After 27 years of prolonged litigation, the Supreme Court of India denied an octogenarian male the right to divorce his wife of 60 years.

The application for dissolution of their marriage was instituted 27 years ago.

Divorce remains taboo across much of India with only one in every 100 marriages ending in dissolution, often owing to family and social pressure to sustain unhappy marriages.

Those seeking divorce must get approval from the courts, which typically only grant it if proof of cruelty, violence or undue financial demands is presented.

Nirmal Singh Panesar, 89, married in 1963 but said in filings with India’s notoriously glacial criminal justice system that his relationship had broken down irretrievably in 1984.

That year his wife Paramjit Kaur Panesar, now 82, had refused to move with him to the southern city of Chennai when the Indian Air Force posted him there.

Nirmal first filed for divorce in 1996 on the grounds of cruelty and desertion, granted by a district court in 2000 but overturned later that year after an appeal by Paramjit.

His case took another two decades to make its way before the Supreme Court, which denied the divorce petition despite agreeing their marriage was “beyond salvation”.

“The institution of marriage is still considered to be a pious, spiritual, and invaluable emotional life-net between the husband and the wife in Indian society,” said the court’s judgement, which was published Thursday.

The judgement said that granting the dissolution would be an “injustice” to Paramjit, who had told the court she did not want to die with the “stigma” of being a divorcee.

She also said she had made all efforts to respect their “sacred relationship” and was still ready to look after her husband in his old age.

The couple have three children together.

Chronic backlogs in India’s criminal justice system mean some cases take decades to reach a resolution.

Around 43.2 million cases were pending before courts across the country, the government said last year.

Vanguard

Controversy has continued to trail the appointment of Olanipekun Olukoyede as the Chairman of the Economic and Financial Crimes Commission (EFCC),.

While many contend that the lawyer and former Chief of Staff to the ex-Acting Chairman of the Commission, Ibrahim Magu is not qualified to be EFCC Chair under the law establishing the anti-corruption agency, others insist that he is fit for the job.

The opposing parties hold that although Olukoyede was a former secretary of the EFCC and ex-Chief of Staff to a former Chair of the Commission, he failed to meet the requirements of section 2(3) of the EFCC Act, to be qualified for the appointment.

One of the three major criteria in the provision of section 2(1) of the EFCC (Establishment) Act, requires the chairman to have “15 years cognate experience”. The law also prescribes that a chairman of the commission “must be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent…”

Premium Times reports that the newly appointed Anti-Graft boss has no experience in any security or law enforcement agency until his first appointment at the EFCC in 2016 when he was appointed to serve as the Chief of Staff to then acting chairperson of the EFCC, Ibrahim Magu. He held the position from 2016 to 2018.

He was subsequently appointed as the secretary of the commission in 2018 and served in that capacity up till 2020 when he was suspended from office by then-President Muhammadu Buhari.

He was suspended alongside Ibrahim Magu and some other officials of the commission. He and Magu were never recalled.

While Mr Magu was replaced by Bawa in February 2021, Olukoyede was replaced by George Ekpungu as the secretary of the commission in June 2021.

However, the presidency’s statement announcing the new EFCC appointments on Thursday stated that Mr Olukoyede served as the secretary of the commission up till 2023.

His appointment is subject to Senate’s confirmation. if confirmed, he is expected to serve for a term of four years, upon confirmation.

The development followed the removal of the last occupant of the office of executive chairman, Abdulrasheed Bawa, some months ago for allegedly abusing his office.

Below are seven other things you might not know about Olanipekun Olukoyede:

1. The 54 year-old was born in Ikere-Ekiti on 14 October 1969.
2. He is from Ekiti State.
3. He is a Pastor of the Redeemed Christian Church of God (RCCG).
4. He will be the first Southerner to head EFCC since its creation.
5. He is a Lawyer with over 22 years of experience as a regulatory compliance consultant and specialist in fraud management and corporate intelligence.
6. He is an alumni of the Lagos State University; University of Lagos; Institute of Arbitration ICC – Paris, France and University of Harvard (Kennedy School of Executive Education).

6. Ex-President Muhammadu Buhari nominated him to serve as Secretary to the EFCC (2018-2023)

A security man attached to the University of Lagos, Isaiah Ofem is presently being detained at the Kirikiri Custodial Centre until December 6, 2023 for allegedly killing his girlfriend, Victoria Adeyemi.

The presiding officer at Yaba Magistrates’ Court, in Lagos State, Magistrate O. Y Adefope ordered that the 34-year-old Ofem be remanded again after he was brought to court a second time on one count charge of murder on Thursday.

