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Tribunal upholds Aiyedatiwa’s victory, describes petitions speculative
Judiciary

Tribunal upholds Aiyedatiwa’s victory, describes petitions speculative

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By Alaba Olusola Oke

The Ondo State Governorship Election Petition Tribunal on Wednesday in Akure upheld the victory of Gov. Lucky Aiyedatiwa in the Nov.16, 2024 election and declared petitions against him as speculative.

In a unanimous judgment, the three-member panel headed by Justice Benson Ogbu, said that the petitioners were not able to prove the allegations of over voting, non-compliance with Electoral Act 2022 “beyond reasonable doubt.”

Justice Benson Ogbu, Justice Imelda Etiape, and Justice Daurabu Sikkam, affirmed Aiyedatiwa’s victory and dismissed all petitions filed against him.

The News Agency of Nigeria (NAN) reports that the tribunal, which began sitting on Jan. 31, received five petitions challenging the outcome of the election.

The Independent National Electoral Commission (INEC) had declared Aiyedatiwa, the candidate of the All Progressives Congress (APC), winner of the election.

The five petitioners were seeking the nullification of the election on grounds of non-compliance with the provisions of Electoral Act.

The petitioners are: Action Alliance (AA) and its candidate, Mr Abdullahi Olowokere; and the Social Democratic Party (SDP) and its candidate, Chief Bamidele Akingboye.

Others are: Peoples Democratic Party (PDP) and its candidate, Mr Agboola Ajayi; the Allied Peoples Movement (APM) and its candidate, Kolawole Ogunfeyimi; and African Democratic Congress (ADC) and its candidate, Mr Adeyemi Nejo.

The respondents are: APC, Aiyedatiwa and his running mate, Mr Olayide Adelami; and INEC.

Mr Ishaka Dikko and Bankole Akomolafe, the PDP’s counsel, argued that the election was marred by substantial non-compliance with the Electoral Act and asked the tribunal to void Aiyedatiwa’s certificate of return.

On the other hand, Aiyedatiwa, his deputy, Adelami and INEC enjoined the tribunal to dismiss the petitions.

The tribunal, however, said that the allegation of vote buying could not be substantiated and supported with facts.

It added that the petitions lacked merit that could stand as a fact to nullify the election’s outcome as being asked by the petitioners.

The AA, through its National Chairman, Mr Adekunle Omoaje, also petitioned the tribunal, asserting that Aiyedatiwa’s declaration as the winner was illegal and void due to non-compliance with the provision of Electoral Act and the 1999 Constitution.

Omoaje claimed that the party was not permitted to nominate its legitimate governorship candidate, alleging that INEC imposed Akinnuli Omolere as the party’s candidate.

On AA alleged exclusion of its candidate from the ballot paper on the election day, the panel held that the party lacked locus standi to initiate the petition because the party had no candidate in the said election.

According to the panel, AA should have instituted a case at a high court to mandate INEC to submit its alleged rightful candidate for the election instead of bringing the matter to the tribunal which has no jurisdiction on pre-election matter.

Also, on APM’s allegation of evidence corrupt practices during the election, the panel struck out the petition, saying it was inconsequential because there were no material facts to support the claim.

The tribunal also said that SDP failed to prove its allegations of over voting and corrupt practices by INEC in favour of APC.

It added that there was nothing shown by SDP and its candidate to prove that there was over voting nor was able to tender evidence that there was falsification of the election’s result as claimed in its petition.

The tribunal stated that elections are not determined by public opinion or propaganda and described the petitions as a waste of the tribunal’s time and taxpayers’ money, noting that SDP and its candidate failed to provide evidence for any of the relief sought.

The tribunal further stated that the petitions instituted by ADC and its candidate were still-born and dead on arrival because the petitioners could not link a single polling unit to the alleged electoral malpractices.

It also unanimously delivered its judgment on the petitions filed by PDP and its governorship candidate, Agboola Ajayi.

PDP submitted its petition on three grounds of allegation of fake academic qualifications of deputy governor, Olayide Adelami, non-compliance with electoral laws by INEC and that Aiyedatiwa did not score the lawful counts of votes during the election.

The tribunal said that PDP presented 22 witnesses during the proceedings of the tribunal’s sittings.

