Sahara Reporters Latest News Today Friday 8th October 2021
Sahara Reporters Latest News Today and headlines on some of the happenings and news trend in the Country, today 08/10/21
Read also
E2%80%93 Abia State Yet To Assign Nnamdi Kanu’s N5billion Suit Against Nigerian Government To Court – Lawyer Laments
Nnamdi Kanu
Aloy Ejimakor, one of the counsels to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has said he is disappointed that the case asking freedom for his client on health grounds in Abia State did not hold on Thursday.
The IPOB leader’s lawyer said he discovered on Thursday that the case had not yet been assigned to a court.
Nnamdi Kanu
Ejimakor stated these in a press release which was obtained by SaharaReporters on Thursday.
However, in a statement on Thursday, titled, “Re: Mazi Nnamdi Kanu – We are disappointed that Kanu’s Fundamental Rights case did not hold today in Umuahia, Abia State,” Ejimakor said the case was supposed to be treated urgently.
The statement reads, “You will recall that at the last hearing of this matter on 21st September, 2021, the vacation judge had made a ruling transferring the case to the Chief Judge of Abia State High Court for assignment.
“The reason was that the Abia court vacation was due to end on 30th September; and according to the Judge, there’s was not enough time for the vacation court to conclude the case within the vacation period.
“The case was therefore adjourned to 7th October, 2021 (today) for assignment to a Judge that will hear it under the regular court calendar.
“As of today, the case is yet to be assigned and I was informed by the registry that all parties will be notified of the next hearing date once the case is assigned to a Court.
“A fundamental rights proceeding is sui generis. In other words, it is to be treated as special and expected to be concluded quickly, especially in situations where the applicant is incarcerated.
“Today’s outcome is a disappointment. It is my hope that, going forward, there won’t be any further delay in hearing the case.”
SaharaReporters had reported last month that Ejimakor, in an application, Nnamdi Kanu versus Federal Government of Nigeria and seven others, brought an ex parte order asking the court to, among other things, make an interim order of release of Kanu to attend to his health in any medical facility of his choice in Nigeria, pending the hearing of the motion.
The lawyer also asked for the substitution service on the motion on notice of third and fourth respondents.
However, the high court presided over by Justice K. C. J. Okereke refused the application and asked the lawyer to put the respondents on notice.
He granted the application for substituted service on third, fifth, and seventh respondents and adjourned till September 21 for a hearing of the motion on notice.
Responding to enquiries in Umuahia, Ejimakor had said, “Today, I secured an Order from the High Court of Abia State to serve by substituted means an Application for enforcement of the Fundamental Rights of Mazi Nnamdi Kanu, which I recently brought before the High Court of Abia State. The next hearing date is set for 21st September, 2021 in Umuahia.”
Legal
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
N5million Hate Speech Fine: Court Rules On Suit Against Lai Mohammed, Nigerian Broadcasting Commission On Friday
A Federal High Court in Lagos State presided by Justice A.L Allagoa will on Friday, October 8, deliver judgment in a fundamental rights suit filed by human rights lawyer, Inibehe Effiong, against the National Broadcasting Commission (NBC), the Attorney-General of the Federation, Abubakar Malami, and the Minister of Information, Alhaji Lai Mohammed.
The suit is against the Nigerian government officials on the imposition on N5million fine on broadcast stations over alleged hate speech.
Effiong had in 2020 sued the NBC, Mohammed and Malami for arbitrarily amending the Broadcast Code and hiking the fine for hate speech from N500,000 to N5million.
The lawyer challenged the N5million fine on Nigeria Info 99.3FM Lagos and the threat by NBC to punish other broadcast stations in the country over alleged hate speech.
His suit followed the fine imposed on Nigeria Info by NBC for granting an interview to the late former Deputy Governor of the Central Bank of Nigeria, Dr. Obadiah Mailafia, who claimed that an unidentified northern governor was a Boko Haram commander.
The NBC had threatened that any TV or radio station that allows elected officials to be insulted on its platform would be fined N5m or shut down.
The NBC board had also alleged that Mohammed hijacked the responsibility of the NBC and unilaterally hiked the fine for hate speech without consultation.
