• Federal High Court was misled – Oditah, SAN

Sequel to the Court of Appeal’s judgement on Friday which barred the Central Bank of Nigeria, CBN, from withholding the monthly federal allocations due to Rivers State, there has been jubilation in the camp of Governor Siminalayi Fubara.

The Court sitting in Abuja issued a split ruling on Friday. Two judges ruled in favour of the Rivers State government, while one dissented.

Governor Fubara through his team of lawyers led by Mr. Yusuf Ali, SAN had asked the three-member panel of the appellate court led by Justice Hamma Barka, to set aside a subsisting order of the High Court that compelled CBN to withhold the state’s monthly allocation.

The governor claimed the High Court judgement was given in bad faith.

He had urged the appellate court to allow his appeal marked CA/ABJ/CV/1303/2024, and nullify adverse orders that Justice Joyce Abdulmalik of the Federal High Court made against the state in the judgement she delivered on October 30.

Recall that the federal government backtracked after it first said it would halt the October monthly Federation Account Allocation Committee (FAAC) revenue payment to Rivers State, citing a court order as the reason.

According to Bawa Mokwa, spokesperson for the Office of the Accountant General of the Federation, the decision to stop the payment was in respect of the court order, which barred the Central Bank of Nigeria (CBN) and the federal government from disbursing monthly allocations to the Rivers State government.

The court order was obtained by the factional Rivers State Assembly, led by Martin Amaewhule, who had filed an originating summons against the Rivers State Executive, under the leadership of Simi Fubara.

The Amaewhule faction loyal to former governor and current minister, Nyesom Wike, had alleged that the Rivers State Executive had yet to comply with the order of a Federal High Court directing it to re-present the 2024 appropriation bill to the faction of the Rivers State House of Assembly.

Mokwa emphasised that the Office of the Accountant General of the Federation (OAGF) would respect the court order, following due diligence until a contrary order was issued.

She later cited a subsisting appeal, saying that the allocation could not be stopped.

The FAAC disburses revenue to the three tiers of government, including states, local governments, and the federal government.

In an interview with Arise TV, Senior Advocate of Nigeria, Fidelis Oditah remarked that the Federal High Court was misled on the issue.

“The Federal High Court obviously was misled because the receipt of State allocation is at the heart of the Federation. It’s not a dispute between the lawmakers and the governor. The entitlement to receive FAC monies every month is very central to the federalism we operate. It is not possible for River State to be a federating state and not to receive that money.

“This is very different from the dispute that was had with Governor Tinubu. At that time when Obasanjo seized the local government money, he did not seize the monies of Lagos State, he couldn’t seize the monies but he thought he could seize the monies of the local government. But the Supreme Court in 2004 made it clear that he had no power to do so and that his action was illegal and unconstitutional.

“Of course, there is a difference between OBJ seizing local government funds in Lagos and the Federal High Court purporting to interpret or misinterpret the law. Clearly, the judge did not understand the essence of federalism and had no power to make the order he made because Rivers State cannot be a federating state without being entitled to receive.

“What it does with that money is entirely an internal matter. I see how he qualified the order by saying until there’s a state appropriation law but that’s like placing the cats before the horse.

In the earlier case, it’s a president refusing to release to sign whatever he needed to sign, in this case it’s a court saying the Central Bank should not release. So to that extent, you might draw some artificial distinctions by saying the dispute is always resolved or supposed to be resolved in a constitutional democracy by the courts. But what the court has done is simply a caricature and I think the whole thing is just a theatre of absurdity.”

On the question of there being no proper appropriation law in force in River State since the State Assembly was not properly constituted to make the appropriation law under contention and therefore it is null and void, Oditah said:

“that argument is mistaken there is a clear distinction between the entitlement of a state. The state is not the Governor, the River State is not Fubara, it’s not Wike, it’s more than a geographical area consisting of people who Federated with other 0people from other states. Those are the people who are entitled to the money. The monies do not belong to Fubara, the monies do not belong to the local nor the House of Assembly, so there is no capacity to stop the people of River State from receiving their own share as a federating unit.

