World News

Saturday, July 08, 2017

 Nigerians Sue Buhari Over His Health, Want Court To Order NASS To Remove Him


A lawyer and medical practitioner, John Larry Ojukoko Esq. and Dr. Ejiro Imuere, have approached a Federal High Court sitting in Warri, Delta State, seeking an order of mandamus compelling the Senate President and Speaker, House of Representatives, to set up a medical panel to examine the medical fitness of ailing President Muhammadu Buhari and remove him if he can no longer continue.

Joined in the suit are the Acting President, Prof Yemi Osinbajo, SAN, and Attorney General of the Federation.

Specifically, the plaintiffs want the court to determine the following:
“Whether or not by the combined effect of sections 144 (1) and (2) of the 1999 constitution of the Federal Republic of Nigeria as amended, impose a duty on the 2nd, 3rd and 4th defendants to verify the medical fitness of the president of the Federal Republic of Nigeria where exist a clear evidence that the president of the Federal Republic of Nigeria over a period of time is incapable of performing his constitutional duty due to ill health.

“Whether or not by the combined effect of the provisions of section 14 (2) (b), section 143 (1), (2) (11) of the 1999 constitution of the Federal Republic of Nigeria as amended vis a vis the incessant killings and wanton destruction of properties by group identified as herdsmen with no visible and decisive move to end same by the 1st defendant amount to “gross misconduct on the part of 1st defendant.

“Whether the May 2017 recruitment of 479 cadet officers by the Department of State Service (DSS) of which 331 (Three Hundred and Thirty One ) are from the 3 Northern Geographical Zone of North West, North East and North Central with Katsina State having 51 cadet officers, while the 3 South Geographical Zone of West, East and South admitted 143 cadet officers with Lagos having 7 cadet office, contravened section 14(3) of the 1999 constitution of the Federal Republic of Nigeria as amended thereby amount to “gross misconduct” on the part of the 1st Defendant as defined in Section 143 (ii) of the 1999 constitution as amended.”


Upon the determination of the above three questions, the plaintiffs’ claim against the defendants jointly and/or severally are as follows:

“A Declaration that the combined effect of sections 144 (1) and (2) of the 1999 constitution of the Federal Republic of Nigeria as amended, impose a duty on the 2nd, 3rd and 4th Defendants to verify the medical state of the 1st Defendant to ascertain whether he is capable of performing his constitutional duty as President of the Federal Republic of Nigeria.

“A Declaration that by virtue of Section 14 (2) (b) of 1999 Constitution as amended, the 1st Defendant is duty bound to put an end to the incessant killing and wanton destruction of properties across Nigeria by the group known as herdsmen.

“A Declaration that lopsided recruitment of 479 cadet officers into the Department of State Service contravenes Section 14(3) of the 1999 Constitution as amended.

“A Declaration that, the non -adherence to Sections 14 (2) (b) and (3) of the 1999 Constitution as amended the 1st Defendant, has failed in his constitutional duties and his oaths of allegiance.

“An Order of Mandamus compelling the 2nd and 3rd defendants to set up a medical panel to examine the medical fitness of 1st defendant to discharge the function of the office of President.

“An Order of Mandamus compelling the National Assembly to set in motion the provision of Section 143 of the 1999 Constitution.

No date has been fixed for hearing of the suit.

By Wale Odunsi

Wednesday, July 05, 2017

High Court Dismisses Tompolo's Suit Against FG
A Federal High Court in Lagos on Wednesday, dismissed the suit filed by Chief Government Ekpemupolo, alias Tomopolo, challenging a criminal charge preferred against him by the Federal Government.

Tompolo, through his lawyer, Mr Ebun Olu-Adegboruwa, had approached the court seeking nullification of section 221 and 306 of Administration of Criminal Justice Act (ACJA) 2015, under which he was charged.

He argued that the two sections violated his constitutional right to fair hearing.
Joined as defendants in the suit are: the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.

In the application, Tompolo also argued that both sections 221 and 306 of the ACJA are unconstitutional since they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge.

Responding to Tompolo’s application, the Federal Government, through its lawyer, Mr Idris Mohammed, urged the court to dismiss the suit with a substantive cost, saying it is an abuse of court process.

Dismissing the suit, Justice Mojisola Olatoregun, held that the Supreme Court had affirmed that whether a charge is defective or not, an accused is bound to first take his plea.

He added that an interlocutory application could stop a criminal trial.

The judge, however, did not award any cost against the plaintiff.

