Cloned Nigerian Anchor

Author: Vivian Michael

  • ECOWAS President condemns non enforcement of its court judgments

    ECOWAS President condemns non enforcement of its court judgments

    The ECOWAS Commission President, Omar Touray, has condemned the non enforcement of its judgements among the member statess.

    Touray insisted that the enforcement ofjudgmentss of the Community Court has remained a major issue in the effective delivery of the mandate and responsibility of the judicial institution to the community citizens.

    Speaking at the ECOWAS Judicial Council meeting, in Abuja Tuesday, Touray noted that the supplementary protocol relating to the ECOWAS Community Court provides a role for the national judicial institutions in the enforcement of these judgements.

    “I believe that it is time for deliberate action to be taken to address this challenge.

    “In this era, where instability and insecurity are overwhelming our community, the role of the justice sector is crucial in conflict prevention, through the promotion and defence of the rule of law and human rights.

    He stressed the need to institutionalise a more regular meeting of the Judicial Council to ensure that the activities of the Court benefit from theregulary review and guidance of the Council.

    The ECOWAS Commission President noted that the Community Court has become an exemplary institution, which is being emulated by other regional courts in the continent, adding that the Court has witnessed the transition of judges over the years: the recruitment of Judges of high quality and standards to preside over the affairs of the Court.

    The 2-day ECOWAS judicial council conference on enforcemenot of ECOWAS court judgments was declared open by the Chief Justice of Nigeria, Justice Olukayode Ariwoola.

    The meetin, which started on Tuesday, and had in attendance, the Chief Justices of member countries of ECOWA, is presided over by Justice Ariwoola, the Chairman of the ECOWAS Judicial Council.

    In an opening address, Justice Ariwoola recalled that in June 2006, the Authority of Heads of State and Government of ECOWAS decided to establish a Judicial Council of the Community with the responsibility for recruiting judges for the Community Court and handling disciplinary matters of the judges, including the functioning of the Court.

    Justice Ariwoola said
    the ECOWAS Judicial Council, though not as widely known as some other bodies, plays a crucial role in maintaining the rule of law and justice within ourregionn.

    “The Judicial Council serves as the guardian of the rule of law and the protector of human rights within
    the region, he said.

    In addition, the ECOWAS Judicial Council plays a crucial role in the resolution of disputes among member states, ensuring that conflicts are resolved peacefully and in accordance with the rule of law.

    The objective of this starutory meeting of ECOWas Judicial Council is to review the legal framework of the Community Judicial Council, look deeply on our responsibilitie, and suggest areas for improvement.

    The ECOWAS Judicial Council plays a crucial role in the resolution of disputes among memberstatess, ensuring that conflicts are resolved in peacefully and in accordance with the rule of law.

    “It acts as a mediator and facilitator in resolving disputes, promoting dialogue and reconciliation among member states.

    “By doing so, the Council contributes to the maintenance of peace and stability in the regio,n” Justice Ariwoola stated.

    The ECOWAS Judicial Council Chairman hinted that the objective of the Statutory meeting of ECOWAS Judicial Council is to review the legal framework of the Community Judicial Council, look deeply on our responsibilities and suggest areas for improvement.

    “No doubt, the ECOWAS Judicial Council is an indispensable institution in the West African region.

    “Through its numerous functions, the Council strives to ensure the independence and integrity of the judiciary, protect human rights, interpret regional laws, and resolve disputes among member states.

    “As we move forward, it is crucial to support and strengthen the ECOWAS Judicial Council, as it continues to play vital role in our collective journey towards a more just, peaceful, and integrated West Africa” Justice Ariwoola stated.

  • CJN Ariwoola Declares ECOWAS Judicial Council Conference Open

    CJN Ariwoola Declares ECOWAS Judicial Council Conference Open

    Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola has declared open a 2-day Statutory Meeting of the ECOWAS judicial council conference on enforcement of ECOWAS court judgments.

    The meeting, which started on Tuesday and has in attendance, the Chief Justices of member countries of the ECOWAS, is holding at the conference hall of the National Judicial Council Abuja.

