The Nation Newspaper

Tag: obey

  • DSS should obey

    •El-Zakzaky deserves to be tried in good health

    He welcome the judgment of the Kaduna State High Court which granted the leader of the Islamic Movement of Nigeria (IMN), Sheik El-Zakzaky and wife, Zeenat, a reprieve to seek medical attention in India. El-Zakzaky, who is the leader of Shiites in Nigeria, and his wife have been in detention since 2015 despite a Federal High Court order granting them bail, on terms. While the Federal Government filed an appeal against that bail, the Kaduna State government is also prosecuting him and his wife for various offences.

    Following an application filed on behalf of the couple by their lawyer, Femi Falana, the state high court granted them the permission to travel to India for medical attention. Unlike in previous instances, the Department of State Services (DSS) has indicated its willingness to obey the order of the Kaduna State High Court. We hope it will not be persuaded by other considerations to change its mind. After all, the DSS refused to obey the earlier order granting bail to the IMN leader.

    On its part, the Kaduna State government has indicated its intention to appeal the decision of the high court of the state. The appeal was however yet to be filed as at yesterday. While we concede the right to appeal to the state, we think there is no moral justification for such step. We wonder what the state government intends to achieve by filing an appeal against a conditional approval by a court for citizens to seek medical attention.

    Of course, we know that the crisis arising from his continued detention is not enough reason to free him if the court holds otherwise, but in this instance, the court believed his lawyer’s submission that he needs urgent medical attention and has granted him the permission to travel. So, what does the state government stand to gain, when the court granted him permission on condition that he returns to face his trial? We think Kaduna State government is acting unreasonably, everything considered.

    The only reservation we have about the court order is that it affirms the comatose state of our nation’s medical infrastructure. To the shame of our country, it has become normal for public figures to travel abroad for the basest of ailments. Worse still, politically exposed persons standing trial for stealing humongous resources from our common treasury are allowed by courts to travel abroad for medical attention, while the ordinary Nigerians are left to grapple with the decayed medical facilities, which the stealing has made endemic.

    So, if those who have allegedly stolen from our common patrimony could be granted unconditional leave to travel abroad for medical attention, what excuse will justify incarcerating El-Zakzaky and his wife, and denying them a chance to live, however offensive their religious practices are alleged to be. As we argued on this page recently, the continued detention of El-Zakzaky has morphed from a mere legal issue to a political and cultural ferment. Any effort to reduce the continued detention to a mere legal tussle is an effort in futility.

    If the detention is a mere matter of law, the Federal Government would have since released him, after the order of the Federal High Court. Indeed, if that order had been obeyed, perhaps he would not be in need of urgent medical attention abroad. If the argument of El-Zakzaky’s lawyers are true, it is the actions of government that have put the man’s health in jeopardy. So, the government of Kaduna State must exercise restraint on this matter in the overall interest of all Nigerians who suffered the brunt of the crisis.

  • Obey NHRC’s order

    • The police must produce citizen Biodun Olaroye detained since 2017

    The National Human Rights Commission (NHRC ) panel holding its final sitting in Abuja over the operations of the dreaded and discredited Special Anti-Robbery Squad (SARS) has demanded that the police produce, on the next adjourned date, January 21, 39-year-old Biodun Olaroye, a father of one who has been held since 2017.

    SARS is a branch of the Nigeria Police Force Criminal Investigation and Intelligence Department (FCIID). It was at inception charged with dealing with armed robbery, car snatching, kidnapping, cattle rustling and firearms-associated crimes. The officers were permitted to carry guns but they neither wore uniforms nor badges.

    The recruitment process probably did not take any structured system and training. So, from inception, it seemed there were structural flaws that influenced the operation of the SARS unit. The unit seemingly unleashed mayhem on the populace, arresting people at random, extorting money, torturing victims, intimidating people and generally unleashing terror on the population, especially young men who they often accused of random crimes and punished extra-judicially.

    Even though the people seemingly tried to absorb some of the ill-treatments from SARS operatives, the intervention by Amnesty International (AI) in 2016 opened the Pandora’s box literally. AI reported to the world the atrocities the unit had been committing. This buoyed the social media users to deploy the medium to advocate for the scrapping of the unit. It was the power of the media that eventually forced the government to set up this NHRC panel to review its operations. The panel has been overwhelmed by the number of petitions from victims and their families.

