Kenya presidential election cancelled by Supreme Court

Kenya’s Supreme Court has annulled the result of last month’s presidential election, citing irregularities, and ordered a new one within 60 days.

The election commission had declared incumbent Uhuru Kenyatta the winner by a margin of 1.4 million votes.

Raila Odinga, Mr Kenyatta’s opponent, said the commission was “rotten” and demanded resignations and prosecutions.

President Kenyatta said he would respect the court’s decision but also branded the judges “crooks”.

Other elections in Africa have been annulled or cancelled but this appears to be the first time on the continent that an opposition court challenge against a presidential poll result has been successful. Continue reading…….,

Advertisements

I Remain Head of Igbos in Ibadan and Oyo state-Eze(Dr.)Anozie

Recently, a group, Concerned Igbos in Oyo state,  alleged that it was against the principles of the rule of law and due process for a party to  the Igbo leadership tussle in Oyo state to continue parading  himself as the head of Igbos in the state, when the matter has moved from the state High Court to the Appeal court, Ibadan Division. In this interview with Federationews2day, a party to the matter, Eze(Dr.)Alex Anozie throws more light into the contentious issue, while advising Nigerians to be law abiding by respecting court judgment

i286823014261263069-_szt7_

Are you aware of any appeal against the Judgement of an Oyo state High Court, which affirmed you as the Head of Igbos ?

First and foremost, I am Eze(Dr.) Alex Anozie, the Eze Ndigbo of Ibadan and Oyo state and the Vice President Eze Ndigbo in Diaspora(South)  who was democratically elected Head of Igbos by Igbos in Ibadan and Oyo state, since 1997. On the issue of appeal, I am aware of it, but did they mention what that judgement stated  ?  That judgment stated that I am the only  head, leader of Igbos, call it whatever name, Onyendu, Ezendigbo or whatever, that I am the one, head of Igbos in Ibadan and Oyo state. The court asked the other person who was challenging me, to stop parading  himself as such, and up to this moment I am talking to you, no superior court has vacated that judgement. And as far as we know and we are law abiding citizens of Nigeria, the  judgment was given by a court of  competent  jurisdiction, and that judgment or ruling has not been vacated by any superior court, that judgment or ruling stands to be obeyed by every  law abiding citizen of the country. So, they went on appeal, about a month after the judgment, they went and slotted a notice of appeal, but the case is still in the Appeal court and the Appeal court has not vacated the judgment of that High court, neither did they succeed in getting any stay of execution against that particular judgment. Therefore, you must agree with me that all and sundry must obey that judgment, until any superior court  will ever vacate it,  by the special grace of God, I know that no superior court will vacate it, because truth will always  remain truth, no matter how much anybody try to bend it.

So, what is your position on the  Igbo leadership issue in Oyo state?

My position on the issue is that I am the one there, my people have said it, God first said it, my  people said it and the High court of competent jurisdiction confirmed it. And that is it,  I have been serving my people joyfully, my people are happy, the law abiding ones are happy, people who believe in the rule of law, people who believe in due process are happy about it, but people who do not believe in due process, people who think that unless they say it, it can never be, those people are not happy.  We have no apologies.

Are you aware of  the existence of the  group named, Concerned Igbos in Oyo  state ?

I am not aware of any such group in existence. I am sure that it is still the same group of people, who were defeated in the High court, that are coming up again, but as far as I know and as far as the Igbos in Oyo state are concerned, we are not aware of any  group called Concerned Igbos or whatever, we are not aware. And anything that concerns the Igbos in Oyo state, if I am not aware of it, Igbos  in Oyo state can claim that they are not aware of it. As far as God has said that I am the leader of Igbos in Oyo state, my people have said it and the court has also  said it, there is nothing left to argue about again.

 

Government Cannot Serve The People in A Divided House-Prof. Olagoke

Unfolding events indicate that the Nigerian Judiciary no longer has respect for the Executive arm of Government.

images

This assertion was made by the Founder and Spiritual Head of Shafaudeen worldwide, Wakajaiye, Ibadan, Nigeria, Prof. Sabitu Olagoke, in a chat with Federationews2day, in Ibadan.

