Law
Court asks Security agents to Protect CUPP’s Spokesperson, Ugochinyere
The High Court of the Federal Capital Territory (FCT) has ordered security agencies in the country to within 24 hours provide protection to the Spokesman of the Coalition of United Political Parties (CUPP), Ikenga Ugochinyere.
The order was given by Justice Eleojo Enenche while delivering ruling in an exparte application brought before the court over failed assassination attempt on his life as well as alleged planned invasion of his home in Akokwa in Imo State by agents of the state government.
Ugochinyere is the candidate of the opposition Peoples Democratic Party (PDP) for the House of Representatives seat in Ideato Federal Constituency of Imo State.
His house in Akokwa was recently invaded by gunmen and properties worth millions of naira destroyed in the process and some people killed.
In a motion exparte marked: M/4710/2023, filed and argued by his lawyer, Mr. P. O. Abang, the applicant had urged the court to order the security agencies to protect his life as well as property pending the hearing of the substantive suit marked FCT/HC/CV/2328/2023.
He had in the motion dated February 13, alleged threat to life and destruction of properties amongst others.
Delivering ruling in the motion on February 16, whose certified true copy ( CTC) was sighted yesterday by THISDAY, Justice Enenche directed the concerned security agencies which are respondent in the motion to forthwith provide Ugochinyere with necessary security.
“Upon reading the Motion Ex-Parte dated 13/02/2023 brought pursuant to Section 33, 34, 35 (35) (1), 36, 37, 38, 39, 40, 41(1) and 46(1) Constitution of the Federel Republic of Nigeria, 1999 (As Amended); and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, and under the inherent Jurisdiction of the Honourable Court, and after considering the eight paragraphs Affidavit deposed by David Ayandare, praying for the following:
“An order of Injunction mandating and directing the 1st to 5th Respondents whether by themselves officers, agents, servants, privies to provide security in view of the imminent threat to the life of the Applicant and the continued use of the machineries of state to further harass, intimidate, arrest, detain and incarcerate the Applicant, pending the hearing and determination of the substantive originating Motion on Notice.
“And upon hearing P. O. Abang, counsel for the Applicant, “An order is hereby made directing the inspector General of Police to, within 24 hours take measures that are necessary to ensure the protection of the life and property of the Applicant. Where this is not done within 24 hours, the 1 – 5 Respondents are hereby Ordered to step in and provide the needed security pending the determination of the substantive action”.
Meanwhile, the court also made another order for accelerated hearing and determination of the main suit and subsequently fixed February 27, for hearing.
The respondents include: State Security Service, Chief of Defence Staff, Nigeria Army, Nigeria Airforce, Nigeria Navy, Nigeria Police Force, Inspector General of Police and Commissioner of Police.
Meanwhile, Ugochinyere has petitioned federal authorities and foreign missions over the failed assassination attempts on his life.
He demanded the investigation of the Imo State Governor, Senator Hope Uzodimma; Commissioner of Police in the state Command, Mr. Mohammed Ahmed Barde and the Chief Personal Security Officer to the Governor, Superintendent of Police, Adamu Shaba Gboyako.
The petitions, were addressed to President Muhammadu Buhari, the National Security Adviser, the Inspector General of Police.
He also sent copies to the foreign missions including the United States, United Kingdom and the European Union.
In the petition, the CUPP spokesperson accused the Imo State Governor, the Commissioner of Police in Imo State and the Chief Personal Security Officer to the Governor of being responsible for the attack on his house.
He said: “I have been tipped off that Chief Personal Security Officer to the Governor of Imo State, Mr. Shaba Adamu was the one that coordinated the armed attack on my house in Umukegwu, Akokwa in Ideato North Local Government Area on the 7th February, 2023.
“The purpose of the attack was to assassinate me based on my political views.”
Ugochinyere also alleged that the Imo State Police Commissioner refused to investigate any of the three attempts on his life obviously because he knows those behind the attacks and that their missions align.
He demanded investigation, disciplinary actions, prosecutions, visa ban, and inclusion on watch list among others on any person found wanting or culpable in the three attacks on him on 23rd December, 2022, 14th January 2023 and 7th February, 2023.
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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