THE NATION FRIDAY, FEBRUARY 17, 2012
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NEWS Senate confirms Abiola-Edewor as NDIC Director
Kogi: Supreme Court dismisses PDP’s request on Wada
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HE Supreme Court yesterday dismissed an application by the Peoples Democratic Party (PDP), asking it for a consequential order based on its judgment on tenure elongation of five governors. A seven-member panel, chaired by the Chief Justice of Nigeria (CJN), Dahiru Musdapher said it has become functus officio and that the apex court lacked the power to make pronouncement on the case again. PDP’s counsel Chris Uche, (SAN), had asked the court to make a consequential order declaring that Captain Idris Wada was the governor-inwaiting as at the time the judgment on tenure elongation of five governors was delivered. In its judgment of January 27, the apex court had declared that the tenure of the governors expired since May 28, 2011. Affected by the judgment were Governors Ibrahim Idris (Kogi), Timipre Sylva (Bayel-
From Onyedi Ojiabor, Assistant Editor and Sanni Onogu, Abuja
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•Refuses to declare him governor From Kamarudeen Ogundele, Abuja
sa), Liyel Imoke (Cross-River), Aliyu Wamako (Sokoto) and Muritala Nyako (Adamawa). Shortly, after the ruling, the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, (SAN), directed that the Speakers of the Houses of Assembly in the affected states should be sworn in as acting governors. Although the Kogi speaker was sworn in as acting governor by the Chief Judge, Wada was also on the same day sworn in by the President of the Customary Court of Appeal as governor. Following the intervention of the presidency, Wada was retained as the governor while the speaker was asked to quit as acting governor. In an unanimous ruling yesterday, the apex court said it
cannot grant any request for consequential order. Justice Musdapher who delivered the ruling said: “Any consequential order must be one giving effect to the judgment in its ordinary meaning. “A consequential order therefore made subsequently to a judgment which drags from the judgment or which contains extraneous matters is not order within its jurisdiction. “Having determined the rights of parties by giving judgment, the Judge becomes functus officio except for any act permitted by law or to support. “The power to grant consequential order must be exercised with great caution. The jurisdiction is not a backdoor for rearguing a case. It is not to be used for the purpose of reagitating argument already considered by a court or be-
•Wada
cause a party has failed to present the argument. “It does not extend to correcting a previous decision or to make further orders on a point or points not an issue at the hearing. “There is no doubt this court has jurisdiction to give reliefs or make substantive order where justice of the case demands it and where this court must do substantial justice. “The motion is accordingly dismissed. Similarly all applications for joinder are dismissed,” Musdapher added.
HE Senate yesterday approved the nomination of Mrs. Omolola Abiola-Edewor as the Executive Director (Corporate Services) of the Nigerian Deposit Insurance Corporation (NDIC). Mrs. Abiola-Edewor is the daughter of the presumed winner of the annulled June 12, 1993 presidential election, the late MKO Abiola. She was a member of the House of Representatives from 1999 to 2007. Deputy Senate President Ike Ekweremadu, who presided over yesterday’s session, said Mrs. Abiola-Edewor’s appointment would help in increasing the visibility of the corporation, adding that her experience as a former member of the legislature would come in handy. In the same vein, the senate has endorsed the appointment of five Resident Electoral Commissioners (RECs) into the Independent National Electoral Commission (INEC). The RECs include; Prof Jacob Shekwonudu Jatau (Nasarawa), Baba Abba Yusuf (Bornu), Segun Agbaje (Ekiti), Nasir Ayilara (Kwara) and Austine Okojie (Edo). Almost all the new RECs are from states controlled by opposition parties, save for Kwara which is a Peoples Democratic Party (PDP) state. Ekweremadu urged the new RECs to contribute in addressing the grey areas arising from the 2011 general election. “We had a very successful outing in the last election. We believe that these ones (new RECs) will join forces with their colleagues already in the commission on the good work they have already started.”
Auchi Poly Rector re-appointed
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RESIDENT Goodluck Jonathan has approved the re-appointment of Dr. Philla Idogho as the Rector of The Polytechnic, Auchi, for another term of four years. Dr. Idogho was first appointed in 2008 and her tenure is due for expiration on March 15. The institution’s spokesman, Mustapha Oshiobugie dropped the hint yesterday. Dr. Idogho holds the
From Osagie Otabor, Benin
Higher National Degree (HND) in Secretarial Studies of the Auchi Polytechnic, a post graduate diploma in Technical Education of the University of Benin and a masters degree in Educational Administration, also of the University of Benin. She holds a Doctorate degree in Educational Management of the Ambrose Alli University, Ekpoma.
