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Tag: court order

  • JOHESU appeals court order, insists on strike

    The Joint Health Sector Union (JOHESU) is appealing an order of interim injunction from the National Industrial Court (NIC), compelling it to immediately resume duties.

    Addressing an emergency news conference on behalf of the national body of JOHESU in Abuja yesterday, Dr Godwin Okara, the Chairman Assembly of Healthcare Professionals Association (AHPA), said the matter is now at the Court of Appeal.

    Okara said JOHESU had filed Court Processes before the Court of Appeal on May 21, challenging the locus standi of the Kingdom Human Rights Foundation International, an NGO, and the jurisdiction of the court to entertain the suit.

    He said the union only received the NIC order at 5.39 pm on Friday (May 25).

    “An Order of Interim Injunction compelling JOHESU to immediately resume duties was just served on JOHESU at 5.39 p.m. on Friday May 25.

    “We have the greatest respect and regard for the Judiciary of our country Nigeria.

    “It has always proved to be the bulwark of our democracy, the last hope of the common man and the flagship of the vanguard for law and order in human society,” he said.

    Okara described the suit as a calculated attempt by the Federal Ministry of Health and the NGO to demonise JOHESU through sustained misinformation and falsehood.

    The JOHESU official explained that the briefing was aimed at updating the media and the general public on the latest developments affecting the industrial action.

    He explained that the union decided to seek legal redress when it noticed that there was an intention by the parties to tarnish the image of its members on the mass media when they have not received any court order.

    “JOHESU had before the receipt of this Court Order filed Court Processes in the National Industrial Court and the Court of Appeal on May 21, 2018, challenging the locus standi of the NGO and the jurisdiction of the court to entertain the suit.

    “The move is a follow up to the calculated attempt to demonise JOHESU through sustained misinformation and falsehood by the Federal Ministry of Health and the Kingdom Human Rights Foundation International, an NGO, which is neither our employer nor a party to the agreement JOHESU signed with Government.

    “The NGO has constituted itself into a meddlesome interloper,” Okara said.

    He also expressed concern over the persistent attempts by the Nigerian Medical Association (NMA) to misinform the public through malicious fabrication of accusation and blatant lies that JOHESU members had locked up theatres, consulting rooms, laboratories and wards.

    Okara dismissed insinuations by the NMA that their members were intimidated by JOHESU officials and hospital authorities lack the power to keep the gates and doors of our health facilities open.

    “It beats my imagination that NMA will go to any ridiculous length in giving bad names to a dog in order to hang it,” he said.

    According to him, JOHESU members have conducted themselves with the highest degree of restraint and discipline in the face of provocation and double-dealing by the Federal Ministry of Health and NMA.

    The AHPA chairman commended the leadership of the Senate for their recent intervention aimed at ensuring full and amicable resolution of the crisis.

    Okara also appreciated all men and women of good conscience that have lent their voices of reason to JOHESU’s struggle for improved healthcare facilities in the country, justice, fairness and equity in the health sector.

     

  • Peace Corps:Why AGF should compel police to obey court order

    It is now crystal clear, especially for those who invested so much hope and aspirations in the so-called Transformation Agenda of the incumbent Inspector-General of Police, Ibrahim Kpotun Idris, that they have lost their investment. For want of a better expression, the Police remains its same old self—truculent, repressive, dictatorial and above all, lawless.

    In Nigeria today, the rule of law is increasingly under attack. In simple term, the law has two qualities; its “spirit”, and its “letter”. The spirit of the law infers that administration of law is about redressing unjust situations. It has long since been declared dead in Nigeria. In saner climes when people commence litigation their objective is to seek justice.

    Back home in Nigeria, the reverse seems to be the case. Our Courts are increasingly used to frustrate justice.  As for the letter of the law, Nigerian lawyers continuously seek ways in which to twist the meaning of very simple words to ensure that cases drag on for years and guilty persons go free. The legendary Lord Denning warned about allowing people to… “use the law to escape justice!”  Nigeria has graduated from the indiscipline of the 1980’s to lawlessness. Lawlessness isn’t the absence of laws, but rather a disrespect for them and the inability to enforce them.

