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36-year-old man in custody for allegedly stabbing woman to death

Hon. Justice Efe Ikponmwonba of the High Court of Edo State, Benin City on Monday ordered the remand of 36-year-old Philip Ayo for allegedly stabbing one Patience Aiyanyor to death.

The Police Prosecutor, Emmanuel Ekibade, had earlier brought before the court a motion exparte seeking that the defendant be remanded in a correctional centre.

Mr Ekibade told the court that the motion was pursuant to Sections 293, 294, and 296(1) of the Administration of Criminal Justice Law of Edo State 2016.

He prayed for the suspect’s remand for an initial period of 14 days pending the issuance of legal advice from the office of the Director of Public Prosecutor, Ministry of Justice.

He said the defendant had on April 27 at Love Power Street, Okhaghe Community in Edo, while armed with a knife (offensive weapon), allegedly murdered the 38-year-old woman.

The victim was allegedly stabbed in her rib cage region to death.

He said the crime contravened Section 242(1) of the Criminal Law of Edo State Law 2022.

The prosecutor added that necessary investigations had been concluded, hence the motion.

Subsequently, the justice granted the prosecutor’s prayer and ordered the remand of the defendant pending DPP’s advice.

NAN

Nigerian man gets life in UK after killing wife with skateboard

Olubunmi Abodunde, a Nigerian man, who murdered his wife, Taiwo, with a skateboard and blamed his excesses on medication has been jailed for life in the United Kingdom.

The BBC reports that 48-year-old Abodunde,, a resident of Exning Road, in Newmarket, Suffolk admitted to killing Taiwo, who suffered “catastrophic brain injuries” on 28 November, 2023.

Ipswich Crown Court heard “a degree of ferocity” was involved in her death at the couple’s family home in Exning Road.

Abodunde must spend a minimum of 17 years in prison before he can be eligible for parole.

The court heard on 27 November, the day before Mrs Abodunde’s death, the couple had a domestic incident and Abodunde was arrested.

As part of bail conditions, he had been ordered not to contact his spouse.

The following morning, Abodunde travelled to the family home to retrieve a mobile phone at about 09:00 BST, the court heard.

Mrs Abodunde, a mother of three, had been working overnight as a health care assistant and had been on her way back home.

Prosecutor Stephen Spence KC told the court Abodunde was aware of his wife’s shift pattern and CCTV showed she had arrived back at about 09:12.

“Only the defendant now knows what happened,” Mr Spence added.

The court was told two officers had attended the property at about 09:20 to speak with Mrs Abodunde about the previous day’s domestic incident.

“The officers repeatedly knocked on the door and notified them of their presence but got no response or heard any calls for help,” Mr Spence told the court.

However, between 40 and 50 “thuds” had been heard, believed to be Abodunde attacking his wife.

Officers were given clearance by senior police officials to enter the property at 09:45, the court was told.

“When they entered the front door, they immediately found the lifeless body of Mrs Abodunde with her skull smashed in,” Mr Spence said.

A postmortem examination found Mrs Abodunde had suffered “catastrophic brain injuries”.

She also had injuries that were consistent with her body being “stamped on” as well as being hit with a skateboard.

This had been found at the property covered in blood and fragments of skull. The court was told the victim had also been strangled.

As Mr Spence addressed the court, the defendant could be heard sobbing from the dock.

Police forced their way into the home after hearing bangs

Nneka Akudolu KC, defending Abodunde, said there was “no other explanation as to why that level of violence was exhibited” other than medication her client was taking at the time of the murder.

She said this medication led him to “completely lose control with tragic and lifelong consequences for those who loved” Ms Akudolu.

Ibuprofen, vitamins and steroids were found in Abodunde’s blood following the incident, the court was told.

“Whilst it does appear that medication was taken, there would be no medical evidence to support that he was medicated with anything that would excuse or cause him to act in the way that he did,” Mr Spence said.

During mitigation, Judge Martyn Levett said it was also “surprising” why Abodunde had taken 30 minutes to find the mobile phone once in the house.

“It seems to me that he was waiting for confrontation,” he told the court. “There is no debate that there was not going to be confrontation in my view.”

Ms Akudolu said Abodunde “was a very well-respected man” both here in the UK and in Nigeria where the couple had previously moved from.

He had been a local councillor in Nigeria and had a local street in the country named after him.

The court heard the couple had a “history of frequent disputes over bills and money” with some “low-level violence” involved.

Ms Akudolu told the court that “not a day will go by that [Abodunde] does not regret the misery” that he has caused.

In his sentencing remarks Judge Levett described Mrs Abodunde’s killing as “ruthless, violent, savage and heartless”.

He told the court Abodunde had lied to officers telling them his wife had attempted to attack him with a knife the day before he murdered her.

Abodunde also claimed she had tried to beat him, but no evidence was found to substantiate this, the court was told.

As Judge Levett spoke, Abodunde could be seen from the dock with his head in his hands while sobbing.

Judge Levett said there had been “no self-defence at all” on Abodunde’s part and he had heard “no remorse other than sobs from the dock”.

Following the murder, Suffolk Police referred itself to the Independent Office for Police Conduct (IOPC) due to previous contact with the couple.

It said earlier this month, two officers were advised they were being investigated for gross misconduct over potential breaches of the standards of professional behaviour.

Another officer is under investigation for breaches amounting to misconduct.

An IOPC spokesman said: “This does not mean disciplinary proceedings will necessarily follow. Our investigation remains ongoing.”

DailyReviewOnline with BBC reports.