The police prosecutor, Haruna Magaji, told the court that the incident occurred on June 17, 2023, at the University of Lagos, Akoka, Lagos State and that Ofem and Adeyemi had a disagreement on the pregnancy, which he directed her to abort.

According to the Prosecutor, when the deceased rejected the directive and attempted to walk away, Ofem, angered by her decision to walk out on him, pushed her and she fell off the staircase.

He further disclosed that the defendant quickly strangled her, threw her body over the fence, and cleaned up the blood stains from the stairs.

The defendant was eventually arrested after the deceased’s phone was tracked and found in his possession.

The charge read in part, “That you, Isaiah Ofem, on June 17, 2023, around 8.30pm, at the University of Lagos, Akoka, Lagos State, in the Lagos Magisterial District, did unlawfully kill one Victoria Adeyemi, aged 27 years, by strangling her to death and thereby committed an offence contrary to Section 222 and punishable under Section 223 of the Criminal Law of Lagos State 2015.

THE PUNCH reports that the plea of the defendant who was first arraigned on August 11 and remanded till October 3 was not taken.

Adefope adjourned the case to December 6, 2023, for the DPP’s advice.

Credits: The Punch

Elder brother of Mazi Afam Osigwe, a former National Secretary of the Nigerian Bar Association (NBA), Oseloka Godwin Osuigwe is among the 58 Legal practitioners that have been elevated to the rank of Senior Advocate of Nigeria (SAN) by the Legal Practitioners Privileges Committee (LPPC).

Though they spell their surnames differently Oseloka Osuigwe who is No. 8 on the list is the immediate elder brother of the ex-NBA Scribe.

Also on the list is Folashade Alli, daughter of legal luminary, Aare Afe Babalola, as well as Funmi Falana, a notable women/children’s rights activist, and the wife of popular human rights lawyer, Femi Falana (SAN).

They will be sworn-in on Monday, 27 November, by the Chief Justice of Nigeria (CJN ) Hon. Justice Olukayode Ariwoolaat the Supreme Court complex.

The committee headed by the CJN confirmed the appointment of the new SANs which comprised 57 legal practitioners and one from the academic.

A statement by the Chief Registrar of the Supreme Court/Secretary of the LPPC, Hajo Sarki-Bello, said that the new SANs were appointed as a result of their excellence in the law profession and in the adherence to the code of ethics of the profession.

The statement says that the LPPC meeting considered four different petitions against some of the applicants and dismissed them for lacking in merit.

Others include rights activist, Kayode Ajulo, Felix Ota Offia, Lawrence Bankole Falade, Kingsley Obamogie, Abiola Isiaq Oyebanji, Bomo Olakunle Agbebi, Daniel Uruakpa, Babatunde Adeoye, Babaseyi Joseph, Emmanuel Moses Enoidem, Kehinde Olufemi Aina, Nghozi Oleh, Aaron Chile Okoroma, Ibrahim Angulu, and Olayiwola Afolabi among others.

“The rank of a Senior Advocate of Nigeria (SAN) is awarded as a mark of excellence to members of the legal profession who have distinguished themselves as advocates and academics,” Bello said.

“The meeting further considered four (4) different petitions written against some of the applicants and determined that each of petition lacked merit and thus dismissed.”

View the full list below:

