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Courtroom Nuggets: Know Your Judge

By Charity C. Ibezim

Aspiring lawyers are often reminded of a crucial courtroom tip: “Know Your Judge.” This advice underscores the importance of understanding the idiosyncrasies marking the personality of the judge presiding over a case.

It goes beyond mastering legal principles and case facts; it’s about anticipating the judge’s inclinations to streamline proceedings, save time, costs, and avoid unnecessary delays and frustrations as well as his unique temperament and personality as these as well find their way into the proceedings.

Personal Experience Validates the Advice

Reflecting on personal experiences, I’ve encountered instances where my lack of familiarity with the judge led to frustration during court proceedings. Despite my diligence in legal research, case preparation, and adherence to procedural norms, I found myself grappling with unexpected outcomes. It became evident that what resonated with one judge might not necessarily sway another, hence underscoring the need to know your Judge.

Embracing the Tip: A Path to Success

Since embracing the “Know Your Judge” principle, I’ve witnessed a significant shift in my courtroom effectiveness. By understanding each judge’s temperament, preferences, idiosyncrasies and judicial philosophy, I’ve become better equipped to tailor my arguments, presentations, and courtroom demeanor and decorum accordingly.

This approach has not only enhanced my advocacy skills but has also contributed to the expeditious and efficient delivery of justice.

A Call to Fellow Legal Practitioners

I extend this counsel to my esteemed colleagues, particularly those engaged in litigation. Embrace the wisdom of “Know Your Judge” as an indispensable tool in your legal arsenal.

By doing so, you’ll navigate the complexities of the courtroom with finesse, ensuring optimal outcomes for your clients, reducing avoidable mishaps whilst upholding the integrity of the legal profession.

Charity C. Ibezim, Posh Attorney

Court holds Customary Law cannot be cloaked with the borrowed robes of Common Law

“Clothing customary law with the borrowed robes of common law and statutory law will rob it of its core essence…”, held an upper Customary court in Gwantu, Kaduna State.

Adding that so doing will rob it of its core essence, His worship Emmanuel J. Samaila, Esq. on Tuesday, 30th April, 2024, further stated that “the peculiarities of customary law cannot be overemphasized.”

In the course of determining the issue of title to land and proof, His worship said: “Two prominent and distinct features of customary law are its flexibility and uncodified nature. While its flexibility depicts its susceptibility to change, its uncodified nature suits the lives of the people who are governed by it.

“Any violation of these features will rob customary law of its uniqueness and erode its peculiarity.

“If the practice of referencing a general position of customary law, which is developed from a dispute involving people from a particular tribe in a particular community in a particular location, is applied in a dispute involving a different set of litigants from a different ethnic group in a different location, this will lead to an unintentional and undesirable crystallization of customary law.

“Clothing customary law with the borrowed robes of common law and statutory law will rob it of its core essence, obliterate its uniqueness and erode its significance as a source of law for a people from a particular ethnic group in a particular community at a particular time.”

Below is the full text of the Judgment.

IN THE UPPER CUSTOMARY COURT OF KADUNA STATE

IN THE KAFANCHAN JUDICIAL DIVISION

HOLDEN AT GWANTU

THIS TUESDAY, 30TH APRIL, 2024

UCCG/CV/21/2023

BEFORE:

HIS WORSHIP EMMANUEL J. SAMAILA, ESQ. – JUDGE

  1. YAKUBU S. GIMBA – MEMBER

BETWEEN

OGAH JATAU – PLAINTIFF

AND

  1. TANKO WAKILI – DEFENDANTS
  2. JOSHUA AMOS

JUDGMENT

[1] The plaintiff’s claim against the defendants is for the declaration of title to a farmland situate at Ungwan Doka, Sanga which he inherited from his father. The defendants counterclaimed title to the same land. The plaintiff testified as PW1 and called Julius Danladi as PW2. He tendered three documents which were admitted in evidence as Exhibits 1A & B and 2. In their defence and proof of their counterclaim, the 1st defendant was their lone witness as DW1. After the close of the parties’ case, the disputed land was visited and the parties’ counsel, Mamman Audu, Esq. and I.B. Yakubu, Esq., addressed the Court.

[2] The gravamen of the plaintiff’s case is that the disputed land is his inheritance from his father, Jatau Abeku, who acquired it through sale from Danladi Wakili, 1st defendant’s elder brother and 2nd defendant’s father. Conversely, the defendants virtually rested their defence on the plaintiff’s case alleging that there was no valid sale of the disputed land to the plaintiff.

[3] In their final addresses, only the defence counsel framed issues for determination as follows:

  1. Whether the plaintiff has proved his case as provided under Section 131(2) of the Evidence Act and under Section 132 also.
  2. Whether there was a valid sale.

[4] In our quest to justly resolve the dispute between the parties, we distilled a lone question for determination: Has the plaintiff satisfactorily established his ownership of the disputed land to warrant a declaration of its title in his favour?

[5] In PW1’s testimony, he told the Court that the root of his title to the disputed land is a sale transaction in 2003 between his father, Jatau Abeku, and Danladi Wakili, 1st defendant’s elder brother and 2nd defendant’s father. He added that Danladi Wakili cautioned his brother, the 1st defendant, when he trespassed into the disputed land to harvest locust beans. He also averred that the Ward Head’s verdict when the 2nd defendant complaint against him (plaintiff) is that the land has been sold. Under cross-examination, the witness denied that the land was a pledge as it was sold.

