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Appeal Court reserves judgment on appeal to address extra-judicial killings in Nigeria

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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.

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RUN Set to Mobilize Millions of Youth for Tinubu/Akpabio Ahead of 2027

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Following the conclusion of party primaries, Rising Up for a United Nigeria (RUN) as a civil society group championing the cause of all youths and middle age citizens has congratulated His Excellency, President Bola Ahmed Tinubu on his landslide victory in the presidential primaries recently held.

RUN also congratulated Senator Godswill Akpabio for emerging unopposed and the wild jubilation that greeted his victory as the Senator representing his constituency, the good people of Akwa Ibom State and Nigeria at large.

In a press release signed by Amb. Solomon Adodo and made available to journalists, a copy of which was sighted by our correspondent, the group described the win of the duo as beam of hope for Nigeria beyond 2027.

According to him, “the win of Asiwaju and Akpabio signals a beam of hope for Nigeria that beyond 2027, we shall be consolidating on the gains of synergetic partnership between the legislature and the executive as a precursor for rapid development.

“The support extended to Mr. President by the Senate President has yielded significant strides in fasttracking development across all parameters that affect national productivity”

The group therefore called on all Nigerians to come out in their numbers to support the president while outlining series programs with potentials to foster national unity across regional and religious lines.

“As a group representing the interests of Nigeria youths, we are determined to key into the Renewed Hope Agenda of Mr. President towards improving the skill set of Nigeria youths towards increased productivity and an end to unemployment”, the release stated.

The group expressed confidence in the possibility of a new Nigeria of our dreams with the victories of President Bola Ahmed Tinubu and Senator Godswill Akpabio who will definitely be handed a second term as the Senate President “to continue synergizing with Mr. President for a better Nigeria”.

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HON. JA’AFARU YAKUBU HONOURED WITH DOUBLE TRADITIONAL TITLES OF CHIROMAN GASSOL AND MARAFAN BAKUNDI BALI

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The Member representing Bali/Gassol Federal Constituency in the House of Representatives, Hon. Ja’afaru Chiroma Yakubu (ADC), has been conferred with two prestigious traditional titles — Chiroman Gassol and Marafan Bakundi Bali — in recognition of his exemplary leadership, commitment to public service, and immense contributions to community development.
The traditional honours were officially bestowed on the federal lawmaker by the revered traditional ruler of Bakundi Chiefdom, His Royal Highness, Alhaji Kabiru Muhammad Gidado Misa, the 10th Lamdo of Bakundi, during a colourful coronation ceremony attended by members of the royal family, community leaders, political associates, supporters, and well-wishers.
The conferment of the dual traditional titles has continued to attract widespread commendation from stakeholders across Taraba State and beyond, with many describing the recognition as a reflection of Hon. Ja’afaru Yakubu’s growing influence, grassroots connection, and unwavering dedication to the wellbeing of his people.
In a congratulatory message issued by his Special Assistant on Media and Publicity, Comrade Bashir Umar Dali, the lawmaker was described as a courageous, humble, and visionary leader whose commitment to humanity and community advancement has remained outstanding.
According to the statement, the titles Chiroman Gassol and Marafan Bakundi Bali are symbolic recognitions of the lawmaker’s selfless service, people-oriented representation, and tireless efforts towards promoting unity, peace, and sustainable development across Bali/Gassol Federal Constituency.
The statement further noted that Hon. Ja’afaru Yakubu has consistently distinguished himself through impactful representation, empowerment initiatives, and developmental interventions aimed at improving the lives of the people.
“Your commitment and selfless contributions to the growth and progress of the people continue to inspire many across Bali/Gassol Federal Constituency and beyond,” the statement read.
Comrade Bashir Umar Dali also prayed for greater wisdom, strength, honour, and divine guidance for the federal lawmaker as he continues to shoulder greater traditional and leadership responsibilities in service to the people.
Observers have described the conferment of the two traditional titles as a major endorsement of Hon. Ja’afaru Yakubu’s leadership credentials and his increasing relevance in the socio-political and traditional landscape of Taraba State.
The titles Chiroman Gassol and Marafan Bakundi Bali are regarded as highly respected honours within the traditional institution, reserved for individuals who have demonstrated exceptional character, loyalty, service, and commitment to the development and unity of their communities.

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EID-EL-KABIR: BELLO BABAYO BELLO COMMENDS TINUBU, SHETTIMA, GOMBE GOVERNOR AS HE FELICITATES WITH MUSLIMS NATIONWIDE

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The Executive Director, Networks, Niger Delta Power Holding Company Limited (NDPHC), Engr. Bello Babayo Bello, FNSE, has extended warm felicitations to Muslim faithful across Nigeria, particularly the people of Gombe State, on the occasion of the 2026 Eid-el-Kabir celebration, urging citizens to continue promoting peace, unity, love, and national development.
In a goodwill message released to journalists on the occasion of the Islamic festival, Engr. Bello described Eid-el-Kabir as a sacred celebration that reflects the virtues of sacrifice, obedience, faith, compassion, and gratitude to Almighty Allah as demonstrated by Prophet Ibrahim (AS).
He called on Muslims to use the spiritual significance of the season to strengthen the bonds of brotherhood, support one another, and continue praying for the peace, stability, and prosperity of Nigeria.
Engr. Bello also commended the leadership of President Bola Ahmed Tinubu, GCFR, for his commitment to national development, economic reforms, infrastructural advancement, and efforts aimed at strengthening unity and progress across the country.
According to him, the administration of President Tinubu has continued to demonstrate determination in laying foundations for long-term growth and national transformation through bold policies and strategic governance initiatives.
The NDPHC Executive Director equally praised Vice President Kashim Shettima, GCON, for his loyalty, dedication, and support toward the actualization of the Renewed Hope Agenda of the Federal Government.
He noted that the Vice President has continued to play a vital role in promoting stability, inclusion, and effective coordination within government.
Engr. Bello further applauded the Governor of Gombe State, Muhammadu Inuwa Yahaya, CON, for what he described as purposeful leadership and remarkable strides in infrastructural development, healthcare, education, youth empowerment, and peaceful coexistence in the state.
He said the governor’s developmental policies and inclusive style of governance have continued to attract admiration and confidence from the people of Gombe State and beyond.
“Eid-el-Kabir remains a season of reflection, gratitude, sacrifice, and devotion to Almighty Allah. It is also a period that reminds us of the importance of unity, compassion, tolerance, and service to humanity. As we celebrate, we must continue to pray for our leaders and for the continued peace, progress, and prosperity of our dear nation,” he stated.
Engr. Bello urged Muslim faithful to extend love and kindness to the less privileged, widows, orphans, and vulnerable members of society during the Sallah festivities, stressing that charity and generosity are central teachings of Islam.
He also commended the people of Gombe State for sustaining the culture of peaceful coexistence, harmony, and mutual respect among diverse communities.
The engineering professional and public administrator expressed optimism that Nigeria would continue to witness greater development, unity, and economic advancement under the leadership of President Tinubu.
He prayed for Allah’s continued guidance, wisdom, protection, and blessings upon the President, Vice President, Governor Inuwa Yahaya, and all leaders across the country.
Engr. Bello finally wished Muslim faithful in Gombe State and across Nigeria a peaceful, joyous, and spiritually fulfilling Eid-el-Kabir celebration.

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