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Ubani withdraws suit against Malami over lawyers’ rule amendment

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A former Vice-President of the Nigerian Bar Association, Monday Ubani, says he is withdrawing the suit he filed to challenge the Attorney General of the Federation, Abubakar Malami (SAN), on the unilateral amendments he made to the Rules of Professional Conduct for Legal Practitioners 2017.

Ubani in a statement said he was withdrawing the suit after learning about the possibility that it might be used as an excuse to scuttle the ongoing efforts to resolve the matter amicably.

He said that the leadership of the Bar at the highest level has reached out to him to have the lawsuit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of the unnecessary rumble within their revered body.

FG restates commitment to job creation

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The Minister of Environment, Dr Mohammed Mahmood, has pledged the Federal Government’s commitment to training of beneficiaries of high-pressure polyurethane foaming machines to create more jobs.

Mahmood made the pledge during inauguration and hand over of four sets of portable high-pressure polyurethane foaming machines to beneficiary companies in Lagos.

The News Agency of Nigeria (NAN) reports that the minister supervised a demonstration of how the equipment worked.

The equipment is a spraying and pouring machine under the UNIDO component of stage II of the Hydrochlorofluorocarbons (HCFCs) phase-out Management Plan (HPMP).

While handling over the machines to beneficiaries, the minister commended UNIDO and the Multilateral Fund of the Montreal Protocol for their assistance.

He said that the machines were intended to help beneficiaries manage their transition from the use of HCFC based foaming equipment to HCFC and Hydrofluorocarbon (HFC) free ones by replacing the existing equipment to use environment friendly methyl formulae (MF) as the foaming agent.

Mahmood added that the transition was aimed at phasing-out the eligible consumption of 30.5 metric tonnes of HCFC-141b used in the manufacturing of polyurethane foam in the production of cold rooms and other commercial refrigerators.

“In order to achieve this phase out target, the government, in collaboration with UNIDO, will ensure that adequate training is provided on the use of the machines, inspect the installation and routinely monitor their use,’’ the minister said.

The Regional Director of UNIDO, Mr Jean Bakole, explained that Nigeria, in conjunction with UNIDO, was not only contributing to the protection of the ozone layer but also supporting the industrialisation drive in the country.

“Nigeria, being a party to the Montreal Protocol, has an obligation to phase-out HCFCs.

“This cannot be achieved without the manufacturing and servicing players of refrigeration and air-conditioning, agriculture, fire-fighting sectors and so on,’’ Bakole said.

He said that the UNIDO-Nigeria Country Programme spanned from 2018 to 2022 and had nine programmatic components with component eight as Environmental Protection.

“This country programme will contribute towards the industrialisation drive without compromising the Nigerian Environment.’’

Responding on behalf of the other three beneficiaries, Mr William Adebisi of Coldcare Limited, thanked the government for the gesture.

Adebisi promised that the beneficiaries would put the machines to good use and create more employment opportunities. (NAN)

Makinde inuagurates N2.5bn Ajoda Housing Estate project

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Governor Seyi Makinde of Oyo State has inaugurated the construction of 360 units of houses at Ajoda New Town Housing Estate in Ibadan.

Gov. Seyi Makinde of Oyo State, on Wednesday, inuagurated the construction of 360 units of houses at Ajoda New Town Housing Estate in Ibadan.

The News Agency of Nigeria, (NAN) reports that the project, which is Public Private Partnership in collaboration with Remax Realtors Limited, will cost N2.5 billion.

The housing units consist of 2-bedroom semi-detached, 3-bedroom semi-detached and 3-bedroom detached.

Speaking at the occasion, Makinde said the project was in fulfilment of one of his campaign promises.

“Those who have taken time to study our Roadmap for Accelerated Development in Oyo State, 2019-2023, would have come across our promise to facilitate private sector driven housing delivery through Public-Private Partnership (PPP) initiatives.

“The government, through the Oyo State Housing Corporation (OYSHC), is providing 13 hectares of land for the scheme, while the developer will solely finance the entire project.

“The project will cost N2.5 billion and, upon completion, the developers will recoup their finances when the houses are sold.

