Thursday, 27 June 2013

Texas prepares to execute 500th inmate


Jim Willett remembers the night of Dec. 6, 1982, when he was assigned to guard a mortuary van that had arrived at the death house at the Huntsville prison. “I remember thinking: We’re really going to do this. This is really going to happen,” says Willett, who was a captain for the Texas Department of Corrections. Associated Press reports that when the van pulled away early the next morning, it carried to a nearby funeral home the body of convicted killer Charlie Brooks, who had just become the first Texas prisoner executed since a Supreme Court ruling six years earlier allowed the death penalty to resume in the United States.

What was unusual then has become rote. On Wednesday, barring a reprieve, Kimberly McCarthy will become the 500th convicted killer in Texas to receive a lethal injection. The number far outpaces the execution total in any other state. But it also reflects the reality of capital punishment in the United States today: While some states have halted the practice in recent years because of concern about wrongful convictions, executions continue at a steady pace in many others.

The death penalty is on the books in 32 states. On average, Texas executes an inmate about every three weeks. Still, even as McCarthy prepares to die at the Huntsville Unit, it’s clear that Texas, too, has been affected by the debate over capital punishment. In recent years, state lawmakers have provided more sentencing options for juries and courts have narrowed the cases in which the death penalty can be applied. In guaranteeing DNA testing for inmates and providing for sentences of life without parole, Texas could well be on a slower track to execute its next 500 inmates.

“It’s a very fragile system” as attitudes change, said Mark White, who was Texas attorney general when Brooks was executed and then presided over 19 executions as governor from 1983 to 1987. “There’s a big difference between fair and harsh.  I think you have (Texas) getting a reputation for being bloodthirsty, and that’s not good.”

Texas has accounted for nearly 40 percent of the more than 1,300 executions carried out since murderer Gary Gilmore went before a Utah firing squad in 1977 and became the first U.S. inmate executed following the Supreme Court’s clarification of death penalty laws. (Texas had more than 300 executions before the pause.) Virginia is a distant second, nearly 400 executions behind.

NGF crisis: Drama as two SANs fight to defend Jang

There was a drama yesterday before an Abuja High Court, when two Senior Advocates of Nigeria (SANs) struggled to win the brief of a factional chairman of the Nigerian Governors’ Forum (NGF), Governor Jonah Jang of Plateau State. Governor Jang briefed Paul Erokoro (SAN) and Tayo Oyetibo (SAN), separately to defend his faction of NGF in the suit filed by Governor Babatunde Fashola of Lagos state, urging the court to stop him from parading himself as the chairman of the forum. Fashola also wants an order of the court 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.

When the matter came up yesterday, the inability of Paul Erokoro (SAN) and Tayo Oyetibo (SAN) to agree on who should represent Jang and Onaiwu, and similar disagreement between Awa Kalu (SAN) and F. N.
Nwosu on who should represent the Registered Trustees stalled proceedings. When the case was mentioned, Prof. Yemi Osinbajo (SAN), accompanied by Femi Falana (SAN) announced appearance for the plaintiff. Oyetibo, accompanied by Mathew Burkaa, announced for Jang and Onaiwu. Erokoro also announced for the same parties. While Kalu announced for Okauru and the Registered Trustees of the forum, Nwosu also announced appearance for the Trustees.

The claims by Oyetibo and Erokoro (to be appearing separately for Jang and Onaiwu) and Kalu and Nwosu (to be appearing separately for the Trustees) sparked argument that lasted about 30 minutes, with each lawyer claiming to have been validly instructed. At a point, Osinbajo opposed suggestion that the case be stood down for some time to enable the lawyers sort themselves out. He urged the court to strike out processes filed for Jang and the Trustees because the filing of two different processes for a party amounted to an abuse of court process. “This is the same confusion in the Governors’ Forum,” he noted.

The trial judge, Justice Peter Affen, at that point, advised the lawyers to resolve the disagreement amicably and added that: “We are in the spotlight again, both the Bar and the Bench. “We should not allow acts that will further erode from our credibility. “Let us not be caught by the problem of the Governors’ Forum. They did not resolve their problem amicably, that is why we are here. We should amicably resolve ours,” Justice Affen added.

http://peoplesdailyng.com/ngf-crisis-drama-as-two-sans-fight-to-defend-jang/

The right to remain silent is still golden



“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak with me?”
Those words are uttered thousands of times a day in this country, and one hardly needs to have been arrested to recognize them. They are a staple of police dramas from “Dragnet” to “CSI.” They are a ubiquitous part of American culture, as familiar as the Pledge of Allegiance. They are, of course, the Miranda warning, which suspects have been read ever since the United States Supreme Court in 1966 mandated it.

Written by Chief Justice Earl Warren, who began his public career as a prosecutor in Northern California, Miranda recognized the coercive nature of police interrogations and sought to ensure that the constitutional rights of suspects in custody were protected. Moreover, it was an expression of the court’s egalitarianism: Sophisticated suspects already knew to ask for a lawyer or to remain silent, so those who tended to incriminate themselves under police questioning were more likely to be poor and uneducated.

Since its inception, Miranda has stood as a hallmark of judicial overreach in the minds of conservatives. They like to note that the warning does not appear in the Constitution. And even though the rights it enumerates are explicitly mentioned — the right to remain silent is guaranteed by the 5th Amendment, the right to counsel is protected by the 6th — critics complained at the time of Miranda that informing suspects of those rights would cause them to clam up and thwart law enforcement. It would, the claim went, empty the prisons.
Well, it didn’t. Miranda is now nearly 50 years old, and the prisons are full of criminals who were convicted despite it. Some were read the warning and talked anyway; others got the warning, demanded lawyers and were convicted on the evidence. Indeed, one of the striking things about Miranda today is that the law enforcement establishment no longer objects to it. The warning is simple and easy for officers to deliver. It gives them clarity, and it rarely interferes with an investigation. When Miranda faced a direct challenge in 2000, Chief Justice William H. Rehnquist, who criticized the original ruling, voted to uphold it, in part because of that clarity and in part because it had become such an established piece of police practice.