FELIX OTA OFFIA, ESQ

LAWRENCE BANKOLE FALADE, ESQ

KINGSLEY OSABUOHIEN OBAMOGIE, ESQ

FOLASHADE ABOSEDE ALLI, ESQ

ABIOLA ISIAQ OYEBANJI, ESQ

BOMO OLAKUNLE AGBEBI, ESQ

DANIEL OSINACH URUAKPA , ESQ

OSELOKA GODWIN OSUIGWE, ESQ

BABATUNDE ADEOYE, ESQ

BABASEYI SIGISMUND JOSEPH, ESQ

EMMANUEL MOSES ENOIDEM, ESQ

KEHINDE OLUFEMI AINA, ESQ

NGOZI CHIDO OLEHI, ESQ

AARON CHILEOKWU OKOROMA, ESQ

IBRAHIM DALHATU ANGULU, ESQ

OLAYIWOLA EMMANUEL AFOLABI, ESQ

SULE SHU’AIBU, ESQ

ABIODUN OLANREWAJU OLALERU, ESQ

ALFRED OLUFEMI ATTEH, ESQ

KAZEEM ADEKUNLE SOBALOJU, ESQ

SHEHU WADA ABDULLAHI, ESQ

BAMIDELE OLAWOYE IBIRONKE, ESQ

OLUWASEYILAYO AKINKUNMI OJO, ESQ

FUNMI FALANA, ESQ

FELIX TAMARAUDENKEMEFA OKOROTIE,

SEUN OLUWAGBENGAAJAYI, ESQ

FRIDAY RAMSES AKIJ ONOJA, ESQ

AGADA JOHN ELACHI, ESQ

BOLA RASAQ GOLD, ESQ

PAUL KASIMANWUNA MADUEMENE, ESQ

RAFIU OYEYEMI BALOGUN, ESQ

OLUWOLE ALADEDOYE, ESQ

PAULYN OSOBHASE ABHULIMEN, ESQ

JONATHAN GUNU TAIDI, ESQ

TOCHUKWU JUDE ONYIUKE, ESQ

OLUKAYODE ABRAHAM AJULO, ESQ

CHRISTOPHER ADAPAR UMAR, ESQ

CHIBUEZE OGECHI OGBONNA, ESQ

YEMI ADEWALE M’SBAUDEEN ADESINA, ES

OMOYEMI LATEEF AKANGBE, ESQ

OLUMIDE AKINWALE OLUJINMI, ESQ.

MUSAADAMU ALIYU, ESQ

FIDELIS CHUKWUNONYE MBADUGHA ESQ

ONYEMAECHI CHUKWUDI ADIUKWU, ESQ

IKECHUKWU PHILIP ONUOMA, ESQ

YAKUBU PHILEMON, ESQ

JOHNNY UGWUGWAYE AGIM, ESQ

ALIYU LEMU IBRAHIM, ESQ

ISAIAH BOZIMO, ESQ

PRISCA OZOILOESIKE, ESQ

YAHAYA DAN’ASABE DANGANA, ESQ

ADEOLA OLUWASEUN ADEDIPE, ESQ

ADEDAYO SAMUE LADEDEJI, ESQ

CHIKAOSOLU OJUKWU, ESQ

MUSAAHMED ATTAH, ESQ

AYOTUNDE FOLUSO OGUNLEYE, ESO

OLAYEMI BADEWOLE, ESQ

SHORTLISTED ACADEMIC APPLICANTS IN ORDER OF SENIORITY AT THE BAR

JOHN ALEWO AGBONIKA

Come Monday November 27, 2023., the Chief Justice of Nigeria (CJN) Hon. Justice Olukayode Ariwoola will swear in 57 legal practitioners and one academic as Senor Advocates of Nigeria (SANs).

The swearing-in ceremony for the 58 successful applicants will hold at the ceremonial hall of Supreme Court.

Below is the list of the SANs in waiting.

ADVOCATE APPOINTEES (IN ORDER OF SENIORITY AT THE BAR)

1.​FELIX OTA OFFIA, ESQ
2.​LAWRENCE BANKOLE FALADE, ESQ
3.​KINGSLEY OSABUOHIEN OBAMOGIE, ESQ
4.​FOLASHADE ABOSEDE ALLI, ESQ
5.​ABIOLA ISIAQ OYEBANJI, ESQ
6​BOMO OLAKUNLE AGBEBI, ESQ
7.​DANIEL OSINACH URUAKPA , ESQ
8.​OSELOKA GODWIN OSUIGWE, ESQ
9.​BABATUNDE ADEOYE, ESQ
10.​BABASEYI SIGISMUND JOSEPH, ESQ
11.​EMMANUEL MOSES ENOIDEM, ESQ
12.​KEHINDE OLUFEMI AINA, ESQ
13.​NGOZI CHIDO OLEHI, ESQ
14.​AARON CHILEOKWU OKOROMA, ESQ
15.​IBRAHIM DALHATU ANGULU, ESQ
16.​OLAYIWOLA EMMANUEL AFOLABI, ESQ
17.​SULE SHU’AIBU, ESQ
18.​ABIODUN OLANREWAJU OLALERU, ESQ
19.​ALFRED OLUFEMI ATTEH, ESQ
20.​KAZEEM ADEKUNLE SOBALOJU, ESQ
21.​SHEHU WADA ABDULLAHI, ESQ
22.​BAMIDELE OLAWOYE IBIRONKE, ESQ
23.​OLUWASEYILAYO AKINKUNMI OJO, ESQ
24.​FUNMI FALANA, ESQ
25.​FELIX TAMARAUDENKEMEFA OKOROTIE, ESQ
26.​SEUN OLUWAGBENGA AJAYI, ESQ
27.​FRIDAY RAMSES AKU ONOJA, ESQ
28.​AGADA JOHN ELACHI, ESQ
29.​BOLA RASAQ GOLD, ESQ
30.​PAUL KASIMANWUNA MADUEMENE, ESQ
31.​RAFIU OYEYEMI BALOGUN, ESQ
32.​OLUWOLE ALADEDOYE, ESQ
33.​PAULYN OSOBHASE ABHULIMEN, ESQ
34.​JONATHAN GUNU TAIDI, ESQ
35.​TOCHUKWU JUDE ONYIUKE, ESQ
36.​OLUKAYODE ABRAHAM AJULO, ESQ
37.​CHRISTOPHER ADAPAR UMAR, ESQ
38.​CHIBUEZE OGECHI OGBONNA, ESQ
39.​YEMI ADEWALE M’SBAUDEEN ADESINA, ESQ
40.​OMOYEMI LATEEF AKANGBE, ESQ
41.​OLUMIDE AKINWALE OLUJINMI, ESQ.
42.​MUSA ADAMU ALIYU, ESQ
43.​FIDELIS CHUKWUNONYE MBADUGHA ESQ
44.​ONYEMAECHI CHUKWUDI ADIUKWU, ESQ
45.​IKECHUKWU PHILIP ONUOMA, ESQ
46.​YAKUBU PHILEMON, ESQ
47.​JOHNNY UNGWUGWAYE AGIM, ESQ.
48.​ALIYU LEMU IBRAHIM, ESQ
49.​ISAIAH BOZIMO, ESQ
50.​PRISCA OZOILESIKE, ESQ
51.​YAHAYA DAN’ASABE DANGANA, ESQ
52.​ADEDAYO SAMUEL ADEDEJI, ESQ
53.​ADEDIPE OLUWASEUN ADEOLA, ESQ
54.​CHIKAOSOLU OJUKWU, ESQ
55.​MUSA AHMED ATTAH, ESQ
56.​AYOTUNDE FOLUSO OGUNLEYE, ESQ
57.​OLAYEMI BADEWOLE, ESQ

