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JUDICIARY

Court to Deliver Judgment in Nnamdi Kanu’s Suit Against DSS

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A Federal High Court, Abuja has fixed July 20 for judgment in a suit filed by Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) seeking an order to allow him unhindered access to his medical doctor.

Justice Binta Nyako fixed the date after Kanu’s counsel, Chief Mike Ozekhome, SAN, and lawyer to the DSS, A.

M.
Danlami, adopted their processes and presented their arguments for and against the suit.

Kanu, through his team of lawyers led by Ozekhome, had sued the DSS and its Director General as 1st and 2nd respondents in the matter.

Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the DSS to allow him have unhindered access to his medical doctor, among others.

The court had, on Feb. 1, granted Kanu, the permission to apply for an order of mandamus he sought after an ex-parte motion moved by Ozekhome to the effect.

But in a preliminary objection filed by the DSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.

It argued that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo (rtd.) on June 3, 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS and two others wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.

It said the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgment.

Upon resumed hearing, Ozekhome told the court that the motion dated Feb. 2, was served on the respondents Feb. 3, seeking for an order of mandamus against the respondents to allow the IPOB leader unfettered access to his doctor in accordance with the earlier order of Justice Nyako, which he alleged had been flouted by the DSS.

The senior lawyer argued that the act was against Section 7 of the Anti-Torture Act.

He said 10 exhibits were attached to the affidavit and two of the exhibits detailed Kanu’s medical report before he was renditioned on June 27, 2021 and medical report of his present health status.

He said their application was that an independent doctor should be allowed to attend to him in the presence of the security operatives.

He further argued that a defendant, based on the provisions of the law, should stand his trial and not to be on wheelchair while being prosecuted.

“We asked if we could see his medical report and they are refusing and if he dies, this will cause national commotion,” he said.

Ozekhome, who said that a further affidavit was also filed in the suit, said two exhibits were attached to it.

According to him one of the exhibits is a certified true copy of the judgment of a Federal High Court, Umuahia.

“In the judgment, the court awarded the sum of N500 million damages against the respondents for illegal rendition of the defendant from Keyan to Nigeria,” he added.

Besides, he said a Court of Appeal sitting in Abuja had exonerated him in a judgment when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him

“What we they lose to allow an independent doctor to examine him in their presence,” he said.

“We rely on all the processes to humbly request you to grant our omnibus prayers,” he said.

He dismissed allegations that Kanu jumped bail on April 25, 2017 after the court granted him bail.

The lawyer, who argued that Kanu, rather, escaped a military invasion at his residence, said as soon as he got to Israel, he deposed to an affidavit to the effect.

Contrary to the DSS’ argument that the matter was similar to the earlier one decided by retired Justice Taiwo, Ozekhome argued that the claims, the subject matters and the parties in the two matters were different.

“We filed a counter of five paragraphs. In the instant case, there are two respondents, but in the suit they referred to, there were three respondents.

“So on the issue of parties, they failed.

“On subject matter, this suit is seeking an order of judicial review by way of mandamus but in the other suit, it was filed for the enforcement of his fundamental rights and not judicial reviews.

“The former suit sought 11 reliefs but ours has two reliefs,” he said.

He argued that the law allowed that an aggrieved party could filed more than one case where facts of his case disclose multiple cause of actions.

On his part, Danlami urged the court to dismiss Kanu’s plea for lack of jurisdiction.

The lawyer said in their counter affidavit with four exhibits, one of the exhibit showed that Kanu was physically and clinically sound.

“We urge my lord to dismiss this suit in the interest of justice and national interest,” he said.

The judge adjourned the matter until July 20 for judgment.(NAN)

JUDICIARY

Man, 24, Jailed 6 Months for allegedly Stealing Canned Beer, Drinks

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An Abeokuta Magistrates’ Court on Friday sentenced a 24-year-old man, Wisdom Emmanuel, to six months imprisonment for stealing canned beer and other soft drinks valued N216,000.

The convict, whose address was not provided, was convicted on a one-count charge of stealing.

The Magistrate, Mrs B.

V Williams held that the prosecution had proved its case beyond reasonable doubt, while the defendant was guilty as charged.

She, however, sentenced Emmanuel to six months imprisonment without an option of fine.

Earlier, the Prosecution Counsel, Insp.Lawrence Olu-Balogun, told the court that the defendant committed the offence on May.

18 at about 2:30am at No 2 Olubara Road Housing Estate, Ibara in Abeokuta.

