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Tag: Court

  • Court dissolves 22-year-old union

    In Agege Customary Court in Lagos has dissolved the 18-year-old union between Mr and Mrs Nurudeen Lawal.

    The Court’s President, Pa Adekunle Williams, ruled that the parties ceased to be husband and wife and free to go their separate ways.

    The petitioner, Mrs Mariam Lawal, had sought the dissolution of her marriage over the long separation between them.

    “We have been separated for seven years but whenever he sees me in public, he embarrasses me in the presence of my friends, especially the opposite sex. Despite the fact that he had married another woman, he doesn’t want to see me with another man. There was a time he assaulted a male friend and tore his clothes. He is very troublesome and I need freedom,” she said.

    The mother of two said she has been paying the schools fees of her daughter who lives with her. The boy lives with his father.

    Lawal, 48, said they were separated for five years and not seven years.

    He said his daughter, who lives with his wife, was not going to school.

    But the petitioner presented her daughter’s school receipts and reports cards.

    Williams further ruled that the children’s education and medical expenses should be the parties’ responsibility and ordered the respondent to pay N5,000 monthly for his daughter’s upkeep.

    The union produced two children aged 12 and 17.

  • Leadership crisis: Battle-weary NLC seeks out-of-court settlement

    There is a glimmer of hope that the leadership crisis rocking the Nigerian Labour Congress (NLC) will soon end. TOBA AGBOOLA writes that besides the judicial intervention being sought at the National Industrial Court (NIC), the two camps battling for the leadership have indicated interest to embrace a peaceful resolution. 

    Crisis-weary Nigerian Labour Congress (NLC) factions may soon close ranks. Embroiled in what many call “an avoidable rift”, the workers’ umbrella union has, in the past four months, operated at cross-purposes under factional leaderships.

    The division in 23 of the 36 affiliated unions in the organised labour was triggered   by sundry issues, including alleged corruption and electoral malpractices.

    The botched election of March 12 that threw up Ayuba Wabba and Joe Ajaero as factional presidents left the local chapters of the NLC in many states confused as to who the authentic leader is, thereby exposing the body to manipulation by external forces.

    The state branches, which are the basic building blocks of trade unions, have been in disarray since the election.

    But, there seems to be light at the end of the tunnel. National Industrial Court (NIC) President Babatunde Adejumo has advised the two factions to embrace peaceful reconciliation of their dispute.

    Justice Adejumo’s counsel came on the heels of a legal suit, which came up for hearing before his court in Ikoyi, Lagos, between the two factions.

    The suit stemmed from the 11th National Delegates Conference of the NLC in Abuja on March 12.

    Loyalists of both camps, in their hundreds, stormed the court as early as 7am, jostling for space in the court room and within the premises.

    Chief Gani Adetola Kaseem (SAN), Mrs. Aisha Aremu-Ogunlade and Ahmed Adetola  Kaseem, among other lawyers, are in the legal team  of the Wabba-led faction. Lawyers from the Enobong Etteh’s & Nnamonso Ekanem’s Chambers are holding brief for the Ajaero-led faction.

    After listening to Wabba’s counsel, Justice Adejumo, in an admonition, urged the various unions to embrace mutual reconciliation rather than traversing court rooms   for an intervention that would further widen the gulf among workers. He advocated an amicable and out-of-court settlement of the crisis.

    The NIC president noted that the ordinary union members and the nation at large hold the labour movement in high esteem, given its historic role in the nation’s history.

    He urged the lawyers representing the factions to join hands in resolving the lingering dispute, reminding them that a divided NLC would not bring anything good for its members.

    Stressing the importance of labour in the development of a nation, Justice Adejumo said workers constitute the “engine-room of the economy”, adding that a united NLC is better off than a divided one.

    Justice Adejumo described Issa Aremu, one of the 11 defendants served with originating sermons, as a tested and respected labour leader, who can use his wealth of experience to resolve the crisis.

    He said: “With the likes of Comrade Issa Aremu and others who are respected labour leaders in Nigeria, reconciliation should not be ignored.”

    The judge, however, warned that the court has the powers of conciliation in matters such as NLC’s internal dispute. These powers, he said, are contained in Section 20 of the NIC Act.

    According to him, it is an implied duty of the court, which may warrant it to appoint a Trustee for the NLC, urging the counsels to explore opportunities for reconciliation on a ‘no loser, no vanquish’ basis.

