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Apo Killings: NHRC Rejects Order Against N135m Judgement
The National Human Rights Commission (NHRC) has asked a Federal High Court in Abuja to set aside its order of stay of execution of the commission’s investigation report which awarded N135million to relatives and victims of the attack and killing of some squatters in Apo, Abuja.
Justice Gabriel Kolawole had on June 27, 2014, in his ruling on the ex parte application filed by the State Security Services (SSS), ordered a stay of execution of the report.
The judge had equally granted leave to the SSS to apply for an order of certiorari to quash the decisions and awards contained in the NHRC’s report on complaint No: C/2013/7908/HQ.
The court also granted leave to the SSS to serve the commission with the originating motion, which is the main suit.
The NHRC had in its report released in April 2014, blamed the SSS and the Nigerian Army for the killing of eight and injuring of 11 of the squatters in an uncompleted building in September, 2014.
The security forces had attacked the squatters on the allegation that they were suspected members of Boko Haram sect.
The NHRC, through its counsel, Mr. Tayo Oyetibo (SAN), rejected the order of a stay of execution of its investigation report on the incident, arguing among others, that the manner of commencing the suit did not comply with the law.
The commission is praying for “an order setting aside the enrolled order of this court dated June 27, 2014 which was served on the 1st to 4th respondents/applicants on July 1, 2014.
“An order setting aside the service of the originating motion on notice dated June 30, 2014 which was served on the 1st to 4th respondents/applicants on July 1, 2014 doe non-compliance with the provisions of Order 3 Rule 12(1) and (3) of the Federal High Court (Civil Procedure) Rules 2009.”
It also faulted the orders made by the court on the grounds that it and its officials were erroneously listed as plaintiffs in the suit when actually they did not institute the suit.
The first to the fourth respondents to the suit which was instituted by the SSS for the review of the NHRC’s report of investigation are the commission’s Chairman, Dr. Chidi Odinkalu, its Secretary, Prof. Bem Angwe, another official, Saudatu Mahdi, and the NHRC itself.
Other respondents are, Global Rights, Human Rights Law Service, National Association of Commercial Tricycle and Motorcycle Owners and Riders Association, Federal Republic of Nigeria, Chief of Army Staff and the Attorney-General of the Federation.
The commission’s grounds for the application reads in part, “The applicant failed, refused, and or neglected to give the 1st to 4th respondents/applicants the notice prescribed by section 18(3) and (4) of the National Human Rights Commission (Amendment) Act 2010 before instituting the action in court.
“The enrolled order served on the 1st to 4th respondents/applicants described them (1st to 4th applicants /respondents) as plaintiffs in this case when this suit was not instituted by them.
“The enrolled order served on the 1st to 4th respondents/applicants is nullity.
“The condition precedent for the commencement of this proceeding has not been fulfilled.”
The commission added that the originating motion served on it and its officials were nullity as they were not certified and verified by the court registrar in line with Order 3 Rule 12(3) of the Federal High Court (Civil Procedure) Rules.
It also argued that the suit amounted to nullity on the grounds that it was not entered for hearing within 14 days of which the court granted leave for the suit to be instituted, as stated in Order 34 Rule 5(4) of the Federal High Court (Civil Procedure) Rules.
The NHRC had in the case tagged, Global Rights and 3 others vs. Federal Republic of Nigeria and 3 others, ordered the Federal Government to, among others, pay a total of N135million as compensation to the victims.
The SSS was expected to pay N10million for each of those killed and N5million to each of the 11 injured survivors.
But the SSS said it was never invited or interrogated during the preliminary investigations conducted by the NHRC in respect to the incident.
It added that it was not given a copy of the petitions lodged by the Global Rights, Human rights Law Office and National Association of Commercial tricycle and Motorcycle Owners and Riders Association.
The SSS, through its suit, is seeking to quash the report of the NHRC on the grounds that the commission was biased against it throughout the proceedings of the public inquiry as it was not given any fair hearing during the preliminary investigation.
The applicant also argued that the NHRC, not being a regular court, lacked the jurisdiction to determine the nature of the incident relating to criminal offences under sections 317, 318 and 319 of the Criminal Code and section 220 of the Panel Code.
