Unlawful ban on old naira notes: SERAP drags Buhari to court – Newstrends
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Unlawful ban on old naira notes: SERAP drags Buhari to court

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Socio-Economic Rights and Accountability Project (SERAP) on Sunday said it has filed a lawsuit against President Muhammadu Buhari over what the group called unlawful directive banning the use of old N500 and N1,000 banknotes.
SERAP said the action of the president was contrary to the interim injunction granted by the Supreme Court that the old N200, N500, and N1000 notes remain legal tender.

Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria (CBN).

The Supreme Court in a case initially brought by 10 states recently held that the old banknotes remain legal tender pending the determination of a motion on notice fixed for February 22. The deadline for the swap of the old notes expired February 10.

However, Buhari in a national broadcast last week directed the CBN to recirculate only the old N200 banknotes, thereby overruling the Supreme Court and banning the use of old N500 and N1,000 notes in the country.

In the suit number FHC/ABJ/CS/233/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court to determine “whether President Buhari’s directive banning the N500 and N1,000 banknotes is not inconsistent and incompatible with the constitutional duties to obey decisions of the Supreme Court and oath of office.”

SERAP is asking the court for “a declaration that President Buhari’s directive banning the use of old N500 and N1,000 banknotes is a fundamental breach of section 287(1) of the Nigerian Constitution 1999 [as amended] and his constitutional oath of office, and therefore unconstitutional, unlawful, null and void.”

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SERAP is seeking “an order of interim injunction restraining President Buhari, the CBN and Mr Malami, their agents or privies from further enforcing the presidential directive banning the old N500 and N1,000 banknotes, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”

In the suit, SERAP is arguing that: “Upholding the rule of law is the cornerstone of Nigeria’s constitutional democracy. President Buhari and other public officials and authorities have a binding legal responsibility to strictly comply with the rule of law and obey the decisions by the Supreme Court, and all other courts.”

SERAP is also arguing that, “The directive to ban the use of N500 and N1000 banknotes, contrary to the interim injunction by the Supreme Court, is ultra vires – beyond the constitutional and legitimate powers of President Buhari and the government.”

The suit filed on behalf of SERAP by its lawyers Ebun-Olu Adegboruwa, SAN, and Kolawole Oluwadare, read in part: “It is a very serious matter for anyone to flout a positive order of a court.”

“President Buhari’s directive undermines the authority and independence of the judiciary, which is an underlying constitutional principle intended to ensure that government is conducted according to law, and to prevent the arbitrary exercise of powers or discretion by public officials and authorities.”

“An order of Court must be obeyed even if such an order is perverse, until such a time that the order is set aside by a competent court. A flagrant flouting of an order of the court by the executive is an invitation to anarchy.”

“The rule of law makes all government officials, including the President and other officials, answerable for their acts in the ordinary courts. The law must apply to everybody; nobody is above the law.”

“Section 281(1) of the Nigerian Constitution provides that, ‘the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

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“Under 318 (1) of the Nigerian Constitution, ‘decision’ means in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation.”

“It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.”

“The directive by President Buhari to ban the use of the old N500 and N1000 banknotes can have no other interpretation than the show of intention to pre-empt the final decision of the Supreme Court in this case.”

“The courts expect the utmost respect of the law from the government itself which rules by the law.”

“The rule of law is essential in a constitutional democracy such as we have in this country for the protection of the rights of citizens and for checking arbitrary use of power by the executive or its agencies.”

“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.”

“The Defendants are public officers who have sworn the constitutional oath office to perform their respective duties in the interest of the Nigerian citizens.”

“This suit is not challenging the statutory power of the Central Bank of Nigeria, acting on the directive of the President, to change the currency and denomination banknotes in Nigeria.”

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“Unless the reliefs sought are granted, the Defendants will continue to violate constitutional provisions and disobey the order of the Supreme Court as implied by the directive of the President in his address to the nation on 16 February, 2023.”

