The Pacesetter Frontier Magazine

Category: Legal

  • Bolanle’s murder: How lawyers can end police brutality —Falana

    Bolanle’s murder: How lawyers can end police brutality —Falana

    Also condemning the murder, rights activist, Mr Femi Falana, SAN, urged legal practitioners to end extrajudicial killings in the country.

    Falana, in a statement, said: “The cruel killing of Mrs Bolanle Raheem provides an opportunity for the Nigerian people led by lawyers to address the root cause of the extrajudicial killing of unarmed citizens by law enforcement officers. On July 15, 1981, Dele Udo, a United States-based athlete and a potential world beater in the 400 metres was shot dead by a trigger-happy policeman at Ojuelegba in Lagos State. That was the beginning of the reckless shooting of unarmed citizens by armed policemen and armed soldiers on the roads.

    “It is pertinent to note that despite the demand of the human rights community for fundamental reform of the curriculum of the police academy the training of police cadets has remained as brutish as it was under the British colonial regime. Upon their graduation, the recruits usually unleash violence on a society that had dehumanised them in the police academy. Having been brutalised themselves, they derive pleasure in subjecting suspects to physical, mental and psychological torture. During the interrogation of a suspect, it is not uncommon for a policeman to threaten that ‘I will kill you and nothing will happen.’

    “Nigerian lawyers must ensure that Mrs Raheem does not die in vain like others who were dispatched to their untimely graves before her. Indeed, the best tribute that the NBA can pay to the deceased is to use her cold-blooded murder to mobilise the Nigerian people to end police brutality in Nigeria. To start with, police checkpoints must be removed from Nigerian roads. The roads should be patrolled by combined teams of officers from the police and road safety commission.”

    Besides, the rights activist said: “The NBA should prevail on the Federal Government and State Governments to publish the reports and implement the recommendations of the judicial panels. Otherwise, the NBA should adopt legal measures to compel the Governments to implement the recommendations.

    “Furthermore, the NBA should mount pressure on state governments to enact laws for the establishment of human rights bodies to protect the human rights of citizens. This was the principal resolution adopted by the National Economic Council after the #EndSARS protests.”

  • US Court convicts Tory Lanez of shooting his ex girlfriend, Megan Thee Stallion

    US Court convicts Tory Lanez of shooting his ex girlfriend, Megan Thee Stallion

    A jury in Los Angeles County District, the United States, on Friday convicted Canadian rapper, Tory Lanez of shooting his former girlfriend, Megan Thee Stallion in the foot in 2020.

    The American Grammy-winning rapper, Stallion had accused her colleague and ex-boyfriend, Lanez of shooting her in the foot after the duo left a Los Angeles party at Kylie Jenner’s home, two years ago.

    Lanez, whose legal name is Daystar Peterson, pleaded not guilty to shooting her and dedicated an entire album to rebutting Megan Thee Stallion’s version of events, CNBC reports.

    He was formerly charged with assault with a semiautomatic firearm and carrying a loaded, unregistered firearm in a vehicle.

    According to the reports, prosecutors added a third charge, discharging a firearm with gross negligence, earlier this month.

    Lanez faces a maximum sentence of 22 years and eight months in prison and also stands risk of deportation to his home country of Canada after serving his sentence.

    He was immediately taken into custody after jurors reached the verdict following seven hours of deliberations.

    A sentencing hearing is set for January 27, 2023.

    (Vanguard)

  • Court Summons CBN, Emefiele, AGF to Defend Suit Challenging Naira Redesign Policy

    Court Summons CBN, Emefiele, AGF to Defend Suit Challenging Naira Redesign Policy

    The Central Bank of Nigeria (CBN), its Governor, Mr. Godwin Emefiele and the Attorney General of the Federation, Abubakar Malami have been dragged to a Federal Court in Awka over the implementation of the naira redesign policy.

    The redesigned currencies N1,000, N500 and N200 went into circulation on December 15, 2022, and would finally displace the old notes by the end of January 2023.

    But the Incorporated Trustees of a non-governmental organisation and the African Initiative against Abuse of Public Trust had filed a suit on behalf of over 50 million Nigerians in rural areas who have to bank account, to stop the CBN from implementing the policy.

