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Stop proliferating issues, Supreme Court warns advocates

In Habibu [2024] 6 NWLR (Part 1935) 483 (SC), 534H–535A, Jauro JSC deprecated issue proliferation, saying:

“[T]he strategy of the appellant’s counsel … is to raise any issue possible, real or imagined, against the judgment of the lower court. From those issues that may appear to be genuine complaints against the judgment of the lower court, to those that appear flimsy down to the outright ridiculous, he raised them all. This is not a good strategy. Counsel should always endeavor to do away with any insubstantial arguments and keep appeals within the limits of genuine and reasonable complaints, if any, arising from the decision appealed against.”

The Humour in Legal Terminology: The origins of a witty observation

By E. Monjok Agom

The world of law is often associated with complexity, nuance, and a dash of dry wit. One quote that encapsulates this wit is the observation that “a lawyer is the only person who writes a 20,000-word document and calls it a brief.” But who coined this phrase, and what does it reveal about the nature of legal language?

THE ELUSIVE ORIGINS OF A WITTY QUOTE

Despite its popularity, the origins of this quote remain shrouded in mystery. Some attribute it to the renowned philosopher and economist Karl Marx, while others claim it is the brainchild of a lesser-known wit. However, a thorough search of Marx’s writings and biographies yields no concrete evidence to support this claim.

A SIMILAR QUOTE FROM A LITERARY GIANT

Interestingly, a similar quote can be found in the writings of Robert Louis Stevenson, the celebrated Scottish novelist and travel writer. In his works, Stevenson remarks, “A lawyer’s brief is usually a long document, and the longer it is, the more brief it is likely to be.” While not identical to the original quote, Stevenson’s witticism captures the essence of the observation, highlighting the irony of a lawyer’s “brief” often being a lengthy and intricate document.

THE IRONY OF LEGAL LANGUAGE

So, what does this quote reveal about the nature of legal language? On one hand, it showcases the often-contradictory nature of legal terminology. A “brief” is expected to be concise and to-the-point, yet in reality, it can be a lengthy and intricate document. This irony is not unique to the term “brief”; many legal terms are similarly counterintuitive, reflecting the complexities and nuances of the law.

THE EVOLUTION OF BRIEFS IN MODERN TIMES

However, in today’s world, the courts have made it an official policy to restrict the number of pages in a Brief. This shift towards brevity and concision is a deliberate attempt to streamline the legal process and prevent unnecessary verbosity.

For instance, in the Court of Appeal in Nigeria, a brief is limited to 35 pages, except with leave. This means that lawyers must be judicious in their use of language and focus on presenting the most critical arguments and evidence in a clear and concise manner.

MATERIALS THAT MAKE FOR A CONCISE AND LUMINOUS BRIEF

So, what makes a brief concise and luminous? Here are some essential materials to include:

  • CLEAR AND CONCISE STATEMENT OF FACTS: A brief should begin with a clear and concise statement of facts, setting out the key events and circumstances of the case.
  • PRECISE AND RELEVANT LEGAL AUTHORITY: A brief should include precise and relevant legal authority, citing statutes, case law, and other authoritative sources that support the argument.
  • FOCUSED AND LOGICAL ARGUMENTATION: A brief should present focused and logical argumentation, setting out the key arguments and evidence in a clear and concise manner.
  • CONCISE AND ACCURATE CITATIONS: A brief should include concise and accurate citations, referencing the relevant authorities and evidence that support the argument.
  • CLEAR AND CONCISE CONCLUSION: A brief should conclude with a clear and concise summary of the argument, setting out the key points and takeaways.

THE BENEFITS OF BREVITY IN LEGAL BRIEFS

The restriction on the length of briefs has several benefits. Firstly, it encourages lawyers to be more focused and concise in their arguments, which can lead to more effective advocacy. Secondly, it helps to reduce the workload of judges and court staff, allowing them to devote more time to the actual hearing of cases. Finally, it promotes efficiency and expediency in the administration of justice.

CONCLUSION

In conclusion, the quote “a lawyer is the only person who writes a 20,000-word document and calls it a brief” remains a witty observation with unclear origins. However, in modern times, the courts have taken steps to restrict the length of briefs, promoting brevity, concision, and efficiency in the legal process. By including clear and concise statements of facts, precise and relevant legal authority, focused and logical argumentation, concise and accurate citations, and clear and concise conclusions, lawyers can craft concise and luminous briefs that effectively advocate for their clients.