    So, Biodun Olaroye’s detention since 2017 is a mere metaphor for all the victims of the unit of a police force that is paid by the tax payers to serve and protect them. It tastes very sour in the mouth that the Nigerian police or any of its units would inflict so much pain on the people.

    The family of Olaroye met brick walls trying to gain access to him and had reported hostility from the investigating officer in charge of the case. This is a very common complaint of most victims of the SARS brutality that has gone on for years.

    We believe that fighting crime in the country is key to socio-economic and political stability.  However, the aberrations that the people have been crying out against point to a systemic negligence of sort. How well was the SARS unit structured? What kind of training did the staff receive? Being armed and without uniform empowered the officers to excesses and encouraged corruption.

    The kind of atrocities being reported and about which petitions had been written to the panel point to the negligence from the Nigeria Police Force as a parent body. What sort of intelligence did the unit operate with that could not be done under strict rule of law? Why did it take AI and social media and street protests to make the government react? What restitutions would be made to the thousands of victims whose rights have been infringed upon?

    The Nigerian police is one of the least trusted institutions in Nigeria, and the SARS scandal now looks like the final nail on the coffin. The anger in the land against the operations of SARS might implode, especially in a very critical time like the elections in less than a month. Mercifully, however, the acting Inspector-General of Police, Mohammed Adamu, has moved to prevent that by scrapping the FSARS. We urge the force to be more proactive.

    We equally urge the NHRC to pull out all the stops in this investigation and to push further to see that its recommendations are strictly implemented. Human rights must be sacred even as government institutions carry out their constitutional duties. We equally hope that Mr. Olaroye and his case file would be produced by the police on the said date. This should also empower other victims to take up their cases with the police. The police must equally learn to act within the laws of the land to avoid anarchy in a land already bursting at the seams with cases of insecurity.

  • ‘Obey town planning laws or face sanctions’

    LAGOS State Ministry of Physical Planning and Urban Development  Commissioner Rotimi Ogunleye has charged residents to  obey town planning laws.

    He spoke at a stakeholders’ meeting organised by the Lagos State Physical Planning Permit Authourity (LASPPPA) for Amuwo-Odofin Local Government and Oriade Local Council Development Areas.

    He urged Lagos residents to obtain building permits to enable them have safe properties, adding that this could also serve as a collateral for loans.

    Ogunleye explained that building with permits would ensure that the city is planned, and tourism-friendly.

    The Special   Adviser to the Governor on Urban Development, Mrs. Yetunde  Onabule, reiterated that planning was essential to developing a smart city.

    She advised residents to inform the government of any violations  to avert building collapse.

    The ministry’s Permanent Secretary, Mrs. Boladele Dapo-Thomas,   thanked the people for supporting the Akinwunmi Ambode-led administration, urging them to keep on supporting the government to do more projects.

    LASPPPA General Manager Mr. Funmi Osifuye, a town planner, explained that creating functional communities requireds adhering to the “Operative Development Plan” for the areas.

    He said the development plan for Amuwo-Odofin LGA and the Oriade LCDA was the Badagry Masterplan covering 2012 -2032.

    Osifuye, however, said the government was aware of the various factors affecting the approval of planning permits for developers, such as land title on federal and state acquisitions, illegal conversions, and illegal development.

    He said the government had  made   provisions to encourage compliance with building plan laws through continuous public sensitisation. Besides, he said the process had been  made easy for the public.

    Osifuye said there was a provision for the electronic submission of applications via the ministry’s website, payment/validation of processing fees, email notifications, status and dashboards for electronic stage-tracking of applications and provisional planning permit.

    Osifuye warned that the state’s policy on regularisation for applicants who had illegally converted their buildings to other uses still subsists, adding that there is a moratorium of six months from this month to August, for developers and property owners who had either started construction or built without obtaining the requisite planning permit.

    He urged Lagosians to seize the opportunity for voluntary compliance with the rules to avoid penalty.

     

  • Magu: NBA chief urges Fed Govt to obey court decision

    Magu: NBA chief urges Fed Govt to obey court decision

    Nigerian Bar Association (NBA) Second Vice President Monday Ubani has urged the Federal Government to obey the judgement of a Federal High Court, Abuja which held that the Senate acted within the law when it rejected the nomination of Ibrahim Magu as the Economic and Financial Crimes Commission (EFCC) chairman.

    Justice John Tsho, delivering judgment on a suit filed by a lawyer Oluwatosin Ajaomo, held that Magu’s appointment was incomplete without Senate confirmation.

