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JUDICIARY

COVID-19: Court again adjourns suit challenging NIN registration until Feb.22

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A Federal High Court Lagos on Monday, adjourned until Feb.22, a suit challenging the linkage of the National Identification Number (NIN) with Mobile lines amid COVID- 19.

The suit which was earlier fixed for hearing on Monday, could not proceed as the court did not sit.

It will be recalled that a rights activist Mr Malcolm Omirhobo had sued the National Identity Management Commission (NIMC) alongside others over the instruction on citizens to link their NIN within a stipulated time frame.

Joined as defendants in the suit are the Attorney General of the Federation, Minister of Communications and Digital Economy; Nigeria Communications Commission (NCC); the DG NIMC, and the National Information Technology Development Agency (NITDA).

Other defendants are: MTN Nigeria Communications Plc; GLOBACOM Ltd; Airtel Networks Ltd (Airtel Nigeria) and the Emerging Markets Telecommunication Services Ltd, EMTS 9 Mobile.

The applicant who is suing for himself and on behalf of the Nigerian public, had brought his suit under the provisions of the fundamental rights enforcement rules enshrined in the 1999 constitution.

At the last adjourned date on Feb. 1, the plaintiff had told the court that in the midst of the prevailing Covid 19 pandemic it was too risky to proceed with the process, adding that further steps should be stopped, pending determination of the suit.

Justice Mohammed Liman had onsequently, ordered that all parties to the suit be served with the court processes while he fixed Feb. 15, to hear both the motion for interlocutory injunction as well as the substantive suit.

Meanwhile on Monday, a new date Feb. 22, is now fixed for the suit as the court did not sit.

The plaintiff wants the court to declare that Nigerians are entitled to the fundamental right to life, dignity of human person, right to private and family life, freedom of expression, freedom of peaceful assembly and association and the right to moveable property.

The lawyer is asking the court to declare that the respondents’ coercion of the applicant and Nigerians without themselves first complying with the COVID-19 guidelines is a violation of the fundamental right to life of Nigerians .

According to him, the threat by the respondents to disconnect the telephone lines of Nigerians, who fail to link their NIN to their SIM cards within a timeline is a violation of the fundamental right to life of the applicant and Nigerians.

He argued that the directive led millions of Nigerians besieging the various NIMC offices nationwide in breach of COVID-19 protocols, while trying to comply with the said directives and in the process exposed themselves to the likelihood of contracting Corona virus.

Omirhobo, therefore, prayed the court to declare such decisions illegal, unlawful and unconstitutional.
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He said that the directive to make the presentation of NIN a condition-precedent for the retrieval of lost and/or damaged telephone lines is a violation of the fundamental right of Nigerians and therefore illegal, unlawful and unconstitutional.

He asked the court to make an order for the enforcement of the fundamental right to life, dignity of human person, right to private and family life, freedom of expression, freedom of peaceful assembly and association and the right to moveable property of Nigerians

He is also praying the court to compel the respondents to resume the sale of new SIM cards, replace lost or damaged sim cards to Nigerians as well as issue a public apology to the applicant and the public.

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JUDICIARY

Odinkalu Applauds CJN Kekere-Ekun for Sanctioning Errant Judges

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Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.

The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.

Judges Sanctioned for Misconduct

Among those sanctioned were:

  • Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
  • Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
  • Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.

Odinkalu’s Commendation

Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.

“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.

He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.

NJC’s Commitment to Judicial Integrity

The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.

The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.


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JUDICIARY

Fubara Warns Judges on Conflicting Judgments

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Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.

Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.

“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.

Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.

In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.

Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.

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JUDICIARY

You’ve no contract to fix Kwara Hotel, Court tells MM’s Crystal Group

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  • Says govt bears no liability for unsigned agreement

Stephen Olufemi Oni, Ilorin

An Ilorin High Court has struck out a case instituted against the Kwara State Government by the Hon. Moshood Mustapha-owned Crystal Group of Companies Limited over the remodelling of the legacy Kwara Hotel.

Hon. Justice E. B. Mohammed struck out the case after upholding the preliminary objections of the state government on the matter.

The judge said no document was before the court to show that the Crystal Group had any valid contract with the state government to remodel the iconic hotel, shutting down the much-parroted claim that the government had reneged on its commitment with the firm.

The court held that a draft agreement or an unsigned agreement by either of the parties is worthless and cannot cloth Crystal Group of Companies Limited with the legal right to pursue any action against the government regarding Kwara Hotel.

“The claimant’s suit against Kwara State Government on Kwara Hotels is hereby struck out,” the court held, potentially turning the page on the topic.

The government had repeatedly explained that it signed no agreement with the Crystal Group and that whatever talks between them had not reached the level of a legal agreement that is binding on either party.

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