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Chidi Lloyd: Court Decides On A-Gs Power, Morrow

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The coverage of the Rivers State House of Assembly virtually shifted to the court room, last week may be regarded as the most eventful that focused more on an individual member of the House.

But for the momentary diversion to confirm the power of the Police to invite and question the Speaker, Rt. Hon. Otelemaba Dan Amachree, over the alarm he raised regarding the security of the life of the State Governor and some top government officials, as well as the matter involving the five anti-Amaechi lawmakers and the other 27, the week under review would be best christened “Hon. Chidi Lloyd’s week”.

It started on Sunday with an alarm raised by the Deputy Speaker of the House, Hon. Leyii Kwanee, to the effect that the Leader of the House, Hon. Lloyd was going blind. He explained that the gradual blindness was the result of ill-treatment meted out to Lloyd by the Police while keeping him in their custody.

Such ill-treatment, he said, included being blind-folded, tortured and sprayed with tear-gas all over his body, especially in his eyes as a means of extracting information from him. In order to stop what he called dehumanizing treatment of the Leader, Kwanee said the 27 pro- Amaechi lawmakers were considering taking the matter outside the shores of the country to protect the rights of Hon. Lloyd.

By Tuesday, when the prosecution (Police) was to produce the accused (Lloyd) to make a plea of guilty or not guilty to facilitate his release on bail in the High Court presided over by Justice L. L. Nyordee, they failed to produce him, warranting the defense counsel, Beluolisa Nwofor (SAN) to threaten to pray the court to strike out the matter and sue the prosecution for malicious prosecution if they fail to produce his client the next day. Justice Nyordee had adjourned the matter to Wednesday, after the defense counsel had waited for hours in the court and the prosecution, led by Donald DENwigwe did not turn up.

When the court reconvened on Wednesday, and the Leader was produced, Lloyd’s plea could not be taken because his counsel queried the right of Denwigwe, who is a private lawyer to appear in a criminal charge by the Police without a fiat from the Attorney-General (AG) of  the state. He therefore, urged the court to delist Denwigwe from the counsels to prosecute the matter, pending when the fiat could be granted.

Denwigwe argued that the matter was not initiated by the AG, but by the Commissioner of  Police (CP), hence it does not require him to provide an authority from the AG of the state.

He insisted that the court should rule on the application on the jurisdiction of the prosecution before the plea could be taken.

At a point, the AG, Nworgu Boms, invoked the powers conferred on him by Section 211(1)(b) of the Constitution to take over the prosecution, saying that he was acting with the sense of public duty and law. This announcement, Denwigwe said, was premature because the accused had not been duly arraigned; hence there was nothing for the AG to takeover.

Justice Nyordee therefore adjourned the matter to August 6, 2013, saying that plea cannot be taken and the court cannot make any order on the custody of the accused.

On Thursday, the Speaker of the House, Rt. Hon. Amachree in a press statement appealed to the Police to stop torturing Hon. Lloyd, while also debunking insinuations that he sneaked out into a West African country in order to evade arrest by the Police following Justice Adolphus Enebeli’s judgment that the Police had the right to invite and question him. He explained that he was on official assignment to Windhoek, Namibia where he led the state’s deligation to the Commonwealth Parliamentary Association (CPA) meeting.

On Friday the court reconvened again to hear a bail motion by Chidi Lloyd, but Presiding Judge, Latan Nyordee refused to hear the motion because no plea had been taken in the case preferred against him by the Police. Adjourning the matter to the earlier adjourned date of  August 6, Nyordee held that when an interlocutory application is filed in a criminal charge as serious as the one Lloyd is facing, it is proper for the accused person to be properly arraigned before application for bail can be heard.

