Law
Kogi high Court fixes Jan 27 for judgment in suit challenging powers of Kogi transport authority
Justice Clement Kereke of Kogi High Court, Lokoja, on Friday fixed Jan. 27 to deliver judgment in a suit challenging the powers of the Kogi Traffic Management Authority (KATROMA).
Kereke fixed the date after taking the addresses of both the plaintiff and the defendants in the case filed before him on July 11, 2022.
The plaintiff, an Abuja-based Lawyer, Mr Martin Atojoko, had sued the state agency and joined the state House of Assembly, the Attorney-General and Commissioner for Justice and the state government as second, third and fourth defendants in the matter.
Atojoko prayed the court to compel the defendants to pay him N10 million as general and exemplary damages for inter-alia the first defendant’s unlawful and illegal action of detaining and impounding his car.
The plaintiff had told the court in his originating Summon that on June 22, 2022, he was stopped by officers of KOTRAMA over an expired drives licence and his Toyota Corolla car was impounded.
“My lord, I only got my car back the next day, after paying a fine of N10,000, an action which is but a contravention of the Federal Road Safety Corps (FRSC) Law of 2007, ” he alleged.
Atojoko prayed the court to issue an order declaring that the second defendant cannot make laws empowering the first defendant to exercise the powers of the Federal Road Safety Corp (Establishment) Act, 2007 in inspecting the driver’s license of motorists, issued by the FRSC and codifying same in Kogi Road Traffic Administration and Vehicle Inspection Law, 2018.”
“A declaration that all the provisions of the Kogi Road Traffic Administration and Vehicle Inspection Law, 2018, empowering the first defendant to exercise the powers of the FRSC in the inspection of the driver’s license of motorists is invalid, illegal, unlawful, null and void ab initio.
“An order that the KOTRAMA cannot fine the plaintiff and impound his vehicle with registration No. 2T1BU4EE9AC312480, without first trying him and finding him guilty before a court of competent jurisdiction.
“An order that the act of the first defendant in impounding the vehicle and fining him without powers to do so is invalid, illegal, unlawful, unconstitutional, null and void, ab initio,” he pleaded.
Responding, in his final written address, Mr B.O. Obenege, counsel to all the defendants, debunked the claims of the plaintiff and said that the agency acted within the ambit of the law that established it.
“My lord, the House of Assembly Law that established KOTRAMA is not a duplication of FRSC Law of 2007.
“The first defendant’s main function is control and management of traffic and verify vehicles that move or carry goods within Kogi.
“In other words, they are stationed and carry out their duties on Kogi government roads, and not that of the Federal Government.
“Even if the KOTRAMA Law of 2018 is in conflict with that of FRSC, the corps could have instituted an action to challenge the authority of KOTRAMA.
“We urge your lordship to so hold that the action of KOTRAMA has not contravened the Kogi Law or any other law, and the claimant was given a summary fine of N10,000, all in accordance with the Section 1(3) of the Law.
“In conclusion, we urge your lordship to dismiss the case for lack of merit,” Obenege pleaded.
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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