Why Buhari MUST Obey Court Orders – Supreme Court

Why Buhari MUST Obey Court Orders – Supreme Court 
I

In the case of The Lagos State Government vs Chief Emeka Ojukwu,
It was held by the Supreme Court that….
“I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court further by seeking a remedy in a higher court while still in contempt of the lower court.
It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive. Under the Constitution of the Federal Republic of Nigeria, 1979, the Executive, the Legislative (while it lasts) and the Judiciary are equal partners in the running of a successful government.

The powers granted by the Constitution to these organs by s.4 (Legislative powers) s.5 (executive powers) and s.6 (judicial powers) are classified under an omnibus umbrella known under Part 11 to the Constitution as “Powers of the Federal Republic of Nigeria”.

The organs wield those powers and one must never exist in sabotage of the other or else there is chaos. Indeed there will be no federal government. I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness tantamount to a deliberate violation of the Constitution.

When the Executive is the Military Government which blends both the Executive and the Legislative together and which permits the Judiciary to co-exist with it in the administration of the country, then it is more serious than imagined.

By virtue of the Constitution (Suspension Modification) Decree 1984 No. 1 a good number of the provisions of the Constitution were suspended. Indeed, what was left was what had been permitted by the Federal Military Government to exist.

All the provisions relating to the Judiciary were saved. Section 6 of the Constitution, the most important provision, in so far as the institution known as the Judiciary is concerned, which vests in courts the judicial powers of the Federation was left extant. The Military Government had the power and still has to put an end to the existence of that provision, It has not done so, and that must have been advisedly for it does intend that the rule of law should pervade.

It is the clearest indication against rule by Tyranny, by sheer force of arms against a presumption subjecting the nation to the rule of might as against rule of right.

That being the case, it behoves of every organ of the Military Government to make it clear at all times, albeit as the presumption is always that of rule by might of the military, to assume a perennial onus of demonstrating a rebuttal of this onus.

With the contempt of the Court of Appeal by the Applicants still subsisting, it would he inequitable for this Court to give a consideration to the application of the Applicants. Let the Lagos State Government purge itself of this serious contempt, of this apparent violation of the Constitution even as amended by Decree No. 1 of 1984 before coming to seek the favour of the Court”

JUST IN!!! Nnamdi Kanu: Buhari Must Obey Court Orders, Else… – Femi Falana

JUST IN!!! Nnamdi Kanu: Buhari Must Obey Court Orders, Else… – Femi Falana


For 16 years that the Peoples Democratic Party was in power, the federal government exhibited total contempt for the Rule of Law. The Constitution and other laws were breached with impunity while court orders were disobeyed on a regular basis. In the famous case of Attorney-General of Lagos State v Attorney-General of the Federation (2005) 2 WRN 1 at 150 the Supreme Court held that “In our democracy all the Governments of this country as well as organizations and individuals must kowtow to the due process and this they can vindicate by resorting to the courts for redress in the event of any grievance.” One of the reasons why Nigerians voted for the candidate of the All Progressive Congress, General Mohammadu Buhari (rtd) during the last general election was his promise to fight corruption and end impunity in the country.

Upon winning the election, President Buhari further pledged to abide by the Rule of Law. To that extent, he has a duty to ensure that all organs and officials of the Government operate within the ambit of the law. In particular, he should not allow overzealous security personnel to engage in any form of impunity and thereby expose the Government to unwarranted embarrassment. In July last year, the State Security Service (SSS) searched the private residence of former NSA, Col Sambo Dasuki (rtd) at Abuja. When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that authorised the search. He was eventually charged with money laundering and criminal diversion of huge sums of public fund before the Federal High Court and the Federal Capital Territory High Court at Abuja.

Notwithstanding the gravity of the offences, both courts have admitted him to bail. But after he had met the bail conditions the SSS decided to rearrest him at the gate of Kuje prisons on the ground that investigations have not been concluded in respect of other criminal allegations. The decision of the SSS to ignore the order admitting Col Dasuki to bail coupled with the failure to re-arraign him on fresh charges is tantamount to impunity in every material respect. If the federal government were aggrieved by the order admitting Col. Dasuki to bail it should have challenged it in the Court of Appeal. Much as the Nigerian people are fully behind the Buhari Administration in the patriotic move to recover the looted wealth of the nation, the federal government should be advised to ensure that the procedure for the loot recovery meets the tenets of the rule of law.