E. Monjok Agom
28th February, 2025

Ondo High Court sends man to 18 years in jail for raping and brutally assaulting 23-year-old woman after she rejected his advances

A High Court of Justice, Ondo State sitting in Akure has sentenced a 31-year-old man, Ojo Balogun, to 18 years in prison for r3ping and assaulting a 23-year-old lady (name withheld) after she rejected his advances.

Balogun was arraigned in 2021 on a two-count charge of unlawful and indecent assault and r3pe. He was remanded at Olokuta Correctional Centre before his trial.

Delivering judgment on February 26, 2025, Justice Yemi Fasanmi ruled that the prosecution proved its case beyond reasonable doubt, finding Balogun guilty on both counts.

The judge sentenced him to two years for indecent assault and 16 years for r@pe, to run concurrently.

Prosecuting counsel, H.O. Falowo, told the court that Balogun attacked the victim on June 20, 2020, around 2:30 p.m. at Oje Farm, Afin-Akoko.

He punched her in the face, beat her with a stick, and dragged her into the bush, where he raped her Falowo said the offences contravened Sections 360, 357, and 358 of the Criminal Code Law, Cap. 37, Vol. 1, Laws of Ondo State, 2006.

The prosecution called five witnesses and tendered evidence, including statements, a medical report, and torn underpants.

The victim narrated her ordeal in court, stating that she was on her way to the farm when Balogun attacked her.

“He punched my eyes, beat me with a stick, and dragged me into the bush. He threw away my pants and pressed my mouth while I struggled. Blood was gushing from my mouth as he raped me. Afterwards, he ran away. I couldn’t walk and had to be rushed to the hospital,” she recounted.

She added that she had rejected Balogun’s love advances in 2019, which led to resentment.

Balogun denied raping the victim but admitted to beating her.

However, the judge dismissed his defence, citing medical reports and witness testimonies.

“The doctor’s report confirms forced penetration. The bruises, torn pant, and the defendant’s own admissions corroborate the prosecution’s case.”

He condemned the rising cases of sexual violence, stating that Balogun deserved no sympathy.

“This court must send a strong message. Sexual assaults must be nipped in the bud,” the judge declared.

Sister of abducted Oyo youth corps member says driver handed her over to kidnappers

Aminat Lawal, the sister of the abducted National Youth Service Corps member, Rofiat Lawal, who was kidnapped along the Benin-Ore Expressway on Tuesday, has revealed that her sister was handed over to the abductors who were suspected Fulanis by the driver conveying them.

Aminat disclosed this in an exclusive interview with PUNCH Metro on Thursday.

PUNCH Metro reports that Rofiat was abducted by yet-to-be-identified kidnappers while returning to her Place of Primary Assignment in Oyo State.

A friend of the victim identified as Agbakwara, who raised the alarm about Rofiat’s kidnap in a post on Facebook on Wednesday, noted that the abductors were demanding the sum of N20m for her release.

Agbakwara wrote, “My close friend, Lawal Rofiat Kofoworola, was kidnapped on her way from Benin to Ibadan to resume her PPA in Ogbomosho. She managed to call yesterday and told me she was on an Ore-bound bus when she was taken.

“This is someone who has struggled all her life, supporting herself through university by working at the Dufil company in Benin. Now, kidnappers are demanding N20 million, and we don’t know what to do. Her parents are less privileged and can’t afford this.

“I have reported to the NYSC Secretariat in Ibadan and dropped her call-up number, but there has been no response. We are exhausted and desperate for help.”

Speaking with our correspondent, Aminat disclosed that her sister narrated that the driver conveying them from Benin stopped at Ore where the kidnappers came out from a nearby bush and took them while the driver zoomed off.

She narrated that when the kidnappers contacted them, they demanded N25m ransom for her release, which they pleaded they could not pay, but after several back and forth, they lowered the demand to N5m.

Aminat said, “She contacted us on Tuesday to tell us that she was kidnapped and she said that the driver of the car she boarded was the one who dropped them at the spot where she was kidnapped alongside other passengers.