“We have seen the wisdom of getting developers to commit to projects by using their own monies to carry them out.

“Some people may wonder why we are starting off in Ibadan Zone.

“Well, the need for an affordable housing scheme in Oyo State is clearly evident.

“Statistics show that the population of the capital city has been growing at over two per cent since 2018 with a peak of over 2.5 per cent in 2020.

“So, half of the population of Oyo State live in Ibadan zone.

“But that the project is starting in Ibadan zone, does not mean that it will end here.

“Our plan is to replicate these housing units in other parts of Oyo state in the shortest possible time,’’ Makinde said.

He assured the people of the state that the Ajoda New Town scheme of the state government and other housing schemes under the supervision of OYSHC across the state would be fully revived.

He called on all interested members of the public, who were desirous of buying land in any of the government schemes, to approach the appropriate government agencies for that purpose.

Earlier, the Chairman of the corporation, Chief Bayo Lawal, said OYSHC’s mission was to provide site and services, undertake provision and development of residential, commercial and industrial estates to members of the public has remained the guiding principle of the corporation.

He said that the flagging off of the construction of the estate was another giant step by the Makinde’s administration to ensure that people have access to decent accommodation at affordable prices.

He called on other prospective investors to collaborate with the corporation to make accommodation accessible.

He said that the corporation had adequate land in all the nooks and crannies of the state and called on indigenes of the various communities, where the corporation estates were domiciled, to partner with the corporation for speedy development of the estates.

He also use the opportunity to invite individuals, who were desirous of owning land for either residential, commercial or industrial development, to approach the corporation.

In her welcome address, the Managing Director of Remax Realtors Limited, Mrs Adefunke Adesoji, said the 360 units of houses would be ready in the next nine months.

Adesoji implored the governor to encourage civil/public servants to buy from the houses.

Highlight of the occasion was the turning of the sod by for the commencement of the construction works by the governor.

(NAN)

[Political Thuggery]: Seven Remanded in Akure

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Seven suspected political thugs arrested last week with firearms in Ose Local Government, Ondo State, have been remanded at the Nigerian Correctional Service Centre, Olokuta in Akure.

They were remanded by an Akure Magistrate Court presided over by Magistrate Tope Aladejana.

The seven suspects were arrested by security agents along Ikaro road, Ifon headquarters of Ose LGA on September 19, 2020 while parading the town with a branded campaign vehicle of Eyitayo Jegede, candidate of the People’s Democratic Party for the Ondo governorship election.

Jegede has since disowned the suspected thugs.

The Magistrate therefore ordered the suspects remanded to enable the police conclude investigations into the incident.

Ondo Attorney-General and Commissioner for Justice Hon. Adekola Olawoye, said prosecution of the suspects was part of the duty of any responsible government to protect its citizens under the provisions of law.

Hearing on the matter has been adjourned to October 22, 2020.

Trader seeks divorce over husband’s refusal to send children to school

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A trader, Adijat Omooni, on Wednesday prayed an Ile-Tuntun Customary Court in Ibadan, to dissolve her 10-year-old marriage to husband, Badmus over his alleged refusal to send their two children to school.

Omooni also told the court that she was afraid that her children would end up without an education if the court refuses to grant her prayer for divorce.

”My husband threatens to kill me whenever we argue. He has told me that he will not invest in his children’s education.

”He beats me in the presence of our children and my mate,” she alleged.

Badmus who resides in Fatusi area in Ibadan, gave his consent to the suit, but denied most of the allegations leveled against him.

“She is a troublesome woman. I have never enjoyed any single moment in the 10 years we have been married,” he said.

Chief Henry Agbaje, President of the Court, advised the couple to produce their parents, children and relatives in court.

He adjourned the case until Oct. 5 for judgment.

BREAKING: Court faults Buhari on judges’ appointment

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A Federal High Court in Abuja has faulted the decision by President Muhammadu Buhari to forward the names of 11 lawyers nominated for appointment as judges of the High Court of The Federal Capital Territory (FCT) to the Senate for screening and confirmation.

In a judgment on Wednesday, Justice Inyang Ekwo held that President Buhari acted in contravention of the provision of Section 256(2) of the Constitution when he forwarded the recommended names, sent to him by the National Judicial Council (NJC), to the Senate.

