By Taiye Agbaje

A Federal High Court in Abuja has asked the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court for his trial.

Justice Emeka Nwite, in a ruling, held that even if an arrest warrant issued against him was illegally obtained, the defendant (Bello) should still show up in court.

The judge had, on April 23, fixed May 10 for the ruling on the ex-governor’s application to set aside the arrest warrant against him.

The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.

But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against their client

He said that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.

He argued that the arrest warrant order, having been made before the charge, ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained as a criminal case.

He said that the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.

He noted that the complainant made an application for substituted service on April 18, after the arrest warrant had been issued on April  17 and “today, my noble lord granted it.”

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

He, therefore, asked the judge to vacate the arrest warrant against the former governor.

But Pinheiro vehemently opposed the application.

The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

Delivering the ruling on Friday, the judge agreed with the argument of the EFCC.

He said that the order of the court subsisted until it is set aside, even if there is irregularity.

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.

“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court.

“Bello should come to court on his own, not through EFCC for arraignment on the next adjourn date,” the judge declared.

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9.

He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to the same matter.

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

He said the appellate court had already fixed May 20 to hear the case.

He said it would be important the Federal High Court, Abuja awaits the outcome before going further with the trial.

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

In a short ruling, Justice Nwite refused Mohammed’s application.

The judge said that the matter had generated controversy all over the world and was unnecessary.

Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said.

He assured that efforts would be made to contact the former governor to appear in court at the next adjourned date.

Justice Nwite consequently adjourned the matter until June 13 for arraignment.(NAN)

Edited by Kayode Olaitan

By Ebere Agozie

Mr Afam Okeke, the Chairman of the Nigerian Bar Association (NBA), Abuja Branch says deployment of laws will ensure national stability and development.

Okeke made this known at a news conference to announce the start of the branch’s 2024 Law Week with theme: ‘Deploying the Law to Attain National Stability and Development’.

“As lawyers, we have a firm belief that once the law is properly deployed, we will have national stability and development as law is key to the development of any country.

“Because of the challenges our country is facing now, we are now suggesting to the political actors and leaders that there is the need to deploy the law to solve the issues bedeviling the country, ranging from the economy and insecurity to other challenges.

“ We don’t have shortage of laws, we have sufficient laws to solve our problems but the challenge is in doing the right things’’.

He said the seven day programme for the Law Week would include four sessions of discussion of different topics, one of which is ‘The Role of the Judiciary in Upholding Democratic Values and Principles in Nigeria’.

“Looking at the legality of constituency project issues recently raised at the National Assembly, we thought it wise to bring eminent legal practitioners and other knowledgeable Nigerians to discuss the legality or otherwise of constituency projects.

“We have to look into the law and constitution to know if we are doing the right thing’’.

Okeke added that insecurity, which is one of the challenge facing the country will be discussed under the topic: `Using Technology and Other Non-Kinetic Means to Solve Insecurity Challenges in Nigeria’.

He believed that at the end of the session, participants should be able to get an insight on how to contribute towards tackling the insecurity challenges in the country.

He added that the branch would visit an orphanage and also some of their members who are facing one challenge or another to encourage them and give them a sense of belonging. (NAN)

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Edited by Sadiya Hamza

By Taiye Agbaje

A Magistrate Court sitting in Wuse Zone 2, Abuja, on Friday, ordered the Federal Capital Territory Internal Revenue Service (FCT-IRS) to seal off a company, Ifedi A.K. Nigeria Ltd, over allegations bordering on non-filing of annual returns.

The Magistrate, Janada Balami, gave the order after lawyer to FCT-IRS, Michael Towolawi, moved the application to the effect.

Towolawi told the court that the company had failed to file its annual returns from 2019 to 2023 in breach of Section 81 of the Personal Income Tax Act, LFN, 2004, and amended in 2011.

He said all efforts to make the company comply with the law proved abortive.

The lawyer, therefore, applied that the company be compel to appear before the court to explain why it acted in breach of the law.

Balami, who held that the application by the agency against the company had merit, accordingly granted same to seal the No 6, Rudolph Close, Off Katsina-Ala Street, Maitama, Abuja.

She, consequently, ordered the company, the sole defendant in the matter, to appear before the court on May 16.

