Muslim group, MURIC, demands arrest, prosecution of alleged abductor of Bayelsa minor

Muslim group, MURIC, demands arrest, prosecution of alleged abductor of Bayelsa minor

 

 

 

A rights group, the Muslim Rights Concern (MURIC),  has called on Nigerian authorities to immediately ‎commence the prosecution of Yunusa Yellow, the man who allegedly abducted  a teenager from her Bayelsa home, and took her to Kano for underage marriage.

In a statement Tuesday morning by its Executive Director, Ishaq Akintola, MURIC said Yunusa‎’s action ”violated the law and caused a Christian family to go through a traumatic period‎.”

Mr Akintola said the alleged abductor should be charged to court in Yenagoa, the Bayelsa State capital, and then before a Sharia court in Kano if it is proven that he had canal knowledge of the girl.

”Our position is based on the fact that the girl is a minor,” the group said. ”Attempting to marry off the girl without her parent’s permission is not only a breach of common law but also a violation of the Shariah provision on the need for the parents’ approval before nikah (Islamic marriage) can be deemed valid (La nikah bila waliyyin)

”Of particular significance in this regard is the express command in the Glorious Qur’an that women should be married with the permission of their parents. The Qur’an says inter alia, “ …And marry them (i.e. women) with the permission of their parents(Qur’an 4:25).”

The group also said bringing Yunusa to book would ”serve as deterrent since this type of behaviour is capable of igniting anti-Muslim emotion.”

It commended ‎the Emir of Kano, Sanusi Lamido Sanusi, for his role in the matter, saying he ”displayed immense understanding of the issues at stake and acted like a responsible leader and a knowledgeable Muslim by ordering that the girl should be returned to her family.‎

Just now: Court orders EFCC to admit Jonathan’s ex-ADC‎ liberal bail‎

 

Justice Yusuf Halilu of the Federal Capital Territory High Court in Jabi, Abuja, Tuesday ordered the Economic and Financial Crimes Commission to immediately grant bail to a former Aide de Camp to ex-President Goodluck Jonathan, Col. Ojogbane Adegbe, on liberal terms.

Justice Yusuf Halilu, ruling on a fundamental human rights enforcement suit filed by Adegbe on Tuesday, however,  refused the plaintiff’s ‎prayer for N100m compensation for unlawful detention by the Economic and Financial Crimes Commission and request for written apology from the anti-graft agency.

Meanwhile, before the judge started delivering his ruling on Tuesday, ‎Adegbe’s lawyer, Mr. Ogwu Onoja (SAN), informed the court that the EFCC after the hearing of the suit on February 25, transferred the ex-President’s ADC from its custody to the Army.

Ogwu also said that after the hearing, the EFCC which claimed it was only holding Adegbe on the instruction of the Army, decided to grant bail to his client in conditions that were allegedly impossible to meet.

 

But EFCC’s lawyer, Benda Musu, when asked to respond to the plaintiff’s lawyer’s ‎claim, said she did not have more knowledge about the said transfer than the SAN had.

The judge however went on to deliver his ruling declaring as unconstitutional and illegal the detention of the applicant since February 11 without filing charges against him.

The judge also reprimanded the anti-graft agency for “reducing itself to the police station or detention centre of the Nigerian Army”.

He observed that the EFCC took contradictory ‎positions by claiming that it was investigating alleged arms procurement fraud for which Adegbe was arrested and in another breath claimed to be holding the plaintiff on the instruction of the Army.

“While respondent (EFCC) is dancing makossa in one ‎side, it is singing another song on the other side,” the judge noted.

The judge however said he was unable to direct the EFCC to pay damages to the applicant or tender apology to him, since he remained in the service of the Army and the anti-graft agency was equally a government agency.