Constituency Project: The Minister exceeded her authority, let her supervise the wedding — Niger Assembly Speaker

  • As another legislator justifies donation of burial materials to constituents

The Speaker of the Niger State House of Assembly, Abdulamlik Sarkindaji, has announced that he will not to attend the proposed wedding ceremony for 100 orphan girls in his constituency, leading to the cancellation of the event.

Sarkindaji made the decision in response to the Women’s Affairs Minister, Uju Kennedy-Ohanenye, taking legal action against the Speaker to prevent the wedding from taking place.

The Minister in a press conference in Abuja disclosed that she has “filed for injunction to stop him from whatever he is planning to do on the 24th, until a thorough investigation is carried out on those girls, find out whether they gave their consent, their ages, find out the people marrying them.”

During a press briefing on Tuesday, the Speaker stressed that the minister has exceeded her authority. adding that she should assume responsibility for overseeing the wedding ceremony.

The Speaker confirmed that he had already provided financial assistance to the parents of the girls through the traditional leaders and clerics of his constituency. He assured that he had no intention of retracting this support.

As part of his constituency project, the Speaker Sarkindaji announced his plans to marry off 100 female orphans in the state, saying he was “concerned with” their growing number as a result of activities of banditry.

In a similar development, the senator representing Kano Central in the Senate, Rufai Sani Hanga, has revealed the reasons behind the donation of burial materials to his constituents in Kano State.

The members of the opposition parties in Kano State had lashed out at the lawmaker elected on the platform of the New Nigeria Peoples Party (NNPP), saying he was honouring the dead instead of empowering his constituents.

Addressing news people in Kano on Monday, May 13, 2024, Hanga said he has no regrets donating clay pots and textile materials, used in burying corpses, to his constituents.

Senator Hanga

The senator said the gesture is a tradition in his family.

He said: “I have no regrets whatsoever purchasing and donating burial materials to my constituents. I did not use constituency project money to buy them; I used my personal money.

“Furthermore, the gesture is a tradition in my family as I grew up witnessing my father carrying it out.

“Before I became a senator, many people knew me with the gesture; when I became senator, some groups came requesting that I should purchase materials for them to maintain their graveyards.

“And I decided to spread the gesture to all the 15 Local Government Areas of my constituency.”

Hanga said apart from the purchase and donation of pots and other burial materials, he had been delivering other dividends of democracy to his constituents.

The senator added: “As part of my constituency project, we are building roads in about 10 Local Government Areas and women centres in about six Local Councils.

“This is after giving women and youths monetary incentives to selected beneficiaries from the 15 Local Government Areas.

“In the education sector, we have sponsored no fewer than 2,000 students to study at the Kano State Polytechnic.

“We paid school fees 1500 Bayero University, Kano (BUK) students as part of our support to their education.”

The lawmaker said following a request by some Islamic scholars, he also built an Islammiyya School at Dan Dishe town in Kano State.

Hanga added that he had distributed 450 bags of assorted grains such as rice and millet as well as spaghetti to each of the 15 Local Government Areas in his constituency.

On the Niger mass wedding, the female orphans whose ages had yet to be disclosed reportedly lost their parents to banditry attacks in the Mariga Local Government Area.

The UNDP notes that: “Women are not only the most vulnerable victims of conflict, but they are also disproportionately disadvantaged in terms of resources, access to services, education, and human rights. Their vulnerability affects their ability to reach their full potential in society.

“In Northeast Nigeria, women and girls from conflict-affected areas make up the bulk of the vulnerable internally displaced persons with many of these women entirely responsible for the safety and financial stability of their families. To ensure that women reclaim their lives and create a more prosperous future for themselves and their families, it is imperative that they access social and economic services.

However, it does appear that Speaker Sarkindaji, has neither given consideration to empowering these orphans nor ensured that they have access to education. And although he expressed concern about the growing number of orphaned girls on account of banditry, he might not have given a thought to the baby boom which will sooner than later hit the state, thereby increasing the number of helpless citizens when the husbands of these orphans begin to exercise their conjugal rights.

But the Speaker may have made arrangements to settle them in affluent homes.

Addressing reporters in Minna, Niger State capital, Sarkindaji, who represents the Mariga State Constituency, disclosed that he would pay the dowries for the bridegrooms as part of his constituency project.

According to him, all necessary materials for the marriage ceremony schedule for May 24 at Bangi, the headquarters of Mariga Local Government Area, had been procured.

According to a Daily Trust report, he said that 100 girls who would be married off were carefully selected from the 170 girls whose names were submitted.

The Speaker, described the initiative as part of his constituency empowerment project, “aimed at alleviating the suffering of the impoverished.”

Sarkindaji, however, noted that the Niger State Governor, Mohammed Umar Bago, and the Emir of Kontagora, Alhaji Mohammed Barau, would serve as guardians to the female orphans during the mass marriage ceremony.

Expected to attend the ceremony is the Kano State Commander General of the Hisbah Board, Sheikh Aminu Daurawa.

According to an International Council of Nurses article, The Girl Child Education Fund brings education, hope and comfort to orphaned girls in Africa: “Educating girls plays a key role in improved health and poverty reduction. It leads to lower birth rates and infant mortality rates, better health, nutrition and gender equity. Girls who are educated earn higher incomes, leading to higher productivity, strengthened economies and stable, resilient societies.”

Outrage in Anambra over 69-year-old widow’s murder by stepson

  • As controversy trails alleged murder of skit maker in Abuja by herdsmen

The Ojoto community in Idemili South Local Government Area of Anambra State is in uproar as members of the community on Monday protested the killing of a 69-year-old widow, known as Ifeoma Ajuluchukwu by her stepson.

Her alleged murderer and stepson (name withheld) is said to be the first son of her husband’s first wife.

