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Justice Monica and the Rule of Natural Justice

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For Plato, Justice is a virtue establishing rational order, with each part performing its appropriate role and not interfering with the proper functioning of other parts. Aristotle says justice consists in what is lawful and fair, with fairness involving equitable distributions and the correction of what is inequitable.  

For Kant, it is a virtue whereby we respect others’ freedom, autonomy, and dignity by not interfering with their voluntary actions, so long as those do not violate others’ rights; Mill said justice is a collective name for the most important social utilities, which are conducive to fostering and protecting human liberty.

Today, it’s fresh news that President Muhammed Buhari in his wisdom has sent the nomination of Justice Monica Dongban-Mensem to the senate for confirmation as President of the Court of Appeal via a vacuum created following the retirement of quintessential Jurist, Retired Justice Zainab Bulkachuwa this year 2020.

The Court of Appeal under Justice Monica has continued maintaining its independence and integrity which serves as a cornerstone to the rule of law and of a democratic state and has witnessed unprecedented achievements.

Even with Covid-19, she maintained that Court as the hope of common man cannot be close due to the pandemic because many people would suffer. She vehemently believed that delay in the administration of Justice is injustice itself. 

Though the late in the presidency to forward her name for senate for confirmation has caused much uproar in our dear nation today, and no one has come out with neither satanic nor unlawful allegation against the expected nomination.

One of the ancient philosophers, John Rawls analyzed justice in terms of maximum equal liberty regarding basic rights and duties for all members of society, with socio-economic inequalities requiring moral justification in terms of equal opportunity and beneficial results for all.

Succinctly, after 3 months of Presidency scrutiny and has any reason to nail her, then she is as clean as a new baby and deserves to be confirmed without any delay.

One of the universal accepted qualities of God Almighty is Justice, God in itself hates injustice. Irrespective of social or political permutation we must deviate from any gains of Injustice. After all, nothing last forever. Either we like it or not in the next 1000 years they would forget our existence.

Someone cannot be correcting wrong in society and the same fellow suffering injustice from the society she swore to protect. In fact, history will not forgive us. 

Her appointment in acting capacity does not come as a surprise to her by virtue of her last position as second in command to the immediate president, Justice Zaynab Bulkachuwa, in fact, the National Judicial Council after careful screening confidently nominated her to President Buhari simply because they believed she can pilot the affairs of the court in line with the best global standard.

For St. Augustine, the cardinal virtue of justice requires that we try to give all people their due; for Aquinas, justice is that rational mean between opposite sorts of injustice, involving proportional distributions and reciprocal transactions.

To common man, the name Monica may sound new in the administration of Justice, but to the disciples at the temple of Justice, Justice Monica is known for Justice, Equity and Fairness.

I believe the thought of the founding fathers that allow people to serve in an acting capacity is to see whether the person is fit and capable in brain and size to deliver on the mandate of the new office. For someone who had a rigid history of competency and astuteness and has never been found wanting should not be allowed to suffer before we do the needful. 

Without any fear or favour, we don’t need any soothsayer or masquerade to inform us that her journey to the bench is a testimony that must come to full fulfilment.

Abiodun Writes from Abuja.

 

 

Industrial Court awards N2 Million psychological trauma Damages against firm

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The Presiding Judge, Benin Judicial division of the National Industrial Court, His Lordship, Hon. Justice Adunola Adewemimo has ordered C&I Leasing Plc to immediately obtain and handover to Mr Harry Akpisheri Yearly Tax receipts and clearance certificates from February 2009 to December 2016; or If unpaid, pay the taxes applicable with attendant fines/cost of default to be assessed by the relevant tax authority and obtain tax receipts/ tax clearance certificates covering that period and hand same over to Mr Harry.

 

The Court also ordered the firm to pay Mr Harry the sum of N433,243.56k annual leave allowance for 2016, N2,000,000.00 (Two Million Naira) general damages for the psychological trauma and hardship suffered, and One Hundred Thousand cost of action within 30 days.

 

In summary, the case of the claimant is that he was employed vide a letter dated 20th February 2009 and worked till 27th June 2014 when his employment was terminated due to restructuring and was later renewed on 1st July 2014, and later retired in December 2016.

 

The claimant stated that upon his retirement, he requested for a letter of disengagement/retirement to access his retirement savings but the defendant failed to comply with his request.

 

That his solicitors wrote to the defendant to demand for his letter of retirement, his annual leave allowance for 2016, tax receipts and tax certificates, but the defendant persistently refused to meet his demands, pleaded that the action of the defendant subjected his family and himself to untold hardship.