    In the Suit marked FHC/AWK/CS/195/2022 filed by Mr. N. D. Agu, on behalf of the plaintiff, the court had on November 30, 2022, delivered a ruling granting the application in part and gave an order for the defendants to be served with the motion ex parte dated November 18, 2022, but filed on November 29, 2022.

    But the court presided over by Hon. Justice H. A. Nganjiwa directed the plaintiff to put the defendants on notice to compel them to appear before it and show cause why the plaintiff’s prayers should not be granted.

    An Aba-based lawyer, Chief Musa Tolani, the counsel to the three defendants told journalists yesterday at the commercial city of Aba that the plaintiff’s prayers were for the court to order an interim injunction stopping the policy implementation.

    According to the plaintiff, the policy on redesigned naira should not be implemented until, “a clear policy (is put in place) on how to accommodate over 50 million Nigerians without bank accounts.”

    The plaintiff, therefore asked the court to issue an order restraining the defendants, particularly, the CBN and Emefiele, either by themselves or their proxies or agents, “from taking any step to enforce the implementation of the policy without protecting the interest of unbanked Nigerians.”

    The reliefs sought by the plaintiff included granting accelerated hearing and determination of the substantive originating summons, granting the claimant leave to serve the defendants with the court processes by substituted means by posting or courier services.

    They also prayed the court for an, “order of departure from the rules by abridging the time within which the Defendants may file their respective Counter Affidavit to substantive Originating Summons to a period of five days from the date of service of the processes.”

    After the counsel informed the court that both the CBN and Emefiele had served the plaintiff with their responses to the originating process, Justice Nganjiwa granted the relief to the plaintiff to serve the third defendant, Malami with the originating summons.

    However, citing, “the nature and far reaching effects,” of two of the reliefs sought, the court refused to grant an order of interim injunction restraining the defendants, especially CBN and its governor, from implementing the naira redesign policy.

    It also refused to bar the CBN and Emefiele, “from taking any steps to dissipate, discountenance or in any other manner inhibit over 50 million Nigerians without bank accounts from using alternative means and or physical means to exchange old notes with the redesigned notes.”

    The court said that it, “finds it very difficult to grant the said reliefs wiithout hearng from the other side” and adjourned the matter to January 19, 2023 for hearing of motion on notice for interlocutory injunction.

    (This day)

  • Electoral Amendment Act 2022 enacted without our review – FHC CJ

    Electoral Amendment Act 2022 enacted without our review – FHC CJ

    Chief Judge of the Federal High Court (FHC), Justice John Tsoho, yesterday, said the court was not consulted in the enactment of the Electoral (Amendment) Act, 2022 by the National Assembly.

    Justice Tsoho made the disclosure while delivering his speech at a special court session to mark the commencement of the court’s 2022/2023 legal year in Abuja

    He said additional jurisdiction had been conferred on the FHC by the new Electoral (Amendment) Act, 2022.

    According to him, by virtue of Sections 29 (5) and 84(14), of the Act, exclusive jurisdiction is foisted on the Federal High Court in the hearing and determination of pre-election complaints.

    “Linked to that jurisdiction is Section 285 (10) of the Constitution of the Federal Republic of Nigeria (as amended), which provides that such pre-election cases must be concluded within 180 days from the date of filing of the suit.

    “This is notwithstanding the judges’ existing ‘high-volume’ dockets that present enormous challenges. It is necessary to place on record that the Electoral (Amendment) Act, 2022 was enacted without any consultation with the court. Also, no support whatsoever was provided to address the increased responsibility,” he said.

    The judge said that this had weighed heavily on the operations of the court.

    “I must quickly state however that this ‘disruption’, without consultation, did not alter our core fundamental values as a court: of rising to challenges and tackling them head on. This underpins our resolve to soar in the face of adversity,” he said.

    He said in response to this enormous time-bound responsibility, he constituted a Special Task Force for the swift disposal of pre-election matters.

    “The judges drafted into the Task Force were saddled with the mandate of completing all pre-election cases before they lapsed.

