Omobolanle Shosanya

A Rivers State High Court sitting in Port Harcourt,has granted an experte order restraining the National Leadership of the All Progressive Congress led by the chairman, Abdullahi Umar-Ganduje, the Secretary, Surajudeen Ajibola-Basiru from going ahead to conduct its planned Ward, Local Government and State Congresses billed for October 11th, 16th and 26th, 2024.

Other defendants in the suits filed by Peter Ohochukwu and Haija Ndidi-Chukwuma for themselves and all elected executive members of APC in the state are the All Progressives Congress, Inspector General of Police, Nigeria Police and the Independent National Electoral Commission, INEC.

Justice Godwin O. Ollor in his ruling on the ex-parte motion,also restrained the defendants either for themselves, their officers or agents from conducting, supervising, holding, monitoring or in any other manner conduct election to make up Rivers State Executive Committee of APC in Rivers State.

Justice Ollor hinged his ruling on the merit of the application by the Plaintiffs’ counsel, Collins Dike.

The court also restrained the National leadership of the party against any plan to suspend the Emeka Beke led executives of the party in the state.

The court further restrained the National Chairman of APC and the Secretary from doing anything to interfere with the activities of elected executives of the party in the state led by Chief Emeka Beke, pending the hearing and determination of motion on notice for interlocutory injunction.

Mohammed Shosanya

Thirteen former staff members of the Nigerian Christian Pilgrim Commission (NCPC) have filed a lawsuit in the National Industrial Court, Abuja, seeking to overturn wrongful dismissal by the commission’s management.

A termination notice dated February 27, 2024, and signed by Ephraim Ekpe, Assistant Director of Administration, stated that the employees were dismissed due to alleged “irregularities” in their hiring process.

The notice informed them that their appointments, effective from October 16, 2023, were being rescinded immediately.

The dismissed employees include Gyang Stephen Monday, Avoseh Taiwo Stephen, Gbile Nder Pascal, Pam Yakubu Chung, Soladoye Temitope Ajiboye, Lekwot Raymond Daniel, Dung Chung Bok, Barnabas Miriam Ali, Nwachukwu Eugene Ikechukwu, Sunday Nyam Bot, Dablet Nnandom Apollos, Pam Yakubu Chadikison, and Ukaiha Joy Oluchi.

Represented by attorney Osuagwu Ugochukwu, the former staff are seeking the court to declare that the termination letter does not constitute a valid dismissal as it did not comply with the terms of their original appointment.

They argue that the term “withdrawal of appointment” is not recognized under Nigerian law or labor regulations.

They are also requesting the court to confirm that their employment, as outlined in the October 16, 2023, appointment letter, remains valid until October 3, 2025, since their dismissals were not executed correctly.

They are seeking a judgment for N5,000,000 to cover legal costs and clarification on whether the term “withdrawal of appointment” constitutes a valid termination under the Nigerian Labour Act.

Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun is a serving Justice of the Supreme Court of Nigeria. She is the 5th and youngest female to be appointed as a Justice of the Supreme Court of Nigeria. This article examines the early life, education, and notable achievements of Hon. Justice K.M.O. Kekere-Ekun.

Justice Kekere-Ekun was born in London, the United Kingdom on 7th May 1958. Her parents were both indigenes of Lagos State, Nigeria. She is the eldest of eleven siblings from both parents. Her father, Alhaji Senator H.A.B. Fasinro, OFR, LL.D, was a fervent Muslim and a very dedicated family man of noble lineage. He belonged to at least 3 Royal Families in Lagos. He was a legal practitioner and very active in politics.

Throughout his career, he worked for many years as a Crown Counsel in the old Western Region of Nigeria. He also became the Town Clerk of Lagos City Council (similar to being the Mayor of Lagos).

In 1975, at the age of 56 years, he retired voluntarily from the civil service. He subsequently became a Senator of the Federal Republic of Nigeria in 1983.

His tenure was however brought to an abrupt end with the overthrow of the Alhaji Shehu Shagari-led civilian government in a military coup in December 1983. He was also an author. He died at the age of 99 on 31st March 2019.

Her mother, Mrs. Winifred Layiwola Ogundimu (née Savage), is a devout Christian. She studied nursing in the UK, where she qualified as a Public Health Nurse before returning to Nigeria in December 1965.

