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BOSAN announces the passing of Tanko Ashang, SAN

The Body of Senior Advocates of Nigeria (BOSAN) has announced the passing of its member, Mr. Tanko Ashang, SAN.

Below is the press statement signed by BOSAN’s Secretary, Mr. Olumide Sofowora, SAN.

NOTICE OF THE PASSING OF MR. TANKO ASHANG, SAN

It is with profound sorrow and heartfelt regret that we announce the passing of Mr. Tanko Ashang, SAN, who departed from this world on the 8th of October, 2024, in Abuja.

Mr. Tanko Ashang, SAN was called to the Bar in 1993 and was conferred with the prestigious rank of Senior Advocate of Nigeria on September 29, 2022.

A native of Busi in the Obanliku Local Government Area of Cross River State, Mr. Ashang, SAN was also the son of the late Paramount Ruler of Obanliku, Uchua Moses Ashang.

He served as the Attorney General and Commissioner for Justice for Cross River State from 2019 to 2023.
Prior to his tenure as Attorney General of Cross River State, Mr. Tanko Ashang, SAN was engaged in legal practice with the Federal Ministry of Justice, where he ascended to the role of Director.
Throughout his illustrious career in the Federal Ministry of Justice, Mr. Tanko Ashang, SAN held various esteemed positions, including but not limited to:

  • Legal Adviser, National Lottery Regulatory Commission, 2019.
  • Head, Central Authority Unit, 2016-2019.
  • Deputy Director, Civil Litigation, 2015-2016.
  • Legal Adviser, Office of the Secretary to the Government of the Federation, 2013-2014.
  • Legal Adviser, National Emergency Management Agency, 2007-2013.
  • Assistant Legal Adviser, Federal Inland Revenue Services, 2005-2007.
  • Legal Assistant to the Attorney General of the Federation, 1998-1999.
  • Public Prosecutor, 1996-1998.
  • Principal Counsel, Templice Chambers, 1995-1996.
  • Special Assistant to the Deputy Chairman, 1995.

Mr. Tanko Tanko Ashang, SAN, is survived by his wife and children.

In this time of profound grief, we extend our deepest condolences to his family and loved ones. We offer fervent prayers for the solace and eternal peace of Tanko Tanko Ashang, SAN, along with our departed colleagues. Amen.

Further details regarding the funeral arrangements will be communicated promptly upon receipt of information from his family.

Signed:

Mr. Olumide Sofowora, SAN  
Secretary

Appeal Court returns Labour Party’s Agbo, sacks Enugu PDP Rep

The election of the Labour Party (LP) candidate for the House of Representatives, Hon. Dennis Nnamdi Agbo to represent Igboeze North/Udenu federal constituency was on Wednesday affirmed by the Court of Appeal, Enugu division.

The Appeal Court in its verdict upheld the ruling of the House of Representatives tribunal which sacked the Peoples Democratic Party (PDP) candidate and member representing Igboeze North/Udenu federal constituency, Hon. Simon Atigwe.

The judgment of the court’s three-member panel was read by the presiding judge, Hon. Justice Joseph Eyo Ekanem.

The now victorious Hon Agbo was declared winner in the February 25th 2023 National Assembly election and sworn in but got removed after a re-run election that took place on February 3rd 2024.

However, the All Progressives Congress (APC) candidate in the election, Oby Ajih, challenged the outcome of the election at the Court of Appeal in Lagos State.

Mrs Ajih argued that the election did not follow the right process as the logo of her party was not on the INEC’s EC8A form for the exercise.

In November 2023, the court voided the election and ordered a re-run election in the constituency within 90 days.

In the re-run held on 3 February this year, Atigwe of the PDP was declared winner of the exercise when INEC said the PDP candidate polled 23,863 votes to defeat his closest rival, Agbo of the Labour Party, who scored 23, 226 votes.

Atigwe was subsequently sworn in later the same month but Agbo proceeded to the tribunal to challenge his declaration. But, Agbo argued that the rerun election was marred by the wrong computation of results and substantial non-compliance to the Electoral Law 2022, among others.

Counsel at both Tribunal and Court of Appeal included Ikeazor Akaraiwe, SAN for Hon. Dennis Agbo (the winner) and Onyechi Ikpeazu, SAN for Simon Atigwe (the removed representative); while Messrs Akinlolu Kehinde, SAN, and Tochukwu Maduka, SAN appeared for Labour Party and PDP respectively.

In the earlier ruling in August, the National Election Petition Tribunal in Abakaliki, Ebonyi State, sacked the PDP federal lawmaker.

The tribunal, headed by Justice H. N. Kunaza, also declared Dennis Agbo, candidate and winner of a rerun election held in February. But Atigwe filed an appeal at the Court of Appeal in Enugu State to challenge the ruling.

Justice Kunaza’s panel declared invalid, null and void the 2000 votes added to the PDP candidate and restored the votes of 25th February 2023 of 14,229 for the PDP and 28,870 for the LP candidate, Rt Hon Dennis Agbo.