[6] The testimony of PW2 is materially corroborative of the evidence of PW1 on the plaintiff’s root of title and acts of ownership, particularly the exclusive enjoyment of the locust beans tree and the seller’s caution of the 1st defendant. Under cross-examination, the witness admitted that the signature of the buyer is not on the document of sale, Exhibits 1A & B and 2. The witness also admitted to have earlier given his age as 44, not 42.

[7] In their defence to the plaintiff’s claim, only the 1st defendant testified as DW1. In a brief evidence, the witness stated that he has no issue with the plaintiff. The defence counsel’s perception of DW1’s testimony as meaning the parties never had a transaction between them is a non-issue as the plaintiff never claimed to have had any transaction with the defendants.

[8] As aptly stated by the counsel to the plaintiff in his final address, it is trite law that there are five ways of proving title to land in Nigeria. In Opoto & Ors v. Anaun & Ors (2016) 16 NWLR (Pt. 1539) 437 at 473-474, paras. H-G, the five means of proof are as follows:

  1. By traditional evidence.
  2. By production of documents of title which are duly authenticated.
  3. By acts of selling, leasing, renting out all or part of the land, or farming on it or in a portion of it.
  4. By acts of long possession and enjoyment of the land, and
  5. By proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.

It is also trite that the proof of any of the five ways suffices as proof of the ownership of any land. See Okorieocha & Anor v. Emereni & Ors (2016) LPELR-40043 (CA) Pp. 27-28, Paras. F-E.

[9] While it is apparent that the plaintiff’s case dovetails into proof by the 2nd, 3rd and 4th means of proof, the defendants did not give any material evidence to prove their counterclaim. As we earlier stated, the defence merely rested their case on that of the plaintiff. It is trite law that where a party seeks a declaratory relief, he bears the burden of proving his claim and either succeeds or fails on the strength or weakness of his case, not on the absence or weakness of the defendant’s case. See Ogolo v Ogolo (2006) 5 NWLR (Part 972) 173 at 184, Paras D – E; Akoledowo v. Ojibutu (2012) 16 NWLR (Pt.1325) 1 at 24, Para. C.

[10] A dispassionate consideration of the totality of the parties’ evidence puts up several sub-issues which the Court will resolve in our quest for a just determination of the parties’ dispute. Firstly, the validity or otherwise of the sale transaction. The plaintiff testified that his father acquired the disputed land in a sale transaction in 2003. Danladi Wakili was indisputably presented as the owner of the land before its sale. There was no contestation by the defendants, particularly the 1st defendant, that the disputed land is an unshared family land which the seller had no authority to sell rather than the fact that the land was the seller’s private property. The disposition of the defendants is best captured in their counsel’s final address where the ground for interrogating the plaintiff’s Exhibits is a reference to a vague and general customary practice for sale of land transactions.

[11] It is noteworthy that the defendants never gave evidence of the requirements of a valid sale transaction under Sanga custom which covers the area the disputed land is located. They have a burden of proving the Sanga custom for sale of land and demonstrating how the transaction between the buyer and the seller of the disputed land failed to meet that requirement. The defendants’ blanket reference to and reliance on a general position of customary law is a fallacious ground upon which to build their case against the validity of the sale transaction between the buyer and the seller, whose lives were governed by Sanga custom, not a general customary law which was most likely established in a case between people from a different ethnic group bound by a different custom in a different locality at a distant time.

[12] The peculiarities of customary law cannot be overemphasized. Two prominent and distinct features of customary law are its flexibility and uncodified nature. While its flexibility depicts its susceptibility to change, its uncodified nature suits the lives of the people who are governed by it. Any violation of these features will rob customary law of its uniqueness and erode its peculiarity. If the practice of referencing a general position of customary law, which is developed from a dispute involving people from a particular tribe in a particular community in a particular location, is applied in a dispute involving a different set of litigants from a different ethnic group in a different location, this will lead to an unintentional and undesirable crystallization of customary law. Clothing customary law with the borrowed robes of common law and statutory law will rob it of its core essence, obliterate its uniqueness and erode its significance as a source of law for a people from a particular ethnic group in a particular community at a particular time.

[13] Customary law is a matter of fact to be proved at all times in all cases as it might have undergone changes from the last time it was judicially acted upon. He who alleges the existence of any particular custom from which a benefit is intended to be derived or as the law governing a particular transaction or state of affair bears the burden of proving it. The subtle crystallization of customary law presented as general elements of customary law may suit academic quests but for practical purposes, the best way of knowing what the current custom is on any particular issue is by visiting the particular community practicing the particular custom. At best, case laws on customary law may reveal the state of the law at the time an agreement was entered into between two parties or an event giving rise to a dispute occurred.

While parties from the same tribe or ethnic group may refer to previous decisions involving the custom in issue, it is open to a litigant in a current suit to challenge the currency of the custom as declared and applied in the previous suit which the court is invited to apply in a present suit. The exceptions to the non-application of previous decisions on an issue in customary law are cases in which a particular custom was declared repugnant or unconstitutional. An example is the case of Ukeje v. Ukeje (2014) LPELR – 22724 (SC); (2014) 11 NWLR (Pt.1418) 384 where the Igbo custom which disentitles a female child from partaking in the sharing of her deceased father’s estate was declared unconstitutional.