Olu-Balogun said that the convicts broke into the shop of one Mrs Taiwo Olayinka and stole different brands of can drinks, and cartons of Indomie

“Emmanuel entered the shop of the complainant at mid-night and stole one pack of canned Guinness valued N12,000, 12 pieces of Lord’s dry gin valued N18000, 12 pieces of canned Bullet valued N24,000.

“He also stole eight cartons of Indomie valued N64,000, five packs of Maltina valued N20,000, six pieces of Five Alive valued N18,000, six pieces of 33 canned beer valued N5000.

“12 pieces of Goldberg valued N12,000, twelve pieces of Legend Stout valued N12,000, two pieces of Coca-Cola valued N700, and a cash sum of N20,000 all valued N216,000,” he said.

He further explained that the convict was caught by the patrol team of the police, while some of the stolen items were recovered from him.

The prosecutor, however, said the offence contravened sections 383 and 390(9) of the Criminal Code Laws of Ogun 2006. (NAN) 

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JUDICIARY

Emirship tussle: Court rule against Kano govt, others challenging jurisdiction

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The Federal High Court sitting in Kano has on Thursday, ruled against Kano State government and others challenging the jurisdiction of the court to entertain the issue of fundamental human rights instituted by a Kano traditional holder, Aminu Babba Dan’Agundi in connection with the Emirship tussle.

Recall that the applicant, who is the traditional title holder of Sarkin Dawaki Babba of Kano emirate, Aminu Babba Dan’Agundi had approached the court seeking for enforcement of his fundamental human rights claimed to have been violated by government action in the Emirship tussle.

The respondents in the suit are Kano State Government as 1st respondent, Kano State House of Assembly (2nd), Speaker of Kano State House of Assembly (3rd), Attorney General of Kano State (4th), Kano Commissioner of Police (5th), Inspector General of Police, IGP (6th), NSCDC and DSS as 7th and 8th respondents respectively.

Delivering the ruling on jurisdiction on Thursday, the presiding judge, Justice Abdullahi M. Liman, ruled that the court has jurisdiction to entertain the matter concerning the applicant’s fundamental human rights.

Justice Liman gave the ruling relying on Section 42 sub-section 1 and Section 315 of the 1999 constitution as amended.

However, reacting to the ruling, the Counsel to the 2nd and 3rd respondents, Ibrahim Isah Wangida, said he will meet with his client to decide the next line of action whether or not they will take the option to appeal the ruling in the Court of Appeal.

Meanwhile, the judge, Justice Liman, adjourned the matter till Friday for hearing of all pending applications saying the case is too sensitive for it to be dragged for too long.

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COVER

LG Autonomy: S/Court Reserves Judgement on FG’s Suit against 36 Govs

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By Lubem Myeorny, Abuja

The Supreme Court yesterday reserved judgment in a suit filed by the Federal Government against the governors of the 36 states of the federation over alleged misconduct in the administration of Local Government Areas.

Justice Garba Lawal, who led a seven-member panel of Justices of the apex court reserved judgment after all parties, adopted their various written addresses earlier.

Lawal said the date for judgment will be communicated later.

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, had on behalf of the federal government sued the 36 states over the manner the governors are running the LGs funds.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.

Fagbemi in the originating summons is praying the Supreme Court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

He also sought an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system.

He applied for an order of injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the federation account for the benefit of local governments when no democratically elected local government system is put in place.

Fagbemi asked the apex court to invoke sections 1, 4, 5, 7, and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.

The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

In a 13-paragraph affidavit in support of the originating summons deposed to by Kelechi Ohaeri from the AGF’s office, Fagbemi averred that he filed the suit under the original jurisdiction of the Supreme Court on behalf of the federal government.

The deponent asserted that the local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to the local government system recognised by the constitution.

That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to, at all times, give effect to the Constitution, and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

Other prayers include: that the constitution of Nigeria recognises federal, state, and local governments as three tiers of government, and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

By the provisions of the Constitution, there must be a democratically elected local government system, and the Constitution has not made provisions for any other systems of governance at the local government level other than a democratically elected local government system.

In the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system, even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

The failure of the governors to put a democratically elected local government system in place is a deliberate subversion of the 1999 Constitution, which they and the President have sworn to uphold.

Fagbemi also said that all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system have not yielded any result.

The AGF said that the federal government continued to disburse funds from the Federation Account to the governors for non-existing democratically elected local governments to undermine the sanctity of the 1999 Constitution.

He averred that in the face of the violations of the 1999 Constitution, the federal government is not obligated, under Section 162 of the Constitution, to pay any state funds standing to the credit of local governments where no democratically elected local government is in place. 

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