It also held that Atigwe was not duly elected by the valid votes cast as the petitioner won with 23,221 and PDP 21,863 votes and as such, the certificate of return issued to Atigwe should be withdrawn and issued to Hon Agbo.

Imo police arrest stepmother who brutally assaulted 12-year-old stepdaughter

  • State health insurance agency, NBA Imo, other human rights groups step in

By Prince Uwalaka Chimaroke

Following the alleged brutal assault of her 12-year-old stepdaughter, Amarachi Emmanuel, the Imo State Police Command has confirmed the arrest of a secondary school teacher, Mrs Blessing Emmanuel.

Her arrest came after Chidiebube Okeoma, an Owerri-based journalist and activist, raised the alarm about the severe abuse, thereby bringing the case to the attention of the police at the Owerri Area Command.

The abuse came to light when two concerned women, Eunice and Amarachi, noticed the young girl selling sachet water on the streets of Owerri. Upon closer inspection, they were horrified to see her body covered in bruises and scars, the result of years of abuse at the hands of her stepmother. Okeomaon being notified by these women, recorded a video that soon went viral, showing the extent of the girl’s injuries, including machete cuts and burns.

Amarachi, who lost her mother in 2018, had been forced to live under the harsh rule of her stepmother since her father remarried in 2019. The stepmother allegedly denied her education and forced her and her siblings to hawk sachet water to support the family. The abuse escalated when the young girl cooked rice and ate without her stepmother’s permission, leading to another violent attack.

On witnessing the child’s condition, Okeoma rushed her to Umuguma General Hospital in Owerri for urgent medical attention.

Recognizing the girl’s critical need for long-term care, Okeoma sought further intervention.

As part of the government’s commitment to protecting vulnerable citizens, the Imo State Health Insurance Agency swiftly stepped in, led by its Executive Secretary and CEO, Dr. Uchenna Ewelike. The agency enrolled Amarachi into the state’s health insurance program under a special scheme for vulnerable children. This move ensures that all the costs of her medical treatments, including any necessary surgeries and rehabilitation, will be covered.

Woman subjects her 12-year-old stepdaughter to h0rrific ab*se with kn!fe, cutlass and fire for eating food without her permission (video)

Dr. Ewelike emphasized that this intervention falls under Governor Hope Uzodimma’s policy to provide health coverage for the poor and vulnerable, reaffirming the state’s commitment to supporting victims of abuse. The young girl was immediately transferred to Imo Specialist Hospital, where she will receive the best care available under the health insurance program, allowing her access to critical and comprehensive medical services without financial burden.

Beyond this immediate intervention, Chidiebube Okeoma who currently advocating for Amarachi’s long-term welfare, reached out to organizations such as the National Human Rights Commission, the Owerri Municipal Council Welfare Department, and the Imo State Ministry of Women Affairs and Social Development to ensure Amarachi and her siblings are placed in a safe environment. He also intends to secure their education, which had been neglected for years due to the abuse.

Okeoma, along with several human rights groups and the Nigeria Bar Association’s Owerri branch, has called for swift justice, urging the authorities to prosecute Mrs. Emmanuel for the physical and emotional torment inflicted on the children. The police, led by Commissioner Aboki Danjuma, have launched a thorough investigation into the case, with assurances that due process will be followed.

Woman subjects her 12-year-old stepdaughter to h0rrific ab*se with kn!fe, cutlass and fire for eating food without her permission (video)

In the meantime, the public’s attention has been drawn to Amarachi’s plight, with calls for compassion and support for her recovery. “Her body bears the scars of unimaginable cruelty—her lips, eyes, genitals, legs, and stomach have been mutilated by burns and machete cuts. She needs all the help she can get,” Okeoma shared, appealing for ongoing public assistance and kindness.

Amarachi’s case has brought to the forefront the urgent need for stronger measures to protect vulnerable children in society. The quick response from the Imo State Health Insurance Agency provides hope that Amarachi will receive the care she needs, while broader efforts continue to seek justice and a brighter future for her and her siblings.

Through the combined efforts of activists like Okeoma, law enforcement, and the support of state institutions such as the Imo State Health Insurance Agency, Amarachi’s tragic story is becoming one of rescue, recovery, and hope.

Click here to watch a video of how little Amarachi was discovered.

Prince Uwalaka Chimaroke

Police nabs suspect who threw 16-year-old girl into well after sexually assaulting her in Katsina

A 24-year-old man, Usman Mohammed Iyal has been arrested by the Katsina State Police Command for raping and throwing a 16-year-old girl into a well in Katsina Local Government Area of the state.

Parading Usman alongside other suspected criminals on Tuesday, October 8, 2024, spokesperson of the command, ASP Abubakar Aliyu, said he was apprehended on 17 September in the Ambassadors’ quarters.

According to ASP Aliyu, the suspect accosted and threatened the victim who was on an errand with a knife before dragging her into an uncompleted building where he “violently assaulted and raped” her.

In a desperate bid to conceal his crime, he said the suspect threw the victim into a nearby well and hurled stones down the well, with intent to murder her, but she was rescued and taken to hospital by police operatives.

