The Inspector-General of Police has dragged the Deputy Chief of Staff to Governor Gboyega Oyetola of Osun State, Abdullahi Binuyo, to a High Court of the Federal Capital Territory, Abuja, over alleged fraud involving $120,000.

Binuyo was charged for conspiracy, fraud, cheating and forgery in a suit numbered CR/975/2020 filed on September 9, 2020.

Rimamsomte Ezekiel, a lawyer in the Legal Prosecution Section of the Force Criminal Investigation Department at the Force Headquarters alleged that Binuyo in January 2017, in Abuja, defrauded one Tunde Ajala and his company, BMA Nigeria Limited.

Rimamsomte alleged that Binuyo forged and signed as Mr Hakeem Thanni, for Ahad International FZC company in an investment agreement with BMA Nigeria Limited and Mr Tunde Ajala.

He further alleged that “with intention to defraud and under false pretence obtained $120,000 for Tunde Ajala and his company BMA Nigeria Limited.”

The Oyetola aide was also alleged to have “cheated Babatunde Ajala and his company BMA Nig. Ltd of $120,000.00”.

The offences were said to be punishable under various provisions of the Advance Fee Fraud and other related offences and the Penal Code Law.

A Federal High Court in Abuja has restrained the Inspector-General of Police (IGP) and Delta State Police Commissioner (COP) from arresting or detaining ex-Minister of State for Education, Olorogun Kenneth Gbagi.

Justice Taiwo Taiwo gave the order in suit FHC/ABJ/CS/1267/2020, following Gbagi’s ex parte application for the enforcement of his fundamental rights.

Gbagi’s application followed the controversy generated by the September 18 stripping of four employees of his hotel in Asaba over alleged missing money.

The court also granted Gbagi leave to serve the originating processes and all other subsequent processes in the suit on the COP by substituted means.

The judge ruled the IGP and the COP, who are first and second respondents, “are at liberty if they wish to file their response jointly and/or severally within 14 days.”

He adjourned till October 16 for hearing.

Besides the court’s order, Gbagi’s September 28 application had also sought an order directing parties to maintain status quo, pending the hearing and determination of the application for the enforcement of the fundamental rights of the Applicant.

The alleged stripping incident happened on September 18 and Gbagi, a chieftain of the Peoples Democratic Party (PDP) has since denied any wrongdoing.

Elisha Abbo has downplayed the verdict of a federal court that asked him to settle up to N50 million in fines for assaulting a woman last year.

Mr. Abbo told Newsmen Monday afternoon that Nigerians mounted pressure on the judge to convict him for an offence he committed on videotape, saying the judge wouldn’t have found him culpable otherwise.

“The judgment is an injustice and abuse of the rule of law,” Mr. Abbo told Peoples Gazette shortly after the judgement was handed down Monday afternoon. “It is a jungle justice similar to that of social media.”

“I feel for the judge who was under pressure from the public and gave the judgment based on sentiments and not the facts and truth,” Mr. Abbo said. “It will not stand.“

A CCTV footage captured Mr. Abbo as he humiliated and unloaded a series of slaps on a female attendant at an adult toy shop in Abuja.

The May 2019 incident was later exposed by Premium Times a few weeks later, triggering public backlash and a Senate investigation. Mr. Abbo apologised, but was nonetheless arrested by the police and charged for criminal assault.

A magistrate in Abuja found him not guilty of criminal assault last month. A Senate panel that investigated the matter had since returned its findings, but the Senate leadership has declined to make the report public, despite repeated requests from rights groups and everyday Nigerians.

On Monday morning, the Maitama Division of the High Court of the Federal Capital Territory, awarded up to N50 million in liability against Elisha Abbo.

The verdict stemmed from a civil lawsuit filed by the victim Osimibibra Warmate.

Justice Samira Bature, in suit number FHC CV/2393/19, lampooned Mr. Abbo for his conduct.

Mr. Abbo’s lawyers have said they would appeal the judgement immediately.

