Tag: Abubakar Malami

  • OSINACHI: FG Slams 23-Count Homicide Charges against singer’s husband

    The Federal Government, through the office of the attorney-general of the federation and minister of justice Abubakar Malami, has charged Peter Nwachukwu, husband of the late gospel singer Osinachi Nwachukwu, for culpable homicide, contrary to section 221 of the Penal Code, which is punishable with death.

     

    Nwachukwu would be facing trial on 23 counts of culpable homicide, under sections 104 and 379 of the Administration of Criminal Justice Act, 2015.

     

    The case was filed at the High Court of the Federal Capital Territory, Abuja, on May 20, 2022, by the head of sexual and gender-based violence, Department of Public Prosecutions of the Federation, Ministry of Justice, Yewande Gbola-Awopetun.

    Osinachi
    Peter Nwachukwu

     

    Count one reads, “That you Peter Nwachukwu, 56, male, on the 8th of April, 2022 at Aco Estate, opposite police station, Lugbe, Abuja, FCT, within the jurisdiction of this honourable court, did commit an offence to with: culpable homicide punishable with death in that you caused the death of Mrs Osinachi Nwachukwu by your various acts of violence and aggravated assault with the knowledge that her death would be the probable consequence of your acts.”

     

    Count two reads, “Statement of offence: Wilfully placing a person in fear of physical injury contrary to section 4(1) of the Violence Against Persons (Prohibition) Act, 2015 and punishable under the same section of the Act.”

     

    Popularly known for her hit song ‘Ekwueme’, Osinachi was a lead singer at the headquarters of Dunamis International Gospel Centre, Abuja. Her death has raised consciousness on the reality of domestic violence.

     

    The “Ekwueme” crooner died on April 8, 2022, in a hospital located in Abuja. She is alleged to have died from health complications following years of assault.

     

    Throughout her gospel career, the mother of four kids featured in some popular gospel songs and some of these songs are “Nara Ekele” by Pastor Paul Enenche (Dunamis, Abuja), and “Ekwueme” by Prospa Ochimana, and “You no dey use me play” by Emma.

  • Kebbi youths stage peaceful protest, urge Malami to contest governorship

    Kebbi State Youths, under the aegis of the All Progressives Congress (APC) Youths Support (KYS), Wednesday staged a peaceful protest demanding that Abubakar Malami, the Attorney-General of the Federation and Minister of Justice, should contest for the governorship position in the state.

    Newsmen reports that the youths carried placards with inscriptions such as, “We in Kebbi are unanimous for Malami’s project”; “Constitution is superior to Electoral Act”; “Malami is Kebbian” and “Baba Buhari, please allow Malami to run”, among others.

    The Chairman of the group, Malam Muhammad Ruwa, who made their demand known at the end of the protest in Birnin Kebbi, said the youths are pleading with Malami to rescind his earlier decision not to contest.

    “We are calling on Malami as youths from the 21 local government areas of the state to listen to our demands and recant his earlier decision, and come and contest in order to continue with the developmental projects the APC-led government has started,” he said.

    The group threatened to use legal action to press home their demands if Malami refuses to heed their demand.

    Ruwa described Malami as a person with sterling leadership qualities and who assisted his people tremendously.

    Speaking on behalf of women members of the group, the Woman Leader, Hussaina Sa’idu, called on Malami to contest the governorship position.

    She said the minister, through his Non-Governmental Organisations (NGOs), had impacted the children and empowered the people, especially the women.

    “His programmes empowered and have continued to mobilise the people of the state, especially the women to improve their standard of living,” Sa’idu said.

    Responding, Alhaji Yahaya Koko, the Manager of Kadi Malami Foundation, assured the group that he would channel their demands to the minister for consideration.

    “Malami is a leader that every state wants to have as its governor, considering his immense contributions to poverty alleviation and provision of social amenities to people in remotest areas.

    “He has empowered unemployed youths and women as well as small and medium-scale farmers, businessmen and women, among others, in the state.