“When we spoke with the kidnappers, they asked us to bring N25m and we told them that we did not have such money. She is the one who sponsored herself in school. They have reduced the ransom to N5m.”

Meanwhile, the family had resorted to crowdfunding to raise the ransom as requested by the abductors.

In a follow-up conversation with Agbakwara, on Thursday, he noted that the family had resorted to crowdfunding to raise the ransom demanded by the abductors while corroborating the claim that the abducted corper was handed over to her abductors by the driver.

“This evening, the kidnappers allowed my friend and the other victims to call their families. She told me in tears that they were handed over to the Fulani kidnappers after the vehicle they were in dropped them off and drove away. They are all female and have been suffering without food since they were taken.

“The kidnappers are demanding N20m, but she begged that we help raise any amount at all to begin negotiations. She has already spent two days in captivity, and we don’t know what will happen next. We are scared and desperate for help.

“Please, Nigerians, any amount you can donate will go a long way. We can’t wait any longer. Let’s come together and help bring her back safely,” Agbakwara said.

The Oyo State NYSC Coordinator, Odoba Abel Oche, who confirmed the incident in a telephone conversation with our correspondent earlier on Thursday, noted that the victim had left Oyo State for Edo State without notifying the state’s NYSC leadership.

He stressed that security operatives had been alerted to the situation for necessary action while saying that he was not aware if any ransom had been requested by the abductors.

“Her parents reported the incident to us yesterday. We were not aware of the incident before her parents reported it.

“We have contacted the national headquarters, the Ondo and Edo NYSC and we have also alerted security agencies for necessary action. I am not aware if the kidnappers have reached out to demand ransom.

“She went home to Benin without informing the NYSC authority against the instruction of the NYSC. The NYSC has continued to emphasise to corps members the need to always notify the authorities before they travel and to also avoid night travels,” Oche said.

Efforts to get the reaction of the Ondo Police Public Relations Office, Odunlami, proved abortive as she had yet to respond to calls made to her line as at the time of filing this report.

There are growing concerns over the renewed surge in kidnapping which has left no fewer than five other persons captive in the last two weeks.

On February 17, some gunmen kidnapped the National President of the Afenifere Youth Council, Eniola Ojajuni, in Abuja, the Federal Capital Territory.

Similarly, four female students of the Joseph Sarwuan Tarka University, Makurdi, Benue State were abducted on the university’s campus by yet-to-be-identified gunmen on Tuesday.

PUNCH Metro reported in July 2024 that some abducted corps members from Ondo State said the family of each of the victims paid a sum of N1 million before they were set free.

The five victims, who include four corps members and one artisan, were kidnapped by the bandits at about 11 pm at Omi Alafa Village in Ifon, Ose Local Government Area, and dragged the victims into the forest.

The corps members were said to be going back home after the three-week National Youth Service Corps Orientation camp in Enugu and Abia States. It was gathered that the driver and one passenger sitting in front of the vehicle were shot dead by the bandits.

Supreme Court has ended impunity in Rivers, says ex-Governor Wike: A Phyrric victory and a judgment without justice

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By Tonye Clinton Jaja

Nyesom Ezenwo Wike (NEW) was correct when he said about today’s judgment: “Supreme Court has ended impunity in Rivers, says ex-Governor Wike”.

One of the immunities that the Supreme Court of Nigeria put an end to was the use of the premises of the Rivers State House of Assembly for meetings by Amawhule and his group, whose status as law-makers is awaiting final determination by the Supreme Court of Nigeria and a federal high court in Port Harcourt.

Both by the operation of the doctrine of necessity and by his role as the Chief Security Officer of Rivers State, Governor Fubara had a legal duty to prevent infrastructure of Rivers State from being used by persons whose status are awaiting final determination by both the Supreme Court of Nigeria and the federal high court, Port Harcourt.

The Governor of Anambra State is currently applying such tactics by the demolition of premises where illegal persons perpetrating unlawful activities are resident or using such premises for their illegal activities.

Another impunity that the judgment of the Supreme Court of Nigeria has resolved today is the issue of whether Amawhule and his 26 can engage in law-making activities before the final determination of their status by both the Supreme Court of Nigeria and the federal high court, Port Harcourt.

Before now, they were busy churning out Bills and Resolution as if it were a “candy factory”.