“On September 27, 2024, at about 1216hrs, the Katsina State Police Command succeeded in arresting a suspected rapist for the brutal assault and attempted m8rder of a 16-year-old girl in Ambassador’s quarters, Katsina,” the PPRO stated.

“The victim was sent on an errand by her mother when the suspect, one Usman Mohammed Iyal, m, age 24 of Ambassadors quarters, armed with a knife, accosted, threatened, and dragged her into an uncompleted building where he then violently assaulted and raped the victim.

“Upon the victim’s disappearance, her father Abdullahi Sabitu, reported the incident at the GRA divisional police headquarters, leading to swift action. 

“An investigation was immediately launched, successfully rescued the victim from the well and arrested the suspect. The victim is currently receiving medical attention, and the investigation is currently ongoing.”

He said the suspect would be charged to court for rape, assault and attempted murder after a preliminary investigation by police in the state.

Headteacher bags double life sentences for raping two minors

By Agency Report

A Sexual Offences and Domestic Violence Court in Ikeja, Lagos on Tuesday, sentenced a headteacher, Benjamin Ogba, to two life sentences for raping two seven-year-old girls.

The News Agency of Nigeria (NAN) reports that while Justice Abiola Soladoye held that the prosecution had proven its case beyond reasonable doubt, the evidence of the defence witnesses was tainted with lies, which did not hold water.

According to Her Lordship, the convict is a serial paedophile, and his testimonies are a pack of lies.

“The defendant and his fellow defence witnesses were not truthful and credible in their testimonies. Their testimonies were a pack of lies and fell asunder like a pack of cards.

“This serial paedophile, a headteacher, who is expected to teach his students morals, stooped so low and defiled the underage girls, what a shame!

“This irresponsible and randy teacher, who teaches his students nonsense, should be locked away,” she held.

The judge also praised the two survivors for their courage to speak up in court against their assailant.

She said that sexual abuse of any sort must be reported and not swept under the carpet.

Ms Soladoye further urged parents not to relent in reporting sexual abuse cases to the appropriate authorities.

“Continuous education and awareness of this issue of sexual menace must be at the forefront of all stakeholders in the administration of justice so as to advocate for the rights of young children.

“The defendant, having been found guilty of the two counts bordering on defilement, is hereby sentenced to life imprisonment on each of the counts.

“The sentencing will, however, run concurrently and his name be registered in the sex offences register as maintained by Lagos State,” she said.

NAN reports that the state counsel, led by Olusola Soneye, called three witnesses while the defence counsel called four witnesses during the trial.

The prosecution submitted that the convict, sometime in the months of April and May 2019, at Shalom Private School, Oke-Ira Road, Ebutte Metta in Lagos, raped the two survivors by having unlawful sexual intercourse with them.

The prosecutor told the court that one of the girls, however, informed her mother and the case was reported to the police.

The offence according to the prosecution, contravenes the provisions of Section 137 of the Criminal Laws of Lagos State, 2015.

(NAN)

Intimate Affairs: Sperm donors are not necessarily fathers

By Funke Egbemode

The Yoruba have this saying:

Oke oku l’oku nre

Baba omo l’o l’omo

Loose translation: A child will always look for his father because the father owns the child.

Did you nod or sigh? If you are a Yoruba man, you will nod but if you are not a modern man, you will sigh. A mother, old or young will sigh for different reasons. As a Yoruba mother, I am sighing and shaking my head. Yes, you can do both, because that old saying is old and is fast losing its grip on today’s reality.

Both the mother and the father own the child. They made love and made a baby. How the baby becomes the father’s exclusive child is a matter of tradition. It is not a DNA matter. A child can look every inch like his or her father and still belong to her mother. Indeed, exclusively to his or her mother.

Let’s back up a bit and I will be talking about the Yoruba culture that I understand. You see that saying I started with? It is one that sees the importance of fathers and fatherhood in the Yoruba society. Once a man has impregnated a woman, he’s conferred with the natural title of a father. If the woman leaves him or he leaves her, he’s still a father. Even if the mother goes to remarry, the child is supposed and expected to return to his or her father, eventually. Especially at celebration points in life, like when he’s graduating from learning a trade, from school or getting married.

The man planted the seed that grew the child and he deserves the honour of his title. I totally agree. His position and title should never be in contest. Let me pause to pray and praise the real men and honourable fathers who through the ages have carried the title ‘father’ with dignity and responsibility. Men who did not think an ejaculation is a feat. Men who planted their seeds, watered them and protected their seedlings until they became giant iroko trees. They toiled then, in the days of our forefathers. They worked their fingers to the bone and they are doing back-breaking stressful jobs today to cater for their children.

There are men in their 60s still holding down jobs because their children are yet to graduate. They retire and then look for another employment so that their children can complete their masters degrees. They ignore their health issues and continue to work until they ‘accompany’ their children to the points where they can stand on their own feet without fear’.