    “We appreciate your concern and love for Malami and we assure you that your message will get to him promptly.

    “It is our hope and prayer that he will consider your demands and rescind his earlier decision,” Koko said.

  • The Tinubu, Jonathan, Emefiele, Kalu, Adesina, Malami stories – By Ehichioya Ezomon

    The Tinubu, Jonathan, Emefiele, Kalu, Adesina, Malami stories – By Ehichioya Ezomon

    Nigeria’s absurd political situation is playing out before our eyes in the plethora of presidential aspirants of the All Progressives Congress (APC) competing for the number one spot in the polity.

    Lately, the stories involving the aspirants are a mixed bag of the good, the bad and the ugly in the drama-filled processes of the general election that cruises into a crescendo in February 2023.
    If you consider political influence, reach, mobilisation, and perhaps war chest for the primaries, you’ll place the National Leader of the APC, Asiwaju Bola Ahmed Tinubu, in front to lead the stories.
    But you’ll be wrong because of the scale and magnitude of shenanigans weaved around “persuadable aspirants,” such as former President Goodluck Jonathan; Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele; Minister of State for Petroleum Resources, Timipre Sylva; Senate President Ahmad Lawan; Senate Chief Whip Orji Uzor Kalu; and President of the African Development Bank (AfDB), Akinwunmi Adesina.
    For an icing on the “political cake” under review, you can throw in the mix the governorship aspiration of the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).
    Except Tinubu, all the aspirants were “earnestly begged, cajoled, blackmailed or forced” by so-called “support groups” to accept a presidential ambition or declare their intentions for same.
    Though his aspiration is of subnational, let’s view Mr Malami, who, months before he’s appointed in 2015, reportedly told a Kano radio that, “he couldn’t afford N12 million to renovate his residence.”
    But seven years after, Malami is a billionaire that can give hundreds of Sport Utility Vehicles (SUVs) to party supporters he’s wooing for the governorship ticket in 2022, and election in 2023 in Kebbi State.
    What statutory incomes have accrued to Malami, to afford giving out hundreds of cars amid accusation of owning choice property, hotels and an international school, in cities in Nigeria?
    Without speaking to the allegations of his stupendous wealth that’s ostensibly acquired in government, Malami’s real scandal is in doubling down on distributing hundreds of cars to his constituents.
    The other day, addressing his supporters, in Hausa language, Malami thumped his nose at his critics, promising that if God willed, he’d distribute airplanes for the constituents.
    His words: “They (political opponents) have been reporting that we shared about 200 Mercedes cars. They are used to distributing hard drugs, but we share cars. So, they will not be happy with the good things we are doing. If Allah gives us the opportunity, we will share aeroplanes, not just cars.” His listeners exploded in applause!
    Many pressure groups, within and outside Nigeria, have called on, and are prepared to drag Dr Jonathan into the 2023 electoral fray, to actualise his second term bid that’s thwarted in 2015 with the election of retired Gen. Muhammadu Buhari as president.
    Jonathan, then dubbed as “clueless” and “incompetent,” is today paraded as the “new Messiah” to cure Nigeria’s insecurity, poverty and national disunity that are more glaring than they’re in 2015.
    In their scheming, the persuaders have purchased N100 million APC Expression of Interest and Nomination Forms for Jonathan, who has turned down the offer as without his knowledge and authorisation.
    Yet, the sing-song by his agitated supporters is that, “Jonathan must run,” but on the condition that he’s given “automatic ticket” by the APC, which, as insiders note, has designed the “Withdrawal Letter” attached to the nomination forms, “so as to weed out the ‘undesirable aspirants’ for Jonathan to get the ticket.”