 

In opposition, the defendant submitted that the claimant opened retirement savings account into which his statutory deductions were remitted, but unaware of any formal requirement to produce a letter of disengagement/retirement to gain access to the pension funds, that the Collective agreement relied on by the claimant was not in existence at the commencement of the claimant’s employment for a fixed term, and thus not applicable to him.

 

The defendant denied that the claimant made any formal request that the certificate of retirement dated 2016, was issued, but unable to deliver same because the address provided by him on his record turned out to be fictitious. The certificate was however eventually transmitted to the claimant after the institution of the suit.

 

Furthermore, Counsel to the defendant objected and submitted that the Court lacks the jurisdiction to entertain the suit because the claimant is no longer in the employment of the defendant, at the time of commencement of the suit and claim for terminal benefits, urged the court to dismiss this suit and award a cost of N2,000,000.00 (Two Million Naira) in his favour.

 

In reply, learned counsel argued that claimant’s action is for his unpaid leave allowance and his tax certificate and receipts, in the light of the application of collective agreements to his employment with the defendant, urged the court to enter judgment in favour of the claimant by granting the reliefs sought.

 

Delivering Judgment, the presiding Judge, Justice Adewemimo dismissed the objection for being unmeritorious and held that matters pertaining, incidental to or connected with employment relationships, interpretation of collective agreements are well within the jurisdiction of the Court, and same can validly be entertained by the court.

 

“A study of the evidence on record in this case, and Exhibit KP3- collective agreement reveals that it is an agreement between the defendant and the NUPENG of the defendant’s branch. It is also in evidence that the claimant was a member of NUPENG and in proof, the claimant tendered Exhibit KP4(i-ix)i.e. Payslips which reveals that deductions were made from his salary for the claimant’s union.

 

“In the light of all the above, it can be safely concluded that collective agreement is to apply to new and existing members of NUPENG who are in the employment of the defendant, for the duration of the collective agreement.

 

“The defendant’s assertion that ExhibitKP3 does not apply to the claimant in this wise is untenable. The collective Agreement i.e. ExhibitKP3 having come into existence during the claimant’s employment and before his retirement from the defendant, becomes the operating collective agreement applicable to him, based on the evidence led in this case. I find further that It will be a grave injustice to suggest otherwise, as, without doubt, the claimant is at all material times entitled to any benefits of the employment that accrues during the pendency of his service.” Justice Adewemimo

 

Akorede Council Boss Congratulates Muslim Ummah at Ramadan ….Urges prayers for Oyo,Nigeria.

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The Caretaker chairman Akorede LCDA  Hon.Wahab Kazeem Laskaz, has congratulated and welcome  all muslim faithful to  this year’s Ramadan fast which is one of the pillars of Islam.

 

The LCDA Chairman in a statement through his Information Officer, Kehinde Balogun,  urged muslims to be their brothers keeper during the fasting, emphasising the need for love, peace and harmonious relationship with neighbours and anyone they come in contact with.

 

He also urged them not to forget to use the time to reach out to the less privileged in their communities and society at large.

 

According to the Council boss Ramadan should a period for repentance and charity for Muslim Faithful as dictated by the holy book, hence beyond our relationship with Allah, the creator, Muslims should  always allow such to reflect in their day to day activities and dealings with other people, especially the people of other faith.

 

Hon.Wahab also stressed that Muslims should not forget the teachings of the Prophet as laid down by Holy Quran and Hadith, and charged them to use the  period  to double their efforts in praying for Oyo State, Akorede LCDA, and Nigeria as a whole for Almighty Allah to put end to the ravaging covid-19  pandemic, which has destabilized the whole world.

 

Hon.Wahab prayed for those in positions of authorities at all levels  that God will continue to guide them aright for a better Nigeria.

 

The Chairman reminds the Faithful to always take into cognisance by observing all precautions put in place by Oyo state government under the leadership of Engr. Seyi Makinde to combat the global covid-19 pandemic.

South-West Professionals Forum Mourns exit of foremost Nationalist Chief Richard Akinjide SAN

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The South-West Professionals Forum has commiserated with the Akinjide’s family, good people of Oyo State, South-West region and Nigeria in general over the death of Chief Osuolale Abimbola Richard Akinjude, SAN; an icon of the legal profession, and a foremost Nationalist, prayed to the Almighty God to grant all the fortitude to bear the loss.

The forum made the remark in a release signed by the Chairman, High Chief Niyi Akinsiji and the Secretary, Fatai Abiodun.

The Forum also described Chief Akinjide as a reputable lawyer and a Senior Advocate who played a prominent part in Nigeria’s politics and governance, expressed that South West has lost one of its think-tanks.

