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NAN) The Federal Government has commended the National Industrial Court, in its handling of labour disputes.
The Attorney -General of the Federation and Minister of Justice (AGF), Abubakar Malami stated this on Wednesday, during the special court session to mark the court’s 20222023 legal year.
Malami, represented by the Head, Civil Appeals, Federal Ministry of Justice, Tijani Gazali, SAN, specifically mentioned the disputes
between it and the National Association of Resident Doctors ( NARD) and the Academic Staff Union of Universities (ASUU).
The AGF noted that the court had on many occasions, saved the country from undue crisis through its deft handling of labour disputes.
On judges’ welfare, Malami argued that the government had done considerably well in that regard and challenged judicial stakeholders, particularly the Nigerian Bar Association (NBA) to lead the fight to ensure that state governments comply with constitutional provision grant financial autonomy to the judiciary.
“Speaking of the court’s pronouncements in recent times, particularly in the wake of industrial actions embarked upon by both the National Association of Resident Doctors and the Academic Staff Union of Universities, suffice to say, that indeed, the legal status of any strike action, let alone a protracted one, raises very crucial questions of law.
“The approach with which the judges of the National Industrial Court have dealt with the related issues, in making better provision for promoting harmonious relations between workers and their employers is quite laudable.
“Recall the court’s role in putting an end to the recent strike action embarked upon by the National Association of Resident Doctors, wherein the learned trial judge ruled amongst others.
” That no amount money will be enough to compensate for the loss of lives that will be occasioned in the event that the strike is sustained any further.
“Sometimes, having to prioritise on the greater good, determining merit or otherwise, by focusing on outcomes and its impact on the greater number of people in ultimately stabilising agreements freely negotiated by employers and trade unions, is an even more unique and daunting task of the National Industrial Court.
“Also valiantly calling to bear the inviolable duty of the court, is your Lordships’ recent decision in the application for interlocutory order filed by the Federal Government in (Suit no: 2702022).
“For the industrial action to be halted, pending the determination of the substantive suit seeking the court’s inquiry and adjudication on the legality or otherwise of the ongoing prolonged strike action by the Associated Staff Union of Universities.
“Learned judge in fact, did well to consider the balance of convenience, in according utmost importance to the value of education vis-a-vis both the short and long term effects of its deprivation on the lives, values and wellbeing of students in public universities.
“We thank your Lordships for the well, considered decision to order the Academic Staff Union of Universities to return to lecture rooms, in the paramount interest of the education and tutelage for our teeming youths and in fact, in the overall, best interest of the nation,” Malami said.
Earlier, the president of the NICN, Justice Benedict Kanyip said the court had done well in the previous year.
He however expressed concern that the court’s arbitration mechanisms were not being utilised.
“From available record, between the third quarter of 2020 to the second quarter of 2021, the court had 6,277 cases in its docket across the country with Lagos, Abuja, Port Harcourt and Ibadan leading in that order in terms of caseload.
“Of these cases, 1,700 were disposed of.
And between the third quarter of 2021 and second quarter of 2022 the court had 6,349 cases and disposed of 2,408 of those cases.
“I must state that Owerri and Makurdi divisions have joined in the divisions with over 500 cases in the docket.
”
Kanyip also assured of the court’s commitment to the welfare of staff and judges of the court.
“The future of the court looks very bright.
We shall continue to strive to attain excellence by improving on the justice delivery mechanisms within the limits of law.
“We will continue to improve on the objectives of the court, by easy, affordable and quick dispensation of labour justice that meet global standards,” Kanyip said.
The Body of Senior Advocates of Nigeria (BOSAN), represented by Adegboyega Awomolo stated that from the statistics given, there was increase in cases filed in the court’s docket and the ones disposed of.
Also in his remark, Awomolo expressed that the recent timely interventions of the court in industrial disputes all over the country had justified the wisdom in creating the court as a specialised court.
He added that the court had continued to live up to its expectation through the timely dispensation of cases.
The president, NBA Yakubu Maikyau, SAN, in the same vein also commended the court in its speedy dispensation of cases.
” A case that was filed in March, 2020 during the lock down, yet trial went on and judgment was delivered in January 2021″.
