Connect with us

Latest News

Why Extradition Of Kyari, Igboho Won’t Be Automatic – Justice Fagbenle



Why Extradition Of Igboho, Kyari Won't Be Automatic - Justice Fagbenle

The extradition of the former Head of Intelligence Response Team, Abba Kyari and a Yoruba nation agitator, Chief Sunday Adeyemo popularly known as Sunday Igboho would not be automatic.

This was the position of the immediate past Chief Justice of the Gambia, Justice Emmanuel Fagbenle.

Fagbenle during an interview with newsmen after delivering a public lecture to mark the Law Week of the students of Achievers University Owo, Ondo State.

According to him the extradition of Kyari and lgboho ”is subject to the proper judicial process. It is the court pronouncement that could hand them over for extradition, without which their extradition could not be possible.”

The legal luminary pointed out that extradition has a judicial process between two countries that have treaties.

Therefore, according to him “Kyari and Igboho would not be extradited as being expected by some people without the completion of the judicial procedure in the countries where they currently are.

” We are the product of the common law and the common law justice delivery system. I know that among the countries, there are extradition treaties, which means the judicial process is involved.

” If anybody in another country does anything for which another country seeks that he should come to be tried, the first thing to be done is to set the extradition process in motion.

READ ALSO: HURIWA Urges DSS To Set Up Human Rights Desk

” Abba Kyari is a Nigerian, he is presently living in Nigeria. So the extradition trial has to be done inside Nigeria. It is only when the Nigerian court approves that he should be extradited to the other country that he could go to the other country under the force of the judicial pronouncement of the Nigerian court.

“That is how it is done. The same thing happens to Sunday Igboho in the Benin Republic. There is no amount of indictment that exists, until you pass through that process and the court has verified that you are a subject of extradition, nobody can extradite you. That is the protection you have.”

Speaking on the independence of the judiciary, Fagbenle said that to maintain credibility in the judiciary, a cooling-off period should be imposed, and completed before appointing retired judicial officers to any public office to make sure that there are no insinuations of hidden political or executive involvements in judicial decision-making processes.

” The cooling-off period not less than the full term of the elective years of the sitting government at the time of their retirement to mitigate the chances of any external interference or erosion of confidence in the judiciary

“We are Nigerians and we live in Nigeria, there are checks and balances among the three arms of government to mutually respect one another and if any of them is going on excesses the others will check it.

“Like the judiciary should be a check on the other two but the judiciary itself must be careful in the way it goes about its duties and responsibilities so that there will not be an abuse of power or office and unaccountable delivery of justice.

“The role of an independent judiciary is critical in democratic process and governance.

“Without independence of the Judiciary, there can be no proper protection of individual rights, minority rights, and the rule of law.

” The practice of separation of powers in which the three organs of government complement each other through proper checks and balances on the excesses of each other is only realizable where there is an independent judiciary.

READ ALSO: Court Grants Bail To 12 Aides Of Igboho

“Disobedience to court orders should not be allowed because it can subvert judicial powers and undermine democracy.

“Courts as the last line of defence must continue to act boldly to protect the constitution and the people. The judicial structure required to protect the rights of the individuals should be reinforced.

“The Constitution should state clearly that the state shall separate the judiciary from the executive. The judiciary should work as an independent body and not through the channels of government.

“That is, in the real sense, the judiciary should be sovereign. The judiciary should be impartial.”

The institution’s Pro-Chancellor, Dr Bode Ayorinde, who faulted the present Nigeria Constitution, said there was a need for the country to amend the constitution, saying the quality of the good judicial system is the quality of the country’s constitution.


Read more authentic news on our social media platforms

Continue Reading
Click to comment

Latest News

BREAKING: NLC, TUC Suspend Planned Strike As Govt, Labour Leaders Meet



Why I Stopped Using Social Media - Tinubu
President Bola Tinubu

The Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) on Monday night suspended their strike scheduled for Wednesday.

This development is sequel to a meeting by the representatives of the Federal Government and the Organised Labour at the Presidential Villa on Monday night over fuel subsidy removal.

