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JUDICIARY

10th NASS Proclamation: Court Extends Order Stopping EFCC, Others From Detaining Yari 

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A Federal HighCourt, Abuja has extended the  order restraining the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC) and Department of State Services (DSS) from detaining Sen. Abdul’aziz Yari.

Justice Donatus Okorowo extended the order on Thursday after Yari’s counsel, Michael Aondoaka, SAN, made an oral application to the effect.

The development occured following a plea for an adjournment moved by lawyer to the EFCC, Gloria Ogbason, and her counterpart representing the ICPC, Kemi Odogun, to enable them file their responses to Yari’s motion.

Upon resumed hearing in the matter, Aondoaka, informed that all the respondents had been served as directed by the court.

Ogbason, who acknowledged receipt of Yari’s processes on June 5, said they had yet to file their response.

“Therefore, we will be asking for a date since we are still within time to file my lord ” she said.

Corroborating Ogbason’s submission, Odogun, who said the ICPC was served on June 6, also sought an adjournment

“In accordance with the rules of this court, we are still within time to file and we intend to show cause my lord,” she also said.

Aondoaka said though he was not opposing their intention to respond to his application, he said: “We will only be asking for an order extending the order made on June 5 because the order was given by the court to abridge the time to show cause.”

The senior lawyer also informed that there was a proof of service of their application on the DSS, the 3rd defendant in the suit, though it was not represented in court.

Obasun and Odogun did not object to Aondoaka’s application for extension of the order.

Justice Okorowo, who adjourned the matter until June 27, barred the EFCC, ICPC and DSS from.detaining Yari until they appear to show cause in the next adjourned date.

The 10th National Assembly will be inaugurated on June 13 after a proclamation by President Bola Tinubu.

Yari, the two-term ex-governor of Zamfara, had indicated interest to vie for the position of the Senate president of the 10th assembly.

Yari had, through his team of lawyers led by Mr Aondoaaa, filed the ex-parte motion marked: FHC/ANJ/CS/785/23.

In the motion dated and filed on June 2, Yari sued the EFCC, ICPC and DSS as 1st to 3rd defendants respectively.

In the application, the former governor prayed the court for an order, restraining the respondents, their officials from arresting, detaining and preventing him from attending or participating at the Proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13 pending the hearing and determination of his motion on notice.

In a 15-ground of argument given by the senator-elect, he said his aspiration to contest the position of President of the Senate had received overwhelming support from the general public and amongst distinguished senators-elect irrespective of party affiliations.

According to him, the support which the applicant has continued to garner across party lines has drawn consternation from some members of his political party, the All Progressives’ Congress (APC).

The party, he alleged , has resorted to using the respondents and their agents to harass and threaten to arrest and detain the applicant on trumped-up charges for the period leading to the First Sitting of the Senate when nominations and election of presiding officers shall be constituted.

“The respondents and their agents have threatened to violate the applicant’s rights as enshrined in the Constitution by unlawfully threatening to arrest and detain the applicant up to the period of the First Sitting of the 10th Senate of the Federal Republic of Nigeria on the 13th June, 2023, without a warrant of arrest and informing him in writing the reasons for the arrest and detention.

“The respondents and their agents violated the applicant’s fundamental human rights as enshrined under Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The respondents and their agents are mandated to operate within the ambit of their establishment laws, and to respect the fundamental human rights of the Applicant as enshrined in the Constitution,” he said.

Yari said if the order was not given, his rights would have been breached by the respondents.(NAN)

JUDICIARY

Judiciary Workers Threaten Strike from June 2

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The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.Mr Mustapha Laminu, National Vice President, North Central said this in a statement signed and issued on Friday in Abuja.

Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one month wage award recently paid by government.
According to him, this action is to protest against the non payment of five months arrears of wage award, non implementation of N70.000 national minimum wage and the non implementation of the 25/35 per cent salary increase.“The union had written severally to the management on the need to see reasons through 21 day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.
“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.“We will continue this action until and unless the government pay us this money,” he said.Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.He therefore called on all Chapters chairmen to ensure compliance to the directive. (NAN)

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CRIME

Court Remands 18-year-Old Student for Alleged Murder 

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A Makurdi Chief Magistrates’ Court on Friday ordered the remand of an 18-year old student, Joseph Chive, at a Makurdi Correctional Centre for allegedly killing a 14-year-old girl.

Chive, who lives at Veterinary Layout, Northbank, Makurdi, was charged with illegal possession of firearms and culpable homicide.

The Chief Magistrate, Mr Kevin Mbanongun, did not take the plea of the defendant for want of jurisdiction.

He remanded the defendant and adjourned the case until Aug. 28 for mention.

Earlier, the prosecutor, Insp Godwin Ato, told the court that  the defendant committed the offences on May 25, at Veterinary Layout, Northbank, Makurdi.

He said the case was reported  at the ‘C’ Division Police Station, Northbank, Makurdi, by the deceased’s father, Mr Victor Ayom.

According to him, the defendant had an altercation with the victim, a 14-year-old girl, Mimidoo Victor.

“While the altercation was going on, the defendant rushed into his room, brought a loaded dane gun and shot the girl on the head.

“The defendant was arrested during police investigation and he confessed to  the crime.

“The dane gun was recovered from him,” Ato said.

The prosecutor said the offences contravened Section 3(1) of the Robbery and Firearms Act, 2004 and Section 222 of the Penal Code, Laws of Benue, 2004. (NAN)

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CRIME

Man Jailed 14 years for Attempted Sexual Assault on Minor

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An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a man, Damilare Adewale to 14 years imprisonment for attempted sexual assault on a 14-year-old girl, (name withheld).

Justice Rahman Oshodi convicted and sentenced Adewale to 14 years imprisonment, following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration.

The convicted was arraigned on the charge of defilement in which he had pleaded not guilty to on Nov.

29, 2021.

The prosecution, bearing the burden of proof pursuant to section 135(1) of the Evidence Act 2011, adduced evidence through two witnesses, the survivor and her guardian, both of whom were subjected to extensive cross- examination by defence.

The survivor, in her testimony, had told  the court she was on her way to a barbing shop when the convict, who lived in her  neighbourhood, accosted and dragged her to his room.

The survivor had further told the court that the convict had expressed his desire to take her to his house but when she refused, he forcibly dragged her to his residence, where he pushed her onto his bed, removed her undergarments and defiled her.

The survivor had also testified that she was crying and shouting during the ordeal and observed blood resulting from the convict’s  actions.

She had confirmed to the court that she was 14 years of age and that it was her first encounter with the convict.

The prosecution, had, however informed  the court on May 27 and said that the convict had opted for plea bargain, which  necessitated the amended charge.

Oshodi, while delivering the judgment, said that he was satisfied that the convict was competent to enter an informed plea and made the guilty plea without oppression.

He said: “Damilare Adewale, you have pleaded guilty to the offence of attempt to commit sexual assault by penetration contrary and I have accepted your plea and convicted you accordingly.

“I must emphasise that you were initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.

“However, through the plea bargain process, you have pleaded guilty to the lesser charge of attempt to commit sexual assault by penetration under section 262, which carries a maximum sentence of 14 years’ imprisonment.

“I have carefully considered your plea for mercy, you told this court that you gained admission to the Open University and learned other useful trades in the Kirikiri Mximum Security Custodial Centre.”

The court thereafter convicted him him on the amended charge.

“After serving your sentence, I believe what you have learned will assist your reintegration into society.

“Having considered all the circumstances of this case, including the seriousness of the offence, the impact upon the victim, your guilty plea, and the terms of the plea agreement, I endorse the agreed sentence of 14 years.

“I hereby sentence you to 14 years’ imprisonment, commencing on 13 August 2020, the date of your remand in custody,” Oshodi said.

The judge also  ordered  that  the convict’s name be registered as a sexual offender under sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. (NAN)

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