A Benue State Chief Magistrates’ Court yesterday remanded a 22-year-old welder, Isaiah Shedrack, in Nigeria Correctional Service Centre, Makurdi, following allegations of robbery and murder of one Ochoyoda Umoru, a commercial motorcycle rider.
Chief Magistrate Kelvin Mbanongun, who did not take the defendant’s plea for want of jurisdiction, ordered his remand in custody and adjourned the matter till January 26, 2024, for further mention.
The Prosecution Counsel, Inspector Godwin Ato, told the court that the case was transferred from the Divisional Police Headquarters in Obagaji to the State CID in Makurdi, on November. 15.
According to Ato, on November 13, one Usman Umoru, the deceased’s uncle, reported at the Obagaji police station that his 17-year-old nephew was missing.
The complainant reported that Ochoyoda went out as usual on November 8 with his Bajaj motorcycle but did not return. He added that when Ochoyoda did not return home at his usual time, and could not be reached on phone, a search party, comprising his colleagues, was mobilised
According to the prosecutor, Ochoyoda’s body was found on Okwutanobe/Okpajabi Road, in Agatu Local Government Area, with bullet wounds on his chest and back.
Ato said the defendant was arrested during police investigation and the Bajaj motorcycle belonging to the deceased was recovered from him.
A Benue State Chief Magistrates’ Court yesterday remanded a 22-year-old welder, Isaiah Shedrack, in Nigeria Correctional Service Centre, Makurdi, following allegations of robbery and murder of one Ochoyoda Umoru, a commercial motorcycle rider.
Chief Magistrate Kelvin Mbanongun, who did not take the defendant’s plea for want of jurisdiction, ordered his remand in custody and adjourned the matter till January 26, 2024, for further mention.
The Prosecution Counsel, Inspector Godwin Ato, told the court that the case was transferred from the Divisional Police Headquarters in Obagaji to the State CID in Makurdi, on November. 15.
According to Ato, on November 13, one Usman Umoru, the deceased’s uncle, reported at the Obagaji police station that his 17-year-old nephew was missing.
The complainant reported that Ochoyoda went out as usual on November 8 with his Bajaj motorcycle but did not return. He added that when Ochoyoda did not return home at his usual time, and could not be reached on phone, a search party, comprising his colleagues, was mobilised
According to the prosecutor, Ochoyoda’s body was found on Okwutanobe/Okpajabi Road, in Agatu Local Government Area, with bullet wounds on his chest and back.
Ato said the defendant was arrested during police investigation and the Bajaj motorcycle belonging to the deceased was recovered from him.
Justice Hakeem Oshodi of an Ikeja High Court yesterday sentenced an oil pipeline vandal, Clement Ododomu, to death by hanging for killing seven officers of the Department of State Services (DSS).
One other pipeline vandal, Tiwei Monday, was sentenced to 16 years imprisonment.
The convicts were arraigned before on a 10-count charge of conspiracy to commit murder, murder and illegal possession of firearms, among others.
Justice Oshodi dismissed the allocutus (plea) of the defence counsel, Olusegun Akande, who, on October 11, prayed the court to temper justice with mercy.
Director of Public Prosecutions (DPP), Babajide Martins, on the other hand, told the court that the offences were grave. He prayed the court to impose the maximum sentences on the convicts as stipulated in the criminal laws of the state.
Justice Oshodi said he took into consideration the demeanour of the convicts, which he termed as ‘unremorseful’.
Delivering judgment in the matter yesterday, Justice Oshodi said the position of the law is binding on the convicts. He convicted the first defendant on counts one, five, seven, nine and 10, while the second defendant was convicted on counts one and 10.
Justice Oshodi also sentenced the first defendant to death on count five, seven and nine, while both defendants were convicted on count 10. He said claims by the defence that the defendants were in Lagos for their grandmother’s funeral was a ruse.
According to prosecution, the convicts committed the offences on September 14, 2015, in Ishawo Creek, Ikorodu, Lagos State.
