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Tag: hear

  • Appeal Court to hear CJN’s appeal Thursday

    The Court of Appeal in Abuja yesterday fixed Thursday for hearing in the appeal filed by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, against his planned trial before the Code of Conduct Tribunal (CCT).

    A three-man panel of the Appellate Court, led by Justice Abdu Aboki, after hearing preliminary submissions from lawyer to the CJN, Adegboyega Awomolo (SAN) and Emmanuel Omonuwa, Director Civil Litigation, Federal Ministry of Justice (for the respondent – the Federal Republic of Nigeria), adjourned to Thursday.

    The court adjourned principally for the hearing of a motion on notice, filed by the CJN, for an injunction restraining the CCT from conducting further proceedings in respect of the charge against him pending the determination of the appeal.

    The CJN’s appeal, which has the Federal Republic of Nigeria as the sold respondent, is challenging the order made by the CCT on January 14, this year, for the hearing of two pending applications.

    One of the applications filed by the prosecution is seeking to compel the CJN to vacate office pending the conclusion of his trial. The other application, which the CCT planned to hear today, is filed by the CJN. It is challenging the tribunal’s jurisdiction.

    When the appeal was mentioned yesterday afternoon, Awomolo identified the various sets of documents filed on January 18, this year, by the appellant, including a motion ex-parte, motion on notice for injunction and a notice of appeal.

    Awomolo, who led a number of senior lawyers, including Sebatine Hon (SAN) and Mahmoud Magaji (SAN) for the appellant, said the respondent was served on January 18.

    He said since the respondent was represented in court, the judges could do away with the hearing of the motion ex-parte and proceed to hear the motion on notice.

    Responding, Omonuwa sought a short adjournment to enable him respond to the motion on notice. He said he needed three days to file a counter affidavit.

    When asked to respond, Awomolo said it was within the right of the respondent to be allowed to respond to a motion served on him.

    Awomolo said he was not objecting to Omonuwa’s request for adjournment.

    He, however, prayed the court to order parties to maintain status quo and refrain from taken steps, in respect of the charge before the CCT, pending the next date, a request Omonuwa objected to.

    Omonuwa said there were already three subsisting restraining orders made by three High Court, restraining the CCT from proceeding with the hearing of the charge against the CJN.

    He said: “When I was going through the processes served on us, I noticed that three courts have granted orders restraining proceedings before the CCT.

    “A Federal High Court in Abuja made a restraining order on January 14; the National Industrial Court of Nigeria in Abuja made similar order the same day. And on January 15, a High Court of the Federal Capital Territory made similar order.

    “All the three orders are subsisting. None has been set aside. In view of these three pending orders, there may not be need for additional order by this court,” Omonuwa said.

    Ruling, Justice Aboki noted that the appellant’s application before the court was a motion on notice, seeking stay of further proceedings in the charge before CCT pending the determination of the appeal.

    He said “no form of order shall be made”, and adjourned the hearing of the motion on notice to January 24.

    Meanwhile, proceedings are expected to resume today before the CCT in respect of the non-assets disclosure charge filed against the CJN by the Federal Government through the Code of Conduct Bureau (CCB).

    Chairman of the tribunal, Danladi Umar had, on January 14, this year, adjourned to January 22 for the hearing of pending motions.

    On Monday, the CJN was seen going about his normal court duties unruffled when The Nation visited the Supreme Court.

    Justice Onnoghen, who led a five-man panel of the apex court, conducted proceedings in many cases from 9am when the court sat, up until 1.30pm when the court rose for the reconstitution of its panel.

    When the court later resumed around 2pm, the CJN was no longer part of the panel. The new panel was head by Justice Musa Dattijo Muhammed.

    One of the cases heard by the panel led by the CJN was an interlocutory appeal filed by former Deputy Speaker, House of Representatives Emeka Ihedioha.

    Also yesterday, the National Industrial Court of Nigeria (NICN) in Abuja restated its earlier order restraining the Attorney General of the Federation (AGF) and some others from forcing the CJN to vacate office in view of the allegation of non-disclosure of assets made against him.

