A Federal High Court sitting in Abuja will, tomorrow, hear a suit filed by former Adamawa State Deputy Governor Bala Ngilari.
Ngilari is urging the court to declare him governor, saying he should legitimately succeed impeached Governor Murtala Nyako.
After hearing arguments from parties last Friday, Justice Adeniyi Ademola said he would hear all pending applications, including the substantive suit, tomorrow.
The National Human Rights Commission (NHRC) said yesterday it will inaugurate a Panel of Enquiry to conduct a hearing on allegations of state-sponsored killings, from 1995 till date.
The panel is also to enquire into allegations in ex-President Olusegun Obasanjo’s letter to President Goodluck Jonathan.
NHRC this year, upon a request by the President, said it would conduct hearing on allegations in the letter.
In February, NHRC invited memoranda from the public.
Ex-President Obasanjo , in his December 2, 2013 letter: “Before it is too late,” accused the President, among others, of training a killer squad.
The President, following the interest generated, requested the commission to investigate the issue.
NHRC’s Executive Secretary Prof. Bem Angwe said memoranda should be submitted on or before September 2.
He said “the public inquiry will be thorough and fair to all.”
Disagreement between lawyers again stalled hearing in the suit by Lagos State Governor Babatunde Fashola over the leadership crisis in Nigeria Governors’ Forum (NGF).
A similar incident occurred on June 25 when four lawyers disagreed on who should represent Governor Jonah Jang of Plateau State and the registered trustees of the NGF. Thedevelopment forced the judge to order the disputing lawyers to resolve their dispute before the next date.
The lawyers were expected to have put their differences behind them, but Awa Kalu (SAN) and F. N. Nwosu disagreed yesterday on who should stand in for the NGF’s registered trustees.
Tayo Oyetibo (SAN) and Paul Erokoro (SAN) have since resolved their disagreement over the representation of Jang and Osaro Onaiwu (the Sole Administrator appointed by Jang for his faction.
Oyetibo now represents Jang. Erokoro is for Onaiwu.
Fashola is seeking among others, an order restraining Jang from parading himself as NGF Chairman, on the ground that Amaechi won the election.
He is also calling for an order restraining Osaro Onaiwu from acting as the forum’s Sole Administrator.
Named as defendants include Jang, Asishana Bayo Okauru (forum’s Director General), Onaiwu and the forum’s registered trustees.
At the call of the case yesterday, Prof Yemi Osinbajo (SAN), accompanied by Femi Falana (SAN) announced appearance for the plaintiff. Oyetibo took charge for Jang and Erokoro stood in for Onaiwu.
Confusion, however set in when Kalu announced his appearance for Okauru and the registered trustees, with Nwosu also insisting that he was in charge.
The development prompted the court to inquire from the lawyers why they could not resolve their differences between the last date and yesterday.
Each lawyer tried to justify his position.
Kalu told the court that he had unsuccessfully invited Nwosu to a meeting to explore ways of resolving the issue of double representation.
“We met on two occasions, but unfortunately, our meetings were unproductive, leading to the situation we have today – duplication of appearance for a party.
“Having failed to resolve this on our own, the court should resolve it for us. In such a situation, I invite the court to resolve this matter”Kalu said.
He argued that he filed a memorandum of appearance for the registered trustees before Nwosu, having done so on June 12, 2013. He said the implication was that his memorandum raises the presumption of appearance for both Okauru and the trustees.
He cited the Court of Appeal decision in the case of FRN v Abiola (1997) and claimed that no lawyer will announce appearance without having been properly instructed, and that if there is need for change of such instruction, the proper procedure must be followed.
“And until I withdraw my representation, which I have not done, I cannot be blown aside by an ill-wind. If the court rules that the first memorandum is valid, then there will be no duplication of appearance”, he said.
Justice Suleiman Belgore of the Abuja High Court, Apo has fixed June 10 for definite hearing in a suit seeking to sack some members of the National Working Committee (NWC) of the Peoples Democratic Party (PDP).
The judge chose the date yesterday after it became obvious that parties were yet to file the processes.
They are to file and exchange the preliminary processes before the next date to enable the court consider them along with the originating summons.
