Law

Court okays CSO’s bid to compel speaker, House to conduct investigative public hearing on rape, death of Keren

Published

2 years ago

November 18, 2022

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The Federal High Court, Abuja Division has granted leave to Men Against Rape Foundation (MARF) to commence legal process to compel the speaker of the House of Representatives, Femi Gbajabiamilla and members of the House of Representatives to comply with its own resolution to conduct investigative public hearing into the rape and death of 14year old boarding student of Premiere Academy, Lugbe, Abuja, Miss Keren-Happuch Akpagher.

Keren-Happuch died on 22nd of June 2021 following medical complications caused by condom left inside her by a killer-rapists. The condom infected her with sepsis and spiked her blood sugar, which led to her death.

Ruling on an exparte motion argued by counsel to Men Against Rape Foundation (MARF), Barrister Johnbull Adaghe, Justice Evelyn Maha held that the request to commence the mandamus proceedings had merit and accordingly granted it.

“Having considered the submission of the applicant’s counsel in support of the motion and all documents placed before me, I find merit in the motion and I hereby grant leave to the applicant for judicial review for an order of mandamus compelling the respondents to give effect to their resolution of the 7th day of December, 2021, by conducting investigative public hearing on the death or the immediate and remote cause of cause of death of Miss Keren-Happuch Akpagher who died on the 22nd day of June, 2021, at the Queens Hospital, Wuse Zone 4, Abuja”, Justice Maha ruled.

Speaking at a press conference on why they sued the Speaker of the House of Representatives and his colleagues, the Executive Director of Men Against Rape Foundation (MARF), Lemmy Ughegbe said through this case “we shall establish a legal precedence in our country that will make lawmakers responsible and accountable to the people.”

“Our organisation and Amnesty International wrote several letters to the Speaker of the House of Representatives, Hon. Femi Gbajabiamilla to remind him that they were yet to comply with the resolution to probe Keren’s rape and death. But the speaker neither replied our letters nor took steps to enforce their resolution”, Ughegbe stated.

“How can a speaker who sits at the pleasure and expense of the Nigerian people, treat our call to duty with such arrogance and contempt? Where is the honour in people who want to be addressed as honourables if they will not honour their own resolutions after 345 days? This is why our organisation is in court. We want to use this case to establish that resolutions of the National Assembly are not for fun. Once you pass a resolution, you are duty bound to enforce it”, the gender rights activist declared.

“We must put an end to lawmakers passing resolutions for the optics just to score political points and look good when they are not committed to enforcing those resolutions. The legislature is serious business and we hope by this court case, a judicial pronouncement will affirm our argument and put an end to the shenanigans at the legislative arm of government”, he concluded.

In her own remark, the 2nd defendant, Mrs Vivien Vihimga Akpagher said “she is saddened that 17 months after my daughter’s rape and death, I am yet to get justice and the killer-rapist is still out there waiting to prey on another innocent vulnerable child.”

“My daughter is gone. She will never come back. So, I am speaking and seeking justice so that no other child will suffer and die like she did as a result of sexual abuse”, she added.

She wondered why the House of Representatives will dishonor itself by not honouring its resolutions, adding “we are in court to make them act honourably.”

In the substantive case, which has mother of late Keren-Happuch as second Plaintiff and the Speaker of the House of Representatives and the House of Representatives as 1st and second defendants, Men Against Rape Foundation is seeking the following reliefs:

•An Order of mandamus compelling the respondents to give effect to their resolution of the 7th day of December, 2021, by conducting investigative public hearing on the death or the immediate and remote cause of cause of death of Miss Keren-Happuch Akpagher who died on the 22nd day of June, 2021, at the Queens Hospital, Wuse Zone 4, Abuja.

•An order of mandamus compelling the respondents to carry out their constitutional role of investigative public hearing into the death or the immediate and remote cause of death of Miss Keren Happuch Akpagher – a boarding student of Premiere Academy, Lugbe, Abuja, who died at the Queens Hospital, Wuse Zone 4, Abuja, on the 22nd day of June, 2021.

The reliefs sought above were predicated upon the followings grounds:

•Miss Keren-Happuch Akpagher was a boarding student of Premiere Academy, Lugbe, Abuja.

•A – 14 years old Keren took ill while at school and was taken by her mother to the Queens Hospital, Abuja, for treatment, but unfortunately died on the 22nd day of June, 2021.

•Queens Hospital confirmed to the 2nd applicant that Miss Keren illness and death was caused by decaying condom and dead spermatozoa hurriedly abandoned in her virginal by her abuser/rapist.

•Her unfortunate demise elicited wide condemnation and caught the attention of 1st applicant who called and held rallies and press conferences in its efforts to draw the attention of the authorities to the menace of rape in our society with a view to bringing perpetrators to justice.