    Dr Emefiele’s declining the nomination forms appears a ploy to stave off calls by especially Ondo State Governor Rotimi Akeredolu (SAN) for him to resign and pursue his presidential ambition.
    And going to court, to seek an injunction to stop the government and INEC from sacking him or refusing his aspiration under the APC, exposes Emefiele as a hidden partisan for a while.
    Actually, the Chairman, Ward 6 in Ika South local government area of Delta State, Mr. Nduka Erikpume, has confirmed Emefiele’s membership of the APC, for which he registered in February 2021.
    In the interim, a Federal High Court in Abuja has refused Emefiele’s prayers, moved by Human Rights Lawyer, Chief Mike Ozekhome (SAN), and fixed the hearing of the application for this week.
    Ironically, as Jonathan and Emefiele rejected the nomination forms from political interlopers, Chief Sylva, grinning from ear to ear in pictorials, received his from presidential promoters, who stormed the NNPC Towers in Abuja on May 9, to force him to be president.
    The question: Must tens of aspirants gear up for a single slot in the APC? Maybe due to reported promises by influence-peddlers that they’d be made president by the “kingmakers” that determine who becomes what in Nigeria!
    The presidency hawkers may’ve ensnared Dr Adesina, to persuade him to join the bandwagon from his exalted seat of the AfDB, with the purchase of nomination forms for him to be president.
    Adesina, who hasn’t uttered a word about his aspiration, is touted as the “compromise candidate of the South-West” in the shadow-boxing by Asiwaju Tinubu and Vice President Yemi Osinbajo’s support groups to cancel out each other’s principal in the race.
    Now the-story-that-touches-the-heart in the political melodrama of the 2023 elections. It’s the withdrawal from the presidential contest by Dr Kalu, thus throwing his millions of supporters nationwide into disappointment and regrets.
    Kalu’s an early bird to the presidency of an Easterner of Igbo extraction. He made that a condition precedent on his vying for the post, even as he pledged to match Tinubu’s formidable political machine Naira-for-Naira, grit-for-grit and vote-for-vote.
    But that epic battle will not be, as Kalu withdraws his presidential bid, obtains the nomination forms for re-election into the Senate, and backs the presidential aspiration of Dr Lawan.
    A wily Lawan, reportedly promised the presidency, and looks a sure bet to clinch the ticket that’s eluded the North-East (where he hails from) since democracy returned in 1999, has allegedly additionally obtained nomination forms for a return to the Senate.
    A favoured Lawan with the APC ticket could pick Kalu, a classmate, friend and political ally, as his running mate. And that, at least, would assuage the feelings of Kalu’s supporters across Nigeria.
    As things got weirder the past week, the Campaign Director of the Asiwaju Bola Ahmed Tinubu Support Groups Management Council (ABATSGMC), Abdulmumin Jibrin, “defected” from the APC.
    In tweets, the former member of House of Representatives said: “I have done my best for APC. It’s time to move on. I will announce my new political party within the next 24 hours insha Allah. I will make a formal statement in due course.” Still waiting for his moves!
    Two quick takes: Jubrin’s action is allegedly a precursor to a Tinubu “Plan B” to dump the APC, which the “Jagaban” has denied, but insists on credible primaries; and Jubrin jumped ship because he’s refused a return ticket to the National Assembly (NASS).
    Even as Kano State Governor Abdullahi Ganduje reportedly steps in to get Jubrin a reprieve, the totality of the presidential undercurrents – to zone or not to zone, and the sheer number of aspirants – has elevated the APC to an absurd “Fuji house of commotion.”

