Tag: conclusion

  • 2010 bombing: Okah’s trial nears conclusion eight years after

    2010 bombing: Okah’s trial nears conclusion eight years after

    •Court schedules Feb 21 for adoption of final addresses

    THE trial of Charles Okah and Obi Nwanbueze over the 2010 Independent Day bomb incident at the Eagle Square, Abuja is nearing conclusion as Justice Gabriel Kolawole of the Federal High Court, Abuja yesterday scheduled February 21 for the adoption of final addresses.

    Justice Kolawole chose the date yesterday after taking arguments from parties on the prosecution’s application for leave to regularise one of its exhibits.

    Okah, Nwabueze, Edmund Ebiware and Tiemkemfa Francis-Osvwo (aka General Gbokos) were initially arraigned before the court on December 7, 2010 over their alleged involvement in the bomb blast that killed about 12 people  and injured many others.

    Francis-Osvwo later died in prison custody and Ebiware, who had his trial conducted separately, is serving life sentence upon his conviction in 2013, leaving Okah and Nwabueze to jointly stand trial the charge.

    Yesterday, parties were to adopt their final address when the lead prosecution lawyer, Alex Izinyon (SAN), applied for the court’s leave to regularise one of his documents.

    The document is a list of items mentioned by John Afolabi, the 1st prosecution witness in his testimony, which was tendered and later admitted in evidence, as exhibit 1.

    Justice Kolawole had on April 23, 2017 overruled the defence’s objection to the admission of the list in evidence.

    Justice Kolawole admitted the document, but gave defence lawyers the option of addressing the court on the weight to be attached to the document.

    Defence lawyers – John Afolabi (for Okah) and Emeka Okafor (for Nwabueze) objected to Iziyon’s application yesterday.

    Okafor said allowing Izinyon to withdraw the document for the purpose of stamping it would amount to stealing a match from behind.

    He urged the court to dismiss the application.

    Okafor argued that the application of the prosecution counsel “is alien and unknown to law and the criminal procedure of Nigeria”.

    Okafor contended that granting the application would amount to mistrial of the defendant.

    “Granting of the application upon presented facts, at this stage of the trial, will orchestrate a serious miscarriage of justice, and abuse of court process,” Okafor said.

    Responding, Iziyon noted that the court had in its ruling on April 23, 2015, permitted him to stamp the document out of time.

    “Judgment has not been given in this case. The prosecution may decide to even amend the charge at any stage of trial. We don’t want to leave any stone unturned,” Izinyon said.

    After taking arguments, Justice Kolawole adjourned to February 21 for ruling on Iziyon’s application and the adoption of parties’ final addresses.

     

  • Mercy Aigbe’s marriage saga: We’ll pursue case to logical conclusion -Lagos Govt

    Mercy Aigbe’s marriage saga: We’ll pursue case to logical conclusion -Lagos Govt

    The Lagos State Government has secured a restraining order for Nollywood actress, Mercy Aigbe from any further abuse by her husband, Lanre Gentry.

    Lagos State Commissioner for Women Affairs and Poverty Alleviation, Mrs. Lola Akande, and Coordinator of Domestic and Sexual Violence Response Team (DSVRT), Mrs. Titilola Vivour-Adeniyi, who spoke with our reporter on Wednesday said the order henceforth prevents Mr. Gentry from getting close to his wife until further notice, assuring that the government would pursue the case to a logical conclusion.

    Akande who commended the courage of Aigbe for voicing out her ordeal, urged other women going through similar situation to come out and voice out their plight.

    “I must commend the courage of mercy, because what she did is what other women who are victims of domestic violence out there need to do, they don’t need to hide it except they want to die there.”

    The visibly angry commissioner said it was so disheartening to see the state Aigbe was when she came to her office to report the case, “she was coughing blood from her nose and mouth and she had injury on her face which the doctor said she must have an operation.

    “I was so angry that I needED to see the face of the man that did this to her, and so we invited him and he came yesterday (Tuesday) to say his own side of the story to the official in charge of domestic violence but any man that can beat a woman to a pulp like that to the extent that she is still coughing blood one week after the incident needs to have his head examined.

    “I asked him what if they do something like this to your sister or even to your child how will you feel? He said she offended him, but is that why he must kill her? Can’t they settle scores like adults?” She asked.

    She said the government has currently involved their legal team adding than soon, a legal action will be taken regarding the case.

    Vivour-Adeniyi, on his part said Mr. Gentry may be charged for domestic violence, adding that he is also expected to appear in court in two weeks’ time to give reasons why the restraining order should not be made perpetual.

    The DSVRT Coordinator said the State Governor, Mr. Akinwunmi Ambode was committed to stemming the tide of domestic violence, regardless of who the victim or the offender is, saying that Mercy Aigbe is yet another victim which would be treated according to the law.

    She said, “We are actually working on the case with the Ministry of Women Affairs and Poverty Alleviation (WAPA), we are handling both civil and criminal. The criminal aspect of the domestic violence has been reported to the DPO of Area F and we accompanied her to the station with a view to charging the criminal aspect to court. So that is being handled.