SERAP is also asking the court for the following reliefs:

A DECLARATION that by virtue of section 287(1) of the Nigerian Constitution 1999, President Buhari, the CBN and Mr Malami have a constitutional duty to obey and enforce any decisions and orders of the Supreme Court, particularly the order allowing the use of old N200, N500 and N1,000 banknotes;
AN ORDER restraining and stopping the CBN from carrying out and giving effect to the directive of the President directing and approving that the old N500 and N1,000 banknotes are no longer legal tender and the old N200 banknote will cease to be legal tender on 10 April 2023, in compliance with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023– Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
AN ORDER mandating the CBN to direct all commercial banks in Nigeria to accept and give out the old N200, N500, and N1,000 banknotes as legal tender concurrently along with the new banknotes of the same denomination in line with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023 – Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.

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Osun man on death row for fowl theft shares how police subjected 17-year-old self to torture

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December 22, 2024

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Osun man on death row for fowl theft shares how police subjected 17-year-old self to torture

Segun Olowookere, a man who was sentenced to death for stealing fowls in Osun State when he was 17, has recounted how the police tortured and gave him a cutlass used as an exhibit against him as a minor in court.

FIJ had earlier reported that Governor Ademola Adeleke planned to pardon Olowookere after news of how Justice Sakariya Oyejide Falola sentenced Olowookere and Morakinyo Sunday to death in 2014 broke out.

Olowookere was charged in court with conspiracy, armed robbery and stealing. It was on these grounds that Falola delivered his judgment.

Olowookere and Sunday spent some days at a police station in Okuku before their arraignment and conviction. Olowookere said that the police gave them one cutlass each while at the station for weeding the premises.

However, the two of them were later transferred to Osogbo, the state capital, with the cutlasses. These cutlasses were later presented before the judge as exhibits of an armed robbery offence, Olowookere told The Punch in an interview on Sunday.

HOW HE WAS ARRESTED

Now in a custodial centre working with a medical team, Olowookere said he gave himself up for the arrest in November 2010.

“I was at my father’s shop in Oyan after returning from school. My dad and I were discussing my university admission and suddenly, we heard gunshots, and everybody ran away except my dad and a few others,” he narrated.

“My father was taken to a police van where there were some children. I was peeping out and could hear and see what was going on. The police asked my dad where I was and he asked them what my offence was. When they couldn’t give him a satisfactory response, my father shouted at the top of his voice that I should run away because the police wanted to arrest me.

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“But I was wondering what my offence was. So, I came out and went to meet them. I was detained at the police post in Oyan and was taken to Okuku Divisional Police Headquarters the following day. I met the children who were in the police van when they came for me sitting on the ground and eating rice.”

THEY WERE GIVEN CUTLASSES

Olowookere recalled that the divisional police officer (DPO) heading the station at the time accused him of being a leader of an armed robbery gang consisting of teenage children.

Some days after his arrest, his parents were still making efforts to secure his bail. While this was ongoing, the police engaged them in labour, giving them a cutlass each to cut the grasses at the station.

“The DPO told me that one of the children confessed to stealing two broilers and some crates of eggs. I met the broilers and the eggs at the station,” he said.

“The children were eight in number. He told me the children said I was their gang leader, which I denied. The children he was talking about were around 12 and 13 years old, while I was 17 then. I told him I knew the children but I didn’t have anything to do with them other than greeting them in the community.

“I met Sunday Morakinyo at the station, and he told the police that he didn’t know me nor had anything to do with me. I don’t even know where he was arrested. All the children were released but Morakinyo and I were not.

“We were seriously tortured from the first day I got to the Okuku Police Station under the supervision of the DPO. The children who allegedly committed the crime were not beaten. He repeatedly asked me to admit and confess to a crime I didn’t commit.

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“After some days, we were given cutlasses to cut the grass at the police station premises despite having injuries on every part of our body as a result of the torture.”

BAIL SUM BEYOND HIS PARENTS

Olowookere’s father was asked to produce N30,000 for his bail, but his father could only raise N20,000, and the police would not cut down this financial bail demand.

His father then left the station, perhaps to gather the shortfall of N10,000. Before his father could return, the police had ferried them to Osogbo.

“My father could only raise N20,000 out of the N30,000 they demanded. The police rejected it and insisted on the N30,000,” Olowookere said.

“My dad left the station to look for the money. But before he returned the following day, we had been moved to the SARS office in Osogbo. The cutlasses that were given to me and Morakinyo to cut the grass were presented to SARS as exhibits and they were told we were armed robbers.

