Judiciary

By Isaac Haastrup

An Osun State High Court sitting in Ilesa has ordered the immediate arrest and detention of the Inspector General of Police, IGP, Alhaji Alkali Baba Usman at the Ilesa Correctional Centre for consistent disobedience to court orders.

Delivering the ruling, the presiding judge, Justice A.A. Aderibigbe noted that the IGP’s disregard for the rule of law is unworthy of a senior federal official and a violation of the 1999 Constitution.

The court order is consequent upon an application in suit no; HIL/M.4/2023 brought by Ismaila Oyawola, Hammed Ajiboye, Oba Temitope Komolafe, Oyawola Morufu, Saka Lekan Akeem and Bright Benjamin Segun on the gross violation of their fundamental human rights by the police.

Justice Aderibigbe also mandated the respondents jointly and severally to pay to the second and third applicants the sum of fifty million naira only, being general and aggravated damages for the gross violation of their fundamental rights as guaranteed by the constitution of the Federal Republic of Nigeria 1999 as amended.

The judge equally ordered the Osun State Commissioner of Police to produce the IGP and Mr Jona before the court on April 4, 2023 for hearing of the committal proceedings.

The court also made a mandatory order compelling the police to release the Toyota Camry with Registration number: LSR605HN, Toyota Camry marked LSR606HN, Hyundai Sonata marked KTU374HP belonging to the applicants on bond pending the hearing and determination of the suit.

However, the court ordered that the 2nd and 3rd applicants be admitted to bail in the sum of one million naira each and one surety each in like sum pending the hearing of the application in this suit.

Respondents in the case are Mr. Jona, Inspector Anthony Nwabara, DCP Tunji Disu, Assistant Inspector General of Police, Force Intelligence Bureau, Abuja, Commissioner of Police, Osun State and Area Commander, Ilesa, ACP Ben Uchenna Anionwo and the Inspector General of Police.

The applicants approached the High Court that the respondents had repeatedly arrested, detained and molested the 2nd and 3rd applicants on 25 January 2023 by the 2nd and 7th respondents on the promptings and unjustifiable allegations made by the 1st respondents. 

Council to the applicants, Mr Rasheed Kolawole had on January 31, 2023, filled an order of Interim injunction restraining the police from continuously arresting, inviting and detaining the second and third applicants in connection with the evacuation of the first respondent’s abandoned metal scrap (excavator) from Igun village or sold by the first complainant on the lawful authorization of the Osun State government, pending the determination of the court on the matter.

The counsel to the applicants also demanded that the respondents should pay forthwith to the 1st, 4th, 5th & 5 applicants the sum of ten million naira only being general and aggravated damages for the gross violation of their fundamental rights as guaranteed by the constitution of the Federal Republic of Nigeria 1999 as amended.

After reading the motion and hearing the applicant’s counsel, Mr Kolawole prayed to the court to grant all the reliefs sought while the respondents were absent and not legally represented having seen the proof of service in the court file.

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Security

Ekiti State House of Assembly has approved the creation of state police and state judicial council in the ongoing fifth alteration to the Amendment to the 1999 Constitution of the Federal Republic of Nigeria.

The Assembly presided over by the Speaker, Funminiyi Afuye, also aligned with the National Assembly on the alteration to stipulated rules on how the principal officers of the Houses of Assembly should be removed from offices to ensure stability in the system.

The constitutional amendment bill was transmitted to the House of Assembly from the National Assembly in March 2022 for input.

The assembly Leader of Government Business, Gboyega Aribisogan, told journalists that the lawmakers ratified the alteration to the issue of law reform in the country for radical improvement in the qualities of laws that will guide the three arms of government.

Aribisogan said: “At the plenary today, the Assembly approved some areas being considered for an amendment to the 1999 constitution by the National Assembly. What we did was just a concurrence to the amendments and not further alterations to what had been done by the National Assembly.

“These include the approval for the Law mandating the state to have state police to improve security across the county. We also approved a law stating the procedure to be followed for the removal of the principal officers of the Houses of Assembly to ensure stability and improve the quality of governance.

“The Assembly also unanimously approved the alteration to the constitution allowing State to have a law backing the establishment of State Judicial Council just like the National Judicial Council at the federal level so that the Judiciary can be autonomous.

“The Assembly also approved the amendment to the proper regulation of the law reform to ensure that quality laws are made to guarantee good legislation and robust governance and equality in the system,” he said.

