The Nation Newspaper

Tag: Court

  • Subsidy scam: Two oil marketers challenge court jurisdiction

    Subsidy scam: Two oil marketers challenge court jurisdiction

     

    Two oil marketers, Aro Bamidele and Abiodun Bankole, on Thursday challenged the jurisdiction of a Lagos High Court in Ikeja to hear the alleged theft of N1.3 billion fuel subsidy charge against them.

    The News Agency of Nigeria reports that the marketers made this known in a preliminary notice of objection filed by their counsel, Chief Anthony Idigbe (SAN).

    Bamidele and Abiodun were arraigned alongside their company, A.B.S Investment Company Limited, on October. 5, before Justice Lateefat Okunnu.

    The defendants are facing an 18-count charge bordering on conspiracy, obtaining money by false pretence, forgery and uttering.

    The Economic and Financial Crimes Commission had alleged that the defendants had fraudulently obtained N1.3 billion from the Federal Government for the purported importation of 30 million litres of Premium Motor Spirits.

    At Thursday’s proceedings, Idigbe in the application dated November 20 also argued that the charges preferred against the accused were “grossly defective.”

    He said:”The Federal Government lacks the locus standi to prosecute the offences contained in the charges preferred against the defendants in this court.

    “The court does not have jurisdiction to entertain the charges. The entire charge is grossly defective and incurably bad because no fiat was obtained from the attorney general of Lagos State.”

    Idigbe further argued that the EFCC has no competence to prosecute the defendants before the court.

    Responding, EFCC counsel, Mr. Rotimi Jacobs (SAN), told the court that the prosecution was served with the application a few days ago and needed time to prepare their response.

    The judge consequently adjourned the matter till December 21 for mention.

     

  • Alleged fraud: Court stops Polish woman from traveling

    An Abuja High Court on Tuesday refused to grant permission to a Polish woman, Mrs. Dora Gilmaska, to travel abroad for medical treatment.

    Gilmaska, who allegedly issued a dud cheque, was arraigned before Justice Abubakar Umar of the Abuja High Court on a one-count charge of fraud.

    She prayed the court for an order to have the Economic and Financial Crimes Commission release her international passport to enable her renew it.

    The News Agency of Nigeria reports that the EFCC is prosecuting Gilmaska, the Executive Officer of Icon Media and Marketing Agency Limited, for forgery and issuance of a dud cheque for N9 million to one Tayo Olugbemi.

    She pleaded not guilty to the charges.

    Umar while delivering a ruling in an application filed by Gilmaska, through her counsel, Mr. Chris Okoye, held that granting of such application was left at the discretion of court.

    He also said that in granting such a leave, the court would look at all credible evidences presented by an applicant, in order for such application to be granted.

    “Yes, the applicant presented a letter from Nisa Premier Hospital, dated July 1, 2011, saying that she needed to undergo a Laparoscopy.

    “The letter said that the hospital in Abuja does not have the facilities to carry out such a diagnosis.

    “But the letter did not say whether the same medical (Laparoscopy) procedure could be done in Lagos, Ibadan or elsewhere within Nigeria,’’ he said.

    Umar held that the accused failed to tell the court the consequences of non-renewal of her passport.

    He also held that she failed to place any cogent material before the court to say whether the ailment she had was a life threatening one.

    Umar therefore held that the application for permission to travel lacked merit.

    “I refuse to grant this application.

    “I will, however, order an accelerated hearing into this case,’’ he said.

     

  • Why we are in court, by Ondo ACN

    Why we are in court, by Ondo ACN

    The Action Congress of Nigeria (ACN) in Ondo State has given reasons for challenging the result of the October 20 governorship election in court.

    The party said its action is aimed at strengthening the nation’s democracy and building an autonomous Independent National Electoral Commission (INEC) to prevent “colossal rigging” in the 2015 elections.

    In a statement, ACN Publicity Director Idowu Ajanaku alleged that the election was marred by irregularities and malpractices.

    Ajanaku said: “It is a known fact that officials of the Labour Party (LP) were arrested during the elections with thumb-printed ballot papers. There was violence against the opposition before and during the election, which significantly altered the results.

