#EndSARS: IGP orders probe of suit against judicial panels - Newstrends
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#EndSARS: IGP orders probe of suit against judicial panels

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Inspector General of Police (IGP), Mohammed Adamu, has ordered an investigation into the suit challenging the legality of the judicial panels set up by state governors to probe allegations of police brutality and human rights abuses.

The National Economic Council (NEC) had directed governors to establish judicial panels after the #EndSARS protests, in October as a way of getting justice for victims of police brutality and their families.

But on Thursday, the police legal department filed a suit at a Federal High Court in Abuja through its counsel, O.M Atoyebi, arguing that the establishment of panels violated the constitution and section 21 of the tribunals of inquiry act.

Atoyebi also asked the court to restrain the defendants from conducting any investigation or setting up panels to probe the affairs of the police.

Reacting to the development, the IGP expressed disapproval, saying the force would not stop in ensuring that victims get justice.

In a statement signed by police spokesman, Frank Mba, the IGP said the officer responsible for suit had been queried and might be sanctioned “if found guilty of dereliction of duty”.

“The Inspector General of Police, IGP M.A Adamu, NPM, mni has directed immediate investigations into a suit purportedly challenging the legality of the States’ Judicial Panel of Inquiry, investigating allegations by citizens against officers of the defunct Special Anti-Robbery Squad (SARS),” the statement said.

“The IGP, who gave the order on the heels of trending reports in the media, today 3rd December, 2020, expressed the disapproval of the Force Management Team on the matter and ordered investigations into the alleged role of the Force Legal Section including its Head. Meanwhile, the Force Legal Officer has been queried and may face further sanctions if found guilty of dereliction of duty.

“The IGP reiterates the commitment of the Force to fulfilling all its obligations with regards to the disbandment of the defunct SARS, the ongoing Judicial Panels and all other police reform.”

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Fagbemi distances FG from Emefiele’s N50bn plea bargain

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Attorney General of the Federation and Minister of Justice, Lateef Fagbemi

Fagbemi distances FG from Emefiele’s N50bn plea bargain

JUSTICE Minister,  Lateef Fagbemi has distanced the Federal Government from the N50 billion planned non prosecution plea bargain with the embattled former Central Bank of Nigeria governor Godwin Emefiele.

This is contained  in a statement signed by the Director of Information in the Federal Ministry of Justice Mrs Modupe Ogundoro on Sunday in Abuja.

Emefiele was reported to have entered a plea bargain with government on condition of surrendering N50 billion to facilitate his early release from the custody of the Department of the State Service (DSS).

The plea bargain was also said to be aimed at cancelling the trial of the former CBN Chief on series of charges comprising money laundering, breach of Public Procurement Act and abuse of office.

Fagbemi, a Senior Advocate of Nigeria SAN said that neither his office or the Presidency have had anything of such nature with Emefiele.

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“The attention of the Office of the Attorney General of the Federation and Minister of Justice has been drawn to a report by Sahara Reporters alleging that the former Governor of the Central Bank of Nigeria, Godwin Emefiele and the Federal Government of Nigeria, have agreed to a non-prosecution plea bargain arrangement.

“The report further alleges that Emefiele and the Federal Government of Nigeria, represented by the Attorney General of the Federation and Minister of Justice, have signed a non-prosecution plea bargain agreement and that the agreement is awaiting the signature of President Bola Ahmed Tinubu,

“The Office of the Attorney General of the Federation and Minister of Justice hereby states clearly that these reports are completely false.

“It would be noted that the legal team representing Mr. Godwin Emefiele had expressed their intention in court at the last hearing to initiate a plea bargain arrangement.

“However, no such arrangement has been reached with Emefiele or his representatives.

“We wish to advise the media and members of the public to kindly disregard the said false report.

“The Office of the Attorney General of the Federation and Minister of Justice will continue to take all actions in the interest of the Nigerian public”, the statement said.

Fagbemi distances FG from Emefiele’s N50bn plea bargain

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SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

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SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the 36 state governors in the country over their failure to account for the spending of the N72 billion palliative collected from the Federal Government, including details of the beneficiaries and the reliefs provided with the money.

To ameliorate the impact of the removal of petrol subsidy, the Federal Government recently disbursed N2 billion out of the N5 billion palliative package to each state of the federation and the Federal Capital Territory (FCT).

President Bola Tinubu had during his inaugural speech in May, announced the removal of petrol subsidy, which has led to hike in pump price as well as food prices and transportation fares in the country.

