By Chimezie Anaso

The Police on Monday arraigned a 35-year-old man, Chukwuebuka Ike, before a Chief Magistrates’ Court, sitting in Amawbia, Akwa, for alleged burglary and stealing.

The defendant, whose house address was not provided, is being charged with burglary and stealing.

The prosecutor, Mr Hojo Ubanna, alleged that the defendant committed the offences on April 21, within the premises of the Federal Government-owned News Agency of Nigeria (NAN), Akwa.

Ubanna told the court that the  defendant allegedly broke into the office of NAN to steal alluminium profile valued at N200,000, but was arrested before he could escape.

The prosecutor said that the offences contravened Section 380(b) of the Criminal Code Cap 36 Vol. II Revise Laws of Anambra State of Nigeria 1991, as amended.

The defendant, however, pleaded not guilty to the charges.

The Magistrate, Mr Mike Anyadiegwu, granted the defendant bail in the sum of N200,000 with a reliable surety, who must be his relation and who must reside within the Magisterial District.

Anyadiegwu further ruled that the surety must deposit two recent passports and provide evidence of tax clearance to the Anambra Government as part of the bail conditions.

He, thereafter, adjourned the case to May 13. (NAN)(www.nannews.ng)

Edited by Ephraims Sheyin

By Ebere Agozie

A Senior Advocate of Nigeria (SAN) Mohammed Ndarani has called on the National Assembly to draft a new constitution instead of panel-beating the 1999 constitution made by the military regime.

Ndarani said this in an interview with the News Agency of Nigeria (NAN) while reacting to his submission of a memorandum on the review of the 1999 Constitution to the House of Representatives on Saturday in Abuja.

He said the National Assembly has the power to draft an entirely new constitution, urging it to invoke its power to make a people’s constitution for Nigeria.

“Developments in this country today justify the complete overhaul and comprehensive amendment to our 1999 constitution, which was only made as an annexure to a Military Decree.

“We have attempted to beat into shape and modify it through a myriad of amendments, but these efforts have still left much to be desired as they have not yielded the desired dividends.”

The SAN said they submitted the memorandum as an affirmation of their absolute faith and confidence in the National Assembly.

“We believe that they will, without bias, collate and harmonise our views and other public views in this regard to produce a formidable document that will effectively, and truly reflect the historical, cultural, and traditional values of all Nigerians.”

He said that in their submission, they proposed a constitutional amendment that would reintroduce the Parliamentary form of government.

“We contend that the present Presidential form of government has outlived its usefulness.

“Western liberal democracy has not worked for Africa and the historical and traditional antecedents in Nigeria favour parliamentary governance.”

He disclosed that they also proposed the adoption of the six geopolitical zones to act in the capacity of regional governments.

He said they also recommendeded the independence and autonomy of the Local Government in tandem with the parliamentary system of government being proposed.

“We support and recommend the formation of State Police in all the states of the federation, which we consider long overdue.

“We recommended a comprehensive and all-embracing reform of the judiciary to make it capable of standing, performing optimally under the Parliamentary system of governance’’.

Ndarani said that they also recommended Electoral Reforms to strengthen INEC to deliver transparent, credible, free and fair elections.

“There is an overwhelming need to re-strategise, overhaul and amend or enact a new electoral act and regulations to make the process responsive to the will, yearnings and aspirations of Nigerians.

“We have submitted our own recommendations hoping that the new constitution, or such amendments, would make provision for a referendum as a condition for the passage of any law or amendments being anticipated thenceforth.

“This, in our opinion, is what will give the said constitution or act the touch of the people and imbue it with the much-needed legitimacy and bring the laws closer to the people and the people closer to the law and the lawmakers.’’(NAN)
EPA/IS
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Edited by Ismail Abdulaziz

‘s Mediiye agbaje

By Taiye Agbaje

A Federal High Court, Abuja, on Thursday, fixed May 9 for hearing in a N1 billion suit filed by Dr Olu Agunloye, former Minister of Power and Steel under ex-President Olusegun Obasanjo, against the Economic and Financial Crimes Commission (EFCC).

Justice Emeka Nwite fixed the date after EFCC’s lawyer, Abba Mohammed, sought an adjournment to enable him regularise his processes before the court.

When the matter was called for report of service, the Attorney-General of the Federation (AGF), who is the 2nd defendant in the suit, was not represented in court.

Justice Nwite then asked Agunloye’s counsel, Adeola Adedipe, SAN, if the AGF had been served and he responded in affirmative.

The senior lawyer told the court that though the EFCC filed a motion to regularise their processes, he was not opposing the application.

