Day: June 10, 2024

An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong, has filed a motion for leave to appeal at the Supreme Court, the judgment of Court of Appeal, Abuja delivered on March 27, which dismissed his case against the Federal Government.

It would be recalled that the Court of Appeal had, on March 27, dismissed Ekpenyong’s appeal on the alleged prevalence of extra-judicial killings in the country and affirmed the decision of the trial court.

The appellate court upheld a Federal High Court (FHC) Abuja judgment delivered by Justice Nkeonye Maha, on May 6, 2022, that dismissed his suit seeking to address the alleged increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors in Nigeria.

The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Ekpenyong of the law firm of Fred-Young and Evans LP, lacked requisite locus standi (legal right) to institute the suit.

Justice Oyewole-led panel also awarded a N250, 000 c
osts against the lawyer.

However, in a notice of notion for leave to appeal marked: CA/ABJ/PRE/ROA/CU/582mi/2024 between Emmanuel Ekpenyong Esq. Vs. President, Federal Republic of Nigeria and Attorney-General and Minister of Justice of the Federation, the lawyer sought two orders.

The motion, dated and filed June 5, was made available to newsmen on Sunday in Abuja.

He sought an order granting him leave to appeal against the decision of the Appeal Court in appeal number: CA/ABJ/CV/1200/2022, on grounds of mixed law and facts as set out in his proposed notice of appeal annexed as ‘Exhibit JO3.’

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He also sought an order granting leave to him to appeal against the concurrent findings of the FHC in suit no. FHC/ABJ/CS/755/2020; and the judgment of the Appeal Court in appeal no. CA/ABJ/CV/1200/2022; on the extent of his right to life guaranteed under Section 33 (1) of the 1999 Constitution (as amended).

In the proposed notice of appeal, Ekpenyong
contended that the Appeal Court justices misdirected themselves and erred in law when they held that reasonable cause of action vest him with the requisite locus standi to institute the suit.

He said the judges also erred in law when they failed to consider the provisions of Article 3 (e) of the Fundamental Right Enforcement Procedure Rules, 2009 which confirmed his locus standi in the suit.

He said instead, they relied on the general principle of law on reasonable cause to arrive at the conclusion that he had no locus standi to institute his fundamental human right suit.

He argued that the appellate court erred in law when they held that his suit for interpretation of the extent of his constitutional right to life enshrined in Section 33 (1) of the Constitution did not disclose a reasonable cause of action and is mere academic and hypothetical.

According to him, the Court of Appeal did not state why the surviving paragraphs of the affidavit in support of the originating summons did not constitute a reaso
nable cause of action.

Ekpenyong equally argued that the court erred in law when it affirmed the trial court’s award of N100, 000 costs against him and awarded an additional cost of N250, 000 against him, even where the trial court did not state its reason for the fine.

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Besides, he said that no valid reason could be seen from the Court of Appeal’s sanction as well against him for prosecuting a suit for interpretation of his constitutional right to life enshrined in Section 33 (1) of the Constitution’

Against these backgrounds, he argued that ‘the findings of both the trial court and Court of Appeal is perverse and was reached as a result of a wrong approach to the evidence before them and a wrong application of principle of substantive law and procedure.’

He said there was a need for him to appeal their decision to the Supreme Court for the court to interfere with the findings of both courts.

‘This constitutes an exceptional circu
mstance for this Honourable Court to grant this application,’ Ekpenyong said.

He equally said that being dissatisfied with the judgment of the Court of Appeal, he is desirous of appealing against the concurrent findings in the judgment of both the lower and upper courts on questions of mixed law and facts.

The lawyer said the application is made in the interest of justice.

Source: News Agency of Nigeria

As South Africa celebrates Youth Month, the Ministry of Sport, Arts and Culture has reiterated its commitments to continue to develop the sport, arts, and culture sectors.

‘As we continue to advance the socioeconomic gains of our democracy, we commit, as government, to continue our endeavour to quantify, to lift and to develop the country’s sport, arts and culture sectors,’ Acting Minister of Sport, Arts and Culture Maropene Ramokgopa said on Monday.

She made these remarks ahead of the Youth Day commemorations, which will take place on Sunday at the Old Peter Mokaba Stadium in Polokwane.

This year’s celebrations take place under the theme: ‘Actively advancing socioeconomic gains in our democracy’.

