Anti-opening Grazing Law: Miyetti Allah Heads to Appeal Court
By Taiye Agbaje
The Miyetti Allah Kautal Hore Social-cultural Association, has approched the Court of Appeal in its bid to upturn the Federal High Court Judgment which refused its challenge of the Anti-open grazing law being implemneted bythe Benue state governemnt.
The Federal High Court sitting in Abuja had on July 4, presided by Justice Okon Abang declined to stop implementation of the law enacted by the Benue State House of Assembly in 2017.
In dismissing the Suite however, Justice Abang awarded N100,000 cost in favour of each of the 14 defendants in the case and ordered that the fines be paid before the plaintiffs could appeal agaisnt the judgment.
The appellants in the case include the Fulani group, Alhaji Abdullahi Bodojo and Mr Saleh Alhassan, while the respondents are National Assembly, Attorney General of the Federation, Inspector General of Police, Benue State House of Assembly and the Benue government, among others.
In the notice of appeal filed on July 30, the plaintiffs sought from the Court of Appeal ”an order allowing the appeal and an order setting aside the lower court’s judgment and ordering a re-hearing of the matter before another judge of the lower court.”
They raised 10 grounds of appeal.
The appellants argued that the lower court was in error in holding that they had no valid originating summons even when they filed an amended one.
”The appellants filed an irregular and voidable amended originating summons on the May 31 without payment of the default tees.
”Yet the lower court held that the originating summons is invalid and a nullity.
”It is trite law that a mistake of counsel cannot be visited on the litigant especial when it is pardonable and the irregular amended process filed on the May 31 is before the court and the lower court have the duty to ensure that the suit of the appellants is heard on the merit.
”The lower court ought not to shut out a litigant by dismissing his claim when the process of court is amended in error without seeking extension of time to amend same.
”More so all the respondents have filed their various counter affidavits against the originating summons.
”The failure to pay the default fees or filing fees for the amended originating summons filed on May 31 only made it at worst a voidable and not void or a nullity.
”The lower court can order the payment of the default fees pursuant to the relevant Rules of the lower court,” they said.
According to them, the under assessment or failure of payment of default filing fees cannot be a basis of punishing the litigant with an order of dismissal of the suit.
“The non-compliance with order 17 rule six of the lower court civil procedure Rules have nothing to do with the jurisdiction of the lower court.
”The low court determined the substantive suit at the interlocutory stage of the suit by holding that the 4th defendant IawfuIIy enacted the Grazing Prohibition ad Ranches Establishment Law 2017 ad further held that the law was duly assented to by the Governor of the Benue in a ruling tagged as judgment,” they said. (NAN)
Bill Barring FCC’s Chairman, Secretary from Same Region Passes Second Reading in Reps
By Ubong Ukpong, Abuja
A bill, seeking to ban the appointment of Chairman and Secretary of Federal Character Commission (FCC), from same region of the country, yesterday,passed second reading in the House of Representatives.
Rep. Unyime Idem (PDP-Akwa-Ibom) while leading debate on the general principles of the bill said that the amendment was brought to reflect the principle of federal character in the Commission.
The lawmaker said that the amendment to the Act has now made provision for the appointment of the Commission’s Chairman and Secretary from different parts of the country.
He said the bill which was read for the first time on July 15, 2021 sought among other things to put in place a legal framework and guide for the presidential appointment of the two key positions of the Commission.
Idem stated that the commission was primarily established to promote, monitor and enforce compliance with the principles of sharing all bureaucratic, economic, media and political posts at all levels of government.
He said that the Act made distinct provisions for the presidential appointment of the Chairman of the Commission and another crucial appointment by the president for the position of the secretary.
The legislator added that the bill sought to amend the provision of the Act to reinstate the position that the two critical positions to be appointed by the president should be mandatory from each region of the country.
Idem said this would be for the effective running and administration of the objectives of setting up of the commission.
The lawmaker while giving highlights of the bill said, “this Bill has an amendment of a Section of about two subsections which are vital and significant to the management and effective administration of the objectives of the commission.