For these men, I pray that your remaining years will be filled with great rewards of your labour, which you will enjoy in joy and good health. The Almighty God will heal you of all old age troubles, so you can dance your dance.

Again, that Yoruba saying I started this piece with has lured some men into thinking that even when they are irresponsible absent fathers, their children will always be their children. These irresponsibly shameless breed, they shake and ceremoniously drop their seeds in unsuspecting women. Then they take off as soon as they are told that the proceeds of their orgasms have become little human beings. They hate dividends of their orgasms Those ones, once they hear there is going to be harvest time, they come up with all kinds of nauseating lines.

“I slept with you only once.”

“Am I the only one you are sleeping with?”

“I’m not ready to be a father.”

“You know what your mates do when they get pregnant. Or don’t you?”

“You missed your period, how”?

You just wonder if some men ejaculate their brains along with their semen when they ‘come’. Annoying retorts and foolish questions.

The sperm donors sometimes get away with their atrocious attitudes. They leave the bewildered pregnant woman to fend for herself, her baby, as an ‘after-one’. They call them Baby-Mamas these days. Then 25 years down the road, the girl or boy graduates or is called to Bar with only their mother beside them and the lousy sperm donor starts protesting.

Oke Oku loku nre

Baba omo l’o l’omo

For where? Things change. The decades of toiling alone do not leave a woman abandoned the same.

What about fathers who go into polygamy without the wherewithal to fund it? What about the ones who tell their wives they cannot kill themselves with school fees. “My father did not send me to school, let them also fend for themselves.”

Have you met those fathers? They are not many but they do exist. I have had to counsel and encourage wives, mothers who end up with the misfortune of marrying them. Men who believe that they do not owe their children good education because their own fathers did not send them to school.

And then, there are the fine-boy-no-pimples village champions and city-boys who just concentrate on the good life while they leave the upbringing of their children to their mothers. They drive nice cars and wear designers outfits but compare their children’s school fees with the ones they paid in the 70s, 80s and 90s. They have a bag full of excuses on why they are not discharging their responsibilities.

This is the year of our Lord 2024. Things are no longer what they used to be. The sober, self-pitying and sad after-one women of old have given way to strong, assertive, financially-independent, no-nonsense Baby Mamas who make their own rules. Today’s children are called GenZs. They can see, feel and decide. They see what their mothers go through to put them through school, put food on the table. They are dry-eyed kids.

“I saw the indignities my mother suffered just to pay rent and school fees. Our father married a second wife and moved in with her. I do not begrudge him his need for more than one woman. What I still can’t understand and forgive is why he’s sending the second wife’s children to school, private schools while my mother has to do everything for us. Why are we being punished for their marriage that failed?”

That’s what a young lady told me. She’s 19. Women are deep. Young or old. We are created like that. Do you think she’s going to forget the day the landlord called her mother “useless” in front of her? Do you think children who heard their mothers cry themselves to sleep for years will forget? Do men think a wedding invitation card or the excitement of graduating First Class in Architecture will make their children forget their mother’s pains? No, things no longer work that way.

GenZ children do not give a f-ck about Yoruba proverbs when their fathers leave them in search of big backsides or rich sugar mummies. It’s the same way those who are abandoned by their mothers ignore them later in life.

Dear Brother, stay in the lives of your children even if you no longer love or live with their mother. Spend holidays, weekends with them. Have fathers-and-child vacation with them. Never forget their birthdays or PTA meetings. Pay the regular bills: that is school fees and house keeping. Call them as often as you can. Go to their soccer games, swimming lessons. Talk to their teachers. Invite them over to your office. Let them learn your business. Teach them something their mothers can’t teach them. Set up a WhatsApp group for you and them.

Talk make-up with your daughter. Talk Man-U, Arsenal and Liverpool with your boys. Do not let them replace you, because they can. And they will. Do not think that the fact that they carry your DNA is all it takes to give you bragging rights of a father. No sir. A sperm donor is different from a father. Men who make their wives cry at dawn will shed their share of painful tears at dusk.

[email protected]

Industrial Court unveils e-CTC, e-final written address portals, assures on quick dispensation of Justice

As part of the activities marking the beginning of the 2024/2025 Legal year, the National Industrial Court has unveiled its e-CTC and e-final written address portals; even as the Court’s President, Hon. Justice Benedict Kanyip, Ph.D., gave assurances that the Court will continue to improve on its objectives on easy and quick dispensation of labour justice that meets global standards.

Speaking at the ceremony in Abuja on Tuesday, His Lordship stressed that labour justice delivery which is the hallmark of the court mandate will continue to be their mainstay in line with the international best practices, and also stated the digital solutions deployed by the Court to ease the judicial process have been improved on.

Justice Kanyip maintained that the newly launched electronic certified true copies portal and final written addresses portals have made it possible for counsel and litigants to get certified true copies of judgments from the comfort of their zones and to submit written addresses online which means that the requirement of submitting written addresses in discs or flash drives may now be dispensed with. 