The SSS and other security agencies should therefore refrain from allowing corruption to fight back by playing into the hands of the criminal suspects who have committed crimes against humanity by diverting money earmarked for the procurement of arms and armament to fight the terrorists. In the same vein, the order admitting the leader of the Indigenous People of Biafra, Mr. Nnamdi Kanu, to bail should also be complied with. If the federal government has other charges against both suspects it should file them in the court. There is no provision for keeping criminal suspects at the pleasure of security officials. Meanwhile, all valid and subsisting orders made by courts in favor of criminal suspects should be obeyed without further delay. To ensure that suspects are no longer held in custody in any part of Nigeria without any legal justification section 34 of the Administration of Criminal Justice Act has imposed a duty on each the Chief Judges to designate a Chief Magistrate and a Judge of the High Court to visit all police stations and other detention centers within their jurisdiction, at least once a month. During such visits, appropriate directives shall be given while any officer who detains any person illegally will be sanctioned.

Hijab Ban: Soldiers Publicly Remove Veil From Muslim in Lagos, and this Happened!

Some unidentified soldiers on Friday forcefully removed the veil, popularly referred to as Niqab, from a Muslim woman at Meran Area of Lagos. It was gathered the woman was going peacefully when two soldiers stopped and began to allegedly harass her. According to an eyewitness, identified as Adetutu, it took the intervention of passersby and sympathisers for the Muslim woman to get her veil back. Apart from the removal veil on Friday, two images had earlier been sighted separately at Ibadan. One of the images seen and allegedly signed by ‘Federal Government’ at University College Hospital, Ibadan read,”Wearing of long hijab is prohibited in government establishment for security reasons”. It will be recalled that this is happening few weeks to the comment that Federal Government may ban Hijab by President Muhammadu Buhari. President Buhari while commenting on the continued blasts in the North-East during his maiden media chat last Wednesday said, “We will have to consider banning of the Hijab if this (the suicide attacks) continues.” But on Friday (January 1), the President through his Senior Special Assistant on Media and Publicity, Garba Shehu, in a press release denied insinuations that his administration had plans to ban Hijab. While describing Hijab as the Muslim women’s dressing symbol of modesty, Buhari’s spokesperson added, “Everything will be done to balance national security requirements with the rights and obligations of citizens under their religions as protected by the constitution.” The eyewitness, who described the the removal of the Hijab as an embarrassing sight and injustice, urged the Federal Government to make an official pronouncement stating that the hijab has not been banned to avert further chaos. While narrating how the Hijab was removed, Adetutu said, “I arrived at the Meiran Bus Station to board a bus when I saw three armed military men stop a Muslim woman who was putting on ta black attire and a face veil. One of them confronted her asking why she used the face veil. “The woman was surprised and helpless. Almost immediately he (one of the soldiers) turned up her face veil to reveal her face. “The woman who felt ashamed only looked and could do nothing because the soldiers were heavily armed. “After one of the soldiers revealed her face, another soldier forcefully removed the veil from her saying ‘This thing is not allowed in our country. You can use it in your house but not here’. “He (the soldier) took the veil and was about leaving with it. All the woman could do was to plead with him to at least release the veil to her. “After harassing her in such a way that called attention of passersby, he (the soldier) returned the veil to her and she quietly left almost shedding tears.” Reacting to the pasting of a message to prohibit Hijab at UCH Ibadan, Amir of Muslim Students’ Society of Nigeria, UCH branch, Adam Hamzah said, “This is yet another reflection of open hatred of Islam. However, i want to urge our sisters to entertain no fear in showcasing the beauty of Islam through their Hijab. After all, they realised the essence of their existence unlike those who walk about in Unclothedness. “It is therefore imperative not to allow this issue derail us from the golden path. I am glad to inform you that MSSN at the branch,state,zonal and national levels is currently working assiduously to put a stop to this oppression. “Several notable Muslim personalities have been duly informed about the issue.This is with a view to ensuring that our SON sisters enjoy not only using Hijab in the hostel but also on the wards. I therefore charge us to join hands in making this a reality.” On her part, the Amirah of MSSN Lagos, Hajia Hafsoh Badru lamented many people have started harrasing female Muslims on Hijab. She added, “It is regrettable that such statement was made at a period when Muslim sisters are facing tough times in practising their religion. We are sure that the Presidency is not unaware of the continuous denial of Muslim students to use Hijab as guaranteed by the Nigeria constitution and United Nations Charter on Human Rights. “We hope that the earlier statement by the President won’t serve as a means for some bad eggs in governance to punish and harass females in Hijab or label them wrongly. We sincerely appeal to the president to mandate the Ministry of Information and other necessary agencies to release a circular that will guarantee female Muslims right to wear Hijab on the street, in schools and during their National Youth Service Corps (NYSC).

