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Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS

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A Federal High Court, Abuja, on Friday, dismissed the fundamental rights enforcement suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB) against the Department of States Services (DSS).

Justice Taiwo Taiwo, in a judgment, dismissed the suit for lacking in merit and substance.

The News Agency of Nigeria (NAN) reports that Kanu, through his lawyer, Maxwell Opara, had, in a fundamental rights enforcement suit marked: FHC/ABJ/CS/1585/2021, sued the Director-General (DG) of DSS and the office as 1st and 2nd respondents respectively.

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He also joined the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed on Dec. 13, 2021.

Kanu had alleged that his health was deteriorating in the DSS custody, while also alleging that the medical personnel assigned to attend to him by the DSS were unqualified, among others.

But the DSS, through its counsel, Idowu Awo, disagreed with Opara.

READ ALSO: Kanu: US Lawyer Writes Ohanaeze, Raises Alarm

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He argued that Kanu’s lawyer had not shown how the doctors attending to his client were doing “quack” work.

He further argued that merely stating that the medical doctors his office assigned to attend to Kanu were quacks did not amount to conflict, adding that Opara had not shown any material evidence to prove that the listed medical practitioners were quacks.

He prayed the court to discountenance the application.

The AGF’s lawyer, Simon Enoch, also corroborated Awo’s submission, praying the court to reject Opara’s application.

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Delivering the judgment, Justice Taiwo held that Kanu had not provided sufficient evidence that his fundamental rights were infringed upon by the security outfit “as there is no proof of torture before the court.”

On Kanu’s right to practise his religion, the judge said that while the applicant (Kanu) had the constitutional right to practice his religion in custody, he agreed with the position of the respondent (DSS) that a suspect in custody cannot be allowed to practise his religion in such a way that would disturb the peace of other suspects in custody.

On the allegation that the IPOB leader was receiving inadequate treatments from DSS doctors whom he had referred to as quacks, Taiwo said that “the applicants fail to lead evidence by calling a medical practitioner to convince the court that based on the medical report, the treatment giving to Kanu is inadequate.”

Consequently, the judge dismissed the suit for lacking in merit and substance.

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Reacting shortly after the ruling, Oprara, in a chat with NAN, said the judgment would be appealed against at the Court of Appeal.

He said the motion he filed praying the court for the DG of DSS and Kanu to give oral evidence in court to ascertain the fact of the matter was rejected by the judge.

NAN reports that Justice Taiwo had, on March 16, dismissed the motion filed by Opara, asking the court to summon the DG of DSS and Kanu to give evidence.

READ ALSO: Nnamdi Kanu: UN Asked To Investigate Nigerian, Kenyan Govts

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Taiwo, in the ruling, held that fundamental rights cases are special cases (sui generis) which mode of commencement is affidavit evidence as prescribed under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.

Justice Taiwo said that though there were various modes of commencement of the action, including fundamental rights cases, he said Kanu (applicant) chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulate affidavit evidence.”

He ruled that after carefully perusing all the affidavits of the applicant and the respondents before him, he was of the view that there were no irreconcilable conflicts in the affidavits.

The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed.

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Ex-First Bank Chairman Is Dead

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A former Minister of Labour and former Chairman of First Bank Nigeria, Ajibola Afonja has died aged 82.

The Oyo-born Prince passed away on Sunday night, May 19 at the University College Hospital, Ibadan, Oyo State.

Confirming the passage of the former Minister in a statement, the Oyo Global Forum (OGF) through its Chairman, Taiwo Adebayo described the late Afonja as a unifier.

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“On this dark day in Oyo, we mourn the loss of Ajibola Afonja, former Labour Minister and Chairman of First Bank Nigeria, who passed away on Sunday night, aged 82.

READ ALSO: Suspected Kidnapper Dies After Gun Battle With Police In Delta

“Although, a national figure with tremendous influence, he was particularly light for the Oyo community where he made pioneering efforts as an industrialist. His legacy of generosity and open-heartedness touched countless lives, and his presence will be profoundly missed.

“Until his last month, Daddy IDS, as he was affectionately known, as a reference to his manufacturing company, remained hardworking, dedicated to realizing one of the most transformative business visions for the country’s economy. It was the E-Customs project.

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“His absence leaves a void that will be difficult to fill, but his spirit of generosity and leadership will continue to inspire us. For all of us that he inspired, we shall honour his memory by carrying forward the values he embodied and continuing his legacy of service and compassion, the values that guide OGF, which he supported during his lifetime.”

READ ALSO: Iran Gets Interim President After Raisi’s Death

Afonja was Chairman of the Board of Directors of First Bank Plc and was appointed as Minister of Labour under the interim government of Earnest Shonekan.

He was the chairman of Integrated Dimensional System and many other companies. He attended Kingston University, Kingston-upon-Thames, Surrey, United Kingdom where he bagged a degree in Accounting in 1970.

