On the polling day of 23rd day of February, 2019, which was the date that the Presidential and the National Assembly Elections were held, some persons have been broadcasting election results at polling unit(s) through the media and these broadcast continues in that media and via the social media. I wish to remind such persons of the offence of broadcast of election result under the Electoral Act, 2010. Sections: 101(1) and 102 of the Electoral Act, 2010, prohibits broadcast of election results as follows ‘101 (1) A person, print or electronic medium that broadcasts, publishes, advertises or circulates any material …
Author: Hameed Ajibola Jimoh Esq.
Ever since the Independent National Electoral Commission-herein after referred to as INEC- had announced the postponement of the already scheduled elections of 16th day of February, 2019 for the Presidential and the National Assembly’s elections and the Gubernatorial, House of Assembly and Area Council of the Federal Capital Territory’s elections, and the refusal of INEC to extend the campaign periods for political parties, some persons and some political parties have been calling on INEC to review its decision by extending the campaign period relying on section 99(1) of the Electoral Act, 2010, which provides thus ‘99(1) for the purpose of…
The role of a lawyer to the society or his nation is greater than just being a lawyer. That is why it is always said that the law is an instrument of societal reformation. It is in this regard that this paper is of the views that the duty to always ask questions is heavily placed on the shoulder of a lawyer than it is in the case of an ordinary member of the society or a layman. Law in deed is the foundation of every society, especially a society which is founded on rule of law and democracy. That…
While Nigerians and the international communities were prepared and ready to ensure a free, fair and credible elections are conducted throughout the nation-Nigeria, especially, the Presidential and National Assembly elections scheduled by the Independent national Electoral Commission-herein after referred to as INEC-, to hold on the 16ht day of February, 2019, then, came the shock by INEC’s announcement of the postponement of the said elections to the 23rd day of February, 2019, with a week extension likewise with a week extension for the gubernatorial, House of Assembly and the Federal Capital Territory Area Councils’ elections. This postponement has generated a…
There has been arguments around the nation from several quarters, especially the politically influenced arguments in respect of the purported letter that Attorney-General of the Federation-herein after referred to as the AGF-, was reported to have sent to the Independent National Electoral Commission-herein after referred to as INEC-, in respect of the Zamfara State’s election of the year 2019, wherein it was reported that the AGF had directed INEC to postpone the said State’s election to enable the All Progressives Congress-herein after referred to as APC-, to field in its candidates for the 2019 elections, the AGF relying on the…
In human rights litigation, there has always been the hurdle of execution and or enforcement of judgment/judgment sum by the Judgment creditor, especially in the case of judgment in favour of the Applicant which is to be enforced against government or any of its ministries, agencies or departments, as it has always been the case that the government or the Central Bank of Nigeria –herein after referred to as the CBN- against whom garnishee proceedings have been instituted to enforce the judgment sum, always engage the victim of fundamental rights violation in another battle of a second litigation by raising…
For quite a while, human rights of Nigerian citizens have continued to be taken with less importance either by some government’s agencies or individual members of the society. There are occasions where suspects have been made to face persecution helplessly rather than prosecution in accordance with rule of law. Some have to face jungle justice by virtue of perhaps lack of trust in the justice system of the judiciary or a delayed and frustrated justice in the judiciary by members of the public. Just of recent, two different videos have been circulated via the social media which showed scenes where…
Recently, there was a trending video on social media of a lady who was alleged to have stolen a phone as a result of which some persons forcefully inserted pepper into her vagina/female private part and the video uploaded on media as a punishment for her alleged offence. It is a great shock beyond my human imagination to still have some of these occasions witnessed or heard of in Nigeria or some parts of Nigeria! This paper joins in solidarity with those already ensuring justice is secured for this victim and overpowered young lady. This act of the perpetrators is…
The month of January, 2019 is important and memorable in the life and history of Nigerians. It is memorable in the history of the Nigerian judiciary. It is memorable in the history of the Nigerian Bar Association. It is memorable in the history of the Code of Conducts Bureau and Tribunal. It is memorable in the history of the court’s system. It is memorable in the history of the National Judicial Council of Nigeria. And it is memorable in the history of Nigerian government as a whole. Furthermore, there are many events that made the month of January, 2019, very…
In the recent time, there has existed an argument among some lawyers as to the effect of the provisions of section 3 of the Code of Conduct Bureau and Tribunal Act, 2004-herein after referred to as the CCBTA-, especially its proviso. Those lawyers are of the view that just like the proviso has already provided that ‘Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary’, then, where the person has made an admission for instance, of none-declaration of his assets or false declaration as a public…
According to the Webster on-line dictionary, the word ‘removal’ means among other meanings, to remove: to force (someone) to leave a job; to dismiss (someone) from a job’. Also, the word ‘suspension’ was defined among other meanings by the same dictionary as ‘to debar temporarily especially from a privilege, office or function’. This paper is an attempt at considering the dichotomy between the ‘removal’ and the ‘suspension’ of a Chief Justice of Nigeria-herein after referred to as CJN- and whether there is any procedure laid down for the President to follow in suspending the CJN. First and foremost, the law…
On the 23rd day of January, 2019, there was a report that the Code of Conducts Tribunal-herein after referred to as the CCT- granted an Order based on an ex-parte motion filed before it by the Code of Conduct Bureau to the effect that the Chief Justice of Nigeria-herein after referred to as the CJN- shall step aside as the Chief Justice of Nigeria and Chairman of the National Judicial Council-herein after referred to as NJC- over allegation of contravening the provisions of the Code of Conduct and Tribunal Act, Cap C15, Laws of the Federation, 2004, pending the determination…
‘Immunity’ has been defined by Ese Malemi as the exemption of a person or body from legal proceedings, or liability. See: Ese Malemi, The Nigerian Constitutional Law, Princeton Publishing Company, Ikeja, Lagos, 2006, page 446. According to the Constitution of the Federal Republic of Nigeria, 1999, (as amended)-herein after referred to as the Constitution-, in section 308, it provides thus.—(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section— (a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office…
On Thursday, the 3rd day of January, 2019, the Independent National Electoral Commission-herein after referred to as INEC-announced Amina Zakari, a supposed niece of President Muhammadu Buhari, as Head of Collation Centre Committee for the 2019 elections. This announcement has instigated a lot of criticisms from members of the public and political parties. While some oppositions led by the Peoples’ Democratic Party-herein after referred to as PDP, have described the appointment of Zakari as an attempt by the ruling party i.e. All Progressives Congress-herein after referred to as APC (the political party from which the current President of the Federal…
