Emerald Chambers Lagos

YOU HAVE NO POWER TO REORDER ELECTION SEQUENCE, COURT TELLS NATIONAL ASSEMBLY.

A Federal High Court in Abuja on Wednesday told the National Assembly that it lacks power to dictate to the Independent National Election Commission (INEC) the sequence of elections, particularly the 2019 general election.

Justice Ahmed Mohammed also held that it was the sole responsibility of INEC to conduct, fix date and determine the sequence of elections in the country.

Delivering judgment in a suit challenging the electoral amendment bill 2018, the court held that the National Assembly clearly acted in breach of the principle of separation of power.

It held that Section 25 of the Electoral Act 2018, which is the section that contravenes the provisions of the constitution, “is hereby declared a nullity.”

Details Later …

EFCC IS NOT A DEBT RECOVERY AGENCY

BANK PLC v. H.R.H. EZE (DR) PETER OPARA & ORS (2018) LPELR-43907(SC)

"It is important for me to pause and say here that the powers conferred on the 3rd Respondent, i.e the EFCC to receive complaints and prevent and/or fight the commission of Financial Crimes in Nigeria pursuant to Section 6(b) of the EFCC Act (supra) does not extend to the investigation and/or resolution of disputes arising or resulting from simple contracts or civil transactions in this case. The EFCC has an inherent duty to scrutinize all complaints that it receives carefully, no matter how carefully crafted by the complaining party, and be bold enough to counsel such complainants to seek appropriate/lawful means to resolve their disputes.

What is even more disturbing in recent times is the way and manner the Police and some other security agencies, rather than focus squarely on their statutory functions of investigation, preventing and prosecuting crimes, allow themselves to be used by overzealous and/or unscrupulous characters for the recovery of debts arising from simple contracts, loans or purely civil transactions. Our security agencies, particularly the police, must know that the citizenry's confidence in them ought to first be ensured by the agencies themselves by jealously guarding the integrity of the uniform and powers conferred on them.

The beauty of salt is in its taste. Once salt loses its own taste, its value is irredeemably lost. I say this now and again, *our security agencies, particularly the police, are not debt recovery agencies.*

The agencies themselves need to first come to this realization, shun all entreaties in this regard and they will see confidence gradually restored in them. Where we are now in this country is that place where our "Men in black & blue" command almost no respect from the citizenry because of how low we have sunk.

However, it is my belief which believe and I must say I hold very dearly, that all hope is not lost. Many women and men of deep integrity are in our security agencies, and they only need to rise now to the occasion.

Per BAGE, J.S.C. (Pp. 18-30, Paras. B-B)

Robbers entered into a house, asks for all the money and valuables.

After they collect what they can, they give the man of the house a gun with instructions to shoot his wife or else he be shot himself.

The man gets the gun, points it at his wife and hesitates.

He is thinking of what he has gone through in life with his wife and how she has suffered and sacrificed for him.
He hands back the gun and says, “I am sorry I can’t do this…

“The boss of the robbers silently grabs the gun from him and passes it on to the wife with the same instruction.

The wife gets the gun and without any single hesitation points to her husband’s head and pulls the trigger.

But alas, the gun had no bullets in it. The robbers get their gun
and walk out of the house laughing.

QUESTIONS FOR DISCUSSION

1. If you were the man in that house how would you react towards your
wife?

2. If you were the wife, what explanation can you give to your
husband!

3. If you were invited to bring peace between this couple, what advice
would you give?

Drop your Comments & this should really be an interesting topic to discuss as counsellors.

NOTABLE 2016 DIVORCE CASE:

JUSTICE THERESA UZOKWE (ABIA STATE CHIEF JUSTICE) v. DR. AFAM UZOKWE: An interesting case where the court ruled against its own

This is an interesting divorce petition where Dr Afam Uzokwe, a medical doctor asked the court to dissolve the marriage between him and Hon Justice Theresa Uzokwe (the current Chief Judge of Abia State).

The brief fact of the case was that Dr Uzokwe and Justice Uzokwe got married on the 19th March, 1987 at the Holy Ghost Cathedral, Ogui Enugu. The couple thereafter lived together and cohabited at various addresses in Aba, Abia State, their last place of abode prior to the filing of the petition for divorce by Dr Uzokwe, was at No. 1 Kings Park Avenue, Abayi, Aba. The couple was blessed with three children: two boys and one girl. The marital relationship between the couple had turned sour, hence Dr Uzokwe filed divorce petition in order to part ways, with Justice Uzokwe on the ground that her acts of cruelty was endangering his life
According to the testimony of the petitioner, Dr Uzokwe, she (Justice Uzokwe) was uncontrollable. She would leave the house at will and stayed as long as she wished. In 1999, she was to travel outside the country, but never told him (her husband) until a day to her departure. She did not tell him where she was travelling to.

Eventually, she travelled and stayed for 3 months. She was travelling for conferences and coming back days after the conference had ended.