    This disrespect for rule of law and the courts has just manifested itself in the recent judgment given by Justice Gabriel Kolawole of the Federal High Court, Abuja on Thursday, 9th November, 2017, in the case between the Peace Corps of Nigeria VS the Nigeria Police and others. In the aforementioned judgment, Justice Kolawole specifically held that the Police and other security agencies involved in the invasion of the PCN office were reckless in their action and acted outside their statutory powers.

    Consequently, he ordered the Police, being the ‘’Chief Antagonist’’  to immediately unseal the Corporate Headquarters of the Corps and pay N12.5million damages to the officials of the PCN, who were unlawfully arrested, brutalized and illegally detained.

    Instead of respecting the valid court order by peacefully vacating the Corporate Headquarters of the PCN, which it illegally sealed off since Tuesday, 28thFebruary, 2017, the Police, in its characteristic arrogant and intransigent manner, flagrantly disobeyed the court order. The Police, which claimed that it was still studying the judgment and awaiting further directives from the Office of the National Security Adviser (NSA), also said that its earlier action against the Corps was at the instance of the NSA. Imagine the cheekiness! Can this kind of thing happen in any part of the civilized society?

    Even when some concerned Nigerians under the umbrella of Coalition of Civil Society Organizations for Justice and Equity (CCSO-JE) led by the President of Lawyers Integrity Crusade Network, Barr. Edward Omaga, decided to further the cause of justice through enforcement of the Order by mobilizing journalists, staff and well wishers of the Corps to make the Police see reason why the office should be vacated on Thursday, 16th November 2017, the Police rather became aggressive as over one hundred more policemen were mobilized to completely take over the office. What manner of country is this?

    In a country where there is respect for constitutionality and rule of law, a Valid Court Order like the one given by Justice Kolawole for the reopening of the PCN office will be clinically executed and not toyed with in such a cavalier manner that the Police have done. This high level of impunity that the Police have displayed is a direct affront on the culture of integrity that President Muhammadu Buhari’s administration is instilling in the governance of the nation, which if not nipped in the bud, has all the potentials of further smearing our country’s image in the comity of nations.

    This explains why the President, through the office of the Attorney-General and Minister of Justice should urgently wade into this budding crisis by ordering the Inspector-General of Police to withdraw his men from premises of the office of the PCN. The great works that the President has done in the last two years to burnish Nigeria’s image internationally must not be allowed to be rubbished by the selfishness of the leadership of this foremost law-breaking (sorry, law-enforcement) agency. The notoriety of the Police in abusing the fundamental human rights of the citizenry which has flourished over the years must be halted forthwith.

    It would be recalled that the Corps had won several cases against the police in the past. They include: Suit NO: FHC/ABJ/CS/231/2010; Suit NO: FHA/ABJ/CS/481/2012, which was delivered on 22nd April, 2012; Suit NO: FHC/ABJ/CS/613/07 and a report of Police Investigation into the activities of the Corps dated 25th April 2008, which exonerated the Corps of any criminal activity.

    In the aforementioned police report titled: RE: REQUEST FOR POLICE CLEARANCE/EXTRACT OF INVESTIGATION REPORT ref no CR: 3000/FHQ/ABJ/VOL.66/85 dated 25th April 2008, which emanated from the Office of the IGP, the Police said: ‘’Discreet police inquiries conducted on the activities of the PCN (formerly known as International Peace Corps), among other things, to ascertain the legality of its existence, its activities and motives, objectives of its formation as well as the identity of its promoters did not reveal any negative motive or threat to security.

    ‘’Since its 11years of existence (1993-2004), it has operated in twenty-six (26) states and the FCT. From available records, the Corps as an entity has not been involved in any shady deals or any anti-social or subversive activities that constituted security threat.’’ This investigation was conducted at the instance of the then President Olusegun Obasanjo GCFR..