The protesters, who besieged the premises of the Anambra State Ministry of Women Affairs and Social Welfare, on Monday, disclosed the development during their demonstration even though they did not state the date the incident took place.

They came in their numbers, including the youth and the elderly while carrying placards that had various inscriptions.

Speaking on behalf of the protesters, their leader, Prince Emeka Nwabunike, said they came to express their grievances and also appeal for justice, following the alleged gruesome murder of the widow.

Nwabunike said the people of Ojoto had heard from all the parties and also conducted an independent investigation, after which they found out that the widow was “gruesomely murdered.”

He explained that their protest was to seek justice for the murdered widow, adding that “the entire community is distressed about how the widow was sent to her early grave, while the suspect continues to walk freely.”

He commended the Commissioner for Women Affairs and Social Welfare, Ify Obinabo, for showing interest and being proactive in the matter and also assured the commissioner that the community was solidly behind the ministry in securing justice for the widow.

He said, “We plead with the commissioner to use her good offices to get justice for the slain widow. Her immediate intervention in the matter spurred us into carrying out further investigations on our own.

“We also had to involve all the parties in the matter, video evidence was also reviewed. In the end, it became obvious that Mrs Ifeoma Ajuluchukwu was murdered and she needed justice.”

Obinabo, while addressing the protesters, hailed them for choosing the right channel to express their grievances without toeing the path of jungle justice.

She also commended the traditional ruler of the community and the entire people for showing concern in the matter and for the necessary steps they have taken so far on it.

She said, “The ministry has carried out far-reaching steps in the matter. Injustice, especially injustice against women, children and the less privileged members of society, is abhorred and intolerable in the state under Governor Chukwuma Soludo.

“The matter will get to the desk of the governor and the murdered widow will get the state government’s assistance and justice.

“We swung into action immediately we got wind of the news, especially when we heard that the alleged perpetrator of the crime went behind the back to arrest community members who condemned the act because of his influence.”

She said the Soludo administration seriously condemned such rascality as well as people taking the law into their own hands assuring the protesters that this would get to the governor’s table and that the matter would be pursued to its logical conclusion.

In the meantime, controversies are trailing the death of skit maker,  Chidike Emmanuel, who was said to have been killed by suspected herdsmen in Abuja on Saturday.

Chidi the murdered skit maker

A netizen, Loveline Imaobong, had raised an alarm revealing that the victim was found lifeless in a mortuary.

“The guy in the picture is lying lifeless in the mortuary, he was attacked by Fulani men. Any lead to his family members would be appreciated. They should please go to Mpape’s new police station, Berger Quarry. Please repost till it gets to them,” she wrote

Imabong further claimed that Chidi was among six persons allegedly attacked by herdsmen.

“Six of us were attacked and he died in the process. We’re currently looking for information about any of his family members,” she added.

Giving more update, Imabong said, ” His closest relative in Abuja has reached out and visited the police station. The police are putting in efforts to make sure the perpetrators will be apprehended. Thank you to everyone who contributed to the success of this”

This was quickly debunked by another netizen, UrglyGramm tweeting as #urgly_gramm who claimed Chidi had no family in Abuja.

“Chidi has no family in Abuja and this girl  #Celebritylekpa claims that his family has already been there but our source told us that the police said none of his family has been present.

“Please like and retweet till this tweet gets to his family in Lagos or share pls share his family contact because they do not know anything about this death and he has been dead since yesterday not today,” he debunked.

The Force Public Relations Officer, Muyiwa Adejobi, could not be reached as he did not respond to messages sent to his phone as at the time of filling this report.

Meanwhile, netizens on Monday are calling for justice for Chidi.

Already, #Justiceforchidi trended with many left confused about the circumstances surrounding his death.

Sýn•ņpà tweeting as #simplysympa described his death as appalling.

“The controversy surrounding Chidi’s demise is so appalling. A worse thing that could happen to a dead person is to be left unburied. Family and friends need closure in grief and for the dead to rest in peace, too,” he wrote.

A popular animal scientist, Arojinle, said Chidi’s death has left him emotional

He shared, “I deleted one of my earlier tweets because it contained what can be termed a murder allegation which I can’t prove. I have been advised to do so. I’m trying not to get emotional but when I read my chats with Chidi, I can’t help it. I have videos of animals he shared that I never knew about before. I haven’t even posted some of them yet.”

Another user, Daisy tweeting as #Adaherself wrote, ” I’m sorry Nigeria happened to you  I’m sorry Abuja happened to you Chidi You only left Lagos to Abuja for solace, quite unfortunate it was truncated. Had it been you knew, you would have just remained in Lagos Damn!! This one hurts.”

PUNCH

Nigeria’s secret police invades court, snubs judge, arrests defendants

In spite of His Lordship’s warning, officers of the State Security Services invaded an Ogun State High Court sitting in Ilaro and arrested two defendants.

The court was presided over by JHon. ustice AA Shobayo on Tuesday.

The defendants, who were simply identified as Alhaji Isiaka Fatai and Samuel Oyero, were tried in a suit marked HCP/IC/2023 between the State vs Awode Oladosu & 13 others.

The case was reported to be a result of a crisis that recently broke out in the Agosasa community in the Ipokia Local Government Area of the state over an Obaship tussle which led to the destruction of property worth billions of naira and loss of life.

Meanwhile, when the hearing was ongoing, operatives of the DSS stormed the court premises and took away the suspects.

Confirming the incident to Daily Trust, Counsel to Alhaji Isiaka, Kehinde Bamiwola, in a statement, alleged that men of the DSS operatives used weapons on the two, stressing that “Alhaji Isiaka Fatai was beaten, slapped, man-handled, rough-handled and molested.”