”It is a case of bundles of contradiction, because the system of Democracy relys on the Judiciary, Legislature and the Executive. A situation whereby the Executive is  no more respected by the Judiciary, suggests that the house is already divided. And once you have a divided house,  there is no way you can serve the people as expected under Democracy”.

”Because the purpose of Democracy, is for us to be able to  have  peace and development  and the consequent security. So, now that the Judiciary is at war, because that is  means, with the Executive, it means the house of APC is collapsing. So, they must find solution to it, those who were  alleged and indicted, should continue to sit at home and ensure that they answer the queries given them, that is very essential, because Judges must realize that  the Almighty God is the Apex Judge, so in a nation where justice is not prevailing, then that nation will collapse, so, we have to be careful, most especially, they have to be mindful of the younger generation”, Prof. Olagoke concluded.

Justice Onnoghen Becomes 17th Chief Justice of Nigeria

img_20170307_111054-resized-800

Justice Walter Onnoghen was on Tuesday sworn in as the Chief Justice of Nigeria, by the Acting President, Professor Yemi Osinbajo.

Justice Onnoghen is the 17th Chief Justice of Nigeria.

The ceremony which took place at the Council Chambers of the Presidential Villa in Abuja,  included the taking of oath of office, by Justice  Onnoghen, who was also decorated with the national honour of the Grand Commander of Order of the Niger (GCON).

Grand Style

The Acting President urged the Chief Justice to  use his position to restore public confidence in the judiciary.

Dignitaries at the occasion included Senate President, Bukola Saraki, former Chief Justices, members of the Federal Executive Council, Justices of the Supreme Court and family members of the new Chief Justice.

Trump’s victory has enormous consequences for the Supreme Court

621791850

The political earthquake that hit Tuesday night has enormous consequences for the Supreme Court, swallowing up Judge Merrick Garland’s ill-fated nomination and dismantling Democratic hopes for a liberal majority on the high court for the first time in nearly a half-century.

In the short term, Republican Donald Trump’s victory means that at some point next year, the nine-member court will be restored to full capacity, once again with a majority of Republican-appointed justices.

Democratic attempts to filibuster Trump’s choice would likely lead Republicans to end that option for Supreme Court justices, just as Democrats did for other judicial nominations when their party controlled the Senate.

Trump’s upset victory likely changes the court’s docket as well: Court challenges to President Obama’s regulations regarding the Affordable Care Act and immigration, which have preoccupied the justices in recent terms, will likely disappear under a President Trump and a Republican-controlled Congress.

The long-term question will be Trump’s ultimate impact on the court’s membership, and whether he gets the chance to do more than choose the successor to Justice Antonin Scalia, who died in February.

Two of the court’s liberals, Justices Ruth Bader Ginsburg and Stephen G. Breyer, are 83 and 78, respectively. Moderate conservative Justice Anthony M. Kennedy is 80.

As long as those three stay, the court’s rulings on sensitive social issues — protecting abortion rights, affirmative action and gay rights, for instance — are secure.

“A lot of the big things are actually ones on which the court already has a so-called liberal majority,” Neal K. Katyal, the acting solicitor general under President Obama, said before the court’s term began last month.

Tuesday’s election assures that Kennedy will remain the court’s pivotal justice, for now. Trump has said he will draw his Supreme Court nominee from a list of 20 judges and one senator: Mike Lee of Utah. All appear to be more conservative than Kennedy, the court’s longest-serving justice.

Kennedy is the member of the current court most likely to be in the majority when the court splits 5 to 4 in its most controversial decisions. Most of the time, he sides with Chief Justice John G. Roberts Jr. and the court’s other remaining conservatives: Justices Clarence Thomas and Samuel A. Alito Jr.

But on some social issues, Kennedy sides with the liberals: Ginsburg, Breyer and Obama’s two choices for the court, Justices Sonia Sotomayor and Elena Kagan.

He joined them and wrote the majority opinion finding that gay couples have a constitutional right to marry; in fact, Kennedy has written all of the court’s cases protecting gay rights.

Last term, he wrote the decision approving the limited use of race in college admission decisions, and voted to strike down a Texas law that the court said imposed unnecessary burdens on a woman’s right to obtain an abortion.

But three of the five justices supporting those issues are the oldest on the court. Abortion rights advocates immediately sounded an alarm.

“President-elect Trump has publicly pledged to overturn Roe and promised punishment for the one in three American women who will have an abortion in her lifetime,” said Nancy Northup, president of the Center for Reproductive Rights. She was referring to Roe v. Wade, the Supreme Court decision assuring a woman’s right to an abortion

Garland, a moderate liberal who is chief judge of the U.S. Court of Appeals for the D.C. Circuit, would likely have replaced Kennedy as the justice in the middle. Obama nominated him last March in part because Republicans in the past have said he was the most likely Democratic nominee to win confirmation.

But Senate Majority Leader Mitch McConnell (R-Ky.) declared on the night of Scalia’s death that Republicans would not act on any Obama nominee. The move brought charges that McConnell had politicized the process, but the gambit worked: It will now be a Republican president making the lifetime appointment to replace Scalia.

Trump has said his nominee will come from the list compiled with the help of the Heritage Foundation, a conservative think tank, and the legal group, the Federalist Society. His nominee will be like Scalia in seeking to overturn Roe and be a strong supporter of the Second Amendment, Trump has said.

All eyes will now be on the court’s oldest members, Kennedy and Ginsburg. Replacing Kennedy with a more stalwart conservative would immediately impact the court’s dynamics. He has given no indication about how long he intends to serve on the court.

Ginsburg has said she will serve as long as she is up to the job. She would likely be loath to allow Trump to pick her successor; she caused an uproar this summer when in media interviews she called him a “faker” and said she feared for the court and the country if he were elected.

Ginsburg turned aside calls from some liberals that she retire years ago, so that Obama could name her replacement. She said it was unclear whether the Senate would confirm her successor. And she told The Washington Post that there was no rush: She felt it was likely that another Democrat would be elected after Obama.

Source : Washington Post

Judicial Officers In Nigeria Should Emulate the Virtues of Late Justice Ige-Prof. Olagoke

index

Founder and Spiritual Head of Shafaudeen Worldwide, Professor  Sabitu Olagoke describes the late Jusitce Olagoke Ige as an embodiement of what the Judicairy in Nigeria is supposed to be rather than what it is presently. Excerpts :

The honourble Justice Olagoke Ige  happened to be an icon that epitomised wht the Judiciary is supposed to be. During his liftime, he could be described as an all encompassing gift to the Yorubaland, to Oyo state, to Nigeria and the people of the bench. He happened to be a reliable Father and a personality that would never discriminate, he mixed very easily with the poor, the rich, the young and the elderly ones, not to talk of his colleagues. When you review his activities down memory lane, you will appreciate him for one thing, even when he was an actin g Chief Judge, during the political turbulence in  Oyo state, he stood out and without fear of contradiction, I will dclare him as incorruptible Judge, he was till he died and he remained like that.  He happened to be evrything the Judicairy is supposed to be, incorrupitble, fair and just. He will remain an icon in the annals of history in the Judiciary. Till he died, because we worked together for almost 10 years, he continued to write and lamented on the kind of  virus of corruption in the Judiciary and he fought it till he died. He evn wrote a memoir about himslef, which revealed the kind of trials he had gone through, the kind of people he had met and those he worked with. With the denise of peole like Hon. Justice Ige, there is already a gap in the areas of achieving, for the Judiciary, independence as well as incorrutibility

Those Who Refuse To Obey Court Rulings Are The Enemies Of Nigeria-Ezendigbo

i286823014261263069-_szt7_                               PRESS RELEASE

FROM OFFICE OF EZE DR. ALEX ANOZIE, EZENDIGBO, ONYENDUNDIGBO IBADAN AND OYO STATE

I, Eze Dr. Alex Anozie, the Eze Ndigbo Onyendunigbo nala Ibadan and Oyo state, hereby make it known to the whole world, that the publication in Tribune and some national dailies captioned : ”Stop parading yourself as Ezendigbo of Ibadan, Olubadan-In-council warns Anozie” is false and should be ignored by all.

We have done all inquiries from almost all the members of Olubadan-In-Council and they all denied contracting any law chamber to write such letter, as they have all been very busy preparing the burial of the late Olubadan and subsequent coronation of the Olubadan in waiting.

We have held a press conference on the 18th of February, 2016 and refuted the whole lies and deceit.

The write up should be completely disregarded by all and sundry, as that was  just the devilish heart desire of those who sponsored it. Our lawyer has written the law chamber towards same.

Eze Dr. Anozie remains the only  Head of Igbos in Ibadan and Oyo state, call him Ezendigbo or Onyendundigbo, or Onyeisi, or Ochiigbo. All these are Igbo leaders title all over the world.

The High court judgement of 18th February, 2014, which has not been vacated by any other higher court up till now, confirms Anozie’s position.

Eze Dr. Anozie has continued to enjoy a cordial relationship with the Olubadan and Olubadan-In-Council, particularly after the whole truth about the Igbo leadership tussle in Ibadan and Oyo state emerged through the court ruling of 18/2/2014.

Even some pressmen have by themselves reached out to members of the Olubadan-In-Council and have confirmed from the horse’s mouth that Olubadan-In-Council did not give such directive.

Those who refuse to obey court rulings in Nigeria are the enemies of Nigeria’s peace, unity and  development.

Signed

EZE DR. ALEX ANOZIE, EZENDIGBO, ONYENDUNDIGBO  NALA IBADAN AND OYO STATE

 

The Last Resort of The Common Man : Nigerians Keep Hope Alive On The Judiciary

index

The Justice Kayode Esho panel report on the Judiciary of 1994, indicted several Judges in Nigeria for wrongdoing.

Although the report recommended most of the Judges, including Justice N.S.N Onnogben, then a Judge of the Appeal court , Calabar, Cross River state, for
retirement/dismissal, the Judicial review panel headed by Justice Bolarinwa Babalakin gave most of them and Justice Onnogben a clean bill of health, thereby nullifying the recommendations of the Justice Esho panel.

Justice Onnogben was a high court Judge, when the recommendation was made, but was however, promoted to a Judge of the Appeal court.

Again, the Justice Babalakin panel reversed the recommendation by the Justice Esho panel that Justice E.I.D Emeordi of the Delta state Judiciary be dismissed.

This reversal did not go down well with the Delta state government, which eventually retired Justice Emeordi and Justice G.O Akoro. While justifying his retirement, the then Attorney General and Commissioner for Justice, Amos Utuama had said ”The Judges were tried by the NJC. Recommendations were made to Government and based on the recommendations the Judges were duly retired. That was rule of law at work”.

Is the rule of law at work today, in Nigeria’s Judiciary ? The answer could be seen in happenings in the court rooms all over the land.

Indeed, Nigerians hailed the decision of the then President, Chief Olusegun Obasanjo, when he decided to implement the recommendations of the Justice Esho panel on the Judiciary.

The Justice Babalakin review panel had invited all serving Judges that were indicted by the Justice Esho panel and whom it had jurisdiction to deal with. The panel heard and considered their defenses. Out of 14 of them, eight were given a clean bill of health and their indictment overturned.

Of course, a transparent cleansing of the Judiciary would improve its functionality. As the rot eats deep, with other category of staff in the Judicial system playing a major role, there is also increase in the number of corrupt lawyers.

In an interview with a weekly publication, Insider, in 2002, human rights activist and Lawyer, Femi Falana(SAN) had said ” A Judge was recently identified in Lagos, for granting bail to some convicted persons, who had been tried and jailed under Federal offenses. Indeed, they all appealed. It took two to tango, the lawyer who filed the application before that Judge knew all the facts of that case, at the end of the day the Judge was removed and nothing happened to the lawyer, he would continue such atrocities. So the business of purging the Judiciary of bad blood, the role of the Lawyers has to be seriously examined, otherwise we are not going to get to the root of the mess”.

Of worry, is the fact that the ‘mess’ has made most Nigerians to view the Judiciary as unpredictable and unreliable.
Several years after nothing has changed in the nation’s Judiciary. The Judicial system requires a total overhaul, which can only be done after a massive purge of corrupt officials. Can this be achieved in this era of change ? Nigerians have great hopes and expectations.

Malaysia: Judicial harassment of human rights defender Jannie Lasimbang must end

ARTICLE 19, joint with over 200 civil society organisations, calls for the Malaysian government to cease the prosecution of human rights defender, Jannie Lasimbang, who has been charged under the Peaceful Assembly Act for helping to organise the mass peaceful protest known as Bersih 4.

THE STATEMENT

Civil society organizations around the world, in a petition today, condemn the ongoing judicial harassment and intimidation of Jannie Lasimbang, a prominent human rights and indigenous rights leader, and called for dropping all the charges against her immediately.

The organizations affirmed that the targeted prosecution of Lasimbang, among other rights activists, is indicative of closing space for civil society in Malaysia and urged the Government to put an end to it in order to uphold values of democracy and human rights. More than two hundred organizations have signed the petition sent to the Malaysian Prime Minister Najib Razak and other authorities.

Lasimbang is a former vice-chairperson of the Coalition for Free and Fair Elections (Bersih 2.0), a campaign endorsed by over 60 Malaysian NGOs seeking electoral reforms and promotion of democratic rights in Malaysia. She is facing multiple charges under Peaceful Assembly Act 2012 for her role in the fourth series of peaceful assemblies of the Coalition (Bersih 4.0). The assemblies were held on 29 and 30 August 2015 in major cities in Malaysia including Kuala Lumpur, Kota Kinabalu and Kuching, as well as over 70 cities around the world.

The overnight rally in Kota Kinabalu had more than 3,000 people in attendance but ended two hours shy of its 24-hour target after a police barricade stopped some 1000 participants of the assembly from walking towards the city. The police had questioned Lasimbang along with others for their alleged role in organizing the event, , immediately after the Bersih 4.0 assembly ended. She was not arrested; it therefore came as surprise for her to be charged nearly two months later on 21 October.

The Kota Kinabalu Magistrate Court charged her under the Peaceful Assembly Act for having allegedly organised the Bersih 4.0 assembly at Likas Bay Park without giving a 10-day notice to the city police chief prior to the event. She is charged for two counts of the same charge, one for of each day of the 2-day event. Later in November, Maria Chin Abdullah, Chairperson of Bersih 2.0 was also charged under the Act.

Although Bersih Sabah had submitted the form required for the 10-day notice, the failure to append a consent letter from the owner of the Likas Bay Park (City Hall) was construed as not giving the 10-day notice.

The Kota Kinabalu Magistrate allowed Lasimbang bail of RM3,000 (approx. USD 697) with a deposit of RM1,000 (USD 232) for each charge. The court hearing was initially scheduled for 23 and 24 November 2015 and later rescheduled to 26 and 27 January 2016. It has since been postponed again. She has pleaded not guilty. In the petition, the organizations expressed grave concerns that if convicted, Lasimbang faces a maximum fine of RM20,000 (USD 4646).

“The selective prosecution of Lasimbang and other activists constitutes violations of national and international human rights obligations of Malaysia, including under UN Declaration on Human Rights Defenders, as affirmed by the organizations in the petition,” said Yusri Ahon, President of the Indigenous Peoples Network of Malaysia, also known as Jaringan Orang Asal SeMalaysia (JOAS).

Lasimbang, a former commissioner of the National Human Rights Commission of Malaysia (SUHAKAM) has also served in the Expert Mechanism on the Rights of Indigenous Peoples of the UN. She is former Secretary General of Asia Indigenous Peoples Pact (AIPP) and currently at the forefront of indigenous rights advocacy in Malaysia with JOAS.

“The ongoing judicial harassment of Lasimbang and other activists only aims at sanctioning their legitimate human rights activities,” Joan Carling, AIPP’s Secretary General said.

“The organizations have thus called on the Malaysian authorities to immediately drop all charges against them and rather engage constructively with the human rights activists for advancement of human rights and fundamental freedoms in Malaysia.”

Source : Article 19