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Appeal Court upturns decision barring Abure, 3 others from acting as LP National executives

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Julius Abure

The Court of Appeal sitting in Abuja has reversed the decision of the FCT High Court, which dismissed the objection raised by Barr. Julius Abure challenging his removal as chairman of the Labour Party (LP).
The Court also placed a fine of One million naira (N1,000,000) on the respondents.

Recall that Justice Hamza Muazu of the FCT High Court, Abuja on May 13, 2023, dismissed the preliminary objection by Abure after a rulling on an ex-parte application which restrained him and three others; Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara, from acting as national executives of the party.

The suit marked CV/2930/2023 was instituted by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah and Ayobami Arabambi.

The plaintiffs told the court that the defendants forged several documents of the court to carry out unlawful substitutions in the last elections.

Abure through his lawyer, Alex Ejesieme, filed a preliminary objection against the suit, saying that an allegation of forgery against his clients cannot be brought before the court by way of an originating summon.

Ejesieme alleged that the plaintiffs are not members of the LP and therefore, lack the locus standi to institute the suit, adding that the matter borders on the internal issues of the party which the court cannot interfere with.

Justice Muazu held that the court has jurisdiction to hear the matter even though it relates to the party’s internal affairs, as there would have no need to interfere, had the party been at peace.

He added that the plaintiffs were right to have instituted the case by originating summons and subsequently restrained Abure and his executives from acting as National officers of the party.

Dissatisfied, Abure proceeded to appeal the judgement, seeking determination whether the lower court was right in the dismissal of his preliminary objection to his removal National Chairman.

Delivering the Lead Judgement on Wednesday, Justice Hamma Akawu Barka, held that the appeal filed by Abure was meritorious and set aside the earlier judgement of the lower court.

Justice Barka held that the process applied by the lower court is incompetent as it wrongly assumed jurisdiction over the case.

He said that issues bothering on forgery, perjury and conspiracy are unproven and deals with serious issues of fact, so the suit should not begin with an originating summon.

The judge also held that the lower court was wrong to interfere in the internal affairs of the political party.

“The party is in its own right Supreme over its affairs, the court will not enforce its own will over that of the political party” Justice Barka held.

The court also held that no ward executive has the power to suspend a National officer of a political party dully elected by the National delegation, adding that such powers are exclusive to the National body.
Justice Barka therefore held that the appeal has merit and set aside the decision of the lower court.

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Judiciary

NJC Suspends Rivers, Anambra High Court Judges

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***Recommends Compulsory Retirement for Two Heads of Court Over Misconduct

The National Judicial Council (NJC) has suspended two High Court judges, Justice G. C. Aguma of Rivers State and Justice A. O. Nwabunike of Anambra State, from performing judicial functions for one year without pay, following investigations over misconduct.
Both judges will also be placed on a two-year watch list after the suspension period.

This decision was reached at the NJC’s 107th meeting, presided over by the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, on November 13 and 14, 2024. Alongside these suspensions, the NJC sanctioned three other judicial officers and recommended the compulsory retirement of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, over age falsification.

According to the NJC, Justice Aguma aided a litigant inappropriately by transferring a garnishee proceeding from Abuja to Rivers State for enforcement. Similarly, Justice Nwabunike was found to have breached judicial conduct rules by issuing ex parte orders without proper procedures.

The NJC’s report indicated that Justice Chikeka and Grand Kadi Mahdi presented multiple birth dates to extend their service beyond the legal retirement age. The council has ordered both judges to refund all excess salaries received after their actual retirement dates.

The NJC also issued warnings to two other judges, Justice I. A. Jamil and Chief Judge J. J. Majebi of Kogi State, regarding their handling of sensitive cases. Petitions against several other judges were dismissed for lack of merit.

In addition, the council recommended the appointment of 36 judicial officers across several states and pledged to report legal practitioners filing unfounded petitions against judges to disciplinary committees for action. The appointed judges are expected to be sworn in by their respective state governors.

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Judiciary

Tinubu Orders Immediate Release of Minors Detained Over #EndBadGovernance Protests

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In response to public outcry over the arrest and detention of minors involved in the recent #EndBadGovernance protests, President Bola Tinubu has directed the immediate release of all detained children.
The directive, announced on Monday by Minister of Information and National Orientation, Mohammed Idris, follows the arraignment of 72 minors on charges of treason related to the protests, which took place across various states in August.

The protests, held in states including Kaduna, Abuja, Gombe, Jos, Katsina, and Kano, saw widespread demonstrations against high living costs and food scarcity.
The arrest of minors sparked widespread condemnation, as many appeared visibly malnourished and even collapsed during their appearance at the Federal High Court in Abuja.
Judge Obiora Egwuatu subsequently granted bail to the minors, setting it at N10 million for each of the defendants.

President Tinubu has also mandated the Ministry of Humanitarian Affairs and Poverty Reduction to oversee the welfare and reintegration of the minors with their families.
The President’s orders include the establishment of a committee, led by the humanitarian affairs ministry, to investigate the circumstances surrounding the arrests, detention conditions, and eventual release of the minors.

The public backlash intensified last Friday after reports of the prolonged detention of the minors emerged, prompting the Attorney General of the Federation, Lateef Fagbemi, to intervene. F
agbemi immediately instructed the police to transfer the case file to his office and assigned the matter to the Director of Public Prosecutions of the Federation for further review.

This decisive action by President Tinubu has been widely seen as a move to address concerns around justice, due process, and the protection of children’s rights in the face of Nigeria’s ongoing socio-economic challenges.

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Judiciary

Senator Sani Musa Calls for Investigation into Detention, Prosecution of Underage Protesters

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Chairman of the Senate Committee on Finance, Senator Sani Musa, has called on Inspector General of Police, Kayode Egbetokun, to investigate the detention and prosecution of underage protesters involved in the recent #EndBadGovernance demonstrations.
The minors, allegedly in poor health, were arraigned on Friday before Justice Obiora Egwuatu at the Federal High Court in Abuja.

Justice Egwuatu granted bail to 72 defendants, including the minors, setting bail at N10 million per defendant, with two sureties required. The conditions stipulate that one surety must be a civil servant of grade level 15 or higher with a verifiable address within the court’s jurisdiction, and the other must be a parent of the defendant.

Senator Musa, representing Niger East Senatorial District, condemned the treatment of the minors, describing it as “inhumane and unjust.” He also called for the National Judicial Council (NJC) to review the judge’s decision, questioning the appropriateness of detaining minors under such circumstances.

In a statement, Senator Musa said, “I strongly condemn the unjust detention of minors following the #EndBadGovernance protests. It is deeply troubling that, despite the hardships these children have endured, they are being punished rather than shown compassion and understanding.”

He further criticized the judiciary’s approach to the minors, emphasizing that “such actions contradict the principles of justice and fairness.” Musa urged an immediate investigation into the handling of the minors to ensure accountability and protect their rights.

During the court proceedings, the frail and malnourished children were visibly struggling, with some collapsing from exhaustion. Four minors had to be removed from the courtroom due to their critical health conditions.

Senator Musa affirmed his commitment to justice, stating, “This issue must be addressed urgently, and I will continue to stand with my constituents and all Nigerians in the pursuit of justice and good governance.”

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