Friday, May 1, 2026
Home Blog Page 898

The Justice system failed Achuba

0

Everyone knew that what the House of Assembly of Kogi State did was a legislative coup in connivance with the Governor of the State, Yahaya Bello. How i wished that my Lord, the Honorable Chief Judge of the State did not administer the Oath on the purported new Deputy Governor, who i understand is now the elected Deputy Governor.

 

Now, about 6 months after the sad incident occurred Judgment has finally been delivered but where is the justice in the judgment?

 

Achuba cannot go back to his former office. Probably, the court awarded punitive costs against all the Defendants (N500m each would not be too much). The full judgment will tell.

 

The game of the politicians is, let us do it anyhow and remove him; by the time he finishes from the court we would have been through with our tenure. The judiciary should not lend its hands to this dangerous games. It is an assault on the will of the people.

 

What happened in Kogi State was a constitutional cancer that can easily spread to other States. If the judiciary is to continue to be seen as the citadel of justice, cases like this should be given ultra-accelerated hearing, max 1 month, as the case was filed vide originating summons.

 

I ask again, where is justice in the judgment delivered in favour of Achuba? The real victim is not Achuba but the Nigerian Constitution that was openly and violently desecrated by persons who swore oath to protect, preserve and advance the provisions of the Constitution: the Governor of Kogi State and the House of Assembly of Kogi State.

 

My personal take.

 

Kunle Edun

Judgment and Justice In Nigeria

0

The proverb “the law is an ass” means the law as created by legislators or administered by the justice system cannot be relied upon to be sensible or fair. The philosopher Plato grudgingly wrote his book “The Laws” because he felt that an ideal state should be run on a perfect system of a philosopher king as contained in his book “The Republic”. Laws according to him, are unnecessary in an ideal republic. The existence of laws is a manifestation of failure of the republic. Of course he was writing about a Utopia where everything will be perfect.

Karl Marx, the 19th century German revolutionary philosopher even though a Jew did not believe in God but was influenced by Judeo-Christian belief about a heavenly paradise or utopia, built his philosophy on a material utopia. This was to be a utopia of a classless society on earth in which we would all work according to our ability and would take from the state according to our needs. In his utopia we would not need police, army, the judiciary and state bureaucracy which in the past was the instrument of control in the hands of the bourgeoisie. Religion which he described as the “opium of the people” would not be needed to deaden the nerves of the oppressed proletariat.

The point I am making is that right from the beginning of modern times, man has always suspected that there was something wrong with law and its administration. Modern states can only be run on the rule of law and the greatest body of laws in any state is the constitution which is the grundnorm on which modern states exist. Most constitutions are written with the exception of the British constitution which is unwritten but even there, there has accumulated over the years a body of constitutional traditions and acts of parliament which can now be referred broadly as British constitution.

Most constitutions are carefully negotiated by delegates chosen by the people and when the constitution has been agreed upon, they are sometimes subjected to national referenda. In our own case in Nigeria, the independence constitution of 1960 was carefully negotiated by our elected political leaders and was based on a compromise between those who wanted a unitary state and those who wanted a confederation like Canada. Eventually a midway of federation was agreed upon but it was not subjected to a referendum. There is no doubt, that if it were subjected to a referendum, the leaders would have ensured its passage.

Of course since the coup d’état of 1966 January and the counter coup of July the same year, our constitution has been bastardized beyond recognition. Now we run a unitary dictatorship and the puny administrative states run by prefects masquerading as governors have to toe the line of the Pooh-Bah at the centre .Even the administration of justice has suffered because it is the executive that chooses its members and funds it through budget presented to the legislatures. The question then arises if the courts are free and if its personnel have the cerebral wherewithal to administer the laws before them and if the right people are sitting on the judicial benches?

Several judicial decisions in recent times have created doubts in the minds of the Nigerian citizenry. Some of the faults may be due to the immaturity of our political system. It is only in Nigeria that the kind of judicial decisions that came out of the Supreme Court in relations to the gubernatorial positions in Zamfara, Imo and Bayelsa states could have come out. In the case of Zamfara, the dominant political party that won the gubernatorial position, the three senate positions and the House of Representatives and state assembly seats were by judicial fiat removed and replaced at all levels by the opposition thus imposing a one party state on the distressed state of Zamfara. Governor Yari, the departed APC governor does not deserve being defended but certainly the people of Zamfara have rights guaranteed by our poorly put together constitution. If the Supreme Court felt there was no democracy at the party level, it should have sent the whole thing back to the electorate for a new election so that the people can have the right to make a choice. This kind of judicial diktat is not only undemocratic but injurious to the fledgling democracy we are trying to embrace.