[14] Section 24(1)(a) of the Kaduna State Customary Courts Law, 2001 (as amended) provides for the laws to be administered by the Customary Court. The section provides that:

“Subject to the provision of this Law, a Customary Court shall administer:-

(a) The appropriate customary law specified in Section 25 of this Law in so far as it is not repugnant to natural justice, equity and good conscience nor incompatible either by necessary implication with any written law for the time being in force.”

[15] Section 25(1) of the same Law, provides for the appropriate customary law to be applied in adjudication in land matters. It provides thus:

“Subject to the provisions of the Land Use Act and any written law, in land matters the appropriate customary law shall be the customary law of the place where the land is situated.”

[16] In the instant case, the defendants failed to discharge the burden of proving the existence of their referred general customary law which must be in the nature of the principle established in cases like Ukeje v. Ukeje (above) before it can be applied by this Court to the dispute between the parties over the sale of a piece of farmland located at Sanga and governed by Sanga customary law. We so hold.

[17] Secondly, the nature of the plaintiff’s exhibits. Exhibit 1B is the handwritten version of the sale agreement between the buyer and the seller of the disputed land. Exhibit 1A is the typed version of Exhibit 1B. Both are in Hausa language. Exhibit 2 is the English version of the agreement. A common feature in Exhibits 1A & B is the conspicuous absence of the signatures or thumbprints of the buyer and the seller. Rather, it is their witnesses, Mr. Julius Danladi (PW2) and Mr. Tanko Wakili, 1st defendant, that thumbprinted and signed them respectively.

[18] It is noteworthy that the defendants never contested the genuineness of the Exhibits. Their grouse is that the buyer and the seller never signed the agreement, hence the document, and by implication the sale of the disputed land, is invalid. They never bothered to prove their assertion that the document and the sale are invalid by giving evidence of what constitutes the requirements for a valid sale of land transaction under Sanga custom. Is their grouse sufficient reason to doubt the occurrence of the sale and the genuineness of the Exhibits? Our answer is in the negative. The basis for our belief in the occurrence of the transaction and the genuineness of the documents are independent events which occurred after the agreement was entered into. These include:

[19] 1. The seller’s, Danladi Wakili’s, caution of the 1st defendant. PW1’s testimony, which is corroborated by the evidence of PW2, is that the seller cautioned the 1st defendant after the plaintiff reported him to the seller for trespassing into the disputed farm and harvesting locust beans. These pieces of evidence were not contradicted by the defendants. The witnesses were also not discredited by the defendants.

[20] 2. The outcome of the customary arbitration between the 2nd defendant and the plaintiff. PW1 testified that the 2nd defendant made a complaint to their Ward Head claiming the ownership of the disputed land. The witness stated that their traditional leader told the 2nd defendant that the land has been sold. This piece of evidence was also not contradicted by the defendants.

[21] 3. The plaintiff’s act of acts of ownership and long, undisturbed possession of the disputed land. There is no doubt that the sale transaction occurred in 2003, that is a period of over 20 years. During this period, the plaintiff’s family cultivated the land and planted tick trees along the southern boundary of the land. The plaintiff’s evidence also indicated that he has been exclusively enjoying the economic trees in the land, particularly the locust beans tree. In fact, the acts that would have counted as disturbed possession were resolved in the plaintiff’s favour.

[22] 4. The refusal of the defendants to give substantial evidence in proof of their counterclaim. Ordinarily, a party does not have to testify in a case. However, in a case like the instant case where the defendants counterclaimed title to the disputed land, it is strange that they opted not give any relevant and material evidence. The Court opines that the defendants might have been wary of putting themselves up for cross-examination as their evidence will be on oath. It is trite law that where a party seeks a declaratory relief, he bears the burden of proving his claim and either succeeds or fails on the strength or weakness of his case, not on the absence or weakness of the defendant’s case. See Ogolo v Ogolo (above) and Akoledowo v. Ojibutu (above). Considering the foregoing, we find that Exhibits 1A & B and 2 are genuine documents which evidence a valid sale transaction between the buyer and the seller in accordance with Sanga custom for sale of land lying at Sanga in Sanga LGA of Kaduna State. We so hold.

[23] Thirdly, the discrepancy in the age of PW2. When cross-examined, PW2 gave his age as 42. He thereafter admitted that he had earlier given his age as 44. These questions were asked by the defence counsel in his bid to discredit the witness. However, the discrepancy in the witness’ age is of no consequence to his credibility or fatal to the plaintiff’s case. It is a non-issue as it has no bearing whatsoever with the live issues in the matter, which is the ownership of the disputed land.

[24] It is not uncommon during proceedings in the Customary Court, that parties, especially those without legal representation, state a number as their age which is apparently not their real age which many of them do not even know. The given age is more often manifestly lesser than what the Court can guess is their actual age by their physical appearances. Ordinarily, the question “How old are you?” is one of the preliminary questions the Court asks a witness who is unrepresented to enable the persons adjust to the strange arena of adjudication they might be appearing in for the first time. The question is also aimed at putting the witness at ease before testifying. It should be noted that the Court’s procedure is different from the customary arbitration procedure some of the litigants are used to in their traditional leaders’ palaces. Therefore, an obviously wrong number stated by a witness as his age ought to be overlooked and not to be used as a basis for discrediting a witness except in a case where the witness’ age is in issue. It is not in doubt that there is discrepancy in PW2’s age but we find that it is not material enough to affect the evidential value of his testimony. We so hold.