Effiong had in his supporting affidavit told the court that the actions of the NBC, the Minister of Information and the Nigerian government had gravely affected his freedom of expression and that of broadcast stations, broadcasters and other Nigerian citizens who also appear as guests on radio and television stations to express critical views about the government and public officeholders.
The lawyer argued that “abusing” or “insulting” the government could not be criminalised in a democracy.
He contended that the expression “hate speech” is not defined under any written law and cannot be invoked or penalized based on the capricious expectations of the Respondents.
He said that to do otherwise “will amount to setting fire to the constitution” and that “those who are paid with taxpayers’ money cannot be insulated or shielded from insults and abuse by those who pay them (the citizens)”.
The activist reminded the court that “Nigeria has passed the era of colonialism and military dictatorship”. He said that Lai Mohammed, NBC and the Federal Government were “seeking to subvert Nigeria’s constitutional democracy with the attendant liberties and foist a civilian dictatorship on the country.”
The lawyer, therefore, prayed the court to make “a declaration that broadcast stations in Nigeria, broadcasters, guests and callers during radio and television programmes are entitled to a fair trial before a court of competent jurisdiction as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9 L.F.N. 2004 before a sentence of fine or other penalties can be imposed on them over comments, views or opinions expressed on radio and television.”
He further prayed the court to make an order of perpetual injunction restraining the NBC, the Minister of Information and the Federal Government from imposing fines or other penalties on broadcast stations in Nigeria for comments or opinions expressed by citizens during radio or television programmes.
The lawyer also asked the court to nullify and set aside the penalty of fine or other penalties imposed on broadcast stations by the NBC.
Effiong equally asked that the court should set aside the provisions of the extant National Broadcasting Code and any amendment made thereto, which purports to prohibit, criminalize or penalize comments or views expressed by citizens about the government and public office holders considered by the NBC, Lai Mohammed and the Federal Government to be “abusive”, “insulting” or “hate speech”.
Legal
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
E2%80%99s-watch-erasmus-ikhide Decaying State Of Education Under Godwin Obaseki’s Watch, By Erasmus Ikhide
Good education is the best legacy any parent, guardian or governmentc an bequeath to the next generation and young ones. The reason why the late Sage, Chief Obafemi Awolowo is still revered thirty-four years after his demise is because of the free primary school education he introduced in 1955 when he was the Premier of the Western Region.
Dr. Nnamdi Azikiwe who went through hell and high water in getting an American education established the University of Nigeria Nsukka with the motto ‘To restore the dignity of man.’ It was the good education that Chief Anthony Eromosele Enahoro received from Kings College Lagos without a university education that made Azikiwe appoint him as the Editor of the Southern Nigeria Defender in Ibadan at the age of 21 – the youngest ever editor in the country.
It is tragic that education has been thrown to the dogs under the ill fated administration of Governor Godwin Obaseki who doesn’t give a hoot about the extremely poor state of education in the state. Edo State has Edo College which produced many illustrious sons in the state but which is now a shadow of its former self due to criminal
government neglect. How many of its alumnus would gladly send their children or wards to the school that ironically made them who they were today?
The level of youth unemployment is extremely high. The National Bureau of Statistics puts it at about 33%. A way to tackle this societal malaise is to re-introduce vocational and technical education which was abandoned when the nation was awash with petro dollars. Igarra Technical College, Afuze Technical College, Uromi Technical College
and Government Science and Technical College (GSTC) have been left to rot without any critical governmental intervention.
The level of unemployment is extremely high in Edo State due to the fact that the state is largely a Civil Service State. Edo State with its large land mass has what it takes to be a heavily industrialized and agricultural driven economy. Sadly, over the last four years the Governor has shutdown all the Colleges in the state in the name of
renovation, including College of Agriculture, Iguoriakhi which ought to be at the vanguard of agro-preneurial training and production.
Governance has been absent since his swearing in last one year and he is just naming his cabinet after over a year of his winning his second term.
