Tag: Lawyer

  • CP Orders Investigation Into Alleged Police Harassment of Lawyer In Kogi

    CP Orders Investigation Into Alleged Police Harassment of Lawyer In Kogi

    From Noah Ocheni, Lokoja

    The Kogi State Commissioner of Police, Edward Egbuka, has ordered for an immediate investigation into alleged reported case of harassment of a lawyer by police officers in the state.

    The CP gave the order on Tuesday in a press release signed by the command’s spokesman, SP William Ovye-Aya.

    Our correspondent recalls that there were media reports of a lawyer, Kingsley Nnonye, who was allegedly threatened by police officers on patrol duty at Irapana, along Okene highway.

    Egbuka expressed surprise over such an incident in his domain after he had sounded serious warning against human rights violation and public harassment on his assumption of duty in Kogi State.

    The statement stressed, “In fact, when I assumed office barely one month ago, I vowed not to tolerate any human rights abuses like the one that allegedly happened to that lawyer.”

    “I strongly warned officers of the command in Kogi that on no no account should any Officer be caught in such an inhumane act because, he or she will be dealt with accordingly.”

    Egbuka, however, lamented that Nnonye, being a lawyer, didn’t deem it wise to first report the matter to the appropriate authority, but chose to go to the media instead.

    The police boss passionately appealed to the media to always hear from both sides of the divide to balance their story in accordance with the tenets of the law before publishing it.

    According to him, the command is doing all it can to establish contact with Nnonye and enjoined him to reach out to the command to help in the investigation of the alleged harassment.

    Hr added: “I want to assure Mr Nnonye that any of the officer(s) found wanting in the investigation will be seriously dealt with.”

  • Lawyer speaks on why Igboho’s detention was extended

    Lawyer speaks on why Igboho’s detention was extended

    There were more facts on why the detention period of Yoruba Nation activist Sunday Adeyemo (popularly known as Sunday Igboho) was extended by six months.

    His lawyer Olusegun Falola told The Nation, that the law in Benin Republic stipulates that anyone standing trial over criminal matters should not stay longer than six months in custody unless the incarceration is extended by another six months.

    Falola explained that the practice is to allow investigating authorities the necessary time to do their job properly before the case is decided. He, however, clarified that there was no criminal charge against him and no extradition request from Nigeria so far.

    He said a preventive detention like that of Igboho is meant to keep accused persons in custody before trial on the assumption that releasing them would not be in the society’s best interest – since there is the likelihood that the accused would likely commit more crimes if released in the course of the trial.

    The lawyer, who said his team has done everything within the ambits of the law to get reprieve for the embattled Yoruba Nation agiator, concluded that there is more to Igboho’s trial than meets the eye. It is a political trial, he said yesterday.

    He said: “In this country (Benin Republic), anyone that is answering criminal charges and whose trial is yet to be decided can only stay in custody for six months. The incarceration will need to be extended every six months if the case is still pending – up to maximum of five years. That is our law.

    “We have done everything so that he can be released but the government has not granted our request. There’s no criminal charge or offence or any evidence of any crime against him. They just want to keep him in custody. May God help us. We have done everything under our laws, but they are still holding on to him.”

  • Sunday Igboho surrendered himself, can’t be arrested – Lawyer

    Sunday Igboho surrendered himself, can’t be arrested – Lawyer

    Pelumi Olajengbesi, lawyer of Oduduwa Republic agitator, Sunday Adeyemo, also known as Sunday Igboho, has disclosed how his client was arrested.

    Olajengbesi disclosed that Igboho was not arrested; he surrendered himself to security agents.

    The lawyer said the freedom fighter surrendered himself because he believes in justice for his people.

    “Truly he was arrested and I have confirmed that. We are making efforts to ensure that he is fine. You know the Department of State Services declared him wanted.

    “As a matter of fact, let me tell you now. That Sunday Igboho was arrested simply because he wanted to make himself available to the government. If not, Sunday Igboho is not someone who can be arrested that way. But because he believes that the journey to justice for the Yoruba people and for the Nigerian state to be able to live in peace may be needed for him to be available, that was why,” he told newsmen on Tuesday.

    Igboho was arrested by security operatives in an airport in Cotonou, Benin Republic, while trying to flee to Germany.

