Nnamdi Kanu appeals against trial court’s ruling – Newstrends
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Nnamdi Kanu appeals against trial court’s ruling

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Nnamdi Kanu appeals against trial court’s ruling

The detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has appealed against the decision of a Federal High Court (FHC), Abuja dismissing his objection to his trial continuation.

Kanu, in a notice of appeal dated and filed March 28 through his team of lawyers led by Aloy Ejimakor, prayed the Court of Appeal, Abuja to allow the appeal and set aside the trial court’s decision.

The News Agency of Nigeria (NAN) reports that the IPOB leader had filed a preliminary objection seeking an order for some conditions to be met by the Federal Government before his trial at FHC could proceed.

He had alleged that the Department of State Service (DSS) personnel often seized documents of his lawyers during visitation, stopped his lawyers from taking notes, eavesdropped on his consultation with his lawyers on matters pertaining to his defence, among others.

He alleged that he had not been given adequate time and facilities to defend himself in accordance with Section 36(6)(b) of the 1999 Constitution (as amended).

But Justice Binta Nyako of a FHC had, in a ruling on March 19, declined to grant the objection of the detained IPOB leader.

The judge, who ordered accelerated hearing of the trial, also dismissed his application for bail.

However, Kanu, in the notice of appeal, listed the Federal Republic of Nigeria as the sole respondent.

He argued that the trial court erred in law when the court assumed jurisdiction to proceed with the hearing of the criminal trial against him when he was glaringly denied the constitutional right to fair trial.

He alleged that he was denied adequate facilities to prepare for the defence of the criminal allegations against him and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice.

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“The denial of the appellant (Kanu) the opportunity to interact and brief his counsel on what line of defences the appellant tends to agitate in the trial court and rely on was adequately brought to the attention of the trial court by motion.

“The trial court failed and neglected to make necessary orders that would protect the appellant’s aforesaid rights but rather held that the court cannot dictate how the respondent carries out its work,” he said.

He said the trial court had the power to order the respondent to cease and desist from interfering with his constitutional right.

Besides, Kanu said the lower court had the power to order an alternative custodial arrangement or non-custodial arrangement for him, where it is impossible for the respondent to comply or where the respondent persists in the act.

He said: “Denial of the appellant’s right to adequate facilities to prepare defence as enshrined in Section 36 (6) (b) of the 1999 Constitution is a jurisdictional issues in the absence of which the trial court cannot assume or proceed with the jurisdiction over the case unless and until such facilities are accorded to the appellant.”

Kanu argued that though he had prayed the court to stop the DSS alleged unconstitutional acts of forcibly seizing and photocopying confidential legal documents brought to him by his lawyers meant for his defence of the charges against him, the court declined to grant the plea.

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He said the trial judge erred in law when the court ordered for accelerated hearing despite the consistently refusal of the respondent to afford him the right to adequate facility to prepare for his defence of the charges levelled against him and his right to counsel.

According to him, the order for accelerated hearing of the case in face of the constitutional breaches of fair hearing/trial rights of the appellant is a credence to the respondent to proceed on the unconstitutional denial of the appellant his right to adequate facilities to prepare for his defence and his right to counsel of his choice.

“In the present case, where Sections 36 (6) (b) and (c) of the Constitution are violated by the respondent against the appellant, the trial court lacks the jurisdiction to hear and or proceed with the hearing of the case,” he added.

The IPOB leader, therefore, prayed the appellate court to allow the appeal, vacate the ruling of the lower court for the trial court to decline jurisdiction to proceed with the hearing of the case unless and until he is granted his right to fair hearing under Section 36(6)(6)(b) and (c) of the constitution.

Alternatively, he urged the Appeal Court for the trial court to order an alternative custodial or non-custodial arrangement free of interference with his said constitutional right to fair hearing.

He equally sought an order setting aside the order for accelerated hearing of the case in the circumstances of the case where he is not allowed facilities to prepare for the defence of the charges against him and denied his right to counsel. .

Kanu sought a stay of proceedings pending when the respondent affords him the constitutional safeguards of being afforded adequate facilities to prepare for his defence and his unfettered right to counsel.

Nnamdi Kanu appeals against trial court’s ruling

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Social media, fake news constitute security threats globally – Ribadu

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Social media, fake news constitute security threats globally – Ribadu

 

National Security Adviser (NSA), Nuhu Ribadu, says negative use of the social media constitutes serious threats globally and should be given immediate security priority.

He spoke in Abuja at a meeting with spokespersons of organisations under the umbrella of Strategic Communication Interagency Policy Committee.

Ribadu also said the preponderance of fake news, misinformation, and disinformation were threats to national security and public engagement.

He stated, “Across the world, we have also assessed the adept use of social media platforms by those who seek power to shape public opinion against citizens.

“This threat is both global and local and presents an immediate national security priority.

“The urgency to prepare and be proactive in our national security strategic communication management is now, and the spokespersons have a critical role to play.”