    “More so, since the election ended, the LP government has been exhibiting an attitude betraying their mischievousness by various acts inimical to progress. How do you explain unprovoked attacks on traditional leaders? Why would the state government revive a 15-year obnoxious and moribund law to deprive citizens of their means of livelihood in Odigbo and other places?

    “If Governor Olusegun Mimiko believes that he won the election free and fair, why has he not concentrated on fulfilling the failed promises of the past three and half years, instead of vindictiveness? Mimiko surely has something to hide.

    “We are in court to show the whole world the true position of what transpired in Ondo State on October 20. We are in court, just like Mimiko did in 2007 when his mandate was stolen, to make the votes of the people count. When we finally present our case in court, the revelation that the Late Prophet Ayo Babalola and Mike Tyson voted in Ondo State in 2007 will be child’s play.

    “Even sprits voted in the last governorship election. It is a notorious fact that INEC officials were arrested with over 10,000 ballot papers. The Igbeayo card and biometric registration data were all imported into the INEC registration database.

    “We are also in court to expose to the whole world the ballot stuffing carried out in the homes of political appointees and so-called elder statesmen, as well as the desecrated palaces of some Obas, where justice ought to be upheld; the allocation of votes for LP and the creation of secret units and collation centres to perpetuate electoral fraud; the glaring violence, malpractices, irregularities and non-compliance with the Electoral Act, 2010; the falsification of the voter register by INEC to ensure Mimiko’s victory; the connivance of some political office holders in Ondo State with security agents and INEC officials to rig the poll in favour of the LP; and ballot hijacking, ballot box stuffing and multiple thumb-printing of ballot papers by LP agents.

    “Our commitment to justice and faith in the judiciary as the last hope of the common man is unwavering. We reinforce the confidence of our people in the judiciary and in our nation that there is still hope.

    “According to the revered Nobel laureate, Prof. Wole Soyinka, ‘the man died in him, who keeps silent in the face of tyranny’. We cannot be quiet in the face of this outright rape of our democracy, especially when it seems everyone who should know is pretending that all is well. This may not augur well for our nascent democracy.

    “The ACN has prayed the court to nullify the October 20 election on the basis that Mimiko was not duly elected by a majority of lawful votes and that the election is invalid by reasons of corrupt practices and non-compliance with the provision of the Electoral Act.”

  • My Pikin: Court strikes off deceased maker’s name from charge

    My Pikin: Court strikes off deceased maker’s name from charge

    A Federal High Court, Lagos, on Wednesday struck out the name of the deceased Managing Director of Barewa Pharmaceutical Company Limited, Kola Gbadegesin Okunlola from a trial he is facing for production and distribution of adulterated drugs.

    Okunlola, his company and two of its staff – Adeyemo Abiodun and Egbele Austin Eromosele were being tried for allegedly manufacturing and distributing adulterated drug: ‘My Pikin’ teething mixture, before his demise last month.

    The decision by Justice Okechukwu Okeke was informed by an application filed by the deceased’s lawyer, and to which a death certificate was attached, indicating Okunlola’s demise.

    Prosecution lawyer, Aminu Halilu informed the court about the “sworn declaration of the demise of the first accused person (Okunlola),” deposed to by Judith Egbeadumah, and a death certificate from St. Nicholas Hospital, Lagos.

    He prayed the court to strike the deceased’s name from the charge in view of the development.

    “We are convinced and satisfied that the first accused person is dead. In view of this, we cannot continue with the case today. We urge the court to strike out his name from the charge,” he said.

    The court granted his request and struck the deceased’s name off the charge.

    When asked by the court who replaces the dead MD as representative of the company, being an inanimate party, Halihu sought an adjournment to enable him work that out with the defence.

    He also asked for an adjournment to enable him amend the charge to reflect current development in the case.

    Defence lawyer, Folabi Kuti did not object to adjournment, but prayed the court to set definite trial date in the case.

    He blamed the prosecution’s tardiness for the delay in the case which started about three years ago.