    Before adjourning the case to October 8, Justice Adejumo stated that he gave the advice without prejudice to the case before his court.

    Reacting to the development, the National President of the National Union Textile Garment and Tailoring Workers of Nigeria (NUTGTWN), Oladele Hunsu, commended the NIC President for his counsel for amicable reconciliation against litigation.

    “We also acknowledge the spirited effort by the highly-respected labour veterans to reconcile both factions following the discredited 11th Delegates’ Conference and Special Delegates’ Conference of NLC respectively”, he said.

    Noting that his union, where  Aremu serves as the general secretary, supported the reconciliation option, he called on other labour leaders to take advantage of the admonition of the NIC President to unite and resolve all outstanding issues in order to forge a common front to defend the workers in the face of the harsh economic situation.

    The Wabba led-camp had returned to the NIC, seeking among others, a declaration that the Special Delegates’ Conference of NLC, where Ajaero and others emerged officers of the Congress, was not organised by the   NLC in line with the Constitution of the Congress in 2011 and should therefore be declared illegal, null and void, and of no effect whatsoever.

    But, in the spirit of the out-of-court settlement, initiated by veteran unionists, led by the founding NLC President, Alhaji Hassan Sunmonu, the belief of concerned members is that the period of the adjournment will be used by the factions to find an enduring and a win-win solution to the problem.

     

    Blackmailing and impersonation

    Events in the past may have further widened the gulf between the two factions. Despite the fact that the Ajaero-led group has expressed its disposition to reconciliation, the other faction under Wabba, has on several occasions accused the group of impersonation.

    Wabba, in a recent statement, said the NLC headquarters took exception to the issuance of statements  by the Ajaero faction on behalf of the Congress.

    His words: “The attention of the Congress has been drawn to the serial impersonation by Comrades Joe Ajaero and Issa Aremu since they both lost their bids to be President and Deputy President of the NLC at the rescheduled March 14, 2015 elections of Congress.”

    Wabba explained what informed his reaction, citing a statement credited to Aremu, in which he called on the National Assembly to, in line with the economic realities, further reduce its N120 billion vote.

    He stated: “While we had restrained the National Secretariat from publishing a disclaimer in the hope that common sense and sanity would eventually prevail on our comrades to stop this delusion, it has become clear to us and the entire labour movement that Comrades Ajaero and Aremu are determined to continue in their enterprise of impersonation as president and deputy president of the NLC.

    “It is for this reason that Comrade Aremu had continued to issue statements in which he continually purport himself to be the deputy president of Congress and on behalf of our revered organisation.

    “One of such statements, and which was given wide publicity in at least four national dailies, contended that the alleged decision of the National Assembly to voluntarily cut its budget from N150 billion to N120 billion was “too token and not far-reaching enough.”

    Wabba stressed that though they (Ajaero and Aremu) can issue statements or speak on behalf of their respective unions, being affiliates of the NLC, they have no right to issue statements or speak for the NLC.

    He said: “As general secretaries of their respective unions, that are affiliates of the NLC, we cannot stop Comrade Aremu of the National Union of Textile, Garment and Tailoring Workers of Nigeria and Ajaero of the National Union of Electricity Employees, or any officer of an industrial union, from speaking on any national issues they feel strongly about.

    “However, no affiliate, industrial union, or their officers, enjoy the liberty to issue statements in the name of the NLC, unless such an affiliate is expressly mandated to do so.”

    He said all instances since Ajaero and Aremu lost their bids to be elected as president and deputy president are clear cases of impersonation.

    “We had course to recently alert our international allies – Organisation of African Trade Union Unity (OATUU), International Trade Union Confederation-Africa (ITUC-Africa) and International Labour Organisation (ILO), among other labour bodies – to discountenance with any correspondence from Comrades Joe Ajaero and Issa Aremu if it is purported to be on behalf of the NLC.

    “While Comrades Ajaero and Aremu pretend to be advocates of democracy, they have both become clear embarrassments, to themselves and unfortunately to the entire labour movement, since they lost the elections to become national officers of Congress.

    “They have failed to show even an iota of democratic civility by approaching law courts if not satisfied with the process that produced the new leadership of the NLC on March 14, 2015. Instead, they have since then been engaging in what are clear cases of obfuscation, blackmail and impersonation.”

    According to Wabba, the NLC will soon engage the leadership of the National Assembly on the budget.