Upon her return to Nigeria, she built her career in the civil service of Lagos State and retired years later, at the age of 60. Mrs. Ogundimu is currently the head of a large and prominent Lagos family, the Savage Family.

Alhaji Senator H.A.B. Fasinro, OFR, LL.D, and Mrs. Winifred Layiwola Ogundimu both remarried when K.M.O. Kekere-Ekun was still young. K.M.O. Kekere-Ekun grew up in a polygamous home with her father, stepmothers, siblings, and other relations. One of her stepmothers, who greatly influenced her life, was a teacher.

She was brought up in an extremely strict and disciplined environment at home, where she was taught lasting values such as hard work, integrity, contentment, and the ability to get on with most people and to cope with most situations. It was always a full house with extended family and other school children spending their holidays, to earn extra tutoring and a disciplined upbringing.

K.M.O. Kekere-Ekun was privileged with quality education. She attended private primary schools before proceeding in 1970 to Queen’s College, Lagos, which was the best Federal Government College for girls in the country at the time. She studied Law at the University of Lagos, Nigeria, from 1977 to 1980 and obtained her LL.B in 1980.

Following this, she attended the Nigerian Law School from 1980 to 1981 and was called to the Nigerian Bar in July 1981. From 1981 to 1982, she was engaged in the compulsory National Youth Service at the Ministry of Justice, Benin City, Bendel State (now Edo State). Afterwards, she proceeded to the London School of Economics and Political Science (LSE) where she obtained a master’s degree in law in 1983.

After qualifying as a lawyer and obtaining a master’s degree in law from the London School of Economics and Political Science (LSE), she worked in private law practice for a few years. As a result of the toll of the demands of private practice on her domestic responsibilities, she decided to join the bench to be able to enjoy more predictable work hours.

She applied and was appointed by the Lagos State Judiciary as a Senior Magistrate Grade II in December 1989. This marked the beginning of her career on the bench. She was subsequently appointed a Judge of the High Court of Lagos State on 19th July 1996. In September 2004, she was elevated to the Court of Appeal.

As a Justice of the Court of Appeal, she served in five different Divisions across the country. She was the pioneer Presiding Justice of the Makurdi Division of the Court of Appeal and also served as the Presiding Justice of the Akure Division of the Court of Appeal before her elevation to the Supreme Court on 8th July 2013. She is currently a member of the Supreme Court Rules Committee and Chairman of the Supervisory Committee of the Litigation Department of the Court.

K.M.O. Kekere-Ekun served as Chairman of the Robbery and Firearms Tribunal, Zone II, Ikeja, Lagos, from November 1996 till May 1999, when the Tribunals were abolished. The constitution of the Tribunal included one Police officer and one Military officer. In the process, the Police officer gained significant insight into the requirements for conducting effective criminal investigations and prosecutions.

He was subsequently posted to the Police College (where recruits are trained) as a lecturer and was able to share a lot of what he had learned from his participation in the Tribunal hearings.

In recognition of her reputation for integrity and hard work, she was one of 3 Judges of the Lagos State High Court first selected to try offences relating to financial crimes and money laundering under the Economic and Financial Crimes Commission Establishment Act, 2004 and the Corrupt Practices and Other Related Offences Act, 2000.

Furthermore, in 2003, K.M.O. Kekere-Ekun served as a member of the Ethics Curriculum Planning Committee of the National Center for State Courts (NCSC), in collaboration with the Department for International Development (DFID) and UNODC.

This committee produced the Code of Conduct for Judicial Employees. She also chaired the Public Complaints and Training Committee that was part of the UNODC pilot project on strengthening judicial integrity and capacity in Lagos State. This was from February 2003 till July 2004.

The Public Complaints Committee investigated complaints against magistrates in the performance of their official duties and became pivotal for the reform of the justice delivery system in the magistrate courts. Moreover, she served as a supervisory judge in charge of the Apapa Magisterial District in Lagos State from October 2002 till July 2004.

She also served as a member of the committee that drafted the High Court of Lagos State (Civil Procedure) Rules 2004 from April 2002 till December 2002. The new Civil Procedure Rules introduced innovations in case management such as the front-loading concept, pre-trial conference, and the application of ADR mechanisms for the speedy dispensation of justice.

The innovations have also been adopted by most states of the Federation and have proved particularly helpful in the speedy dispensation of electoral disputes.

