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Monday, December 1, 2014

Female suicide bomber attacks Maiduguri market again

(NIGERIA) The troubled town of Maiduguri was again thrown into pandemonium on Monday as a female suicide bomber hit the popular Maiduguri Monday market.

A military source said, “We just cordoned off the area.

“We cannot give the details on the number of casualties now as we are still evacuating the corpses from the scene.”

The attack has caused pandemonium in the town as many parents have besieged schools to pick up their wards.

The suicide attack happened about 11:30am on Monday. (THE PUNCH)

Alleged contempt: I will issue bench warrant against Gbenga Daniel, others- COURT

(NIGERIA) A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Okon Abang, today declared that he would issue a bench warrant for the arrest of former Ogun State governor, Gbenga Daniel if he fails to appear before the court on December 15, 2014. 
Aside Daniel, the judge also compel former Speaker of the House of Representatives, Dimeji Bankole to attend court should he be absent that day.
The duo were alleged to have contemnors in a contempt proceedings filed by the ruling Peoples Democratic Party (PDP) executive committee members in Ogun State, led by Chief Adebayo Dayo. 
Other alleged contemnors in the proceedings are the PDP, Dave Salako and the Independent National Electoral Commission (INEC). 
It would be recalled the Ogun executives of the party had instituted the contempt proceedings against them for allegedly disobeying competent orders of the court.
The plaintiffs informed Justice Abang that the respondents had been attempting to remove them from office, despite two Federal High Court judgments affirming the legality of their positions.
But the judge issued a warning that he would not tolerate any disobedience of his orders by anybody.
According to Justice Abang, "I have jurisdiction to enforce the judgment of this court. It's up to them to be here on the next adjourned date. If they're not here on the 15th of December, I will compel their attendance. I so hold."
The judge further declared that it was wrong for anyone to disobey a court order and give the impression that the court is powerless.
Justice Abang said, "The court should bark, bite, and where the situation demands, break the bones." 
The court declared that he would also not consider any application filed by the alleged contemnors if they do not appear in court personally.
The judge added that, "The alleged contemnors are not in court, but they ought to be in court. It is mandatory that they have to be here. They cannot be in the comfort of their homes. They must be in court before any application filed by them can be taken. 
"The second (Bankole), third (Daniel) and fourth (Salako) respondents have no reason for being absent in court today and no reason has been offered for their absence. It's not a civil matter. This is a quasi-criminal matter."

Prison warden feared killed as gunmen attack Ekiti prison

(NIGERIA) At least one prison official was feared killed, with over 20 security dogs dead, on Sunday night when some gunmen stormed the Federal Prison in Ado Ekiti.
Sources said the gunmen numbering about 60 stormed the prison in Hilux trucks with dangerous weapons, such as cudgels, cutlasses, AK 47 rifles and charms.

It was learnt that as soon as the gunmen arrived the Prison, they first detonated a bomb after which they engaged in sporadic shootings that lasted more than 30 minutes.
There were insinuations that the attack was staged to set free a murder suspect, Mr. Adeniyi Adedipe, who is facing criminal charges over the murder of a former state chairman of National Union of Road Transport Workers, Chief Omolafe Aderiye.
Adedipe is a former coordinator of Oodua Peoples Congress in the state.
As of the time of filing this story, journalists were not allowed into the premises of the prison.

There were blood stains on the road leading to the prison.
A source said the attackers were chanting ‘Allahu Akbar, Allahu Akbar’ during the attack on the prison where some inmates were set free.

Another source said, a top official of the State Prisons Command, who was rushing to the scene to see what was happening was shot dead.
As journalists were waiting for briefing, one of the prisoners that escaped walked in saying he ran out when he heard sporadic shooting at night but had to come back.
The Comptroller of Prison, Mr. Kehinde Fadipe, who confirmed the attack to journalists on Monday denied that any life was lost during the attack.