Edo executions did not follow due process – Lawyers



Avocats Sans Frontières France (ASFF) otherwise known as lawyers without borders has condemned Monday’s execution of four death row inmates in Edo State. ASFF argued that the execution did not follow due process as the inmates were not allowed to fully exhaust all legal options available to them.

According to a statement issued by the group, the executions were carried out despite the application for stay of execution by a human rights organisation. It stated that the executed inmates still had rights to appeal the decision of the Federal High Court. It said, “Recall that in October 2012, the execution warrants of the just executed inmates were signed but a legal suit was filed by the Legal Defence and Assistance Project (LEDAP) an NGO to stop the execution. Although the judgment delivered Monday in this case was not in favour of the inmates, an appeal was promptly filed against this decision. Unfortunately the appeal was not respected and the executions were carried out in total disregard of the processes filed before the court. ASF France has been rightly informed that the Attorney General of Edo State and the Nigerian prisons were duly served with the court processes comprising of the notice of appeal and motion for stay of execution. “The move by the federal government to resume execution of over 700 inmates on death row in Nigeria is contrary to commitments made by theNigerian government at international level and is a huge dent on the human rights record of Nigeria. In November 2008, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, adopted a resolution calling on state parties to the African Charter on Human and Peoples’ Rights to observe a moratorium on the death penalty.”

It would be recalled that President Goodluck Jonathan had on Fathers’ Day celebration on June 16 in Abuja directed governors to exercise their constitutional responsibility by the signing death warrants for condemned prisoners.

http://thenationonlineng.net/new/news-update/edo-executions-did-not-follow-due-process-lawyers/

Court refuses to restore lawyer’s SAN title


A Lagos High Court sitting in Tafawa Balewa Square, Lagos, on Wednesday refused to reverse the indefinite suspension of a lawyer, Chief Ajibola Aribisala, from using the Senior Advocate of Nigeria title.
Justice Oludotun Adefope-Okojie, in a ruling on Aribisala’s application for a mandatory injunction to restore his SAN title, said rather than reversing the suspension, she would prefer to decide the matter on its merit.
She, therefore, ordered an accelerated hearing of the case.

The Legal Practitioners Privileges Committee, which on February 26, 2013, suspended Aribisala from using the title based on a petition by Fidelity Bank Plc, had refused to participate in the hearing of the application.
The committee neither filed any defence in the substantive suit nor was it represented by a lawyer since the substantive suit was filed.

The judge, earlier in her ruling, dismissed the preliminary objection filed against Aribisala’s suit by Fidelity Bank, which was joined as the first respondent in the suit. Adefope-Okojie said, after affirming the court’s jurisdiction to entertain the suit, “It is my opinion that the wisdom in this suit is for me to grant its accelerated hearing. I therefore refuse the reliefs of the claimant and order an accelerated hearing.”

Aribisala had, through his application, argued that the decision to suspend him from using the SAN rank by the LPPC was taken while his suit seeking to restrain the committee from acting on Fidelity Bank’s petition was pending. However, while the LPPC shunned the suit, which was filed on October 19, 2012, Fidelity Bank, through its counsel, Seyi Sowemimo (SAN), filed a preliminary objection contending that the court lacked the jurisdiction to entertain the suit.

But Adefope-Okojie disagreed with Sowemimo’s argument and held that a mere listing of an item on the Exclusive Legislative List was not sufficient reason to determine that a state High Court lacked jurisdiction to entertain disputes arising from it.

Cremation Act in Lagos: Matters arising


Ever since Goveror Babatunde Fashola of Lagos State assented to the Cremation Bill on June 10, opinions are divided on the suitability and desirability of the law. Some cynics scream that cremation of bodies negates traditional African beliefs and the fundamental principles of all the major religions in the country.

Nevertheless, the state’s Attorney-General, Mr Adeola Ipaye, argued that cremation, as stated in the new law, was voluntary. He stressed that a person might signify interest to be cremated after his or her death, adding that a member of the deceased’s family, who was 18 years and above, could also decide to have the body cremated. The law, however, empowers the state government to cremate unclaimed bodies in its mortuaries after a period of time. Nonetheless, the law stipulates that cremation can only be done in the crematorium provided by the state or by licensed funeral homes.

At the ceremony which marked the signing of the bill into law, the bill’s sponsor, Mr Suuru Avoseh, the Chairman, House Committee on Health Services, had many questions, arising from the controversies surrounding the law, to answer. However, Dr Anthony Omolola, the National President of the General and Private Medical Practitioners of Nigeria, said that the Cremation Act was in order, adding that cremation was a globally acceptable practice.

Also speaking, Dr Francis Faduyile, the Chairman of the Lagos State Chapter of Nigerian Medical Association (NMA), lauded the governor for signing the bill, saying that the action signified that the state was willing to adopt beneficial global practices.  On the other hand, several religious leaders and lawmakers, who witnessed the signing ceremony, kicked against the law on the grounds that it was anti-religious and anti-cultural. Alhaji Moyashau Abolaji, an Islamic scholar, vehemently rejected the approval of cremation of bodies, saying that the innovation was not supported by Islam.

US: Supreme Court validates benefits for homosexuals


 In a major victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.

Associated Press reports that the justices issued two 5-4 rulings in their final session of the term. One decision wiped away part of a federal anti-gay marriage law that has kept legally married same-sex couples from receiving tax, health and pension benefits. The other was a technical ruling that said nothing at all about same-sex marriage, but left in place a trial court’s declaration that California’s Proposition 8 is unconstitutional. That outcome probably will allow state officials to order the resumption of same-sex weddings in the nation’s most populous state in about a month. In neither case did the court make a sweeping statement, either in favor of or against same-sex marriage. And in a sign that neither victory was complete for gay rights, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. A separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.

President Barack Obama praised the court’s ruling on the federal marriage act, which he labeled “discrimination enshrined in law.” “It treated loving, committed gay and lesbian couples as a separate and lesser class of people,” Obama said in a statement. “The Supreme Court has righted that wrong, and our country is better off for it.”