From December 2001 till December 2004, she served as a member of the Steering Committee of the Lagos State Multi-Door Court House, the first court-connected Alternative Dispute Resolution centre in Africa.

At the Court of Appeal, she served on the Information Technology Committee, which was to facilitate the computerization of the Court. Hon. Justice K.M.O. Kekere-Ekun is a recipient of prestigious awards.

She was a recipient of the Merit Awards of the Lagos State Judiciary, in December 2003 and in September 2013.

Again,she was twice awarded the Distinguished Trailblazers Awards by the Nigerian Bar Association Women Forum (August 2012 and 2014). She belongs to several professional associations and groups, including the National Association of Women Judges; International Association of Women Judges; Body of Benchers – Life Bencher W.E.F. 8th February 2018; Nigerian Institute of Advanced Legal Studies (Fellow); and International Dispute Resolution Institute (Fellow).

She is also a member of the Ikoyi Club 1938. Hon. Justice K.M.O. Kekere-Ekun has been married to Mr. Akin Kekere-Ekun, OFR, since December 1983. His work ethic and integrity have been a great motivating factor for her. Their union is blessed with three children who are all graduates and excelling in their chosen fields. K.M.O.

Kekere-Ekun is passionate about self-examination, being the change that one wants to see in the world and setting your standards early, starting every endeavour in the same manner as one means to carry on.These have been her guiding principles in her personal and professional life.

Mohammed Shosanya

The National Judicial Council (NJC),has has set up four probe panels to investigate 27 High Court Judges, over allegations of judicial misconduct filed against them.

The panels were constituted during the 106th meeting of the NJC presided over by the outgoing Chief Justice of Nigeria, Olukayode Ariwoola, after due
consideration of the report of its Preliminary Complaints Assessment Committee on 22 petitions written against 27 Judicial Officers of the Federal and State High Courts,a statement said on Friday.

The e NJC’s Director of Information, Mr Soji Oye,who signed the statement,stated that the remaining 18 petitions were discountenanced for lacking in merit, abandoned or being subjudice.

Besides,the NJC placed five Judges on its pre-sanction Watch List register for poor performance, stressing that they would be recommended to the Council for appropriate sanction if they do not improve on their performances.

The NJC issued letter of advice to Justice O. M. Olagunju of Oyo State High Court, cautioning him to be circumspect as a judicial officer before acting, even in the most challenging situation.

Justice Olagunju was said to have used uncouch language in a letter addressed to the Chief Justice of Nigeria, challenging Council’s decision and its policy direction on appointment of President, Court of the Customary Court of Appeal, Oyo State.

The discountenanced petitions, NJC revealed were against Hon. Justice Monica B. Dongban-Mensem, President Court of Appeal, Hon. Justices E. O. Williams Dawodu, B. A. Georgewill, Yargata Timpar, S. D. Samchi, Aisha B. Aliyu, A. A. Aderibigbe M. L. Shuaibu, H. A. O. Abiru and Abdulazeez Waziri all of the Court of Appeal.

Others are;Hon. Justice John Tsoho, Chief Judge, Federal High Court, Hon. Justices Z. B. Abubakar, James. Kolawole Omotosho, Sunday B. Onu all of the Federal High Court and Justice Okon E. Abang when he was serving at the Federal High Court.

They also include; Hon. Justice Kayode Agunloye of the FCT High Court, Hon. Justice Babagana Karumi of the High Court Borno State, Hon. Justice Maimuna A. Abubakar of the High Court of Niger State, Hon. Justice A. A. Aderibigbe of Osun State High Court and Hon. Justice Aisha B. Aliyu of Nasarawa State High Court.

Meanwhile, Justice Ariwoola, being the last meeting before he bows out of service, appreciated the cooperation he received from members of the Council and the Council’s secretariat just as he implored them to extend same to his successor.

Mohammed Shosanya

A Lagos Federal High Court has ordered the Lagos State Government to launch an investigation into the death of Mr. Pelumi Onifade, a 20-year reporter with Gboah TV, an online television channel, who was reportedly arrested by officers attached to a Lagos state task force while covering the #EndSARS protests in 2020.

He was later found dead at a mortuary in Ikorodu in Lagos, where his body was deposited.