    Similarly, the Independent Corrupt Practices and other Related Offences Commission (ICPC), while exonerating the PCN of allegations of extortion of money from applicants said in its report dated9thJuly, 2015 and signed by Adedayo A. Kayode (HOD Investigation) thus:

    ‘’The Commission investigated a case bordering on the violation of the Corrupt Practices and other Related Offenses Act 2000. The Peace Corps of Nigeria was alleged to ‘’extort’’ the sum of N40,000 from every potential member into the Corps. However, after a thorough investigation by the Commission, this allegation has been proven to be false as this amount collected by the Corps represents a subsidized rate for enlisted members for the provision of complete uniform kits and the payment is voluntary.’’

    For an organization like the PCN that has rule of law as the fulcrum of its existence to be so wantonly abused and humiliated by an agencies of the government without fear of any repercussive consequences baffles all right thinking Nigerians.. The Corps, just like the erudite Justice Kolawole said in his ruling, has not committed any infraction against the laws of the land to warrant such a cavalier treatment. We are not in a banana republic, where the rule of the jungle reigns supreme. As a law-enforcement agency, the primary responsibility of the Police anywhere in the world is to ensure that the laws of the land are not infringed upon. But it is rather sad to note that the Nigeria Police has long departed from such well respected established norms and embraced the crude policy of reckless violation of the same laws it is expected to enforce. The time for President Muhammadu Buhari to tame the seemingly lawless Nigeria Police is now if his enviable record as the most democracy-friendly President is to be sustained. Let the PCN office be unsealed without further delay.

    Ochela, a former newspaper editor and media consultant, wrote in from Abuja

  • Immigration boss accused of flouting court’s order

    Immigration boss accused of flouting court’s order

    The Comptroller-General of Immigration (CGI), Muhammadu Babandede has been accused of flouting an order made by the National Industrial Court of Nigeria (NICN) restraining him and two others from harassing and intimidating an aggrieved official of the Nigerian Immigration Service (NIS) who sued them.

    The allegation is contained in a reply affidavit filed by the aggrieved NIS official, Daniel Makolo in response to an affidavit to show cause filed by Babandede and others in response to a contempt proceedings commenced against them upon the issuance of Form 49 on them by the court.

    The court had on July 19 this year, made an order ex-parte retraining the NIS, the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB) and the CGI from harassing or intimidating the applicant and from carrying out any promotion exercise pending the determination of the substantive suit.

    Makolo, a Chief Superintendent of Immigration filed the substantive suit marked: NICN/ABJ/208/2017 earlier this year, alleging discrimination and fraudulent practices in the promotion exercises being carried out by the NIS.

    He among others, also accused the Immigration authorities of discriminating against him because of his critical stance against some unlawful practices in the NIS.

    Shortly after the order was made, Makolo returned to the court by filing Forms 48 and 49 against the defendants on the grounds that they flouted the order by allegedly proceeding with the promotion exercise and subjecting him to further harassment.

    In their response to the Form 49, titled “affidavit to show cause,” Babandede and others denied flouting the court’s order, but insisted that since the applicant was still a serving NIS official, he was not immune to Service Rules and Regulations.

    The Special Adviser to the CGI on Investigation and Compliance, Manir Yari stated in the affidavit that despite the pending suit, “subjecting the applicant to those rules therefore is not an act of harassing or intimidating the claimant/applicant.”

    But, in his reply to the defendants’ affidavit, Makolo accused the defendants of persistently harassing him and even threatening to eliminate him.

    He stated that despite his pending suit and the court’s order the defendabts issued him a query and subjected him to the NIS’ disciplinary committee.

    Makolo particularly accused Babandede of being behind threats to his life;  the quit notice issued to him to vacate his official quarters at the NIS Headquarters, Abuja and his eventual forceful eviction by armed officials of the NIS, while he was away in Lagos.