The Federal High Court in Port Harcourt has ordered parties to maintain the status quo pending the hearing of the Motion on Notice filed by the House of Assembly and the factional speaker, Ehie Ogerenye Edison.
Ruling on a motion ex-parte, Justice Phoebe Ayuba ordered that none of the parties on record should take any action that will be sub-judice.
The applicants sought a declaration that the factional speaker, Martin Chike Amaewhule, and his deputy, Dumle Maol, having been suspended, are not entitled to participate, disturb, interfere or obstruct the performance of the legislative proceedings of the House.
They also sought an order restraining the two “former” principal officers from interfering or participating in the functions of the House of Assembly.
The Inspector General of the Police and the Director of the State Security Service are also parties.
The ex-parte motion in the suit marked FHC /PH/CS/234/2023 was moved by the applicants’ counsel N. O. Akporuvweku with M. I. Okoye.
Justice Ayuba ordered: “That an order is made directing the plaintiffs/applicants to put the respondents on notice forthwith.
“That an order is, however, made, directing that all parties on record respect the court and should not take any step concerning the subject matter in this matter, since the matter is already before this court – sub judice – pending the hearing and determination of Motion on Notion.”
The motion on notice is fixed for a hearing on November 27.
The Court of Appeal in Abuja has dismissed the application by Ondo State House of Assembly and its Speaker for an order hastening the hearing of its appeal seeking to upturn the order by a Federal High Court in Abuja halting the planned impeachment of Deputy Governor Lucky Aiyedatiwa.
In a ruling yesterday, a three-member panel of the appellate court held that the House of Assembly’s application for an order to abridge the time for the hearing of its appeal was without merit.
The court held that the applicant failed to show exception circumstances to warrant the grant of such an application.
The Assembly had on October 20 filed the application to abridge the time for the respondents to file their briefs.
It equally filed another application to extend time to compile and transmit the record of appeal.
During a hearing in the case on November 3, Aiyedatiwa’s lawyer, Ebun-Olu Adegboruwa (SAN), faulted the application to extend time to compel record.
Adegboruwa argued, among others, that the court’s rules do not permit the appellants to seek extension of time on behalf of the court’s registrar, whose duty is originally to compile the record.
He added that the option for the appellants was to, on their own, proceed to compile the record.
Following the objection by Aiyedatiwa’s lawyer, the Assembly withdrew the application.
Also on November 3, the appellant’s proceeded to argue their application to abridge time for the respondents to file their briefs of argument, an application Aiyedatiwa’s lawyer equally objected to.
Adegboruwa contended that the appellants’ decision to withdraw the earlier application to extend time to compile the record of appeal has the consequence of taking the appeal to the normal run of events under the Rules of the court.
He added that based on the development, there was no basis for seeking to abridge time, a position the appellate court upheld in its ruling yesterday.
The appeal filed on October 3 by the Ondo Assembly and its Speaker are against the orders made ex-parte by Justice Emeka Nwite of the Federal High Court, Abuja on September 26 restraining the Ondo State Governor, it’s Chief Judge, the House of Assembly, its Speaker and others from proceeding with their planned impeachment of Aiyedatiwa pending the determination of a pending motion on notice for interlocutory injunctions.
The Federal Judicial Service Commission (FJSC), in a race to fill gaping vacancies, last week nominated 11 Justices of the Court of Appeal for elevation to the Supreme Court. Again, the academia and the Bar were ignored. ROBERT EGBE profiles them.
The revelation last Thursday that the Federal Judicial Service Commission (FJSC) had nominated 22 justices of the Court of Appeal to the National Judicial Council (NJC) for elevation to the Supreme Court could not have come soon enough.
For two years, stakeholders had been raising the alarm about the dangers of a depleted apex court Bench.
At the commencement of the presidential election petition proceedings in March, the Supreme Court comprised just 13 justices, a number it had retained since August 2022. Following the retirement of Justice Amina Augie on September 3 this year and the death two months earlier of Justice Chima Nweze, this number dropped to 11 justices out of a possible constitutional ceiling of 21.
That number further dipped to an all-time low of 10 justices when the court’s second senior-most member, Justice Musa Dattijo Muhammad retired on October 27.