Nigerians have been celebrating since the news of the verdict broke on Monday. They see it as crucial to boosting the moral of victims of abuse in the country’s judicial system.

A 15-year-old girl has fled from her home town in Plateau State to Ekiti State to escape a marriage allegedly organised by her father.

The Publicity Secretary of the Federation of Women Lawyers in Ekiti State, Lola Aluko, said the minor fled on Thursday, September 17, 2020, to stay with her brother, identified as Adamu, to avoid the marriage.

Aluko, in a statement titled, ‘Teenager flees home in an attempt to escape child marriage’ and made available to journalists in Ado Ekiti on Monday, said the victim later reported at the group’s office on September 22.

She said, “Calls were put through to her brother, requesting him to be present at a scheduled meeting on September 23, 2020. The girl was then taken to a secret home (a FIDA shelter) to spend the night.

“On the day of the scheduled meeting, the minor was brought from the home to FIDA’s office. Her brother, Adamu, came and from the information he gave, their father had effected the arrest of a man in Plateau State, claiming that the man sponsored her trip to Ekiti.

“Even though the man was released the following day, the girl’s father threatened to re-arrest the said man if she did not return to Plateau State on Monday, September 28, 2020.

“FIDA swung into action, called the National Human Rights Commission, Ekiti State branch, which then linked us with the Plateau branch. We called the Plateau branch, gave them a summary of the case, and we were assured that they would take up the case and ensure that the man is safe.

“Her brother was made to sign an undertaking that the minor will report at our office every Wednesday by noon for counselling,” Alao stated.

The High Court of Edo State has held that the failure of the Nigeria Correction Service to release the name, sex, country of origin, date of birth, offence, date of arrest, date of prison detention and case status of foreign detainees in their custody is illegal, unlawful, oppressive and vexatious.

In the case of Freedom of Information (FOI) Counsel v. Comptroller General of Nigeria Correction Service in (Suit No: B/63/os/2019), the applicant filed a leading civic group involved in FOI litigation support, advocacy, research and training commenced the action in 2019 after a letter was sent to the organization for records of foreign detainees in the custody of the organization but the organization refused to respond to the request. The applicant through its counsel President Aigbokan, Esq sought an order of court for the Service to release the aforementioned records or information. Mr. A.G Salihu, Esq of the Nigeria Correction Service argued that the information sought for is a breach privacy right of a third party, national security and foreign affairs. He argued further that the information sought for is foreclosed on these grounds.

The court on its part refused to consider the exemptions relied on by the Service on the ground that the exemption ought to be raised first in a written notice made to the applicant. Hon. Justice Emmanuel Ahamioje held that “Freedom of Information Act 2011 provides that Respondent must respond to the request for information made to it stating the reasons for refusal or denial within a specified period. And that where the respondent fails to supply the required inform the applicant of the refusal in a written notice, it cannot so do before the court of law for the first time”.

The court added that for government to show that its denial falls within the statutory exemption, it must first inform the applicant in writing and failure to disclose the reason for denial in form of a letter is an outright abandonment of statutory exemption even where pleaded. Failure of which the court proceed to declare that the refusal to disclose the information is null and void. The court relied on the dictum of Justice A. M. Liman in PRESIDENT AIGBOKHAN & 28 ORS v. NIGER DELTA DEVELOPMENT COMMISSION & 3 ORS (SUIT NO: FHC/B/CS/21/2015)

During a briefing after the case, President Aigbokhan, Esq thanked the court for maintaining a pure stream of FOI jurisprudence and dedicated the victory to International Day for Universal Access to Information which is marked 28th day of September every year.

He stated that this initiative of gathering the records of foreign detainees in Nigeria is to compliment prison decongestion policy of federal government.

He emphasized that “the theme of this year Access to Information Day is “Saving Lives, Building Trust, Binging Hope” and that the case of today under review satisfies the theme of the year. He added that when government policies are theoretically applied and implemented by state and non-state actors, it no doubt build trust, saves lives and justify hope. He emphasized that the case focusses on the right to information in times of global crisis of migration, prison congestion and covid19 pandemic.

