Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Wednesday, August 10, 2011

Bills Signed into Law in Lagos State!


By virtue of one of the Bills recently signed into Law by Governor B.R. Fashola, it is now an offence for a man to impregnate a woman and thereafter desert  her!

Other Bills signed into Law include amendments to provisions of the Emergency Management Agency Law,  Criminal Justice Administration in the Courts, Rules on criminal conduct. While assenting to the Bills, Fashola said the various amendments to the laws were needed in order to tackle the problem of crime and delay in administration of justice in Lagos State.

The Criminal Code used in the State was enacted as far back as 1914! O yes. It is an old Law and the need to amend it can not be over emphasized. While I want to appreciate the efforts of the Lagos State Government, I would like to say that the effectiveness of these Laws (particularly the one that affects the deserted woman) rest more on ENFORCEMENT!

Thursday, May 6, 2010

Mourning the President!

Finally, President Umaru Yar'adua has gone to rest.

News has it that he died yesterday after a prolonged battle with a heart ailment.

The Acting President, Dr. Goodluck Jonathan will now be sworn in as the President of the Federal Republic of Nigeria.

Yar'adua is the fifth Nigeria ruler to die while in power.

Rest in peace Yar'adua.

God Bless Nigeria! Long live the Federal Republic in Nigeria!

Thursday, April 29, 2010

Iwu is OUT!

Professor Maurice Iwu is no longer the Chairman of Independent Electoral Commission (INEC). I call him Maurice Law because "Iwu" means Law in the Ibo Language!

Yesterday, the news had it that Dr. Goodluck Johnathan, the acting President of the federal Republic of Nigeria, sacked the Chairman of the Independent Electoral Commission (INEC). Prof. Maurice Iwu was asked to commence a "pre-disengament" leave. This must have come as a rude shock to Maurice Law whose tenor as INEC Chairman was due to terminate at the end of June 2010.

Before his removal, Prof. Maurice Iwu presided over the last election in 2007. This election was regarded as one filled with all forms of fradulent activities. That election was not 'free and fair'. Nigerians had been calling for his removal. Well now he is out!

I pray that the next INEC Chairman lives up to expentation and conduct a free and fair election in Nigeria come 2011!

Tuesday, March 2, 2010

Eating out!

Food business is definitely a very good and lucrative business. This is because, no matter what, people MUST eat! At some point, we have eaten out, even if it is not in the beautifully furnished food outlets. In Nigeria, there are local joints, popularly known as "bukas". There are several bukas in Lagos, even in the high class areas, and these joints enjoy great patronage from executives to clerks. Another local joint is the beer parlour, where "isi ewu" (a local dish made from goat meat) or cat fish pepper soup are served with the beer.

How many times have we stopped to wonder the source of that food we eat outside our homes? Have we ever seen how the food we eat is prepared? Have we ever imagined how these food or ingredients are preserved? How clean or healthy is the food you eat, particularly outside your home?

The National Agency for Food and Drug Administration (NAFDAC), the regulatory body for food and drug matters in Nigeria had been visiting ALL fast food joints in Nigeria, with a view to ensuring compliance with the Good Hygienic Practice.

This recent activity which commenced October 2009, is a welcome development, considering that in the past, NAFDAC paid more attention to drugs and cosmetics. So far, the mighty hand of NAFDAC had fallen on some big players in the fast food business for carrying out their business under "unhygienic conditions". The first was Sweet Sensation. According to the news, the NAFDAC inspectors were shocked to discover that the source of water for the outlet was a borehole located close to an underground concrete sewage . . .

Hmmmm! Then some weeks ago, another fast food outlet was sealed. This time around, it was Tetrazzini. The vivid description of the entire premises made me sick. Imagine storing "fresh fish in deep freezers that were not properly functional. . ." or water pipes "leaking with algae growth and cobwebs around them . . ."

NAFDAC, please continue this exercise. Pay surprise visits to these outlets and please continue to make your findings public.

Thursday, February 25, 2010

Who has seen Yar'Adua?