Three years after, Fani-Kayode’s trial begins afresh By Eric Ikhilae
D •Temitope flanked by her parents...yesterday
PHOTO: OMOSEHIN MOSES
LASUCOM inducts Bello’s daughter, 27 others
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HE daughter of the Lagos State Commissioner for the Environment, Mr Tunji Bello, Temitope, was among the 28 doctors inducted yesterday by the Lagos State University College of Medicine (LASUCOM). The induction took place at the college’s Medical Research Centre (MRC) auditorium. In a keynote address, Prof Julius Esho, advised the new doctors to practice what he termed defensive medicine, pointing out the need for proper documentation to avoid libels by patients. Esho urged the doctors to note that provisional registration, excellent performance in activities, acquisition of skills, proper dressing to inspire respect and confidence of patients, empathy with patients and families and update on latest information are the hallmarks of a good medical doctor. He
By Oyeyemi Gbenga-Mustapha
enjoined them to embrace these in order to be fulfilled as a physician. He advised the young doctors to avoid all forms of sharp practices and patiently choose a field of specialty that they love and enjoy, advising them to shun the syndrome of ‘practice with tongue’ but practice with the brain as more patients are now litigation conscious. Provost of the College, Prof. Bandele Osinusi congratulated the graduating doctors, reminding them to continue to reflect on the ethical standards of the profession against all odds while also urging the new doctors to continue to refresh and update their knowledge in medicine as this is the only guarantee to be relevant in the medical world.
Boko Haram: NTDC gives hotel owners 30-day ultimatum
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ORRIED by security threats by Boko Haram, the Nigerian Tourism Development Corporation (NTDC) has given hotel owners a 30-day ultimatum to register or be shut down. It also said the corporation will no longer accept the current trend whereby most hotels give preference to expatriates above Nigerians. The Director-General of NTDC, Otunba Olusegun Runsewe, who gave the ultimatum in a statement in Abuja , cited security breaches from the Boko Haram sect for the
From Yusuf Alli, Managing Editor, Northern Operation
ultimatum. Runsewe said: “Following security threats by Boko Haram in some parts of the country, the NTDC has decided to take proactive measures to provide safety for Nigerians, foreigners and tourists. “The NTDC is giving an ultimatum of 30 days to owners of hotels, motels, guest houses, night clubs, eateries and others to register with the corporation or be shut down. “In addition, they should also give details of the profile
of their employees including their nationalities for necessary checks by the security agencies. “The directive has a nationwide application. It is a punishable offence to run a hotel or other hospitality enterprises without a signboard. “We are aware that those involved in these illegal activities are the people that are not ready to comply with the law of the land. “The identity of every worker in the industry is required. There are reasons to suspect that many illegal aliens are engaged in the hospitality busi-
ness in Nigeria to the detriment of qualified Nigerians. “As a result of the importance of the tourism industry, there is the need for security agencies to have an inventory of all tourism enterprises in the country for effective monitoring in the interest of security and stability. “We cannot afford to allow our hospitality enterprises to be used as dens for crime and criminalities. “The corporation is by law empowered to register all hotels and other hospitality enterprises to provide a comprehensive database for effecting the necessary regulation in the industry.”
ESPITE stiff protest by his lawyer, the former Aviation Minister, Chief Femi Fani Kayode was yesterday recommenced for trial by a Federal High Court, sitting in Lagos. He was re-arraigned before Justice Fatimat Nyako on a 47-count charge on which he was first arraigned on December 23, 2008 by the Economic and Financial Crimes Commission (EFCC) before Justice Ahmed Mohammed. The decision to re-arraign the ex-minister was informed by the reassignment of the case to Justice Nyako, a development which arose from a judgment of the Court of Appeal last year. The court held that electronically generated account statement was admissible in evidence and directed a continuation of the trial. Fani-Kayode pleaded not guilty to the charge yesterday. He is charged with money laundering offences including transacting in funds exceeding N500, 000 without using a financial institution; accepting cash payment of about N230 million; collaboration to conceal and concealment. His counsel, Chief Ladi Williams, (SAN), had in a bid to prevent his re-arraignment, argued against the planned recommencement of his client’s trial on the ground that he was still before the Supreme Court, challenging the Appeal Court’s judgment of 2010. He urged the court to adjourn the case beyond May 21, a day, he said, the Supreme Court has scheduled for the hearing of a motion seeking to stay proceedings in the case at the lower court. Williams told the court that an interlocutory appeal against the decision of the Court of Appeal in Lagos, which admitted the statement of account of the accused person as evidence, has been entered at the Supreme Court. He also premised his opposition to the re-arraignment of his client on the ground that the Appeal Court’s judgment did not order for a fresh trial. EFCC counsel Festus Afeiyodian countered Williams’ argument, stressing that the re-assignment of the case has rendered the interlocutory appeal lodged at the apex court was an academic exercise. He argued that there is no proof that the said interlocutory appeal has been entered at the Supreme Court. After the parties’ argument, the court ruled in favour of the prosecution and directed that Fani-Kayode’s plea be taken afresh; following which he was granted bail, having pleaded not guilty. He is to remain on bail on the conditions attached to the earlier bail. Nyako ordered Fani-Kayode not to travel out of the country pending the final determination of the case. She also directed his lawyers to ensure that all necessary processes regarding the interlocutory appeal were filed and adjourned the case to April 24 for mention.