It, therefore, dismissed allegation of non-academic qualification levelled against the deputy governor since it was a pre-election matter which had been decided by apex court, stating that “the petition should not have been filed at all.”

The tribunal noted that the statistics and forensic expert’s evidence brought by PDP was faulty because the said expert could not give any identification and evidence to substantiate his expertise, subsequently, allegation of non-compliance with the Electoral Act was dismissed.

It said that the petitioners’ documents presented as their evidence could not be verified by the tribunal and that the petitioners could not also tender evidence of allegation of over voting during the election.

The three-member panel, therefore, dismissed all the petitions for lack of merit. (NAN)(www.nannews.ng)

Edited by Tayo Ikujuni

Don advocates special unit to address divergence in judicial pronouncements
Judiciary

Don advocates special unit to address divergence in judicial pronouncements

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By EricJames Ochigbo

A university don, Prof. Paul Angya, has recommended the establishment of Judicial Precedent Monitoring and Harmonisation Unit (JPMHU) among other judicial reforms to address divergent court decisions in the country.

Angya, of Birmingham University, Karu, Nasarawa State, made the recommendation at a one-day dialogue on judicial reforms on Tuesday in Abuja.

The dialogue was titled, “One Judgment, Many Meanings: Navigating the Divergent Interpretation of Court Decisions in Nigeria.”

The News Agency of Nigeria (NAN) reports that the dialogue was organised by the National Institute for Legislative and Democratic Studies (NILDS).

In a paper titled “The Effect of Divergent Interpretations of the Decisions of Courts on Legal Certainty and the Rule of Law in Nigeria,” Angya called for strict enforcement of hierarchy, legislative clarity and drafting precision among others.

He said that the cumulative effect of such judicial dissonance is a breakdown of legal certainty, saying that predictability is the cornerstone of the Rule of Law.

The don said that it leads to forum shopping by litigants in pursuit of favourable interpretations and delays in justice delivery due to conflicting precedents.

 Angya said that it also leads to confusion among law enforcement agencies on which decision to apply and loss of public confidence in the judiciary’s ability to uphold justice consistently.

The don said that there was an urgent need for Nigerian courts, especially at the intermediate and lower levels, to fully comply with the doctrine of stare decisis.

Citing the Supreme Court Judgment in the case of Osakuev verses Federal College of Education Asaba, he said that the doctrine of stare decisis remains a cornerstone of our judicial system.

“It is not for a lower court to question or depart from the clear and binding authority of the Supreme Court. Judicial training and internal disciplinary mechanisms must be reinforced to ensure compliance.

“JPMHU should be established under the aegis of the National Judicial Council (NJC) or in collaboration with the Nigerian Institute of Advanced Legal Studies (NIALS).

“Its primary functions would include, tracking, collating, and reviewing judicial pronouncements across all tiers.

“Publishing thematic bulletins on doctrinal developments, recommending matters for resolution by higher benches in cases of doctrinal conflict and advising the Chief Justice of Nigeria on jurisprudential trends that require clarification,” he said.

In his remarks, a retired Justice of the Supreme Court, Justice Ejembi Eko, emphasised the need for discipline in the judiciary.

He blamed the issue of divergence in judicial pronouncements on indiscipline, political interference and work pressure given the limited time to decide electoral matters.

According to him, when we do these, we compromise the principles of rule of law and democracy.

Eko tasked the NJC on high disciplinary standard for judicial officers, saying that a judge that was indicted for misconduct should be made to resign.

On his part, the President of Industrial Court, Justice Benedict Kanyip said that there were hardly two cases with the same parameters.

The justice explained that a matter could have been determined by a court without considering some factors which in the interest of justice, were considered by another court, hence making two different decisions on similar matters.

He said that cases should be decided based on their individual merits, saying that injustice is such an expensive price to incur on the altar of precedence.

Earlier, the Director-General of NILDS, Prof. Abubakar Sulaiman, said that the theme of the discussion was at the very heart of legal reasoning and judicial integrity.

According to him, in every legal system governed by precedence, consistency in judicial interpretation is an indispensable factor in guaranteeing judicial integrity and public trust in the judiciary as the last hope of the common man.

“Conversely, the reality we often encounter is that the same judgment can yield multiple understandings among legal scholars and even within different tiers of the judiciary.