Court orders Ajudua to remain in Kirikiri prison






A Lagos High Court in Ikeja has ordered the alleged fraud kingpin, Mr. Fred Ajidua, to remain in Kirikiri Prison till when the case against him is concluded. Justice Olubunmi Oyewole had earlier ordered Ajudua to be remanded in prison when the accused appeared in court for the first time on June 11, 2013 after eight years of evading trial. He had applied for fresh bail or alternatively, the restoration of the bail, which the court revoked after he consistently evaded trial.

But Oyewole ruled on Wednesday that the accused was not deserving of bail on the grounds that he “has not been alive to his responsibility of attending to his trial”.

http://www.punchng.com/news/court-orders-ajudua-to-remain-in-kirikiri-prison/

Senate confirms Kekere-Ekun Supreme Court Judge, Akinkuotu D-G, NCAA


The Senate on yesterday confirmed the nominations of Justice Kudirat Kekere-Ekun as a Supreme Court Judge and Capt. Fola Akinkuotu as Director-General, Nigerian Civil Aviation Authority (NCAA). The nominations were confirmed based on recommendations of the Senate Committee on Judiciary, Human Rights and Legal Matters and the Committee on Aviation which screened the nominees separately.

The Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Umaru Dahiri, said the committee examined Kekere-Ekun’s curriculum vitae and found her capable and qualified to be appointed. He said, “she is an erudite judge whose contributions to the law are immeasurable. We find her competent for the appointment.”

Contributing, Senator Ita Enang said she was nominated based on merit and not on gender. Enang, however, stressed the need to increase the number of Supreme Court judges to ensure equitable representation of justices in the Supreme Court across the geo-political zones of the country. The Chairman, Committee on Aviation Senator Hope Uzodinma, also told the Senate that his committee found Akinkuotu competent to be appointed as the NCAA Director-General. Senate President David Mark congratulated both appointees and urged them to bring their wealth of experience to bear on their new positions.

The Senate also held a valedictory session in honour of late Senator Albert Legogie, a former Deputy Senate President who died on June 19.

http://peoplesdailyng.com/senate-confirms-kekere-ekun-supreme-court-judge-akinkuotu-d-g-ncaa/

Tuesday, 25 June 2013

Why Nigeria didn’t appeal Bakassi judgment – Jonathan


President Goodluck Jonathan said yesterday that Nigeria did not appeal the ceding of Bakassi to Cameroon through the 2002 ruling of the International Court of Justice (ICJ) because the Federal Government was desirous of protecting its citizens living there.

Speaking last Sunday in Yaounde, Cameroon, when he met with the Nigerian community, Jonathan noted that there was palpable tension between the two countries at that time. Jonathan who was in Cameroon for the summit of Heads of States and Governments of the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS) and the Gulf of Guinea Commission (GGC), which kicked off yesterday, with a focus on maritime safety and security in the Gulf of Guinea, noted that the apex government also held back on appealing because it had no concrete evidence to back up its case.

According to Jonathan, “you all know what happened in Bakassi, there is no need to go back on why we couldn’t appeal. We had no new evidence within the period of time that was given that will make a difference in the judgment,” he said. “Nigerians living in Cameroon should live a good and decent life. “The forces of animosity are gradually dying down and the relationship is improving.” He assured the citizens that his administration was doing its best to improve the welfare of all and sundry, indicating he would intimate his host, President Paul Biya about their complaints of high cost of residence permits, high cost of tuition fees for students among others. He also urged Nigerians in the Diaspora to ignore negative reports that tend to exaggerate the problems back home.

Saturday, 22 June 2013

Beware: In Lagos, wandering could send you to jail


A widow living at Mowe area of Ogun State, Mrs. Justina Moses, recently sent her 18-year-old brother, Sunday John, on an errand to a relation on Lagos Island. On his way back, officials of the Lagos State Task Force on Environmental Sanitation and Special Offences grabbed Sunday at about 9am on Monday, June 10, 2013, and within 24 hours, sent him to the Badagry Prison.

However, Moses said none of the officials at the task force office, Alausa, Ikeja, could state Sunday’s offence when she demanded an explanation while the Investigating Police Officer for the case could not be produced. She said, “I was told that he was arrested at Oshodi bus-stop; but what they told me was to produce N40, 000 as fine for his release. They said that was the order given to them by the state government. When I didn’t have N40, 000 to quickly give to them, my brother was taken to jail.”

Lately, there have been reported cases of illegal arrests, extortion and highhandedness by officials of Lagos State law enforcement agencies, particularly the task force, Kick Against Indiscipline and the Lagos State Traffic Management Authority. Moses, who lost her husband in November 2012, is currently unemployed. Her neighbour, Mr. Jonathan Agbeni, who has been assisting the family to secure Sunday’s release, described his recent visits to the task force office as an ‘eye-opener’ to the rot in the system.

Agbeni said many of the alleged offenders brought into the task force office each time he was there had no concrete case to answer for. “They couldn’t produce the IPO in charge of Sunday’s case, and one of their officials who attended to us that the boy didn’t commit any offence. He said Sunday was picked up like so many others who get picked up on a daily basis for no offence at all. “Even while I was there, a man just released from prison was picked up by the task force officials on the same day, while on his way home. He was again sentenced to one month imprisonment after claiming he had shown the magistrate his discharge papers.”

Christmas Day bombing: Kabiru Sokoto has case to answer

 
The Federal High Court, Abuja yesterday dismissed the no-case submission made by the alleged mastermind of the 2011 Christmas Day bombing of St Theresa Catholic Church, Madalla, Niger State, Kabiru Umar a.k.a. Kabiru Sokoto.
Umar had at the completion of the prosecution’s case on May 16 argued that no prima facie case was made against him and asked the court to quash the charges against him and set him free. Justice Adeniyi Ademola held that the prosecution, via the evidence led, sufficiently made a prima facie case against the accused. “The court having held that a prima facie case has been made against the accused person, his no-case submission fails. “In the circumstance, the accused person has a case to answer. He is hereby called upon to open his defence,” the judge declared. The defence plans to call seven witnesses while the court adjourned to July 5 for Umar to commence his defence.

