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FEDERAL HIGH COURT DISCHARGES INTERIM ORDER AND STRIKES OUT SUIT AGAINST NIGERIAN INVESTMENT PROMOTION COMMISSION (NIPC)”

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On the 13th of May 2020, the Federal High Court sitting in Abuja Judicial Division struck out the Suit filed by Hon. Ali Sani, a member of the Governing Council of Nigerian Investment Promotion Commission (NIPC) on the grounds that the Plaintiff lacked locus/ legal right to bring the Suit and that the Suit was statute-barred.

Hon. Sani instituted the action on the 25th of November 2019 seeking to restrain NIPC, the Chairman of NIPC and the Executive Secretary of NIPC from appropriating and spending funds realised as internally generated revenue (IGR). He also filed an ex parte application and interlocutory application for an injunction to restrain the Commission from further spending its IGR for 2018, 2019 and 2020.

On the 17th of December 2019, Honourable Justice A. I. Chikere of the Federal High Court had granted an interim order restraining NIPC from appropriating and spending its IGR pending the hearing and determination of the motion on notice for injunction. Following the grant of the interim order, NIPC was unable to fund most of its activities and meet a large percentage of its 3rd party contractual obligations.

Counsel to the Defendants, Messrs Afe Babalola & Co, through the lead counsel Kehinde Ogunwumiju, SAN filed a preliminary objection to the Suit and a counter-affidavit against the motion for interlocutory injunction arguing that the Plaintiff had no legal right to file the Suit as he was part of the Governing Council which approved the expenditure of the IGR. The Defendants Counsel also argued that the Plaintiff cannot ask the Court to restrain NIPC from exercising its statutory powers to spend funds duly approved for spending in accordance with extant laws. The Counsel asked the Court to strike out the Suit on the ground that it was statute-barred and that the Plaintiff lacks the locus to file the suit.

In its ruling on the motion for injunction, the Federal High Court held that the Plaintiff had no legal right to file the Suit as the Court cannot grant a relief to restrain an executive body from exercising its statutory powers. The Court held further that in any case, the application was seeking to restrain the spending of an IGR that had already been duly spent in 2018 and 2019.

Whilst ruling on the preliminary objection filed by the Defendants, the Court struck out the name of the Chairman of NIPC, which is non-existent on the ground that the said name is a non-juristic person in law.

The Court then struck out the substantive Suit on the ground that it was statute-barred having been filed more than a year after the accrual of the cause of action in line with the provisions of Section 2 (a) of the Public Officers Protection Act and as such, the Court lacked jurisdiction to entertain the Suit.

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Alleged Manipulation of Defilement Case Sparks Call for Review of Legal Advice in Lagos

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Alleged Manipulation of Defilement Case Sparks Call for Review of Legal Advice in Lagos

By Ifeoma Ikem

 

A legal controversy has emerged in Lagos following a petition seeking a review of a legal advice issued in a case involving two female teachers accused of negligence in a child injury incident at a nursery school in Ikorodu.

The petition, submitted by Crown Cannan Attorneys, urges the Lagos State Ministry of Justice to reconsider the legal advice issued on September 16, 2022, in the case titled Commissioner of Police vs. Ambassador Rukayat Tobiloba and Rukayat Lawal.

Addressed to the former Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, the application argues that the legal advice may have been influenced by what the petition describes as a “deliberate manipulation of facts.”

According to counsel representing the defendants, the allegations stem from an incident that allegedly occurred on October 26, 2021, at Great Kezino Nursery and Primary School located in the Adamo area of Ikorodu, Lagos.

The defendants, Ambassador Rukayat Tobiloba, 26, and Rukayat Lawal, 24, were reportedly the class teacher and assistant class teacher respectively in charge of a Nursery One class where the incident occurred.

Court documents indicate that a three-year-old pupil, identified as Victim A, was reportedly injured after another pupil allegedly pierced a pencil into her private part during school hours.

The prosecution claims the incident occurred due to the failure of the teachers to exercise adequate care and supervision over the children under their custody.

Based on this allegation, the two educators were charged with negligence under Section 252 of the Criminal Law of Lagos State, 2015, which addresses acts that may cause harm through lack of proper care.

The defendants were subsequently arraigned before Magistrate Court No. 2 in Ikeja on April 19, 2022, where they faced a one-count charge relating to the incident.

During the investigation conducted at the Gender Unit of the Lagos State Police Command in Ikeja, several civil society groups reportedly monitored the proceedings.

Among them were representatives of the African Women Lawyers Association (AWLA) and other non-governmental organizations.

These groups reportedly raised concerns about what they described as a growing tendency to weaponise allegations of child abuse in ways that could unfairly damage reputations and careers.

In its petition, the defence team argued that the case deserves a fresh review to ensure that justice is served based on verified facts rather than assumptions or public pressure.

They urged the Ministry of Justice to carefully reassess the legal advice and the circumstances surrounding the investigation to determine whether the prosecution should proceed as currently framed.

