Mrs Beatrice Jedy-Agba, the Solicitor General of the Federation

By Ebere Agozie

Mrs Beatrice Jedy-Agba, the Solicitor General of the Federation says only a small fraction of cybercrimes is actually prosecuted and adjudicated.

Jedy-Agba said this at the closing ceremony of the ‘Training of Trainers on Cybercrime and Electronic Evidence for Judges and Prosecutors in Abuja.

The event was under the Global Extended Action on Cybercrime (GLACY+) in Nigeria, West African Response on Cybersecurity and Fight against Cybercrime (OCWAR-C), both EU funded projects in collaboration with the Federal Ministry of Justice.

She noted that Nigeria acceded to the Council of Europe’s Budapest Convention on Cybercrime ETS No. 185 in July 2022 which is the most relevant close-to-global existing legal framework on cybercrime and one of the benefits for member states is capacity building in the area of cybercrime.

“It goes without saying that digital transformation has essentially redefined life, particularly in the post-covid era and while it has benefits, there are resulting challenges which include the increase in cybercrimes.

“Since accession to the convention, this is the first national activity under GLACY+ in Nigeria and it is a great idea to have it partner with OCWAR-C.

“Nigeria appreciates this partnership and support to create a national pool of trainers on cybercrimes and electronic evidence for Judges and Prosecutors.

She said that the global nature of this menace sometimes described as “phenomenon without borders” makes it imperative for countries to seek to build capacity to be able to effectively combat it.

“Hence, the efforts of the international organisations in cyber capacity building cannot be over-emphasised.

“The increasing reliance on electronic evidence not only for cybercrimes but even traditional crimes which may not be located in the territory where the case is investigated makes it even more imperative to build capacity on its use.

“Therefore, the continuous need to train and re-train criminal justice sector authorities cannot be overrated as it will enhance their ability to effectively apply cybercrime legislation and respond to the challenges it poses”, she said.

She said that as a commitment to the fight against cybercrimes and the capacity building of the criminal justice authority, the Minister of Justice inaugurated the Reconstituted Global Action on Cybercrime Extended (GLACY+) National Co-ordination Team with membership from key stakeholders.

She commended the Justices of the Federal High Court who took out time to be participants at the training and also the prosecutors from the relevant Ministries, Departments and Agencies.

“This training will fundamentally be beneficial to the dispensation of justice in Nigeria.

“I urge participants to pass on the knowledge acquired to other legal practitioners as national trainers on cybercrime and electronic evidence”, she added.

The Chief Judge of the Federal High Court (FCT) Justice John Tsoho, represented by Justice Inyang Ekwo, expressed his delight at the training aimed at effective justice delivery in the country.

“When I received the invitation to nominate 10 judges, I was challenged and sceptical as approving ten judges to leave their respective desks for one week for fear that they might be affected bearing in mind the tight doctrine of the court.

“However, upon noting that the program is based on the global action on cybercrime and electronic evidence, I did not hesitate to
send the number of judges requested.

“I had taken out some time to go through the program and acknowledge that the judges have benefited greatly in the training and acquired the capacity to demonstrate the knowledge
gained in judicial proceedings and impart this knowledge to others”.

Tsoho noted that cybercrime is a global issue and he is convinced that building effective repositioning of knowledge will bring about skilled prosecution and effective judicial proceedings.

“I commend the organizers and participants of this programme and I am satisfied that the programme ran its course successfully.

“I also request for follow-ups for this programme as I believe that the interactions in the course of the programme were fruitful.

“I therefore salute everyone for a successful programme, and declare it closed”. (NAN)

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Edited by Sadiya Hamza

By Taiye Agbaje

A lawyer, Emmanuel Ekpenyong, has appealed against a Federal High Court (FHC) judgment which held that his suit filed against some sections of the Companies and Allied Matters Act (CAMA), 2020, was not binding on the National Assembly.

The News Agency of Nigeria (NAN) reports that Justice James Omotosho of FHC, Abuja, had, on April 18, nullified some sections of CAMA, 2020 which were considered to infringe on the fundamental human rights of the Nigerian citizens, following a suit filed by Ekpenyong.

Ekpenyong, an Abuja-based legal practitioner, had in the suit marked: FHC/ABJ/CS/1076/2020, sued the National Assembly, Corporate Affairs Commission (CAC) and the Attorney-General for the Federation (AGF) as 1st to 3rd defendants respectively.