The suit was instituted by three aggrieved members of the party – Abba K. Yake, Yahaya Aruwa Sule and Bashir Maidugu. The plaintiffs are challenging the election of 17 members of the party’s NWC.
It is the plaintiffs’ core contention that the emergence of the defendants as officers of the party is a nullity on the grounds that certain provisions of the constitution of the PDP (first defendant) were breached.
The plaintiffs averred, in a supporting affidavit, that the defendants’ continuous holding of office as national officers of the PDP will “jeopardise the workings and or activities of the first defendant, including the conduct of future nomination or election of candidates into public offices.”
The affected NWC members include: Sam Sam Jaja (Deputy National Chairman), Solomon Onwe (Deputy National Secretary), Bala Ka’Oje (National Treasurer), Chief Bode Mustapha (National Auditor), Umar Tsauri (Deputy National Auditor) and Olisa Metuh (National Publicity Secretary).
Others are: Dr. (Mrs.) Kema Chikwe (Women Leader), Victor Kwon (National Legal Adviser) and Anunakar Mustapha (National Organising Secretary).
The plaintiffs argued that “the INEC Monitoring Team”, which monitored the contentious March 24, 2012 National Convention, “observed and reported that the mode of election adopted for single candidates was not in accordance with the mode of election stipulated in paragraph 6.0 (ii) of page 17 of the Guidelines for the conduct of year 2012 convention and therefore unacceptable to the commission.”
They said the “PDP arbitrarily caused the return of some of the named NWC members into each of their various national offices.
The plaintiffs argued that as a result of the actions of the first defendant (PDP), the first and second plaintiffs were denied the opportunity to elect candidates of their choice. They prayed the court to determine among others, whether the purported appointment or selection by affirmation and continuous appointment of some of the defendants is a nullity by virtue of the provisions of Articles 2 and 85 of the Constitution of the PDP 2009 (as amended).”
The plaintiffs want “an order nullifying the selection, affirmation and or appointment of the second- 18th defendants as national officers of the first defendant.
“An order compelling the first defendant to conduct fresh elections into the national offices held by the second-18th defendants.”
The defendants, in their objection, prayed the court to strike out the suit on the basis that the plaintiffs lack the locus standi to file the action, more so that “they did not exhibit their membership card.”
A magistrate’s Court sitting in Iyaganku, Ibadan, the Oyo State capital, yesterday fixed April 10 for the hearing of a suit filed by gospel singer Evangelist Funmi Aragbaye.
Aragbaye accused Olubunmi Bankole, the daughter of a prominent Ibadan businesswoman, popularly called Mama Ke, of threatening her life through text messages.
She alleged that between January 10 and 16, this year, Bankole sent her a message from an MTN line threatening her life.
Aragbaye alleged that on January 28, Bankole sent her another message from a Glo line threatening her life.
Bankole was arraigned on February 7 and was granted N200,000 bail with two sureties, one of whom must be a blood relation with three years’ tax clearance.
The Ondo State Governorship Election Petition Tribunal has started hearing the petition of the Peoples Democratic Party (PDP) and its candidate in the October 20, last year, election, Chief Olusola Oke.
Yesterday, PDP and Oke presented some of their witnesses at the tribunal.
The witnesses had earlier submitted their statements on oath to the tribunal.
One of them, Mr. Abayomi Oguntimehin, said there was disorderliness in the polling unit where he voted.
Oguntimehin said there was no queue at the unit and people voted without accreditation.
Mr. Kunle Joseph from Igbara Oke, Ifedore Local Government, said there was no accreditation at his polling unit.
Speaking with reporters after the court session, Oke said he was satisfied with the testimonies of his witnesses.
He said he would present the facts of alleged irregularities during the election, adding that he was at the tribunal to get justice.
The former PDP National Legal Adviser said he is challenging the result of the election in 15 local governments.
The Action Congress of Nigeria (ACN) and its candidate, Mr. Rotimi Akeredolu (SAN), closed their case on Tuesday. They insisted that the election was “rigged” in favour of the Labour Party (LP).
Human rights activist and lawyer Femi Falana (SAN) will today lead civil society groups to the public hearing of the House of Representatives on the murder of the Private Secretary to Governor Adams Oshiomhole, Olaitan Oyerinde.