    “For the avoidance of doubt, on the issue of the budget of the National Assembly, on which Comrade Aremu was reported to have issued a statement, we have since met with the National Assembly and we will similarly engage Mr. President on a range of national and labour-related issues, whenever we have an audience with him”, Wabba said.

    In a swift reaction, Aremu lashed out on Wabba, whom he accused of wasting workers’ funds on litigation, pointing out that he should have taken debtor-governors to court over the non-payment of salaries, if only to demonstrate his love for the  NLC.

    According to him, Wabba should dissipate his energies and resources in tackling issues on workers’ welfare welfare and national development, instead of taking the Ajaero’s faction to court.

    He said: “Governors who owe workers several months of salaries should have been taken to court of public opinion and international organisations instead of taking us to the NIC.

    “The court in its wisdom knows we are not impersonating; that we are the authentic representatives of the Congress and that we have more to talk about the ministerial appointments, the National Assembly and other issues of national importance.

    “We (labour leaders) have been together before, and by the grace of God, the issue will be settled since a reconciliation process has started.”

    He said the strength of the organised labour cannot be in fighting one another but in fighting a common enemy, adding that a united NLC will critically move the economy of the country forward.

    The NUTGTW scribe noted that labour veterans in the Sumonu-led committee have begun reconciliation moves to ensure that both parties work together as one organisation.

    He added that the man-hour lost to litigation will not add to the growth of the economy, warning that division could be counter-productive.

    Aremu, however, insisted that the on-going reconciliation must be based on the core values of the labour movement.

    “A united NLC will be better positioned to critically address the nation’s challenges. Trade union must use the power of labour to fight for Nigerians”, he stressed.

    The National President of the Nigerian Union of Road Transport Workers (NURTW), who doubles as the Deputy President of the Ayuba-led camp, Alhaji Najim Yasin, also confirmed the on-going reconciliatory move.

    “We believe that we should all come together and speak with one voice in the general interest of all Nigerian workers”, he said.

    He expressed the hope that the reconciliation move will go a long way in ending the crisis, which he admitted, has polarised the body.

    Yasin commended the workers and labour leaders for their understanding, assuring them that the NLC will come out of the crisis stronger.

     

    Oshiomhole, ex-NLC leaders, factions meet over crisis

    Efforts at resolving the protracted crisis in the NLC continued in Abuja as Edo State Governor Adams Oshiomhole and other fromer labour leaders, including  Sumonu, met with factional leaders.

    The meeting, which was earlier scheduled for Benin City, the Edo State capital, was moved to the Federal Capital City (FCT).

    Expectedly, Wabba and Ajaero, led their factions to the meeting  with the committee of veterans.

  • Anti-graft war: A case for special court

    Anti-graft war: A case for special court

    Excessive delays in the regular courts have necessitated the call for the establishment of special courts to try corrupt public officers. Assistant Editor LEKE SALAUDEEN examines what the nation stands to benefit from the innovation.

    The anti-corruption drive of President Muhammadu Buhari requires a judicial system that will accelerate the trial of corruption cases. Eminent jurists have warned that excessive delays in trying high profile corruption cases can frustrate and undermine the credibility of the government’s commitment to anti-corruption and fuel the culture of impunity. They contend that that the establishment of special courts to handle corruption and related cases will buttress the seriousness of the government in its campaign against corrupt practices.

    The reason special courts are being proposed is the failure of the court system to facilitate prompt prosecution of suspects. Judges in the regular courts are fond of questionable long adjournments, frivolous injunctions and undue emphasis on technicalities that detract from the essence of corruption trials. The sad commentaries trailing Economic and Financial Crime Commission (EFCC’s) efforts in prosecuting corruption cases justify the demand for special courts manned by judges with iron cast will to bring the corrupt to justice and fence off deliberate hindrances stalling quick, diligent and successful prosecution of public officers and other prominent Nigerians docked for corruption.

    It is public knowledge that the EFCC is yet to seek superior court orders to overturn dubious perpetual injunctions against the prosecution of many former governors who ruled between 1999 and 2007 accused of money laundering and frauds running into billions of naira. No tangible result had been achieved in prosecuting them. Worse still, most of them are not just freely enjoying their loot, a lot of them are occupying other political offices particularly in the legislature making laws for the people they had short changed.

    It was the helpless situation of the EFCC that prompted the Commission’s chairman, Ibrahim Lamorde to make a case for the establishment of special courts to prosecute corrupt persons as a way of facilitating the anti-corruption war. He maintained that the anti-graft agencies are bugged down by the slow process in the regular courts.