    Also to be affected by the order are other defendants in a suit by Peter Abang. They are: The Chairman of the Code of Conduct Tribunal (CCT), the Code of Conduct Bureau (CCB), the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Inspector-General of Police (IGP) and the Senate President.

    Read also: Babalola seeks national examination for final year varsity students

    Justice Sanusi Kado had, in an ex-parte ruling on January 14, this year, made similar order and equally halted the scheduled trial of the CJN before the CCT on charges of non-declaration of assets.

    The judge restrained the defendants in the suit from attempting to force the CJN out of office pending the hearing and determination of the plaintiff’s motion for interlocutory injunction.

    Justice Kado said the orders were necessary to avert a threat and constitutional breaches regarding the position of the CJN as the number one judicial officer of the country.

    When the case was called yesterday, plaintiff’s lawyer, James Igwe (SAN), told the court that some of the defendants have been served, including the CCT Chairman, who was said to have directed his Secretary to accept service on his behalf.

    Igwe however applied for the court’s permission to serve the CCT Chairman through substituted means, which the judge granted.

    The judge reminded parties that the orders made on January 14 still subsist and adjourned to January 30 for report of service.

  • Fashola must hear this!

    Sir: For almost three and half weeks, the entire Ayobo/Ipaja Local Council Development Area was thrown into total darkness by the Ikeja Electricity Distribution Company during which period night marauders and armed robbers operated freely, dispossessing innocent citizens of their valuables.

    Series of meetings were held between representatives of the company, the Community Development Council and the police to find an immediate solution to the problem.

    While the IKEDC officials apologized for disruption of power supply to the entire local government, it was warned to ensure that the principle of no consumption no payment must be strictly adhered to.

    Today, to the chagrin of the entire residents in the local council area, the February bills distributed by IKEDC officials as at March 15 do not reflect the principle of no consumption no payment.

    We call on the Honourable Minister of Power Housing and Works, Mr. Babatunde Raji Fashola (SAN) to immediately  intervene and call the authorities of the IKEDC to order and reverse the entire February bills sent to Ayobo Ipaja residents. Also the minister should direct IKEDC to commence the distribution and installation of pre-paid meters to the entire Local Council Development immediately.

     

    • Muyiwa Idowu,

    Ipaja, Lagos State

  • NYSC-DG must hear this!

    SIR: I decided to stay anonymous because the NYSC’s oath of allegiance does not allow corps members to grant interviews or make press statements. I believe NYSC officials are using that as a cover to extort corps members.

    The 2015 Batch A is coming to an end soon as they are on the last three weeks terminal leave. NYSC Lagos State has instructed and placed all outgoing corps members under compulsion to pay a N1000 for NYSC magazine. As if that is not enough, corps members are also under compulsion to pay an extra N500 for NYSC Foundation. Now, all corps members in the Local Government Areas in Lagos have been told to pay the money or risk the seizure of their NYSC certificate.

    At a period when we are trying to cleanse and rid this country of corruption, it is unfortunate that this is rearing its ugly head. Lagos State has since stopped the state allowance to corps members and to worsen things, it now extorts from the meagre N19,800 we get from the federal government. We may not have a voice because we are under oath, but I believe that our voice can still be heard, even if anonymously.

    This is a cry for help. Injury to one is injury to all. This is happening in my LGA in Ikeja and I believe and know that it is happening in other local governments too. Please save our soul.

     

    • Anonymous,

    Ikeja, Lagos.

  • Do you hear…or listen?

    It was their 2nd wedding anniversary and Ade wanted to give Tina a treat. Knowing her love for classical music, he bought a ticket for them to attend the Grand Orchestra’s special concert. At the concert, Tina was full of smiles and Ade was full of joy. He was not particularly a classical music fan, but he would do anything for his beloved. The music sounded good, though “sleepy”. After a while, Tina leaned over and whispered, “I love the sound of that clarinet” Ade was dumbfounded! “You mean you can hear the sound of a single instrument over all that noise…sorry, I mean music?” He asked. “Of course” she replied, “just listen”. Ade tried to listen and said, “Yea, yea, now I hear it. It has such a sweet sound”. He paused again to listen and said, “And don’t you love the sound of that conga drum?” Tina couldn’t help but laugh aloud, “Honey” she said, “this is classical music; there is no conga drum”. They both laughed.