In the originating summons dated and filed on Aug. 31, 2020, the lawyer prayed the court to determine whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of CAMA infringed on his rights to thought conscience, and religion as enshrined in Section 38 of the 1999 Constitution (as amended), among others.

Delivering the judgement, Justice Omotosho agreed with Ekpenyong that the powers granted to CAC to regulate and administer Incorporated Trustees in Nigeria under Sections 839, 842, 843, 844, 845, 846, 847 and 848 of CAMA 2020 infringed on his right to freedom of thoughts.

The judge, who held that the lawyer had locus to institute the suit, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the constitution.

But Omotosho, however, agreed with the National Assembly’s argument that since Ekpenyong did not serve the legislature with pre-action notice in line with Section 21 of the Legislative Houses Power and Privileges Act, the suit was incompetent against the legislative organ.

Meanwhile, in his notice of appeal dated April 28, the lawyer sued the National Assembly, CAC and AGF as 1st to 3rd respondents respectively.

He argued that the trial judge erred in law when he held that his suit was incompetent against the NASS (1st respondent) because he failed to serve a three-month’s pre-action notice on the legislative body.

He further argued that the provisions of Section 46(1) of the constitution did not make service of pre-action notice on government agencies and statutory bodies, including the NASS, a condition precedent before he can apply to the trial court to enforce his fundamental human rights provided in Chapter IV of the constitution.

He said Paragraph 3(b) and (c) of the Preamble to the Human Rights Rules provided that the overriding objectives of the rules was for the purpose of advancing but never for the purpose of restricting the applicant’s rights and freedoms.

Ekpenyong, who sought four reliefs, prayed the court for an order allowing his appeal.

“An order of this honourable court setting aside the part of the judgment of the trial court which held that the action of the appellant is incompetent against the 1st respondent (NASS) because the appellant did not serve the 1st respondent with a pre-action notice pursuant to Section 21 of the Legislative Houses (Powers and Privileges) Act.

“An order of this honourable court that the appellant’s suit is competent against the 1st respondent.

“An order of this honourable court that the judgment of Justice J.K. Omotosho of the Federal High Court Abuja Division delivered on April 18, is binding on the 1st respondent,” the application read.

No date has been fixed for the matter. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Naomi Sharang

The Network of University Legal Aid Institutions, (NULAI), Nigeria, a civil society organisation resolved  1, 400 pretrial detention cases in the Federal Capital Territory (FCT) and Keffi, Nasarawa State in five years.

The President of NULAI, Prof. Ernest Ojukwu, SAN, said this at an event organised in Abuja on Thursday.

The News Agency of Nigeria (NAN) reports that the event was organised by NULAI with the support of United States Department of State International Narcotics and Law Enforcement and Partners Global.

The project was on “Reforming Pretrial Detention in Nigeria (RPDN): Project Retrospective Outlook Close -out Session “.

Ojukwu who was represented by Executive Director NULAI, Dr Mukhtar Nasiru said that the project started in 2018 and had been impactful.

“There is no iota of doubt this is the most impactful project NULAI has ever been involved in.

“This is certain because the reports are showing some amazing statistics of impacts that have been made on different fronts.”

He said “Over 1,400 cases have been resolved; over 500 students have been able to support pro bono lawyers to intervene in cases and these cases have been resolved.

“Over 15, 000 pretrial detention cases are being updated , the records are updated in the correctional centres, that is to show you that the use of technology has helped to solve a lot of systemic problems that are affecting the criminal justice system.”

Ojukwu, however, said that there has been a lot of problems of pretrial detention in the country which has resulted into overcrowding in the correctional centres.

“The figure in Nigeria is 75 per cent and it has been consistent. What I mean by 75 per cent is that of every 100 people in the correctional center, 75 per cent of them are pretrial detainees.

“This means that their cases have not been decided. They have not been convicted. Only 25 per cent have been convicted.

“We have been able to reduce significantly all the problems that make cases to be adjourned.”

He said that with the effort by the CSO, the period of adjournment has been reduced from 31 days to 14 days.

Also speaking, David Greene, Charge’ d’ Affaires, U.S. Embassy, Nigeria, said that Nigeria was not alone in facing the challenge of pretrial detention.

“It is universal. The fundamental principle of any democratic society like Nigeria is not just the rule of law, but there must be a functioning justice system,” he said.

He said that the project was implemented in the FCT and Keffi adding that the U.S. would replicate this role to include additional states in north central region.

Similarly, NULAI’s Programme Manager, Mahmud Yusuf said that the organisation had been working with the Nigeria Correctional Services (NCS) to achieve its goal.

