Court To Rule On Kashamu’s Human Rights Suit Nov 18  

KashamuA Federal High Court sitting in Lagos has fixed November 18, 2015, to rule on the fundamental human rights case filed by Senator Buruji Kashamu against the National Drug Law Enforcement Agency (NDLEA) and the Attorney-General of the Federation (AGF).

Senator Kashamu is praying for an order of perpetual injunction restraining the NDLEA and the AGF from taking over his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos, worth over 20 billion naira.

The Presiding Judge, Justice Ibrahim Buba, adjourned the case for ruling, after hearing the arguments of both parties.

The AGF in its preliminary objection, said that Senator Kashamu’s suit is premature, incompetent and an abuse of court processes and asked the court to dismiss it.

Meanwhile, Senator Kashamu’s lawyer, Mr. Ajibola Oluyede, said that his client was in court to protect his fundamental right to own property as enshrined under Sections 43 and 44 of the 1999 Constitution.

A judge of the Federal High Court in Lagos, Justice Ibrahim Buba, had earlier refused to disqualify himself from adjudicating on the suit.

He restrained the NDLEA from arresting or extraditing Kashamu to the United States of America, where he was allegedly wanted.

But the NDLEA asked the judge to ‘hands off’ the trial.‎ It said that since Justice Buba, on June 23, reaffirmed a May 27 order by Justice Okon Abang of the same court, stopping Kashamu’s arrest, he might not be fair in the case.

Fundamental Human Rights: Saraki Refiles Application

Bukola-Saraki-Appeals-CCT-trialLawyers to the Senate President have refiled a Fundamental Human Rights Application on behalf of Dr. Bukola Saraki at the Federal High Court in Abuja after a High Court in Lagos State struck out the case.

The Counsel to Dr. Saraki, Mr Ajibola Oluyede, said that the case was refiled on Friday.

The Senate President had sued the Attorney General of the Federation, the Economic and Financial Crimes Commission, ICPC, the Inspector General of Police and the Code of Conduct Bureau.

In the suit, Senator Saraki asked the court to declare that his arraignment and trial before the Code on Conduct Tribunal falls short of the African Charter on Human and Peoples Right and Section 36 of the Nigerian Constitution which guarantees his right to fair hearing and personal liberty.

He also asked the court to nullify the charges of false assets declaration pending against him.

The Senate President also wanted the court to restrain the respondents from inviting, arresting or prosecuting him on the basis of any allegation arising from his tenure as Governor of Kwara State from 2003 – 2011.

Earlier on Friday, the High Court said that the issues could  not be resolved in Lagos and struck out the suit for lack of jurisdiction.

Lawyers Withdraw From CCT Trial

On Thursday, all lawyers representing the Senate President on charges leveled against him by the Code of Conduct Bureau (CCB) withdrew from the case.

Their withdrawal followed the ruling of the Code of Conduct Tribunal to continue trial, a decision, which the lawyers described as “judicial rascality”.

The Tribunal had based its ruling on the strength of Section 305 of the administration of Criminal Justice Act which says that ‘a trial can be concluded and ruling reserved until all questions about the trial are answered’.

Dr. Saraki then asked for a month to reconstitute his defence but lawyer to the Federal Government kicked against it saying that it was another way for the Senate President to “get what he wants”.

The Tribunal, however, ruled that it would give the Senate President one week to reconstitute his legal team.

The CCT has adjourned till November 19.

Supreme Court Appeal

The decision of the High Court in Lagos on Friday came three days after Dr Saraki filed an appeal against the judgment of the Court of Appeal, which on October 30 affirmed the jurisdiction of the Code of Conduct Tribunal to try him on 13 counts of false assets declaration.

Senator Saraki also filed an application for stay of proceedings urging the Supreme Court to halt the proceedings of the Code of conduct Tribunal to try him for the alleged offences pending when his appeal would be determined.

PDP Appeals Oyinlola’s Re-instatement

The People’s Democratic Party, PDP has appealed against the purported re-instatement of Prince Olagunsoye Oyinlola as the party’s National Secretary.

The Court of Appeal, Abuja Judicial Division had on Thursday, November 7 nullified the Federal High Court ruling which removed Oyinlola as the National Secretary of the PDP.

However, counsel to the PDP, Mr Ajibola Oluyede, told Channels Television Judiciary Correspondent, Shola Soyele, that the Appeal Court’s judgment was based on errors of law and misdirection of facts.

“The party has already filed 3 grounds of appeal before the Supreme Court in reaction to the Appeal Court ruling,” he said.

Mr Oluyede also explained that contrary to the impression created in the media, “the Appeal Court ruling does not imply a reinstatement of Prince Oyinlola.”

In an earlier interview with Channels Television, Oyinlola said: “It is the right of the PDP to go to the upper court, but I don’t think that will change the fact of the case. We will all go there to present our cases before the Supreme Court and I have no doubt in my mind that justice will equally be served at the Supreme Court.”

 

LAW WEEKLY Traces Origin Of PDP Crisis To Ogun State

On this edition of Law weekly, two legal practitioners representing the different factions of the Peoples’ Democratic Party examine the on-going crisis in the party which now has many court suits trailing in its wake.

Law Weekly also traces the origin of the division which has its roots in the crisis that engulfed the Ogun State chapter of the party, involving former President Obasanjo.

We interviewed a lecturer at the Faculty of Law, UNILAG, Mr Yemi Oke, who represented the Former governor of Ogun State, Gbenga Daniel, when the whole crisis started shared his perspective of the issue

As well as, Mr Ajibola Oluyede who was lawyer to the Buruji Kashamu/Obasanjo Faction in Ogun State and who now represents the Bamangur Tukur Faction of the PDP.