    “The civil aspect which is to ensure that she is protected, that is where the restraining order comes in, which is provided by the Prevention Against Domestic Violence Law 2007. So, we approached the family court and we got a restraining order on her behalf, restraining Mr. Gentry from I think one mile from her.

    She said the Police was handling the criminal aspect of the case. “The police are investigating and they are supposed to charge him to court for prosecution”.

    She urged other victims suffering domestic violence from abusive partners to approach a court to seek a restraining order, noting that the State Government through the DSVRT in most cases intervenes on behalf of a victim even when such is reported by an anonymous person.

    “Don’t forget that domestic violence is a crime and a crime is committed against the state. So, the state can come in, conduct investigation and can actually approach the family court for a restraining order. The law actually encourages busy body to act on behalf of victims of domestic violence, knowing well that most times victims of domestic violence don’t want to come forward, so peradventure of the law, the State has the ability to approach the family court on behalf of the victim, just to ensure that the victim is safe.

    “The restraining order is not necessarily to criminalise or to punish, but to protect, because don’t forget that most times even when the victim leaves the abusive relationship, if she is walking on the street, she is still hovering round and checking if anybody is following her or stalking her and most times the perpetrator might have threatened to kill her, so the restraining order is to protect her, her surroundings, her children if any or her properties, that is the main aim of the restraining order, it is so powerful but people don’t know that they can literally walk into the court and get that restraining order,” Vivour-Adeniyi explained.

  • Conclusion of a 2012 letter to Gen. Gowon

    Your Excellency, we urge you to see this perspective. Trying to heal Nigeria’s diseases with a supposedly almighty Nigerian wand has never worked, and it will never work. Military regime after military regime thought that the way to solve Nigeria’s problems was to pursue a centralizing, forced-unifying and forced-integrationist path. Well, they succeeded in centralizing, but that made the problems of Nigeria enormously worse. In the place of the locally based leaderships and local loyalty and passion that had moved the regions forward fairly strongly in the 1950’s, they strapped on all parts of the country a leadership with a pseudo-national orientation, a leadership divorced from the ruled in all localities, a leadership with no empathy for, or loyalty towards, the ruled. Then, as civilian politicians, using all their political power and influence, and the huge wealth that they had acquired in political offices, they proceeded to institutionalize the new brand of leadership by creating a powerful political party, the PDP, to encapsulate it all. And the outcome is that this super-party is able to force its candidate at election time on any state or local government, rig him into position, and demand of him loyalty to the culture of the party and not service to his own people. In the process, public corruption, already mountainous and all-pervasive, grew greatly in stature and confidence – and the common people for whom the state and local governments were established could only watch helplessly as they are robbed and raped. To be able to get any share at all, most ordinary Nigerians began to worship the robbers and rapists. Things could not be worse even if Nigeria were conquered by a horde of foreign bandits.

    In short, Your Excellency, the solution is not more centralization, or the fostering of more, or other, super-powerful political groupings. The solution is to restore control to the people – to empower the people to nurture again a leadership that is produced by the people and that serves the people. And there is no other way to accomplish this than by empowering each ethnic nation to call out its traditional ethical norms and laws and cultural influence for the guidance of its own affairs. There is no other conceivable way to get it done. There is some news as this is being written, that some super-powerful politicians are working on creating another super-powerful party to seize power from the PDP. Even if this new group manages to achieve the seizure of power, there can be no real change. The supermen of the defeated group will only stream to the party of the new holders of power – and the country will then return to square one. In the end, it will only be like replacing the leopard with the hyena as gate-keeper to the animal farm; neither will do anything other than steal the goats. It is because more and more Nigerians are coming to see these truths that the volume of voices is growing for either the replacement of the 1999 Constitution by another constitution that restructures our federation, or the outright dissolution of Nigeria.

    Your Excellency, we are distressed that, in your statement, you would castigate the Nigerians promoting these demands as “idealists who cannot wait to see a “perfect” Nigeria,” and who “agitate for the cancellation of the 1999 Constitution on the premise that there was too much concentration of power and resources at the centre”, and as “demagogues and other anarchists who will sooner take Nigeria back to the chaos of the 18th century”, who want “to see the country balkanized into small territories to be headed by tribal leaders”, who “desire the country’s break-up into “geo-political territories, whereby big ethnic groups may swallow up small ones without a challenge”, and who are “asking for a new constitution that will allow them keep 100 per cent of money derived from the sale of oil that is extracted within their territories”.

    We really must urge you, Your Excellency, to rethink these sentiments. “Chaos of the 18th century”! Is that the way a leading son of Africa like you, sir, should describe the history of your people? What was the chaos of the 18th century? The Hausa kingdoms? The Sokoto Caliphate that came later to unify most of the Hausa kingdoms? The Yoruba kingdoms and the Old Oyo Empire? The Kanem-Bornu Empire? The kingdoms of the Edo, Igala, Nupe, or Tiv? The kingdoms of the Western Igbo or the village democracies of the rest of Igboland? The states of the Ibibio or the city states of the Ijaw?   Are these and other significant cultural and political creations of our history the chaos of the 18th century?