President Aigbokhan, Esq added that the intervention will go a long way in decongesting Correction Centers. The advantage of having court enforce this constitutional and statutory right of public access to information can be measured with the deliverables of life saved, trust earned and sustainable policies formulated and implemented. He called for support for FOIA litigation at times like this.

He concluded by saying that time has proven that for now, there is no right to information save through the court room. It is not the ideal of the law but for now we have to live with it as a major tool in implementing the law. The court awarded the applicant the sum of Fifty Thousand Naira Only as cost of the action.

U.S. President Donald Trump and former Vice President Joe Biden on Tuesday night clashed in the first presidential debate described by commentators as chaotic and messy.

The 90-minute encounter was characterised by frequent interruptions, mostly from Trump, and insults, with Biden calling the president a clown.

Fox News anchor and moderator of the night, Chris Wallace, had a hard time controlling both candidates, who talked over each other.

Trump of the Republican Party and Biden of the opposition Democratic Party squared off on the coronavirus pandemic, taxes, crime, the economy, climate change, election integrity, among others.

Here are some key moments of the encounter hosted by the Case Western Reserve University in Cleveland, Ohio.

“Will you shut up, man? This is so unpresidential”, Biden responded as Trump interrupted him while answering a question on the president’s Supreme Court nominee, Judge Amy Barrett.

During the COVID-19 segment, Trump told Biden to stop using the word “smart” because there was nothing smart about him.

“Did you use the word smart? So, you said you went to Delaware State (University) but you forgot the name of your college.

“You didn’t go to Delaware State (University). You graduated either the lowest or almost the lowest in your class.

“Don’t ever use the word smart with me because you know what, there is nothing smart about you”, Trump said.

As the debate got heated with Trump interrupting Biden, the moderator urged the president to allow his rival finish and then get the final word on the economy segment

“Biden responded: “No, it is hard to get any word in with this clown”.

One of the most remarkable moments was when the moderator asked the president if he was willing to condemn white supremacists and armed groups fueling violence in the country.

Trump said he was willing to do that, but quickly noted that the violence he had seen was from the left wing.

Challenged to condemn them, he insisted that the opposition was responsible for the violence protests across the country and not white supremacists.

Trump renewed his attacks on mail-in ballot, describing it as a disaster and adding that it would be a fraud on a scale never seen before.

Asked if he would refrain from declaring victory until the election results were officially announced, Trump said he would only “go along with that” if the exercise was credible.

Biden dismissed the president’s threat, saying there was nothing he could do once the results were announced and he lost.

Daily Law Tips (Tip 665) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
Man is naturally selfish and orderless save for legal institutions designed to keep the uncivilised features of man far away from the societies. From Europe to Africa, whenever there is anarchy for few minutes, shops are looted by men and women of all races and violence is dished out by all to all. So, most people are civil, calm and perpetually pretentious because of law and institution of government. Hence, the safety of a nation, business friendliness of a state and reliability of a country depend greatly on legislative innovations and strong institutions. Across Nigeria’s 36 states, there is only one state (Lagos State) that is always ahead of other states, legislatively. Some people argue that Lagos State is equally ahead of Nigeria. Well, this work will examine the legislative speed and innovation of Lagos State government.

Lagos State, Other States, Nigeria and Legislative Pragmatism:
It is no news that Lagos State, although not big in landscape, is the smartest state in Nigeria looking at internally generated revenue, Gross Domestic Product (GDP) and survival opportunities (https://en.wikipedia.org/wiki/List_of_Nigerian_states_by_GDP). Most professionals, artists, artisans and industries, draw inspiration from Lagos State. Lagos State (www.lagosstate.gov.ng) is Nigeria’s most legally regulated and empowered state with very pragmatic and innovative laws. In no particular order, the legislative prowess of Lagos State will be shown below. While Lagos State is ahead of other states, I will leave you to be the judge of comparison between Lagos State and Nigeria.