“This phenomenon of divergence is not merely academic; it affects the predictability of law, the rights of litigants and the authority of the courts.

“Today, we aim to explore the causes, consequences and potential resolutions of such divergent interpretations,” he said.

Sulaiman pledged that the outcome of the dialogue will be submitted to the National Assembly for necessary legislations and policy actions. (NAN)(www.nannews.ng)

Edited by Francis Onyeukwu 

Tribunal upholds Benue councils Chairmen, Councillors election
Judiciary

Tribunal upholds Benue councils Chairmen, Councillors election

381 total views today

By Ebere Agozie

The Benue Election Appeals Tribunal sitting in Abuja has upheld the elections of all the Council Chairmen and Councillors of the state under the umbrella of the All Progressives Party (APC).

The News Agency of Nigerian (NAN) reports that the petitioners were largely aspirants from the same APC, who claimed they were rightly nominated but unjustly excluded from the election.

At the elections, split decisions left the incumbents winning in 14 and the petitioners winning in 9 out of the 23 local government areas of the state, a development that led to the appeals from both ends.

Delivering the judgment for Zone A, Justice Michael Ugar, held that the petitioners were duty bound to prove they were first validly nominated before talking of exclusion.

He also held that “the petitioners having failed to prove nomination cannot lay claim to exclusion. Their case is bound to fail and hereby fails and same is dismissed.”

In Zone B, Justice I. Mohammed, held that the provisions of the Benue State Law, 2007 put the issue of nomination of candidates out of the jurisdiction of the trial tribunal.

“The issue of nomination of a candidate is within the domestic affairs of a political party and cannot be litigated at the trial tribunal or this appeal tribunal.

“They do not see a wood in the tree canvassed vigorously by the petitioners. We sit to do justice and not to supervise academic issues.

“We affirm the judgment of the trial tribunal and dismiss the appeal of the petitioners/appellants,” Mohammed said.

Delivering judgment for Zone C, the Appeals Tribunal Chairman, Justice Dennis Igyuse, said the grievances of the petitioners before the lower tribunal could not and cannot be litigated at the tribunal nor the appeal tribunal.

“The petitions of the petitioners are but a reckless display of academic prowess without of course, a destination.

“The consolidated petitions of the petitioners in all of Zone C are dismissed and the local government elections of Oct. 5, 2024 and the return of its winners is hereby upheld.’’

Also, the three petitions filed by the Peoples Democratic Party and an earlier petition filed by the Labour Party were all thrown out.

Meanwhile, a Senior Advocate of Nigeria, Mohammed Ndarani, lead counsel of the state government representing the state electoral umpire BSIEC, described the judgment as infallible.

Ndarani said the judgement was a reflection of the law, adding that the justices were the heroes of the process for standing firmly for the cause of right.

He congratulated the council chairmen and councillors on their deserved victories and urged them to remain people-oriented.

He also commended the government of Benue as well as all the lawyers whose industry, commitment and selfless efforts made the process a huge success. (NAN)(www.nannews.ng)

Edited by Ismail Abdulaziz

Judiciary workers in Supreme Court, NJC, FHC pull out of planned JUSUN strike
Judiciary

