JUDICIARY
LG Autonomy: S-Court Gives Governors Seven Days to Respond to FG’s Suit
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By David Torough, Abuja
The Supreme Court yesterday, ordered the Governors of the 36 States of the Federation, to within seven days, enter their defence to the suit the Federal Government filed to secure full autonomy for the 774 Local Government Areas (LGAs).
The order followed an application that FG, through the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, for accelerated hearing of the matter and for the abridgment of the time allowed for all state governors to file their response to the suit.
In its ruling, a seven-man panel of the apex court led by Justice Garba Lawal, said the AGF should upon receipt of the processes containing defence of the governors, respond to it within two days.
The panel fixed June 13 to commence full-blown hearing of the matter.
Meanwhile, the Chairman of the body of Attorneys General of the States, Mr. Ben Odoh, who is the Attorney General of Ebonyi State, was present during the proceeding.
Mr. Odoh told the apex court that he was not opposed to the request for the abridgment of the hearing date.
However, he requested for the respondents to be allowed to file their defence to the matter, within 15 days.
While declining to extend the time for the respondents, Justice Lawal said the decision of the apex court was hinged on the fact that the matter is of utmost national importance as well as the urgency of the case.
The court directed that filing of all processes and exchanging of same must be completed before the next adjourned date.
Those that had no legal representation even though they were served with the hearing notice were the Attorneys General of Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo and Sokoto states.
The Justice Lawal-led panel orders that they should be served with a fresh hearing notice to enable them to attend the next sitting.
FG had in the suit marked SC/CV/343/2024, prayed the Supreme Court to okay full autonomy for all the LGAs in the country as the third tier of government.
It prayed the court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
As well as for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
Besides, FG, prayed the Supreme Court for an order, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratic system.
It equally 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 benefits of local governments when no democratically elected local government system is put in place in the states.Governors of the 36 States were sued through their respective Attorneys General.
JUDICIARY
No Nude Photographs Were Found in Suspended Professor’s Phones, Forensic Analyst Tells Court
CSP Babagana Mingali, a Forensic Analyst told a Federal High Court in Abuja that no nudes photographs were found in the mobile phones belonging to Prof.
Cyril Ndifon, Dean, Faculty of Law, University of Calabar (UNICAL), during analysis.Babagana, a 2nd defence witness (DW-2), who was subpoenaed by the court to testify in the alleged sexual harassment charge, works at the laboratory of the Office of the National Security Adviser (ONSA).
The witness spoke before Justice James Omotosho while being led in evidence by the defence lawyer, Joe Agi, SAN on Thursday.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) is prosecuting Ndifon on alleged sexual harassment.
Ndifon, alongside his lawyer, Samuel Anyanwu, is preferred with a four-count charge bordering on alleged sexual harassment, cybercrime and attempt to pervert the course of justice.
The ICPC alleged that Ndifon, while serving as the Dean of the Faculty of Law at UNICAL, requested the female Diploma student, identified as TKJ and a star witness, to send him “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
Anyanwu, one of the lawyers of the defence, was joined in the amended charge filed on Jan. 22, 2024, by the commission on the allegation that he called the star witness on her mobile phone during the pendency of the charge against Ndifon to threaten her.
They, however, pleaded not guilty to all the counts.
Upon resumed trial on Thursday, Babagana told the court that he joined the Nigerian Police Force in 2010 and was posted to ONSA in 2017.
He said he received a letter from the court on July 5, 2024, which came with two mobile phones, ordering a forensic analysis of the two phones belonging to Ndifon and his co-defendant, Anyanwu.
The witness said he conducted the analysis on the mobile phones and wrote a report on them.
He said the report was done on Aug. 8, 2024, and was presented to the court.
Justice Omotosho admitted the letter and the report as exhibits in the case after they were tendered by Agi.
Babagana told the court that his office used highly professional tools in trying to extract documents from the phone, but could not.
“My lord, we used the universal forensic extraction device, a touch tool and some accompanied Cable 2070 and Cable 100, including some external storage devices in trying to extract the data,” he explained.
When asked if he saw any nude photographs, email trails, voice recording, text messages or conversations in the phones, Babagana said, “I did not find any.”
The analyst restated that no relevant information was found in the two phones between January 2021 up until January 2024 as the WhatsApp applications were out of date.
According to him, there is need to return them to the owners to update it so as to achieve the desired result.
He told the court that officials from other agencies, including the ICPC, are also being posted to the NSA lab.
During cross-examination by ICPC’s counsel, Osuobeni Akponimisingha, the witness said he had actively practised forensic analysis for about five years.
