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Appeal Court reserves judgment on appeal to address extra-judicial killings in Nigeria
From Lateef Taiwo
The Court of Appeal, Abuja Division, has reserved judgment on an appeal seeking to address the prevalence of extra-judicial killings in the country.
The appellate court reserved the judgment after parties in the suit adopted their final briefs of arguments.
Emmanuel Ekpenyong a Nigerian citizen and legal practitioner had dragged the President, Federal Republic of Nigeria and the Attorney-General and Minister of Justice of the Federation as 1st and 2nd defendants to court.
In the suit, he stated that the wanton loss of human lives in Nigeria in recent times has put him as a “person” described under Section 33 (1) of the Nigerian Constitution in reasonable apprehension that his right to life under Section 33 (1), Chapter IV of the Nigerian Constitution is likely to be contravened.
In the originating summons marked: FHC/ABJ/CS/755/2020 dated and filed July 10, 2020, the plaintiff submitted six questions for determination.
Ekpenyong urged the court to determine whether his right to life enshrined in Section 33 (1) of Nigerian Constitution “means the protection of the plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?
“Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution prohibits any unlawful acts of omission or commission by the Nigerian state, Nigerian police, other law enforcement agents and private individuals which are capable of terminating the plaintiff’s life?
“Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution extends to the right against torture and inhuman treatment, right to personal liberty, right to fair hearing, right to private and family life, right to acquire and own immovable property anywhere in Nigeria, right to adequate compensation upon compulsory acquisition of property as enshrined in Sections 34 to 44 of the 1999 Constitution, among others.”
He then sought an order of mandatory Injunction compelling the defendants to take immediate steps to overhaul and reform the Nigerian police and other law enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.
He said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a court of competent jurisdiction, among other reliefs.
The presiding Judge, Justice Nkeonye Maha in his judgment, dismissed Ekpenyong’s suit for lack of reasonable cause of action against the defendants.
The judge held that he failed to present sufficient facts in proof of the case and awarded a cost of N100,000.00 against the plaintiff.
Ekpenyong however approached the Court of Appeal, Abuja Division to appeal the lower court judgment delivered on May 6, 2022, which dismissed his suit.
In the notice of appeal dated June 29 2022, the appellant, Ekpenyong prayed the Appeal Court to allow the appeal and set aside the lower court judgement.
The appellant, who urged the appellate court to also set aside the N100, 000 cost, sought an order granting all the reliefs sought in his originating summons filed on July 10, 2020.
Also in his brief dated Dec. 22, 2022, and filed Dec. 23, 2022, Ekpenyong prayed the court to hold that the decision of the trial court amounted to a miscarriage of justice when it held that some paragraphs in his affidavit were incompetent and refusing to determine the germane questions of law.
He contended that he is a “person” as envisaged under Section 33 (1) of the Nigerian Constitution and he has locus standi to institute the suit.
He further contended that a Nigerian citizen has a right to apply to courts for interpretation of provisions of the Nigerian Constitution.
He argued that he must not wait for his right to life to be threatened or deprived before he has a right of action because the right is meant to protect his life while he is still alive.
Ekpenyong further argued that under Section 46 (2) of the Nigerian Constitution, mere apprehension that his right to life is likely to be contravened constitutes a reasonable cause of action.
“The prevalence of extra-judicial killings in Nigeria in recent times is a notorious fact which need no further proof,” he added.
Ekpenyong wants the appellate court to hold that he has disclosed a reasonable cause of action against the respondents because the wanton loss of lives in the country in recent times has put him in reasonable apprehension that his right to life is likely to be contravened.
But the respondents prayed the Appeal Court to dismiss the appeal.
In a brief of argument filed by O.A. Oloruntogbe, the 1st and 2nd respondents argued that the principle of justiciability is underpinned by the consideration that judicial procedures are unsuitable and ill-equipped to deal with hypothetical or empty jurisprudential issues such as the appellant’s case.
According to them, there must always be a live issue tied to the subject matter forming the basis upon which a litigant approaches a court for reliefs.
“For courts exist not for fanciful or merely academic claims but to grant reliefs or remedies to an injured party or a party who is likely to suffer an injury,” they said.
They submitted that Ekpenyong’s claims that the wanton killings reported in the news put him in the fear of his life was completely misplaced as perceived.
They said “the reliance on a slew of academic papers and online news reports of the spate of crime and alleged police brutality in Nigeria cannot by any stretch of imagination be a breach of the appellant’s fundamental rights, which have not been shown in this case, to have been personally breached.
News
Centre for Credible Reforms Lauds Transparency in Ongoing Insurance Sector Reforms
The Centre for Credible Reforms and Institutional Accountability (CCRIA) has commended the Commissioner for Insurance and Chief Executive Officer of the National Insurance Commission (NAICOM), Mr Olusegun Ayo Omosehin, for promoting transparency and accountability in the ongoing reforms of Nigeria’s insurance industry.
The centre said the implementation of the Nigerian Insurance Industry Reform Act (NIIRA) 2025 had ushered in a new phase of development for the sector, with stronger regulatory standards, improved capitalisation and greater emphasis on protecting policyholders.
