Prosecution stalls Nnamdi Kanu's fundamental rights suit

Kanu

Hearing into the case of alleged fundamental rights violation brought before the ECOWAS Court of Justice by leader of the Indigenous People of Biafra,  Nnamdi Kanu was on Tuesday stalled following the absence of the respondent counsel in court. 

The lead counsel to the Nigerian government,  Dayo Akpata was reportedly having a meeting with the Vice President,  Yemi Osinbajo and subsequently unable to make it to Tuesday's court session.

The applicant,  Mr. Kanu had approached the court through his lawyer,  Ifeanyi Ejiofor, with a motion against the Nigerian government on alleged violation of his rights and demanded an order of the ECOWAS Court for government to pay a sum of $800 million as damages for the alleged violation.

The matter had been adjourned for further hearing of the substantive suit and inclusion of fresh motions by Mr. Ejiofor on Tuesday,  but was further adjourned following the inability of the prosecution counsel to attend the hearing.

A counsel representing the Attorney General at the court,  Abdullahi Abubakar asked for separate adjournments on Tuesday, at the instance of the prosecution.

Mr. Abubakar earlier told the court that Mr. Akpata was at the Supreme Court for a different matter and asked for a short postponement of the hearing.

Following Mr. Abubakar's application,  the case was stood down for two hours.

After the court resumed session on the matter,  Mr. Abubakar again approached the court with another request for an adjournment on the grounds of the fact that Mr. Akpata who is also the solicitor-general of the federation, was having a meeting with the Vice President. 

Mr. Abubakar further told the court that his team had not gotten some of the documents from a previous ruling in the ECOWAS Court. 

Responding however,  Mr. Ejiofor accused the Nigerian government of 'deliberately delaying the matter'.

Mr. Ejiofor asked the court to compel the respondent to pay a cost of N 2, million for what he described as deliberate frustration of the matter.

Reacting to the submission of Mr. Ejiofor,  Mr. Abubakar said the previous adjournment on the matter was not at the instance of the respondent but based on a request from the court.

The three-member panel,  led by Justice Hemeye Mahdmadane consented to the submissions of Mr. Abubakar regarding the facts resulting in the last adjournment.

The court also postponed the matter till November 21, for hearing of all the applications and determination of Mr. Ejiofor's motion for award of cost against the respondents.

Reacting to questions from journalists as to the reason for his client's absence in court,  Mr. Ejiofor reiterated his earlier stance that 'only the Nigerian army can speak on Mr. Kanu's current location.

"The Military and Federal government are in a position to tell me where my client is. We are going to settle it in court," he said.

Mr. Kanu has not been seen in public, since September 14, after Mr. Ejiofor accused the Nigerian army of invading his client's residence and 'possibly killing or abducting Mr. Kanu'.

The applicant is facing trial for alleged treason able offenses.

His group,  the Indigenous People of Biafra has been proscribed as a terrorist group by the Nigerian governmen

Dis NNPC gbege and de hand wen we Presido get for de matter

Baru and Kachukwu

PREMIUM TIMES done dig out de hand wen President Muhammadu Buhari get for inside de gbege wen dey shelle for Nigerian oil company, NNPC.

As many of una go done watch and read for we media, the number two oga for NNPC Ibe Kachukwu been write one letter wen get de date of August 30.

For inside dat letter, Kachukwu bad mouth de number 3 oga for NNPC, Maikanti Baru, say Mr. Baru dey carry shoulder high for am.

According to dat August 30 letter, wen Kachukwu been write; he accuse Baru say de number three man for NNPC, dey give people contract wen him (Kachukwu) nor know anything about.

Mr. Kachukwu come add for dat letter, say him decide to put the complaint for black and white because him don dey try tey tey; to talk to we Presido, Buhari but him no get luck speak to we baba.

Na till on Monday na him Mr. Baru come write him own side for inside de gbege, o.

For Inside Mr. Baru reply wen him write through NNPC talk talk person, Ndu Ughamadu; him talk say de bad mouth wen kachukwu dey give am na for nothing, o.

According to Mr. Baru, him say de laws wen concern contracts for NNPC no make am compulsory say Kachukwu must know about NNPC contracts wen come from him office.

According to the two letters; PREMIUM TIMES come discover say na because of de way wen Presido, Buhari take handle de matter na him cause de gbege.

President Buhari

The story follow say, wen Baru first start dey try make some changes for NNPC, Presido Buhari been dey sick dat time for abroad.

According to de story, Mr. Baru been tell acting Presido, Yemi Osinbajo; dat time, say make him approve de changes but Mr. Osinbajo nor gree. The acting Presido been tell Mr. Baru say lai lai; na until Kachukwu approve the changes na him Presidency go put hand, o!