He advised judges of other courts to emulate the NICN judges
Maikyau also delved on the court posting of judgment on its portal to enable parties to enforce its order or file appeal.
The court has its 2022 legal year theme as: “Labour justice and socio-economic development” ( NAN)
NewsSourceCredit: NAN
Attorney General of the Federation and Minister of Justice, Abubakar Malami has said that Nigeria has demonstrated the workability of application of returned looted assets for sustainable development.
Malami disclosed this in his remarks at a High-Level side event on ”Food Security Response: Combating Illicit Financial Flows and Securing Asset Returns for Sustainable Development’‘, on the margins of the 77th Session of the UN General Assembly.
The event was co-hosted by African Union Development Agency-New Partnership for Africa’s Development (AUDA-NEPAD) and the Economic and Financial Crimes Commission (EFCC).
Malami said in 2017, the 322 million dollars recovered looted assets from Swissland laid the solid foundation of getting 100 million Nigerians out of poverty.
He said it got millions out of poverty through the Social Investment Programmes that include National Homegrown School Feeding Programme, Government Enterprise and Empowerment Programme, N-Power job creation and youth empowerment programme and National Social Safety Net programme, amongst others.
Malami said that Food Security Response was placed on top of Africa’s 2022 agenda to align with the Global Sustainable Development Goal “to end hunger, achieve food security, improve nutrition and promote sustainable agriculture” by 2030.
He noted that crisis experienced in the globe as well as onslaughts of terrorism and criminality continued to exacerbate challenges to world peace posed by starvation, malnutrition, diseases, climate change which he said continue to contribute to a worsening global economy.
“Indeed, these challenges are truly interlocking and have put our collective ability to devise innovative solutions to the test”.
While highlighting the nexus between illicit financial flows and food security, Malami cited reports from law enforcement agencies especially the Economic and Financial Crimes Commission (EFCC) that showed that IFFS undermine efforts to development including food security.
He said that the Federal Government has put in place laws and frameworks to address IFFs, noting that this year, President Muhammad Buhari has signed the Money Laundering Prevention and Prohibition Act, (2022), the Proceed of Crimes Act among others.
The Attorney General of the Federation (AGF), however, stressed the imperative of international support and cross-border collaboration in implementing measures to combat illicit financial flows.
According to the AGF, “transformative solutions to the thorny issues of International Financial Follows (IFFs), looting, internet-related crimes and other threats to global economic growth and development, necessarily require international collaboration and cross-border cooperation of all stakeholders”.
Malami recall that in response to the threat posed by IFFs, the United Nations General Assembly, since its 72nd Session, placed the “promotion of international cooperation to combat illicit financial flows and strengthen good practices on assets return to foster sustainable development” on its agenda item 16 (d).
He noted that African Continent bears the major consequences of IFFs, which has continued to derail its journey towards the African Union’s Agenda 2063 that envisions “An integrated, prosperous and peaceful Africa, driven by its own citizens, representing a dynamic force in the international arena.
”
According to Malami, the vision, can only be realised when the key to life, ‘nourishment’ is guaranteed and secured maintaining that “tackling illicit financial flows, in terms of blocking the leakages and recovery of looted assets, will open the door to releasing the much-needed investment in productive sectors, inclusive of food security”.
In her remarks, the Chief Executive Officer of AUDA-NEPAD Nigeria, Gloria Akobundu said, “the forum was adopted in 2018 as an annual event with the objective to promote peer-to-peer learning for best practices and strengthen partnership for good governance.
“If Africa’s population and land space are credibly and productively harnessed, it will not only address these challenges but will be a turnaround for world economic boost and sustainable development.
”
The News Agency of Nigeria reports that President Muhammadu Buhari attended the event and spoke on ways to address corruption in the continent.
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NewsSourceCredit: NAN
The House of Representatives says it is investigating the structure and accountability of the Joint Venture (JV) business and production sharing contracts of the Nigerian National Petroleum Company (NNPC) Ltd.
Rep Hassan Fulata, the Chairman of the ad hoc committee, on Wednesday said his committee was investigating the Joint Venture Business and Production Contract of the NNPC from 1990 till date.
