Law
Train Attack: SERAP sues Buhari over kidnapped victims’ prolonged stay in terrorists’ den
Train Attack: SERAP sues Buhari over kidnapped victims’ prolonged stay in terrorists’ den
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the regime of the President Muhammadu Buhari, over what it described as “the failure to protect the rights to life, security, and dignity of the victims of the Abuja-Kaduna train attack, and the failure to secure the safe release of those held captive by the terrorists.”
Terrorists had on March 28 attacked the AK9 Abuja–Kaduna train, killing at least nine people, wounding several others, and abducting an unknown number of passengers. The victims have remained with the terrorists for a month, despite repeated appeals for the government to free them from captivity.
SERAP said the suit filed by its lawyers Kolawole Oluwadare and Opeyemi Owolabi followed reports that the Federal Executive Council failed to approve funds for surveillance equipment that could have helped to prevent the train attack.
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In the suit No ECW/CCJ/APP/20/22 filed last week before the ECOWAS Court of Justice in Abuja, SERAP is seeking “a declaration that the train attack, abductions and killings of passengers by terrorists amount to a failure by the government to protect Nigerians, and to prevent these grave human rights violations.”
SERAP is also seeking “an order directing the Buhari government to protect, promote, and fulfil the human rights of Nigerians, including travellers across the country, by ensuring adequate security and taking measures to prevent attacks.”
SERAP is seeking “an order directing the Buhari government to urgently find and identify all the passengers, victims and their families, and to pay adequate monetary compensation of N50 million to each of the passengers and victims and their families.”
In the suit filed together with an application for an expedited hearing, SERAP is arguing that “The Buhari government has a legal duty to protect individuals from real and immediate risks to their lives and security caused by actions of third-parties such as terrorists.”
SERAP is also arguing that “A fundamental notion of contemporary human rights law is that victims of violations such as the victims of the Abuja-Kaduna train attack enjoy an independent right to effective remedies. Rights without remedies are ineffectual, rendering illusory the government’s duty to protect such rights.
“The Buhari government has failed to protect the constitutionally and internationally guaranteed rights of the victims of the train attack to life, dignity, and security, and their right to an effective remedy.”
No date has been fixed for the hearing of the application for an expedited hearing, and the substantive suit.
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
By Our Reporter
The National Industrial Court sitting in Abuja has declared Barr. Muhuyi Magaji Rimingado, the suspended Chairman of Kano State Public Complaints and Anti-Corruption Commission, as the Substantive Chairman of the agency.
This is contained in a judgment delivered by the court, presided by Justice Oyejoju O. Oyewumi in Abuja.
Barr. Muhuyi Rimingado had instituted a case before the court challenging his illegal and indefinite suspension from office since July 2021, for rejecting the posting of a GL4 officer as an accountant to the commission and other sundry investigation activities involving the first family of Kano State.
Justice Oyejoju Oyewumi ruled that up till date the appointment of the Claimant by Governor Abdullahi Umar Ganduje has not been terminated because no further action or letter of termination of appointment has been given to the complainant, hence Rimingado remains the chairman.
The court further ordered the 1st defendant in the suit (Kano State Government) to pay the Claimant (Rimingado) the sum of N5,713,891.22, being his 17 months salary arrears from the date of his suspension to the date of the judgment (Dec. 14, 2022). The court added the complainant should be paid his monthly salary from the day of the judgment to the date of his reinstatement.
According to the judgment sighted by our correspondent, the suspension letter of the claimant did not specify with or without salary.
Justice Oyejoju Oyewumi also ruled that the suspension of Barr.Muhuyi Rimingado should not be a permanent deprivation of right, unlike termination which required giving the employee an opportunity of being heard.
The court however struck out the relief of Barr. Muhuyi Rimingado to quash his suspension because of a similar case pending before a Kano High Court.
The court also faulted the harassment and intimidation of the embattled anti-corruption czar by the Kano state police command where he was arrested with a warrant that discloses no offence.
Justice Oyejoju Oyewumi viewed such molestation an act of impunity without legal justification and therefore restrained the commissioner of police (the 6th defendant) “perpetually from meddling in the affairs of the claimant in any matter affecting his work place”.
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
By Bodunrin Kayode
The Jos Division of the Federal High Court has dismissed a suit filed by Amb. Yohana Margif seeking the court to declare him as the lawful candidate of the Labour party.
With this development Dr Patrick Dakum was declared as the legitimate Gubernatorial candidate of the Labour Party (LP) in Plateau State for the upcoming 2023 General Elections.
Justice Ageshi affirmed that Margrif withdrew his candidature by virtue of the documents tendered by Dr. Dakum in court.
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
A Federal Capital Territory (FCT) High Court, Abuja, has adjourned a N1 billion defamatory suit filed by Dr. Gabriel Ogbechie against Mr. Ned Nwoko until Feb 27 for hearing.
Justice Chizoba Oji adjourned the matter after counsel for the parties stated their positions on their resolved to explore an out-of-court settlement.
When the matter was called for hearing, Ogbechie’s counsel, Ekemejero Ohwovoriole, SAN, informed the court that the out-of-court settlement had broken down as the defendant had not reached out to him since the last adjourned date.
But Onyeka Nwokolo, who appeared for Nwoko, told the court that he had not been able to proceed with the planned reconciliation because his client had been indisposed.
Nwokolo, who said that he discussed the possibility of the settlement with his client, said he was still convinced that the window for settlement could still be explored.
He admitted that he had not been able to communicate the outcome of their discourse with the claimant’s lawyer.
Ohwovoriole, however, disagreed with Nwokolo’s submission, stating that the defendant had 180 days from May 30, the last adjourned date, to explore the avenue.
The lawyer said he was ready to proceed with the case.
Justice Oji agreed with the submission of Ohwovoriole and called for commencement of hearing in the suit.
She however advised both parties to explore the out-of-court-settlement option before the next hearing date.
The judge adjourned the matter until Feb. 27 for further hearing or report on the outcome of the reconciliation.
Ogbechie, in the writ of summons marked: CR/560/2021, had sued Nwoko as sole defendant.
In the suit, Ogbechie is claiming, among others, a retraction of the defamatory publication allegedly made by Nwoko, a written apology and the sum of N1 billion as damages.
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
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