    Hearing is a process through which our ears perceive sounds and send them to the brain for interpretation. If there is no hearing impairment, our ears will pick up sounds around us whether we like it or not. Our environments are never void of sounds; in fact, if you attempt to listen, you will be surprised how many those individual sounds are. Therefore, hearing is an effortless activity while listening is an activity that requires deliberate effort. According to Calvin Coolidge, the 30th President of the United States, “It takes a great man to be a good listener”. Listening is so engaging that Morgan Scot Peck, an American Psychiatrist and best-selling author, said “You cannot truly listen to anyone and do anything else at the same time”. Unfortunately, only few people listen as observed by Stephen R. Covey, author of The 7Habits of Highly Effective People, that “Most people do not listen with the intent to understand; they listen with the intent to reply”, which in itself has defeated the aim of listening.

    As a good public speaker, it is very important for you to know the difference between hearing and listening. Of course there are several differences but here are a few notable ones:

    • Hearing is external while listening is internal: With all due respect to professionals in the health sector, hearing is a physiological process while listening is a cognitive process. The part of us that responds to hearing is external while the one that makes listening possible is internal. This is why one can appear to be listening to a conversation while the mind is millions of miles away.
    • Hearing is a sense while listening is a skill: We know that we have five senses in the human body and one of them is the sense of hearing. Anything that is subjected to the senses produces reflex actions, that is, automatic instinctive unlearned reaction to stimuli. Without any impairment, everyone can hear any sound; of course the interpretation will be a different matter. On the other hand, to listen effectively, one must develop the skill. It doesn’t come natural to listen; actually, in my own opinion, it is more natural for the mind to wonder while one is appearing to be listening.
    • The more you hear, the less you listen: We agreed earlier that we are surrounded by host of sounds. Not all of those sounds are relevant to the information we need per time. Hence, sorting becomes necessary. Imagine trying to make a phone call next to a generator or a radio set at its highest volume. Though you can hear all the sounds, you need to try and block some out so that you can pay attention to the important one. Communication specialists mostly agree that noise is always present in the communication process and may interfere, if allowed. Have you ever tried to have a serious conversation with someone who seems to be distracted by everyone, every sound and everything around? That person is hearing more and listening less. If Morgan Peck is right that we cannot truly balance listening with doing other things, then we must make every effort to determine what we listen to.
    • Hearing involves less commitment than listening: A lot of people only pay vague attention when they are being spoken to. Sometimes when people don’t want to commit themselves to a task, they merely hear the instructions without listening, because they have already decided not to comply. When you find a teenager being reprimanded by an adult and he/she looks away or gives this look that says, “Will you please hurry up and let’s get this over with?”, he/she is merely hearing without listening. Some people are afraid to listen to someone who needs help because they believe they would have already committed themselves, merely by listening. There is no way you can listen without being involved.

    An unknown author said, “My wife says I never listen to her. At least I think that’s what she said”. I want you to candidly answer these questions: do you hear or do you listen? You can never be a good public speaker if you are not first a good listener.

  • Do you hear…or listen?

    It was their 2nd wedding anniversary and Ade wanted to give Tina a treat. Knowing her love for classical music, he bought a ticket for them to attend the Grand Orchestra’s special concert. At the concert, Tina was full of smiles and Ade was full of joy. He was not particularly a classical music fan, but he would do anything for his beloved. The music sounded good, though “sleepy”. After a while, Tina leaned over and whispered, “I love the sound of that clarinet” Ade was dumbfounded! “You mean you can hear the sound of a single instrument over all that noise…sorry, I mean music?” He asked. “Of course” she replied, “just listen”. Ade tried to listen and said, “Yea, yea, now I hear it. It has such a sweet sound”. He paused again to listen and said, “And don’t you love the sound of that conga drum?” Tina couldn’t help but laugh aloud, “Honey” she said, “this is classical music; there is no conga drum”. They both laughed.

