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Adegboruwa Gives Ambode, Lagos Assembly Notice Of Court Action On Proposed Imposition Of Fine On Motorists

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Eminent lawyer and human rights activist, Ebun-Olu Adetgboruwa, has given Governor Akinwunmi Ambode and the Speaker of the Lagos State House of Assembly notice of his intention to file a case in court to challenge the imposition of fines on motorists with expired vehicle documents.

This is contained in a letter dated February 11, 2019, in which Mr. Adegboruwa informed the Governor and the Speaker of an alarming post currently circulating on the social media, about hidden cameras mounted in strategic areas in Alausa, to be deployed to capture and read the particulars of all vehicles and any vehicle discovered to bear expired documents would be subject to a fine of N20,000 or the said vehicle will be impounded.

Mr. Adegboruwa is contending that the government of Lagos State has no power to impose any fine on any citizen without a law defining and prescribing such a fine, after a full trial before a court of law. He is relying on section 36 (12) of the 1999 Constitution to argue that no citizen can be subjected to any conviction of payment of a fine unless there is an existing law covering such fine. He said that upon receiving several calls and messages from concerned citizens, he has searched all the laws of Lagos State and could not find any law authorising such imposition of fine on motorists. He therefore wants Governor Ambode and the Speaker to furnish the particulars of such law and if there is none, they should immediately debunk the alarming information since it is already creating fear of the unknown on many Lagosians who are now scared to go out.

Adegboruwa then informed the Governor and the Speaker that if indeed there exists such law, he would be challenging it by filing a case at the High Court to seek a declaration to nullify it as illegal, unconstitutional, null and void and an order of injunction to restrain its implementation.

Below is the text of the letter.

Our Ref: A&C/RC/L-07/02/2019

Monday, February 11, 2019

His Excellency,

The Executive Governor of Lagos State,

Governor’s Oficce,

Alausa, Ikeja,

Lagos.

Dear Sir,

RE: ALLEGED HIDDEN CAMERAS IN ALAUSA AREA AND IMPOSITION OF FINES AND TAXES ON MOTORISTS

The above matter refers. I write to bring to your esteemed notice, a recent development concerning alleged hidden cameras said to be positioned around government secretariat in Alausa area of Lagos, to be deployed for the imposition of fines on motorists plying roads in Lagos State.

About a week ago, the social media became agog with news of a new revenue drive by the Lagos State Government, through the imposition of fines on motorists with expired vehicle documents. For ease of reference, the said alarming and disturbing message is reproduced herein:

“Don’t drive any of your vehicles with expired documents within Ikeja environs especially the Alausa secretariat. There are special cameras mounted to capture plate numbers, read their vehicle details and charge them where a default exists. A text message will come to your phone requesting you to pay the fine within seven days or the car will be impounded. Each offence is N20,000. Yes, they are using Secretariat to test run the system. Eventually it is going to be installed all over Lagos. At least one will pass through areas like Oshodi, Ikeja, Agege (when completed), VI, Lekki, Ajah, Marina, Ikorodu, Epe, etc. At all these areas, this system will be installed. No matter how fast you are, the camera will pick your number. More money for Lagos. Let’s do the right thing at the right time. Always check your particulars and renew when due.

The next stage will be direct debit to your bank account. No vehicle will be registered or renewed without the owner (sic) bank account. That is what they operate in South Africa. Now, police won’t be disturbing and checking particulars.”

From the above post, there is an alleged plan by the Lagos State Government, to be penalising motorists whose vehicle documents have expired, by compelling them to pay a particular amount ranging from N20,000 and above. It is my humble view that a fine or penalty should be a result of the violation of an existing law, following due process of law. In other words, the defaulting motorist must have been properly arraigned pursuant to an existing law, before a court of competent jurisdiction and subjected to proper trial and conviction, to be liable to pay any fine or penalty.

I have however searched through the latest compilation of the laws of Lagos State, 2015 and subsequent laws enacted by the House of Assembly of Lagos State, and I have not been able to locate any law authorising the imposition of penalty or fine on motorists on account of expired vehicle documents. The procedure that I am presently familiar with is that the Lagos State Government has perfected a reminder mechanism by which all motorists are enjoined to renew the documents of their vehicles and all outstanding charges are collected in that process.