Fulata said the probe became imperative as some NNPC accounts did not follow due process.
He said his committee had discovered a secret account owned by the NNPC Ltd., alleging that the Federal Government did not follow due process in opening these accounts.
However, Mr Okolieaboh Sylva, the Acting Accountant General of the Federation (AGF), who appeared before the committee on Wednesday in Abuja, denied government’s knowledge of such secret account.
The Office of the AGF, Total Energy, Shell Petroleum Company and Chevron were all present to answer questions.
The committee, however, invited other relevant heads of government and corporate agencies and companies such Seplat Oil and Gas and Newcross Oil and Gas to appear before it on Sept 27.
The lawmakers insisted they must appear in person warning that the National Assembly would not hesitate to invoke the relevant constitutional privilege should any of the heads of the agencies fail to honour its invitation.
The News Agency of Nigeria reports that the mandate of the committee is to establish whether various joint venture agreements of the NNPC followed due process.
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NewsSourceCredit: NAN
A Federal High Court, Abuja, on Tuesday, fixed Dec. 5 for ruling on an application filed by David Ukpo, the kidney donor, asking the court to set aside its orders made on July 1 and July 6 which gave Ike Ekweremadu, former Deputy Senate President, and wife, Beatrice, access to his biodata.
Justice Inyang Ekwo fixed the date after counsel for parties in the suit adopted their processes and presented their arguments.
The News Agency of Nigeria reports that Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice marked: 984202, urging the court to set aside the orders, directing some agencies of government and banks to release his biodata to Ekweremadu and his wife.
Ukpo, who joined the Ekweremadus as in the motion, also listed the National Identity Management Commission (NIMC) (1st respondent) and four others in the apllication.
Others mentioned in the motion are the Comptroller General (C-G), Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank of Africa (UBA) and Nigeria Inter-Bank Settlement System Plc as 2nd to 5th respondents respectively, but the 5th respondent was later dropped form the charge.
Ukpo, who is currently in the United Kingdom (UK) in connection with the alleged organ harvesting charge against the Ekweremadus, had said that granting the couple’s request violated his fundamental rights to privacy guaranteed by Section 37 of 1999 Constitution (as amended).
But in a counter affidavit deposed to by Bright Ekweremadu, the immediate younger brother to the ex-deputy senate President, the applicants said Ukpo was not entitled to the reliefs sought as the law does not permit such.
The counter affidavit was dated and filed on Sept. 8 by their counsel, Adegboyega Awomolo, SAN.
In a 20-pont argument, Bright averred that though the court gave its ruling on July 1, Ukpo’s right to fair hearing was not breached.
He said that the documents which were released by the agencies and banks upon the orders of the court had been transmitted to the UK and had been “tendered at the Uxbridge Magistrate Court, and at the Central Criminal Court in the UK and have subsequently formed part of the record of the courts.
”
At the resumed hearing on Tuesday, Eyitayo Falogun, SAN, who appeared for the Ekweremadus, adopted his applications and urged the court to dismiss Ukpo’s request.
He said he was aware that a coalition of civil society organisations under the auspices of the Edo Civil Society Organisation (EDOSCO), initiated the motion on Ukpo’s behalf.
Falogun, who called the attention of the court to Upko’s motion, described EDOSCO as “a meddlesome interloper.
”
Muazu Dikwa, lawyer to NIMC, argued that the orders made by court on July 1 and July 6 were in line with Section 2.11 of the National Data Protection Regulation (NDPR), 2019.
According to him, the regulation says that every transmission of data to a foreign land shall be done under the supervision of the Attorney-General of the Federation (AGF).
He, therefore, prayed the court to dismiss Ukpo’s application.
Lawyers representing other respondents also asked the court to discountenance the motion.
But counsel for Ukpo, Bamidele Igbinedion, disagreed with their submission.
He said that contrary to Dikwa’s argument, “Sections 2.2 and 2.3 of the NDPR requires that if anyone applies for another person’s biodata, one must put the subject person on notice that there is an application for the disclosure of his or her personal information which is held by government.
”
Igbinedion argued that there was no authority given to government to disclose personal information of any Nigerian without putting that Nigerian on notice.