The Court also ordered the state government to conduct a coroner’s inquest to ascertain the cause of the death of Mr. Onifade as well as identify and prosecute those responsible.

Delivering verdict in a suit filed by Media Rights Agenda (MRA) over the death of the journalist against the Police and the Lagos State Government, Justice Ayokunle Olayinka Faji agreed that the Government’s chief law officer “cannot just conduct an inquest without a duplicate of the case-file”.

He ruled that section 74 of the Administration of Criminal Justice Law (ACJL) of Lagos State gives the Attorney-General the power to request for a case-file from the Commissioner of Police.

The court dismissed five of the claims made by MRA against the Police on the ground that there was no evidence before the court to support them.

Justice Faji noted that none of the facts in MRA’s affidavit was denied by the Attorney-General who only raised an issue of law, adding that in the course of oral arguments, the Attorney-General’s counsel also undertook to conduct an inquest.

Lagos-based lawyer, Mr. Charles Musa, filed an originating summons on August 4, 2021, on behalf of MRA, against the Lagos State Commissioner of Police (COP), the Inspector-General of Police (IGP) and the Attorney-General of Lagos State.

In the suit filed pursuant to Sections 6(6) and 46(1) as well as 33, 35 and 39 of the 1999 Constitution; Articles 4, 5 and 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004; and Order II Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, the organization is asking the court to declare that:

· Mr. Onifade’s shooting in Oko Oba in Agege Local Government Area of Lagos State, by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004;

· Mr. Onifade’s arrest and unlawful or restriction of his liberty by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by sections 35, 39 and 46(1) of the 1999 Constitution and Articles 5 and9 of the African Charter.

· The constitutional and statutory duties of the respondents do not extend to unlawful detention of innocent individuals who have not been charged to Court or found guilty of any offence by a competent court of law in Nigeria; and

· The cop and the IGP have an obligation to investigate crimes committed against Mr. Onifade, a journalist exercising his right to freedom of expression as guaranteed under Sections 33 and 39 of the Constitution and Articles 4 and 9 of the African Charter.

MRA also asked the court to issue three orders,directing the respondents to launch a transparent, impartial and independent investigation into the circumstances of the death of Mr. Onifade whose body was found in a morgue in Lagos; directing them to conduct a coroner’s inquest to ascertain the cause of his death; and directing them to identify and prosecute those responsible for his death.

In his verdict Justice Faji pointed out that although the COP and the IGP were served with the originating summons and other processes in the suit, they did not file any response.

He noted that Mr. John Gbadamosi, MRA’s Programme Officer who deposed to the affidavit in support of suit, did not witness any of the facts relevant to the matter, adding that there was also no documentation in support of the claim that Mr. Onifade’s corpse was deposited in a mortuary.

He also observed that although there was constant reference in the affidavit to the family of the deceased who, he said, would have the necessary information regarding their various interactions with the Police, none of them filed any evidence in support of the incident. He therefore dismissed the claims against the Police for lack of evidence.

He commended the Office of the Attorney-General of Lagos State for upholding the duties of the office by attending court and assisting the court in the matter.

He noted that the explanation by the Attorney-General’s lawyer that the reason a coroner’s inquest was not conducted was because the duplicate of the case file was not forwarded to his office.

According to him, in response to the court’s question on what the Attorney-General did about the matter since being served with the court processes, the lawyer submitted that the Attorney-General is ready to conduct an inquest.

Justice Faji maintained that the Attorney-General is not alleged to have known about the alleged unlawful killing of Mr. Onifade and is also not accused of being involved in the killing but that as stated by MRA, he has a duty to conduct an inquest into the circumstances of the death.

He said:“Indeed, in paragraph 15 of the counter­ affidavit, the 3rd respondent (the Attorney-General) has stated that he would prosecute anyone found to have a prima facie case established against him”.

Justice Faji directed the Attorney-General to take all necessary steps to see to the investigation of the circumstances of the death of Mr. Onifade and to conduct a coroner’s inquest to ascertain the cause of the death as well as identify and prosecute those responsible for his death.

Mohammed Shosanya

The Independent Corrupt Practices and Other Related Offences Commission (ICPC),has arraigned three staff members of Ekiti State Teaching Hospital over allegations of forgery and deceits.

