Author: Vivian Michael

  • #EndBadGovernance: 10 Protesters charged with attempt to overthrow President Tinubu, remand in prison

    #EndBadGovernance: 10 Protesters charged with attempt to overthrow President Tinubu, remand in prison

    Nigeria Police, Monday, arraigned ten #endbadgovernance# protesters before a Federal High Court in Abuja, on charges of attempt to overthrow President Bola Ahmed Tinubu between July 1 and August 4 this year.

     

    The accused persons were said to have committed the treason offence during their one week nationwide protests when they allegedly levied war against Nigeria.

     

    The offences were said to be contrary to sections 96, 410 and 413 of the Penal Code.

     

    Inspector General of Police (IGP) who brought the charges against them alleged that the accused persons broke into the Abacha Army Barracks and openly called on the military to take over the constitutional government of President Tinubu.

     

    According to the police, they attempted to force their way into the seat of power during which they allegedly burned down police station and injured police officers.

     

    They were also said to have incited the Nigerian public against the government and destroyed several public properties comprising Police station, High Court complex and National Communication Commission (NCC) facilities.

     

    Police also claimed that a 70- year old British citizen, Andrew Martin Wynne now at large was largely responsible for instigating mutiny against the Nigerian government.

     

    The alleged offences were said to have been committed in Abuja, Kano, Kaduna and Gombe among others.

     

    However, all the accused persons pleaded not guilty to the charges when read to them.

     

    The accused persons are Michael Tobiloba Adaramoye, Adeyemi Abiodun Abayomi, Suleiman Yakubu, Comrade Opaluwa Eleojo Simon, Angel Love Innocent, Buhari Lawal, Mosiu Sadiq, Bashir Bello Nurudeen Khamis and Abduldalam Zubair.

     

    Sequel to not their guilty plea, Counsel for the IGP, Simon Lough, SAN, asked the court to remand the accused persons in prison pending their trial.

     

    Responding, counsel to four defendants, Marshall Abubakar, however, moved an oral applications for bail of the accused persons.

     

    He cited authorities to justify his oral application for his bail adding that the Federal High Court in the treasonable charges against a politician, MKO Abiola allowed oral application and admitted him to bail.

     

    He continued that his clients were presumed innocent in law until proved otherwise by the IGP adding also that bail is Constitutional rights of the defendants.

     

    He submitted that the defendants had been held in custody for close to a month by police who he said, have completed investigation into the allegations against his clients before bringing them to court.

     

    Concluding, he assured the Judge that the defendants would not jump bail if granted and that they will also not tamper with witnesses in the matter.

     

    Another lawyer, Deji Adeyanju who appeared for three of the defendants faulted the treason charges against the defendants insisting that they only participated in a lawful and legitimate protests against hardships facing them.

     

    Adeyanju argued that police ought to have entered the locations of bandits, kidnappers and terrorists, arrest and charge them with treason offence instead of innocent protesters.

     

    He drew the attention of the court to the proof of evidence attached to the charges adding that no evidence pointed to the direction of treason, mutiny and incitement as alleged by police.

     

    Insisting that bail is discretionary, Adeyanju pleaded with the Judge to exercise his discretion in favor of the defendants by admitting them to bail in liberal terms.

     

    However, counsel to Police, Simon Lough SAN vehemently objected to the bail requests on the ground of gravity of alleged offences the accused persons were charged with.

     

    He specifically cited mutiny aimed at changing democratic government by force through incitement and involvement of a British national against the Nigerian nation.

     

    In a brief reaction, Justice Nwite ordered that the defendants be remanded at Kuje prison in Abuja and Suleja prison in Niger State and

    adjourned ruling in their bail applications till September 11

     

    The Judge ordered that the nine males defendants are to remain in Kuje prison while the only female defendant said to be pregnant, Angel Love Innocent was ordered to be taken to Suleja prison.

     

    Justice Nwite said that he needed time to consult the retinue of authorities cited by lawyers to back up bail applications.

     

    Although lawyers to the accused persons led by Marshall Abubakar had requested

     

    Also Justice Emeka Nwite rejected the request for police custody for four defendants made by Abubakar.

     

    He instead ordered that they be taken to prisons.