    “In some instances, judges were drafted from their substantive bases to help in other Judicial Divisions that had a glut of these cases,” he said.

    He commended the judges drafted into the special assignment for their resilience and sheer determination to deliver justice within time frame.

    He thanked the Chief Justice of Nigeria, Justice Olukayode Ariwoola, for approving an emergency fund to support the court in the assignment.

    (Sun)

  • SANs call for creation of constitutional court of Nigeria

    SANs call for creation of constitutional court of Nigeria

    The Body of Senior Advocates of Nigeria, BoSAN, on Monday, called for the establishment of a National Constitutional Court that will be saddled with the responsibility of determining all election related cases.

    The legal body, which made the demand at a special court session the Federal High Court held to mark its 2022/2023 legal year, decried that many matters, including fundamental right enforcement suits, have continued to suffer adjournments, owing to plethora of political cases that are flooding the high court.

    BoSAN maintained that the constitutional court, which exist in several countries, would upon its creation, be like the National Industrial Court that exercises jurisdiction on matters related to employnment and other industrial related matters.

    It said: “The founding fathers of our democracy and those who fashioned the specialized and exclusive jurisdiction for the Federal High Court did not envisage the aberration of cases on political disputations arising from lack of internal democracy, political shenanigans and impunity in the management of political parties, as one that will interrupt this court from doing its constitutional duty.

    “Normal cases inevitably had to suffer adjournments thereby frustrating good and urgent causes.

    “With all humility, we have reached a stage when very urgently, the Parliament, Judiciary and stakeholders in the administration of Justice should consider the establishment of National Constitutional court of Nigeria.

    “The Constitutional court is one that will handle all constitutional, political and election matters. It will be a Federal Court, of the status of a High court with divisions in all the states of the Federation and the Federal Capital Territory.

    “The Court will have unlimited jurisdiction to determine all causes as relating enforcement of or connected with interpretation of the Constitution, enforcement of fundamental rights of the citizens, determination as to whether any person has been lawfully elected into any office from the President, to the State governors and members of all the Legislative houses.

    “The Court will be like the National Industrial Court of Nigeria that exercises jurisdiction on matters related to employnment and other industrial related matters.

    “All the decisions of the court will be appeallable to the Court of Appeal and all appeals ends at the Court of Appeal.

    “There will no longer be the need to take away about 500 judges from their normal court responsibilities to sit on Election Tribunals all over the country.

    “We have enough human resources to serve the Court in all capacity. My Lords, there exists Constitutional courts in many countries of the world, where such jurisdictions as proposed function effectively to relieve regular Courts of political cases.

    “For example, countries like India, South Africa, South Korea, Egypt, Zambia, Ireland, Spain, Portugal, Italy and Germany.

    “In all these countries, records are available to show that Constitutional courts have become a solution that enhances jurisprudence, specialization and promotion of political stability through judicial interventions.

    “Nigeria is perhaps the only country in the world where litigation on political disputations including election causes is the highest in the world.

    “The Courts including the Supreme Court have constituted the most reliable pillar of support for the practice of democracy since 1999”, BoSAN added in its speech that was read by Chief Adegboyega Awomolo, SAN.

    Besides, the SANs noted that the 1995 Constitution that was promulgated by the Federal Military Government under General Sani Abacha, made provision for the establishment of a Constitutional Court.

    “With a hindsight, one can safely say that it was a grave error, an unfortunate one for that matter that the Court was not established in 1999 when General Abdulsalami concluded the Military Governance in Nigeria.

    “We believe the advantages of a National Constitutional Court are too great to be ignored at this stage of our constitutional development.

    “The Court will be busy all through the year, specialization in the Bench and the Bar will help the country politically and jurisprudentially.

    “Twenty three years of uninterrupted political governance have given opportunity to make structural adjustment or remodeling of the Courts and administration of justice.

    “The Country will benefit from the gains of jurisprudential literature and experience of the Judiciary.

    “The cost of establishing and maintaining this Court will be equal to the sum being wasted on provision of logistics, convenience and security for judges, hundreds of support staff who are made to traverse the length and breadth of Nigeria to adjudicate on political and election cases.