Defence lawyer, Mr.Ibrahim Umar, in his submission on June 14, argued that the prosecution had failed to produce sufficient evidence to link him with the charges of terrorism levelled against him. He urged the court to discharge and acquit him. He further argued that the proof of evidence before the court did not link Umar to the crimes alleged against him. The defence lawyer contended that the evidence so far led by the prosecution failed to establish any offence against him. Counsel argued that the evidence by all the six prosecution witnesses amounted to hearsay and urged the court to disregard them.

He contended that while the state accused Umar of “facilitating the commission of terrorist act by planting and encouraging some boys (now at large) at Mabira Sokoto, in Sokoto State, with the intention to bomb the police headquarters and some other government agencies in the state”, the government failed to bring any of the boys he allegedly planted and encouraged to testify against him. He said rather than bring the boys whom the operatives of the State Security Service claimed gave them information about how he encouraged them to bomb the police headquarters and other government agencies in Sokoto, the Federal Government brought operatives of the SSS to give hear-say evidence which has no probative value.

Supreme Court upholds Uduaghan’s election


THE Democratic Peoples Party’s governorship candidate in Delta State in the 2011 election, Chief Great Ogboru ,yesterday finally lost the battle to unseat Governor Emmanuel Uduaghan. The Supreme Court dismissed his application seeking to compel the court to set aside its earlier judgment with which it upheld Uduaghan’s election of the PDP. The governor hailed the verdict as a vindication of the supreme mandate given him by the people of the state. Justice Suleiman Galadima,in yesterday’s ruling, held that the application was an abuse of court process. The judgment was prepared by Justice Clara Bata-Ogunbiyi. The court ordered Ogboru to pay Uduaghan N50,000 as cost for filing the application which the court described as frivolous. 
The apex court observed that a similar application was filed and withdrawn by Ogboru’s first lawyer, Sebastine Hon (SAN). It held that Ogboru’s claim that Hon withdrew the application without his authority was not substantiated. The court upheld the argument by Uduaghan’s lawyer, Wole Olanipekun (SAN) that a lawyer has unfettered authority to conduct his client’s case. Olanipekun had argued that when briefed, a lawyer has full control of his client’s case and that such a lawyer could compromise the case or could agree to a judgment, and that the only choice the client has was to withdraw the instruction given to the lawyer. 
The apex court also held that there must be an end to litigation. The court held that Ogboru did not prove that Hon acted without authority when he withdrew the initial application to set aside the judgment. It held that since Hon had withdrawn the application, Ogboru was bound by the action of his lawyer ,pointing out that Ogboru’s decision to file a similar application was an abuse of the process of court. It did not go into the merit of the application. The court frowned at the allegation by Ogboru’s new lawyer, Dickson Osuala that Hon compromised in the manner he withdrew the application. The court held that it was unfair to allege that Hon compromised himself and warned lawyers not to allow their clients to use them to disparage the legal profession and legal practitioners.

Friday, 21 June 2013

Death warrant: Group condemns presidential directive to governors

A group, Lawyers Without Borders, has condemned President Goodluck Jonathan’s recent call on governors to exercise their constitutional responsibility of signing death warrant for the enforcement of capital punishment for convicts on death penalty.

The group, in a statement described the order as insensitive. Jonathan had called on governors to sign death warrants under the guise of curbing the lack of discipline in the society. But the group called on the Federal Government to respect the existing moratorium on execution of death penalty. It identified inefficient investigation mechanism by security agents, extraction of confessional statements from suspects under duress, the delay in trial as a result of constant court adjournments, non adherence to due process and the principle of fair trial from arrest, trial and sentencing as the major challenges facing the criminal justice system in the country. According to the statement, “the irrevocability of execution where evidence later reveals the innocence of the convict and the non proportionality of offence to the punishment are some of the major concern in the use of capital punishment.”

The lawyers stressed the need for a review of the criminal justice system in the country. They noted that the move by the government to resume execution of over 700 inmates on death row in Nigeria will be contrary to commitments made by the Nigerian government at the international level. In November 2008, the statement said, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, adopted a resolution calling on state parties to the African Charter on Human and Peoples’ Rights to observe a moratorium on the death penalty.

http://peoplesdailyng.com/death-warrant-group-condemns-presidential-directive-to-governors/

Thursday, 20 June 2013

Jonathan beckons on hangmen

 With more than two-thirds of the countries in the world abolishing death penalty in law or practice, President Goodluck Jonathan onSunday, June 16, 2013, at the Aso Rock Villa Chapel where he attended a special service to mark this year’s Fathers’ Day disclosed that he has been urging state governors to give the seal of approval to death penalties handed down on convicts by the courts in their domains to encourage an atmosphere of discipline in the society.
 
The President, in his remarks at the occasion noted that discipline could be in various forms, including admonition from a magistrate’s court, jail terms and capital punishment and said: “In the case of capital punishment, the state governors will have to sign. Even governors sometimes find it difficult to sign. I have been telling the governors that they must sign because that is the law. The jobs we are doing have very sweet part and very ugly part and we must perform both. No matter how painful it is, it is part of their responsibilities”. “So, for us as parents, it is important for us to let our children constantly know that it is good to take the right path. It is good for them to know that they must be upright,” Jonathan told those gathered at the Aso Rock Villa Chapel to celebrate this year’s Fathers’ Day.

President Jonathan, while giving the directive to state governors added that, it is part of the constitutional responsibilities of the state governors and that, it will amount to breach of the constitution for state governors to refuse to sign death warrants, after the pronouncement of death penalty by a court of competent jurisdiction. Armed robbery and murder are some of the offences punishable by death under Nigeria’s extant laws. Nigeria is one of the countries in theworld still harboring the capital punishment in its statute books. A report released by the Office of United Nations (UN) Secretary-General shows that out of 198nations in the world, only 47 retain the death penalty. According to the report, 81 nations, excluding Nigeria have already committed themselves to prohibition of the death penalty throughratification of international or regional instruments.

SSS withdraws suit over court’s jurisdiction


The trial of three Lebanese nationals before a Karu Chief Magistrate Court, Abuja, yesterday assumed a new dimension as he Federal Government withdrew the charges against the accused persons. The owner of Amigo Supermarket, Abuja, Mustapha Fawaz, along with Abdullahi Thaini and Talal Roda, all Lebanese, suspected to have imported arms cache into the country for alleged terrorist activities were arraigned by the State Security Services (SSS) on charges bordering on criminal conspiracy and unlawful importation of prohibited firearms.

