Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Saturday, 24 May 2014
Uche Nnaji, Dayo D1, Ibinabo Fiberisima, others made NDLEA ambassadors
Thursday, 3 April 2014
Murder Of 3 NNPC Engineers At Arepo: Absence Of Witness Stalls Trial
Murder Of 3 NNPC Engineers At Arepo: Absence Of Witness Stalls Trial
— April 1, 2014
The absence of a prosecution witness on Tuesday stalled the
trial of 10 men charged with pipeline vandalism and murder at Arepo,
Ogun, at a Federal High Court, Lagos.
The accused are Joel Inerepamu, 25; Reuben Oluwole, 60; John Isaiah, 28; Ineye Okposa, 40; Timi Gunuguu, 22; and Olisa Saheed, 25.
Others are Jigo Jiperende, 31; Timi Koro, 29; Johnbosco Igbhofose, 26; and Peter Opidi, 28.
They are standing trial on a seven-count charge bordering on vandalism and murder.
At the resumed hearing of the case on Tuesday, the trial was halted because the prosecutor, Justin Enang, could not produce his witness in court.
Enang informed the court that the witness had travelled for the burial ceremony of his father, and urged the court to grant a short adjournment.
In a swift reaction, Justice Mohammed Idris cautioned the prosecutor against time wasting and general handling of the case.
He reminded the prosecutor that the accused had been in prison custody since 2012 when they were arrested.
Idris said he had granted accelerated hearing of the case because of its criminal nature.
The judge threatened to vacate the order for accelerated hearing and admit the accused persons to bail if the prosecutor failed to diligently prosecute his case at the next date of adjournment.
He adjourned the case to May 8 for continuation of trial.
The News Agency of Nigeria (NAN) reports that the accused were re-arraigned on April 29, 2013 on an amended seven-count charge.
They had all pleaded not guilty to the charge of vandalism and murder.
The judge had ordered the 10 accused to be remanded at Ikoyi Prisons and granted accelerated hearing of the case.
Earlier, the prosecutor had told the court that the accused committed the offences on Sept. 5, 2012 at about 6.00 p.m. at Arepo.
He said the accused had conspired to vandalise an oil pipeline located in the area and scooped large quantities of petrol for sale.
He alleged that the accused, on sighting engineers of the Nigeria National Petroleum Corporation (NNPC) on routine maintenance of the pipelines, opened fire on them.
Three of the engineers were immediately shot dead, Enang added.
According to him, the offences contravene Sections 3(6), 7(a), 7(b), and 17(a) of the Miscellaneous Offences Act, Laws of the Federation, 2004.
The offence of murder contravenes the provisions of Section 319 of the Criminal Code, Laws of the Federation, 2004. (NAN)
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The accused are Joel Inerepamu, 25; Reuben Oluwole, 60; John Isaiah, 28; Ineye Okposa, 40; Timi Gunuguu, 22; and Olisa Saheed, 25.
Others are Jigo Jiperende, 31; Timi Koro, 29; Johnbosco Igbhofose, 26; and Peter Opidi, 28.
They are standing trial on a seven-count charge bordering on vandalism and murder.
At the resumed hearing of the case on Tuesday, the trial was halted because the prosecutor, Justin Enang, could not produce his witness in court.
Enang informed the court that the witness had travelled for the burial ceremony of his father, and urged the court to grant a short adjournment.
In a swift reaction, Justice Mohammed Idris cautioned the prosecutor against time wasting and general handling of the case.
He reminded the prosecutor that the accused had been in prison custody since 2012 when they were arrested.
Idris said he had granted accelerated hearing of the case because of its criminal nature.
The judge threatened to vacate the order for accelerated hearing and admit the accused persons to bail if the prosecutor failed to diligently prosecute his case at the next date of adjournment.
He adjourned the case to May 8 for continuation of trial.
The News Agency of Nigeria (NAN) reports that the accused were re-arraigned on April 29, 2013 on an amended seven-count charge.
They had all pleaded not guilty to the charge of vandalism and murder.
The judge had ordered the 10 accused to be remanded at Ikoyi Prisons and granted accelerated hearing of the case.
Earlier, the prosecutor had told the court that the accused committed the offences on Sept. 5, 2012 at about 6.00 p.m. at Arepo.
He said the accused had conspired to vandalise an oil pipeline located in the area and scooped large quantities of petrol for sale.
He alleged that the accused, on sighting engineers of the Nigeria National Petroleum Corporation (NNPC) on routine maintenance of the pipelines, opened fire on them.
Three of the engineers were immediately shot dead, Enang added.
According to him, the offences contravene Sections 3(6), 7(a), 7(b), and 17(a) of the Miscellaneous Offences Act, Laws of the Federation, 2004.