“Once that money is received how the money is disbursed is a matter of appropriation law. But that’s why I said that trying to stop it Upstream is trying to place the cat before the horse. The money cannot be stopped, the money does not belong to Fubara, the money belongs to the people of River State that money must come whether or not you can stop Fubara once the money is in River State from misusing it is a dispute between him and the but you cannot stop the people of River State.”

Weeks after the Lagos division of the Court of Appeal nullified his rape conviction, Lagos doctor, Femi Olaleye, has regained his freedom.

Olaleye was arraigned in 2022 by the Lagos State Government at the Sexu@l Offences and Domestic Violence Court, in Ikeja, Lagos and was in October 2023, found guilty of defiling his wife’s 16-year-old niece. The judge held that the prosecution proved the two counts charge of defilement and sexual assault by penetration against Olaleye.

After his conviction in August 2023, his lawyer, Kemi Pinhero, a Senior Advocate of Nigeria (SAN), filed an appeal in November 2023, arguing that there was no direct evidence to confirm the alleged victim’s age.

In a judgement delivered on November 29, 2024, the appeal court held that there was no direct evidence to establish the alleged victim’s age, claiming the prosecution failed to provide documentation proving she was 16 years old at the time of the offence. Read here.

The court then discharged and acquitted Olaleye.

Taking to his Instagram page this afternoon, he shared photos of him leaving the prison on December 3. He wrote;

‘’Freedom is not just a release—it is a rebirth. And on Tuesday, 03/12/24 my new chapter began! @drfemi is back and active!”

Read Also: Rape of minor: Enraged Dr Olufemi Olaleye challenges life sentence at Appeal Court

Read Also: Appeal court nullifies rape conviction of Lagos doctor Femi Olaleye

Read Also: Justice Denied: A call to reassess the Appeal Court’s verdict on sexual abuse of a minor, By the Adinya Arise Foundation AAF

Women with disabilities have called on the leadership of the National Assembly to ensure the reservation of seats for Persons with Disabilities (PWDs) in Nigeria’s National Assembly.

The demand was made at the National Convention on the Representation and Inclusion of Persons with Disabilities in the Ongoing Constitutional Reforms.

The event was organized by the Network of Women with Disabilities, supported by UN Women, in collaboration with the National Assembly.

Speaking at the convention, the Speaker of the House of Representatives, Hon. Tajudeen Abbas, represented by the Deputy Speaker, Dr. Benjamin Kalu, underscored the importance of inclusivity in governance. “Disability does not define the ability to lead, create, or inspire. Inclusion is both a necessity and justice,” he stated, reinforcing the commitment of the National Assembly to address the concerns of PWDs.

Lois Auta, the Chief Executive Officer of the Network of Women with Disabilities, presented a comprehensive memorandum on behalf of over 30 million Nigerians with disabilities. The memo, delivered to the Speaker through Dr. Kalu and the Chairman of the Constitutional Review Committee, called for practical measures to ensure disability inclusion. Among the key demands was the reservation of designated seats in the National Assembly for both men and women with disabilities.

The convention, held at the Library Conference Hall within the National Assembly Complex in Abuja, was lauded as a historic milestone. It marked the first time the International Day of Persons with Disabilities was celebrated at the National Assembly and the first occasion where lawmakers directly hosted representatives of disability-focused organizations.

Participants at the event emphasized the symbolic significance of holding the event at such a high level of governance. They argued that it demonstrated a growing recognition of the rights and potential contributions of PWDs in shaping Nigeria’s political and social landscape.

UN Women, a co-organizer of the event, reaffirmed its commitment to advancing gender and disability inclusivity in governance and policy-making. The organization praised the collaborative efforts between lawmakers and advocacy groups, describing them as a pivotal step toward achieving a truly inclusive Nigeria.

The call for reserved seats in the National Assembly for PWDs reflects a broader push for constitutional reforms aimed at reducing systemic barriers and enhancing representation for marginalized groups. Stakeholders expressed hope that the event would inspire more actionable outcomes, ensuring that the voices of PWDs are heard and respected in the highest echelons of decision-making.