He, therefore, contended that the court did not have jusridiction to have ordered the release of Ukpo’s biodata to the AGF for onward transmission to the UK in the first instance.
He added that the respondents, including the Ekweremadus, had not shown that the court had the statutory jusridiction to order the disclosure of private information held by government.
The lawyer prayed the court to grant the reliefs sought and reverse the orders.
Justice Ekwo adjourned the matter until Dec. 5 for ruling.
In an interview shortly after the hearing, Igbinedion told the newsmen that public information is covered by Freedom of Information Act which authorises the court to disclose public information where proper application is made.
“What Ekweremadu sought was not public information but private information of a Nigerian citizen,” he said
He said if the court “grants their prayers, it means that the information was obtained illegally and the UK court cannot rely on it.
”
Igbinedion, who said he had urged the court in his reply on points of law to disregard Bright Ekweremadu’s averment, said Ukpo’s documents that were released had not been used in the UK court because trial has not commenced.
“We said in our reply that you don’t rely on oral evidence to tell the court about what happens in another court.
“So we urge the court to disregard that,” he said.
NAN reports that on June 27, Ekweremadu, who currently represents Enugu West Senatorial District, and his wife had, in an application dated and filed on June 27, sued NIMC and four others following the criminal charge filed against them in the UK.
They had sought the order of the court directing all the respondents to release to them certified true copies of Ukpo’s biodata information in their care to enable them present the documents before the UK court and the judge granted the request on July 1.
He directed that the documents should be released to the AGF for onward transmission to the UK.
Besides, Ekwo also made an order on July 6, directing NIMC to release Ukpo’s information to the Ekweremadus in line with the earlier court order.
NewsSourceCredit: NAN
FCT Minister, Alhaji Muhammad Bello, and the Federal Housing Authority, have asked a High Court to dismiss a suit challenging an illegal demolition of the residence of Abuja socialite, Joseph Kpokpogri.
Other Defendants in the suit are the Federal Capital Territory Administration and the Federal Capital Development Authority, Abuja Metropolitan Management Council and the Attorney-General of the Federation.
The Minister, alongside the Federal Housing Authority, FHA, through their lawyer, Dr Mubarak Adekilekan, maintained that the court was bereft of the jurisdiction to entertain the suit.
The defendants contended that the suit was filed “by a lawyer not known to law”.
According to them, Ozekhome, was the name on the seal of the Nigerian Bar Association, NBA, that was affixed on all the court processes, a search at the Supreme Court disclosed that such name does not exist in the nominal roll of lawyers.
Besides, the defendants, contended that the plaintiff, Kpokpogri, whose house was demolished, failed to disclose any reasonable cause of action to warrant the exercise of the court’s discretion in his favour.
Consequently, they prayed the court to dismiss the suit.
However, counsel for the plaintiff, Dr Benson Igbanoi, noted that the suit was originally fixed for the court to hear a motion his client filed for interlocutory injunctions against the defendants.
Igbanoi said he was surprised that though the defendants filed the objection since August 12, they waited till last Friday to serve same on his client.
He alleged that the defendants are deliberately frustrating the hearing of the suit, the plaintiff’s lawyer, urged the court to proceed with the business of the day.
In a ruling, Justice Charles Agbaza held that once a preliminary objection is raised to challenge the jurisdiction of the court, such motion must be heard and determined first before any further step could be taken in the matter.
He, therefore, adjourned the matter until Oct 12 for hearing of the preliminary objection .
The court had on July 15, extended its order that restrained the FCT Minister from completely demolishing Kpokpogri’s residence.
The injunctive order followed an ex-parte application the plaintiff who is a former lover of popular Nollywood actress, Tonto Dikeh, filed through his team of lawyers led by Ozekhome.
Justice Agbaza held that the order would subsist until the hearing and determination of the suit before the court.
Ozekhome, had told the court that some persons from the Federal Capital Development Authority, FCDA, had on May 14, invaded his client’s residence, “accompanied by a multitude of heavily armed policemen and bulldozers and excavators”, and commenced the demolition of his house, beginning with the boys quarters.