[25] It is a core feature of civil actions that decisions are reached on the preponderance of evidence, not on proof beyond reasonable doubt or proof with mathematical accuracy. See Eagle Transport Co. Ltd v. Anyia & Anor (2017) LPELR-42020 (CA) P.32, Paras. A – C. Therefore, we find that the discrepancy in the plaintiff’s case is immaterial and inconsequential to the credibility of PW2 and the plaintiff’s case. We so hold.

[26] In view of the foregoing, we answer the lone question for determination in favour of the plaintiff. We find that he is the owner of the disputed land and we so hold. His claim succeeds while the counterclaim of the defendants fails and is hereby dismissed. Therefore, judgment is hereby entered in favour of the plaintiff against the defendants as follows:

  1. The title to the disputed land is declared in favour of the plaintiff against the defendants. The land is particularly described thus:
  2. North: bounds a stream beyond which lies Young Money’s farmland
  3. East: bounds a footpath which separates plaintiff’s farm with Ishaku’s farm
  4. West: bounds a stream beyond which lies Anche’s farm
  5. South: the line of tick trees separates plaintiff’s farm from the 2nd defendant’s farm
  6. An order of perpetual injunction restraining the defendants, their heirs, servants, agents or privies from making any interference with the plaintiff’s land is hereby issued.

[27] Cost in the sum of N50,000 is hereby awarded in favour of the plaintiff against the defendants. Any party that is dissatisfied with this decision may appeal to the Customary Court of Appeal, Kaduna within 30 days from today, 30th April, 2024.

Signed:

  1. Judge 30.04.2024
  2. Member

Appearance:

Mamman Audu, Esq. for the plaintiff

I.B. Yakubu, Esq. for the defendants

Kenya appoints first female Air Force head

Kenya’s President William Ruto has appointed the first female commander of the air force.

Maj Gen Fatuma Gaiti Ahmed becomes the first woman in Kenya’s history to head one of the military services.

She was appointed alongside other leaders including a new head of the armed forces, following the death of the military chief and others in a helicopter crash last month.

Gen Charles Kahariri was promoted to take the vacant position.

Maj Gen Ahmed has previously held other firsts in the military leadership that is dominated by men – she was the first woman to rise to the rank of brigadier and major general.

She joined the military in 1983, serving under the Women Service Corps, a woman-only outfit that operated as a separate entity from the other arms of the defence forces.

They were an auxiliary service offering support duties such as administrative work, logistics, medical and communication.

The unit was disbanded in 1999 and it was only then that its members were allowed to join the main military services – the navy, air force and army.

The co-option of the unit provided more opportunities for women to participate in military duties and also allowed women like Maj Gen Ahmed to rise through the ranks.

Her rise has been seen as an achievement in promoting gender equality in the armed forces.

In 2018, as she was being promoted to major general, then President Uhuru Kenyatta said he was counting on her “to be a positive role model to women in this country”.

“Prove to them that there are no limits for women,” the president said.

Maj Gen Ahmed has previously said she was inspired to join the military by an uncle who was in the military, admiring his discipline and hard work that “shaped my life from a very early stage”.

She said some of her family members discouraged her from joining the forces – “they said ‘that’s not a profession for women’”, she told Citizen TV in 2018.

“But I was determined to make a difference in my life,” she said.

BBC

Insult!: Nigerian nurse recounts how Ghanaian airport officials stopped her from flying to Venezuela, tagging visa obtained in Abuja ‘fraudulent’

A Nigerian woman, Taiwo Awolafolajin has accused officials of the Ghana Immigration Service of preventing her from boarding a flight to Venezuela from Kotoka International Airport with Turkish Airlines “despite having a valid visa”

Taiwo, a nurse at the Lagos campus of the Nigerian Law School, told SaharaReporters that she spent roughly N4 million on her nursing council registration in Barbados and when it was time for her to appear in Venezuela in person after a proper invitation, she applied for a visa at the country’s embassy in Abuja.

“My visa application was granted on the 27th of March and I needed to board a flight to the country on the 29th of March. But because of the disparity in the prices of flight tickets between Nigeria and Ghana, I realised that boarding from Ghana was cheaper and this was why I decided to go there to board,” Taiwo told SaharaReporters.

She explained that a flight ticket from Nigeria to Venezuela via Turkish Airlines would cost her $2000 while the company charged around $1000 for the same destination in Ghana.

She continued: “It was when I was about to board that Turkish Airlines’ attendants insisted that my visa was fraudulently obtained and instead of Ghanian officials to investigate that claim, they also detained me and made me miss the flight.

“I told them I went to the embassy myself to collect the visa and not through any agent but all my explanations were to no avail. It was at that point they explained that the major reason I was stopped was because they wanted me to fly from Nigeria and not Ghana. I found that strange because of our closeness to Ghana.”

“The officials said they did not trust anything from Nigeria because most of the things obtained there always turn out to be fraudulent,” She added.

