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Kano Emirate: Falana speaks on jurisdiction of Federal High Court, Industrial Court

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Human Rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Tuesday, said the Federal High Court and the National Industrial Court have no jurisdiction to determine chieftaincy matters.

Falana, in a statement he personally signed, which was obtained by our correspondent in Abuja, accused both courts of separately conferring, “jurisdiction on themselves to determine chieftaincy matters.”

Falana described both decisions as, “highly erroneous” as they cannot be justified under sections 251 and 254(C) of the Constitution. Adding that both courts conveniently overruled the judgments of the Supreme Court and the Court of Appeal on the subject matter.

He said, “The intervention of the Federal High Court in the dispute arising from the deposition of Emir Ado Bayero & Co. as well as the restoration of Emir Sanusi Lamido Sanusi is a brazen repudiation of the decision of the Supreme Court in the celebrated case of Tukur v Government of Gongola State (1987) 4 NWLR (117) 517 where it was held that “The question raised in this claim is not a fundamental right question.

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“As in the first prayer, the right to be Emir is not guaranteed by the Fundamental Rights provisions of the Constitution and the Federal High Court has no jurisdiction whatever in the matter. The Court of Appeal was, therefore, not in error of law to hold that the Federal High Court has no jurisdiction to grant the two reliefs.

“Since the apex court has said that the right to be an Emir is not a fundamental right under chapter four of the Constitution, the Federal High Court sitting in Kano ought to have declined jurisdiction to continue to entertain the dispute over the chieftaincy matter in Kano. In any case, the allegation of infringement of the fundamental rights of the Applicants is an ancillary claim to the substantive reliefs emanating from the deposition and reinstatement of the embattled emirs.”

In FCMB Plc v Nyama (2014) LPELR-23973 AT 19-20, the Court of Appeal held that: “Now it is settled that where an application is made under the fundamental Right (Enforcement Procedure) Rules, a condition precedent to the exercise of the court’s jurisdiction is that the enforcement of fundamental rights of the securing of enforcement thereof should be the main claim and not the accessory claim. Where the main or principal claim is not the enforcement of fundament right, the jurisdiction of the court cannot be properly exercised under Fundamental Rights (Enforcement Procedure) Rules.”

A Federal High Court in Kano last week ruled that it has jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.

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The court issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until a substantive suit against the reinstatement is resolved.

The order also opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a bill previously passed by the state House of Assembly.

Ending his submission, Falana said, “I submit, with profound respect, that section 254(C)(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended has not conferred jurisdiction on the National Industrial Court to hear and determine chieftaincy matters.

“However, a traditional ruler who was deposed by a state governor without fair hearing is not without a legal redress.”

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Benue on fire as gunmen kill APC leader, District Head on their farms

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An All Progressives Congress (APC) youth leader from Apa Local Government Area, Comrade Jerry Jeremiah, and the District Head of Odugbeho in Agatu LGA, Chief Adejo Anthony Denison, both of Benue State, have been killed by gunmen while working on their farms.

The incident happened on Wednesday along the Otukpo-Otobi-Akpa Road in Otukpo Local Government Area,.

The victims were said to be carrying out farming activities when they were attacked by the assailants.

Eyewitnesses disclosed that the farmland, although located in Otukpo LGA, is widely leased by people from surrounding areas, including Agatu, for agricultural use.

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The killing took place just a day after another APC chieftain and six other individuals were murdered in separate attacks across Gwer East and Makurdi LGAs.

Chairman of Agatu LGA, Mavis James Ejeh, confirmed the death of the traditional ruler during a phone interview with journalists.

“Chief Tony Adejo was killed while working on his farm in Otobi by armed men. Despite this tragic incident, Odugbeho remains calm. We urge our people not to take the law into their own hands,” Ejeh said.

He advised residents of Agatu to exercise caution and work closely with security agencies, particularly when farming outside their local government area.

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Reacting to the incident, former Vice Chairman of Agatu LGA, John Ikwulono, and a former government official, Olikita Ekani, expressed deep grief, describing the slain leaders as committed and influential figures in their communities.

As of the time this report was filed, the Police Public Relations Officer for the Benue State Command, CSP Catherine Anene, said she had not yet received an official report on the killings.

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Experts say helicopter firm may face criminal charges over Herbert Wigwe’s death

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Aviation industry operators and experts have confirmed that the operators of the helicopter that killed Herbert Wigwe, the former Group Chief Executive Officer of Access Holdings Plc, along with his wife, son, and three other people in February 2024, may soon be charged with a crime in the United States.

Nigerian aviation experts said the US government will likely charge Orbic Air with criminal negligence. Photo Credit: Herbert Wigwe Source: UGC On February 9, 2024, the Airbus EC130B4 helicopter, which was flown by Orbic Air, LLC.

The incident claimed the lives of two pilots, Wigwe, his wife Doreen, their first son Chizi, and former NGX Group Chairman Abimbola Ogunbanjo.