He said it would help in equitable distribution of the key positions in the commission.
Justices of the Apex Court and the Verdict of History
By Eugene Winful
With knees on our necks, gasping for the last breadth of hope for our nation, Nigerians are keeping vigil, by keeping hope alive to witness history in real time. Nigerians, Africa and the world are watching as our legal luminaries and judicial juggernauts take the center stage in these trying times of the State of our Union —adorning their horsehair wigs and gowns.
On whose side will history be? The onus is on their Lordships to prove their mettle as the distinguished jurists they are (or meant to be) in the discharge of their sacred duties.Banish the thought that we might be constrained to say — As the court pleases! —even when we are not quite pleased!
Below are 3 quotes I find interesting from a great Chinese Philosopher, Confucius.
* Isn’t it a pleasure to study and practice what you have learned?-Confucius.
* If I hear the way of truth in the morning, I am content even to die in that evening.-Confucius.
* When we see men of worth, we should think of equaling them; when we see men of contrary character, we should turn inwards and examine ourselves- Confucius.
For a lawyer to rise through the ranks to attain the position of a Judge of the Supreme Court in any country in the world, is a feat worthy of the highest recognition.
In the same breadth, where one who has risen to such enviable pedestal, is found wanting or compromised in one fell swoop, he or she would have completely eroded the years, the honor and dignity the position bestows on him/her.
If Judges have to be put in a position where all they are taught to stand for can be rubbished by greed, by all means, use the prospective baiter as an example to others who might be nursing such thoughts.
I don’t know if this is “lawful”, but pray, can Judges collect the inducement, tender same as evidence in court, and lodge the loot into the coffers of the Judiciary?- just the way Customs and Border Patrol, Police Officers of repute do in developed countries. Then, proceed to deliver judgment against the inducer to set precedent not only to up and coming Judges, but also as a valuable lesson to those who might contemplate indulging in such nefarious acts in order to deter prospective criminals that may think they could buy their way to favorable rulings and judgments.
If Judges can stand for the truth no matter what is dangled before their eyes, rest assured their names will forever be etched in stone.
No dignity equals that of “robed men” who have risen through the ranks in the legal profession to be counted amongst those that discharge fair and unbiased judgments sitting on the Apex Courts. But for such highly placed “supermen” to fall prey or be caught pants down, risking everything they have worked hard for and achieved over decades to attain would be a huge shame to be borne by their families and their generation.
If our Honorable Judges live up to the oath they have so sworn to uphold, by delivering judgments devoid of bias and strictly based on law and facts, it would be a new dawn in the writing of the opening chapter of Hope for a New Nigeria.
Where the other two arms of government are complicit, the Judiciary should stand tall by standing out.
Towards a Democracy-sensitive, People-oriented Judiciary
By Tunde Olusunle
That Nigeria’s very highly regarded *The Guardian* newspaper published a two-part editorial in the immediate past week on the nation’s judiciary, attests to the seriousness with which this arm of government is taken. *The Guardian* has deservedly earned its place in the nation’s media space, having survived four full decades, consistently making regular, daily showings on the newsstands.This is despite the country’s unabated inclement socioeconomic situation which has summarily interred several other similar initiatives over the years. On Thursday March 16 and Friday March 17, 2023, an editorial titled “The judiciary and public criticism” featured on prominent pages of the authoritative publication. The editorial alluded to public denunciation of certain judgments delivered and actions taken, by the nation’s apex court and its leadership. Principally cited in the commentary, are pronouncements gifting Ahmed Lawan, president of the Senate, and Godswill Akpabio, former governor of Akwa Ibom state, tickets to contest the recent senatorial elections. Such appropriation was done by the Supreme Court, even when both political leaders did not participate in the primaries which would have presaged their emergence.