He said: “With a little over 70,000 detainees in detention in correctional centres across states, 63,000 are pretrial detainees which constitute a high percentage of pretrial detainees.

“The problem with pretrial detention is a system wide problem not just from the correctional centres but from the point of entry, you look at what are the courts doing, what are the prosecuting agencies doing.

“And then the resulting effect is the congestion and then the resultant pretrial situation we have across the country.”

He said that the way out was to look at the structures in place to address pretrial detention.

For Controller-General Nigerian Correctional Service (NCS),.Haliru Nababa, appreciated NULAI’S effort at
reducing cases of pretrial detainees in the country.

Nababa was represented by Controller, Custodial, Adamu Yahaya.

He said that the major challenge in the custodial centres was overcrowding of the facilities.

“NULAI has supported the service in addressing the issue of overcrowding of inmates awaiting trial in custodial centres,” he said.

Also speaking, Ms Deborah Mancini, Director of the Africa PartnersGlobal said the organisation had been discussing issues relating to pretrial detention in Nigeria.

“We realise that Nigeria had gone through a very progressive legal reform process where they have put in place the Administration of Criminal Justice Act.

“The Act gave a lot of opportunity to ensure that pretrial detention cases were handled more effectively in the courts.”(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

By Wandoo Sombo/Edith Nwapi

The Presidential Candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar was present at the Thursday hearing of petitions and applications at the Presidential Election Petitions Court (PEPC) sitting in Abuja.

Also present in court were the former governors of Adamawa, Boni Haruna, Niger, Babangida Aliyu, Cross River, Liyel Imoke and Adamawa, Jubrilla Bindow as well as former National Chairman of PDP, Mr Uche Secondus, and Chairman of DAAR Communications, Mr Raymond Dokpesi.

The tribunal will be hearing Atiku and the PDP’s motions seeking live transmission of proceedings of the court as well as petitions challenging the outcome of the Feb. 25 Presidential Election.

In today’s proceedings, the court is also expected to hear Atiku’s application, pushing for live broadcast of the day-to-day proceedings with regards to his petition.

Atiku and the PDP are specifically asking the court for an order directing the court’s registry and the parties on modalities for admission of media practitioners and their equipment into the courtroom.

The application filed on their behalf by their team of lawyers led by Mr Chris Uche, SAN, is predicated on the grounds that the matter before the court is a dispute over the outcome of the Presidential Election held on Feb. 25.

They argue that the matter is of national concern and public interest, involving citizens and voters in the 36 states of the federation and the Federal Capital Territory, Abuja, who voted and participated in the said election.

They also said that the matter is critical because the international community is also interested as regards the workings of Nigeria’s electoral process.

According to Atiku, being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive. (NAN) (www.nannews.ng)

Edited by Ismail Abdulaziz

By Adenike Ayodele

The Economic and Financial Crimes Commission (EFCC) on Wednesday arraigned one Muhammed Usman for allegedly defrauding a man of N34.3 million on the pretext of supplying him the dollar equivalent.

The News Agency of Nigeria (NAN) reports that Usman was arraigned alongside his company, Masha Allah International Resources Ltd. on a five-count charge bordering on obtaining money by false pretences and stealing.

He, however, pleaded not guilty to the charge.

Following his not-guilty plea, EFCC counsel, Mr Ahmed Yerima, prayed the court for a trial date to enable prosecution team to assemble  witnesses.

Yerima also prayed the court to remand the defendant in a custodial facility.

Defence counsel, Mr Jamiu Bashir, however, prayed  the court to remand the defendant  in EFCC custody.

Bashir told the court that defence was in the process of bringing a formal bail application before the court.

According to the EFCC,  Usman deceitfully induced one Mr Abdullahi Dalhatu  of Yarinya and Co. Farms Ltd. to pay  N34.35 million into his Access Bank account on the  pretext of giving him the dollar equivalent at the rate of 685 Naira per dollar.

The commission said that the defendant  knew that he  was deceiving his alleged victim.

NAN reports that EFCC also arraigned Usman before the same court on a separate charge (four counts) bordering on obtaining by false pretences and stealing.

It alleges that the defendant deceitfully obtained N67.6 million through his Providus Bank account from one Mr Suleiman Bashiru on the pretext that he had the dollar equivalent and would give him at the rate of 675 Naira per dollar.

The commission said that the defendant knew the representation to be false.

The EFCC also said that Usman collected $37,314  from one Mr  Faisan Haruna, who he promised to give the Naira equivalent, but failed.