    To get it done, Lamorde suggested the amendment of the Nigerian Constitution to make provision for special courts to handle corruption- related cases and bring the culprits to book. “Some relevant laws in the Nigerian Constitution needed to be amended before the adoption of an action plan towards the fight against corruption. The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is issue of prosecution of corruption and economic and financiall crime cases in regular courts”, he stated.

    A former boss of the EFCC, Mrs Farida Waziri, alleged that some senior lawyers were frustrating the fight against corruption by stalling the prosecution of their clients docked by the anti-graft agency. She lamented the activities of such lawyers, who, according to her, fraudulently obtained money from their clients under the guise of delivering same as bribe to officers of the commission to kill cases under investigation. She said the lawyers most often exploit the weakness of the judiciary by filing frivolous applications to frustrate the trial of suspects for corruption and money laundering.

    Constitutional lawyer Professor Itse Sagay (SAN) said the establishment of special courts is the best option for the present administration that has zero tolerance for corruption. According to him, the special court will accelerate and give a sharper bite to prosecution of corruption cases in the country.

    Sagay noted that corruption cases linger for such a long time that there is little hope of timely justice both for plaintiffs and defendants. The purpose of trying a corrupt person in order to serve as deterrent to others is lost as the case drags for long while the suspect facing serious charges of corruption is left to strut about and use proceeds of such crime to thwart the judicial process.

    “No doubt, the country needs special courts but it cannot be achieved overnight. It requires Constitutional amendment to give it legal backing. The executive has to send a Bill to the National Assembly for their consideration and approval.  It will take between six months and one year to pass the bill”, he stated.

    The Head of the Presidential Advisory Committee against Corruption explained that there are alternatives that could be used pending when the special courts would come on stream. According to him, government can create criminal law division and identify particular judicial officers who have the capacity, integrity, courage and knowledge to do justice without fear or favour.

    “Pending the time the special court will get legal backing, government will put in place other alternatives to ensure quick dispensation of corruption cases so that the objective of this administration to fight corruption headlong will be achieved”, Sagay said.

    Supporting the call for the establishment of special courts, a lawyer/human rights activist, Mr Monday Ubani said it will enhance President Buhari’s anti-graft war. He said if established, the courts will add fillip to the expeditious trial of corruption and related cases that have for long been suffering due to a combination of several factors  such as court congestion and the complicity of some unscrupulous members of the bench and the bar to scuttle high profile corruption cases.

    Ubani observed that the general lethargy, sabotage and scant commitment of the judicial system are the major reasons many Nigerians believe the anti-graft war is deceptive and not working. He believed the proposed special courts to be established by the Buhari administration to handle corruption and other related cases will buttress the seriousness of the government’s resolve to confront corruption.

    Apart from setting up special courts, the former Chairman of the Nigeria Bar Association, Ikeja Branch, called on government to introduce socio-economic policies that would discourage corruption among the people. For instance, government should ensure judges and civil servants are well enumerated, job opportunities for school leavers and social welfare programme for the unemployed.

    A Kaduna based lawyer, Mukhtar Modibo endorsed special courts because the nation’s judiciary as operated today cannot bring speedy justice to corruption offenders. He observed that corruption cases, like other cases linger for a long time that there is little hope of timely dispensation of justice. Prosecution of corruption cases involving high profile suspects are frustrated due to frivolous applications, questionable injunctions and long adjournments granted by the judges.

    He said the courts if established would facilitate the work of the anti-corruption agency. The EFCC, according to him has 1,500 cases pending in various courts across the country; seventy-five per cent of these cases involve high profile persons whose cases have been pending for more than seven years. He suggested that the courts should be established in each of the six geo-political zones of the country.

    Modibo noted that the courts are overwhelmed by the sheer volume of cases before them which is responsible for slow adjudication process that is brazenly exploited by suspects. According to him, it is not enough to put in place special courts for corruption. The authority should ensure judges of proven integrity are appointed to preside over them. Otherwise, the objective for setting them up, which is to quicken administration of justice will be defeated, he added.

     

    Special courts in other clime

    Specialised law enforcement bodies dedicated to the fight against corruption have been established in several European countries. They often focus on middle and high-level corruption offences and corruption related acts committed by high- ranking public officials. Investigators and prosecutors are usually specialised in corruption and financial crimes and have access to special investigative techniques.