The Director, Legal Services of the FCT-IRS, Festus Tsavar, told journalists after the proceeding that the service would move against companies that do not file their annual returns as provided by law.

“You know that we have a new minister in FCT that is doing a lot of projects and that hinges on money.

“And of course, you are aware that FCT has come out of TSA.

“So it is the internally generated revenue that will make the government of FCT to be able to do those projects completely within required time,” he said.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje

An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong on Wednesday, said he would appeal a judgment of the Court of Appeal, which dismissed his case against the Federal Government on alleged prevalence of extra-judicial killings in the country.

The Appeal Court sitting in Abuja had upheld a lower court’s judgment that dismissed his suit seeking to address the increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors.

But Ekpenyong of the law firm of Fred-Young & Evans LP, in a chat with newsmen, said he would seek redress at the Supreme Court.

The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Mr Ekpenyong, lacked requisite locus standi (legal right) to file the appeal.

The appellate court held that the surviving paragraphs of the lawyer’s originating summons fails to disclose a reasonable cause of action as to vest him with the requisite locus standi.

“While the courts have a duty to ensure that genuinely aggrieved citizens are not shut out, this does not entail entertaining hypothetical and academic issues as contained in the appellant’s originating summons.

“The power conferred on the courts by Section 6(6) of the constitution must be deployed to resolving real disputes and attending to genuine grievances.

“It does not extend to the consideration of academic and hypothetical questions and issues,” Justice Oyewole, in the lead judgment, said.

On whether the cost of N100,000 awarded against the appellant by the lower court was excessive and meant to punish him for daring to apply to the court for interpretation of the extent of his fundamental right, the appellate court resolved the two issues against Ekpenyong.

Justice Oyewole held that costs are awarded at the discretion of the court which discretion must be exercised judicially and judiciously.

According to him, where the exercise of discretion was lawfully made, an appellate court cannot interfere.

He agreed with the respondents that the award of cost by the lower court was not punitive, arbitrary or in any manner unlawful.

“Costs follow events and a public interest action found to be fabulous cannot escape the payment of costs simply on account of being a public interest action.

“I therefore see no basis to interfere with the award of costs made in this instance and I also resolve this issue in favour of the respondents and against the appellant.

“In totality, this appeal lacks merit and it is accordingly dismissed.

“Cost of N250,000.00 is awarded in favour of the respondents and against the appellant,” Justice Oyewole declared.

Although the judgement was delivered on March 27, 2024, its certified true copy was made available to newsmen on Wednesday in Abuja.

Other members of the panel include Justices Abba Mohammed and Peter Obiorah.

It would be recalled that Ekpenyong, a Nigerian citizen and legal practitioner, had appealed against a judgment delivered on May 6, 2022, by Justice Nkeonye Maha of a Federal High Court, Abuja.

In the appeal number: CA/ABJ/1200/2022, the lawyer listed the President, Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd respondents.

The appellant prayed the Appeal Court to allow the appeal and set aside the whole judgement.

Justice Maha, who earlier dismissed the suit, held that Ekpenyong failed to present sufficient facts in proof of the case.

She, therefore, dismissed it for lack of reasonable cause of action against the defendants (President and AGF) and awarded a cost of N100, 000.00 against the plaintiff.

In the suit, Ekpenyong alleged that the wanton loss of human lives in Nigeria in recent times has put him as a “person” described under Section 33 (1) of the Nigerian Constitution in reasonable apprehension that his right to life under Section 33 (1), Chapter IV of the Nigerian Constitution is likely to be contravened.

In the originating summons marked: FHC/ABJ/CS/755/2020 dated and filed July 10, 2020, the plaintiff submitted six questions for determination.

Ekpenyong urged the court to determine whether his right to life enshrined in Section 33 (1) of Nigerian Constitution “means the protection of the plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?

“Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution prohibits any unlawful acts of omission or commission by the Nigerian state, Nigerian police, other law enforcement agents and private individuals which are capable of terminating the plaintiff’s life?

He then sought an order of mandatory Injunction compelling the defendants to take immediate steps to overhaul and reform the Nigerian police and other law enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.

He said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a court of competent jurisdiction, among other reliefs.(NAN)(wwww.nannews.ng)

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edited by Sadiya Hamza

By Ebere Agozie

A Senior Advocate of Nigeria (SAN), Mohammed Ndarani, says the immunity clause provided for governors and their deputies under Section 308 of the 1999 Constitution is an open invitation to impunity and an expressway to executive criminality.