He told the court that agents of the FCDA threatened to return for total demolition of Kpokpogri’s house, even though they failed to give any reason for their action.
Ozekhome, SAN, begged the court to intervene in the matter, in the interest of justice.
Specifically, the court, issued an order of interim injunction restraining the defendants from trespassing on or further trespassing on, demolishing, or further demolishing the property known as Plots 203 and 204, 27 Road, Gusape District, Apo Estate, Abuja.
The plot is said to be covered by letters of allocation issued by the Federal Housing Authority with Ref. No. .
203 and Ref. No. .
204.
The order also restrained the defendants from evicting the occupants of the said property or in any way interfering with the plaintiff’s exclusive right of possession of the said property pending the determination of the suit.
The plaintiff, in the suit is asking the court to the order the defendants to pay him aggravated and general damages to the tune of over N2 billion.
Kpokpogri, in an affidavit deposed to in support of the motion said that he was the owner of all the property covered by letters of allocation issued by FHA with reference No. .
203 and reference No. .
204.
He averred that he was entitled to the statutory right of occupancy and exclusive possession of the said plots having been lawfully acquired from two separate individuals, Mr Muyideen Obans and Mrs Alaba Akindele, who were the original allottees of the lands from the (AGF) 6th defendant.
“The letters of allocation of the land to the original allottees dated Jan. 14, 2015 with No. .
203 and .
204, issued by FHA Abuja are hereby exhibits A and Al.” he claimed.
NewsSourceCredit: NAN
A coalition of Civil Society Organisations (CSOs), says progress toward Universal Health Coverage (UHC) requires keeping adolescents healthy as they represent critical window of opportunity in the country.
Mr Muhammad Usman, Chairman, National Advocates for Health, who spoke on behalf of the CSOs said this in Abuja on Sunday at the two-day strategic retreat organised by the African Health Budget Network (AHBN).
The News Agency of Nigeria , reports that the retreat reviewed the country’s Reproductive, Maternal, Newborn, Child, Adolescent Health and Nutrition- (RMNCAH+N), Recovery Plan Scorecard & Validate the Family Planning (FP), 2030 Accountability Motion Tracker Template.
Usman said that investment in adolescents delivered “multiple dividends,” improved health and enhancement throughout the life course and contributing to the health of future generations.
“Healthy adolescents also fuel economic growth by contributing to increased productivity, reduced health expenditure, and the interruption of inter-generational transmission of poor health, poverty and discrimination.
“For every Naira invested in adolescent health, there is an estimated ten-fold health, social and economic return,” he said.
The Coordinator, AHBN, Dr Aminu Magashi urged that National health strategies and investment plans for UHC must include adolescents.
This, according to him, is with emphasis on the most vulnerable and marginalized adolescents and their families to ensure equity.
Magashi said that investment in vertical or single-issue programmes was rarely efficient.
“Programmes should be designed to address multiple risk factors and vulnerabilities and all adolescents should be covered by mandatory, prepaid and pooled funding with user fees reduced or eliminated,” he said.
Magashi said that adolescents should be empowered to initiate action and influence decisions that affected their health and development through mechanisms that allowed for meaningful participation.
“This should be bolstered with disaggregated and regular data to know the magnitude of disease burden, health needs and barriers to services for this age group,” he said.
The coordinator said that the RMNCAEH+N recovery plan during the COVID-19 accountability scorecard was developed through rigorous analysis of the 2022 Federal Government-approved budget,
‘’Others included review and validation meetings and independent monitoring of the activities of the RMNCAEH+N National Multi-Stakeholder Partnership Coordination Platform.
‘’The scorecard which had three categories was to serve as an evidence tool to be used by all stakeholders including CSOs, media, advocates, young people and development partners.
‘’This was to strategically influence actions that would promote performance, transparency and accountability in the implementation of country’s RMNCAEH+N continuity response plan (2020-2022) during COVID-19,’’ he said.
Magashi said that the scorecard reported three categories including Governance and Leadership, Budgetary Allocation and Disbursement, Accountability and Transparency.
He added: “The stakeholders further urged the RMNCAEH+N platform to formalize the participation of CSOs and youth constituencies with clear roles and modalities of engagement.