Despite his acclaimed robust private sector experience which saw him establishing a Securities Dealing Firm – Afrinvest, he has failed in innumerable ways to industrialize the state. Imagine if many industries were functional in the state, it will lead to the concomitant high demand for highly skilled technical labour as their services will be needed to effectively run these industries and factories! It is bad enough that these schools have been left to rot, it is worse that even the few that manage to survive the rigours of an education there have no jobs to look forward to due to a visionless and rudderless leadership that is ideas bankrupt.
The state of many of the government owned primary and secondary schools leaves much to be desired. The schools lack good toilet facilities, fields for sports, high population in the classroom, few teachers. The students study under the most excruciating conditions not even befitting for animals.
We currently live in a globalized world where the world is now flat according to prominent American Economist, Thomas Friedman whose New York Times bestselling book ‘The World is Flat’ exposes the reality of globalization and how your nearest competitor could be someone millions of miles away. The covid 19 pandemic which changed the world of work to remote working is a lesson for our political leaders to adequately prepare the young minds for a fast changing world of work.
This is an era where secondary school students in former war torn Rwanda learn about the use of drones. Yet, the students in Edo don’t learn with computers. How will they be able to compete in the future against their peers from all over the world? What sort of future is the Edo State Government under Obaseki preparing the children for?
Despite the dictatorship of Cuba’s Fidel Castro which spanned over four decades amidst many assassination attempts and embargo by the United States after he defeated the US backed Cuban forces in the Bay of Pigs Invasion, his greatest legacy was his sturdy investment in education. He ensured that medical doctors in the country got the best training and created a system whereby they are exported to the rest of the world. Today, the exportation of medical doctors from there is their largest revenue earner dwarfing sugar which was their previous economic mainstay. Cuban doctors helped Italy effectively tackle Covid19 which badly hit them.
Crude Oil exports will be irrelevant anytime from now. Smart leaders are preparing their citizens to be relevant in a knowledge driven economy. The legendary Lee Kuan Yew prepared Singaporeans for this reality as he moved them from being a third world into a first world nation in less than three decades. Saudi Arabia has already saved up over two trillion dollars to be managed by Global Consulting Giant, Mckinsey in their preparation for a post oil economy. The UK has said that by 2030 they will completely phase out fossil fuel run cars in favour of electric cars. Imperial College has scrapped the Masters Degree Program in Petroleum Engineering because of the irrelevance of crude oil in the nearest future. What is Obaseki doing about this new trend? How is he preparing Edolites sons and daughters to compete in the knowledge economy that our curriculum is ill prepared to address?
What are his educational legacies as he will be out of office in less than 38 Months time?
It is sad that Edolites have the stereotype of prostitution as the bad policies of the leadership have pushed many of its young, pretty girls to prostitution abroad especially in Italy. A good education will equip these emotionally battered and financially emasculated ladies to a life of financial independence where they will be able to live their life solely on their own terms and not being dependent on male beasts for their sustenance.
The Edo State House of Assembly is supposed to question him on the sorry state of education there but alas it is yet to be fully inaugurated since last year which has now transformed him into a full blown dictator.
We call on the Civil Society and Public Spirited Individuals to mount pressure on this Pharoah of a leader to do the needful and rescue Edo State education from the mire and ensure that our students who will take up the mantle of leadership someday are well prepared for this challenge which will prevent them from perpetually playing the second fiddle both in their country and in the Diaspora.
Erasmus Ikhide contributes this piece via: ikhideerasmus@gmail.com
Education
AddThis
:
Original Author
:
Erasmus Ikhide
Disable advertisements
:
E2%80%93-nigerian-army Nollywood Actor, Chiwetalu Agu Arrested For Asking Southeasterners To Join IPOB – Nigerian Army
The Nigerian Army has confirmed the arrest of veteran Nollywood actor, Chiwetalu Agu, saying he was arrested for promoting the cause of the secessionist group, Indigenous People of Biafra by wearing the Biafran regalia.
In a statement signed by Onyema Nwachukwu, the army’s spokesperson, Agu was picked up for questioning while asking South-Easterners to join IPOB “a proscribed group.”
According to the statement obtained by SaharaReporters, the army said Agu’s action was a violation of the law considering the proscribed status of IPOB.
The army said, “Troops of Nigerian Army have arrested one Chiwetalu Agu while inciting members of the public and soliciting for support for the proscribed Indigenous People of Biafra (IPOB).