The 10 Justices are Chief Justice of Nigeria (CJN) Olukayode Ariwoola), Justices Kudirat Kekere-Ekun, Uwani Musa Abba Aji, John Inyang Okoro, Lawal Garba, Helen Ogunwumiju, Ibrahim Saulawa, Adamu Jauro, Tijjani Abubakar and Justice Emmanuel Agim.
The situation has puzzled many, because CJN Ariwoola, who heads both the FJSC and the NJC that are both responsible for the recommendation of suitably qualified persons to be appointed to the Supreme Court, often lamented the increasing workload caused by the shortage of hands-on the Bench.
“A single drop in the number of justices here brings about a sudden increase in our workload,” Justice Ariwoola said in Abuja, on September 22, at a valedictory ceremony of a retired Justice of the Supreme Court, Abdu Aboki.
Aborted process
There were 14 Justices on the roll of the Supreme Court in June 2022, when CJN Ariwoola was appointed. By the time he was confirmed byEx- President Mohammadu Buhari in September 2022, the number had decreased to 13 with the retirement of Justice Aboki.
However, before the CJN came into office, his predecessor Justice Tanko Muhammad had begun a process to appoint more Justices to the Supreme Court. In January 2022, he published notices requesting expressions of interest in Supreme Court vacancies, with the Nigerian Bar Association (NBA) complaining shortly after that its nominees were abandoned in the NJC’s shortlist.
In June 2023, one year after Justice Ariwoola was appointed CJN, the latest call for expression of interest was opened for the appointment of 10 Justices of the Supreme Court, with no reference made to the outcome of the process begun in 2022.
Delay in appointment of justices
The CJN and the apex court came even under more scrutiny when recently-retired and erstwhile NJC vice chairman, Justice Musa Dattijo Muhammad, alleged that the delay in filling the vacancies was deliberate.
“It is not in doubt that there has been sufficient time for suitable replacements to have been appointed,” Justice Muhammad said during his extraordinary valedictory session on October 27, this year.
“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the Chief Justice of Nigeria (CJN) and the responsible exercise of same,” he alleged.
He also spoke of the lopsided composition of the Justices of the Supreme Court and the presidential election appeal panel that recently affirmed President Bola Tinubu’s election.
Currently, the Southeast region and Justice Muhammad’s Northcentral region, are not represented on the Supreme Court.
22 justices nominated
During Justice Muhammad’s valedictory session, CJN Ariwoola hinted that the Supreme Court would soon have its full complement of 21 justices, adding that he was desirous of fast-tracking the process of appointing 11 new Justices.
The nomination of 22 justices recommended to the NJC for elevation to the Supreme Court is thus expected to go a long way in assuaging some of the concerns of stakeholders.
According to the FJSC’s list, six of the nominees are from the Southeast geopolitical zone, six from Northcentral, and four from the Northwest while two nominees each are from the Southwest, Southsouth and Northeast respectively.
Their profiles
Justice Uwa
Justice Uwa was born on October 26, 1958. She is from Isiala Ngwa South Local Government Area (LGA) of Abia State.
She was called to the Nigerian Bar in 1983 and appointed a Justice of the Court of Appeal on July 18, 2006.
The young Uwa attended Araromi Primary School, Moloney, Lagos from 1965 to 1966, then Ereko Methodist School, Lagos in 1967. She transferred to St. Michael’s Primary School, Aba in 1968, Amachi Community School, Amachi Nsulu, Isiala Ngwa 1969 to 1970. She then moved abroad and joined Westlands Primary School, Nairobi, Kenya from 1971 to 1972, Alliance Girls High School, Kikuyu, Kenya from 1973 to 1978, the University of Nairobi, Kenya from 1979 to 1980 and the University of Buckingham, England from 1980 to 1982. She returned to Nigeria and enrolled at the Nigerian Law School from 1982 to 1983. 1983.
She was appointed to the Abia State High Court on November 4, 1998 and then to the Court of Appeal on July18, 2006.
