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JUDICIARY

Court Orders PSC to Pay rtd AIG Mbu N40m General Damages

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The National Industrial Court on Monday ordered the Police Service Commission ( PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages.

The payment as ordered by justice Osatohanmwen Obaseki-Osaghae, was for the unlawful retirement of Mbu before he attained the mandatory age of 60 years.

” I hold that the claimant’s premature retirement through a press release on July 2, 2016 is unlawful, unconstitutional, null and void and of no effect”.

The court in addition set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force ( NPF), until he attained the mandatory retirement age of 60 on May 10, 2018.

Furthermore, the court ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016 when he was retired until May 10, 2018 when he ought to have retired having attained 60 years.

The judge while delivering the judgment ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 per cent interest per annum.

The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant.

This, the court explained cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending.

From facts, the claimant, Mbu instituted the suit against the commission over his alleged compulsory retirement on July 2, 2016, when he was the commandant of the Police Staff College.

In his statement of facts, he stated that he was born May 10, 1958, and joined the police on Dec. 11, 1985, and had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he was retired in 2016.

The claimant had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement.

He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement.

He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as cost of the suit.

The defendant on its part through processes stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event.

The defendant equally averred that promotion in the force is not automatic and that the claimant did not meet some of the requirements for promotion.

According to the defendant the reorganisation in NPF at the time of the claimant’s retirement followed due process and the claimant was not the only person affected.

The court in its judgment stated that although the defendant abandoned it case by failing to show up in court to conduct its defence, the action did not exonerate the claimant from the burden to proof his case.

The judge submitted that pleadings are not synonymous to evidence as the defendant was never in court regardless of several hearing notices served.

Obaseki-Osaghae in addition stated that the defendant was deemed to have abandoned its case as the claimant’s submissions were not contested.

She said that the claimant having proven his case on its strength through credible evidence without relying on the weakness of the defendant’s, was entitled to some of the reliefs he sought. (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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