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JUDICIARY

Judiciary Funds must be deducted Directly From Source by AGF – JUSUN Insists

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The Judiciary Staff Union of Nigeria (JUSUN) on Thursday insisted that each state must implement its self-accounting law in dealing with Internally Generated Revenue.

JUSUN, in a statement issued by its General Secretary, I. M. Adetola, in Kaduna, said:”each state should implement its self-accounting law or Fund Management law in dealing with IGR also known as state consolidated fund, in accordance with Section 121(3) of the 1999 Constitution of the Federal Republic Nigeria as amended.

”The states that have not yes signed the Bill into law should do so without delay.” JUSUN said

Furthermore, the JUSUN maintained that amount standing to the credit of the judiciary from the monthly federal allocation should be deducted directly from the source by Accountant General of the Federation and remit same to National Judicial Council (NJC) for onward transmission to heads of courts

“For the Federal Allocation, the Budget of each State Judiciary submitted to the implementation committee (received on Oct.

2, 2020) should be implemented by deducting the amount due to the state judiciary directly from source by Accountant General of the Federation.

”This is in accordance with Section 81(3), Section 162(9) of the 1999 Constitution of the Federal Republic Nigeria (as amended) for the states. The Accountant General of the Federation should be directed accordingly.

The union also said that the implementation requested above should include payment of the arrears from the month of October, 2020

JUSUN on April 6, following a  directive on its members to shut down all courts across the country, members complied with the directive and mounted guard at the entrance of the courts to ensure that no one entered the court premises.

The action has crippled court proceedings as well as commercial activities around the court premises.

A verdict of the Federal High Court in Nigeria’s capital, Abuja, had in January 2014, held that financial autonomy for the judiciary is a constitutional provision that must be complied with by the executive branch of government.

NAN reports that on May 23, President Muhammadu Buhari signed into law the Executive Order to grant financial autonomy to the legislature and the judiciary across the 36 states of the country.

The order also mandates the accountant-general of the federation to deduct from source amount due to state legislatures and judiciaries from the monthly allocation to each state for states that refuse to grant such autonomy.

The Minister of Justice, Abubakar Malami, the Executive Order No. 10 of 2020, made it mandatory that all states of the federation should include the allocations of both the legislature and the judiciary in the first-line charge of their budgets.

According to the AGF, “a Presidential Implementation Committee was constituted to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).”

The Nigeria Governors Forum (NGF) on Thursday said they will start implementing financial autonomy for the judiciary latest by May ending, a pledge that indicates that an end to the ongoing strike that has crippled the nation’s judiciary may be in sight.

The governors also called on striking members of the JUSUN to call off their two weeks old strike.

The chairman of the NGF, Gov. Kayode Fayemi of Ekiti, gave this assurance in an interview with journalists after meeting with ‘stakeholders’ from the state judiciary and legislature at the Presidential Villa in Abuja.

He said the modalities for the implementation were worked out at the meeting held at the Presidential Villa.

According to him, the meeting, chaired by the Chief of Staff to President Buhari, Ibrahim Gambari, was attended by the Solicitor-General of the Federation, the representatives of the judiciary, the representatives of the Conference of Speakers, and House of Representatives. (NAN)

JUDICIARY

Court Orders VDM to Remove Defamatory Posts on Falana, Son

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An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his son, Folarin, also called Falz.Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on Sept.

24 against the Falanas.The court also ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju within 14 day.
The judge said: “the defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.“He is to bring down the defamatory video about the applicant which was published on Sept.
24 on all his online social media handles pending compliance with the pre-action protocol of the court.“Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju.“The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.”The court made the orders following an ex parte originating application made by Falana and his son against the actions of VDM where he published “unverified audio recording of a one sided narrative by cross dresser Bobrisky” alleging perversion of justice by the family.Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him.Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on all his social media handles for the defamatory words contained in the viral video. (NAN)

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JUDICIARY

Man Bags 7 Years Imprisonment for Raping 11-yr-old in Kano

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A Federal High Court sitting in Kano, on Monday, has sentenced 33-year-old Nasiru Isa to seven years in the correctional centre for sexually exploiting an 11-year old girl.

The Presiding Hon. Justice S .M. Shu’aibu convicted Isa, who resides in Darmanawa Bayan Gidan Kallo of Tarauni Local Government Area (LGA) of the state, on a one-count charge of sexual exploitation.

Shu’aibu summarily tried and sentenced the defendant after he pleaded guilty to the charge.

He held that the Prosecution Counsel, Abdullahi Babale, proved his case beyond reasonable doubt and consequently sentenced the defendant to seven years without an option of fine.

According to him, the convict is to pay additional N1 million fine as compensation.

Earlier, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Kano State Command, alleged that the defendant committed the offence at Darmanawa Quarters,Tarauni LGA, Kano State on October 5.

Babale said that the defendant allegedly lured his neighbour’s 11-year-old daughter into his wife’s room and sexually exploited her.

“The defendant had sex with the survivor on three different occasions.

“Once in the defendant’s wife’s room and twice at an uncompleted building.

“The defendant gave the survivor bread, groundnut and N20 before sexually exploiting her,” Babale told the court.

The prosecution presented two exhibits, including the confessional statement of the defendant and the survivor’s testimony, to the court to prove his case.

Babale said that the offence contravened the provisions of section 16(1) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Sec 26(1) of TIP ACT 2015. (NAN)

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JUDICIARY

Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial

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A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.

The defendants also on Jan.
18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan.
22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.
But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NAN

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