The situation in Imo is even laughable to say the least. The Supreme Court was reduced to counting the votes which INEC apparently missed out in deciding who won the Imo election. Opinions are divided over the propriety of the Supreme Court taking over the job of INEC. What the court should have done is to ask for a new election.

Finally, the Bayelsa case remains most amazing and beyond reason. Bearing in mind that the Supreme Court four years ago ruled in favour of Governor Yahaya Bello whose running mate Abiodun Faleke withdrew from the race and the man ran alone without a deputy. It is therefore beyond belief that the same court will not only nullify the election of a legally elected governor on the basis that his deputy was a liar. Could the court not have ruled removing the deputy while allowing the governor to find a new deputy or at worst could the court not have asked for a new election instead of foisting somebody who was rejected on the same electorate. The accusation of influence-peddling levelled against the lead judge in this case raises fundamental question of fairness in the whole scenario .The finality of judgements in the Supreme Court while  well recognized  in Nigeria as in other climes does not invalidate the argument of the accusation of what we are getting from our courts is judgement and not justice.

If this is happening at the Supreme Court, one can imagine the level of unfairness in lower courts at both federal courts of appeal, high courts and state high courts not to talk of magistrate courts, customary and Sharia courts. There have been instances of emotional outbursts and judgement based on open vendetta. There was the case of the disgraced University of Obafemi Awolowo University professor accused of improper conduct with a post-graduate student. The professor was accused of propositioning a lady and dangling marks before her if she would sleep with him. The student was mature enough to entrap the professor by recording their conversation on her phone. She lodged a complaint and the university council took up the case and dismissed the professor outright with no possibility of pension, gratuity or of ever getting any job again in the university system. That’s the law of the university. The professor was subjected to double jeopardy by being hurled before a bellicose female judge who in open court told the professor she would deal with him because she had a daughter in a university. She promptly sentenced him to five or so years without right of appeal for an offense the poor man had not yet committed!

Please my readers don’t get me wrong; my God does not want the death of a sinner but that he should repent. The professor deserves what he received but did he get justice? Did the emotion of the lady judge not override her sense of justice?

Two or so weeks ago another part-time lecturer from the University of Lagos was sentenced this time for raping an 18-year old girl looking for admission in the University of Lagos. The 47-year old man was not in a position to grant the poor girl admission. So this was a case of deception. Secondly, the two people knew themselves very well because the so-called lecturer was a friend of the girl’s father. So it was also a betrayal of trust. The judge was right to find the stupid man guilty and to deal with him appropriately. I don’t know whether the punishment for rape is seven years or 21 as pronounced by the judge. Should punishment be excessive before it reforms? This is a question jurists should answer? Perhaps we should begin to think of trial by jury so that the fate of offenders is not left to the decision of a single person no matter how learned he or she may be.

By Jide Osuntokun

 

Herdsmen Invade Benue With 4000 Cows

0

Tension has again gripped communities in Benue State following a massive influx of over 4000 cows and Fulani herdsmen in four local government areas of the state.

This is just as a suspected Fulani pastoralists last Sunday reportedly gang-rapped a mother of five children to coma in Ejule Owukpa, Ogbadibo Local Government area of the state.

The local government areas invaded by the Fulani herdsmen include Guma, Kwande, Agatu, Ado and Logo.

Residents in those areas told New Telegraph in confidence that the presence herds of cattle is frightening, stressing that some people have already started fleeing their homes.

“With the movement of large herds of cattle in our community, we are afraid because it portends danger. We recall the incident of the past years especially how hundreds of people were murdered and many others taken refuge in camps and are yet to return home uptil now,” a villager said.

The Community Leader in Logo Local Government, Chief Joseph Anawa said the herdemen who came in thousands with large number of cattle, took over parts of the local government a development he said has thrown most people in trepidation.

Commenting on the development, Chief Press Secretary to Governor Samuel Ortom Mr. Terver Akase alleged that the sudden influx of armed herdsmen in parts of the state is “politically motivated”.

Kano government cannot ban street begging, they are just trying to appease their masters abroad – Council of Ulamas slam Governor Ganduje

0

Governor Abdullahi Ganduje has suffered a huge knock from the Council of Ulamas, following his decision to ban street begging in Kano State.

