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| Afam Osigwe |
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Friday, March 31, 2017
COURT DECISION VOIDING NBA CONSTITUTION: AFAM OSIGWE KICKS: RELEASES DOCUMENTS
AMAZING INNOVATIONS INTRODUCED TO THE NEWLY PASSED AMENDED ELECTORAL ACT, 2017
The Senate has on thursdsy passed the Electoral Act No. 6 2010 (Amendment) Bill 2017 into
BREAKING: COURT VOIDS EX-GOV. MIMIKO LOCAL GOVT. COUNCIL ELECTION, DISSOLVES COUNCIL
An Ondo State high Court sitting in Akure, has dissolved the 18 local government
Thursday, March 30, 2017
SENATE V. PMB: 'FIVE CONDITIONS FOR US TO BE YOUR FRIEND' - VP Osinbanjo heads Reconciliatory Committee
The Senate has reacted to the setting up of a committee by the Federal Executive Council to settle the rift between it and the National Assembly with five conditions that must be met for peace to
UNPRECEDENTED: TRUMP APPOINTS DAUGHTER, IVANKA AS SPECIAL ASSISTANT
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| President Trump and Ivanka Trump |
Jumia Delivery Man Killing: Suspects Smile during Full Interrogation
The men of the Rivers State Police Command have arrested two murder suspects accused of killing a delivery agent of a popular e-commerce firm and dumping his body in
I STAND WITH OMOYELE SOWORE: INIBEHE EFFIONG
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| Inibehe Effiong |
I will continue to stand with Omoyele Sowore until those who are against him forsake their corrupt, criminal, murderous
Wednesday, March 29, 2017
PMB FATHERLY AND LIBERAL APPROACH CRITICIZED: President Buhari Led us to this Insanity of the 8th National Assembly- Oyediran
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| From the left, Sen. Pres. Bukola Saraki, President Mohamadu Buhari & Rt. Hon. Dongara, Speaker House of Rep. |
CRITICAL: DINO MALAYE FORETOLD REGRETS FILING LAW SUIT AGAINST SOWORE, SAHARA REPORTERS, OTHERS- 'Made' Strong comments
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| Sen. Dino Malays and Sen. President Bukola Saraki |
THE COURT CASE OF THE REVEREND FATHER ALLEGED TO HAVE HAD SEX WITH A MINOR
PUT AN END TO IMPUNITY OF SENATE NOW: Falana calls on Buhari
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| Femi Falana, SAN |
YOU HAVE NO POWER TO SUMMON ME- Sagay Blasts Senate
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| Prof Itse Sagay, SAN |
Following the invitation by the Senate over what they considered as unguarded statement by the Chairman of the Presidential Advisory Committee Against Corruption, Itse Sagay, Sagay has fired back at Nigerian Senators after they summoned him for reportedly de
WAS ALTERATION FOUND ON DINO CERTIFICATE?- Check it out
Recently, Dino Malaye uploaded his NYSC certificate and same had set the internet agog.
many criticized the certificate as having traces of alteration. how true is this and what is your observation and take after observing same closely?
BUHARI, OTHERS HAILS 'OUTSTANDING' POLITICIAN TINUBU AT 65
President: he helped to unseat incumbent
Adeosun hints of aggressive tax drive
‘Young businesses should be encouraged’
It was a day of encomiums — and serious talks — yesterday in Lagos.
Statesmen, eminent politicians, top government officials, military chiefs, captains of industry and traditional rulers joined relations and
POLICE ARRESTS COUPLE WHO BURNS TEENAGER'S PENIS FOR RAPING A FOUR YEAR OLD GIRL
The Nigeria Security and Civil Defence Corps ( NSCDC ) , in Sokoto state , says it has arrested a couple for allegedly burning the male organ of a 17 - year old teenager, name withheld , over rape allegation .
The Commandant of the Corps, Mr Babangida Abdullahi , confirmed the arrest in an interview with the News Agency of Nigeria in Sokoto on Wednesday .
Abdullahi said that the couple , name withheld , were arrested on Tuesday , at their Sama residence , Sokoto .
He said : ” They alleged that the teenager, a Senior Secondary School three students , raped their four- year old daughter.
” So , they sponsored some boys who seized him on March 24 , took him to the suspects ’ house , the suspects severely tortured him and burnt his manhood .
” They also locked him up in a toilet up to the following day , March 25 .
” The victim was later taken to the Specialist Hospital , Sokoto , where he is responding to treatment . ”
Abdullahi said that the couple was arrested on March 28 , for allegedly taking the law into their hands .
The commandant further said that the suspects would soon be arraigned in court upon the conclusion of thorough investigations
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THE MAN : ASIWAJU BOLA AHMED TINUBU- full profile
Sen. Bola Ahmed Tinubu
FULL NAME: Bola Ahmed Adekunle Tinubu
DATE OF BIRTH: 29 March 1952 (age 65)
OCCUPATION: Accountant, Politician
MARITAL STATUS: Married
INTRODUCTION
Bola Ahmed Tinubu was elected Senator for the Lagos West constituency in Lagos State, Nigeria in 1993, he also was elected governor
Tuesday, March 28, 2017
SEE THE LETTER THAT LANDED THE LAWYER WITH B.SC IN LAW IN TROUBLE
Shortly before David ADESANYA(Fake Lawyer) was Arrested, the NBA received this petition against him. (Unedited)
The Chairman,
Nigeria Bar Association
DINO: CASE STUDY OF A KID: HE HAD ALWAYS WORE CEREMONIAL GOWN NEVER ACADEMIC GOWN- Dean
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| Dino Malaye in a purported academic regalia |
Senator Melaye had stormed the National Assembly Plenary Session on Tuesday ( today) in what academics described as “ceremonial” gown , rather than an academic robe.
The senator representing Kogi West has been under fire in the past week, as critics allege that he did not earn an academic degree from the ABU as claimed.