Corroborating Bamiwola’s claim, the Principal Registrar of the High Court and Sectional Head of High Court, Ilaro, Omololu Olusanya, confirmed the incident, describing it as shocking and disrespectful to the rule of law.

He stressed that even after the judge had ordered the operatives not to make any arrest within the court premises, they still proceeded to arrest the two persons.

“They still went ahead and did the act to the extent that they assaulted one of our staff members, Mrs Fadina, while doing that act. It’s a very sad issue that caused a lot of noise within the court premises.

“It was from the source that we heard they were DSS agents. If anybody sees them, one would think they were armed robbers.

Olusanya further said that their appearance was far from being identified as DSS agents, adding, “They did not wear anything that identified them as DSS, but they came to my lord this morning and said they had some people to arrest. That was when we knew they were DSS officers.

“They approached the judge before the court session began. The honourable judge advised them that if they wanted to make an arrest, it must not be done within the court premises.

“They could stay outside and do whatever they wanted, but they refused that advice and carried out the arrest within the premises,” he said.

However, when contacted, the spokesman for the DSS, Peter Afunanya, did not answer calls or reply to text messages sent as of the time of filing this report.

PUNCH

Rivers State: Court pronouncement not necessary in vacation of seat of a defecting lawmaker in Nigeria

By Sylvester Udemezue

1️⃣. SECTION 109(1)(G), CFRN, 1999 provides: “A member of a House of Assembly shall vacate his seat in the House if –
being a person whose election to the House of Assembly was
sponsored by a political party, he becomes a member of any other political party before the expiration of the period for which that House was elected: Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;”

2️⃣. SECTION 109(2), CFRN, 1999: “The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of the member”

3️⃣. On 12 December 2023, “COURT CONFIRMS EDISON EHIE AS AUTHENTIC RIVERS ASSEMBLY SPEAKER” (published in
guardian.ng)

4️⃣. On 14 December 2023, “FUBARA-BACKED RIVERS SPEAKER DECLARES SEATS OF 27 DEFECTED LAWMAKERS VACANT” (published in premiumtimesng)

5️⃣(a). I can’t see anywhere in the Constitution where Court has any role to play before the seats of defecting lawmakers could or would become vacant;

(b). Meanwhile, the following appear to be not in doubt:

(i). 27 lawmakers had defected to another party. On 11 December 2023, “27 RIVERS PDP LAWMAKERS DEFECT TO APC” (See: punchng.com)

(ii). There was no division reported at the national level of their own political party (PDP) as of the time and date they defected to the APC;

(iii). By virtue of an order of a competent court of law, Edison Ehie was the Speaker as of 13 December 2023 when the seats were declared vacant bt the Speaker, Hon Edison Ehie.

(iv). As the speaker, Hon Edison Ehie then declared vacant, the seats of the 27 members who had defected to the APC.

(v). HON EDISON EHIE as the speaker reportedly later wrote the INEC to conduct elections to fill the vacant seats. “RIVERS SPEAKER WRITES INEC, SEEKS CONDUCT OF FRESH ELECTIONS IN 25 CONSTITUENCIES”
(See: leadership.ng)

(vi). Whether INEC listened to conduct bye-elections or not, and pending when INEN would comduct the bye-elections, the declaration by the speaker, based on the defection, appears to have rendered the seats vacant. Further, the Speaker had done what he should do by notifying INEC and inviting INEC to conduct fresh elections to fill the existing vacancies. The ball is now in INEC’s court. Meanwhile, the businesses if the House of Assembly have to proceed with the remaining members of the House, pending when INEC conducts the bye-elections. See Section 102 of the Constitution.

(vii). Until today that declaration by speaker Ehie has not been reversed by the speaker of Rivers State House of Assembly; can it even be reversed by the House? No provisions in the Constitution for reversal of the declaration.

6️⃣. I saw yesterday (09/05/2024) where one of our great seniors was arguing strongly that mere defection doesn’t render the lawmakers’ seats vacant. And I asked myself, even if section 109(1)(g) was not self-executory as the learned senior argued, had the Speaker not given effect to the provisions of Section 109(1)(g) as required by the Constitution, thereby executing it whereupon the seats of the 27 members had then become vacant in the eyes of the law? How else does our oga want the provisions of Section 109(1) (g) to be given effect? And, does INEC’s delay in conducting Bye-elections to fill the vacancies created by the defection, affect the fact that in law, their seats are already vacant?

7️⃣. I saw also another opinion, that a court must declare the seats vacant before the seats can become vacant. With due respect, I don’t think that’s what the law says. The Constitution does not say anywhere, that a court of law must make a declaration before the seats of defecting members of a legislative house would become vacant upon such a defection. The Constitution has given power to the Speaker of the House of Assembly to declare the affected seats vacant. And irrespective of how Hon Edison Ehie was elected the speaker, the court had upheld the said election (albeit temporarily) and given the said speaker and the remaining Assembly members the go-ahead to conduct the businesses of the House. It was after the green light from the court that the Edison Ehie-led House went ahead to declare VACANT the seats the defecting members. A court order remains binding and effective unless and until set aside. See THE MILITARY GOVERNOR OF LAGOS STATE & ORS. V. CHIEF EMEKA ODUMEGWU OJUKWU & ANOR (1986) JELR 47904 (SC); (SC. 241/850) [1986] NGSC 13 (14 February 1986).
See also Ogundare, JSC, in Rossek v. A.C.B. Ltd. (1993) 8 NWLR (Pt. 312) 382 at pages 434-435 E-C; and Eso, JSC in Oba Aladegbami v. Oba Fasanmade (1988) 3NWLR (pt.81) 131; (1988-LCER-4450-SC)
See also Adebayo v. Johnson (1969) 1 All NLR 176; Aladegbemi v. Fasanmade (1988) 3 NWLR (Pt.81) 129; Komolafe v. Omole (1993) 1 NWLR (Pt.268) 213; Rossek v. African Continental Bank Ltd. (supra).” See also the dictum of MUHAMMAD, J.S.C ( Pp. 23-27, paras. E-C ) in OSHIOMHOLE & ANOR V. FGN & ANOR (2004) LPELR-5188(CA).
If there was a court order validating the actions of the Edison Ehie-led House at the time the House declared vacant the seats, can one validly argue that the seats have not been declared vacant?