“They also recommended that CSOs and youth representatives on the RMNCAEH+N platform strengthen meaningful engagement with their constituencies through formal channels for inputs and feedback.
“Other recommendations put forward by the stakeholders include the provision of a dedicated page to be created on the website of the Federal Ministry of Health and other relevant agencies.
”Information about budget releases and expenditure could be posted and sighted there
“The CSOs, youth and media to engage the Federal Ministry of Health, Federal Ministry of Finance and donor community to galvanise collaborative efforts.
”
Magashi said that this is to strengthen the RMNCAEH+N platform and support implementation of the recovery plan.
“The NGOs, advocates and other critical stakeholders must find a way of talking to the government and the Ministry of Finance in particular and the office of the Accountant General of the Federation (AGF) for the release of approved budgets,” he said.
Magashi said that investments in family planning were aimed at saving the lives of women and children, which would lead to prosperity for all.
“Family planning, therefore, is critical to achieving Sustainable Development Goals (SDGs), which are aimed at ending poverty and improving wellness and health.
”It is also key to end hunger as well as promoting gender equality.
“That’s why a country as populous as Nigeria needs to promptly release the budget for the procurement of FP commodities,” he said.
Also speaking on behalf of health journalists, the President of the Association of Nigeria Health Journalists (ANHEJ), Mr Hassan Zaggi, said that in most countries, health systems and services were mainly designed for either young children or adults.
“Given their specific health and development needs, adolescents require responsive anticipatory models of service delivery.
“Due to biological and gender-based differences that result in varied health risks and disease incidence, these health services must always apply an appropriate gender lens.
‘’Government need to reach adolescents with high quality, well-coordinated and well-integrated programmes in their everyday context,” Zaggi said.
Meanwhile, Mr Olympus Ade-banjo, Chairman, Africa Health Budget Network Meaningful Adolescent and Youth Engagement Working Group, said that inadequate allocation of resources was a major challenge for implementing the good plan Nigeria had for family planning.
Ade-banjo said that expanding the narrative of family planning from being a core health issue to a development issue would provide the opportunity to prioritize family planning as human capital and socio-economic development issue and for the achievement of the SDGs.
He said that the nation as a pre-transition country had a high fertility rate of 5.2 per women and a very youthful population bulge.
NAN recalls that Nigeria formally launched the 2030 FP commitment in March 2022.
The FP 2030 Commitment which has 8 focus areas states that by the end of 2030, Nigeria envisions a country where everyone including adolescents, young people and populations affected by crisis and other vulnerable populations can make informed choices.
NAN also recalls that they should have equitable and affordable access to quality family planning and participate equally in society’s development.
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NewsSourceCredit: NAN
A Chief Magistrate Court sitting in Abuja has ordered the police to investigate two lawyers; George Odusanya and Fidelis Mnyim, for alleged supplying of false information against former Attorney-General of the Federation (AGF), Michael Aondoakaa, SAN.
Chief Magistrate Elizabeth Wonni made the order, on Monday, following a direct criminal summons filed by Aondoakaa
The News Agency of Nigeria reports that Odusanya and Mnyim were alleged to have supplied a false information in a suit marked: 9382021 filed before a Federal High Court, Abuja against the ex-AGF.
The direct criminal summons was brought against the lawyers pursuant to Section 109 (e) and 110 (c) of the Administration of Criminal Justice Act (ACJA), 2015, by A.
T. Kohol, counsel for Aondoakaa.
According to the application, “on or about the 28th day of June 2022, the defendants who are both within the jurisdiction of the court, being legally bound under oath did make statement which they knew to be false before the Federal High Court, Abuja in suit No: 9382021 and thereby committed an offence contrary to Section 156 of the Panel Code and punishable under Section 158 of the Penal Code.”
When the matter was called, only Odusanya, the 1st defendant, who was represented by Abdul Arobo, was present in court.
The 2nd defendant, Mr Mnyim, represented by T.
F.
Aondo, was absent in court.
Applicant’s lawyer, Kohol, argued that there was the need for the defendants to be put in the dock for the purpose of arraignment as the matter was a criminal case.