He insisted that ICPC staff also work in the laboratory, though he could not substantiate the claim with any evidence .
He admitted that the police, the Economic and Financial Crimes Commission (EFCC) and the ICPC had forensic labs.
He, however, said he was yet to see the ICPC lab.
He admitted that the same device (touch tool) used by his office, was also used by the ICPC in generating the exhibit (Exhibit H), which were the images from the mobile phone belonging to the professor.
The witness also admitted that it is possible to find relevant information in the phones if the the WhatsApp is updated.
Justice Omotosho adjourned the matter until April 3 for continuation of defence.(NAN)
JUDICIARY
Carpenter Remanded for Alleged Defilement of Girl
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An Ebute Metta Magistrates’ Court in Lagos on Friday remanded a carpenter for allegedly defiling a nine-year-old girl.
The Lagos State Domestic and Sexual Violence Agency (DSVA) confirmed this in a statement on its official X handle, @LSdsva, on Friday.
The agency stated that it received a distress call about the alleged defilement of the minor in the Ayobo area of Lagos.
“On Jan.
31, the agency received a distress call from popular comedienne and child rights advocate, Princess, regarding the alleged defilement of a nine-year-old girl by her uncle, a carpenter.“Upon receiving the report, DSVA immediately escalated the case to the Divisional Police Officer (DPO) at Ayobo Police Station.
“That same night, the survivor was rescued and placed in a safe shelter through the Ministry of Youth and Social Development (MYSD).
“She was also referred for medical attention, while the alleged perpetrator was arrested.
“The case was subsequently transferred to the Gender Desk for further investigation,” the statement read.
The agency stated that the case was heard at the Ebute Metta Magistrates’ Court, Oyingbo, before Magistrate O.M. Ajayi.
“On Feb. 7, the charges were read out in court, and the alleged perpetrator pleaded not guilty.
“The magistrate ordered his remand at Kirikiri Correctional Facility pending the Director of Public Prosecutions’ (DPP) advice.
“The case was adjourned until Feb. 19,” the agency added.
According to DSVA, it remains steadfast in its mission to ensure that survivors receive the support and justice they deserve.
“DSVA continues to reinforce its commitment to ensuring justice for survivors of sexual and gender-based violence,” the statement read.
The agency urged the public to report cases of domestic and sexual violence via its toll-free helpline 08000-333-333 or through its social media platforms. (NAN)
JUDICIARY
Drama as 2 Lawyers Appear for Edo Assembly in Contempt Charge Against Omobayo
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There was a mild drama at a Federal High Court in Abuja, on Wednesday, as two lawyers announced appearance for Edo House of Assembly in the contempt charge filed against.
former Gov. Godwin Obaseki’s deputy, Godwins Omobayo.When the matter was called before Justice James Omotosho, Ayotunde Ogunleye, SAN, announced his appearance for the reinstated Deputy Governor, Philip Shaibu.
Immediately Ogunleye was done with his, the new Attorney-General (A-G) of Edo, Samson Osagie, announced appearance for the 2nd, 3rd, 5th and 6th defendants in the matter.
The Deputy Governor of Edo, the AG, Speaker of Edo House of Assembly and the Edo State House of Assembly are 2nd, 3rd, 5th and 6th defendants respectively.
No sooner had Osagie mentioned the name of the 6th defendant (the assembly) than Mr Ken Mozia, SAN, stood up to challenge him.
Mozia said he had been representing the assembly and that Osagie cannot just come now to announce appearance on his client’s behalf.
Osagie, however, told the court that as A-G, there was no document before him showed that the 6th defendant was being represented.
He said the only document brought to his attention from the state’s liaison office was the hearing notice of today’s sitting.
Mozia, however, disagreed with Osagie.
The senior lawyer argued that if Osagie wanted to take over the case, he knows what to do.
After intense argument, Justice Omotosho adjourned the matter until March 11 for the lawyers to resolve the issues of representation.
Report says that though Shaibu was in court, Omobayo was not.
Justice Omotosho had, on July 17, 2024, voided the impeachment of Shuaibu as the deputy governor of Edo by the house of assembly.
The judge, in the judgment, ordered his reinstatement to office on the grounds that the house of assembly failed to comply with due process in the purported impeachment.
Justice Omotosho also held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.
The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.
The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.
Omobayo was, on April 8, sworn in as the new deputy governor after Shaibu’s impeachment by the state’s house of assembly.
However, after the court judgment reinstating Shaibu, Omobayo allegedly refused to vacate the deputy governorship position, prompting Shaibu to file contempt charge.(NAN)