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US Appeals Court Strips Trump Of Immunity

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A US Appeals Court, sitting in Washington, on Friday ruled that former President Donald Trump must face civil lawsuits over his role in the January 6, 2021 attack on the Capitol by his supporters.

Biztellers reports that it was the unanimous opinion of the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit that the cases against Trump could move forward

The ruling comes nearly a year after the judges had considered Trump’s claims of being entitled to sweeping immunity from the suits brought by a group of congressional Democrats and veteran Capitol Police officers, who seek civil damages for the harms they allegedly suffered as a result of the Capitol attack.

Chief Judge Sri Srinivasan wrote, “The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints.

“We answer no, at least at this stage of the proceedings.”

It is the considered opinion of the Appeal Court judges that when a first-term president chooses to run for a second term, his campaign for reelection cannot be an official presidential act.

By implication, actions undertaken while campaigning to hold onto the presidency are done in the individual capacity of the office-seeker, rather than an office-holder.

“In his view, a president’s speech on matters of public concern is invariably an official function, and he was engaged in that function when he spoke at the January 6 rally and in the leadup to that day,” the judges pointed out.

“We cannot accept that rationale. While presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case,” the panel added.

The president, Srinivasan explained that an office-holder, “does not spend every minute of every day exercising official responsibilities. And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the president.”

The appeals court panel noted that while it is rejecting Trump’s argument for immunity at this stage in the proceedings, the former president has not yet had the chance to counter the allegations raised by the police officers and House Democrats, which he must be afforded the opportunity to do.

Judge Gregory Katsas, appointed by Trump, concurred with the decision, while Judge Judith Rogers concurred in part.

As things stand, Trump still has a chance to appeal the decision, either to the full D.C. Circuit or the Supreme Court.

He is in the midst of a third bid for the White House and is currently the frontrunner for the Republican presidential nomination.

The court’s ruling stems from cases brought against Trump by two Capitol Police officers, 11 House Democrats and another by Rep. Eric Swalwell of California, in 2021 over comments the former president made in the run-up to and during a rally held outside the White House on Jan. 6, 2021.

The officers, James Blassingame and Sidney Hemby, as well as the Democratic lawmakers, argued that Trump incited the mob of his supporters who breached the U.S. Capitol in violation of federal and local laws.

Trump, however, argued that he is shielded from the lawsuits because he was acting within the official duties of the presidency and asked a federal district court to toss out the cases.

U.S. District Judge Amit Mehta allowed the cases to move forward, and Trump asked the D.C. Circuit to review the decision.

The decision by the appeals court comes as the former president faces ongoing legal woes in several civil and criminal cases filed against him. The Justice Department has charged Trump with four counts related to the 2020 election, which the former president is seeking to dismiss in part on grounds that he is entitled to presidential immunity from prosecution for actions performed within the “outer perimeter” of his official responsibility.

Trump has pleaded not guilty to all counts in the case related to alleged efforts to thwart the transfer of presidential power after the November 2020 election.

 

With Agency reports

Crime

ECOWAS Court Throws Out ₦5m Police Torture Suit By Nigerian Citizen

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The ECOWAS Court of Justice has dismissed a lawsuit filed by Chukwuemeka Edeh, a Nigerian citizen, seeking ₦5 million in damages over alleged unlawful detention and torture by the defunct Special Anti-Robbery Squad (SARS).

Edeh had alleged that SARS operatives subjected him to severe abuse, including beatings, tear gas sprayed into his eyes, and a forced confession during his detention.

He argued that these actions violated his human rights as guaranteed under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a signatory.

READ MORE: Kwara State University Responds To Police Killing Of Ex-Student

In his suit, Edeh also requested a default judgment against the Nigerian government for its failure to defend the case.

However, in a judgment delivered by a three-member panel of the ECOWAS Court, presided over by Justice Ricardo Gonçalves, with Justice Edward Asante reading the ruling and Justice Dupe Atoki as a member, the court rejected the claim.

Justice Asante stated that while the court had jurisdiction over the matter and the application met the necessary procedural requirements, the evidence presented was insufficient to substantiate the allegations or grant a default judgment.

