Law
Its time to rein in Farotimi for attacks on the president over CSU -Mkpanam Ekpo
***The President’s fundermental rights must not be trampled upon
The Nigerian Bar Association (NBA) should sanction the spokesperson of the presidential candidate of the Labour Party, Barrister Dele Farotini, over his utterances against President Bola Ahmed Tinubu, Rt. Honourable Mkpanam Obo-Bassey Ekpo has said
This was contained in a statement made available to journalists by honorable Ekpo in Qbuja on Friday
Hon. Ekpo, who is a former Member of the Cross River State House of Assembly, described the uterances credited to the Dele Farotimi as a denigrating usurpation of the powers of the judiciary.
Hon Ekpo querried the legal practitioner over his response to Dr Reuben Abati’s question with a comment that ‘the person occupying the highest office in the land is a career criminal’ when he recently appeared as a guest on Arise News TV Morning Show along with one Oladotun Hassan on 5th October, 2023.
Hon. Ekpo noted that despite being cautioned by Dr Abati to desist from using such derogatory language or making such conclusions since the allegation has not been pronounced upon by a court of competent jurisdiction, Dele Farotimi continued his callous assault on the person and integrity of the President of the Federal Republic of Nigeria.
He said “There is no doubt that there is a well defined line between freedom, liberty or simply put, “freedom of expression” and unwarranted denigration of the rights/powers of other individuals and institutions including the judiciary.’
According to Ekpo, any legal practitioner should not only know the distinctive line between freedom of speech and unwarranted denigration of the judiciary and violation of the rights of others, but must also constantly respect same in his conduct and utterances especially in the public and media platforms.
He explained further that it has become virtually a normal routine for Dele Farotimi to address the Nigerian judiciary with vitriolic diatribes mostly riddled with disparaging remarks, innuendos and unsubstantiated claims or allegations. That he spares no arm of government in his largely callous and pedestrian incendiaries.
‘These are, to say the least, conducts and vituperation unbecoming of a supposed Legal Practitioner who talks so much about respect for rule of law, fundamental rights and democratic constitutionalism.’
Rt. Honourable Mkpanam said he wonders what has become of the presumption of innocence until found guilty in favour of anyone accuses of commiting an offence.
‘When has Dele Farotimi become “a court of competent jurisdiction,” to warrant his usurpation of the powers vested solely by the 1999 Constitution as amended on the very courts, nay judiciary that he holds in utter contempt, devoid of his duty to demonstrate conducts that show respect, integrity and professionalism towards the judiciary?’ He questioned.
He questioned Farotim’s status as a supposed human Rights acitivist who disdainfully desecrates the very sanctity of the rule of law and respect for human rights, and still have rhe moral turpitude to denigrate the judiciary.
The former lawmaker said another legal practitioner and former nollywood actor, Kenneth Okonkwo, who is also a spokesperson of the Labour Party and a member of its legal team, while appearing on the same TV station, was reported to have said that the ‘sitting President is ‘a certificate forger’.
‘A phrase that neither the Chicago State University nor its Registrar has used let alone has any court of competent jurisdiction adjudicated upon it and convicted President Bola Ahmed Tinubu at anytime as alleged till date.’ he stated.
Hon. Ekpo expressed dismay at the kind of democracy Dele and his cohorts are trying to save or enthrone by what he described as their constant cherry picking or pandering on narratives or mischievously cooked alternative facts, routinely bandied on the media merely to lubricate their inexplicable fixations or prejudices, masqueraded as love for Nigeria .
He, therefore, urged Dele Farotimi who is an acclaimed advocate of the rule of law, democratic constitutionalism and fundamental rights to respect the same constitutional order which he claims to defend.
He added, ‘The facts/issues on the validity of President Tinubu’s graduation from the Chicago State University and his certificate and or academic transcript, especially the depositions of the Registrar of the CSU under oath are not just in the public domain, but are before the Supreme Court to evaluate and give its verdict thereon one way or another.’
Rt. Hon. Ekpo reminded Farotimi that as an interested party and a member of the Labour Party, he should allow the Supreme Court to carry out its constitutional duty by determining the fate of president Bola Ahmed Tinubu devoid of despicable denigration and preemptive verbal assaults.
He further noted that it was hight time that Dele Farotimi and his cohorts were called to order, adding that it’s quite hypocritical for a human rights activist/lawyer to routinely accuse government’s prosecutory agencies of media trial and violation of the rule of law while indulging in same media trial against their political opponents, yet expect right thinking Nigerians and the international community to take them seriously.
In his words, ‘Democracy, respect for rule of law and fundamental rights of individuals and institutions, are not virtues that must be subjected or solely invoked to lubricate the parochial sentiments, prejudices and predispositions of any individual or group of individuals.’
Hon. Ekpo warned that as long as President Bola Ahmed Tinubu is still the President of the Federal Republic of Nigeria, his fundamental rights and the respect that accrues to his Office must be duly accorded him especially by those who claim to be advocates of democracy, rule of law and fundamental rights.
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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