    *Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

  • It is beyond your legal power to sell or dispose assets – COURT TELLS AGF

    It is beyond your legal power to sell or dispose assets – COURT TELLS AGF

    A Federal High Court sitting in Lagos has nullified all sales and disposals of assets made by the Attorney-General of the Federation, Abubakar Malami, under the Asset Tracing, Recovery and Management Regulations, 2019.

    The judge, Justice Lewis-Allagoa, held that the Asset Tracing, Recovery and Management Regulations, 2019, is “an invalid statutory instrument.”

     

    It held that the regulations were “ultra vires the office and powers” of the AGF.

     

    The order was made by Justice Ambrose Lewis-Allagoa following a suit FHC/L/CS/40/2021 filed by the plaintiff, Incorporated Trustees of HEDA Resource Centre.

     

    Malami had in November 2020 set up an inter-ministerial committee for the disposal of forfeited assets, following a directive by the President, Major General Muhammadu Buhari (retd.) in October 2018.

     

    The AGF’s power to set up the committee was challenged by HEDA, through its counsel, Omotayo Olatubosun, who argued that the regulations conflicted with the Economic and Financial Crimes Commission Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency Act, 2004 and Independent Corrupt Practices Commission Act, 2000, among others, on the matter of disposal of final forfeited assets.

     

    The AGF’s preliminary objection argued by its counsel, Tolu Mokunolu, was dismissed by the Court which granted the nine reliefs sought by the plaintiff.

     

    Justice Lewis-Allagoa held, “I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.

     

    The plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations;

     

    “An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being in excess of the provisions of the Independent Corrupt Practices Commission Act, 2000;

     

    “An Order nullifying all sales and disposals of assets made by the Defendant pursuant to the said Asset Tracing, Recovery, and Management Regulations, 2019 same being ultra vires the office and powers of the Defendant.”

  • Court stops CBN Governor, Godwin Emefiele from running for President

    Court stops CBN Governor, Godwin Emefiele from running for President

    Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has lost his bid to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF), Abubakar Malami, from restricting him from running for President.

     

    The tenth indigenous Governor of CBN, on Monday, informed an Abuja court that he can run for President of the Federal Republic of Nigeria without resigning from his job as CBN Governor.

     

    This came after widespread outrage and criticism from Nigerians over a sitting CBN Governor’s temerity to run for political office while remaining in office without formally resigning.

     

    The CBN Governor informed the court that because he is a civil servant and not a political appointee, Section 84(12) of the Electoral Act as amended, 2022 does not apply to him.

     

    However, the court ordered INEC and the AGF to appear before it on May 12 to show cause why the CBN Governor should not be awarded status quo antebellum.

     

    Emefiele has asked a federal high court in Abuja to declare him eligible to participate in the 2023 presidential election.

     

    His request is in a suit marked FHC/ABJ/CS/610/2022 and filed on May 5.

     

    TheNewsGuru.com reports that the suit was filed two days before the CBN governor said he had not made up his mind to run for the office of the president.

     

    Three support groups bought him the All Progressives Congress (APC) presidential nomination form worth N100 million.

     

    The aforementioned prayer is part of seven reliefs being sought by the CBN governor in the suit that has the Independent National Electoral Commission (INEC) and Abubakar Malami, attorney-general of the federation (AGF), as respondents.

     

    “A DECLARATION that the Plaintiff can only be governed by or subject to the provisions of section 137(1) (g) and 318 of the Constitution of the federal republic of Nigeria, 1999 (as altered), which require a public officer seeking election into a political office to resign, withdraw or retire from his appointment at least 30 days to the presidential election, rather than by the provisions of section 84(12) of the Electoral Act, 2022 or the guidelines, rules, criteria, measures or conditions made by the plaintiffs political party or any political party,” the court filing read.

     

    “A DECLARATION that the Plaintiff can validly participate in the primary election of a political party and is entitled to vote and be voted for as candidate of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria (as amended).

     

    “AN ORDER that the Plaintiff cannot be hindered, stopped or precluded from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria.

     

    “AN ORDER OF PERPETUAL INJUNCTION restraining the defendants whether by themselves, their agents, servants or privies or any legal representative from hindering, stopping or precluding the Plaintiff from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of the president or any other office under constitution of the federal republic of Nigeria (as amended).”

     

    One of the questions he posed before the court reads: “Whether the provisions of section 84 (12) of the Electoral Act, 2022, which are consistent with the provisions of section 137(1)(G) of the constitution of the federal republic of Nigeria 1999 (as amended) which have been declared so by a competent court of jurisdiction can be relied upon by the defendants to disqualify the plaintiff from contesting election to the office of president of the Federal Republic of Nigeria or from contesting or participating in the parties’ primaries or convention or congress for the purpose of election to the office of president of the Federal Republic of Nigeria scheduled for 25th February, 2023.”

