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Cross River Acting CJ Directs Unpaid Magistrates To Withdraw From Sitting Till Further Notice

As Falana, SAN, says the directive of the Acting CJ is illegal as such is the exclusive power of JSC.

The Acting Chief Judge of Cross River State, Honourable Justice Eyo Efiom Ita, has directed the 29 Magistrates who have not been paid their salaries since their appointment in February 2019 to withdraw from sitting in court till further notice

This is contained in a circular dated January 4, 2021, signed by the Chief Registrar, Edem N. Okokon, Esq. sighted by TheNigeriaLawyer

“There is no conscientious reason to have allowed you to work without pay for all this while as you may be tempted to fall into corrupt practices in order to survive.

There are in fact, a handful of reports already received against some of such Magistrates; hence this directive.” the circular reads in part

The affected Magistrates are therefore advised to “stay at home until the issue of your salaries is resolved.”

In reaction, Femi Falana, SAN, has said that the directive of the Acting CJ is illegal as such is the exclusive power of the Judicial Service Commission, JSC.

“The act of the Acting CJ is illegal as the JSC is the only competent body to discipline the Magistrates,” he said

He added, “The tenure of the Acting CJ( the 4th so far), expires in 5 days time and it is not clear if the Governor Ayade will finally appoint a substantive CJ or reappoint Justice Effiom, in another capacity.”

Thenigerialawyer

The Implication Of What AG C’River Said About 29 Magistrates Is That Their Judgments Are Nullities — NBA Calabar

Says NBA Will Take It Up As Its Responsibility To Speak On Behalf Of Magistrates And Judges

The Nigeria Bar Association (NBA) Calabar Branch, Cross River State has declared that if the employment of the 29 protesting magistrates engaged by the Cross River State Government is illegal and fraudulent, all the judgments they delivered have equally become a nullity.

Speaking to DAILY POST, not TheNigerialawyer via phone on Thursday, the Chairman of NBA, Calabar Branch, Bar Paul Ebiala stated that if the employment of the 29 protesting magistrates is illegal and fraudulent as alleged by the Attorney General and Commissioner for Justice in the State, the judgement they delivered in the past two years is also a nullity as they have no jurisdiction.

The Attorney General had alleged that the employment of the 29 magistrates was fraudulent as the State Governor, Prof Ben Ayade did not authorise or approve it.

He had also threatened to sue the magistrates.

But reacting, the NBA chairman said, “We are talking about implications because I didn’t participate in the employment, I don’t know what they saw that they were alleging fraud, until the facts are revealed.

“The only thing I can say in the circumstance is the implication of what the Attorney General said, simply, if their appointments were fraudulent and illegal, then of course they have no jurisdiction to sit when they were sitting, that is the meaning.

“What the Attorney General said on behalf of the Governor means, therefore, that all the judgments that had been delivered by these magistrates would be a nullity because they have no jurisdiction to sit in that capacity.

“Until the person is employed properly, following due process, he cannot assume the function of a judicial officer, you cannot assume such office if you are not employed properly and documented by a proper agency of government, Until we get to the bottom of it, we don’t know who is speaking the truth.”

“The only thing why the NBA is involved is that people who were lawyers, who are now magistrates and judges, are affected, they cannot go there and talk, we will take it as a responsibility to talk on their behalf.

“The other thing we can do is that if they want to go to court, National Industrial Court to challenge whatever may come, we can assist by raising a team of lawyers free of charge to defend the magistrates,” he reiterated.

Thenigerialawyer

Notice To Quit From Any State In Nigeria Is A Violation Of Human Rights.

Daily Law Tips (Tip 715) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
The Federal Republic of Nigeria is an indivisible and indissoluble sovereign state, made up of 36 states and the Federal Capital Territory. The Constitution of the Federal Republic of Nigeria is the supreme law in Nigeria. The constitution is higher and mightier than all persons, institutions, governments, states, kingdoms, groups, tribes, religions, political parties and political office holders in Nigeria and even outside Nigeria.

Notice To Quit A Part of Nigeria:
Every person in any part of Nigeria has fundamental human rights. Fundamental human rights are constitutionally provided entitlements of persons in Nigeria, for being human beings or corporate beings. The fundamental human rights in Nigeria are; the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression and the Press, the Rights to Peaceful Assembly and Association, the Right to Freedom of Movement, the Right to Freedom from Discrimination and then, the Right to Acquire and Own Immovable Property anywhere in Nigeria.

