Category Judiciary

Ex-convict, another bag 4 and half years, 40 strokes for stealing motorcycle

Convict

By Amen Gajira

Kafanchan (Kaduna State), April 2, 2020 (NAN) A Chief Magistrates’ Court in Kafanchan, Kaduna State has sentenced a 30-year-old ex-convict, Bege Adamu, to three years in a correctional facility for stealing a motorcycle.

Adamu was docked alongside Joefrey John who was handed a one and half year jail term or fine of N100, 000.

The Presiding Judge, Abdulaziz Ibrahim, also ordered the two accused persons to be given 20 strokes of the cane each.

The Police Prosecutor, Insp. Esther Bishen, had told the court that one Ishaya James of Ungwan Masara, Kafanchan, reported the matter at the station on March 23.

Bishen said the complainant, a commercial motorcycle rider, alleged that he was going about his business at about 7:30pm on March 20 when the two accused persons flagged him down to convey them to Zauru.

She said that while in motion, the two accused persons were said to have pushed the complainant off his bike and zoomed off to an unknown destination.

According to her, police investigation revealed that the two accused persons stole the bike and gave it to one Kalu Obioma, now at large.

She said the actions of the accused persons amounted to criminal conspiracy and theft, contrary to Sections 58 and 270 of the Kaduna State Penal Code Law.

When the charges were read to them, they both pleaded guilty and begged the court for leniency.

The prosecution thereafter prayed the court to try them summarily in line with Section 125 (8) of the Administration of Criminal Justice Law. (NAN)

AMEN/FF/DCU

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Edited by Fela Fashoro/Donald Ugwu

Truck driver bags 9-years imprisonment for crushing man to death

Sentence
By Joy Akinsanya
Abeokuta, April, 2, 2020 (NAN) An Abeokuta High Court on Thursday sentenced a truck driver, Oyelami Adewale, to nine years imprisonment for driving dangerously and killing one Tunde Abdul.

Delivering judgment, Justice Patricia Oduniyi convicted Adewale on a two-count charge of dangerous driving and murder

Oduniyi held that the prosecution proved its case beyond reasonable doubts.

She held that the evidence presented by the prosecution was tenable and therefore, sentenced Adewale to seven-years imprisonment for the first count of causing death through dangerous driving.

Oduniyi also sentenced the convict to another two years for the second count, for driving dangerously in the public high way.

She, however, said the jail sentence was to run consecutively.

The prosecuting counsel, J.O Mafe, said the convict committed the offence on Aug. 15, 2015 at Km 34 Alapako area on Ibadan/Lagos expressway off Ogun Federal highway in Abeokuta.

Mafe said the convict who was a truck driver, drove his truck with reg. no. Osun PRN 123 XA recklessly and hit Abdul which caused his untimely death.

He said the offence committed contravened sections 316, and 319 of the Criminal Code, laws of Ogun 2006.
IOJ/CHIN/DCU

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Edited by Chinyere Bassey/Donald Ugwu

Violation

By Edith Nwapi

Abuja, April 1, 2020 (NAN) The National Human Rights Commission ( NHRC) on Wednesday urged members of the public to report all cases of human rights violations during the enforcement of the lockdown order.

The advice was given in a statement by Tony Ojukwu, Executive Secretary of the Commission in Abuja in line with the enforcement of lockdown order in Lagos , Ogun anf FCT.

Ojukwu stated that following reports of alleged human rights violations by security operatives enforcing the lockdown order, the Commission has directed it’s staff to monitor and document all cases of human rights violations across the country for necessary action.

He also directed members of the public to report by telephone calls or text messages or video to relevant staff of the Commission and ensure that such reports include the location of the violation.

“Members of the public should include date, time of such violations including a clear description of alleged violators and their victims, their gender and vulnerability  (if possible, name,  Sex,  rank and security outfit of security personnel or official.

“All complaints of human rights violations should be reported to the commission for documentation and directed for redress to the Commissioners of Police FCT on 08033438900 or CP Lagos: 08033438179  and CP Ogun: 08033438900

“Similarly, any complaints of violations involving the Military should be reported to the Commission for documentation and directed for redress to the Director Army,Civil Military Affairs: 08057750691,” he said.

Ojukwu also called on  the Commissioners of police of the various  states and the offices of the Commission across the country .

The NHRC had on the March 30, called on law enforcement agencies to refrain from all forms of torture, inhuman and degrading treatment of Nigerians in the enforcement of the order.