Although Yar'Adua came in the dark, it is now an open secret that he is in Nigeria. This is further butressed by the statement issued by the Special Adviser to the President on Media and Publicity, Mr Olusegun Adeniyi. In the said statement the Special Adviser said Yar'Adua returned to the Presidential Villa, Abuja early Wednesday morning after being discharged by the team of medical experts overseeing his treatment in the Kingdom of Saudi Arabia. However NO ONE has SEEN the President since his purported dark "arrival". Even the acting President has not set eyes on the President!

After the "medical holiday", the number one citizen returned unceremoniously. Even the Minister for Information was not informed about his arrival. She said she heard of his arrival from CNN. Can you imagine that? With the return of the President, the Country has been thrown into another state of chaos and confusion. What an irony!

The most honourable thing to do (I hope) is for the President to step aside and let his vice continue acting. Anyway, the Special Adviser to the President on Media and Publicity said in a statement thus:

President Yar'Adua is grateful to the Vice President, Dr. Goodluck Ebele Jonathan, for competently overseeing the affairs of state in his absence.

The President also wishes to thank the President of the Senate, the Speaker of the House of Representatives, the entire membership of the National Assembly, the Governors' Forum, and the Judiciary, the Armed Forces and other security agencies, former heads of state and other eminent Nigerians for their roles in maintaining order and stability during his absence.

President Yar'Adua wishes to re-assure all Nigerians that on account of their unceasing prayers and by the special grace of God, his health has greatly improved.

However, while the President completes his recuperation, Vice President Jonathan will continue to oversee the affairs of state.
Nigerians deserve to know better! Nigerians wish Yar'Adua well. Nigerians wish Yar'Adua quick recovery, but that does not mean Nigerians should be taken for granted! The health status of the President MUST be made public. This is a democratic setting for crying out loud! The office of the President is more important than the person elected to that office! Is the President "fit and proper" to rule this great Nation?

This charade MUST stop! Haba! For how long will the Country be in the dark? What is going on? Nigerians deserve to know! Nigerians have the right to know!

Long live the Federal Republic of Nigeria!

Wednesday, February 24, 2010

The return of Mr. President!

Yar'Adua is back!

Just like that! About three months ago, Yar'Adua left the Country for medical treatment (without following due process). Now 93 days after he left the Country, Mr. President returned to the Country, just like that! It was reported that he arrived at the Presidential wing of the air port in Abuja at the wee hours. Hmmmm! Why was his arrival calculated in such a manner? Why did he come in the dark? Why was there an ambulance waiting for him at the airport? Why were journalists prevented from seeing him? Why were the floodlights on the tarmac dimmed? These are questions that should be answered! In answering these questions please let us remember that the office of the president is more important than the person of the president. How long will this hiding game continue?

Well I guess that with the "arrival" of Yar'Adua, Goodluck, the Acting President will "step aside" and leave the office for the President. Right?! Okay! He is expected to inform the Senate in writing of his arrival before Goodluck stops acting. Yeah. That was the content of the Resolution passed to empower Goodluck as Acting President. Well, until the Senate receives that letter, Goodluck will continue to "act".
Meanwhile the Saudi bound team were able to give the Saudi King the "appreciation letter". Like the teams before them, they were unable to see the President! Well, that has been over taken by the recent events. The drama is still unfolding. Nigerian are watching keenly!

Well, welcome back Mr. President! We wish you a speedy recovery!

Thursday, February 18, 2010

Another Team to Saudi Arabia as Aondoakaa faces more trouble

The Federal Executive Council has set up a six man panel to visit Yar'Adua in saudi Arabia. Tax payers money in action!