Read the Press release….

In total submission to the will of Almighty God, we the Southwest Professionals Forum received with great shock the news of the passing of one of our Elder Statemen in the South West Region, Chief Osuolale Abimbola Richard Akinjude, SAN; an icon of the legal profession, and a foremost Nationalist.

Chief Richard Akinjide passed away in the early hours of Tuesday 21st day of April 2020 at his home state, Ibadan, Oyo State; Born on November 4 1931.

Chief Akinjide’s as a reputable lawyer and a Senior advocate played a prominent part in Nigeria’s politics and governance. He was a Federal Minister of Education in the first republic and a member of Constitutional Drafting Committee between 1975-1977, and was also Nigeria’s Attorney General and Minister for Justice in the second republic.

Chief Akinjide’s contributions to the Bar as President between 1970 to 1973 were immense and his place in the history of the Nigerian legal profession will remain evergreen.

As we commiserate with the Akinjide’s family, good people of Oyo State, South-West region and Nigeria in general, We pray for the peaceful repose of the soul of Chief Richard Akinjide, and for the Almighty God to grant all the fortitude to bear the loss.

Adieu!

Signed

High Chief Niyi Akinsiju- Chairman

Fatai Abiodun- Secretary

To The New Generation Of Public Officers Edith C. Yassin

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Before you become a public office holder, you must realise that the people or citizens are your employers.

 

They have a right to ask you questions and comment on your actions or inactions. It is a given.

 

Thereafter, it is up to you, as a public office holder to conduct and portray yourself the way you want to be seen and perceived.

In many developed countries, image management is a thriving industry with intellectuals and technocrats as drivers.

 

In Nigeria, public office holders see themselves as demigods and not accountable to the citizens. In recent times a commissioner in Kogi state has been accused of beating and sexually abusing a lady for commenting about his life style via social media.

 

Many ignorant people said she deserved what she got for not minding her business. Governance social contract however, tells us that every public servant is the citizens’ business. It is only when citizens hold public officials to account that a developed nation is birthed.

 

Accountability, transparency and information sharing are tools that shape reality and perception.

 

If as a public office holder you shun all opportunities to interact with citizens, act aloof and believe you owe allegiance only to your primary desk, even when you are aware of negative perceptions, then you have no one to blame but yourself.

 

As more citizens become aware of their role in governance and democracy, the charade of many charlatans and sycophants as media aides will come to an end.

 

The biggest public relations stunt of all is results. When citizens have constant and affordable electricity, taps that run, safe public schools, accessible healthcare, easy transportation and trusted security, no one needs tell them that public office holders are working.

 

Even Nazis who ran concentration camps had family and friends who saw their loving humane sides. The world though, knows them as murderous evil men. These are facts of life. Actions and inactions have consequences. They were to all intent and purposes public officers.

 

When you hold public office, trust has to be earned. It cannot be conjured. Once you step up for public office be ready for scrutiny and more, it comes with the job. Do not pretend otherwise.

 

Citizens worry daily about basic needs that are yet to be met in this 21st century. They care little about you, unless you hold their commonwealth in trust.

 

Public office is not an opportunity to enrich yourself, family and friends. It is a chance to serve your community, your country, selflessly.

So that when you depart, your good works will be too glaring to be denied.

 

#OneLove

#StayHome

#Covid19IsReal

Abba Kyari: The end of an exemplary Loyalty and Hardwork by Fatai Abiodun

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On Saturday 18th April 2020 the entire nation woke up to read the passage of the President Buhari Chief of Staff, Late Abba Kyari who died at the age of 82 years as a result of the contamination of the pandemic Corona Virus code-named Covid-19.

Unarguably, he was the engine of the engine room of the Buhari’s administration; a committed and honest patriot who caught a deadly virus in the line of duty.

Abba Kyari hailed from Borno State, North-East Nigeria and obtained a Bachelor of Arts Degree in Sociology from the University of Warwick, England, in 1980. He also obtained a Bachelor of Arts Degree in Law from the University of Cambridge, England and was called to the Nigerian Bar in 1983. In 1984, he then proceeded to obtain a Masters’ Degree in Law from his alma mater, the University of Cambridge.

As an administration savvy, Kyari attended the International Institute for Management Development at Lausanne, Switzerland, and participated in the Program for Management Development at the Harvard Business School, in 1992 and 1994 respectively.

In furtherance to his contributions to the growth of the Nation, Abba Kyari was a recipient of the Nigerian Honor Award of Officer of the Order of the Niger (O.O.N).