He stated further that  the directives of the Government is in line with the Anti Torture Act of 2017 and Convention Against Torture, to which Nigeria is a party.

Ojukwu lamented that reports coming to the commission indicated that some security operatives were openly torturing and violating the rights of citizens in flagrant disregard to rules of their  engagements, the laws of Nigeria and its international Obligations.

The Numbers designated by the NHRC for reporting and documenting human rights violations during the enforcement of the lockdown order  are: 08037875427, 08179371339, 08034354537 and  07033398657

The commission also urged members of the public and bystanders and eyewitnesses  who can get video coverage of any violations to forward same to the said numbers by WhatsApp giving as much detail as possible to help locate and hold accountable violating law enforcement officials.

The Commission therefore enjoined all citizens in the affected states to comply with the Covid-19 directives to protect their rights to health and that of others (NAN )

NEO/SH

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Edited by Sadiya Hamza

Restriction

By Ebere Agozie

Abuja, March 30, 2020(NAN) The Attorney-General of the Federation, Abubakar Malami, SAN, says President Muhammadu Buhari’s declaration of Lagos, Abuja and Ogun under lockdown to help stop the spread of coronavirus in the country is valid, legal and enforceable.

Malami said this in a statement he issued on Monday in Abuja while reacting to Mr Ebun Olu-Adegboruwa, SAN, on his criticism of President Buhari’s proclamation on restriction of movement on account of COVID-19.

NAN reports that President Buhari in a Nationwide address on Sunday, ordered a lockdown Lagos, Ogun and Abuja over the spread of COVID-19 with effect from 11 p.m. on Monday, for 14 days.

“Mr Olu-Adegboruwa is wrong and misconstrued the law of sections 5, 14, 20 and 45 of the 1999 Constitution of the Federal Republic of Nigeria and Sections 2, 6 and 8 of the Quarantine Act, as well as Article 4 of the International Covenant on Civil and Political Rights and Article 11 on Human and Peoples Rights which make the declaration by His Excellency the President, valid, legal and enforceable’’.

“Ebun Olu-Adegboruwa had claimed that the president lacked the powers to restrict movements in any part of the country without the consent of the National Assembly.

“I wish to note that he did not state any constitutional or statutory provision which the president has breached in the present circumstances.

“It is important to inform the discerning members of the public that the president did not make a declaration of a State of Emergency under Section 305(1) of the 1999 Constitution (as amended) which would have required the concurrence of both Houses of the National Assembly.

Malami said that even at that Section 305(6)(b) of the 1999 Constitution (as amended) permits a proclamation of a State of emergency to run for a period of 10 days without the approval of the National Assembly when the parliament is not in session as in the present situation wherein the National Assembly has shut down.

He said the learned silk also goofed when he questioned the president’s powers to restrict movement and claiming that such powers can only be exercised by the State Governors and the respective State Assemblies.

“It is clear from the president’s broadcast that what His Excellency sought to address is a public emergency occasioned by a dangerous and infectious corona virus disease.

“The restriction of movement came on the heels of advice received by the president from the Federal Ministry of Health and the NCDC, the two focal agencies in the fight against COVID-19.

“It therefore becomes obvious and clear that the restriction order is part of a national quarantine measure’’.

He said that the patriotic step taken by Mr President in overriding national interest has been subjected to attack for allegedly being illegal.

“The correct position remains that the President acted legally under the powers conferred on him by the Quarantine Act 1990 CAP 384 LFN whose Long Title reads:

“An Act to provide for and regulate the imposition of quarantine and to make other provisions for preventing the introduction into and spread in Nigeria, and the transmission from Nigeria, of dangerous infectious diseases.

“It is not in doubt that COVID-19 is an infectious disease of a contagious nature which the president has rightly declared under Section 2 of the Quarantine Act to be a dangerous infectious disease.

“Section 3 of the Act enables the president to declare any part of Nigeria as an infected area. Section 4 of the Act further empowers the president to make regulations to prevent the introduction, spread and transmission of any dangerous infectious disease.

“Section 6 of the Act requires the President and State Governors to provide sanitary stations, buildings and equipment’’.

According to Malami, `in recognition of the critical roles being played by the state governors in these trying times, the federal government has been working with the States in line with the dictates of Section 6 of the Act.