A statement by Demola Bakare, Ag. Director, Public Enlightenment and Education and Spokesperson for the Commission indicated that, the three-staff members, Mr. Fatuki Adebayo Paul, Mr. Babalola Idris Adebayo and Mr. Afolayan David Ayodele were arraigned before Justice Lekan Ogunmoye of the Ekiti State High Court on Wednesday.

In a charge number: HAD/02ICPC/2024,ICPCarraigned the trio on a six-counts charge bordering on forgery of a document contrary to and punishable under Section 467 of the Criminal Code Act Cap C28 LFN 2004, and knowingly and corruptly giving a document with false information with intent to deceive the principal, contrary and punishable under Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000.

The three defendants, however, pleaded not guilty when the charges were read to them.

Counsel for the defendants, Mr. Rotimi Adabembe and Mr. Busayo Sule separately prayed to the court to grant their clients bail on liberal terms, having entered the not guilty plea.

Counsel to the ICPC, Mr. Kehinde Adetoye did not oppose the bail applications filed.

Justice Ogunmoye granted the defendants to bail in sum of two million naira and two sureties in like sum, one of whom must hold a directorial position within the Ekiti State Government and evidence of their residence within the jurisdiction must be confirmed.

Mohammed Shosanya

The twelve of the twenty-five students from Ajayi Crowther University, Oyo, who were facing charges of conspiracy, murder, and negligence, have been freed by Iyaganku Chief Magistrates’ Court in Ibadan, the capital of Oyo State.

The twelve students,who were discharged on Monday are:Kehinde Martins, Samuel Okorie, Mustapha Khalid, Yusuf Adeniran, Joseph Areoye, Iyanuoluwa Oyelakin, Obaloluwa Olalekan, Emmanuel Adejumobi, John Daudu, Moses Abiola, Hammad Tijani, and David Kolawole.

Chief Magistrate Olabisi Ogunkanmi ruled that there was no evidence linking these students to the alleged offences, as indicated by the legal advice received

The students had initially been arraigned and remanded in a correctional facility pending legal advice.

Besides,one of the defendants, Femi Oladoye, a security guard at the university, was granted bail in the sum of N250,000 with two sureties in like sum.

Oladoye had been charged with negligence of duty for failing to prevent the beating that led to the death of a 22-year-old student, Jefry Akro.

The prosecutor, CSP Funke Fawole, stated that the defendants were alleged to have caused Akro’s death on May 24 at about 9 p.m. by beating him with planks and electrical wires.

The court has adjourned the case until July 8 for further mention.

The charges include violations of Sections 516, 515, and 324 of the Criminal Laws of Oyo State, 2000.

Mohammed Shosanya

The Court of Appeal, Lagos Division,has affirmed the verdict of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old.

The appellate court in its unanimous decision on Friday, found the Appellant (Baba Ijesha) guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulted her.

The court,however,set aside his conviction on indecent treatment of a child and sexual assault, of a minor which allegedly occurred between 2013 and 2014.

The court held that the Appellant’s voluntarily confessed to the crime, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.

Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over the sexual assault of a minor.

The judge convicted and sentenced him after he was found guilty of four counts out of six counts, in suit number ID/14623C/2021 preferred against him by the Lagos State government.

Mohammed Shosanya

A three-man panel of the Competition and Consumer Protection Tribunal,
led by Thomas Okusu, on Friday ordered Multichoice Nigeria to pay a fine of N150m for disobedience to court order.

Multichoice Nigeria, owners of DSTV and GOTV pay TV operators was sanctioned for wilfully disobeying an order restraining DSTV and GOTV from hiking their subscription rates.

The tibunal also ordered the company to provide Nigerians with a one-month free subscription to its DStv and GOtv packages for raising objection on the court’s jurisdiction.

The tribunal upon a suit filed by one Barrister Festus Onifade challenging the arbitrary increase, had previously restrained Multichoice from increasing the subscription fees of DSTV and GOTV without adequately notifying customers.

Onifade had claimed that the the digital satellite TV company was wrong by giving subscribers only 8 days before increasing the subscription rate.

Onifade had sued Multichoice alleging that the Pay-TV firm, unjustly increased subscription fees without one month prior notice to customers.

However, counsel for Multichoice argued that previous rulings had settled price regulation issues, while Onifade based his motion on notice on the inadequate notice rather than the price hike itself.

The tribunal affirmed it’s jurisdiction to hear the matter, and ruled against the Pay TV company.