Justice Ogbuinya
Justice Ogbuinya was born on June 16, 1965. He is from Ohaukwu LGA of Ebonyi State. He was called to the Nigerian Bar in 1989 and appointed a Justice of the Court of Appeal on November 30 2010.
He attended State Primary School, Oriaja, Ngbo from 1971 to 1976, Uga Boys’ Secondary School, Uga, Aguata L.G.A. Anambra State from 1976 to 1981 and University of Nigeria, Nsukka from 1984 to 1988 before enrolling at the Nigerian Law School, Lagos from 1988 to 1989.
He was appointed to the Ebonyi State High Court on May 21, 2002.
Justice Ogakwu
Justice Ogakwu was born on August 4, 1964. He is from Udi LGA of Enugu State. He was called to the Nigerian Bar in 1985 and appointed to the Appeal Court on March 24, 2014.
He attended W.T.C Practising School, Enugu from 1970 to 1974, Boys High School, Awkunanaw, Enugu (1974-1979), Institute of Management & Technology, Enugu (1979 -1980)
University of Nigeria (1980 -1984), Nigerian Law School, Lagos (1984-1985).
He was appointed to the High Court of the FCT on December17, 2003.
Justice Adumein
Justice Adumein was born on May 6, 1964. He is from Bayelsa State. He was called to the Nigerian Bar in 1985 and appointed to the Court of Appeal on July 16, 2010.
He attended the University of Hong Kong in 2004 for a Post Graduate Certificate in Corruption Studies, the Nigerian Law School (1984 -1985), University Of Lagos (1981 -1984), Federal Government College, Lagos (1978 – 1980), Awori-Ajeromi Grammar (1973 – 1978) and Local Authority School, Aiyetoro, Ajegunle, Apapa, Lagos (1970 -1973).
He was appointed to the Bayelsa State High Court in November 2001.
Justice Abiru
Justice Abiru was born on October 17, 1964. He is from Ikorodu LGA of Lagos State. He was called to the Nigerian Bar in 1985 and appointed to the Court of Appeal on November 5, 2012.
He attended the Nigerian Institute of Chartered Arbitrators Fellow (FCArb) in 2016, Chartered Institute of Arbitrators (UK) Member (MCIArb)2006, University of Ife, Ile-Ife, Osun State for his Master of Laws (LL.M) (1986-1987), the Nigerian Law School, Lagos, Nigeria (1984 -1985), University of Ife, Ile-Ife, Osun State, (LL. B) (1980-1984) and Baptist Academy, Obanikoro, Lagos, (1979 -1980).
He was appointed to the Lagos State High Court in May 2001.
Justice Adah
Justice Adah was born on July 30, 1957. He was appointed to the Court of Appeal on November 5, 2012. He hails from De-Kina in Kogi State. He was called to Bar in 1982.
A 1978 graduate of Ahmadu Bello University, Zaria, he was appointed to the Federal High Court on November 12, 1998 and was elevated to the Court of Appeal on November 5, 2012.
Justice Idris
Justice Idris was born on October 25, 1970. He was appointed to the Court of Appeal on June 22, 2018. He hails from Lavun in Niger State and was called to Bar in 1993.
A 1987 graduate of the Usmanu Dan Fodio University, Sokoto, he was appointed to the Federal High Court in January 2008, where he was assigned many high-profile corruption and commercial cases. He also once refused to force a reporter to disclose the source of a story and rejected a lawyer’s prayer to send the journalist to the dock, saying the media should be allowed to do their job.
Justice Sankey
Justice Sankey was born on January 16, 1959, in Jos South, Plateau State. He was called to the Bar in 1980 after graduating from the Ahmadu Bello University, Zaria, in 1976. He was appointed to the High Court of Plateau State on October 8, 1993, and was elevated to the Court of Appeal on June 8, 2006.
Justice Umar
Justice Umar was born on February 22, 1960. He is from Kebbi State. He was called to the Nigerian Bar in 1984 and appointed to the Court of Appeal on June 22, 2018.