Taiwo’s documents obtained by SaharaReporters showed that she applied for the Venezuela visa in January and she was granted.

Corroborating his wife’s assertions, Taiwo’s husband, Boboye also added that she decided to travel out of Africa from Ghana because taking the route was way cheaper than going from Nigeria because of the naira devaluation.

He said, “My wife wanted to travel to Barbados through Venezuela on the 29th of March, 2024 from Kotoka International Airport via Turkish Airlines. We decided to book a flight from Ghana to Venezuela because it was cheaper compared to flying from Nigeria. Dollar-Naira value was not stable at the time.

“When she reached Accra airport, the Turkish Airlines staff during check-in accused her of having a fake Venezuela visa. She told them she went to the Venezuelan embassy in Abuja to process the visa herself. She was handed over to the Ghana Immigration Service. She was taken to a fraud laboratory for interrogation. She showed both Turkish Airlines and the Ghana Immigration Service the pictures she took in front of the Venezuelan embassy.

“They decided not to listen to her. According to her, they said she didn’t board in Nigeria because of the fake visa. She was prevented from boarding to Venezuela from Ghana. She told them to confirm the authenticity of the visa from the embassy of Venezuela in Abuja. She was going to complete her nursing council registration in Barbados. We need your assistance because my wife is not a fraudster.”

Sahara Reporters

How 11-year-old Iremide drowned in Ogun hotel swimming pool

Iremide Opeifa, an 11-year-old boy has drowned in a swimming pool at the Grand Bank Link Hotels along Idiroko Road in the Sango Ota area of Ogun State.

PUNCH Metro learnt that the preteen lost his life after the ill-fated venture on Sunday evening.

It was gathered that Iremide had finished assisting his mother at her shop in the area before he left for the hotel where he drowned in the pool.

The younger sister of the deceased’s mother, Kehinde Opeifa, who spoke to our correspondent, alleged that no efforts were made by the hotel to provide any medical care for Iremide before his mother arrived at the hotel.

She added that no lifeguard was in sight on the hotel premises to keep swimmers safe.

She said, “Iremide and his brother were assisting their mother in the shop before she left to buy some things for them as they were planning to resume school on Monday. His brother said he wanted to urinate on their way home, and after that, he did not see him again. So, he went back to the shop.

“While looking for his brother, one of their friends said they saw Iremide at Grand Bank Link Hotels. By the time he got there, he saw Iremide lying lifeless on the floor. That was when he ran home to inform his mum. So, when we got there, we saw the body.

“No effort was even made to take him to the hospital, they just left him there on the floor. We asked the person in charge of the pool why he collected money from such a young boy and allowed him into the swimming pool. So, the mother immediately went to the Police Division at Onipanu Ota to report the incident and thereafter rushed him to the hospital. He was rejected at two different hospitals. When we got to the third one, he was confirmed dead on arrival.”

Another relative of the family, Modupe Babafemi, claimed that the police did not take any action to view the corpse of the boy after the incident was reported at the station.

Babafemi also alleged that the police prevailed on the mother of the deceased to procure an affidavit not to take any legal action.

She said, “Since we reported the incident to the police, they did not make any attempt to go to the hotel and did not bother to see the corpse. The hospital where he was confirmed dead was even beside the police station yet they did not leave the station to check on him. They were even telling us to get an affidavit to withdraw the case.”

When contacted, the lawyer representing the hotel, Israel Ozolua, said he was told that the boys did not use the lifeguards provided by the facility before the incident happened.

He said, “My attention was drawn to the issue at about 4 pm today, so, I ran to the station and saw the victim’s family. All efforts to get information from them proved abortive. As of now, I have not got any information aside from the one I got from my client. The 12-year-old boy drowned. There are so many facilities provided by the hotel which include life jackets and those that look like tubes. But the boy did not make use of any. That is what I gathered from my client. But the DPO is also on top of the matter. The supposed attendant of the pool is still in police custody as I speak to you.”

 The state Police Public Relations Officer, Omolola Odutola, confirmed the incident, saying, “There was a report in Onipanu about a drowning incident on Sunday at about 8:40 pm. A woman named Florence Opeifa reported that her 12-year-old son, Iremide Opeifa, was rushed to the hospital after drowning while swimming with friends at the Grand Park Hotel, Ota. Sadly, he was confirmed dead at the hospital. Detectives visited the scene, took photos, and the body was taken to the hospital morgue.”

PUNCH

It’s unconstitutional to fire unmarried pregnant policewomen —Appeal Court

The Court of Appeal Abuja division has set aside Regulations 126 and 127 of the Police Force Regulations which empowers the Nigeria Police Force to terminate the services of an unmarried Police woman who gets pregnant while in service.

Declaring the provisions null and void, the Court struck them down on the basis of being unconstitutional

In the landmark verdict delivered on Friday, Hon. Justices J.O.K. Oyewole JCA, A.I Banjoko JCA and O.E Abang JCA, unanimously set aside the decision of the Federal Court, Abuja Judicial Division delivered by Ekwo J on 21st February 2022, in respect of Suit No. FHC/ABJ/CS/178/2021 between The Incorporated Trustees of the Nigerian Bar Association vs. The Attorney General of the federation & 2 Ors.