 

Ibrahim Khalil, who is the Chairman of the Council considered to be “guardians, transmitters and interpreters of religious knowledge in Islam, including Islamic doctrine and law”, told newsmen on Wednesday February 26 that the Kano Government is ”not serious about the ban and are only trying to appease their masters abroad.”

 

Khalil stated that before street begging can be banned, the necessary steps towards curtailing the practice needs to be put in place.

 

He said;

 

“Our opinion is on three to five issues, firstly, if we view the history of banning street begging since the time of Sir Ahmadu Bello, when they were making efforts to ban street begging but were opposed by the Ulama because they saw it as a way of keeping people away from Quranic or religious studies.

“Even the government that says it has barred begging is not serious about it. It will ban it and after a while it will return. Just like the Hausa saying that ‘The king’s instruction lasts only seven days.

“The right steps have not been followed and begging cannot stop because the correct measures have not been put in place.

“The right steps to follow in banning street begging include firstly, the Quranic clerics involved have to be identified. Because there are street beggars who are Quranic students, there are beggars who are sent by their parents from the rural areas to come and be begging in the urban areas, there is also begging engaged in by some physically challenged individuals.”

 

The Chairman of the Council of Ulamas added that the different forms of street begging needs to be identified and each one addressed accordingly.

 

Khalil said;

 

“Secondly, the Hizbah used to make arrests and when they arrest them they just keep them and cannot properly even feed them. More so, you cannot stop begging in the state without joining hands with the neighbouring states.

“If you don’t join hands with the neighbouring states, for example in the General Hospital in Kano, you have people from Katsina, Bauchi, Niger, Gombe, or Zaria or even Jos, you budget for just the state in the hospital but it is about five states that benefit from the hospital. You have not considered them, they have not been considered by their states, no budget has been made for them.

“If you recall there was the case of a man who just sent three of his children to the city to be begging for sustenance because he wanted to place his new wife in the room they were occupying. You can see that these kids are not Almajiris or Quranic pupils.

“Therefore, you need statistics of the real situation, know the total number of the Quranic teachers, the total number of the Quranic schools and their pupils, know exactly who the real Almajiris are first. You will then know their needs understand their problems and then proffer the right solutions. You can decide to cater for them or send them back to their homes.

“But you have not conducted all these. They have not consulted people like us that have made efforts on the issue to hear our own experiences, get our reports, those of Ndatsu in the past and those of the times of Sir Ahmadu Bello to get a better solution.

“To us at the Council of Ulama, the government cannot do it and is not serious about it. They are just doing it to appease their masters abroad, or get their money or some kind of noise making. Or they might have been accused of something from somewhere for which they simply organise a ceremony and that is all. That is our opinion”

 

Minimum Wage: NLC Moves against Erring States

0

The Nigerian Labour Congress (NLC) has directed its state chapters to go on strike if any state government fails to implement the N30,000 new national minimum wage.

NLC President, Mr. Ayuba Wabba, said the organised labour had given each state council the template on the new wage and the consequential adjustment.

He stressed that no state should be excused for not implementing the new minimum wage.

“The Minimum Wage Act is already a law and every political office holder must respect the sanctity of our Constitution and the oaths of office they have sworn to uphold.

“If a worker is entitled to be paid his wages, the wages must be commensurate with what has been negotiated. In 90 per cent of the countries around the world, the minimum wage law is implemented and observed. So, we cannot be an exception.

“While appreciating those states and, even the federal government, that have paid all the workers under its employment, including arrears which have set the base and standard for states to follow, there is no excuse for any state not to pay workers a minimum wage that has been negotiated because 85 per cent of the Value Added Tax (VAT) increase goes to the states.

“We have empowered our state councils. Once they reach a situation where they think there is no commitment, we have given them the power to declare an action and withdraw their services.”

“Many states have done that. In Ogun and Niger states, they did that before they were invited to the table. We don’t need to take any decision again to say that you need to do what you need to do.

“Once the state executive council feels that there is dilly-dallying on the minimum wage, which is already a law, they should be able to enforce their own right. We will support them.”

“Where they need reinforcements from the headquarters, we will be there to support them.”

 

FIRS Sets April 12 Deadline For Taxpayers To Get TIN

0

The Federal Inland Revenue Service (FIRS) has again said it is mandatory for all taxpayers and companies to register and obtain the Tax Identification Number (TIN) and display it on all documents supporting business transactions before April 12, 2020. FIRS made this known in a public notice published on Monday which was signed by its Chairman, Muhammed Nami.