“The court found that the claims lacked adequate proof to meet the required legal standard,” Justice Asante noted.

The case highlighted longstanding allegations of human rights abuses by SARS, a controversial police unit disbanded in 2020 following nationwide protests.

Despite the court’s dismissal, the ruling underscores the importance of robust evidence in securing accountability in human rights cases.

Edeh had claimed that his ordeal occurred in Enugu State, where he was allegedly subjected to physical and psychological abuse by SARS operatives.

He argued that the Nigerian government’s failure to protect him from such violations warranted compensation.

 

 

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Emefiele’s Naira Redesign Did Not Match Presidential Approval, Says Witness

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The trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele continued in the Federal Capital Territory High Court on Thursday, November 14, 2024, with explosive testimony from Kingsley Obiora, the former Deputy Governor in charge of Policy at the CBN.

Obiora, who served under Emefiele, told the court that the new naira notes issued during Emefiele’s tenure did not match the version approved by President Muhammadu Buhari.

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Appearing virtually before Justice Maryann Anenih, Obiora explained that he noticed a discrepancy between the President’s original approval and the currency that was eventually produced and circulated.

His testimony followed a presentation of evidence by prosecution counsel, Rotimi Oyedepo SAN, which highlighted the differences between the two versions.

Obiora, who worked at the CBN for over seven years, further described his role within the CBN’s Committee of Governors (COG), a key decision-making body led by Emefiele.

According to Obiora, the committee, which included the governor, deputy governors, and the director of corporate services, met weekly to discuss critical bank policies.

During his testimony, Obiora recounted the events leading up to the controversial currency redesign.

He explained that on October 25, 2022, Emefiele informed the deputy governors of the plan during an event in Lagos marking the anniversary of the e-naira.

Obiora voiced concerns about announcing such a major policy at the event but was overruled when the redesign proposal was formally presented the following day in a COG meeting.

Emefiele reportedly told the committee that the President had already approved the redesign.

The policy was subsequently discussed and approved by the COG, and a public announcement was made by Emefiele and other senior CBN officials.

However, Obiora noted that the CBN Board was only formally informed about the redesign in December 2022, months after the policy had been set in motion.

He clarified that the board’s involvement was limited to endorsing the decisions made by the COG.

Under cross-examination by defence counsel Olalekan Ojo SAN, Obiora confirmed that the December 2022 Board meeting aligned with the notes eventually released into circulation, but reiterated that the board did not play a role in initiating the redesign.

He also stated that there had been no complaints from President Buhari about the policy.

Reflecting on his past involvement with currency redesigns, Obiora noted his participation in the 2014 N100 note redesign but emphasized that he had not been directly involved in that process.

After hearing his testimony, Justice Anenih adjourned the case until December 4, 2024, with further hearings scheduled for January 21, 2025.

 

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Sokoto On Edge: Nigerian Army In Intense Gun Battle With Bandits Led By Bello Turji

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There are reports of a violent clash between the Nigerian Army troops and bandits led by the notorious Bello Turji in the Sabon Birni area of Sokoto State.

The ongoing confrontation has disrupted normal life in the region, with travel between key towns now deemed unsafe.

READ MORE: MAN Counts On Govt’s Support For Dangote Refinery To Boost More Downstream Investments

Abdulsalam Suleiman Izuagbe, a senior consultant and public affairs analyst, disclosed on Thursday that the situation has deteriorated, making the Shinkafi to Sabon Birni route perilous for travelers.

“There is a war going on in Sabon Birni; Bello Turji is facing the Nigerian Army as I speak to you,” Izuagbe said.

“They are exchanging fire in the Sabon Birni area. From Shinkafi to Sabon Birni is no longer safe for anybody to travel. To think it’s a normal business as usual is missing the point.”

As of the time of filing this report, the Sokoto State Police Command spokesperson, ASP Sanusi Abubakar, had not responded to calls or text messages seeking comment.

The clash marks a continuation of the violence in the region, where Turji’s criminal group has been wreaking havoc.

Local authorities are expected to provide more information as the situation evolves.

 

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