The primary causes of the incident, according to the US National Transportation Safety Board’s final report, were “pilot disorientation” and a breach of flight procedures, particularly the decision to operate under visual flight rules in instrument meteorological conditions.

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Another possible cause of the tragedy was identified as a malfunctioning radar altimeter that had been detected during a repositioning flight earlier that day. Nigerian aviation experts now predict that the US government will likely charge Orbic Air with criminal negligence before a judicial panel of inquiry.

After reviewing the case, the panel would decide how much the helicopter firm would be held liable for and what penalty it would face.

Capt. Muhammad Badamasi, a former pilot with the now-defunct Nigeria Airways, told The PUNCH that the state was the plaintiff and the helicopter firm was the defendant, stating that the case was already in court.

He said, “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resultant deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.”

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Badamasi emphasised that the United States would handle any legal proceedings, adding that interested parties could include representatives from the Nigerian Civil Aviation Authority, the Nigerian Safety Investigation Bureau, the Federal Aviation Administration, and the National Transportation Safety Board. Badamasi also highlighted that the case might mark a turning point for regulatory enforcement in private charter operations, both domestically and abroad, as judicial scrutiny increases.

Similar opinions were expressed by Capt. Ado Sanusi, a retired pilot and current managing director of Aero Contractors, who stated that the state would pursue legal action following the submission of the accident investigation body’s findings regarding the incident’s underlying cause.

The US is expected to pursue legal action following the submission of the accident investigation findings. Photo Credit: Access Bank Source: UGC He said, “Once the investigation report is out, the next step lies with the appropriate legal authorities. If negligence is established, it is within their jurisdiction to act accordingly. The role of the aviation industry ends with identifying the cause.” Chris Aligbe, another industry expert, stated that the case would be tried under US law and that negligence cases are no longer treated lightly in the aviation sector worldwide. He said, “Before now, issues like this happened and the masterminds got away with it, but not anymore, things are changing.

The root cause will be determined and prosecuted in accordance with the law of the land.” Report explains real cause of Herbert Wigwe’s helicopter crash Legit.ng reported that the full report from the U.S. National Transportation Safety Board (NTSB) on the February 2024 helicopter crash that killed Herbert Wigwe, the former Group Chief Executive Officer of Access Holdings Plc, and his family members has been made public.

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Abimbola Ogunbanjo, the former group chairman of Nigerian Exchange Group Plc, Wigwe, his wife Doreen, and their son Chizi were among the six individuals killed in the February 9, 2024, collision near the California-Nevada border. According to the report, investigators determined the “probable cause of this accident to be: the pilot’s decision to continue the visual flight rules flight into instrument meteorological conditions, which resulted in the pilot’s spatial disorientation and loss of control.”

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Count me out of ENDSARS killings in Lagos’, – Nnamdi Kanu

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By Kayode Sanni-Arewa

Nnamdi Kanu, the detained leader of the Indigenous Peoples of Biafra (IPOB), has denied any link to destruction that trailed the #EndSARS protest in October 2020 was triggered by his radio broadcast.

At the resumption of the hearing on Thursday, the video of the interrogation session of the IPOB leader was played in the court.

In the video, Kanu admitted that he made some pronouncements in respect of the #EndSARS protest and other issues via Radio Biafra.

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But the IPOB leader said violence witnessed during the #EndSARS protest in Lagos was outside the south-east geopolitical zone.

He added that his radio broadcast could not have resulted in the violence in Lagos.

Kanu said he was not directly involved in the day-to-day running of both organisations — IPOB and Eastern Security Network (ESN).

He added that the organisations were managed by states’ coordinators.

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The IPOB leader said he did not have authority over the members of the organisations.

Kanu said he would not have subscribed to a referendum for secession if he had authority over the members.

The IPOB leader denied that the group is responsible for the violent attacks and killings in the south-east zone.

He said ESN was established to stop the killings of people in the south-east zone.

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Led in evidence by Adegboyega Awomolo, counsel to the DSS, the witness said the radio broadcast of the IPOB leader led to the killings of eminent Nigerians, including security officers.

The DSS operative said Kanu’s broadcast led to the killing of Stanley Nnaji, a retired judge, and Audu Lucas and Glory Matthew, an intending military couple, in the south-east zone of the country.

The witness said in one of Kanu’s broadcasts, he ordered his followers to enforce a sit-at-home order in the south-east and kill those who disobeyed the directive.

The DSS official said the broadcast also led to the killing of Ahmed Gulak, a former presidential aide to ex-President Goodluck Jonathan.

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The witness said investigation revealed that before Gulak was killed, those enforcing the sit-at-home directive blamed him for coming out the day their leader instructed everyone to stay indoors.

After the witness completed his testimony, Paul Erokoro, the defendant’s lawyer, sought an adjournment for the cross-examination of the DSS operative.

The judge adjourned the matter to May 14, May 21 and May 22 for further hearing.

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