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Court grants suspended UNICAL professor’s plea to appeal ruling
A Federal High Court, Abuja, on Tuesday, granted leave to Prof. Cyril Ndifon, the suspended Dean of the Faculty of Law, University of Calabar, UNICAL, to appeal the decision of the court dismissing his no-case submission in the charge against him.
Justice James Omotosho also gave Ndifon’s lawyer, Mr Sunny Anyanwu, the go-ahead to file an appeal against the dismissal of the no-case submission.
Justice Omotosho granted the leave following a motion filed by Ndifon and Anyanwu’s counsel, Joe Agi, SAN, which was not opposed by the Independent Corrupt Practices and Other Related Offences Commission, ICPC’s lawyer, Osuobeni Akponimisingha.
Recall that the judge had, on March 6, dismissed the no-case submission filed by Ndifon and Anyanwu on the ground that the evidence led by the prosecution constituted a prima facie case against the duo.
Consequently, Justice Omotosho ordered them to enter their defence in the charges filed against them.
When the matter was called on Tuesday, Akponimisingha informed the court that the matter was slated for the defendants to open their defence and that he was ready to proceed.
But Agi drew the attention of the court to two motions filed on behalf of the defendants.
He said the first motion sought the leave of the court to appeal its ruling on their no-case submission and the second motion sought an order directing the registrar of the court to make available Exhibits N and O (Oppo and Tecno Phones) to the defendants.
Akponimisingha, who informed the court that his attention was only drawn to the motions on Monday, said he was not opposing the first motion, seeking leave to appeal.
However, he indicated interest in opposing the motion seeking the release of Ndifon’s two phones to the National Forensic Laboratory.
Justice Omotosho, who granted the motion seeking leave to appeal his ruling, adjourned the matter until March 19 for a hearing of all pending motions in the matter.
NAN reports that Ndifon and Anyanwu had, on Feb. 19, filed a no-case submission after the ICPC closed its case.
They had argued that there was no evidence adduced by the prosecution on which the court could convict them and insisted that the commission failed to establish a prima facie case against them.
But the ICPC, in opposition, filed a counter affidavit on Feb. 23, praying the court to dismiss the no-case submission of the defendants.
Ndifon was, on Jan. 25, re-arraigned alongside Anyanwu on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on Jan. 22 by the ICPC on the allegation that he called TKJ, the star witness, on her mobile telephone during the pendency of the charge against Ndifon and threatened her.
The anti-corruption commission had, on Feb. 14, announced the closure of their case after calling four witnesses, including a female diploma student identified as TKJ.
News
No evidence regular s3x prevents prostate cancer – Urologist
By Francesca Hangeior
A consultant urologist, Dr. Odezi Otobo, says there is no medical or urological evidence having regular sex and ejaculation reduces a man’s risk of coming down with prostate cancer.
Otobo, who works with the University of Calabar Teaching Hospital, said this at a medical outreach for men organised by Asi Ukpo Comprehensive Cancer Centre in Calabar.
The outreach, which was held at the premises of the Christian Central Chapel International, Calabar, is part of programmes to commemorate “Movember.”
Movember, which involves the growing of mustaches, is an annual event held in November to raise awareness of men’s health issues such as prostate cancer, testicular cancer, and men’s mental health.
The urologist, who was reacting to claims on social media that constant intimacy and having multiple girlfriends could prevent prostate cancer, said the disease was either hereditary, caused by lifestyle, or environmental.
“Instead of taking unprofessional and unscientific advice from different quarters, it is important to visit a hospital if you notice anything, and for those in their forties and fifties, get screened because early detection is key to effective treatment of cancer.
“Prostate cancer is indolent cancer and can be handled when a man is aware, visits a medical facility, and changes his lifestyle, not by having multiple ‘side chicks,’ he said.
On his part, Mr Yegwa Ukpo, the Executive Director, Asi Ukpo Comprehensive Cancer Centre, said they had to commemorate Movember because men’s health issues were hardly addressed in society.
Represented by Mrs Mercy Njoku, Event and Outreach Manager of the centre, Ukpo said there was something about masculinity in a society that made men think they had to keep their issues to themselves.
“I want to appeal to the men to take their health seriously because cases of men slumping and dying in their forties and fifties are on the increase; we don’t want this to continue.
News
Oil thieves angry with me – Tompolo
By Francesca Hangeior
The founder of Tantita Security Services Nigeria Limited, High Chief Government Ekpemupolo, alias Tompolo, has said that he is constantly facing threat to his life by the powerful people behind oil theft in the country.
According to him, the oil thieves are powerful people outside of the Niger Delta.
Tompolo, speaking at Oporoza, the headquarters of the Gbaramatu Kingdom, on Monday, alleged that some naval personnel, a few days ago, forcefully attacked operatives of the private outfit during the arrest of some suspected oil thieves along the Port-Harcourt creeks.
Speaking during a working visit of the Nigerian Bar Association national executive, led by its President, Afam Osigwe (SAN), to the oil-bearing community, Tompolo called for synergy between the Navy and other security outfits.
Tompolo noted that in the course of the surveillance operations to round up crude oil barons, Tantita had stepped on toes and had become the target of revenge missions.
He said, “While doing this work, we have stepped on a lot of toes of people over there in Lagos and Abuja. We have stepped on a lot of toes. As I am here, after my court cases, I cannot travel anywhere because of me and the key people (barons) fighting this battle.