N225, 000 Bribery Scandal: Rickey Tarfa Knows Fate March 2

N225, 000 Bribery Scandal: Rickey Tarfa Knows Fate March 2

 

Justice Mohammed Idris of the Federal High Court in Lagos will on March 2 decide whether or not to admit fresh evidence brought before him by embattled Senior Advocate of Nigeria, Rickey Tarfa, in opposition to an allegation made against him by the Economic and Financial Crimes Commission (EFCC) that he offered a bribe of N225, 000 to Justice Mohammed Yunusa.

In what appeared as a turnaround, Tarfa, who had earlier admitted in a fundamental rights enforcement suit, that he gave the sum of N225,000 to Justice Mohammed Yunusa is now claiming in an affidavit of urgency deposed to by his head of chambers, Segun Odubela, that the money was actually given to a former staff of the chambers, Mohammed Awwal Yunusa.

At the last sitting of the court, Justice Idris had adjourned the suit to Monday for judgment, but he could not deliver the judgement due to the attempt by the lawyer to introduce the new evidence.

 Tarfa had approach the court asking the court to award him the sum of N2.5 billion as damages against the EFCC over his arrest and detention.

In a motion on notice brought pursuant to Sections 33, 34, 35, 37, 41, 44 and 46 of the 1999 Constitution as amended, Articles 2, 4, 6, 7, 9 and 12(1) of the African Charter on Human and People's Rights (Ratification and Enforcement) ACT CAP 10, LFN,1990; the silk is seeking for an order granting him leave to re-open and adduce further evidence by way of a further and better affidavit.

While arguing the application at yesterday's proceedings, Tarfa's lawyer, Chief Bolaji Ayorinde (SAN) urged the court to grant the request.

According to Ayorinde, the respondents will neither be prejudiced nor suffer any miscarriage of justice if the application is granted by the court.

He also submitted that the purpose of bringing the further affidavit is to show that the account in question does not belong to the judge.

"We are not arresting the judgement of the court but we are only putting facts before the court so as to help the court arrived at a fair and just conclusion'', Ayorinde said.

The lawyer further maintained that it is necessary for the court to consider the application because it bothers on the fundamental rights of the applicant.

However, the EFCC counsel, Wahab Shittu, opposed the application, stating that if the applicant is allowed to introduce fresh evidence at the stage of the matter, the respondents will be over-reached.

He argued that the rules of the court only allows the introduction of fresh evidences only at the hearing and not after the conclusion of hearing when judgment date has been fixed.

"The court should look at whether or not, the applicant is making credible assertions and is truthful in his submissions. The applicant is not factual and truthful and does not deserve any favour from the court. This is a ploy by the applicant to arrest the judgement of the court. This should not be allowed", the lawyer submitted.

He also stated that paragraph 11 of the affidavit in support is blatant falsehood in that the cheque in the sum of N225,000 annexed as exhibit E in the affidavit
of one Mohammed Awwal Yunusa dated 23rd Day of February, 2016 is in the
name of Mohammed Awwal and not Mohammed Awwal Yunusa.

Shittu also accused the applicant of telling obvious lies about his age and the alleged N225,000 bribe money.

The lawyer said he was perturbed by the action of the applicant in denying ever given any money to the judge after he had earlier admitted giving out the said money for the burial of Justice Yunusa's in-law.

Justice Idris adjourned till Wednesday for ruling.

In the substantive suit, the embattled lawyer is asking the court to compel the anti-graft agency and his Acting Chairman, Ibrahim Mustafa Magu to pay him N2.5billion.

Joined as defendants are; the Commission’s acting chairman, Ibrahim Mustapha Magu, the EFCC operatives that arrested him, Moses Awolusi, and the Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai.

Apart from the monetary compensation, Tarfa also asked the court to compel the defendants to release his two mobile handsets allegedly collected from him on Friday, February, 5 2016 at their Ikoyi office in Lagos.

He stated that EFCC intended to destroy all information, data and other retrievable materials stored in the two handsets.

He also sought an order urging the court to direct the defendants to release his Mercedes Benz SUV with registration No. KJA 700CG unlawfully seized from him.

The Senior Advocate also asked the court to order EFCC, Magu and two other defendants to publicly apologize to him in at least two widely circulated national newspapers, social media and the Nigerian Television Authority (NTA) as well as Channels Television within 24 hours from the day of the judgment of the suit.

