Hon. Justice Abiola Soladoye of the Ikeja Sexual Offences and Domestic Violence Court, on Wednesday, convicted and sentenced a bricklayer, Gabriel Awaye, to life imprisonment for defiling a 13-year-old girl in his room.

The judge held that the prosecution was able to prove the ingredients of the two counts of defilement and sexual assault against the convict.

Justice Soladoye held that Awaye, by his audacious sexual recklessness, was not fit to be in the community of civilised people and should be locked away for life.

While delivering her judgment on Wednesday, she stated that the survivor was lucid and unambiguous while giving her evidence before the court.

The judge further stated that the survivor’s evidence also corroborated with other prosecution witnesses.

“The Prosecution Witness One (survivor) testified before this court that she was at her grandmother’s place when her friend, Rofiat, told her that her sister sent for her.

“The witness said when she got to the place, she did not meet her sister but saw the convict who pushed her onto the mat and sodomised her.

“The evidence of the convict is laced with lies as he tried to detach himself from the offence by saying the mother of the survivor tried to have a sexual relationship with him.

“To the mind of this court, the prosecution witnesses were truthful in their testimonies and their pieces of evidence were corroborated,” she said.

Justice Soladoye stated that upon careful consideration of the evidence adduced before the court, it found Awaye guilty of the two counts of defilement and sexual assault.

“The survivor identified Awaye as the man who defiled her when she was 13 years old.

“Awaye is hereby found guilty and is sentenced to life imprisonment on each of the two-count charges and he should have his name registered in the Lagos State Sexual Offences Register,” the judge held.

During the trial, the prosecution called three witnesses, while the convict testified as the sole witness in his case.

The state’s prosecuting counsel, Ms Abimbola Abolade, said the convict committed the offences on June 2, 2021.

She said the incident took place at Agbawaye Street, Command, Agbado Oke-Odo, area of Lagos State.

When the convict was arraigned, he pleaded not guilty to the two counts preferred against him by the state.

According to the prosecutor, the offences committed contravened Sections 127 and 261 of the Criminal Laws of Lagos State 2015.

PUNCH

A group, Peace and Good Governance Advocates (PEGGA) has asked the president of the Court of Appeal, Justice Monica Dongban-Mensem, to refute the insinuations raised by a member of the House of Representatives, Hon Yusuf Gagdi, that the All Progressives Congress (APC) has a strong connection in the judiciary to get judgement on its terms.

Gagdi, the lawmaker representing Pankshin/Kanke/Kanam federal constituency had in a viral video alleged to have been quoted at an event in Jos that the Peoples Democratic Party (PDP) could go to the Appeal Court or Supreme Court and that the two parties will show their connections.

“We have gone to the Appeal Court and the final destination is the Supreme Court and we will meet there. That is where we will know who they know and they will know who we know,” Gagdi said to a resounding applause from his APC audience.

PEGGA in a statement issued by its national coordinator, Mani Imman, in Jos alleged that the bold assertion of Gagdi that has now gone viral gave the impression that the judiciary has been pocketed by the APC in Plateau State.

He tasked the president of the Court of Appeal to prove herself and the appellate court as being beyond the schemes of the APC on the Plateau.

“Your Lordship, Gagdi has given the impression that he and the APC can buy judgement through connections with those they know. They are openly flaunting that in the Plateau that they are having their way.

Culled from Leadership Newspaper

The National Industrial Court of Nigeria (NICN) has announced new posting and transfers for its judges.

The announcement was contained in a 15th November, 2023 public notice signed by President of the Court, Hon Justice B. B. Bakwaph.

Download the notice here.

The Data Manager, Federal Ministry Women of Affairs, Sunday Agbakaba, stated that Nigeria recorded 27,698 cases of Sexual and Gender-Based Violence between 2020 and 2023.

Mr. Agbakaba said this during the train-the-trainers workshop on the use of the GBV dashboard and reportage on Tuesday in Umuahia, Abia State capital.

He said the data was obtained since the inception of the GBV National Dashboard between 2020 and October 2023.

Breaking down the figures, Agbakaba said the ministry recorded 1,145 fatal GBV cases while 393 perpetrators were convicted within the period under review.

Agbakaba said the dashboard also showed 9,636 open cases; 3,432 new cases; 1,741 closed cases and 1,895 follow-up cases.

“The dashboard is an innovative central reporting and data visualisation platform for real-time tracking of different types and locations of GBV in the country,” he said.