“Dressed in a very well-known attire of the proscribed group, Chiwetalu Agu was picked up for questioning while inciting members of the public to join the proscribed group. Though he attempted putting up some resistance when troops made effort to take him into custody, he was not assaulted or subjected to brutalisation.
“While the army recognises the inalienable rights of the citizenry to freedom of movement and expression as enshrined in the Constitution of the Federal Republic of Nigeria, it is apparently a violation for any individual or group to incite the public to cause mayhem or break down of law and order.
“It is therefore pertinent to state that while exercising such freedoms, it must be done within the confines of the law, bearing in mind the imperative for peace, and national security.
“For the avoidance of doubt and emphasis, IPOB remains proscribed. Therefore, any individual or group seen to be projecting and advancing the cause or activities of the group is viewed as brazenly challenging the constitutionality of the Federal Republic of Nigeria.
“More worrisome was the fact that considering the prevailing security situation of the region, coupled with the ongoing Exercise Golden Dawn, his action could be a tacit endorsement and support for the proscribed group. We have all witnessed the activities of the group take a violent dimension in recent times.
“Chinwetalu Agu has clearly demonstrated uncharitable disposition to negate peace and security in the region, hence, he is taken into custody for preliminary investigation. It is important to once again place on record that the allegation that he was brutalized is false and should be disregarded accordingly.
“While the NA would not allow IPOB and its sponsors to hold the region captive and allow the security situation to degenerate, it is instructive to restate that national interest supersedes any parochial consideration.
“Individuals or groups who fan the embers of violence are warned to desist or face the consequences of their actions. The ongoing Exercises are on course and will rid the region of all forms of criminality.”
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
BREAKING: Gunmen Kill Two Policemen, Lawyers, Seven Others In Ebonyi
Unknown gunmen have reportedly shot dead two police officers, two lawyers and seven others in Isu and Onicha-Igboeze communities, in the Onicha Local Government Area of Ebonyi State.
It was learnt that the cops were reportedly killed in Isu while others were killed in Onicha Igboeze during an invasion by the gunmen.
It was gathered that two lawyers who were passing with a vehicle, ran into the gunmen during the attack.
The police in Ebonyi State have confirmed the attack, although the details of the incident are still sketchy.
Meanwhile, the Commissioner of Police in the state, Aliyu Garba, has dispatched a team of policemen to the area.
Insurgency
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
Anti-graft Agency, EFCC Re-arraigns Grace Taiga, Nigerian Accomplice In P&ID Fraud
File Photo
The Economic and Financial Crimes Commission (EFCC) has re-arraigned Mrs. Grace Taiga, a female accomplice in the multiple fraud case involving the Process and Industrial Development Limited (P&ID) before Justice Obiora Egwuatu of the Federal High Court, Abuja.
A statement by the EFCC said Taiga was arraigned on a nine counts’ amended charges, bordering on accepting bribes and other related crimes.
File Photo
Part of the charges according to the commission read, “That you Grace Taiga, Enameg Vera Mases Taiga (at large) Brendan Cahill (at large), Michael Quinn (deceased) on or about the 30 of January, 2012 within the jurisdiction of this Honourable Court did conspire to commit an offence to wit, money laundering by disguising the origin of the sum of Five Thousand United States of America Dollars (USD 5,000) paid by Kristholm Limited -a company controlled by the owners and promoters of Process & Industrial Development Limited (P&ID) – into the HSBC bank account of Enameg Vera Moses Taiga domiciled at No.8, Canada Square, London branch of HSBC which money you reasonably ought to have known forms part of the proceeds of an unlawful act, to wit; bribery and thereby committed an offence contrary to section 18(a) and punishable under section 15(2)(a) and (3) of the Money Laundering Prohibition) Act, 2011 (as amended).