    He stated that the remaining accused persons were ready to ensure prompt conclusion of the case to enable them prove their innocence.

    Justice Okeke granted the prayer for adjournment and fixed further hearing for December 3.

     

  • Court warns Fed Govt against Ndume’s trial

    Court warns Fed Govt against Ndume’s trial

    An Abuja Federal High Court, yesterday refused the admission of two prosecution witnesses brought by the State Security Service (SSS) to testify against Senator Ali Ndume.

    Ndume is accused of hoarding information on planned terror attacks and providing logistics to the convicted spokesman of the Boko Haram sect, Ali Sanda Umar Konduga (alias Usman AI- Zawahiri).

    He is also charged for allegedly giving telephone numbers of certain public officers to Boko Haram for the purpose of communicating terrorist messages.

    The alleged offences are contrary to and punishable under Sections 3(b), 4(1) (a) and 7(1) (b) of the Terrorism Prevention Act, 2011.

    At the resumed trial yesterday, Justice Gabriel Kolawole, refused to allow Aliyu Usman, an SSS operative following objection by Ndume’s counsel, Rickey Tarfa (SAN).

    The judge warned the Prosecution counsel, Thompson Olatigbe, against presenting unlisted witnesses, saying it was against the rules of the court.

    The judge, who said he does not want to give Ndume a technical victory, however decried the failure and inability of the Federal Government to prosecute the matter.

    He said: “From the beginning of this case, the court has being prompting the prosecutor. A criminal case requires diligent prosecution.

    “Justice is not only meant for the accuser, both the accused and the public require justice.”

     

  • Rev King urges court to quash death sentence

    Rev King urges court to quash death sentence

    Condemned Christian Praying Assembly leader Chukwuemeka Ezeugo (alias Rev. King) yesterday urged the Court of Appeal, Lagos, to quash the death sentence passed on him by a Lagos State High Court, Ikeja.

    He urged the court to allow his appeal, saying Justice Joseph Oyewole erred in several respects and miscarried justice.

    Ezeugo’s lawyer Olalekan Ojo adopted the appellant’s brief.

    The respondent, Lagos State Government, represented by Solicitor-General Lawal Pedro (SAN), also adopted its brief.

    Ezeugo was convicted and sentenced to death by hanging on January 11, 2007, for the alleged murder of a church member, Ann Uzoh.

    He was arraigned on September 26, 2006 on a six-count charge of attempted murder and murder.

    The prosecution said he poured petrol on the deceased and five other persons.

    Uzoh died on August 2, 2006, 11 days after the incident.

    Ojo filed a notice of appeal on January 16, 2007, containing 16 grounds of appeal against the judgment.

    On June 10, 2008, the Appeal Court granted him leave to argue an additional 16 grounds of appeal through an amended notice of appeal filed on June 15, 2008.

    Ojo said Ezeugo did not commit the crime because he was not present at the scene.

    He said Uzoh had, in two statements before her death, said she got burnt in a generator accident and that the cleric was not responsible for her injuries.

    Ojo said the Investigating Police Officer (IPO) tendered statements which said Ezeugo was not responsible for the burns which led to Uzoh’s death, but they were not admitted in evidence.

    The lawyer said had those “vital exhibits” being admitted by the judge, “they would have cast doubts on the case of the prosecution.”

    He added that Justice Oyewole’s refusal not to admit the exhibits in evidence “occasioned a great miscarriage of justice.”

    Ojo urged the appellate court to determine whether the judge was right in raising suo motu (on his own) the issue of the admissibility of exhibits P1 and P4, which were oral evidence in which Uzoh reportedly stated that the burns she suffered were from a generator accident.

    He also asked the court to determine “whether or not the judge was right in expunging from the record exhibits P1 and P4, as well as oral evidence in which the deceased declared that the injuries were from a generator accident and that the appellant was not responsible for the injuries.”

    The lawyer added: “An aspect of fairness and impartiality that a court should exhibit is that it must not raise an issue suo motu and resolve it against a party without having heard the party against whom the issue has been resolved.”

    But the state urged the court to uphold Justice Oyewole’s verdict.