    Bulgaria, Croatia and Romania have all adopted specialised law enforcement bodies as part of their efforts to curb corruption and end the culture of impunity that permeates these countries. The results achieved are varied.

    Few countries have also established specialised anti-corruption courts. They have jurisdiction over the offences investigated and prosecuted by special anti-corruption bodies. These are far less common than specialised law enforcement.

    In Bulgaria, a specialised court and prosecution office for organised crime became operational in 2012. The court deal with crimes committed by organised criminal groups, including corruption-related crimes.

    Special court departments were established in Croatia in 2008. These courts have subject matter and territorial jurisdiction of criminal cases. They only hear middle and high-level corruption and organised crime related cases. The judges in the special department have more experience of working on complex cases. They are appointed through the annual schedule by the court president, based on the opinion of the Council of Judges. They also have to pass through a security check. According to Amnesty International, special judges receive higher salaries and are recruited from amongst the most experienced criminal law judges.

    In Slovakia, the Specialised Criminal Court was created in 2009. The main rationale for establishing the court was to build the capacity of the judicial system to deal with complicated criminal cases that are often also of great economic and social significance. The specialised criminal court in Slovakia is a court of first instance positioned at the same level as regional courts. Its decision can be appealed to the Supreme Court. It has jurisdiction over criminal matters and it adjudicates on the following offences: fraud and corruption in public procurement, abuse of power, acceptance of a bribe, economic crimes and crimes against property, indirect corruption, creation and promotion of criminal or terrorist groups, crimes committed by criminal or terrorist groups and deliberate killings.

    The analysis of corruption related judgments, according to Transparency International report on Slovakia, shows a steep increase in the number of convictions after the establishment of the court –from 25 per cent in 2005 to 75 per cent in 2011. The court is perceived as independent and very professional. Financial as well as human resources are considered to be sufficient and the educational background of judges and the staff is also said to be adequate.

    For Advocates of anti-corruption courts laid emphasis on training on complex issues related to corruption and economic crimes.

  • Court rejects foreigner as surety

    Court rejects foreigner as surety

    A magistrate court sitting in Ikorodu has rejected a Beninese national, Jimoh Ameida, as surety for his brother, Lamina Ameida, in a case involving the damage of two Mercedes Benz trucks.

    Lamina, a 30-year-old employee of Blue Sky Pure Water Company, Igbogbo, was first arraigned in June, 2015 for allegedly pouring salt into the engines of both trucks belonging to one Emily Nwokeduko, and valued at N2.3m each.

    He was granted bail and presented Jimoh and one Christiana Ishola, a Nigerian, as his sureties.

    The police prosecutor, Abosede Adegesin, however, told the court Tuesday that there was reason to believe that the brothers were from Cotonou, and Jimoh, who gave his surname as ‘Hammed’, had provided a questionable address.

    She added that the bond provided by Jimoh was unsigned while that given by Christiana had an address different from the one on her utility bill.

    Mrs. Abosede, who substituted the former charge against Lamina for a fresh three-count charge, urged the court to reject the two as sureties for the accused because it would be impossible to trace them if they abscond.

    The defendant’s counsel, Ilesa Obatayo, argued that there was no evidence that Jimoh was not a Nigerian and prayed the court to allow Lamina to enjoy the bail previously granted.

    The presiding magistrate, Mr. O. O. Olatunji, upheld the prosecution’s argument and granted the accused fresh bail in N500, 000 and two sureties in like sum.

    The case was adjourned to September 3.

  • Bus conductor jailed for stealing phone

    Bus conductor jailed for stealing phone

    A 21-year-old bus conductor, Shedrach Ezekiel of Mararaba, was on Tuesday sentenced to 18 months in prison by a Mararaba Grade 1 Area Court for stealing a phone valued at N11, 000.

    The presiding judge, Albert Maga, convicted Ezekiel after he pleaded guilty for the offence of conspiracy and theft.

    The convict, who pleaded for leniency, said, “I don’t have anybody here, I came to this town to look for job but it has not been easy for me.”

    Maga said that the accused had not been able to give tangible reasons to the court on why he should not be punished for the offence.

    He said that the sentence would serve as deterrent to other offenders of like minds.

    “However, the prosecutor was unable to prove the charge of conspiracy as the other suspect is still at large.

    “The court hereby discharge the accused on the charge of conspiracy and sentence him to 18 months imprisonment for the offence of theft,” Maga said.