Besides, he asked for an order of perpetual injunction restraining all the defendants and their agents from further violating his rights.

 

#FreeEse: Falana Threatens To Drag IGP To Court

#FreeEse: Falana Threatens To Drag IGP To Court 

 

 

As outrage over the alleged abduction of 14-year-old girl, Ese Oruru by one Yinusa, aka Yellow continue to spread, Lagos lawyer, Femi Falana (SAN) has threatened to drag the Inspector-General of Police, Solomon Arase to court if he fail to ensure the immediate release of the girl by Monday.

Falana said he would approach the court on Tuesday (March 1) to seeking redress for Ese Oruru if she is not free by the police.

The lawyers who said this in a press statement he issued on Monday in Lagos, insisted that the abduction, enslavement and forced marriage of Ese Oruru constitute serious contraventions of several provisions of the Criminal Code of
Bayelsa State.

He also maintained the incident is also brutal  violations  of the fundamental
rights of the victim to the dignity of her person guaranteed by the Child's
Rights Law of Bayelsa state and the Constitution of the Federal Republic of
Nigeria.

Falana stressed, “It is a shame that the Kano state police command has not deemed it fit to free the girl and arrest the suspects involved in the barbaric
conduct.

“ Meanwhile, I have contacted and requested the Inspector-General of
Police, Mr. Solomon Arase to ensure the immediate release of the girl. If
the authorities fail or refuse to free her today my law office will
approach the court tomorrow with a view to seeking redress for her,” he stated.

Court Jails Nine 22 Years For Pipeline Vandalism, Death Of Policemen

Court Jails Nine 22 Years For Pipeline Vandalism, Death Of Policemen




Justice Okon Abang of the Federal High Court on Monday convicted and sentenced nine men to 22 years imprisonment over pipeline vandalism and the murder of nine policemen at Arepo area of Ogun State on May 24, 2014.

However,  the court discharged and acquitted 11 others accused persons of the offence on the grounds that the prosecution failed to link them with the crime.

Those who were sentenced are: Felix Yayu, 25, Yakubu Ebiwei, 45, Augustine Ebiwei, 28, Owei Atile, 37, Atinuke Odewale, 42, Ijoufaya Legbe, 42, Ahmed Bashorun, 42, Odewale Waheed, 43, and Tuesday Filatei, 36.

They were arraigned before the court by the police on a 14 count charge of pipeline vandalism, illegal transportation and sale of refined petroleum products.

In his judgment, Justice Okon Abang sentenced the accused to a term of 10 years imprisonment on count 1, and a term of 12 years imprisonment on count 2, 3 and 4 respectively, while he discharged them of counts five to 14.

The court held that the term of imprisonment shall run concurrently, beginning from Monday.

The Judge stated, "The seed of wrong doing maybe sown in secret, but the harvest cannot be hidden;Today is the day of harvest for the convicts.

"While reviewing evidence in this matter, I came to a conclusion that the following convicts Felix Yayu, Ijoufaya Legbe, Yakubu Ebiwei, Tuesday Filatei, Owei Atile and Augustine Ebiwei, have no sympathy for the corporate existence of this country and her citizens.

"Inspite of the genuine efforts made by federal government and the Lagos state government to protect NNPC pipelines, they felt that vandalising the pipeline and killing the policemen sent to guide pipeline, was best.

"The facts of this case are miserable, sordid, shameful to remember and ghastly to believe; Even though they have not been convicted of killing the nine policemen, it is not in doubt that they all conspired to do so in cold blood

"Imagine one of the convict Tuesday Filatei, taking photographs of how the policemen were burnt to Ashes; the convicts before me are wicked, heartless and harbingers of evil.

"The conduct of the convict has reflected the moral decay we find our selves; the convicts sowed the wind and they must harvest the whirlwind.

"They expect the court to show mercy when they had no mercy for their fellow human beings.

