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Brutality: Journalist Floors Police, GTB at Appeal Court

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The Appeal Court in Abuja on Tuesday affirmed the judgment of High Court of Federal Capital Territory in a fundamental human rights enforcement suit filed against the Guaranty Trust Bank (GTB) and the Nigerian Police Force by Abuja based journalist and publisher of FreshNEWS Online Media, Desmond Utomwen.

Utomwen, a former staff of TheNEWS Magazine, had dragged the Bank and the Police to court over his molestation at the Area 3, Garki Abuja branch of GTB on 11th December, 2009.

The journalist had gone to the bank to cover a protest by some Nigerians over allegations that officials of GTBank were involved in fraudulent withdrawals of large amounts via the bank’s Automated Teller Machines (ATM).

However, policemen attached to the bank and bank officials had descended on him,   beat him till he became unconscious and then seized his identity card, N2,000, camera, and digital recorder.

The journalist was subsequently detained at the Garki Police Station for several hours during which he was denied access to medical treatment.

The reporter consequently filed a fundamental rights enforcement suit in court.

In a landmark judgment delivered on 12 October, 2012, Justice Peter Kekemeke of FCT High Court declared that the actions of the GTB and the  Police was a violation of the reporter’s right to freedom from inhuman and degrading treatment, right to own moveable and immoveable property.

The Judge held that by their action, the respondents violated the right to freedom of the press and expression as enshrined in sections 34, 39, and 44 of the constitution.

Justice Kekemeke also ordered the Bank and the Police to pay the sum of N100 million as damages for their wrongful act and to immediately return all the items seized from the journalist.

But the Police and GTB Bank had appealed the judgment.  

Delivering judgment in the appeal on Tuesday, Justice Godswill Amadi of Court of Appeal, Abuja affirmed the verdict of the lower court.

He said the appellants did not state anything in the appeal to dispute the facts on which the lower court based its judgment.  He however reduced the monetary compensation from N100 million to N20 million. 

“Honestly, the lower court did a great job in evaluation of the evidence and arrived at correct findings and conclusion on the breach of the fundamental human rights of the first respondent (Desmond Utomwen) by the Police at the behest and active instigation of the appellant.” The Justice stated.

Utomwen’s lawyer Ugochukwu Ezekiel told journalists that the ruling is another strong warning to law enforcement agencies to desist from violating the human rights of Nigerians.  Ugochukwu however said he may appeal the reduction of the N100 million awarded to the journalist by the FCT High Court to N20 by the Appeal Court.

Also, Utomwen, who is a co-founder of Centre Against Brutality And For Safety Of Journalists In Africa (CABSOJA) said the judgment of the Court of Appeal is another affirmation of the rights of journalists to do their work without being molested.

In the judgement, the Appellate Court held that the right to protest is an inalienable right of the citizen and a newsworthy event deserving coverage by journalists. The Justice added that from the entirety of the evidence, it was clear that the Police, upon invitation and active instigation by agents of GTBank unlawfully arrested, brutalized, and illegally detained Utomwen and forcefully seized his working tools as well as forcefully quelled a peacefully protest with brute force, thereby infringing on the rights of both the  peaceful protesters and the innocent journalist from performing his civil and professional duties.

The Justice who maintained that there was no justification in law for the brutalization, restriction, and seizure of the working tools of Desmond Utomwen also held that the Police and agents of GTBank had acted in in breach of personal liberty, freedom of speech, human dignity and freedom of press in the crass and debasing manner they ill-treated and brutalized the journalist in contravention of section 39 of the Constitution.

“I therefore without any hesitation dereplicate the action of the Nigerian Police in willingly lending themselves to use by the GTBank to suppress a peaceful lawful protest for the sole purpose of turning it into riot to enable them descend on innocent protesters and journalist carrying out their legitimate duties of informing the public.”

“I enjoin the Police to refrain from such unwarranted actions against the civil rights of the citizens of this country by attempting to criminalize every form of civil life of people of this country. This country it must be stated belong to all the citizens including all the leaders, the led and all the security agencies- Police, DSS, EFCC and others. The attitude of security agencies in beating and disregarding the rights of the generality of the citizens as being adversary to the leaders and security agents, both maintained by tax  payers monies must be disregarded from now.”

“The standard of care expected from the Police in the discharge of its duties is an objective one as permitted by law. It is not a subjective one. It must not be left to their whims and caprices. The Justice concluded.”

NEWS

Yuletide: Bode George Urges Tinubu to Reduce Petrol Price

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Chief Bode George, a former Deputy National Chairman of the Peoples Democratic Party (PDP), has urged President Bola Tinubu to reduce the price of petrol   to N300 per litre ,to make things easy for Nigerians during the festive season.

George, the Atona Oodua of Yorubaland, made this plea at an interactive session with newsmen on Wednesday in Lagos.

The price of Premium Motor Spirit, popularly known as petrol, is currently above N1,000 per litre.

According to the elder statesman,Nigerians  are going through hardship, the President should give an order to reduce fuel price, specifying time frame the people will enjoy such window of relief.

He said that the federal government as well as well- meaning individuals and businesses could bear the cost of such price slash , to bring happiness to all Nigerians.

The PDP leader, who noted that December and January are  special months , said that such gesture could start from the  middle of December and run through January.

“I have been thinking, as a Nigerian, what can we do because the anger and the hunger are almost equal on the streets of Nigeria.

“What am I suggesting is that Mr President should sit down with his managers and give an order that from the middle of December to the end of January, the cost of petrol will be N300 per litre.

“The government can absorb the losses in the interest of the suffering people.

“If they (government) want others to contribute, let us know how much that is going to cost and ask people to donate, to bear the cost.

“We will be sending a lot of messages of happiness across the tribes and homes.