“That you Grace Taiga, Enameg Vera Moses Taiga (at large), Brendon Cahill (at large), Michael Quinn (deceased) on or about the 30th of January, 2012 within the jurisdiction of this Honourable Court did commit an offence to wit, disguising the origin of the sum of Five Thousand United States of America Dollars (USD 5,000) paid by Kristholm Limited – a company controlled by the owners and promoters of Process & Industrial Development Limited (P&ID) into the HSBC bank account of Enameg Vera Moses Taiga domiciled at No.8, Canada Square, London branch of HSBC which money you reasonably ought to have known forms part of the proceeds of an unlawful act, to wit: bribery and thereby committed an offence contrary to and punishable under section 15(2(a) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended).
“That you Grace Taiga, whilst being the Director of Legal at Ministry of Petroleum Resources, on or about the 30h of December, 2009 within the jurisdiction of this Honourable Court did commit an offence to wit, using the sum of Four Thousand Nine Hundred and Sixty Nine United States of American Dollars and Five Cents (USD 4,969.5) paid by Marshpear Limited – a company controlled by the owners and promoters of Process & Industrial Developments Limited (P&ID) into the HSBC bank account of Enameg Vera Moses Taiga domiciled at No.8, Canada Square, London branch of HSBC, which money you reasonably ought to have known forms part of the proceeds of an unlawful act, to wit; bribery and thereby committed an offence contrary to and punishable under section 15(21d) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended).”
The defendant pleaded not guilty to all the charges.
In view of her plea, prosecution counsel, Abba Mohammed prayed the court for a trial date and for the defendant to be remanded in prison custody.
The defence counsel, Ola Olanipekun (SAN) said he filed a bail application on behalf of the defendant on March 18, 2021, praying the judge to admit her to bail on the grounds of ill-health and being a senior lawyer and former director, Legal Services in the Ministry of Petroleum Resources who was called to the Bar in 1977.
However, the prosecuting counsel said the commission filed a counter-affidavit rejecting the bail application and a further counter-affidavit, which he said they relied on.
After listening to the arguments by the counsel, Justice Egwuatu released the defendant to her counsel and adjourned the matter till October 27, 2021 for ruling on her bail application.
Legal
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
E2%80%93-nnamdi-kanu%E2%80%99s-lawyer-assures Nigerian Government Has No Hiding Place On October 21 – Nnamdi Kanu’s Lawyer Assures Supporters Of Victory
Nnamdi Kanu
Ifeanyi Ejiofor, the lead counsel to the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has revealed that he expects justice to prevail in favour of his client when Kanu appears in court on October 21.
The lawyer said that the best brains in legal profession would represent Kanu, adding he had been briefed on their preparation for that day.
Nnamdi Kanu
Ejiofor disclosed these in an update on Thursday after his routine visit to the pro-Biafra agitator in the detention of the Department of State Services (DSS).
The statement was obtained by SaharaReporters.
The legal practitioner also said he visited Kanu in the company of his younger brother, Prince, while affirming that the IPOB helmsman was resolute.
Ejiofor said, “I visited our indefatigable Client in the company of his younger brother, Prince Emmanuel Kanu (Fine Boy) today, October 7, 2021.
“Our client, Onyendu Mazi Nnamdi Kanu, was extensively briefed on the level of the Legal Team’s preparedness on the ongoing proceedings in various courts, particularly our readiness for the 21st October 2021 outing.
“21st October 2021 is sacrosanct and shall be the D-Day we have long awaited. We crave for justice and nothing more, and justice must not only be done but must be seen to have been done by all and sundry.
“Onyendu Mazi Nnamdi Kanu is deeply thankful for your unshaken support and peaceful conduct so far. He solicited for your continued relentless prayers and support.
“Onyendu Mazi Nnamdi Kanu is in high spirits and tenaciously looking forward to the 21st Day of October 2021 Hearing Date.
“Since the Federal Government refused to honour the Fiat granted by the Honourable Chief Judge for Onyendu Mazi Nnamdi Kanu’s case to be heard during the Court’s Annual vacation, or even shortly afterwards, ostensibly because they have no case against our Client, they definitely will have no hiding place come 21st Day of October 2021, the earlier adjourned date.
“Onyendu Mazi Nnamdi Kanu’s erudite legal team have done all that is within our powers to assemble the best legal arsenal in Court come 21st October 2021 Hearing. Hence, we crave your co-operation and indulgence during this period. Please be assured that with God on our side, victory is certain.”
