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Court restrains Police, Gombe govt from inviting, arresting Kera

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Court restrains Police, Gombe govt from inviting, arresting Kera

The High Court of Justice of Gombe State has ordered the Police and the State Government to stop inviting or threatening to arrest the Publisher of Daylight Reporters, Dahiru Hassan Kera.

Justice H. H Kereng gave the order in his ruling on the case with suit no: GM/145M/2022, which has the Inspector General of Police, Commissioner of Police in Gombe State, Idris Mohammed, DSP Thomas Eric Umeadi (O/C Legal Gombe State Command), Governor of Gombe State, Attorney General of Gombe State, Hon Muhammed Gambo Magaji (Commissioner of Finance, Gombe State) as 1st – 7th respondents respectively.

According to the court order, the invitation and threats to arrest Kera is a breach of his Fundamental Rights under Sections 34, 35, 39 and 41 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights and Universal Declaration of Human Rights.

It reads, “That the invitation and threatened arrest of the Applicant by the 3rd respondent (IDRIS MOHAMMED) and officer of the 1st Respondent under the command of the 2nd Respondent and on the advice of the 4th respondent is a threatened breach of the Fundamental Rights of the Applicant especially the provision of Sections 34, 35, 39 and 41 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights and Universal Declaration of Human Rights.

“That the continued invitation and intimidation of the Applicant by the Officers/Agents of the 1st Respondent is likely infringement of his Fundamental Rights as enshrined in the 1999 Constitution (as amended).

“That the publication by the Applicant of 22nd May, 2021 based on the facts stated therein is not pregnant with any criminal offence whatsoever as to warrant the involvement of the 1-4 Respondents or any other police officer whatsoever.

“That the Respondents, their officers, agents, servants, privies and/or whoever is acting on their behalf is hereby ordered to stop forthwith any invitation.

Court restrains Police, Gombe govt from inviting, arresting Kera
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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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