    He said: “While I was away in Lagos to see my family, the 3rd defendant (CGI) mobilised the 1st defendant (NIS’) officers to and did trespass; broke into my apartment at Block A, Flat 2 NIS Senior Officers Quarters along Airport Road, Sauka on 30th September 2017 at about 9.45am and forcefully ejected me by self-help, from my duly allocated apartment.”

    Makolo, who accused the NIS officers, who allegedly broke into his apartment, of removing his valuable property, listed some of them to include his wife’s gold jewelries worth N5million, $35,000.00 meant for his children’s school fees and upkeep at the Eastern Mediterranean University, Cyprus and N450, 000.00 meant for the air fare ticket of one of the children back to school.

    He said the incident affected his health and plans for his children to return to school and that he is now compelled to put up in a hotel, where he pays N10, 000 daily.

    The applicant stated that the office of the lawyer, representing him in the case, located at Suite A26, Abuja Shopping Mall, Wuse Zone 3, was also burgled and broken into between 23rd and 24th September, during which files and documents relating to his case were stolen among other valuable items.

    Makolo stated that “the 3rd defendant has consistently boasted of his connection in high places, saying to the hearing of people, while referring to me that ‘my people have quashed the case and I will eliminate him and throw away his corpse and nothing will happen, this is Nigeria.

    “This desire, he has not relented; taking it to a ridiculous extent unbecoming of a Chief Executive of an organisation like Nigeria Immigration Service,” Makolo said.

    He equally attached copies of the petitions he wrote to the Inspector General of Police (IGP) and the Executive Secretary, National Human Rights Commission (NHRC), accused Babandede of threatening his life.

    When parties returned to court on October 31, the trial judge, Justice Kado Sanusi adjourned to December 4 for the hearing of processes filed in relation to the contempt proceedings.

    Upon complaint by the applicant that he was still being harassed, Justice Sanusi warned the defendants to desist from any unlawful act and abide by the subsisting court order.

  • Oando gets court order to stop forensic audit, share suspension

    Oando gets court order to stop forensic audit, share suspension

    Oando Plc has secured an ex-parte order from the Federal High Court restraining the Securities and Exchange Commission (SEC) from going ahead with the forensic audit of the energy group’s operations. Oando also secured interim injunction restraining the Nigerian Stock Exchange (NSE) from pacing the shares of the company under technical suspension as directed by SEC.

    The enrolled court order was served on both SEC and NSE yesterday. However, the NSE has since placed Oando’s shares under technical suspension since Monday, October 23, 2017.

    The court order restrains NSE and any other party working on its behalf from giving effect to the directive of the SEC to implement a technical suspension of the shares of the company pending the hearing and determination of the motion for injunction.

    It also restrains SEC and any other parties claiming through or working on behalf of the Commission from conducting any forensic audit into the affairs of the company pending the hearing and determination of the motion for injunction.

    In a statement signed by Chief Compliance Officer and Company Secretary, Oando Plc, Ayotola Jagun, Oando stated that it was of the view that the SEC’s directives were illegal, invalid and calculated to prejudice the business of the company.

    Two petitioners -Alhaji Dahiru Mangal and Ansbury Inc had filed petitions against Oando with SEC, alleging gross abuse of corporate governance and financial mismanagement. SEC had ordered placement of Oando’s shares under trading suspension at the NSE while directing a forensic audit of Oando.

    Oando yesterday stated that it found it necessary to take legal action because of contradictions in the directives by SEC and the need to protect the interest of its shareholders.

    “Having declared to the public that it has acted drastically to suspend the shares of Oando Plc due to its “weighty” findings in the course of its investigations, SEC then concludes that a forensic audit is necessary in order to investigate whether its findings are true. This is a clear contradiction. How did the SEC arrive at its findings if it cannot be sure of the veracity or otherwise of those findings and how did it ascribe the appropriate level of weight to be given to those findings, enough to warrant an immediate suspension followed by a technical suspension of the shares of the company, if those findings are still mere allegations at this point,” Oando stated.