Mohammed, however, applied that the court file be given to him to verify if their processes were in the court record but Adedipe objected to the request.

“I object to that my lord. I have never seen such practice before where a court file is shown to a party,” he said.

Adedipe further argued that since the matter was ripe for hearing, he sought the leave of court to proceed on the matter if the anti-graft agency’s lawyer had no defence.

But Mohammed prayed the court for an adjournment to enable him put their house in order, even as the AGF was not represented in court.

The judge, who adjourned the matter until May 9 for hearing, directed that the hearing notice be served on the 2nd defendant.

The News Agency of Nigeria (NAN) had, on March 1, reported that the ex-minister had filed the suit against EFCC over allegations that the commission published his name on its website’s wanted list.

Agunloye, in the suit marked: FHC/ABJ/CS/167/2024 and filed by his team of lawyers led by Adedipe, also joined the AGF as 2nd defendant.

In the originating summons, dated and filed Feb. 8, the ex-minister sought six reliefs, including a declaration that the EFCC cannot lawfully exercise its discretion, powers and or functions under Sections 1(2\(c\, 6, 7, 13 of the EFCC Act, 2004, ditto Section 4 of the Police Act 2020, by declaring him wanted on its official website or any other related platform.

Agunloye said this was without recourse to any safeguard in Sections 34({1)(a), 35, 37, 39, 41 and 42 of the 1999 Constitution (as amended), including a judicial intervention, order or leave of court pursuant to Sections 1(1), 8(1) & 42(2) of the Administration of Criminal Justice Act (ACJA), 2015.

He, therefore, sought an order for the EFCC, its agents, privies, representatives and other related affiliates to forthwith remove his picture, name, references, details and or particulars from the wanted list published on its official website or any other related platform.

He also sought a perpetual injunction restraining the EFCC and the AGF, “both jointly or severally, whether by themselves or their staff, from further declaring the plaintiff wanted.

“General damages of one billion baira (N1, 000, 000, 000 00) against the defendants, especially the 1st defendant

“Cost of this action.”(NAN)(www.nannews.ng)

TOA/SH

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edited by Sadiya Hamza

By Aminu Garko

A Federal High Court in Kano, has halted the suspension of National Chairman of the All Progressives Congress (APC), Abdullahi Umar Ganduje by his ward.

The order came on Wednesday after the the APC chieftain filed an ex parte motion seeking to enforce his fundamental right to fair hearing.

The Police, Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), and nine other individuals are the respondents in the application.

The News Agency of Nigeria (NAN) recalls that on April 16, APC executives in Dawakin ward, Tofa Local Government Area in Kano State suspended Ganduje over alleged corruption.

In a counter move, the State Working Committee of the APC in Kano State nullified the suspension and punished the ward executives.

However, Usman Na’Abba, a Kano High Court judge upheld Ganduje’s suspension.

In the ex parte order delivered on Wednesday by the Federal High Court and made available to newsmen on Thursday Justice Mohammed Liman halted the implementation of the suspension until the case is heard and determined.

“All the respondents, their servants, agents or privies are hereby restrained from implementing and/or giving effect to the purported decision reached during the purported emergency meeting of the alleged executive members of APC Ganduje Ward, held at Ganduje Ward of Dawakin Tofa LGA.

“That all the parties are hereby mandated to maintain status quo before the purported emergency meeting of the alleged executive members of APC Ganduje Ward.

“They are to stay action in respect of this matter pending the hearing and determination of the substantive application,” Liman said.

The judge subsequently fixed April 30 to hear Ganduje’s appeal. (NAN) (www.nannews.ng)

Edited by Uche Anunne

By Aminu Garko

A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.

Justice Usman Malam Na’abba, made the order on Wednesday following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.

The plaintiffs are the party’s Assistant Secretary, Laminu Sani and its Legal Adviser, Haladu Gwanjo.

The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.

The respondents in the case included APC as a party, APC National Working Committee (NWC), APC Kano State Working Committee (KSWC) and Dr Abdullahi Umar Ganduje.

Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.

The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).

The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.

Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two third majority of the executives as provided by the party constitution.

“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr Abdullah Ganduje (4th), to maintain status quo ante belum as of April 15, 2024.

“The order thereby restraining the 1st respondent (APC) from recognising the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.

“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.

It will be recalled that nine members of the Ganduje ward, proclaimed the suspension of the national chairman of APC over the allegation of corruption slammed on him by the Kano state government.

The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.

In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.

Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executive led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)(www.nannews.ng)

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Edited by Kevin Okunzuwa/Vincent Obi

By Taiye Agbaje

A Federal High Court, Abuja, on Tuesday, transferred a fundamental rights enforcement suit filed against Catholic Archbishop of Lagos, Most Rev. Alfred Adewale Martins, and others to Lagos division of the court for adjudication.

Justice Inyang Ekwo, in a judgment, held that it was in the interest of justice to transfer the matter since majority of the parties reside in Lagos.

“I find that apart from the 4th defendant whose residence this court can take judicial notice as being in Abuja, the applicant, by the averments in the affidavit in support of this case, is in Enugu; the 1st respondent resides in Lagos, the 2nd respondent resides in Lagos, the 3rd respondent by the averments in his counter-affidavit, resides in Lagos, and the 5th respondent resides in Lagos.

“With this evidence, I am of the opinion that this matter ought to have been filed in the Lagos Division of this court.

“The expenditure imposed on the 1st, 2nd, 3rd and 5th respondents to defend this case in Abuja is not such that ought to be ignored.

“Furthermore, as much as this suit is by affidavit evidence, the court must avoid a situation where in the consideration of the said affidavit evidence, it finds the need to invite parties to give oral evidence to resolve any area of conflict thereof.

“Parties must be within the relevant territorial jurisdiction to avoid miscarriage of justice being occasioned on any of them.

“It is in the interest of justice that this matter, even though commenced in this division, be heard in Lagos division.

“I therefore make an order pursuant to the provision of Section 22 (1) of the Federal High Court transferring this case to Lagos division of this court forthwith for adjudication.

“This is the order of this court,” the judge declared.

The News Agency of Nigeria (NAN) reports that the applicant, Rev. Fr. Peter Ronald Scott, through his lawyer, Chibuzor Obiajunwa, had filed the suit to seek the protection of court against alleged threat of arrest and detention by the police.

In the originating motion on notice marked: FHC/ABJ/CS/473/2022 and filed on April 8, 2022, Scott sued Most Rev. Martins, Rev. Fr. David Kipkrono, Mr Athoney Onwudiwe Ebo, Inspector-General (I-G) of Police, and Commissioner of Police, Lagos State, as 1st to 5th respondents respectively.

He sought a declaration that Martins, Kipkrono and Ebo (1st to 3rd respondents) are not entitled to use I-G or the police commissioner (4th or 5th respondent) “to arrest or detain him in the guise of a police investigation over the decision of Mr Ebo Lawrence Chimaobi (3rd respondent’s son) to pursue his vocation abroad and all circumstances connected thereto.

“An order of the court perpetually restraining the 1st to 3rd respondents from using the 4th and/or the 5th respondents, their agents, privies, associates, agents or any member of his congregation in the guise of a police investigation over the decision of Mr Ebo Lawrence Chimaobi to pursue his vocation abroad and all circumstances connected thereto. ”

Scott, in his affidavit, averred that he was duly authorised to reside in Nigeria and presently in charge of the Nigerian Priory of a Catholic Congregation known as the Society of Saint Pius X (SSPX), and was duly registered as an incorporated trusteeship.

According to him, SSPX was founded in 1970 by Archbishop Marcel Francois Marie Joseph Lefebvre and against the wishes of the mainstream Catholic Church in 1988, and he consecrated four bishops to continue his work.

“This resulted in his excommunication as well as the society from the mainstream Catholic Church, till date,” he said.

Scott, therefore, alleged that Kipkrono, the parish priest of Saint Matthew Catholic Church, Amukoko, Lagos, and Lawrence’s father had accused him of kidnapping Lawrence, a 23-year old son, who completed his Electrical and Electronic Engineering degree from the Federal University of Technology, Owerri, in 2020, and proceeded to carry out his National Service programme at the SSPX’s present headquarters in Nigeria.

He alleged that they had threatened to get him arrested because Lawrence had deeply desired to become an SSPX priest and in January 2022, he was accepted into the society’s seminary and also obtained a religious visa to Argentina.

But in a counter affidavit deposed to by Mr Ebo, who is Lawrence’s father, the 1st to 3rd respondents disagreed with Scott.

Ebo alleged that Lawrence was indoctrinated into Scott’s church during his first year in the university between the age of 15 and 16.

He averred that upon completion of his degree programme, Lawrence was posted to Abuja for his National Youth Service but was advised and threatened by Scott to work his posting to Enugu State so as to continue the teachings and indoctrination into Scott’s church.

Ebo said though he tried to get his son to work with a specialised company, he said Scott successfully convinced him (Lawrence) to work with the church.(NAN)

Edited by Sadiya Hamza