“To this end the federal government is providing a financial stimulus to the Lagos State Government in the sum of N10 billion and to the NCDC in the sum of N6.5 billion for the benefit of the entire 36 States and the FCT.

“I also wish to draw the attention of the public to the provisions of Section 8 of the Quarantine Act which clearly gives high precedence to the President above State Governors in responding to matters of public health’’.

The AGF said that no role is conferred on the State Houses of Assembly under the Act. Section 8 reads thus:

“If and to the extent that any declaration under section 2 or 3 of this Act has not been made, and to the extent that regulations under section 4 of this Act have not been made by the President, power to make any such declaration and to make such regulations may be exercised in respect of a State, by the governor thereof as fully as such power may be exercised by the President, and subject to the same conditions and limitations.

“The President has notified the concerned States and the total restriction of movement as ordered by the President has not been previously made or implemented in any of the affected areas (Lagos, Ogun and FCT).

“It is therefore erroneous and mischievous for anyone to claim that the President is usurping the powers of State Governors and State Houses of Assembly’’.

He said the foregoing is strengthened by the fact that Quarantine is one of the items under the Exclusive Legislative List under the 1999 Constitution which means that a State House of Assembly cannot legislate on it.

“The above notwithstanding, going by the doctrine of covering the field, the President did not violate any law.

“The provisions of the Quarantine Act above enjoy constitutional backing under Section 45(1)(a) of the 1999 Constitution being a law that is reasonably justifiable in a democratic society in the interest of public health.

“Furthermore, it is common knowledge that COVID-19 is a global pandemic that is crippling nations and economies, therefore, stringent measures at the national level are required.

“This is not a situation whereby the federal government is expected to wait for state governments to act first’’.

Malami said that the International Treaties to which Nigeria is signatory, recognise the need to depart or derogate from fundamental rights.

“Especially freedom of movement obligations in deserving situations such as public health – see Article 4 of the International Covenant on Civil and Political Rights, Article 11 of the African Charter on Human and Peoples’ Rights.

“It is also remarkable to note that the President has so far acted in accordance with the executive powers of the Federation conferred on him under Section 5(1) of the 1999 Constitution (as amended) as well as the provisions of Section 14(2)(b) which provides that the security and welfare of the people shall be the primary purpose of government.

“In the same vein Section 20 of the 1999 Constitution (as amended) requires the State to protect the environment and safeguard the water, air and land of the country’’.

He said that this is not the time for technicalities or legal theatrics rather it is a time to stay safe and stay alive.

“I therefore enjoin all persons, entities and authorities to ensure strict compliance with the restriction order and the exemptions thereto as issued by the President in the overall good of our people and dear nation’’. (NAN)

EPA/SH

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edited by Sadiya Hamza

Lockdown: Lagos response team to use technology to track sexual violence

By Moji Eniola

Lagos, March 30, 2020 (NAN) The Lagos State Domestic and Sexual Violence Response Team (DSVRT) is set to use technology to aid victims of domestic and sexual violence.

The News Agency of Nigeria (NAN) reports that President Muhammadu Buhari, while addressing the nation on March 29, ordered a two-week lockdown of Lagos, Ogun and Abuja to curb the spread of COVID-19.

The Coordinator of the DSVRT, Mrs Titilola Vivour-Adeniyi, told the News Agency of Nigeria (NAN) on Monday  that there had been a rise in the number of distress calls to DSVRT hotlines.

“We have to take advantage of technology as much as possible. We have gone online now, we are attending to clients via our email, social media and our hotline.

“We are doing a lot of conference calls, speaking to both the alleged abuser and victim, we are doing referrals to the closest family support units at police stations, because some of them are still operational.

“We are doing a lot of counselling, we have our clinical psychologists speaking to victims, but what we are really advocating for safety.

“If any one feels that she is at risk of domestic violence, she should at least go to a trusted family member to stay,” she said.

The DSVRT coordinator said that the organisation had in the past week housed survivors of domestic and sexual abuse.

“With this imminent lockdown, we do not know how movement will be.

“If we cannot move people into shelters this period, we are advocating that people should  take advantage of their support system such as a trusted family member.

“I will like to encourage family members to check on the welfare of relatives whose spouses are abusive.

“Please, do not send a text or WhatsApp message; rather, give them a telephone or video call,” she said.

Vivour-Adeniyi said that such care would  restrain abusers since they would be aware that there is a support system on the lookout for any form of crime by them against survivors.