    Justice Ariwoola, the Chairman of the ECOWAS Judicial Council, is presiding over the meeting.

    In an opening address, Justice Ariwoola said the ECOWAS Judicial Council plays a crucial role in the resolution of disputes among member States, ensuring that conflicts are resolved in peacefully and in accordance with the rule of law.

    “It acts as a mediator and facilitator in resolving disputes, promoting dialogue and reconciliation among member states.

    “By doing so, the Council contributes to the maintenance of peace and stability in the region,” Justice Ariwoola stated.

    The ECOWAS Judicial Council Chairman hinted that the objective of the Statutory meeting of ECOWAS Judicial Council is to review the legal framework of the Community Judicial Council, look deeply on our responsibilities and suggest areas for improvement.

    “No doubt, the ECOWAS Judicial Council is an indispensable institution in the West African region.

    “Through its numerous functions, the Council strives to ensure the independence and integrity of the judiciary, protect human rights, interpret regional laws, and resolve disputes among member states.

    “As we move forward, it is crucial to support and strengthen the ECOWAS Judicial Council, as it continues to play vital role in our collective journey towards a more just, peaceful, and integrated West Africa” Justice Ariwoola stated.

  • Court decides ALGON’s authentic Nat’l Chairman, April 30

    Court decides ALGON’s authentic Nat’l Chairman, April 30

    Justice Inyang Ekwo of the Federal High Court Abuja, will on April 30, decide the case seeking a declaration that Akolade David Alabi is not qualified to be national chairman of the Association of Local Government of Nigeria (ALGON).

    Petitioners in the suit are the Incorporated Trustees of the Association of Local Government of Nigeria (ALGON), Honorable Abubakar Abdullahi and Honorable Shaban Oyinoyi Shuabu.

    Specifically, they maintained that Alabi, who was chairman of Bariga Local Council Development Area in Lagos State at the time, cannot be president of the association as Bariga is not among the country’s 774 Local Government Areas.

    The Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank(first to third respondent), the Attorney-General of the Federation, Corporate Affairs Commission (CAC), Inspector General of Police, State Security Services(SSS) and Honorable Alabi Akolade David( fourth to eight respondents) are the Respondents.

    In their originating summons filed by Barrister Bartholomew Opara, they maintained that Alabi is not eligible to be ALGON chairman as he was not a local government chairman as contemplated by the 1999 Constitution, the Constitution of ALGON and a Supreme Court decision which had touched on the disput.

    He argued that Alabi had been removed by ALGON’s National Executive Council in 2019 but he keeps parading himself as chairman.

    Therefore, he prayed urged the court to affirm the removal of Alabi by NEC and perpetually restrain him from further parading as such.

    Responding, Counsel to Alabi, Wahab Shittu, in a counter affidavit and preliminary objection, urged the court to decline jurisdiction on the matter.

    At the resumed hearing on Friday, Okpara, adopted his originating summons and response to the eight defendant’s counter affidavit, asking the court to grant his prayers in the interest of justice.

    But Shittu told the court to strike out the case and dismiss the entire suit for lack of jurisdiction and for being incompetent.

    He added that the entire case rests on the constitution of ALGON and the only person that can be sued is the national president but the person sued is the national chairman.

    The court did not attend to the party seeking to be joined because of the issue of jurisdiction raised by Shittu.

    Part of his reliefs sought read,”
    “A Declaration that all the findings and resolutions of the 1st Claimant’s General Assembly convened on 30th May 2020 remain extant and binding
    on all and sundry; particularly, the resolution affirming its National
    Executive Council’s decision which removed the 8th Defendant
    as 1st Claimants National Chairman on 6th September 20I9; and the inauguration of an Interim Management Committee (IMC)
    mandated to set up an electoral committee for the conduct of a
    substantive Chairmanship election for the 1st Claimant.