However, I have read with dismay the argument over the sudden loss of this great hero who sacrificed everything to display loyalty to his boss by virtue of the office he occupied.

To many people who know what it takes for someone to be appointed as chief of staff, apart from the administrative skills, the remaining important ingredient is loyalty.

Loyalty, allegiance, fidelity all imply a sense of duty or of devoted attachment to something or someone. Loyalty connotes sentiment and the feeling of devotion that one holds for one’s country, creed, family, friends, while allegiance applies particularly to a citizen’s duty to his or her country, or, by extension, one’s obligation to support a party, cause, leader and  Fidelity implies unwavering devotion and allegiance to a person, principle, etc.

From the recent article I wrote earlier on loyalty, let me repeat here again that loyalty is 100 per cent nothing more, nothing less. The means of bending corner to prove loyalty is demeaning.

One does not need to be told that late Abba Kyari was a loyal ally of President Buhari’s and was loyal to the core.

The success recorded by the Buhari administration cannot be said without his contributions, sacrifice and dedication. In fact, if there is anyone who wants and believes Buhari to succeed, then Its Abba Kyari.

The cabals in the presidency were the ones sharing concocted news that Abba Kyari assignment was affecting the office of the Vice President, and I asked if they can give one scenario where the constitutional power given to the office of the Vice President has been trampled upon by the Kyari? Till date, no one can come out with any fact or evidence.

At least if one is not so close to the presidency, one can learn from his state that the Chief of Staff to the governor is more notice than the Deputy governor, if you are doubting this, check your state of origin. In fact, I called him Presidency life wire.

The beer-parlour insinuation that Abba Kyari is maltreating Vice President Osinbajo is watery and unsubstantiated and every member of the society must refrain from this satanic allusion.

Undoubtedly, Kyari was an influential figure within the Buhari presidency as was responsible for implementing the President’s agenda behind the scene. He has a full understanding of the president and ready to sacrifice all.

While in office, he was very dedicated to the assignment bestowed on him. That he died from a virus he contracted on a national assignment to Germany while discharging the huge burden of trust, makes him, indeed, a national hero.

If Abba Kyari was the one blocking Appointment of those castigating him on CBN and NNPC or the reason why they couldn’t make it in life, now that  Abba Kyari is no more, they can go and explore the world and become whatever they wanted to become and never be a useless person again.

Lastly, I also wish to lend my voice with millions of Nigerians to commiserate with President Muhammad Buhari, Kyari’s family and the people of Borno State over the loss of the departed soul, May Allah accept his return and forgive him all his shortcomings and grant the soul Aljanah Firdaous. Allahumo Igfirili Warihamuhum. Amin

Verily, an epitome of loyalty, hardwork and dedication has gone to rest and this is another reminder to all of us that truly death is an inevitable end. May God give us a perfect end. Amen.

Fatai Abiodun ICT Expert| Public Affairs Analyst| Media Guru

Writes from Abuja

albarka200709@yahoo.com

Buhari’s Chief of Staff, Abba Kyari is dead

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The Chief of Staff to President Muhammadu Buhari, Abba Kyari, is dead. His age is unclear at this time.

Mr Kyari died of coronavirus. He received treatment at a private hospital in Lagos.

His death was announced by presidential spokesperson, Femi Adesina, in a Tweet early Saturday.

“Chief of Staff to the President, Mallam Abba Kyari, passes on. May God rest his soul. Amen. Funeral arrangements to be announced soon,” Mr Adesina wrote.

Mr Adesina later sent PREMIUM TIMES a short statement, saying, “The Presidency regrets to announce the passage of the Chief of Staff to the President, Mallam Abba Kyari. The deceased had tested positive for the ravaging COVID-19 and had been receiving treatment. But he died on Friday, April 17, 2020. May God accept his soul. Funeral arrangements will be announced shortly.”

COVID-19: Numbers This week: How Has Nigeria Fared?

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As of April 9, Nigeria has 288 confirmed cases of Coronavirus, a 55 per cent increase in the figure recorded at the end previous week (April 2).

There has been a moderate increase in confirmed cases recorded in the country and this is as a result of the low testing carried out by the Nigeria Centre for Disease Control, the agency at the frontline of battling the virus in the country.

In the last week, the agency has come under intense pressure due to perceived refusal to test average Nigerians with priority given to influential individuals or politicians.

This has also been fuelled by the decision of the agency to stop updating the number of screening and tests it has carried out.

There have been an additional 104 cases in the last one week spread across Lagos, Edo, Osun, Ondo Oyo, Kaduna, Kwara, Rivers, Delta, Katsina, Bauchi States and the Federal Capital Territory.