In the suit number FHC/L/CS/1943/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking an order of mandamus to direct and compel each of the governors to account for the spending of the N2 billion palliative collected by them from the Federal Government.

SERAP is also seeking an order of mandamus to direct and compel each of the governors to disclose details of the beneficiaries and the reliefs provided to the poorest and most vulnerable Nigerians with the money.

SERAP is further seeking an order of mandamus to direct and compel each of the governors to instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to monitor the spending of petrol subsidy palliative collected by them.

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In the suit, SERAP is arguing that secrecy in the spending of the N72 billion collected by the governors would create distrust or suspicion of the government, adding that the failure by the governors to account for the public funds is both legally and morally wrong.

The organisation is also arguing that the governors are constitutionally required to act in the public interest, stressing that government secrecy promotes arbitrariness and covers illegal acts.

According to SERAP, the right of access to official information such as the spending of the N72 billion by the governors exists to facilitate the exercise of free expression right, discover the truth, and encourage citizens’ participation in a democracy.

The organisation is also arguing that the right to access information held by public officials and bodies is also essential for collective decision-making in a democratic society.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Blessing Ogwuche, read in part: “It is in the public interest to direct and compel the 36 state governors to account for the spending of the N72 billion palliative and any subsequent disbursement of public funds to the states.”

“There is no democratic freedom without accountability and the basic postulate of accountability is that the people should have information about the functioning of the government.”

“Compelling and directing the governors to account for the spending of the N72 billion would increase government transparency and enhance an open and democratic society.”

“A functioning democracy rests upon participation and accountability. Citizens cannot fully participate in a democracy unless they are allowed to effectively enjoy the right to know what their government is doing in their name.”

“The right of access to information also lets in light and allows the public to scrutinise the workings of the government and find truth in them. Nigerians have the right to know how their states are spending the fuel subsidy relief funds. It is part of their legally enforceable human rights.”

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“Transparency and accountability in the spending of the N72 billion and any subsequent disbursement to the governors would help to reduce the risk of corruption, mismanagement, diversion, or opportunism.”

“The oversight afforded by public access to the details of the spending of the N72 billion palliative and any subsequent disbursement to the governors would serve as an important check on the activities of the states, and help to prevent abuses of the public trust.”

“The constitutional principle of democracy provides a foundation for Nigerians’ right to know details about the spending of the N72 billion fuel subsidy palliative. Citizens’ right to know is crucial for the country’s democratic order.”

“The effective operation of representative democracy depends on the people being able to scrutinise, discuss and contribute to government decision making, including on the fuel subsidy relief funds.”

“The removal of subsidy on petrol continues to negatively and disproportionately affect the poor and socially and economically vulnerable Nigerians in several states, undermining their right to adequate standard of living.”

“The Freedom of Information Act, Section 39 of the Nigerian Constitution 1999 [as amended], article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including about how the N72 billion fuel subsidy relief funds are spent.”

“By the combined reading of the provisions of the Nigerian Constitution, the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the 36 states to account for the spending of the N72 billion fuel subsidy palliative.”

“The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities.”

“States cannot hide under the excuse that the Freedom of Information Act is not applicable to them to refuse to provide the details being sought, as all the 36 states also have clear legal obligations to provide the information as prescribed by the provisions of the Nigerian Constitution, and the African Charter on Human and Peoples’ Rights (Ratification and. Enforcement) Act.”

Meanwhile, no date has been fixed for the hearing of the suit.

SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

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Breaking: Release Tinubu records to Atiku, US court orders Chicago university

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Breaking: Release Tinubu records to Atiku, US court orders Chicago university

The United States District Court for the Northern District of Illinois has ordered Chicago State University to release the credentials of President Bola Tinubu to
former Vice-President Atiku Abubakar, candidate of the Peoples Democratic Party (PDP).

In a tweet by Inibehe Effiong, a human rights lawyer, on Sunday, October 1, disclosed that Judge Nancy Maldonado ruled in favour of Atiku and denied the appeal filed by President Tinubu.

According to the document shared by the legal practitioner, the court ordered the Chicago State University to release the documents by Monday, October 2. It must be completed on Tuesday, October 3.

Tinubu, in an appeal, had earlier got the nod of Justice Gilbert to stay the execution of the Magistrate court ruling that favoured Atiku.

But the PDP presidential candidate filed a counter-appeal on the judgment and was favoured by Judge Nancy Maldonado.

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