Imagine, they have set up another team to go visit Yar'Adua in Saudi Arabia! This would not be the first team/delegation sent to Saudi Arabia to ascertain Yar'Adua's state of health. Governors, "close aides", delegation from the ruling party PDP, delegation from the House of Representatives and even the Sultan of Sokoto have all been to Saudi Arabia  to see the ailing President. They all returned with the same message - they did not see the President! Members of this new team are:
1. The Secretary to the Government of the Federation - Yayale Ahmed
2. The Minister for Health - Babatunde Oshotimehin
3. Minister for Foreign Affairs - Ojo Maduekwe
4. Minister for Petroleum Resources - Rilwanu Lukman
5. Minister for Justice and Attorney General of the Federation - Adetokunbo Kayode (SAN)
6. Minister for Agriculture -  Sayyadi Abba Ruma

Well, I wish them a safe trip to Saudi Arabia and back. If they return with a different report (ie that they were granted access to the President), then that will be a big plus. Read full story here.

More trouble seem to be brewing for the embattled erstwhile Attorney General of the Federation, Mr. Mike Aondoakaa. The purported apology letter he wrote to Prof. Akunyili has been rejected. Akunyili said the apology was not acceptable on the grounds that it was not clear. She wants him to clear all ambiguities contained in the said letter. Please read the full letter here.

PS- I have been trying to add pictures to this post without luck! Is it just me, or its a general problem with blogger? Help please!

Friday, February 12, 2010

Aondoakaa, now Minister for Special Duties!

It is no longer business as usual for Michael Aondoakaa (SAN). The first thing the newly appointed Acting President, Goodluck Jonathan did was to redeploy Aondoakaa. The Acting President moved Aondoakaa from the prestigious office of the Attorney General to the Special Duties Ministry. The new Attorney General and Minister of Justice is Prince Adetokunbo Kayode (SAN), who was the Minister of Labour and Productivity.

When the former AG was asked how he felt, he said:  
"Well I am in the government, in the cabinet and I pledge my loyalty to the Vice-President. I'm the Minister of Special Duties." 
He even added that he has no regret for all his past actions because
"every single action I took was in the interest of this country. No attorney-general worth his salt will go to the pages of papers and say there is a vacuum."  

He was (is) very loyal to the ailing President. He even said Yar'Adua can rule the country from anywhere in the world, including a sick bed in a hospital in Saudi Arabia! Yes. Aondoakaa said so. This statement attracted criticisms from Nigerians. Some were even asking if Aondoakaa actually passed through the Law School.

Just last week, Aondoakaa shouted Prof Akunyili down when the later presented a memo to the Executive Council, asking that VP be sworn in as President. He said Akunyili  trying to make herself an angel and a cheap hero. He added that she (Akunyili) should "go and confront herself with what happened in NAFDAC." The question now is what happened in NAFDAC? Aondoakaa, please tell us what we do not know. Remember, he who assert must prove.

Anyway, in an attempt to right his wrongs, Aondoakaa wrote an apology letter to Akunyili stating amongst other things that he was quoted out of context. At least he had retracted the libelous statement and apologized to Akunyili. I'd say Aondoakaa is playing his politics well. Akunyili please forgive him for he acted under duress. Meanwhile enjoy your new portfolio Mr. Aondoakaa, M. (SAN).

Meanwhile the team delegated by the House of Representatives to visit the ailing President in King Faisal Hospital, Jeddah, Saudi Arabia were denied access to their President! Well it was worth trying. I believe they knew they won't be granted access to see the ailing President, knowing that other top players (including the Sultan of Sokoto and the PDP National Working Committee) have been denied access to the President. The First Lady, Turai Yar'Adua determines who can see her husband!




I am still trying to get an appropriate title for this home video! Any suggestions?

Long Live Nigeria!
Nigeria o ni baje o!* (Nigeria will not rot! )

Wednesday, February 10, 2010

Acting President for Nigeria!


The Vice President of the Federal Republic of Nigeria, Dr. Goodluck Jonathan has been empowered by the National Assembly to step into the "shoes" of the ailing AWOLed President, Yar'Adua. The Senate President, Mr. David Mark said the telephone interview aired on the BBC served as the notification needed to allow Mr. Vice act as President. So based on the "telephone conversation" yesterday, the National Assembly passed a resolution empowering Vice President, Dr. Goodluck Jonathan to assume power as the acting President, pending the return of the ailing President Yar'Adua. The Senate added that the moment they receive a "letter" from Yar'Adua informing the Senate that he (Yar'Adua) is back to the Country, then Goodluck will cease to act as President.

