Law
Group raises alarm over ‘bizarre’ court orders by 2 judges on same issue
The Centre for Reform and Public Advocacy (CRPA) has raised the alarm over what it described as a disturbing trend in the nation’s judiciary in which two court orders were made by two Judges – Hon. Justice Ibrahim Mohammed and Hon. Justice O. A. Adeniyi – on the same application over the same subject matter.
The group in a statement signed by Mr. Ifeanyi Okechukwu warned that this bizarre move is capable of eroding the integrity of the nation’s judiciary and bringing it to disrepute.
According to the group, what Justice Mohammed and Justice Adeniyi is unprecedented and unheard of anywhere in the history of the judiciary in Nigeria that two judges of the same court will sit over one suit in their respective courts on the same subject bearing the same suit number and made different orders on the same day.
Justice Mohammed had on May 13, 2022 ruled that the tenure of the Chairmen of the six Area Council and their Councilors in the FCT is now four years.
But in a desperate move to have the judgment set aside, an application was filed by Hon. Abubakar Jabrin Giri, the Chairman-elect of Gwagwalada Area Council at the Registry of Hon. Justice Ibrahim Mohammed’s Court, while the Hon. Minister of the FCT filed his own application to set aside the judgment at the Registry of Hon. Justice O. A. Adeniyi’s Court. The applications pending in both courts have the same suit number (FCT/HC/CV/910/2022 and the parties in the suit are the same, that is, IDRIS NASIRU & 4 ORS VS. THE MINISTER OF THE FEDERAL CAPITAL TERRITORY, ABUJA.
In a most bizarre move, both Justice Mohammed and Justice Adeniyi on May 23, 2022, sat and heard the same application in their respective courts and made different orders on the same application to have the judgment of Hon. Justice Ibrahim Mohammed set aside.
More disturbing, according to the policy advocacy group is the fact that the application entertained by Justice Ibrahim Mohammed on the May 23, 2022 wherein he made an order was also moved and entertained by Justice O. A. Adeniyi on May 27, 2022.
It describes the action of the judges as shameful and not a reflection of the high standards expected of judges of the FCT High Court.
The group warned that the prevailing public perception that the judges may have been compromised to set aside the judgment extending the tenure of the Chairmen of the six Area Councils and their Councilors is destructive and could lead to loss of confidence in the judicial process which in turn will result in anarchy as people will resort to self help to resolve their differences instead of taking the due process of law.
The Centre for Reform and Public Advocacy called on the Chief Judge of the FCT High Court and National Judicial Commission (NJC), and other well-meaning Nigerians to act immediately to save the judiciary from this shameful act.
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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