V.P. Osinbajo

Instead make Mr. Baru carry de matter go meet Kachukwu, the story add say him no gree, o! na until wen Presido Buhari come back na him Mr. Baru come carry the issue give am. Presido come approve.

Na because of dat matter, na him make wen Mr. Baru come write dat letter, o.

Las Vegas casualty now 58, over 500 injured

Las Vegas casualty now 58, over 500 injured

Evelyn Okakwu

The number of fatal casualties in the Las Vegas concert massacre has risen to 58 with the injured victims numbering over 500, the Cable News Network, CNN reports.

The deadly massacre described by the CNN as the worst of its kind in America’s history had occurred, Sunday night, while Americans partook in a final phase of singer Jason Aldean’s music festival.

Speaking on a life broadcast to update journalist on the event, Sheriff, Joe Lombardo said the police have discovered 10 rifles in the apartment at the 32nd floor of the Mandalay Bay hotel, where the shooter was suspected to have been lodging since September 28. He added that following current findings, the rifles found in his apartment must have been brought by the suspected shooter, Stephen Paddock.

Mr. Lambardo also said contrary to previous reports that the police had killed the Mr. Paddock, they had reasons to believe he killed himself.

“I know that he had killed himself. We know that he brought the weapon in on his own. Said Mr. Lambardo.

Mr. Lombardo also said the hotel’s room service reported finding nothing unusual while cleaning the room belonging to Mr. Paddock.

The police chief also said a thorough search on related data on Mr. Paddock’s affairs have shown no link with local or international terrorists.

Also according Mr. Paddock’s brother, Eric Paddock, ‘although his brother may have had at least one hand gun, he had no automatic weapons,’ to his (Eric’s) knowledge.

“It makes no sense,” he never hit anybody,” said the shooter’s brother.

The American police is still looking out for links to the possible reasons for the deadly incidence.   

American President Donald Trump has reacted to the incidence and is expected to visit Lass Vegas soon.

“It was an act of pure evil. We cannot fathom their pain, we cannot imaging their loss. The families of the victims; we are praying for you, we are here for you,” Mr. Trump said.

The suspected shooter started firing an automatic rifle from the 32nd floor of the Mandalay Bay hotel at 10:08 pm (0708 GMT) at a crowd of people watching an outdoor music.

The shootings continued for moments until the police arrived the scene of the incidence

100 days without the President: Controversy trails Buhari’s continued absence from Nigeria

Evelyn Okakwu

The President; during a recent visit by his media team to London.

Exactly 100 days since he left Nigeria on Sunday, May 7 for London to attend to his ailing health, controversy has continued to trail President Muhammadu Buhari’s continued absence from the country.

Since Mr. Buhari’s travelled, the presidency has repeatedly tried to assure Nigerians he was getting better and would soon return to the country.

Photos of the president meeting with different categories of public officials and politicians in London, where he is receiving treatment, have been circulated to calm concerned citizens. Also, officials who have met the president including Acting President Yemi Osinbajo and Governor Rochas Okorocha of Imo have repeatedly said he was getting better and would soon return to the country.

His aides have also said he would only return when his doctors so advice and that only Mr. Buhari could tell Nigerians the true nature of his illness or indeed his health status.

However, while the latest trip is Mr. Buhari’s longest outside the country, it is not the first time the president would travel on health grounds.

HISTORY OF HEALTH TRAVELS

Since assuming office as Nigeria’s democratically elected President on May 29, 2015 Mr. Buhari has been away four times on similar vacations, while handing over power to his deputy, Yemi Osinbajo as acting President, in compliance with section 145 (1) of the 1999 constitution.

During his first trip, eight months after assuming office, Mr. Buhari departed the country onFebruary 5, 2016 to return five days later according to a letter signed by his special assistant on media, Femi Adesina.

Exactly four months later on June, 5 2016, the president embarked on a second journey to London, this time to attend to a problem with his ear, his aides said.

The subject of Mr. Buhari’s health started dominating the national discuss, when during his third trip, on January 19, Mr. Buhari extended his medical vacation, after an initial announcement that his trip would last ten work days.

In the letter regarding his travel, dated January 18 Mr. Buhari had indicated that he would be away for 10 days on a medical vacation to attend to his health.

The leave was supposed to last between January 23 and February 6, according to the letter transmitted to both chambers of the National Assembly.

However a day before the expiration of the vacation on February 5, the National Assembly received yet another letter from the president requesting the extension of his medical leave.