“After 17 days in the SARS cell, we were taken to a magistrate court and charged with robbery, and from there to the High Court, where we were sentenced to death.”

The poultry farm from which they were alleged to have stolen fowls belonged to one of his uncles.

Despite initially promising not to pursue the case against him, the uncle went on to testify in court against him.

“We are from the same Ajerotutu Compound in Oyan. He was summoned to a family meeting where he said I was not among those who stole the fowls, but my name was mentioned by the children who were arrested,” Olowookere explained.

“He told the family that he would discontinue the case. But he later came to court to testify against me.

“I never wrote any statement to the police. My parents never had a flat, not to mention a six-bedroom flat. I lived with my parents until I was arrested.”

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Asked why his lawyer didn’t object to the statement during the trial, Olowookere said, “I didn’t know anything, but I am sure I didn’t write any statement.”

SUNDAY SUFFERS MENTAL ILLNESS

As a result of the torture they received at the police station before arraignment, Sunday began to bleed from several parts of his body.

Eventually, this bleeding led to his becoming mentally ill, according to Olowookere.

“He is now a mad person. He is at Ibara Prison. He developed mental issues when we were tortured at the police station in Okuku and by the officers of the disbanded Special Anti-Robbery Squad. I am just lucky, and I believe God’s grace is over me,” he said.

“Morakinyo was bleeding from the anus, ears, nose and on the head. The police did not treat him despite that. I cleaned the cell every day because his blood stained the floor. He was bleeding for the entire six days we spent inside the Okuku police cell before we were transferred to the SARS cell in Osogbo.

“We spent 17 days with SARS and Morakinyo bled every day. Some of the SARS officers noticed that he was not mentally normal again but others thought he was pretending, and from there, he developed full mental issues.

“When we were remanded at Ilesa Custodial Centre, the warders tried to manage his mental health but they didn’t have the capacity. His condition then worsened. As I am talking to you, he doesn’t recognise anybody again. His mother has stopped checking up on him.”

Olowookere said he was hopeful that he would regain his freedom someday to pursue his academic studies and become useful to the world.

“I first enrolled in Yewa College of Education, Abeokuta, Ogun State, after my sentence. It is my dream to study medicine, but it is not available at a college of education. I was later transferred to a maximum prison in 2016. But due to financial constraints, I couldn’t study my dream course,” he explained.

“However, I was encouraged to train under the medical practitioners in the prison. So, I applied and I was accepted into the medical line in 2017. Since then, I have been working with the nurses, pharmacists and doctors inside the prison.

“I believe I will be free one day, and when I regain my freedom, I will definitely go for medicine. I pray to God to set me free because I am innocent.

“I don’t know anything about the crime I am convicted for. I pray to God to give me the opportunity to prove my innocence to the world and be useful to society. I am not a criminal; I have never stolen anything in my life, not to talk of robbing somebody.”

Osun man on death row for fowl theft shares how police subjected 17-year-old self to torture

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Oil cabal sponsoring blackmails against Tompolo, Otuaro, Kyari, say Ijaw youths

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December 22, 2024

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Chairman of Tantita Security Services Nigeria Limited High Chief Government Ekpemupolo (aka Tompolo)

Oil cabal sponsoring blackmails against Tompolo, Otuaro, Kyari, say Ijaw youths

Stakeholders under the Ijaw Youths Network (IYN) have alleged a well-coordinated international blackmail campaign against High Chief Government Ekpemupolo (Tompolo), Chairman of Tantita Security Services; Mele Kyari, Group Chief Executive Officer of the Nigerian National Petroleum Corporation Limited (NNPCL); and Dr. Dennis Otuaro, Chairman of the Presidential Amnesty Programme (PAP).

In a statement issued on Sunday by its President, Frank Ebikabo, and Secretary, Federal Ebiaridor, the IYN accused a cabal of oil thieves of sponsoring the campaign to undermine the successes of Tantita Security Services and other security outfits in combating oil theft.

The group specifically condemned a staged protest outside the United Nations headquarters in New York, describing it as a smear campaign filled with false criminal allegations against Tompolo, Kyari, and Otuaro.