8️⃣. By the way, let one advert one’s mind to the rules of corporate governance, especially relating to Majority Rule and Minority Protection?What happens when those acting illegally or committing a breach of the law are in the majority, and can’t reasonably be expected to take action against themselves for purposes of giving effect to the legal consequences of their illegal actions, which situation has foisted upon the corporation a state of hopelessness or helplessness? Isn’t the minority entitled to act to save the situation? By the way when 27 members out of a 32-member house defect leaving only five, aren’t the five entitled to act to uphold and protect the law, since it’s reasonably unthinkable that the defecting 27 members would ever give effect to the provisions of Section 109(1)(g), Constitution of the Federal Republic of Nigeria, 1999?

9️⃣. There is no doubt that the 27 lawmakers are the ones who had voluntarily given their opponents the weapon with which to fight the 27 lawmakers. Thus, I agree with respected Femi Falana, SAN, that the defection of the 27 lawmakers was ill-advised, self-defeating and counterproductive. “27 RIVERS LAWMAKERS WHO DEFECTED FROM PDP TO APC DIDN’T RECEIVE SOUND LEGAL ADVICE AND HAVE LOST THEIR SEATS – FEMI FALANA”
(See: lindaikejisblog.com).

9️⃣. RESOLUTION OF THE MATTER. I humbly think that if the affected 27 or 25 lawmakers believe their seats have not become vacant, they should explore the legal opportunity provided by Section 272(3), Constitution of the Federal Republic of Nigeria, 1999, which provides as follows: “Subject to the provisions of section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant”. The court would then examine all issues and award relevant redress or orders as it may deam necessary, fit and just in the circumstances. It is respectfully submitted that the State High Court also has jurisdiction in the matter.

🔟. Finally, I admit the legal discussions are intricate, complex as many issues need to be examined on both sides. Meanwhile, I urge all lawyers as custodians of the rule of law, to approach the matter with an open and objective mind, while facing reality as it’s. On my part, as much as I need a further education on the legal issues, I think I should write further to give a detailed legal opinion on the matter, citing as much more legal authorities as I am able to have access to, in the best interest of the public and our constitutional democracy.
Respectfully,
Sylvester Udemezue (Udems)
Proctor,
Reality Ministry of Justice (RMJ).
(A Public Interest Legal Advocacy Group)
08039136749.

[email protected].

Bullied Abuja British school girl sues school, seeks N500m damages, public apology

The female student, Ms. Namitra Bwala who was seen being bullied by fellow students in a recent viral video has filed an action against Lead British International School, Gwarimpa, Abuja, for allegedly failing to protect her from bullies and subsequent cover-up of the incident.

Namita is asking the court for an order awarding N500m as damages against the school for failing in its duty to provide protection and care for her, N5million cost of litigation and public apology in two national dailies.

The matter is currently before the High Court of the Federal Capital Territory (FCT), Abuja.

About three weeks ago the incident gained widespread attention after a video surfaced on social media showing a female student Mariam Hassan, bullying a fellow student Namtira Bwala. The video sparked outrage across social media platforms, prompting calls for accountability and justice by netizens.

However, the school authorities issued a statement claiming it was investigating the incident and taking all necessary steps to address it while the Federal Government through the Ministry of Women Affairs and Social Development also waded into the matter. The bully, Maryam, thereafter, tendered a public apology to the victim and the public through a viral video message.

But, apparently dissatisfied, Namitra Bwala, a minor and suing through her guardian, Mr. Daniel Madu Bwala, has approached the FCT High Court for restitution, accusing the Lead British International School of negligence and cover-up of the incident.

According to the court papers sighted by our correspondent and a press statement issued by the law firm of Deji Adeyanju and Partners, signed by a founding partner of the firm, Marvin Omorogbe, Esq. on Monday, Namitra specifically sought a total N505m in damages against Lead British International School, Gwarimpa, Abuja, for failing in its obligation to provide a safe and conducive learning environment for her while under its custody and care.

LEADERSHIP

Monday Lines: Taxing hunger in Iregba

By Lasisi Olagunju

I do not believe that the president of any country will deliberately wreck everything. Their problem may be arrogance or ignorance – or arrogance in ignorance. Or, they may be worshipping wrong gods or feeding their gods with what they must not eat.

You remember Sir Shina Peters’ song for M.K.O. Abiola on the billionaire’s implacable friends who refused to eat his food?

“You gave smooth pounded yam to your friend,

Your friend refused to eat.

You made soft, mushy amala for your friend,

Your friend refused to eat.

You called your friend,

Your friend refused to answer you.

You do not know what they say you did wrong.”

There are at least two sides to a story such as this. Why would I give my friends food and they refuse to eat? Why would I shout their names and they ignore me? Am I calling the right names? If my offerings are right, shouldn’t I then check if they are really my friends?

The ace musician sang that song years before June 12 happened to Abiola. The musician may not know, but that chant is straight from the lore studio of the priests of life.