    He held that the Senate was empowered to confirm or reject any appointee to the office of the chairman of the EFCC by the president.

    Ubani said unless the executive has  secured a contrary judgement from the appellate courts, “it is not a good name for any arm of government to be known for disobeying court orders and judgements”.

    He argued that for now, the position of the  law is that the  chairman of efcc must be confirmed by the Senate.

    “The executive is advised to do the needful to avoid being branded as not respecting the rule of law and obeying the Judgement of the Court of the land,” he said.

    According to him, “we must understand and appreciate the role of the judiciary in democracy. The most important role actually is to interpret the law where there is any cloud of misunderstanding surrounding the intention of the law makers  involving  two warring or contending parties.

    “In the case under analysis, the executive and the legislature seem to have a bit of interpretation problem as to the confirmation of the position of the Chairman of EFCC by the Senate.

    “While the Senate believes that the Chairman of EFCC should be confirmed by the Senate in accordance with the EFCC Act, the executive thinks otherwise citing a favourable part of the section of the 1999 constitution as amended that created a leeway for the executive to avoid seeking such confirmation of that position by the Senate.

    “Such misunderstanding has created political logjam for both arms of government to the extent that other persons that ordinarily should have been confirmed by the Senate have been put in abeyance for some months now thereby creating political crisis for the government at the centre. Reason prevailed and the matter was submitted to the judiciary for adjudication which has held that the Senate should actually confirm the position of the Chairman of the security agency.

    “The position, therefore, is that the law of the land with regards to confirmation of the chairman of EFCC is that the Senate must be involved in the confirmation of the position of the Chairman of that body as prescribed by the Act creating it notwithstanding the provisions of the constitution which was enacted earlier than the EFCC Act. It may well have been that the constitution never contemplated the provisions of the EFCC Act that makes such confirmation compulsory,” he stated.

    Ubani however said that despite that Justice Tsho said the plaintiff has no locus to institute the suit, the court still treated all the questions that were addressed to it on its merit and ruled on all the questions that were addressed to it.

    He noted  the federal government’s position to the effect that there is a provision in the constitution where it was stated that the EFCC is not one of the agencies that the Senate would confirm its chairman. But experienced practitioners and many others were saying that the EFCC Act came after the enactment of the constitution.

    He said: “If the EFCC Act makes provision that before the chairman of the EFCC must act, he must be confirmed by the  Senate, it then means that is the intendment of that law.”

    Ubani recalled that over time, “the first person that was the chairman of the EFCC, Nuhu Ribadu, was confirmed by the Senate. The second person that was appointed, Mrs Waziri, the woman  was confirmed by the Senate. Ibrahim Larmorde who took over after her was also confirmed by the Senate.

    “So, if all these people over the years have been confirmed by the Senate before they started acting as the chairman, why are we now saying that the constitution does not make provision for the confirmation of the EFCC chairman”, he asked.

    He referred to a similar development in America where Obama appointed somebody in acting capacity beyond the time the law allowed.

    According to him, the matter went to court and the court held that he cannot continue to keep somebody in office in acting capacity when the law says he must be confirmed by the legislative chamber.

    “All this while, I have been arguing that the federal government, the executive can put Magu in office in acting capacity and why I have been saying so was because there has been no pronouncement from the court on this seemingly ambiguous situation that has arisen. It was ambiguous because the Senate is interpreting the law differently, the executive is interpreting the law differently.

    “Now that the judiciary that has the constitutional role of interpreting the law, giving correct interpretation that our law provides and has given that interpretation as to the position of that law, so which other arm of government is there to look up to except they have gone on appeal and have that particular judgment reversed.

    “The current situation now is that the court has recognised that an agency like the EFCC chairmanship that requires confirmation by the senate must be confirmed by the Senate. That judgement stands unless they go on appeal to reverse that judgment”, he stressed.

  • Obey the law

    Obey the law

    • The Buhari administration should respect fundamental rights

    A major feature that distinguishes a democracy from authoritarian rule is scrupulous adherence to the Rule of Law. In a democracy, there is no room for impunity or capricious rule. Every citizen, and non-citizen alike, is presumed innocent until he has been afforded the opportunity of arraignment and trial in a court of law. Detention beyond 48 hours can only be at the instance of the court. Besides, every court order is to be obeyed unless or until it is set aside by a superior court.