    Oando noted that it had fully co-operated with the SEC since the commencement of this investigation in May 2017 and provided all information requested but it was evident that submissions made to the SEC were not duly considered due to the conclusions reached and actions taken, as all of the matters raised have been responded to in great detail with all supporting documents requested by the SEC.

    According to Oando, the Company repeatedly, through its Chairman, requested an audience with the SEC to enable it present its case before the Commission but to date, no invitation has been extended to the company.

    “Each of the alleged infractions has a penalty as prescribed by the respective provisions of the ISA, SEC Code, SEC Rules and Regulations, NSE Listing Rules and CAMA; none of them whether singularly or together warrants the suspension of free trading in the securities of the company or the institution of a forensic audit,” Oando stated

    The company pointed out that the latest actions taken by SEC are prejudicial to the business of the company as it would hinder the ability of the company to enter into new business transactions and affect the confidence that existing stakeholders have in transacting business with the company.

    The company stated that it has received numerous queries from critical stakeholders, including its lenders as a result of the SEC’s actions and an indefinite technical suspension of its shares as well as an open-ended forensic audit will negatively impact the ability of the company to conduct its day-to-day business and meet the expectations of all its stakeholders.

    According to the company, by two letters dated August 24th and August 28th, the chairman of Oando petitioned the Director General of SEC alleging bias and lack of due process in the way and manner in which the SEC has conducted this investigation.

    Oando alleged that the current action by the SEC, despite its internal findings, confirms that the SEC appears to be working to its own conclusion rather than looking at the facts before it and acting in the best interest of the company and the minority shareholders whom it claims it seeks to protect.

    Oando added that the cost implication of the forensic audit N160 million, which is to be borne by the company is onerous, unnecessary and irresponsible in light of the above submissions and not the best use of shareholder funds at this time.

    “It is our position that the SEC has not presented a strong case to support either the directive to suspend free trading in the shares of the company or the engagement of a forensic auditor to conduct an audit into the affairs of the company. The company reserves the exercise of its full legal rights in the protection of the company’s business and assets whilst remaining committed to act in the best interests of all its shareholders,” Oando stated.

  • Lawyer accuses police of frustrating court order

    Lagos lawyer, Kayode Fasetire, has accused the police of preventing the execution of a court order.

    Fasetire appealed to the Inspector-General of Police (IGP), Ibrahim Idris, to call the concerned individuals to order.

    Fasetire, who is counsel to Redorn Realtors Limited, told journalists that his client obtained a court order for the possession of a property located at 31a & b, Gafar Animashaun Street, Victoria Island, Lagos.

    He claimed that since the firm took possession, some mobile policemen have been trying to illegally reinstate the former owner into the property.

    Fasetire said his client bought the said property from Sterling Bank Plc in 2015, but that all efforts to gain entry into the property has been continuously frustrated by the police “on the orders of someone within the top echelons of the police force”.

    He explained that the former owners of the property, Tonique Oil Services Limited, lost its ownership after failing to pay back a N2billion loan facility it secured from Sterling Bank Plc.

    He said his client subsequently decided to buy the said property, which was on sale from Sterling Bank Plc at a cost agreed by both parties.

    Fasetire further noted that his client duly obtained a court order from a Lagos Magistrate’s Court for possession of the property, which was served on the occupant.

    He said: “On August 18, we took possession of the property only for the Managing Director of Tonique Oil Service Limited, Tony Adejuigbe, to storm the property three days later with some policemen and some persons suspected to be thugs.

    “We reported the matter to Maroko Police Station and he was subsequently arrested, but later released on bail.

    “We were shocked when on Friday another set of Mobile police officers again stormed the property. We have been unable to know who sent them and what their mission is on the property. But we believe someone high up in the police is using them to undermine the court orders.

    “Currently, some guards, who were mandated to secure the building by my client are being held hostage by the mobile policemen stationed in the building.”

    He urged the IGP to investigate the matter to aviod a break down of law and order.

     

     

  • Shittu: Adeleke’s family can only reject inquest on court order

    A legal expert, Mr Wahab Shittu, yesterday said the family of late Senator Isiaka Adeleke can only refuse to appear before a state-ordered inquest if the decision is backed by a court order.