He attended Mallam Salihu Primary School, Koko (1966-1968), Central Primary School, Birnin-Kebbi (1968 – 1973), Government Secondary School, Kamba (1973-1977), State College of Arts and Science, Sokoto (1977-1980)Ahmadu Bello University, Zaria (1980 -1983), Nigerian Law School, Lagos (1983 – 1984),
Institute of Advance Legal Studies, Lagos (1987), Royal Institute of Public Admin, London (1989) and University of Johannesburg, South Africa (2005).
He was appointed to the High Court of the FCT in 2003.
Justice Shuaibu
Justice Shuaibu was born on January 29, 1960. He is from Taura LGA of Jigawa State. He was called to the Nigerian Bar in 1985, joined the Federal High Court in 2002 and was appointed to the Court of Appeal on March 24, 2014.
He attended Law Enforcement Academy Roswell, USA (2013), Royal Institute of Administration London (1999), Nigerian Law School (1984- 1985), University of Sokoto (1978 – 1984), Government Secondary School, Gaya Kano State (1973-1978),
Taura Primary School, Jigawa (1966-1972).
Justice Tsammani
Justice Tsammani was born on November 23, 1959. He is from Tafawa Balewa LGA of Bauchi State. He was called to the Bar in 1983. Tsammani joined the High Court of Bauchi State on September 17, 1998 and was appointed to the Court of Appeal on July 16, 2010. He attended LEA. Primary School, Tafawa Balewa (1967-1973), Government Secondary School, Maiduguri (1973-1978), Ahmadu Bello University, Zaria (1978-1982), Nigerian Law School, Lagos (1982-1983), Institute of Advanced Legal Studies, University of Lagos (1991), Abubakar Tafawa Balewa University, Bauchi (1997-1998) and the University of Jos (2001-2003).
NJC overlooks lawyers
In 2017, following an invitation by the then CJN, Justice Walter Onnoghen, some accomplished lawyers were nominated by the NBA for appointment to the Supreme Court bench.
The NBA then led by Abubakar Mahmoud (SAN), forwarded the names of nine lawyers for appointment as Justices of the Supreme Court.
The nominees comprised well-respected advocates and academics in the legal profession.
The NBA’s nominees were former President of the NBA Olisa Agbakoba (SAN), Anthony Ikemefuna Idigbe (SAN), Yunus Ustas Usman (SAN), Babatunde Fagbohunlu (SAN), Miannaya Aja Essien (SAN), Awa Uma Kalu (SAN), Awalu Hamish Yadudu, Tajudeen Oladoja and Ayuba Giwa.
However, the attempt to have lawyers appointed to the Supreme Court bench did not succeed.
Several other attempts by the Bar have also failed.
In June this year, Nigerian Bar Association (NBA) President Yakubu Maikyau (SAN) urged interested and suitably qualified lawyers from the regions with openings on the Supreme Court bench to submit their expressions of interest to the NBA secretariat in Abuja.
Lawyers with at least 15 years of call to the Nigerian bar are eligible to be appointed directly from the bar to the Supreme Court bench.
But the NJC, as has been its practice for years, also ignored the list of nominees from the Bar.
President’s advice ignored
The NBA was not alone in the rejection.
Exercising its constitutional independence, the FJSC ignored an appeal, just four days earlier, by President Bola Tinubu for the appointment of qualified, experienced and diligent private legal practitioners to both the Appeal Court and the Supreme Court bench.
Tinubu, while addressing the opening session of the 2023 All Nigerian Judges Conference of the Superior Courts on November 13, reasoned that selecting qualified lawyers to fill the vacant seats on the bench of the two superior courts, is in the judiciary’s interest.
“I seize this opportunity to make one sentence on the appointment of private legal practitioners into our appellate courts.
“Considering the constitutional provisions in practice in other jurisdictions, I am of the strong view that to further strengthen our appellate court, qualified, experienced and diligent private legal practitioners should be considered for appointment to both the Appeal and Supreme Court, as the nation will benefit from this,” Tinubu argued.
‘Geographical spread is not enough’
One of the groups advocating the appointment of apex court justices from outside its traditional pool of judges is the Body of Senior Advocates of Nigeria (BOSAN)
Last June, BOSAN faulted CJN Ariwoola’s comments on the appointment process of judges to the appellate courts.