The alleged offences contravene Sections 1 (1) (a) 1 (3) of the Advanced Fee Fraud and other Related Offences Act of 2006, and Sections 278(1)(2)and 285(1) of the Criminal Law of Lagos State, 2015.

Justice Ismail Ijelu adjourned the case until  June 19 for the commencement of trial. (NAN)www.nannews.ng)

Edited by Ijeoma Popoola

By Edith Nwapi

The Presidential Election Petition Court (PEPC) has further adjourned pre-hearing in the petitions filed by Mr Peter Obi and his Labour Party until May 17.

The panel led by Justice Haruna Tsammani adjourned after parties agreed on time to exchange processes and responses.

Tsammani said parties have agreed that the matter be adjourned.

“On that note, the petition is further adjourned until May 17 for parties to exchange processes and responses.

He commended them for their unanimous agreement to hasten the process .

The respondents are Independent National Electoral Commission (INEC), Sen. Ahmed Tinubu,  Sen. Kashim Shettima and All Progressives Congress (APC).

Earlier, counsel for the petitioners, Dr Levi Uzoukwu, SAN, informed the court that parties in the matter have agreed that since there are some numbers of processes to file that the matter be adjourned until Wed.

This, he said, will enable exchange of the processes and responses.

The senior counsel also informed the court that before that day, parties would meet to take a look and agree on what to be tendered.

Responding, Abubakar Mahmoud, SAN, counsel for INEC agreed with the senior counsel.

Similarly, Wole Olanipakun, SAN, Counsel for 2nd and 3rd respondents, Sen. Ahmed Tinubu and Sen. Kashim Shettima also agreed to the submissions.

“We agreed to exchange applications and replies between Monday and Tuesday so that by Wednesday, all the processes will be ready for adoption”.

The All Progressives Congress (APC ) 4th respondent’s counsel,  Lateef Fagbemi, SAN, also confirmed their agreement.

He said they all have aninomously agreed that the procedures will follow subject to the court approval because they believed it would hasten the proceedings.

The News Agency of Nigeria (NAN) reports that Chairman of INEC, Prof. Mahmood Yakubu had declared Tinubu winner of the Feb. 25 presidential election after securing majority of votes cast at the poll.

He said Tinubu met the constitutional benchmark of scoring 25% in two thirds of 36 states and the Federal Capital Territory according to INEC.

Disagreeing with the outcome of the result,  Obi and his party, LP filed a petition challenging  the victory. (NAN ) (www.nannews.ng )

Edited by Sadiya Hamza

By Ngozi Njoku

A female teacher, Aderonke Makonde, was on Wednesday docked in an Ikeja Magistrates’ Court, Lagos for assaulting a nine-year-old pupil.

The police charged Makonde, 35, a teacher at Westgate Land Emperial Creche Nursery and Primary School, Mushin, Lagos with assault.

The woman, however, pleaded not guilty to the charge.

The Prosecution Counsel, DSP Kehinde Ajayi, told the court that Makonde allegedly assaulted the pupil by “flogging her mercilessly all over her body with cane and causing her bodily harm”.

She said the pupil’s offence was noise making in class.

Ajayi said the teacher’s offence contravened the provisions of section 172 of the Criminal Law of Lagos, 2015.

The Chief Magistrate, Mrs E. Kubeinje, admitted the defendant to bail in the sum of N50,000 with two sureties each in like sum with proof of tax payment and verification of address.

Kubeinje later adjourned the matter till June 7 for hearing. (NAN)(www.nannews.ng)

Edited by Sam Oditah

By Taiye Agbaje

A Federal High Court Abuja, on Wednesday, gave an order of perpetual injunction restraining the National Broadcasting Commission (NBC) from imposing fines, henceforth, on broadcast stations in the country.

Justice James Omotosho, in a judgement, also set aside the N500,000 fines imposed, on March 1, 2019, on each of the 45 broadcast stations.

Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations.

He further held that the NBC Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law.

He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law.

He said that the commission did not comply with the law when it sat as a complainant and at the same time, the court and the judge on its own matter.

The judge agreed that the Nigeria Broadcasting Code, being a subsidiary legislation that empowers an administrative body such as the NBC to enforce its provisions cannot confer judicial powers on the commission to impose criminal sanctions or penalties such as fines.

He also agreed that the commission, not being Nigerian police, had no power to conduct criminal investigation that would lead to criminal trial and imposition of sanctions.

“This will go against the doctrine of separation of powers,” he said.

