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IN THE FACE OF MOUNTING THREATS TO JUDICIAL INDEPENDENCE, COURT OF APPEAL VERDICT IS A HOLLOW RITE OF PASSAGE

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Access to Justice Media Advisory

Introduction

On May 10th 2019, the Court of Appeal struck out appeals against the ex-parte Orders of the Code of Conduct Tribunal (“Tribunal”) suspending (former) Chief Justice of Nigeria, Hon. Justice Walter Onnoghen from office.President Muhammadu Buhari had, on the strength of the Order of the Tribunal suspended Justice Onnoghen from office as Chief Justice of Nigeria and appointed Hon. Justice Tanko Mohammed as acting Chief Justice of Nigeria. 

In the unanimous judgment of the Court of Appeal (Coram:Justice Stephen Adah, Justice Tinuade Akinmolade-Wilson and Justice Peter Ige), the Court dismissed three of the four appeals of Justice Onnoghen on the grounds that the substantive matters from which they arose had been concluded as the Code of Conduct Tribunal had convicted Justice Walter Onnoghen of the allegations against him already on April 18th 2019. The fourth appeal was struck out for lack of competence. 

The Court of Appeal however found that the ex parte order granted by the Tribunal on 23rd January 2019 had breached Justice Onnoghen’s right to fair hearing becausethe order was obtained in a manner “shrouded in secrecy and clandestine maneuvre”. The verdict of the Court of Appeal comes three months after the panel reserved judgment on the appeals filed by Justice Walter Onnoghenin connection with his trial before the Code of Conduct Tribunal. 

Had the decision of the Court of Appeal been delivered sooner, at a time when it could have mattered, it would have represented a timely intervention required, at that time, to meet the exigencies of the situation in the Tribunal; it could have halted the travesty and charade that was being played out by the Code of Conduct Tribunal, under the guise of a trial. Today, the judgment of the Court of Appeal faulting the obnoxious ex-parte Order suspending Justice Onnoghen, as well as denouncing the Tribunal’s disregard of the Orders issued against it by other courts halting its proceedings, has little else to it besides academic value. The judgements, are, therefore, not much other than hollow rites of passage. The Court of Appeal’s moralizations on the conduct of the Code of Conduct Tribunal at this time, therefore, are of too little value because they were too late. Though the Court of Appeal has reasoned that the appeal by Justice Onnoghen has been rendered moot given the conclusion of proceedings against him by the Tribunal, it was not as much the appeal as it was the Appellate Court that had rendered itself moot, out of reckoning, out of service and out of reach. 

The decision of the Court of Appeal to reserve its judgments for such length of time that saw theproceedings of the Code of Conduct Tribunal wind up is unfortunate. Whatever the Court of Appeal’s views were on the conduct of Justice Walter Onnoghen, what was at stake was well beyond the scope of Justice Onnoghen’scircumstance. What is at stake is the ideology of the court’s role in preserving constitutional democracy and the rights of citizens. That role is clearly much broader, and deeper than the complexion of a single case. It implicates the rights of ordinary citizens who have to seek the court’s intervention in preventing some irreparable harm to them. The courts have often said that they are the last bastions of hope for citizens, the guardians of the Constitution, the wedge that stands between oppression and liberty. The example set by the Court of Appeal in Justice Onnoghen’scase is diametrically different to the role and duty courts have, and the expectations citizens have of the courts.

As things stand today, the judiciary is laboring under serious threats to its independence, coming mostly from the executive arm of government, both at the centre and in the States, witnessed by what has been going on in the Kogi State Judiciary in the case of the latter. This ought to be a time when courts would rise up, and defend Nigeria’s hard-won constitutional democracy with valour and defiance. But our courts are drawing a blank, and making citizens fear for their ability and readiness to protect them and the rule of law in a country beset by so many problems of governance. If tyranny persists in Nigeria, it is because courts are, in the main, failing the Nigerian people.

Joseph Otteh​​​​​Daniel AloayeIgiekhumhe

Convener ​​​​​Programme Officer

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Family Accuses Kwara Police of Torturing Man to Death Over Debt, Investigation Underway

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Family Accuses Kwara Police of Torturing Man to Death Over Debt, Investigation Underway

Family Accuses Kwara Police of Torturing Man to Death Over Debt, Investigation Underway

 

The death of 35-year-old Jimoh AbdulQodir Tunji in the custody of the Kwara State Police Command has left his family and the local community in shock, with accusations of police brutality emerging after the man’s tragic passing.

Tunji, a poultry farmer, was allegedly arrested on Friday, December 20, following a petition filed by his employer over an unpaid debt of N220,000. His family has accused police officers of torturing him to death while in custody, a claim that has sparked widespread outrage.

A heartbreaking video surfaced online on Sunday, showing Tunji’s grieving mother and relatives accusing the police of causing his death. In the emotional footage, his mother tearfully cried out, “My son did not kill anyone. He only owed someone. They have killed my son. Please, come to my aid. The police at the headquarters have killed my son. His name was Kadri. He was a good boy in the community. They beat him to death in police custody. They didn’t allow us to see him. Blood was gushing out of his nose.”

In response to the allegations, the Kwara State Police Command released a statement confirming the incident. The police spokesperson, Ejire-Adeyemi Toun, stated that Tunji had been invited by the police on charges of obtaining money by “false pretence” and confirmed that an investigation had already begun to determine the cause of death.