Conclusion:
Any person in Nigeria can exercise and practise any religion of his/her choice and may even practise no religion. Any person in Nigeria can freely express his/her views on any issues whatsoever. Also, any person in Nigeria can freely move in Nigeria, stay and settle in any state in Nigeria as well as freely acquire, own or dispose any immovable (landed) property in any part of Nigeria. Any breach or attempt to breach any fundamental human right of any person in Nigeria is unconstitutional and can be challenged in court by the victim or any other person. Hence, any Notice to Quit from any part of Nigeria, call for any Nigerian to vacate any state or any forceful removal of any person from any part of Nigeria is a breach of human rights.

My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 305, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of RANSOME-KUTI & ORS v. AG FEDERATION & ORS (1985) LPELR-2940(SC)
3. The judgment of the Supreme Court of Nigeria (on meaning and nature of fundamental human rights) in the case of AGBAI & ORS v. OKOGBUE (1991) LPELR-225(SC)
4. The judgment of the Supreme Court of Nigeria (on documents for cases of fundamental human rights) in the case of EFCC v. REINL (2020) LPELR-49387(SC)
5. The judgment of the Supreme Court of Nigeria (on when and why fundamental human rights can be restricted/suspended) in the case of DOKUBO-ASARI v. FRN (2007) LPELR-958(SC).
6. Onyekachi Umah, “Legal Remedies Can Be Sought Not Only For Breach But Fear Of Breach Of Fundamental Human Rights.” (LearnNigerianLaws.com, 9 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-160-legal-remedies-can-be-sought-not-only-for-breach-but-fear-of-breach-of-fundamental-human-rights/ > accessed 14 January 2021
7. Onyekachi Uma, “Courts That Can Hear Cases of Fundamental Human Rights In Nigeria” (LearnNigerianLaws.com, 2 May 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-92-courts-that-can-hear-cases-of-fundamental-human-rights-in-nigeria/> accessed 14 January 2021
8. Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (learnNigerianLaws.com, 15 October 2020) <https://learnnigerianlaws.com/endpolicebrutality-the-right-to-protest-is-a-human-right/> accessed 14 January 2021
9. Onyekachi Umah, “Time To Oppose Cases Of Breach Of Human Rights In Nigeria” (LearnNigerianLaws.com, 24 August 2018) accessed 14 January 2021.
10. Onyekachi Umah, “Requirements For Enforcement of Fundamental Human Rights” (LearnNigerianLaws.com, 3 November 2020) <https://learnnigerianlaws.com/requirements-for-enforcement-of-fundamental-human-rights/ > accessed 14 January 2021.
11. “Human Rights” (Stanford, 14 October 2020) <https://plato.stanford.edu/entries/rights-human/> accessed 14 January 2021.
12. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://learnnigerianlaws.com/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.
13. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://learnnigerianlaws.com/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 14 January 2021.
14. Onyekachi Umah, “When and How Can Government Prohibit Protest In Nigeria” (LearnNigerianLaws.com, 19 October 2020) <https://learnnigerianlaws.com/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 14 January 2021.
15. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://learnnigerianlaws.com/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 January 2021.

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Nigerian Hospital Deceived Us, Claimed Ex-Lagos Military Administrator, Ndubuisi Kanu Was Recovering Before His Death —Widow

GLADYS, widow of former military administrator of Lagos and Imo states, Real Admiral Ndubuisi Kanu, on Thursday blamed her husband’s death on a private hospital that was treating him.

Mrs. Kanu told newsmen that the family had concluded plans to fly the former naval officer abroad when the hospital’s medical personnel said he had recovered.

She did not name the hospital.

According to her, the late Kanu had not been sick for so many years, prior to the last illness.

Asked about the former Milad’s last moment, Mrs. Kanu said: “He didn’t really have any last moment because he has never been sick all the years I’ve known him; never been in any hospital.

“We used to go for check-ups near our home in London, like twice in a year, but not for him to be admitted to the hospital. He was only sick for about 11 days. At the time I was trying to fly him abroad with an air ambulance, the hospital where he was, was telling me there was nothing serious, that he has recovered. They kept giving false hopes and deceiving us.

“We got admission for him in a London hospital. We were arranging the air ambulance before they (medical personnel) said there was no need for that, that he’d recovered, only for them to send me a message yesterday (Wednesday) that he had passed on.

“It wasn’t long enough. He was in the hospital for only 11 days.”

She said her last conversation with her husband was on Monday.

She described him as an intelligent man.