Oyerinde was murdered at his Benin City home on May 4, last year.
The public hearing is sequel to a petition by the Conference of Non Government Organisation of Nigeria (CONGOS).
Falana is the legal counsel of the civil society groups.
The President of Trade Union Congress (TUC), Peter Esele, will lead some union leaders to the hearing.
The TUC, at its NEC meeting in Benin City last weekend, called for a probe into the murder and frowned at the role played by the police in the investigation.
Executive Director of African Network for Environment and Economic Justice David Ugolor confirmed Falana’s and Esele’s attendance.
Ugolor, who was arrested and detained for 48 days for alleged implication in the murder, challenged the police to produce the video clips of his parade identification and the cross examination of the suspect, Garuba Maisamari, who identified him.
He alleged that investigation by him revealed that the police tortured and shot Maisamari and Moses Okoro three times before they implicated him in the murder.
Ugolor said: “I challenge the police to produce the video clips of my parade and cross examination of Maisamari.
“All the suspects are alive in Oko Prison to confirm my statement. I urge the Public Hearing to visit the Oko Prison to meet with the suspects to ascertain the truth of my revelation.”
Blade Runner Oscar Pistorius, the South African double amputee who became one of the biggest names in world athletics, arrived in court on Tuesday. He is to apply for bail after being charged with murder of his girlfriend.
The arrest of the 26-year-old Olympic and Paralympic sprinter stunned millions across the world who held him up as a hero for triumphing over adversity to compete with able-bodied athletes at the highest level of sport.
His girlfriend, model Reeva Steenkamp, was found shot dead in his Pretoria home in the early hours of Thursday, with initial reports suggesting Pistorius may have mistaken her for an intruder. However, police said Steenkamp, who was buried on Tuesday, was killed by more than one gunshot and that Pistorius was the only suspect.
The police also said that neighbours had earlier heard disturbances in the home. They said a 9 mm pistol was recovered at the house, where there was no sign of a break in.
Since the arrest, South African newspapers have published lurid, unconfirmed details of the killing. If true, they are likely to undermine any potential argument of self-defence, experts say.
His agent said Pistorius, who faces life in prison if found guilty, disputes the murder charge “in the strongest possible terms’’.
Prosecutors were expected to oppose any request for bail at Tuesday’s hearing, suggesting they will have to present to the court the full version of the shooting as laid out in the charge sheet. Pistorius arrived at the court in a police car shortly before 0500 GMT.
Proceedings were due to start at 0900 GMT, but there were chaotic scenes as more than 100 journalists jostled to get to the courtroom with attendant delay in the resumption of the hearing. The case has also put a harsh spotlight on the violence against women endemic in South Africa, which is still reeling from the gang-rape, mutilation and murder of a 17-year-old near Cape Town this month.
Members of the Women’s League of the ruling African National Congress protested outside the building, waving placards saying: “No Bail for Pistorius’’.
At his bail hearing on Friday, the athlete broke down in tears when the charges were read and prosecutors said they believed the killing was premeditated. The hearing was adjourned after 40 minutes and Pistorius was taken back to the Pretoria police station where he has been held since.
A statement from his family at the weekend said he was “numb’’ with shock and grief.
The Economic and Financial Crimes Commission (EFCC) yesterday arraigned the Chairman of Bi-Courtney Ltd, Dr. Olawale Babalakin (SAN) and four others before a Lagos High Court in Ikeja for allegedly conspiring and laundering N4.7 billion for the former Delta State Governor, James Ibori.
Justice Adeniyi Onigbanjo granted Babalakin and the second defendant, Mr. Alex Okoh, bail on self-recognition
Babalakin was arraigned with his company, Bi-Courtney Ltd, the fourth defendant.
The other defendants are Stabilini Visioni Ltd and Renix Nigeria Ltd.
They are facing a 27-count on conspiracy to commit felony to wit: corruptly conferring benefit on account of public action contrary to Section 98A (1)(a) of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003; corruptly conferring benefit on account of public action contrary to Section 516 of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003; and retention of the proceeds of a criminal conduct contrary to Section 17(a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
The offence is said to have been committed between May and December, 2006.
Babalakin and Okoh pleaded not guilty to the charges.