The lone successful Academic Applicant is :

1. PROF. BABATUNDE ADETUNJI ONI

By P. D. Pius

Chief Timipre Sylva was first elected Governor of Bayelsa State in 2007.

1. He enjoyed the office for few months from 29th May 2007 to 15th April 2008.

Then his election was nullified by the Court of Appeal and he had to vacate the office. There was an Acting Governor pending fresh election.

2. He won the second election that was conducted in 2008. He was sworn into office the second time on 27th May 2008.

In 2011 when INEC said his tenure is over and they will conduct another election, Sylva filed a suit contending that the period of few months he stayed in office upon the 2007 election should not be counted since it was nullified by Court of Appeal and fresh election conducted. That his tenure of office can only be calculated from the 2008 election being the 2nd time he was properly elected.

This case came before the Supreme Court. There were other similar cases from Kogi, Sokoto, and Adamawa. The Supreme Court consolidated or joined the cases together to give one judgment. The judgment is the case of Marwa & Ors vs Nyako (2012) LPELR -7837.

In judgment, the Supreme Court rejected the argument of Sylva that the period of few months he stayed in office based on 2007 election should not be considered. The supreme court decided that even though the 2007 election was nullified the period stayed in office will be counted so long as it is the same person that won the rerun election in 2008. Hence, no one person is permitted to occupy the office of the Governor for a cumulative period of more than 8 years.

Now, the Federal High Court found that when you calculate Sylva’s first tenure of 2007 and the second tenure of 2008, he has spent a cumulative period of 4 years, 6 months and 2 weeks. The Federal High Court then reasoned that since Sylva has specifically lost the argument that his initial few months should not be counted and since no one can be Governor for more than 8 years by the Supreme Court interpretation of section 180 and 182 of CFRN, then Sylva is not qualified to contest again for another 4 years which could mean allowing him to stay in office beyond the maximum 8 years period.

Although this suit was filed by an APC member who is not an aspirant, the Federal High Court found that he has locus standi because it is a serious constitutional issue and a matter of public interest which anyone could have interest. That the case is not caught up by section 285(14) of Constitution or 29 of Electoral Act. This aspect of the decision gives vent to the need to open the door of Courts towards public interest litigation.

You cannot however, wish away the equally strong argument of Sylva in this case, that although he lost the case of Marwa vs Nyako, what the Supreme Court decided in effect is that he has completed one tenure only and is thus entitled to another tenure irrespective of the number of years and month he may have stayed cumulatively in office based on the 2007 and 2008 elections.

This argument is equally convincing but for the fact that, it cannot explain whether this case presents an exception to the maximum 8 years period for any person to be Governor.

I am sure that parties in this case may be going all the way to Supreme Court for a final determination of this case.

Interesting times ahead.

P. D. Pius, Esq., ACIArb. (UK)
Abuja, Nigeria
[email protected]