“If I want to travel to Abuja to visit you, I must go with security. Even with two or three security personnel, none of them are happy with me, and they are now collaborating with top players involved in oil theft.
“Most times, you see that Tantita Security now has confrontations with the Navy and every well-meaning Nigerian knows the function of the Nigerian Navy and Tantita, but nobody wants to come out to face the truth.
“If we happen to arrest anybody now, we would get a lawyer from Abuja, Lagos or Ibadan to do the case very well.”
Tompolo expressed worry that efforts to checkmate crude oil theft were being sabotaged in some quarters.
“Some few days back, our people intercepted a vessel in Port Harcourt, where the Nigerian Navy was shooting at Tantita Security, with police, Department of State Services and Nigeria Security and Civil Defence Corps.
“We want to implore and beg you (NBA). You must play in this present situation, because if we are not careful in this country, maybe we will not have money to do any reasonable thing.
“All of us here know that Nigeria is facing hardship. A bag of rice is over N100,000.
“We are going to do our part locally. But you (NBA) are there at the top. If we make arrest today, lawyers would stand on the other side and this side.
“Can somebody come to load a vessel of 500 metric tonnes in this community? Nobody has that capacity; the person comes from Lagos, Abuja, or neighbouring countries.
“The man here would be a water boy for the people in charge. That is the one we would arrest,” he said.
Efforts by our correspondent to reach the Nigerian Navy spokesman, Commodore Aiwuyor Adams-Aliu, for comments on the issue, were unsuccessful at the time of filing this report.
A female official in the Naval Public Relations Office who picked up telephone calls from our reporter simply said she “had been transferred to Lagos,” just as she maintained that “Commodore Adams-Aliu is in the best position to react to the issue.”
Speaking earlier during a courtesy call on the Pere of Gbaramatu kingdom, Oboro-Gbaraun II, in his palace, the NBA President expressed delight over the recent announcement from the Nigerian National Petroleum Company Limited that oil production had risen to 1.8 million barrels per day, with a promise to increase it up to 2 million bpd by the end of this year.
“If the oil production keeps going up, it will benefit all of us and the government will be able to provide for the needs of the people,” he stated.
News
Court orders repatriation of 270 Nigerians held in Ethiopian prison
By Francesca Hangeior
Justice Inyang Ekwo of the Federal High Court in Abuja has directed the Ministry of Foreign Affairs and the Nigerians in Diaspora Commission (NiDCOM) to repatriate at least 270 Nigerians who are currently incarcerated or held in detention at Kaliti Prison in Ethiopia.
Justice Inyang Ekwo in a ruling issued a mandamus order directing the Ministry of Foreign Affairs and NiDCOM to facilitate the repatriation of the imprisoned Nigerians, following the Ethiopian government’s declaration that it lacked the budget to care for them.
Justice Ekwo stated, “I am satisfied that the applicants have made a compelling case, justifying the court’s decision to issue an Order of Mandamus to compel the 1st and 2nd respondents to perform their statutory responsibilities, and I hereby so declare.”
On Sunday, November 17, Sunday Mmaduagwu, Henry Anyanwu, and Leonard Okafor—filed the originating motion on notice. They sued NIDCOM, the Ministry of Foreign Affairs, the Senate, the House of Representatives, the Federal Republic of Nigeria, and the Attorney-General of the Federation (AGF), who were named as the 1st to 6th respondents, on behalf of Nigerians detained in Ethiopian prisons.
The motion was filed in accordance with Order II, Rules 1, 2, and 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009), as well as Sections 6(6), 34(1), 35(1), (4), and (6), 36, and 46 of the 1999 Constitution (as amended).
The suit also referenced Articles 4, 5, and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, LFN 2004 (ACHPRRE Act 2004), and invoked the inherent jurisdiction of the court.
The applicants sought a declaration that their fundamental rights, as guaranteed by Sections 33, 34, and 35 of the 1999 Constitution, as well as Articles 2, 3, 5, and 6 of the CAT, Articles 4(1) & (15) and Article 16 of the UNUDHR, and Articles 3, 5, 6, and 25(1) & (2) of the BPT (General Assembly Resolution 45/11 of 14 December 1990), had been violated by the 1st to 4th respondents.
Additionally, they sought an order compelling the 1st and 2nd respondents to facilitate the repatriation of Nigerians imprisoned and detained at Kaliti Prison in Ethiopia, following the Ethiopian government’s declaration that it lacked the budget for their food, firewood, medicine, and other welfare needs, and in light of Ethiopia’s request for Nigeria to take them back.
In the affidavit accompanying the motion, Mmaduagwu stated that he is the first cousin of Remigius Anikwe, who is currently incarcerated at Kaliti Prison in Ethiopia.
He said Henry is a brother to Chinedu Michael Anyanwu, who is also detained or imprisoned in Kaliti prison, while Leonard is a relative of Okafor Livinus Edochie, who also is in detention in the same prison.
Mmaduagwu stated that upon visiting the prison to see his cousin, he discovered that over 270 Nigerians were being detained there.
He noted that some of the detainees had not been tried, as they did not understand the local language and were not provided with interpreters.
Mmaduagwu described the conditions in the prison as appalling, with any interaction between Nigerians and the locals resulting in severe beatings, leading to the collapse and death of some detainees.
He also said that several young Nigerians, who were merely in transit with visas, had been arrested, stripped of their money and valuables, and subjected to false testimony by witnesses who were coerced into speaking against them in a foreign language.
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