Her behaviour kept his sisters and parents away from his house for over twenty years. It was only his father who would come once in a while she was weird and wherever she went people made nasty comments about her. She is aggressive.

She indoctrinated the children of the marriage against him, the petitioner. She would not allow his mother cook in the kitchen and she engaged in verbal abuse against her. She called his mother all sorts of name: witch. She connived with the A. C. Of Police in Aba, Mr. Gwadebe, and he was arrested in his hospital on 15/01/2003 and locked up in police cell, in Umuabakwa and Umuahia for three days.

He claims that these acts of cruelty from the wife is endangering his life.

Justice Uzokwe filed her answer/reply to the petition and the petition proceeded to hearing.

Dr Uzokwe gave evidence for himself and tendered into evidence, some documentary exhibits.

Justice Uzokwe did not offer parole evidence, however ten (10) witnesses testified for and on her behalf. Some documentary exhibits were admitted into evidence, at the instance of Justice Uzokwe.

Learned counsel to the parties at the trial, filed and exchanged written addresses. The learned trial judge Hon Justice Obande Ogbuinya of Ebonyi State High Court (as he then was) at the end, entered judgment for the Dr Uzokwe and dissolved the marriage between the parties on the ground of cruelty.

Justice Uzokwe appealed unsuccessfully to the court of Appeal.

One interesting aspect of the Appeal is the Justice Uzokwe’s counsel, Chief (Mrs.) A. N. Muoma, SAN attacked the Learned trial Judge, Justice Ogbuinya Personally in his appellate brief and claimed that “instead of the learned trial judge being preoccupied with writing a good judgment, he was engaged in an unnecessary voyage of grammatical bombast and flowery verbosity, hence losing focus in the determination of the issues in the case”. She further described the judgement of the Justice Ogbuinya as “wicked”.

The court of appeal held that such attack on the personality of a trial judge by a counsel can be rightly regarded as professional misconduct. v. Dr Afam Uzokwe: An interesting case where the court ruled against its own

This is an interesting divorce petition where Dr Afam Uzokwe, a medical doctor asked the court to dissolve the marriage between him and Hon Justice Theresa Uzokwe (the current Chief Judge of Abia State).

The brief fact of the case was that Dr Uzokwe and Justice Uzokwe got married on the 19th March, 1987 at the Holy Ghost Cathedral, Ogui Enugu. The couple thereafter lived together and cohabited at various addresses in Aba, Abia State, their last place of abode prior to the filing of the petition for divorce by Dr Uzokwe, was at No. 1 Kings Park Avenue, Abayi, Aba. The couple was blessed with three children: two boys and one girl. The marital relationship between the couple had turned sour, hence Dr Uzokwe filed divorce petition in order to part ways, with Justice Uzokwe on the ground that her acts of cruelty was endangering his life
According to the testimony of the petitioner, Dr Uzokwe, she (Justice Uzokwe) was uncontrollable. She would leave the house at will and stayed as long as she wished. In 1999, she was to travel outside the country, but never told him (her husband) until a day to her departure. She did not tell him where she was travelling to.

Eventually, she travelled and stayed for 3 months. She was travelling for conferences and coming back days after the conference had ended.

Her behaviour kept his sisters and parents away from his house for over twenty years. It was only his father who would come once in a while she was weird and wherever she went people made nasty comments about her. She is aggressive.

She indoctrinated the children of the marriage against him, the petitioner. She would not allow his mother cook in the kitchen and she engaged in verbal abuse against her. She called his mother all sorts of name: witch. She connived with the A. C. Of Police in Aba, Mr. Gwadebe, and he was arrested in his hospital on 15/01/2003 and locked up in police cell, in Umuabakwa and Umuahia for three days.

He claims that these acts of cruelty from the wife is endangering his life.

Justice Uzokwe filed her answer/reply to the petition and the petition proceeded to hearing.

Dr Uzokwe gave evidence for himself and tendered into evidence, some documentary exhibits.

Justice Uzokwe did not offer parole evidence, however ten (10) witnesses testified for and on her behalf. Some documentary exhibits were admitted into evidence, at the instance of Justice Uzokwe.

Learned counsel to the parties at the trial, filed and exchanged written addresses. The learned trial judge Hon Justice Obande Ogbuinya of Ebonyi State High Court (as he then was) at the end, entered judgment for the Dr Uzokwe and dissolved the marriage between the parties on the ground of cruelty.

Justice Uzokwe appealed unsuccessfully to the court of Appeal.

One interesting aspect of the Appeal is the Justice Uzokwe’s counsel, Chief (Mrs.) A. N. Muoma, SAN attacked the Learned trial Judge, Justice Ogbuinya Personally in his appellate brief and claimed that “instead of the learned trial judge being preoccupied with writing a good judgment, he was engaged in an unnecessary voyage of grammatical bombast and flowery verbosity, hence losing focus in the determination of the issues in the case”. She further described the judgement of the Justice Ogbuinya as “wicked”.

The court of appeal held that such attack on the personality of a trial judge by a counsel can be rightly regarded as professional misconduct.