With today’s judgment, which says that they should resume, doesn’t imply that they can engage in law-making activities until their status is finally determined by the relevant courts of law.

The implication of today’s judgment is that the Supreme Court of Nigeria is stating that for the records, we recognise that Amawhule was Speaker of the Rivers State House of Assembly as of November 2023.

However, we are going to make a final determination as to whether Amawhule and the 26 are still law-makers of the Rivers State House of Assembly after December 2023 when they announced their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

So in the final analysis, NEW is celebrating a “Phyrric” victory.

A Phyrric victory is defined as: “achieved at excessive cost. A Pyrrhic victory is also costly to the point of negating or outweighing expected benefits. A great but Pyrrhic act of ingenuity.”

So what is there to celebrate because the Supreme Court of Nigeria stated that:

“The Supreme Court has stopped the Central Bank of Nigeria and the Accountant General of the Federation from allocating funds to the Rivers State government until a valid appropriation law is passed by the Rivers State House of Assembly.”

NEW has forgotten that Amawhule and the 26 would not receive any salaries and allowances during the period that Rivers State Government allocations are withheld by the Central Bank of Nigeria (CBN).

And this period would last until the same Supreme Court of Nigeria makes a final determination as to the status of Amawhule and the 26!!!

Also, on the issue of the Rivers State Local Government Area (LGA) Council elections that was cancelled by the Supreme Court of Nigeria, what is NEW celebrating about?

It doesn’t reinstate the previous LGA Chairmen whose tenures were extended by Amawhule and the 26!!!

At best fresh elections would be held and we all know that this would be after the final determination of the status of Amawhule and the 26!!!

And since nature abhors a vacuum, caretaker Chairmen would have to be appointed by His Excellency, Governor Simnialayi Fubara to take charge until whenever the legal hurdles are clarified before the LGA Council elections would hold.

Alternatively, as is the case the incumbent LGA Chairpersons would still hold forth until such a time!!!

Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).

Rivers House of Assembly Imbroglio: Onoja, SAN says Supreme Court verdict has put an end to executive recklessness

  • Law Teacher faults decision, says: ” My worry is why the Supreme would direct a group whose legal status was yet to be determined, to resume sitting…”

The Senior Advocate of Nigeria who led the pro-Wike lawmakers to victory at the Supreme Court on Friday, Dr. James Ogwu Onoja has described the decision of the apex court as a final solution to executive recklessness.

Dr. Onoja led Moses Ebute SAN and Paul Dauda, SAN.

See the video below.

But Sylvester Udemezue, a social critic and lecturer at the Nigerian Law School disagrees that the apex court’s verdict which nullified the recent local government elections in Rivers State and upheld the legitimacy of the 27-member Martin Amaewhule-led State Assembly is a boost to constitutionality.

“We all should be worried about the judgement of the Supreme Court given today. Those celebrating are celebrating prematurely because the discussion is not over (even the Supreme Court so attested when it says the legal status of the group of 27 is yet to be determined. My worry is why the Supreme would direct a group whose legal status was yet to be determined, to resume sitting. Wouldn’t it have been more appropriate for the apex Court to rule on their legal status (one way or the other) so as to settle a these WAHALA once and for all, and WITH FINALITY?

“Was the issue of DEFECTION not raised before my Lords of the apex Court? Was the issue not raised before my Lords, about whether the group of 27 had the LOCUS STANDI to represent the House of Assembly of Rivers State, and to institute the lawsuits? Why did the Supreme Court choose to ignore them but was quick to authorize the group of 27 (WHOSE LEGAL STATUS WAS YET TO BE DETERMINED, AS THE SUPREME COURT ITSELF ADMITTED) to resume sitting to do the work of the House of Assembly even when the attention of the Court had been drawn to their defection and the huge legal effects?

“With due respect, the judgement of the Supreme Court is one-sided, failed to deal with and SETTLE the real issues for determination in Rivers State (defection) since all other issues EMANATED FROM and accordingly DEPEND ON the question of defection.

“The Governor told the Court that the reason he’ was not relating with the group of 27 was because they had defection and thereby lost their seats, on 11 December 2023.. The group of 27 told the court that the Court should ignore Fubara and direct the Governor to recognize the group as representing the legislature of Rivers State. The Supreme Court after looking at the argument of the two sides, decided to ignore the FUNDAMENTAL issues raised by Fubara, and instead approved the position of the group of 27 directing that the position of the Governor should be left to determined by the courts. How balanced was such a decision?”

However, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, has hailed the judgment while pointing out that the apex court’s decision has effectively ended the reign of impunity in Rivers State.

The former Rivers governor also took a swipe at former Vice President Atiku Abubakar and the Chairman of the Peoples Democratic Party (PDP) Governors’ Forum, Bauchi State Governor Bala Mohammed, accusing them of supporting lawlessness in the state.

According to Wike, Governor Siminalayi Fubara has no choice but to fully comply with the Supreme Court’s verdict, as it represents the final legal authority on the matter.

The ruling marks a major development in the ongoing political crisis in Rivers State, reinforcing the authority of the Amaewhule-led Assembly while nullifying the controversial local government elections.

Delta State High Court declares 16 years minimum admission age into universities set by JAMB unconstitutional

The Delta State High Court of Justice Warri, presided by Hon. Justice Anthony O. Akpovi J, on Thursday 27 February 2025 held that the 16 years minimum admission age into universities set by the Joint Admissions and Matriculation Board (JAMB) is unconstitutional.

His Lordship in Suit No. W/311/FHR/2024, John Aikpokpo-Martins v Joint Admissions and Matriculation Board (JAMB) & 4 Ors. gave judgment in favour of John Aikpokpo-Martins. John Aikpokpo-Martins had filed a public interest case seeking the following reliefs:

  1. A Declaration that by virtue of the combined effect of sections 18(1) and 42 of the constitution of the Federal Republic of Nigeria, the restriction of the minimum admissible age into Nigerian universities fixed at 16 years by the 1st defendant and/or any other person or authority violates the constitutional mandate/directive for equal educational opportunities at all levels for all citizens as provided for under the said section 18 (1) and the freedom from discrimination as guaranteed by section 42 of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void.
  2. A DECLARATION that the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities including the 2nd defendant directing them to admit only candidates who will be 16 years old by the 31st day of August 2025 violently violates the fundamental right to freedom from discrimination of the candidates who will be 16 years from the 1st of September, 2025 to the 31st of December, 2025 guaranteed by section 42 of the Constitution of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void and of no effect.
  3. An Order setting aside the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities for being unconstitutional, null and void and of no effect.
  4. An order directing the respondents to admit and/or issue letters of admission to all those candidates who are due to be 16 years from the 1st of January, 2025 to the 31st of December, 2025 and who met all other admission criteria.
  5. An order restraining the 2nd respondent from withdrawing the admission already granted to candidates who will 16 years from 1st of September, 2025 to December 2025 on the basis of the 1st respondent’s directive dated the 16th of October, 2024.
  6. An Order of perpetual injunction restraining the Respondents whether by themselves, their agents, servants, privies and officials from denying candidates admission into Nigerian Universities only on the ground of not haven attained 16 years of age.

An interesting aspect of this case is that A. O. Mohammed, SAN, counsel representing JAMB contended that the court has no jurisdiction to hear and determine the case on the ground that section 18(1) of the 1999 constitution which provides that “government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels” is not justiciable being a part of chapter 2 of the constitution.

John O. Aikpokpo-Martins ., who appeared for himself contended that provisions of chapter 2 of the constitution are ordinarily non-justiciable, however, when such provisions are combined with any provision of the constitution that is justiciable, such provisions of chapter 2 becomes justiciable.

He contended that combining section 18(1) with section 42 of the 199 constitution makes section 18(1) justiciable.

Hon. Justice Anthony O. Akpovi agreed with the submissions, granted his reliefs and entered judgment in his favour except his relief for damages.

Woman accosts man who defrauded her in court while he was appearing for another case

A dramatic scene unfolded at the Pretoria Magistrates Court when a Free State woman confronted and apprehended a man she accused of defrauding her of R800,000 from her pension money.

 As 60-year-old Thabo Chele stepped off the dock after appearing for a separate fraud case, the woman grabbed him by the arm and demanded her money, declaring, “I have been looking for you, and you thought I would never find you. I want my money.”