Hon. Justice Kanyip making his address at the ceremony in Abuja

The Hon. President also used the avenue to inform that since the Court’s last legal year celebration in 2022, a total of 8,608 pending cases, of which the Court delivered 1,616 judgments, with 6,992 cases currently pending.

Kanyip equally called on the National Assembly to amend section 291 of the 1999 Constitution to allow retired judicial officers to take as pension the same salary and allowances of their equivalents as those who are still in service at any point in time.

On the elevation of Hon. Justice P. A. Bassi JCA, and Justice O. O. Oyewumi JCA to the Court of Appeal, in addition to Hon. Justice Kenneth Amadi JCA, the Court of Appeal now has a complement of labour law judges that can sit on appeal over NICN matters.

Lawyers at NICN 2024/25 Legal year event

Justice Kanyip also used the occasion to reveal that with the elevation of Three Judges to the Court of Appeal, and the death late Hon. Justice E. N. Agbakoba, four States of the Federation are not represented on the Bench of the Court and that the process for filing these vacancies has commenced.

While congratulating the Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, as the substantive Chief Justice of Nigeria (CJN), Kanyip assured that the Court will continue to strive to attain excellence by improving on justice delivery within the limits of law inline with the global standards.

He also expressed his appreciation to the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Committees of both Houses of the National Assembly responsible for the Judiciary and the Federal Government in general for their support to the court.

In his remark, the Attorney General of the Federation, Prince Lateef Fagbemi, SAN spoke glowingly about the contribution of the Court to the resolution of trade disputes and industrial relation matters in the country which has helped in safeguarding socio-economic stability, resolving industrial disputes, curbing the excesses of both employers and employees, thereby ensuring harmonious labour relations in Nigeria, urged the Hon. Justices of the Court to strive to achieve a sustainable balance between justice for the employer, employee, and the society.

Meanwhile, the Body of Senior Advocates of Nigeria (BOSA) represented by Asiwaju Awomolo, SAN noted that the recent timely interventions of the court in industrial disputes all over the country have justified the wisdom in creating the court as a specialized court, and the court has continued to live up to its expectation through the timely dispensation of cases.

On his part, president of the Nigerian Bar Association(NBA), Afam Osigwe, SAN confessed that the National Industrial Court remains a model court concerning the approach of the Court to its constitutional responsibilities and urged for more digitalization of the Court.

Those who attended the event include Justices of the Court of Appeal, Judges of the Federal High Court, Judges of the FCT High Courts, former President of the Court, Hon. Justice Babatunde Adejumo (rtd.) and more.

All criminals are not equal in Nigeria

By Dr Sam Amadi

A macabre drama is playing out prime time in Nigeria. The thing, though, is that this is not a fictional drama. It is a real event. The Nigerian Correctional Service (formerly Nigerian Prison Service) and the Economic and Financial Crimes Commission (EFCC) are in a meltdown on account of serious allegations of gross corruption. Social media influencer, Martin Vincent Otse, popularly known as ‘VeryDarkMan’, alleged that well-known cross dresser, Bobrisky, who was sentenced to prison for abuse of the naira, didn’t stay in prison during his imprisonment. He allegedly paid N15 million and stayed in a special house outside prison while serving his sentence.

Part of the allegations is that officials of the EFCC collected N15 million to remove proposed charge of money laundering against Bobrisky and charged him with a lighter offence. VeryDarkMan also alleged that leading human rights lawyer, Femi Falana, and his son, musician Falz, were involved in efforts to help Bobrisky stay out of prison wall and secure a presidential pardon. These allegations are in an audio recording purported to be a Bobrisky’s telephone conversation.

The allegations against EFCC and the correction service have triggered executive and parliamentary investigations. The Minister of Interior has directed an investigation into how a prisoner was taken out of the prison to a private house to serve his prison sentence. The Chairman of the EFCC also ordered an investigation into the allegation that EFCC operatives received a bribe from Bobrisky to drop a money laundering charge against him. The Nigerian Senate is not left out. It is conducting a legislative hearing on these allegations.

The allegations from a notorious social media influencer exposed the corruption at the heart of Nigeria’s criminal justice administration. There have been anecdotes and verified reports of gross corruption by officials of the EFCC, the Nigeria Police Force and the correctional service agency. The reported bribery in the case of Bobrisky is not the first time the service has been enmeshed in credible allegations of corruption. Its former Executive Secretary was indicted of gross corruption and removed from office after an administrative adjudication. Every institution of law enforcement in Nigeria has suffered grave loss of credibility because of credible, even if unproven, reports of official corruption like these.

The judiciary is not excluded from institutionalised corruption. The Afrobarometer reports that 75% of Nigerians distrusts the country’s judiciary. A recent report by both the Nigeria Bureau of Statistics (NBS) and the United Nations Office of Drugs and Crime (UNODC) lists the judiciary as receiving the highest amount of bribery in 2023, confirming what former US diplomat, John Campbel, and Matthew Page in their book said that Nigerian judiciary is notorious for taking bribes and awarding judgement to the highest bidder. The UNODC reports that the country’s police was the second-highest bribe-taker in Nigeria. So, it is now official that Nigeria’s law enforcement agencies are very corrupt.