Legal
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
E2%80%93-nigerian-police-deny-plans-bring-back-killer-squad SARS Gone For Good – Nigerian Police Deny Plans To Bring Back Killer Squad
The Nigeria Police Force has stated that the service is not planning to revive the notorious police unit, the Special Anti-Robbery Squad (SARS).
The Inspector-General of Police, Alkali Baba Usman, in a release said the disbanded SARS would not be revived.
SARS was disbanded in late 2020 after the nationwide #EndSARS protest against brutality, extrajudicial killings, and human rights abuses that the SARS officers were allegedly involved in.
A statement had gone viral earlier on Thursday wherein the IGP was said to have released new terms and conditions on the operation of SARS officials.
The statement had quoted Baba Usman as saying SARS has been reformed with new rules of engagement.
However, in a recent development, the police said the report was untrue and unfounded.
This was contained in a statement issued by Frank Mba, the Force Public Relations Officer on Thursday.
According to the police boss, the SARS unit has been disbanded and can never be resurrected.
Mba said, “The Force wishes to categorically emphasise that there is no plan whatsoever to bring back the disbanded SARS. SARS is gone for good and will not resurrect under any guise whatsoever.
“The IGP notes that the Force has since reorganized its operational structure to fill the vacuum created by the disbandment of SARS.
“Currently, the leadership of the Force is focused on efforts at deepening reforms within the Police and bequeathing Nigerians a Police Force that will be more effective, efficient, technology-driven, humane and Rule of Law-compliant.”
Last October, there were massive protests in some states tagged #EndSARS, largely organised by youths, to call for an end to police brutality.
They also demanded that SARS, a police unit, notorious for human rights abuses, extrajudicial killings, and other atrocities should be disbanded.
But during the protests against police brutality, the Nigeria police unleashed more terror on peaceful protesters in many parts of the country, including at the Lekki Toll Gate in Lagos, the epicentre of the struggle.
The repressive regime of Muhammadu Buhari was thereafter forced to disband SARS.
It thereafter introduced the Special Weapons and Tactics Team, which many Nigerians described as not different from the disbanded SARS.
Police
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
Court Orders Reinstatement Of Clerical Staff Dismissed From Oyo State Revenue Board Since 2015
File photo used to illustrate story.
The National Industrial Court Of Nigeria in the Ibadan Judicial Division has ordered the reinstatement of a clerical staff, Ogunjimi Busola Adebisi, who was illegally dismissed from the services of the Oyo State Board of Internal Revenue.
The judgment was delivered on September 28, 2021, by Justice J.D Peters in suit number: NICN/IB/19/2016 in which Ogunjimi was the claimant while the Board of Inland Revenue, Oyo State, Civil Service Commission, Oyo State and the Attorney-General, Oyo State served as the defendants, subsequently referred to as judgment debtors.
File photo used to illustrate story.
Ogunjimi, who instituted the suit in 2016, had been employed in 2009 as an employee of the first defendant (Oyo State Board of Inland Revenue) but was served a dismissal letter in 2015.
She sought the order of the court to among other things, declare the dismissal letter referenced BIR/Vol. 1l621l43 and dated 16/11/2015 as illegal, unlawful, null void and of no effect, being contrary to the Civil Service Commission Regulations, Laws of Oyo State of Nigeria, 2000.
She also sought a declaration that her dismissal is unreasonable, unjustifiable, mala fide and unfair labour practice.
Others include: “A Declaration that the Defendant’s letter dated 28l8l2015 with reference number BIR/Vol. IU50/325 promotion the Claimant remains valid and subsist.
“An Order setting aside the 1st Defendant letter with reference number BIR/Vol. 621/43 dated 16/11/2015, through which the Claimant was dismissed as Clerical Officer GL. 04.
“An Order reinstating the Claimant as Clerical Officer GL. 04 to the Pensionable establishment of the Board of Internal Revenue, without any loss of employment rights, including promotion.
“An Order for the payment of the full salaries, allowances, fringe benefits and all other outstanding entitlement accruable to the Claimant from February 2016 (when this suit was instituted) till the determination of this suit as if she was never dismissed.