Chele was appearing alongside his alleged son, Kingsley Chele, for a fraud case where they are accused of scamming victims out of more than R1.2 million. The two, along with three Home Affairs officials, are facing charges of fraud and corruption. The officials are alleged to have provided Chele, who is accused of posing as a doctor, with a fraudulent ID.

The woman had been searching for Thabo since April last year and traveled 150 kilometers from Daneysville to Pretoria after learning about his court appearance. She had last seen him and another accomplice in April when they convinced her to invest her pension money in a scheme, promising her a R5 million return. In December, she recognized a picture of Thabo in Sowetan after his initial arrest and immediately contacted investigator Colonel Masoding Simon Motolla, whose contact details were in the article.

“As I was sitting in court, I saw him [Thabo] coming in and getting into the witness box, and by that time, Motolla was not yet inside the court as he was stuck in traffic. A few minutes later, I saw him walking in. When the case was postponed, I saw Thabo getting out of the dock, and I grabbed him by my left hand and pulled him outside the court. That’s when I started making a noise that he defrauded me and I asked him for my money back. He just kept quiet. Police came and arrested him,” the woman said.

Authorities allege that Thabo and Kingsley Chele targeted medical workers, persuading them to invest in a non-existent pharmacy business before vanishing with their money. The woman is believed to be their latest victim after being deceived into handing over R800,000 from her pension fund.

She recalled being introduced to Thabo by someone she knew as Moosa, who claimed Thabo was a herbalist. Together, they convinced her to invest in their business, knowing she was nearing retirement. “They knew I was about to retire but they convinced me to take an early retirement, cash out my pension, and give it to them, promising that my investment would grow into R5 million.”

After withdrawing the money, she was invited to an ancestral ceremony in Vereeniging, where Thabo allegedly performed rituals to increase her investment. She claimed that after the ceremony, both men disappeared with her money.

The duty of the Supreme Court of Nigeria to take judicial notice of the record of proceedings of the House of Assembly on the date Amawhule and 26 others defected

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By Tonye Clinton Jaja

Hon. J. I. Ekpenkhio v. Hon. Matthew Egbadon (1962-2001)1 Legislative Law Reports of Nigeria (LLRN) pages 307 to 336, the Supreme Court of Nigeria held that: The Court has a duty to take judicial notice of the record of proceedings of the House of Assembly as stipulated under Section 73 of the Evidence Act”.

In accordance with the above named judgment, it is reasonable to expect that the Supreme Court of Nigeria, would consider the words and actions of Amawhule and the 26 Others on the floor of the Rivers State House of Assembly during the plenary session in December 2023.

According to the Hansard (which is a verbatim report of the proceedings of any legislature), the then Deputy Speaker, Mail, was granted permission by Amawhule to take the floor and then:

“According to a letter signed by Maol and read by Amaewhule, their “defection was necessitated by the division in the PDP, particularly, the tussle around who the National Secretary of the party is”.

This action was followed by public waving of the flag of the All Progressives Congress (APC) by all the 27 Amawhule members, there are photographs and videos to buttress and substantiate this.

Not yet done, at another forum, Amawhule is quoted by the Vanguard newspaper as saying on
December 17, 2023, as follows:

“The factional Speaker of the Rivers State House of Assembly, Rt. Hon Martins Chike Amaewhule said the twenty-seven lawmakers decided to defect from the People’s Democratic Party, PDP to the All Progressives Congress, APC because of the crisis rocking the state chapter of the PDP.

Amaewhule also said that they left their former party because President Bola Ahmed Tinubu is doing very well with the appointments of Rivers indigenes into various key positions in his government.

The lawmaker stated that the 4-man group led by Rt. Hon Edison Ehie cannot form a quorum and whatever they are doing in the name of the Assembly is null and void.

Speaking during a dedication service and stakeholders meeting of the APC in Port Harcourt, Rivers State capital on Sunday, Amaewhule said “We begged Mr President, the former president could not attend to the problems of the State, so we begged Mr President (Bola Ahmed Tinubu) that we have a problem. Look at the east west road. The road leading to Ogoni, the president that is not in our party unlike the previous president. The president gave us his words and said go back home irrespective of your party, I am a detribalized Nigerian, that’s what the president told us.

