Law
Supreme Court Judgment: Opeyemi Bamidele faults attempted stampede of Judiciary
***Rejoices with Tinubu’s victory at the Supreme Court
The Leader of the Senate, Senator Opeyemi Bamidele has raised concern over the danger inherent in the attempt by the opposition parties and their candidates to stampede the judiciary into partisan politics through disinformation, mal-information and misinformation.
This is coming after the Supreme Court on Thursday affirmed the election of President Bola Tinubu unanimously
Bamidele, who chaired the Senate Committee on Judiciary, Human Rights and Legal Matters in the ninth National Assembly, kicked against how they unduly dragged the judiciary into partisan politics in pursuit of their selfish interests at the expense of the collective interest of Nigeria and Nigerians.
He expressed the grave concerns in a statement his Directorate of Media and Public Affairs issued on Thursday in Abuja following the decision of the apex court that affirmed the election of President Tinubu.
While celebrating the victory of the president at the apex court, Bamidele condemned the undue blackmail of the judiciary even before the petitions of the opposition parties and their candidates were decided.
He observed that the judiciary “is one of the most consistent, dependable and reliable democratic institutions that still stands for and with the oppressed in this federation.
“It is therefore amoral and immoral for any political actor or party to subject the judiciary to media trial rather than abiding by the rules of law.
“Judiciary has never been vilified in the recent history of this federation by petitioners who at different times benefitted tremendously from the independence and neutrality of the judiciary,” the senate leader noted with grave concern.
At the inception, Bamidele noted that the petitioners “claimed to have won the 2023 presidential elections during their separate world press conferences. But when they failed to prove their cases, they selfishly resorted to blackmailing the time-tested institutions, especially the judiciary
Beyond their campaign of calumny, he observed that the decisions of the appellate and apex courts “have clearly shown that the last elections are the most credible since the beginning of the Fourth Republic with the deployment of Bimodal Voter Accreditation System, which the Independent National Electoral Commission used for the conduct of the elections.
He, therefore, commended the apex court for standing for the truth and truth alone amid ferocious, needless and relentless intimidation of judicial officers by the petitioners, who trampled upon the national interest in pursuit of their self-centric political agenda.
Now that Judiciary has concluded all the presidential election petitions in favour of President Tinubu, Bamidele warned all political actors, interests and parties “to henceforth stop playing politics with the rule of law and the integrity of the judiciary.”
He, also, warned them “against the perverse culture of stampeding the judiciary into partisan politics. As far as Nigeria is concerned, judiciary remains an unbiased arbiter wholly committed to the dispensation of justice without regard to any ethnic, economic, political, religious consideration.
“It is therefore unfair and uncalled to paint the judiciary, the only source of hope for the oppressed, black in the eyes of the whole world. This does not harm the judiciary alone, but also portray all of us, Nigerians at home and in the diaspora, bad before the eyes of the whole world. This is completely unacceptable! And it must be stopped!”
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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