In his defence, the Vice Chancellor of the institution, Prof. Ibrahim Garba, had deposed before the Senate Committee on Ethics, Privileges and Public Petitions on Monday that Melaye earned a Bachelor of Arts degree in Geography from ABU, with a Third Class.
Speaking to The PUNCH online, Professor of History and a former Dean of Faculty of Arts at the Lagos State University , LASU, Ojo , Abolade Adeniji, said if Melaye felt that his appearing in what he thought was an academic gown would confirm his claim that he attended ABU, it is “ juvenile. ”
Adeniji said, “ This is a juvenile attempt at justifying his claims that he attended ABU . He has only made a fool of himself.
“ What the senator has done is unusual, and this should be a source of concerns to his fellow senators.
“ The senatorial position is an exalted one that should not be trivialised the way Senator Melaye is doing.
“The appearance he assumed today is not for an adult, much less a senator. He looks so cheap. It ’ s a political drama that was meant to prove that he has a degree. ”
Another academic, the Dean of Arts Faculty and Associate Professor of English Language at LASU, Dr . Adeleke Fakoya, said the gown that Senator Dino Melaye wore “is a ceremonial one."
“This is a ceremonial gown and not an academic robe. It is a ceremonial uniform usually worn during formal ceremonies in any Ivory Tower.
“ Even then, you can only wear such ceremonial robes if you are a part of the procession in the academic environment; never in the context in which Senator Melaye wore it today.
“ The type of gown that the senator wore in that photograph is usually worn by vice- chancellors, registrars, deans, etc .
“ If Melaye intended it to prove that he graduated from ABU , then he missed it big time because the type of gown he is wearing is not for someone being conferred with a first degree, to start with.
“ It is a ceremonial costume that should not be worn in frivolous manner as this senator has done . It ’s either hired or stolen. ”
On the implications of Senator Melaye’ s action, Fakoya said it wouldn’ t change anything.
He said it’ s like the case of a church leader who chooses to wear a Pope ’ s gown .
“ It won't make that person a Pope, because we know the processes involved towards becoming a Pope.
“Ditto for academics. You must earn what you claim to possess, academically or by way of honorary bestowal.
“ The onus is on anyone to justify his claims to any degree, instead of treating sacred objects with frivolity as we have here. ”
The pu
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FAYOSE EX-AIDE, HOUSE OF REP. MEMBER ARRAIGNED FOR DOUBLE MURDER
A former Personal Assistant to Governor Ayo Fayose during his first tenure, Goke Olatunji , was on Tuesday arraigned at an Ado - Ekiti High Court over an alleged double murder.
The offences were allegedly committed 11 years ago .
Also charged with him is a member of House of Representatives, Mr Thaddeus Aina , who was absent in court .
The two men were charged with the murders of the then Holland- based Mr Tunde Omojola and a World Bank Consultant , Dr . Ayodeji Daramola .
The trial was however stalled because of the absence of Aina, said to have gone abroad for medical treatment .
The two murder cases were consolidated at the request of the lawyers to both parties .
Omojola was killed in Ifaki Ekiti in 2006 during a councillorship election while Daramola was murdered in Ijan Ekiti on August 14 , 2006 .
Both murders were committed under the first term of Governor Fayose .
When the case was brought before Justice Adewale Fowe, on Tuesday , the prosecuting counsel, Mr Adekunle Adetowubo , told the court that Aina , who is currently representing Ekiti North Federal Constituency II , had been flown abroad for medical treatment over undisclosed ailment .
Both Adetowubo and counsel to the defendants , Mr Adedayo Adewumi , sought a brief adjournment and also prayed the court to issue a Witness summon, so that all the witnesses can be brought to court at the next adjournment date .
Adetowubo said , “ My lord , the counsel to the 2nd respondent had told me that he was sick
“ The purpose of this case is to prosecute and not to persecute . Again , only the living can be tried and not the dead
“ We pray that he recover soon and by the time he will appear , the trial can be heard expeditiously
“ We can’ t continue with this case until the 2nd defendant appears in court because this is a criminal case
“ Ordinarily , we would have requested for a Bench Warrant to bring him to court , but we have done our own findings and we found out that he was truly flown abroad for treatment
“ My lord , this adjournment does not mean we are withdrawing the charges against him , we are not even ready for that .
“ Some of those granted bail, in this case , could not be found now, but the 2nd respondent has consistently been coming to court . So we want him granted this opportunity to appear when his health is restored
“ What we intended to do today is to mention the case , but under this circumstance , we oblige your lordship to give us a new date so that we can come with our witnesses
“ We know that this case has a chequered history but we still need patience since the defendant was only exercising his fundamental rights” , he added .
The Counsel to the respondent aligned with the submission of the prosecuting counsel that a brief adjournment is needed under this circumstance , urging them to tidy up their case for speedy trial of the accused persons .
In his ruling , Justice Fowe , who had earlier objected to adjournment said : “ This matter has stayed for long and I wish we continue now
“ But since both parties had sought for this adjournment under the circumstance , I hereby adjourn the case to April 27 , 2017 , for hearing .
“ I also direct that all processes be served on the prosecuting witnesses to appear in court on that day ”, he ruled .
( NAN)
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YOU HAVE INDOMITABLE LION HEART: Gbenga Daniel to Sen. Ahmed Tinubu
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| Senator Tinubu and Wife |
Former Governor of Ogun State, Otunba (Engr.) Gbenga Daniel has described Senator Bola Ahmed Tinubu as an indomitable spirit of great mind, insightful opinion, strong heart and exemplary will.
In his message on the occasion of Senator Ahmed Tinubu’s 65th birthday anniversary, Otunba Daniel said Tinubu’s hard work, dynamism and, and ‘out-of-the-box’ thinking have received wide appreciation both at home and abroad.
Continuing, he stated: “Your voyage in the nation’s political landscape has been an important period filled with significant achievements for you personally and our country; even those who disagree with your politics still respect your faculty, audacity and charm"
On behalf of his family, Daniel join other well-wishers to celebrate the milestone in Tinubu’s eventful life and pray Almighty God to grant him sound health, wisdom and more years of outstanding success and dedicated service to our dear country, Nigeria.