The offence of murder contravenes the provisions of Section 319 of the Criminal Code, Laws of the Federation, 2004. (NAN)
Stay up to date, follow us on Twitter; @thundergist
Falana Asks CJN To Reinstate Suspended Rivers CJ
Falana Asks CJN To Reinstate Suspended Rivers CJ
— April 2, 2014
A human rights activist, Mr. Femi Falana (SAN) has described
as subversive of the rule of law and invitation to anarchy, the
suspension of the Chief Judge of Rivers State, Justice Peter Agumagu by
the National Judicial Council (NJC).
According to Falana, the NJC’s suspension of Agumagu is illegal and unconstitutional, saying that there is the need for the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar-led NJC to reverse his suspension and withdraw the query issued to him on the grounds that his appointment was sequel to a verdict of the Federal High Court.
In a statement made available to LEADERSHIP yesterday, Falana cautioned the NJC not to expose the judiciary to unwarranted ridicule, adding that rather, the NJC should pursue the appeal which it filed against the judgment of the Federal High Court on the matter.
Falana added that since Agumagu “was not accorded any form of fair hearing as stipulated by section 36 of the Constitution his suspension cannot be justified in law”.
The senior advocate further said, “Instead of exposing the judiciary to unwarranted ridicule the NJC is advised to pursue the appeal which it has filed against the judgment of the Federal High Court on the crisis. The NJC under the able and incorruptible leadership of the CJN has done excellently well in repositioning the judiciary. As a body constituted majorly by the cream of the legal profession, the NJC should not allow itself to be diverted from the ongoing progressive sanitization of the judiciary”.
Recalling past similar situation where the NJC accorded fair to Judges involved unlike Agumagu’s case, Falana said, “Not too long ago Justice Ayo Isa Salami, the immediate past President of the Court of Appeal was given fair hearing by the NJC before he was placed on suspension. Ditto for Justice Mohammed Talba of the High Court of the Federal Capital Territory.
“Even the Justice of the Court of Appeal and the two High Court judges who were recently indicted and warned by the NJC were given fair hearing. It is therefore inexplicable why the NJC decided to suspend Justice Agumagu before asking him to explain the allegations of judicial misconduct levelled against him by a member of the NJC”.
Citing Justice Lambo Akanbi’s judgement in which he held that the interpretation of section 171 of the constitution by the NJC was patently erroneous and that the governor is not a robot to accept the recommendation of the NJC hook, line and sinker, Falana said, “The judgment may be wrong but that remains the law until it is set aside.
“In the circumstance, the incendiary statement issued by the NJC after its emergency meeting last week in which the body purported to have set aside the judgment of the Federal High Court is the height of contempt. As the NJC is not an appointing authority, it lacks the power to suspend the Chief Judge of Rivers State or any judge in Nigeria for that matter.
“Section 11 (1) of the Interpretation Act provides that where an enactment confers a power to appoint a person to an office or to exercise any functions, whether for a specified period or not, the power includes the power to remove or suspend him. In the case of Justice Salami, the NJC illegally suspended him from office”.
Noting that what is sauce for the goose is sauce for the gander, Falana added: “President Goodluck Jonathan approved the suspension and appointed an acting President for the Court. However, when the NJC decided to recommend his reinstatement, it was rejected by the appointing authority. In like manner, Governor Rotimi Amaechi of Rivers State has rejected the purported suspension of the Chief Judge by the NJC.
“Since the Chief Judge was not appointed by the NJC, the latter lacks the vires to suspend him. No doubt, the NJC is empowered to recommend the appointment, suspension or removal of a judge to the appointing authorities. As a recommending body, the NJC should desist from placing judges on suspension without the approval of the appointing authorities i.e. the President and State Governors”.
According to Falana, the NJC’s suspension of Agumagu is illegal and unconstitutional, saying that there is the need for the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar-led NJC to reverse his suspension and withdraw the query issued to him on the grounds that his appointment was sequel to a verdict of the Federal High Court.
In a statement made available to LEADERSHIP yesterday, Falana cautioned the NJC not to expose the judiciary to unwarranted ridicule, adding that rather, the NJC should pursue the appeal which it filed against the judgment of the Federal High Court on the matter.
Falana added that since Agumagu “was not accorded any form of fair hearing as stipulated by section 36 of the Constitution his suspension cannot be justified in law”.
The senior advocate further said, “Instead of exposing the judiciary to unwarranted ridicule the NJC is advised to pursue the appeal which it has filed against the judgment of the Federal High Court on the crisis. The NJC under the able and incorruptible leadership of the CJN has done excellently well in repositioning the judiciary. As a body constituted majorly by the cream of the legal profession, the NJC should not allow itself to be diverted from the ongoing progressive sanitization of the judiciary”.
