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Law/Judiciary

Ouster Clauses

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Jurisdiction is a practical authority granted to a legal body, the court precisely to administer jurisdiction justice within the defined field of responsibility. The jurisdiction of a court may be limited by way of ouster clause. Ouster clauses are provisions in the statutes that take away the jurisdiction of a competent court of law. It denies the court the ability to make any meaningful contribution with respect to matters relating to sustainable development and good government brought before the court. The provision of section 6 (6) of the constitution of the Federal Republic of Nigeria 1999, ousts the jurisdiction of the court in enforcement of directive principles.
Ouster clauses exist to preclude the jurisdiction of the court. They are usually regarded as antitletic to democracy and judicial system. The 1999 constitution contains provisions which literally ousts the jurisdiction relating to removal of executive heads by members of the legislative arm of government. The constitution thus precludes the courts from entertaining suits relating to removal proceedings of the president or the vice president, conducted by the National Assembly. The provisions under section 143 (10) of the 1999 constitution of the Federal Republic of Nigeria are Mutatis Mutandis with those aptly in section 188(10), which similarly obviates the courts from entertaining suits relating to removal of Governors and Deputy Governors.
The court in Chief Enyi Abaribe V. The Speaker, Abia State House of Assembly and Ors (2002) 14 NWLR (Pt 738) 466 held that in interpreting the provision of section 188(10) reiterated the fact that a case cannot be brought before it concerning the affairs of the legislature in the powers of impeachment. The court held that its jurisdiction was effectively ousted issue concerning whether the provisions of section 188 (1) – (9) were followed was not raised before the court, thus the reason for the court declining jurisdiction. Also the court in the locus classius case of Inakoju V. Adeleke (2007) a NWLR (Pt 1025) 423 held that the ouster clauses in S. 188(10) will only be applied if the provision of section 188(1) – (9) which outlines the procedure for removal of the governor has been duly complied with. If the facts of the case show that the provisions of the constitution were flaunted, the court would wade in to correct the anomaly. This judicial decision was also applied in subsequent cases like Ekpeyong V. Umana (2010) All FELR (Pt 520) 1387 at 1397 paras. GH.
The above cases show that the court has introduced a new twist to the interpretation given to ouster clauses as provided in the 1999 constitution. This show of activism was clearly shown in the case of Jimoh V. Olauoye (2003) 10 NWLR (Pt 828) 307 at 337, where the court interpreted the provision of section 26(10) of the local government law of Kwara State relating to local government chairman which is in parimateria with the provision of section 188 (10) of the constitution to the effect that the court will intervene in an impeachment suit notwithstanding section 26(10) of the local government law of Kwara State under the provision f section 26(1) – (9) which listed the procedure for removal have been complied with, as was in the case of Inakoju V. Adeleke (Supra).

 

Nkechi Bright Ewere

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Law/Judiciary

Buhari Meets PSC Members, Receives 2018 Annual Report …As Police Confirm Death Of ACP Zubairu

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President Muhammadu Buhari yesterday met with members of the Police Service Commission at the State House, Abuja.
The Tide reports that the agenda of the meeting between the president and members of the commission included the presentation of the 2018 Annual Report of the police commission.
At the meeting, the president also waded into the reported misunderstanding between the  Office of the Inspector-General of Police and the Police Service Commission over the recruitment of 10,000 personnel.
President Buhari had in 2016 approved the recruitment of 10,000 policemen as part of fresh measures to address the nation’s security challenges including banditry, kidnapping and the farmers/herdsmen clashes across the country.
Meanwhile, the Police Command in Sokoto State has confirmed the sudden death of Assistant Commissioner of Police (ACP) Sulaiman Zubairu  last Sunday.
The Police Public Relation Officer, ASP Muhammad Sadiq who confirmed the death to newsmen in Sokoto, Monday, said ACP Zabairu was in the state to supervise the screening of candidates for the on-going recruitment into Nigeria Police Force.
“He finished his assignment on Sunday and was planning to depart for Abuja on Monday,’’  he said.
He said the deceased would be buried on Tuesday in Sokoto  and prayed that the soul rest in peace.

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Rivers Police Link Serial Killings To Cultism

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The Rivers State Police Commissioner, Mr  Mustapha Dandaura, has said that the serial killing of young women in parts of the state in recent times is  cult related.
Dandaura made the disclosure while  briefing newsmen in Port Harcourt, yesterday.
He explained that the victims were always rapped with white cloth material around the neck or waist region, which he said signified cult action.
The state Police boss, said that the suspects usually drug their victims before strangulating them to death.
According to him, with- out such action, it would be difficult to kill the victims as the act may attract attention of nearby people.
As a panacea, he said all hotel operators have been ordered to mount a Circuit Cable Television (CCTV) system in their premises.
He explained that the system would help in regulating activities within and around the hotel area.
Another solution, he provided, was compulsory training of all personnel and security staff of hotels which must be carried out by the Police.
Dandaura maintained that forthwith,  all hotel customers would be profiled, with their valid identification cards placed at the reception unit.
“All hotel customers will be profiled. Those with swimming pools will also have expert divers in case of any emergency,” he said.
The Rivers State CP. pointed out that a task force comprising the Police, DSS and the Ministry of Tourism and Culture was also on ground to ensure that the recent serial killing of young women in hotels in the state was not repeated.
“We  now have a task force, no more short-time service in hotels. Every customer must book full time,” he added.
Meanwhile, he said that one of the suspects the command arrested last Monday in Port Harcourt was helping the police with useful information about the activities of other suspects in the state.
The Tide learnt that some women groups in the state like  the National Association of Women Journalists (NAWOJ) and others have concluded plans to stage protest in the state today.

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Nigeria, UAE Move To Boost Security Agencies’ Capacity

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Nigeria and the United Arab Emirates (UAE) have agreed to continue to work collaboratively to build the capacity of security agencies under Nigeria’s Ministry of Interior.
The ministry made this known in a statement by Director of Press and Public Relations of the Ministry of Interior, Mr Mohammed Manga, on Monday.
According to the ministry, the  collaboration is part of efforts to strengthen  internal security in Nigeria.
Manga said that the two countries renewed the commitment last Monday in Abuja when the UAE Ambassador to Nigeria, Fahad Altaffag visited the Interior Minister, Rauf Aregbesola.
Speaking during the visit, Aregbesola noted that strengthening the relationship between the two countries which had existed for years, would further boost the efforts of the President Muhammadu Buhari- led administration at ensuring the security of lives and property of Nigerians.
“Collaboration on security between the Nigerian Ministry of Interior and the UAE Ministry of Interior will strengthen the government’s capacity to solve internal security challenges in Nigeria,” the minister said.
He assured that Nigeria would continue to collaborate with the UAE in the areas of capacity building, educational development, fire disaster management, intelligence gathering, and border security management.
He observed that the security system of the UAE was never in doubt and as such, Nigeria could learn a lot from the country.
“When we have intellectual and physical capacities, we will not only overcome security challenges, but also neutralise them,” he reiterated.
Earlier, Altaffag said his country had in the past held discussions with Nigeria on ways to work together to solve internal security issues in Nigeria.
He said that his visit was to concretise the existing cooperation between the two countries on security matters with a view to providing the necessary support needed by the Buhari administration to create the environment conducive for foreign investment inflow to revitalise the economy.
The ambassador pledged his country’s support for the Nigerian government in its resolve to ensure the security of lives and property of Nigerinas toward moving the country to the next level of socio-economic development.

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