    He said refusing to appear before a Coroner could be unlawful.

    Shittu, however, said the circumstances of the Senator’s death means it may not be ideal to compel the family to appear at the inquest.

    The University of Lagos (UNILAG) law teacher was reacting to the family’s rejection of a coroner’s Inquest ordered by the Osun State government to determine the cause of the politician’s death.

    Following Adeleke’s death on April 30, Governor Rauf Aregbesola signed an executive order setting up a coroner inquest under the state’s Coroner Law of 2002. He appointed a Magistrate, Mr Olusegun Ayodele, as the Coroner.

    Rejecting the inquest, the family said it was ill advised, self serving and its outcome per-determined.

    Shittu said other factors outside the legal  consequences of the family’s rejection of the inquest must be considered.

    “Without a court order, it’ll be difficult for the family to sustain its position, because that may be tantamount to interfering with lawfully constituted authority.

    “But these are not issues that can be resolved by legal considerations alone. We also have to take into cognizance other permutations, including the psychological feelings of the family.

    “This is why it’s not a matter that is strictly legal. There are extra-legal factors that need to be considered going forward,” he said.

    According to Shittu, the family has genuine reasons to be emotional.

    “Considering the circumstances surrounding Senator Adeleke’s death, the family or any other sane Nigerian is entitled to be suspicious. This was a man who a day previously was not showing any signs of any sickness. This may have informed the decision taken by the family, obviously out of frustration.

    “I must say that inspite of that, the family is advised to cooperate and collaborate with the state government in determining the cause of death of this great Nigerian.

    “I want to also believe that the government of Osun State under Ogbeni Aregbesola means very well in this exercise. The family will be doing the soul of the departed good if they cooperate until we see cogent and compelling evidence of complicity.

    “This inquest is not something that is capable of being manipulated because the entire world is watching,” Shittu added.

  • Ex-Council Chairmen urges Fayose to obey court order

    Ex-Council Chairmen urges Fayose to obey court order

    Following the judgment of the Supreme Court on Friday which ordered all their 15 months salaries and emoluments to be paid, former local government chairmen in Ekiti State have urged Governor Ayo Fayose to obey the order without delay.

    The Supreme Court ordered the Ekiti State government to pay all the entitlements, allowances and emoluments of the council officials illegally removed in 2010.

    The apex court in a unanimous decision affirmed the January 2013 Court of Appeal decision on the matter and asked Ekiti government to comply with immediate effect.

    Spokesman for the former council chairmen, Hon. Adeleke Olasunkanmi Ogunbiyi, in a chat with our correspondent shortly after the verdict was delivered expressed joy that justice has been served at last.

    Ogunbiyi who served as chairman of Ikere Local Government said the Judiciary has once again risen in defence of the oppressed by giving them justice six years after they were removed from office on October 29, 2010 barely two years into their tenure.

    The former council bosses were elected at the December 20, 2008 local government election during the administration of former Governor Segun Oni but were removed by his successor, Dr. Kayode Fayemi on grounds that the State Independent Electoral Commission (SIEC) which conducted the poll was not properly constituted.

    But Ogunbiyi urged incumbent Governor Fayose to pay them their outstanding salaries and allowances in line with the judgment of the Supreme Court, which is the highest court in the land.

    Ogunbiyi said: “We are happy that at last, justice has been done and we are all savouring it together. We still had 15 months to complete our tenure before our councils were dissolved and as law abiding citizens, we headed for the courts.

    “Although it took us six years before we got justice, we thank God that the Supreme Court has ruled in our favour. This is victory for democracy; it is also victory for the rule of law.

    “The judiciary has been the stabilizer of our democracy at it has consistently proved as the last hope of the common man. We are grateful to the Supreme Court judges for their industry and erudition in arriving at today’s verdict.

    “We want to appeal to Governor Ayo Fayose to obey the judgment without any delay, the judgment is clear and it is to the effect that we should be paid what is due to us for the remaining 15 months in our tenure.