The Defendants in the suit at the lower Court were the Attorney General of the Federation, The Police Service Commission and the Nigerian Police Force.

At the commencement of the action, the Nigerian Bar Association (NBA) in an originating summons dated 15th February 2021 and sought the determination of the constitutionality of Regulation 127 of the Nigeria Police Regulations (which provides that an unmarried woman police officer who becomes pregnant shall be discharged from the force, and shall not be re-enlisted except with the approval of the Inspector – General) and Regulation 126 of the Nigerian Police Regulations (which provides that a married woman police officer who is pregnant may be granted maternity leave in accordance with the provisions of general orders), while taking into consideration the provisions of Articles 2,3,5,18 and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.

The Appellant’s case at the trial court was premised on the fact that the Nigerian Police Force (3rd Respondent) is subject to the provisions of the Constitution of the Federal Republic of Nigeria (hereinafter referred to as “the constitution” or “CFRN”) and cannot exceed its ambit but the provisions of the Nigeria Police Regulations (hereinafter referred to as “the Regulations”) which prohibits a serving unmarried woman police officer from getting pregnant as she stands the risk of being dismissed is not only unconstitutional but also in contravention of the provisions of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.

On account of the provisions of Regulation 127, one Miss Omolola Olajide, a policewoman under the Ekiti State Command of the Nigeria Police Force was dismissed from the force by the The Police Service Commission (2nd Respondent) and 3rd Respondent for being pregnant while unmarried.

The discrimination which the aforementioned provision created between serving female police officers, necessitated the commencement of an action for the determination of the constitutionality of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004 as same is in contravention of the fundamental rights of unmarried women police officers.

The trial court reserved delivery of its judgment to 21st February 2022. In delivering its judgment, the trial court entered judgment in favour of the Respondents and the action was dismissed as purportedly lacking in merit.


Dissatisfied with the reasoning and conclusion of the trial court, the Appellant appealed against the judgment to the Court of Appeal, the Court of Appeal agreed that the provisions of Regulations 126 and 127 were unconstitutional and set them aside to the extent of their unconstitutionality with the provisions of the Constitution of the Federal Republic of Nigeria (1999 as amended).

The case was prosecuted by the NBA Public Interest Litigation Committee set up in 2021 and case handled pro bono by Dr Charles Mekwunye, SAN; Mr Olukunle Edun, Mr Aderemi Oguntoye and Boonyamen Babajide Lawal. Lawal played key role in the prosecution of the Appeal.

Trump’s media accounting firm charged with ‘massive fraud’

Former US President Donald Trump’s Media auditing firm and owner of the firm were charged Friday, May 3, with “massive fraud” by the Securities and Exchange Commission for work that affected more than 1,500 SEC filings, the federal regulator announced.

The auditor, BF Borgers CPA, and its owner Benjamin Borgers have agreed to be permanently suspended from practising as accountants before the SEC, and also agreed to pay a combined $14 million in civil penalties, without admitting or denying the allegations, the SEC said.

The agency, calling BF Borgers a “sham audit mill,” said the company and its owner engaged in “deliberate and systemic failures to comply with Public Company Accounting Oversight Board … standards in its audits and reviews incorporated in more than 1,500 SEC filings from January 2021 through June 2023,” according to a press release.

BF Borgers during that same time acted as the auditor for Trump Media, which was then privately held and moving toward a planned merger with the publicly traded shell company Digital World Acquisition Corp.

Trump Media and DWAC finalized that merger in late March 2024, leading to Trump Media becoming publicly traded under the DJT ticker.

The SEC said the Lakewood, Colorado-based BF Borgers and its owner were charged with falsely telling clients that the auditor’s work would comply with PCAOB standards, fabricating audit documents to make it seem that the work did comply with those standards, and “falsely stating in audit reports included in more than 500 public company SEC filings that the firm’s audits complied with PCAOB standards,” the release said.

“Ben Borgers and his audit firm, BF Borgers, were responsible for one of the largest wholesale failures by gatekeepers in our financial markets,” SEC Enforcement Division Director Gurbir Grewal said in a statement.

“As a result of their fraudulent conduct, they not only put investors and markets at risk by causing public companies to incorporate non-compliant audits and reviews into more than 1,500 filings with the Commission but also undermined trust and confidence in our markets,” Grewal said.

Linda Ikeji

Alleged Kaduna-Abuja train attack mastermind paraded, police recover 48 AK-47s

The Nigeria police have arrested several criminals terrorising citizens along the Kaduna-Abuja road axis from January 2024 to date, including those who masterminded the attack on Greenfield University and that of Southern Kaduna, where a seminarian and the church were burnt to ashes.

Parading the suspects during his visit to Kaduna Police Command on Thursday, Nigeria Police Force Public Relations Officer, ACP Olumuyiwa Adejobi, said the arrest of the mastermind followed painstaking efforts to bring the perpetrators of the dastardly act to book.

He said, “Under the directive of the Inspector General of Police, a helicopter has been deployed to serve as an escort for trains using the route, providing aerial support for the ground troops from the armed forces, police, and other security agencies deployed along the corridor, as well as a proactive measure to prevent attacks and act as a first responder in the event of any untoward incidents.”

“This proactive measure has proven instrumental in enhancing security along the corridor, ultimately safeguarding the lives and property of commuters and residents of the adjourning communities along the route.”