“We defected in line to the provision of the 1999 Constitution, section 109. We didn’t do anything contrary to the constitution. We have evidence that there is crisis in the PDP. We have every right under the constitution to defect.

According to a letter signed by Maol and read by Amaewhule, their “defection was necessitated by the division in the PDP, particularly, the tussle around who the National Secretary of the party is”.

By Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).

Lecturer jailed for life over rape of his student

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An Ikeja Special Offences and Domestic Violence Court on Thursday convicted and sentenced a part-time lecturer at Adeniran Ogunsanya College of Education, Kolawole Muyiwa, to life imprisonment for raping a student.

Justice Rahman Oshodi, who handed down the jail term, held that the prosecution was able to prove the ingredients of defilement against the convict beyond reasonable doubt.

The charge stated that Muyiwa committed the offence on October 11, 2021, at the Adeniran Ogunsanya College of Education, Oto-Ijanikin, Lagos State.

When he was arraigned on October 6, 2023, Muyiwa pleaded not guilty to the charge preferred against him.

During the trial, the prosecution called three witnesses: the victim, a lawyer and vice chairperson of the International Federation of Women Lawyers, Badagry branch, Caroline Ibe, and the Investigation Police Officer, Olufunke.

While delivering the judgment, Justice Oshodi noted that the convict was a part-time lecturer at the Adeniran Ogunsanya College of Education now Lagos State University of Education.

The judge held that the testimonies of the survivor corroborated those of the lawyer and the IPO.

“The survivor, in her testimony before the court, said, “On October 11, 2021, she arrived early for a departmental meeting scheduled for 10 am. While waiting outside her classroom, the convict approached and requested her to get him food, though she initially declined due to her pending meeting.

“She later followed Muyiwa to get a flask to buy the food. He led her to the office. When they got inside the office, the convict said he no longer wanted the food but needed help to mark some examination scripts.

“She added that Muyiwa went outside, returned, and then locked the passage gate and office door,” Oshodi said.

The victim, in her evidence, also told the court that when electricity was restored, Muyiwa pulled down the window curtain and turned on the light, claiming the sun’s reflection was affecting the office.

She added that Muyiwa asked if she had a boyfriend, to which she said no.

“He suddenly pushed me down the plastic chair I was sitting on. He overpowered me and forcefully removed my trousers. I was menstruating at the time, but he removed my sanitary pad and had forceful sexual intercourse with me.

The survivor said that after he had sex with her, he said ‘What you refused to give me willingly, I have taken it by force.”

Ibe, in her testimony, testified that the survivor contacted her in November 2021, and she then interviewed the survivor.

She also stated that she visited the crime scene and met with the school authority.

However, several documents were tendered and admitted in evidence, including medical reports.

Muyiwa, who is a married man and also a father of three, in his defence, denied raping the survivor.

He testified that on October 11, 2021, when he came to the college to record and submit scripts, he met the survivor who offered to help him carry his bag upon reaching the gate.

The convict told the court that he asked her if she could help record scores, which she agreed. But she informed him that she had a meeting.

Muyiwa also told the court that he asked the survivor for a relationship while inside his office, and she accepted.

He explained that the relationship meant was, “To be together, to talk, relate with one another, but not for a sexual relationship.”

The convict’s counsel, Dr G.O Erenta, in his final written address, had told the court to discharge and acquit Muyiwa as the evidence of the survivor was fictitious and no corroborating evidence was established.

Justice Oshodi, in his judgement, found Muyiwa guilty of the offence of rape.

He held that the survivor gave a detailed account of how the convict raped her even under cross-examination.

“Also, the convict’s admission of asking the survivor for a relationship though he claimed to be a platonic relationship.

“Kolawole Muyiwa, I have found you guilty of rape contrary to Section 260 of the Criminal Law of Lagos State 2015.

“I note that you are a first-time offender with no criminal record, and you are married with three children and also served as a part-time lecturer. However, the gravity of the offence committed cannot be overlooked.

“As a part-time lecturer, you occupied the position of trust and authority which you abused; the victim was a student at the institution where you taught.

“Section 260 of the Criminal Law proscribes life imprisonment punishment for your crime, and that is what I shall give you.

“You are hereby sentenced to life imprisonment, and your name shall also be registered as a sex offender in the Lagos State Sex Offender Register,” Oshodi said.

PUNCH