  • Terrorism: Court orders DSS to freeze 20 bank accounts

    Terrorism: Court orders DSS to freeze 20 bank accounts

    The Department of State Services (DSS) has obtained a Federal High Court order in Abuja to freeze 20 bank accounts associated with Aisha Abdulkarim, a suspected female terrorist.
    The accounts, domicile in eight different banks, are to remain frozen for a period of 60 days to enable the secret police to carry out forensic investigations into the alleged acts of terrorism by the bank account operator.
    Justice Peter Lifu issued the order to freeze the accounts after the DSS presented and argued an ex-parte application before him.
    Also linked with the alleged acts of terrorism are Yehusa Idris and Abdullahi Babayo Umar, who are also in custody of the DSS.
    The lawyer stated that freezing the accounts was crucial to providing the DSS with unrestricted access during the investigation.
    Although the DSS requested a 90-day freeze order, the judge granted 60 days, instructing the secret police to conduct their investigation diligently and expeditiously.
  • Hunger Protests: Court strikes out suit against protesters, IGP, DSS, others

    Hunger Protests: Court strikes out suit against protesters, IGP, DSS, others

    Justice Peter Lifu of the Federal High Court in Abuja, Thursday, struck out a suit instituted against the anti-hunger protesters and Attorney General of the Federation, (AGF) for want of diligent prosecution.

     

    The court action followed the absence of the 17 plaintiffs and 26 defendants in court and without legal representation from the two parties.

     

    Other Respondents in the suit instituted by 17 Nigerians are Inspector General of Police, Department of the State Service, DSS, and the Chiefs of Army and Defence Staff.

     

    Although the suit was fixed for hearing, Justice Lifu was however shocked that none of the 17 plaintiffs showed up neither were they represented by any legal practitioner.

     

    To worsen the matter, the defendants comprising Take it back movement, Nigerians against hunger, DSS, IGP, Chiefs of Army and Defence Staff had no legal representation while no excuses or explanations were offered for boycott of the proceedings.

     

    Justice Lifu concluded that it had become apparent that the plaintiffs were no longer interested in the matter and subsequently struck it out.

     

    The plaintiffs drawn from the six geo political zones of the country had approached the court seeking order to terminate the protest on the ground that their fundamental rights to freedom of movement, human dignity, right to own property, economic, social and cultural development and right to national peace and security were been breached.

     

    They asked the court to compel the Director General of the DSS, Inspector General of Police, Chiefs of Army and Defence Staff as well as the AGF to enforce their fundamental rights for them by bringing the protesters to order.

     

    The plaintiffs cited Kaduna, Kano, Jigawa among others where great destructions were allegedly done to public and private properties.

     

    The suit was however terminated by Justice Lifu as a result of lack of diligent prosecution on the part of the plaintiffs.

     

    Some of the plaintiffs are Danladi Goje, Buky Abayomi, Adiza Abbo, Ocholi Aduku, Francis John, Nnamdi Eze, Chibuzor Ifeanyi, Fesco Olatunde and Ishaya Istifanus among others.

    Also, Omoyele Somore, AGF, National Security Adviser IGP Chief of Army Staff and Chief of Defence Staff among others

  • Alleged terrorism: DIA gets court order to detain policeman, 19 others

    Alleged terrorism: DIA gets court order to detain policeman, 19 others

    Justice Peter Lifu of the Federal High Court in Abuja has approved the request of the Defence Intelligence Agency, DIA, to detain an Assistant Superintendent of Police, ASP, and 19 others for 30 days.

     

    The police ASP, named A. A Babangida, was ordered to be detained along with other suspects for 30 days order is following their alleged involvement in banditry, kidnapping and terrorism activities.

     

    The order is to enable DIA operatives carry out thorough investigation into their alleged involvement in the heinous crimes.

     

    ASP Babangida who was arrested in June and had since been in DIA custody, was alleged to have been helping Boko Haram, bandits and ISWAP members in carrying out terrorism activities in some parts of the country.

     

    In the ex-parte application, marked FHC/ABJ/CS/1146/2024, Counsel to the security agency, S.A Aminu requested for permission of the court to detain the suspects for 90 days.

     

    According to her, the involvement of the suspects in terrorism activities was so complex because the bomb experts for the gang have just been apprehended based on information being volunteered by the detainees.

     

    She explained that DIA intends to carry on critical investigation into the unlawful activities of Babangida and others before handing them over to the Attorney General of the Federation, AGF, for prosecution.

     

    The ex-parte application of the DIA was supported with a 21 paragraph affidavit which chronicled how the agency obtained hints that led to the arrest of the suspects in various locations and at different times.

     

    After scrutinizing the documentary exhibits placed before the court, Justice Lifu ordered the agency to detain the suspects till the conclusion of investigation.

     

    The judge declined to grant the 90 days requested by DIA on the ground that the suspects have been in custody for three months and the fact that the Constitution presumes them innocent until the otherwise is established against them.