Justice Ekwo said the only instance where the President can forward NJC’s recommendation to the Senate, in respect of a High Court judge’s appointment, is when it relates to the appointment of a head of court, like the Chief Judge.

The judge however held that the fact that President Buhari contravened the provision of Section 256(2) of the Constitution did not affect that swearing-in of the judges.

Details shortly…

Igga Autonomous Community Drags Monarch, Police to Court Over Alleged Harassment, Intimidation

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IGGA autonomous community in Uzo-Uwani Local Government Area of Enugu has dragged their traditional ruler, Igwe Herbert Ukuta and Enugu State commissioner of police to Court, alleging violation of the fundamental rights of some of their leaders through threat, harassing and intimidating them.

In an application for order of fundamental rights, filed at an Enugu High court by four of their leaders, the community prays the court to restrain the police from arresting, threatening and intimidating their leaders, allegedly at the prompting of their traditional ruler.

Joined in the suit are their monarch, Igwe Herbert Ukuta, Enugu State police commissioner, one Inspector Paul Igwe and the Enugu State Government. The applicants alleged that the harassment and intimidation being meted to them are “wrongful, unlawful and a gross violation of their fundamental rights”.

The application filed by Anthony Okonkwo, Benedict Okoye, Celestine Nnachetam and Richard Okoye for themselves and on behalf of the Igga community, said that they decided to approach the court following threats to arrest and detain them, allegedly at the behest of their monarch. According to them, their offence was that they prevented the monarch and his group from leasing their communal land to a firm, insisting that the entire community be involved in the lease deal and that the proceeds of the lease agreement go to the entire community.

Their action followed a petition from their monarch and others to the police, accusing them of “obtaining property under false pretences and criminal trespass to land belonging to the Igga, Ojjor and Ogurugu communities”.

Following the petition, the community alleged that the police have “threatened, harassed, intimidated and arrested its members and have continued to do so to the extent that they no longer sleep in their houses for fear of arrest and being dumped in jail”, allegedly at the behest of Mr. Herbert Ukuta and the Enugu State government.

Appeal Court President Sets up Edo Election Petition Tribunal

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The President of the Court of Appeal, Justice Monica Dongban-Mensem, has constituted a panel to preside over petitions arising from the just concluded Edo State governorship election.

A statement by the tribunal’s secretary, Sunday Martins, said the panel will conduct sittings at the High Court Complex, Sapele road, Benin.

The general public is hereby put on notice that the honourable President of Court of Appeal of Nigeria, Hon. Justice M.B. Dongban-Mensem, has established the Election Petition Tribunal secretariat and accordingly constituted a panel in respect of the governorship election conducted in Edo State,” the statement read.

“The honourable chief judge of the state, Hon. Justice E.A. Edigin, has graciously approved the use of High Court Complex (election petition court hall), Sapele road, Benin City for the tribunal exercise. The Secretariat is now open.

Governor Godwin Obaseki of the Peoples Democratic Party (PDP), was declared the winner of the September 19 election.

Obaseki, who won 13 out of the 18 local government areas in the state, secured 307,955 votes to defeat his closest rival, Pastor Osagie Ize-Iyamu of the All Progressives Congress (APC), who polled 223,619 votes.

Aggrieved candidates are expected to file their petitions within 21 days after the date of the declaration of results in line with Section 134 (1) of the Electoral Act.

Truck Drivers Drag States to Court over Alleged Excessive Taxation

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Truck drivers in the country have dragged the government of the 36 states and the Federal Capital Territory (FCT) before a Federal High Court in Abuja over what they described as ‘increasing excruciating taxes’ being levied on them by the governments.

In the legal action, the drivers under the aegis of Heavy Duty and Haulage Transport Association of Nigeria is praying the court for an order compelling the Attorney General of the Federation and those of the 36 states to stop the road blocks and collection of tax, levy or fee from heavy duty vehicles and haulage.

In an originating summons marked: FHC/ABJ/CS/1198/2020 and dated September 21, 2020, the drivers also joined the 774 local government areas in Nigeria through the Association of Local Governments of Nigeria (ALGON) and the National Freight Haulers Association as defendants in the suit.

