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Olisa Agbakoba Drags AGF To Court Over CJN’s Trial

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Constitutional lawyer and former President of Nigerian Bar Association, Chief Olisa Agbakoba, SAN, has dragged the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, to court over moves to arraign the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, over his alleged non-declaration of assets.

In the suit he lodged before the Federal High Court in Abuja, Agbakoba, through his lawyer, Chief Mike Ozekhome, SAN, maintained that the six-count charge pending against the CJN at the Code of Conduct Tribunal, CCT, in Abuja, is illegal, unlawful, wrongful, unconstitutional, null and void.

He is praying the court to determine, “Whether having regard to the decision of the Court of Appeal in NgajiwaV FRN (2017) LPELR-43391 (CA) , the combined provisions of sections 6, 153,158,287(2), and 292(1) and Paragraph 21(b) of the 3rd Schedule to the 1999 Constitution, as altered and extant provisions of the Code of Conduct for Judicial Officers, the present charge in Charge No:CCT/ABJ/01/19 against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, does not amounr to flagrant and violent disregard of the provisions of the Constitution, due process of law, and, therefore, unconstitutional, null, void and of no effect whatsoever.

“Whether the 1st and 2nd defendants can competently file and maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd defendant, the Code of Conduct Tribunal, or indeed any court or tribunal without prior recourse to the 4th defendant, the National Judicial Council, in accordance with constitutional provisions.

“Whether the 1st and 2nd defendants can maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, in Charge No:CCT/ABJ/01/19 before the 3rd Defendant, the Code of Conduct Tribunal, or indeed any Court or Tribunal without affording him adequate time and facilities for preparation of his defence.”

Upon determination of the legal questions, Agbakoba, prayed the court to among other things, declare that “the purported steps taken by the 1st and 2nd Defendants to arraign Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, on the basis of Charge No:CCT/ABJ/01/19 filed therein, without prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.

“A declaration that the purported or proposed arraignment, of the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, on the basis Charge No:CCT/ABJ/01/19 filed therein, without first having prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void

“A declaration that the purported or proposed arraignment, of the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, without first being afforded sufficient time and facilities for preparation of his defence, is unconstitutional, null and void, being a gross violation of the provisions of Section 36 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“A declaration that Charge No:CCT/ABJ/01/19, filed against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, by the 1stand 2nd Defendants, before the Code of Conduct Tribunal, the 3rd Defendant, without first having prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.

“An order of this Honourable Court, quashing and/or setting aside, in their entirety, all the charges preferred by the 1st and 2nd Defendants, against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, in Charge No:CCT/ABJ/01/19 and nullifying all steps taken by the 2nd and 3rd Defendants, leading to the said illegal and unconstitutional arraignment or proposed arraignment of Honourable Justice Walter Samuel Nkanu Onnoghen, CJN before the 3rd Defendant.

Likewise, “An order of injunction by this Honourable Court, restraining the 1st and 2nd Defendants, whether by themselves, servants,privies or officers working under them, from maintaining the charges or taking any further steps towards maintenance and prosecution of any charges, against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the 3rd Defendant or any other Court or Tribunal, without first having recourse to the 4th Defendant”.

Aside from the AGF, other defendants in the suit are the Code of Conduct Bureau, the CCT and the National Judicial Council.

BIG STORY

‘Bandit Kingpin’ Dogo Isah Killed As Rival Gangs Clash In Kaduna Forest

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Dogo Isah, a notorious bandit leader, has reportedly been killed during a violent clash with a rival group in Kaduna state.

Isah, “infamous for leading high-profile attacks and terrorising residents in Kachia and parts of Kajuru LGA,” was involved in a confrontation over cattle rustling in Kachia forest on January 7. He was a cousin to Tukur Sharme, another bandit leader killed in a similar fratricidal clash in September 2024.

Zagazola Makama, a counter-insurgency publication covering the Lake Chad region, reported that Isah and his gang attempted to rustle cattle from a camp led by Kachalla Musa, a repentant bandit leader, which led to the confrontation.

Isah died alongside two of his gang members during the ensuing gun battle. Musa and his faction had recently embraced a peace initiative from the Kaduna state government and security agencies, following a meeting with stakeholders in Tsohon Gaya village, Chikun LGA.

“The initiative, which encourages former bandits to surrender and cease hostilities, had been extended to Dogo Isah, but he rejected the offer and continued his criminal activities, including cattle rustling and violent attacks,” the report noted.

