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Lawless Department Of State Services Finally Releases 8 Detained Igboho’s Aides, Illegally Keeps 4 In Custody

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This was confirmed by their lawyer, Pelumi Olajengbesi on Monday. He, however, said the remaining four aides must be released as they have all met their bail conditions.

Eight of the 12 detained aides of Yoruba activist, Sunday Adeyemo, aka Sunday Igboho have been released.

This was confirmed by their lawyer, Pelumi Olajengbesi on Monday. He, however, said the remaining four aides must be released as they have all met their bail conditions.

The aides were released to Olajengbesi after the Department of State Services (DSS) failed to comply with a court ruling on the matter.

It would be recalled that the lawyer had issued an ultimatum to the DSS to release the detained aides, who were arrested at Igboho’s house.

Judge Obiora Egwuatu of the Federal High Court in Abuja had on July 23 ordered the DSS to produce the detainees in court on July 29. But the DSS only produced 8 of the detained 12 aides.

It was gathered that they were released to their lawyer following the threat of filling a case of contempt against the security outfit.

Olajengbesi had given the DSS 48 hours to release them in line with the court order that granted them bail.

The DSS had continued to hold the activists in an underground cell despite perfecting their bail conditions.

Olajengbesi, while addressing journalists at a press conference in Abuja on Friday, gave the Director-General of the service 48 hours to fully obey and comply with the release order of the court in favour of all 12 detained associates of Igboho or face contempt proceedings before a court.

The human rights lawyer said the refusal of the DSS to honour a clear order of court, though habitual, was not only worrisome but an affront on the authority of the court and the country’s judicial system.

He said, “It has become imperative and urgent to make this brief address in light of the vindictive and oppressive conduct of the State Security Service (SSS) (also known as DSS) in the matter involving 12 detained associates of Yoruba Nation activist, Chief Sunday Adeyemo, aka Igboho.

“In the wee hours of the 1st of July, 2021, a joint team of men from the State Security Service (SSS) and the Nigerian military, with neither lawful cause nor a warrant of arrest, broke into the Ibadan home of the Yoruba Nation activist popularly known as Sunday Igboho and extra-judicially murdered two of his associates while rounding up, bounding and abducting 12 others to be incarcerated without cause in the dungeons of the SSS where they continue to languish without reprieve to this day.

“All 12 detainees who were immediately subjected to degrading conditions of detention and torture were denied access to their lawyers by the SSS up until the intervention of the court through an order recognising and re-emphasizing the detainees’ right to legal representation against whatever allegations against them.

“Regrettably and indeed unacceptably, while no charges, in full or tentatively, have been preferred against all 12 detainees, the SSS have failed and refused to honour an order of court which granted bail to and ordered the release of all twelve detainees upon the perfection of the terms of their bail which have now been fully satisfied and duly communicated to the SSS.

“The refusal of the SSS to honour a clear order of court, though habitual, is not only worrisome and unacceptable but is an affront on the authority of the court and our entire judicial system. Such blatant disregard for, and contemptuous, spiteful and insolent disrespect of an order of court if allowed to fester would undermine the very integrity of the court and breed even newer levels of rascality by state agents. It would also amount to surrendering the freedom and rights of all twelve detainees to the whims and caprices of an agency that has gone rogue and thrives in wilful disobedience of court orders.

“In light of this, we are giving the SSS, particularly its Director-General, forty-eight (48) hours and not an hour more, within which to fully obey and comply with the release order of the court in favour of all 12 detained associates of Mr. Sunday Igboho or face contempt proceedings before a court of competent jurisdiction with the full weight and recompense of the court brought to bear against his insolence and disregard of court order.

“Take notice that we will not fail to exhaust all legal and social remedy available to the detainees in enforcing their rights in this matter and setting the tone against the SSS’ notorious disregard of due process and the rule of law.”

Following the release of the 8 associates of Igboho, human rights activist, Omoyele Sowore also called for the release of the remaining four still in DSS custody.

“8 of #OduduwaRepublic 12 now released by lawless DSS. They must release everybody including ‘Lady K’ #nogoingbacknow #Revolutionnow,” he said on Monday

Culled from the Sahara Reporters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           This was confirmed by their lawyer, Pelumi Olajengbesi on Monday. He, however, said the remaining four aides must be released as they have all met their bail conditions.

Eight of the 12 detained aides of Yoruba activist, Sunday Adeyemo, aka Sunday Igboho have been released.

This was confirmed by their lawyer, Pelumi Olajengbesi on Monday. He, however, said the remaining four aides must be released as they have all met their bail conditions.