"A drastic situation requires a drastic solution, and a decision of a court of law in a situation like this, will act as deterrent; Even though others will not learn, I have to do my duty.

"I hereby sentence the convicts Felix Yayu, Ijoufaya Legbe, Yakubu Ebiwei, Augustine Ebiwei, Owei Atile, and Tuesday Filatei, to a term of 10 years imprisonment on count one, and a term of12 years imprisonment on counts 2, 3 and 4 with effect from today.

"The convicts, Ahmed Bashorun, Atinuke Odewale and Odewale Waheed are sentenced to a term of three years imprisonment on counts one to four with effect from June 1, 2014

"On account of the plea for mercy by counsels to the accused, the terms of imprisonment shall run concurrently,- I so hold.

In the charge, the accused were said to have committed the offence on May 24, 2014, at Arepo near Ikorodu, Lagos, by breaking oil pipeline and engaging in illegal transportation and sale of refined petrol, as well as maliciously setting ablaze the pipeline.

The convicts were also said to have unlawfully shot dead, nine policemen on patrol work in the area.

The offence is said to have contravened the provisions of sections 3(6), 4 (a), 7(a), 7(b), and 17 of the Miscellanous offence Act, Cap M17 Laws of the Federation, 2004.

The prosecution led by Odion Raymond called only two witnesses for the prosecution, while the defence called a total of 21 witnesses.

Those discharged include: Tamara Dembofa, 32, Agbara Tiewei, 43, Rufus Godwin, 45, Tierry Koiyetin, 22, Ebis Sobijoh, 22, Ibori Lawrence, 45, Eberebu Ibori, 30, Susan Vianana, 54, Yellow Yeiyah, 28, Fatai Bolaji, 32, and Ismail Abdullahi, 47.

Electricity Tariff Hike: Court Threatens To Sanction NERC, Others For Disobeying Order

Electricity Tariff Hike: Court Threatens To Sanction NERC, Others For Disobeying Order

Justice Mohammed Idris of a Federal High Court in Lagos on Monday threatened to jail anyone found to have ignored his ordered restraining parties in a suit brought by a Lagos lawyer, Toluwani Adebiyi against the Nigerian Electricity Regulatory Commission (NERC) over the increase of electricity tariff in the country.

Justice Idris, who handed down the threat, while re-affirmed his earlier order restraining NERC, said, "let me warn that when the disciplinary jurisdiction of this court is properly invoked, anyone who is found to have ignored the order of the court will be dealt with severely.

“The order of this court that parties in this suit should maintain the status quo remains valid and binding until it is set aside by a court of competent jurisdiction".

"The issue of disobedience to court's order is one that affects the integrity of the court. There is a need for the court to assert its authority and deal with any issue that is capable of bringing it to disrepute.

“Those who intend to take the judicial system for a ride should think twice and those who have done so should retrace their steps, the long arm of the law will catch up with them no matter how long it takes", the judge stated.

It will be recalled that Adebiyi had urged the court to commit the NERC Chairman and the CEOs of the Distribution Companies (Discos) to prison for commencing the implementing of the new electricity tariff on February 1 this year despite a subsisting court order barring same.

Justice Idris, earlier in his ruling on the objections of NERC against the filing of contempt charge by the plaintiff, set aside the Form 49 and the motion for committal to prison filed against the defendants by the plaintiff.

The judge held that the issuance of form 49 on the defendants by the plaintiff without prior and proper service of form 48 is premature.

"In the circumstance, I hold that the defendant's objection has merit. The court has set aside the contempt application due to fundamental and procedural irregularities", the judge said.

The court has since adjourned till March 15 for hearing of all pending applications.

Adebiyi, in the substantive suit, is seeking an order restraining NERC from implementing any upward review of electricity tariff without a
meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.

He also wants an order restraining NERC from foisting compulsory
service charge on pre-paid meters not until "the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used."

He also wants the service charge on pre-paid meters not to be enforced until there is visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed.