The foundation story of the song I tell here:

One ancient Yoruba king called Oniregba Osodi, at the beginning of his reign, asked his priests if his era would be peaceful and prosperous. The king was told to take care of all birds in his kingdom because they were hungry and angry and would hurt his happiness.

“What should I do and where are the birds?” the king should ask that question but he did not ask. He was the smartest and the wisest human being around, so he thought.

Instead of asking for directions, the king announced that he knew the road and blurted out orders. He commanded every man and woman in his kingdom to bring out all their grains and feed their ducks and fowls. The people brought out their corn and guinea corn and fed their ducks and pigeons, chicks and chickens.

The king was happy and satisfied.

But, the real hungry, angry birds were looking and watching.

“This oba is king also in idiocy,” they concluded and resolved to teach the powerful how to be wise.

Then, they struck. Nothing Oniregba did amounted to anything. He moved from market to farm, all was in vain. His efforts were like Abiku’s bangles in Soyinka’s lines. He sent his servants on an errand, they did as Alaafin Aole’s spell ordered them: The messengers did not come back. They even did worse. They created their own message, like Afonja did, and delivered the same to an audience different from their lord’s. Wracked by hunger and want, shouts of “ebi npa wá” rent the town while disease and death and general pestilence reigned.

In the midst of the commotion, the sad king, in tears, challenged his priests on the failure of their prescription. “False prophets,” he called them.

They replied the king that he did not feed the birds as they counseled him to.

He said he did. They told him he didn’t.

The king gave a detailed account of his specific orders and how they were carried out.

The priests exchanged looks and laughed. They told the king: “Kabiyesi, you offered the wrong sacrifice to the wrong birds in the wrong place.”

The wise ones moved near the king and, in plain language told him who was hungry and angry and needed to be fed. He wondered why the priests did not tell him this the other time; the priests reminded him of his haste, his arrogance, ignorance and lack of decorum. “You didn’t wait and didn’t ask,” they told him. The king’s royal head wisened. He was sober. Now, he did what the priests told him to do. He didn’t have to wait long before his salvation came. His reign was long in peace, happiness and prosperity.

And, so, in Iregba till tomorrow is the song:

We made smooth and soft pounded yam,

We gave the birds of Iregba,

The birds said no, they won’t eat.

We rolled out pots of succulent amala for the birds of Iregba,

The birds said it was not their food,

They refused to eat…

When we gave the right meals to the big birds,

They ate and chirped with joy…

I did not make this story up. If you are a Yoruba and you are like me with a knowledgeable ancestor, consult him. Even if the forebears are like mine, long dead, their undying spirit should whisper to you the truth in the tale. But if you have no father and no mother, and you have no idea where their bones rest, put a call through to Professor Wande Abimbola. He has the knowledge. Or you can go to Chief Yemi Elebuibon in Osogbo. The tale is his to retell. He has a fuller version recorded in one of his books.

Except he retraces his steps and changes the deity he serves, by the time Alhaji Bola Ahmed Tinubu ends his tenure, he will be remembered for creating greater misery and more poor people than have ever lived in Nigeria. I don’t think that will be an enviable legacy. But he chose it. Every king writes the history of his era.

When a government neglects the road, opts for the bush and pumps efforts into wrong ideas, what it does is the same as starving the birds of life. Its efforts will, till eternity, roll up and down the hill like the boulder of condemned Sisyphus, the devious tyrant of Ephyra who violated “the sacred hospitality tradition” by killing visitors “to show off his power.”

Let us look at it. You moved the price of petrol from less than N200 to almost N1000 and upended every plan in every home. You pushed the naira tumbling down Mount Everest and clapped for yourself as a man of courage. Your Sango’s stone pelts struck the market and shocked food prices beyond the reach of the hungry. People who need food, you continue to feed them hope in poisoned cans of tax, more tax and more levies.

Until now, I never knew that the introduction of taxes and levies could be celebrated as achievements by a government. Our government has that epaulette proudly emblazoned on its right and left shoulders. And we are so pinned down in helplessness.

The history of tax is one of intrigue. In ancient times, it was levy to fight wars. In medieval times, it was what Terence Dwyer (2014) calls “a fee derived entirely from surpluses” – the same thing Adam Smith prescribed as the “ability to pay”. In modern times, tax has become “a burden on production.” Why should people pay tax to an absent government?

Tax theorists say tax is payment for government services. In ‘The Birth and Death of Taxes’ (1977) economic historians, Edward Ames and Richard Rapp, trace the history of tax as a feature of government’s economic life. They tell us that there is “a public good called protection, the suppliers of which are called governments.” They say a government “has a monopoly over the supply of protection to its subjects and taxes are the price paid to the monopolist.”

They take it further, identifying two kinds of protection: one is defence, the other justice. They say when a threat is from foreigners, there is a demand for defence. When the threat is internal, one group of the same population unleashing threats against another, the good on demand is justice. Both goods should normally be exclusively government products. But, you and I know this may not always be so. A government that provides neither defence nor justice but still demands and collects tax is simply extortionate. In that case, what should the subjects do?

A newspaper on Sunday said the president had halted the proposed collection of cyber security levies from the poor and the rich. If it is true, I salute and thank the president. But, should that demand ever have been contemplated at all? What law backed the collection order in the first place? Who should collect and manage taxes under a just, normal law, the Federal Inland Revenue Service or an office created strictly to advise on security?

While we sheepishly surrender and pour libation to Abuja’s god of extortion, we are being offered as cheap ingredients for money ritual. CBN’s demand for cybersecurity tax from everyone, including sellers of pepper and locust beans, was said to be rooted in the Cybersecurity Act 2015 and its 2024 amendment. But that is not correct. The law mentions neither you nor me, nor the sweaty yam seller next street.