She said the DSVRT could be contacted via www.dsvrtlagos.org or via  hotlines on 08137960048, 09062887843 or 09062887869 while the DSVRT psychologists could be reached on 09062887865 and 09062887844.

In a similar development, Mr Ebenezer Omejalile, Operations Manager, Advocates for Children and Vulnerable Persons Network, has said the  movement restriction had adversely affected the NGO’s responses to cases of abuse.

He said there had been a rise in complaints received by his organisation as perpetrators of abuse were taking advantage of it to commit gender-based violence.

Omejalile told NAN that  in spite of the restriction, the NGO had found various ways to provide support for victims of sexual and domestic abuse in Lagos.

“What we now do is that we call the social worker who lives closest to the area of the distress call to attend to the survivor.

“We also counsel the survivor(s) over the  telephone or we do a conference call or a video call; that is how we have been able to reach out to them  this period,” Omejalile said. (NAN)

MAE/KTO/IGO
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Edited by Kamal Tayo Oropo/Ijeoma Popoola

Court grants bail to Imam, 4 others accused of holding Friday prayers in Kaduna

Arraignment

By Sani Abdulrahman

Kaduna, March 30, 2020 (NAN) A Magistrate Court in Kaduna, on Monday, ordered the remand of an Islamic cleric, Aminu Umar, and four others accused of conducting a marriage ceremony and holding Friday prayers in defiance of the curfew imposed by Kaduna State Government.

Umar, the Deputy Imam of Shekara Mosque, Malali, Kaduna, and Habibu Garba, Dauda Saidu, Rabiu Ahmad and Yusuf Usman, were arraigned for allegedly violating the law prohibiting religious and other gatherings because of Covid -19 pandemic.

The state Director of Public Prosecution, Mr Bayero Dari, told the court that the accused persons were arrested at Malali Central Mosque, Unguan Shekara, conducting Friday congressional prayers and a wedding.

He said the offense contravened sections 35 and 36 (5) of the Kaduna Penal Code Laws and the 1999 constitution as amended.

However, the defendants, pleaded not guilty to the charges of criminal conspiracy and disobedience to the law.

Their Counsel, Mr Abdulbasit Sulaiman, asked the court to grant his clients bail in liberal terms.

He promised that the defendants would be of good behavior and would not interfere with investigation into the case.

The Magistrate, Malam Musa Lawal, granted the defendants N1 million bail each and ordered each of them to provide two reliable sureties.

According to the magistrate, one of the two sureties must be a close relative while the other must be a traditional title holder recognized by the state government.

“The sureties must include a traditional title holder who is recognized by the Kaduna State Government and must submit two passport photographs and an official identity card,” Lawal said.

He adjourned the case to April 29, for continuation of hearing.(NAN)
SA/AOS/MZA
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Edited by Bayo Sekoni/Maharazu Ahmed

Remand

By Sani Abdulrahman

Kaduna, March 30, 2020(NAN) A Chief Magistrates’ Court sitting in Ibrahim Taiwo road, Kaduna State, on Monday admitted a cleric, Muhammad Umar, who allegedly  violated  the restriction order to curb the  Coronavirus (Covid-19), to bail in the sum of N1 million.

Umar, alongside Yusuf Hamza, Muhammad Ubale, Auwal Shuaibu who all reside at Unguan Kanawa, Kaduna, are charged with criminal conspiracy and disobedience to the law.

Magistrate Ibrahim Musa, also admitted Hamza, Ubale and Shuaibu to bail in the sum of N1 million each.

Musa ordered the defendants to produce two reliable sureties each who must be residents of Kaduna.

“I am remanding you in police custody instead of the correctional centre because of the covid-19 virus pending fulfillment of your bail conditions, the Judge said.

“The sureties must also be Government workers who are not below level 14 and must have valid identification and bank account which must have at least have up to N1 million.

Earlier, the Kaduna Director of Public Prosecution, Bayero Dari, said the offence contravened the provisions of sections 59 and 115 of the Kaduna State criminal code law.

He said that on March 29, at about 4.30p.m. the case was transferred to the Kaduna Police Criminal Investigation Department (CID) by the divisional police officer (DPO) of Kawo, Kaduna.

“On March 27, information was received that on the same day the chief imam of Unguan Kanawa, Kaduna, Malam Muhammad Umar, led the other three defendants and 17 other people for Zuhur (Second daily prayer) prayers.