It stated that every company or business “shall provide their TIN to relevant providers of financial services not later 12th April, 2020, in order to update their existing records for accounts opened prior to the coming into effect of the Finance Act, 2019.” It also said banks and other financial institutions are required to request for TIN as a precondition for opening new accounts for companies and any other business.

It further explained that Section 3 of the Finance Act, 2019, substituted the provision of Section 10 of the Companies Income Tax Act (CITA) which explains that “every company shall have a Tax Identification Number (TIN) which shall be displayed by the company on all business transactions with other companies and individuals and on every document, statement, returns, audited accounts and correspondence with revenue authorities, including the Federal Inland Revenue Service, ministries and all government agencies.”

The notice also read, “Every person engaged in banking and other financial services in Nigeria shall require all companies to provide their TIN as precondition for opening an account or in case of an account already opened within three months of the passage of this act, the bank requires such TIN to be provided by all companies as precondition for continued operation of their bank accounts.”

In a separate notice, FIRS notified taxpayers that payment of tax is to be made on or before the due date of filing in one lump sum or installment. This according to the service, is pursuant to the amendments to Section 77 of the Companies Income Tax Act, (CITA) by Section 18 of the Finance Act.

The service further noted that it would grant approval to any taxpayer that wishes to pay in installments prior to the due date of filing and final installment must be paid on or before the due date of filing. FIRS added that any tax due and unpaid by the due date of filing shall attract interest and penalties as provided in the extant tax laws.

Nigerian High Commission Owes United Kingdom Government N3.3bn Traffic Fee – UK

0

The United Kingdom says the Nigerian High Commission in London owes £7.1m ((N3.3bn) in congestion charges and parking tickets.

Giving a breakdown on Tuesday, the UK Foreign Office said Nigeria was owing £7, 063, 965 in congestion fees and £47, 165 in parking tickets.

The figure amounts to more than three times the entire 2020 budget of the high commission, which stands at N1.6bn

London charges a daily congestion fee of £11.50 ((N5, 405) if one drives a car within the central zone at any time between 7am and 6pm on weekdays.

The charge was put in place in 2003 to dissuade people from using their private vehicles and instead to patronise the public transport system to prevent traffic congestion.

Incidentally, London is the favourite destination of the President, Major General Muhammadu Buhari (retd.), where he has spent not less than 240 non-consecutive days in the last five years mostly on health grounds, private matters and investment summits.

In 2017, Buhari’s spokesman, Garba Shehu, said the aircraft which was at the service of the President cost £1,000 (N470,000) per day in airport charges.

Shehu said the aircraft was on standby for the purpose of the immediate return of the President.

He said the decision to leave the aircraft in London was in line with protocol, national security and prestige.

Meanwhile, the UK Foreign Office has said the United States Embassy in London was also owing £12m in unpaid congestion charges, which is the highest among the five countries listed.

The Japanese Embassy comes second at £8.51m while Nigeria was listed as third.

India comes fourth with a debt of £6.01m while the Russian Embassy owes £5.72m in congestion fees.

Overall, the value of unpaid congestion charge debt incurred by diplomatic missions and international organisations in London since its introduction in February 2003 until December 31, 2018 as advised by transport for London was £116,868,825.

In a statement on Tuesday, Foreign Secretary, Dominic Raab, said the government had held meetings with the embassies to press for payment.

Raab said as well as the meetings the government had written to diplomatic missions and international organisations with debts, giving them the opportunity to either pay outstanding debts, or appeal against specific fines if they considered that they had been recorded incorrectly.

CAS confirm Man City appeal against UEFA’s Champions League ban

0

The Court of Arbitration for Sport (CAS) has confirmed that they have registered an appeal from Manchester City as the reigning Premier League champions fight to overturn a two-season Champions League ban.

UEFA found the club guilty of breaching Financial Fair Play rules and failing to cooperate with their investigation, handing City a €30m (£25m/$33m) fine on top of their two-year European suspension.

City moved quickly to profess their innocence and vowed to prove UEFA wrong, with a CAS appeal the first order of business.

CAS have now confirmed the appeal has been lodged, releasing an official statement on Wednesday that reads:

“The Court of Arbitration for Sport (CAS) has registered an appeal filed by Manchester City football club against the Union of European Football Associations (UEFA).

