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Tag: Minister of Justice

  • 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.

  • Court of Appeal nods over appeal against judgment mandating AGF to delete Section 84 (12) from the amended Electoral Act

    Court of Appeal nods over appeal against judgment mandating AGF to delete Section 84 (12) from the amended Electoral Act

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami and others have been restrained by the Court of Appeal from taking steps to frustrate the hearing of an appeal against a judgment mandating the AGF to delete Section 84 (12) from the amended Electoral Act.

     

    A three-member panel of the court, led by Justice Rita Nosakhare Pemu, in a ruling, granted the Peoples Democratic Party (PDP) permission to appeal, as an interested party, against the March 18, 2022 judgment by Justice Justice Evelyn Anyadike of the Federal High Court in Umuahia.

     

    The Appeal Court, in the ruling delivered by Owerri division on April 7, 2022, an enrolled copy of which The Nation sighted in Abuja on Sunday, also granted accelerated hearing in the appeal.

     

    The ruling was on a motion marked: CA/OW/87m/2022 filed by the PDP, with Chief Nduka Edede (plaintiff in the suit decided by Justice Anyadike) and the AGF as respondents.

     

    It reads: ” Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal – CA/OW/87/2022.

     

    “Due to the exigencies of this appeal and its constitutional colourisation, there is need to hear this matter expeditiously.

     

    “Accordingly, the appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of appeal on the respondents.

     

    “Parties should desist from taking any step to frustrate the hearing of the appeal.

     

    “The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal.

     

    “Fresh hearing notice to be issued on the 2nd to the 12th respondents.”

     

    The National Assembly has also indicated its intention to formally appeal the judgment by Justice Anyadike.

     

    Justice Anyadike had, in the March 18 judgment in the suit by Edede, marked: FHC/UM/CS/26/2022 held that Section 18(12) of th amended Electoral Act is unconstitutional and should be struck down.

     

    The judge noted that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days before the election.

     

    She held that any other law that mandates such appointees to resign or leave office at any time before the 30 days provided in the Constitution was unconstitutional and void to the extent of its inconsistency with the clear provisions of the Constitution.

     

    Justice Anyadike then ordered the AGF to delete the said Section 18(12) from the amended Electoral Act.

     

    Section 84(12) of the Electoral Act provides: “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.”

     

    The PDP has already filed a separate suit before the Federal High Court in Abuja in which it is challenging among others, President Muhammadu Bujari’s request that the National Assembly alters the provision of Section 84(12) of the Electoral Act.

     

    The case marked: FHC/ABJ/CS/247/2022, now before Justice Inyang Ekwo has been adjourned till April 28 for hearing.

  • Why Attorney General & Minister of Justice should protect the constitution from breaches – Akpojotor Agaga

    By Akpojotor Agaga.

    One of the constitutional duties of the minister of justice is enforcing the laws and guide them from being broken. This responsibility is not limited to individuals but extends to organs and institutions of government. We do not expect the Attorney General to take any preventive measures on issues that are still recondite. But when an issue has been pronounced upon by several courts to the extent that it has become trite, the minister of justice is beholden to the nation to take steps from preventing reoccurrence of such breaches in the interest of the integrity of the country.

    The recent suspension of Senator Ovie Omo-Agege on Thursday, the 12th day of April, 2018 which has been looming for several weeks over a statement made by him, on the sequencing of elections in the Electoral Act amendment bill could have been stopped by the minister of justice, if indeed he took his responsibility of protecting the laws of the country seriously.

    For as long as the minister of justice does not rise to the occasion to proactively stop the constitution from being desecrated and shredded so long shall we have this regime of impunity that has now become the forte of the leadership of the Senate and House of Representatives as a cog in the wheel to the growth of democratic culture, governance and development of the country.

    But now that we are having on our hands a repeat too many to condone, in the latest imperial action of the Senate, in suspending an elected senator who is the voice and mouthpiece of more than two million people of delta central senatorial district with a backlash that could debilitate the weak fabric of our federation especially with the perception of constituents hard hit by the suspension order that they are being technically excised from Nigeria, there cannot be a more apposite time than this for the minister to rise up to the challenge by initiating legal measures to arrest the ugly and disgusting situation with a view to reassuring the people of Delta central senatorial district who have vowed to protect their rights recognized by the constitution of the Federal Republic of Nigeria and Africa Charter on Human & people’s right that they are valued and recognized as an integral part of the Federal Republic of Nigeria.

    In the past, that was the trend that helped grow democratic culture and values as witnessed by instituting of court cases by state governments against the federal government and vice versa on issues they considered as encroachment on constitutional provisions.

    This is the time to go back to the regime of deploying legal measures to curb the excesses of people and organs/ institutions of government. This option is far more rewarding than the Gestapo approach of using anti-corruption agencies to harass and intimidate people the hallmark of President Obasanjo’s government still flickering in this government with little success to show for it because president Muhammadu Buhari is not gifted with a sadistic temperament for such abusive actions. Nigerians can still remember the number of Senate presidents, governors and PDP national chairmen illegally removed from office by Obasanjo’s barbaric practices. We, therefore, call on the Attorney General to always do the needful to protect our democracy and restrain people from advocating and calling for autocratic measures of Obasanjo that should be trashed forever.

     

  • Reps set to separate AGF’s office from Minister of Justice

    The House of Representatives on Tuesday, moved to separate the office of Attorney-General of the Federal (AGF) from that of Minister of Justice.

    The move followed the second reading of a Bill for an Act to alter the 1999 Constitution to introduce the Office of the Attorney-General of the Federation separate from the Minister of Justice.

    Presenting the Bill, Rep Mohammed Monguno (APC-Borno), said that if passed, it would emphasise the independence of the AGF’s office and ensure it was not subjected to political consideration.

    Monguno said that separation of the AGF’s office would allow for effective separation of power, adding that the two offices would be given the necessary environment to function optimally.

    Monguno said, “The Attorney-General of the Federation, being the Chief Law Officer is empowered in Section 150 and 195 respectively of the 1999 Constitution to enter nolle prosequi.’’

    Nolle prosequi is an entry on the record of a legal action that denotes that the prosecutor or plaintiff will proceed no further in an action of suit either as a whole or as to some count or as to one or more of several defendants.

    The lawmaker added that, ‘’The power can only be exercised if office is free from any political interference.

    “The office of the Attorney-General of the Federation is such an office that should be seen to be Independent and not be subjected to some political consideration,

    “His appointment should be seen to meet some standard in legal profession.

    “The fact that the Attorney-General of the Federation (AGF) performs some quasi judicial functions hence, the need for the office to be separated from the Minister of or Commissioner for Justice.”

    According to him, the AGF is the Chief Law Officer of the federation and advises the government whether at the federal or state levels on matters relating to law generally.

    “Whereas, the office of the Minister of or Commissioner for justice is political in nature, if read alongside other ministers or commissioners.

    Monguno further advised that the office of the AGF should be based on merit and competence and the National Judicial Council be involved.

    “It should be shielded from the vicissitudes of political influence”.

    The Speaker, House of Representatives, Mr Yakubu Dogara, referred the Bill to the Special Adhoc Committee on Constitutional Review for further legislative action.