He said he was not aware of the shooting of any of the officials of the State command.
He said “We are moving around to assess the situation. It was not a jail break but an attack on the prison. The main entrance of the prison was broken.
“What happened is that we were attacked from outside not from within. They came massively with different weapons, they attacked our men on duty, and we have been here since 10.30 yesterday (Sunday).”
The Comptroller said his men were already out to re-arrest inmates that escaped during the attack although he did not give figures.
He, however, dispelled the insinuation that the Boko-Haram insurgents was responsible for the attack.
He wondered how the group could have attacked the Prisons when non of its members was in the prison custody.
Fadipe also faulted the thinking that members of the OPC may have been responsible for the attack.

He confirmed that Adedipe, a.k.a ‘Apase’ was still in their custody.
As of the time of filing this report, fully armed security men have intensified surveillance around the Prison and all adjourning roads.
Meanwhile, the All Progressives Congress has called on the police in the state to build a strong security around the prison saying the Peoples Democratic Party might be planning to attack the facility with a view to killing the suspect and other inmates.

The Publicity Secretary of the party, Chief Taiwo Olatubosun, who spoke on the telephone with journalists denied any link with the attack describing it as another plot by the PDP to tarnish the image of the APC in Ekiti state.
He said “What shall we gain for doing that, we cannot do such things, it is not in our character to do such things.
“Very soon the PDP and the governor will have to accuse God for running a clueless government and for their shortcoming.” (THE PUNCH)

APC's office invasion: Court frees arrested workers

(NIGERIA) Five staff of the All Progressives Congress (APC), arrested and detained by operatives of the Department of State Security (DSS) last week, were today set free by Justice Mohammed Yunusa of a Federal High Court sitting in Ikoyi, Lagos.
The court specifically released Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy who were all arrested on November 22, 2014 after operatives of the DSS, accompanied by police officers, allegedly raided a building belonging to the opposition party, said to be its data office at Allen Avenue, Lagos.
The judge in his ruling declared that the detention of the applicants for more than a week without charging them to court was not justifiable.
According to Justice Tunisia, "The arrest and detention of a person for the purpose of obtaining information is clearly a violation of Section 35 of the Constitution.
"It is clear that there is a contravention of Section 35 and the applicants were not properly brought before a competent court of jurisdiction."
The judge then issued a restraining order against the DSS from further arrests of the applicants pending the determination of the substantive suit.
Justice Yunusa equally ordered the applicants not to travel outside the country without informing the court.
It would be recalled that the opposition party had accused the DSS of invading its Ikeja office, leading to the arrest of five of its staff which included Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy.
The judge had also ordered the DSS to unseal the building where the arrest took place, even as he granted an interim injunction restraining them from further shutting the building or taking any step in connection with the property, pending the determination of the substantive suit.
At the last proceeding on the matter, lawyer to the DSS, Peter Okerinmodun informed the judge that his client was not aware of the court's order.
According to the lawyer, "My appearance today is from what I read in newspapers. One newspaper said the matter came up at Ikeja (High Court).
"I made contact with (SSS) headquarters to ascertain the authenticity. They said there was no service on them. Even as at this morning, nobody has confirmed. So I was not briefed."
In his submission, counsel to the APC, Professor Yemi Osibajo (SAN) intimated the court that both the police and the DSS were duly served, but the latter refused to accept service at their Lagos office.
The SAN said, "The first respondent (the Nigerian police) were served here (Lagos) and in Abuja. We also served the second respondent (SSS).... In pursuant to the orders of this court, same processes were served in Abuja and they were accepted. Proof of service is in the court's file.
"The DSS ought today, in obedience of the orders of my lord, to produce the five applicants."
But in responding, the DSS lawyer argued that, "I want to get across to Abuja whether they have collected the service. We are never known for disobeying my lord's orders."
However interjecting, Professor Osibajo noted that
the judge's orders were unambiguous. According to him, "We are just worried that these individuals have been in detention since Saturday."
But Justice Yunusa maintained that he believed
Okerinmodun because he "had been a good lawyer" in his court.
The judge said, "This matter is adjourned till Monday to enable counsel to the second respondent to comply with the orders of the court."
Specifically, APC and the detained staffs had initiated an action before the court seeking an enforcement of their fundamental rights.
But the DSS explained that its raid was sequel to a petition it received, alleging unwholesome activities inside the building at the location.
It said, "Based on this information, the service placed the building under surveillance and having been convinced that some unwholesome activities were going on in the building, it undertook a raid of the premises.
The matter has been adjourned till January 19, 2015 for hearing.