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COMEDY: DINO MALAYE TURNED MOMENTARY PROFESSOR, APPEARS IN ACADEMIC REGALIA AT SENATE PLENARY
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| Sen. Dino Malaye in Academic Robe |
Senator Dino Melaye representing Kogi West drew a lot of attention on Tuesday when he appeared for plenary with academic robe and cap.
The senator whose first degree had come under scrutiny in the recent past walked in to the red chamber clad in the full academic regalia and smiling as cameras shut away.
Melaye first degree at the Ahmadu Bello University, Zaria had come under question in the last week.
Many online reports had it that the senator did not graduate from the institution like he claimed.
However, the question surrounding his graduation was laid to rest on Monday when the VC of Abuja, Prof. Ibrahim Garba confirmed that the senator graduated from the University.
Prof. Garba told the Senate Committee on Ethics, Privileges and Public petitions that Melaye graduated in year 2000 as Daniel Jonah Melaye.
He added that the Senator graduated with a third class degree in geography.
Hours after the confirmation by the VC, a video went viral where the senator was dancing and singing in yoruba language celebrating the turn of event.
On Tuesday however, the Senator appears for plenary dressed in the regalia and went rond the chamber to exchange pleasantries with all the Senators present.
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OBASANJO'S WIFE FILES LAW SUIT IN LAGOS COURT TO STOP SON'S WEDDING
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| Mrs. Taiwo Obasanjo |
Mrs Taiwo Obasanjo, wife of former President Olusegun Obasanjo, on Monday filed a suit at an Ikeja High Court, seeking to stop the wedding of her son, Olujonwo Obasanjo, scheduled for May 11.
Ex-President Obasanjo and the father of the bride,
Monday, March 27, 2017
WHY FAYOSE IS NOT COMMENTING ON DINO MALAYE CERTIFICATE SAGA
As far known, Gov. Fayose is proactive and sympathetic to the course of PDP and its supporters.
Its quite unnatural for Fayose not to have issued statement or commented by now on a critical issue that touches on Dino Malaye stance regarding his certificate.
Fayose once faced same issue in 2004/2005 into his tenure. Social media was yet unadvanced as it is now.
If Fayose is to face same issue today, what could be the outcome?
Or could the mouth closure be as a result of the money seized by the EFCC?
Anyhow, anyway, people needs Fayose to talk. Nigerians missed his contribution.
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THE ENIGMA IN THE LUMINARY- Have you Met Olatunji?
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| Mr. Olatunji Ajibola Oladunni |
The talons so long to feed from a thousand miles
The sight so deep to see the depth of the deepest ocean
The feathers so golden to turn blind the foes
The astute of its ears so great to cling unto the sound at the end of the mercury
The above are the Short description of Ogbeni Olatunji Ajibola Oladunni
The stand and arms of Oladunni dynasty,
Be his friend, you will know no sorrow,
Be closer to him, you will see the mystery in the world of a witty virtuoso,
The talent hunter, motivator and clued intelligentsia
Give him an infant, he will build
Give him the youth, He will mold
Give him the the middle-aged, he will loft in grace,
Give him him the elderly, he will turn world towards the east morning sun
The part of Olatunji unknown remains unraveled in the seven wrapped secret of an ancient rose
God lover, Men's Angel, Darkness nightmare, the hope and courage to the forlorn
The better part of you is yet to come.
Your gracey, charming, elegance, poised, benevolence, clement and patriotic personality is all we care
You are the light and great teacher of all time
We love you today, always and forever, as we wish you more of the finest things of life.
Walk in the rough roads, shine in the darkest sight, glory amidst woes, be the seed amidst chaff and the peace in the storm.
Remain crowned in grace good brother and friend.
Have you met him?
We wish you a happy birthday.
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"OUR LEGAL SYSTEM IS KILLING THE ECONOMY" - Prof. Ernest Ojukwu, SAN
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| Prof. Ernest Ojukwu, SAN |
Professor Ernest Ojukwu SAN is a legal luminary who has distinguished himself in legal practice, particularly in the field of Jurisprudence and Legal Sciences. In this interview with CHIDI MATTHEW NWACHUKWU , the legal icon discusses the sundry issues that are militating against legal practice in Nigeria and recommends
COMPARING PRESIDENT BUHARI AND DINO MALAYE RANKLES THE MIND- Dr. Doyin Odebowale
Comparing PMB with Dino rankles the mind. This untoward generation is sick.
A man enlisted in the Army after secondary school. He got commissioned and served in the several capacities. He was the Head of State and now the president. Nobody has been
MEET LAWYER WITH B.SC IN LAW, ARRESTED AT IYAGANKU COURT
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| Caught fake Lawyer |
PRESIDENT OF UK SUPREME COURT, LORD NEUBERGER REFLECTS: 20 YEARS AS A JUDGE: Full text
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| Lord David Neuberger |
Twenty Years a Judge: Reflections and Refractions
Neill Lecture 2017, Oxford Law Faculty Lord Neuberger,
President of the Supreme Court
10 February 2017
1. In autumn last year, I chalked up 20 years as a judge and in autumn this year I will have become an ex-Judge. And, as my judicial adventure nears what property lawyers sometimes call its terminus ad quem, I thought that, in the best traditions of the civil service,
EXCERPT: SEN AHMED BOLA TINUBU MADE NOTORIOUS COMMENTS ON VICE PRESIDENT OSINBAJO: Adjectives Far-fetched
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| Vice President Osinbajo and Sen. Bola Ahmed Tinubu |
"Osinbajo was the best decision I ever made in my political career, the biggest weapon in my political armoury'.
"The capability and firmness of Osinbajo in my time of travail made me to triumph against every plan by my detractors to destroy my image and career.”
“Osinbajo brought his knowledge of constitutional law and stood by me even at the time when some of my commissioners were planning to resign from the cabinet. He indulged my politics and allowed it to flourish in the face of detractors,”
“Osinbajo encouraged me to create 37 Local Council Development Areas with his astounding knowledge of constitutional law.