Ndarai said this in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.

He said that the only remedy would be to expunge it from Nigeria’s jurisprudence.

“It is only then that we can fight and win our war against corruption, practice good democracy and conduct free and fair elections.

“This is why we submit that because section 308 of the 1999 constitution has outlived its usefulness it should be done away with now,’’ he concluded.

He said it presents an open invitation to violation and trampling under foot of the fundamental human rights of Nigerian citizens and leads to self-aggrandisement and unhealthy self-enrichment drives.

“Look at what is going on with the EFCC and its investigations of former governors and the amount of assets being recovered across the board.

“This immunity clause should be removed and completely abolished’’, he said.

The senior lawyer said since the immunity exempts governors and their deputies from criminal and civil liability, it follows that the constitution shields them from the long arms of the law.

“This creates an atmosphere under which they could, and do wreak havoc on the economy, social fabric and political health of the country with wanton indiscretion.

“This is why we contended in our submission on the memorandum for the review of provisions of the 1999 constitution which we see as highly controversial, and contradictory.

“It undermines the corporate existence of the nation as an entity of equal citizens and opens the way for various violations and abuse.

According to him this ought not to be so, and should be curtailed so that it is either completely expunged or struck down, or it is qualified.

“That someone is a sitting governor or a deputy governor does not and ought not to place that person above everybody else,’’ he told NAN.

He said the immunity clause does not rest on any known human ideal of equality, fairness and justice as these governors and deputies continue to enjoy immunity for things done while in office even after they have left office.

“This is where the real danger lies as it simply means that these classes of persons are sacred cows, untouchable.

“I agree with those who argue that this wide latitude of immunity is a temptation for even the most sanctimonious of people given the high level of societal decadence. Nobody should or ought to be made to be above the law.

“Our leaders have shown a propensity to do the wrong things over and over again, but they enjoy doing it with impunity.

“Coincidentally, these our leaders know that they are untouchable, and they promote the bent to always go against the law, disobey court orders and commit electoral offences”, he said.

He alleged that governors and their deputies steal and cart away common resources to their homes while some of them lock them in water and underground septic tanks to our knowledge, while the law seems powerless to proceed against them. (NAN)

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Edited by Uche Anunne

By Sandra Umeh

Justice Ambrose Allagoa of the Federal High Court Lagos, on Wednesday, sentenced two persons, Moses Ifeuwa and Festus Emeka, to two years imprisonment each, for illegal importation of firearms.

The two men were charged alongside a company Great James Oil and Gas Ltd. on eight counts bordering on conspiracy, illegal importation of firearms, forgery and altering of customs import documents.

They were first arraigned in 2018 before Justice Saliu Saidu.
The trial commenced, but along the line, Saidu retired from the bench, and the case was reassigned to Justice Ambrose Allagoa.

Consequently, the two men were arraigned in 2021 before Allagoa on eight counts bordering on illegal importation of firearms.
They pleaded not guilty to the charge.

The prosecution then opened its case and began trial, but the defendants afterwards opted for a plea bargain and consequently pleaded guilty.

The court, thus, convicted them and adjourned the case for sentencing.

On Wednesday, Mrs Aderonke Imana, announced appearance for prosecution, while Mr Israel Ifeanyi appeared for the first defendant.

Mr Yakubu Galadima appeared for the second defendant.

Before their sentencing, counsel to Ifeuwa, informed the court that the two men had been in custody for about three years before their bail.

The counsel prayed the court to take the fact into consideration.

Delivering judgment, the court gave effect to the plea bargain agreement reached between the prosecution and the defence.

The judge held that in such situation, the court would take into consideration the provisions of the Administration of Criminal Justice Act, and should not impose the maximum sentence on the defendants, or impose consecutive sentence.

The judge consequently held: “The defendants are sentenced to two years imprisonment or an option of N1 million fine on each of the counts.

“The sentence shall run concurrently.”

This means that the convicts are to either spend two years in prison or pay the sum of N 1 million on each of the eight counts, making it N8 million.

According to the charge, the defendants were alleged to have conspired among themselves to unlawfully import a total of 1,570 pump action rifles into Nigeria.