“An Order for the payment of all earned backlogs of salaries and allowances amounting to =N=235,967.00 (Two Hundred and Thirty-Five Thousand, Nine Hundred and Sixty Seven Naira) comprising of the following:-
“Payment of =N=114, 323.20 (One Hundred and Fourteen Thousand Three Hundred and Twenty Three Naira Twenty Kobo) being arrears of salaries from September 2015 till January 2016 at the rate of =N=22,864.64 (Twenty Two Thousand, Eight Hundred and Sixty Four Naira Sixty Four Kobo) per month.
“Payment of =N=26, 400 (Twenty Six Thousand Four Hundred Naira) being annual leave bonus for the year 2014 and 2015, at the rate of =N=13,200 per month.
“Payment of =N=95, 244.00 (at the rate of =N=3, 968.5 per month for 24 months for the period December 2014 till January 2016) being share of between 3% and 5% of revenue generated’ (also called cost of collection) by the 1st Defendant, on the conventional average of between =N=3,000 to =N=5,000 per month, depending on what is arbitrarily declared by the 1st Defendant.
“An Order for the payment of 10 per cent interest per annum on unpaid salaries and allowance from September 2015 till the determination of this Suit; general damages against the Defendant for wrongful and unlawful dismissal of the Claimant in the sum of =N=1,000,000 (One Million Naira Only).
“Cost of this suit in the sum of =N=1, 250, 000 (One Million Two Hundred and Fifty Thousand Naira) only.”
Meanwhile, the defendants, in their counter-claim sought: “A Declaration that the dismissal of the claimant by the 1st Defendant through letter referenced BIR/VOL. 1/62:1./ 43 dated 16/11/15 is valid and lawful.
“An order for payment of the sum of =N=454,234.00 (Four Hundred and Fifty-Four Thousand, Two Hundred and Thirty-Four Naira). An order for the payment of 10 per cent interest of the said indebtedness pending the determination of this suit.”
In their defence, the defendants said the claimant was employed and issued with Offer of Appointment letter by the 1st Defendant dated the 5th day of October 2009 as a Clerical Assistant on salary scale GL 03.
However, the court held that the processes of the Claimant are validly filed and the jurisdiction of the Court to hear and determine this case is not in any way negatively affected for incompetence.
Delivering the judgment, Justice Peters submitted: “I hold that the combined reading of Exh. BA1, Exh. BA2, Exh. BA5 & Exh. D2 points to an irresistible conclusion that the employment of the Claimant is one with statutory flavour.
“I hold that the 1st Defendant did not comply with the procedure enshrined in the Public Service Rules, Vol. 1, Section 4 030402 (L) of January 2013 in dismissing Claimant from its employment.
“I declare that the dismissal of the Claimant by the 1st Defendant through the letter referenced BIR/Vol. 1l621l43 and dated 16/11/2015 but served on the Claimant on 17/11/2015 is illegal, unlawful, null void and of no effect, being contrary to the Civil Service Commission Regulations, Laws of Oyo State of Nigeria, 2000.
“I declare that the dismissal of the Claimant is unreasonable, unjustifiable, mala fide and unfair labour practice. I declare that the 1st Defendant’s letter dated 28/8/15 with reference number BIR/Vol. IU50/325 promoting the Claimant remains valid and subsist.
“I here set aside 1st Defendant’s letter with reference number BIR/Vol. 621/43 dated 16/11/2015, through which the Claimant was dismissed as Clerical Officer GL. 04.
“I reinstate and order an immediate reinstatement of the Claimant as Clerical Officer GL. 04 to the pensionable establishment of the Board of Internal Revenue, without any loss of employment rights, including promotion.
“I order and direct the 1st Defendant to pay to the Claimant all her arrears of salaries plus allowances from 1st September 2015 till the date of this judgment.
“Reliefs 7, 8 & 9 are refused and dismissed for lack of proof by cogent, credible and admissible evidence. The 1st Defendant is ordered to bear the cost of this proceedings assessed at =N=200,000.00 and pay same to the Claimant.
“All the heads of counterclaims sought are refused and dismissed for lack of proof by credible evidence. All the terms of this Judgment are to be complied with immediately. Judgment is entered accordingly.”