    It is within this context that we agree with Mr. Femi Falana, a Senior Advocate of Nigeria and a notable socio-political rights activist, who has argued that all detainees held by the Department of State Services (DSS), contrary to the tenets of the Rule of Law, should be immediately released or arraigned.  Falana contended, in a letter to President Muhammadu Buhari, that unlawful arrest and detention violate the Constitution, which Buhari had solemnly pledged to uphold at his inauguration on May 29, 2015.

    Perhaps Buhari needs to be reminded of what he said: “As far as the Constitution allows me, I will try to ensure that there is responsible and accountable governance at all levels of government in the country. For I will not have kept my own trust with the Nigerian people, if I allow others abuse theirs under my watch.”

    As Falana pointed out, the detention of Mr. Ibrahim Elzakzaky of the Islamic Movement of Nigeria (IMN) since December 2015 is simply inexcusable.  The detention of the Islamic leader and his wife, even after Justice Gabriel Kolawole of the Federal High Court, Abuja division, ordered his release in December last year, portrays the Buhari administration in a bad light.

    Similarly, Col. Sambo Dasuki, who served as National Security Adviser under the Jonathan Administration, has been locked up and kept away from his people for more than two years. He has been accused of sundry offences, including illegal possession of firearms, money laundering and diversion of funds provided for prosecuting the war against terrorism in the Northeast. These are all bailable offences and the courts, including the municipal and the Economic Community of West Africa Courts, have ordered that he be admitted to bail. This has been disregarded by the Federal Government. It is hard to believe that this could have happened without the President’s approval.

    In yet another case, two Indians, Messrs Nitin Verma and Umesh Asudani, who live and run their businesses in Kano, have been held in detention since October.  They were arrested by the DSS for alleged money laundering.  Although Justice Usman Mallam Na’Abba has ordered that the detainees be allowed their day in court, the DSS authorities have disregarded the ruling. This suggests that the government has no regard for the laws of the land as the Administration of Criminal Justice Act, 2015, clearly makes detention without court order illegal. It must be noted in the case of the Indians that a government interested in attracting foreign investment should not expect to do so through such disrespect for the law.

    There is no question that the Nigerian Constitution is supreme. All tiers, branches and institutions of government derive their powers from it. The provisions on Fundamental Human Rights therein, as well as those in the African Charter on Human and Peoples Rights Act, as well as the Administration of Criminal Justice Act are binding on the government.

    We call on President Buhari to forthwith obey the laws of the land. Failure to do so amounts to a gross violation of the terms and spirit of the Constitution. He should also call his men in the law enforcement agencies to order.

  • Entertainment bigwigs celebrate Obey at 75

    Entertainment bigwigs celebrate Obey at 75

    In continuation of the 75th birthday activities of Juju music maestro, Ebenezer Obey Fabiyi, top entertainers, veterans in the music industry, and other celebrity artistes trooped to Abeokuta, Ogun State penultimate Monday to honour the celebrated musician.

    The event, which commenced with an interdenominational service at the Chapel of Christ the Glorious King (CCGK), Obasanjo Presidential Library, Abeokuta, Ogun State, aside having entertainers also had in attendance Ogun State governor, Senator Ibikunle Amosun, former president Olusegun Obasanjo and Sir Adebukola Adebutu Kessington among other dignitaries.

    Fellow Juju music legend, Sunday Adeniyi Adegeye, a.k.a KSA, who was the lead singer at the event was accompanied by other artistes. Son of the celebrator, Tolu Obey, also mounted the stage to dish out series of ‘Miliki tunes’ to the admiration of all present.

    Music veteran, Dele Abiodun, Y.K. Ajadi;  Salawa Abeni, Adewale Ayuba, Obesere, Yinka Ayefele among others thrilled guests while gospel artistes, Evangelist Joseph Adelakun, popularly known as Ayewa, Bola Are, Dunni Olanrewaju, otherwise known as Opelope Anointing, Funmi Aragbaye, Tope Alabi and Zion all turned up.

    The event was also attended by Wasiu Ayinde, a.k.a K1the Ultimate, Shefiu Alao,  Wasiu Alabi, also known as Pasuma, Esther Igbekele, Akin Tofowomo, a.k.a Akin Suga, Big Shef, Ayodel, and actresses, Iyabo Ojo and Lizzy Anjorin among others.

