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Criminalising ransom payment will inflict jeopardy on helpless Nigerians- Lawyers

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Some lawyers in Kaduna on Thursday condemned the proposal to criminalise payment of ransom to kidnappers, contending that the law if enacted would inflict jeopardy on helpless Nigerians.
In separate interviews with the News Agency of Nigeria (NAN), the lawyers said the implication of the proposed law is that victims of kidnappings may be with their captors for long or they may even pay the ultimate sacrifice, death.
NAN reports that Sen. Ezenwa Onyewuchi had sponsored a legislative bill titled Terrorism Prevention (Amendment) Bill, which has passed its second reading.
The bill provides that: “Anyone who transfers funds, makes payment or colludes with an abductor, kidnapper or terrorist to receive any ransom for the release of any person who has been wrongfully confined, imprisoned or kidnapped is guilty of a felony and is liable on conviction to a term of imprisonment of not less than 15 years.’’
Mr Linus Nathan said that the government should address the root causes of extreme poverty that has increased insecurity in the country rather than criminalising ransom payment.
Nathan also advised the government to adopt technology to combat kidnapping and allied crimes, thereby giving felons no hiding space.
He said that the adoption of technology to fight crime would ensure that there are no ungoverned spaces in the country.
The lawyer further stated that resources and legislative energy for criminalising payment of random should rather be channelled into tackling the onslaughts of criminals on innocent citizens.
“Nigerians pay ransom because of the failure of the government to live up to the provisions of Section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria.
“Section 14(2) (b) provides that the security and welfare of the people shall be the primary purpose of government.”
He added that amendment of the bill may not yield better results in the fight against kidnapping because the government should be talking about very practical solutions before going into legislative activism.
Also, Michael David said that the reason why many pay ransom was because the security agencies were handicapped in getting intelligence to nip crimes in the bud.

He said that the government which dialogues, grants amnesty and pays huge sums of money to repentant’ terrorists to appease them to desist does not have moral right to criminalise payment of ransom.
David stated that that the proposed amendment bill would traumatise victims of kidnap rather than help them and their loved ones
“Nigerians have been left at the mercy of criminals without the government and security agencies being able to rescue them.
“They are left with no options, parents and relatives of kidnap victims negotiate with bandits to secure the freedom of their loved ones.
“This cannot be our priority, our priority is for governments at the Federal, State and Local levels to redouble efforts of tackling the root of the problem.
“Government needs to work extra hard in dealing with the proliferation of arms in the country, especially in the hands of non-state actors, David stated.
Another lawyer, Hannatu Musa, said the bill had ignored the grueling pains that families of kidnapped persons go through during the interregnum when their loved ones are kept in unlawful captivity by outlaws.
Musa stated that the position of the 1999 Constitution (as Amended) mandates the government to secure lives and properties, but going a step further by imprisoning those who pay for the release of their loved one is simply over-reacting.
She said that it was the responsibility of the government to secure the lives and properties of her citizens from the hands of villains who kidnap for ransoms, and not punish those who pay ransom for the release of their loved ones.
Musa called on the government to deploy more resources into the security agencies in order to secure its citizens and tackle insecurity in the country.(NAN)

Judiciary

Court Issues Injunction Against Enugu APC Leadership, Bars Them from Official Roles

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An Enugu State High Court has issued a ruling prohibiting Ugochukwu Agballah and nine other individuals from acting as officials of the All Progressives Congress (APC) in the state.

The court order, signed by Deputy Chief Registrar J. I. Agu, was granted in response to a suit filed by several APC members including Nwafor Alphonsus Onyeachonam, Acting State Chairman, and Chief Michael Ezeanyawu, State Publicity Secretary, among others.

The injunction bars the following individuals from holding or presenting themselves as party officials: Ugochukwu Agballah (State Chairman), Chief Augustine Alumonah (Deputy Chairman), Jude Chinedu Aniogbo (Treasurer), Moses Emeka Eze (Organizing Secretary), Barrister Sunday Ugwoke, Ugwu Christian Kanayo, Eze Chidiebere Johnson, Queen Charles, Onyekachi T. Ezeagu, and Comrade Idoko Chikadibia.

