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JUDICIARY

2023: Kwara Retiring Chief Judge Harps on Neutrality Election Matters 

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From Alfred Babs, Ilorin 

Less than 52days to the general elections, Retiring Chief Judge of Kwara state, Justice Suleiman Kawu has warned the nation’s judges and lawyers to remain neutral and impartial in their decision on matters brought to the Court on election matters so as to stem the tide of blanket condemnation of judiciary as corrupt.

Speaking at the special session of the High Court to mark commencement of the 2022/2023 legal year and his retirement as the Chief Judge of the state in Ilorin on Wednesday, Kawu said that the legal practitioners must send a clear and strong message to the public that judges are not for or against any political party or politician.

“Let us all remind ourselves that we are once again approaching an election year when serious legal gymnastics will start to play out in our various courts and Judges will be called upon to decide delicate issues couched by Advocates in flowery legal garbs, with far reaching political consequences.

“As Judges we must stay out of the fray, remain neutral and impartial. We must send a clear and strong message to the public that Judges are not for or against any political party or politician and that when cases are brought before us, parties must convince the court, not that they have deep pockets or contacts but that their cause is lawful and just.

“As members of the legal profession, we must prove ourselves to be men and women of honour, integrity and discipline by strictly adhering to our Code of Conduct and Rules of professional ethics. Because the administration of justice is too important to democracy and indeed to the very existence of the society, the time has come for us now more than ever before to apply the

needed disciplinary measures against erring members in our midst without any regard for social, ethnic or religious considerations. This, in my view, is the road to take in order to justify our claim as members of the Honourable and Noble Profession and stem the tide of the now common and dangerous

blanket and wholesale condemnation of Judges and the Judiciary as corrupt.

“The enormity of the responsibility which the constitution and indeed the society place on Judges and Lawyers requires that we stand on a very high moral pedestal, for, according to the Roman Slave, Publius Syrus, “The greater a man is in power above others, the more he ought to excel them in virtue. “Anything short of this will erode the confidence of the people in the ability of our judicial system to uphold the rule of law and protect lives and properties.

“We must therefore be conscious of what verdict history will deliver on how we discharge our assigned responsibilities.”

Kawu, who said that a total number of 2,648 criminal and civil cases were filed and brought forward before the state High Court in the 2021/2022 legal year, added that 281 criminal cases were disposed of out of 420 criminal cases in the last legal year.

He also said that a total number of 834 civil cases were disposed of out of 2,228 civil cases brought before the high court last year.

A total number of both criminal and civil cases pending in the High Court was given as 1,533.

The retiring Chief Judge, who said that a total sum of N86,977,191:20k was generated as fines and fees from January to November 2022 by the state judiciary, added that the figure was almost triple of the amount generated in the last legal year and the highest in the history of the state judiciary.

He attributed the feat to steps taken to curb activities of touts and fraudters in the procurement and processing of affidavits, oaths and other judicial forms and the automation of the oaths registry.

Kawu also disclosed that 233 members of staff of the High Court, Sharia Court of Appeal and the Judicial Service Commission were promoted in 2022 by the state judicial service commission.

Also speaking, the Attorney General and Commissioner of Justice in the state, Barrister  Ibrahim Sulyman, commended the bar and bench for being partners in progress with the state government.

The attorney general also called for improved unity among members of the bar, saying that lawyers and judges should always practice what they preach.

JUDICIARY

Court Orders VDM to Remove Defamatory Posts on Falana, Son

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An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his son, Folarin, also called Falz.Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on Sept.

24 against the Falanas.The court also ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju within 14 day.
The judge said: “the defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.“He is to bring down the defamatory video about the applicant which was published on Sept.
24 on all his online social media handles pending compliance with the pre-action protocol of the court.“Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju.“The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.”The court made the orders following an ex parte originating application made by Falana and his son against the actions of VDM where he published “unverified audio recording of a one sided narrative by cross dresser Bobrisky” alleging perversion of justice by the family.Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him.Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on all his social media handles for the defamatory words contained in the viral video. (NAN)

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JUDICIARY

Man Bags 7 Years Imprisonment for Raping 11-yr-old in Kano

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The Supreme Court, Political Parties and Internal Democracy
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A Federal High Court sitting in Kano, on Monday, has sentenced 33-year-old Nasiru Isa to seven years in the correctional centre for sexually exploiting an 11-year old girl.

The Presiding Hon. Justice S .M. Shu’aibu convicted Isa, who resides in Darmanawa Bayan Gidan Kallo of Tarauni Local Government Area (LGA) of the state, on a one-count charge of sexual exploitation.

Shu’aibu summarily tried and sentenced the defendant after he pleaded guilty to the charge.

He held that the Prosecution Counsel, Abdullahi Babale, proved his case beyond reasonable doubt and consequently sentenced the defendant to seven years without an option of fine.

According to him, the convict is to pay additional N1 million fine as compensation.

Earlier, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Kano State Command, alleged that the defendant committed the offence at Darmanawa Quarters,Tarauni LGA, Kano State on October 5.

Babale said that the defendant allegedly lured his neighbour’s 11-year-old daughter into his wife’s room and sexually exploited her.

“The defendant had sex with the survivor on three different occasions.

“Once in the defendant’s wife’s room and twice at an uncompleted building.

“The defendant gave the survivor bread, groundnut and N20 before sexually exploiting her,” Babale told the court.

The prosecution presented two exhibits, including the confessional statement of the defendant and the survivor’s testimony, to the court to prove his case.

Babale said that the offence contravened the provisions of section 16(1) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Sec 26(1) of TIP ACT 2015. (NAN)

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JUDICIARY

Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial

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A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.

The defendants also on Jan.
18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan.
22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.
But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NAN

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