As Nigeria continues its journey toward inclusivity, the demands of women with disabilities for designated parliamentary seats serve as a reminder of the need for intentional and sustained efforts to leave no one behind.

For three and a half months Giselle Pelicot has attended court hearings in Avignon, France against her former husband and 50 other men accused of raping her while she was drugged unconscious. Pelicot’s insistence that the trial be made public to raise awareness of the dangers of the drug used on her and her refusal to be shamed has won her international acclaim.

Her husband orchestrating her sexual abuse by strangers could have broken her. But by standing up to her abusers in court and demanding they be ashamed, France‘s Gisele Pelicot has become a feminist champion.

Three and a half months of sometimes gruelling hearings, including graphic video evidence, are set to culminate when judges hand down sentences by the end of next week.

When the trial of her now ex-husband and 50 other defendants opened in the French city of Avignon in September, journalists saw a woman with short red hair, hiding behind sunglasses.

The main victim in the case that shocked France was a grandmother whose life partner had admitted to drugging her for almost a decade so he and dozens of strangers he recruited online could rape her while unconscious.

But then Gisele Pelicot waived her right to anonymity and demanded the public be allowed access to the trial to raise awareness about drug use to commit abuse.

She won hearts across France and abroad, and triggered a flurry of art in her honour, after she said it was her abusers — not her — who should be ashamed.

“I wanted all women who are rape victims to say to themselves: ‘Mrs Pelicot did it, so we can do it too’,” she told the court in October.

“It’s not us who should feel shame, but them,” she added, referring to perpetrators.

As news of the trial spread, protests erupted across France to show support and fans started cheering her or even greeting her with flowers when she arrived in court.

And over the trial’s course, Gisele Pelicot shed her dark sunglasses.

‘Rape is rape’

As the verdict on December 19 or 20 approaches, the 72-year-old has made it onto the BBC’s 100 Women list for 2024, alongside fellow mass rape survivor and Nobel Prize winner Nadia Murad and Hollywood actor Sharon Stone.

Pelicot in August obtained a divorce from her husband, who has confessed to the abuse after meticulously documenting it with photos and videos.

She has moved away from the southern town of Mazan where, in her own words, her husband Dominique Pelicot treated her like “a piece of meat” or a “rag doll” for years.

She now uses her maiden name, but during the trial has asked the media to use her former name as a married woman — the one passed on to some of her seven grandchildren.

In mid-September, she dropped her usual reserve to talk of her humiliation and her anger towards several lawyers who had made insinuations about her ordeal.

“Rape is rape,” she said.

In October, she said she was “broken” but determined to change society.

She again told the court last month it was time for a “macho, patriarchal” society to shift its attitude towards rape.

She said the marathon hearings were an examination of the “cowardice” of the men who took part in the assaults.

Many had argued they thought they were taking part in a couple’s fantasy after consent by proxy through her husband.

She expressed her anger that none of her abusers alerted the police about the rapes, which occurred between 2011 and 2020.

Several took part in the abuse six times.

Fifty men besides her 72-year-old ex-husband are on trial, including one who did not rape Gisele Pelicot but repeatedly abused his own wife with Dominique Pelicot’s help.

Several of the co-defendants have admitted to rape.

But more than 20 other suspects remain at large as investigators had not managed to identify them before the start of the mass trial.

Memory lapses

The daughter of a member of the military, Gisele Pelicot was born on December 7, 1952 in Germany, returning to France with her family when she was five.

When she was nine, her mother, aged just 35, died of cancer.

Her older brother Michel died of a heart attack aged 43, before her 20th birthday.

She met Dominique Pelicot, her future husband and rapist, in 1971.

She had dreamt of becoming a hairdresser but instead studied to be a typist. After a few years temping, she joined France’s national electricity company EDF, ending her career in a logistics service for its nuclear power plants.

At home, she looked after her three children, and then seven grandchildren.

After she retired, she enjoyed walking and singing in a local choir.