Also at the plenary, the Ekiti State Economic Development Council (Amendment) Bill 2022 which deals with the composition and other matters of the Council was also passed, while a bill for the creation of additional three local council development areas and two other bills were considered by the lawmakers.

Punch/Simeon Ugbodovon

Judiciary

Renowned Lawyer and former President of the Nigeria Bar Association, NBA, Chief Wole Olanipekun has called for a new constitution for Nigeria in the interest of the coming generations of the country.

The renowned lawyer maintained that no amount of amendment of the 1999 constitution could guarantee its functionality and make it useful for the advancement of Nigeria’s progress.

Speaking at a lecture at Redeemers’ University Ede, Osun State on the topic titled “Beyond the Pandemic: Creating an Evolving New Normal”, Chief Olanipekun submitted that, no country in the world practised the Nigerian type of federalism, where the centre arrogates all powers to itself at the expense of the federating units.

Chief Olanipekun explained that in the old Western Region, the Chief Obafemi Awolowo/Akintola-led Administration could build the first television station in Africa, first stadium and many other significant infrastructures because the independence and 1963 constitution allowed for true federalism where the regional governments did not need to seek federal permission or license to do what was expected of them.

He pointed out an instance in the constitution where Section 214 provides that there shall be a police force for Nigeria, saying that such is grossly ineffective for a country with a landmass of over nine hundred thousand square kilometres, over three hundred ethnic groups, thirty-six states and a population of over two hundred and six million people.

The legal luminary noted further that even the proposed amendment of the 1999 constitution being handled by the National Assembly was carried out without due consultation with the people as the so-called zonal public hearing held in that regard was hastily conducted without giving voice to the people.

It is the position of the learned Senior Advocate of Nigeria that as the whole world attempted to evolve a new normal from the COVID-19 regime, getting a working constitution that would enhance the capacity of the federating units as it was in 1963 was the first step to getting the new normal.

He pointed out that apart from the total overhaul of the constitution, chapter two of the document which provides for the government’s responsibilities to the people should be made justiciable so that the people could truly hold the government accountable if it fails to act to the terms of the constitution.

The former NBA president who remarked that Nigeria youths have the capacity to transform the country if given the right environment as attested by the monumental impacts they were making in across the world, however, charged them not to lose hope or join the trend of destroying the country, but rather they should continue to ask questions and interrogate governments and public institutions in the interest of the country and their future.

Adenitan Akinola

Politics

The Independent National Electoral Commission, INEC, has fixed 18th of June 2022 for the Ekiti State Governorship election.

The information is contained in a time-table signed by the Commission’s secretary, Mrs. Rose Oriaran-Anthony.

The commission quoted Section 178 (1) &(2) of the 1999 Constitution and section 25 (8) of the Electoral Act which empowers it to conduct election to the office of the governor not earlier than 150 days and not later than 30 days before the expiration of the tenure of the incumbent Governor.

According to the time table, political parties are expected to conduct their primaries including resolution of disputes arising from the exercise between 4th and 29th of January, 2022.

The commencement of campaigns by political parties in public is billed for March 20, 2022.

The statement affirms that the tenure of Governor Kayode Fayemi will end on October 15, 2022.

Amos Ogunrinde

News Analysis

Cases of kidnapping for ransom, highway robbery and herdsmen attacks have taken a difficult dimension in parts of Oyo State, which is affecting residents, expatriates and businesses.

Towards the end of last year, a female quarry worker, Damilola Agboola was abducted at Moniya Area, Ibadan and this came few days after two Indians were kidnapped near the old Toll Gate along Lagos – Ibadan Expressway.

Shortly before that incident, a Lebanese, Hassan Mills was rescued from his abductors, sadly, an officer of the Nigeria Security and Civil Defence Corps lost his life while a soldier sustained injuries.   

It was as a result of the killing of a prominent farmer in Ibarapa area of Oyo State, Fatai Aborode that youths in the area staged a peaceful protest recently.

While the dust is yet to settle on the Aborode killing, three persons were killed by unknown gunmen in Idere in Ibarapa Central Local Government Area of Oyo State.

One of the victims, was the owner of a filling station, Mrs Sherifat Adisa who was abducted and killed while the others, two nine-year-old girls had gone to the station to buy fuel but got caught in the attack.

With the policing system strength of the nation is about thirty-seven thousand which majority of them have been deployed to guard the very important personalities and many of the soldiers have been overwhelmed with joint operations in some states.   