Recalling past similar situation where the NJC accorded fair to Judges involved unlike Agumagu’s case, Falana said, “Not too long ago Justice Ayo Isa Salami, the immediate past President of the Court of Appeal was given fair hearing by the NJC before he was placed on suspension. Ditto for Justice Mohammed Talba of the High Court of the Federal Capital Territory.
“Even the Justice of the Court of Appeal and the two High Court judges who were recently indicted and warned by the NJC were given fair hearing. It is therefore inexplicable why the NJC decided to suspend Justice Agumagu before asking him to explain the allegations of judicial misconduct levelled against him by a member of the NJC”.
Citing Justice Lambo Akanbi’s judgement in which he held that the interpretation of section 171 of the constitution by the NJC was patently erroneous and that the governor is not a robot to accept the recommendation of the NJC hook, line and sinker, Falana said, “The judgment may be wrong but that remains the law until it is set aside.
“In the circumstance, the incendiary statement issued by the NJC after its emergency meeting last week in which the body purported to have set aside the judgment of the Federal High Court is the height of contempt. As the NJC is not an appointing authority, it lacks the power to suspend the Chief Judge of Rivers State or any judge in Nigeria for that matter.
“Section 11 (1) of the Interpretation Act provides that where an enactment confers a power to appoint a person to an office or to exercise any functions, whether for a specified period or not, the power includes the power to remove or suspend him. In the case of Justice Salami, the NJC illegally suspended him from office”.
Noting that what is sauce for the goose is sauce for the gander, Falana added: “President Goodluck Jonathan approved the suspension and appointed an acting President for the Court. However, when the NJC decided to recommend his reinstatement, it was rejected by the appointing authority. In like manner, Governor Rotimi Amaechi of Rivers State has rejected the purported suspension of the Chief Judge by the NJC.
“Since the Chief Judge was not appointed by the NJC, the latter lacks the vires to suspend him. No doubt, the NJC is empowered to recommend the appointment, suspension or removal of a judge to the appointing authorities. As a recommending body, the NJC should desist from placing judges on suspension without the approval of the appointing authorities i.e. the President and State Governors”.
Anambra Guber: Tribunal Rejects AIT’s DVD In Evidence
Anambra Guber: Tribunal Rejects AIT’s DVD In Evidence
— April 3, 2014In his ruling after listening to arguments by Dr Onyechi Ikpeazu, (SAN), counsel to Governor Willie Obiano who is the third respondent in the matter, Chief Gbenga Awomolo (SAN) for the Independent National Electoral Commission (INEC) and its resident electoral commissioner (REC) in Anambra State, as well as O.J Nnadi (SAN) for the All Progressives Grand Alliance (APGA), the tribunal chairman, Justice Ishaq Bello said the condition for admitting the evidence which is a disc containing computer generated information on the said governorship election by Daar Communications Plc, owners of African Independent Television (AIT) is that it shall be presented by the maker, otherwise, it lacks any value.
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Agumagu Remains Our CJ, Rivers Tells NJC
Agumagu Remains Our CJ, Rivers Tells NJC
— April 3, 2014The NJC, headed by the chief justice of Nigeria, Justice Aloma Mariam Mukhtar, last week suspended Agumagu as a judicial officer, and gave him four days to answer a query on why he should not be removed.
The state attorney-general and commissioner for justice, Hon Worgu Boms, who made the position of the state government known while addressing journalists at Government House, Port Harcourt, described the suspension as illegal and unconstitutional, insisting that Agumagu remains the substantive chief judge of the state.
Boms said, “The position of NJC which is very unfortunate, gives an equally unfortunate and misleading impression to the public that the appointment of the Hon Justice PNC Agumagu as chief judge of Rivers State, occurred in nibubus (from the skies) and with no contribution of the NJC to it or that there is no history behind it. The Hon Justice PNC Agumagu, the NJC wants the world to believe, just woke up, walked to the State House and got appointed and sworn in as the chief judge. This impression is misleading, self-serving and diversionary.
“It is important to state from the outset that the NJC has always preferred the doctrine of the Most Senior Judge of the High Court, in the appointment of the chief judge of Rivers State and in particular, the Hon Justice D.W. Okocha, as its candidate for the position.”
“In its single-minded pursuit of the actualisation of this doctrine and preference, it enunciated further the doctrine that only a Judge of the State High Court is qualified for consideration for the office and that the Hon Justice Agumagu, then, President of the State’s Customary Court of Appeal, could not be allowed to cross over to become the State Chief Judge.
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