“Everybody in Nigeria will be happy because it will positively impact on this period of the year. It is a challenge and he (Tinubu) can do it.

“We need this in this December and January to put smiles on the faces of Nigerians, ” George, a PDP Board of Trustees (BOT) life member, said.

Advising the President to take further measures to bring relief to the people, he said that the gesture would crash prices of essential commodities and services for the benefit of all .

He said that government’s efforts should be concentrated on reducing high inflation rate, unemployment, poverty and youth restlessness  in order to create a better future for Nigerians

Speaking on the recent presidential election in Ghana, George noted that Nigeria’s electoral system  needed reforms to guard against electoral frauds and manipulations.

According to him, the nation will continue to grope for development if the system fails to encourage best candidates  to emerge.

Stating that election must reflect the wishes of the people and be devoid of  religious and tribal sentiments, George said that Ghana election should be a wake up call for Nigeria.

“INEC performance must improve. The commission must make sure that the voice of the people is  heard in elections.

“Electoral offenders should be made to face the music and sent to jail. We must be very firm about due process, credibility and transparency in elections,” he said.

Urging the President to revisit resolutions in the 2014 Constitutional Conference, George said that the current constitution was not federal in principle and practice.

“We should not deceive ourselves, the constitution is a problem. It is a military constitution, it is not democratic,” he said.

George called on the National Assembly to ensure devolution of powers and electoral reforms that would do away with manual collation of election results and mandate electronic transmission of election results from polling units.

George disagreed with political watchers saying no  vacancy in  presidency in 2027.

On the dwindling strength of the former ruling party, George, who noted that all organisations had its ups and downs, said that selfish interests and disregard for  party rules remained PDP’s major challenge.

He said that PDP could bounce back and win presidential election if the leadership decided to elevate national interest above selfish interests and adhere to the party’s constitution.

“We will tell ourselves some serious old truth. We messed ourselves  up. ” he said.

Stating, however, that the PDP was not dead, George said that lack of justice, equity, fairness and the inability to adhere to the  party’s zoning and rotational principle cost the party victory in 2023.

Calling on the party’s founding fathers alive to wake up and rescue the party, George said that Nigerians were still waiting for the former ruling party to take over power and put things right. (NAN)

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NEWS

Tinubu Set for Groundbreaking of Renewed Hope City in Lagos 

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President Bola Tinubu, is set to perform the  groundbreaking of 2,000 housing units of the Renewed Hope City in Ibeju Lekki, Lagos, in the next few weeks.

Mr Ahmed Dangiwa, Minister of Housing and Urban Development, announced this during an official assessment visit, on Wednesday in Lagos

Dangiwa said Lagos would represent the South-west, while the president would do that of the North-West in Kano, before doing that of the four other regions.

“Arrangements is already on ground, we have gotten sites, and work has commenced for 2000 houses in the Renewed Hope City that we intend to build in Ibeju-Lekki,” he said.

Towards achieving the set goal, the minister said the visiting team also paid a courtesy visit to Gov.

Babajide Sanwo-Olu to discuss area of collaboration between the federal and state governments.

He disclosed that the federal and Lagos state governments had agreed to set up a Tripartite committee and ensure all the issues of concerns between the parties were resolved amicably for the benefit of all.

Earlier, the Minister embarked on an assessment visit of deplorable Federal Government buildings and assets across Lagos state in a bid to commence rehabilitation on them in a few months.

Dangiwa said the rehabilitation was necessary as the deplorable buildings posed a challenge and security concerns to the Lagos state government. (NAN)

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NEWS

Gov. Alia Presents N550.1bn as 2025 Budget Estimate to Benue Assembly 

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Gov. Hyacinth Alia on Wednesday presented the sum of N550.1bn as the 2025 appropriation bill to the Benue State House of Assembly for consideration and passage into law.

Alia told the lawmakers that out of the total budget size, N175.4 billion is for recurrent expenditure while the N374.

7 billion is for capital expenditure.

The governor said that the total estimate represented a 47.

5  per cent increment over the 2024 revised and approved figure of N373 billion.

He stated that the appropriation bill tagged “Budget of Human Capital Development, Food Security, and Digital Economy” was to consolidate the gains made in 2024.

Alia further explained that the proposed recurrent expenditure of N175.

4 billion was 13.55 per cent higher than the previous year.

According to him, budgeted capital expenditure of N374.7 billion represents a 71.5 per cent increment on the 2024 revised capital expenditure.

“The budget breakdown indicated that the sum of N212.2 billion, representing 38.52 per cent is for administration; N196.6 billion, representing 35.68 per cent is for the economy; law and justice will take N26.6 billion, representing 4.84 per cent while social welfare will gulp N115.5 billion, representing 20.96 per cent.

“We have the vision. We have the will. And most importantly, we have the people ready to work alongside us to turn this vision into reality.

“Together, we will build a state where every citizen has the opportunity to succeed, where food is plentiful, and where the digital economy opens new frontiers of opportunity for all,” he said.

The governor said the intention of the government was to stay within the limits of its recurring revenue to build the state without accruing unnecessary debts for generations unborn.

He, however, said that since the 2025 budget was a deficit one, it proposed a borrowing plan of a conservative sum of N26bn, representing a modest 4.7 per cent of the proposed aggregate expenditure for 2025.

“This is lower than the state’s debt-to-GDP ratio of 8.2 per cent which is within the benchmark of the 25 per cent debt sustainability threshold.

“Despite these favourable debt ratios, I want to reiterate that borrowing will only be considered as a last resort and for regenerative investment purposes,” he added.

Alia stated that the problem of Internally Displaced Persons (IDPs) remained a challenge, adding that they have reasonably improved their living conditions.

He said the Bureau of International Cooperation and Development has elicited substantial grants from donors, totalling N85bn. (NAN)

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