Let us check what the law contains. Section 44 (1) of the Cybersecurity Act 2015 says: “There is established a Fund, which shall be known as the National Cyber Security Fund (in this Act referred to as “The Fund”).” Subsection (2) adds that “There shall be paid and credited into the Fund established under subsection (1) of this section and domiciled in the Central Bank of Nigeria: (a) A levy of 0.005 of all electronic transactions by the businesses specified in the Second Schedule to this Act.” And what is in that Second Schedule? The Second Schedule is plain; it habours neither the jìbìtì nor the rìkísí which we read in the CBN circular.

The Schedule says: “Businesses which section 44 (2)(a) refers to are: (a) GSM Service providers and all telecommunication companies; (b) Internet Service Providers; (c) Banks and other Financial Institutions; (d) Insurance Companies; (e) Nigerian Stock Exchange.”

The 2024 Act amended the 2015 Act without touching the Second Schedule. Indeed, the Amendment Act reinforces that schedule by prescribing punishments for non-payment of the levy by the businesses so listed (see Subsection 8 of the Amendment Act).

So, where did Tinubu’s Central Bank of Nigeria get its long turenchi demanding that you and I start paying cyber security levies to an office that already has its share of the budget?

Apparently some people needed more money for the next night party, they did the maths and felt what the listed companies would pay them wouldn’t be enough for their frolics. They then converted all of us to ‘businesses’ without bothering to tinker with the law as they did in February. They simply asked the CBN to help them rewrite the law with a wordy circular. They did so knowing that we are a conquered people who won’t bother to check what the law truly says.

Even the businesses listed in that cyber security law will argue that they are being unfairly taxed. You would know and agree with them if you apply the theory of tax as payment for public goods. What does the government sell to them that warrant incessant taxation? How many of those businesses get ‘defence’ or ‘justice’ from the government as we know it?

“Nigerians pay one of the highest implicit tax rates in the world — way higher than developed countries,” African Development Bank’s president, Dr. Akinwumi Adesina, cried out in January 2021 at a Federal Inland Revenue Service Tax Dialogue.

“Think of it”, he said “they provide electricity for themselves via generators; they repair roads to their neighborhoods, if they can afford to; there are no social security systems; they provide security for their own safety; and they provide boreholes for drinking water with their own monies.” Yet, more taxes and levies are rolled out daily against us like Israeli armoured tanks in Gaza.

We should be afraid. There was a time in France when the people were compelled to purchase salt by the government which also forced them to pay extortionate tax on it. Kings and principalities historically taxed the most important ‘goods’ of life.

Salt has always been that important – even the word ‘salary’ is related to salt; you may check the history of its Latin root ‘salarium’. And, so it was heavily taxed. The French called the salt tax la gabelle. Historians Theodore Sands and Chester Higby in 1949 published an article on ‘France and the Salt Tax’. In it, they recall that the history of the gabelle under the Ancien Regime is “largely a story of increasing taxation and flourishing abuses.”

They say there was even a king of France who monopolized the sale of salt and made the people pay salt tax without selling salt to them. They add that it was a period when the government was “satisfied to receive the money supplied by the system and forgot the people who paid it.” The repercussion was an insurrection that pillaged the rich and, later, ignited the French Revolution.

Today’s Nigerians are like the birds of ancient Iregba. They are hungry and angry. In his ‘Salt, Politics and the French Revolution’, Toby Jaffe warns that “everyday commodities, including food, have the power to uproot, shatter and recreate societies…

The revolutionary events around the salt tax of 18th-century France teach us that something as deceptively simple as salt can be a spark plug for civil unrest and revolution.”

Now that Nigeria taxes everything including hunger, may God give us the fortitude to bear what may be coming.

NBA Appeal Committee for the Northern Region dismisses Adaeze Anah, Chimeziem and Ochili’s appeals

The Nigerian Bar Association Branch Elections Appeal Committee (North) on appeals from NBA Abuja branch has dismissed the appeals filed by Chimeziem Ifeanyi Amos, Ms. Adaeze Anah and Ochili Michael  Obinna challenging their disqualification to contest in the forthcoming NBA Abuja elections.

The appeal committee with Abdul A. Ibrahim SAN as Chairman and Murtala A.Kankia (Life Bencher) as Alt Chairman include –

Sule Shuaibu SAN—–Member

Oluronke Adeyemi —-Secretary

Haruna Yelma—-Member

Adamu L. Dambatta—Member

Mustapha Kashim —-Member

Member Adiguve —-Member

Rabiat A. Musa ———-Member

Yakubu Moses Ede —-Member

Muhammad Umaru —Member

After deliberations, the Committee concluded that their appeal lacked merit.

Click here to download.

Appeal-DECISION-ELCOM1

Corpus Juris Abracadabrum

By Chidi Anselm Odinkalu

“I am surprised that lawyers can be so blind as to suffer the principles of law to be discredited.” Ralph Waldo Emerson, The Fugitive Slave Law, 186 (1851)

There is a joke that when he or she wants an excuse to impress a client in order to finagle substantial earnings, a Nigerian lawyer resorts to Latin phrases. The objective is to make the lawyer sound profound beyond even their own understanding and it is immaterial that the speaker, like the person whom he or she seeks to impress, understands absolutely nothing of what they say.

