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Alleged Organ Harvesting: Court Rules On Ukpo’s Application, Dec 5

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A Federal High Court, Abuja, yesterday, fixed December 5, 2022, for ruling on an application filed by the kidney donor, David Ukpo, asking the court to set aside its orders made on July 1 and July 6, which gave former Deputy Senate President, Ike Ekweremadu, and his wife, Beatrice, access to his bio-data.
Justice Inyang Ekwo fixed the date after counsel for parties in the suit adopted their processes and presented their arguments.
Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice marked: FHC/ABJ/CS/984/202, urging the court to set aside the orders, directing some agencies of government and banks to release his bio-data to Ekweremadu and his wife.
Ukpo, who joined the Ekweremadus as applicants/respondents in the motion, also listed the National Identity Management Commission (NIMC) (1st respondent); and four others in the application.
Others mentioned in the motion are the Comptroller General (C-G), Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank for Africa (UBA) and Nigeria Inter-Bank Settlement System Plc as 2nd to 5th respondents, respectively, but the 5th respondent was later dropped from the charge.
Ukpo, who is currently in the United Kingdom (UK) in connection with the alleged organ harvesting charge against the Ekweremadus, had said that granting the couple’s request violated his fundamental rights to privacy guaranteed by Section 37 of 1999 Constitution (as amended).
But in a counter affidavit deposed to by the immediate younger brother to the ex-deputy Senate president, Bright Ekweremadu, the applicants said Ukpo was not entitled to the reliefs sought as the law does not permit such.
The counter affidavit was dated and filed on September 8 by their counsel, AdegboyegaAwomolo, SAN.
In a 20-point argument, Bright averred that though the court gave its ruling on July 1, Ukpo’s right to fair hearing was not breached.
He said that the documents which were released by the agencies and banks upon the orders of the court had been transmitted to the UK, and had been “tendered at the Uxbridge Magistrate Court, and at the Central Criminal Court in the UK, and have subsequently formed part of the record of the courts.”
At the resumed hearing, yesterday, EyitayoFalogun, SAN, who appeared for the Ekweremadus, adopted his applications, and urged the court to dismiss Ukpo’s request.
He said he was aware that a coalition of civil society organisations under the auspices of the Edo Civil Society Organisation (EDOSCO), initiated the motion on Ukpo’s behalf.
Falogun, who called the attention of the court to Ukpo’s motion, described EDOSCO as “a meddlesome interloper.”
MuazuDikwa, lawyer to NIMC, argued that the orders made by court on July 1 and July 6 were in line with Section 2.11 of the National Data Protection Regulation (NDPR), 2019.
According to him, the regulation says that every transmission of data to a foreign land shall be done under the supervision of the Attorney-General of the Federation (AGF).
He, therefore, prayed the court to dismiss Ukpo’s application.
Lawyers representing other respondents also asked the court to discountenance the motion.
But counsel for Ukpo, BamideleIgbinedion, disagreed with their submission.
He said that contrary to Dikwa’s argument, “Sections 2.2 and 2.3 of the NDPR requires that if anyone applies for another person’s bio-data, one must put the subject person on notice that there is an application for the disclosure of his or her personal information which is held by government.”
Igbinedion argued that there was no authority given to government to disclose personal information of any Nigerian without putting that Nigerian on notice.
He, therefore, contended that the court did not have jurisdiction to have ordered the release of Ukpo’s bio-data to the AGF for onward transmission to the UK in the first instance.
He added that the respondents, including the Ekweremadus, had not shown that the court had the statutory jurisdiction to order the disclosure of private information held by government.
The lawyer prayed the court to grant the reliefs sought and reverse the orders.
Justice Ekwo adjourned the matter until December 5 for ruling.
In an interview shortly after the hearing, Igbinedion told newsmen that public information was covered by the Freedom of Information Act which authorises the court to disclose public information where proper application was made.
“What Ekweremadu sought was not public information but private information of a Nigerian citizen,” he said.
He said if the court “grants their prayers, it means that the information was obtained illegally and the UK court cannot rely on it.”
Igbinedion, who said he had urged the court, in his reply on points of law, to disregard Bright Ekweremadu’s averment, said Ukpo’s documents that were released had not been used in the UK court because trial has not commenced.
“We said in our reply that you don’t rely on oral evidence to tell the court about what happens in another court.
“So, we urge the court to disregard that,” he said.
On June 27, Ekweremadu, who currently represents Enugu West Senatorial District, and his wife, Beatrice, had, in an application dated and filed on June 27, sued NIMC and four others following the criminal charge filed against them in the UK.
They had sought the order of the court directing all the respondents to release to them certified true copies of Ukpo’s bio-data information in their care to enable them present the documents before the UK court and the judge granted the request on July 1.
He directed that the documents should be released to the AGF for onward transmission to the UK.
Besides, Ekwo also made an order on July 6, directing NIMC to release Ukpo’s information to the Ekweremadus in line with the earlier court order.

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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading

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A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.

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Judiciary, Media Key Pillars Of Democracy, Says CJN

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The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.

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Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project

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The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.

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