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Reps Urge FG To Pay ASUU, NASU’s Withheld Salaries

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The House of Representatives has urged the Federal Government to pay the withheld salaries of the Academic Staff Union of Universities (ASUU) and the Non Academic Staff Union (NASU).
This followed the adoption of a Motion of Urgent Public Importance by Rep. Abubakar Fulata (APC-Jigawa) during plenary on Wednesday.
Presenting the motion, Fulata said that the government must accede to the unions’ demands because they were genuine.
Adopting the motion, the House urged the President to direct the relevant bodies to come up with modalities for negotiation with both ASUU and NASU.
The House said this would enable them to come up with workable, implementable and final agreement to be signed by both parties.
The House urged the president to direct the Ministry of Finance, to ensure full implementation.
The House mandated its Committees on University Education, Polytechnic Education, Federal Colleges of Education, Labour and Productivity, Finance, Legislative Compliance to ensure compliance.

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Bill To Prescribe Salaries, Allowances Of Judicial Officers Pass 2nd Reading

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The bill seeking to prescribe salaries, allowances, and fringe benefits of Judicial office holders in Nigeria has passed second reading at the Senate.
This followed the presentation of the general principles of the bill by the sponsor, Sen. Lola Ashiru (APC-Kwara) at plenary on Thursday.
Presenting the bill, Ashiru said the bill, an executive bill, was forwarded to the two Chambers of the National Assembly by President Bola Tinubu, in accordance with provisions of Section 58(2) of the Constitution of the Federal Republic of Nigeria 1999, as amended.
He said the bill, in a nutshell, seeks to prescribe salaries, allowances and fringe benefits for judicial officers in order to nip in the bud, the prolonged stagnation in their remuneration.
This, he said was to reflect the contemporary socio-economic realities of the time.
Ashiru said the bill intends to unify the salary structure, allowances and fringe benefits of judicial officers holders both in the Federal and at the State levels.
“This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years.”
He said that the intent of the bill was in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system .
This, he said was to ensure its independence in the performance of its constitutional role, as the arbiter of the temple of justice.
He urged the senators to support the expeditious passage of the bill in view of its importance to the socio-economic and political development of this country.
Sen. Mohammed Monguno (APC-Borno), who seconded the motion said it was necessary to ensure adequate remuneration of Judicial officers was in line with the current economic reality.
He said that there was the need to provide an adequate remuneration that would prevent judicial officials from being tempted for corruption.
Sen. Orji Kalu (APC- Abia ) commended the executive for presenting the bill to prescribe a remuneration for the judicial arm of government, saying that no right thinking Nigerian would want to oppose it.
He urged the officials to ensure that justice is dispensed rightly to Nigerians.
He also urged the government to improve remuneration of other sectors given the economic reality.
Deputy President of Senate, Barau Jubrin (APC-Kano) said the President has done creditably well by presenting the bill for remuneration of the judicial officials.
He said the judicial officials had suffered in silence for as they were not disposed to speaking up on the issues, just like the labour unions.
He said it was cheery and commendable for President Tinubu to have brought the bill, which was designed to enhance the salary and welfare of the judicial officials.
President of Senate, Godswill Akpiabio said presentation of the bill was a right step in the right direction by President Tinubu.
Akpabio, referred the bill to the committee on Judiciary, Human Rights and Legal Matters for further legislative inputs and to return back to plenary in four weeks, after the bill was read for the second time.

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Court To Hear Suit Against Ganduje’s Suspension, May 28

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Justice Abdullahi Muhammad Liman of the Federal High Court, Kano, has fixed May 28 for hearing in the substantive application filed by the All Progressives Congress (APC) National Chairman, Abdullahi Ganduje.
Dr Ganduje is challenging his suspension from the party by factional ward executives led by one Basiru Nuhu Isa.
He was first suspended by APC Ganduje Ward executives led by one Haladu Gwanjo on April 15. Another faction emerged and also announced suspension of Dr Ganduje on April 20.
The Tide source reports that the secretary of the party in Kano, Zakari Sarina, said the suspension by the faction was another case of impersonation.
Dr Ganduje is seeking a declaration that his suspension from the party without giving him opportunity to defend himself amounts to violation of his fundamental right to fair hearing.
He is also seeking a declaration that his suspension by the faction was unlawful, null and void.
Counsel for the embattled APC chairman, Hadiza Ahmad, applied for service on the respondents by substituted means which the court granted.
Justice Liman adjourned to May 28 for hearing in the matter.

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