I could challenge the Federal Government because of the capability of the professor of law...”
By Asiwaju Bola Ahmed Tinubu
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Sunday, March 26, 2017
GOVERNOR ROTIMI AKEREDOLU, SAN HAILS COURT OF APPEAL JUDGEMENT ON ALLI OLANUSI ILLEGAL IMPEACHMENT AS DEPUTY GOVERNOR OF ONDO STATE
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| Gov. Oluwarotimi Akeredolu and Wife |
Gov. Oluwarotimi Akeredolu of Ondo State on Saturday hailed the victory of former Deputy Governor of the state, Alhaji Ali Olanusi, at the Court of Appeal in Akure, saying it was great for democracy.
The commendation is in a statement in Akure by the Chief Press Secretary (CPS) to the Governor, Mr Segun Ajiboye.
Ajiboye quoted the governor as saying “the 79-page judgment delivered by Justice Muhammed Danjuma was well deserved, a triumph for democracy and light over darkness.’’
The governor also said that the judgment would discourage political leaders from arbitrary actions and decisions and ensure that the tenets of democracy were promoted.
He added that “this judgment confirmed that Alhaji Ali Olanusi was maltreated, abused and humiliated by the crop of lawmakers who planned and executed the illegal impeachment.
“In the judgment on Friday, Justice Muhammed Danjuma said Olanusi’s impeachment did not follow due process because he was not personally served the originating summons.
“He was also denied presentation before an panel set up to investigate the alleged gross misconduct against him.’’
Akeredolu said that “the judge maintained that Olanusi remained the Deputy Governor of Ondo State from April 27, 2015, the date he was wrongly impeached by the state House of Assembly.
“Olanusi, will therefore remain the state’s deputy governor till Feb. 24, 2017 when the tenure of the former administration will expire.’’
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Saturday, March 25, 2017
APPEAL COURT STRONGLY LAMPOONED TRIAL COURT: NULLIFIES THE IMPEACHMENT OF EX-DEPUTY GOVERNOR AND ORDERED THE IMMEDIATE PAYMENT OF ALL DUE
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| Chief Alli Olanusi, Ex-Deputy Governor , Ondo State |
The Court of Appeal sitting in Akure had on friday, 24th March, 2017 nullified the impeachment of the ex-Deputy Governor of Ondo State, Chief Alli Olanusi as it ordered the immediate payment of all his benefits, salaries, entitlement, allowances and all due to him from the day he was wrongfully impeached till its tenures expires. All benefits as the ex-deputy Governor are also to be enjoyed.
Chief Alli Olanusi was wrongfully impeached and removed from office as the deputy Governor of Ondo State on 27th April, 2015 in a rushed procedure of just one day when the constitution vide section 188(1-11) states the procedure longetivity of Seven months.
Chief Ali Olanusi was removed by an impeachment proceeding that commenced on 24th April, 2015, the 25th and 26th of April being a weekend, he was hurriwdly pronounced removed on monday 27th of April, 2016 as early as 8am by the state House of Assembly on trumped up charges after he defected from Labour Party to All Progressive Party in exercise of his constitutional right.
You will recall The the ex-Governor of The State also defected from The Labour Party to Peoples Democratic Party. The defection of the Deputy Governor triggered the a strained relationship between the ex-Governor, of the State, Dr. Olusegun Mimiko and the illegally impeached Deputy Governor.
While delivering the 79 pages judgement, the presiding Justice, Mohammed Danjuma and other members of the panel of the appeal unanimously condemned the attitude of the trial court by playing into the hands of the defendants whose aims are always to waste time. The trial court was condemned for failing to see the urgency and need to do timely justice in a case that attracts national importance and constitutionality as impeachment proceeding which is commenced by originating summons, but instead went ahead and unilaterally ordered the filing of pleadings to waste more time in the face of no dispute or contention in the affidavit evidence before it.
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| RICHARMOND Natha-Alade, from the chambers of Adeniyi Akintola (SAN) & Co., Counsel to the Appellant |
Richarmond O. Natha-Alade, the Counsel to the Appellant representing the chambers of Adeniyi Akintola (SAN) & Co, while commending the judgement describes same and a fantastically fantastic judgement. He hailed the judgement as the victory for Nigerian people and constitutionality. He expressed hope and stated, "We look forward to a date when the appellate court would have original jurisdiction on impeachment matters..."
Richarmond O. Natha-Alade stated further while addressing the three men panel "...in this court, we've seen justice in play, we've seen equity in play and by the content of this judgement, another landmark history is made, we thank your Lordships a billion time"
Chief Alli Olanusi while reacting to the judgement, expressed how happy he is to see justice done although it took about two years. He expressed disappointment over how the lower court handled the matter and how time were wasted till the tenure expired, yet, the lower court ordered the filing of pleadings in the face of no contention or serious dispute on the face of illegality perpetrated by the Defendant/Respondent to impeach him.
Chief Alli Olanusi however wished and hope that a free and uninfluenced judiciary will one day be in place for the nation Nigeria.
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Monday, March 20, 2017
JUST IN: GOV. AKEREDOLU'S CANDIDATE, COKER EMERGES ONDO ASSEMBLY SPEAKER
The Ondo house of Assembly has been opened for legislative business today 20th March, 2017.
Hon Malaki Coker, the lawmaker recognised by Governor Rotimi Akeredolu, SAN during the swearing-in ceremony for the Secretary to the State Government (SSG) and other key officials presided over the plenary.
12 out of the 13 lawmakers in the Malaki Coker group were present at the plenary.
Malaki Coker was confirmed as the Acting Speaker of the Ondo State House of Assembly by the lawmakers. Apparently the faction of the law makers loyal to the cause Jumoke Akindele were obviously absent at the plenary.
The house hence ratified the impeachment of Jumoke Akindele and other principal officers as against the earlier deal reached to commute their impeachment to resignation.