    Efforts are said to be ongoing towards repatriating him to Nigeria.

    The Department of State Services, DSS, had recently declared Igboho wanted, after his residence in Ibadan, the Oyo State capital, was invaded.

    Some of his aides were killed while others were arrested. The secret police also claimed to have recovered guns and charms from Igboho’s residence.

    However, the freedom fighter had debunked DSS claims on weapons.

    He maintained that he protected himself with traditional powers and not with weapons.

  • Lawyer files suit against firm, 3 others for breaching rules, regulations

    Lawyer files suit against firm, 3 others for breaching rules, regulations

    A lawyer, Mr Obiezu Nwachukwu, of Dynamic Option Chambers, Suite F37, Melita Plaza, Area 11, Abuja, has filed a suit in the Enugu State High Court, against SEFORP2023 Multipurpose cooperative society limited for breaching rules and regulations guiding the firm.

    Others in the originating summon marked suit No. E/727/2020 are commissioner of Human Capital Development and Poverty Reduction Enugu state, the Directorate of Cooperative Societies Enugu state and Rev. Okechukwu Obioha of No 28 Nanka Street, New Heaven Enugu State.

    The plaintiff had alleged that the defendants were all engaging in the participation of political activities, a situation he said was contrary to the provision of the law regulating cooperative societies in the state.

    The plaintiff is asking the court to determine whether it was legal going by the combined provisions and proper interpretation of sections 2(1A and B), 5(1), 6(1A), 11(2) and 57 of the Nigerian Cooperative Societies Act.

    He is asking the court to determine going by the provisions of section 3(1) of the bye-laws of the third defendant, if the third defendant can lawfully engage in political activities, with respect to the declaration of Southeast presidency in 2023, as being and published via several media by the third defendant.

    Nwachukwu is also asking the court to determine whether the engagement and participation in political activities by the third defendant was not against the intents and purpose of the creation or registration of the third defendant as a cooperative society by the provision of the law.

    According to him, whether by virtue of the registration of the third defendant as a cooperative society in Enugu, with the limited number of members as cooperative society in its registration form, the third defendant has the legal capacity or can lawfully engage, undertake or organize political rallies.

    He is praying the court to determine whether by the provision of the law regulating the society, it can organize a political conference for the southeast presidency in 2023 for the benefit of all the southeast indigenes.

    He is also praying the court to determine whether by the engagement of political activities of the third defendant, contrary to cooperative societies act and the bye-laws, the first and second defendants were not empowered to cancel the registration of the third defendant as a cooperative society.

    He is also praying that, having registered the third defendant as a cooperative society, under the Nigerian cooperative society’s act, if the fourth defendant can lawfully use the registered name, in any form for any political purposes.

    Meanwhile, the lawyer had sought for a declaration of the order of the court that the conducts of the third and fourth defendants were fraudulent using the third defendant and engaging it in political activities as it affects and relates to the presidency of the Federal Republic.

    He also sought for an order to declare that the interest of the southeast 2023 which the third and fourth defendants were fighting for was in contravention of the Nigerian Cooperative Societies Act under which the third defendant was registered by the first and second defendants and by the bye-laws

    He is also calling for an order to declare the activities of the third and fourth defendants as null and void and of no effect of whatsoever and a declaration that by virtue of the registration of third defendant as a cooperative society, the third defendant has no powers or legal standing to meddle into politics.

    He is also praying for an order of the court to declare that the third defendant was only limited to advocate for the welfare of its members alone, and has no legal capacity to advocate for the southeast presidency in 2023 for all the indigenes of the southeast states of Nigeria.

    He is also praying for an order that by the virtue of the registration of the third defendant and by its bye-laws, the entire indigenes of southeast region were not members of the third defendant and that the third defendant as a cooperative society has no legal capacity, to convene, invite, organize in any form political meetings.

    Nwachukwu is also praying for an order of perpetual injunction restraining the third defendant or its agent, from participating in any form or manner, in any political activities, whatsoever, either in Enugu or Nigeria as a whole, for the southeast presidency in 2023.

    He is also praying for an order of perpetual injunction restraining the third defendant or its agent from convening any political meetings or any meetings whatsoever for the discussion or deliberations as it affects the southeast indigenes and the southeast presidency in 2023.