    The judge, however, gave the convict an option of N4, 000 fine and also ordered him to pay the complainant N11, 000 as compensation for the stolen phone.

    Earlier the prosecutor, Cpl. Friday Adaji told the court that the convict was first arraigned on Aug. 14 but remanded in custody for his accomplice to be arrested.

    Adaji said that Ezekiel stole a Nokia phone valued at N11, 000 from the bag of one Luka Ruth at Brother Plaza, Mararaba.

    He said that when the convict was caught in the act, he threw the phone to his accomplice, who is now at large.

    The prosecutor said the convict contravened the provisions of sections 97 and 287 of the Penal Code.

  • Court vacates order on Ayangburen’s coronation

    Court vacates order on Ayangburen’s coronation

    A LAGOS High Court sitting in Ikeja has vacated an order of interim injunction restraining Governor Akinwunmi Ambode from performing the coronation ceremony of the Ayangburen of Ikorodu, Oba Kabiru Adewale Shotobi.

    The claimant’s lawyer prayed the court for an extension of the interim order of injunction earlier granted until after the hearing and determination of the motion on notice for interlocutory injunction.

    Having listened to all counsels, Justice Olabisi Ogungbesan, in her ruling, refused to grant an extension to an earlier order dated August 14, in which she granted an interim injunction.

    She said the order of interim injunction was for a period of seven days, by effluxion of time automatically lapses on Friday, August 21, following upon which the said order of injunction will thereby stand vacated accordingly.

    Justice Ogungbesan had earlier found merit in the ex-parte application of one Odupitan Eniola seeking an order of interim injunction restraining the Lagos State Government or its agents from performing the coronation ceremony on Saturday, August 15.

    In a motion on notice, the state government had sought to quash the earlier order of interim injunction made by the court, halting the coronation ceremony.

    It said it should be set aside for an order dismissing the suit to be made on grounds of constituting an abuse of the court process.

     

  • Court vacates order restraining Ayangburen’s Coronation

    Court vacates order restraining Ayangburen’s Coronation

    An Ikeja High Court has vacated an order of interim injunction restraining the Lagos State Governor, Mr Akinwunmi Ambode from performing the coronation ceremony of the Ayangburen of Ikorodu, Oba Kabiru Adewale Shotobi.

    The Court upon listening to the unanimous application of all the Counsel to the effect that the matter be further adjourned until a date after vacation to ensure all pending applications is argued together, was of the view that the earlier adjourned date of October 6 2015 be vacated accordingly.

    The counsel for the claimant also prayed the court for an extension of the interim order of injunction earlier granted until after the hearing and determination of the motion on notice for interlocutory injunction.

    Having listened to all counsels, the Judge, Hon. Justice Olabisi Ogungbesan in her ruling refused to grant an extension to an earlier order dated August 14, 2015 in which she granted an interim injunction.

    She said the order of interim injunction was for a period of seven (7) days by effluxion of time automatically lapses on Friday 21st August, 2015 following upon which the said order of injunction will thereby stand vacated accordingly.

    It is on record that Hon. Justice Ogungbesan had earlier found merit in the ex-parte application of one Odupitan Eniola seeking an order of interim injunction restraining the Lagos State Government or its agents from performing the coronation ceremony on Saturday, August 15.

    In a motion on notice, the Lagos State Government, had sought to quash the earlier order of interim injunction made by the court, halting the coronation ceremony, be set aside for an order dismissing the suit to be made on grounds of constituting an abuse of the court process.

     

  • Court bars Senate from compelling The Nation’s appearance over report

    Court bars Senate from compelling The Nation’s appearance over report

    The Federal High Court in Lagos yesterday granted an interim injunction restraining the National Assembly from compelling The Nation’s editor, Gbenga Omotoso, and a correspondent, Imam Bello, to appear before the Senate Committee on Ethics, Privileges and Public Petitions over a story.

    Justice Mohammed Yunusa made the order following a motion ex-parte moved by the applicants’ lawyer, Mr Wahab Shittu.

    Vintage Press Limited (publisher of The Nation), Omotoso and Bello are the applicants, while the National Assembly and the Senate are the respondents.

    The Senate had, in an August 4 letter, invited Omotoso and Bello to appear before it unfailingly over the story: Motion: 22 APC Northern senators ‘working against Buhari’.

    The report says that 22 Northern senators elected on the All Progressives Party (APC) platform have been identified as “teaming up with the opposition to work against President Muhammadu Buhari and the ruling party”.

