The Federal High Court, Abuja, on Wednesday, fixed September 11 to hear a motion filed by the Islamic Movement in Nigeria, popularly called Shi’ites, asking the court to vacate the ex parte order it gave on July 26 proscribing its activities in the country.
Justice Nkeonye Maha of Court adjourned the case after hearing the two counsels.
The Solicitor General of the Federation, Mr Ayo Apata, SAN, had applied for more time.
Counsel to the IMN, Mr Femi Falana, SAN, did not oppose the request either.
The court had, upon an ex-parte motion by the office of the Attorney General of the Federation also declared the group a terrorist organisation.
The IMN, in a notice of motion filed, on August 2, by its lawyer, Femi Falana, SAN, particularly sought the court to vacate the “ex-parte order made on July 26, in Suit No: FHC/ABJ/CS/876/2019 between: AGF vs. IMN proscribing the existence and activities of the group in Nigeria under whatever form, either in groups or as individuals by whatever names they are called or referred to.”
The group also asked the court to set aside the order “restraining any person or group of persons from participating in any manner whatsoever in any form of activities involving or concerning the prosecution of the collective intention or otherwise of the IMN, under any other name or platform howsoever called or described in any part of Nigeria.”
The IMN stated that the reasons for its requests include that “the ex-parte order made on July 26, was made without jurisdiction, as the order was made against a non-juristic body.
“This honourable court on July 26, pursuant to an ex parte application brought by the IMN made an order, inter alia, proscribing the existence and activities of the group in any part of Nigeria under whatever form, either in groups or as individuals by whatever names they are called or referred to without affording the Respondent/Applicant the right of fair hearing.
“The said order of the honourable court breached the fundamental right of all members of the IMN in Nigeria to fair hearing guaranteed by Section 36 of the 1999 Constitution (as amended) and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation, 2004 in that no fair hearing was granted the applicant/respondent before the order was made.
“The order ex parte granted by this honourable court has violated the fundamental right of members of the Respondent to freedom of thought, conscience and religion guaranteed by Section 38 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“The order ex parte granted by this honourable court has breached the fundamental right of the members of the respondent to freedom of assembly and association guaranteed by Section of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“The honourable court did not grant the declaration ‘that the activities of the IMN in any part of Nigeria amounts(sic) to acts of terrorism and illegality,”’ the group said.
According to IMN, there was no urgency warranting the granting of the order ex parte.
“No motion-on-notice was filed together with the motion ex-parte.
“The ex-parte order made by the honourable court has determined the fundamental right of the respondent/applicant without affording it fair hearing.
“No undertaking was made as to damages. The order ex-parte was anchored on misrepresentation of material facts and based on suppression of material facts.
“The order ex parte constitutes a gross abuse of the process of this honourable court,” the group stated.
The Federal Government had, July 29, published the order in its official gazette as directed by the court.
It was described in the gazette as ”Government Notice No. 79,” titled: ”Terrorism (Prevention) Proscription Order Notice, 2019.”
Particularly, pages B597 to 602 of the document spelt out details of the enrolled order of the Federal High Court and the Federal Government’s warning against participating in any of the activities of IMN.
It reads, “Notice is hereby given that by the order of the Federal High Court, Abuja, in suit No. FHC/ABJ/Cs/876/2019 dated July 26, 2019 as per the schedule to this notice, the activities of IMN in Nigeria are declared to be terrorism and illegal in any part of Nigeria, as proscribed, pursuant to Sections 1 and 2 of the Terrorism (Prevention) Act 2011 (as amended).
”Consequently, the general public is hereby warned that any person or group of persons participating in any manner whatsoever in any form of activities involving or concerning the prosecution of the collective intentions or otherwise of the said group will be violating the provisions of the Terrorism (Prevention) Act 2011 (as amended) and liable to prosecution”.
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BREAKING: FG Proposes Extension Of Fuel Subsidy Removal By 18 Months, Seeks To Amend PIA
The Federal Government is proposing to extend the period for the implementation of the removal of subsidy on Premium Motor Spirit (PMS), popularly known as petrol, by 18 months.
The Minister of State for Petroleum Resources, Mr Timipre Sylva, announced this on Tuesday while briefing State House correspondents in Abuja.
He disclosed that the government has concluded plans to approach the National Assembly to amend the Petroleum Industry Act (PIA).
“We are proposing an 18-month extension but what the National Assembly is going to approve is up to them,” the minister said. “We would approve an 18-month extension and then it is up to the National Assembly to look at it and pass the amendment as they see it.