But beyond routine corruption, Bobrisky’s scandal casts distressing light on another side of Nigeria’s corruption problem: elite privilege. Corruption in Nigeria is not just about bribery and official graft. It is about a rigged conception and practice of citizenship. Nigeria does not regard its citizens equally. In Nigeria, some citizens are officially more important than others. In the same vein, some criminals are more important than others.

This is not just a smart turn of phrase. It is an experience that many Nigerians can relate to. I encountered this discriminatory citizenship and privileged criminality early as a Special Adviser to the Senate President, Senator Ken Nnamani. The Senate had requested the Chairman of EFCC to submit the list of governors who were facing investigation for corrupt practices. In the morning, the Chairman gave the Senate President a preview of the list of governors investigated for corruption. When the list was tabled at the plenary of the Senate, an important name was missing from it. Governor Chimaroke Nnamani was a powerful PDP governor who was a close associate of then-President Olusegun Obasanjo. EFCC had credible allegations against him and included him in the long list. But after meeting the President, the Chairman had to scrub off Governor Nnamani’s name.

At the plenary, the Senate President delivered a punchy attack against the establishment. He titled it ‘No criminal is more important than another”. Yes, all criminals should be treated equally as criminals. Maybe it was the Senate President, not the Chairman of EFCC, who did not understand the proper character of the Nigerian state, that, in Nigeria, some criminals are more important than others.

Nigerians who are in the know about how their country works are amused that people are surprised to hear that there is a VIP section of Nigerian prisons where the rich and powerful can stay close enough to their everyday comfort. Those who are shocked do not know their country. Nigeria is a shallow democracy without a republican spirit. The text of the constitution proclaims egalitarianism. But the lived constitution is different. The character and practice of Nigeria’s public administration are imbued with the spirit of neo-feudalism and prerogatives. Neo-patrimony, otherwise known as god-fatherism, defines how the Nigerian institutions work. It works for the big man. The big man could be a cross dresser with strong connection to people in power.

No matter how the legislative inquiry goes (it started badly with Bobrisky disregarding invitation to appear), the real story is not about a young cross dresser who boasted about how he spent his prison term in a private facility instead of a real prison. It is about a Nigerian society that sells everything to the highest bidder, whether it’s electoral justice or criminal justice.

Sam Amadi, PhD, a former Chairman of the Nigerian Electricity Regulatory Commission, is the Director of Abuja School of Social and Political Thought.

Ex Parte Order to remand is the same thing as Holden Charge

By Douglas Ogbankwa

The Nigerian Criminal Justice System is fraught with multiple irregularities.To start with the system appears to be on an auto remand mode .We do not count the costs in this country , so we do not even know that for every suspect sent to prison , the Federal Government spends money for every day the suspect is in prison .We should have State Governments build and own prisons ,so they will know the financial implications of any remand .Many children did not go back to school this September, because the bread winners of their families are in prisons .Many businesses have collapsed because the business owners are in prisons and this leads to unemployment.Every time you remand any body in prison , there are implications that reverberate in the human capital, societal development and business value chains of our society .We must hold a town hall to examine these issues .This remand culture must stop .In Nigeria,the law is too strong to catch the weak , but too weak to catch the strong .

The Administration of Criminal Justice Act, 2015, brought about innovations in the Criminal Justice System in Nigeria. The domestication of the Law in some States, however, has left much to be desired.

The most appalling, obnoxious and unacceptable provision in Administration of Criminal Justice Law of some States in Nigeria is the Exparte Order to Remand persons in Prison or Police Custody pending “investigation “.This is even more so as the proof of evidence is not attached to the motion for remand .Also an inchoate charge is attached to the motion , making the whole process to look like a charade or better still a replica of the now phased out holding charge .A charge that is used keep a person in a holding facility, with out the person taking his plea is a holding charge .

The bitter truth is that this procedure is the same as the Holden Charge. Infact Holden Charge seems better because you are given a Right of audience by the Magistrate. In this very obnoxious procedure, the Counsel is not given a Right of Audience, most times .

Remanding of Suspects with out giving them or their Counsel an opportunity to be heard in Court, because the remand is sought by Exparte Order i.e. an Order in which even when your Lawyer is in Court, he does not have a right of audience or an opportunity to be heard .The most unpleasant human experience, aside being hospitalised or being 6 feet under, is to be in prison.

It is against tbe Principle of Natural Justice to send a suspect who sometimes is innocent to prison with out giving him an opportunity to say why he should not be there. This is simply Holden Charge being given another nomenclature.

An apposite question to ask at this juncture, is why will the Prosecutorial Authorities not File a Formal Charge,at the earliest stage, when in most cases Investigation has been concluded, instead of putting people in prison sometimes for no just cause .This accounts for the congestion of prison in Nigeria.Later ,we will spend Hundred of millions Naira , giving out prison decongestion brief to Lawyers , where as we can stop it by just doing the right thing . Nigeria is is a self conflicted country , that can turn a thorn to a crown and make a golden crown go brown .

