NEWS
Executive Lawlessness: Wike, Others Risk Jail Term
It appears that the Judiciary is fed up with executive lawlessness, which has seen some members of the ruling All Progressives Congress (APC) flout court orders.
The National Industrial Court (NIC) might be leading in instituting the rule of law, as it moved on Wednesday to make an example of Minister of the Federal Capital Territory, Nyesom Wike and some of his executives, at the FCTA.
It was gathered that the NIC, Abuja has begun contempt proceedings against Wike, and others over what it termed ‘disregard of series of court orders’.
One of the reasons Wike would be standing trial is Managing Director/CEO, Abuja Markets Management Limited (AMML), Faruk Abubakar tenure.
One of the instances which incurred the irk of the NIC was Wike’s inclusion of Abubakar in the list of heads of agencies dissolved on September 27, 2023.
Recall that Wike had, on September 27, 2023 through a statement, relieved the heads of 21 parastatals, agencies and government companies of the Federal Capital Territory Administration (FCTA) of their appointments with immediate effect, including AMML.
The contempt charge, filed by Abubakar also joined the FCTA, AMML and the Abuja Investments Company Limited (AICL) as 2nd to 4th defendants respectively, including the former acting managing director of the AMML, Engr. Yakubu Abbas.
In the Form 48 marked: NICN/ABJ/62/2023, which was dated and filed on November 3, 2023, the application was titled: “Notice of Consequences of Disobedience to Order of Court.”
The application was brought pursuant to Section 72 Sheriff and Civil Process Act, 2004; Order IX Rules 1-3 of the Judgment Enforcement Rules and Under the inherent jurisdiction of court.
The application reads, “Take notice that unless you (the defendants) obey the orders and directions contained in the judgment of court on July 20 and the order of this Honourable Court made on July 26, you will be guilty of the contempt of court and will be liable to be committed to prison.”
It was gathered that that Abubakar’s counsel, Faruk Khamagam, had, following the dissolution, formally apprised Wike on September 28, 2023 about the peculiar situations that surrounded the agency’s headship and the legal tussle that preceded his appointment as minister.
Khamagam, in the letter, informed Wike of series of court judgments that affirmed Abubakar’s status as substantive managing director of the AMML.
The contempt proceeding would be standing on the allegation that Wike and others had been acting in disobedience to the orders of the industrial court made on July 20, restraining them from giving effect to the purported letter of termination of the employment of Abubakar as the managing director or the AMML.
Justice R. B. Haastrup had restrained the defendants from giving effect to the termination of the employment of Abubakar as the managing director of the AMML, which order was contained in a letter dated July 17, 2023, until the hearing and determination of the counterpart motion on notice.
The judge also ordered the defendants not to, in any way, interfere in the management, business and corporate affairs of the AMML and that status quo ante be maintained until the counterpart motion on notice was heard and determined.
In the same vein, Justice Donatus Okorowo of a Federal High Court, Abuja, had, on July 10, 2023 in a judgment, restrained the FCT Minister, the FCTA and others in the suit marked: FHC/ABJ/CS/499/2023 from dissolving and reconstituting the Board of the AMML by political fiat or press statement, without first following the procedure of CAMA, 2020.
According to the court, doing so would be ultra vires the powers of the FCT Minister and the FCTA.
The court had also affirmed Abubakar as the managing director of the AMML.
Khamagam, who said the AICL and FCTA had continued to insist on the termination of Abubakar’s employment as contained in their July 17, 2023 letter, also averred that Abbas had been parading himself as the acting managing director of the AMML in contravention of valid court orders and judgment.
He said, “Engr. Yakubu Abbas himself, has been parading himself as the acting MD of AMML and has been signing and issuing documents in that capacity, in the name of AMML from unknown locations.”
On his part, Legal Adviser and Secretary, AMML, Felix Edache, alleged that on Monday, the policemen stormed the AMML’s head office in Gudu on the order of the FCT commissioner of Police.
According to Edache, the officers were led by DSP Bello Adamu, who disclosed that they were deployed to maintain peace and workers’ safety.
“When I resumed, I saw a flood of armed policemen all over the premises.
“Upon getting to the office, I was told that they had come to ensure safety of the place but I told them that I am not aware that AMML made any complaint to the police to that effect.
“In fact if there should be any of such complaint, it should have come from me,” he said.
He was rattled, however, when later in the evening the same policemen tendered a memo from the FCTA signed by the General Counsel, Salman Dako, purportedly written on behalf of the FCT Minister asking the CP to prevent the MD, Abubakar, and the Legal Adviser from gaining entrance into the office.
He continued, “Although, the memo by Dako cited the termination of Abubakar’s employment as the eason for the request, it did not say why the police is being asked to prevent me from entering the office.
“We are law abiding citizens. We will never do anything to subvert the law.
“However, any attempt to trample our right would be resisted with every legal tool.
“It is time for the Minister to reassess his legal team at the ministry so that they don’t end up misleading him into running foul of the law which he also swore to protect as both lawyer and public servant.
“I am hopeful that the minister will act accordingly.”
The Federal Government has confirmed that another batch of 271 Nigerians will arrive in the country on Tuesday as part of its ongoing voluntary evacuation programme from South Africa ahead of planned anti-immigration protests.
The Ministry of Foreign Affairs disclosed that an Air Peace aircraft departed Nigeria on Monday to evacuate Nigerians who voluntarily registered to return home amid growing concerns over demonstrations expected to begin on June 30.