The house has adjourned sitting to tomorrow, Tuesday 21st just as it is expected that more drama may likely unfold in the next few hours or days to come.
Timenewsng
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BUHARI CAN RENOMINATE MAGU FOR CONFIRMATION- Sen. Ndume
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| Senator Mohammed Ali Ndume |
He said the president, having earlier cleared Magu based on a report by the Attorney General of the Federation (AGF), Abubakar Malami, should go ahead to stand by his conviction that the Acting Chairman of EFCC committed no infraction contrary to the allegations leveled against him by the DSS.
Ndume stated this in an interview on a television station yesterday. He said his support for Magu to continue to head the EFCC was not because he had any personal interest in him, but because of the need to sustain the momentum on the anti-corruption battle he has been fighting.
The former Senate majority leader said President Buhari should never allow any form of compromise on his commitment to the fight against corruption in Nigeria, a reason he should stick to Magu as the Chairman of the EFCC.
He also faulted the voice vote employed by the Senate President, Bukola Saraki, which led to Magu’s rejection, contending that the Senate president in line with tradition should have differed voting on Magu to another legislative day after he had been screened.
Ndume lamented that the rejection of Magu by the Senate was premeditated, wondering why it had to write to the DSS to demand for an advisory on Magu just a day to his scheduled screening.
“As a Senate, our job is limited only to confirmation of nominees. We are not supposed to investigate anybody. We are not supposed to be a court. The tradition is that if there is a nominee before us, Senators from that state will take a position and that is the first hurdle.
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FEMI FALANA, SAN REACTS: Illegal Directive and Compulsion of Senate on wearing of uniform by Nigerian Comptroller General of Customs
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| Femi Falana, SAN |
The timely reaction of the Senate to the policy of the Nigeria Customs Service to compel all vehicle owners to pay appropriate duties has once again questioned the extent of the oversight powers of the National Assembly.
In contributing to the interesting debate, I shall examine the legal validity of the policy, the legal competence of the Senate to summon the Comptroller-General of Customs (CGC) to justify the policy and the legality of the directive that he should appear before the Senate in uniform.
The illegal policy of Nigeria Customs Service on payment of appropriate duties.
We are aware that the Nigeria Customs Service has announced the suspension of the implementation of the policy to compel all vehicle owners in Nigeria to pay appropriate customs duties from March 13-April 12, 2017. Notwithstanding the suspension we deem it fit to point out that the policy is illegal as the Nigeria Customs Service is completely estopped from collecting additional duties from vehicle owners who had paid the duties charged at the time of importation. Under the doctrine of estoppel by conduct the Nigeria Customs Service cannot be permitted to deny the payment of what was charged and collected as appropriate duties from vehicle owners several years ago.
In Alhaja Abibatu Mogaji v Board of Customs (1982) 3 NCLR 552, the armed agents of the defendant invaded and raided markets in Lagos and seized contraband goods. In the process, some of the traders were brutalized. They sued the defendant for damages in the Lagos high court. Apart from condemning the violations of the traders to dignity the Lagos high court cautioned that “Those in authority in customs and excise matters ought to intensify methods for apprehending offenders at the point of entry of goods into the country as it becomes more difficult to do so afterwards.” In Margaret Stitch v Attorney-General of the Federation (1986) 2 NSSC 1389 the Supreme Court held that the appellant was only liable to pay the customs duty based upon the rate of duty payable when she imported her used Mercedes-Benz car. It was the view of the apex court that it was unjust and retrospectively punitive to impose an additional financial liability of about N13,000 on the appellant.
In view of the settled position of the law on the matter what is required on the part of the management of the Nigeria Customs Service is not a suspension of the illegal policy but its outright annulment without any further delay. Of course, the authorities of the Nigeria Customs Service cannot be precluded from arresting and prosecuting highly placed individuals who usually forge importation documents in order to evade the payment of the appropriate duties to the coffers of the Federal Government.
Incompetence of the Senate to summon CGC on policy matters
Under the pretext of exercising its oversight powers last week, the Senate summoned the CGC to appear before it to justify the policy on payment of appropriate duties from March 13-April 2017. Since he did not appear in uniform, the Senate decided to adjourn its debate on the matter to enable him to comply with the directive. In spite of the importance attached to the trifle and diversionary directive on the uniform, it is submitted that the Senate lacks the vires to summon the CGC on policy matters. Indeed the oversight power of either house of the National Assembly is not at large but limited by section 88 (2) of the Constitution to enable it to “make laws with respect to any matter within its legislative competence and correct any defects in existing laws and since the decision of the Senate has nothing to do with making laws or exposing corruption, inefficiency or waste in the disbursement of funds appropriated by it the summoning of the CGC constitutes a blatant violation of the Constitution. No doubt, the policy was designed to generate revenue for the Federal Government. To that extent the Senate may be accused of shielding criminal elements who have engaged in the evasion of the payment of customs duties. If the Senate had wanted to protect the interests of vehicle owners including themselves they ought to have entered into dialogue with the Minister of Finance. There is no legal or moral basis for the arrogance of power being displayed by the Senate whose leadership has recently being linked with the illegal importation of a bulletproof limousine with fake papers to evade the payment of appropriate customs duties.
In El-rufai v House of Representatives (2003) 46 W.R.N 70 the Court of Appeal placed heavy reliance on the case of Senate of the National Assembly v Tony Momoh where it was held that “No power exists under the section for general investigation not for personal aggrandizement of the house. So the appellants were not entitled to have invited the respondent in the first instance. In the instant case, the Senate is not conducting an investigation but challenging the policy of the Nigeria Customs Service on payment of duties. With respect., the summons served on the CGC is illegal and unconstitutional as it cannot be justified under section 88(2) of the Constitution.
Illegal directive on wearing of uniform by CGC
However, the Senate engaged in another illegality when it exceeded its powers by asking the CGC to appear before it in customs uniform. Neither the Constitution not the Rules of Procedure of the Senate has conferred on it the power to compel the CGC to wear customs union when he is not a serving customs office. Indeed, the directive is a reckless usurpation of the powers of the Board which is the only competent body to decide on the wearing of uniform by customs officer.