The fact is that most times no investigation is done within this period of remand , as it is just a ploy to keep the suspect in Prison, ostensibly based on the Nigerian mentality .We should rejuvenate our criminal justice system ensure bail is granted as a matter of right for bailable offences which should be lenient and also possibly granted for a capital offence in so far as the person meets the condition which should not be a bond but a lien on an immovable property together with stringent background check and security profiling that makes it impossible for the Suspect to escape as it done all over the world pending trial. This is International Best Practices .

The obnoxious and offending Section of the Administration of Criminal Justice Laws of some States is contrary to Section 36 of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended) by the 4th Alteration,which provides for Fair Hearing.

One of the components of the principle of natural Justice -Audi Alteram Partem (You Must hear the other side),originated from the Garden of Eden ,where even the omniscient GOD, still gave Adam an opportunity to explain himself,after his malfeasance, even when by the Nature of God he knows everything. The Courts have also frowned at this profound injustice .

The Supreme Court in the case of FEDERAL REPUBLIC OF NIGERIA v. ALH, ABUBAKAR MAISHANU AND 2 ORS. LER (2018 ) SC./51/ 2015,
reiterated the indispensability of the Principal of Fair Hearing in Criminal Proceedings when it stated per Justice I.T. Mohammad J.S.C. (As he then was ) ,thus :

“The cardinal principle of fair hearing whether in relation to a civil or criminal matter is so sacrosanct. The Latin maxim puts it this way: “Audi Alteram Partem” i.e. let the other party be heard. It simply means: hear the other side(s) in a dispute before reaching a decision. It is a constitutional requirement (Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This court made several pronouncements that the principle of fair hearing has been incorporated in our jurisprudence that a man cannot be condemned without being heard. The principle is applicable in all cases in which a decision is to be taken in any matter, whether in a judicial, quasi-judicial or even in purely administrative proceeding involving a person’s interest in a property, right or personal liberty. Let the other party be heard! See: Adigun v. AG Oyo State (1997) ? NWLR (Pt.678) page; Oyeyemi v. Commissioner of Local Government, Kwara State & Ors (1993) 6 NWLR (Pt.299) 344”. PER I.T.MUHAMMAD, J.S.C.

Justice I.T.Mohammed, adumbrated on the issue further in the above indicated case ,thus ;

“The primary objective of any court of law is the attainment of justice irrespective of the disposition or approach of a party to the prosecution or in defence of the matter placed before the court. It is the duty of the court to state the correct position of the law on the subject matter placed before it without unnecessarily entering into the arena by making submissions on behalf of any of the parties”

Could it be said that there is justice for a Defendant or Suspect to be remanded with out being heard.The answer is in the negative.In this regard, we humbly submit that the continuous remanding of Citizens of this Country with out giving them an opportunity to be heard is at variance and inconsistent with Section 36 of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended ), by the 4th Alteration. By the Doctrine of Covering the Field,the principle is an overt illegality that should not be allowed to stand.The Constitution of the Federal Republic of Nigeria is Supreme and any State Legislation that is at variance with the Constitution is null and void to the extent of its inconsistency with the Constitution.It is also funny , because the same Nigerian Judges will not grant an Ex Parte Order for a Citizen detained for weeks to be released , but My Lords are quick to remand the same people in the same proceedings , even after there are facts that the suspects have been detained illegally for Weeks . This is abnormally in Law and in Fact as the Court would by so doing given a Judicial Endorsement for an illegality .If you do not get Justice from a Judge when you approach My Lord ,what then will you get .It us time to re-examine our Judiciary.It needs some massive cleansing , else , one day the Nigerian Judiciary will trigger a war that will end this Country.

We call for My Lords Chief Judges of States where this pristine practice persists to graciously look into the possibility of issuing Practice Direction to stop this illegality as it is against the Principle of Fair Hearing . Motions for Remand of Suspects should be brought by Motion On Notice or better still Security Agents should grant the Suspects Administrative Bail if they are not a danger to Society. Must suspects be remanded in Prison Custody?

Some times in a Matter that pertains to contracts, business men running thriving businesses are remanded and when they come out of prison ,the businesses are gone with hundreds of persons thrown into the labour market, due to an avoidable indiscretion.

Better still the procedure for remand should be by Motion on Notice ,with an abridgment of time to file a Counter Affidavit and possible Reply to Counter Affidavit.

The Motion on Notice for the institution of Remand Proceedings should have the proof of evidence attached so that the Judge can evaluate the evidence, to obviate innocent people being sent to Prison and also the Judge should give the suspect an opportunity to be heard.The Current Exparte Applications do not have the Proof of Evidence attached. It could be used to do mischief, with out the Judge being aware. Having the proof attached to the Motion Exparte for Remand , also conforms with the relevant enshrinement of Section 36 of the Constitution, which stipulates that the Prosecution should give the Defendant all Material of evidence in the case and adequate time to prepare in order for the Defendant to be able to Defend himself .