    “We believe that government is a continuum, it has nothing to do with the party or personalities involved.

    “The judgment of the court must be obeyed and we believe that the governor is a law-abiding person, he will obey the law of the court.”

  • Three docked over alleged contempt of court order

    Three docked over alleged contempt of court order

    Three men, who allegedly disobeyed a court order by possessing plots of land already awarded to one Ogunlana’s family, were on Friday charged before an Igbosere Magistrates’ Court in Lagos.

    However, the accused were granted bail in the sum of N500, 000 each with two sureties each in like sum.

    The trio; Safari Sadiku, 67; Bayo Lawal, 53, and Bakare Ololade, 23, are facing a seven-count charge bordering on conspiracy, unlawful interference, contempt of court and forcible possession.

    The Prosecutor, Insp. Steven Molo, told the court that they committed the offences between February and March, at Agunfoye, Igbogbo in Ikorodu, Lagos.

    He said that the accused unlawfully entered into the plots of land belonging to Chief Kolawole Ogunlana’s family with the intent to cause breach of peace.

    Molo said that the accused forcefully took possession of the said land without any claim of right.

    “The land which was recently obtained by Ogunlana’s family through a writ of court,’’ he said.

    He alleged that the accused through their actions conspired to pervert and defeat the course of justice.

    Mole said the offences contravened sections 52, 53,104 (1), 123 (1), 97 (1), 338 and 409 of the Criminal Law of Lagos State, 2011.
    The accused pleaded not guilty to the charge.

    The Magistrate, Mr. Martin’s Owunmi, granted the accused bail in the sum of N500,000 each with two sureties in like sum.

    He added that the sureties must be gainfully employed.

    Owunmi adjourned the case to April 22 for mention.

     

  • Ripples in Bayelsa as House of Assembly flouts court order

    Residents of Bayelsa State, Saturday, lampooned the leadership of the Bayelsa State House of Assembly for refusing to swear-in the candidate of the African Democratic Congress (ADC), Mr. Ogbara Gabriel Michael, as directed by the Court of Appeal.

    The Court of Appeal sitting in Port Harcourt, Rivers State, on December 9, 2015, allowed the appeal of Ogbara and dismissed the ruling of the trial tribunal which ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll in Ogbia Constituency 3.

    In a judgement delivered by Justice Ejembi Eko, the court ruled that the ADC candidate won the April 11, 2015, House of Assembly election in the constituency and not the candidate of the Peoples Democratic Party (PDP), Naomi Ogoli

    Instead of obeying the order, PDP and Naomi filed a fresh application at the same court asking it to reverse its judgement of December 9.

    The applicants instead asked the court to uphold the ruling of the tribunal which ordered a fresh election in the constituency.

    It was gathered that a panel set up by the court was angry at the overtures of the PDP and its candidate describing their move as an abuse on judicial process.

    The panel upheld its initial judgement of December 9 which was delivered by Eko and asked the House to inaugurate Ogbara.

    The court in its judgement of December 9 said: “The order of the trial tribunal directing a rerun of the election is hereby set aside. In its place, the first appellant (Ogbara) is hereby declared the winner of the election conducted on April 11, 2015 in Ogbia Constituency III with the majority of lawful votes cast in the election.

    “The first respondent INEC is hereby ordered to forthwith issue to the first appellant, Ogbara Gabriel Michael of African Democratic Congress (ADC) the Certificate of Returns”.

    But investigations revealed that while INEC obeyed the order and issued the certificate of returns to Ogbara, the leadership of the PDP-dominated House had refused to honour the directive.

    The certificate of returns signed by the Chairman of INEC, Prof. Mahmood Yakubu, was dated December 21, 2015.

    It was gathered that the executive arm mounted pressure on the House leadership not to obey the order.

    But residents of the state frowned on the refusal of the House not to obey the order describing it as an affront to the rule of law and desecration of the temple of justice.

