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Showing posts with the label law/legal

CNPP warns of move to foist rubber stamp Principal Officers on NASS

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*National Assembly complex, Abuja (Nigeria) Conference of Nigeria Political Parties, CNPP, has warned that “attempts being made by interested parties loyal to the ruling All Progressives Congress, APC, to ensure the inauguration of another National Assembly with rubber stamp principal officers will be very dangerous for the survival of Nigerian democracy”, insisting that “Nigerians may not be able to endure another four years of Executive-Legislative connivance against the interests and well-being of the masses.” This was contained in a statement in Abuja on Sunday by CNPP's Secretary General, Chief Willy Ezugwu. The umbrella body of all registered political parties and political associations in the country noted that “the handwriting can be clearly seen everywhere on the walls by discerning minds and we have uncovered the unholy plot. Hence all democratic forces should be on alert.” According to the CNPP, “The basic elements of democracy, like the principles of separation of p

Quota System and Federal Character, Again by Muiz Banire SAN

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Dr. Muiz Banire, SAN  (Nigeria) By Muiz Banire SAN  Last Sunday, on my Twitter page, I engaged my readers on the incubus and succubus of quota system and federal character rearing their ugly heads into our polity again.  I consider it worth the time and effort to agitate the issue here again as it is central to our development as a people and as a nation. The discussion originated from a recent statement credited to my friend, Saliu Lukmon, on the determination or election of the principal officers of the National Assembly.  The spirit behind the said intervention triggered my previous publications on the policies of federal character and quota system in the country. In the said intervention by Lukmon, he contended that the offices of the National Assembly should be zoned by the All Progressives Congress leadership while denouncing the use of money in the process, and the need to avoid the contravention of federal character in the emergence of the leadership of the National Assembly. 

Murder In the Citadel by Adegboruwa, SAN

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*Mr. Ebun-Olu Adegboruwa, SAN (Nigeria) By Ebun-Olu Adegboruwa, SAN Precisely on Tuesday, April 11, 2023, the unthinkable happened in Great Ife, as a student was mobbed, beaten up and killed with bare hands, by his fellow students. Their banal excuse was that he allegedly stole a mobile phone. They snuffed life out of him, they killed his dreams and threw his family into everlasting mourning and disarray. They spilled blood upon the rich heritage of a university known worldwide as the birthplace of giants, moulder of destinies of distinguished personalities and builder of men and women of great accomplishments. Here are the facts of this gruesome act. Okoli Ahize, a 500-level student of the university was accosted by fellow students at the Obafemi Awolowo Hall for allegedly stealing a mobile phone in the said hall of residence. A mob of about 10-15 students descended on him, beating him to a state of unconsciousness. He was confirmed dead in the university hospital. Awo Hall is one o

NBA demands release of its abducted former President, Okey Wali, SAN

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*Mr. Okey Wali, SAN (Nigeria) The Nigerian Bar Association, NBA, on Tuesday, demanded the release of its former President, Mr. Okey Wali, SAN, who was kidnapped on Monday in Rivers State. NBA President, Mr. Yakubu Maikyau, SAN, in a statement, said: "It has come to my attention that one of our respected elders and former President of NBA, Mr. Wali, SAN, was reportedly abducted in the early hours of April 17, 2023, after his convoy was attacked on the East–West Road, in Obio/Akpor, Rivers State. "Mr Okey Wali, SAN was the 26th President of the NBA and has served this nation in varying capacities, contributing immensely to the growth of legal practice and in the promotion and entrenchment of the rule of law. "He is a known philanthropist, who has helped in the development of his community in no small measure. "I, therefore, hereby plead with the abductors not to harm Mr. Wali, SAN and make a passionate appeal for his release to his family. *NBA President, Mr. Yakubu

Publish your assets declaration, SERAP tells Buhari, Osinbajo, Lawan, Gbaja, others

