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Oba Of Benin In Legal Turmoil Over Enigie Suspension

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The Oba of Benin, Oba Ewuare II, finds himself entangled in a legal dispute at the Benin City High Court, under the jurisdiction of Justice P. A. Akhihiero.

The monarch is being sued in case No. B/290OS/2023 by Prof. Gregory Akenzua and Edomwonyi Iduozee Ogiegbaen, Enigie (Dukes) of Evbo-Obanosa and Egbaen, challenging the legitimacy of their suspension from their community roles.

The lawsuit, filed by their Counsel, Dr. Osagie Obayuwana, questions the Oba’s authority in taking such actions under the law.

They argue that their appointment as traditional chiefs holds official validation from the Edo State Government.

Backed by registration certificates submitted as exhibits in the lawsuit, the claimants contend that their registration aligns with Section 25(2) of the Traditional Rulers and Chiefs Law, mirroring the recognition granted to other traditional rulers within the state.

In an affidavit supporting the originating summons, Akenzua claimed that the residents of the two Dukedoms were deceived into undertaking solidarity visits to the Palace of the paramount ruler in Benin. Allegedly, during these visits, they were suspended in their absence.

Citing section 28 of the State Traditional Rulers and Chiefs Law, the claimants argue that only the State Executive Council possesses the authority to sanction them as Enigie if they are found at fault.

They contend that any deviation from this provision would constitute a usurpation of the powers vested in the State Executive Council.

The claimants refute any wrongdoing, asserting their right to freedom of speech.

They explain that they exercised this right by writing a letter to the Governor of Edo State in 2022, joined by 94 fellow Enigie.

In the letter, they urged the governor to utilize the powers vested in him by law, expressing their belief that this action would accelerate development in rural Edo State, particularly in the Edo South senatorial district.

According to the originating summons, “The two issues posed for determination by the court by the claimants are: Whether the Omo N’Oba can exercise the power to suspend a registered traditional chief, when the law vests that authority on the State Executive Committee.

“Whether the Oba of Benin has the authority to suspend them in violation of their right to fair hearing guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria.”

The trial judge, Justice P. A. Akhihiero, has set March 8, 2024, as the next date for mention in the case.

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Ex-Minister Ordered To Reveal Details Of N729bn Fund Disbursement

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The Federal High Court in Lagos has mandated Ms. Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disaster Management, and Social Development, to publicly disclose the details of a N729 billion disbursement to 24.3 million Nigerians over six months.

Justice Deinde Dipeolu issued the order in response to a Freedom of Information lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP).

The lawsuit sought transparency regarding the list of beneficiaries, the states involved, and the payment breakdown per state.

The court’s decision compels Ms. Umar-Farouk to reveal the selection criteria for the beneficiaries and the mechanisms used to distribute the funds.

The court also ordered Ms. Umar-Farouk to explain the rationale for distributing N5,000 to 24.3 million poor Nigerians, which amounts to five percent of Nigeria’s N13.6 trillion budget for 2021.

In his verdict, Justice Dipeolu noted that the former Minister failed to provide any reason for not disclosing the details sought by SERAP and dismissed the objections raised by her counsel, supporting the plaintiff’s arguments.

The judge further stated that failing to perform an act as required by statute will be seen as non-compliance with the statutory provision and as delinquent conduct.

He further stated, “The minister filed a preliminary objection to this suit dated the 4th of October 2022 and a counter-affidavit to SERAP’s motion on notice. I will first deal with the minister’s preliminary objection because it bothers on the jurisdiction of this Court to entertain this suit.

“The grounds upon which the preliminary objection was filed are: whether this suit is not incompetent having not been commenced within 30 days after SERAP’s request for information was deemed to have been denied.

“Having not complied with the provision of Section 20 of the Freedom of Information, whether this Court can assume jurisdiction to entertain SERAP’s application.

As arguments on both issues, the minister’s counsel submitted that by the provision of Section 4,7(4) and 20 of the Freedom of Information Act, subject to lawful exceptions within the Act, a public institution has 7 days to grant a request for information, failure of which would be deemed denial.

“SERAP’s request was deemed denied on 6th July, which is the expiration of 7 days. Therefore, SERAP has 30 days pursuant to Section 20 of the Act to apply to this Court.

“SERAP’s 30 days within which to bring this suit expired on 5th of August 2021, whilst the motion on notice was filed on the 9th of November 2021, outside the 30 days stipulated by the Act. Consequently, this suit is statute barred.”

In response, SERAP’s counsel argued that this suit was not commenced via the motion of notice dated 8th November 2021. This suit was initiated by a motion exparte dated 13th July 2021 but filed on the 15th of July 2021, after the expiration of the 7 days period required of the minister to respond to the FOI request by SERAP.

“This is in compliance with Section 20 of the Freedom of Information Act and Order 34 Rule 3(1) of the Federal High Court (Civil Procedure) Rules 2019.

“The above are the submissions of counsel as regards the preliminary objection by the minister. I agree with SERAP’s counsel that the minister did not carry out a proper search of the casefile before filing the preliminary objection.”

 

 

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Tinubu Re-elected ECOWAS Chairman For Second Term

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President Bola Tinubu has been unanimously re-elected for another one-year term as Chairman of the ECOWAS Authority of Heads of States and Government.

His initial tenure, set to conclude on July 9, 2024, was extended during the 65th Ordinary Session of the Authority held at the State House in Abuja on Sunday.

READ ALSO: https://biztellers.com.ng/president-tinubu-hosts-65th-ecowas-summit-in-abuja/

In his acceptance speech, President Tinubu expressed his commitment to advancing democratic values and serving the collective interests of ECOWAS member states alongside his fellow leaders.

He said “I have accepted to continue to deliver on this service with the great men and women on this democratic journey, to serve our interest and build democratic values on the structure we inherited.”

 

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President Tinubu Hosts 65th ECOWAS Summit In Abuja

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President Bola Tinubu is currently hosting the 65th Ordinary Session of the ECOWAS Authority of Heads of State and Government in Abuja.

The meeting, held at the Banquet Hall of the Presidential Villa, is attended by dignitaries including the Diplomatic Corps.

Key agenda items include discussions on financing the standby force against terrorism and preventing unconstitutional changes of government.

READ ALSO: https://biztellers.com.ng/niger-mali-burkina-faso-cut-ties-with-ecowas-form-new-alliance/

Another significant focus is maintaining the cohesion of ECOWAS, particularly as Niger, Mali, and Burkina Faso have yet to fully reintegrate following their bans.

Olusegun Dada, Special Assistant to President Tinubu, shared footage on social media, stating, “President Bola Ahmed Tinubu (GCFR), President of Nigeria and Chairman of @ecowas_cedeao, hosts the 65th Ordinary Session of the ECOWAS Authority of Heads of State and Government in Abuja.”

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