  • Obey, Tope Alabi, others for Embrace 2017

    Obey, Tope Alabi, others for Embrace 2017

    Gospel artistes Ebenezer Obey and Tope Alabi are among top musicians billed to perform at the Embrace Season 10 at Ikorodu, Lagos on Friday. The event which is titled, ‘Rejoicing in the Kin, is being organised by Embrace International Assembly.

    At briefing in Lagos last week, the church’s Senior Pastor, Isaac Olatunde Adeyemi, said the event was in its 10th edition, adding that its aim is to evangelise in Ikorodu, particularly to most youths who love music.

    “That is why we are using gospel artistes in the all-night programme,” he said, while he listed Cobhams  Asuquo, Tim Godfrey, Bois Olorun, Bayo Adesuyi, Damola Adesina, and Tunji Amokade as artistes expected to perform. They would be assisted by the church’s choir, he said.

    The event also marks the launch of lsaac Adeyemi World Outreach.

  • EBENEZER OBEY FETES IDOGO INDIGENES

    EBENEZER OBEY FETES IDOGO INDIGENES

    JUJU maestro and General Overseer of The Ebenezer Obey Evangelistic Ministry, Ebenezer Obey Fabiyi, has given back to the society through health intervention, support for widows and old people.

    The event which was part of his 74th birthday celebration took place at Idogo, in Ogun State and witnessed free medical services, treatment and General consultations.

    Speaking on the purpose of the event and the location, Obey said, “everything about my life started from Idogo town and I think I need to contribute my own quota for the development of the town. Part of what God told me is the support for old people and medical intervention.”

    He promised to do more in the near future and bring about the needed change in the community. “Very soon we are going to commission a police station in the town which God used me to build. Initially, we are using police post which is now updated to a full fledge police station for the security of the area. More people are coming to the community and we need to secure the properties and the people living in the community well, this is very important to me and greater percentage of people in the community,” he said.

    The occasion also witnessed the collaboration of GIAEM, a care ministry of Apostle Adebisi Okunade pledging support for Ebenezer Obey who is the grand patron of the ministry anytime such assistance is needed especially in the area of care for the needy.

  • Obey, K1, 40 others to perform at Olubadan’s coronation

    Obey, K1, 40 others to perform at Olubadan’s coronation

    No fewer than 42 musicians including Evangelist Ebenezer Obey-Fabiyi and Fuji artistes, K1, Wasiu Alabi Pasuma and Suleiman Alao Malaika have signed up to perform at the coronation ceremony of  new Olubadan- designate, High Chief Saliu Adetunji.

    The installation of Chief Adetunji as the 41st Olubadan is slated for Friday March 4, 2016 in the ancient city.

    An impeccable palace source confided in The Nation that the musicians cut across major Yoruba music genres such as Juju, Fuji, Apala and Highlife.

    The source added that none of the artistes wants to miss the opportunity to perform for the new Olubadan, who is a major player in the music industry.

    Adetunji is a music producer and promoter under some record labels including Omo Aje Sound Studio.

    The artistes are being coordinated by K-1, who is a major artiste on Omo Aje Sound Studio label.

    Owing to the huge number of the artistes, it was learnt that each of them may not have more than 15 minutes to perform throughout the coronation ceremony. But the musicians are likely to perform on Friday and Saturday when the new monarch is scheduled to entertain guests.

    Meanwhile, well-wishers are still thronging Chief Adetunji’s Popoyemoja, Ibadan residence to felicitate with him on his forthcoming ascension to the throne.

    While cows are being slaughtered daily to feed guests, renovation work is also in progress at his residence to enlarge the compound in anticipation of large number of visitors.

    The late Olubadan, Oba Samuel Odulana Odugade 1, joined his ancestors on January 19, paving the way for Chief Adetunji to be chosen as the new Olubadan.

  • Soldiers must obey constitution’

    Men and officers of the Nigerian Army, 15 Field Engineering Regiment, Topo, Badagry, Lagos, have been urged to focus on their constitutional duties.

    Major Gen. Edmond Obi said soldiers must be non-partisan and must be committed to defending the country against any form of aggression.

    He said any soldier who deviated from their duties will be disciplined.

    Obi spoke during a familiarisation visit to Topo Barracks.

    He warned the soldiers against overzealousness, warning that acts of indiscipline will not be tolerated.

    Speaking with newsmen, Obi’s visit was to interact with officers under his command, encourage them and to carry out first hand assessment of their challenges to advice the military authorities.

    According to him, the security situation in the country requires total commitment of every soldier for the war against insurgence to be won because the government is committed to their welfare.