RENAMING OF UNILAG TO MAULAG
Following the renaming of
Unilag to Moshood Abiola University by the Presidency on the 29th of May 2012, an
Ikeja Federal High Court in Lagos granted an interim order restraining the
Federal government from renaming Unilag and the National Assembly from
deliberating on the proposed bill of renaming the institution, at the instance
of the suit filed by the students and alumni of Unilag. See the Vanguard newspaper
of 25th June, 2012. The suit has been adjourned to the 21st
of September 2012, for the parties to put their houses in order, while
maintaining the status quo. See the Punch Newspaper of July 4th,
2012. By the decision of the Supreme Court In the case of UN1BIZ vs. CBCL
(2003) 6 NWLR (pt816) p402, the purport of the interim order Is that Unilag
remains Unilag pending the determination of the interlocutory application and
by extension the substantive suit. Maulag is not yet known to law.
CONSTITUTIONAL AMENDMENT. SEE THE PUNCH NEWSPAPER
OF FEBRUARY 23RD AND MAY 9TH 2012
The senate has received well
over 108 memoranda from Nigerians and 56 State creation requests in the ongoing
review of the 1999 CFRN. See the Nigerian Tribune of 21st July,
2012. We submit that the National Assembly should focus on making the
fundamental provision of Chapter II of the 1999 CFRN to be justifiable; ensure
true Federalism and Curb endemic corruption in the ongoing review of the
constitution.
DANA AIR CRASH OF 3RD JUNE, 2012.
The tragedy led to a One
Billion Naira suit been filed by Olisa Agbakoba against Dana Air Line, while
Bamidele Aturu at suit FHC/ABJ/1392/2012 is asking the Federal government to
release to him the reports of all plane crashes that has occurred in Nigeria
from November 20th 1969 till date. See the Punch of 23rd June, 2012.
FUEL SUBSIDY
SCAM
The
EFCC has commenced the prosecution of oil Marketers implicated in the
$6.8BIIlion Fuel Subsidy Scam. See Daily Trust of 24th July and
August 1st 2012. Ironically, Farouk Lawan (erstwhile Chairman of ad-hoc Committee
on Fuel subsidy probe) who is alleged to have received a bribe of $620,000 from
Femi Otedola in order to exonerate him from Indictment is yet to be arraigned.
We sue for the prosecution of both farouk lawan and Femi Otedola in Fairness to
those already arraigned In the Court.
MUSDAPHER
DAHIRU JUDICIAL REFORMS: CFRN, 1999 5TH ALTERATION BILL 2012.
Some
of the highlights of this bill (with 50 proposals), sent to the National
Assembly include;
v
Reduction of the Justices of the Supreme Court from
21 to 16;
v
Creation of advisory jurisdiction for the Supreme
Court;
v
Termination of Chieftaincy matters at the Court of
Appeal;
v
increase in the number of years of post-call
qualification to the Bench - for High Court, 15 years of post-call as against
10 years for Court of Appeal; 20 years of post-call as against 12 years and for
Supreme Court, 25 years of post-call as against 15 years.
We
submit that reduction of the number of Justices of the Supreme Court cannot
guarantee Speedy dispensation of Justice. Besides, experience not number of
years should be the yardstick in determining qualification to the Bench.
SUPREME COURT
CEDES 76 OFFSHORE OIL WELLS TO AKWA IBOM; SEE THIS DAY OF JULY 2012.
The
effect of this judgment is that, judicial recognition has been given to the
fact that Cross- River State has lost her littoral status due to the ceding of
Bakassi Peninsula to Cameroun.
MARYAN MUKTHER ALOOMA IS FIRST FEMALE CHIEF JUSTICE OF NIGERIA; SEE TRIBUNE
OF 17TH JULY, 2012.
The obvious challenge before the new CJN is the implementation of the policy
document on electronic Court
system in Nigeria which was launched by her predecessor. See the Nigerian
Tribune of 30th July, 2012.
OKEY WALLI IS THE 26TH NBA PRESIDENT; SEE THE NATION OF 17TH JULY, 2012
We urge to review the new increased in
annual practicing fee which has placed young lawyers at a great disadvantage,
for instance, Legal practitioners of less than Five years standing at the bar, are now to pay a
practicing fee of N10,000 as against N2,000.
HISWORSHIP ADEWUNMI MAKANJUOLA IN OSHOGBO, ORDERS
AND MAKES BARRISTER NAJITE OKOBIE DO FROG JUMP FOR FIVE MINUTES FOR SHOWING
DISRESPECT TO THE COURT. SEE THE GUARDIAN OF 20TH JULY, 2012.
Frog jumping as an alternative
to an alleged contemnor been charged, arranged and tried summarily for alleged
contempt of Court, is alien to Nigerian law. See Okoma vs Udoh (2OO2), NWLR
(pt748) 438 and section 133 Criminal code Cap C38 LFN2004. The order of His
Worship smacks the abuse of inherent judicial powers and discretion .In UBA vs
Etiba (2010) ALL FWLR (pt 548) 805, It was held that judicial discretion means
that Court are to act according to the rules of reason and justice, not
according to private opinion but according to
law, not humour.
APPEAL OF
INTERNATIONAL COURT OF JUSTCE (ICJ)
RULING AND DECLARATION OF INDEPENDENCE
BY BAKASSI SEE THE PUNCH 19th JULY, 2012 AND THIS DAY OF AUG., 2012.
By
the combined effect of Articles 60 and 61 of the ICJ statutes,
the case of Elsavador v Honduras and Yugoslavia v Bosnia, Nigeria has a right
to seek a review of the ICJ ruling
that ceded Bakassi to Cameroun, within a period of 10 years, where Fresh facts
arise. However, the official handing
over of Bakassi to Cameroun by Nigeria, on the 12th of August 2008;
the inordinate delay in seeking a review of the ruling and the injury such
appeal would do to Nigeria’s reputation in international law has made the
chances of Nigeria succeeding at appeal slim.
By virtue of Articles 6 and 15 of the UN Universal Declaration of
Human right, 1948; Article 1 of the International Convention on Civil and Political Rights, 1966 and Articles 20
and 22 of the African Charter on
Human and Peoples Rights, 1981; the people of Bakassi has a right to self determination and identity. However, the
declaration of Independence by Bakassi within a sovereign state, without the sanction of the United Nations, is an act of war in
International law. We sue for negotiation between Nigeria and Cameroon on the
need to carter for the well being of Bakassi aborigines; conferment of dual
citizenship on the people of Bakassi and implementation of the Green Tree
Agreement.
DECLARATION OF
SELF AUTONOMY BY MOVEMENT FOR THE SURVIVAL OF OGONI PEOPLE (MOSOP); SEE THIS
DAY 6TH AUGUST, 2012.
Even
though Articles 20 (1) and 34 of the UN Declaration on the Right of Indigenous People provides for right to self autonomy, MOSOP’s declaration
is inconsistent with section
2(1) of the 1999 constitution.
CREATION OF STATE
POLICE
The concept of true federalism calls for the creation of state police, which
by inference will require the amendment of section 214 (1) and item 45 of the
second schedule of the 1999
CFRN. However, the mind boggling questions are:
v
Will
the creation of state police be a
panacea to the security
challenge?
v
Will it not be abused by the incumbent state
governors?
v Is it
not wiser and safer to strengthen the existing federal police institutions as
an alternative to the creation of state police?
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