    “An Order annulling or setting aside the purported General Assembly convened at the 8th Defendant’s instance on 24th March 2021, including all the activities carried out on the said date, to wit: purported resolutions arrived at, amendment of the ALGON Constitution, election /appointment of the 6th & 8th Defendants, alongside their cronies, to different offices.

    “An Order for the 1st, 2nd, 3rd, 4th, 5th, 6th & 7th Defendants to forthwith recognise, deal and or relate with the National Chairman of the 1st Claimant, and other persons, who emerged from the election conducted by the electoral committee set up by the Interim Management Committee (IMC) as occasioned by the resolution of the general assembly convened on May 30, 2020.”

    After listening to their argument, the case was adjourned to April 30th for judgement.

  • Court orders AGF to re-open prosecution of Dele Giwa, other journalists killers…Orders FG To Ensure Safety Of Journalists

    Court orders AGF to re-open prosecution of Dele Giwa, other journalists killers…Orders FG To Ensure Safety Of Journalists

    Justice Inyang Ekwo Of Federal High Court in Abuja, Friday, ordered the Attorney General of the Federation and Minister of Justice (AGF) to re-open investigation and prosecution of those who murdered the founder of Newswatch Magazine, Dele Giwa, in 1986.

    The Incorporated Trustees of Media Rights Agenda, MRA, had dragged the AGF through the court for the enforcement of fundamental rights of media professionals to safety as guaranteed by the 1999 Constitution and African Charters on Human Rights.

    The applicant deposed an affidavit showing the names of journalists killed at different times in 1986, 1998, 1999, 2008 and 2023.

    Justice Ekwo held that the office of the AGF was under obligation to prosecute and penalize killers of media practitioners in the country.

    Recall that Dele Giwa was murdered on October 19, 1986, in his Lagos office through a letter bomb.

    Apart from Dele Giwa, the court ordered that the killings of other journalists in the discharge of their lawful duties must be investigated and perpetrators brought to book in line with the provisions of the law.

    Justice Ekwo in the judgement ordered the Federal Government to ensure adequate protection and safety of lives of journalists as enshrined in sections 33, 39 of the Constitution and Articles 4 and 9 of the African Charters on Human and Peoples Rights.

    The applicant, through its lawyer, Mojirayo Nkana, said there have been various violations of the Nigerian journalists’ right to life for several years.

    She said some journalists are still being harassed by security agencies with the AGF allegedly doing nothing about it.

    Passing his judgement on Friday, Justice Inyang Ekwo held that it is noteworthy that Nigeria ratified several international treaties regarding the protection of fundamental human rights and the country’s government is legally bound by the treaties and is obligated to enforce same.

    He said that society is better informed when there is an effective press, adding that the respondent has not denied that journalists were killed.

    “It is deemed therefore that the respondents have admitted that the persons mentioned in the affidavit were journalists who were killed,” Ekwo said.

    The judge said an extrajudicial act cannot take place without the Federal Government investigating and prosecuting them.

    The judge found that the applicant has established its case and judgement was entered in its favor.

    “I make an order directing the federal government to take measures to raise awareness and build the capacity of various stakeholders particularly journalists and other media practitioners, policymakers, law enforcement, security, intelligence, military as well as other officials on the laws and standards in ensuring the safety of journalists and media practitioners.”

  • Supreme Court voids AMCON takeover of Lagos Hotel

    Supreme Court voids AMCON takeover of Lagos Hotel

    The Supreme Court of Nigeria, Friday, nullified the takeover of the landed property of Suru Worldwide Ventures Nigeria Limited by the Asset Management Corporation of Nigeria.

    With the judgment, the Apex court
    affirmed the decision of the Appeal court, which dismissed the order of the lower court.

    A Federal High Court in Lagos had ordered the takeover of the company’s property by AMCON for not paying the loan obtained from the defunct Oceanic Bank.

    This followed a suit by AMCON, praying the court to order security agencies to offer it protection to enable it to exercise its possessory rights as a legal mortgagee under the Deeds of Legal Mortgage, over Suru Worldwide Ventures Nigeria Limited’s landed properties.