According to him, the dashboard is designed to enhance SGBV reportage in the 36 states and the Federal Capital Territory.

He said that Abia with 92 reported incidences and four fatal cases was at the bottom of the GBV national dashboard.

The Minister of Women Affairs, Barr. Mrs. Uju Kennedy Ohanenye said the training was designed to encourage Abia to key into the reportage of the national dashboard, following the increase in the rate of GBV.

Represented by Tony Iwere, Director, Planning, Research and Statistics in the ministry, Ohanenye said that there was a need to report the crime so that the perpetrators would be punished.

“We realised that most times, religious leaders or the traditional rulers suppress most of these cases in churches or palaces.

“Rape is a criminal case, no person has the right or mandate to stop such except the court and that is why we are escalating it to the front burner,” the minister said.

Earlier, the Abia Commissioner for Women Affairs and Poverty Alleviation, Mrs Ngozi Felix said that there was lots of gender-based violence happening daily in the state.

She commended the state governor, Alex Otti and his wife for their support towards protecting and empowering women and girls in the state.

The commissioner said that no meaningful result would be achieved in the fight against GBV without political will.

Felix also commended the FWMA for its commitment to the stakeholders’ training on GBV reportage.

“The culture of silence that abates this crime in our society is what we have gathered here today to break.

“We are going to formulate a structure that will help us to work together after this training so that we can have consistent stakeholder engagement,” she said.

The News Agency of Nigeria reports that the exercise is being organised in collaboration between the FMWA, Office of the Wife of Abia Governor, and the state Ministry of Women Affairs and Poverty Alleviation.

It attracted representatives of Civil Society Organisations, Community-Based Organisations and law enforcement agents, among others.

NAN

The National Security Adviser, Nuhu Ribadu, knocked the immediate past administration of Muhammadu Buhari, saying it left Nigeria bankrupt before relinquishing power.

Mr Ribadu stated this in Abuja at the Chief of Defence Intelligence Annual Conference 2023, with the theme: “Leveraging Defence Diplomacy, and Effective Regional Collaboration for Enhanced National Security.”

The former chairman of the Economic and Financial Crimes Commission, however, assured that the financial mess wouldn’t affect budgetary allocations, as everything would be done to enhance robust and viable defence management and apparatus in the country.

He said, “I assure you that the Federal Government will not rest on its laurels in ensuring a robust and viable defence management and security apparatus to address contemporary challenges even in the face of enormous budgetary constraints.

“Yes, we’re facing budgetary constraints. It is okay for me to tell you. Fine, it is important for you to know that we inherited a difficult situation, literally a bankrupt country, no money, to a point where we can say that all the money we’re getting now, we’re paying back what was taken. It is serious!

“But this administration is doing its best to meet our requirements, particularly the armed forces, and I believe that you leaders will be able to testify to that,” he assured.

In attendance at the conference were the Minister of Defence, Abubakar Badaru; Minister of State, Bello Matawalle; Permanent Secretary in the defence ministry, Ibrahim Kana; the Chief of Defence Staff, and other service chiefs.

The NSA’s comment about the current administration inheriting a country in financial distress comes after President Bola Tinubu lavished over $500,000 on a five-day stay in a luxury hotel in New York in September.

The president is also presently pushing to spend N13.5 billion ($16.2 million) to renovate his official residences in Abuja and in Lagos, where he already has a mansion and would rarely use it as President.

Hon. Justice Nelson Ogbuanya of the National Industrial Court, Port-Harcourt Division, has held that the Corporate Affairs Commission (CAC) is not empowered by extant laws to register organisations with the aims and objectives of a trade union.

He delivered judgment in a suit marked NICN/PHC/48/2022 filed by the Maritime Workers Union of Nigeria against a rival association, the Incorporated Trustees of Freight Forwarders Transport Association along with their trustees and the CAC.

Justice Ogbuanya clarified that the registration of incorporated trustees falls in the category of organisations reserved for CAC under the Companies & Allied Matters Act.

Registration of trade unions, he noted, is reserved for the Trade Union Registrar under the Trade Unions Act.

The court held that neither the CAC nor the Trade Union Registrar can register an organisation that does not fall appropriately under its statutory mandate.

The judge, therefore, held that the CAC does not have the legal power to accept and register an organisation as an incorporated trustee, which by its disclosed aims and objective, is a disguised trade union designed to carry out related activities, particularly conflicting with an existing trade union, as in the instant suit. 

The Maritime Workers Union of Nigeria claimed that some of its members broke off to register another association with the CAC, which issued it a Certificate of Incorporation.