     

     

  • 2023: Amaechi, Malami, others must resign now – ZLP demands

    2023: Amaechi, Malami, others must resign now – ZLP demands

    Miffed by the continued retainership of their positions in government while actively campaigning for elective posts in 2023 polls, the Zenith Labour Party (ZLP) has called on the President Muhammadu Buhari to ensure the immediate resignation of his cabinet members aspiring for electoral offices.

    The resolution, which was obtained by thenewsguru.ng, was reached after its National Executive Committee meeting held at the party’s National Secretariat in Abuja on Thursday.

    The resolution was signed by the National Chairman, Dan Nwanyanwu.

    The party also chastised the ruling All Progressives Congress (APC) and the Peoples Democratic Party (PDP) for their costly nomination fees, which, it said, would cause successful aspirants to loot the National Treasury when they become successful at the polls.

    ALSO READ: APC bars Amaechi, Malami, Akpabio, others from voting at Nat’l Convention

    The ZLP cited section 84 (12) of the Electoral Act (2022), through which the party lamented President Buhari’s continued silence over the refusal of his ministers and other appointees seeking electoral offices to resign from their current positions.

    Thenewsguru.com understands the section above provides thus: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

    But it is currently a subject of litigation at the Federal High Court Abuja where the Peoples Democratic Party (PDP) is praying the court to restrain the National Assembly from deleting the section from the Act allegedly at the instance of the President.

    The party noted that its NEC condemned the president’s silence on the attitude of appointees in the government, adding that it is absurd as it has never happened in the country’s political history.

    The ZLP stressed that the development raises a morality question and expressed belief that there should be moral content in politics. “President Muhammadu Buhari, this is not right,” it chides.

    It stated; “The NEC, therefore, calls on the president to direct all those who have indicated interest to run to resign immediately. It shouldn’t be happening under his watch.

    ALSO READ: 2023: APC, ZLP begin merger talks to PDPs Makinde
    “This is not right. It should not be accepted by you. Act as we know you to direct them to resign their position and go contest the positions they want. This is the position of most Nigerians. It is not right and we should not allow it to be a part of our political culture,” it concluded.

    Thenewsguru.com understands that the party’s stand became apparent as the continued stay of those aspiring for political positions in next year’s election is capable of causing confusion and clog the court systems in the aftermath of polls and post – election cases in the tribunals.

    Many close watchers of the current trends in the nation’s march to 2023 polls, said such attitude was capable of encouraging future office holders to trample of the letters of the law by whim.

    Also, the Court of Appeal, Owerri Division has fixed May 10 for the hearing of the application of the National Assembly on the judgment of the Federal High Court, Umuahia which ordered deletion of Section 84 (12) of the Electoral Act.

    Buhari sees the section as a contravention of the provisions of the 1999 Constitution.

  • Malami denies distributing vehicles to APC officials

    Malami denies distributing vehicles to APC officials

    The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, has refuted allegation of distributing expensive vehicles to officials of the All Progressives Congress (APC) in Kebbi.

    Malami refuted the allegation on Tuesday in an interactive session with journalists in Birnin Kebbi.

    He said “At this moment, I have experienced a barrage of attacks, left, right and centre, some are local and others international, an attack that has to do with an allegation that I shared many expensive vehicles to delegates of APC.

    “As a person with some associates, neither I nor a friend of mine shared any vehicle to any delegate across the state.”

    Malami described the story as mischievous and misconstrued.

    “Let me state categorically that some of the foundations, as Khadi Malami and Khadimiyya for Justice and Development Initiative I am associated with over time, have workers who have demonstrated a greater capacity in the development of the state.

    “These associations have contributed immensely in poverty alleviation, provision of social amenities to remotest areas, empowering unemployed youth and women, as well as small and medium scale farmers and businessmen and women, among others, in the state.

    “In appreciation of what the workers of the associations have been doing in the state and beyond, the supporters of the associations, collectively and individually, decided to solicit for support from well-meaning Nigerians that have been supporting the NGOs in order to reward those that have been manning the affairs of the NGOs,” he said.