    Hearing is a process through which our ears perceive sounds and send them to the brain for interpretation. If there is no hearing impairment, our ears will pick up sounds around us whether we like it or not. Our environments are never void of sounds; in fact, if you attempt to listen, you will be surprised how many those individual sounds are. Therefore, hearing is an effortless activity while listening is an activity that requires deliberate effort. According to Calvin Coolidge, the 30th President of the United States, “It takes a great man to be a good listener”. Listening is so engaging that Morgan Scot Peck, an American Psychiatrist and best-selling author, said “You cannot truly listen to anyone and do anything else at the same time”. Unfortunately, only few people listen as observed by Stephen R. Covey, author of The 7Habits of Highly Effective People, that “Most people do not listen with the intent to understand; they listen with the intent to reply”, which in itself has defeated the aim of listening.

    As a good public speaker, it is very important for you to know the difference between hearing and listening. Of course there are several differences but here are a few notable ones:

    • Hearing is external while listening is internal: With all due respect to professionals in the health sector, hearing is a physiological process while listening is a cognitive process. The part of us that responds to hearing is external while the one that makes listening possible is internal. This is why one can appear to be listening to a conversation while the mind is millions of miles away.
    • Hearing is a sense while listening is a skill: We know that we have five senses in the human body and one of them is the sense of hearing. Anything that is subjected to the senses produces reflex actions, that is, automatic instinctive unlearned reaction to stimuli. Without any impairment, everyone can hear any sound; of course the interpretation will be a different matter. On the other hand, to listen effectively, one must develop the skill. It doesn’t come natural to listen; actually, in my own opinion, it is more natural for the mind to wonder while one is appearing to be listening.
    • The more you hear, the less you listen: We agreed earlier that we are surrounded by host of sounds. Not all of those sounds are relevant to the information we need per time. Hence, sorting becomes necessary. Imagine trying to make a phone call next to a generator or a radio set at its highest volume. Though you can hear all the sounds, you need to try and block some out so that you can pay attention to the important one. Communication specialists mostly agree that noise is always present in the communication process and may interfere, if allowed. Have you ever tried to have a serious conversation with someone who seems to be distracted by everyone, every sound and everything around? That person is hearing more and listening less. If Morgan Peck is right that we cannot truly balance listening with doing other things, then we must make every effort to determine what we listen to.
    • Hearing involves less commitment than listening: A lot of people only pay vague attention when they are being spoken to. Sometimes when people don’t want to commit themselves to a task, they merely hear the instructions without listening, because they have already decided not to comply. When you find a teenager being reprimanded by an adult and he/she looks away or gives this look that says, “Will you please hurry up and let’s get this over with?”, he/she is merely hearing without listening. Some people are afraid to listen to someone who needs help because they believe they would have already committed themselves, merely by listening. There is no way you can listen without being involved.

    An unknown author said, “My wife says I never listen to her. At least I think that’s what she said”. I want you to candidly answer these questions: do you hear or do you listen? You can never be a good public speaker if you are not first a good listener.

  • Dickson, hear Miss Oyintarila‘s prayer

    Her story is pathetic. It is difficult to read it and not pity her. It reads like this: Miss Ekade Oyintarila, as a youth corps member, participated in the voter registration exercise and had an accident. She is now confined in a small room at Akenfa, a suburb in Yenagoa, Bayelsa State capital. The 27-year-old graduate of Economics from the Niger Delta University (NDU), in the last cover report of Niger Delta Report said: “Sometimes, I even get tempted to commit suicide because of the situation I found myself. I have tried suicide not once. When I became a graduate, I felt I had achieved one of my dreams in life. I got my NYSC letter and went to camp and came out . What I wanted to do after my youth service was to get a good job, be useful to the society, my family and myself.

    “I had an accident. On the last day of the preview, we submitted all our computers, tools they (INEC) gave to us and also collected our allowances. Actually, I was on the way to collect the allowances when I had the accident.

    “I later discovered myself in an ambulance. I asked the man with me what happened. He told me it was an accident. He asked me of my people’s address. It was only my father’s phone number that I could remember off by heart then.