By Wale Odunsi

Tuesday, July 04, 2017

Kaduna: Another High Court Stops El-Rufai From Sacking Village Heads


A High Court sitting ‎in Zaria, Kaduna State on Tuesday, granted an order of interim injunction, restraining governor Nasiru Ahmed El-Rufai of Kaduna State from taking any step whatsoever to fill the offices of District and Village heads within their domains pending the hearing and determination of Motion on Notice.

Others restrained from taking such actions include the Attorney General of Kaduna State ,Jaafaru Ibrahim Sani (Commissioner Kaduna Ministry of local government affairs), Kaduna State council of Emirs and Chiefs, Zazzau Emirate council, Kaduna State House of Assembly either by themselves or via their agents, servants and privies or any one, committee, task force, ministry or whosoever described acting on the instructions or directives of the defendants.

Similarly, an order of interim injunction was also granted, directing the parties to the suit to maintain the status quo ante prior to issuance of letters MLG/CA/45/427 and MLG/CA/45/462 dated 7th June, 2017 and 12th June 2017 respectively by the 1st, 2nd and 3rd defendants pending the hearing ‎and determination of the Motion on Notice.

An order was also granted restraining the 5th Defendant/respondent from making any recommendation pursuant to the said letters/circulars herein mentioned and restraining the 1st-3rd defendants/respondents from acting on any such recommendations if any has been made pending the hearing and determination of motion on notice.


Alhaji Lawal Iro (Magajin Mallam Zazzau Hakimin Samaru) Alhaji Falalu Umaru (Maharin Zazzau Hakimin Dutsen Abba and Alhaji Isah Suleiman (Danmalikin Zazzau Hakimin Nassarawan Doya) who are plaintiffs in the suit No. KDH/Z/144/2017 suing for themselves and on behalf of the duly appointed District Heads whose positions are illegally threatened by the defendants had prayed for an order of Interim Injunction restraining the defendants/respondents either by themselves or via their agents, servants and privies or any one, committee, task force, ministry or whosoever described acting on the instructions or directives of the defendants from acting on the directives contained in the letters and or circulars or take any step whatsoever to fill the offices of District and Village Heads within their domains pending the hearing and determination of Motion on Notice.

The plaintiffs also prayed for an order of interim injunction restraining the Defendants/Respondents directing the parties to the suit to maintain the status quo ante prior to issuance of letters MLG/CA/45/427 and MLG/CA/45/462 dated 7th June, 2017 and 12th June 2017 respectively by the 1st, 2nd and 3rd defendants pending the hearing ‎and determination of the Motion on Notice.

The plaintiffs also sought for an order of interim injunction directing the parties to the suit to maintain the status quo ante prior to issuance of letters MLG/CA/45/427 and MLG/CA/45/462 dated 7th June, 2017 and 12th June 2017 respectively by the 1st, 2nd and 3rd defendants pending the hearing ‎and determination of the Motion on Notice already filed.

According to the presiding judge, Honourable Justice B. F Zubairu , the restraining order which was signed by himself also signed by the Registrar Buhari Aliyu Esq dated the 28th day ‎of June, 2017 was based on the 24 paragraphs affidavit in support of the motion paper by Mr. Yemi S. Adekunle with W. U Abdul Azeez Esq and S. Garba Esq, counsel for the Applicants.

Recalled that another High Court sitting in Kafanchan had earlier given a restraining order in a similar suit by another plaintiffs.

Meanwhile, the matter has been adjourned to Wednesday 5th July, 2017 for hearing of the Motion on Notice.


By Amos Tauna
Alleged Boko Haram Sponsorship: Court Acquits Senator Ndume


A Federal High Court sitting In Abuja has discharged and acquitted immediate past Senate leader, Senator Mohammed Ali Ndume of all charges of terrorism brought against him.

Recall that a spokesman of the terrorist sect, Boko Haram, Ali Sanda Umar Konduga, also known Al-Zawahiri, was last year arrested by the police in the house of Ndume.

The Federal Government had arraigned Ndume in 2011 and re-arraigned him in 2013 on a four-count charge of allegedly sponsoring the Boko Haram sect.

The offence according to the Federal Government, contravened Sections 3, 4 and 7 of the Terrorism Prevention Act 2011.

However, when the case came up on Tuesday, Justice Gabriel Kolawole discharged the senator on the grounds that no prima facie case was established against him.

Delivering judgment in a no case submission argued by Mr Ricky Tarfa on behalf of the Senator, Justice Kolawole held that the prosecution failed on all fronts to link the defendant with the alleged crime of hoarding information on terrorism activities and sponsoring the Boko Haram sect.

By Ameh Comrade Godwin