The claimant said the association, whose aims and objectives conflict with the trade union activities of the Maritime Union, was used to carry out trade union activities such as demanding check-off dues and tickets at Onne Port and on the highways, among others.

The union had earlier petitioned the CAC over the unlawful use of the new association to carry out trade union activities, but the CAC declined to intervene and advised them to go to court.

The claimant filed the suit to challenge the activities of the Freight Forwarders Association, not being a registered trade union.

But the defendants insisted that the association having been lawfully registered by the CAC, can carry out its aims and objectives despite the claimant’s complaints.

It asked the court to dismiss the suit, arguing that the court lacked the jurisdiction to entertain it.

Justice Ogbuanya dismissed the objection on jurisdiction as grossly misconceived by counsel for the defendants.

He distinguished the extant laws regulating the registration of trade unions and those of incorporated trustees, particularly the provisions of Sections 823(1)and 825(1)(b) CAMA 2020 dealing with membership, objectives and registration of incorporated trustees, and Section 45 of the Trade Union Act.

The section stipulates: “CAMA shall not apply to any trade union, and registration of any such body under that Act shall be void”.

The court noted that the membership of the defendant, which includes “truck drivers, truck owners or transport agents within Nigeria” and operating at the Nigerian ports, and its principal objectives, which in Article 3(b) of its Constitution is “to ensure at all times the preservation of rights, claims, benefits and obligations of all members of the association” portray it as a trade union.

The court held the view that the association with such membership and aims & objectives ought not to have been accepted for registration by the CAC. 

Justice Ogbuanya held: “I find that what has happened is that the CAC has aided the first defendant’s registration.

“Armed with the Certificate of Incorporation of the first defendant, the second to ninth defendants and their members started operating as a trade union within the domains of the claimant union, which resulted in the clash with the members of the claimant union leading to the fracas at the Onne port, which was only quelled by police intervention, to restore peace and harmony.

“This is an avoidable conflict if only the legal regime of operations of trade union was noted and complied with by the defendants.

“Had the 10th defendant (CAC) adverted to this legal regime, it would have queried the said aims and objectives contained in the Constitution of the first defendant association when presented for registration, as such does not properly fall within the expected organisation to be registered under CAMA by the CAC.

“Thus, it is my considered view that the first defendant association does not ordinarily qualify for registration as an Incorporated Trustee, in view of the combined provisions of Ss.823 (1) and S.825 (1) (b) CAMA 2020 on criteria for membership and scope of operation of Incorporated Trustees, coupled with its evidenced modus operandi indicating its activities conflicting with the operational area of the Claimant, a registered trade union. I so hold.”

The court granted declaratory and injunctive reliefs for the claimant.

Justice Ogbuanya added: “Accordingly, the claimant’s Reliefs (1) and (2) are hereby granted to the extent that it is hereby declared that the first – ninth defendants, not being a registered trade union under the Trade Unions Act LFN, cannot in law collect check-off dues or any dues whatsoever from the truck drivers or members of the claimant engaged by clearing and forwarding agencies to convey containerised goods and general cargoes from the ports including Onne Port, Rivers State to designated places within the Federation of Nigeria, or in any manner whatsoever perform the functions of a registered trade union.

“It is hereby further declared that given the legal regime for registration and operation of organisation registerable under CAMA and the Trade Union Act, as stipulated under Sections 823 (1) and 825 (1) (b) CAMA and Section 45 of the Trade Union Act, the Certificate of Incorporation dated 17th January 2019 issued by the CAC for registration of the first defendant as an Incorporated Trustee does not in any manner whatsoever entitle the first defendant and its members to perform the duties and activities of the claimant trade union or any other trade union whatsoever. I so hold and declare.”

The court awarded N10 million as general damages against the defendant for its members’ unlawful invasion of the claimant’s office, and N1 million cost in favour of the claimant.

The Nation

Following the directives of the Nigeria Labour Congress to withdraw their services around 11:20 am on Monday, 13 November 2023,  electricity workers in Nigeria under the aegis of the National Union of Electricity Employees (NUEE), have shut down the country’s grid, leading to a nationwide blackout.

Confirming the situation today (14 November), spokesperson for the Transmission Company of Nigeria, Ndidi Mbah said:

“Electricity workers are NLC members; they’ve followed the directive by organized labour to withdraw their services from Tuesday.”

Already, the Federal Capital Territory and its environs alongside some parts of Lagos are experiencing blackout.