In many countries including South Africa, customs officers do not wear uniforms. It is on record that the first 4 heads of the Customs department in Nigeria never wore uniforms.
Under the defunct military junta, officials of the security agencies wore uniforms as they claimed that they were either military or paramilitary forces. With respect to the customs service, its officers are required to wear uniforms in accordance with section 8 of the Customs Excise and Preventive Service Regulations which provides that “clothing and equipment shall be of such pattern and worn in such manner as the board shall determine.” The suit challenging the legal validity of Col Hameed Ali’s appointment has been dismissed on the ground that the President has the power to appoint a non-customs officer to head the customs service. Since a competent court has held that he is not a customs officer Col. Ali cannot be made to wear any uniform by the Senate.
If I am said to be wrong I challenge the Senate to refer to any law that supports the wearing of uniform by the head of the customs service who is not a serving customs officer. The EFCC has been headed by 3 serving police officers and a retired police officer but the Senate never mandated any of them to wear uniform whenever they appeared before it. Even the embattled acting chairman of the EFCC, Mr. Ibrahim Magu who appeared for confirmation in the Senate last week was not directed to wear his uniform even though he is a serving police officer.
I should not be understood as saying that the Senate deserves to be treated with disdain. All I am saying is that the Senate should have appreciated the limit of its powers under the Constitution. Thus, instead of playing into the hands of the CGC by invoking the provision of Section 88 of the Constitution the Senate could have summoned the Minister of Finance to justify the policy of the Nigeria Customs Service, a parastatal under her supervision. That would have been in consonance with section 67 (2) of the Constitution which has imposed a duty on every Minister to attend either House of the National Assembly to explain “the conduct of his Ministry, and in particular when the affairs of the Ministry are under discussion.”
Finally, the Nigeria Customs Service should be directed by the Minister of Finance to cancel the illegal policy on payment of appropriate excise duties. If the federal government remains recalcitrant on the matter, we shall not hesitate to challenge the policy at the Federal High Court. However, if the federal government is seriously committed to ending the importation of vehicles into Nigeria via neighboring countries it should direct the Nigeria Customs Service to reduce the prohibitive duties charged on imported vehicles.
thenigerialawyer
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JAMES IBORI FILES APPEAL AGAINST HIS UK CONVICTION
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| Ex-convict, James Ibori in UK Prison |
Chief James Onanefe Ibori, has filed a full appeal in the British Court of Appeal against his 2012 conviction.
A statement from Ibori’s Media Assistant, Tony Eluemunor, said Mr Ibori’s counsel informed the Southwark London court on Friday March 17, 2017, that they have filed the appeal on Ibori’s behalf. As a result, the court then indefinitely adjourned the on-going proceedings concerning the second confiscation hearing.
The original three-week confiscation hearing before Judge Pitts in September 2013 was unable to make any finding of theft from the Delta State.
The British Crown Prosecution Service (CPS) has, since February 2016 been undertaking a mammoth disclosure exercise and so far substantial material evidencing the police corruption and misconduct has been disclosed. The CPS has gagged the media from reporting on this.
David Rose of the London Mail and Sunday newspaper as well as other Reporters have made applications in open court for the release of this material. Mr. Rose, for instance, argued it is in the public interest to do so, as the Ibori and linked cases are said to have been corrupted by Metropolitan Police corruption, prosecution misconduct and significant non-disclosure of key material which undermines the convictions.
For instance, a BBC report of July 2, 2016, titled “Ibori lawyer awarded £20,000 by Crown Prosecution Service” mentioned police and prosecution’s misbehavior as well as their massive misleading of the courts. According to the report, “The extraordinary payment is just the latest twist in a legal case that has led to investigations into allegations of police corruption and a cover-up of key evidence”.
The BBC report continued: “In May (2016), the CPS acknowledged that it had intelligence that “supports the assertion” that a Metropolitan Police officer was paid for information.
On Tuesday 7 June 2016, Stephen Kamlish, QC, representing BhadreshGohil submitted further corroboration of the serious misconduct by the prosecutors in the case – Sasha Wass QC and Esther Shutzer-Weissman- and how both knowingly conspired to pervert the course of justice by orchestrating a cover-up of the corruption and their own past misconducts. However, the most shocking episode concerns the willful misleading of the Court of Appeal in the Gohil appeal of 2014. When main stream British media , The Times, Guardian, Sun, Telegraph, etc, focused public interest on the misconducts, the National Crime Agency (NCA)conducted an inquiry opened an inquiry.
Mid-September 2016, the NCA’s report appeared; it confirmed that police officers, working within the elite Department for International Development-funded Police Unit, were corrupt, and had withheld substantial material from the defenceteams, but bizarrely stated that the convictions of James Ibori and others including BhadreshGohil“are safe” – though obtained through acts that clearly fall below the high standards of the British legal system. This conclusion will now be challenged by the appeal process, not only by Chief Ibori but also by all other defendants.
Most of all, in a London-based Ben TV interview, Mr. Lambertus de Boer, one of the bankers jailed in the case has dropped this bombshell: “DfID entered into an agreement with the Nigerian Authorities in 2005 claiming the first £25m from all funds recovered during confiscation proceedings from Ibori and Ibori linked cases…” would be paid to DfID before a penny is returned to Nigeria”.
Commenting on this disclosure, a Nigerian newspaper commentator said: “So, a treasure hunt is on. No wonder the Crown Prosecution Service’s (CPS) public statements have been exceptionally misleading. DfID/CPS have repeatedly claimed that some $250 million was alleged to have been stolen by Ibori from Delta State. But at the 2013 Ibori confiscation hearing at Southwark Crown Court, it became clear that His Honour Judge Anthony Pitts, having heard the underlying evidence, was unable to make any such findings in relation to the DfID/POCU allegations. So, the Judge could not deliver a ruling; instead he ordered a new trial even though the prosecution and the defense had made their final submissions”.