Judiciary workers in Supreme Court, NJC, FHC pull out of planned JUSUN strike

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By Ebere Agozie
Judiciary workers under the Supreme Court, National Judicial Council (NJC) and the Federal High Court (FHC) have pulled out of the planned strike due to begin on Monday.
The Judiciary Staff Union of Nigeria (JUSUN) had directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from Monday.
In a communique signed by 12 principal officers of the Supreme Court Chapter of JUSUN, led by Comrade Danladi Nda, it said that joining the June 2 strike will amount to misplacement of priority and neglect and will result in exercise in futility.
The apex court workers said that they opted out as a result of cogent and verifiable assurances extracted from the intervention of the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun.
They confirmed that the CJN had already visited the presidency and tabled their demands in order to get them resolved fully.
“With the CJN’s commendable efforts, we owe her our unwavering support in order to get the expected allowances and others paid.
“Lower sister courts position on the planned nationwide strike cannot be managed by us in the Supreme Court as it will put the CJN’s efforts in vain, jeopardy and swept under the carpet.
“We pray that our colleagues be calm and allow the efforts of the CJN to achieve meaningful results.”
The communique hinted that the Supreme Court Chapter of JUSUN has commenced discussing with all the federal chapters to see reasons and drop the planned nationwide industrial action for now.
“We urge those insisting to participate in the strike action to be patient and calm and go along with the CJN to achieve deserved result,” the communique said.
‘The CJN had obtained concrete assurances from the various federal government agencies she discussed the issue with and that everything would be resolved soon, which makes the call for strike unnecessary for now.”
NJC had, in a statement by Mr Joel Ebiloma, the Public Relations Officer (PRO), JUSUN NJC Chapter, hinted that a two-week grace was granted the authorities concerned to enable them to put their house in order to meet their demands.
The union said that the strike was put on hold to allow relevant stakeholders engage necessary authorities.
It is to ensure that the Accountant General of the Federation released the statutory allocations to the Judiciary based on the 2025 Appropriation in which the arrears of the Wage Award, minimum wage, and the 25 per cent and 35 per cent salary increase have been captured. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Judiciary workers threaten strike from June 2
Judiciary

Judiciary workers threaten strike from June 2

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By Joan Nwagwu

The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.

Mr Mustapha Laminu, National Vice President, North Central, said this in a statement signed and issued in Abuja.

Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one-month wage award recently paid by government.

According to him, this action is to protest against the non-payment of five months arrears of wage award, non-implementation of N70.000 national minimum wage and the non-implementation of the 25/35 per cent salary increase.

“The union had written severally to the management on the need to see reasons through 21-day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.

“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.

“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.

“We will continue this action until and unless the government pay us this money,” he said.

Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.

He, therefore, called on all chapter chairmen to ensure compliance to the directive.(NAN)(www.nannews.ng)

Edited by Maureen Atuonwu

Appeal Court affirms Okpebholo’s election victory as Ighodalo heads to Supreme Court
Judiciary

Appeal Court affirms Okpebholo’s election victory as Ighodalo heads to Supreme Court

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By Taiye Agbaje/Edith Nwapi
The Court of Appeal in Abuja on Thursday, affirmed the election of Monday Okpebholo of the All Progressives Congress (APC) as the Governor of Edo and winner of the election held on September 21, 2024.
A three-member panel of the court, in a unanimous judgment, held that the appeal by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, was unmeritorious.
Justice Olabode-Abimbola Adegbehingbe, who delivered the lead judgment, held that the appellants failed to show that the election tribunal erred in its decision and proceeded to affirm the judgment of the tribunal delivered on April 2.
Justice Adegbehingbe also held that the tribunal was right to hold that the petitioners did not prove their allegations of non-compliance and over voting.
The judge equally held that the evidence of 19 witnesses, called by the appellants at the tribunal, were insufficient to prove the allegations, adding that they failed to call relevant witnesses from the polling units complained about.
“The case of the petitioners (appellants) was inadequately presented by calling only 19 witnesses, most of whom did not witness what happened at the polling units,” he said.
Justice Adegbehingbe noted that 14 out of the 19 witnesses called by the respondents at the tribunal, gave evidence about what they did not witness, having not been present at the polling units when the election was held.
He added that it was impossible for the appellants to prove over voting when they failed to tender voters register.
In partly allowing the cross appeal filed by Okpebholo, Justice Adegbehingbe set aside the decision by the tribunal, admitting the 133 Bi-modal Voter Accreditation System (BVAS) machines tendered by the appellants in their bid to prove over voting.
The judge said the BVAS machines were wrongly admitted having been tendered from the bar by the appellants’ legal team.
He further held that the tribunal was in grave error when it admitted the BVAS machines that were tendered from the bar in the absence of a prior consent of parties.
The judge said: “The condition precedent to the admission of exhibits from the bar, which is concession, was absent.
“The 133 BVAS machines were wrongly admitted in the manner adopted by the tribunal.”
The judge added that the admission of the BVAS machines was a miscarriage of justice.
He proceeded to set it aside and expunged the BVAS from the record of the tribunal.
Justice Adegbehingbe also struck down some part of the petition filed before the tribunal by Ighodalo and the PDP for being defective.
Meanwhile, Ighodalo and the PDP have vowed to challenge the decision of the Court of Appeal at the Supreme Court.
A chieftain of the PDP, who was in court, said their legal team had been instructed to immediately lodge an appeal before the apex court (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Police: Ex-NBA president seeks higher entry requirements
Judiciary

Police: Ex-NBA president seeks higher entry requirements

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By Ebere Agozie

A Former President of the Nigerian Bar Association (NBA), JB Daudu (SAN), has advocated for a higher minimum entry requirement for the Nigerian Police Force, suggesting a university degree or its equivalent.