This time, a date of return was not included in the statement, signed by Special Adviser to the President on Media and Publicity, Femi Adesina.

Femi Adesina

According to the statement, the extension was needed “to complete and receive the results of a series of tests recommended by the President’s doctors.”

The situation was further heightened by inconsistent information regarding the president’s health status as disclosed by his aides.

On March 10, exactly 50 days after his departure, Mr. Buhari returned but was not able to adequately discharge his duties.

About 58 days later, on May 7, the president embarked on another journey for his medical check-up, without any specific date for his return.

Announcing the president’s departure on his twitter handle, his spokesperson, Femi Adesina, said the latest journey was for Mr. Buhari’s‘medical follow up’, adding that the date of his (president’s) return would be determined by his doctors.

Various individuals and groups have reacted to the president’s medical vacation, giving divergent opinions on the matter.

In his comment regarding the issue, a Senior Advocate of Nigeria, Robert Clark said the section of the constitution that deals with the president’s handing over of power in the event of a vacation, is defective.

“That section 145 says that unless the president himself sends a contrary statement; you cannot do anything; that is the lacuna. Buhari can stay till the end of his tenure; nothing will happen,” Mr. Clark said.

Another lawyer, Liborous Oshoma, who spoke with PREMIUM TIMES on the matter listed five questions that he believes Nigerians should address about Mr. Buhari’s medical vacation.

“What is the status of the President health?

“Who is paying for his medical and or hospital bills?

“If we (Nigerians) are the ones paying, how much have we paid thus far?

In another opinion, Razak Atunwa, a member of the House of Representatives from Kwara State, said the government is running smoothly because of Mr. Buhari’s respect for the rule of law.

“With all sense of patriotism and equanimity, it is important to bear in mind that we have a president who is in a situation that is by no fault of his own.

“Having met the constitutional provisions, the president shows he is a man of rule of law,” Mr. Atunwa, a member of the ruling All Progressives Congress, said.

“Governance has not suffered and will not suffer for his being away,’ he added.

About 90 days after Mr. Buhari’s departure, a group of Nigerians led by popular entertainer, Charles Oputa, also called Charly boy, began a protest to demand Mr. Buhari’s compulsory return or resignation with a hash tag #ResumeOrResign.

anti-Buhari portesters in Abuja

Five days after the protesters began their call for Mr. Buhari’s compulsory return, a pro- Buhari group, led by Goodluck Obi, began a counter protest urging the president to rather focus on getting better before returning; a development which resulted in a clash between the two groups.

On Tuesday, the #ResumeOrResign group took their protest to the Wuse Market, the largest market in the Nigerian capital Abuja, where they were attacked by suspected supporters of the president.

The market was subsequently shut down due to the violence which took an ethnic dimension.

THE CONTROVERSIAL LAW

As the controversy surrounding the president’s absence continues, the relevant section of the Nigerian constitution relating to Mr. Buhari’s absence is Section 145 (1) which states that:“Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.”

As stated by Mr. Clark, the senior advocate, that section puts no time limit for which he can be outside the country.

The Nigerian Senate

The Nigerian Senate also adopted a similar stance when it stated that Mr. Buhari did no wrong as he complied with that section before leaving the country.

While the president remains outside the country, the controversy surrounding his health and fitness to continue in office lingers. For protesters demanding he returns immediately or resigns, they have vowed to continue their protest despite the Tuesday violence.

“We reiterate commitment to remain resolute in demanding full disclosure regarding the state of health of the President. It is the right of the Nigerian people to know the true state of health of the man they voted into power and for whose healthcare they are paying,” one of the leaders of the protest, Deji Adeyanju, said in a statement on Tuesday.

“We read almost every day in the news that Mr. President is recovering fast and would soon return to his seat. Is he in any condition to continue when he returns? Or he will return and go back after a couple of weeks or months?

“Why is resignation not an option?” the lawyer said.

Revers rerun: More details on why Federal Court questioned IGP’s investigation panel

Nyesom Wike

Evelyn Okakwu

An Abuja division of the Federal High Court on Tuesday described as unconstitutional the investigation panel set up to access allegations of violence in the December 10 2016 election rerun in Rivers state.

Delivering a ruling on an application filed by the Rivers state governor, Nyesom Wike, the Presiding Judge, Gabriel Kolawole, said the panel established by the Inspector General of Police, Ibrahim Idris is “not only unknown to law, but equally unknown to Nigeria’s Criminal justice system”.

Mr. Wike had approached the court with 12 grounds of appeal seeking the nullification of the investigation panel set up by the Inspector General of police, Ibrahim Idris.

