Law
Court okays CSO’s bid to compel speaker, House to conduct investigative public hearing on rape, death of Keren
The Federal High Court, Abuja Division has granted leave to Men Against Rape Foundation (MARF) to commence legal process to compel the speaker of the House of Representatives, Femi Gbajabiamilla and members of the House of Representatives to comply with its own resolution to conduct investigative public hearing into the rape and death of 14year old boarding student of Premiere Academy, Lugbe, Abuja, Miss Keren-Happuch Akpagher.
Keren-Happuch died on 22nd of June 2021 following medical complications caused by condom left inside her by a killer-rapists. The condom infected her with sepsis and spiked her blood sugar, which led to her death.
Ruling on an exparte motion argued by counsel to Men Against Rape Foundation (MARF), Barrister Johnbull Adaghe, Justice Evelyn Maha held that the request to commence the mandamus proceedings had merit and accordingly granted it.
“Having considered the submission of the applicant’s counsel in support of the motion and all documents placed before me, I find merit in the motion and I hereby grant leave to the applicant for judicial review for an order of mandamus compelling the respondents to give effect to their resolution of the 7th day of December, 2021, by conducting investigative public hearing on the death or the immediate and remote cause of cause of death of Miss Keren-Happuch Akpagher who died on the 22nd day of June, 2021, at the Queens Hospital, Wuse Zone 4, Abuja”, Justice Maha ruled.
Speaking at a press conference on why they sued the Speaker of the House of Representatives and his colleagues, the Executive Director of Men Against Rape Foundation (MARF), Lemmy Ughegbe said through this case “we shall establish a legal precedence in our country that will make lawmakers responsible and accountable to the people.”
“Our organisation and Amnesty International wrote several letters to the Speaker of the House of Representatives, Hon. Femi Gbajabiamilla to remind him that they were yet to comply with the resolution to probe Keren’s rape and death. But the speaker neither replied our letters nor took steps to enforce their resolution”, Ughegbe stated.
“How can a speaker who sits at the pleasure and expense of the Nigerian people, treat our call to duty with such arrogance and contempt? Where is the honour in people who want to be addressed as honourables if they will not honour their own resolutions after 345 days? This is why our organisation is in court. We want to use this case to establish that resolutions of the National Assembly are not for fun. Once you pass a resolution, you are duty bound to enforce it”, the gender rights activist declared.
“We must put an end to lawmakers passing resolutions for the optics just to score political points and look good when they are not committed to enforcing those resolutions. The legislature is serious business and we hope by this court case, a judicial pronouncement will affirm our argument and put an end to the shenanigans at the legislative arm of government”, he concluded.
In her own remark, the 2nd defendant, Mrs Vivien Vihimga Akpagher said “she is saddened that 17 months after my daughter’s rape and death, I am yet to get justice and the killer-rapist is still out there waiting to prey on another innocent vulnerable child.”
“My daughter is gone. She will never come back. So, I am speaking and seeking justice so that no other child will suffer and die like she did as a result of sexual abuse”, she added.
She wondered why the House of Representatives will dishonor itself by not honouring its resolutions, adding “we are in court to make them act honourably.”
In the substantive case, which has mother of late Keren-Happuch as second Plaintiff and the Speaker of the House of Representatives and the House of Representatives as 1st and second defendants, Men Against Rape Foundation is seeking the following reliefs:
•An Order of mandamus compelling the respondents to give effect to their resolution of the 7th day of December, 2021, by conducting investigative public hearing on the death or the immediate and remote cause of cause of death of Miss Keren-Happuch Akpagher who died on the 22nd day of June, 2021, at the Queens Hospital, Wuse Zone 4, Abuja.
•An order of mandamus compelling the respondents to carry out their constitutional role of investigative public hearing into the death or the immediate and remote cause of death of Miss Keren Happuch Akpagher – a boarding student of Premiere Academy, Lugbe, Abuja, who died at the Queens Hospital, Wuse Zone 4, Abuja, on the 22nd day of June, 2021.
The reliefs sought above were predicated upon the followings grounds:
•Miss Keren-Happuch Akpagher was a boarding student of Premiere Academy, Lugbe, Abuja.
•A – 14 years old Keren took ill while at school and was taken by her mother to the Queens Hospital, Abuja, for treatment, but unfortunately died on the 22nd day of June, 2021.
•Queens Hospital confirmed to the 2nd applicant that Miss Keren illness and death was caused by decaying condom and dead spermatozoa hurriedly abandoned in her virginal by her abuser/rapist.
•Her unfortunate demise elicited wide condemnation and caught the attention of 1st applicant who called and held rallies and press conferences in its efforts to draw the attention of the authorities to the menace of rape in our society with a view to bringing perpetrators to justice.
•In response to one of the agitations and rallies held within the premises of the National Assembly, the respondents, on the 7th day of December, 2021, passed a resolution to conduct public investigative hearing through their related Committees, with a view to enacting legislation that would abate further occurrence. Attached herewith and marked exhibit “A” is the said House of Representatives Federal Republic of Nigeria, Votes and Proceedings of Tuesday, 7th December, 2021. See: pages 2192 – 2194, particularly paragraph 6, at page 2192 of the exhibit.
•The respondents in the said resolution, gave themselves a timeline of two weeks within which to submit the report of the committees to the house.
•The two weeks’ timeline set by the respondents for themselves has since lapsed and the respondents have failed to carry out the substance of their resolution.
•Following their failure aforesaid, applicants caused their solicitor to, by a letter, draw respondents’ attention to their said resolution and urge them to carry out their said investigative public hearing. Attached herewith and marked exhibit “B” is the said applicants’ solicitors letter dated 8th day of September, 2022.
•The deadline given in the said applicants’ letter for the respondents to comply with applicants’ demand lapsed on the 15th day of September, 2022, and the respondents have failed to discharge the public duty imposed upon them by the provision of sections 88(1) and (2), and 89 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
•That notwithstanding the said solicitors’ letter, respondents have failed and or neglected to discharge their public duty entrusted upon them by the supreme law of the land and in defiant to their own resolution of the 7th day of December, 2021.
•The respondents have a public duty entrusted upon them by law to conduct investigations and public hearing with respect to matters of public importance, moreso that respondents have by a resolution of the house, undertaken to conduct investigative hearing into the menace of rape in our society, and report back to the house within two weeks of the resolution.
•Child abuse and varying forms of sexual and gender-based violence which poses grave psycho-social public health problems are on the rise and the failure of the respondents to carry out their constitutional duty of investigative public hearing or enforce their resolution of the 7th day of December, 2021, would further emboldens perpetrators of the heinous crime and put the society in further danger.
•The anti-social conducts manifest in cases of rape are menace to the society; a crime against the state, womanhood and humanity; particularly in a civilized society like ours.
END
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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