Little known Bashir Machina had won the senatorial ticket for Yobe North, while Lawan was contesting the presidential ticket of the All Progressives Congress, (APC). Udom Ekpoudom a former deputy inspector general of police, (DIG), had also contested to represent Akwa Ibom North West zone in the senate, while Akpabio from the same zone, sought without success, the ticket of the nation’s top job. To the consternation of most followers of Nigerian politics, however, the Supreme Court ruled in favour of Lawan and Akpabio! Lyrics from *Unknown Soldier,* one of the classic hits of the maverick Afrobeat precursor, Fela Anikulapo-Kuti, appropriately capture such bewildering turn of events. Fela alludes to “government magic” which turns “red into blue and electric into candle!” The January 2020 “installation” in confounding circumstances, of Hope Uzodinma, by the Supreme Court, as governor of Imo State a few years ago, and the displacement of Emeka Ihedioha, remains fresh in popular consciousness.
Unsettled by accentuated public angst and vituperations against the Lawan/Machina and Akpabio/Ekpoudom twin-rulings, the Supreme Court through its director of information and press affairs, Festus Akande, issued a rejoinder. Titled: “Be mindful of unwarranted attacks on the judiciary,” the statement countered insinuations to the effect that sections of the judiciary had been compromised. Akande had stated that the concoctions to the effect that its justices were bought over “by some unknown and unseen persons, was nothing short of a bizarre expression of ignorance.” The release was very obviously a response to public bewilderment to the apex court’s arbitration in the substantial political litigations of Lawan vs Machina, and Akpabio vs the Independent National Electoral Commission, (INEC) and other interested parties. The Supreme Court, Dr Akande noted, was overburdened with nearly 600 cases deriving from the primaries of the various parties. The topmost arbiter in the land, Akande advanced, “was duty-bound to adjudicate on the matters brought before it to the best of its ability and in accordance with the law.”
Our recent very highly controversial and largely opaque general elections, have spawned additional responsibility for the Supreme Court. From parliamentary, to gubernatorial and thenceforth to the presidential elections, fall-outs, without doubt, will engage election tribunals and be escalated to the Supreme Court, in the weeks and months to come. Of the multilevel petitions emanating from the polls, that of the presidential election engenders the most interest and attention of Nigerians and indeed the global community. This is understandable given the pivotal place and preeminence of the president to the superintendence over, and guardianship of the people and the state. A winner, Bola Tinubu of the All Progressives Congress, (APC), was in the early hours of Wednesday February 28, 2023 returned by INEC.
There are, however, crystal clear, convincing and compelling reasons to interrogate the authenticity and veracity of the electoral exercise which produced him, in its totality. INEC which supposedly, had been preparing for the recent elections for four full years since the last general polls, pooling resources close to the one billion US dollar mark, delivered a complete sham, a shameful string of elections. INEC’s pretences and deceit of Nigerians about technological innovations to enhance and ensure seamless, fraud-proof, open, transparent and believable elections, was a colossal scam. The process was a perfidious bouquet of gross impunity, unashamed indiscretions, unparalleled and unpardonable lawlessness, unacceptable violence, brazen electoral thievery and mass disenfranchisement among others. The Centre for Democracy and Development, (CDD), reports that Nigeria’s recent electioneering, claimed 109 lives, which means more than one death per day within the period.
Mahmood Yakubu, a professor of History and INEC’s chairman for a second term of four years, delivered the most preposterous general elections this fourth republic. If the performance of Maurice Iwu, also a professor and Yakubu’s last but one predecessor was presumed controversial, Yakubu has unwittingly beatified Iwu. Yakubu’s outing fell way below the basement of global best practices. The characterisation of the elections by the local and global media, has been most unsparing. *The Economist* described the presidential election as “a chaotically organised vote and messy count.” An editorial by *The Financial Times* said the poll was “deeply flawed” and the winner “a wealthy political fixer.” *Aljazeera* wrote about “How violence robs Nigeria of their votes.” A Canadian newspaper also writes that “depression, anxiety, uncertainty be-clouds Nigeria’s political space as a drug-kingpin wins the election.”