In a recent development, Ogunjimi’s counsels wrote the Attorney General & Commissioner for Justice, Oyo State and the chairman, Board of internal revenue to immediately comply with the court directive.
The letter was titled: Imperativeness of compliance with judgment in suit no: NICN/IB/19/2019 Ogunjimi Busola Adebisti Vs. Board Of Internal Revenue Oyo State & Ors delivered ON 28/9/2021 and signed by a managing partner of the Abope Chambers, Femi Aborisade.
It reads, “We have been briefed and our legal services retained by Ogunjimi Busola Adebisi, hereinafter referred to as our Client, on whose behalf and instruction we write this post Judgment letter.
“We represented the Judgment Creditor in the above-mentioned Suit in which the National Industrial Court of Nigeria (NICN), per Hon Justice JD. Peters delivered the Judgment on 28/9/2021.
“The Board of Internal Revenue, Oyo State, Civil Service Commission, Oyo State and the Attorney General, Oyo State were sued in the 1, 2 and 3 Defendants, respectively, though they are now better called judgment debtors.
“We recall the Counsel represented all the Judgment Debtors at the Court Hearing when the judgment was delivered. It is therefore a fact that all the Judgment Debtors are aware of the Judgment.
“The essence of the brief of Our Client is that the Judgment Debtors should observe the orders made by the Court without any further delay. This is because, unless and until set aside on appeal, decisions of the Court are binding on all authorities and persons.
“The summary of the key reliefs granted by the Court is as stated on pages 16 to 17 of the Judgment…We hereby attach a Certified True Copy (CTC) of the said Judgment dated 28 September 2021 for ease of reference and for compliance even though we are aware that all the Judgment Debtors are deemed to be aware of the Judgment through their Counsel.
“We are convinced that all the Judgment debtors, as law-abiding persons, would comply with the Judgment of the Court.”
Legal
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
E2%80%93-coalition-political 2022 Budget By Buhari Smeared With Borrowings, Loans, Ambiguous Projects – Coalition Of Political Parties
The Coalition Of United Political Parties (CUPP) has said the 2022 budget estimates presented to the National Assembly by President Muhammadu Buhari on Thursday is dented with new loans and borrowings.
CUPP’s spokesperson, Ikenga Imo Ugochinyere, in a statement said the only highlights of the budget were that the government tactlessly admitted that it was overwhelmed.
According to the statement, despite being the president’s last full-year budget, yet he did not include in the budget, items that would leave him with a lasting legacy.
The CUPP said, “Recurrent expenditures and capital expenses like purchase of cars, computers, and accessories, and other unnecessary and white elephant projects are all in the budget; the ruling party will use the budget to fund their 2023 election campaigns.
“An N16.39trillion budget contains Debt service of N3.61trillion, non-debt recurrent costs of N6.83trillion while there is the only capital expenditure of N5.35trillion.
“New borrowings in the budget total N5.01trillion with an extra N1.16trillion drawdowns on loans secured for specific projects. This is the highlight of the uninspiring speech of the President as it cannot add any productive value to the economy.
“Furthermore, a close look at the speech will show Nigerians that President Buhari has been perpetually funding the same set of projects without ever completing them.
“After borrowing over N33trillion, President Buhari is still declaring to Nigerians that he is borrowing to fund Lagos-Ibadan Expressway, Abuja-Kano Expressway, East-West Road, 2nd Niger Bridge, etc.
“Nigerians should please ask President Buhari; when will these projects, which have been in the budgets since 2016, be completed?”
CUPP explained that the President was several times thanking the lawmakers for speedy approvals, but Nigerians will notice that there was never any appreciation for critical analysis by the National Assembly.
“They quickly approved the Medium Term Expenditure Framework, they quickly approved the 2021 supplementary budget; they quickly approved loans and all borrowings and also will quickly approve this budget.
“All these were without critical analysis on the impact of their approvals on the people they represent. Nigerians are hereby called upon to bear yet again another year of suffering but have hope that when the opposition takes over, Nigeria will get back on its feet,” the coalition added.
Politics
News
AddThis
:
Original Author
:
SaharaReporters, New York
Disable advertisements
:
Read also
You can also check