With all due respect to the "law makers", that is NOT the right way to go about it. The Senate has no power to confer power on the Vice-President to act as President! The applicable Latin maxim here is nemo dat qui non habet. Simply put, this phrase means "he who has not cannot give". That is, you cannot give what you do not have.

The Law is very clear on that. The 1999 Constitution is very explicit. Section 144 of the Constitution is to the effect that the President or Vice-President shall cease to hold office on the following grounds:
1) A declaration is passed by the Federal Executive Council (which is made up of all ministers, who incidentally were appointed by the President) stating that the President or Vice-President is incapable of discharging the functions of his office.

2) After this declaration is passed, it has to be verified by a medical panel comprising of 5 medical practitioners, appointed by the Senate President. The personal physician of the President shall be a member of the medical panel.

Sections 144 (2)&(3) state thus:
(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.


Now, that is the LAW! The National Assembly, in my opinion, erred in law by empowering the VP with the Presidential powers.

The BBC conversation relied on by the National Assembly IS NOT the requirement as enshrined in the 1999 Constitution. That conversation does not meet the requirement as set out in section 145 of the Constitution.

Long Live the Federal Republic of Nigeria!

Thursday, February 4, 2010

73 days and still counting . . .

Fact: The President is ill.
Fact: The President has been away for 73 days today.
Fact: Most Ministers have not "spoken" to the President.
Fact: Nigerians are worried about the prolonged silence surrounding the prolonged absence of the President.
Mr. President is still at large!

Some days ago, a Federal High Court Judge, in fact, the Chief Judge of the Federal High Court, Dan Abutu, gave the Federal Executive Council a 14 day ultimatum to decide whether the President was still capable of ruling the Nation or not. As a result of that Court Order, on the 27th of January, the Executive Council unanimously passed a resolution that only the President of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar’Adua could determine whether he is fit to remain in office.

It is a known fact that Nigeria has an ill President. It is also a known fact that Nigerians are praying for Yar'Adua to get well FAST! But for crying out loud, how long can we stay without a President in Office. Yes, the various Ministers and other politically minded individuals are currently manning the affairs of the Nation, but for how long?

For the records, when this guy, Mr. President, was Governor of Katsina State, news had it that he would go AWOL for months and when he does resurface, it's business as usual. Is that the same thing happening now? There had been so many rumours surrounding his disappearance from office. Some say he is dead. Some say he is brain damaged. Suddenly, there was a televised telephone conversation between Yar'Adua and a BBC correspondent. Sincerely, when I heard the shaky voice on BBC, I said thank God Yar'Adua is still alive. . . at least that will douse the rumours going on! I was so relieved that at least the nation will not be thrown into a state of chaos. Even with that, people were not still convinced. There was a general doubt that the voice was not Yar'Adua's. Some even said, it was a technological trick!

Now it is exactly 73 days since the President travelled AWOLed to Saudi Arabia for medical treatment. The Federal Executive Council still believes he is fit and proper to continue as President! Right now, the President can not carry out his duties as a President, therefore he is INCAPACITATED. Although the Executive Council has not been confirmed that he is “permanently incapacitated”, how long would a Nation should stay without its President? Our leaders are simply playing politics with us. No one is speaking out.

The Constitution of the Federal Republic of Nigeria has made adequate provisions on steps to follow when the President is unable to perform his duties as President. Sections 144, 145 and 146 of the Constitution of the Federal Republic of Nigeria provides thus:

144. (1) The President or Vice-President shall cease to hold office, if -
(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-
(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

145. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.

146. (1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

(b) by his assumption of the office of President in accordance with subsection (1) of this section; or

(c) for any other reason,

the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

Yar'Adua is an "advocate" of the "rule of law". Why can't the Law be respected now that it directly concerns him? When he was sworn into office as President of the Federal Republic of Nigeria, Yar'Adua swore to an oath of allegiance to obey the letters and the spirit of the 1999 Constitution without fear or favour and to also promote peace and accord in Nigeria.