The plaintiffs, through their lawyer, Mr. Abel Ozoko, are asking the court to determine whether under the provisions of Sections 59, 62(a) and 63 of Part 1 of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Sections 2 (2) and 3 of the Taxes and Levies (Approved List For Collection) Act, the states and local governments are prohibited from mounting road blocks for the purposes of tax collection.

The truck drivers attached newspaper publications which decried the extortion and harassment of its members on the highways, and the rising food crises as a result of difficulty faced by their members in conveying food to various parts of the country.

They are seeking a declaration of the court that the defendants “are by the provisions of Sections 2 (2) and 3 of the Taxes and Levies (Approved List for Collection) Act prohibited from mounting a road block in any part of Nigeria for the purpose of collecting any form of tax, levy or fee from heavy duty vehicles and haulage drivers.

“A declaration of this court that by Section 2 (2) and (3) of the Taxes and Levies (Approved List for Collection) Act, the four to 41 defendants are not empowered to collect any form of taxes, levies or fees from heavy duty vehicles and haulage drivers on any federal highway or federal/trunk roads in Nigeria.”

They are further demanding an order restraining the defendants from multiple taxation or further stopping or erecting or hindering movement of the plaintiffs by any means in any part of Nigeria’s highway or federal or trunk on any federal roads in Nigeria for the purpose of collecting any tax, levy from vehicles and haulage or fee from heavy duty drivers.

Meanwhile, no date has been fixed for hearing of the suit.

Supreme Court asked to reject Shell Oil Coy’s request to review N17bn judgment

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Supreme Court was yesterday urged to reject request by Shell Petroleum Development Company of Nigeria Limited to review and set aside a N17billion judgement entered against it last year.

The Supreme Court had in January 11, 2019, upheld the judgement of the Court of Appeal which slammed a whopping N17billion damages against the oil giant for oil spillage in Ejama-Ebubu in Tai Eleme Local Government Area of Rivers State.

The plea is contained in a preliminary objection filed by Chief Isaac Agbara and nine others to the application by Shell asking the apex court to set aside its earlier judgment in the matter.

The respondents, arguing the preliminary objection yesterday through their lead counsel, Chief Lucius Nwosu (SAN), described Shell’s request as scandalous and an affront to the finality of the Supreme Court of Nigeria.

Nwosu, while urging the court to dismiss Shell’s application for being incompetent, submitted that the Supreme Court cannot sit on appeal in its own judgment.   He further argued that the action of the oil giant was a deliberate abuse of court process with a weighty request based on 23 grounds.

Nwosu further contended that the Supreme Court by its unanimous judgement of January 11 last year put an end to the over 30 years old legal tussle on the oil spillage suffered by the respondents and their people in the oil producing region, drawing the attention of the panel to a letter of the Supreme Court in which the current Chief Justice of Nigeria, Justice Ibrahim Muhammad, while reacting to the January 11, 2019, judgement, made it clear that the appeal by Shell had become spent.

He further informed the court that the judgement being sought to be set aside had already been partly executed with over N1billion recovered by the respondents, adding that section 235 of the 1999 Constitution makes the Supreme Court the final court in the land and that no appeal could be entertained from the Supreme Court decision.

He therefore pleaded with the apex court to reject the invitation by Shell Company.

But Shell Petroleum Company, through its team of lawyers led by Chief Wole Olanipekun (SAN), described the opposition of the respondents as frivolous because it had no bearing with jurisdictional issue.

Olanipekun contended that what the respondents tagged a judgment was a ruling and not a final judgment.

He submitted that Shell’s request has a judicial precedence, adding that the oil giant would not have come back to the Supreme Court to seek for review of its judgment if there was no precedent.

He faulted the claim that the Supreme Court dismissed the appeal in its January 11, 2019, decision, arguing that there cannot be a dismissal when a matter had not been heard on merit, and therefore pleaded with the apex court to dismiss the preliminary objection to its client’s application for judgment review.

The five-man panel led by Justice Olabode Rhodes-Vivour, after listening to the submissions of parties, adjourned to November 27, 2020, for ruling.