Under and by virtue of section 36 (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):

“Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law …”

This section has been interpreted by the Courts, especially in the famous case of Aoko v Fagbemi (1961) 1 ALL NLR 400, to the extent that no citizen of Nigeria, (including motorists in Lagos State), can be subject to the rule of arbitrariness, such as contained in the above post. The power to impose any fine upon any citizen resides with the court properly established for that purpose. I therefore humbly seek your kind confirmation and/or clarification of the above Sir, to enable me respond to several inquiries that I have received from many Nigerians, who are now scared to move around for fear of the unknown.

Sir, it is the requirement of the newly enacted High Court (Civil Procedure) Rules of Lagos State, 2019, that all avenues of resolution of potential court cases be explored, before proceeding to file any case in court. I will thus be glad to meet with any official of the State, to be better educated and enlightened on this development. I also do humbly suggest, where this alarming information is not correct, that steps be taken to alert all residents of Lagos State on the true state of affairs.

PRE-ACTION NOTICE

If however the information is true and correct, kindly take this as notice of my intention to commence an action in the High Court of Lagos State, against the Lagos State Government and all its functionaries, including but not limited to the Lagos State House of Assembly, to seek declarations from the court, to annul the said policy as illegal, unconstitutional, null and void. I will also be seeking an order of injunction to restrain the Lagos State Government from implementing the said policy.

While appreciating your prompt and positive response, please accept the best assurances of my warmest regards, always.

Yours Sincerely,

EBUN-OLU ADEGBORUWA, ESQ.

BIG STORY

Appeal Court Nullifies Rape Conviction Of Lagos Doctor Femi Olaleye

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The Lagos appeal court has overturned the “rape” conviction of Femi Olaleye, managing director of Optimal Cancer Care Foundation. On Friday, the appellate court ruled that the lower court “erred” in its judgment.

Olaleye was arraigned in November 2022 on a two-count charge of “defilement of a child” and “sexual assault by penetration.”

He was convicted in October 2023 and sentenced to life imprisonment for “rape.”

However, the appeal court held that the lower court relied on “tainted” and “unreliable” evidence.

THE VERDICT

The three-member panel of the appeal court are Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.

Bada read the lead judgment which was adopted by the two other justices.

The appeal court held that the lower court erred based on the “tainted” and “unreliable” evidence of Oluremi, the defendant’s wife, and the alleged survivor.

The appeal court stated that Oluremi’s conduct showed that she was motivated by greed and the desire to take over the appellant’s assets upon his incarceration.

The appellate court described Olaleye’s wife as a “tainted witness”.

The court also ruled that the lower court relied on the “hearsay evidence” of the other witnesses on the age of the alleged survivor.

The appellate court held that since none of the witnesses witnessed the birth of the alleged survivor, it was wrong for the lower court to rely on their testimonies.

The court ruled that the prosecution’s case that the alleged survivor was a 16-year-old child was bereft of evidence.

The court described the testimonies of the child forensic specialist, that of a medical doctor from the Mirabel Centre, and the investigating officer’s, as “worthless”.

The appellate court said the trial judge “interfered” in the proceedings by bridging the “yawning gaps” in the prosecution’s case.

The court held that the prosecution failed to present material witnesses such as two family members who witnessed Olaleye’s alleged confession.

The court said a trial within trial ought to have been conducted to ascertain the voluntariness of the appellant’s confessional statements while in police custody.

The court of appeal resolved all five issues in favour of the appellant.

The appeal court thereafter discharged and acquitted Olaleye.

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BIG STORY

US-Based Nigerian May Get 20-Year Jail Term Over Money Laundry

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A United States-based Nigerian, Samson Omoniyi, who was arrested alongside eight others for alleged money laundering and fraud, may be sentenced to 20 years in prison if found guilty by US authorities.

This was contained in a press statement signed by the Office of Public Affairs of the US Department of Justice late Wednesday.