Abia North: Why Ndi Igbo Desperately Need Kalu in the Senate

Abia North: Why Ndi Igbo Desperately Need Kalu in the Senate
 
By: Eberekpe Ogho.


Dr. Orji Uzor Kalu, or OUK, as he is popularly referred, must have had a premonition of the future when he first walked into the tribunal hearing elections irregularities that the senatorial seat that was stolen from him by wrong voting and administration of such would at the end of the day see the day light of justice. His first response to the annulment of the election of the Abia North senatorial election was the vindication of the natural law of sowing and reaping. And how true this natural law is, especially for the strong man from that part of country who stands tall and powerful than the rest of them who had stolen the mandate of the people from him and thought it would never return forgetting the truism that what goes round certainly finds its way around.

Since the annulment of the election, OUK has been getting all manners of endorsements from every quarters of that region and until most lately, the grassroots from that region joining its voice to drum support for the man so much believed and hoped on with his capability to meet every responsibility the office of the senator would bestow upon him once the date of the re-run is fixed.

Not only should the grassroots of Abia North roll out its support for the man, every indigene of the state should do same because the man did not only touch the life of the populace of Abia North during his two terms as governor of the state, his impact was felt be all. And it would be of interest of note that not only the Abians have benefited from the magnanimity of this man whether in politics or business or outside of both, that his largeness of heart has reached out to every Nigerian one way or the other. And like the good philanthropist he is, his charitable heart is not defined without the adage of the Chinese that it not the giving of fish that draws all men to an individual but the ability for an individual to teach all men the best method of fishing with the net and making the relevant catch so that one does not end up as societal nuisance and a pain in the neck to self.

As governor of the state for two terms, he was able to cover a large area of the state and brought development and progress to it, and no wonder the sound of his drum beat is continuously louder and being heard from afar and near; so one can begin to imagine what he could do when he is elected as representation to the constituency of the size of just Abia North. The region would best be represented, no doubt, because he is not only going to bring his political insights to influence policy decisions that would affect the lives of those in that constituency to bear in the house, the people should be assured that his business acumen is going to speak volumes for them and the region.

Why should OUK be the senator to emerge from that region as soon as the date of the re-run is fixed? The purity of both his political as well as business heart which is geared towards the down trodden of his people has continued to speak well for him judging from the recent drum of support.

He has managed the state as governor ones and there cannot be any one better qualified than he to know what it takes to represent his people of the size he is destined with assurance. The people, more or less, now realise the need to see that their votes stand and count and the means to follow up their political mandate should there be a breach of this when this does not happen.

In all these supports, there should be some wary, worry and caution amongst those that form the political framework of the PPA so that these supports do not end up as just flash in the pan to be in the good book of the politician as has always been the wont of some electorates or groups whose only job it is to serve as hangers-on to remain relevant in the eyes of politicians because they are sure of the victory of that politician, which must transcend in frustrating the politician to meet their selfish demands and inglorious requests once in office.

The supports that are coming to OUK now should not end with him winning the senatorial seat of Abia North, it must continue into the office; all hands must be on board to see that as soon as the re-run is fixed and he is justifiably voted in as the senator from that constituent, the supports continue to work with and for him so that he is able to represent and serve them well.

And OUK, who is a fervent believer of God, must know that God will not allow him to take what he has not been developed to shoulder; with all the long wait, he sure must be ready and prepared for the task ahead of him with bold and ready shoulders waiting to be welcomed to the house of Nigeria decision making because he is known to many as one man with the immutable courage to withstand whatever task is thrust upon him. God may be enough, Kalu should have is plan for representation, too.

Eberekpe Ogho. eberekpewhyte@yahoo.com, www.eberekpe.com, 07065671125, 08163982461, 09092355662

Catalonia separatists to elect regional president

Members of Catalonia’s assembly are due to choose a new regional president after pro-independence parties reached an agreement to form a coalition.

The anti-capitalist CUP party and the Junts pel Si (Together for Yes) alliance are expected to elect Carles Puigdemont as regional president.

The two sides had disagreed over whether Artur Mas could continue as Catalan president following elections.

He has stepped aside in favour of Mr Puigdemont to avoid new elections.