The aides were released to Olajengbesi after the Department of State Services (DSS) failed to comply with a court ruling on the matter.

It would be recalled that the lawyer had issued an ultimatum to the DSS to release the detained aides, who were arrested at Igboho’s house.

Judge Obiora Egwuatu of the Federal High Court in Abuja had on July 23 ordered the DSS to produce the detainees in court on July 29. But the DSS only produced 8 of the detained 12 aides.

It was gathered that they were released to their lawyer following the threat of filling a case of contempt against the security outfit.

Olajengbesi had given the DSS 48 hours to release them in line with the court order that granted them bail.

The DSS had continued to hold the activists in an underground cell despite perfecting their bail conditions.

Olajengbesi, while addressing journalists at a press conference in Abuja on Friday, gave the Director-General of the service 48 hours to fully obey and comply with the release order of the court in favour of all 12 detained associates of Igboho or face contempt proceedings before a court.

The human rights lawyer said the refusal of the DSS to honour a clear order of court, though habitual, was not only worrisome but an affront on the authority of the court and the country’s judicial system.

He said, “It has become imperative and urgent to make this brief address in light of the vindictive and oppressive conduct of the State Security Service (SSS) (also known as DSS) in the matter involving 12 detained associates of Yoruba Nation activist, Chief Sunday Adeyemo, aka Igboho.

“In the wee hours of the 1st of July, 2021, a joint team of men from the State Security Service (SSS) and the Nigerian military, with neither lawful cause nor a warrant of arrest, broke into the Ibadan home of the Yoruba Nation activist popularly known as Sunday Igboho and extra-judicially murdered two of his associates while rounding up, bounding and abducting 12 others to be incarcerated without cause in the dungeons of the SSS where they continue to languish without reprieve to this day.

“All 12 detainees who were immediately subjected to degrading conditions of detention and torture were denied access to their lawyers by the SSS up until the intervention of the court through an order recognising and re-emphasizing the detainees’ right to legal representation against whatever allegations against them.

“Regrettably and indeed unacceptably, while no charges, in full or tentatively, have been preferred against all 12 detainees, the SSS have failed and refused to honour an order of court which granted bail to and ordered the release of all twelve detainees upon the perfection of the terms of their bail which have now been fully satisfied and duly communicated to the SSS.

“The refusal of the SSS to honour a clear order of court, though habitual, is not only worrisome and unacceptable but is an affront on the authority of the court and our entire judicial system. Such blatant disregard for, and contemptuous, spiteful and insolent disrespect of an order of court if allowed to fester would undermine the very integrity of the court and breed even newer levels of rascality by state agents. It would also amount to surrendering the freedom and rights of all twelve detainees to the whims and caprices of an agency that has gone rogue and thrives in wilful disobedience of court orders.

“In light of this, we are giving the SSS, particularly its Director-General, forty-eight (48) hours and not an hour more, within which to fully obey and comply with the release order of the court in favour of all 12 detained associates of Mr. Sunday Igboho or face contempt proceedings before a court of competent jurisdiction with the full weight and recompense of the court brought to bear against his insolence and disregard of court order.

“Take notice that we will not fail to exhaust all legal and social remedy available to the detainees in enforcing their rights in this matter and setting the tone against the SSS’ notorious disregard of due process and the rule of law.”

Following the release of the 8 associates of Igboho, human rights activist, Omoyele Sowore also called for the release of the remaining four still in DSS custody.

“8 of #OduduwaRepublic 12 now released by lawless DSS. They must release everybody including ‘Lady K’ #nogoingbacknow #Revolutionnow,” he said on Monday

Culled from the Sahara Reporters

 

 

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Malabu Feud: Nigeria Loses $1.7 billion JP Morgan Case

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Nigeria on Tuesday lost its $1.7 billion claims against JP Morgan Chase Bank over the transfer of proceeds from the sale of OPL 245 in the controversial Malabu oil deal.

Judge Sara Cockerill ruled Tuesday that the Nigerian government couldn’t show that it had been defrauded in the case.

In the suit, Nigeria is claiming more than $1.7 billion for the bank’s role in the controversial deal. Nigeria also alleges that JP Morgan was “grossly negligent” in its decision to transfer funds paid by oil giants Shell and Eni into an escrow account controlled by a former Nigerian oil minister, Dan Etete.

Earlier in February, Nigerian lawyer, Roger Masefield, argued that the nation’s case rested on proving that there was fraud and JP Morgan was aware of the risk of fraud.

“The evidence of fraud is little short of overwhelming,” the lawyer told the court.

“Under its Quincecare duty, the bank was entitled to refuse to pay for as long as it had reasonable grounds for believing its customer was being defrauded.”