    “We urge your Lordship to dismiss this appeal,” Pedro said.

    He said the Evidence Act permits the expulsion of inadmissible evidence, as the judge was the master of the evidence before him.

    Pedro said there was enough corroborating evidence, both written and oral, upon which the conviction was secured.

    The court reserved judgment till a date that will be communicated to parties.

     

  • How we court disasters

    How we court disasters

    The national flood disaster highlights a basic deficiency in our approach to unpleasant situations and that is the idea of waiting until disaster strikes before taking action.

    Faced with imminent danger, successive administrations in Nigeria invariably adopt a wait and see policy rather than coming up with an initiative to avert the crisis. In effect, this nation has witnessed several avoidable disasters resulting in a cyclical pattern of development that rejects progression. In many ways, our attempt at nation-building replicates Albert Camus’s Sisyphean myth as whatever gains we record are usually cancelled out by incessant disasters and then we find ourselves always rebuilding.

    The waiting game in itself is a product of the conflict between personal interests and the interests of the larger society. Those entrusted with leadership positions in Nigeria over the years tend to sacrifice common good for selfish ends. Societal problems are attended to only in emergency situations. So long as a problem has not deteriorated to that level, it can wait.

    The reaction to disasters is also predictable. First, an enquiry is launched into the cause or impact of a problem that has been waiting to happen. Then again, resources that should have been utilized to keep the problem in check will be invested in disaster management. Sometimes fatalistic principles are invoked to justify disasters. In the Bauchi State post-election killings for instance, those that should have offered protection to the slain corps members declared that they were destined to die during their service year.

    We must, therefore, go beyond blaming nature for the calamity witnessed in most parts of the country recently as the real source of the havoc is the failure of those in authority to respond to the threats posed by the global climate change. Although there were predictions of torrential rainfall and early flood warnings, no efforts whatsoever were made by the federal or any state government to assess the impact of the climate change on the nation or to devise the means of checking it.

    The fact that all the 36 states and the Federal Capital Territory are flood-prone should have propelled the two levels of government into action. Besides, in July last year, Lagos State and some communities in Ogun State were completely submerged after a torrential rainfall. That incident left a trail of destructions which should have served as a wake-up call for the government. Yet, no lessons were learnt.

    But, as soon as the phenomenon assumed an alarming proportion, affecting 30 of the 36 states of the federation, the Federal Government countered with a mitigation package. A Technical Committee on Floods Impact Assessment was immediately raised and mandated to tour the disaster areas. From its interim report, N13.3 billion was dispatched to all the states to combat flood.

    Some ministries and agencies of the Federal Government among them, the Ministry of Works, the Ministry of Environment, National Emergency Management Agency and National Commission on Refugees, received N4.3billion to join the states in providing succour to the victims. The government is now shopping for more funds through another committee, the National Committee on Flood Rehabilitation, to further mitigate the impact of the disaster and ensure a post-impact rehabilitation of the victims.

    In addition to these short-term measures, belated medium and long term measures to check future flood disasters are in the offing. Practically all the states of the federation now have committees on flooding. Already, governors of the affected states are saddled with the responsibility of providing flood victims with accommodation, relief materials and medical facilities.

    If these measures had come at the appropriate time, this tragic situation could have been turned into an advantage. Other nations overcome such problems through massive construction of artificial outlets to absorb water from torrential rainfall since floods occur when rivers, the soil and vegetation cannot absorb water. In the dry season, the water so collected is released for irrigation purposes. Evidently, the Federal and state governments were under the illusion that the global phenomenon of flooding will never get to us and the nation has paid dearly for their inaction.

    Today, Nigeria presents the sorry picture of a nation at war with nature as the antagonist. Several lives have been lost. Hundreds of thousands of people have abandoned their homes and belongings to run for their lives. The displaced are now crammed in refugee camps and surviving on relief materials as obtains in a typical war situation. As many people have observed, the crowded rehabilitation camps are another recipe for disaster. What will follow is an outbreak of epidemics and as usual innocent children will bear the brunt.