Of the 104 cases, Lagos recorded the highest number with 60 cases followed by FCT that has 16 cases and Edo with eight cases.

Other cases were recorded in Osun, six cases; Oyo and Bauchi with three cases each; Kwara and Delta have two cases each while Kaduna, Ondo, Rivers and Katsina all had single case each.

While states like Edo, Katsina and Kwara recorded their first cases, other states with high cases enforced lockdown and restriction of movements in a bid to curtail the further spread of the virus.

In enforcing the order, Lagos and Ogun governments began the sharing of relief materials to cushion the effect of the lockdown.

However, in what seems like a reckless move, some state government are beginning to relax the ban on large gatherings.

While these states have only recorded few cases, there exists a fear that the lifting of the ban on social gatherings could lead to the spread of the virus.

The Nigerian Government approved the move for 15 Chinese doctors to be brought into the country to fasten the process of fighting the virus in the country.

The 15 personnel were shipped into the country by and through the singular efforts of the China Civil Engineering Construction Corporation.

The medical personnel would be training health workers at the frontline of the battle against COVID-19 and also oversee activities of the health workers.

In preparation for a possible influx of infected persons, the NCDC is overseeing the setting up of new COVID-19 isolation centres.

The agency has also increased the number of tests done in Lagos and Abuja to 2,000 and 1,000 respectively.

On the bright side, over 58 persons have so far been discharged from isolation centres in different parts of the country.

 

Like Ondo, Rivers govt cancels Easter Sunday church services over COVID-19

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The Rivers State Government on Saturday reversed its decision to allow Easter Sunday service in churches across the state.

Rivers became the second state to reverse its decision on the Easter Sunday service after Ondo State government had had earlier on Saturday cancelled church programmes after the state recorded its second case of coronavirus.

The state government had last month banned religious gathering of more than 50 people in the state.

However, the state government on Thursday temporarily relaxed the restrictions on large religious gatherings to enable Christians to carry out their religious obligations during the Easter period.

Governor Nyesom Wike said the directive also permitted the Muslim community to observe their Jumat prayers within the period.

But in a statement signed by the state Commissioner for Information and Communication, Mr. Paulinus Nsirim, the government said it had cancelled the concession granted churches to hold full Easter church service.

The statement read: “The Rivers State government has cancelled the concession granted churches to hold Easter church services with their full congregations.

“This decision was taken after due consultations with eminent clergymen, well-meaning Nigerians, and civil society groups.

“For the avoidance of doubt, churches should stick to the 50 persons per service to maintain social distancing.”

 

BREAKING: Buhari extends COVID-19 lockdown, charges Nigerians to endure more

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President Muhammadu Buhari Saturday implored Nigerians to comply with the government’s directive on movement restriction “once more” in order to defeat the COVID-19 pandemic that had infected 305 Nigerians in the last few weeks.

The president in a statement issued by his Senior Special Assistant on Media and Publicity, Garba Shehu, thanked Nigerians for their patience, resolve and strong determination to defeat the coronavirus.

He also promised more interventions for vulnerable citizens in the country.

President Buhari had on March 29 ordered a total cessation of movement in Lagos, Ogun, and the Federal Capital Territory for an initial period of 14 days in a bid to check the spread of the disease in the country.

He said: “But we must ask you – once more – to observe restrictions on movement where they are in place, and follow the instructions of our scientists and medical advisers: stay home, wash your hands, save lives.

“The freedoms we ask you to willingly forsake today will only last as long as our scientific advisers declare they are necessary. But they are essential – world over – to halt and defeat the spread of this virus.

“For those who suffer most egregiously, the Government has announced multiple measures to assist: 70,000 tonnes of grain is being released from the National Strategic Grain Reserves for distribution to those in most need; distribution of small cash payments are also being made, and will continue to be made by the federal government in the states and local government areas.”

The president urged members of the public to follow public announcements via the mass media for instructions as to how to receive government support, and learn of more public assistance in the coming days.

Buhari added: “All that the government is asking you to endure is because nowhere in the world today is there any known way of defeating this pandemic. There is no vaccine. And that means there are choices to be made: between continuing as usual, or accepting the restrictions even when they come with unintended consequences.

“But at this darkest hour, it remains our duty to offer you the full and unvarnished truth: This is a global pandemic — 210 countries and territories across the globe are affected. We cannot expect others to come to our assistance. No one is coming to defeat this virus for us.

“Instead, the defeat of the virus in our country will be in our hands, alone. We cannot wait for others. We can only depend on ourselves now. And so we must — and we will — end this outbreak ourselves as Nigerians, together.”