The IYN called on the National Security Adviser, Mallam Nuhu Ribadu, and others entrusted with the nation’s security to ensure a thorough investigation of persons behind the blackmail and bring them to justice in the interest of national security.

The stakeholders also urged President Ahmed Bola Tinubu to be resolute in sustaining the reversal of the evils of oil theft against Nigeria and her citizens.

The IYN stressed that oil thieves and their operatives armed with billions of ill-gotten resources were funding the recurrent attacks on Tompolo, Kyari and Otuaro.

The youths insisted that a virulent cabal of oil thieves with a vast network across international boundaries was on the  rampage to orchestrate the campaign targeting the economy of the country and its leadership.

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The IYN said that the oil thieves were pooling resources together with their international collaborators to undermine the President, national security and the nation’s economy.

The group said that it was not unexpected that the deadly cabal that almost ruined the economy of the country by stealing billions of petro dollars would not give up their lucrative crime without a fight.

The IYN said that the achievement of the Tinubu Administration which had been able to attain 1.8m barrels of crude oil per day, after serious efforts into the battle against oil thieves should be protected from such influential, deadly gang.

The IYN added some of those fighting Tompolo, Kyari and Otuaro were persons, who pressed to be appointed Administrator of the Presidential Amnesty Programme without success.

The Ijaw youths groups said that the antecedents of Otuaro and his capacity to deepen consultations and sustenance of peace in the Niger Delta might be hurting those behind the campaign of calumny in the region.

The group called on all sister organizations in the Niger Delta to support the campaign against oil theft, Tantita Security Service Limited, the NNPCL and the PAP leadership.

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The group said: “We are shocked at the extent to which this deadly cabal of oil thieves can go to orchestrate a campaign of calumny against hardworking people carrying out their lawful responsibilities in the Niger Delta.

“Of course, nobody expects a group of extremely wealthy, connected and influential people who has been involved in oil theft, stealing billions for years to go away without resistance.

“The show of shame in front of the UN headquarters is a most reprehensible attack on the country image, the President, national security and our economy.

“The unpatriotic characters are conniving with enemies of Nigeria in their criminal bid to bring back the dark days of oil theft and its impact on the nation’s economy.

“We call on the President, to be firm in sustaining what is good for Nigeria. Tompolo, and Tantita have shown that it is not impossible to stop the menace of oil theft as shown by the daily production of oil to 1.8 million barrels per day,

“We also urge the Mr Kyari and Dr Otuaro to be firm in carrying out their official responsibilities to this great country. That oil thieves are focusing attacks on the, shows in clear terms that their actions are suffocating their evil activities in the region.”

Oil cabal sponsoring blackmails against Tompolo, Otuaro, Kyari, say Ijaw youths

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

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December 22, 2024

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

 

The General Secretary of the National Union of Road Transport Workers (NURTW), Comrade Kayode Agbeyangi, has enjoined Nigerians to imbibe the virtues of peace, love and compassion as taught through the birth of Jesus Christ.

He stated this in his Christmas and end of the year goodwill message to felicitate members of the union and Nigerians in general.

Agbeyangi urged Nigerians to use the festive season to reflect on the values of love, compassion, and sacrifice that Jesus Christ embodied.

“This period is not for merry making alone; we should also spare time to reflect on the birth and life of Jesus Christ.

“His birth teaches humility, love compassion and sacrifice. As Nigerians, we must show love to our fellow county men. We must love our country. As Nigerians, we must be ready to make sacrifices for the nation.”

The NURTW scribe also used the opportunity to appeal to members of the union and other road users to always exercise caution and adhere to all safety protocols while travelling during the festive season.

“As we celebrate, let us not forget the importance of road safety. The roads can be treacherous, especially during the festive season.

“I urge our members and all road users to drive safely, avoid overspending, overtaking at dangerous bends and overloading, and be courteous to other road users,” he stated.

He also advised drivers that all their vehicle papers should be up to date to avoid embarrassment from law enforcement officers on the highways.

Comrade Agbeyangi prayed for a peaceful and joyous celebration, and wished members of the union and Nigerians, a happy prosperous New Year.

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