Alleged $10m bribe: Court throws out Bamaiyi, Al-Mustapha's appeal

(NIGERIA) Lagos division of the Court of Appeal sitting in Igbosere, has struck out a Notice of Appeal, instituted by former Chief of Army Staff, Leutenant General Ishaya Bamaiyi (rtd), alongside three others questioning the ruling of Justice R O Nwodo (deceased) for lack of
diligent prosecution.
Aside Bamaiyi, other appellants includes: former Lagos Police boss, James Danbaba, Chief Security Officer (CSO) to the late Gen. Sani Abacha, Major Hamza Al-Mustapha and Assistant Superintendent of Police (ASP), Mohammed Rabo Lawal.
It would be recalled that twelve years ago, Bamaiyi and his co-appellants were charged before a Lagos High Court presided over by Justice Augustine Ade Alabi (3rd respondent) over alleged attempted murder of the late publisher of Guardian Newspapers, Alex Ibru.
In the course of their trial, the appellants had claimed through their individual lawyers that Justice Ade-Alabi who was the then Chief Judge of Lagos State demanded for $10 million bribe from them.
They also alleged that the trial judge had threatened and bullied their lawyers severally in court, adding that the judge had caused delay in entertaining motions as well as delivering rulings and also refused to supply record of proceedings in the case.
The appellants then petitioned the National Judicial Council (NJC), with a demand that the trial judge should excuse himself from
the case.
Justice Nwodo in her ruling delivered on September 26, 2002, threw out the appellants’ application, praying for leave of the Federal
High Court to enforce their Fundamental Rights as guaranteed under Section 36 of the Constitution.
However not satisfied, Bamaiyi alongside others through their counsel, Yakubu Maikau appealed against the ruling and urged the appellate court to set aside the decision aside and grant them leave to enforce their fundamental human rights.
According to the appellants' brief, they prayed the court to hold that the trial judge has jurisdiction to entertain their application.
They equally prayed the appellate court to declare that Section 158 of the Constitution does not preclude the lower court from
enquiring into an alleged breach of fair hearing against the NJC.
The appellants also want the court to issue a declaration that from the proceedings in charge N0- LCD/108/99, the 3rd respondent (Justice Alabi) no longer possessed the independence and impartiality required by section 36 of the Constitution to continue to
preside over the proceedings in the said charge.
Interestingly, many years after the appeal was initiated, neither the appellant nor the respondent attended to it. This then led to the Court of Appeal, presided over by Justice U I Ndukwe-Anyanwu to strike out the matter for lack of diligent prosecution.

