Monday, 21 September 2015

Court of Appeal, Federal High Court refuse Saraki’s prayers to stop Tribunal

Court of Appeal, Federal High Court refuse Saraki’s prayers to stop Tribunal


The Court of Appeal has dismissed the ex-parte application by Senate
President, Bukola Saraki, seeking to set aside the order made on Friday by the
Code of Conduct Tribunal (CCT) issuing bench warrant for Saraki’s arrest.


It said it cannot interfere with the proceedings pending at the lower court.


It will be in the interest of notice for the respondents to be put on notice.


Consequently the ex-parte application refused and the motion on notice set
down for hearing on September 29.


Justice Armed Mohammed of the Federal High Court, in another ruling just
delivered, refused a similar application by Saraki.


He adjourned to September 30 for the hearing of the substantive suit by Saraki,
challenging the competence of charge before the CCT and the preliminary
objection filed by the CCT, Code of Conduct Tribunal and Federal Ministry of
Justice.


Justice Mohammed held that, in view of the constitutional and radical nature
of the issues raised in the respondents’ objection, it was reasonable for the
court not to waste time on interlocutory applications.

Saturday, 19 September 2015

The legal thinking and why the law is not on Saraki’s side by Lawyer

The legal thinking and why the law is not on Saraki’s side by Lawyer


The news that charges have been filed against the Senate President , Dr . Bukola
Saraki at the Code of Conduct Tribunal was received by many with a shock . The
expectation , however , was that the accused would be in haste to clear his name, as honourable men would want to.


On the contrary , Dr . Saraki filed an application before the Federal High Court
seeking to stop the scheduled trial at the Code of Conduct Tribunal . The
application was granted ex -parte.


The ex -parte application and its grant represent the two of the most frustrating
avenues through which justice is frustrated and judicial process abused in our
country’ s courts of ‘ justice ’ . The fact that the number three man in our political
hierarchy is the perpetrator in this case is profoundly disappointing.


More importantly , however , is the fact that the grant of the application was in
manifest error of trite law such that keen watchers may be pardoned for
suspecting that something underhand was involved in the entire process.


In the first place, no court of law has the powers to interfere with , or in any way
restrain the exercise of the judicial powers of another court of co-ordinate
jurisdiction. This is trite and well established in accordance with the principles of the doctrine of judicial precedent. In this case, the Federal High Court and
the Code of Conduct Tribunal are courts of co- ordinate jurisdiction: appeals from the decisions of the Code of Conduct Tribunal lie to the Court of Appeal ( s . 23 ( 4) of the Code of Conduct Bureau and Tribunal Act ) and appeals from the decisions of a Federal high Court lie to the court of Appeal ( s . 243, Constitution of the Federal Republic of Nigeria, 1999 ).


In the second place , an injunction restraining the Code of Conduct Bureau is
misdirected and therefore, futile. The Code of Conduct Bureau is not a
prosecuting authority; under section 3 of the Code of Conduct Bureau and
Tribunal Act , it is merely an administrative and investigative authority and its role in the prosecution of defaulters under the Code of Conduct Bureau and Tribunal Act is limited to recommending persons for prosecution.

The prosecuting authority in respect of offences under the Code of Conduct Bureau and Tribunal Act is the Office of the Attorney General. Thus section 24 (3) of the Code of Conduct Bureau and Tribunal Act provides the Attorney General or any one nominated by him may bring charges in respect of offences under the Act.


In the third place , it is incorrect for Dr. Saraki to hinge the basis of his ex parte
application on the fact that there is no incumbent Attorney General capable of
instituting actions against him or any criminal action whatsoever. This line of
legal reasoning, once regularly cited , has since been discredited by the Supreme
Court in a number of cases and , most recently, in the case of Federal Republic
of Nigeria v . Senator Adewunmi where the Supreme Court, per Umaru Altu Kalgo, JSC said “ There is no doubt at all that the power to institute criminal
proceedings against any person in the 1999 Constitution lies on the Attorney -
General of the State or the Federation as the case may be, but such power may
be exercised by the Attorney -General himself or through any officers of his
department. See Sections 174 and 211 of the 1999 Constitution.


These sections though very similar in content do not require that the officers can only exercise the power to institute criminal proceedings if the Attorney General expressly donated his power to them. The provisions of the sections presume that any officer in any department of the Attorney General ’s office is empowered to initiate criminal proceedings unless it is proved otherwise”.