‘We celebrate the socioeconomic gains that have been made in our democracy, yet also acknowledge that there is more to be done. Sport, arts, and culture play an important role in the mood and identity of our nation. Our commitment stands to continue developing the sectors,’ Ramokgopa said.

The Minister called o
n South Africans to work together and embrace the country’s diversity to further strengthen democracy.

Source: South African Government News Agency

The Nigerian National Petroleum Company Limited (NNPC Ltd.) on Monday disowned reports in some sections of the media alleging that it inflated subsidy claims by N3.3trillion.

A statement issued by Olufemi Soneye, Chief Corporate Communications Officer, NNPC Ltd., stated that the company had always conducted its businesses accountably and transparently, with international best practices.

Soneye said NNPC Ltd. had at no time inflated its subsidy claims with the Federal Government, noting that all previous subsidy claims by the company were verifiable, as relevant records and documents had been sent to relevant authorities and agencies.

He said that NNPC Ltd. was neither aware of any audit of its subsidy claims nor probe, noting that the ridiculous reports were the products of the imagination of the reporters and their respective media houses.

‘NNPC Ltd. will resist any attempt to drag the company into the apparent politics of fuel subsidy as it currently operates on commercial basis and on the express provi
sions of the Petroleum Industry Act (PIA).

‘It is on record that in line with its Transparency, Accountability and Performance Excellence (TAPE) mantra, NNPC Ltd. has, on several occasions, independently invited external auditors to review its books.

‘NNPC Ltd. calls on media practitioners and media houses to exercise restraint and verify information before publication in keeping with the ethics of the noble profession of journalism to avoid misleading the public,’ Soneye added.

Source: News Agency of Nigeria

In an effort to ensure the involvement of stakeholders in the management of water resources, the Department of Water and Sanitation is expected to launch four Catchment Management Agencies (CMAs).

They will be launched during the Water Institute of Southern Africa (WISA) conference set to take place in Durban this week.

The establishment of the Catchment Management Agencies is in line with the provisions of the National Water Act (NWA) and the National Water Policy for South Africa.

The purpose of Catchment Management Agencies is to enhance decentralised decision-making in managing water resources, in an integrated manner, at a local level.

The department said the CMAs will ensure participative management, good water governance and integrated planning and improving co-operative governance of the country’s water resources, in order to achieve the objectives of the National Water Act, equity, accessibility and government’s commitments to improving service delivery.

‘A CMA manages all the water resources i
n a water management area at the catchment level. This means that a CMA is responsible for the protection, use, development, conservation, management and control of all the water resources in that particular water management area (WMA).

‘This responsibility requires that all spheres of government, water users and communities in the water management area participate with CMAs as partners,’ the department said in a statement.

Water and Sanitation Minister, Senzo Mchunu, finalised the appointment of Board Members of the Pongolo-Umzimkhulu and the Vaal-Orange Catchment Management Agencies, a decision concurred by Cabinet.

The Boards of Pongola-Umzimkhulu and Vaal-Orange CMAs appointments became effective from 1 December 2023.

The department has reconfigured the number of CMAs to six, including Limpopo-Olifants, Vaal-Orange, Pongola-Umzimkulu, Mzimvubu-Tsitsikamma, Breede-Olifants and Inkomati-Usuthu.

The boards, as the accounting authority, will operationalise the CMAs including developing the catchment mana
gement strategy, effective participation of stakeholders and management of water resources in the water management area.

‘In addition, the CMA will be more responsive to water user needs and speedy decision-making around water resources management and create a customer-focused culture for water resources management,’ the department explained.

The appointed board members for Pongolo-uMzimkhulu include Dr Thava Kelly (Chairperson), Sibusiso Makhanya (Deputy Chairperson), Hlengiwe Ndlovu, Bhekumuzi Gumbi, Dr Lembi William Mngoma, Snenhlanhla Mngadi, Professor Purshottama Reddy, Mdandla Myeni, and Nokuthula Khanyile.

This CMA is an amalgamation of the previous WMA areas within the KwaZulu-Natal province, such as half of the Pongola-Usuthu WMA, the Thukela WMA, and the Mvoti-Mzimkulu WMA. Interim Chief Executive, Swaswa Ntlhoro, was appointed for the transitional phase.

The appointed board members for the Vaal-Orange CMA, which operates in the Central North-eastern part of South Africa and extends from Ermelo
in Mpumalanga to Kuruman in the Northern Cape, include Desmond Solomon Fransman (Chairperson), Tsakane Zwane (Deputy Chairperson), Hubert Thompson, Nontuthuzelo Njeza, Nakana Masoka, Ponatshego Mothibi, Doris Dondur, Dichikane Mashego, and Louis Van Oudtshoom. Interim Chief Executive, Solomon Mathebula, was appointed for the transitional phase.