Adebiyi is further asking for an order of court mandating the NERC to do the needful and generate more power to meet the electricity use of Nigerians, adding that the needful should include and not limited to a multiple long-term financing approach, sourced from the banks, capital market, insurance and other sectors of finance to power the sector.

Finally, the lawyer is asking the court to mandate the NERC to make available to all Nigerians within a reasonable time of maximum of two years, prepaid meters as a way to stop the throat-cutting indiscriminate estimated bill and which must be devoid of the arbitrary service charge, but only chargeable on power consumed.

In an affidavit in support of the suit personally deposed to by the
applicant, the lawyer lamented that despite the motto and mission of
NERC which were expressly stated as "keeping the light on and to meet the needs of Nigeria for safe, adequate, reliable and affordable electricity," most communities in Nigeria do not get more than 30 minutes if electricity supply, while the remaining 23 hours and 30 minutes were always without light and in total darkness.

"Nigeria poor masses are paying an estimated and indiscriminate
residential bills ranging from N5, 000 to N18, 000, spending an
average of N15, 000 to N20, 000 for fuel to maintain generating set.

"Businesses have collapsed, industries have closed down, and residents cannot sleep comfortably at night due to inefficiency of our power industry".

"Companies and commercial Houses are groaning under throat-cutting power bill which they are paying for, yet not getting the benefit for such payment," Adebiyi stated.

He stressed that the proposed increase in electricity tariff was
coming amidst the tangled web of poor power supply with no reasonable proof of improvement.

"The situation is self evident, it readily speaks for itself because
everyone is suffering from poor power outrage.

"Bringing further increase amidst this tangled web of hardship and
without any improvement in power supply, will be highly unjustifiable
and will be an economic burden on Nigeria populace. It is totally
absurd and not for the good of the people, and therefore must be
stopped," Adebiyi submitted.

 

CBN clarifies status of accounts without BVN

CBN clarifies status of accounts without BVN

The Central Bank of Nigeria (CBN) on Thursday, said that bank accounts without the Biometrics Verification Number (BVN) would be operated as “No Customer Initiated Debit”.
The apex bank said this in a circular titled: “Classification on Accounts with BVN Related Issues” sent to all commercial banks and posted on its website.
The circular signed by Director, Banking and Payments System Department, Mr Dipo Fatokun, said that such accounts would remain dormant until the account holder obtain and attach the BVN to the account.
The circular read, “It has, however, come to our notice, that some customers could not link their BVN to their accounts.
“This is due to discrepancies between the record on the BVN database and the records on the core banking applications of the DMBs.
“Such customers can approach their bankers for correction, but some of the banks could not effect the corrections.
The bank, in the circular, said that in view of this development, it had become imperative for the CBN to issue the clarifications.
It said that such clarifications included corrections of Date of Birth on the BVN record. This should be allowed once, with supporting documents, evidencing the correct date of birth.
The CBN said that change of names due to marriage should be allowed with supporting documents, such as marriage certificate or affidavit, among others.
The apex bank said that minor correction of names, due to misspelling should be allowed, with supporting documents such as international passport, showing the correct name.
According to CBN, change of names that are totally different should only be allowed after customer has produced supporting documents.
The CBN said that this should be reported to the Nigerian Financial Intelligence Unit (NFIU) as a suspicious transaction by the bank customer.
The customers of the BVN database should be same in all his/her accounts, across the banking industry, the circular said.
On closure of accounts, the CBN said that customers that wished to do so should be allowed.
“Where the account is not linked with the BVN, a payment instrument should be issued in the name in which the account was opened.
“In case where the balance on the account is more than what is legally allowed on a paper instrument, the bank should seek for and obtain clearance from the EFCC.
“This should be done before the account can be closed and the balance transferred electronically to another account,’’ the circular said.
The CBN, however, said that where the bank is suspicious on the activity of its customer, such suspicious transaction should be filed with the Nigerian Financial Intelligence Unit (NFIU).
It said that the timeline for the resolution of BVN issues should be five working days from the time a customer submits all the required documents. (NAN).