    The Senate wrote another letter on August 11, threatening to invoke Section 89 (1) (D) of the 1999 Constitution (as amended) to compel the applicants’ appearance.

    Justice Yunusa granted an order of interim injunction restraining the respondents, whether by themselves, their members, committees or agents from summoning or directing the appearance of the applicants or any of their agents before any Senate Committee.

    The court barred the lawmakers from requesting the applicants to produce any papers, notes or other documents in respect of the story.

    The judge also restrained the respondents from issuing a warrant to compel the applicants’ attendance before the Senate Committee set up to investigate the publication.

    The order, the judge held, is to remain in force pending the hearing and determination of the applicants’ motion on notice.

    Shittu, in a supporting affidavit to the motion ex-parte, said unless the respondents were restrained, there is a great likelyhood of the breach or threatened breach of the applicants’ fundamental rights to receive and impart information as guaranteed by the Constitution.

    The applicants said the content of the publication has not been disputed or challenged, nor has the National Assembly issued a rejoinder to the story or made a formal complaint over the publication.

    According to them, the laws of libel and slander are available to anyone who feels aggrieved by any offensive publication, an option that is also available to the Senate.

    Shittu said rather than react to the story or deny it, the Senate wrote to the applicants, directing them to compulsorily appear before the committee or risk being arrested.

    The lawyer said the applicants are seeking to enforce their fundamental human rights to personal liberty and freedom of expression.

    He said the story, which is of national interest, was published based on “anonymous but informed sources” who cannot be disclosed to anyone in line with the ethics of journalism.

    Shittu said the Senate was trying to compel the applicants to explain the source of the story, threatening to violate their right by arresting Omotoso and Bello should they fail to show up before its committee.

    “The rights of the applicants to freedom of expression and the press guaranteed by Section 39 of the Constitution is about to be infringed upon except your Lordship interferes quickly before one of the country’s leading newspapers is brought to ridicule.

    “If they (respondents) have any cause to challenge the story, they can go to court and sue for libel. They also have a right to publish a rejoinder. Unless your Lordship restrains them, they will issue a Bench warrant and our clients will be embarrassed beyond repair.

    “We urge your Lordship to grant the reliefs in the interim so that they will not foist a fait accompli (state of helplessness) on the honourable court,” Shittu said.

    Besides, the lawyer said the Senate cannot compel the applicants to appear before it under Section 39 because the applicants are not a government agency, but members of the Fourth Estate of the Realm whose functions are guaranteed by the Constitution.

    “Section 89 of the 1999 Constitution does not derogate from the rights guaranteed to the applicants under Section 39. The invitation is intended to prevent the applicants from discharging their duties in the ordinary course of business,” Shittu said.

    After listening to the submissions, Justice Yunusa held: “I have considered the processes filed and the constitutional provisions relied on. I hold the view that the application has merit and is hereby granted.”

    The judge adjourned to August 28 for report of compliance.

  • Drama as Ekiti trader prostrates in court to escape sentence

    A trader  at the New Garage, Ado Ekiti,, Odims Frank,went flat tommy at an Ado Ekiti Customary court  earlier this week,begging for leniency after he was slammed with  contempt of court.

    Frank had  filed a petition at the court against  one Adenike Aarin,but  walked out of

    the court midway into the  proceeding.

    The  court president Joseph Ogunsemi did not take kindly to Frank’s action, and  directed a police officer attached to the court to get the man arrested.

    Back inside the court and told what offence he had committed, Frank  first went

    on his knees before prostrating to plead for leniency.

    “My lord, I am very sorry sir, please have mercy on me, I am very sorry. I will never do that again, I respect this court, kindly pardon me my lord,” he said.

    Mr .Ogunsemi upbraided him for his behaviour,saying: : “Is this the way you behave to your customers? This is a court of law, it is not a marketplace and you must comport yourself well in  court and not do what you like .

    “You are warned for the last time or have you taken ‘kain-kain’ this morning?

    “Don’t repeat that again.Rudeness to a judge is rudeness to all judges and magistrates in Nigeria.

    “If you do that again, that will be counted against you and the consequences will be terrible for you.You are pardoned.”

    Prior to Frank’s drama,counsel to the defendant, Miss E.E. Iseh, had r asked for a new date

    to apply for records of proceedings of the last sitting to enable her cross-examine the petitioner.

    The court president subsequently adjourned the case to August 31 for further hearing.