The first option under Section 144 of the Constitution has been explored, what about the second option? The Senate President should set up a medical panel in accordance with the provisions of the Constitution to verify the "declaration" of the Executive Council.

The latest development now is that the Minister of Information and Communications, Prof. Dora Akunyili has finally spoken. The news has it that Akunyili submitted a memo to the Executive Council to "prevail on Yar'Adua to hand over to the Vice-President." Hmmmmm! With this development, Akunyili has become the "lone voice" in the Federal Executive Council and as a result, she was shouted down by the pro-Yar'Adua Ministers! What a way to advocate freedom of speech in a democratic setting!

In addition, the "media" owners have given an ultimatum to the President to take "the honourable path and spare the nation the on-going political confusion."

As for now, we’ll continue to do “sidon look”, when the home video finish playing, we’ll give credits where necessary!

Nigeria we hail thee! Long live the Federal republic of Nigeria!

Wednesday, January 13, 2010

Much Ado About Yar'Adua!

Citizen A: Did you hear that Yar'Adua spoke to a foreign media yesterday?

Dee: Yes. I listened to the conversation as played on BBC yesterday morning. His voice was dull and shaky.

Citizen A: How are you sure that call was made by Yar'Adua himself? You know say these oyinbo people can do and undo!

Dee: Hmmm!

Citizen A: Yes O! Remember that there was news that said Yar'Adua is brain damaged!

Dee: Yes. I guess he chose to prove them wrong! Someone with a damaged brain can not talk. Or can they talk?

Citizen A: I no know o! But sha, I am not happy that he chose to talk to a foreign media house. Haba! Why did he not talk to NTA, VON or even Channels? It shows that he (Yar'Adua) has no regard for us. He does not believe in us.

Dee: Why are you talking as if you are not a Nigerian. No media house in Nigeria was granted audience in the first place! Even if they were granted audience, they will tread with "extra" caution so as to avoid been sealed!

Citizen A: The whole thin tire me jo!

Dee: Me too I tire! But wait o. Should we be bothered on his choice of media house? I do not care how he breaks the silence, the only thing I care about is for Peace to reign in Nigeria. You know his absence has generated a lot of concerns. It is not news that the guy has serious health challenges. You know what? As an individual, I pity him. Infact I feel sorry for his wife right now. She must stay strong.

Citizen A: I hear that your colleagues have sued him.

Dee: Wrong! My "colleagues" instituted an action in Court to compel the President to do the needful. The Lawyers are seeking an injunction to compel the President to hand over to Jonathan. As it is now, Jonathan CAN NOT ACT!

Citizen A: Okay! So that is it. So what next?

Now let me do a proper post on this issue.

For the past 50 days plus, the President of the Federal Republic of Nigeria has been AWOL. Yes. AWOL because due process was not followed before the President left the Country for "medical treatment".

For the first FORTY days while the President was away, the main question the average Nigerian asked was where is Yar'Adua? Some politicians were clamouring for the "ailing" President to resign. Others said the Vice President can not act in his place because there was no such instruction for the VP to act upon. True.

There were SEVERAL rumours surrounding the disapperance or should I say AWOLness of the President. Some quarters said he was on a life support machine. Others said he was brain damaged. Yet some others said he was dead! Infact the American Chronicle posted on the web that Yar'Adua died as far back as the 10th of December 2009! Infact, the rumour that he was dead generated a lot of "side" talks. Thankfully, the former Governor of Abia State, Oji Uzor Kalu told the Guardian newspaper that he spoke with the President on the 31st of December 2009. Meaning, he could not have been dead!

The suspense continued and then, bam! The long silence was finally "broken" by the BBC who reported that the President spoke with a BBC reporter (I guess to prove that his brain was still intact). After the telephone conversation, the song took a new turn! Why did he choose to talk to a foreign media? Why not the Nigerian Television Authority or any other local media group?