When the matter came up, the prosecution counsel, Mr. Eric Osagie, told Chief Magistrate Yemi Oyeyipo that evidence arising from investigations in the matter, has shown that the offences for which the accused persons were alleged to have committed are outside the jurisdiction of the court. The prosecution counsel informed the court that the case file on the matter had been forwarded to the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) for further advice. “To this end, we apply for the withdrawal of the First Information Report (FIR) from the court”, Mr. Osagie prayed the court.

Counsel to the suspects, Ahmed Raji (SAN) who agreed to the submission of the prosecution counsel that the court lacks the jurisdiction to entertain the matter, did not object to the application of withdrawal by the prosecution. He told the court that the Preliminary Objection brought before the court by the defense has been overtaken by event, following the withdrawal of the matter by the prosecution.

Court to hear lawyer’s suit against Lekki-Ikoyi bridge


A Federal High Court, Lagos has fixed Thursday (today) for the hearing of complaints by a legal practitioner, Mr. Ebun-Olu Adegboruwa, that the Lagos State Government has started toll collection on the Lekki-Ikoyi Suspended Bridge while judgment on the suit challenging its propriety was being awaited.

Adegboruwa is, through an application he filed on June 4, 2013, asking the court to allow him to file additional facts, which were not available as of April 30, 2013 when the matter was heard and adjourned till July 9 for judgment. After the court adjourned till July 9 for judgment, Governor Babatunde Fashola on May 29 inaugurated  the bridge, declaring it as a toll bridge. However, Justice Saliu Seidu fixed the date for hearing of the application upon a separate request by the lawyer for urgent hearing.

Adegboruwa had filed the affidavit seeking the court to permit an urgent hearing of the application, stating that there was “exceptional circumstances” warranting the urgent hearing of the application. He, in an affidavit supporting the application to file additional evidence, stated that the inauguration of the bridge and the subsequent commencement of toll collection on it, was meant to “undermine and over-reach” the case.

The lawyer premised his fresh application on provisions of Order 26, Rules 1 and 27 of the Federal High Court (Civil Procedure) Rules, 2009; Order 11 of the Fundamental Rights Enforcement Procedure) Rules, 2009 and Section 36(1) of the Constitution.

Osun election tribunal lawyer Kalejaye for trial July 16

The Legal Practitioners Disciplinary Committee (LPDC) (aka Body of Benchers) has set July 16 for hearing of a petition against Mr. Kunle Kalejaiye (SAN). Kalejaiye is the lawyer accused of having a telephone conversation with the now sacked Justice Thomas Naron during the sitting of the Osun State Election Petition Tribunal.

Justice Narom was the Chairman of the tribunal that heard the petition filed by the Action Congress of Nigeria (ACN) and its candidate, Rauf Aregbesola, against the election that got the now sacked Governor Olagunsoye Oyinlola to office. The National Judicial Council (NJC) recommended Justice Naron’s sack after considering the petition against him. Plateau State Governor Jonah Jang subsequently accepted the recommendation and sacked Naron, a State High Court judge.

Kalejaiye is one of the 24 lawyers to be tried by the LPDC during its sitting slated for between July 15 and 18 at the Court of Appeal Headquarters in Abuja. According to an advertorial signed by LPDC’s Secretary, Mrs H. A. Turaki, Kalejaiye’s case file is marked: BB/LPDC/115.

Those whose cases are due to be heard on July 16 include Bisi Oyinloye and Babatunde Shonekan.
On July 15, the committee will hear nine cases and rule on the case against A. A. Ibebunjo, marked BB/LPDC/113. Others include cases against A. R. Maduabuchi, Olawale Ojoge-Daniel, G. C. Monyei, Temidayo Eseyin, A. T. Ahembe, Azubike Okeke, Chikwendu Kalu, M. DM Ndupu and Lanre Kareem.

The committee will on July 17 hear the cases involving Anthony Ojigbo, I. O. Harrison, Gabriel Gbenoba, George Adiele, Ola Ogunbiyi, Adekunle Sulaiman and Remi Onifade. On July 18, the committee will consider the petitions against Akintunde Oyetunde, Olu Dairo, Victor Chiedu Nwoye, Chidi Uburu and Imoh Obot Golden.

http://thenationonlineng.net/new/news/osun-election-tribunal-lawyer-kalejaye-for-trial-july-16/

Wanted! A law against cybercrime

Cybercrimes are committted through the internet and the telephone. The advent of the internet and mobile phone gave birth to such crimes. Hitherto, it was almost impossible for the crimes to thrive. Cybercrimes have become a threat to most economies and many countries have laws to fight the menace. But the same cannot be said of Nigeria, which is lagging behind in laws to tackle the hydraheaded problem.

It is against this backdrop that the Director, National Information Technology Development Agency (NITDA), Prof Cleopas Angaye, is pushing for such a law. On why the agency is championing the bill, Angaye said it was because Nigeria is in the same league with “super powers” on a negative pedestal. Cybercrimes have given the county a bad image and are posing a threat to e-commerce. “Nigeria is rated as one of the worst cybercime nations in the world. If you go to the internet (and click) cybercrime Nigeria, you will see that Nigeria is either one of the four (leading cybercrime countries of the world). It becomes of utmost concern when you count the United States and, maybe China and the United Kingdom, and Nigeria is there. We shouldn’t be there. Nigeria is not as advanced as these other countries. We want to be advanced in other areas, but certainly not in crime. So, we are concerned. We want our cyberspace to be free,” he told The Nation.

Wednesday, 19 June 2013

Court refers brain-damaged girl’s case to Lagos ADR



A Lagos High Court, Ikeja, on Monday referred a case instituted on behalf of two-year-old Nicole Adesanya, whose brain was allegedly damaged during birth, to the state judiciary’s Alternative Dispute Resolution unit.