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RHI, RSG Empower 500 Senior Citizens In Rivers
The Renewed Hope Initiative in conjunction with the Rivers State Government has empowered 500 elderly citizens in Rivers State with financial support of N200,000 each.
The empowerment programme was part of activities to celebrate the third anniversary of the Renewed Hope Initiative Elderly Support Scheme RHIESS, a social investment policy initiated by the First Lady of the Federal Republic of Nigeria, Senator Oluremi Tinubu.
Speaking at the event which held at the Government House, Port Harcourt, recently, under the theme, ‘Finding Joy in Old Age,’ Senator Tinubu said the gesture which has become traditional since 2023 was a mark of gratitude in recognition of the invaluable contributions of the senior citizens to nation building.
The First Lady who was represented by the wife of the Rivers State Governor and State Coordinator of the Renewed Hope Initiative, Lady Valerie Fubara, said the scheme was to “support two hundred and fifty (250) vulnerable elderly citizens aged 65 and above in all the 36 states of the federation, the Federal Capital Territory, and veterans from the Defence and Police Officers’ Wives Association (DEPOWA) totalling 9,500 selected beneficiaries across the nation.
She urged the beneficiaries to engage in activities that will make them find joy in old age.
“I encourage you to continue playing your part by staying healthy and active, nurture both your body and mind through regular exercise and meaningful engagement,” Senator Tinubu advised.
On her part, Lady Fubara said the State Government through the magnanimity of the governor, Sir Siminalayi Fubara, has increased the beneficiaries of the programme from 250 to 500.
She restated the commitment of the State Government towards provision of social welfare and improving the standard of living of the elderly in the State.
Also speaking, the Executive Secretary, Rivers State Contributory Health Protection Programme (RIVCHPP), Dr Vetty Agala, said the State Government has through the Health4allrivers Initiative, introduced free medical care for senior citizens in the State, in line with the Renewed Hope Initiative.
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Expedite Action On MBA Forex Operator’s Prosecution, Rivers NUJ Tells EFCC
The Nigeria Union of Journalists (NUJ), Rivers State Council, has urged the Economic and Financial Crimes Commission (EFCC) to expedite the prosecution of the Director of the now distressed MBA Forex Trading, Mr. Maxwell Odum, in the interest of justice.
The Rivers State NUJ made the appeal during a courtesy visit to the EFFC’s Ag. Zonal Director, ACE Hassan Saidu, in Port Harcourt, recently.
The council’s chairman, Comrade Paul Bazia, said the appeal became imperative after it considered the number of Nigerians and others involved in the financial misconduct.
According to him, it has caused hardship among many households in the country and should be given the attention it deserves.
He said that investors cannot come into a country or invest in an economy or nation ridden with fraud.
This, he said, has made it more imperative to arrest, prosecute and convict alleged fraudsters like the MBA Forex Director, who is alleged to have defrauded thousands of unsuspecting Nigerians, to serve as a deterrent to others.
The chairman also requested that while the trial lasts, part of the swindled funds should be given to the victims that suffered loss and trauma as a result of the fraud.
The NUJ reiterated its resolve to change the narrative of reportage from crisis to developmental communication.
According to him, the NUJ’s main focus is blue economy and tourism.
He expressed the readiness of the Council to partner the agency in the area of information dissemination.
“We believe you have a responsibility to fight financial crimes. We also know that you need the Press to publicize your activities and NUJ can provide that,” he said.
Responding, the Zonal EFFC’s boss commended the NUJ’s vision to change the narrative of reporting from crisis to developmental communication.
According to Saidu, the Western world have since imbibed such culture, hence the negative stories about them are carefully sifted to allow only positive ones to be released to the outside world.
As for the trapped funds to be released, the EFCC Zonal Director stated that only the court can authorize such action, stressing that the primary responsibility of the Commission is to arrest and prosecute.
He pledged to partner with the NUJ now that the leadership has visited the Commission.
The Head of the Legal & Prosecution Department, DCE Odiase Stephen, corroborated the Zonal Director’s position and stressed that it was only when the matter has been determined by the court that such funds can be released.
He further stated that once a matter is before a court of competent jurisdiction, it cannot be discussed outside.
By: King Onunwor
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