    Malami explained that it was his friends and associates who donated and distributed vehicles to long-term workers in the Khadimiyya Foundation.

    “I know I had an interactive session with APC stakeholders some days ago and had accepted calls from Kebbi people to run for the state governorship; the meeting was not for distribution of vehicles to any APC stakeholder.

    “None of the APC stakeholder or delegate in Kebbi State was given any vehicle by me, and I have not yet donated any vehicle to any delegate.

    “The mischief makers can contact the National Secretariat of the APC, get the lists of all the APC stakeholders and delegates in Kebbi State.

    “You too can do an investigative story to reach out to them, then you will realise how fictitious the claim is.

    “There is no connection between the names of APC stakeholders and the beneficiaries of the vehicles and are not connected whatsoever,” the minister pointed out.

  • Electoral Act: Only Appeal Court can upturn judgment on Section 84(12) – Malami

    Electoral Act: Only Appeal Court can upturn judgment on Section 84(12) – Malami

    Justice Minister Abubakar Malami, SAN, says only the Court of Appeal can restore Section 84(12) into the Electoral Act, 2022.

    Malami told Justice Inyang Ekwo of a Federal High Court (FHC), Abuja, in a counter affidavit filed on his behalf by his counsel, Oladipupo Okpeseyi, SAN.

    The counter affidavit, marked: FHC/ABJ/CS/247/2022, was deposed to by Abimbola Akintola, a legal practitioner.

    The Peoples Democratic Party (PDP) had sued the President, the Attorney General of the Federation (AGF), Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

    It also sued Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC) as 1st to 8th defendants respectively.

    Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

    The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

    Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March18, ordered the AGF to delete Section 84(12) of the Act.

    Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

    Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

    Reacting,, the AGF said that both the National Assembly and PDP had since appealed the judgment.

    He said “it is only the Court of Appeal that can restore the section into the Electoral Act and not any high court.”

    He said the PDP suit had become academic and constituted abuse of court process on the strength of the pending Court of Appeal matter.

    The AGF, therefore, prayed the court to dismiss the PDP suit.

    He argued that PDP should not be allowed to take over the functions of the National Assembly since it had no power to amend or enact law.

    Malami, who averred that PDP had nothing to suffer if the contentious section is deleted, said that removing the section would deepen the practice of democracy and stop discrimination against public servants and public office holders.

    When the matter came up on Thursday, counsel to the parties in the suit informed that processes had been filed and served on one another.

    Justice Ekwo adjourned the matter until May 16 for hearing.

    Section 84(12) reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

  • SERAP sues Buhari over blockage of 72m subscribers SIM

    SERAP sues Buhari over blockage of 72m subscribers SIM

    The Socio-Economic Rights and Accountability Project (SERAP) has dragged President Muhammadu Buhari to court “over the failure to unblock the phone lines of over 72 million telecommunication subscribers barred from making calls on their SIMs.”

    Joined in the suit as Respondents are Mr Abubakar Malami (SAN), Minister of Justice and the Attorney General of the Federation and Mr Isa Pantami, Minister of Communications and Digital Economy.

    The suit followed the recent directive by the Nigerian Government to telecommunications companies to block outgoing calls on all unlinked lines, as the deadline for the verification expired on March 31. Following the directive, over 72 million subscribers have now been barred from making calls.

    In the suit number FHC/L/CS/711/2022 filed last week at the Federal High Court in Lagos, SERAP is seeking: “an order setting aside the directive by President Buhari to telecommunications companies to block outgoing calls on all unlinked lines without due process of law, and for being inconsistent with the requirements of legality, necessity and proportionality.”

    It is also seeking “an order of perpetual injunction restraining President Buhari and the Minister of Communications and Digital Economy, Isa Pantami from unlawfully directing telecommunications companies to block outgoing calls on all unlinked lines, without due process and in violation of Nigerians’ human rights.”