    But Suru Worldwide Ventures Nigeria Limited appealed against the judgment on the grounds that it was denied a fair hearing because it was not joined as a defendant.

    The appellate court, in a lead judgment by Justice Ugochukwu Ogakwu, held that the failure of AMCON to join Suru Worldwide Ventures Nigeria Limited as a defendant in its suit before the Federal High Court rendered the proceedings leading to the takeover order nullity.

    The court also ordered that the matter be returned to the Federal High Court for a fresh hearing

    Reading the lead judgment at the apex court, Justice Emmanuel Agim confirmed the court’s decision to halt the company takeover and ordered a new hearing at the High Court.

    He said, “I find no merit in the appeal. The judgment of the court of appeal is hereby affirmed. “

  • NBA threatens legal action over UK lawyers practice in Nigeria says FG undermines its legal professionals

    NBA threatens legal action over UK lawyers practice in Nigeria says FG undermines its legal professionals

    Nigerian Bar Association (NBA) through it’s President, Yakubu Maikyau, has rejected
    Federal Government’s bilateral agreement with the United Kingdom, which henceforth allows English lawyers to practice in Nigeria without any hindarance.

    The NBA maintained that the action will undermines the Nation’s legal professionals, adding that it is a move that will enhances increase in the importation of legal services to Nigeria to their disadvantage.

    Opposing the agreement, the association, therefore, threatened to resist it by all means necessary within the ambit of the law.

    He therefore, referred the deal as a “tragic reminder of our colonial past,” as he wondered why the Nigerian government would take such a decision with likely monumental impact without consulting with the NBA.

    The Federal Government and the United Kingdom government, had Tuesday, formalized a new trade agreement to boost trade and investment between both countries.

    The agreement themed, “the Enhanced Trade and Investment Partnership (ETIP)” focused unlocking new opportunities for UK and Nigerian businesses.

    Addressing the press, Wednesday, Maikyau said, “We want to make it very clear that the ETIP agreement, in so far as it relates to legal services is unacceptable in its entirety. The NBA will take all necessary measures provided by our laws in support of our position on this matter.”

    He said the agreement “will compromise our legal space.”

    “It is indeed unfortunate that this tragic reminder of our colonial past is being gleefully celebrated at the highest level of the Government of Nigeria. What is more disheartening is the fact that a decision of this magnitude that adversely affects the well-being and livelihood of millions of Nigerians, could be taken without any consultation, especially with the Nigerian Bar Association (NBA).

    “For the avoidance of doubt, the NBA had no foreknowledge or inclination of the text of the said agreement. We could not therefore have contributed to it. I have since assuming office as President of the NBA clearly opposed any agreement that will compromise our legal space at all the meetings.

    Speaking further on the implications on the profession, Mr Maikyau said the British government would not undermine its own body of legal professionals in such a manner as the Nigerian government has done.

    “It is truly tragic that while the government of the UK is seeking opportunities for its own lawyers beyond its constrained environment, the government of Nigeria is attempting to deprive Nigerian lawyers and their millions of dependants of means of livelihood.

  • Bayelsa Guber: APC, INEC tender conflicting documents

    Bayelsa Guber: APC, INEC tender conflicting documents

    The All Progressive Congress (APC) and Independent National Electoral Commission (INEC) Wednesday, tendered conflicting election results on the November 11 governorship election before the State Governorship Tribunal, sitting in Abuja.

    A former Minister of Petroleum, Timiprye Silva, and his party, APC, had dragged INEC, elected governor, Senator Diri Duoye, his Deputy , Lawrence and the People Democratic Party (PDP) before the tribunal.

    When the matter was called up, the electoral body tendered its own certified true copies of its results, while the APC polling units agents tendered various results in respect of the places the party was represented.

    The conflicting results, which were objected by the parties, were, however, admitted as exhibits by the Chairman of the tribunal, Justice Adekunele Adeleye, for the tribunal’s consideration during the hearing of the petition.

    Specifically, the petitioners are asking the tribunal to hold that election took place in three different local governments where INEC claimed that election was not conducted due to alleged diversion of electoral materials.