    He is also praying for an order of the court to declare that all meetings, conferences, decisions, communiqués, reached or taken by virtue of meetings convened by the third defendant who is registered in respect to southeast 2023 are illegal, unconstitutional.

    Also with an order nullifying and invalidating every steps taken, decisions reached, by virtue of any meetings, conferences, or seminars convened by the third with respect to southeast presidency in 2023.

    He is also praying for an order of injunction restraining the fourth defendant or its agent from using the acronym SEFORP2023, or the name South East for President 2023, for the purposes of projecting the presidency of the Federal Republic of Nigeria in 2023 for the Southeast of Nigeria.

    He is also praying for an order of the court directing the first and second defendants to deregister or cancel the registration of the third defendant as a cooperative society, under the Nigerian Cooperative Societies Act and for such further order the court may deem necessary.

  • Lawyers urge KDSG to release inmates with minor offences to curb COVID-19 spread

    Lawyers urge KDSG to release inmates with minor offences to curb COVID-19 spread

    Some Kaduna-based lawyers on Monday urged the state government to consider releasing some inmates in order to decongest the Correctional Service formations in the state.

    Speaking with our correspondents in Kaduna, the lawyers said this was necessary because people in detention were particularly vulnerable to COVID-19 outbreak.

    READ ALSO: COVID-19: 20 Million Jobs Under Threat In Africa; Says AU

    Mrs Linda Joseph, a lawyer, said the transmission of diseases in overcrowded facilities is rife, thereby placing the lives of both prisoners and staff at risk.

    Joseph said prisoners live in confined conditions with others for prolonged periods and their hygiene and healthcare are therefore difficult to assess in detention centres, especially during a pandemic.

    “There are inmates with minor offences and there are others in the prisons who cannot afford the bail conditions. So, the state government should consider such inmates and release them.

    “These proposed measures are not new. For several years, countries have been encouraged to reduce prison populations and now with COVID-19 spreading fast, these measures need to be considered,” she said.

    Joseph urged governments to take urgent steps to reduce prison populations, protect people in places of detention, and prevent uncontrollable outbreaks.

    Another lawyer, Mukhtar Babanyaro, said releasing inmates with minor offences or those whose release dates are near would be a good step by the state government.

    He said this would help to decongest correctional centres and avoid the spread of COVID-19.

    Babanyaro said correctional centres were particularly vulnerable to the spread of infectious diseases like COVID-19 as inmates live in close quarters with lean resources for proper hygiene.

    He stated that some countries have started recording some COVID-19 cases in their correctional facilities.

    “A place like Louisiana in the U.S. had three incarcerated people who have already died from COVID-19 and at least 30 people, including staff, have tested positive,’’ the lawyer said.

    Babanyaro noted that, with this development, some countries have gradually started to take action to decongest their prisons.

    He added that countries like Ethiopia had pardoned more than 4,000 prisoners whose release dates were near or had been given sentences of less than three years for minor crimes.

    “Iran also released over 85,000 prisoners, while France’s Ministry of Justice is asking for short-term prison sentences to be delayed, reducing the number of new prison admissions from 200 a day to 30.

    “And, Ghana recently granted amnesty to over 800 prisoners, most of whom are first-time offenders.’’

    Babanyaro further urged state governments to review cases of people in detention and release those held in pre-trial detention, particularly those detained for minor or low-risk offences.

    He noted that individuals sentenced for minor low risk offences, particularly those who have 18 months or less remaining of their sentence to serve, should be freed.

    Also speaking, another lawyer, Linda Ejiofor, said correctional services needed to ensure that the human rights of those in their custody were respected.

    “The inmates should not be cut off from the outside world, and most importantly they should have access to information and adequate healthcare provision,” she said.

    According to her, in correctional services, inmates share everything from cells to showers to dining spaces and that makes them more vulnerable to the spread of infectious diseases like COVID-19.

    “Once the virus is there, it will spread like wildfire because there is basically no way in the crowded conditions that exist in current jails and correctional centres they can implement social distancing,” she said.

    Ejiofor further said in spite of resources being stretched, protective measures should be put in place so that those in detention could still receive access to legal advice and representation.

    She added that where this was not possible in person, prisons should provide for unfettered, free access to confidential telephone lines to contact lawyers.