    Justice Lifu also ordered that the DIA should do everything within its powers and within the ambit of the law to complete its investigation into the allegations against the suspects so as not to run foul of the law.

    Others ordered to be detained along with the Police ASP Babangida are Usman Idris, Abu Safiyanu, Alhassan Idris, Sahada Ishaka, Abubakar Ibrahim Sani Bello, Yahaya Abdullahi, Haruna Salisu and Mohammed Muazu.

    Other Respondents in the matter are Nura Idris, Alhaji Manu Mohammed, Umar Mohammed Lamu, Abubakar Mandara, Suleiman Musa Mohammed, Alhaji Madayi, Alhaji Amodu Bukar Prince Oghewe and Uzoma Aghaoyibo.

  • Imo Guber: S/Court affirms Gov, Hope Uzodinma election 

    Imo Guber: S/Court affirms Gov, Hope Uzodinma election 

    In furtherance of what the critical public now calls “Judiocracy” the Supreme Court of Nigeria pronounced three major judgements today, Friday, August 23, 2024 all, affirming the electoral victory of state Governors.

    The beneficiaries of these judgements were Bayelsa, Kogi and Imo state governors.

    In the case of Governor Hope Uzodimma of the All Progressive Congress APC, just as the other two cases, the Supreme Court affirmed his election.

     

    The court had in a judgement declared by Justice Mohammed Baba Idris, dismissed the two separate appeals brought to it by the Labour Party LP and the People’s Democratic Party PDP against the declaration of Hope Uzodinma.

     

    The supreme court held that the appeals of the LP governorship candidate, Athan Achonu and that of PDP Samuel Anyawu were was lacking in merit.

     

    According to the judgement, the LP and PDP gubernatorial candidates were said to have failed to establish allegations of over voting and other malpractices against the November 11,2023 poll.

  • Bayelsa Guber: Supreme court authenticates Gov Diri’s election

    Bayelsa Guber: Supreme court authenticates Gov Diri’s election

    The Supreme Court, Friday, declared that Duoye Diri, remains the authentic governor of Bayelsa State.

    The Apex court affirmed the re-election of Diri after dismissing the appeal of the candidate of All Progressive Congress(APC) Timipre Sylva, in the November 11 off-cycle election.

    The five-man panel of the supreme court lead by Justice Lawal Garba, affirmed the Court of Appeal decision of 15 July, that declared Sylva’s appeal an abuse of court process for filing two notices of appeal.

    Citing a part of section 246(1) of the 1999 Constitution, the Apex Court panel held that the APC Governorship candidate has only one right to appeal the judgment of the Tribunal and not multiple.

    Consequently, it faulted the APC appellant who filed two notices of appeal to the Appellate Court.

    In a unanimous judgment, the appeal was therefore dismissed by the Supreme Court for lacking merit.

    The Electoral body, INEC had declared that governor Diri of the PDP garnered a total of 175,196 votes to defeat his closest rival, Sylva of the APC who polled 110,108 votes.

    The unanimous decision of the apex court upheld the earlier decision of the Court of Appeal and the Election Petition Tribunal.

    The Court of Appeal in Abuja had on July 18 in a unanimous judgment affirmed the decision of the Bayelsa Governorship Election Petition Tribunal, which upheld the November 11, 2023, re-election of Governor Douye Diri of Bayelsa State.

    A 3-man panel of the appellate court had dismissed an appeal brought before the Court by Timipre Sylva and APC seeking to set aside the decision of the Tribunal.

    The Justice Adekunle Adeleye-led three-member tribunal had on May 27, dismissed the petition filed against Governor Diri’s re-election by the APC and its candidate for lacking in merit.

    The tribunal had held that both Sylva and APC failed to adduce any credible evidence to substantiate any of the allegations they raised against the outcome of the governorship poll.

  • Olukayode Ariwoola retires as CJN

    Olukayode Ariwoola retires as CJN

    Justice Olukayode Ariwoola, the 22nd Chief Justice of Nigeria (CJN), has officially retired from service upon reaching the mandatory retirement age of 70.

    Born on August 22, 1954, Justice Ariwoola’s retirement marks the end of a distinguished judicial career.

    Justice Ariwoola was appointed to the Supreme Court bench on November 22, 2011, and later became the substantive CJN on June 27, 2022, following the resignation of his predecessor, Justice Tanko Muhammad.

    His appointment as CJN was formally confirmed by the Nigerian Senate on September 21, 2022.

    As events marking his retirement unfold at the Supreme Court, there are strong indications that Justice Kudirat Kekere-Ekun may be named as his successor, making her the new Chief Justice of Nigeria.