    “He called my dad immediately and I spoke to him. My father asked me not to worry, that I was going to be okay. That was the last thing I remembered. I went back into a coma.

    “I was at the recovery ward, the former President of INC was even in the same ward with me and some government officials were coming to see him. I tried to get their attention –to let them know what was happening to me and that I needed help-nobody was willing to help.”

    She wrote Governor Seriake Dickson. The governor received the letter and sent acknowledgement dated August 15, last year and signed by the Chief of Staff, Mrs. Dido Waltson-Jack, to the family of Ekande. Dickson further sent his Commissioner for Health, Dr. Anapurere Awoli to visit Oyintarila and assess her condition. The commissioner visited the family and rekindled the hope of the victim. But several months gone by, Oyintarila’s hope has been hanging.

    The commissioner said he forwarded a memo of his recommendations on the victim’s condition to the governor on August 21, last year.

    A November 12, last year letter by Miss Oyintarila thanked the governor for sending his commissioner to her. She reminded the governor that the file of her case had been sent to his table.

    She begged: “His Excellency, l now have a renewed hope that l can walk again as my file is on your table for approval. I am a hard-working girl. I was serving my nation Nigeria on INEC assignment as a corps member when l had an accident.

    “But NYSC and INEC abandoned me at my critical time in hospital and now. Most of my colleagues are all working now but l am still on crutches. Please, sir, help me so that l can go for the final surgery in India to enable me walk and work and contribute my services to the Restoration Agenda.”

    What more is there to say? Dickson seems to hold the key to Miss Oyintarila walking again. Please make her walk, your Excellency.

  • Court to hear Rivers Majority Leader ’s suit today

    Court to hear Rivers Majority Leader ’s suit today

    High court sitting in Port Harcourt, the Rivers State capital will today hear the suit by the Majority Leader of the House of Assembly, Chidi Lloyd, to restrain the police from inviting and arresting him.

    Inspector-General of Police (IGP) Mohammed Abubakar on July 17 invited him and two others to the Force Headquarter in Abuja for interrogation over the July 9 free-for-all at the Assembly.

    The representative of Emuoha constituency approached the court last Friday for an order of interim injunction to enforce his fundamental human rights.

    Justice Esor Teetito declined but ordered that the parties should be put on notice before adjourning the matter for hearing.

    Lloyd with his lawyer, Beleolisa Nwaofor (SAN), reported to the IGP for interrogation on Tuesday and was detained.

    Nwafor said his client was being unlawfully detained, accusing the IGP of infringing on the fundamental right of his client, and challenged him to charge him to court if he has any charge against him.

    At the hearing yesterday, the appellant’s counsel informed the court that lawyer for the State Security Services (SSS), one of the defendants, Emmanuel Ukala (SAN), served on him the response on the motion on notice about 30 minutes before the sitting started and he would require time to go through and respond.

    He expressed the readiness to move his motion for the interim order. Counsel for the Police Donald Denwigwe (SAN) and Ukala raised objections, saying that it was impromptu and should be shifted till next week.

    The court refused hearing on the motion immediately, insisting that the application on notice should be heard first.

    He adjourned till 1pm today, for hearing on the motions; and ordered that the applicant should file and serve the defence parties before 11:30am today.

    He said: “Considering the nature of the application which has to do with the fundamental rights of the applicant, I will adjourn this matter till tomorrow (today), by 1pm for hearing. The applicant should file and serve his process on the parties before 11:30am tomorrow (today).”

    Speaking to reporters after the sitting, Nwaofor said: “Chidi Lloyd is a Nigerian like every one of us. We have fundamental rights, which even an armed robber is entitled to. One of those rights is that if you are arrested, you must have to be taken to court within one day, where there is a court within 40 kilometres radius. Chidi Lloyd went on his own to the IGP; he was not forcefully taken there.

    “He went there to say ‘I am not on the run; here I am. I went to court to enforce my fundamental rights and he was detained since Tuesday. He has been kept there.It is not right in a country where we are trying to enthrone democracy and rule of law, governed by our constitution.”

