Law
Why domestication of Administration of criminal Justice act is long overdue, by Niger Ag CJ
From Naseer Mijinyawa Minna
The Ag chief Judge of Niger State, Justice Halima Ibrahim Abdulmalik has enumerated benefits of the domestication and implementation of the Administration of Criminal Justice Act in the State
Justice Abdulmalik spoke at a stakeholders forum on domestication and implementation of the administration of criminal Justice act, 2015 state validation public forum held at Justice Idris Legbo Kutigi International Conference Centre in Minna.
She indicated that the domestication of administration of Criminal Justice act, 2015 (ACJA),will assist in ensuring speedy dispensation of Justice in the state
Justice Abdulmalik noted that the passage of the administration of criminal Justice act, will among others address the delay in the administration of criminal Justice, decongest cases in courts and checkmate corruption in the Judiciary.
She called on the Niger State House of assembly to hasten the passage of the administration of criminal Justice act, noting that Niger state is among the few states yet to domesticate the ACJA.
She applauded the MacArthur foundation and the national Secretariat of the Nigerian Bar Association for their commitment to the domestication and implementation of the Administration of criminal Justice act,
Speaking earlier, the Chairman Nigerian Bar Association (NBA), Minna branch, Mallam Mohammed Abubakar El-Surur, observed that most of the laws in Niger State were obsolete as he called for speedy domestication of the act for quick dispensation of criminal Justice in Niger State.
According to him, no society can survive on obsolete laws as he urged the state house of assembly to as a matter of urgency ensure the speedy passage of the act.
Also speaking the chairman house committee on Judiciary in the Niger State House of assembly Hon. Ahmed Bello Agwara assured that the state assembly is committed to ensuring the speedy passage of the ACJA act in the state.
He disclosed that the ACJA bill has passed the second reading and already at the committee level adding that the house committee on Judiciary will soon call all stakeholders for public hearing for onward passage of the act.
In his remarks at the forum the Dean faculty of law University of Jos, Prof. Alphonsus Alubo,(SAN) observed that the passage of the Administration of criminal Justice act (ACJA) will assist in bringing succour to the criminal Justice system in Niger State and the criminal Justice in the nation’s judiciary system.
He noted that the domestication of the act will among others remedy convictions of offenders explaining that instead of convicting an offender the conviction will be placed on hold thereby decongesting the correctional facilities across the country.
Prof. Alubo expressed Concern over the increasing proportion of inmates on awaiting trial across the correctional facilities in the country describing the trend as unhealthy for the criminal Justice system in the country.
He insisted that the ACJA if domesticated in the nation’s legal system it will go a long way in ensuring the speedy dispensation of Justice “in our courts and reducing cases in courts”
He suggested that the office of the Attorney General and Commissioner Of Justice in the country should take over the prosecution of cases in the lower courts of competent jurisdiction than allowing police to prosecute cases noting that “if police must prosecute in court, the police must have to be a lawyer”
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.
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