“With assent by the President on August 16, 2021, the PMS subsidy removal was therefore expected to take place effective February 16, 2022. However, following extensive consultations with all key stakeholders within and outside the government, it has been agreed that the implementation period for the removal of the subsidy should be extended.
“This extension will give all the stakeholders time to ensure that the implementation is carried out in a manner that ensures all necessary modalities are in place to cushion the effect of the PMS subsidy removal, in line with prevailing economic realities.
“The President assures that his administration will continue to put in place all necessary measures to protect the livelihoods of all Nigerians, especially the most vulnerable.”
Sylva, who chairs the PIA Implementation Committee, stressed that the decision of the executive arm of government to seek an amendment of the law was not politically motivated.
Rather, he explained that such a move has become necessary to halt the potential suffering of the vulnerable in the society.
The minister believes other measures such as the Dangote refinery, the Port Harcourt refinery, and other modular refineries will have significantly come on stream by the end of the year.
According to him, the new PIA provides for unrestricted market pricing for PMS from the effective date.
Sylva, however, stated that the PIA also envisaged the potential for supply disruption with its resultant effect on the economy.
“Consequently, it provides for a window of six months from the effective date for the government to request the services of NNPC Limited as the supplier of last resort.
“This is to forestall supply disruptions and guide market readiness preparatory to migration to the deregulated pricing regime,” he added.
President Muhammadu Buhari, he stated, has assured Nigerians that his administration would continue to put in place all necessary measures to protect the livelihoods of the citizens, especially the most vulnerable.
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Former Lagos SSG Adenrele Adeniran-Ogunsanya Dies At 74
Former Secretary to the Lagos State Government Princess Adenrele Adeniran-Ogunsanya has died after a brief illness.
It was learnt that Adeniran-Ogunsanya, who served as SSG under former Governor Babatunde Fashola, died on Tuesday.
She was reportedly in a comma for a few days at the Lagos State University (LASUTH) before her death.
The Ikorodu-born grassroots politician and daughter of chairman of the Nigerian People’s Party (NPN) in the Second Republic Chief Adeniran Ogunsanya was apex leader of the Lagos4Lagos movement which recently defected from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
Her illness prevented her from attending the group’s official defection ceremony at the Tafawa Balewa Square on Saturday, January 22.
746 total views, 746 views today
Alleged Money Laundering: EFCC Amends Charge Against Fani-Kayode
The Economic and Financial Crimes Commission (EFCC) on Monday arraigned a former Minister of Aviation, Femi Fani-Kayode on an amended 17-count charge of money laundering.
Fani-Kayode is standing trial alongside a former Minister of State for Finance, Nenadi Usman, a former Chairman of the Association of Local Governments of Nigeria (ALGON), Yusuf Danjuma, and a company, Jointrust Dimensions Nigeria Ltd.
The EFCC had earlier preferred a 17-count charge of N4.6 billion money laundering against the defendants before the former trial judge, Justice Mohammed Aikawa.
The defendants had each pleaded not guilty to the counts and were granted bail.
Hearing of the case had begun before Justice Aikawa and witnesses were being led in evidence before the trial judge was transferred out of the Lagos division of the court.
The case was subsequently assigned to a new trial judge, Justice Daniel Osaigor, and the defendants had to start the case from the beginning (de novo).
At Monday’s proceedings, the amended 17-count charge was read over to the defendants and they each pleaded not guilty.
After the plea, the prosecution counsel, Mr Rotimi Oyedepo asked the court for a trial date.
The defence counsel, Ferdinard Orbih (SAN), however, asked the court to allow the defendants to continue on the existing bail conditions granted by the former trial judge.
In a short ruling, the court allowed the defendants to continue on their existing bail conditions. He adjourned the case to March 11, for trial.
In the charge, the defendants were alleged to have committed the offences between January and March 2015 in Lagos.
They were alleged to have at various times, unlawfully retained over N4.6 billion, which they reasonably ought to have known formed part of the proceeds of unlawful acts of stealing and corruption.
In counts 15 to 17, Fani-Kayode and one Olubode Oke, who is said to be at large, were alleged to have made cash payments of about N30 million to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos.
The said payments were alleged to have been made in excess of amounts allowed by law without going through a financial institution.
The offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
2,771 total views, 2,364 views today
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- Former Lagos SSG Adenrele Adeniran-Ogunsanya Dies At 74
- ‘No Going Back On Our Nationwide Protest’, Says NLC Despite FG’s Suspension Of Fuel Subsidy Removal
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