Omotosho held that what the doctrine sought to achieve was to prevent tyranny by concentrating too much powers in one organ.

“The action of the respondent qualifies as excessiveness” as it had ascribed to itself the judicial and executive powers.

The News Agency of Nigeria (NAN) reports that the NBC had, on March 1, 2019, imposed the sum of N500, 000 each on 45 broadcast stations in the country over alleged violation of its code.

However, the Incorporated Trustees of Media Rights Agenda had, in an originating motions marked: FHC/ABJ/CS/1386/2021, sued the NBC as sole respondent in the suit.

In the motion dated Nov. 9, 2021 by its lawyer, Noah Ajare, the group sought a declaration that the sanctions procedure applied by the NBC in imposing N500,00Q fines on each of the 45 broadcast stations on March 1, 2019 was a violation of the rules of natural justice.

The lawyer also said that the fines were in violation of the right to fair hearing under Section 36 of the 1999 Constitution (as amended) and Articles 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap AQ) Laws of the Federation of Nigeria, 2004.

The group argued that this was so because the code, which created the alleged offences of which the broadcast stations were accused was written and adopted by the NBC, “and also gives powers to the said commission to receive complaints of alleged breaches, investigate and adjudicate the complaints, impose sanctions, including fines, and ultimately collect the fines, which the commission uses for its own purposes.”

They, therefore, sought an order setting aside the N500,000 fines purportedly imposed by the NBC on each of the 45 broadcast stations on Friday, March 1, 2019.

They also sought “an order of perpetual Injunction restraining the respondent, its servants, agents, privies, representatives or anyone acting for or on its behalf, from imposing fines on any of the broadcast stations or any other broadcast station in Nigeria for any alleged offence committed under the Nigerian Broadcasting Code.”

Delivering the judgment, Justice Omotosho described the NBC’s act as being ultra vires.

He held that the fines imposed by the NBC as punishment for commission of various offences under its code were contrary to the law and hereby declared as unconstitutional, null and void.

The judge also made an order of perpetual injunction restraining the commission from further imposing fines on broadcast stations in the country. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje

A Federal High Court, Abuja, on Tuesday struck out a suit filed by Sen. Grace Bent against Precious Chikwendu, wife of former Aviation Minister, Chief Femi Fani-Kayode.

Justice Obiora Egwuatu threw out the suit for want of diligent prosecution.

It would be recalled that Bent, through the Nigerian Police, instituted the case against Chikwendu, the ex-beauty queen in 2021.

She was on March 10, 2022 arraigned by the police on allegations bordering on defamation of character and cyberstalking.

But the defendant pleaded not guilty to the charge and the judge admitted her to bail in the terms of the administrative bail earlier granted her by the police.

Though Chikwendu and the ex-minister were in court on March 29 when the matter came up, the prosecuting lawyer was conspicuously absent and no reason was given for the non-appearance, forcing the judge to fix the matter for May 9.

When the case was called up for hearing on Tuesday, the prosecuting lawyer, N.D. Elodimuo, said though the matter was slated for hearing and he was ready to go on, their witness was not in court.

Elodimuo then asked for a short adjournment.

But Chikwendu’s counsel, Emeka Uchegbulam, disagreed with Elodimuo on his application for a short adjournment.

Uchegbulam prayed the court to dismiss the suit for lack of diligent prosecution.

According to him, from the date this matter was filed, they have not shown diligence in prosecution.

“This has been the attitude in every appearance,” he said.

“When a prosecution has not shown any diligence in prosecuting a case, the only option left for the court is to dismiss it.

“We urge the court to so hold,” he added, citing previous case to back his argument.

Elodimuo, who objected to Uchegbulam’s application, said Section 396(4) of the Administration of Criminal Justice Act, 2015 provided that, each party was entitled to fair hearing, and that the defence had not shown reasonable ground for a call for the dismissal of the suit.

Justice Egwuatu told Elodimuo that he expected him to apologise for the absence in the last adjourned date “but you just stepped into court as if nothing happened.

“You did not even give any reason why your witness is not in court.”

When the judge asked him if they had other witnesses in the matter, the lawyer said though the IPO was a witness, the officer was on official duty.

“When did you file this charge?” Justice Egwuatu asked.

“We filed it in 2021,” the lawyer responded.

In a ruling, the judge struck out the charge for want in diligent prosecution.

He held that the prosecution, apparently, was not ready to prosecute the matter.

Chikwendu who had been in court for no fewer than 11 times since the matter began, was sighted alongside her husband, Mr Fani-Kayode, feeling elated. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza