Suspected Killer Child-Bride Begs Court: ‘Set me free!’

Wasila Umar, 14, the child-bride suspected to have killed her husband at Yansoro village, Kademi general area of Gaya local government council of Kano State broke down in tears while pleading with the trial judge handling her case at the juvenile court to set her free because she was home sick.

Wasila rhetorically asked why she had been held by the authorities in a place where she had no access to her loved ones over the past weeks.

The child-bride’s dilemma underscored the state of confusion she found  herself in following her detention by the police culminating in her appearance before the juvenile court.

Between April 1 and May 21 that she appeared before the court,  in Kano, she had variously been a guest of three detention centres located in Kano and Gaya .
Interestingly, her situation attracted the attention of human right activists, including the Federation of Women Lawyers in Nigeria which practically took over her  upkeep and defence.

The women lawyers group protested the arraignment of the suspected  killer child-bride before a magistrate court, forcing the Kano State Judicial Council to transfer Wasila’s trial to the juvenile court.

The letter of transfer of the trial dated April 30, 2914, and signed by one Sani Shehu for the Registrar, Kano State High Court of Justice, obtained by Sunday Vanguard, was entitled, “Commissioner of police versus Wasila Umar, a juvenile accused of poisoning her husband and three others.”

“The Chief Registrar has directed that the above headlined matter which was pending before  Magistrate Court 34, Rijiyar Zaki , Kano is now transferred for continuation at the Juvenile Court to its conclusion”, the letter said.

That marked the beginning of the trial of the teenager who had been away from her Kaura village for 51 days.

‘Strange land’
However, in an exclusive chat with Sunday Vanguard before her arraignment at the juvenile court, Wasila revealed: “I miss my mum who has not been allowed to visit me in a strange land.

“What, however, keeps me going is the fact that my family are with me at this critical point in my life, and I am highly comforted by their prayers”.
According to her,  “my dad and aunt visited me a few days ago and conveyed my mother’s message but the vacuum created by  her absence can not be filled by anyone.

“I have been receiving help from the people I did not know from Adam, I mean women who have shown concern, and cater for my needs at the remand home where I have been detained by the authorities.

“I know for sure this trial will come to an end one day and I would reconcile with my family”.

Meanwhile, Wasila’s dream of reuniting with her family one day might be a pipe dream.  In the event she wins the case against her by the state, she might not have a home to return due to the tension generated in her in-law’s Yansoro village by her alleged killing of her husband and three friends.

Bitterness
Sunday Vanguard’s visit to  the village unveiled a picture of bitterness by her in-laws who viewed her action as wicked and could not be forgiven.
The journey to Yansoro was rough; no access road, no school, no health centre, no pipe borne water.

The village is a classical example of  neglect and leadership failure. Yansoro is a village cut off from civilization. An interview conducted with Wasila’s father-in-law at the city centre attracted a crowd comprising of the young and the old who constantly interjected to voice out their anger.

Sani Garba, the late Umar’s father, told Sunday Vanguard: “I am talking to you with a heavy heart, because I am still nursing a fatal injury handed over to me by my daughter-in-law.”

“Do you know that I lost three children to her action and you are asking whether I have forgiven her? The act was too painful to be forgiven  and I don’t think I can forgive her”.

Shedding  light on the relationship between the child- bride and her late husband, he said, “They  courted for 12 months and my son spent a fortune on her.  The fact remains that the duo were no strangers to each other and it pains me the more when people try to cook up the  forced marriage theory”

Garba, believed to be in his early 60s, went on: “We understand the authorities have taken over the case, but whether they choose to stand by the truth remains their headache for I have since gone to my God who is sufficient for me.”

The crowd that converged at the city centre during the short interview appeared satisfied with the old man’s responses to questions and gave him a round of applause.

But one was clear from the interview, the deep seated anger they demonstrated during the encounter was a reminder that they could go to war to settle scores.

Absolute grief
However, the atmosphere at Wasila village, Kaura, adjacent to her in-law’s was that of grief. Like their counterparts at Yansoro, the residents live a life worse than slavery.

Wasila’s father, Tasiu Muhammad, told Sunday Vanguard: “What happened left a sour taste in our mouths but we don’t have to abandon the little girl.  That is why I identify with her at this moment of trial”. Tasiu linked the alleged action of her daughter to destiny which could not be prevented.

“In such situation, we only look onto Allah for divine intervention“, the father said. “What has happened came with a fatal consequence on my family, and I have visited my in-laws in the company of my kinsmen to seek for their forgiveness on behalf of my daughter”.

Commenting on their involvement,  the chairperson of the Federation of Women Lawyers in Kano, Hussaina Aliyu, revealed that no formal charges had been preferred against Wasila, stressing that the trial judge had fixed June 16 for mentioning.

Lawyers kick against payment of taxes by religious organisations

Some prominent lawyers in Lagos on Thursday kicked against the payment of taxes by religious organisations in the country.

Delegates at the ongoing National Conference in Abuja had on Wednesday voted in support of taxing both churches and mosques.

The lawyers told NAN that the move by the conference was a clear misplacement of priorities.

A human rights lawyer, Mr Bamidele Aturu, said the delegates should focus on important issues that would foster the unity and development of Nigeria.

Aturu said it was the duty of the National Assembly to promulgate such laws, adding that the non-payment of taxes by religious organisations was not an issue in Nigeria.

“For me, it is a misplacement of their priorities and they are only going to create more controversies which may make their report unacceptable at the end of the day,” he said.

Another lawyer, Mr Wale Ogunade, said the conference should address issues such as unemployment, poverty, corruption and national unity.

Ogunade said: “This is just a diversion because there are more pressing issues. The government has not exhausted the money being generated from oil and other mineral resources.

“The delegates should be concerned with how to make the government accountable to Nigerians on how our resources are being spent.

“By doing this, many Nigerians, including churches and mosques, will voluntarily start paying their taxes”.

On his part, Mr Uche Edeh, a Lagos-based lawyer, said taxing religious organisations could lead to crisis because it would be difficult to enforce.

Edeh advised Nigerians to exercise caution on the issue in order not to heat up the polity.

Mr Adebamigbe Omole, a former Chairman of the Ikeja branch of the Nigerian Bar Association, however, supported the recommendation of the conference.

“I am in total support because some of the religious centres have been commercialised.

“They are making so much money and I think the best thing for us to do is to make them to pay taxes because the government needs money,” he said. (NAN)

Federal High Court declares executive interference with judicial funding unconstitutional

The Federal High Court sitting in Abuja on Tuesday last week, declared unconstitutional the Executive interference with judicial funding.

The decision handed down by Justice Mohammed, held that the continued dependence of the judiciary on the Executive Arm for its Budgeting and funds release violates Section 81 (2) and Section 84(1), (2), (3), (4) and (7) of the 1999 Constitution of the Federal Republic of Nigeria.

It would be recalled that on February 7th, 2013, Dr. Olisa Agbakoba SAN (the Plaintiff), approached the Court to challenge the present appropriation practice whereby the Judicial Arm of Government is dependent on the Executive Arm of Government for judicial estimates and funding.

In the suit, Agbakoba sought the following reliefs which were all granted by the Court:

1. A Declaration that by Section 81 (2) and Section 84(1), (2), (3), (4) and (7) CFRN 1999 the remuneration, salaries, allowances and recurrent expenditures of the Judiciary, being constitutionally guaranteed charges (or “First Charge”) on the Consolidated Revenue Fund of the Federation, DO NOT form part of the estimates to be included in the Appropriation Bill as proposed expenditures by the President as is the present practice.

2. A Declaration that by virtue of the constitutional guarantee of independent funding of the judiciary under Section 81 (1), (2) and (3) (c) and Section 84(2), (3), (4) and (7) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), the 2nd Defendant ought NOT to send its annual budget estimates to the Budget Office of the Executive Arm of Government or any other Executive Authority as is the present practice BUT ought to send the estimates directly to the 3rd Defendant for appropriation.

3. A Declaration that by virtue of Section 81 (3) CFRN 1999, any amount standing to the credit of the Judiciary in the Consolidated Revenue Fund of the Federation ought NOT be released to the Judiciary in warrants or other means through the Federal Ministry, the Budget Office, the office of the Accountant General of the Federation or any other person or authority in the Executive Arm as is the present practice, BUT to be paid directly in whole to the 2nd Defendant for disbursement.

4.  A Declaration that the continued Dependence of the Judiciary on the Executive Arm, represented by the 1st Defendant for its Budgeting and Funds Release is directly responsible for the present state of under-funding of the Judiciary, poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the Judiciary, delays in administration of justice and judicial services delivery and general low quality and poor out-put by the Judiciary.

5.  A Declaration that the present practice on Judiciary funding by the Defendants, which is DEPENDENT on the Executive Arm in budgeting and release if funds IS in violation of section 81 (2), (3) (c) and 84(2), (7) CFRN 1999 and therefore unconstitutional, null and void.

6. Perpetual injunction against the Defendants from all practices on Judiciary funding which run contrary to Sections 81 (2) (3) and 84(2) (7) CFRN 1999, to wit, submitting Judiciary’s estimates to the Executive instead of directly to the 3rd Defendant and release of the Judiciary’s fund in warrants by the Executive instead of directly to the 3rd Defendant for disbursement.

7.  A Consequential Order, restraining the 1st and 3rd Defendants from appropriating the funds for the Judiciary in the Annual Appropriation Act.

8.    A Directive that the 2nd Defendant shall prepare the Judiciary’s annual estimate as charged upon the Consolidated Revenue Fund of the Federation and submit it to the Accountant General of the federation for Constitutional Transfer to the 2nd Defendant.

This has been described as a major victory for the Judiciary.

Nigerian Bar agog with campaign activities as NEC lifts ban

With the ban on campaigns lifted for the 2014 NBA National officer’s elections, the Nigerian bar is once again agog with campaign activities with aspirants’ manifestos and declarations flying around.

The pronouncement lifting the ban was made at the just-concluded National Executive Committee meeting which held in the Federal Capital Territory, Abuja May, 15, 2014.

Some campaign programs, declarations and manifestos sighted this week include those of Austine Alegeh, SAN, Adefunke Adekoya SAN and a few others.

Alegeh who wrote formally to colleagues shortly after the ban was lifted, declared his intentions to contest for the office of the President of the bar. He expressed a desire to provide quality and selfless service to the Nigerian bar, urging members to accept his offer for positive developmental change to the association.

 In the same vein, Former First Vice President of the NBA, Funke Adekoya, SAN has also urged delegates at the forthcoming Nigerian Bar Association

(NBA) Delegates Conference in Abuja to elect her as the next NBA President, stating the bar would not regret that choice.

In her campaign Manifesto which outlined how she plans to turn NBA around, Adekoya who is a former NBA 1st Vice President said her administration would revolve around a 3-point Agenda aimed to tackle

Human Resource Development, Organisational Development, as well as Institutional and Legal Framework Development.

She observed that non-accountability of the leadership to the electorate has become the bane of modern leadership, assured members of the bar that her administration would be accountable and responsive to the yearnings of NBA members and stakeholders. “If elected with your mandate, I will fulfill the specific pledges that I have outlined above.”

She added: “There is no better time than now to elect a female NBA President to replicate at the Bar the giant strides done by the first female Chief Justice of Nigeria at the Bench. If we all are agreed that things have to be done differently, then I can tell you without equivocation that the time to elect a female NBA President is now. It is an idea whose time has come.”

The NBA National Executive Committee at this meeting also approved the 14th and 15th of July, 2014 as the dates for the elections which would hold in the city of Abuja.

As part of its deliberations, the ExCo called on the National Assembly to pay more attention to the business of law making, particularly with the life of the 7th Assembly coming to an end, and many Bills are bogged down in the process of being passed into law, and will all lapse at the end of this 7th Assembly.

The National Executive Committee (NEC) of the Nigerian Bar Association, the 2nd highest decision making organ, second only to the Annual General Meeting (AGM), meets quarterly to deliberate on representative, regulatory, and public interest roles of the Nigerian Bar Association.

The Committee is made up of all National officers, Past Presidents, Past General Secretaries, Branch Chairmen and Secretaries, Branch NEC Representatives and eminent Bar Leaders and Senior Advocates of Nigeria, who are Co-opted as members of NEC, discussed issues bordering on national security, legal transformation, legal education, the legal profession, economic development, independence of the judiciary, good governance and the state of the nation generally.

Appeal Court frees ex-M-Tel chief

The Court of Appeal in Abuja has discharged and acquitted a former Chief Executive Officer of M-Tel, Edwin Moore Momife, for allegedly receiving bribes from German telecommunications, firm, Siemens Limited.
Momife was charged with three others for the alleged offence.
The court, in a unanimous decision, held that Momife had no case to answer, adding that the Economic and Financial Crimes Commission (EFCC) ought not to have subjected him to a trial because no offence known to law was established against him.
Justice Tinuade Akomolafe-Wilson, who read the judgment, held that the Siemens officials, with whom Momife was said to have conspired, were not charged even when they were not said to be on the run.
The court held that the accused could not have conspired with himself.
The court also held that even though the accused admitted receiving flight tickets from Siemens, there was no relationship, business or otherwise between Siemens and the accused.
It said the offence of receiving a bribe without value consideration was not sustainable.
The Appellate Court set aside the decision of Justice Danlami Senchi of an Abuja High Court, which held that the former M-Tel chief had a case to answer.
Momife was charged with a former Director of the Power Holding Company of Nigeria (PHCN), Maigada Shuaibu; an ex-General Manager of Finance in the defunct Nigerian Telecommunications Limited (NITEL), Emmanuel Chukwuemeka Ossai and a former Permanent Secretary in the Federal Ministry of Power and Steel, Mahmood Sadiq Mohammed, before an Abuja High Court sitting at Wuse Zone 2, for allegedly receiving bribes from Siemens Limited.
They all pleaded not guilty to the charges and were granted bail on self-recognisance by Justice Danlami Senchi.
In the 16-count amended charge filed against them by the EFCC, the four accused allegedly received for themselves and their family members air tickets to attend a FIFA World Cup in Germany, besides allegedly receiving frequent sponsored trips to Germany for medical check-ups.
The accused denied the charges.
The EFCC alleged that the company made an arrangement with a hospital at Stiftung Deutsche Klinik Fuer Diagnostik Gmbh, International Patientenservice, Aukammalle 33, 65191, Wiesbaden, Germany, where it said the accused persons and their relations visited frequently between 2002 and 2006.
The offences they allegedly committed were said to have contravened Section 96 of the Penal Code, Cap 532, LFN (Abuja) 1990 and punishable under Section 119 of the same code.
The Federal Government, before the arraignment of the accused, had withdrawn the charges filed against Siemens AG, its subsidiary in Nigeria and four of its principal workers involved in the alleged bribery scandal.
The Federal Government withdrew the case against the company after it agreed to pay a fine of N7 billion to the government.

Rivers accuses NJC of interference in its judiciary

Plans to appoint Okocha CJ’
The Rivers State Government has raised the alarm on the surreptitious move by the National Judicial Council (NJC) to appoint, through the back door, Justice Daisy Wotube Okocha as the Chief Judge of the state.
It also revealed the plan by the NJC to direct all the judges of the Rivers state judiciary to accept directives and instructions from Okocha, in CJ’s capacity, but “clearly” against the judgment of the Federal High Court, Port Harcourt, which voided her recommendation by the NJC.
The administration of Rotimi Amaechi, also accused the NJC of continuing interference with the administration of justice in Rivers state.
The Rivers Commissioner for Information and Communication, Mrs. Ibim Semenitari, yesterday in Port Harcourt, called on Nigerians to hold the NJC and its leadership solely responsible for any breakdown of law and order in the state.
Daisy is the immediate elder sister of a former President of the Nigerian Bar Association (NBA), O.C.J. Okocha, SAN, who is a member of the NJC. Amaechi had inaugurated the most senior judge of Rivers judiciary, Justice Peter Agumagu, as the CJ.
Rivers government said: “The NJC, to disguise its disrespect for the law and give the impression that it is acting within the law, has planned to christen Justice Daisy Wotube Okocha as an ‘Administrative Judge’ with powers to perform the functions of the Chief Judge, especially the assignment of cases.
“The Rivers State Government wonders what special interest the Chief Justice of Nigeria (Justice Aloma Mariam Mukhtar) in person and the NJC in general, have in Rivers State and its Judiciary, as to contemplate such obviously unconstitutional and illegal act against the state judiciary, which act is also contemptuous of a Federal High Court’s judgment, which has voided NJC’s recommendation of Justice Daisy Wotube Okocha for appointment as Chief Judge of Rivers State.
“The Rivers State Government wishes to state that by the State’s High Court Law, it is the Chief Judge that has powers to distribute the business of courts, (otherwise popularly known as assignment of cases), to Judges and not any other person, whether known as Administrative or Most Senior Judge as the NJC wishes to contrive.
“The contraption and contrivance known as ‘Administrative Judge’ to perform the functions of a State Chief Judge is unknown to both the Constitution of the Federal Republic of Nigeria and the Rivers State’s High Court Law.”
Amaechi’s administration also reiterated that all issues pertaining to the matter of Justice Okocha and her desire to be the CJ of Rivers state, with the active support of the NJC, were subject of litigation in various courts, including the one Justice Okocha appealed.
Rivers government said: “We demand that the NJC should obey the Nigerian Constitution (which vests appointment of judges, all category of judges, on the governor); obey the judgment of the courts (which judgment has voided its recommendation of Justice Daisy Wotube Okocha for appointment as the Chief Judge of Rivers State) and refrain from its continuing meddling in the administration of Justice in Rivers State, as it is clearly doing.
“Rivers State Government wishes to state that it shall administratively and legally use all ways and means known to law, including its powers under the Constitution and all other extant laws, to resist the over-aching desire and attempts by some politicians in the NJC, who hope to use their membership of the NJC to hijack the Rivers State Judiciary for their group’s political ends, while pretending to be politically neutral.
“We are constrained to call on Nigerians to hold the Body (NJC) and its leadership solely responsible for any breakdown of law and order, which its planned intermeddling with the administration of justice in Rivers State shall inexorably occasion.”
The Amaechi’s administration also stated that it held the NJC, as a body, in high esteem, especially because its members are eminent members of the learned profession of Law