    In addition, the organisation is asking the court to direct and compel “President Buhari to ensure adequate infrastructure and logistics to allow Nigerians including persons with disabilities, older persons, and persons living in remote areas, to capture their data and conclude registration to obtain National Identity Number (NIN).”

    In the suit, SERAP is arguing that, “directing and compelling the Federal Government to unblock the phone lines unlawfully barred would be entirely consistent with the Nigerian Constitution 1999 [as amended], and the country’s international obligations to respect, protect, and promote socio-economic rights.”

    SERAP told the court that it would be in the interest of justice to grant the application.

    “Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory, and a travesty,” it noted.

    “The blocking of phone lines of Nigerians without due process of law has disproportionately affected those on the margins of society. This has resulted in the discrimination of marginalized or vulnerable groups.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “While Nigerian authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.

    “Fundamental rights are regarded as part of human rights and are protected to enhance human dignity and liberty.

    “Unblocking the phone lines unlawfully barred from making calls would improve respect for the rule of law, and ensure people’s right to freedom of expression, and access to information, as well as their right to associate with others.

    “The blocking of people from making calls constitutes impermissible restrictions on the rights to freedom of expression, information, and association.”

    SERAP said the rights of people must be protected online and offline.

    “Any restriction on these rights must be provided by law, be necessary in a democratic society and serve a legitimate aim,” it added.

    “The blocking of people from making calls on their SIMs also amounts to arbitrary or unlawful interference with their right to family life, and socio-economic rights, as it unnecessarily or disproportionately interferes with these fundamental human rights.

    “The decision to block the phone lines also appears to be arbitrary, and lacks any legal framework, independent and judicial oversight. This may allow authorities to act in an unfettered and potentially arbitrary or unlawful manner.”

  • President Buhari says Nigeria’s maritime territory to be expanded through UNCLOS

    President Buhari says Nigeria’s maritime territory to be expanded through UNCLOS

    President Muhammadu Buhari has said Nigeria is at the verge of extending its territory without “war, litigation or purchase” but with efforts at expanding its maritime territory through the United Nations Convention on the Law of the Sea (UNCLOS) fully on course.

     

    He gave this assurance on Tuesday in Abuja while receiving a progress report from the High-Powered Presidential Committee on Nigeria’s Extended Continental Shelf Project.

     

    In a statement by his Special Adviser on Media and Publicity, Mr. Femi Adesina, the President said: “I am looking forward to the day that I can announce to Nigerians that additional maritime territory has been approved for Nigeria by the United Nations Commission on the limits of the continental shelf.”

     

    The President assured the committee, chaired by the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN), of his full support on Nigeria’s submission to the United Nations for additional maritime area under the recognised international convention.

     

    President Buhari also assured them of his support to conclude the project in good time.

     

    Underscoring his special interest in the project, the President said: “I have always had special interest in this project right from the first day I heard of it. This is because this type of project, where Nigeria will gain additional territory without conflict, has never happened before in her lifetime.

     

    “I am, therefore, glad that it is happening within our lifetime. This is one of the many reasons I have been ardently following your progress over time.

     

    “It is my intention to support the submission to the United Nations for additional maritime area, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), to claim for Nigeria every bit of space that she deserves under UNCLOS.

     

    “It is pleasing to know that most wars that have taken place in the world since time immemorial, including the present times, have always been territorial. Nigeria has this one and only chance to gain territory without war, litigation, or purchase.

     

    “More so when this territory lies within the area dubbed as ‘the Golden Triangle’ in the Gulf of Guinea, which contains unquantifiable resources some of which have not even been discovered.”

     

    Thanking President Buhari for his support to the project, malami said: “I thank you for making this project your pet project, because when it was virtually dead after being dormant for more than 30 months and the Nigerian experts had almost given up on it, you rescued it, and it is where it is today because of you.”

     

    The President listened to an administrative presentation on the project by a surveyor, Aliyu Omar, who is also the Secretary of the Committee, while the technical part was presented by Prof. Lawrence Awosika, a marine geophysicist and former Director at the Nigerian Institute for Oceanography and Marine Research.