Thenigerialawyer

PUBLIC ALERT: Fake COVID-19 Vaccines Already In Nigeria, Says NAFDAC

No COVID-19 vaccines have been approved by NAFDAC. Fake vaccines can cause COVID-like illnesses or other serious diseases that could kill.

said it had received reports of the importation of fake COVID-19 vaccine into Nigeria.

Addressing a virtual press conference on Friday, NAFDAC Director General, Prof Mojisola Adeyeye, said the agency had neither received nor approved any COVID-19 vaccine from manufacturers for use in the country and warned against unauthorised orders.

She said since the vaccines are new, the side effects must be well monitored by the agency.

“NAFDAC agency has not received any application from COVID-19 vaccine manufacturers yet and therefore no vaccines have been approved by NAFDAC. COVID-19 vaccines are new, and the side effects or adverse events must be well monitored, therefore, if NAFDAC does not approve, the public should not use (them),” Adeyeye said.

“There are reports of fake vaccines in Nigeria. NAFDAC is pleading with the public to beware. No COVID-19 vaccines have been approved by NAFDAC. Fake vaccines can cause COVID-like illnesses or other serious diseases that could kill.

“Vaccines should not be ordered by any company or corporation. The companies that manufacture the vaccines, if they are genuine companies know they have to submit their application to NAFDAC.

“No government establishment or agencies should order COVID-19 vaccines without confirming from NAFDAC if the vaccine has been approved.”

SaharaReporters

US rioters sought to “capture and assassinate” lawmakers at Capitol, say prosecutors

US prosecutors now believe supporters of President Donald Trump planned to “capture and assassinate elected officials” in their siege laid to the Capitol building last week, according to a new court filing.

The filing, submitted by Justice Department lawyers late Thursday, sought the detention of Jacob Chansley of Arizona, the QAnon conspiracy theorist pictured in the riot dressed as a horned shaman at the desk of Vice President Mike Pence.

“Strong evidence, including Chansley’s own words and actions at the Capitol, supports that the intent of the Capitol rioters was to capture and assassinate elected officials in the United States government,” prosecutors said of the January 6 siege.

They said Chansley, 33, left a note for Pence at the dais in the Senate Chamber where the second-in-command had been standing just minutes before, which read: “it’s only a matter of time, justice is coming.”

The filing, according to AFP, gives further insight into the FBI probe on the day of chaos at the center of American democracy, which left elected officials holed up fearing for their lives and at least five people dead, including one police officer.

It comes as authorities lay charges against individuals involved in the riot, including a man who flew the confederate flag inside the building, a man who wore a “Camp Auschwitz” sweatshirt and a US Olympic swimming gold medalist.

Chansley is due to appear in court on Friday.

Prosecutors said he is a regular drug user and likely has mental health problems.

“Chansley has spoken openly about his belief that he is an alien, a higher being, and he is here on Earth to ascend to another reality,” the filing read.

Prosecutors requested he be detained as he “poses serious risks of flight and danger to the community.”

Chansley subscribes to QAnon, the far-right conspiracy theory blamed for fueling a section of Trump’s supporters at the Capitol building.

Social media platforms have started cracking down on its followers, who believe Trump is waging a secret war on a liberal cult of Satan-worshipping pedophiles.

In a bipartisan vote, Trump was impeached Wednesday for “incitement of insurrection” by egging on a huge crowd of his supporters to march on Congress.

The center of Washington was in lockdown early Friday as more than 20,000 armed National Guard troops were mobilized after officials warned of the threat of more violence at the presidential inauguration of Joe Biden on January 20, as well as in state capitals.

Theconclaveng

As Compol Mrs. Ngozi Onadeko Starts After DIG Mrs. Irvy Okoronkwo, Rtd, Would The World Perish If A Woman IGP Emerges In Nigeria?

By Sylvester Udemezue (UDEMS)

MEMORY VERSE:

“Nothing is impossible, the word itself says ‘I’m possible’”
(per Audrey Hepburn)

I have just gone through a piece of 12/01/2021 breaking news item tilted, “BREAKING!!! Nigeria’s First Female Commissioner Of Police Emerges In Oyo”, which reports that “There has been a change of guard in the Oyo State police command with the deployment of Mrs. Ngozi Onadeko, as the new commissioner of police. Mrs. Onadeko takes over from Mr Nwachuckwu Enwonwu. Mrs. Onadeko is the first female to occupy that position in the state. Her posting is at the instance of the Inspector General of Police, Mohammed Adamu”.