    “We urge that this suggestion be given national conversation, with a view to encouraging the Parliament to turn its attention to policies that will strengthen the structure of our administration of justice”, the legal body added.

    (Vanguard)

  • Alleged Misconduct: NBA President Shuns Call To Bar Ceremony Presided Over By Olanipekun

    The President of the Nigerian Bar Association, Senior Advocate of Nigeria, Yakubu Maikyau, on Tuesday, declined to participate in the call to bar ceremony presided over by the Chairman, Body of Benchers, Chief Wole Olanipekun (SAN).

    In a statement, the NBA president said to do so would be to endorse, celebrate or condone a practice that he considered unwholesome and unprofessional, by virtue of the Rules of Professional Conduct for Legal Practitioners 2007.

    The NBA president’s action comes two days after he wrote a letter to the Chairman of the Body of Benchers asking him to step aside and not preside over the call to bar ceremony.

    He cited allegations of professional misconduct against Olanipekun in the wake of the scandalous email by a former partner in his firm, Ms Adekunbi Ogunde to SAIPEM, an expatriate company claiming that the senior lawyer uses his office as BoB chairman to influence judges and get favorable judgements for his clients.

    In his statement, the NBA President detailed what had transpired at Monday’s meeting of the Body of Benchers.

    “At the meeting of the BoB held on 5 December 2022, I drew the attention of the Chairman to my letter and called for deliberations on same since it directly impacts on the propriety of the Chairman presiding over the Call to Bar ceremony, but this was not done nor were the hard copies of the letter distributed to the Benchers,” it read in part.

    “The meeting of the BoB was adjourned to January 2023, on a date to be fixed by the Chairman. In the circumstances therefore, having regard to my firm persuasion that the matters raised in my letter should have led the BoB to ask the Chairman to recuse himself in the interest of safeguarding the integrity of the Legal Profession, I am in good conscience unable to attend and participate in the Call to Bar Ceremony.

    “The NBA under my leadership cannot be part of the ceremony superintended by the current Chairman of the BoB for all the reasons stated in my letter under reference. To do so will be to endorse, celebrate or condone a practice that I consider unwholesome and unprofessional, by virtue of the Rules of Professional Conduct for Legal Practitioners 2007.

    “The NBA under my leadership remains committed to the protection of the integrity of the Bench and the Bar and will not shirk that responsibility.”

    (Channels TV)

  • Senate president, Lawan loses at Appeal Court

    Senate president, Lawan loses at Appeal Court

    The Abuja division of the Court of Appeal has affirmed the judgment of a Federal High Court in Damaturu, Yobe State, which declared Bashir Machina as the genuine candidate for the All Progressives Congress( APC), Yobe North senatorial district.

    In a unanimous judgment delivered by the President of the Court of Appeal, Justice Monica Dongban-Mensem, the appellate court dismissed the appeal filed by the Senate President, Ahmed Lawal, for lacking in merit.

    Justice Dongban-Mensem, who led Justices Haruna Tsammani and Peter Ige resolved all the issues formulated by the appellant against him.

    In dismissing the appeal, the court awarded N1 million against the Senate president in favour of the 1st defendant.

    It held that the primary election of the APC conducted on June 9 relied upon by the appellant, contravened the provisions of the Electoral Act, as same was not monitored by the Independent National Electoral Commission(INEC).

    “Section 84 (5) of the Electoral Act 2010, provides that the 3rd defendant(INEC) must be present at every primary election of a political party seeking to nominate candidate for political offices.

    “This section is designed to checkmate political parties who involved in acts of impunity and also to check political parties holding parallel primaries.

    “INEC must be in attendance to ensure internal democracy and to identify authentic candidates that emerged from these primaries,” Justice Dongban-Mensem held.

    Justice Fadima Aminu of the Federal High Court had in her judgment held that Machina remained the APC authentic candidate for Yobe North Senatorial District.

    Machina had emerged as the winner of the primary election supervised by INEC officials where the senate president, Ahmed Lawal did not participate because he was one of the presidential aspirants.

    Lawan had contested and lost the APC presidential primaries to a former Lagos State Governor, Senator Bola Ahmed Tinubu.