“During this period, our proactive measures and relentless pursuit of criminal elements have resulted in remarkable outcomes, including the arrest of 81 armed robbery suspects, 40 kidnap suspects, 73 murder/homicide suspects, 36 rape suspects, 22 suspects involved in cult-related crimes, and 28 suspects engaged in other criminal activities,” he said.

He explained that they have “successfully recovered 16 firearms of various types, along with 226 ammunitions of diverse calibers. Additionally, our operations have led to the retrieval of 28 stolen vehicles, over 200 harmful weapons, and 600 bags of fertilizer.

“A total of three million, three hundred and fifty thousand Naira (N3,350,000) only, previously paid as ransom to kidnappers, has been successfully recovered, while our swift and coordinated efforts have resulted in the safe rescue of 158 kidnapped victims, all of whom have been reunited with their families unharmed.”

“These achievements include the arrest of Mande, leader of the kidnapping syndicate. On January 12, 2024, police operatives attached to the anti-kidnapping unit of Kaduna State Criminal Investigation Department (SCID), based on credible information, swooped in and arrested one Ibrahim Abdullahi, aka MANDE, at the Abuja-Kaduna Road flyover by Rido Junction.

The suspect confessed to being the leader of a kidnap syndicate terrorising the Kaduna-Abuja highway, ranked among other criminals like Dogo Gide and Bello Turji. He had participated in various kidnapping incidents, including the kidnapping incident at Green Field University, and he participated in almost all the kidnappings along the Abuja-Kaduna highway.”

He said on February 29, 2024, “vigilant operatives of the Kaduna Command Monitoring Unit conducted a well-coordinated operation at the residence of a suspected kidnapper, one Adamu Abdulwahab, in Ganga Uku Village, Mararaban Jos, which resulted in the apprehension of the suspect and recovery of crucial exhibits, including 1 fabricated cartridge revolver rifle, 1 fabricated pistol, 2 Dane guns, 6 live cartridges, 1 discharged GPRG ammunition, 7 discharged cartridges, 2 SIM cards, 2 TECNO handsets, and 1 bloodstained cutlass.

“It was revealed during investigation that 35-year-old Adamu Abdulwahab, in connivance with other suspects who are currently at large, had kidnapped one Samaila Abdullahi, aged 40, of Keke Kingdom, Mararaban Jos, on February 13, 2024, and forcefully taken him to an unknown destination. Efforts is being intensified to locate and rescue the victim.”

According to him, “On April 7, 2024, police operatives were attached to the Force Intelligence Department Special Tactical Squad (FID-STS). Abuja, in collaboration with Operation Yaki operatives in Kaduna Command, arrested one Abubakar Umar, aged 20 years, of Bagega Village via Anka LGA of Zamfara State, in possession of four hundred and sixty (60) rounds of 7.62mm live ammunition concealed inside a stabiliser box at Zaria City Kaduna, with a mission to deliver it to one Doctor Dan Sadi of Bagega for onward transfer to a notorious bandit known as Ladan, who is expected to receive the ammunition. The suspects are being rounded up and will be prosecuted accordingly.

“On 12th February, 2024, suspected bandit/gun runner Adamu Shuaibu, aged 35, from Dumale Village under Jere L.G.A. of Kaduna State, was arrested following reliable information available to the police on his involvement in criminal activities within the state, including the supply of arms and ammunition to other criminal suspects. One (1) AK-47 rifle with breach no. 1970/TY 1938 and an empty magazine was recovered from his custody.”

“On September 7, 2023, at about 2030 hrs, the Officer in Charge of Fadan Kamanta, Zonkwa, alerted authorities of a distressing situation at St. Raphael Catholic Church, Kamantan, where suspected kidnappers had launched an attack. Due to the urgency of the situation, police operatives, in collaboration with military personnel, swiftly mobilized to the scene.

“Regrettably, the suspects had already set ablaze the priest’s residence before the arrival of the authorities. Despite the valiant efforts of operatives, one seminarian, Stephen Naaman, tragically lost his life in the inferno, and property worth millions of Naira, including a Honda vehicle and a motorcycle, was consumed by the fire.

“However, due to diligence and tireless pursuit of the issue by the police, on March 22, 2024, one Yakubu Saidu, the mastermind and leader of the notorious kidnapping gang, was apprehended, and he confessed to his involvement in the heinous crime.”

Vanguard

You’ve breached your own rules in Justices Enenche, Liman, Akapo and Nwoye’s nominations to Appeal Court—Odinkalu to FJSC

Fiery activist and ex-Chair of the National Human Rights Commission (NHRC), Prof. Chidi Anselm Odinkalu has accused the Federal Judicial Service Commission (FJSC) of breaching its own rules and criteria in the nomination of Court of Appeal justices.

This is coming on the heels of recent nominations to the Court of Appeal and Odinkalu’s numerous articles stressing the need to return credibility to judicial appointments.

Questioning the integrity of this current nominations, the law teacher in a series of tweets on X (formerly Twitter) drew attention a 19 November 2020 minutes of an emergency meeting of the FJSC where the Court of Appeal President, Justice Monica Dongban-Mensem, suggested that judges who have not spent five years on the bench and those with less than five years to retirement should not be considered for elevation to the Court of Appeal.