1. During the COVID-19 lockdown and afterwards, Lagos State remains the first state to have a robust legal playbook for management of COVID-19 (that is, “the Lagos State Infectious Diseases [Emergency Prevention] Regulations 2020”). The Lagos State Governor made the Regulations on 27 March 2020 and days after that, the President of Nigeria made “the COVID-19 Regulations of 2020” on 30 March 2020. Till date, many states even with their higher death rates than that of Lagos State when Lagos State made the Regulations, are yet to make any Regulation.
2. Till date, the federal regulation on COVID-19 (COVID-19 Regulations) does not make provision for the management, transportation, storage and disposal of remains of COVID-19 patients. As a matter of fact, this regulation is very scanty and seems to be a reproduction of the first national address of the President of Nigeria on COVID-19. A lot of issues are left unaddressed, thereby creating room for speculations and mere policy guidelines from the COVID-19 prevention stakeholders including the Nigeria Center for Disease Control (NCDC). By the way, policy guidelines, unlike Regulations have no force of law and are not binding on any person.
3. Nigeria as a country enacted an Administration of Criminal Justice Act in 2015 (popularly known as ACJA 2015) designed to accelerate access to justice. However, eight (8) years earlier, specifically in 2007, Lagos State enacted its mind-blowing Administration of Criminal Justice Law (ACJL), when the entire country was still asleep. By the way, Lagos State amended its ACJL in 2011 (ie., for years later), while many states are yet to have an ACJL and the federal government is yet to commence plan to amend the obvious gaps in ACJA since 2015. Presently, Lagos State has a committee set up on 8 January 2020, working on another amendment to the ACJL to keep the law update with the unique realties of Lagos State.
4. Arbitration is a popular alternative to litigation, litigating (going to court to settle disputes) can be frustrating in Nigeria with no standard timeline for justice. So, Nigerians are now focusing on arbitration (settlement of disputes outside court with the agreement of parties to be bound by the decisions of a third party). The national law for arbitration was made since 1988, following international entanglements of Nigeria. Obviously, the 1988 federal law is in need of amendment and they have been many unsuccessful efforts towards it. Well, in 2009 Lagos State enacted a state Arbitration Law with very innovative tools (like consolidation of arbitral proceedings, joinder of parties, default number of arbitrators is one [1] and there is statutory immunity for arbitrators unless they acted in bad faith). Lagos State is said to be the first.
5. While many states in Nigeria (especially states in Northern Nigeria) are still reluctant to adopt the Child’s Rights Act of 2003, the Lagos State adopted it and in 2012 it became the first state to make a Family Law Rules designed to make adoption, custody, and welfare of children in Lagos State easier.
6. In 2007, Lagos State became the only state to have a legislation (the Protection Against Domestic Violence Law) designed to deter domestic violence and protect victims of domestic violence. It was eight years later in 2015 that the federal government enacted the Violence Against Persons (Prohibition) Act to discourage violence and protect victims. Lagos State is the first state to have a Domestic Sexual and Violence Response Team (DSVRT) https://www.dsvrtlagos.org and the first to house a Sexual Assault Referral Centre (SARC) in Nigeria (http://mirabelcentre.org/about-us/).
7. After Borno State, Lagos State is the second state to have a remote/virtual/online court hearing and determination of cases in May 2020. However, Lagos State is the first state during COVID-19 to have issued a Practise Direction (Lagos State Judiciary’s Remote Hearing of Cases [COVID-19 Pandemic Period] Practise Direction with effect from 4th May 2020. Lagos State is always ahead, legislatively.

Recommendation and Conclusion:
Lagos State has a thinking and working government. Law making, Law enforcement and Law Interpretation is serious business in Lagos State. Arguably, Lagos State laws are pathfinders to national laws. Hence, Lagos State is more regulated than other states in Nigeria. A state will never be better than its laws and institutions. Safe society with fast reliable factors of business (ease of doing business) will attract all categories of investors, businesses and working population. Imagine the rating of Nigeria on the ease of doing business, if all states in Nigeria where like Lagos State.