    (Sun)

  • CJN swears in 62 lawyers as SAN

    CJN swears in 62 lawyers as SAN

    The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola, will today confer Senior Advocate of Nigeria (SAN) on 62 lawyers elevated to the rank by the Legal Practitioners’ Privileges Committee (LPPC).

    The swearing-in ceremony will kick-start the new legal year of the Supreme Court. Among the successful legal practitioners are three lawyers prosecuting for the Economic and Financial Crimes Commission (EFCC). While two of them – Sylvanus Tahir and Rotimi Oyedepo – are employees of the EFCC, Wahab Shittu, is engaged by the anti-graft agency as a private prosecutor for specific cases.

    Chief Registrar of the Supreme Court, Hajo Bello, who doubles as the secretary to the LPPC, said the successful candidates comprised 53 in the advocacy category while the other nine are of the academic category.

    The rank SAN is awarded as a mark of excellence to members of the legal profession who have distinguished themselves as advocates and academics.

    Members of the Inner Bar, as SANs are fondly called, enjoy some privileges including having seats reserved for them in the front rows of all courts with priority accorded their cases in court.

    They are also distinguishable from other lawyers by their attire which is styled differently from the gown other lawyers wear. Theirs is called silk .

    Other successful candidates include Bolarinwa Elijah Aidi, a former Director of Public Prosecution DPP, Federal Ministry of Justice, Diri Said Mohammed, Bankole Joel Akamolafe, Mohammed Abubakar, Johnson Ugboduma, Lawrence Oko-Jaja, Christopher Oshomegie, Sanusi Sai’d; Oladipo Tolani; Ayodeji Omotoso; Chijiokr Erondu; Ajoku Obinna; Yakubu Maikasuwa; Henry Omu; Dagogo Iboroma; Joseph Akubo; Gozie Obi; Inam Wilson and Abubakar Gambari. Those from the academia category Kathleen Okafor, Muhammed Andulrazaq, Amokaye Gabriel, Ismail Olatunbosun, Abdullahi Zuru, Joy Ezeilo, Theodore Maiyaki, Olaide G adamosi and Chimezie Okorie.

    (Sun)

  • Court orders arrest of Imo state Deputy Speaker

    Court orders arrest of Imo state Deputy Speaker

    The Federal High Court sitting in Abuja, on Friday, issued warrant for the arrest of the Deputy Speaker of the Imo state House of Assembly, Hon. Amarachi Iwuanyanwu, following his alleged involvement in a N785million fraud.

    The court, in a ruling that was delivered by Justice Inyang Ekwo, directed the Economic and Financial Crimes Commission, EFCC, the Nigeria Police, the Department of Stats Services, the Nigerian Immigration Services and the Interpol, to arrest the lawmaker on sight, “anywhere he is sighted in Nigeria or outside Nigeria and produce him before this honourable court or to the EFCC headquarters, Abuja”.

    The order for Iwuanyawu’s arrest was sequel to an ex-parte application dated November 14, which the EFCC brought before the court through its lawyer, Mr. Olanrewaju Adeola.

    In the application marked: FHC/ABJ/CS/2124/2024, EFCC, told the court that it got an intelligence that the lawmaker had since escaped from the country and is currently hiding in the United States of America, USA.

    It told the court that the Respondent refused to make himself available to respond to a petition that was lodged against him and his company, Sun Gold Estate Limited.

    According to the EFCC, a firm, Hakiz Investment Company Limited, had in the petition that was signed by its lawyer, Mr. A. A Malik, SAN, and addressed to its Chairman, alleged that it had sometime in 2012, entered into a Memorandum of Understanding, MoU, with Iwuanyawu’s company to develop an estate comprising of 14 units of 4 bedroom terrace and one blocks of 6 flats on the petitioner’s land situated at Mabuchi Abuja.

    It told the court that the agreement was that upon the completion of the estate by the Respondent, the complainant, who is the owner of the land, would take 40% of the building, while the Respondent, being the developer, would take 60% of the building.

    However, the anti-graft agency alleged that its investigations revealed that “upon completion of the estate, the Respondent sold all the buildings and criminally diverted the funds without the knowledge of the Complainant”.