A SAN, who spoke on behalf of the group, Mr. Onomigbo Okpoko, said the “appointment process appears to have been designed and operated to exclude good and competent lawyers” from being appointed Justices of appellate courts.
In his view, the policy of geographical spread in public service appointments is “the foundation for mediocrity and incompetence.”
The body queried the rejection of the nominations of the NBA for appointment to the Supreme Court by former CJN Tanko Muhammad.
He said: “The appointment of appellate judges is not a promotional exercise” that excludes lawyers, adding that “the National Judicial Council ignores” the pool of lawyers from the Bar and academia but “prefers to appoint candidates (to the appellate courts) on the basis that they have served…as judges.”
Crisis of confidence
Criticism of the NJC’s appointment criteria comes against the backdrop of the loss of confidence in the judiciary, including the Supreme Court.
For instance, activist-lawyer and former NBA President, Dr. Olisa Agbakoba pulled no punches in his thoughts on the matter during a television programme in April monitored by The Nation.
Agbakoba said: “I have lost a bit of confidence in what the courts have been doing lately. There was a time when you could say oh, on the facts and the law, this is the likely outcome; today you cannot because there have been all kinds of silly decisions. The silliest was that concerning the (former) President of the Senate (Ahmed Lawan), who in order to become Nigeria’s president rushed off to buy the presidential ticket of the All Progressives Congress (APC) and that meant he did not take part in the senatorial.
“Lo and behold he lost; he now ran back after the horse had bolted. Clearly to anybody who has any brain which the Supreme Court justices might have had and they say no, the man actually should be the senatorial candidate. That is the most ridiculous decision that I have ever heard that the Supreme Court has delivered”.
“They (judgments) ought to be predictable, which is why people are beginning to question; there is a new school of thinking coming up to say ‘should the Supreme Court really be final?’ ‘You see what they are causing now? Should they be final or should their decisions be subject to parliamentary review?’ It is an argument that is now growing in judicial circles.”
The immediate past NBA President, Olumide Akpata also tackled the issue of problematic judicial appointments at the recently concluded International Bar Association (IBA) conference in Paris, France.
Akpata called for reform
Addressing the gathering, the former NBA president noted that Nigeria remains the largest black nation on earth, adding that the country is confronted with a major problem he termed, “judiciary capture.”
Drawing on his experience in office, Mr Akpata described the judiciary’s recruitment process as flawed.
“For a good judge to emerge out of that process is by fluke only; sheer luck with judicial appointments in Nigeria. It is ridiculous,” he said.
NBA presidents are statutory members of the NJC, which recruits and disciplines erring judges in Nigeria.
Without giving further details of his observations while being on the recruitment panel for judges, Akpata further described his findings as “bizarre.”
“Because the kind of people who show up as judges have no business being there.”
Akpata likened the situation to the judiciary being captured and urged the IBA to intervene.
“IBA being the global body of the legal profession has a role to play in dealing with what I call ‘the judiciary capture,’” he added.
Akpata’s reference to capture echoed a former chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu.
Odinkalu has often criticised heads of courts for appointing their children or spouses as judges.
He also described the situation as “judicial capture.”
The Supreme Court has scheduled hearing for March 13 next year in a suit originally filed in 2008, by the Attorney General of Lagos State against the Federal Government over the dispute as to who has the powers to control and regulate gaming and lottery businesses in each state.
Ekiti State was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020.
The Attorneys-General of the other 34 states were joined as defendants by the Supreme Court on November 15, 2022.
Yesterday the House of Representatives Committee on Finance placed the National Lottery Trust Fund on status enquiry for spending 100 per cent of its internally generated revenue (IGR).
This means the Committee will appoint an external auditor to audit the accounts of the Fund and the report would be made available to the House for further action.
The suit filed by the 36 states has the Attorney General of the Federation (AGF) and the National Assembly listed as first and second defendants.