Justice rushed is Justice Crushed .We must do the right thing in order to do Justice at all times. Remanding a Suspect with an Exparte Order is no justice and the former Motto of the Nigerian Bar Association prior to tbe current one is Justicia Omnibis- Justice for all.
We seek for Justice for these remanded persons and those who are to be remanded daily, who are more like victims of a Criminal Justice System structured to crush the weak. We hope for the prayer sought herein in this write up to come to fruition soonest.Till then ,the advocacy continues .In Nigeria ,the Law is too strong to catch the weak and but two weak to catch the strong .

The wheel of Justice grinds slowly, but surely and it is better to set 10 guilty persons free, than to imprison 1 innocent person .

The obnoxiousness of a Criminal Justice System is the Calamity of the Innocent.

Douglas Ogbankwa Esq., Legal Practitioner, Writer. And Policy Analyst ,is the Convener of the Vanguard for the Independence of the Judiciary and the Security Situation Room. Email: @[email protected]

The government is turning itself into the enemy of the people

By J. S. Okutepa, SAN

When I reflect on the actions and inactions of most Nigerian politicians and political leaders in power or around those at the corridors of power, I doubt seriously if these sets of people love Nigerians and have the interests of the masses at heart. Most of these political actors are hearless.They are wicked in the extreme.They came to power or stay around those in power or corridors of power to steal, kill, and destroy.

The same goes for some other Nigerians too who, though, may not hold political positions but are closely connected to those in corridors of power.These sets of Nigerians act for and in the interest of those in power or around the corridors of power. These sets of people are found in all sectors and institutions of the state. These sets of people and individuals are wicked, too.

When I look at Nigerian society today, hardly do you see those who have nationalistic views and values for Nigeria. Everyone in politics seems to have no plans for Nigeria. Look at the lawlessness being exhibited by politicians and their supporters in Nigeria. These sets of people are not pursuing any policy and programmes for the good of the people. Democratic terrorism in action.

The security forces, too, have become so corrupt and infested with partisan dispositions and viruses of almost incurable nature. Nobody cares about the survival of Nigerian state and the people. Everyone seems to have held Nigeria in the jugular since the advent of democratic rule in the garments of civilian clothes. Democracy in militarised fashion.

The level of lawlessness and the tolerance of this lawlessness have reached the boiling point. Those in authority are as lawless as those they lead. Nothing is impossible anymore. Those in power are showing no respect for the constitution and the oaths of the office they took.

Arsons and multiple murders are being done freely and in the open. From Notth to South and East to West, the same political tensions. The struggles for jugular and control of political power are not for public good. One man show of power. The federal government is not bold and courageous to take necessary and neutral stand to put at end to these political hooliganism.

The body language of the Nigerian President seems to encourage this political rascality. You can not be preaching constitutionalism and constitutional democracy to those who have no values and respect for the constitution.It appears that both the leadership and those they lead are deeply involved in the plans to exterminate Nigerians and Nigerian society.

Circumstantially, the destruction going on in some parts of Nigeria is traceable to those who have captured institutions of justice and peace in Nigeria.Asking anyone to go to courts or report to law enforcement agencies is just as obvious as it is clear to all that nothing good will come out there.

The duty of the government is to protect lives and property. The duty of the government is maintenance of law and order. But where those who have duties and responsibilities to maintain law and order shirked their duties and responsibilities as it appears the Nigerian police are doing, the president has a duty to act and restore law and order. This he can do not by mere preaching but prompt actions of removing from power those causing troubles for our nation.

Nigerian authorities must not take the liberty of its security apparatus for license and to act as it likes. Nigerians are gradually becoming agitated , and the government is turning itself into the enemy of the people. People are choking daily with many unavoidable challenges. The destruction of lives and properties in various parts of Nigeria at the instance of politicians and political actors must be stopped forthwith.

Democracy is not lawlessness. Democracy is not about one man or woman show. Democracy is not the visiting of terrorism and violence on the people and properties of government. The foundations of all we are seeing today in Nigeria are squarely in the failure of Nigerian political parties and institutions to follow due process in democratic installations of candidates for elections.

The day the institution of justice decided to reward electoral frauds with caricature justice rooted in technicalities, and then rejected and or destroyed innovations of card Readers and BVAS machines and or technology in our electoral processes was when the foundation and seeds of the current political thuggery rooted in rascality was laid.

The day those who have duties and responsibilities to decide what is right and correct democratic processes decided to accept and follow that which benefit only tiny minority who have been dishonestly displaying unexplained and ill gotten wealth was the day or days the greatest threat to the survival of our democracy was laid.

People who worship these illegal wealth as signs of contributions to the growth of Nigerian democracy and legal system are parts of those who have wittingly, unwittingly and unfortunately contributed to the rots in our democracy and system of governance.Nigerians must learn to demand the sources of wealth of those making donations before accepting those donations from anyone in Nigeria who want to make donations to build public institutions.

It is important that those who have chosen to destabilize and desecrate Nigeria should be relieved of their duties forthwith before Nigeria is turned to the state of nature as it is currently heading to.

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