Daudu, who is the Coordinator of the Rule of Law Development Foundation, made the call at the 13th Webinar series organised by the foundation on Tuesday in Abuja.

The News Agency of Nigeria (NAN) reports that the webinar had the theme `Overview and Mid-Term Report of The Administration of President Bola Ahmed Tinubu (May 2023-May 2025)’.

He suggested that a more educated workforce would be better equipped to handle the challenges of policing as well as improve performance and effectiveness

“This  will ensure that all entry level officers receive a mandatory course in the recognition and enforcement of fundamental human rights that have been enshrined in the Nigerian Constitution.

“It will also ensure that they receive sufficient training in the handling of firearms to curb the wave of accidental discharge and all other cases of abuse of firearms that our citizens now suffer from.

“As far as many Nigerians are concerned, the police force is not only moribund, but a large percentage of its personnel are branded as corrupt.

“Most Nigerians don’t report crimes in which they are victims because of the fear that they may, in the course of pursuing their rights, be branded as the criminals, or be exploited for financial gain.’’

He called for improvement in their remuneration package, the provision of institutional support such as insurance cover, mandatory housing programme, promotions as and when due, affordable health services, and educational support.

The Learned Silk stressed the need to rewrite the disciplinary protocols of all security agencies and ensure that these rules are subjected to ordinary laws of the land through trials in the criminal courts.

“Offences by errant policemen amounting not only to civil disciplinary issues but are also criminal in nature, must attract punishments that fit the offence.

“Such offences as reckless misuse of firearms and police power leading to death or serious bodily harm of, and on, innocent victims must be appropriately punished rather than a mere slap on the wrist”.

He added that serious and immediate thought must be given to the decentralisation of the Nigeria Police Force.

“20 years ago, I championed the advocacy of an autonomous and independent state police completely severed from the umbilical cord of the federal police that is the Nigeria Police Force.

“I cannot in good conscience state today that I can still support the creation of a blanket State Police left in the hands of the Governor of a State.

“The reason for this shift in position is that the political maturity, and I say this with the utmost respect and humility, of our new set of leaders at the state level is not such as was in existence 25 years ago’’.

He noted that creating state police at this point in time is to encourage flashpoints in different parts of the country some of which may escalate into ‘civil wars’.

“I shudder to think of what would have happened if certain states which were recently plunged into political crisis had recourse to their police units during the political crisis that recently plagued their states.

“For now and until the political actors improve in their political maturity, the alternative would be and should be ‘community police’.

“I propose most respectfully a measure where every ward in a local government would have an office of the community police that will monitor and ensure the reportage of all crimes.

“This should include the movement of all suspicious characters who may likely pose a threat to the peace and harmony of the community.”

He added that where the threat is beyond the capability of the community, and escalates to the remaining wards and the Local government Headquarters, the State Police Command should step in.

“This means therefore that the local government councils must be made to be the centre point of the maintenance of law and order and the promotion of security in Nigeria.

“Note that there is still the corruption factor and strict or severe punishment must be meted on local community police officers who corruptly abuse their power.”(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Alleged conspiracy, forgery: Baptist Church pastor asks court to quash charges
Judiciary

Alleged conspiracy, forgery: Baptist Church pastor asks court to quash charges

293 total views today

By Jacinta Nwachukwu/Uche Bibilari

A Senior Advocate of Nigeria (SAN), Chief Adeniyi Akintola, on Tuesday prayed an FCT High Court sitting in Gwagwalada, Abuja, to quash the charges preferred against a former Resident Pastor of First Baptist Church, Garki, Abuja, Rev. Israel Akanji, for lack of evidence.

The News Agency of Nigeria (NAN) reports that Akanji and five others are standing trial on alleged conspiracy, forgery and misappropriation of the church funds.

