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JUDICIARY

Babalola Mulls Extending Retirement Age of Supreme Court justices to 100 Years

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legal luminary, Chief Afe Babalola, SAN, on Wednesday proposed 100 years as retirement age for Supreme Court Justices from 70.This is contained in a statement issued by Tunde Olofintila, the Director, Corporate Information of Afe Babalola University, Ado Ekiti, (ABUAD),  in Ado Ekiti on Wednesday.

Babalola, founder of ABUAD, made the call at the virtual launch of books in honour of  rtd Justice Bode Rhodes-Vivour, CFR, of the Supreme Court to mark his retirement from the bench on attaining 70.
He canvassed for a review of the age of retirement of judges, especially those of the Supreme Court Justice from the current 70 to 100 or more, if life service is not possible.
” There is urgent need for reform of our judicial system. This is with particular regards to age of judges, most especially those at the Supreme Court.” Experience has shown that a person becomes wiser and more experienced as he advances in age.” Under our judicial system today, Justice Rhodes-Vivour is retiring at the age of 70 when he has not shown any sign of physical weakness and when Nigeria would have benefitted more from his wealth of wisdom, insight and experience.” A brief look at other countries shows that appointment to the Supreme Court is a lifetime appointment.” There is no age limit for a justice of the Supreme Court to retire. Often times, they stay as long as they probably can.” In fact, many die while in office. But those who opt for retirement, the average age is 78 years. The average retirement age has grown a whooping 103 years in other climes”. The founder and Chancellor of Afe Babalola University, also advocated that under the review, retiring judges should be allowed to practice law.” Even, if Judges are not allowed to return to full practice, there should be a measure of participation in law practice that will ensure their relevance in the nation’s development of law.” I suggest that Nigeria should adopt the quasi-restrictive style, which is in operation in the U.S. whereby a sitting judge may recuse himself in the case of conflict of interest or allow retiring judges to prepare and draft pleadings, motions and appellate briefs”, he said. On appointment of judges, he said the position of the Chief Justice of Nigeria, was important that it should not be based on promotion but strictly on merit.”  I know from experience that the best judges are those who have been in active litigation, who have interacted with clients, who have drafted claims and pleadings and who have addressed legal issues at different level of the courts.” This is why in other climes, judges are chosen from seasoned legal practitioners. I recall the case of late Justice Teslim Olawale Elias, SAN.” He was appointed as CJN and President, International Court of Justice. He was Attorney-General of the Federation when he was a Professor at the University of Lagos and was invited to the Supreme Court where he eventually became the CJN.” I have always been an advocate of a new constitution to correct the ills inherent in the 1999 Constitution bequeathed to Nigerians by the Military and christened a people’s constitution.” We truly need restructuring in this country today and that will assist us in many diverse ways as we as enable us have a truly federal constitution as a result of which there would be a change in the mode of election and the type of people we would elect to govern us”, Babalola said.He said It would also ensure that the country has part-time legislation, reduce the huge salaries currently being earned by legislators in favour of sitting allowances as well as reduce cost of governance and ensure elections are run at cheaper rates while women representation in governance be higher.” Our constitution is the greatest problem of Nigeria, the operation of the constitution is expensive with its attendant over-concentration of power at the centre, thereby rendering the States and Local-Governments totally impotent unlike what obtained under the Parliamentary Constitutions of 1960 and 1963.” I say with emphasis that the only change that can change the country for the better and pave way for the enhancement of a more united Nigeria is to restructure” It is that change that will make politics less attractive, make each state to develop at its own pace and do away with all shades and shapes of criminality, guarantee employment, eradicate poverty and make individuals to become true Nigerians.“, he said He described Justice Rhodes-Vivour,  as an incorruptible , genial, decent, and disciplined person as well as a Judge with unquestionable integrity, character, industry and dignity who others should emulate.(NAN)

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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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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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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