‘The Minister has finalised the appointment of Board members of Mzimvubu-Tsitsikamma and awaiting concurrence by Cabinet. Interim Chief Executive, Sibusiso Mjwara, was appointed for the transitional phase. This agency’s footprint covers the majority of the Eastern Cape, and includes portions of KwaZulu-Natal, Western Cape, and the Northern Cape.

‘For the Limpopo-Olifants CMA, the Advisory Committee has concluded their recommendation for the appointment of the Board and is awaiting the vetting of candidates and concurrence by Cabinet,’ the department said.

Water Institute of Southern Africa conference

Meanwhile, the three-day Water Institute of Southern Africa confe
rence will take place at Inkosi Albert Luthuli International Convention Centre in Durban, KwaZulu Natal, from 12-14 June 2024.

WISA conferences provide a platform to discuss problems and solutions facing the water and related sectors. The conference is used to create mechanisms and collaborations, to ensure an enabling environment to set us on a path of implementation and impact.

Source: South African Government News Agency

The ECOWAS Court has dismissed an application filed by former National Security Adviser, retired Col. Sambo Dasuki, praying the court to compel Nigeria to enforce its judgment delivered in his favour on Oct. 4, 2016.

The News Agency of Nigeria (NAN) reports that the court had in the judgment declared Dasuki’s arrest and detention by the Nigerian government unlawful and a violation of his rights.

Justice Sengu Koroma, the Judge Rapporteur, while delivering judgment in Abuja on Dasuki’s application for enforcement, dismissed it on the ground that the court lacked jurisdiction to entertain or enforce the earlier judgment.

Koroma said the court was guided by laid down procedures regarding the enforcement of its judgments as enshrined in the Community Law, and the proper party to institute an enforcement failure claim.

‘Having thoroughly assessed the claims and constitutive texts of the Court, it lacks the competence to adjudicate the present claim,’ the court said.

NAN reports that in the suit marked: ECW/CC
J/JUD/23/16, Justice Friday Nwoke had declared the government’s action against Dasuki as ‘arbitrary, unlawful, a mockery of democracy and the rule of law, and a violation of local and international rights to liberty.’

The court had further held that the government’s action violated Dasuki’s rights under the African Charter of Human and People’s Rights (ACHPR) and the International Convention on Civil and Political Rights (ICCPR).

It, therefore, ordered the release of all the seized properties of the applicant, as well as the payment of N15, 000,000 damages to him.

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Following the federal government’s failure to comply with and enforce the said judgment, the applicant, therefore, filed the application before the court for its enforcement.

Earlier at the hearing of the matter, the federal government denied the applicant’s allegations, stressing that the properties being claimed by Dasuki were subjects of ongoing criminal proceedings, which he did n
ot disclose in the suit.

The respondent’s counsel had argued that the government had already fulfilled its obligations, adding that the court’s Chief Registrar had issued a Writ of Execution, making the relief prayed for by the applicant unnecessary.

The panel, which comprised Justice Edward Asante (presiding), Justice Sengu Koroma (Judge Rapporteur), and Justice Ricardo Claúdio Gonçalves (member), awarded no costs to parties in the suit.

Source: News Agency of Nigeria

The South African Police Service (SAPS) says it remains relentless in its pursuit to dismantle the trade in counterfeit and illicit goods nationwide.

On Friday, the National Counterfeit Goods Unit led an operation in the Johannesburg CBD which resulted in the arrest of two Chinese nationals and the seizure of counterfeit goods with an estimated value of R5.8 million.

Police also arrested two Ethiopian nationals for contravening the Immigration Act No. 13 of 2002 during the operation.

Almost 7 000 counterfeit items imitating well-known brands were seized, which included sports apparel, clothing, shoes, perfumes, sunglasses, watches and bags.

The team comprised SAPS members from various specialised units, officials from the South African Revenue Service (SARS), Gauteng Traffic’s Saturation Unit, Brand Protectors, Crime Prevention Wardens and private security.

In the past eight months, the National Counterfeit Unit, in collaboration with its various crime fighting partners, seized over R400 million worth of
counterfeit and illicit goods during various takedown operations in different parts of the country. The unit was established in November last year.

Source: South African Government News Agency