Nicole’s father, Mr. Adebiyi Adesanya, had sued the Lagos State Government, seeking N10bn as damages for his daughter’s condition, which he alleged, was caused by the negligence of government medical officers.
The Lagos State New Civil Procedure Rules empower designated officials of the judiciary to transfer a case to the ADR unit officers for possible amicable resolution.

Justice Josephine Oyefeso ordered on Monday that the case be transferred to the ADR Track for possible resolution.
The suit, which was filed through their counsel, Mr. Don Akaegbu, on March 4, 2013,  has Nicole and her father as the first and second claimants, respectively.
Lagos State Government’s representatives – the Health Service Commission, the Commissioner for Health, Dr. Jide Idris, and the Attorney-General of the state, Mr. Ade Ipaye – are the defendants.

Oyefeso ordered the transfer of the case after she granted an application by the state counsel, Mrs. Olubukola Adeshina, seeking an extension of time within which to file government’s defence in the case.
The application for extension of time having been granted, the claimants could no longer pursue their own application through which they sought  the court to grant their prayers as contained in the suit because the state had failed to respond within the statutory time frame.

Ibori: Court to hear Delta government’s application July 10


A Federal High Court in Abuja has fixed July 10 for the hearing of a application by Delta State Government, seeking to claim the $15million bribe allegedly offered former Chairman of the Economic and Financial Crimes Commission (EFCC), Nuhu Ribadu, by jailed ex-Delta State Governor, James Ibori. The bribe was allegedly meant by Ibori to stop the commission from further investigating him for the “alleged massive looting” of the state treasury while in office.

Justice Gabriel Kolawole fixed the date on Monday following a recent ruling by the Court of Appeal, Abuja, striking out an application by a Lagos-based refrigerator repairer, Olalekan Bayode seeking to halt further hearing in a suit pending the hearing of his appeal. When the case was called, parties were set to argue the application by Delta State, but the court said it was inconvenient in view of its tight schedule and directed them to choose a fresh date

The Federal Government had applied to the court for an order of forfeiture and to direct the Central Bank of Nigeria (CBN), where Ribadu had lodged the bribe money he rejected, to release it to the government should no one showed up to claim the money. Delta State government later came forward to claim the ownership of the money. It claimed that Ibori, being the state governor when the bribe money was offered, must have taken the money from the state’s coffers.

Before Delta State’s application could be heard, Bayode applied that he should be appointed as a manager to disburse the money to the needy people in the society, especially widows and orphans through a charitable organization. He applied to be joined in the case and prayed that the money to be released to him.
In a ruling, Justice Kolawole dismissed Bayode’s application for being frivolous and lacking in merit.

http://thenationonlineng.net/new/news-update/ibori-court-to-hear-delta-governments-application-july-10/

Tuesday, 18 June 2013

War against corruption total, says CJN


THE Chief Justice of Nigeria (CJN), Justice Miriam Aloma-Mukhtar on Monday said the war to rid the judiciary of corruption should be total and all-embracing, declaring that besides corrupt judges, judiciary workers also found engaging in unwholesome practices shall be dismissed.

Delivering a keynote address at a three-day national workshop organised by the National Judicial Institute (NJI) for judicial librarians across the country, Aloma-Mukhtar said all personnel in the judiciary were duty-bound to conduct themselves in a manner that does not tarnish the public image of the judiciary.

Her words: “Let me quickly add that the fight against corruption in the judiciary is not only targeted at the judicial officers but also against any employee of the judiciary who finds luxury or convenience in engaging in corrupt practices or who engages in any other unwholesome conduct.”

Represented by Justice Olu Ariola of the Supreme Court, the CJN reminded the participants that as judicial officials, they are bound by the Code of Conducts for court employees and urged them not to go against the ethics of the judicial system. “If any of you compromises himself or contravenes the Code of Conduct, he or she will face the full consequences of his or her action”, she warned. But she assured that any judicial worker that works hard and conducts himself well would be rewarded, whereas “deviant, fraudulent and indolent ones may become irrelevant in our drive for a virile judicial system.”

Police chief wants Press barred from divorce suit

 An Assistant Commissioner of Police, Mr. Benjanim Wordu, on Monday asked a customary court at Ibagwa-Ani, Enugu State to stop media reportage of his divorce suit before the court. Wordu, the Area Commander in charge of Onitsha Police Area Command, is in court to end his 14-year-old marriage to  Juliet Wordu, a surveyor.

The ACP, who had earlier testified before the court, accused the wife of buying a car without his consent among other things. Accordingly, he is asking the court to terminate the marriage, which is blessed with four children. However, shortly before his wife could present her testimony before the court, the police chief made an oral application, asking the court to stop the media from publishing further proceedings of the matter.

Speaking through his counsel, Offorkansi Clement, the area commander asked the court “to make an order restraining the press from further covering of this proceedings because it has come to our notice that the press has been publishing this news verbatim and it is not in the interest of this matter, because that is tantamount to ridiculing the children and family of the said marriage. Offorkansi, represented by a lawyer from his chamber, said, “I bring this application under part 3, sub 10 of the Customary Court Laws of Enugu State. In addition, order 12, rule 6 of the Customary Court Law equally provides that this court has power to control its activities in the interest of peace and justice.”

America’s ‘youngest death row inmate’ regains freedom

 A woman who became America’s youngest death row inmate has been released after 28 years behind bars, Sky News reports. Paula Cooper, 43, left the Indiana Rockville Correctional Facility quietly in a state vehicle, said Department of Corrections spokesman Doug Garrison. Her sentence for the murder of a 78-year-old Bible teacher had enraged human rights activists and drew a plea for clemency from Pope John Paul II. When asked where Cooper was being taken, Mr. Garrison said: “We have something arranged, but that’s not something I can talk about.”

Cooper was 15 when she used a butcher’s knife to stab Ruth Pelke 33 times during her lunch break from high school in 1985. She was convicted, along with three other teenage girls, and sentenced to death.
Cooper was given the harshest penalty because she was the ringleader, said Jack Crawford, who was the county prosecutor at the time. Her accomplices served prison terms and have been released.

Shortly after Cooper was sentenced, it was ruled that young people who were under 16 when they committed a crime could not be sentenced to death. Indiana legislators passed a state law raising the minimum age limit for execution from 10 years to 16, and in 1988, the state’s high court set Cooper’s death sentence aside.

