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NJC Sacks Two Judges

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The National Judicial Council (NJC), yesterday, sacked Justice O. Gbaja-Biamila of the Lagos State High Court and Justice Idris M. J. Evuti of the Niger State High Court.
Aside recommending their compulsory retirement, NJC, said it has in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, suspended the two Justices from office with immediate effect.
The council, which is headed by the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, said it took the decision at the end of a meeting it held on April 13 and 14.
NJC okayed Justice Gbaja-Biamila’s sack after it found out that he delivered judgment in a matter that was before him, twenty-two months after written addresses were adopted by all the parties and thirty-five months after the close of evidence in the suit.
The council said after it investigated a petition that was lodged before it by Mr. C. A. Candide Johnson, SAN, it concluded that the action the judge took in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, was contrary to constitutional provisions that judgments should be delivered within a period of 90 days.
According to a statement by the Acting Director of Information at the NJC, “His Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the Judgment of a Superior Court of Record be given to parties in the case within 7 days of delivery.
“That the Hon. Judge continued to hear the Suit in his Court after he had been notified of the pendency of a Motion for a Stay Of Execution at the Court of Appeal and that an appeal had been entered.
“Prior to the issuance of the first writ of attachment, the Court Registrar under the direct administration of the Hon. Judge falsely misrepresented to the Deputy Sheriff in a memo dated November 28, 2014, that there was no Appeal or Motion in the case file as at November 28, 2014.
“Meanwhile, there were two Notices of Appeal and two Summons to settle Records in the Court’s file.
“That the Hon. Judge gave an Order on February 23, 2015 upon an Ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the Order of substitution on the affected party or its legal representatives.
“That the Hon. Judge failed to maintain Professional competence required to preserve the integrity of the Judiciary.
“The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria”.
Similarly, NJC, said it found two other judges of the High Court of Niger State, Justices Evuti and Tanko Yusuf Usman guilty of allegations that they falsified their dates of birth.
It said the Judges were indicted on the basis of a petition filed against them by one Mohammed Idris Eggun.
NJC said though it did not suspend Justice  Usman because he had earlier voluntarily retired from office, it however ordered him to refund all the salaries he received from June last year.
Whereas Justice Evuti was alleged to have falsified his age from September 15, 1950 to April 10, 1953, Justice Usman allegedly falsified his age from June 27, 1950 to June 27, 1951.
“A Fact Finding Committee set-up by the Council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as September 15, 1950, April 10, 1953 and April 1, 1953 and therefore recommended his compulsory retirement with immediate effect.
“Apart from the recommendation for compulsory retirement of Hon. Justice Evuti, Council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the NJC that pays salaries of all Judicial Officers in the Federation.
“With respect to Justice Tanko Yusuf Usman, Council did not recommend his compulsory retirement because it had already accepted his retirement with effect from March 1, 2016.
“However, Council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when His Lordship should have retired from the Bench”, the statement further read.
Nevertheless, NJC said it had at the same meeting, exonerated Justice Saliu Saidu of the Federal High Court, Lagos of allegations of misconduct levelled against him by the Securities and Exchange Commission.
Instead, it reported counsel to SEC, Oluwaseun Olusiyi, to the Legal Practitioners Disciplinary Committee for walking out on the Judge after she was told that her matter was not ripe for hearing.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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