Yakubu’s regime which popularised the culture of “inconclusive elections,” has equally introduced the dismissive expression, “go to court,” to the nation’s electoral vocabulary, in direct reference to disaffected parties. Atiku Abubakar, Nigeria’s former vice president, flew the flag of the Peoples’ Democratic Party, (PDP) at the recent presidential poll. There is substantial, even mind-boggling evidence to the effect that he won the election. Theories and hypotheses about the pre-election cannibalism of his vote tally by Peter Obi’s breakaway from the PDP to the Labour Party, (PDP), and the *G-5* governors, fall flat in the face of tangible evidence. Obi, by the way, filed his petition investigating the process of the emergence of Tinubu as president-elect, 24 hours before Atiku’s.
There is apprehension that electoral malfeasance as already committed and legalised by the issuance of the apposite “Certificate of Return,” (CoR) is *fait accompli.* Atiku, however, is calling for the withdrawal of Tinubu’s CoR, on the basis of “noncompliance with the electoral act, which invalidates Tinubu’s election.” While observing that by-passing and non-use of BVAS in the transmission of results impugned the integrity of the polls, Atiku also listed a dozen corrupt practices perpetrated by INEC to swing the election in favour of Tinubu. The suppression of votes; manipulation of ballots and ballot boxes; manipulation of BVAS machines; manipulation of accreditation and collation, and the manipulation of election material(s) delivery, feature among these infractions. Manipulation of election material(s); reverse logistics; massive thumb-printing of ballot papers, destruction of electoral materials; mutilations, cancellations; overwriting on result sheets, have also been highlighted in the petition. Atiku urges the court to either declare him Nigeria’s president or order a fresh election. Atiku’s core desire is that the votes of the people, their franchise, should count, consistent with global democratic traditions and expectations.
Flowing from recent experience where the judiciary has been repeatedly kicked around and disrespected by the executive, there are palpable concerns that the judiciary as presently constituted may not be in a position to deliver justice. The homes of revered judges and justices were breached under the cover of night in places, by operatives of the secret police, ostensibly to search for monies paid to them to influence judgements, under the present regime. The manner of the suspension, arraignment and summary retirement of Walter Nkanu Onnoghen, former CJN within the 2019 electoral season, reaffirms the dilemma of the judiciary under an all-powerful executive arm of government. There are apprehensions about the plausibility of objective, dispassionate, independent opinion and adjudication, by the Supreme Court. Yet, there is no better time for the judiciary to exercise its professionalism, forthrightness, and alignment with popular will and democracy, than at this time in our national and democratic evolution.
Certain video clips have been trending of late, depicting the incumbent CJN, Olukayode Ariwoola as presumably politically partisan. Ariwoola spoke at a banquet in his honour in Port Harcourt late last year, expressing delight that the governor of his state, Seyi Makinde, was a member of the *G-5* faction of governors in the PDP. Whereas Ariwoola said he intended to recommend to the Oyo State governor the handbook of infrastructural development in Rivers State, the manner of his expression lent itself to dialectics. There are also salient doubts accentuated by the nepotistic governmental manual operated by the outgoing President Muhammadu Buhari. Faith and ethnicity, more than anytime in our political trajectory, sadly, have played very critical roles across the broad canvas of governance and administration under Buhari.
There are reservations that justice may be difficult to get under a judiciary headed by a kinsman of the president-elect, if the latter, who hails from Lagos State, gets sworn-in. CJN Ariwoola hails from Oyo, in the same south west geopolitical zone like Bola Tinubu. An online newspaper has just reported that Ariwoola was in London on a short vacation, during which he will hold a secret meeting with Tinubu who himself was reported to have travelled to Paris earlier this week. Will all of these impact on honesty, believability and transparency at the coming arbitration? This is a unique opportunity for the judiciary to rediscover and reassert itself as the irrepressible temple of truth and justice in the service of democracy and the people.
*Tunde Olusunle, PhD, is Special Adviser on Media and Publicity to Atiku Abubakar, GCON, presidential flagbearer of the Peoples’ Democratic Party, (PDP)*
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