A seven-member panel of the Supreme Court, presided over by Justice Kudirat Kekere-Ekun, chose the date during the court’s sitting on Monday after resolving some preliminary issues relating to processes filed.
Bode Olanipekun (SAN) announced appearance for Lagos State government while Adetunji Osho appeared for Ekiti State.
The AGF was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly.
The Attorneys-General of the 33 states were also represented. Kwara was not represented, while the court directed the governments of Jigawa and Kaduna states to put their houses in order by resolving the confusion over legal representation before the next hearing date.
During Monday’s proceedings, the court deemed all the processes filed out of time by the defendants as duly and properly filed upon their being regularized.
The Attorney General of Oyo State withdrew the application it filed to be joined as a co-plaintiff, following which the court struck it out.
Justice Kekere-Ekun advised that all the state governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date.
In their amended originating summons marked SC/1/2008, the plaintiffs – Lagos and Ekiti states – want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
They also want a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria.
Lagos and Ekiti are equally praying the court to declare that l, having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution, the Lagos State Government, through the Lagos State House of Assembly, has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State.
They want an order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.
The plaintiffs also seek “an order of perpetual injunction restraining the 1st Defendant either by himself, agents privies, agencies of the Federal Government of Nigeria or Federation of Nigeria through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory, of Lagos State.”
The Chairman, House of Reps Committee, Hon James Faleke, also directed the Fiscal Responsibility Commission and the Office of the Accountant General to also probe the Fund and submit their reports to the Committee.
This was as the Executive Secretary/Chief Executive Officer of the Fund, Bello Maigari, appeared before the Committee in the ongoing 2024-2026 Medium Term Expenditure Framework and Fiscal Strategy Paper interactive session with Ministries, Departments and Agencies.
Presenting his submission on remittances to the Federal Government, Bello told the Committee the Fund has so far in 2023 generated N2, 492, 996, 588.13 of which the entire sum has been expended on various projects.
Bello said the money was raised from statutory remittances from licensees and permits holders.
He also told the Committee that N6.28 billion was generated in 2022, but the amount was also spent on various projects carried out by the Fund.
He added that the Fund spent and incurred a deficit of N255 million in 2022 because they had a carryover of liabilities in 2021.
Responding to this, Faleke said: “It’s like the government opened this agency for you and your family. That is what you are saying. That is the meaning. You generated almost N2.5 billion and you spent N2.5 billion on kobo. You generated N2, 492, 996, 588.13 from one source and then expended the exact same amount. And you put performance, 100 percent.
“We are going to carry out a status enquiry on the Nigerian Lottery Trust Fund. Status enquiry means we are going to bring in an external auditor to audit your accounts, your books, all your income and expenses from day one to date. We would send our report to the plenary and if you are found guilty, you will be made to refund all expenditure and if you are found guilty, and any other punishment thereof,” he said.
Faleke said the Fund was fully funded by the Federal Government hence it was bound by law to remit 100 per cent of its IGR.
“As is expected of a fully funded government agency, so you generated over N3 billion in 2022; you were expected to remit that over N3 billion,” he said.
On what the N6.2 billion revenue in 2022 was spent on, Bello said they intervened in many areas including education, sports development, social services, public welfare and disaster management.
He added that the money was also spent on the running cost of the Fund.
Bello puzzled the lawmakers when he said the Fund was also expected to pay emoluments, allowances and benefits of members of its board, as well as salaries and allowances of staff.
The panel queried how this could be as the ES/CEO had also already submitted it was a fully funded organization by the Federal Government.
The Federal Road Safety Corps and the Lagos International Trade Fair also appeared before the panel.
Corps Marshal of the FRSC, Dauda Biu and the Chief Executive Officer of the Trade Fair, Veronica Ndanusa, were directed by the Committee to ensure they have all relevant submissions for the committee by the next sitting.
Osun State judiciary workers have staged a protest at the state High Court, Osogbo as the embattled Chief Judge, Justice Oyebola Ojo, planned to resume in office.
The protesters carried placards with inscriptions such as: “Judiciary staff deserve better working condition”, “Unlawful suspension of judiciary staff is barbaric”, “Enough of Victimisation”, among others.