After the plea of the defendants had been taken, counsel to Babalakin, Mr. Wale Akoni (SAN), who led 10 other lawyers, told the court that they had some pending applications before the court for various prayers.
Akoni, urging the court to strike out an application dated January 17, prayed the court to consider their application dated November 29, 2012 and grant his client bail pending the determination of the substantive suit.
He said the bail application was supported by a 14-paragraph affidavit deposed to by Dr. Abiodun Layonu and a written address.
Akoni asked the court to consider Paragraph 3(1)(i-ix) of the affidavit in support of the application and prayed the court to grant Babalakin bail on self-recognition.
He urged the court to consider that the first defendant is a Senior Advocate of Nigeria (SAN), a member of the Body of Benchers, Pro-Chancellor, University of Maiduguri and Chairman of Pro-Chancellors of Nigerian Universities, among others.
He assured the court that the defendant would not jump bail, stressing that he voluntarily came to court.
Mr. Tayo Oyetibo (SAN), counsel to the second defendant, leading six other lawyers, also prayed the court to grant Okoh bail on self-recognition.
Oyetibo, who also said they had a pending application before the court, drew attention to the seventh paragraph of the application.
He said Okoh is a former managing director and financial counsellor to leading banks and financial institutions.
The lawyer said Okoh had been making himself available in court since the matter began and was prepared for trial to clear his name.
Counsel to the fifth defendant, Mr. Oladapo Akinosun, while not against the bail request of the first and second defendants, told the court that they have not received any process and could file no counter motion on the matter.
Counsels to the third and fourth defendants Mr. R.A. Lawal-Rabana and Dr. Joseph Nwobike, did not oppose the requests of other lawyers for bail.
The prosecutor, Mr. Rotimi Jacobs, did not oppose bail, but asked the court to give conditions that would ensure their appearance in court on the adjourned dates.
Justice Onigbanjo gave the defendants and the prosecution 14 days to serve papers, including processes, interlocutory injunctions, counter motions and affidavits in support of their motions.
He adjourned the matter till February 25 for hearing of the interlocutory injunctions.
Dr. Babalakin was driven into the court premises at 10am in a black ML Mercedez Benz Sport Utility Vehicle (SUV).
He was dressed in a navy blue stripped suit and a white shirt with a wine colour stripped tie and black shoes.
Babalakin headed for Justice Onigbanjo’s court, sat near the dock and conferred with his lawyers.
He was cool throughout the almost two hours that the trial lasted and betrayed no emotion.
The court was filled up. Babalakin’s relations, friends, associates and Bi-Courtney workers were around to show solidarity.
He left the court in the same vehicle that brought him about 12.25 pm.
The Trade Union Congress of Nigeria (TUC) rose from its National Executive Council (NEC) meeting at the weekend in Lagos, seeking public hearing for the National Health Insurance Bill.
The meeting chaired by the Congress President, Comrade Peter Esele, frowned at the National Health Bill, which it claimed, does not accommodate the interest of many Nigerians. It, therefore, demanded an invitation to a Public Hearing for TUC’s input in “making the Bill a better gift to Nigerians.”
In a six-point communique signed by Esele and Acting Secretary-General, Musa Lawal, the NEC also frowned at the growing rate of kidnapping, bombings and robberies on banks, general workers and citizens and called on the government to intensify its effort in arresting the menace.
On infrastructure development, TUC condemned the continued deterioration of roads despite the huge funds being expended them, and called on the government to improve on them.
On power, the meeting commended the Federal Government on the negotiation with the Power Holding Company of Nigeria (PHCN). The body implores the Federal Government to implement fully the terms of the Agreement and deliver to the citizenry the promise of 24-hour uninterrupted electricity power supply to the nation.
The association endorsed the industrial action in Plateau in the struggle for workers emancipation due to the non-compliance with minimum wage Act.
But it condemned “the religious colouration being introduced by some religious bodies in the investigation being carried out by the military in the bombing of the military barracks in jaji by suspected fundamentalists.
“The military should be allowed to carry out both its internal and external statutory investigations so that the issues can be properly addressed in the collective interest of Nigerians,” he asid.
The NEC okayed the retirement of its Secretary-General, Comrade John Kolawole. He has been replaced by Mr Lawal, the Deputy Secretary General.