    Highways have also been taken over by water leaving scores of passengers stranded and food scarcity looms as farmlands have been destroyed. Floods are also known to cause soil erosion, induce structural damages to buildings and endanger the lives of other species. Losses from flood in monetary terms usually run into trillions of naira. According to media reports, the nation loses about N6.75 billion oil revenue daily to flood.

    There is no doubt that the impact of the flood disaster will remain with us for a long time to come. About 32 years ago, the first civilian governor of the old Imo State, the late Chief Sam Mbakwe, had called the attention of the nation to the devastating effect of floods but no one took him seriously. He was rather branded a ‘weeping governor’ for weeping for victims of a flood ravaged community.

    It is unfortunate that some of us have become accustomed to reactive measures. The encomiums being lavished on the Federal Government since the release of the flood intervention funds point to this. The governors are also being praised to the skies for offering salvation to victims of the flood disaster.

    Viewed correctly, there is nothing to cheer about. Whatever the Presidency and the governors have done is to assuage the pains inflicted on the victims in particular and the nation in general by their failure to carry out their constitutional duties. There is no reason why Nigerians should not have been insulated from a disaster of such magnitude after metrological warnings and given the consequences of floods to individuals and the economy. This is more so as we have scientists at the helm of affairs who should know the implications of forecasts based on empirical evidence.

    We must begin to demand that those in authority do things the right way so as to save the populace unnecessary mental and psychological agonies. If nations that experience flooding from different sources such as failure of dams, tsunamis and high tides have found ways of containing the situation why should Nigeria where the only source of flooding is torrential rainfall find itself in such a mess?

    Just like fire, water has two contradictory qualities. It is both life-giving and destructive. Any nation that ignores the dark side of water does so at its own peril.

    • Dr Nnadi, writes from Lagos.

  • Ibori’s $15m : Court rejects request to summon Clark

    Ibori’s $15m : Court rejects request to summon Clark

    A Federal High Court, Abuja, on Monday, refused oral application to summon the prominent South-South leader, Chief Edwin Clark, over his comment on the controversial $15 million traced to the convicted former Delta State Governor, James Ibori.

    Ibori allegedly offered the money as bribe to the Economic and Financial Crimes Commission (EFCC).

    Clark had called for the sack of the EFCC Chairman, Ibrahim Lamorde, over the needless controversy generated by the money.

    At the resumed hearing of the suit by the commission, seeking forfeiture of the money to the Federal Government, the EFCC lawyer, Rotimi Jacobs (SAN) criticized the elder statesman for commenting on the issue already before the court for adjudication.

    Ruling on the request to invite Clark, Justice Gabriel Kolawole, who said the application was diversionary, pointed out that Clark is neither a party nor counsel in the matter before him.

    He, however, said the commission is at the liberty to file a formal application to summon Clark before him.

    Meanwhile, a London- based lawyer, John Olufemi Aina has filed an application on behalf of an individual, Olalekan Kayode asking the court to remit the $15 million bribe money to him on trust for the public.

    Aina asked the court not to forfeit the money to the federal government on the grounds that all the looted funds recovered by the federal government from the family of the late General Sani Abacha, Cecilia Ibru, ex-Governor Joshua Dariye up to Halliburton were re-looted by government officials.

    He said he will constitute a trust committee on behalf of Nigerians who shall determine what project to execute with it for the benefit of the general public.

    Before adjourning hearing till November 11, Justice Kolawole asked parties to serve all pending applications.

    Clark had accused Lamorde of displaying gross incompetence in the manner he was handling the case, adding that “Nigeria desires a more serious body to fight corruption not the EFCC, the one being led by Lamorde.”

    The elder statesman said there was no controversy over the ownership of the money as being insinuated by the anti graft agency in the suit before the Federal High Court, Abuja.

    Clark said the EFCC, Achibogu and all involved in the forfeiture suit filed at the Federal High Court, Abuja, should be probed to put the battle against corruption on the front burner of our “body polity.”

    “As at today, the EFCC as presently constituted cannot fight corruption because it lacks the will, courage and determination, as the James Ibori $15 million bribe had revealed. The EFCC should be made of men of honour and probity.