“Dogo Isah’s group has been responsible for several high-profile attacks in the region, including the deaths of members of the 305 Artillery Demo Regiment in Makaranta Forest, Kagarko LGA, and an officer of the defunct Sect 4 OPWP near Gadan Mallam village along the Abuja-Kaduna road in 2022.”

“More recently, Dogo Isah’s group attacked Nigerian Navy personnel at a checkpoint in Kujama on January 5, 2025, resulting in the deaths of two Navy personnel and the theft of their AK-47 rifles.”

Makama warned that while Isah’s death may be seen as “a setback to banditry in Kaduna state, it has heightened fears among the recently repentant members of Kachalla Musa’s group.”

The report also added that Isah’s followers are now apprehensive and may be plotting a reprisal.

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Court Summons Interior Minister Tunji-Ojo, AGF Over Proposed Expatriate Employment Levy

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A federal high court in Abuja has summoned Olubunmi Tunji-Ojo, the minister of interior, and Lateef Fagbemi, the attorney-general of the federation (AGF), over issues related to the expatriate employment levy (EEL).

The ministers are required to appear before the court on January 16 to justify why the proposed expatriates taxation regime should not be halted.

Inyang Ekwo, the presiding judge, issued this ruling on Thursday following a motion ex parte presented by Patrick Peter, counsel representing the plaintiff.

Ekwo directed that the minister and the AGF be served with the motion within three days of the order.

The suit, marked FHC/ABJ/CD/1780/2024, was filed by the Incorporated Trustees of New Kosol Welfare Initiative.

The group seeks an order of interim injunction to prevent the defendants from implementing the new expatriates’ taxation regime in Nigeria until the motion is heard and decided.

In the affidavit attached to the suit, Raphael Ezeh, programme implementation coordinator of the group, stated that the EEL taxation policy was announced by the federal government on Tuesday, February 27, 2024.

“According to KPMG and other online information analysts and dissemination agencies, the federal government intends to compel all companies and organisations who engage the services of foreign expatriates to pay tax E.E.L. as follows: For every expatriate on the level of a director — Fifteen Thousand United States Dollars ($15,000.00) equivalent to Twenty-Three Million Naira, by the current exchange rates (NW23,000,000.00) per annum,” he said.

“For every expatriate on a non-director level – Ten Thousand United States Dollars ($10,000.00) equivalent to Sixteen Million Naira, by the current exchange rates (N16,000,000.00) per annum.”

Ezeh stated that the federal government has also proposed additional regulations, including penalties and sanctions for non-compliance with the proposed taxation regime.

According to him, inaccurate or incomplete reporting will result in five years imprisonment and/or N1 million.

He explained that failure by a corporate entity to file EEL within 30 days will attract a penalty of N3 million.

Similarly, failure to register an employee within 30 days or the submission of false information will also incur a penalty of N3 million.

Ezeh added that failure to renew the EEL before its expiry date will attract a penalty of N3 million.

“The proposed taxation regime is totally an anti-people policy because of its radical effect on different aspects of the Nigerian economy, and it works like a choke-hold against the economic growth of the nation,” he said.

He emphasized that taxation is a sensitive issue, requiring collaboration between the executive and legislative arms of government under the 1999 Constitution (as amended).

He noted that, under section 59 of the constitution, the executive alone lacks the authority to impose taxes on corporate bodies and citizens.

Ezeh added that the current tax regime is “significantly more favourable to expatriates” compared to the proposed system.

“If the defendants are not restrained by an order of this honourable court, they will commence full implementation of the said programme, thereby threatening the nation’s economic sustainability,” he said.

The matter was adjourned to January 16 for the defendants to appear before the court and show cause.

The federal ministry of interior had suspended the implementation of the EEL in 2024 to allow for further consultations with the Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture (NACCIMA) and other stakeholders.

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JUST IN: Court Remands Lagos Teacher For Assaulting 3-Yr-Old Boy

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A 45-year-old teacher from Christ-Mitots International School, Stella Nwadigbo, has been remanded by a Magistrate Court in Ogba for allegedly assaulting a three-year-old child in the Ikorodu Local Government Area of Lagos State.

Nwadigbo, who was suspended by the school management in response to public outcry, was remanded by the court at Kirikiri Correctional Facility, awaiting the next hearing on February 18, 2025.

The teacher was remanded on Thursday after the Police arraigned her for beating a pupil, “Micheal Abayomi,” who was unable to write the numbers 16 and 61 during school hours.

 

More to come…

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