Only when the police caught her husband filming up women’s skirts in a supermarket in 2020 did she find out the true reason behind her troubling memory lapses.

(AFP)

The International Association of Women Judges (IAWJ) in partnership with CO-IMPACT a global philanthropic collaborative fund has selected Nigeria as one of the five countries to develop and implement a multi-year programme to enable, support and promote sustainable leadership pathways for women in the judiciary across the global South.
The Global South is a term that refers to countries in Asia, Africa, Latin America, and Oceania.

The project, Women in Leadership in Law (WILIL) initiative is a three-year programme that endeavours to identify and encourage the removal of barriers and obstacles in the way of women entering, thriving and advancing as leaders in the judiciary in a sustainable manner.
Each of the five countries — Nigeria, South Africa, Kenya, Mexico and the Philippines has its national affiliate to IAWJ and is required to design and work out its modalities for achieving success of the project based on the peculiarities of their individual countries.

Fortunately for Nigeria, the idea of the WILIL project emerged during two interesting tenures. The tenure of Hon. Justice Binta Nyako of the Federal High Court, who was sworn in March 2023 as President of IAWJ and that of the Chief Justice of Nigeria, Hon Justice Kudirat Kekere-Ekun. Hon. Justice Kekere-Ekun is the President of the National Association of Women Judges Nigeria (NAWJN).

To lead the Nigerian team which is still fine-tuning the details of its work in Nigeria are two retired justices of the Court of Appeal — Hon Justice Chinwe Iyizoba JCA (rtd) and Hon. Justice Tani Yusuf Hassan JCA (rtd). They were appointed by NAWJN as judicial coordinators of the project.

Four serving judges including, Hon. Justice Tamunoigoni Susan Oji, Hon Justice Angela Obi Moku, Hon. Justice Binta Mohammed and Hon Justice Mujibat Iyabode Oshodi will serve as technical committee members.

Officers of the Ogun State Police Command have arrested a trainee herbalist, Ifagbenga Taiwo, over the alleged killing of his 41-day-old son for ritual purposes in the Keesi area of Adatan, Abeokuta.

It was gathered that the incident occurred on Monday, December 9, 2024, after the baby’s mother, Raimat Wasilat, laid him on a bed while washing clothes outside their home.

According to reports, the mother returned inside after washing only to find her son’s lifeless body with a slit throat.

In two videos sighted online, residents of the area narrated how the gruesome incident happened.

The mother’s cry for help alerted neighbours, prompting them to gather at her home.

It was discovered that the suspected assailant had entered through the wooden window, slit the infant’s throat, and left him in a pool of blood.

“I was hearing some noise and we came to this house to check what was happening. It was when we entered the room that we realised someone had entered through the window and slit the throat of the baby,” a neighbour narrated.

“The mother was washing clothes outside at this spot (pointing to the spot) before she went inside and discovered the lifeless body of her son who was just 41 days old.”

Another resident, Mukaila Olaide, identified as the father of the infant’s mother, explained that they were drawn by the noise which prompted them to visit the house and find the slaughtered infant.

“We were sitting some distance away from the house when we heard a noise. It was the noise that led us to rush down to the house only to discover that the boy had been slaughtered,” he said.

“That was all we saw. The police had come to pick up the mother and the husband to the station.”

The spokesperson of the command, Omolola Odutola, who confirmed the incident in an interview with Punch on Tuesday, said the infant’s mother accused her husband of the gruesome murder, prompting the police to arrest him.

“At about 1400hrs, the police received a report from the Iteesi Itoko area in Abeokuta regarding the slaughter of a two-month-old infant, Ifakorede Ajani, inside the room where his mother had placed him on a bed,” the PPRO said.

“The mother, Raimat Wasilat, from Keesi, strongly suspected her husband, Ifagbenga Taiwo, who is training to be a herbalist. She alleges that he intended to use the child’s blood for rituals

“The suspect has been detained, the crime scene was investigated, and the body was transported to the hospital for autopsy

“Investigation is underway to discover the details of this horrific act.”