    In a way, it is greatly valuable that you voiced these sentiments – valuable because you thereby highlight a very important weakness and flaw in the way many leading citizens of Nigeria view their country and handle its affairs. For such citizens, our past as peoples was generally one of barbarism, chaos and oppression; it was the white man, the British, that brought civilization, order, peace, and law to our lives. Therefore, why should we even think of examining what they created and gave to us? Why should we ever think of looking closely at the Nigeria that they gave us, and why should we ever want to strive to mould  it, or the management of it, to suit our own cultural ways? We had no culture!

    Your Excellency, please ponder these things, and it will strike you what terrible consequences this way of looking at our past has wrought in the corporate life of Nigeria. Do you see in the rulers and leaders of Nigeria and its various states today the same near-sacred devotion to the public good, the same dignified joy in service to their subjects, that characterized the rulers and chiefs of the Yoruba kingdoms? What researchers are finding is that Yoruba kingdoms were ruled according to certain pan-Yoruba ethical norms that limited the power of rulers, respected the dignity of the individual in society, promoted the welfare of all in society, and provided a high code of conduct for rulers, chiefs, and other prominent persons (a code of conduct that was fiercely enforced through powerful ritualized institutions). According to these researchers, this political culture had the effect of making the Yoruba person a citizen who values his freedom of choice in society, who expects to be decently respected by those holding authority in society, who expects probity and accountability in his rulers and chiefs. On the basis of these standards, can those who lead and rule the Yoruba in Nigeria today be really called Yoruba leaders? Of course, the Yoruba are being used here only as an example. Many other Nigerian nations have much to be proud of too.

    The noise of anger, desperation, resistance, conflict and turmoil are audible all the time from every part of Nigeria. What those noises mean is widespread rejection of the prevailing conditions of governance and leadership among all the peoples of Nigeria. Even the common people of the Arewa North, whose leaders have ruled Nigeria much longer than leaders from other regions, have seen very little that is aimed at the improvement of their quality of life. In all regions of Nigeria, it is the political leaders that are doing well for themselves; the welfare of the masses of the people is no longer a factor in government at any level. Create constitutional arrangements and systems that empower each nation to produce and control its leadership in its own way, and the quality of leadership and governance will improve dramatically across Nigeria.

    Finally, we ask you to note the conclusion enunciated by Karl Meier in his book on Nigeria entitled: This House Has Fallen. He stated that the only long-term solution in Nigeria to the crises that arise in a multi-ethnic state is for the various Nigerian nationalities, however many they may be, to “sit down and negotiate how they want to govern themselves and how they want to share their resources, and to decide whether they want to ultimately live together. Until they begin that process of internal reconciliation, at best Nigeria will lurch from crisis to crisis. At worst, it will fall apart”.

    We also ask you to acknowledge that there are countless Nigerians of your calibre who believe that Nigeria, like other multi-nation countries in the world, may, or even will, (or perhaps even should), dissolve into many smaller nation states. Given that, our continuing to follow the path we have followed since independence – the path of nation-building through a highly centralized state structure and the depression of our ethnic nations – holds a high potential for a violent end. Even if the ultimate fate of Nigeria will be dissolution, let us work to make it peaceful – let us make a violent parting unnecessary.

  • Ogonis welcome clean-up, seek conclusion of legal action

    The Ogoni people of Rivers State have praised the begining of the clean-up of their land and restoration of their means of livelihoods.

    The Bodo communities in the state are, however, seeking the conclusion of the case they filed in London against Shell Petroleum Development Company (SPDC) for destroying their land.

    The communities, made up of over 16,000 people, have insisted that they would pursue the action to its logical conclusion.

    The Chairman, Council of Chiefs, Bodo Communities, Mene Slyvester Kogbara, at the weekend in Lagos told The Nation that his people are excited that the government has finally acceded to their demand that their land, waters and other natural habitats, be restored years after they were destroyed by the SPDC.

    He said his people were happy about the remediation exercise initiated by President Muhammad Buhari, stressing howver, that they would continue with the court case.

    He said: ‘’Without doubt, the sons and daughters of Bodo communities and the entire Ogoniland are happy that the government is planning to revamp their land. We received the idea with open arms. However, we are looking forward to a situation where the technical points or grey areas in the court case would be heard by our solicitors. We want our lawyers to get to the technical details of the matter.’’

    He said there is need to sort out the technicalities involved in the matter before the British court.

    The Bodo communities had, a few years ago, hired Leigh Day, a United Kingdom (UK) based legal firm to serve as their solicitors in a case involving them and the oil major.

    The people had demanded justice for the oil pollutions that have denied them opportunities of practising their traditional occupation of farming and fishing. Part of their demands included payment of an agreed sum as compensation and cleaning of their land by Shell.

    However, Shell has claimed responsibility for cleaning up the land in the past, contrary to the position held by the people of Ogoniland that the oil firm has neglected them.