    They were also allegations of bypass of the BVAS machines .

    The affected local governments are Southern Ijaw, Ogbia, and Nembe Local Government Area LGAs.

    Led in evidence by the counsel of the petitioners, Tunde Falola, the APC’s witness, who was a poling agent, Odungele Moses, maintained that the election took place in PU unit 15 ward 4 and tendered a result which he claimed was issued to him by the election presiding officer on the election day.

    However, during cross-examination by counsel to the governor, Chris Uche SAN, the witness admitted that although 16 political parties participated in the election, only APC, which he represented as an agent, signed the result he tendered. He, however, did not give reasons why others did not sign.

    Another witness, Mallory Afin, who also testified for the petitioners, tendered APC results, which had the same serial number and number of accredited voters 169 with INEC but had different results recorded for the political parties.

    During cross examination by counsel to Governor Diri, it was discovered that the results tendered by APC in ward 002 were prepared and signed by the same presiding officer for ward 015.

    The witnesses were also cross examined by Charles Edosonwon SAN, who stood for INEC, Chukwuma Machukwu-Umeh SAN, who stood for the Deputy Governor and Tayo Oyetibo SAN who represented PDP.

    The witnesses, though, denied the allegations of parading fake election results but admitted that only INEC has statutory powers to conduct elections and to possess superior documents.

    Hearing continues Thursday,15th February.

  • Buhari didn’t sign alleged $6.2M foreign election observers payment- Boss Mustapha

    Buhari didn’t sign alleged $6.2M foreign election observers payment- Boss Mustapha

    The Immediate past Secretary to the Government of the Federation (SGF) Boss Mustapha, Tuesday, said the letter credited to former President Buhari as author and signatory did not emanate from the Presidency while another one purported to have emanated from him and signed by him were forged documents.

    The ex-SGF revealed this to the federal high court Abuja,
    clearing former President Muhammadu Buhari and himself from the alleged fraudulent payment of $6.2M dollars to foreign election monitoring observers.

    Mustapha made the clarifications on Tuesday while giving evidence in the trial of former governor of the Central Bank of Nigeria CBN, Godwin Ifeanyi Emefiele at the High Court of the Federal Capital Territory.

    He said that the one, Jubrin Abubakar who allegedly collected the $6.2M cash on February 8, 2023 under the watch of Emefiele was not a staff of the office of the SGF and was not known to him.

    Mustapha faulted the purported two letters alleged to have emanated from the Presidency under Buhari and the SGF office adding that the letters did not conform with the standard with which the Presidency and SGF write letters.

    The Economic and Financial Crimes Commission EFCC had alleged that Emefiele forged the letters to defraud the federal government to the tune of$6, 230, 000 under the guise of making payments to some foreign election monitoring observers.

    Mustapha insisted that the issue of payment for either local or foreign observers is the sole responsibility of the Independent National Electoral Commission INEC and not any other federal government agency.

    “Iam not privy to the operations of the Central Bank of Nigeria CBN and cannot write the governor for the attention of the Director, Banking Services.

    “From mere looking at the purported letters, the headline down the contents are defective. Iam not aware of the contents of the letters because there was no Federal Executive Council approval for such a thing”, he said.

    “The purported letter from the office of Secretary to the Government of the Federation bears my name as the SGF. To the best of my knowledge, the letter did not emanate from the SGF office. If did not emanate from the SGF office, then, I did not sign it.

    ” Nigerian government has no business with foreign election observers. That I know as a fact because I managed two election cycles. INEC has sole responsibility for the foreign election monitoring observers.

    “Looking at the signature on the purported letter that emanated from the Presidency, it is a failed attempt at reproducing President Muhammadu Buhari’s signature.

    “Uptil the time I left office, I did not know anything about the transactions. All through my service, I did not come across the letter purported to have been written by Mr President.

    “On the face value, and having served as SGF for 5 years and 7 months as SGF, I can say this letter did not emanate from the Presidency for seven major reasons.