Dr Aminu Abubakar Aminu, president of the centre, said this in a statement at the weekend.
Aminu commended President Bola Tinubu and the National Assembly for the enactment of NIIRA, describing the legislation as a major step towards addressing longstanding challenges in the insurance industry.
“The enactment of the Nigerian Insurance Industry Reform Act is a significant milestone in the development of Nigeria’s insurance sector. We commend Mr President and the National Assembly for recognising the need to modernise the legal and regulatory framework governing the industry. NIIRA provides the foundation for an insurance sector that is better capitalised, more accountable, more responsive to policyholders and better equipped to contribute meaningfully to the Nigerian economy,” he said.
The centre also praised Omosehin for his leadership of NAICOM, saying his extensive experience as an insurance professional had positioned him to effectively implement the new regulatory framework.
“We consider the appointment of Mr Olusegun Ayo Omosehin as Commissioner for Insurance and Chief Executive Officer of NAICOM a timely and appropriate decision. He is a seasoned insurance professional with many years of experience in the industry, and his understanding of the sector gives him the practical knowledge required to lead an important reform process of this nature. We commend him for the direction he has provided since assuming office and for his commitment to strengthening the industry,” Aminu said.
According to the centre, the ongoing recapitalisation exercise was among the important steps taken to strengthen the financial capacity of insurance companies and improve their ability to meet obligations to policyholders.
Aminu said the reforms were already producing early gains and should be sustained through consistent implementation.
“The early developments under NIIRA demonstrate that the reform is not merely a legislative exercise but a process capable of producing measurable improvements in the industry. Stronger capital requirements, improved supervision and greater attention to policyholder protection will ultimately create an insurance market that Nigerians can trust. We encourage NAICOM to remain focused on the implementation of the Act and to continue providing clear guidance to operators and other stakeholders,” he said.
The centre noted that the reforms would also help deepen insurance penetration and strengthen the industry’s contribution to national economic development.
It urged insurance companies, brokers, reinsurers, professional bodies and other stakeholders to embrace the new framework and work with NAICOM to achieve the objectives of the legislation.
“The success of NIIRA will require the cooperation of every stakeholder in the insurance ecosystem. Operators must see the reforms as an opportunity to strengthen their institutions, improve their services and regain the confidence of Nigerians. A well-regulated insurance industry can mobilise long-term capital, protect businesses and households against risks and support investment and economic growth. These are benefits that go beyond the insurance industry itself,” Aminu said.
Aminu emphasized that the centre was particularly encouraged by the emphasis on policyholder protection under the new framework, noting that public confidence remained critical to the growth of insurance in Nigeria.
He said Nigerians should be able to purchase insurance products with confidence that operators had the financial capacity and institutional structures required to honour legitimate claims.
The president further urged NAICOM to sustain its engagement with stakeholders while ensuring that the provisions of NIIRA were implemented transparently and consistently.
“What is required at this stage is continuity, professionalism and commitment to the objectives of the law. The reforms must be sustained beyond the initial implementation period so that the gains can become permanent features of the industry. We believe NAICOM, under the leadership of Mr Ayo Omosehin, has an important responsibility to ensure that the momentum is maintained, and we encourage all stakeholders to support the commission in delivering on this mandate,” he said.
The centre said the successful implementation of NIIRA would strengthen confidence in the insurance sector, improve the protection available to policyholders and position the industry to play a greater role in Nigeria’s economic transformation.
It also called for continued collaboration between NAICOM, insurance operators and other stakeholders to ensure that the objectives of the new law were fully achieved.
News
Hon. Amb. Jim Okolo Promotes Nigeria’s Vast Potential at New York Independence Day Celebration
As Nigerians from across the United States gathered in Manhattan to celebrate Nigeria’s Independence Day in grand style, Hon. Amb. Jim Okolo used the occasion to share an inspiring message about Nigeria’s immense possibilities, rich cultural heritage, and promising future.
Speaking with members of the media during the colourful celebration, Hon. Amb. Okolo described Nigeria as one of the most blessed nations in the world, endowed with abundant natural resources, a dynamic population, and a cultural heritage that continues to earn global recognition.
According to him, Nigeria possesses enormous deposits of valuable minerals and other natural resources that, if fully harnessed, can accelerate economic growth and create prosperity for millions of citizens. He noted that the country is strategically positioned to become a leading destination for investment in mining, agriculture, technology, manufacturing, and infrastructure development.
Beyond its natural wealth, Hon. Amb. Okolo emphasized that Nigeria’s greatest strength remains its people. He praised the creativity, resilience, intelligence, and entrepreneurial spirit of Nigerians, pointing out that Nigerian professionals, innovators, academics, and business leaders continue to excel in various sectors across the world.
The respected diplomat also spoke passionately about Nigeria’s unique cultural identity. From the colourful festivals of its diverse ethnic groups to its globally celebrated music, fashion, literature, cuisine, and film industry, he described Nigeria as a nation whose cultural influence extends far beyond its borders.
