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Court dismisses Abba Kyari’s plea seeking to void charge against him

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Court remands man for allegedly stealing motorcycle

A Federal High Court, Abuja, on Wednesday, dismissed an application filed by suspended DCP Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency (NDLEA)’s charge against him.

Justice Emeka Nwite, in a ruling, held that the court had the exclusive right and jurisdiction to hear drug-related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act

The News Agency of Nigeria (NAN) reports that Justice Nwite had on Jan. 18, adjourned for ruling in the application filed by Kyari and three other co-defendants in the suit bordering on a drug offence.

The applicants are Kyari, ACP Sunday Ubia, Insp Simon Agirigba and Insp John Nuhu.

They had prayed the court to quash the criminal charge against them, in fresh motions on notice filed by their lawyers on the grounds that the suit was incompetent.

They urged the court to stop their trial because they had not been subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as provided by the constitution.

They said that the failure of the complainant (NDLEA) to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction to entertain the charge.

But the NDLEA counsel, Mr Joseph Sunday, opposed the application.

He argued that most of the cases cited by lawyers to the defendants did not relate to Police Service Act, saying the instant charge against the defendant was a criminal matter.

He submitted that the defendants through their applications had not, by way of affidavit or legal argument, established any condition precedence required for the filing of this charge.

“To that extent, their application must fail and be bereft of any factual evidence,” he said.

Sunday urged the court to dismiss the application and proceed to the hearing of the matter.

Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the FHC.

He said that the subject matter of the case was within the jurisdiction of the court.

According to the judge, Section 251(2)(F) and (3) of the Constitution confers the court the power to hear and determine the charge.

The News Agency of Nigeria (NAN) reports that on Sept. 5, 2022, in a fresh suit filed at the federal high court, the NDLEA accused Kyari of non-disclosure of assets.

According to the fresh 24 charges, the NDLEA said Mr Kyari failed to declare his ownership of the property in different locations in the Federal Capital Territory, Abuja and Maiduguri.

The anti-drug agency also said over N207 million and 17,598 Euro were also found in his various accounts in three banks.

(NAN)

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Judiciary

Court discharges man accused of burning father’s house in Abuja

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Court discharges man accused of burning father’s house in Abuja

A Chief Magistrates’ Court in Bassa, Abuja, on Friday discharged a 28-year-old man, Hamza Azizz, who was accused of setting his father’s house on fire in Bassa Village.

The Chief Magistrate, Abdulrazaq Eneye, released the defendant after he had spent three weeks at the Kuje Correctional Center.

Eneye also ordered Azizz to undergo counselling and warned him against committing similar offences in the future.

“The court can now discharge you into society after assessing your mental state through the correctional center,” the magistrate ruled.

Azizz expressed remorse for his actions, pleaded for leniency, and vowed to stay away from drugs.

The prosecution counsel, Mr  A. Aliyu, told the court that the defendant had poured kerosene on his father’s body before also dousing the house with kerosene and setting it ablaze.

The father later reported the incident to the police in Bassa Village.

Azizz was charged with mischief and criminal intimidation, offences that contravene Sections 327 and 397 of the Penal Code.

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Judiciary

Nnamdi Kanu apologises over attacks on judge, others

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Nnamdi Kanu apologises over attacks on judge, others

Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Friday, tendered an apology over his recent attacks on the Federal High Court and Justice Binta Nyako.

Kanu, through his new counsel and former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi, SAN, also apologised to the Federal Government’s lawyer, Chief Awomolo, SAN.

The IPOB leader equally apologised to his team of lawyers earlier led by Aloy Ejimakor for also attacking them while before Justice Nyako.

Kanu tendered the apology through his lead counsel, Chief Agabi, before Justice James Omotosho, the new trial judge.

Upon resumed trial, Agabi sought the court’s permission to deliver a message on Kanu’s behalf.

He said he had already discussed the development with the lawyer to the prosecution and Justice Omotosho granted the application.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had fixed March 21 for the trial of Kanu.

The judge fixed the date after the case file was transferred to him.

Kanu, who was brought back to the country in June 2021 from Kenya, was expected to take his plea as the case begins afresh (de novo).

NAN reports that the Chief Judge (CJ) of FHC, Justice John Tsoho, had, in a letter dated March 4 and addressed to Kanu’s lead counsel, Mr Aloy Ejimakor, communicated the re-assignment of the case from Justice Binta Nyako to Justice Omotosho.

The re-assignment followed the demand by Kanu and his team of lawyers for the transfer of the seven-count terrorism charge to another judge, after alleging bias.

Justice Nyako, on Sept. 24, 2024, withdrew from the case and sent the case file to the CJ of FHC for re-assignment.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

However, the CJ sent Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.

But Kanu and Ejimakor, on Feb. 10, insisted that Justice Nyako no longer had jurisdiction to preside over the case after her recusal (withdrawal) from the matter, prompting the judge to adjourned the case indefinitely (sine die).

NAN reports that Justice Ahmed Mohammed (who has been elevated to Appeal Court) and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

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Headlines

Supreme Court nullifies Rivers LG elections

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Supreme Court

The Supreme Court on Friday, nullified the Local Government election in Rivers State, which was conducted on Oct. 5, 2024.

A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.

Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.

Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.

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