Law
Abba Kyari fights back, sues NDLEA for N500m in damages
Over what he allegedly described as unlawful arrest and detention embattled suspended Deputy Commissioner of Police (DCP), Abba Kyari, has demanded N500 million in damages from the National Drug Law Enforcement Agency, (NDLEA)
In an originating motion on notice, marked: FHC/ABJ/CS/182/22, filed before Justice Inyang Ekwo of a Federal High Court in Abuja, Kyari
also is demanding for an order directing the NDLEA to tender a written apology to him in two national dailies.
The motion, dated February 16 and filed February 17 by his lawyer, C. O. Ikena, also wants an order “restraining the respondent (NDLEA), its agents, servants, police, privies or anyone acting on their behalf from further harassing, detaining, intimidating, arresting the applicant unlawfully.
“An order of this court directing the respondent to pay the sum of N500,000,000.00 (Five hundred million nairas) to the applicant, for unlawful violation of the applicant’s constitutional right provided for in Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria (As Amended).”
In the motion to enforce his fundamental rights, Kyari also wants a declaration that his arrest and detention by the NDLEA “without bringing him before a court of competent jurisdiction from February 12 till date is unlawful, illegal, and a gross violation of his fundamental rights.
It would be recalled that Kyari and others were arrested by the National Drug Law Enforcement Agency (NDLEA) Last Monday, for alleged links with an international narcotics cartel.
The Police Service Commission (PSC) in a follow up suspended the officers indicted for links with the international drug cartel last Thursday.
“DCP Abba Kyari, who prior to this allegation was on suspension, shall remain so,” the PSC wrote.
Earlier, the anti-narcotics agency revealed the statements Kyari made to undercover operatives investigating the cocaine seizure.
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
-
Crime1 year ago
Police nabs Killer of Varsity Lecturer in Niger
-
News10 months ago
FCT-IRS tells socialite Aisha Achimugu not to forget to file her annual returns
-
Appointment1 year ago
Tinubu names El-Rufai, Tope Fasua, others in New appointments
-
News From Kogi1 year ago
INEC cancells election in 67 polling units in Ogori-Magongo in Kogi
-
News From Kogi1 year ago
Echocho Challenges Tribunal Judgment ordering rerun in 94 polling units
-
News1 year ago
IPOB: Simon Ekpa gives reason for seperatists clamour for Biafra
-
Metro8 months ago
‘Listing Simon Ekpa among wanted persons by Nigeria military is rascality, intimidation’
-
News10 months ago
Kingmakers of Igu/ Koton-Karfe dare Bello, urge him to reverse deposition of Ohimege-Igu