I heartily congratulate Compol Mrs. Ngozi Onadekobob this feat; it is a no mean feat. Like Irvy Okoronkwo, you’ve shown that what a man can do, a woman can do even better. It is important at this juncture to recall that as the First Female Commissioner of Police In Oyo State, Mrs Ngozi Onadeko has started after retired DIG MRS IRVY UCHE OKORONKWO, Nigeria’s first female Commissioner of Police.

Mrs. Ivy Okoronkwo, appointed was appointed a Compol for Ekiti State, by IGP Sunday Ehindero in 2005. (See: “Nigeria: IG Appoints 1st Woman Commissioner of Police” 29 DECEMBER 2005, published by allafrica.com). As the Commissioner of Police (CP) in charge of Ekiti State, Nigeria, she was the first female police officer to be posted to head a State Command in the Nigerian Police.
Mrs Okoronkwo was later promoted to the rank of an Assistant Inspector General of Police (AIG) and posted to head Zone 7, thus becoming the first female officer to head such a zonal command.
On Tuesday, 5 October 2010, Mrs Irvy Okoronkwo was appointed a Deputy Inspector General of Police, and made the second-in-command to the Inspector General of Police, Mr. Hafiz Ringim. She again became the first female officer to be appointed a Deputy Inspector General of Police in the Nigeria Police. (See: wikipedia).

Bravo to Nigerian women in the Police Force. Like Marie Curie once said, “[women] must believe that [they] are gifted for something, and that this thing, at whatever cost, must be attained”. There’s a saying, attributed to
Margaret Thatcher, that if you want something said, ask a man, but if you want something done, ask a woman. Further, some believe that there is no tool for true development more effective than the empowerment of women. I therefore charge you, Compol Mrs Ngozi Onadeko, to be like Madeleine Albright who once declared, “It took me quite a long time to develop a voice, and now that I have it, I am not going to be silent”, or as Maya Angelou who about herself said, “I am a woman / Phenomenally / Phenomenal woman / That’s me”.

This is no joke nor any exerggeration; there’s something so special about a woman who dominates in a man’s world. It takes a certain grace, strength, intelligence, fearlessness, and the nerve to never take no for an answer. Indeed, there should be no limit to what you, as a women, can accomplish; or, since there are no ceilings, let the sky’s the limit.

It is in this light that I charge you, dear Compol Mrs Ngozi Onadeko, to keep going — keep going higher. As things stand in our country, with men having proven a total failure in providing security, in governance, and in most aspects of leadership, we need women at all levels, including the top, to change the dynamic, to reshape the conversation and to make things better. Who knows, Compol Onadeko may well suppass DIG Okoronkwo who was stopped as the deputy IGP. May I ask, Would the world fall flat, pass away or breath its last if a woman IGP emerges in Mrs Ngozi Onadeko? Go for it, ma, to make the womanfold proud. It is not impossible. Listen to this counsel by Francis of Assisi on how to make possible and easy what otherwise appears impossible: “Start by doing what’s necessary; then do what’s possible; and suddenly you are doing the impossible.” The mere fact that no woman has ever done it doesn’t mean you can’t do it. If you do what other women before you didn’t do: extra hardwork in the legitimate direction, coupled with a thorough belief in yourself, you’d achieve what they couldn’t achieve. A positive attitude is key to success, progress and fulfillment. Said George Bernard Shaw: “progress is impossible without change, and those who cannot change their minds cannot change anything.” Let the per Audrey Hepburn’s immutable words be your inspiration: “Nothing is impossible, the word itself says ‘I’m possible’”

Best wishes. And congratulations once again. From a Retired Resident of Ibadan, Oyo State (RRIOS), within your Police jurisdiction,

Sylvester Udemezue (UDEMS), 08109024556., [email protected]. (14/01/2921)

Second Wave Of Covid-19: Lagos CJ, Justice Alogba Restricts Number Of Persons To Attend Court

In view of the second wave of Covid-19 and as a precautionary measure, the Chief Judge of Lagos State, Hon. Justice Kazeem Alogba, has restricted the number of persons to be in attendance in courts.

The Chief Judge, in a circular made available to TheNigeriaLawyer with reference number LASJ/312455/Vol.1/24 dated the 15th day of January, 2021, and signed by the Director of Administration and Human Resources of the court, Mr. Sanusi Adewale, said, only those engaged in essential services are to report for work and will be allowed into the court premises.

The Circular states that in High Courts, only the presiding Judge and four (4) other staff, which include, the Secretary, Legal Registrar, Court Clerk and Recorder shall attend court.