Speaking at the gate of the High Court, Oke-Fia, Osogbo, the Chairman of the union, Gbenga Eludire, said the protest was on the grounds that the Chief Judge, Justice Oyebola Ojo, had refused to release wardrobe allowance meant for workers and also suspended some members for three years despite that the court had vindicated them.
“We are not aware that the chief judge has been suspended by the governor. Whatever is happening between them is strictly a matter between the Judiciary and the Executive arm of the government. It has nothing to do with us.
“Ours is a protest to protect the interest of JUSUN members from the high handedness of the CJ.”
Counsel for the CJ, Oladipo Olasope, SAN, had said Justice Ojo would resume yesterday because the suspension by the state government was null and void in the face of law.
President of the ECOWAS Court of Justice, Justice Edward Amoako Asante, has expressed his commitment to implement the recommendations of the Judges’ Retreat, which took place from 15 – 19 November, 2023, at Global Village Suites in Nasarawa State.
In his remarks delivered at the retreat, Justice Asante stressed that the recommendations adopted will make it possible for the court to adopt additional Practice Directions to guide parties and lawyers appearing before the court and the Court’s Registry on some matters on which the rules of the court are unclear.
The Judges Retreat under the theme, “Strengthening the ECOWAS Court of Justice”, focused on various issues relating to the judicial practice of the Court.
The participants including the judges of the court as well as directors and legal officers, reviewed the Rules of Procedure of the court on aspects which seemed ambiguous, and which posed problems of implementation.
Among the provisions examined were the rules governing award of compensation, the processing of requests for extension of time, the management of requests for judgment by default and consolidation of cases.
Participants also discussed guidelines on the scheduling of cases, handling of preliminary objections and the currency in which compensation should be awarded.
The Vice-President of the Court, Justice Gbéri-Bè Ouattara, also delivered a vote of thanks during the closing ceremony. He expressed his gratitude to all participants for their zeal and commitment to the objectives of the retreat.
He commended them for their immense contribution and their diligence which resulted in relevant recommendations and resolutions.
A 65-year-old man, Igwe Ambrose, has been sentenced to life imprisonment for defiling two minors, aged seven and 11 years, who are daughters of his tenant, by inserting his fingers into their private parts.
Justice Abiola Soladoye of an Ikeja Sexual Offences and Domestic Violence Court yesterday sentenced the convict to double life imprisonment on the four-count charge bordering on sexual assault by penetration and indecent treatment of a child, brought against him by the Lagos State Government.
The offences were committed between January and June 2021 at Shagari Estate, Ipaja, Lagos.
Justice Soladoye held that the prosecution had proved the charges against the convict beyond reasonable doubt.
Soladoye described the convict as a dirty old man, who fingered and touched the private parts of the minors under the pretext of helping them with their school’s homework.
She said the defendant was identified and that the evidence of the minors exposed him as a bare-faced liar,.
She said his defence was untruthful and lacking in merit.
Justice Soladoye noted that the minors decided to open up to their mother, who then informed her husband.
She noted that the father thereafter confronted the defendant and the matter was reported to a police station.
The trial judge said the police visited the scene and invited the convict to the police station for interrogation.
The court noted that the convict denied the allegations against him.
Justice Soladoye in her judgment, however, held that the testimonies of the prosecution witnesses, including that of the minors, were credible.
“The defendant was identified as the assailant and their evidence were corroborated by their mother and the Investigating Police Officer (IPO), who visited the crime scene and a clear account of the assault and indecent treatment was confirmed,” she said.
The judge, thereafter, convicted the defendant of the four-count charge levelled against him, contrary to sections 135 and 261 of the Criminal Laws of Lagos State, 2015.
Justice Soladoye sentenced the convict to life imprisonment on counts one and two and three years each on counts three and four.
The trial judge also ordered that the name of the convict be entered in the Sexual Offences Register maintained by the Lagos State Government.
During trial, the state counsel, Mrs Olufunke Adegoke, called four witnesses, including the two minors, their mother and IPO through whom five exhibits were tendered.