    “Despite the opinion some may hold on Ibrahim Lamorde the present Executive Chairman of the EFCC, he should be investigated for the unholy roles he had played in the James Ibori saga”, Clark added.

    He was of the opinion that the money might have been offered as bribe to Ribadu to compromise him on the allegations of N120 billion supplementary budget fraud levelled against the former governor.

     

     

  • The problem with ECOWAS Court

    The problem with ECOWAS Court

    By most accounts, the ECOWAS Community Court of Justice has played some vital roles in implementing the community laws, while serving as a veritable instrument for West Africa’s integration.

    The set of ECOWAS Community Laws includes the treaty, conventions and protocols, regulations, directives and other subsidiary legal instruments adopted within the framework of the ECOWAS Community.

    Observers note that since its inception in 1999, the court has been able to live up to its mandate by ensuring compliance with the laws, particularly those relating to the protection of human rights in member states.

    Besides, the ECOWAS Court of Justice Annual Report of 2009 to 2011 acknowledges that the court steadily “increases in its credibility and confidence, while consolidating its role as the principal legal organ of the community.”

    It says this is typified in the volume of judicial activities, which includes the number of cases filed, court sessions held and judgments delivered.

    According to the report, 2009 marked a turning-point in the service delivery of the ECOWAS Court of Justice, as the court was then able to record a remarkable increase in its judicial activities, including the number of decisions made and hearings held.

    It says the feat sprawled to 2010, as the court was able to record 85 hearings and deliver 15 judgments, including seven final judgments and eight rulings.

    “Since its first hearing in 2004, never has the court held so many hearings and made so many decisions,” the report states.

    As the court resumed for its 2012/2013 Legal Year in September, observers express the hope that the court would be able to record more achievements in the year.

    During the resumption ceremony, the court’s Chief Registrar, Mr Tony Anene-Maidoh, who said that 16 new cases had been filed before the court; however, called on ECOWAS member states to strive to implement the court decisions.

    He said this year alone, the court held 73 sessions, delivered 11 judgments and 14 rulings, while 43 cases were still pending before it with 10 other cases awaiting judgment.

    In a nutshell, the court has held 376 sessions since its inaugural session on Jan. 22, 2004, Anene-Maidoh noted.

    “Since inception of this court, 130 cases have been lodged and some of these cases were consolidated.

    “The court has delivered 108 decisions, including 52 judgments and 56 rulings; 10 cases are awaiting judgment, while 38 cases are awaiting trial,” he said.

    Anene-Maidoh stressed that the increase in the diversity of cases before the court somewhat necessitated the establishment of a vibrant culture of respect for human rights and good governance in ECOWAS member states.

    However, perceptive observers attribute the court’s feats to the adoption of the Supplementary Protocol of the ECOWAS Court in January 2005 by the Authority of Heads of States and Government.

    They note that the supplementary protocol, which amended the 1991 Protocol of the court, permits individuals and corporate bodies to have direct access to the court.

    They also observe that the protocol bestows on member states the responsibility of enforcing the court’s decisions.

    The court’s achievements notwithstanding, the court’s leadership has expressed concern over the non-enforcement of the court’s decisions by member states.

    It underscores the need for member states to play crucial roles in the development of ECOWAS Community Laws.

    Justice Awa Nana-Daboya, the President of ECOWAS Community Court of Justice, said that even if the court’s decisions had been enforced by member states, no reports had been made to that effect.

    She also said the court received no feedback from the beneficiaries of its decisions.

    “This air of uncertainty surrounding the decisions of the court is one of the challenges confronting the efficacy of the institution.

    “Such attitudes are synonymous with opposition or non-observance of obligations. When will time come for an end to default on obligations so as to bring an end to political ill-will?” she asked.

    Nana-Daboya particularly called on member states to adhere strictly to the provisions of the ECOWAS Community Laws.

    The chief registrar said that the level of enforcement of the court decisions by member states was low.

    “In terms of statistics as to the level of enforcement, it is difficult to give you the exact figure for obvious reasons. However, many of the decisions of the court ended on preliminary objections.