The order also restricts them from conducting any party meetings, accessing the APC state party account, or using the party’s secretariat located at No. 598 Bishop Onyeabor Street, Enugu.

This legal action follows the recent suspension of Agballah and other key executives by the APC state executive council, who were accused of misusing their positions. The court’s decision aims to prevent further interference with the APC’s state operations until the case is reviewed on August 13, 2024.

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Judiciary

National policy on justice reform not negotiable, says AGF Fagbemi

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By Kenneth Atavti

The Minister of Justice, Lateef Fagbemi, has declared that the justice sector under his watch would continue to push for mutuality in the formation and implementation of the national policy on justice reform in the country.

Fagbemi, made the declaration at the 2024 National Judicial Summit on Justice Sector on Wednesday in Abuja, with the theme: `Repositioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”.

Giving a brief history on how the national judicial summit was born, Fagbemi said the idea was conceived in 2017 with the aim of providing a veritable platform for analysing, reviewing and accessing issues affecting the Administration of Justice in Nigeria.

“In furtherance of the above, we are developing draft constitution amendment bills which are aimed at achieving the aims of improved access to justice, deepening the independence and capacity of the judiciary, and eliminating delays in the administration of justice, among others.

“Justice Sector Summits were held in 2017 and 2022 and this summit offers us an opportunity to assess the successes recorded and challenges faced since these last summits.

“Specifically, it enables us to measure the impact of the reforms initiated by the National Policy on Justice (2017 – 2023), in the key areas of administration of justice: law enforcement, judicial proceedings, correctional services, restorative and traditional justice, legal education and practice, etc.

“At this summit we will validate and adopt the revised National Policy on Justice, 2024-2028 which is the product of extensive research work and consultations undertaken by critical stakeholders in the Justice Sector.

“Although, the draft policy itself is an ambitious document which aims to serve as a catalyst for the transformation of the entire justice system in Nigeria’’.

According to him, this is an opportunity to have a comprehensive assessment, review and consideration of issues militating against effective administration of justice in Nigeria.

“There will be a well-articulated broad road map of initiatives, actions and responsibilities for addressing and repositioning the justice sector to effectively and efficiently discharge its duties in enhancing national security: upholding the rule of law, promoting the protection of human rights, democratic principles and the socio-economic development of our nation.

He highlighted some of the key interventions proposed to be pursued in the Revised National Policy on Justice, 2024.

The policy, he said, seeks to promote and protect human rights and access to justice which are essential features of a functional justice system.

He also said it proposes practical and sustainable interventions in the implementation of statutory provisions encouraging protection of human rights and access to justice.

“It also seeks to improve mechanisms for fair and speedy dispensation of justice; detention and correctional services; restorative justice; alternative dispute resolution (ADR) – developing Nigeria into an arbitration hub on the continent; commerce and economic activities; compliance with treaty obligations; synergy and cooperation across the justice sector; and independence of the judiciary; among others,” he said.

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Judiciary

Court remands 2 men for allegedly stealing items worth N338,000.

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A Surulere Chief Magistrates’ Court on Thursday remanded Ifeanyi Ashonu, 24, and Chika Nweigwe, 21, in Ikoyi Correctional Centre for stealing items worth N338,000.

The Magistrate, Mrs M. I. Dan-Oni, remanded the defendants after they pleaded guilty to a three-count charge of break-in, conspiracy and stealing.

Dan-Oni adjourned the case until July 8 for facts and sentence.

Earlier, the Prosecutor, Insp. Courage Ekhueorohan, told the court that the defendants committed the offences on June 6 at Akorede Warehouse Extension, Ijeshatedo, Surulere, Lagos.

Ekhueorohan said that the defendants broke into the shop of the complainant, Mr John Agala, and stole four laptops and three DVD players.

“They stole an HP laptop worth N50,000, Dell laptop valued N60,000, one Sony Ore 3 laptop worth N100,000, one Paca Bell laptop worth N65,000 and three DVDs worth N18,000,” Ekhueorohan said.

He said that the offences contravened Sections 287, 309 (2) and 411 of the Criminal Law of Lagos State, 2015.

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