    “That the market value of 40% of the buildings is about N785million.

    “That investigation is still ongoing and all invitations extended to both Iwuanyanwu and his company proved abortive.

    “That a lawyer to the Respondent had on one of the occasions, received a copy of the invitation on his behalf and made promises that he would be available for questioning.

    “That there is an intelligence report that the Respondent is in the USA

    “That without the suspect being apprehended or voluntarily coming to state their side of the story, the investigation will be incomplete.

    “That in the light of the calculated effort by the suspect to remain evasive, there is need to place the suspect on watch list of the Commission, the police and any other law enforcement”, EFCC averred in an affidavit that was deposed to by one of its officials, Ufuoma Ezire.

    EFCC maintained that it would be in the interest of justice for the court to issue an arrest warrant against the Respondent.

    It predicated the application for an arrest warrant to be issued against the Respondent on section 35(1) (c ) of the 1999 Constitution, as amended, sections 3, 37 and 39(1) of the Administration of Criminal Justice Act, 2015, as well as sections 6, 7, 13 and 41 of the EFCC (Establishment Act) 2004.

    The Commission told the court that it had since written investigation activities letters to the Corporate Affairs Commission, Banks, and other relevant agencies.

    Meanwhile, in his ruling, Justice Ekwo held that there was merit in the ex-parte application and accordingly granted it.

    Specifically, the court, made an order: “Issuing a warrant of arrest against Hon. Amarachi Iwuanyanwu.

    As well as, “An order of this honourable court authorizing and or directing the EFCC, Nigeria Police, Department of State Services, the Nigerian Immigration Services and the Interpol to arrest on sight Hon. Amarachi Iwuanyawu anywhere sighted in Nigeria or outside Nigeria and produce her before this Honorable court or to the EFCC headquarters, Abuja”.

    Justice Ekwo adjourned the matter till February 23 for report

    (Vanguard)

  • [UPDATED] Court refuses ordering INEC to resume voter registration exercise

    [UPDATED] Court refuses ordering INEC to resume voter registration exercise

    Justice Inyang Ekwo of the Federal High Court, Abuja, yesterday, refused to grant a request directing the Independent National Electoral Commission (INEC) to resume the Continuous Voter Registration (CVR) exercise.

    The court refused to grant the request on the grounds that the days left for registration in line with the law were very few.

    According to the judge, going by the date of the verdict, INEC would have had “just a few days away from 90 days before the general election”.

    Ekwo, however, declared that INEC “is expected, pursuant to the provisions of Sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Acts, 2022, to continue voters registration, update and revision of voters register until 90 days before the general election billed to take place on Feb. 25 and March 11.

    “It is the constitutional responsibility of the defendant (INEC) to make sure that every prospective Nigerian voter, who has shown desire to register to vote, is not deprived his civil right to register and participate in the forthcoming general elections scheduled to take place on February 25, 2023 and March 11, 2023.”

    The judge held, “This court is unable to grant relief number 3 of the plaintiffs, because going by the date of this judgement, the defendant will have just a few days away from 90 days before the general election of February 25 and March 11, 2023.”

    The plaintiffs, Anajat Salmat, Earnest Stanley, Chief Charles Okafor, and Mr. Samuel Oluwakemi, had dragged INEC to court for stopping the voter registration exercise on July 31.

    The plaintiffs, in the suit marked: FHC/ABJ/CS/1343/2022, prayed the court for three reliefs, which included, “A declaration that the defendant is expected pursuant to the provisions of Sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Acts, 2022, to continue voters registration, update and revision of voter’s register till 90 days before the general election.

    “A declaration that it is the constitutional responsibility of the defendant to make sure that every prospective Nigerian voter, who has shown desire to register to vote is not deprived their civil right to register and participate in the forthcoming general election.

    “An order of court directing the defendant to resume immediately the registration of new voters, updating and revision of the register of voters until at least 90 days to the general election slated to hold on February 25, 2023 and March 11, 2023.”

    But Ekwo held, “The case of the plaintiffs therefore succeeds on the merit and I answer their sole question in the negative. I also answer the questions of the defendant as follows: Question 1, partially in the positive, and Question 2, in the positive.”