De Boer, who has maintained his innocence, claimed that he is a victim of the same DfID-funded corrupt Metropolitan Police Service (“MPS”) and Crown Prosecution as was BhadreshGohil, a co-defendant in the V-Mobile transaction and have appealed against their convictions.
‘’My appeal is based not only on the staggering police corruption but also given the heretofore non-disclosed material which clearly demonstrates the absence of any fraud/money laundering in the V-Mobile Case, it is now clear that prior to the commencement of the original December 2010 V Mobile trial, we were denied proper disclosure”, De Boer explained.
De Boer continued: “The catalogue of lies and deceptions by officers of the Met police is currently under an internal investigation. The evidence shows numerous sworn Witness statements by police officers which contradict each other. In a brazen attempt to win this matter the Met police ignored all establish procedures and guidelines, instead choosing to manipulate the evidence to suit the purpose.
The Metropolitan Police dishonesty began early in the proceedings. Transcripts reveal as early as October 2007 in the original restraint proceedings, DC McDonald was openly caught lying in cross examination before HHJ Hardy at Southwark Crown Court. What is however clear is that the degree of mischief, created by the Met police, has been considerable”.
Ibori’s appeal is expected to follow the arguments Mr. Gohil and De Boer opened even as it will open several new ones. The truth will now all unravel.
Vanguard
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EL-RUFAI MEMO: APC REACTS
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| APC Chairman, Dr John Oyegun |
The APC has reacted to the memo written by the Governor of Kaduna State, Nasir El-Rufai. In reaction to the said memo, the APC Chairman, Chief John Oyegun issued the following statements:
“We will study it and comment later publicly. We thought it was a private memo to the President, but we will look at it and if we have any suggestions to make, we will make them later. It concerns Nigerians and his legitimate views, which he has expressed. We will see how it concerns us, the party and the nation and if there is need, we will comment on it subsequently"
Also, the APC spokesperson, Mr Bolaji Abdullahi in his own words stated that, “We are just studying it and we will respond very soon. It is a 30 -page memo, therefore we have to study it conclusively"
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MAGU LETTER TO THE AGF ON DSS ALLEGATION- My Own Story
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| EFCC Ag. Chairman, Mr. Ibrahim Magu |
EFCC/EC/JUS/07/263 21st December, 2016
THE HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
Federal Ministry of Justice,
Shehu Shagari Way,
Abuja.
RE: REQUEST FOR COMMENTS
RE: REPORT BY THE DEPARTMENT OF STATE SERVICES
I most respectfully refer to your letter referenced HAGF/EFCC/2016/Vol.1/23 dated 19th December, 2016, asking me to respond within 48 hours to the allegations contained in a report written by the Department of State Service, DSS, and which provided the basis for the non-consideration of my confirmation on December 15, 2016, by the Senate.
2. Having carefully considered all the issues, I hereby present a point-by-point response as follows:
i. Missing EFCC Files
It is true that my residence was searched on the orders of Mrs. Farida Waziri, shortly after she succeeded Mallam Nuhu Ribadu as Chairman of the EFCC and some documents relating to cases under investigation were found in my house. At the time of the raid, I was yet to formally hand over to my successor, Umar Sanda, as head of the Economic Governance Unit.
My schedule at the time warranted that I work round the clock and it was impossible to conclude all assignments without working at home. The documents found in my house were actually found in my office bag where I kept documents relating to investigations. I was in the process of handing over and it would be wrong to suggest that I willfully kept the Commission’s files at home.
Nevertheless, the incident was thoroughly investigated by the police as I was placed on suspension without pay for 20 months. But in the end, I was reprimanded, recalled and promoted to Assistant Commissioner of Police.
It is important sir, to draw your attention to the fact that some of us that worked closely with Ribadu were victimized after his exit. And my ordeal was orchestrated as punishment for being the chief investigative officer for most of the high profile cases involving politically exposed persons some of whom became very influential in government at the time.
ii. Return to EFCC under Lamorde
I was Assistant Commissioner of Police in Charge of Operations at the Anambra State Police Command when I was recalled to the EFCC in 2012. I did not lobby to return to the EFCC. It is preposterous for anyone to suggest that I was recalled to do a hatchet job for Lamorde as alleged in the DSS Report. My job schedule as Deputy Director, Department of Internal Affairs, under Lamorde, was simply handling issues of professional responsibility in the Commission. I had no inputs in core operations duties of the Commission.
iii. Tenancy of My Official Residence
I live in the official residence of the Chairman of the Economic and Financial Crimes Commission (EFCC). This accommodation, contrary to the report of the DSS is not my private home, neither was it rented and furnished for me by Commodore Umar Mohammed (rtd). It was rented and furnished by the Ministry of the Federal Capital Territory through the Abuja Metropolitan Management Council, under the safe house scheme.
It is also false that the house was rented for N20million per annum and furnished for N43million. The entire cost for both two-year rent and the furnishing of the house is N39.628million.
Details of the transaction are contained in the contract award letter and payment schedule which are attached to this letter.
iv. Expensive Air Travels
Honourable Minister, the claim that I have a penchant for expensive air travels in a private jet belonging to Commodore Mohammed is baseless The two times I can recall travelling in Commodore Umar’s aircraft, were on a trip from Kano to Abuja, and Abuja to Maiduguri. In the first instance, I had gone to Kano on an official assignment with two of my directors, and Mohammed who was on his way back to Abuja offered us a ride in his jet. The second occasion was when I was going to see my sick mother in Maiduguri. These, for me, were harmless gesture as we were both members of the presidential investigative committee on arms procurement. At the time I had no knowledge that he was under investigation for any alleged crimes.
Claims that I flew in Mohammed’s jet to Maiduguri in company of the Managing Director of Fidelity Bank, Nnamdi Okonkwo is false. I have never flown in a private aircraft with any managing director of any bank let alone one that was under investigation by my agency. I have no personal relationship whatsoever with him.
v. High Profile/Dual Lifestyle
The allegation that I live a flamboyant lifestyle is also surprising to me. While it is true that I did travel first class on Emirates Airline to Saudi Arabia for Umrah, this action to the best of my knowledge, did not contravene the directive of Mr. President on First Class travels as suggested by the DSS Report.