As for Magistrate Courts, the attendance is restricted to only the Chief Magistrate on grade level 15 and above, together with their legal registrars and court clerks.

The Chief Registrar and Deputy Chief Registrar, however, are expected to be in attendance throughout the week, with the chief registrar having two support staff and the deputy having the secretary and additional staff on a rotational basis.

“All Deputy Chief Registrars (DCRs), Heads of Departments (HoDs), Sectional and Unit Heads (HOUs) would be at work.” the circular reads in part

Furthermore, Heads of Litigation, Probate, and Deputy Sheriff Sections, are to resume work along with their ACRs and two (2) staff members to be in attendance twice a week while ACRs outside the Ikeja and Lagos divisions are required to work with only one sheriff corp on daily basis.

The appellate section of the work will operate with the ACRs and 2 officers weekly while the Heads of Valuation, Budget & Planning, Public Affairs, Internal Audit, as well as the Procurement Units will have a staff with them daily on a rotational basis, that of the fast track section of the court will have two officers on a daily basis.

The director of accounts, the chief accountant and two (rotational) staff are expected to also be in attendance at the

Finance & Accounts Department of the court. The Admin & HR department will have its responsibilities rotated daily from amongst the heads of its units together with an officer in attendance, whereas the director of the department will daily attend to work with two officers.

The circular further notes that “Courts are to sit only thrice in a week, between Monday to Thursday at the discretion of the Hon. Judges and the and the Chief Magistrates respectively.

It added that “As part of of the addendum to this circular, it should be noted that only officers on duty for a particular day will be allowed into the premises with strict adherence to the Covid protocol as prescribed by the Nigeria Centre for Disease Co [NCDC] along with the official pass.”

Thenigerialawyer

COVID-19: UK To Close All Travel Corridors From Monday

British Prime Minister Boris Johnson on Friday said the country will close all travel corridors from Monday as part of efforts to curb the spread of the deadly coronavirus.

According to the BBC, travel corridors were introduced in the summer to allow people travelling from some countries with low numbers of COVID-19 cases to come to the UK without having to quarantine on arrival.

The closure now means anyone flying into the country from overseas will have to show proof of a negative COVID-19 test before setting off.

The UK has been one of the hardest-hit countries by the pandemic, with over 84,000 people already dead.

The government imposed partial lockdowns on England in November as the government raced to curb spiking infections, while there were also restrictions in Wales, Scotland, and Northern Ireland.

Meanwhile, restrictions continue to cost the UK economy.

The economy slumped 2.6 percent in November on coronavirus restrictions, official data showed Friday, stoking fears that the current virus lockdown could spark a double-dip recession. (thenigerialawyer)

We’ll Sell Public Assets To Fund 2021 Budget — FG

The federal government is currently under tremendous pressure to pool funds to augment the 2021 budget shortfall of N5.2 trillion.

To this end, it will, in addition to borrowing locally and internationally, sell some government-owned properties for the same purpose.

Also on the card is the plan to sell some non-oil assets to serve as additional source of finance for the year’s budget.

This arrangement is contained in the public budget presentation made recently by the Finance Minister, Mrs Zainab Ahmed.

The N13.58 trillion budget for the 2021 fiscal year is N505 billion higher than the budget proposed in October, 2020.

In the approved budget, about N496.5 billion was approved for statutory transfers and N3.3 trillion was approved for debt services.

The recurrent expenditure was put at N5.6 trillion with capital expenditure at N4.1 trillion and fiscal deficit at N5.2 trillion (5,196,007,992,292).

Tongues are wagging over government’s addiction to borrow to fund budgets annually. For this year, the government is to borrow N5.6 trillion from domestic and foreign resources. The amount being the total deficit for the 2021 budget.

This represents 3.93 per cent of the GDP.

According to the budget, “Sales of government property” and “non-oil asset sales” were listed under the “additional financing” section of the document. This section shows an overview of how the deficit will be financed.

Although it did not state the companies listed for sale, neither did it state the expected revenue from the sales, this confirms earlier speculations of the government’s plan to sell off some properties.

In November 2020, the Senate committee on privatisation said it was not aware of the government’s plan to sell or concession some national properties through the Bureau of Public Enterprise (BPE). This was during the agency’s 2021 budget defence session.

Documents presented to the committee showed plans by the federal government to sell the Integrated Power Plants in Geregu, Omotosho, and Calabar at N434 billion in 2021. (thenigerialawyer)

TIPS