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*President Muhammadu Buhari (Nigeria) Socio-Economic Rights and Accountability Project, SERAP, has urged President Muhammadu Buhari to use his “leadership position and role as the African Union Anti-Corruption Champion to widely publish your asset declaration form as you conclude your term of office in May 2023 and to leave a legacy of transparency.” SERAP also urged him to “encourage Vice-President, Prof. Yemi Osinbajo; Senate President, Dr. Ahmad Lawan; Speaker of House of Representatives, Mr. Femi Gbajabiamila and high-ranking officials of the next administration to also promptly publish their assets to date.” According to the Code of Conduct for Public Officers, contained in Part I of the Fifth Schedule to the 1999 Nigerian Constitution 1999 [as amended], all public officers are to declare their assets immediately after taking office; at the end of every four years; and at the end of his/her term of office. In the open letter dated April 15, 2023, by SERAP deputy director, Kola

Nigeria: Judiciary as hope for a wailing People – By Muiz Banire, SAN

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*Dr Muiz Banire, SAN (Nigeria) Nigeria is on the verge of changing the baton of leadership, consequent upon the conclusion of the last general election in the country. Resulting from the outcome are several petitions filed in the various tribunals to interrogate the validity or otherwise of the results. Of interest to me in all of these is that the judges will have to determine the ultimate fates of the various declared winners and, by extension, the electorate in the various constituencies. Elections and their results have always been subject matters of litigation in Nigeria right from the days of the colonial enterprise from which many decisions of courts have arisen. The issue has always been that while the winning party is celebrating, the losing party is biting his fingers and licking his wounds. The situation has always put our judges on trial and the general public has always been querying the wisdom and the rationale that weigh against the loser. The law has always been as stat

Lagos Assembly stops salaries of govt appointees without House approval

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*Lagos State House of Assembly (Nigeria) The Lagos State House of Assembly on Tuesday ordered the withdrawal of letters given to government appointees whose nominations should have been sent to the House for their screening and confirmation, but who took up the jobs without the due process. The House also ordered immediate halting of salaries and remunerations enjoyed by the affected government appointees pending their appearances before the House. The Assembly further summoned three top officials over the issue. Those summoned include the Head of Service, Mr. Hakeem Muri-Okunola, the Accountant-General of the State, Dr. Abiodun Muritala, and the state's Commissioner for Establishment, Mrs. Ajibola Ponnle. In a 'Matter of Urgent Public Importance' brought before the House by Noheem Adams, Deputy Majority Leader, the lawmakers lamented the increasing situation where supposed nominees of the governor continue to work without being screened and confirmed by the House. Sp

Speedy conclusion of election petitions will reduce interim govt fears- Agbakoba

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*Dr. Olisa Agbakoba, SAN (Nigeria) Former Nigerian Bar Association, NBA, President, Dr. Olisa Agbakoba, SAN, on Monday, said speedy determination of the presidentail election petitions, preferrable before the May 29, handover date would help douse tension over fears of interim government. Agbakoba in a statement, said: “The tension around the call for an interim government is that the presidential election petition may not conclude before the inauguration of a new president on May 29, 2023. But it’s very possible to conclude these petitions, provided that the court systems are very proactive. “Under arbitration matters, procedural orders and or directions issue peremptorily to resolve sometimes very complex jurisdictional and procedural issues. The Presidential Election tribunals are urged to adapt the procedures very familiar with speedy conclusion of arbitration matters. “I set out three issues in the Presidential Election Petitions that are resolvable by application of procedura

Interim govt will undermine Nigeria’s democratic process -Agbakoba, SAN

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*Dr. Olisa Agbakoba, SAN (Nigeria)Former Nigerian Bar Association, NBA, President, Dr. Olisa Agbakoba, SAN, Thursday, said there was provision for interim government in the country's constitution, adding that it would undermine Nigeria’s democratic process. Agbakoba in a statement, said: “It is shocking to learn from the Department of State Security that secret plans are underway to undermine Nigeria’s democratic process and transition, by arrangements of what is described as an interim government. This will be a major set-back and we must all resist. “I suggest that the gravest possible consequences must be applied to all who are associated with this treasonable intent. The general elections have held, albeit under the most challenging circumstance. But a president- elect has emerged and we must respect and accept this as fact. “At least for now. All leading Presidential candidates have approached the courts with grounds of complaint concerning what they consider as electoral