“The appeal is directed against the decision of the Adjudicatory Chamber of the UEFA Club Financial Control Body (CFCB) dated 14 February 2020 in which Manchester City was deemed to have contravened UEFA’s Club Licensing and Financial Fair Play Regulations and sanctioned with exclusion from the next two seasons of UEFA club competitions for which the club would qualify and ordered to pay a fine of EUR 30 million.

Article continues below

“Generally speaking, CAS appeal arbitration procedures involve an exchange of written submissions between the parties while a Panel of CAS arbitrators is being convened. Once the Panel has been formally constituted it issues procedural directions, including, inter alia, with respect to the holding of a hearing. Following the hearing, the Panel deliberates and then issues its decision in the form of an Arbitral Award.

“It is not possible to indicate at this time when a final award in this matter will be issued.”

More to follow…

 

Why NECO Dismissed 19 Staff, Spokeperson Reveals

0

The National Examinations Council (NECO) has approved the dismissal of another 19 staff for certificate forgery this is coming after the dismissal of 70 staff in November last year.

The decision to dismiss the 19 staff was reportedly approved by the governing board at the 52nd Regular meeting.

The spokesperson of the board, Azeez Sani, in a statement yesterday, said a staff certificate verification committee constituted by the management carried out its assignment by inviting some staff with questionable credentials to appear before it, during which the affected staff attested that their certificates were forged.

He said the committee also contacted the schools and institutions which the affected staff claimed to have attended and they denied having certificated them.

“These dismissals are the sequel to a report submitted by a management committee constituted to verify the certificates of staff,” he said.

He said the certificate verification committee carried out its assignment diligently “by inviting all staff with questionable credentials to appear before it, during which some staff actually attested that their certificates were fake”.

“The committee also contacted the schools and institutions the affected staff claimed to have attended and the schools and institutions denied having certificated them,” the statement said.

The council said the dismissal of the 70 staff is the first phase “in the series of the on-going staff certificate verification exercises in the council.”

“On completion of their assignment, the committee submitted its findings to NECO Management which also forwarded the same to NECO Governing Board. At its 17th Extra-ordinary meeting, the Governing Board vetted the report and approved the dismissal of the affected staff,” he said.

He said the governing board of the council vetted the report of the Committee and approved the dismissal of the affected staff.

The spokesperson did not disclose the names of the dismissed staff.

 

Police Dismiss Olaniyi Ogunsoro Involved In Tiamiyu Kazeem’s Death

0

The Nigeria Police Force, Ogun State Command, has dismissed a Special Anti-Robbery Squad officer, Olaniyi Ogunsoro, from the Force, following his role in the death of Remo Stars assistant captain Tiamiyu Kazeem, on Saturday.

Kazeem, nicknamed Kaka, was crushed by a hit-and-run driver on the Sagamu-Abeokuta Expressway after he was arrested by the SARS officers and was being taken to their office in Abeokuta.

While a police statement said the footballer jumped out of the vehicle in an attempt to escape and was crushed by an oncoming vehicle, Sanni Abubakar, a friend and teammate of Kazeem, who was also arrested by the SARS officials, said the SARS officials pushed Tiamiyu out of their Toyota Sienna vehicle before he was killed by an oncoming car.

While speaking with our correspondent on Tuesday, Police Public Relations Officer, Ogun State Command, Abimbola Oyeyemi, confirmed that the erring officer had been dismissed from service.

“The SARS officer Olaniyi Ogunsoro has been dismissed from service,” Oyeyemi said.

Meanwhile, the Deputy Inspector General of Police in charge of Criminal Investigation Department, Force Headquarters, Mr Ogunyonwon Peter, has visited the family residence of the deceased on Tuesday in Sagamu to commiserate with them.

According to Tiamiyu’s father, Fasasi, the DIG promised the family that the Nigeria Police Force will not spare any officer involved in the dastardly act.

Fasasi said, “The DIG, Mr Peter Ogunyonwo, was here today (Tuesday), so was Governor Dapo Abiodun of Ogun State. They were here to commiserate with me and my family over the sad death of my son.

“Governor Dapo told us that the Ogun State Government would ensure that justice was served over this matter and the culprits would have their day in court.”

He added, “The DIG promised us that the police command would ensure that there was no cover-up of any sort in this case.

“In fact, we learnt from him that the SARS officers were actually on illegal duty and they were even away from their area of operation.