They were also alleged to have loaded the said rifles in two 1× 20 feet containers and forged a bill of lading.

The offence contravenes the provisions of Section 1(14)(a), 1(14)(a)(i), 1(2)(c) and 3(6), of the Miscellaneous Offences Act Cap. M17, Law of the Federation 2004. (NAN)(www.nannews.ng)

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Edited by Chinyere Joel-Nwokeoma

By Ebere Agozie

The Minister of Justice, Lateef Fagbemi, has said that the justice sector under his watch would continue to push for mutuality in the formation and implementation of the national policy on justice.

Fagbemi said this at the 2024 National Judicial Summit on Justice Sector on Wednesday in Abuja, with the theme: `Repositioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”.

Giving a brief history on how the national judicial summit was born, Fagbemi said the idea was conceived in 2017 with the aim of providing a veritable platform for analysing, reviewing and accessing issues affecting the Administration of Justice in Nigeria.

“In furtherance of the above, we are developing draft constitution amendment bills which are aimed at achieving the aims of improved access to justice, deepening the independence and capacity of the judiciary, and eliminating delays in the administration of justice, among others.

“Justice Sector Summits were held in 2017 and 2022 and this summit offers us an opportunity to assess the successes recorded and challenges faced since these last summits.

“Specifically, it enables us to measure the impact of the reforms initiated by the National Policy on Justice (2017 – 2023), in the key areas of administration of justice: law enforcement, judicial proceedings, correctional services, restorative and traditional justice, legal education and practice, etc.

“At this summit we will validate and adopt the revised National Policy on Justice, 2024-2028 which is the product of extensive research work and consultations undertaken by critical stakeholders in the Justice Sector.

“Although, the draft policy itself is an ambitious document which aims to serve as a catalyst for the transformation of the entire justice system in Nigeria’’.

According to him, this is an opportunity to have a comprehensive assessment, review and consideration of issues militating against effective administration of justice in Nigeria.

“There will be a well-articulated broad road map of initiatives, actions and responsibilities for addressing and repositioning the justice sector to effectively and efficiently discharge its duties in enhancing national security: upholding the rule of law, promoting the protection of human rights, democratic principles and the socio-economic development of our nation.”

He highlighted some of the key interventions proposed to be pursued in the Revised National Policy on Justice, 2024.

The policy, he said, seeks to promote and protect human rights and access to justice which are essential features of a functional justice system.

According to him, it proposes practical and sustainable interventions in the implementation of statutory provisions encouraging protection of human rights and access to justice.

“It also seeks to improve mechanisms for fair and speedy dispensation of justice; detention and correctional services; restorative justice; alternative dispute resolution (ADR) – developing Nigeria into an arbitration hub on the continent; commerce and economic activities; compliance with treaty obligations; synergy and cooperation across the justice sector; and independence of the judiciary; among others,” he said. (NAN) (www.nannews.ng)

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Edited by Sadiya Hamza

By Ngozi Njoku

A businessman, Robert Makolo, on Monday appeared before an Ikeja Chief Magistrates’ Court, for failing to produce a suspect he stood surety for in a case of defilement.

Makolo had promised to produce the suspect, Paul, who is his brother in court by the adjourned date.

The Magistrate, Mr Lateef Owolabi, adjourned the case until May 30 for mention and to enable the defendant to produce the suspect.

The News Agency of Nigeria (NAN) reports that Makolo had earlier been arraigned on Jan. 22 and stood trial on a two-count charge of conspiracy and perversion of justice.

He had pleaded not guilty.

Owolabi granted the defendant bail in the sum of N200,000 with two sureties in like sum who must produce evidence of 3 years tax payment to the Lagos State Government.

He said that one of the sureties must be a blood relative.

The prosecutor, SP Josephine Ikhayere, had told the court that Makolo stood in as surety on Nov 16, 2023, at the Anthony Police Station.

Ikhayere alleged that Makolo stood as a surety for his brother Paul, who was involved in a case of defilement.

She said that the defendant promised to produce his brother the suspect anytime his presence was required at the police station until the case was finally disposed of.

She said that the defendant undertook to produce the suspect on Nov. 30, 2023, but failed.

The prosecutor said that the offence contravened the provisions of Sections 97 and 411 of the Criminal Law of Lagos.

Edited by Yakubu Uba/Sadiya Hamza