  • Ex-CJN Onnoghen, appeals CCT judgment

    Ex-CJN Onnoghen, appeals CCT judgment

    The former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has appealed the judgment of the Code of Conduct Tribunal, CCT, that ordered his removal from office in 2019.

     

     

    The legal battle which commences, Tuesday, 20th August 2024, in Abuja was filed at the Court of Appeal since April 2019.

     

     

    Onnoghen is specifically praying the Court of Appeal to void and set aside the CCT judgment delivered against him on April 18, 2019, on various grounds.

     

     

    In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN, is asking the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and and absence of fair hearing.

     

    With Onnoghen as the appellant, the Federal Republic of Nigeria is the sole respondent.

     

    A notice for hearing of the appeal just sighted by our correspondent is entitled, “CA/ABJ/375 & 376 & 377/2019 BTW: Justice Onnoghen and FRN”.

     

    It read, “Please take notice that the above matter is listed for hearing on Tuesday the 20th day of August, 2024 at 9 o clock in Court Appeal, Abuja Division.

     

    “Please take note that this serves as a hearing notice”.

     

    The Code of Conduct Tribunal had in 2019 convicted Onnoghen in all the 6-count charges of breach of Code of Conduct for Public Officers brought against him by the federal government while in office as head of the country’s judiciary.

     

    In the lead judgment delivered by Chairman of the CCT, Danladi Yakubu Umar, he had ordered the immediate removal of Onnoghen from office as the CJN.

     

    The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and also the chairmanship of the Federal Judicial Service Commission.

     

    The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, CCB, an agency of the Federal Government.

     

    Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.

     

    However, dissatisfied with the CCT decision, Onnoghen in 2019 approached the Court of Appeal in Abuja with 16 grounds on why his conviction by the Tribunal should be quashed.

     

    Among others, he maintained that the Danladi Umar-led CCT panel erred in law and occasioned a miscarriage of justice against him, when it failed to decline jurisdiction to entertain the six-count against him.

     

    He contended that the CCT Chairman ought to have recused himself from presiding over his trial.

     

    In his seven-point reliefs, Onnoghen, applied for an order setting aside his conviction as well as quashing the order for forfeiture of his assets and to discharge and acquit him of all the charges levelled against him.

     

    Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was s judicial officer at the time the charges were filed against him on January 11, 2019 and as such cannot be subjected to the jurisdiction of the lower tribunal.

     

    “0n the authority of Nganiiwa v. FRN (2018) 4 NWLR (Pt. 1609) 30: at 340. 341 only the National Judicial Council (NJC) has the power to discipline the Appellant for misconduct and not the lower tribunal.

     

    “The lower tribunal had in the case of FRN V. Sylvester Nwali Nguta in charge No: CCT/ABJ/01/2017 delivered on 9th January, 2018, affirmed the position of the Court in FRN Nganjiwa v. FRN and dismissed the charges and acquitted and discharged Justice Ngwuta being a Judicial Officer subject only to the discipline of the National Judicial C0uncil.

     

    “The lower tribunal has no iurisdittion over servng judicial officers such as the appellant, save the National Judicial Council.

     

    “The Motion on Notice dated 14th January, 2019, challenging iurisdiction ought to be granted in all material particular as it purports to save the lower tribunal of needless futile exercise.

     

    “The lower tribunal erred In law when it dismissed the Appellant’s Application seeking the chairman to recuse himself from further proceedings on the ground of real likelihood of bias and thus occasioned a miscarriage of justice.

     

    “The Appellant has alleged that the chairman of the lower tribunal is biased towards him as a result of open remarks in the tribunal as well as the manner in which the proceedings was being conducted.”

     

    Contrary to the CCT finding, Onnoghen, said he did not admit the fact of non-declaration of Assets from 2005 as the Justice of the Supreme Court, adding that he only stated that he did not declare in 2009 as required because he forgot.

     

    Onnoghen challenged the order for the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”

     

    He faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.

     

    Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

     

    The former CJN asked the Court of Appeal to issue some orders against the CCT judgment among which are that the tribunal lacks the jurisdiction to entertain the case and that its Chairman ought to have recused itself from the proceedings.

     

    Consequently, he wants an order setting aside his conviction and another one setting aside the order for forfeiture of his assets made by the Tribunal.

     

    He also wants the appallete court to discharge and acquit him from the charges.