•In response to one of the agitations and rallies held within the premises of the National Assembly, the respondents, on the 7th day of December, 2021, passed a resolution to conduct public investigative hearing through their related Committees, with a view to enacting legislation that would abate further occurrence. Attached herewith and marked exhibit “A” is the said House of Representatives Federal Republic of Nigeria, Votes and Proceedings of Tuesday, 7th December, 2021. See: pages 2192 – 2194, particularly paragraph 6, at page 2192 of the exhibit.

•The respondents in the said resolution, gave themselves a timeline of two weeks within which to submit the report of the committees to the house.

•The two weeks’ timeline set by the respondents for themselves has since lapsed and the respondents have failed to carry out the substance of their resolution.

•Following their failure aforesaid, applicants caused their solicitor to, by a letter, draw respondents’ attention to their said resolution and urge them to carry out their said investigative public hearing. Attached herewith and marked exhibit “B” is the said applicants’ solicitors letter dated 8th day of September, 2022.

•The deadline given in the said applicants’ letter for the respondents to comply with applicants’ demand lapsed on the 15th day of September, 2022, and the respondents have failed to discharge the public duty imposed upon them by the provision of sections 88(1) and (2), and 89 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

•That notwithstanding the said solicitors’ letter, respondents have failed and or neglected to discharge their public duty entrusted upon them by the supreme law of the land and in defiant to their own resolution of the 7th day of December, 2021.

•The respondents have a public duty entrusted upon them by law to conduct investigations and public hearing with respect to matters of public importance, moreso that respondents have by a resolution of the house, undertaken to conduct investigative hearing into the menace of rape in our society, and report back to the house within two weeks of the resolution.

•Child abuse and varying forms of sexual and gender-based violence which poses grave psycho-social public health problems are on the rise and the failure of the respondents to carry out their constitutional duty of investigative public hearing or enforce their resolution of the 7th day of December, 2021, would further emboldens perpetrators of the heinous crime and put the society in further danger.

•The anti-social conducts manifest in cases of rape are menace to the society; a crime against the state, womanhood and humanity; particularly in a civilized society like ours.

END

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Law

MAMBILLA: Court halts proceedings, adjurns over EFCC’s invalid prosecution witness against Agunloye

Published

10 months ago

May 30, 2024

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The hearing of the criminal charges against the former Minister of Power and Steel, Dr. Olu Agunloye, which formally began at the FCT Court Thursday, 30 May 2024 before the same Justice Jude Onwuegbuzie was stalled over presentation of invalid prosecution witness by EFCC against Agunloye

EFCC is prosecuting Dr. Agunloye for “awarding in 2003 a $6 billion Build, Operate and Transfer $¾(BOT) contract without cash backing, disobeying oral directives of the President, forging his own letter as a sitting Minister and receiving a retroactive bribe of N3.6 million 16 years after.” To prove its case, EFCC has listed seven witnesses excluding former President Chief Olusegun Obasanjo who had earlier volunteered to testify at the court.

At the court, EFCC presented its first Prosecution Witness (PW1), Mr Adewale as “representative of the Guaranty Trust Bank”. He was brought to discuss the GTBank statement of accounts presented by EFCC. But the moment Mr Adewale disclosed that he was not in the employment of GTBank, the defence lawyers quickly pointed out the aberration to the court which immediately halted the presentation of Mr Adewale. The court promptly stopped the proceedings and adjourned the hearing till Monday, 10 June 2024 to enable the EFCC regularise its Prosecution Witness Number One.

It will be recalled that the former Minister, Dr. Olu. Agunloye, has consistently asserted that he did not commit any crime, and that EFCC is prosecuting him to corroborate FGN’s pleas at the arbitration in France hoping to free FGN from liabilities in the Arbitration even though FGN knows that the issues that led to the international arbitration were caused under Buhari’s APC Government and not by Agunloye. However, Agunloye will have to combat the emergent bias, prejudice, and prejudgment on the part of the trial judge and has to struggle very hard for justice in Nigeria.

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Law

EFCC to arraign Bello on Thursday over alleged N80.2b money laundering

Published

11 months ago

April 17, 2024

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The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State, Yahaya Adoza Bello before a Federal High Court sitting in Abuja.

The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024.

Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.

Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.

Count 18 of the charges reads: “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders international Limited to transfer the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.

“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024. The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle.
“As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024.

“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”

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Law

Court bars Ganduje from parading himself as member of APC

Published

11 months ago

April 17, 2024

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Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.

The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.

The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.

The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024

Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.

The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.

“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”

Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.

The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.

in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.

Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.

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