Disagreements between secessionist parties, which gained a majority in September’s regional polls, have blocked the formation of a new Catalan government.

Mr Mas has been in power since 2010 and heads Junts pel Si, which won 62 of the 135 seats. But the CUP (Popular Unity Candidacy), which holds 10 seats, has refused to support him.
Mr Puigdemont is the mayor of the town of Girona.

Secession move

Nationally, Spain faces weeks of political uncertainty after an inconclusive general election on 20 December.
In November, the Catalan parliament voted to start the secession process – a move declared unconstitutional by Spain’s conservative Popular Party (PP), which ran the country before last month’s election.

Catalonia is a highly industrialised and populous region in Spain’s north-east that accounts for about a fifth of the country’s economic output.

Both the PP and the Socialists (PSOE), who came first and second respectively in Spain’s general election, oppose Catalan secession.

Biafra struggle not for thugs – Cleric

THE Arch-Bishop, Province of Niger Delta, Most Reverend Ignatius Kattey, has said that the struggle for Biafra was not for thugs and miscreants.

Kattey explained that it was necessary for people that mattered, including lawmakers, to come together and decide whether Biafra should be or not.

He stated that though he was neither in support nor against Biafra, it was not time to begin such agitation.
The cleric was making a reference to the agitation for a sovereign state of Biafra by members and supporters of the Indigenous People of Biafra and the Movement for the Actualisation of the Sovereign State of Biafra.
Speaking while delivering his sermon on Sunday during an inter-denominational service to mark the Armed Forces Remembrance Day at the Saint Thomas Anglican Church in Port Harcourt, Kattey insisted that the necessary authorities should take a decision on the matter.

“Men that matter, including House of Assembly and Representatives, Senate, should come together and decide whether they want Biafra or not. I am not against Biafra, I am also not in support of it.
Biafra is not for thugs; it is not for miscreants,” he stressed.

The cleric charged the Federal Government to always obey court orders, even as he decried a situation where those released by the court were rearrested within court premises by security agents.

“We must obey court orders. If the court releases a man, don’t catch him at the gate. I don’t support them (suspects, but let us abide by what the court has said. We must fear God because He has the final say,” Kattey added.

He urged the Federal Government to pay pensions of retired military personnel and also ensure that families of those who died while defending the country were taken care of.

In his remark, the Rivers State Governor, Chief Nyesom Wike, declared that the welfare of families of slain military personnel and surviving retired military personnel should be given top priority by relevant authorities.
Wike said that the nation needed to cater for all serving and retired military personnel who had sacrificed to protect others in the country.

The governor expressed the need to always celebrate the soldiers who lost their lives defending the nation while others were pursuing their personal endeavours.

“If we see what happens in the North East, then we will always appreciate these military personnel anytime we see them. If you see people who have volunteered to join the security forces when others are scared of making the sacrifice, we need to pray for them,” he said.

The governor stated that he was aware that the Federal Government was working hard to ensure that military pensioners were paid their entitlements as at when due.

He pointed out that all pensioners deserved to be paid regularly, adding that he has made the payment of pensioners and civil servants a top priority.

According to him, his administration has cleared the seven months pension arrears he inherited and paid pensioners up to November, 2015.

Biafra elections: Uwazuruike plans prayer session tomorrow

AHEAD of the Biafra election scheduled to begin on February 22, the new Biafra Independent Movement (BIM), led by Chief Ralph Uwazuruike, will, tomorrow, hold an inter-denominational prayer at the Ojukwu Me­morial Library in Owerri, Imo State.

BIM leader, Uwazuruike, who disclosed this at the weekend, said hundreds of clerics from both the South- South and South-East zones are expected to converge on Owerri for the three-day prayer and fasting to ask God to grant them a successful election.

According to Uwazuruike, other persons expected at the prayer session are: Dokubo Asari, leader of the Niger Delta Volunteer Force; and the founder of the Oodua Peoples Congress (OPC), Dr. Fredrick Fasheun.

He said the prayer, with the theme: “Give us Biafra”would be anchored by Apostle Gregory Ashieg­bu.
He pointed out that the scheduled election would be different from that of the Nigerian government, reveal­ing that a Catholic priest,Revd father Samuel Aniebo­nam would be the chairman of Biafra Independent Elec­toral Commission (BINEC).

Uwazuruike also disclosed that the planned Biafra elections would be by open ballot system popularly known as Option A4. He stressed that by May 22, elec­tions in all the offices would have been completed.