Furthermore, section 25 ( 3) provides that the question whether any authority has been given in pursuance of this section requiring the Attorney General to donate his prosecutorial powers under the Act , “ shall not be inquired into by any person”.


The decent course for an accused, if he has concerns, is to raise preliminary
objection( s ) before the tribunal where he has been charged. Dr . Saraki is advised to so do if he is to remain qualified to remain as the number one lawmaker in this country.


On September 18 , 2015 , following Dr . Bukola Saraki’ s failure to appear before the Code of Conduct Tribunal as charged , the Tribunal , on the application of the
prosecutor, issued a bench warrant for the arrest of Dr . Bukola Saraki. This power is inherent in any tribunal having the full powers of a court of law , such as the Code of Conduct Tribunal. Furthermore, sections 2 and 14 of the 3rd Schedule to the Code of Conduct Bureau and Tribunal Act empower the tribunal to compel the attendance of accused persons and witnesses.


Under section 23 of the Code of Conduct Bureau and Tribunal Act , if found guilty, the tribunal is empowered to impose any of the following punishments :
( a) Vacation of office or any elective or nominated office , as the case may be;
( b) Disqualification from holding any public office ( whether elective or not ) for a period not exceeding ten years; and ( c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

Furthermore, trial or conviction under the Code of Conduct Bureau and Tribunal
Act does not preclude a separate trial under any other applicable criminal law
( Section 24 Code of Conduct Bureau and Tribunal Act ).

  By   Idahosa Anthony

Chelsea Vs Arsenal: Willian out; Pedro, Oscar, Falcao doubtful — Mourinho

Chelsea Vs Arsenal: Willian out; Pedro, Oscar, Falcao doubtful — Mourinho

Chelsea boss, Jose Mourinho has declared that Willian is definitely
ruled out of the London derby between Chelsea and Arsenal because
of the muscular injury he picked up against Maccabi Tel Aviv. Late
decisions will be made on three more players – Oscar, Pedro and
Falcao.

‘I select every player for the squad because we have doubts.
Tomorrow I don’t want to be in a situation where during the warm-up
somebody doesn’t have the best feelings, and we have lots of players
in this situation.

‘Willian is not even an option. Pedro, Falcao and Oscar – let’s see
what happens. They are not definitely ruled out but let’s see,” he said
He also declared that he has no interest in looking at the bigger
picture or factoring history into the equation when Arsenal visit
Stamford Bridge tomorrow.

The manager explained to those present at his pre-match media
conference at Cobham why he felt it was irrelevant analysing the
match as anything more than that – simply another match of football.
League tables, form, precedent and the like should be ignored.

‘I want to isolate the match from every context,’ stressed Mourinho.
‘Our fantastic record against Arsenal doesn’t matter. It doesn’t matter
they haven’t beaten Chelsea for seven matches in the Premier League.
It doesn’t matter they beat us in the Community Shield.

‘It’s just Chelsea against Arsenal. It’s a match we want to win. If it’s a
pre-season friendly match it’s the same, I want to win.

‘If we are looking at the table at the moment and we see where we
are, and we know the distance we are from the top of the league, I
don’t think that helps us.

‘Playing in different competitions is helping us because at the moment
we are doing that. It’s easier to forget one competition and focus on
one match, and the match is Arsenal. One match. Now it’s Arsenal.
Just that, nothing more.’

Jubilation in Maiduguri as public schools to reopen

Jubilation in Maiduguri as public schools to reopen


Borno State Governor, Alhaji Kashim Shettima, on Friday said public schools in the state capital Maiduguri, closed for two academic sessions as a result of Boko Haram insurgency, would be reopened next month.

The governor, in order to ensure this, immediately constituted a nine-man committee to ensure all public schools within the state capital Maiduguri are reopened.

Shettima had last month set up a committee to work out the modalities for the reopening of the schools, which report was submitted on Friday.

Receiving the report, the governor said, “Our decision to set up the committee was largely informed by the need to radically reinvigorate the sector with a view to making it a formidable model of excellence worthy of emulation.

“You may recall our earlier attempt at re-sustaining the education system when the education quality assurance task team was established. However, the work was marred by the extremely complicated and unconventional security challenges we have been experiencing.”

He recalled that the closure of public schools was necessitated by the security challenges and the abduction of Chibok girls which have subjected untold physical and psychological trauma on the students and pupils.

While presenting the report, the chairman of the committee, Alhaji Gambo Gubio, said, after their inauguration on August 26, 2015, they started the assignment in earnest by visiting the schools and camps occupied by the internally displaced persons to assess the situation.