He added that following the absence of the 2nd defendant in court, the prosecution was at liberty to apply for a warrant of arrest against him to compel his appearance in court.
But the defence counsel vehemently opposed the submissions on the grounds that a direct criminal summons, being an application, ought to be looked into by the court before further steps could be taken.
Citing Section 89(5) of ACJA 2015, they submitted that the allegations contained in the summons should first be referred to the police for investigation before further steps by the court.
The chief magistrate said it is in her character to always refer direct criminal summons to the police for investigations to avoid unnecessary and unsubstantiated petitions.
Wonni subsequently directed that the direct criminal summons be investigated by the police within 14 days and adjourned the matter indefinitely to await the report of the investigation.
NewsSourceCredit: NAN
REOPENED-Hushpuppi: Court rejects FG’s request for Abba Kyari’s extradition to US
Hushpuppi: Court rejects FG’s request for Abba Kyari’s extradition to US
Extradition
By Taiye Agbaje
Abuja, Aug. 29, 2020 A Federal High Court, Abuja, on Monday, refused to grant the extradition application filed by the Federal Government for permission to extradite the suspended DCP Abba Kyari to the United States (US).
Justice Inyang Ekwo, in a judgment, described the extradition request as “an abuse of court process,” on the grounds that Kyari was already standing a criminal trial before another court.
The News Agency of Nigeria reports that the Federal Government, through the Office of the Attorney-General of the Federation (AGF), had, on March 2, filed the extradition suit marked: 2492022, praying the court to grant the plea for Kyari to face a criminal charge levelled against him by the U.
S. government.
The U.
S. authorities had applied to the Nigerian government for Kyari’s extradition in relation to his alleged link with suspected international fraudster, Ramon Abbas, also known as Hushpuppi.
In a three-count indictment in case number: 2:21-cr-00203-RGK filed on April 29, 2021 in the U.
S.
District Court for the Central District of California, Kyari was accused of “conspiracy to commit wire fraud in violation of Title 18 United States Code, Sections 1349; conspiracy to commit money laundering in violation of Title 18, U.
S. Code, Sections 1956(h).
Although there is no death sentence imposed on the offences for which he is being accused of, if found guilty, the punishment for the offences as contained in the superseding indictment carries a maximum of 20 years imprisonment for count 1; 20 years imprisonment for count 2 and 2 years imprisonment for count 3 consecutive to any other sentence imposed respectively as contained in the various United States laws.
NAN had, earlier, reported that the National Drug Law Enforcement Agency (NDLEA), in an eight-count charge dated Feb. 25 and filed Feb. 28, accused Kyari and six others of allegations bordering on cocaine deal.
In a counter affidavit filed by Kyari’s team of lawyers which include Nureni Jimoh, SAN; Hamza Dantani, among others, the suspended DCP had urged the court to dismiss the application on the grounds that he was currently standing trial on offences allegedly committed contrary to and punishable under the NDLEA Act, Cap N30, laws of the Federation of Nigeria, 2004.
Delivering the judgment, Justice Ekwo held that Kyari’s averment had not been controverted by the AGF.
According to the judge, by the role given to the AGF in Section 10 of the NDLEA Act, the NDLEA commences criminal proceedings in court by his (AGF’s) fiat.
“Indeed, charges under the NDLEA Act, are normally brought in the name of the Attorney-General of the Federation.
Therefore, the Attorney-General of the Federation being the applicant in this case cannot say that at the time this application was initiated on 2nd March, 2022, he was not aware of the pendency of the criminal proceedings in Charge No. 572022, FRN v.
DCP Abba Kyari & Ors. (Exh. 2) which was commenced on 28th February, 2022,” he said.
Ekwo said it was contrary to the provisions of the Extradition Act to surrender Kyari for trial in the U.
S. when he was still facing a criminal charge in another court of competent jurisdiction.
“The position of the law in Section 3(6)(a) of the Extradition Act is that a fugitive criminal who has been charged with an offence under the law of Nigeria or any part thereof, not being the offence which his surrender is sought, shall not be surrendered until such time as he has been discharged whether by acquittal or on expiration of the sentence or otherwise.