Monday, 17 June 2013

Why you need a Will


Do you have a will? Between half and two-thirds of adults don’t. Do you need one? Only if you answer yes to any of the questions below:
1. Do you care who gets your property if you die?
2. Do you care who gets your money if you die?
3. Do you care who is appointed guardian of your minor children if you die?

Who needs a will?
Wills are not just for the rich. Regardless of how much or how little money you have, a will ensures that whatever personal belongings and assets you do have will go to family or beneficiaries you designate. Without a will, the court makes these decisions.
If you have children, a will is a must, to ensure that you get to choose your children’s guardian. Few people plan to die in the near future, but if you die suddenly without a will, you’ll be subjecting your family and loved ones to confusion and anxiety at what is already a difficult time.
There are other benefits to having a will, including tax benefits.

Do you need a lawyer?
For most people, a will is easy to produce and can be prepared using legal software such as Quicken Willmaker Plus, which also helps you create a Living Will, Living Trust, Bypass Trust, Financial Power of Attorney and other legal forms. If you have a more complicated estate, or you’re not comfortable using software for the more complicated documents, consult a lawyer.

Fathers, who are your next of kin?



Father’s Day is becoming increasingly popular as the day of the year dedicated to honour fathers. Whilst it largely serves commercial purposes as retailers encourage us all to buy gifts, it also presents an opportunity to reflect on fatherhood and some important issues that go hand in hand with this revered role.

In Western cultures, the choice of the spouse as next of kin is the most obvious one, for example, the mother of his children is generally the person in whom a man places the most trust. In Nigeria, however, it is very common for a man to choose his brother as next of kin. In the event of the husband’s death, making the wife your next of kin will save her and the children a lot of hardship given the traditional extended family system where other family members can often forcefully claim their brother’s property. There are numerous examples of widows having to cope with not only the loss of their spouse but also of all their personal possessions and property.

There are several factors that people consider in choosing their next of kin. Here are some revealing responses to the question “Who is your Next of Kin?”

Supreme Court upholds death sentences for three

The Supreme Court has sentenced three men to death and one other, to 21 years imprisonment for murder, armed robbery and robbery. The apex court, in four separate judgments last Friday, upheld decisions by the Court of Appeal in Ibadan (Oyo State), Kaduna (Kaduna State) and Calabar (Cross River State) in respect of the cases against four convicted persons – Yekini Afosi, Maikudi Aliyu, Wale Banjo and Victor Essien Victor.

Afosi and Aliyu were charged with murder, Essien Victor with armed robbery; Banjo was initially charged with armed robbery, but converted to ordinary robbery. Afosi was charged with murder contrary to Section 319 (1) of the Criminal Code, Laws of Ogun State 1978. He was arraigned before the Ogun State High Court, Ijebu Igbo. He was accused of killing one Mufutau Amusa on August 23, 1997 at number 22 Idesan Street, Oke Agbo, Ijebu Igbo.

It was the prosecution’s case that Amusa had tried to intervene in a quarrel between one Musibau Elesin and Afosi, when he (Afosi) accused Amusa of shining torchlight on his face. He became angry, raced to his house nearby; retrieved a dagger, with which he stabbed Amusa in the back, causing his death. The trial court found Afosi guilty and sentenced him to death.

Dissatisfied, Afosi went before the Court of Appeal, Ibadan division. In its judgment of June 7, 2011 the appellate court confirmed the trial court’s decision, forcing him to head to the Supreme Court. In a lead judgment by Justice Olukayode Ariwoola, the apex court resolved all issues raised in his appeal against him.
Justice Ariwoola upheld the concurrent decisions by the trial and appellate courts to the effect that “the two defences of self defence and provocation put forward by the appellant were not available to avail him. “Therefore, having come to the conclusion that the two defences of self defence and provocation could not avail the appellant, it follows that the court below (Court of Appeal) was right in so holding and its conclusion is unassailable. “This court will therefore not disturb the concurrent findings of the court below as there is no perversion of justice in any form in its decision.”

Justice Ariwoola dismissed Afosi’s appeal for lacking in merit.

http://thenationonlineng.net/new/news-update/supreme-court-upholds-death-sentences-for-three/

DPP to prosecute fake doctor


Cross River State Ministry of Justice has taken over the prosecution of a fake doctor arrested in Calabar.
The suspect, Mr. Simeon Ukpun (35), allegedly used the certificates of one Dr. Collins Okafor to secure employment with the ministry. He was deployed in General Hospital, Calabar where he reportedly practised as a medical doctor before his arrest. The PUNCH Newspaper had reported in its February 2, 2012 edition that Ukpun worked as a medical doctor from October 1, 2010 to January 2012 when he was arrested. The suspect who was arraigned before a Chief Magistrate’s Court in Calabar was slammed with three counts by the police.

Ukpun was accused of defrauding the state government “by falsely presenting yourself to one Dr. Phillip Obaji and a team of interviewers from the Cross River State Ministry of Health as a medical doctor and also presented to the team documents of one Dr. Collins Okafor Ifere as being your own document knowing it to be false.”  He was also accused of falsely claiming to be a medical doctor by presenting the Bachelor of Medicine and Bachelor of Surgery certificate, and NYSC discharge certificate, receipts of practising fees from the Medical and Dental Council of Nigeria “lawfully issued to one Dr.  Collins Ifere Okafor” to the state Ministry of Health.

He was further charged with presenting a forged certificate of origin from Obanliku Local Government, a fake Senior Secondary School and an Abia State University certificates to secure employment as a medical doctor with the ministry. The accused pleaded not guilty to the charges and was granted a N50, 000 bail by the magistrate, Mrs. B. O. Ebig.

At the resumed hearing on Friday, the ministry applied for the transfer of the case to the Director of Public Prosecutions. The magistrate granted the request and directed the police prosecutor to hand over the files to the DPP. The case was adjourned till July 1, 2013 for continuation.