1.4 million children displaced by Boko Haram, says UNICEF

1.4 million children displaced by Boko Haram, says UNICEF

Over one million children in Northern Nigeria have been displaced from their homes as a result of attacks from the Boko Haram terrorist group over the past five months, a United Nations Children’s Fund report said on Friday. 

Since the beginning of 2015, children and women have been increasingly used in bombings, the UNICEF Nigeria Chief of Communications, Anne Boher, told TIME.

According to the UNICEF report, the recent surge in the attacks by the insurgent group has brought the total number of displaced children in the North to about 1.4 million, more than half of whom are under the age of five. 

The report added that more than 265,000 other children have fled their homes in Nigeria’s neighbouring countries, including Cameroon, Chad and Niger. 

“It’s truly alarming to see that children and women continue to be killed, abducted and used to carry bombs,” said the UNICEF regional director for West and Central Africa, Manuel Fontaine, in the report. 

“Women and girls are involved in approximately three-quarters of the attacks,” she added. 

“And children are used, often without knowing, to carry bombs that were strapped to their bodies and detonated remotely in public places”. 

However, the organisation lamented that funding shortfalls had hampered its work on the ground, stating that it had only received 32 per cent of the $50.3m it requires to finance its operations this year.

 It added that victims of the insurgency were facing growing food insecurity and a cholera outbreak in displacement camps in Borno State. 

Similarly, a group of Internally Displaced Persons has urged governments at the local, state and federal levels to give psychological care to victims of the Boko Haram insurgency. 

A statement by the group’s spokesperson, Mr. David Teniola Showunmi, on Friday said it was not enough to give victims of the insurgency monetary support alone. 

Showunmi, a church worker who was displaced from Bita village in Borno State in August, said trauma care should be given to the victims in order to aid their rehabilitation and integration. 

In the statement titled ‘Trauma care for IDPs: Key to integration,’ he said trauma care, including guidance, counselling, orientation, support and visitation, were needed, adding that some of the victims had felt “abandoned to a cruel fate.” 

Showunmi said, “Boko Haram victims should be given psychological care. “A lot of us have lost faith in Nigeria. We don’t believe in people any more. We are distraught and hopeless. For us, it is hard to believe that we have any place in the project called Nigeria.

 “This is why a total reorientation is needed for victims of insurgency.”

Japan to allow military role overseas in historic move

Japan to allow military role overseas in historic move


Japan’s parliament has voted to allow the military to fight overseas for the first time since the end of World War Two 70 years ago.

A vote on the new law was delayed for several hours as the opposition tried to stop the measure coming into force.

Outside, demonstrators rallied in a last-ditch show of protest. Many Japanese are attached to the pacifist provisions in the constitution which banned fighting overseas.

The bills have already passed through the government-dominated lower house.

The government says that the changes in defence policy are vital to meet new military challenges such as those posed from a rising China.

It wanted to hold the vote before a five-day holiday begins on Saturday.

The governing coalition has a majority in both chambers of the Diet, meaning that ultimately the opposition camp was powerless to stop the measure becoming law.

Masaaki Yamazaki, the president of the upper house, said the bills were passed with 148 lawmakers voting in support and 90 against.

More than 200 hours have been spent deliberating the legislation, the Japan Times reported, and its approval by parliament fulfils one of Prime Minister Shinzo Abe’s long-held ambitions.

On Thursday, opposition politicians tried to physically delay proceedings ahead of a committee vote on the bills.

Wednesday, 16 September 2015

Man, 37 , jailed for life for raping his two daughters

Man, 37 , jailed for life for raping his two daughters

A 37 -year old South African man has been sentenced to life in prison for raping
his two young daughters ‚ Gauteng police said in a statement .
The man ‚ who is not being named to protect his daughters ’ anonymity ‚ was
arrested in 2013 when the girls were six and nine years old.
According to the statement, the man is their biological father and they lived in
the same house .
He was sentenced on Tuesday by the Bronkhorstspruit Magistrate Court ‚ police
said in the statement.
“ The mother of the victims realised that her children were abused by their father
and she reported the matter to the police in 2013 . The Ekangala Family Violence
and Child Protection Unit then took over the investigation that led to the arrest
of the accused .
“ The hefty sentence handed down to the accused is welcomed and sends out a
clear message to criminals ( that they ) will be brought to justice ‚” police said .