Headlines
FG Takes Kanu to Supreme Court, Says IPOB Leader a Flight Risk
The Federal Government has filed seven grounds of appeal against the October 13 Court of Appeal judgment which discharged the leader of the Indigenous People of Biafra, Nnamdi Kanu.
It asked the Supreme Court to set aside the judgment and restore the charge against the respondent to be tried at the trial court.
The government, in a motion on notice in support of the appeal, is also seeking a stay of execution of the judgment of the court presided over by Justice Jummai Sankey, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk.
The notice of appeal dated October 18 was signed by the Director, Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice.
The appellant averred that the appellate court erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.”
It stated, “There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law.”
The appellant also contended that the court below erred when it held that the executive arm must not be allowed to benefit from the abduction of the respondent “when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a miscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”
The government claimed that the appeal court was wrong by saying that how Kanu was brought back to the country can vitiate and indeed weaken the criminal charges of treason, treasonable felony and terrorism brought against him.
It added that the lower court made that decision without taking into account the fact that the nature of the “entry’’ of the respondent is not relevant in the determination of the charges against him.
The appellant further stated that the appeal court justices failed to be bound by established judicial precedent on the mode of “entry” of a defendant charged with the commission of an offence established by the Supreme Court.
The appeal court, the FG noted, misdirected itself when it relied heavily on the Organisation of African Unions Conventions on the Prevention and Combating of Terrorism, the African Commission on Human and People’s Rights and cases decided from foreign jurisdictions as against the substantive law covering the criminal procedure in Nigeria.
“The court below overlooked the submissions of the appellant with regards to the ACJA, 2015 which takes its taproot from the grundnorm Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to the effect that it is the Administration of Criminal Justice Act, 2015 that governs the trial of every Nigerian charged with the commission of a crime, this failure occasioned the miscarriage of justice,’’ the appeal notice read.
The FG further argued that the court below erred in law when it discharged the respondent of the offences mentioned in counts 1, 2, 3, 4, 5, 8 and 15 bordering on terrorism offences contained in the amended charge dated January 14, 2022, and retained by the trial court for want of jurisdiction.
The appeal observed that the appellate court was completely silent and closed its eyes to the obvious fact of the issues which predate the rendition of the respondent because he was standing trial for conspiracy, and treasonable felony terrorism before his escape.
“If the learned Justices of the Court of Appeal had taken into consideration the act of illegality of the respondent in jumping bail and the corresponding duty of the appellant to ensure his presence in court, the decision of the court would have been different,’’ the appeal read.
In an affidavit, Loveme Odubo of the Department of Public Prosecution, Federal Ministry of Justice, stated that Kanu has a history of jumping bail and may be difficult to secure if the appeal was not granted.
The affidavit read, “That the respondent is a flight risk person given his previous antecedent of jumping bail while standing trial.
“The respondent is a dual citizen of both Nigeria and Britain which will make it easy for him to move out of Nigeria and escape justice. That the respondent’s presence will be difficult to secure should the judgment of the court below is not overturned and set aside by the Supreme Court.
“There is a need to stay the execution of the judgment of this honourable court to avoid a situation where the judgment of the Supreme Court will be overreached and rendered nugatory.’’
The Punch
Call it the eating of a humble pie, and you may not be wring as the embattled Deputy Governor of Edo State, Philip Shaibu, apologised to Governor Godwin Obaseki amid a face-off between them.
Speaking to reporters on Thursday in Benin City, Mr Shaibu appealed to Governor Obaseki to forgive his “mistakes” for them to continue to work together, Channels TV reported.
“I use this medium to appeal to Mr Governor, if there is anything that I don’t know that I have done, please forgive me so that we can develop our state together,” he said.
“We have just one year to go. We have been the envy of the entire country. So, Mr Governor, if there is anything you feel that I have done, please I am sorry. I need us to work together to finish well and strong,” the deputy governor added.
When asked if he had resumed at his new office, Mr Shaibu said, “We have resumed but there is still a lot of work to be done there.
“There is no problem about it. The governor has asked us to go there. Like I have always tried to prove, I am a loyal servant and nothing has changed.
“I took a personal vow to support my governor and you can see my Catholic people are here. When I took a vow with God, nothing can change it and I wish that the relationship that we had will come back in the next few days and weeks.”
Mr Shaibu also said he has been missing the governor since their rift began, and expressed hope that God will “touch the governor’s heart” to forgive him.
“I mean well. If there is any mistake I have made as a human, it is not out of wickedness because I know I’m not wicked. I have a very clean heart.”
The Federal Capital Territory FCT Minister, Nyesom Wike, has announced the revocation of 167 plots of land in some highbrow districts of the nation’s capital, Abuja.
Areas affected are Maitama, Gudu, Wuye which had the highest revocation, 41; Katampe, Katampe Extension, Wuse 2, Jabi, Utako, Idu Industrial zone, and Asokoro which had the second highest revocation, 39.
In a notice issued Thursday night in Abuja, the administration said the plots were revoked due to the refusal or failure of their allottees to develop them.
“The Federal Capital Territory Administration FCTA hereby informs the general public that the Minister of the Federal Capital Territory has, in the exercise of the powers conferred on him under Section 28(5)(a) & (b) of the Land Use Act 1978, revoked the underlisted plots with names and titles as reflected in our records for continued contravention of the terms of development of the Right of Occupancy to wit non-development”, the administration said in the notice signed by the Permanent Secretary, Mr Olusade Adesola.
Some of the plots revoked in Maitama district A05 had names like Liyel Imoke, Musa Aboki Egu, Hassan Hadejia and Ishaya Baba.
In Jabi, some of the plots revoked had allottees such as Sam Nda-Isaiah, and Donubari Josephine Kogbara, while Katampe district had Peter Gregory Obi, BUA international among others.
In other areas, this revoked had names as Julius Berger Nigeria, Honeywell Construction, Uffot Joseph Ekaette, Shittu Mohammed, Udoma Udo Udoma, Kanu Agabi, Niki Niki Tobi, Ishaku Bello, and others.
Wike had on assumption of office vowed to restore the master plan of the territory and revoke plots that had not been developed or those whose ground rents have not been paid for years.
He had consequently given a two-week grace to allottees to pay their ground rents or risk revocation of their allocations.
Vanguard
President Bola Tinubu has appealed against the ruling of Judge Jeffrey T. Gilbert, sitting at the United States’ District Court of Northern Illinois which ordered the Chicago State University (CSU) to release all relevant records pertaining to him.
SaharaReporters had reported how the federal court in Chicago, while ruling on the civil case filed by Atiku Abubakar, on Tuesday granted the applicant’s request to the court, stating that former Nigeria’s vice-president had been able to sufficiently satisfy the purpose for seeking the records.
In the judgement documents seen by SaharaReporters on Wednesday, Judge Jeffrey Gilbert also ordered a deposition of designated CSU officials within two days after the records have been released, noting further that the process can be conducted during the weekend if necessary.
However, as the school prepared to surrender the papers, Tinubu filed an emergency motion in the district, requesting a higher judge to reconsider Mr Gilbert’s September 19 ruling and postpone the execution until at least September 25, according to People’s Gazette.
“Due to the timing for compliance by Chicago State University – later today – Intervenor is filing this motion separately from its challenge to the Magistrate’s ruling on the application,” Mr Tinubu’s lawyers, led by Christopher Carmichael, said. “Intervenor intends to file, by the end of the day, a substantive brief addressing the errors in the Magistrate’s decision.”