The defendants were said to have conspired in 2021 to commit a felony, thus violating Section 97 of the Penal Code.

The prosecution also claimed that between 2012 and 2021, the defendants forged an amended version of the church’s constitution, falsely attributing it to the then legal adviser and secretary of the Board of Trustees of the church, the late Akin Aina.

The prosecution further alleged that the defendant and five others misappropriated N620 million belonging to the church and that they had a case to answer, thus praying the court to grant them time to conclude the investigation.

The offences, according to the prosecution, contravene the provisions of Sections 362, 364 308, 309, 311, and 312 of the Penal Code.

At the resumed hearing of the case on Tuesday, Akintola filed a motion seeking the court to quash the five-count charge preferred against the defendants.

Veronica Bisan, holding brief for the prosecution counsel, Wisdom Madaki, requested for more time to conclude on their investigations after previous adjournments.

Akintola, however, countered the motion, maintaining that the matter had been adjourned twice without any substantial evidence against the defendants.

“The defendants have not been arraigned and the prosecution has not even responded to all the applications before the court.

“All they have to say is they are waiting for advice from the Federal Ministry of Justice.

“If they knew they have not completed their investigation, then why bringing the defendants to court to nail them? Why are the charges put on their neck when they have not committed any crime?

“In a church of about 5,000 members, nobody is complaining except one person (the complainant) who has vowed to embarrass the church. We have filed a motion praying the court to quash the charges against the defendants.

“This in spite of the church repeatedly informing the police through several correspondences that none of its property or money is missing,” he said.

Justice J.A. Aina, however, adjourned the matter until June 2 for ruling on the application to quash the charges. (NAN)(www.nannews.ng)

Edited by ‘Wale Sadeeq

BVN database dispute: Court delivers judgment in NIBSS’ suit against CBN, others
Judiciary

BVN database dispute: Court delivers judgment in NIBSS’ suit against CBN, others

381 total views today
By Taiye Agbaje
The Federal High Court in Abuja on Monday, fixed July 4 for judgment in the suit filed by the Nigeria Inter-Bank Settlement System (NIBSS’) Plc against the Central Bank of Nigeria (CBN) and others.
NIBSS, in the suit, is seeking an order to prevent any institution from challenging its statutory authority to maintain and manage the Bank Verification Number (BVN) database in Nigeria.
Justice James Omotosho fixed the date after lawyer to NIBSS, Babatunde Ige, and CBN’s counsel, Kofo Abdulsalam-Alada, adopted their processes and presented their arguments for and against the suit.
The News Agency of Nigeria (NAN) reports that NIBSS, through its lawyer, Ademolai Esan, SAN, had sued the Incorporated Trustees of Digital Rights Lawyers Initiative (ITDRLI), the CBN and the Attorney-General of the Federation (AGF) as 1st to 3rd defendants respectively.
NIBSS seeks a declaration that it is statutorily empowered to maintain and manage the BVN database.
It said this is pursuant to the Central Bank Act 2007, the Banks and Other Financial Institutions Act 2020, and the Revised Regulatory Framework for the Bank Verification Number (BVN) Operations and Watchlist for the Nigerian Banking Industry 2021.
“Pursuant to the provisions of the framework, NIBSS, as a designated participant in BVN operations, is statutorily authorised to manage and maintain the BVN database and ensure its seamless operation, among other functions,” it added.
It, therefore, accused ITDRLI (1st defendant) of filing multiple suits, either directly or through proxies, challenging its authority to manage the BVN database and alleging that such management violates constitutional privacy rights.
However, ITDRLI denied the allegations in it court processes, asking the court to dismiss the suit.
NAN reports that Justice Omotosho had, on May 19, dismissed a motion for joinder filed by the Incorporated Trustees of Data Privacy Lawyers Association (DPLAN), describing it as “unmeritorious.”
When the matter was called on Monday, no lawyer appeared for ITDRLI and AGF, despite being served with hearing notices.
NIBSS counsel, Ige, in his argument, prayed the court to give judgment in favour of his client.
The CBN lead counsel, Abdulsalam-Alada, however, drew the court’s attention to his counter affidavit filed on Feb. 11.
In the application, the lawyer urged the court to hold that NIBSS’ management of the BVN database is statutorily authorised, constitutionally justified and essential for maintaining the stability and security of Nigeria’s financial system.
“The initiative does not infringe on the constitutional right to privacy but rather serves as a necessary tool for safeguarding public interest and enhancing financial security,” he said.
He said the power of the apex financial system regulator to issue directives on BVN development was derived from the provisions of the CBN Act of 2007 and the Banks and Other Financial Institutions Act of 2020.
Abdulsalam-Alada submitted that the CBN had the power under Section 47(2) of the CBN Act to develop payment and settlement systems in Nigeria.
“Pursuant to this, NIBSS was established alongside all the other banks in Nigeria,” he stated.
He further said that the CBN Act empowers the apex bank to promote a sound financial system in Nigeria.
“We urge your Lordship to note that the introduction of the BVN in Nigeria is for the promotion of a sound financial system.
“The security of the deposits of the average Nigerians or even non-Nigerians who bank with banks in Nigeria is very key,” he added.
The lawyer, therefore, urged the court to consider the importance of the BVN framework and its operationalisation by NIBSS in holding that the plaintiff had the power to maintain the BVN database in Nigeria.
After hearing from the lawyers, Justice Omotosho adjourned the matter until July 4 for judgment.
NAN reports that a BVN is a unique number that allows individual accounts to be verified across the Nigerian banking industry.
Besides, it is issued to every bank customer at enrolment and is linked to all of the customer’s bank accounts in the country. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Eviction of tenant must follow due process – Lawyers
Judiciary