The panel had as part of its 15 members, officers of Nigeria’s State Security Service

Mr. Wike’s lawyer, Mike Ozehkome contended that the manner adopted by the panel in the conduct of its investigation suggests that the police force had a pre-determined notion of the outcome of their findings.

According to Mr. Kolawole, the section four of the police act which empowers the force to conduct investigations into allegations of security threats, does not however, permit the Police Force to carry out such an investigation in a manner unknown to law.

“Let me state that by the sheer provision of section (4) which provides for the general duty of the police, it is the legitimate exercise of the first defendant’s (IGP) power as the one who commands the police force to delegate the authority to conduct investigation into any matter regarding his officers, with the permission of the President. This is only feasible when the delegation of the powers is being done and confined to police officers under his command. When such delegation involves officers from a sister agency such as the second defendant, (SSS) the question remains whether the first defendant has statutory powers to constitute such a joint special investigation panel,” said Mr. Kolawole.

He added that the constitution which he has examined does not have any specific provision by which the first defendant will be said to have the legal provision to set up such a joint special investigation panel.

“It is my view that the special joint investigation panel which the first defendant set up, in so far as it was not limited to the Nigerian police force over which the first defendant has its command, but extends to the second defendant. It is to this extent that the said investigation panel is unknown to law and not known to the Nigerian criminal justice system. It is sufficient for me that the special joint investigation panel is not only unknown to law but would prove to be an extraction whose existence would create legal doubt to be put forward as a valid legal document”.

Mr. Kolawole however refused the application to set aside the resolutions of the panel.

He advised that the Attorney General of the Federation or such organ as may be required to use the said resolution considers same as bases for further investigation rather than taking decisions based on the final resolution of the panel.

The judge who had stated that no constitution could be regarded as perfect, globally, however lamented the fact that state governors are not empowered by constitution to oversee security agencies within their control.

Mr. Kolawole said although the purpose of his decision is not to serve the bases for arguments about the nation’s federalism but condemned the statutory provisions of the Nigerian laws which, “Which on the one hand clothes state governors as chief security officers of the state and on the on the hand deprives them of the state apparatus to implement such powers.

Chief Medical Director, four others remanded in prison for alleged fraud

 

Acting |EFCC Chairman, Magu

Chief Medical Director, four others remanded in prison for alleged fraud

Evelyn Okakwu

The Federal High Court, in Cross Rivers State on Tuesday remanded the Chief Medical Director of the University of Calabar Teaching Hospital and four others in prison for alleged fraud and abuse of office.

The CMD, Thomas Agan, and the other accused, Offor Jonan; Head of Works and Engineering and Francis Utu who is the Administrative Officer and head of Legal Services at the hospital, as well as two other contractors; Okocha Anthony and Emmanuel Nkim are alleged to have conspired and rigged the bidding process for a contract, in contravention of the procurement act 2007.

According to a statement signed the EFCC’s head of media and publicity, Wilson Uwujaren, Messrs Agan, Jonan and Utu were alleged to have used their positions to illegally influence the award of contract for the purchase of hospital facilities to Messrs Anthony and Nkim, through companies belonging to the contractors.

The companies, Anchor Industrial and Construction Services Nigeria Limited as well as Basemark Energy Nigeria Limited were allegedly used to perpetrate the fraud, resulting in the diversion of over N85 million.

Count one of the charge reads, “That you Prof. Thomas U. Agan  as Chief Medical Director, University of Calabar Teaching Hospital, Offor Jonah Offor as Head of Works and Engineering, University of Calabar Teaching Hospital, Francis I. Utu as Chief Administrative Officer and Head of Legal Services, University of Calabar Teaching Hospital, Okocha Anthony being the alter ego of Anchor Industrial and Construction Services Nigeria Limited and Emmanuel Etta Nkim being the Alter Ego of Basemark Energy Nigeria Limited sometime in the month of October 2015  in Calabar, Cross Rivers State within the jurisdiction of this honourable court did conspire amongst yourselves to bid rig for the purchase of one Advance Life Support Ambulance vehicle and one Toyota Coaster Bus 30 seater to Messrs Basemark Energy Nigeria Limited and Anchor Industrial and Construction Services Nigeria Limited contrary to Section 58(4) of the Public Procurement Act (PPA) 2007 and thereby committed an offence punishable under Section 58(5) of the same Act”.

The defendants pleaded not guilty to the charge. After the pleas were taken the defence counsel,  Mba Ukwenyi, a Senior Advocate of Nigeria, made an oral application for the bail of his client which was refused by the court.

The presiding judge; I.E Ekwo adjourned the case till May, 8 to 12, 2017.