With the deteriorating security situation in the country, it is not viable for any state government to depend on the federal government for security of their state as they need to should develop and sustain their own security system to guard the security of lives and property of its citizens.

A Senior Advocate of Nigeria, Femi Falana recently noted that notwithstanding the shortcomings of the 1999 constitution, there are some residual powers reserved for state governments, which have not been explored to promote the development of the country.

It is therefore necessary that state governors need to leverage on these provisions to insist on power sharing with the federal government with respect to the management of the economy and security of the nation as stipulated by the constitution.

Oyo State government must seek legal advice from lawyers on how to explore constitutional provisions available to secure the lives and property of its people.

The Amotekun Corps in collaboration with other security agencies should be formidable enough to flush out the bandits and robbers hibernating in the state’s forests, and patrol the intra-state highways and roads with the assistance of relevant, maximising technology.

To have a reputable security system entails leadership and efficient coordination which Oyo State government needs to inculcate, coupled with the joint efforts of courageous and capable professionals will reduce the insecurity situation to the barest minimum.

Giving out intelligence report from members of the public would also go a long way in tackling insecurity as they are closer to the grassroots.

While a robust relationship between security personnel and the public must be paramount for them to earn their trust in working together as police cannot be everywhere.

Fawzeeyah Kasheem

News

The House of Representatives has passed for second reading a bill that seeks to amend the Currency Conversion (Freezing Orders) Act, Cap. C43, Laws of the Federation of Nigeria, 2004 to give discretionary powers to the Judge of a High Court, to order forfeiture of assets of affected persons.

Leading a debate on the general principles of the bill, sponsor of the bill and Deputy Speaker of the House, Alh Idris Wase said the discretionary power previously granted to the President by the Principal Act will be replaced by that of a High Court Judge to bring it in line with the spirit of the Constitution as such powers can be abused by the President.

According to Wase, the provision for forfeiture in the Laws is geared towards ensuring that persons found guilty of offenses do not benefit from the proceeds of those offences, adding that the doctrine of forfeiture is regulated by several legal regime captured in various Laws such as The Code of Conduct Bureau and Tribunal Act, Cap C15, among others.

He stressed that section 9 of the Currency Conversion (Freezing Orders) Act, which was first enacted in 1971 contains a provision which deals with the subject of forfeiture that vest the discretion to order forfeiture of movable and immovable properties on the President of the Federal Republic.

According to him, considering that the Constitution guarantees right to movable and immovable property as a Fundamental Right under Chapter IV, Section 44, a person cannot be deprived of such rights except in circumstances stipulated by the Constitution, stressing that Section 9 of the Principal Act runs afoul of the spirit of the Nigerian constitution.

The Deputy Speaker argued that the provision which vests in the President the power to order forfeiture of property (both movable or immovable) is not in line with the provisions of the 1999 Constitution (as amended), hence the need for its amendment.

Ibrahim Shehu/FRCN Abuja

Politics

As Nigeria marks Democracy day, Osun state Governor, Mr Gboyega Oyetola has described the recognition of June 12 as Nigeria official democracy day as a tribute to courage.

A cross-section of activists in the state also called for a review of the 1999 constitution to truly make it the people’s constitution.

Correspondent, Adenitan Akinola captures the mood of June 12 celebration in the State.

https://radionigeriaibadan.gov.ng/wp-content/uploads/2020/06/Democracy-day-Osun.mp3

Adenitan Akinola

Politics

Oyo State government says it insists on the full observance of the 1999 Constitution (as amended) regarding the ongoing controversy surrounding the dissolution of the 68 illegal local council chairmen in the State.

A statement by the Chief Press Secretary to the Governor, Mr. Taiwo Adisa maintains that the government’s position became imperative following the alleged threats of violence by the sacked illegal chairmen and the stay-at-home order issued to all local government workers in the state by the National Union of Local Government Employees (NULGE).

The statement warns individuals threatening to derail the peace of the state to desist from such a ruinous path or face the full wrath of the law.

It adds that the government will not begrudge the NULGE for directing its members to stay away from work in response to persistent threats emanating from the sacked chairmen of local councils and LCDA.

The statement also urges all workers in the state to reject any act of brigandage by persons or groups seeking to derail the peace and progressive governance in the state.

According to the statement, the issues concerning the tussle over local government administration in Oyo State are before the Court of Appeal and that the two cases are scheduled for hearing on February 19, 2020.

It, therefore, reiterates that any lover of peace, progress and democracy will have no problems waiting to hear from the court on that day.

Iyabo Adebisi