Lawyer Challenging IGP’s Tenure Extension Asks Court To Dismiss Objections To Suit - IReporteronline
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Lawyer Challenging IGP’s Tenure Extension Asks Court To Dismiss Objections To Suit

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A lawyer and plaintiff, Maxwell Opara, has approached the Federal High Court, Abuja, to sustain the suit challenging the tenure extension of the Inspector-General of Police, Mohammed Adamu, who is said to be due to have retired and handed over.

Opara, through his lawyer, Ugochukwu Ezekiel, in a “written submission in opposition to the notice of preliminary objection file by the second respondent – the IGP” dated March 11, 2021, asked the court to hear the suit and determine the validity of Adamu’s tenure extension.

The suit challenging Adamu’s tenure extension had been filed before the FHC, Abuja, under suit number, FHC/ABJ/CS/106/2021, with Opara as the plaintiff while the four respondents are the President, the IGP, the Attorney General and Minister of Justice, Abubakar Malami, and the Nigeria Police Council.

But on March 8, Adamu, the second respondent, through his lawyer, had filed a notice of preliminary objection of four grounds, wherein the following issues were raised.

“One; that the plaintiff/respondent lacks the requisite locus standi to file this suit. Two; the suit is incompetent as proper parties are not before the court. Three; the plaintiff failed to comply with Order 3 Rule 9 (2) d. of the Federal High Court (Civil Procedure Rules) 2019. Four; the court lacks jurisdiction because the matter before the court relates to employment,” Adamu’s lawyer had said.

SaharaReporters learnt on Monday that the plaintiff’s lawyer, however, filed a counter-affidavit, asking the court to sustain the suit and bring forward a document of the “written submission in opposition to the notice of preliminary objection file by the second respondent – the IGP.”

The document partly reads, “The plaintiff/respondent opposes the preliminary objection on the grounds that they are unfounded and ought to be dismissed with substantive cost.

“On issue one of locus standi, my Lord, the locus standi has been defined in plethora of authorities as the right of a party to be heard by a court or tribunal. At this stage, the likelihood of the success or otherwise of the plaintiff is not considered but whether such plaintiff has the requisite right or interest to institute the action.

“We humbly submit that in matters that border on public interest litigation or interpretation of the constitution, as in this case, the plaintiff is only required to show that he is a taxpayer and a Nigerian citizen and then he will be fully clothed with the requisite locus standi to bring and maintain an action.

“My Lord, all the cases cited by the learned senior counsel for the second respondent and applicant are cases that do not involve the interpretation of the constitution and they are not applicable in this case.

“A cursory look at the originating summons, the questions posed for the determination of this court and the reliefs sought will show that what the plaintiff is seeking is interpretation of the sections 215,216 of the constitution of the federal republic of Nigeria, 1999 as amended and sections 7 (2), (6), and 18 (8) of the Police Act, 2020, as it affects the executive decision and administrative action of the respondents. The court clearly has the powers to the exclusion of any other court to interpret the constitution as it affects the action of the federal government led by the first respondent or any of its agencies.

“We urge the court to dismiss the notice of preliminary objection for being misleading and totally lacking in merit on the following grounds. One; the plaintiff/respondent is clothed with the requisite locus standi to institute and maintain this action. Two, the suit is competent as proper parties are before the court. Three, the court has jurisdiction because the plaintiff/respondent aptly complied with the rules of court and this court has jurisdiction to hear and determine this matter, not the National Industrial court.”

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Group Advocates Ban On Open Grazing In Edo

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A Non-governmental organisation, New Nigeria Initiative (NNI), Wednesday, advocated a ban on open grazing to prevent herders and farmers clash in Edo.

The group said Edo and the entire country were being gripped by endemic brutality, untold cruelties and awful cycles of events arising from clashes between herdsmen and farmers.

President of the group, Mr Uwadiae Odigie, stated this when the group visited the state acting permanent secretary, state ministry of Agriculture and Natural Resources, Peter Aikhuomobhogbe, in Benin .

According to him, “NNI had in the wake of these attacks in June, 2000 dropped a private bill titled:  “the Prohibition of cattle grazing” in the State House of Assembly.
“But, regrettably nothing came out of it and the result has been the reign of reckless bloodshed by  criminal herdsmen in the State.
“The unabated tragic drama mostly in Edo spurred us to re-introduced a modified version of the bill  to the Dtate House of Assembly.”
Responding, the acting permanent secretary said government was concerned about the security situation in the state.

Aikhuomobhogbe said, “Government is doing its best to ensure food security in the state. If the cattle continue to destroy farmlands, it will affect food security.”

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10 Former Nigerian Governors Linked With N30billion Properties In UK

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A new report has linked 10 former Nigerian governors to properties worth £56 million (about N30 billion) in the United Kingdom.

The report on illicit financial flow (IFF) from Nigeria to the UK and the United Arab Emirates (UAE) also shows that 216 properties are owned by 13 law enforcement officers in the UAE.

The report was presented at a media roundtable organised by the Human and Environmental Development Agenda, (HEDA Resource Centre) in collaboration with the MacArthur Foundation.

The identities of the former governors were not disclosed.

Dr. Gbenga Oduntan of the Kent Law School, University of Kent, UK presented the report titled, “Fixing Nigeria’s Illicit Financial Flows: A critical review of UK and UAE Policies, Laws and Practices.”

Commenting on the report, Chairman of HEDA, Olanrewaju Suraju, said funds stolen from Nigeria and taken to the UK and UAE were mind-boggling.

He noted that both countries have become enablers of illicit funds and stressed the need to challenge external collaborators aiding the flow of illicit funds out of Nigeria.

“We should make it difficult for people to take out the proceeds of crimes,” he said, adding that the UK and UAE should protect their systems from “those toxic resources.”

The HEDA Chairman noted that while over $50 billion is lost annually to illicit financial flow in Africa, Nigeria is the leading country in terms of IFF.

Stakeholders have however advocated for the creation of a tripartite anti-corruption task force for the three countries to stop the illicit financial flow.

Oduntan, who presented the research report, said apart from the huge amount of money illegally stashed abroad by politically exposed persons in Nigeria, $15 billion alone is lost to tax evasion by multinationals in Nigeria.

In addition, he said there is heavy under-invoicing between Nigeria and the UK, adding that fixing Nigeria’s illicit financial flow would require the destination countries to collaborate with Nigeria to shut down their systems against suspected proceeds of crimes.

However, he lamented that this is not the case, saying in the UAE, findings show that prosecution of money laundering cases is very low.

Source: Sahara Reporters

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JUST IN: Boko Haram Currently Attacking Borno Community

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Damasak, the headquarters of Mobbar Local Government Area of troubled Borno state has again come under Boko Haram attack on Wednesday afternoon, a security source told SaharaReporters.

The incident is the 8th attack on the community within a week, the source added.

Damasak is a border community with the Niger Republic north and is about 180 km drive from Maiduguri, the state capital.

The insurgents had on Tuesday evening invaded the community and wreaked havoc without confrontation.

The gunmen were reported to have razed the Divisional Police Command, schools, shops and residential houses as they hoisted their flags in strategic locations within the town.

On Saturday, the insurgents attacked the community, setting fire on United Nations facilities and forcing humanitarian workers to flee for their lives.

About three soldiers were shot dead by the gunmen while many persons were killed when a military jet that came to salvage the situation dropped a bomb that landed in a compound where civilians were having christening.

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