However, Lagos State is not a legislative heaven. There is still some work to be done. Although Lagos State in 2007 made the Protection Against Domestic Violence Law (designed to offer protection orders to victims of domestic violence), Lagos State is yet to adopt the Violence Against Persons (Prohibition) Act made by the Federal Government in 2015. Many states across Nigeria have adopt the Violence Against Persons (Prohibition) Act, (popularly known as VAPP ACT) because of its innovative features (stricter punishment for rapists, men can be victims of rape, they can be rape between a couple and the definition of rape has expanded). One looks forward to a Lagos State with VAPP law.

My authorities are:

1. Sections 1, 3, 4, 24, 25, 27 and 28 of the Nigeria Center for Disease Control and Prevention (Establishment) Act 2018.
2. Sections 12, 17, 18 and 39 of the Interpretation Act 1964.
3. Provisions of the COVID-19 Regulations 2020.
4. Regulations 1, 2, 3, 4, 5, 7 and 8 of the Lagos State Infectious Diseases (Emergency Prevention) Regulations 2020.
5. The Supreme Court judgment on “Meaning of Regulation” in the case of AG. LAGOS STATE v. EKO HOTELS LTD & ANOR (2006) LPELR-3161(SC)
6. The Court of Appeal judgment on “Meaning of Executive Order/Regulation” in the case of ELEPHANT GROUP PLC v. NATIONAL SECURITY ADVISER & ANOR (2018) LPELR-45528(CA)
7. The Supreme Court judgment on “Policy Documents/Guidance” in the case of COMPTROLLER GENERAL OF CUSTOMS & ORS v. COMPTROLLER ABDULLAHI B. GUSAU (2017) LPELR-42081(SC).
8. The Supreme Court judgment on “Policy Documents/Guidance” in the case of UNION BANK OF NIGERIA PLC & ANOR. v. IFEOLUWA NIG. ENTERPRISES LTD (2007) 7 NWLR (Pt.1032) 71 at 84.
9. “Management and Disposal of COVID-19 Corpses In Nigeria”, Onyekachi Umah (Daily Law Tip [Tip 556], 22 April 2020) accessed 30 September 2020.
10. “LASG Engages Stakeholders on ACJL Amendment”, Jane Echewedo (Vanguard Newspaper, 20 June 2019) accessed 30 September 2020.
11. “Lagos Set To Amend ACJL Over Advisory Committee Recommendations”, Stephen Ubimago (Independent Newspaper, 26 March 2020) accessed 30 September 2020.
12. “Implementation of the Administration of Justice Law in Lagos” Bristish Council (British Council, 13 May 2016) accessed 30 September 2020.
13. “Arbitration in Nigeria”, Funke Adekoya and Ibifubara Berenibara (Lexology) accessed 30 September 2020.
14. “Punishment For Price Increment During COVID-19 Lockdown In Lagos State.” Onyekachi Umah (Daily Law Tips [546]) accessed 30 September 2020.
15. “Can An Offender Be Convicted Under The Lagos State Infectious Diseases Regulations Or Other States’ Regulations”, Onyekachi Umah (Daily Law Tips [Tip 544]) accessed 30 September 2020.
16. “Illegality Of COVID-19 Regulations of 2020 And The Toothless Quarantine Act Of 1926”, Onyekachi Umah (Daily Law Tips [Tip 538]) accessed 30 September 2020.
17. “Top 10 Richest States In Nigeria”, Chizoba Ikenwa (Nigerian Infopedia, 18 September 2019) accessed 30 September 2020.

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Nigeria’s music legend, Onyeka Onwenu, has said that she would not be afraid to go back to the South East, if the planned Republic of Biafra, being canvassed by some people in the region, is realised.

The popular artiste stated this at the pre-book launch media briefing held on Tuesday, in Lagos.