This is not surprising. Very few people practicing law in Nigeria can possibly lay claims to any grounding in the grammar of Latin or a sense of the origins of most of the Latin expressions with which they seek to hold putative clients in thrall. But the want of meaning or grounding has never stood between that tribe and Latin vibe. Indeed, many will argue that Nigerian law these days – irrespective of the language in which it is rendered – has become mostly devoid of meaning.

It was the Normans, conquerors of England in 1066, who invented precedent as their central legal method. As Michael Glennon helpfully explains, “judges looked to earlier cases that presented similar facts, inferred holdings from these cases, pieced together those holdings in a single principle, and applied the principle to the current facts” thereby rendering it “common”. So it was that the “Common Law” evolved.

As they travelled around the world on an imperial mission of adverse territorial expansion centuries later, the British exported the methods of the Common Law around their acquisitions. They left it behind as a colonial legacy when they beat their final retreat in the decades after the Second World War. In post-colonial Nigeria, one of the territories weaned on this system, precedent was a recognized method of judicial decision making.

For this reason, law reports exist and law students, their teachers, practicing lawyers and judges invest in them to divine the minds of judges and piece together principles of law on the basis of which to advise clients and litigants. The assumption is that with awareness of these cases and the principles that they reveal, lawyers can advise those who seek benefit of their skills, knowledge and judgement with reasonable confidence in their prognostications of what the inclinations of the law could be if it came to be tested.

On the evidence of many recent renderings by courts in different parts of the country, however, this assumption that underpinned the practice of law and decision making by the courts in Nigeria can no longer be taken for granted.

On 17 April, 2024, for instance, Usman Na’Abba, a judge of the High Court of Kano State in north-west Nigeria, issued an interim order without the benefit of hearing the side against whom the order was issued (ex parte) requiring Abdullahi Ganduje, national chairman of the ruling All Progressives Congress (APC), to “stop parading himself as a party member pending the determination of the suit.” The court also restrained Ganduje in the interim from presiding over the affairs of the National Working Committee (NWC) of the party.

The effect of this order was, of course, that the man could not be expected to be chair of a party to which he did not belong as a matter of judicial reckoning. As egregious as it seemed, this kind of political sex work was not unprecedented in the annals of Nigerian judicial misconduct. Current Minister of the Federal Capital Territory (FCT), Nyesom Wike, successfully deployed it in August 2021 to oust then Chairman of the opposition Peoples’ Democratic Party (PDP), Uche Secondus.

This time, a worried Abdullahi Ganduje mustered proverbial loyal forces in an audacious counter-attack. A mere five days after he issued the order without hearing one side, the same Usman Na’Abba, this time without listening to the side in favour of whom he had given the first order, issued “an order of interim injunction….staying the execution of the order of interim injunction contained in the ruling of this court delivered on the 17th of April, 2024.”

To translate this into language that is presumably intelligible, the judge, having first issued an ex parte order against Ganduje suspending him from claiming to be a member of the political party of which he was national chairman, thereafter, issued another ex parte order against his first order using the second interim order to suspend the effect of the first one. In soccer humour, this would be a judge’s idea of a 1-1 scoreless draw!

But these kinds of excursions into the realm of judicial dystopian have become somewhat regular fare around the country. On 5 April, 2024, Inyang Ekwo, a judge of the Federal High Court in Abuja, purportedly sat on three cases against some leading members of the PDP from Rivers State, including Celestine Omehia, whose election as governor of the State in 2007 was later overturned by the courts; Augustine Opara, former Deputy Speaker of the House of Representatives; and Uche Secondus whose experience with Nigerian judicial Jiu Jitsu is already the stuff of legend. The claimants, who said they were members of the PDP in Rivers State, sought interim orders to restrain these three among others from requisitioning, attending, participating in or being allowed to do any of these in connection with meetings of the governing organs of the PDP.

Again, without pretending to hear them, Inyang Ekwo issued dispositive orders (not even interim) granting all that the claimants asked for. Thereafter, the files in the cases reportedly disappeared. Despite lodging appeals, Messrs Omehia, Opara and Secondus cannot find the files in order to process the records of proceedings for transmission to the Court of Appeal. On 2 May, they lodged complaints with the Chief Justice of Nigeria, Olukayode Ariwoola, in his capacity as chair of the National Judicial Council (NJC), asking him to discipline Inyang Ekwo. The Chief Justice himself has, however, been voluble about his personal devotion to Nyesom Wike, the FCT Minister who is the undisguised hand behind the machinations which seek to weaponize the judiciary in this loathsome manner. How he can pretend to handle these petitions with disinterest is anyone’s guess.

The day after the petitions against the invisible records in the cases before Inyang Ekwo, another of his peers on the same Federal High Court, Peter Lifu, issued yet another set of improbable orders ex parte restraining the PDP or any of its organs from meeting to consider a replacement of its national chairman, Illiya Damagun, or from recognizing anyone other than him as its national Chairman.

The Code of Conduct applicable to judicial officers in Nigeria specifically requires that a “judicial Officer must avoid the abuse of the power of issuing interim injunctions, ex parte.” Judges who issue these kinds of orders; chief judges who keep assigning these kinds of cases to a narrow and predictable cast of judicial recidivists and keep protecting their careers; as well as the lawyers who institute them cannot pretend not to know that they are involved in a conspiracy to procure judicial transactions. As legal scholar, Tunde Ogowewo, once wrote in another context, “evidence of their guilt is furnished by the very decisions they gave.”

The only people rendered naked by these happenings are the lawyers whose claim to the discipline of the Common Law method of precedent is now in tatters. When Nigerian lawyers try these days to resort to Latin to describe the body of Nigerian law as corpus juris, the only word that can be used to complete that usage is “Abracadabra”.

A lawyer and a teacher, Odinkalu can be reached at [email protected]

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