in this case does not avail him.
“It is the duty of every law-abiding citizen to assist and cooperate with law enforcement agencies in their quest to carry out their statutory function.
“It is only where a law enforcement agency breaches the fundamental right of a citizen in the process of carrying out their statutory function, then a cause of action could be said to have arisen,” the judge said.
The News Agency of Nigeria (NAN) reports that Bulkachuwa had sued the Attorney-General of the Federation (AGF), the NASS clerk, State Security Service, ICPC and the Nigeria Police Force as 1st to 5th defendants respectively.
The plaintiff asked the court to declare that he “is covered, privileged and protected by the parliamentary immunity as enshrined in Section 1 of the Legislative Houses (Powers and Privileges) Act 2017 and freedom of speech and expression made thereto is privileged.”
He also prayed the court to declare that without exhausting the internal disciplinary mechanism, recommendations and approval of the 9th House of Senate, no other law enforcement agent of the Federal Government, including the defendants can invite any member of the Senate for questioning/interview.
Justice Ekwo said the utterance made by Bulkachuwa on the floor of the Debate on June 10 was not covered by Section 39(1) of the 1999 Constitution.
”The provision is that every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”
According to the judge, the clear words of Section 39 (1) of the 1999 Constitution (as amended) cannot be interpreted to mean that a person can say anything he likes.
“In a formal setting like that plenary session or committee proceedings of the Senate, It is not expected-a person who is privileged to voice any expression will utter words or express opinion or impart Ideas or gives’ Information that cannot be defended under the constitution.
“Upon studying the provision of Section 39 (1) of the 1999 Constitution (as amended), it Is my opinion, that the words uttered by the plaintiff on the floor of the Senate on Saturday, 10th June, 2023 was a confession of doing an act that is prohibited by law.
“When a person confesses that he influenced a judicial officer to help his friends and colleagues, such a person has gone beyond the limit of freedom of speech that is reasonably covered and protected by the provision of Section 39 (1) of the 1999 Constitution (as amended).
“A person who has used the opportunity given to him by the constitution to express himself freely and uses the opportunity to expose his actions or conduct which the law of the land criminalises, has unwittingly invited law enforcement agencies to question him.
“This is what the plaintiff did in this case.
“I therefore find that that the speech of the plaintiff on the floor of the Senate on June 10, was a confession of illegal act and Section 39 (1) of the 1999 Constitution (as amended) cannot be invoked to cover such and I so hold,” he declared.(NAN)(www.nannews.ng)
=======
Edited by Sadiya Hamza
Tribunal dismisses APC petition against Gov. Lawal of Zamfara

Tribunal dismisses APC petition against Gov. Lawal of Zamfara

By Habibu Harisu

The Zamfara Governorship Election Petition Tribunal on Monday dismissed the petition filed against the state governor, Dauda Lawal by the All Progressive Congress (APC) and its governorship candidate, Bello Matawalle.

The Tribunal Chairperson, Justice Cordelia Ogadi, who led two other members, dismissed the petition for lack of merit and inability of the petitioners to prove their case as required by law.

The tribunal held that the petitioners also failed to prove allegation of irregularities during the polls and awarded N500,000 cost to be paid by the petitioners to each of the three respondents.

The respondents to the petition are; Lawal, his party, Peoples’ Democratic Party (PDP) and the Independent National Electoral Commission (INEC).

Matawalle, the immediate past governor of the state and his party, APC had filed the petition against the respondents contending that the governorship election was marred with irregularities and Lawal did not score majority of lawful votes.

Delivering the lead judgment, Justice Ogadi held that the petitioners were unable to prove allegations of over voting and other malpractices, stressing that the burden of proof was solely on the petitioners.

She said that the petitioners were also unable to prove allegations of substantial non-compliance of the poll to the provisions of the electoral act that would affect the overall outcome of its result.

According to her, all the arguments were considered and the case decided based on the constitutional requirements as well as the provisions of the electoral laws.

She therefore dismissed the petition for lack of merit and awarded the cost against the petitioners.

The petitioners had alleged that the March 18 governorship election was flawed with irregularities and sought the tribunal’s order nullifying the return of Lawal as winner of the poll by INEC.

They also sought the order of the court declaring Matawalle winner of the said election on the ground that he scored the majority of the lawful votes.

The petitioners prayed the Tribunal to mandate INEC to issue Matawalle Certificate of Return and further orders necessary. (NAN)(www.nannews.ng)

Edited by Rotimi Ijikanmi

Tribunal affirms election of Kano NNPP lawmaker

Tribunal affirms election of Kano NNPP lawmaker

By Ramatu Garba

The  National/State House of Assembly election tribunal, on Monday, affirmed the election of Mudassir Zawachiki of the New Nigeria People’s Party (NNPP) as lawmaker representing Kumbotso Constituency in the Kano State House of Assembly.

In their unanimous judgement, the three-man panel, led by Justice L. B. Owolabi, dismissed the petition of Sagir Abdulkadir-Panshekara of the All Progressives Congress (APC), challenging the victory of Zawachiki in the March 18 election.

He said the petitioner’s case lacked merit and did not prove the case of over voting, violence and certificate forgery beyond reasonable doubt.

“The petitioner failed to prove non-compliance with the 2022 electoral act and other irregularities.

Reacting, Zawachiki told newsmen shortly after his victory, “I thank Almighty God, the truth have prevailed. I will continue to do my best to justify the confidence reposed in me.” (NAN)(www.nannews.ng)

RG/VAO
Edited by Vincent Obi
X
Welcome to NAN
Need help? Choose an option below and let me be your assistant.
Email SubscriptionSite SearchSend Us Email