ISSUES
1. Whether it was right (constitutionally or morally) for the President to leave the Country for such a long period without following due process?

2. Whether it ws right (constitutionally or morally) for the President to talk to BBC and not the Nigerian media?

MY VIEW
As a citizen of the Federal Republic of Nigeria, the most paramount thing on my mind is the peace and stability of the Nation. At least, we now know he is ALIVE! Whether or not he is on life support! I suggest we deal with him when he returns. He will face the music then.

As a Legal Practitioner, I have a very different opinion on this matter. The RULE OF LAW MUST PREVAIL! Let us follow the provisions of the Constitution as spelt out in Sections 144 and 145.

Long live Nigeria!

Tuesday, September 8, 2009

Rest in Peace Gani


The peoples lawyer, Chief Abdul-Ganiyu Oyesola Fawehinmi, popularly known as "Gani" has passed on to join his ancestors. Gani has gone to rest in the bossom of his creator.

Chief Gani Fawehinmi (SAN), one of the greatest and outspoken lawyers in Nigeria died on Saturday September 5, 2009.

Chief Abdul-Ganiyu Oyesola Fawehinmi (SAN) was a social critic and commentator. He never held anything back whenever he had to address any legal/political/national issue.  He was an activist. He was a human activist who would not compromise his stand on truth and justice.

Whenever Gani sees something "wrong" with the system, he makes sure his voice is heard. He had always been a thorn in the flesh of the Federal Government of Nigeria. There are several law suits instituted by Gani against the Government. Only recently, some weeks to his death, he instituted an action against the current civillian Government. 

As a result of his boldness, the learned SAN (or SAM - Senior Advocate of the Masses) had served prison terms in most Nigerian prisons.

Gani will be greatly missed by all Nigerians! Indeed, no one can ever step into Gani's shoes, the shoes are just too big for any feet to fit into.

Baba sun re O! Baba rest in peace!

Tuesday, May 20, 2008

Hide and Seek Game finally over!

. . . and Aunty Iyabo emerges!
Monday 19/05/08 marked the ‘official’ end to the ‘hide and seek’ drama between the embattled Senator, Dr. (Mrs.) Iyabo Obasanjo-Bello and the EFCC. She reappeared in order to avoid the issuance of a bench warrant for her arrest by the court. Smart move.

While dismissing an earlier application by Obasanjo-Bello challenging the competence of the charges against her Justice Salisu Garuba held thus:
"it is not right for an accused person to stay at home and ask her counsel to represent her in court. I dismiss the application by the 12th accused person that she should not be molested, abused or arrested by security agents. Accordingly, I hold that the preliminary objection by the 12th accused person is incompetent and it is hereby dismissed."

Senator Iyabo Obasanjo-Bello had earlier filed an application asking the Court for an order that she should not be molested, abused and arrested by the EFCC. There was also a Preliminary Objection challenging the jurisdiction of the Court to try her! (If the Court lacks jurisdiction why then was she asking the Court to protect her from the security agents?)

In his Ruling, Justice Garba ruled that the application filed by Iyabo Obasanjo-Bello asking the Court to quash the charges against her on the grounds that the court lacked the jurisdiction to try her (Obasanjo-Bello), was incompetent. The judge said, “It is wrong for an accused person to stay at home and ask her counsel to represent her before the court. Consequently the preliminary objection was dismissed. The Court also dismissed her Preliminary Objection on the ground that it was incompetent.

The order for her to appear before the court on May 21 was however set aside when the court was informed of her presence in court.

Aunty Iyabo was put in the dock and her 2 count charge was read to her. Of course she pleaded not guilty to all charges. Having taken her plea, her Lawyer moved an oral application for her bail.

In his argument, Counsel for the 12th accused (Iyabo Obasanjo-Bello) prayed the Court to grant his client bail based on the fact that the other accused persons are already on bail, and as such the discretion of the court should also be extended to his client. He went on to add that the court should also take into cognisance, the fact that his client is a medical practitioner, a Senator and the first daughter of a former President of this country. Counsel for Obasanjo-Bello concluded his argument by urging the court to grant the 12th accused person bail on personal recognition.