    The immediate past state Secretary, Civil Liberties Organisation (CLO), Mr. Alagoa Morris, regretted that the powers that be were frustrating obedience to a court order.

    He wondered why the House had refused to swear-in a candidate that had been issued a certificate of return by INEC.

    He said: “Sadly, the ruling and order of the Court of Appeal is yet to be acted upon by the leadership of the Bayelsa State House of Assembly; even though INEC, the election umpire has since honoured the Court Order and issued a Certificate of Return to the winner.

    “This is happening when tongues are wagging that the State Governor, who was a former police man, lawmaker and a legal practitioner by profession is not unaware of this attack on democracy.

    “The Governor himself, while speaking at his swearing in for a second tenure openly declared that God is the giver of power. One wonders how God gives power; if not the way the candidate for Ogbia Constituency 111 emerged as winner of the election of 11th April, 2015 and as declared by the Court of Appeal”.

    Morris said it was sheer wickedness to keep denying Ogbara his right to represent his constituents in the House.

    He said: “Denying this Bayelsan his due representation of his Constituency in the State House of Assembly smacks of abuse of office/power, impunity and disrespect for the rule of law and democratic ethos of election.

    “It is surprising that the membership and leadership of the African Democratic Congress has been so docile about this injustice both at the national and state levels. Even at that, the Civil Society should rise up in defence of democracy.

    “The winner of the election, Ogbara Gabriel Michael is a victim of the forces of internal colonialism, oppression and impunity. He sure needs the support of all lovers of democracy, and those who believe in the rule of Law.

    “This is not just about an individual; it is about injustice, impunity, democracy and the Rule of Law. Those actions which make people to dislike military rule shouldn’t be tolerated in our hard-earned democracy.

    “In the spirits of democracy and the Rule of Law, that I urge the State Governor and Speaker of the State House of Assembly to ensure that the man be sworn-in to enable him represent his people in government.

    “Anything short of this would be viewed as going against, not only the will of the electorates, but gross and unacceptable disobedience to Court rulings. When those who ought to know better, show good example and obey the law are not doing what is expected; then they are only saying they are above the law.”

  • Fed Govt did not flout court order, says AGF

    Fed Govt did not flout court order, says AGF

    Former National Security Adviser (NSA) Sambo Dasuki must clarify issues relating to fresh money laundering cases allegedly involving him, Attorney General of the Federation (AGF) and Minister of Justice Abubakar Malami (SAN) has said.

    Malami, who spoke in Abuja yesterday during an interaction with the staff of the ministry, denied that agents of the Fed Govt were frustrating the execution of the November 3 order of a Federal High Court in Abuja, permitting Dasuki to travel to the United Kingdom for health reasons.

    He said Dasuki is unable to travel yet because he refused to submit himself to investigation on further allegations, apart from the charges on which he had been arraigned before the Federal High Court, Abuja.

    The AGF, justifying the steps so far taken in the Dasuki case, insisted that the government’s actions were informed by public interest. He said the government was committed to respecting court decisions and the rule of law. He said this government would never flout court orders.

    “There shall not be flouting of court orders. But, I wish, as a way of further elaboration, to bring your attention to an issue. In some of these cases, of some of these high profile culprits may be involved in multiple cases that might require investigation.

    “If you are granted bail in respect of one issue, and the need arises for further investigation in other criminal offences, the law of the land requires investigation and you are bound as a good citizen of the country to submit yourself to investigation.

    ”The interest of the nation reigns supreme, above an individual’s interest. So, when the national interest is at stake and it has to be investigated, individual interest naturally gives way. It is not enough to conclude that the order is flouted, but you have to look at the peculiarities of the prevailing cases on the ground.

    “You can be granted bail with respect to one case and there can be other cases that public policy demands investigation. It is only natural to allow investigation to be concluded, having regard to public interest; that reigns supreme over and above individual interest.

    “The point for consideration is whether the public interest is there as against individual interest. But as it is, this government is going to uphold due compliance to the rule of law and sustain public interest and sustenance of its tenets,” Malami said.