He urged media managers in the defence, security and response agencies to change their approach in engaging with the public and countering disinformation from enemies of the country.

Ribadu disclosed that the National Security Strategy (NSS) was last reviewed in 2015, a situation that gave rise to the launch of the 2019 version, which he said was now under review.

The NSS document is reviewed every five years in view of the changing dynamics of security threats in the country.

Ribadu said members of the Strategic Communication Interagency Policy Committee must be proactive and strategic in national security communication management.

He said the spokesmen in the security sector must address the worrying use of the media and social media platforms in creating division between the citizens and governments at various levels.

Ribadu asserted that the National Security Strategy 2019, currently under review, identified strategic communication as an element of national power.

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Fuel Scarcity: Lagos warns stations against causing traffic gridlock

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Fuel Scarcity: Lagos warns stations against causing traffic gridlock

The Lagos state ministry of transportation, on Monday, warned petrol stations against causing traffic gridlock while dispensing fuel to customers.

Bolanle Ogunlola, deputy director, public affairs, Lagos state ministry of transportation, gave the warning in a statement in Lagos.

“In the face of the current fuel scarcity, we appeal to fuel stations that have fuel to dispense in the metropolis to ensure that queues of vehicles waiting to obtain supplies do not obstruct the free flow of traffic.

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“The Ministry of Transportation views with great concern the disruption of traffic flow by patrons at fuel stations, as the resulting gridlock adversely affects the economic activities of individuals and corporate bodies.

“The ministry, while advising operators of fuel stations to be orderly by ensuring that their patrons do not constitute any clog to the free flow of traffic, further warns against being sanctioned for non-compliance,” she said.

Ms Ogunlola said that the state’s law enforcement agencies were on surveillance to enforce compliance.

She added that the ministry would continue to monitor the traffic situation, while calling on the general public to report fuel stations disrupting movement through its hotlines.

Fuel Scarcity: Lagos warns stations against causing traffic gridlock

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Air Peace gets court order to answer queries on aircraft operations

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Air Peace gets court order to answer queries on aircraft operations

A Lagos State High Court has ordered Air Peace to respond to questions brought by the Foundation for Investigative Journalism in a libel suit No. LD/ADR/4833/23 filed by the airline on October 12, 2022, regarding its aircraft operations from Lagos to Anambra State.

Air Peace insisted that it followed safety standards and practices in accordance with relevant regulations and policies.

It questioned the FIJ’s interrogations of its aircraft and flight operations, calling them “scandalous and irrelevant” to the libel case.

FIJ was dissatisfied with Air Peace’s responses to the queries and filed an application to compel them to adequately explain the objections.

Justice Kudiarat Jose upheld the argument of FIJ, represented by its counsel, Abimbola Ojenike and Jesulayomi Oyelami of Slingstone LP, stating that the questions requesting the details of the first two aircraft designated to convey passengers were relevant to the facts in issue, related to the defendant’s case, and capable of proving that the defendants were correct.

As a result, the court ordered Air Peace to respond to questions 1, 4, and 7 of the defendant’s interrogation within seven days of receiving the order.

The questions are: ‘Provide a comprehensive description and specification of the aircraft 5N-BUL initially scheduled for the operation of Flight P47336 on October 12, 2022. The description should include the make, year, engine type, and service information, including the most recent aircraft maintenance checks conducted prior to Flight P47336 on October 12, 2022, particularly but not limited to any faults or repairs on the systems.’

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The airline is also to: ‘Provide comprehensive specifications of the technical issues discovered in the course of operation of Flight P47336 and the circumstances that led to the change of the aircraft from 5N-BUL to 5N-BQQ.’

The court also ordered the airline to: ‘Provide the comprehensive descriptions and specifications of the aircraft 5N-BQQ initially onboard the passengers for the operation of Flight P47336 on October 12, 2022.

‘The description should include make, year, engine type, and service information, including the most recent aircraft maintenance checks conducted prior to Flight P47336 on October 12, 2022, particularly but not limited to any faults or repairs on the systems.

The claim was deferred until May 23, 2024, for additional proceedings.

In October 2022, FIJ stated that passengers on an Air Peace flight from Lagos to Anambra escaped death after the engine failed three times at the takeoff point.

According to FIJ, the aircraft was supposed to take off at 11 a.m. but was delayed for two hours when the airline’s management announced that the jet originally booked for the Anambra flight had suddenly acquired an issue.

“The engine stopped three times, and there was no explanation until passengers asked to be allowed to leave the plane. The captain only gave a vague explanation when the passengers expressed their concerns. He said the DAC or something similar to that went off on us,” FIJ had quoted one of three sources as saying.

“This was supposed to be a substitute plane as the first couldn’t be used for technical reasons. If this lackadaisical attitude continues, I fear they may record a crash soon. If we had flown today, we likely would have crashed.”

Air Peace then filed legal action against FIJ, seeking N50 million in damages, N250 million in aggravated damages, and N5 million in legal fees.

Air Peace gets court order to answer queries on aircraft operations

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