“By the wording of Section 3(6)(a) of the Extradition Act, the law mandatorily estops the court from making an order to surrender a fugitive who has been charged with an offence under the law of Nigeria or any part thereof.
“This, in my opinion, is plain and easy to understand.
“The duty of the court is to interpret the words contained in the statute and not to go outside the clear words in searching far an interpretation which is convinient to the court or to the parties in the process of interpretation,” he said.
Ekwo further stated that by Section 3(2)(a) of the Extradition Act, the court was also empowered not to make an order for surrender where the request though purporting to be made in respect of extradition crime was not made in good faith.
“The phrase ‘good faith’ has an enlarged scope in its character and transcends limitations,” he said.
The judge said the applicant, being the AGF, ought to have known that Kyari is standing trial in a sister court and shouldn’t have brought the extradition application in view of the provision of Section 3(6)(a) of the Extradition Act.
“In the end, I find that this application is not brought in good faith.
It is also in breach of the provision of Section 3(6)(a) of the Extradition Act and cannot be allowed.
“By that fact, it is incompetent.
It is equally bereft of merit and ought to be dismissed.
“I make an order dismissing this application.
This is the judgement of this court,” Ekwo declared
NAN reports that the U.
S. Attorney’s Office for Central District of California, Los Angeles, had recently confirmed that Hushpuppi would be sentenced on Sept. 21.
NewsSourceCredit: NAN
Hushpuppi: Court dismisses FG’s request for Abba Kyari’s extradition to US
Hushpuppi: Court dismisses FG’s request for Abba Kyari’s extradition to US
Extradition
By Taiye Agbaje
Abuja, Aug. 29, 2020 A Federal High Court, Abuja, on Monday, refused to grant the extradition application filed by the Federal Government for permission to extradite the suspended DCP Abba Kyari to the United States (US).
Justice Inyang Ekwo, in a judgment, described the extradition request as “an abuse of court process,” on the grounds that Kyari was already standing a criminal trial before another court.
The News Agency of Nigeria reports that the U.
S. the Federal Government, through the Office of the Attorney-General of the Federation (AGF), had filed the extradition suit, praying the court to grant the plea for Kyari to face a criminal charge levelled against him by the U.
S. government.
The U.
S. authorities had applied to the Nigerian government for Kyari’s extradition in relation to his alleged link with suspected international fraudster, Ramon Abbas, also known as Hushpuppi.
NAN also reports that the suspended DCP is also facing a criminal trial on allegations of drug deal filed against him and others by the National Drug Law Enforcement Agency (NDLEA).
The U.
S. Attorney’s Office for Central District of California, Los Angeles, had recently confirmed that Hushpuppi would be sentenced on Sept. 21.
Details later ….
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NewsSourceCredit: NAN
The House of Representatives has summoned the Auditor-General of the Federation (AGF) to appear before it on Aug. 30, for explanation on fuel subsidy payments between 2013 and 2022.
The lawmakers want the auditor-general to provide documentary evidences on the audit carried out on the monies spent on fuel subsidy by the Nigerian National Petroleum Corporation (NNPC) Ltd.
Rep. Ibrahim Aliyu, the Chairman, Special ad hoc Committee investigating the fuel subsidy, issued the notice in Abuja on Thursday.
Aliyu made this known during the scrutiny of documents submitted by the representative of the Accountant-General of the Federation (AGoF), Mr Okolieaboh Sylvia.
The AGoF was represented by the Director, Federation Accounts, Mr Mohammed Saleh.
The lawmakers also directed the office of the AGoF to provide relevant financial transactions on the fuel subsidy for the period under review.
In its bid to ensure fair hearing as enshrined in the law, the committee said it was expecting the AGoF to appear before it on Sept. 8 with relevant documents.
The committee tasked the AGoF on the need to have an independent monitoring mechanism to verify the veracity of the transactions.
The committee also expressed the need for the office of the AGoF to ensure due diligence by verifying the transaction documents submitted by all government agencies in line with its functions as spelt out in the Act.
Rep. Mark Gbillah (PDP-Benue) after thoroughly scrutinising the documents, identified some discrepancies in the amount computed in the NNPC documents.
NewsSourceCredit: NAN