  • Bayelsa Guber: Diri, PDP want Supreme court to dismiss Sylva, APC appeal

    Bayelsa Guber: Diri, PDP want Supreme court to dismiss Sylva, APC appeal

    Bayelsa State Governor, Douye Diri has asked the Supreme Court to dismiss the appeal contesting his election by Timipriye Sylva and All progressives Congress, APC, in the Bayelsa gubernatorial poll.
    The respondents, represented by Chris Uche SAN, maintained that the appeal was devoid of merit and should be dismissed in its entirety as no witness or documents supported his request being made at the court.
    In the same vain, counsel to the People’s Democratic Party PDP, Tayo Oyetibo SAN and counsel to the Independent National Electoral Commission INEC represented by Charles Edoshomwan, also asked the Apex court to dismissal the appeal.
    In his response, counsel to the petitioner, Onyechi Ikpeazu SAN, asked the court to set aside the judgments of the Bayelsa State Governorship Election Petition and the Court of Appeal which had earlier dismissed his petition.
    Specifically, the former governor wants the court to invalidate the declaration of Diri by INEC as winner of the gubernatorial poll and declare him as the lawful winner of the election.
    The five-man panel of justices led by Justice Garba Lawal, after taking submissions of the parties, reserved judgment to a later date.
    On July 28, the Court of Appeal, affirmed the re-election of Governor Douye Diri of Bayelsa State.
    The judgement described the appeal brought before it by the All Progressives Congress(APC) and its candidate, Chief Timipre Sylva as incompetent and abuse of court process.
    The appellate court, had in a unanimous decision by a three-man panel of Justices lead by Justice James Abunduga said it found no reason to dislodge the earlier judgement of the Bayelsa State Governorship Election Petition Tribunal.
    It held that the court below was right when it declined to nullify the outcome of the gubernatorial poll that held in the state on November 11, 2023.
    The Bayelsa Governorship petition tribunal, had on May 27, lead by Justice Adekunle Adeleye, dismissed as lacking in merit, the petition that was filed against governor Diri’s re-election by the APC and its candidate.
  • CJN: NJC recommends Kekere-Ekun

    CJN: NJC recommends Kekere-Ekun

    By Vivian Michael, Abuja
    “…recommends the appointment of 27 others as Judges of various courts.
    The National Judicial Council (NJC), has recommended Justice Kudirat Kekere-Ekun as the next Chief Justice of Nigeria (CJN).
    This is imperative as Hon. Justice Olukayode Ariwoola, GCON, will formally bow out of office as the Chief Justice of Nigeria next week Thursday, August 22.
    This was part of the outcome of the meeting of the NJC, which also recommended the appointment of 27 others as Judges of various courts.
    The decision was confirmed by the spokesman of the NJC, Soji Oye, in a statement on Thursday.
    The emergence of Kekere will be subject to confirmation by President Bola Tinubu and screening by the Senate.
    The recommend twenty-seven (27) candidates for appointment as Judges of States Courts and a candidate for appointment as Kadi of the Sharia Court of the FCT, Abuja to their various State Governors and Mr. President as follows.
    Six judges for high court of Kwara state are; Olawoyin, Ibijoke, Abdulrazaq, Fatimah Funsho, Folorunsho, Oba Muritala, Dikko, Yusuf Adebayo, Adeniyi, Oluwatosin Adenike, Osuolale-Ajayi and Temitope Olalekan.
    One judge for high court of Lagos state; Zubairu, Murtala Ja’afaru.
    Four judges for high court of Benue state includes, Kor, Vincent Tersoo; Ikwulono, Maigida Maimuna; Adagba, Nguhemen Julie; Tor, Damian Tersugh.
    Two judges for customary court of Appeal, Benue state are Onche, Ogah Inalegwu, and Igba, Theophilus Terhile.
    Others are eight judges for high court of River State which includes, Onyiri, Frank Ugoji, Victor Chinedum, Obomanu, Godswill Vidal, Oguguo, Rita Chituru, Fubara, Alatuwo Elkanah, Kokpan, Bariyima Sylvester Obu, Ibietela Innocent Madighi and Wifa-Adedipe, Lesi.
    The recommended Six judges for high court of Ondo state are Daomi, Williams Adebisi, Fabuluje, Adewumi William, Ogunwumiju, Mobayonle, Idowu, Demehin-Ogunbayo, Inumidun Happiness, Kpemi, Ojufisintei Justinah, Adegoroye, Olufunke Adeola.
    Concluding, it recommend one Kadi for Sharia court of Appeal, FCT in the person of Muhammad, Lawal Munir.
    All recommended candidates are expected to be sworn-in after the approval of the NJC recommendations to the President and their respective State Governors.