  • Conduct tribunal to hear Useni’s motion June 25

    Conduct tribunal to hear Useni’s motion June 25

    The failure by the Code of Conduct Tribunal to form a quorum yesterday stalled hearing in the case against former Federal Capital Territory (FCT) Minister, Lt.-Gen. Jeremiah Timbut Useni.

    Tribunal Chairman Danladi Yakubu Umar regretted the tribunal’s inability to form a quorum.

    He explained that the two other members of the tribunal were unavoidably absent and pleaded with all present to bear with the tribunal. He adjourned till June 25.

    Useni is being tried on a five-count charge brought against him by the Federal Government.

    He is charged with the alleged failure to declare his assets on assuming office and on completion of his tenure; running private businesses while in office; abuse of office by allegedly allocating land to himself and companies in which he has interest, among others.

    The tribunal was to hear Useni’s motion challenging government’s seizure of five of his choice property in Abuja and Port Harcourt.

    It is his contention that the property, seized under the administration of President Olusegun Obasanjo, were not taken over on the order of a competent court.

    He is praying the tribunal to order that documents relating to the property be retrieved from the government and held by the tribunal pending the completion of his trial. The property include plot 3348 Cadastral Zone A5 (held in the name of Tim-Tali Shipping an Marine Services); plot 3346 Cadastral Zone 6 (held in the name of Messrs Tim-Tali Motel Nigeria Limited); plot 2233 Cadastral Zone 2 (Julnan Enterprises Nigeria Limited); plot 1881 Cadastral Zone 4, Asokoro (Jebut Business Enterprises) and plot 99C, Olumeni Street, Old GRA, Port Harcourt, Rivers State.

    In a supporting affidavit, Useni averred that the property were seized by the then National Security Adviser (NSA) and the Attorney-General of the Federation before a formal charge was filed against him.

  • Appeal Court to hear Ondo ACN’s suit June 25

    Appeal Court to hear Ondo ACN’s suit June 25

    The Court of Appeal sitting in Akure will on Tuesday hear the suit filed by the Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election in Ondo State, Mr. Oluwarotimi Akeredolu (SAN).

    ACN and Akeredolu are challenging the judgment of the Governorship Election Petition Tribunal, which declared Dr. Olusegun Mimiko winner of the election.

    Their counsel, Mr. Titiloye Charles, said he received a notice that the case would be heard on Tuesday.

    The appellants said the tribunal “caused a miscarriage of justice” when it rejected their expert’s evidence, which it admitted earlier.

    They said the tribunal did not properly evaluate the evidence of their 41 witnesses, which were not challenged by the respondents.

    The appellants said even though their evidence of irregularities and non-accreditation of voters were corroborated on cross-examination by Mimiko’s 14 witnesses, the tribunal ruled that it lacked sufficient evidence to cancel the election.

    They said despite proof of illegal injection of names into the 2012 voters’ register, the panel refused to void the “compromised register” on the grounds that it lacked jurisdiction to adjudicate on the matter.

    They said “Section 131(5) of the Electoral Act”, which the tribunal relied upon to decline jurisdiction, does not exist.

    The appellants alleged that the judgment was full of inconsistencies, saying in one part, the tribunal ruled that the 118 documentary evidence tendered by ACN were demonstrated before the tribunal, and in another part, it ruled that they were not demonstrated but dumped on the tribunal, thus appropriating and reprobating its judgment.

    They said what was in contention was irregularity and non-compliance with the Electoral Act, not the allegation of crime as ruled by the tribunal.

    The appellants urged the Court of Appeal to order a fresh election, since the respondents failed to defend the allegations of corrupt practices and non-compliance with the Electoral Act.

    The first respondent (Mimiko) is challenging the Court of Appeal’s jurisdiction to hear the ACN’s appeal.

    He said some grounds of the appeal were argumentative, repetitive and without particulars.

    Mimiko is praying the Court of Appeal to strike out the ACN’s appeal. The Labour Party (LP) and the Independent National Electoral Commission (INEC), who are co-respondents, have filed their briefs.

    All the briefs of argument have been fixed for adoption on Tuesday.

    The 60-day duration the Court of Appeal has to decide on the appeal and give its judgment will lapse on July 1.