JUDICIARY
Appeal Court reserves Judgment in Kanu’s Appeal

The Court of Appeal, on Tuesday, reserved judgment in the appeal filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, challenging the against terrorism charge filed against him by the Federal Government.
The appellate court announced that its date for judgment will be communicated to parties in the suit.
Kanu, had faulted the order of Justice Binta Nyako of a Federal High Court, Abuja, which said he should respond to seven out of the 15 count terrorism charge against him and had approached the court to set aside the order.
However, after listening to the arguments, presiding Justice Hanatu Sankey said “judgment has been reserved to a date that will be communicated to parties”.
In arguing the appeal, Kanu’s lawyer, Mike Ozekhome, SAN, told the three-member panel that Kanu was first arraigned on Dec. 23,2015, and granted bail on April 25, 2017.
He explained further that agents of federal government (the respondent) had launched a military operation, code named “Operation Python Dance” at the appellant’s home town in September 2017, which forced him to escape out of the country, to Isreal, then London.
He recalled that on June 27 2021, the federal government forcefully arrested Kanu in Kenya and renditioned him back to Nigeria in most cruel and inhuman manner”.
“On 29 June, 2021, the appellant was taken to court by the federal government, where he was rearraigned.
“Following the appellant’s preliminary objection to the 15-count charge preferred against him by the federal government , the trial judge, Justice Nyako of the Federal Hight Court Abuja, on April 8, 2022, struck out eight counts.
“Our humble submission is that the remaining seven counts ought not to be retained by the trial court because, before the time Kanu was renditioned to Nigeria from Kenya, he was facing five-count charge”.
Ozekhome submitted that, going by Section 15 of the Extradition Act, “Kanu is not supposed to be charged without the approval of Kenyan government.
“The remaining seven counts, cannot stand, being filed illegally without following due process under the rule of specialty as envisaged under Section 15 of the Extradition Act.
“Counts one, two, three, four, five and eight which were retained by the Federal High Court, were offences allegedly committed by the appellant (Kanu) before his forceful rendition to Nigeria.
“These allegations of rendition were never denied by the federal government and you cannot sustain the charge when you extradited the appellant without the approval of Kenyan authority.
In addition, Ozekhome argued that when charging for an offence, “you must mention the particulars and location where the office was committed.
“But in this case, the appellant was charged without stating where the offence was allegedly committed .
Kanu’s lawyer contended that by section 45 (a) of the Federal High Court Act, with regards to criminal charge, the trial court does not have “global jurisdiction”.
More so, “Section 195 and 196 of Administrattion of Criminal Justice Act (ACJA), state that a charge must have date, time, location etc.
He insisted that there was no need for the FHC to retain the remaining 7 counts, and therefore urged the panel to take over the charges and strike them out.
The senior lawyer also asked the appellate panel to hold that the respondent has not furnished the court with any prima facie case against the appellant for which he is being charged.
Reacting, the Federal Government’s lawyer, Mr David Kaswe urged the court to dismiss the appeal for lacking in merit. (NAN)
JUDICIARY
Judiciary Workers Threaten Strike from June 2

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)CRIME
Court Remands 18-year-Old Student for Alleged Murder

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)
CRIME
Man Jailed 14 years for Attempted Sexual Assault on Minor

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)