Odinkalu argued that although the FJSC agreed to these benchmarks, recent nominations to the intermediate court indicates that these standards have been jettisoned.

“On 19 November, 2020, the #Nigeria‘s Federal Judicial Service Commission, #FJSC, met in emergency session in Abuja, the Federal Capital Territory, to consider nominations to the bench of @CourtOfAppealNG requested by the President of the Court, #PCA, Monica Dongban-Mensem. As a criterion for consideration, the PCA proposed & the FJSC agreed that judges who had not done 5 yrs on the bench wld not be eligible for consideration as would judges with less than 5 yrs to retirement.

“As a criterion for consideration, the PCA proposed & the FJSC agreed that judges who had not done 5 yrs on the bench wld not be eligible for consideration as would judges with less than 5 yrs to retirement.

“Last month, the same #FJSC put forward Justice Eleojo Enenche of @fcthighcourt to the @CourtOfAppealNG. But he was only appointed a judge in Nov 2021. That makes him less thn 2 yrs as a judge in total. 9 months of that he spent attached to another judge.

“Justice Enenche worked as a much-liked PA to the CJ of @fcthighcourt. That got him to the bench to begin with in spite of clear rules to the contrary. Now, applicable rules are also going to be dispensed with to get him to the @CourtOfAppealNG.

“Justices Mohammed Liman of @FederalHigh & Lawal Akapo of Lagos High Court, both of whom have also bn nominated for @CourtOfAppealNG wld also fall foul because they do not have more than 5 yrs to retirement.

“Justice Toochukwu Victoria Nwoye of the High Court of Anambra State, also nominated for elevation to @CourtOfAppealNG was only appointed Dec 2019 & is similarly less than 5 yrs on the bench. The question needs to be asked: why is the #FJSC violating its own rules & whose interests is it serving is do it so blatantly?”

Incestuous father rearrested after escaping from Edo prison

Press Release

“Today, May 2, 2024, BraveHeart Initiative for Youth & Women welcome the news of the rearrest of Mr. Jacob Alonge, a fugitive who has been on the run for four years.

“Mr. Alonge escaped from Nigeria Correctional Services Edo State in October 2020, where he was serving a 21-year sentence for the incestuous rape and brutalization of his teenage daughter.

“The re-arrest today is a victory for justice and for the parents of Rhoda Braimoh and Promise Ezekiel, two of the BraveHeart Initiative staff involved in the court prosecution who died in a mysterious accident alongside others.

“For four years, Mr. Alonge received tipoffs and avoided rearrests in the protection of his community in Ososo. Ironically, the arrest today would have been impossible without the tipoff and collaboration of concerned men and women in his community where Alonge has been enjoying protection, according to the briefing from the Nigeria Police.

“The re-arrest confirms the maxim that the hands of the law are never too short to catch up with a criminal. We are encouraged by the determination and courage of the undercover police officers who work tirelessly to effect the final arrest.

“We call on the Nigeria Correctional Services to take adequate steps to prevent another escape by Alonge and to continue to prioritize the rearrest of several other inmates who escaped alongside Alonge during the 2020 jailbreak and who remained free from justice. All inmates and detainees who escaped during the jailbreak in 2020 alongside Alonge must be rearrested to restore public safety across communities in Edo state.

“BHI appreciates and congratulates the Edo State Commissioner of Police, his gallant officers and the local intelligence team who stood on the side of justice by exposing and fostering the rearrest of Alonge.

“We at BHI remain committed to exposing and tackling all forms of gender-based violence in Edo State. We count on the continued support of the Edo State Government, Edo State Police Command, Traditional and Religious leaders, Vigilante Groups, Youth Associations, Women Groups, Community Networks and the media.”

Priscilla Usiobaifo,
Executive Director – BHI.

Gift was reportedly impregnated in 2017 by her father who then forced her to procure crude abortion before impregnating her again in 2018.

On August 1, 2019, Magistrate D.I. Adamaigbo at Ososo, in the Akoko Edo Local Government Area of Edo State, sentenced Jacob to 21 years in jail for having carnal knowledge of, and repeatedly raping and impregnating his daughter.

Adamaigbo in her verdict said: “It has been established beyond a reasonable doubt that the accused had carnal knowledge of the victim as she said in her statement: ‘My father by the name Jacob Alonge used to wake me up at night and said I should follow him for prayers. When we reach (sic) inside the bush, he will force me and have sexual intercourse with me.’

“Then in the second statement which she made at the state police headquarters, she stated and I quote, ‘last year which is 2017, my father by name Joseph Alonge, has been having sex with me; he threatened me not to tell anybody and if I do, he will kill me’

“She stated further in the same statement that and I quote, ‘one night, he called me and put me on top of a stone and used a razor blade to shave my private part and threatened me not to tell anybody’’. This statement was corroborated by the police statement in evidence.

“The convict admitted in his statement and the law is that evidence admitted need no further proof. The defence that he was lured into the crime by his own daughter is an afterthought. We, therefore, find him guilty of each of the counts.”

Alonge the witch doctor and incestuous father was sentenced on three counts of unlawful possession of fetish wrap of the victims’ pubic hair; unlawful and indecent canal knowledge of his biological daughter and repeated sexual assault and impregnating her.

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