Spokesperson for the ministry, Kimiebi Ebienfa, said the aircraft left Nigeria at about 3:00 p.m. on Monday and was scheduled to arrive in South Africa around 9:00 p.m. local time.
SEE MORE: June 30 Protest: Ramaphosa Urges South Africans to Reject Violence, Demonstrate Lawfully
According to him, the return flight will depart South Africa at midnight and is expected to land at the Murtala Muhammed International Airport in Lagos on Tuesday morning.
“Air Peace aircraft will depart Nigeria today, Monday, June 29, 2026, at 3:00 p.m. and is expected to arrive in South Africa at approximately 9:00 p.m. local time.
The return flight is scheduled to depart South Africa at 12:00 midnight and is expected to arrive at Murtala Muhammed International Airport, Lagos, on Tuesday morning,” Ebienfa stated.
He confirmed that 271 Nigerians are expected on the latest evacuation flight.
The evacuation follows President Bola Tinubu’s approval of a voluntary repatriation programme earlier this month to ensure the safe return of Nigerians willing to leave South Africa before the planned anti-immigration protests.
Earlier, the Federal Government approved five Air Peace evacuation flights after more than 500 Nigerians were screened for repatriation.
Before this latest operation, 328 Nigerians had already been evacuated in two batches. The first flight returned 262 Nigerians on June 11, while a second batch of 66 returnees arrived in Lagos on June 25.
Authorities said the evacuation exercise is being coordinated by the Federal Government in collaboration with Air Peace and other relevant agencies to ensure the safe return of all registered Nigerians.
South African President Cyril Ramaphosa has called on citizens planning to participate in the June 30 anti-immigration protests to conduct themselves peacefully and within the bounds of the law, warning that violence, intimidation and vigilantism will not be tolerated.
In a message to the nation on Monday titled “Protest is both a right and a responsibility,” Ramaphosa acknowledged widespread public concerns over undocumented immigration, border management, pressure on public services and criminal syndicates exploiting the country’s immigration system.
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He said these concerns were legitimate and deserved to be addressed, but stressed that constitutional rights must not be used as a justification for unlawful conduct.
“The right to protest is enshrined in our Constitution. It is a credit to our robust democratic order that people are able to express their grievances openly. But the right to protest and freedom of expression does not allow people to threaten or intimidate others, or to engage in acts of vandalism or violence,” Ramaphosa said.
The South African leader disclosed that his administration was implementing reforms aimed at strengthening border management, improving the integrity of visa and asylum systems, increasing enforcement against undocumented immigration and tackling corruption that has weakened immigration control.
According to him, the government is determined to correct failures in the immigration system and hold accountable anyone who has enabled illegal immigration through corrupt practices.
Ramaphosa also revealed that consultations had been held with traditional leaders, labour unions, business groups, religious organisations and other stakeholders, many of whom expressed support for government efforts while calling for tolerance and respect for the rule of law.
Reiterating that peaceful protest remains a fundamental democratic right, the president warned that anyone involved in criminal activities during the demonstrations would face legal consequences.
“Those who intend to protest should do so peacefully, lawfully and with respect for the rights, dignity and safety of others. Where there is criminal conduct, those responsible will be held accountable and the law will take its course,” he said.
Ramaphosa further reminded citizens that many foreign nationals residing in South Africa are in the country legally and make valuable contributions to the economy and society through work, education, investment and family life.
He condemned attempts by private individuals to enforce immigration laws, describing such actions as vigilantism.
“The authority to demand identification and enforce immigration laws belongs to government law-enforcement officers acting within the Constitution—not to private individuals. Whatever the motivation, taking the law into one’s own hands is vigilantism and has no place in our constitutional democracy,” he stated.
The president urged South Africans not to repeat painful chapters of the country’s history, where people were stopped, profiled and humiliated based on suspicion.
He assured citizens that law-enforcement agencies were prepared to maintain public order while safeguarding the constitutional right to peaceful protest.
Ramaphosa concluded by calling for unity, urging South Africans to choose dialogue over confrontation and justice over vengeance as the country navigates the immigration debate.
The Nigerian Education Loan Fund (NELFUND) has vowed to take decisive action against tertiary institutions accused of withholding students’ tuition refunds and imposing unapproved fee increases despite benefiting from the Federal Government’s student loan scheme.
The Fund disclosed this in a statement issued on Monday by its Director of Strategic Communications, Oseyemi Oluwatuyi, following reports that some institutions had failed to refund students who paid their tuition fees before NELFUND later settled the same fees directly with the schools.
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According to the agency, the alleged refusal or delay in refunding affected students is unacceptable and runs contrary to the objectives of the student loan programme.
NELFUND also expressed concern over reports that some universities and other higher institutions have arbitrarily increased tuition and other institutional charges, warning that such practices place unnecessary financial pressure on students and undermine the purpose of the scheme.
The Fund stressed that the student loan initiative, introduced by the administration of President Bola Ahmed Tinubu, was designed to remove financial barriers to higher education and ensure that eligible Nigerian students can pursue their academic goals without undue hardship.
To address the situation, NELFUND said it has begun engaging with the affected institutions and relevant authorities to ensure that all eligible students receive their refunds without further delay.
The agency further revealed that measures are being put in place to ensure tuition fees and other institutional charges remain fair, transparent, and consistent with the objectives of the Federal Government’s education financing programme.
Reaffirming its commitment to students, NELFUND stated that it would continue to protect the interests of beneficiaries while preserving the integrity of the student loan scheme.
The Fund also warned that it would not allow exploitative practices by institutions to deny students the full benefits of the Federal Government’s landmark education intervention.
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