    “But in respect of cases where member states are directly involved and an order is made against a member state to comply with a particular decision and it fails to do that; this is the area in which there are issues,” Anene-Maidoh said.

    According to him, Article 15 (4) of the Revised Treaty provides that judgments of the court are binding on all member states, individuals and corporate bodies.

    Anene-Maidoh also said Article 24 of the Supplementary Protocol “states that each member state is expected to appoint a national authority that will be responsible for the enforcement of the court’s decisions, in accordance with her own rules of civil procedure.

    “Unfortunately, only three member states have appointed the appropriate national authority; these are Nigeria, Republic of Guinea and the Republic of Niger,” he added.

    He said the apathy of the member states toward the implementation of the court’s decisions could invariably erode the confidence of ECOWAS citizens in the court’s ability to enforce the implementation of its decisions.

    However, Dr Toga Gayewa, the Vice-President of the ECOWAS Commission, attributed the non-implementation of the court’s decisions by member states to inadequate sensitisation.

    He stressed the need for member states to organise public awareness campaigns on the ECOWAS Court of Justice, its mandate and the community laws to enable the citizens to understand all the salient issues involved.

    “ECOWAS citizens ought to know more about the court; how to engage with it and the modalities for the implementation of its decisions.

    “Armed with such knowledge, our citizens will be better placed to initiate, either by themselves or through their counsel, a writ before the court to express their grievances,” he said.

    Gayewa disclosed that the possibility of establishing an appellate court, as directed by ECOWAS Council of Ministers, would form part of the commission’s priority programmes in 2013.

    All the same, Prof. Muhammed Tawfiq of the Department of Public Law, Ahmadu Bello University, Zaria, proposed a strategic collaboration between the judiciary and executive arms of ECOWAS in efforts to implement the community laws and enforce the court’s decisions.

    However, observers insist that the political will of ECOWAS member states is paramount in efforts to implement the community laws and foster the integration of the sub-regional grouping.

  • Court orders SSS, police to probe monarch’s kidnap

    The Federal High Court, Lagos, yesterday ordered the Director-General of the State Security Service (SSS), Mr Ita Ekpenyong, and the Inspector-General of Police (IGP), Mohammed Abubakar, to investigate last year’s abduction of a monarch in Anambra State, Chief Lawrence Oragwu.

    Justice Mohammed Idris ordered the IGP to mandate a special unit of the police to begin or take over and conclude the investigation.

    He ordered the respondents to transmit to the court’s Registry a type-written report of their investigations “within three months”.

    Oragwu, a retired Deputy Comptroller-General of the Nigeria Customs Service (NCS), was abducted with his driver by unknown gunmen on June 2, last year, in Agulu, Anaocha Local Government Area of Anambra State, on his way from a church.

    He was the acting Igwe of Adazi-Nnukwu in Anaocha Local Government Area.

    The judge noted that the respondents did not defend the action and, therefore, entered judgment in favour of the plaintiff, Mr Nnamdi Oragwu, a lawyer and the monarch’s son.

    Oragwu had told the court that a Toyota Hilux truck drove in front of his father’s car and blocked him and his driver. About four heavily armed men alighted, dragged the driver out, pushed the monarch into the truck and drove off.

    The abductors, he added, took away the monarch’s car.

    The monarch’s son said another person from a neighbouring village, who was also abducted by the same gang, escaped after disarming one of his abductors of an AK47 rifle, which had an inscription suspected to be from the military.

    The lawyer petitioned the SSS as well as the Chief of Army Staff on June 16 and June 21, last year. But they allegedly did not respond until a newspaper contacted the army.

    The family reportedly received an anonymous letter from someone claiming to be an army officer, who narrated how the kidnap plot was hatched and perpetrated, naming some participants.

    The letter, which was undated and unsigned, reads: “This is to inform the public and people of Adazi Nnukwu that the man they are looking for is dead. I am a soldier at Onitsha Barracks’ 302 Artillery Regiment. I participated in the assassination operation that was disguised as a kidnap.”