Nnamani's trial, a judicial rascality- EFCC

(NIGERIA) The Economic and Financial Crimes Commission (EFCC), has insisted that the trial of former governor of Enugu State, Chimaroke Nnamani for seven years without any headway, only amounted to judicial rascality which the judiciary must deal with head on.
The anti-graft agency stated this through its lawyer, Kelvin Uzozie at the continued hearing of the matter before a Federal High Court sitting in Ikoyi, Lagos.
The lawyer further argued that the matter had been stalled severally on account of Nnamani's frequent applications to travel abroad for medical treatment.
The EFCC lawyer posited that from the records of the court, it was clear that Nnamani had always applied to court to be allowed to travel out of the country on ground of ill-health.
Uzozie said, "It is a scandal that a criminal case that the law says must be speedily concluded has not even proceeded to trial more than seven years after it was filed."
But lawyer to the former governor, Ricky Tarfa (SAN) in objecting to the EFCC's submission suggested that the anti-graft agency should deal with the arguments in respect of the motion to separate other accused persons from Nnamani.
The former governor alongside others were first charged before the court in 2007 over alleged economic crime, money laundering and financial impropriety to the tune of N5 billion.
According to the application for separate trial,
EFCC had urged the court, presided over by Justice Mohammed Yunusa to separate Nnamani from other accused persons so that his frequent medical trips abroad would no longer stall the trial of other accused persons.
In the application brought pursuant to Section 155 of the Criminal Procedure Act, 2004, the anti-graft agency want the court to allow the trial of Nnamani and his former aide, Sunday Onyekazur Anyaogu to be conducted separately from the six companies charged along with them.
The companies are Rainbownet Nigeria Limited, Hillgate Nigeria Limited, Cosmo FM, Capital City Automobile (Nig) Limited, Renaissance University Teaching Hospital (Renaissance University) and Mea Mater Elizabeth High School.
The anti-graft agency insisted that the application became necessary owing to the need for a speedy conclusion to be arrived at in respect of the assets and liabilities of the companies, which are corporate entities, as the said assets may become obsolete and seriously eroded if the companies were not separately tried.
The matter has been adjourned till December 16, 2014.

Land speculation: Chieftaincy family petitions senate

(NIGERIA) The senate committee on public petitions, ethics and privileges have been urged to investigate activities of land speculators allegedly terrorising members of Kuje Amuwo Chieftaincy family in Amuwo-odofin Local Government of Lagos State over 508 hectares of land situated at Festac Town extension, along Badagry Express Way, Lagos.
The chieftaincy family in a petition dated November 17, 2014, and signed by its General Secretary, Mustapha Akinlolu also prayed the senate committee to help curb the activities of one Chief Mutairu Owoeye, allegedly acting on behalf of a dissident group within the family.
While equally calling on the senate to direct Owoeye out of the land in dispute, the chieftaincy family posited that the disputed land was released to the Kuje Amuwo-odofin family, consequent upon an application by the family to the Federal Ministry of Land, Housing and Urban Development.
The Kuje Amuwo Chieftaincy family explained that the application demanded for the release of unused land of their land after the 1976-1977 Africa Festival of Art and Culture hosted by Nigeria.
They family insisted that shortly after the release of the land, a dissident group in one of the seven branches that made up the Kuje family allegedly engaged the services of one Owoeye to mount surveillance on the land, thereby disturbing legal activities at the site.
According to the family, "The action of the dissident group threw up lot of dissatisfaction and acrimonies among hitherto peaceful Kuje family.
"In fact, all attempts by the elders of the family to make the dissident group see reasons and make their grievances known to the larger members of the Kuje family for amicable settlement was to no avail."
The family revealed that members of the family were happy when they received a letter of invitation from a former Justice of Supreme Court (name withheld) to resolve the impasse adding that the meeting afforded them opportunity to tender all relevant documents and express their opinions on the matter.
According to them, "Prior to the reconciliation meeting, the dissident group had employed the service of a property company to act on their behalf and manage and secure the land.
"As a result of this, a member of the family, Femi Martins wrote a petition to the Police alleging threat to life and illegal activities of a notorious land speculator. We were invited to Adeniji Adele police formation and were made to write statements."
The family stated further in its petition that the Deputy Commissioner of Police who presided over the session was said to have cautioned all parties involved to maintain peace and order and ordered them to come back on Novemver 4, 2014.
The chieftaincy family argued that they were shocked when the Deputy Commissioner of Police told them that there was a directive from above that the case file be transferred to Abuja for further investigation.
According to the family, "As our representatives at the meeting were leaving the venue of the meeting, a group of police officers from the Force Headquarters, Abuja arrested them and drove them to Zone 11 Police Command, Onikan, Lagos.
"They were also ordered to report at Abuja to see the DIG ‘’D” Department, Area 10, Garki Abuja."