The Speaker of the House of Representatives and newly appointed Chief of Staff to the President, Femi Gbajabiamila, who disclosed the outcome of the meeting to State House correspondents, read a communique stating the agreement struck between the NLC, TUC and the team set up by President Bola Tinubu to discuss the issues arising from the subsidy removal.

According to him, the Federal Government, the TUC and the NLC would establish a joint committee to review the proposal for any wage increase or award and establish a framework and timeline for implementation.

“The Federal Government, the TUC and the NLC would review World Bank Financed Cash transfer scheme and propose inclusion of low-income earners in the programme.

“The Federal Government, the TUC and the NLC to revive the CNG conversion programme earlier agreed with Labour centres in 2021 and work out detailed implementation and timing.

“The Labour centres and the Federal Government to review issues hindering effective delivery in the education sector and propose solutions for implementation.

“The Labour centres and the Federal Government to review and establish the framework for completion of the rehabilitation of the nation’s refineries.

“The Federal Government to provide a framework for the maintenance of roads and expansion of rail networks across the country.

“All other demands submitted by the TUC to the Federal Government will be assessed by the joint committee.

“Consequently, the parties agreed follows:

“The NLC to suspend the notice of strike forthwith to enable further consultations

“The TUC and the NLC to continue the ongoing engagements with the Federal Government and secure closure on the resolutions above

“The Labour Centres and the Federal Government to meet on June 19, 2023, to agree on an implementation framework.”

Earlier on Monday, the National Industrial Court restrained the Organised Labour from embarking on any form of strike.

Ruling on an exparte application filed before the court, Justice O.Y. Anuwe restrained the defendants (the TUC and the NLC) from embarking on the planned nationwide strike on Wednesday pending the hearing and determination of the motion of notice dated June 5, 2023.

The judge also ordered that the defendants be immediately served with the originating processes, the motion on notice and the order of the court.

Continue Reading

Latest News

BREAKING:Court Bars NLC, TUC From Strike Over Petrol Subsidy Removal



NLC Suspends Plan To Protest Against Fuel Subsidy Removal
Protesting workers

The National Industrial Court of Nigeria, Abuja division, on Monday restrained the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) from embarking on strike over the removal of petrol subsidy.

The federal government had asked the court for an interim injunction preventing the labour unions from proceeding on the strike scheduled to begin on Wednesday.

Delivering the ruling on Monday, Olufunke Anuwe, the presiding judge, said the unions should halt the planned strike pending the hearing and determination of the ex parte motion filed by the federal government.

On June 2, NLC issued a five-day ultimatum to the federal government to revert to the old price of petrol or face a nationwide strike.

Worker unions, including the National Union of Electricity Employees (NUEE), Judiciary Staff Union of Nigeria (JUSUN), and Nigeria Union of Journalists, have asked their members to join the planned strike.

Owing to the development, the federal government approached the court for an interim injunction.

The presiding judge said the federal government was able to show that the planned strike is capable of disrupting activities in the health and education sectors.

“The defendants/respondents are hereby restrained from embarking on the planned industrial action/or strike of any nature, pending the hearing and determination of the motion on notice dated 5th June 2023,” the judge said.

“It is ordered that the defendant/respondents be immediately served with the originating processes in this suit, the motion on notice and the order of this court hereby made.

“The motion on notice is hereby fixed for hearing for 19th June 2023. Hearing notices to that effect shall be served on the defendants/respondents along with the other processes.”

Continue Reading

Latest News

BREAKING: Kwara Govt Reduces Workdays To Three Over Fare Rise



Kwara Reopens Violence Mars Reopening Of Kwara Schools Shut Over Hijab Controversy10 Schools Amid Hijab Controversy
Kwara State Governor Abdulrahman Abdulrazak.

As fares have risen following the removal of fuel subsidy, the Kwara State government has directed that work days be reduced from five days to three per week for every worker in the state.

The state government said on Monday that the reduction of working days had become necessary following the astronomical hike in fares.

This is contained in a statement in Ilorin, by Murtala Atoyebi, the Chief Press Secretary to Gov. Abdulrahman Abdulrazak.

The State Head of Service, Mrs Susan Oluwole, therefore directed all Heads of Ministries, Departments and Agencies (MDAs) to immediately work out a format indicating the alternating work days for each worker under them.

Continue Reading

Top Stories