Quincecare refers to a legal precedent whereby the bank should not pay out if it believes its client will be defrauded by making the payment.

Judge Cockerill said Tuesday that by the time of the 2013 payments, the bank was “on notice of a risk” of fraud.

“There was a risk – but it was, on the evidence, no more than a possibility based on a slim foundation,” the judge ruled.

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Kano State Government File Fresh Charges Against Hanifa’s Killer

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Kano State Government has filed a fresh five-count charge to arraign Abdulmalik Tanko, Hanifa’s killer and his accomplices before a Kano State High Court.

Aisha Mahmoud, State’s Director Public Prosecution who disclosed this to newsmen after the case came up for mention at the Magistrate court explained that the government filed the charge at the High Court because the Magistrate court lacks the jurisdiction to handle the offences filed against the defendants due to the gravity of offences committed.

Aisha Mahmoud pointed out that an appeal was made to the court to remand the accused persons pending the hearing of the case at the high court.

The Magistrate court presided by Chief Magistrate Mohammed Jibrin granted the prayers and ordered the accused persons to be remanded in custody.

Chief Magistrate Jibril however adjourned the case to February 9, 2022.

The charges filed against Abdulmalik and his accomplice borders on criminal conspiracy, kidnapping, confinement and culpable homicide contrary to section 97, 274, 277, 221 of the Penal Code.

Recall that Abdulmalik Tanko and his accomplices are accused of kidnapping and Killing his five-year-old student Hanifa.

But, Abdulmalik Tanko, Hanifa’s killer confessed that after kidnapping his 5-year-old pupil, he took her to his house where he contacted her relatives and demanded a ransom of ₦6 million.

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Court Stop Federal Government From Deductions In The The Federation Account

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A Federal High Court in Abuja on Wednesday stopped the federal government from further making deductions from the federation account to fund its own agencies not listed for direct allocation in the 1999 constitution (as amended).

Rivers State, in the suit marked FHC/ABJ/CS/511/2020 and instituted on its behalf by former president of the Nigerian Bar Association NBA, Joseph Daudu (SAN), had challenged the decision of the federal government to allocate funds directly from the federation account to fund some of its agencies, arguing that the decision violated section 162 of the 1999 constitution.

The Rivers State government also claimed that by the federal government’s unlawful action, it has deprived it substantial revenue from the federation account.

It prayed the court to nullify unlawful fund allocation from the federation account PTF.

The plaintiff also claimed that the levies imposed on companies operating in Nigeria by the federal government to be paid directly to the Nigeria Police Force Trust Fund instead of the Federation Account was also illegal, unlawful and unconstitutional because it has also deprived it of substantial revenue accruable to the state as taxes.

Justice Ahmed Mohammed in his judgement held that section 161 and section 162 of the 1999 constitution were glaringly breached by the federal government in making direct allocation to the Police Trust Fund from the federation account.

The court held that section 162 of the constitution is clear and unambiguous to the effect that only the federal, states and local governments shall be allocated funds directly from the federation account.

It added that section 4 of the Nigeria Police Trust Fund Act 2019 relied upon by the federal government to justify the unlawful deductions from the federation account is inconsistent with section 162 of the 1999 constitution which recognizes only the federal, states and local governments.

The judge ordered that the fund belonging to Rivers State which was used to fund Nigeria Police Trust fund by the federal government should be refunded to the state, but declined to extend a similar order of refund to the 35 remaining states on the ground that they were not parties in the suit and that Rivers State, as the plaintiff in the matter, did not file it on behalf of others.

The court upheld all arguments of counsel to Rivers State, Joseph Daudu (SAN), that where the provisions of the 1999 constitution are clear and unambiguous, they must be given their ordinary meanings

Justice Mohammed also agreed with Daudu that the federal government was completely wrong in the interpretation given to section 4 of the Nigeria Police Trust Fund Act to the effect that the Nigeria Police Force was established for the federal government alone and as such the funding is solely on the shoulder of the federal government.

The judge agreed with the plaintiff that under the relevant laws, such levies are supposed to be paid directly to the federation account and not to any federal government agencies.

“I have carefully perused the issues raised by the plaintiff and I agree that no other person or entity is permitted to benefit from direct fund allocation from the Federation Account.

“Section 4 of the Nigeria Police Trust Fund Act 2019 relied upon by the defendant to make direct fund allocation from the Federation Account is untenable as it runs contrary to section 162 (3) of the 1999 Constitution which expressly stated that the federal government, state governments and local governments shall derive direct fund allocation from the Federation Account,” he said.

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