    “Among others, the seal of the Presidency does not carry reference number. Seal itself is the authority. Federal Executive Council decisions are not transmitted by letters but by extracts after conclusions have been adopted.

    “Iam the custodian of FEC. The President will not refer FEC conclusions to me. In all the correspondences from the Presidency, President Buhari never ended with “Please, accept the assurances of my highest regards.

    Trial to be continued March 7th, 11th and 25th.

  • Alleged N10b fraud: How witness, threatened by EFCC appeared in court

    Alleged N10b fraud: How witness, threatened by EFCC appeared in court

    There was a mild drama at the Federal High Court, Abuja, Tuesday, as Rabiu Musa, a witness, allegedly threatened by the Economic and Financial Crimes Commission (EFCC) suddenly appeared in court.

    The Abuja based Bureau De Change operator, is that prosecution star witness in an alleged N10billion fraud suit against Ali Bello and Daudu Suleiman.

    At the resumed trial, Tuesday, Counsel to EFCC, Hannatu Kofamaisa informed Justice James Omotoso that the witness, was alleged to have been threatened, following his appearance at the last trial and got scared.

    Hannatu explained that the witness would not be in court to continue his evidence, based on his experience of threats at the last adjourned date, adding that she had called the witness five times but that he was no longer picking her calls.

    She therefore seeks for an adjournment of the trial.

    Responding, Counsel to Ali Bello, Abdullahi Aliu, SAN, said that he would not react to the EFCC’s allegations because they were not targeted at his client and did not oppose the request for an adjournment.

    However, drama unfolded when the witness alleged to have been threatened away from court and would not attend the trial, suddenly walked into the court room without any signs of apprehension.

    The counsel to Ali Bello got up and drew the attention of Justice Omotoso to the quiet arrival of the witness into the court room.

    It took the intervention of Justice Omotoso to doused tension lawyers to Ali Bello and Daudu Suleman from joining issues with EFCC on the allegations.

    In his testimony, the witness identitied one of his record books of transactions seized from him by EFCC during a raid of his office at Wuse, in Abuja and also admitted knowing Ali Bello.

    Under cross examination by Nureni Jimoh SAN who stood for Daudu Suleman, the Bureau De Change operator who claimed to be an illiterate said most of the transactions were recorded for him by one Mubarak who he said was literate and now a student at a University.

    The witness also said that parts of the transactions were recorded in his absence but that he was always briefed upon his arrival at the office.

    Meanwhile, the matter has been adjourned till February 22 and 23 for continuation of trial.

  • HEDA seeks to jail American Tower’s Nigeria CEO

    HEDA seeks to jail American Tower’s Nigeria CEO

    The Federal High Court sitting in Lagos will February 14, commence hearing on contempt proceedings instituted by the Incorporated Trusted of HEDA Resource Center
    against the Managing Director of ATC Nigeria, Errol Ambler-Smith.

    Other respondents in the matter are the Federal Ministry of Environment and MTN Nigeria Communications Plc (MTN Nigeria).

    HEDA, on February 5th, 2024, filed a notice of consequences of disobedience of court orders against ATC Nigeria before the court.

    It would be recalled that in Suit No FHC/L/CS/2359/2023 between HEDA v. Federal Ministry of Environment and 4 others, the Federal High Court sitting in Lagos on 21st November 2023 issued an ex parte order of injunction against ATC Nigeria, MTN Nigeria and other defendants to restrain themselves from taking any step towards establishing new masts in close proximity to existing ones.

    The order effectively put on hold the implementation of the relocation of 2,500 towers project from IHS to ATC announced by MTN on or around 10th November 2023. The order of injunction was reaffirmed by the court on 7th December 2023.

    While the document sighted did not indicate the basis of the contempt proceedings, it is certain that steps are being taken towards convicting the Managing Director of ATC Nigeria named in the said document. Efforts to reach the Chairman of HEDA, Olanrewaju Suraju, and the Managing Director of ATC Nigeria, Errol Ambler-Smith at the time of publication did not yield positive fruits.

    The matter is coming up on the 14th of February, 2024.