Role of Judiciary in development of democracy by Adegboruwa, SAN

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*Ebun-Olu Adegboruwa, SAN (Nigeria) By Ebun-Olu Adegboruwa, SAN Last week I was a guest speaker at the reception organized by distinguished members of Ilaje Forum for the newly-appointed Chief Judge of Ondo State, The Honourable Justice Olusegun Odusola. It was a gathering of notable personalities cutting across the executive, the judiciary and the legislature so it gave me the good opportunity to speak on the role of the judiciary. Permit me to share the text of my paper with you. INTRODUCTION I want to specially recognize the presence of the Executive Governor of Ondo State, the Deputy Governor of Ondo State, the Speaker of the House of Assembly, the principal members, Commissioners, Judges, members of the Inner and Outer Bars, our Royal Fathers present, gentlemen of the press, invited guests, distinguished ladies and gentlemen. Nothing gladdens the heart more than when a prophet is honoured by his own people in his lifetime. Ilaje Forum has been at the forefront of celebrating the

9th Assembly's ensured improvements in 2023 elections - Gbajabiamila

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*Mr. Femi Gbajabiamila, Speaker of the House of Representatives (Nigeria) Speaker of the House of Representatives, Mr. Femi Gbajabiamila, has said that an objective assessment of the 2023 general elections would show marked improvements from previous elections held in the country. Gbajabiamila noted that the improvements in the polls were necessitated by the amendments to the Electoral Act made by the 9th Assembly. In an address to welcome members back from the election break, Gbajabiamila commended the Independent National Electoral Commission, INEC, for their hard work and commitment during the polls. He said: "The 2023 general elections have effectively come to an end, with the exception of those areas where the electoral body has declared elections inconclusive or scheduled reruns. As I said two weeks ago, this has been a hard-fought election season. "Expectedly, the declaration of results will not by itself suffice to assuage the passions or calm the tensions aro

The Tokenism of devolution by Adegboruwa, SAN

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*Ebun-Olu Adegboruwa, SAN (Nigeria)By Ebun-Olu Adegboruwa, SAN  Last week, it was widely reported that the President assented to sixteen new Bills sent to him by the National Assembly, most of which relate to the amendment of the Constitution. This has been in the pipeline for a long time, being a ritual with every legislative regime in Nigeria. It is taken as job for the boys, to enable certain privileged legislators go around the country in the name of gathering the views of the people for constitutional amendment, at the end of which we were usually fed with stories of lack of cooperation by the State Houses of Assembly and then it will end up as another case of money down the drain. So much money was spent on this project, so much time went into it and sufficient resources was amassed such that it would have been a great disservice to our dear country should these efforts be rendered futile. For this and other reasons, the National Assembly deserves commendation and the President

INEC and Controversial Elections

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*Ebun-Olu Adegboruwa, SAN (Nigeria) By Ebun-Olu Adegboruwa, SAN Year in and year out, the Independent National Electoral Commission, INEC, conducts elections into various offices in Nigeria, either through the main general elections, the bye-elections or other elections. INEC has been involved in the conduct of elections for an unbroken period of twenty-four years on, from 1999 to 2023. It would seem however that there is still a lot to do get the electoral umpire moving. For sure, INEC is the only statutory body authorised to organise or conduct elections in Nigeria, in respect of certain offices created by the Constitution. INEC is one of the federal executive agencies of the State established under section 153 (1) of the 1999 Constitution as amended, with its functions stated in paragraph 15 of the Third Schedule of the said Constitution. Under and by virtue of paragraph 14 of the said Third Schedule, the Chairman of INEC should be at least forty years old, he must be non-partis

Random Reflections on Pre- Election Jurisprudence in Nigeria

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*Supreme Court of Nigeria (Nigeria) With less than two weeks to the commencement of the general elections in the country, CHRIS CHIJIOKE,  examines the role of the courts and the issue of locus standi in pre- election matters in this piece which he describes as “Random Reflections on Pre-election Jurisprudence in Nigeria” He concluded that: “ It is safe to say that the law is settled in the areas under consideration that not only must a matter be instituted within the stipulated time, the party complaining must have locus standi to do so, in the absence of which no court in Nigeria can exercise jurisdiction to entertain the matter. The overall judicial attitude to pre-election cases is to try as much as possible to shield or remove the judiciary from the fray of partisan politics and to ensure that the hallowed bowels of the courts are not converted to an arena of inter parties electoral contests - Per Kolawole JCA,IN PDP V INEC & 11 ORS.;CA/PH/480/2022 . Elections serve as t