The EFCC Counsel opposed the oral application for bail on the following grounds:

1. Given the ugly antecedents of this case, there are some facts that the complainant would want to bring in respect of the 12th accused person.
2. The court had earlier directed that the 11 other accused persons should come formally for bail, and they obeyed that order and today they are on bail.
The EFCC Counsel added that the fact that she is a medical practitioner, a senator and the first daughter of a former President are not relevant here. (Very correct!)

After hearing the arguments by both Counsels, the trial judge, Justice Salisu Garuba then adjourned the matter till 11am for ruling on the bail application.

… she wept
Just before the Judge came out of his chambers to deliver his ruling, Mr. Akomolafe told his Client that she was not likely to be admitted to bail. This made Senator Obasanjo-Bello cry!

The Ruling
In his ruling, the Judge refused the oral application for bail on the reasoning that to accede to the oral application after having refused those of the other 11 accused in the past would amount to "double standard." The Court then ordered that the application for bail should be in written form and on notice.

The EFCC counsel, asked the court to remand the Senator at Kuje Prison. Mr. Akomolafe opposed this and told the court not to remand her either at the prison or at EFCC custody because the operatives of the commission had already threatened to deal with her. This threat, according to Mr. Akomolafe was issued on the day the EFCC raided the Senator’s house.

After hearing Counsel for Obasanjo-Bello, Justice Garuba then ordered that the Senator should be remanded at the Maitama Police Station pending the hearing of the written application for bail which will be taken on Wednesday the 21st day of May 2008.

Aunty Iyabo would be a ‘guest’ in the Maitama Police Station for two nights. The medicine does taste bitter eh!

Counsel for the accused Senator told journalists after proceedings that the reason his client came out of hiding to present herself to the Court is because she thought of the other accused persons. Talk about ‘appropriate timing!’ Hello! Who are they deceiving? If she was really thinking about the other accused persons why did she go into hiding?

Monday, May 19, 2008

. . . still hiding

Today will determine if Aunty Iyabo would come out of hiding!

We are waiting for the Ruling of the Court.

Will the Court issue a bench warrant? Will she submit to the jurisdiction of the Court?

Let's wait and see . . .

Wednesday, May 14, 2008

Hiding Senator

For some weeks now, the question most people are asking is -WHERE IS IYABO?

Where could she be hiding? Why is she frustrating her trial?

The distiguished Senator of the Federal Rebuplic of Nigeria and the Chairman of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello has refused, neglected and/or failed to appear before the Federal High Court to respond to the charges against her.

Iyabo Obasanjo-Bello, is the first daughter of the former President, Olusegun Obasanjo.

Obasanjo-Bello (represented by her Lawyer) sees no reason to be in court, but she is challenging the jurisdiction of the Court and at the same time, she is also praying the Court for an injunction to restrain the EFCC from ‘harassing’ her! Hmmm! Aunty Iyabo even wants the Court to QUASH the charges against her! Why? Is she above the Law?

If Mrs. Iyabo Obasanjo-Bello really have nothing to hide, then she should submit herself to trial!

For the records, the EFCC is a creation of the former President, Chief Olusegun Obasanjo to fight corruption. In a bid to fight corruption, the EFCC has exposed a fraud involving N300,000,000. The right thing and most honourable thing to do is for Dr. Iyabo Obasanjo-Bello to appear in court and respond to the allegations against her! She should stop playing the victim here! Nobody is above the law.

According to the Economic and Financial Crimes Commission (EFCC) (and most Nigerians) Iyabo is afraid of standing trial in the face of overwhelming evidence against her over the N300 million fraud at the Federal Ministry of Health. If she is innocent as she claims, then she ought to show her face!

Question 1: Why is Aunty Iyabo hiding?

Question 2: What is Iyabo afraid of?

Question 3: How long will the hiding last?
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