Legal observers say the outcome of the requested review could determine the next stage of the case and may also highlight broader concerns about investigative procedures and child protection cases within the justice system.

Reacting to a viral social media post by Ambassador Rukayat Tobiloba, who claimed she might be jailed for defilement, the head teacher of Great Kezino Nursery and Primary School, Mrs. Edaolaropin Toyin, provided the school’s account of events.

According to her, the pupil identified as Victim A was enrolled in the Nursery One class on September 20, 2021, which had about 15 pupils.

She explained that on October 26, 2021, the pupil was transported home on the school bus after closing hours and handed over to her father around 4:30 p.m.

“Later that night, the pupil’s mother allegedly contacted the head teacher, claiming her daughter cried while bathing and alleged that a male classmate, Victim B, had inserted a pencil into her private part during school hours,” she said.

The school, however, rejected the allegation, maintaining that no such incident occurred while the child was in its custody.

“The following morning, the teacher visited the pupil’s home, where the father reportedly denied the mother’s account of the incident,” Toyin added.

She said the situation escalated later that day when the child’s parents arrived at the school with police officers from Imota Police Station demanding that the alleged male classmate be produced.

The head teacher further stated that the school management had supported Tobiloba throughout the legal process.

“Since the incident happened, the school management has never stopped supporting Tobiloba’s welfare until last year when she sent a WhatsApp message saying she was no longer interested in the court matter, claiming she had relocated to Ibadan,” she said.

She described the claims currently circulating on social media as “defamatory narratives.”

 

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GEN CG MUSA SUPPORT INITIATIVE MOURNS FALLEN HEROES AND URGES UNITY IN SECURITY SUPPORT

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*GEN CG MUSA SUPPORT INITIATIVE MOURNS FALLEN HEROES AND URGES UNITY IN SECURITY SUPPORT

 

The Gen Christopher Gwabin Musa Support Initiative (GCGMSI) expresses its heartfelt condolences to His Excellency Gen Christopher Gwabin Musa OFR, Minister of Defence of the Federal Republic of Nigeria, Grand Patron of the Initiative, and the families of the fallen heroes who courageously lost their lives in a recent attack by ISWAP in Konduga, Marte, Jakana, and Dalori in Borno State, northeast Nigeria. Among the tragic losses were three senior military commanders: Major U.I. Mairiga, Lt-Col Umar Faruq, and Lt-Col S.I. Iliyasu, who dedicated their lives to the service of our nation.

The GCGMSI implores the public to continue supporting our security agencies, emphasizing that the safety and security of our nation is a collective responsibility. Every day, our security forces pay the ultimate price to safeguard our country. We urge the public to remain supportive, pray for their success, and refrain from politicizing the security challenges we face.

This was contained in a statement signed by the Convener, Ibrahim Dahiru Danfulani Sadaukin Garkuwan Keffi/Betara Biu, which has been made available to the press. The statement highlights the initiative’s profound concern for the losses sustained by our security personnel and reflects on the broader security situation in Nigeria.

In his unwavering commitment to addressing the insecurity plaguing our nation, the Minister of Defence, Gen Christopher Gwabin Musa, has consistently engaged in urgent meetings with service chiefs, reinforcing strategic plans to combat threats and enhance national security. His leadership and decisive actions demonstrate a dedication to restoring peace and stability across our regions, ensuring a safer environment for all Nigerians.

GEN CG MUSA SUPPORT INITIATIVE MOURNS FALLEN HEROES AND URGES UNITY IN SECURITY SUPPORT

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SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR

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SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR By Ibrahim Dahiru Danfulani

SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR

By Ibrahim Dahiru Danfulani

 

In these challenging times, it is essential for all Nigerians to rally behind our leaders, particularly His Excellency Gen. Christopher Gwabin Musa OFR, the Minister of Defence. The security of our nation is not a matter to be taken lightly or politicized. Gen. Musa, recognized for his unwavering dedication and sacrifice, has served our country commendably throughout his life.

Following the recent reshuffle of service chiefs by President Asiwaju Bola Ahamed Tinubu GCFR, which resulted in Gen. Musa’s retirement as Chief of Defence Staff, many voiced their concerns. Yet, upon his appointment as Minister of Defence, there was a renewed sense of hope among the populace. Gen. Musa has embraced his role with an unwavering commitment, often sacrificing his rest to ensure the safety and security of our great nation.

While it is undeniable that Nigeria faces security challenges, we must approach these issues with unity rather than division. It is crucial to recognize that those who politicize our national security are often those who have not contributed positively to the success of our security agencies. Instead of spreading negativity, we should support Gen. Musa in his mission to restore peace and stability.

SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR

By Ibrahim Dahiru Danfulani

To achieve our collective goal of a secure Nigeria, we must provide Gen. Musa with the trust he deserves. His vision and determination, paired with our support and prayers, can pave the way to overcoming the challenges we face. It’s time for every Nigerian to put aside political differences and work together for the common good. Let us have faith in our leaders and trust in Gen. Musa’s ability to steer our nation towards safety and security.

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