The statement noted that Omoniyi, alongside his accomplices, was indicted on Tuesday on allegations of conspiracy to engage in money laundering following their arrest across three jurisdictions in the US.

It further indicated that the defendants, who remain innocent until proven guilty by the court, operated a money laundering organisation to launder proceeds from fraud amounting to millions of US dollars, allegedly obtained from defrauding multiple citizens.

The statement read, “An indictment was unsealed yesterday (Tuesday) in Nashville, Tennessee. It charges nine members of a multi-state money laundering organisation with laundering millions of dollars derived from internet fraud, including business email compromise schemes. The nine defendants were arrested in a coordinated takedown across three jurisdictions.

“According to court documents, Samson A. Omoniyi, 43, of Houston; Misha L. Cooper, 50, of Murfreesboro, Tennessee; Robert A. Cooper, 66, of Murfreesboro; Carlesha L. Perry, 36, of Houston; Whitney D. Bardley, 30, of Florissant, Missouri; Lauren O. Guidry, 32, of Houston; Caira Y. Osby, 44, of Houston; Dazai S. Harris, 34, of Murfreesboro; and Edward D. Peebles, 35, of Murfreesboro, were charged with conspiracy to engage in money laundering.

“As alleged in the indictment, the defendants were members of a long-running money laundering organisation operating since approximately November 2016 in and around Tennessee, Texas, and across the country.”

The statement further stressed that the defendants used the structured organisation as a guise to launder the proceeds of their fraud and to enrich members of the syndicate.

“The conspirators allegedly structured the organisation so that recruiters or ‘herders’ recruited and directed participants or ‘money mules’ to launder money obtained from Internet frauds that targeted businesses and individuals in the United States and abroad.

“The defendants allegedly used sham and front companies to conceal the fraud proceeds and enrich the conspiracy members. The conspiracy allegedly agreed to launder more than $20 million in fraud proceeds,” it stated.

According to the statement, each of the defendants could be sentenced to 20 years in prison under the US Sentencing Guidelines as the maximum penalty for their offence.

“The defendants each face a maximum penalty of 20 years in prison if convicted. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law,” the statement concluded.

Earlier reports had it that two Nigerians, Anthony Ibekie and Samuel Aniukwu, were sentenced by a US federal jury to 30 years combined jail time for defrauding some US citizens of $3,500,000.

According to the US Justice Department, the duo had deceived their victims by telling them that they had received substantial inheritances that required some money to claim.

The duo was said to have requested their victims send money with a promise to refund them once the inheritances were claimed.

It was also noted that the duo carried out romance scams by establishing romantic relationships with their victims and demanding that they send money after building trust with them.

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BIG STORY

Australia Bans Social Media Use For Children Under-16

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Australia’s parliament on Thursday passed a world-first law banning social media for children under 16, putting tech companies on notice to tighten security before a cut-off date that’s yet to be set.

The ban came following the passage of a groundbreaking law in parliament.

The new law was drafted in response to what the Labor Prime Minister, Anthony Albanese, described as a “clear, causal link between the rise of social media and the harm [to] the mental health of young Australians.”

“We want our kids to have a childhood and parents to know we have their backs,” Albanese told reporters afterwards.

The new law, passed by the Senate with 34 votes to 19, prohibits platforms like TikTok, Snapchat, Instagram, Facebook, X, and Reddit from allowing users under 16.

Companies found in violation could face fines of up to AU$50 million (US$32 million). YouTube has been excluded from the ban due to its educational content.

While the law has been hailed by some as a bold move to protect children, it has drawn criticism from academics, advocacy groups, and tech experts.

Concerns have been raised that the legislation could drive teenagers to unsafe spaces like the dark web or lead to increased isolation.

Questions about enforcement have also surfaced, with critics warning that rushed implementation could create privacy risks if companies require extensive personal data for age verification.

Amnesty International has recommended that the bill be reconsidered, arguing “ban that isolates young people will not meet the government’s objective of improving young people’s lives.”

The bill received over 15,000 public submissions in a single day, many opposing the measure, after tech billionaire Elon Musk drew attention to the proposal on X.

The law will take effect in 12 months, allowing time for the government to trial age-verification technologies.

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