Saturday, 8 June 2013

Mixed reactions trail CJN’s service directive to judges


THE recent service directive by the Chief Justice of Nigeria (CJN), Justice Miriam Aloma-Mukhtar, to judges to pave way for quick dispensation of justice, has continued to generate mixed reactions from lawyers. Under the new directive, judges are to deliver a minimum of four judgments a year or leave the service. While many commended the CJN for her courageous display of forthrightness, candour and transparency, others felt that the directive has a lot of unresolved lacuna.

One of those who expressed this view, Kemi Pinheiro, a Lagos-based Senior Advocate of Nigeria (SAN), said although the CJN has clearly shown that she is a reformist and pragmatic CJN, she should not have set a universal standard rule. He said: “I am hesitant in applauding the CJN for setting a universal standard rule for all judges throughout the federation bearing in mind that judges in Lagos, Abuja, Port Harcourt, Anambra and some other jurisdictions do more than even 10 judgments a year. “One must, therefore, question the wisdom behind restraining the judgments to such a minimum”.

Pinheiro also picked hole with the Practice Direction for not indicating the nature of the four judgments, whether it must be that of full trial or originating summons or fundamental human rights procedures or originating motions. He said: “Clearly in my view, there is some level of lacuna in the practice direction in this regard.“My respective view is that minimum judgment be set for particular jurisdictions. In any event, I must commend the CJN for this bold and courageous initiative”, he added.

Court dismiss suit against NASS Service Commission


 The National Industrial Court on Tuesday in Abuja dismissed a suit filed against the National Assembly Service Commission by a former employee, Mr Chisa Ordi. Ordi had sued his former employer for alleged unlawful termination of his employment. Dismissing the suit, Justice Oluseun Shogbola said the issue for determination by the court was whether the defendants followed the procedures in terminating the claimant’s employment.

Shogbola held that the commission complied with the provisions of its conditions of service in terminating the employment of the claimant. She said the commission had the powers to terminate the employment of any of its officers found wanting in the discharge of his or her duties.

“Where a contract of employment is properly terminated, an employee cannot challenge such termination.
“Considering the evidence before this court, the claimant, who was employed as a clerical officer in 2004 on probation, had been issued several queries and warning letters. “It is my view that the termination of the employment of the claimant on April 19, 2006, was in accordance with the provisions of the commission’s rules and regulations and it therefore subsists,’’ Shogbola ruled.

NBA wants Governor’s Forum scrapped


NATIONAL President of the Nigeria Bar Association (NBA), Mr. Okey Wali (SAN), has called for disbandment of the Nigerian Governor’s Forum (NGF) as there is a world of difference between the National Governor’s Association (NGA) in the United State of America (USA) where the practice is copied from and what the NGF in Nigeria is doing.

Wali, who canvassed this position at the opening of the National Executive Committee (NEC) meeting of the association Thursday in Yenagoa, the Bayelsa State capital, said as a matter of urgency, the governors of the 36 states in the country should quickly resolve their crisis and get on with the business of governance which is the primary objective of their being elected governors.

Wali had insisted that if the governors can not resolve their crisis and face the delivery of democracy dividends to their electorate they must dissolve the body and stop the distraction as the citizens will call on them in or out of government to give account of their stewardship. Beside the fact that the 1999 Constitution, as amended, does not give provision for a body such as the NGF, the NBA president said the governors’ forum is enmeshed in politics and power tussle unlike the USA governors association, the mission of which is to provide bipartisan forum for governors to exchange views and share best practice, identify priority issues and work with fellow governors to establish bipartisan position to influence key federal policies
On the state of emergency declared in three Northern states, Wali said the Bar supported the declaration subject, however, to the security agencies abiding by their rule of engagement which will guarantee respect for fundamental human right of the citizen concern in compliance with the rule of law.

Court jails woman five years for cannibalism


Itu High Court in Itu Local Government Area, Akwa Ibom State, has sentenced a 30-year-old woman, Mrs. Blessing Edet, to five years for cannibalism. Edet had on December 29, 2010, during a brawl, bit the ear of her neighbour, Mrs. Edidiong Edet, chewed and swallowed the same. Edet and Edidiong were living in the same house at Enen Afaha Itam area of the state.

The presiding judge, Justice Godwin Abraham, condemned the act by Edet, describing it as barbaric. He warned her to desist from criminal activities. Abraham, before pronouncing the jail term on Edet, said the accused committed the offence and caused grievous bodily harm to the victim contrary to Section 344 of the Criminal Code 2000 Law of Akwa Ibom State. Abraham said, “This honourable court, hereby sentences the accused person, Mrs. Blessing Edet, to a five-year jail term as a first offender. This will serve as a deterrent to others.”

The convict remained impassive during the proceeding and after the judgement. Her husband, Ifiok, handed their one-year-old baby to Blessing to serve prison term with her.

Meanwhile, three other persons accused of murdering Captain Eno Udoh (retd) have been remanded in prison custody till June 27, 2013. Nnamso Okon, Victor Elijah and one unidentified person were alleged to have conspired and murdered Udoh in September 30, 2010. They, however, pleaded not guilty to the charge.


Rape: Police demote Inspector, dismiss station guard

The Zone 5 Police Command, Benin, has demoted a police inspector, while another policeman, a station guard, was dismissed over the rape of one Mrs. Esse Ozegbe, who was thrown into the same cell with two men at the Abraka police station.

The station guard, whose name was not disclosed, was on duty at the time the crime was committed, while the inspector, Mrs. Erebi Akporunor, was demoted to the rank of Sergeant. The punishment was the outcome of an orderly room trial of 11 police officers implicated in connection with the rape saga.

Ozegbe, who was arrested on February 26, 2013, following a quarrel with a neighbour, was said to have been detained along with some men at the Abraka Police station, Delta State, where two of them were said to have raped her in turns, while the policemen allegedly turned a deaf ear to her cries for help. 

The two men, who allegedly raped Ozegbe, are said to be currently standing trial at a magistrate’s court in Abraka. Meanwhile, Ozegbe through her counsel, Efe Ejomafuvwe, has instituted a suit at the Federal High Court, Warri, over the matter. Ozegbe in the suit is claiming N750 million damages against the Nigeria Police. Hearing in the case was fixed for June 13.