Eviction of tenant must follow due process – Lawyers

308 total views today

Sandra Umeh

Some Lagos-based lawyers on Monday described as unlawful, the eviction of tenants by landlords without requisite notices.

The lawyers told the News Agency of Nigeria (NAN) that ejecting a tenant for inability to pay rent must be executed by lawful processes.

The lawyers were reacting to complaints by some Lagos residents who claimed that landlords often evicted tenants anyhow from their property.

A rights campaigner and lawyer, Mr Spurgeon Ataene, told NAN that no landlord, no matter how influential, should forcefully eject a tenant.

He said that there were laws regulating landlord and tenant relationship, such as the tenancy laws of various states, urging that the provisions must be strictly followed.

“A discussion on tenancy cannot be divorced from the tenancy laws of the different states of the country.

“In Lagos, the tenancy law of Lagos State, 2011 revised in 2023 and 2024 comes handy.

“No one, no matter how highly placed, can evict a tenant except through lawful means,” he said.

According to him, such tenancies can be determined by the issuance of six months’ notice to quit, for a yearly tenant, and three months’ notice for a quarterly tenant or half yearly tenant.

“Again, you issue one month notice to quit for a monthly tenant,” he said.

Ataene said ejecting a tenant without due process would infringe on the fundamental rights of the tenant and could be challenged in court.

A member of the African Women Lawyers Association, Mrs Vivian Uwakhonye, said that it was gross violation of the law for a landlord to forcefully evict a tenant.

“A landlord, who forcefully ejects a tenant by either removing his roof or by any other forceful means, commits an offence under the law and can be liable to three years imprisonment or a fine of N250,000.

“Where the rent of a tenant has expired, the most appropriate action to take is to consult a legal practitioner who will issue the requisite notices to quit,” she said.

According to Uwakhonye, at the expiration of the notice, another seven days’ notice of the landlord’s intention to proceed to court to recover possession, is issued to the tenant.

She said that after expiration of all notices, the matter would be filed in court and hearing notices issued by the bailiff.

“Where the tenant does not show up in court, then, the court can proceed to hear the landlord and enter judgment,” she said.

On her part, Mrs Elizabeth Chiozor, another Lagos-based lawyer, said that even in circumstances where the court would have given judgment in favour of the landlord, it would not give him the right to evict the tenant.

“Even if the court gives judgment in favour of the landlord, it will still be illegal for him to personally throw out the tenant’s property.

“It is the duty of the court’s Sheriff to execute the judgment of the court and not the landlord,” she said.

According to her, tenants and landlords, like all other Nigerians, are subject to the laws of the land. (NAN)(www.nannews.ng)

Edited by Esenvosa Izah/Ijeoma Popoola

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