He prayed the court to adjourn the case to enable him provide witnesses .

In his plea, counsel to the defendants, Abdulbasit Sulaiman, prayed the court to grant bail to his clients on liberal terms.

“I humbly apply that my clients be granted bail on liberal terms under sections 35, 36 (5) of the 1999 constitution as amended.

“We promise they will be of good behaviors and would not interfere in the investigation processes, it would be harmful for them to be sent to correctional centres at this critical time”, Sulaiman said.(NAN)

SA/SH
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edited by Sadiya Hamza

Tips

By Sandra Umeh

Lagos, March 30, (NAN) The Association of Lawyers with Disabilities in Nigeria (ALDIN), has called for the development of special sign languages to transmit safety health tips on COVID-19 to persons living with disabilities.

Messrs Daniel Onwe and Gaius Ogah, the association’s President and Secretary respectively, made the call in a statement issued to newsmen in Lagos.

According to ALDIN, there is a need for television stations to engage the services of sign language interpreters for the benefit of disabled persons like the deaf.

“They are also major stakeholders.

“The COVID-19 pandemic has put us in an extraordinarily trying time, which requires extraordinary actions.

“ALDIN, however, noticed with dismay that most of the safety briefings on television do not factor in the peculiarities of persons with disabilities, particularly the deaf, who require sign language interpretation.

“The necessary correction should be taken by engaging sign language interpreters in all such briefings, as is the case in other countries.

“The fact that majority of Nigerians eke out a living one day at a time should also be kept in focus.

“Government at all levels, in collaboration with volunteer NGOs, religions bodies and kind-hearted individuals, should quickly plan for the distribution of food and other basic amenities to the people, with particular attention on the vulnerable.

“This will give everyone the needed comfort to comply with a total lockdown.

“There is no time that the saying ‘prevention is better than cure’ is more apt than now.

“The cost of maintaining people at home will be much less than the cost of treating them of COVID-19,’’ it said.

ALDIN expressed optimism that Nigerians, and indeed the world, would come out of the crisis as better people. (NAN)

UNS/AIB/MZA
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Edited by Abdulfatah Babatunde/Maharazu Ahmed

COVID-19
By Deborah Akpede
Lagos, March 30, 2020(NAN) President Muhammadu Buhari’s  two-week shutdown order in Lagos, Abuja and Ogun State, action in the right direction.

NAN reports that President Buhari, in a presidential broadcast on the COVID-19 pandemic, on Sunday, said: “Based on the advice of the Federal Ministry of Health and the NCDC, I am directing the cessation of all movements in Lagos and the FCT for an initial period of 14 days with effect from 11pm on Monday, March 30, 2020.

”This restriction will also apply to Ogun State due to its close proximity to Lagos and the high traffic between the two states”.

Speaking to with the News Agency of Nigeria(NAN) on Monday in Lagos, Mr Isaiah Ode, a legal practitioner, said that the president took the right decision to issue a lockdown to stop the spread of the Coronavirus (Covid-19) .

“This is a welcomed development as part of measures to curb the spread of coronavirus.

“Even though the closure will bring a big set back to the economy individually and collectively, it is a necessary step to save lives.

“Buhari has shown great commitment and concern to safeguard the health of the citizens.”
Ode advised other states who are yet to shut down their states should follow suit.

“Governors do not need to wait for the president’s directives to take action, few states have already locked down while others especially those who are yet to record the virus are yet to.

“Why must you wait for things to get out of hands before taking measures, prevention is better than cure.

“Although this action will cause inconveniences to many citizens as many have been derived of their daily bread but this is the sacrifice we must make to fight this disease haunting the world.

“We shall overcome the pandemic and come out stronger as a nation.”

He urged the president to put a clear palliative measures in place as many Nigerians are purely daily hustlers.

Another lawyer, Mr Samuel Ajayi, said:” the lockdown is the best option for the country.

“Our president has spoken well, some of the measures he pronounced are great steps to stem the spread of this deadly disease.”

Ajayi urged residents to comply with precautionary guidelines to curtail virus spread

“I pray to God that all the measures being put in place by the government yield the desired result of containing the spread of the pandemic.” he said.

NAN reports that as at March 29 at 09:30pm, the Nigeria Centre for Disease Control (NCDC) confirmed 14 new cases in Nigeria bringing the total number to 111.(NAN)
DOA/SH

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edited by Sadiya Hamza