“The Kwara State Police Command is aware of an unfortunate incident that led to the tragic loss of one Mr. Jimoh AbdulQodir, which occurred on December 20, 2024,” the statement read. “The deceased was invited on an alleged case of obtaining money by false pretence to the sum of N220,000. Discreet investigations into this incident have commenced to ascertain the cause. Further developments on the outcome will be communicated as it progresses, as no stone will be left unturned.”

The case has drawn significant attention, as it marks the third time in under five months that the Kwara State Police have been implicated in the death of a suspect. Earlier this year, police officers were accused of causing the deaths of 27-year-old Suleiman Olayinka, an asthmatic patient, and Kwara State Polytechnic student Ishola Abdulqoyum, who was allegedly fatally shot by officers in September.

In a bid to ensure accountability, the Inspector-General of Police (IGP), Kayode Adeolu Egbetokun, instructed the Force Criminal Investigations Department (FCID) to take over the investigation into Tunji’s death. The IGP expressed his condolences to the bereaved family and reassured the public of a thorough and impartial investigation.

During a meeting with the family on Sunday, the IGP said, “The IGP has ordered the FCID to handle the case with utmost diligence and ensure a conclusive and impartial investigation. He further reassured the family and the general public that the Nigeria Police Force remains committed to upholding the highest standards of accountability, professionalism, and respect for human rights.”

The case has reignited concerns about police brutality in Kwara, as the region grapples with rising incidents of alleged police violence. As the investigation unfolds, the family and the public are closely watching to see if justice will be served.

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Seven Dead in Light Aircraft Crash in Jalisco, Mexico

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Seven Dead in Light Aircraft Crash in Jalisco, Mexico

Seven Dead in Light Aircraft Crash in Jalisco, Mexico

 

At least seven people have died following the crash of a light aircraft in a remote, heavily forested area of Jalisco, western Mexico, local authorities confirmed on Sunday.

The aircraft, a Cessna 207, was en route from La Parota in the neighboring state of Michoacan when it went down. Jalisco Civil Protection reported the crash site was in an area difficult to access, complicating rescue and recovery operations.

In a statement on social media, Civil Protection confirmed that “preliminary reports” from the scene indicated that seven people had died. Their identities have not yet been released, and authorities are working to confirm further details.

The agency also mentioned that a fire at the crash site was extinguished, and risk mitigation efforts were carried out to prevent additional damage. “We are waiting for forensic investigators to arrive to remove the bodies and rule out the presence of other victims,” the statement added.

The cause of the crash remains under investigation, with authorities working to gather more information on the incident.

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Oriyomi Hamzat Speaks Out on Ibadan Funfair Stampede, Blames Parents for Chaos

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Oriyomi Hamzat Speaks Out on Ibadan Funfair Stampede, Blames Parents for Chaos

 

Media personality Oriyomi Hamzat has broken his silence regarding the tragic stampede that occurred at a funfair event in Ibadan, shifting blame onto parents for the chaotic situation that led to casualties. In a detailed recount of the incident, Hamzat defended Prophetess Naomi, the event organizer, and highlighted the various challenges faced during the event’s preparation and execution.

 

In his statement, Hamzat shared that he had visited the venue the day before the event to inspect the arrangements. During this visit, he underscored the importance of proper security and crowd management. He emphasized the need for efficient ticketing and insisted on printing 5,500 tickets to manage the expected crowd, noting that the audience in Ibadan might behave differently compared to other locations where similar events had been held.

A Safer Tomorrow: Lessons from a Tragic Event

Despite these preparations, things began to spiral out of control early on the event day. By 4 a.m., parents had already started gathering at the venue, even though the program was scheduled to begin at 10 a.m. By 5:45 a.m., Hamzat arrived to find blocked roads and scenes of desperation, with mothers throwing their children over the fence in an attempt to secure entry. Tragically, one child died after hitting his head on the ground when his mother threw him over the fence, assuming someone would catch him.

 

Hamzat criticized the parents’ reckless actions, questioning how Prophetess Naomi could be blamed for such behavior. He expressed disbelief that the responsibility for the tragedy was being placed on the shoulders of the event’s organizer, who had made significant efforts to ensure the event’s safety.

“A day before the funfair, I went to inspect the venue to ensure that all the necessary things were in place. Prophetess Naomi was there and she said the place was more spacious than the venue they originally intended to use,” Hamzat explained. “I asked about the security arrangement, and she assured me that security would be on site by 8 a.m. I told her and the team that Ibadan is different from other places and promised to provide 200 boys who would be handing out tickets to the children. Initially, there were no plans to use tickets.”

He continued, recounting his arrival at the venue early in the morning, where he found the situation already deteriorating. “I arrived at 5:45 a.m. and saw a massive crowd. Roads were blocked, and mothers were already throwing their kids over the fence. The event was scheduled to start at 10 a.m., and security wasn’t due until 8 a.m. I began begging everyone to go home, but they wouldn’t listen. By 7 a.m., the stampede had started.”

Hamzat also revealed that despite anticipating 5,000 children, Naomi had rented 7,000 chairs, as he had advised her to make provisions for mothers who would bring their kids. He further criticized the behavior of some parents, with one woman reportedly bringing 19 children to the venue.

“The stampede occurred because of the actions of the parents, not due to any lack of planning by Prophetess Naomi or her team,” Hamzat said. “How can it be Naomi’s fault when over 2,000 mothers threw their children over the fence as early as 4 a.m.?”

The tragedy has raised serious concerns over crowd management and safety at public events, and Hamzat’s statements have sparked a wider conversation about the role of event organizers and parents in ensuring the safety of attendees.

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