My trip to Saudi Arabia was a private journey to perform my religious obligation and it was not financed with public funds. More importantly, my decision to fly first class was not borne out of quest for luxury but compelled by necessity. The trip was made during the last ten days of the Ramadan and other classes of ticket were not availbale.I had no other choice
That I flew first class in one instance is not enough evidence to suggest an extravagant lifestyle as alleged by the DSS Report. It is also not enough to suggest a dual personality. Any one that has associated closely with me will attest to the fact that I am not known for ostentatious living. And my new office as acting chairman of the EFCC has not changed this.
vi. Mutually Beneficial Relationship with Commodore Mohammed Umar (rtd)
Sir, it is important to situate my relationship with Commodore Mohammed Umar (rtd), in proper perspective. Our paths crossed when we became members of the Presidential Committee on the investigation on arms procurement. He was instrumental in getting some of the information that helped the committee to make significant breakthrough in its assignment.
Beyond that, the relationship between Umar and myself is one of professional acquaintance, devoid of issues of conflict of interest. So, it comes to me with shock, the imputation by the DSS that we have a “mutually beneficial relationship”. This appears suggestive that Mohammed and I were involved in activities that could be said to be untoward. I certainly have no knowledge of such activities.
The claim that EFCC documents, including EFCC letters addressed to the Vice President and being investigation reports on the activities of Emmanuel Kachikwu and his brother Demebi Kachikwu, were found in his home during a search by the DSS came to me as a surprise. If that is correct, he should be made to disclose how he came by such documents. I never discussed my official duties with him let alone give him documents pertaining to investigations being conducted by the Commission.
Interestingly, Mohammed was detained for several months by the DSS. In all those months, did he claim that I mandated him to commit any crime or that I was an accomplice to any crime? If there is any such claim, I will wholeheartedly like to be confronted with the allegation.
It is interesting to note that when Mohammed was eventually charged to court, the charges against him were money laundering and illegal possession of firearms, and nothing related to my purported “shady” relationship with him.
vii. Perceived Reluctance to Arraign Vice Marshall Adesola Amosun
The DSS Report that the reason EFCC delayed the arraignment of a former Chief of Air Staff, Air Vice Marshall Adesola Amosun, was because Mohammed never wanted Amosun to be prosecuted is astonishing. Anyone familiar with the EFCC under my watch knows that I perform my duties with the highest sense of responsibility. The reason Amosun was not arraigned when the likes of Alex Badeh and Umar were arraigned was because he cooperated with the Commission in terms of assisting the process of recovering the proceeds of crime.
Indeed, among the suspects arrested over the arms procurement scandal, he was most cooperative. The Commission recovered N2.835billion cash from him, aside from property worth One Billion Five Hundred and Eighty One Million Naira (N1,581, 000, 000), Two Million One Hundred and Fifty Thousand United States Dollars ($2,150, 000) and One Million Pounds Sterling (£1, 000, 000).
Since a key focus of the investigation was to recover as much proceeds of crime as possible, the Commission took its time to ensure it had recovered what was possible before arraigning the suspect in court. This had nothing to do with the wish of any individual. Moreover, the suspect has since been arraigned before a court of competent jurisdiction.
viii. Alleged Vendetta Against Stanley Lawson
The suggestion by the DSS Report that Stanley Lawson, a former Group Executive Director of the Nigerian National Petroleum Corporation (NNPC) was placed on a watch list, to settle scores with him is strange. It may interest you to know that I do not know Stanley Lawson personally and could not be settling personal scores by framing somebody that I do not know.
Lawson’s encounter with the EFCC is in relation to the investigation into the mismanagement of $118million public funds for electioneering campaign involving former petroleum resources minister, Diezani Alison Madueke. It was discovered that he made payment of $25million into Fidelity Bank and also facilitated the purchase of Ogeyi Place Le Meridien Hotel in Port Harcourt for Mrs. Alison Madueke, for which he collected Ninety Four Million Five Hundred and Sixteen Thousand Naira (N94, 516,000) as commission. Lawson was arrested and he made a refund of the N94.5million traced to him. He was never placed on any watch list.
ix. Work through Police Cronies in EFCC
I do not understand what the report meant by working with cronies. If what was implied is that I have preferred officers that I work with and who go about their work in unethical manner, my response is that nothing of such exists in the EFCC. Officers who work with me know that the easiest way to lose your job is to be found to be involved in unethical or corrupt activities. Indeed, when I assumed office as acting chairman, my first action was to return police officers with integrity issues back to the Nigeria Police Force. If the DSS finds that there are police officers in the EFCC who are working closely with me and have properties that their incomes cannot support, the Service is at liberty to expose them.
3. Conclusion
Honourable Minister, Sir, I invite you to take notice of the fact that the DSS authored two separate vetting reports on me, one referenced SV.114/3 addressed to the Clerk of the National Assembly and the other referenced SV.114/3 addressed to the Senior Special Assistant to the President on National Assembly Matters (Senate). Both letters were dated 3rd October, 2016, and signed by the same Officer, Folashade Bello, on behalf of the Director General. While one of the reports advised the senate against my confirmation, the other asked it to favourably consider my confirmation. The two reports emanating from the same agency raises questions of sincerity and motive.
You will want to find out why they came up with two conflicting reports on the same subject on the same day.
It is important to note that in all this, I was not given the opportunity of fair hearing.
Above all sir, I am persuaded by my conviction in my innocence that in all the issues supposedly raised against me, no one has accused me of receiving gratification to act against my conscience or the interest of the country.
I have attached to this letter all supporting documents and materials that would enable you arrive at fair position on all the issues raised.
4. Be assured of my usual respect and highest consideration.
IBRAHIM MAGU
Ag. EXECUTIVE CHAIRMAN
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