    INEC, in its argument, had said it ended the CVR exercise at the time it did, so that the Permanent Voters’ Cards (PVCs) could be printed in good time, and the distribution of same could commence in earnest.

    (Thisday)

  • Court of Appeal sacks Akpabio as APC senatorial candidate

    Court of Appeal sacks Akpabio as APC senatorial candidate

    The Abuja division of the Court of Appeal has set aside the judgment of Federal High Court Abuja, removing Godswill Akpabio as the All Progressives Congress (APC) candidate for Akwa Ibom North West Senatorial District.

    A three-member panel of justices read by Justice Danlami Senchi on Monday held that Akpabio failed to file a proof of arguments within the time provided by the rules.

    The panel further ruled that Akpabio, being a presidential aspirant of the APC, could not participate in the valid primary of the party held on May 27 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.

    A Federal High Court in Abuja had on September 22 asked INEC to reinstate Senator Akpabio as APC’s candidate, being the candidate nominated by the party in the second primary of June 9.

    The lower court had directed that INEC accepts the former Minister of Niger Delta as the APC flagbearer.

    The court also ordered that INEC publish Akpabio’s name as APC senatorial candidate for Akwa Ibom North/West senatorial district in 2023, stating that the Commission acted illegally by refusing to accept and publish the former governor’s name when it was submitted to it by the APC as its candidate.

    Justice Emeka Nwite who delivered judgment held that Akpabio was validly nominated as the Akwa – Ibom North/West Senatorial District candidate of the APC from the primary conducted by the party’s National Working Committee (NWC) on June 9, 2022.

    The trial Judge faulted INEC for electing to monitor the May 27 primary, conducted by an illegal faction of the party led by Augustine Ekanem as against the June 9 primary authorized conducted by the APC NWC.

    (Vanguard)

  • Another lawyers association emerges, as Nigeria Bar Association splits

    Another lawyers association emerges, as Nigeria Bar Association splits

    Another professional association of lawyers different from the Nigeria Bar Association (NBA), the Law Society of Nigeria (LSN) led by Mr. Kunle Ogunba, SAN, has emerged.

    This was contained in a statement yesterday by the National Publicity Secretary of the LSN, Mr Douglas Ogbankwa.

    The legal practitioners in Nigeria had been hitherto regulated solely under the umbrella of the NBA founded in 1933. Ogbankwa said in the statement that the LSN emerged in a bid to redefine the ideas of the founding fathers of legal profession. Ogbankwa referred to the LSN as a “new sheriff in town”.

    He described the legal profession in Nigeria as having a chequered history spanning from “the sublime to the ridiculous.”He said:“ In redefining the ideas of the founding fathers of the legal profession in Nigeria, the Law Society of Nigeria, a new professional association of lawyers called to the Nigerian Bar, has been established.

    “This is in keeping with international best practices, which allow for an alternative to ensure that lawyers thrive within the realm of those they have shared values with.” According to Ogbankwa, in a letter dated October 24, the pro tem National Executive Committee of the LSN notified the Body of Benchers of the association’s existence and its national officers.

    “The LSN, with membership spread all over Nigeria, exists to empower the legal profession with quality member services, facilitate access to justice, maintain and advance the cause of justice, and promote the rule of law through advocacy and good governance,” he stated.

    He listed the executives of the LSN as follows: Ogunba (SAN), President: Mr Nimi Walson-Jack, Vice President; Mr Abdulqadir Alhaji Sani, Secretary; Mr Olasupo Ojo, Welfare Secretary; and Mrs Chioma Ferguson, Treasurer.

    Other executive members are Mr Douglas Ogbankwa, Publicity Secretary, Mr Zara Umar Yakubu, Financial Secretary; Mrs Alice Ogaku Awonugba, Assistant Secretary; and Mr Hassan Sheriff, Assistant Publicity Secretary.

    “It is on the verge of uncommon and necessary reforms in our legal annals and the ageless egalitarian posture on freedom to lawfully associate, that the LSN also writes your distinguished body, introducing herself,” he stated.

    (Sun)