Onyeka, popularly known as Elegant Stallion due to her exploits in the nation’s music scene, spanning decades, stated that though she’s married to a Yoruba man, from the South West, and her children, from the region, that would never stop her love and fondness for her place of origin.

She, however, charged Nigerians to play less on tribalism, but focus on the positives inherent in the different ethnic groups, making the country.

The music icon also called on the people of the South East, especially those in the diaspora, on the need to develop the region; which she said had continued to suffer marginalization and neglect from the government at the centre.

“If we do have to split, I want to go back home. Even if we don’t split, I want to do so much in the South East. We are neglected in the South East. And I’m telling every Igbo people, whatever you are doing outside Nigeria, go home, and do something at home.

“It doesn’t take away whatever you are doing in Lagos, Abuja or Port Harcourt. You are free to live and do business wherever you are but remember back home. We are being marginalized for a long time. And our people have always done things for themselves.

“We built the Imo Airport. I was part of the process. It remains the only airport in the country that was built by the citizens and handed over to the Federal Government.

“My father went to school abroad, people in his home town collected money and supported him. That’s how we do things, we are communal people. So, I’m not afraid to go back home,” she stated.

Onyeka explained that the new book, titled ‘My Father’s Daughter’, is designed to give inspiration to the younger ones, especially the younger feminine gender, since it encapsulates her low and high moments, through life.

A Federal High Court in Abuja has dismissed a suit challenging the nomination by the National Judicial Council (NJC) of 21 lawyers for appointment as judges of the High Court of the Federal Capital Territory (FCT).

The 21 nominees are among the 33 recently nominated by the NJC for appointment as High Court judges, most of whom have since assumed duties.

In a judgment on Wednesday, Justice Okon Abang held among others, the plaintiff lacked the locus standi (the legal right to approach the court) to file the suit.

Justice Abang proceeded to decline jurisdiction on the grounds that the non-possession of locus standi by the plaintiff robbed the court of the requisite jurisdiction to hear the case.

The suit marked: FHC/ABJ/CS/602/2020, filed by a group, JRP Foundation Ltd/GTE, had the President of the Federal Republic of Nigeria, the NJC, the Judicial Service Committee (JSC) of the FCT, the Attorney General of the Federation (AGF) and the 21 nominees as defendants

The group, made up of about 15 Senior Advocates of Nigeria (SANs), had contended among others that the affected nominees did not meet the requirements stipulated in existing provisions in the Guidelines and Procedural Rules for the appointment of judicial officers in the country.

JRP prayed the court to among others, set aside the recommendation of the nominees by the 2nd defendant (NJC) to the first defendant (President Buhari) for appointment as judges.

It also wanted the court to declare “that in its exercise of its constitutional duties to recommend suitable persons to the 2nd defendant as judges of High Court of FCT, Abuja, the 3rd defendant (JSC) of the FCT) must only recommend such persons as have met the criteria and satisfied the conditions set out in the extant Guidelines and Procedural Rules for the appointment of judicial officers in Nigeria made by the 2nd defendant.

JRP equally sought a declaration that, in exercising its constitutional duties to recommend to the President, from the list submitted by the 3rd defendant, persons to be appointed judges of High Court of FCT, Abuja, the 2nd defendant can only recommend such persons as have met the criteria and satisfied the conditions set out in its extant Guidelines and Procedural Rules for the appointment of judicial officers in Nigeria.

It also sought a declaration that, the 5th to 25th defendants (the nominees), having failed to meet the criteria and satisfied the conditions set out in the extant Guidelines and Procedural Rules for the appointment of judicial officers in Nigeria, are not suitable persons for nomination for appointment as judges of High Court of the FCT, Abuja, within the purview of Paragraph 2(1) of Part III of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999.”

The plaintiff urged the court to declare that the JSC of the FCT acted improperly, in bad faith and gross abuse of power vested in it when it submitted the nominations of these persons to the NJC for appointment as judges.