He noted that Nigeria’s diversity is one of its greatest treasures, bringing together hundreds of ethnic nationalities with distinct traditions and languages that collectively form a vibrant and unified national identity.
While addressing questions on security, Hon. Amb. Okolo maintained that although Nigeria faces certain security challenges, the situation is not always as severe as often portrayed by social media discussions and sections of the international media. He stressed that millions of Nigerians continue to live, work, study, invest, and contribute meaningfully to society every day.
He called on the international community, investors, and members of the diaspora to focus on Nigeria’s strengths, opportunities, and achievements rather than allowing negative narratives to define the country’s image.
“Nigeria remains a land of opportunity, innovation, and hope. It is a nation blessed with extraordinary human capital, abundant resources, a rich cultural heritage, and a people whose determination and resilience continue to inspire the world,” he said.
The celebration was attended by several distinguished personalities, including the United Nations Secretary-General, Hajia Amina Mohammed, the Nigerian Ambassador to the United Nations, diplomats, business leaders, community stakeholders, and prominent members of the Nigerian diaspora.
The event transformed parts of Manhattan into a vibrant showcase of Nigerian pride, featuring cultural exhibitions, traditional performances, business networking sessions, authentic Nigerian cuisine, and displays highlighting the country’s achievements and diversity.
Adding excitement to the festivities were thrilling performances by internationally acclaimed Nigerian music stars Patoranking, Runtown, and BNXN (formerly known as Buju), who entertained thousands of attendees and demonstrated the growing global appeal of Nigerian music.
As the celebration came to a close, the message from Hon. Amb. Jim Okolo resonated strongly among participants: that Nigeria is far more than the challenges often highlighted in headlines. It is a nation blessed with extraordinary talent, vast opportunities, cultural richness, and the potential to achieve even greater success on the global stage.
News
Mailafia: Critics Won’t Stop My Peace Cup Mission
…as Mailafia 10th Edition Peace Cup set to kick off 10th October
Amb. Dr. Yakubu Agabi Mailafia, organiser of the Mailafia Peace and Unity Football Competition, has said he will not be deterred by criticisms over the resources he commits to the annual grassroots football tournament, insisting that his focus remains on creating opportunities for young talents.
Mailafia stated this on Saturday during the draws for the 10th edition of the competition, where he said he derives peace and fulfilment from organising the tournament because of its contribution to youth development, talent discovery and peaceful coexistence.
He said despite comments by some people that he was wasting his resources on the competition, he remained committed to the initiative because of the opportunities it provides for young footballers.
“People have said that I am wasting my resources in organising the competition, but I am not perturbed by what they are saying,” Mailafia said.
According to him, his major concern is to ensure that young and talented players are given the opportunity to showcase their abilities and pursue football careers, not only in Nigeria but also abroad.
Mailafia said the competition had continued to enjoy grassroots support, describing it as a platform that has attracted attention beyond Nasarawa State and Nigeria.
“I find peace organising this competition,” he said, adding that it was “the only competition that carries grassroots support, not just in Nigeria but in Africa.”
He said the tournament was more than a football competition, stressing that it was intended to provide young people with a platform through which their talents could be identified, developed and exposed to opportunities.
Mailafia therefore charged the organisers of the 10th edition to remain committed and focused, urging them to take ownership of the competition and ensure that it was conducted according to acceptable best practices.
“I want the organisers to be committed and focused and see the competition as their own, to take over ownership of the competition and ensure that it is done with the best practice needed,” he said.
The 10th edition of the Mailafia Peace and Unity Football Competition is scheduled to commence on October 10, 2026, with 32 teams drawn from across Nasarawa State expected to participate in the tournament.
Speaking during the draws, President of the Dedere Progressive Mandate Youth, Comrade Aminu Musa Rilwanu, said the exercise was organised to prepare the teams and officials for the commencement of the competition.
Rilwanu said the competition, hosted annually by Mailafia, Majinkiran Daddere, had contributed to the discovery and development of football talents at the grassroots.
He said thousands of youths had benefited from the competition at the state, national and international levels, citing Anas, a former Nasarawa United player, as one of the players discovered through the tournament.
According to him, Anas was spotted through the competition and has since progressed in his football career abroad.
Rilwanu said the tournament had therefore continued to serve as a platform for young footballers to demonstrate their abilities and pursue opportunities beyond their communities.
“The draws are to prepare the players and organise for the competition proper,” he said.
He urged all the 32 participating teams to approach the tournament with the spirit of peace and unity, stressing that their participation should contribute to peaceful coexistence among youths across Nasarawa State.
“We urge all the 32 teams from across Nasarawa State to ensure that their participation will bring about unity and peace in the state,” Rilwanu said.
He also called on officials involved in the competition to demonstrate commitment and maintain effective communication throughout the tournament.
Rilwanu said dignitaries from within and outside the state were expected to grace the opening ceremony on October 10, as activities begin for the 10th edition of the competition.
According to verifiable reported, the annual tournament has over the years provided a grassroots platform for young footballers to compete, develop their skills and seek opportunities for progression within and outside Nigeria.
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