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UK Regulator Reports Air Peace Over Alleged Safety Violation

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The United Kingdom Civil Aviation Authority has written Nigeria’s Civil Aviation Authority stating Air Peace has reportedly violated some aviation safety regulations

The development came barely three months after the Nigerian carrier commenced the Lagos-London route.

Two mandatory occurrence reports on Air Peace had been reportedly sent to the United Kingdom Civil Aviation Authority.

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READ ALSO: Minimum Wage: Why We May Not Accept N100,000 – Organised Labour

The UK CAA, in turn, forwarded the complaints to the NCAA.

The CAA’s letter of complaint forwarded to NCAA was entitled; ‘United  Kingdom SAFA Ramp Inspection Report with reference number: CAA-UK, -2024-0217’ and ‘NATS Management System  Safety Report.’

The NCAA has also written to Air Peace to provide clarification on the issues.

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The letter, with reference number: NCAA/DOLTS/APL/Vol.11/03624 was titled, “United Kingdom SAFA Ramp Inspection Report.

READ ALSO: Economic Hardship: Pastor Suspends Collection Of Offerings Church[VIDEO]

It was dated May 14, 2024, and signed by the NCAA General Manager of Operations, Capt. O.O. Lawani.

In the letter, the NCAA said the UK CAA had called its attention to the no operational approval of Electronic Flight Bag functions affecting the safe operation of the aircraft, while adding that the captain of the flight admitted that an Electronic Flight Bag was being used for navigational purposes.

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READ ALSO: Disregard Claim Of Me Bringing Investors To Nigeria – Ngozi Okonjo-Iweala

NCAA further noted that the CAA stated in its letter that there was “no mounting device for the use of EFB, no charging points or battery for backup.”

Air Peace recently commenced operation to London Gatwick from the Murtala Muhammed International Airport, Lagos under the Bilateral Air Services Agreement, which Nigeria has with the UK.

The spokesperson of Air Peace, Stanley Olisa, could not be reached as of press time.

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When called, the spokesperson of the airline picked but when this reporter began to enquire about the development, he kept mute until the call ended.

The PUNCH correspondent also sent a text message of enquiry to the spokesman but there was no response as of the time of filing this report.

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OPINION: Kneeling For Imams Of Northern Nigeria

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By Lasisi Olagunju

A minister suffered severe abuse and reprimand from the elites of the North last week because she asked the North to choose mass education first before mass marriage. Sixty-four years after independence, we are still struggling to understand Nigeria’s Muslim North and its ways. A 1950 letter to the editor of Gaskiya, northern Nigeria’s preeminent Hausa newspaper, should tell us something about the mystery of the region.

The letter appeared in the newspaper’s number 391 of 8 March, 1950 on page 2.

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It reads:

“To the Editor – I beg to lay this complaint before you, so that you may approach the Sultan in order that I may achieve my desire. I am of slave descent, belonging to one of the families of court slaves. Both my father and mother were slaves of a certain emir. My mother’s name is Munayabo, and my father’s Ci-wake. A well-to-do man has fallen in love with me, and I love him too, but he has got four wives already. For this reason, we find it difficult to make arrangements for living together. I asked a learned mallam, who told me to ask my father’s consent first, according to Islamic law, and also that of the authorities. If they agree to the proposal, I can become his concubine, Islamic law allows it. This is what the mallam told me. Well, Mr. Editor, my father, Islamic law, I myself and the rich man have agreed, only the authorities remain. May they agree to make proper arrangements for me so that I may be allowed into the harem of the man. My father’s and my mother’s names show that I really belong to a family of former slaves.

“I believe there are quite a number of girls such as me in the North. We have found that if girls in our position were allowed by the authorities, as is permitted by the law, to live as concubines in the harems of princes and well-to-do and important officials, the number of prostitutes who walk the streets would be reduced considerably. In this way, it may be possible for some of us to give birth to children who will one day be useful to the country. In this way, I may give birth to a son who may even one day become an emir. This will be better than our walking about in the towns and giving birth to children without proper fathers. Our religion permits it, but it is the authorities that are closing the door against us. I am sure that if the authorities allowed it, certain great houses in the North would accommodate thousands of us.

“Mr. Editor, I have given you a full explanation. We have come to an agreement with the said rich man, and are only waiting for the consent of the authorities on behalf of the Sultan. I wish you would lay my statement, as set out here, before the authorities and not allow room for destructive criticism. I should like the critics to understand that it is not my father who is trying to sell me into slavery. It is at my own free will that I desire to live in a big harem with a man who has already got four wives. I adjure you by Allah, Mr. Editor, to publish this letter so that I may get a reply and permission from the authorities.”

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(Signature)”.

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I got the above letter from Joseph Schacht’s ‘Islam in Northern Nigeria’, published in Studia Islamica, 1957, No. 8. The author said the signatory of the letter was “a well-educated young girl who had passed with distinction through the modern Government College for Girls.” Note that the letter was not written in the 19th century. It was written a few years before independence.

For better or for worse, a lot has shifted since that letter was composed. I do not think girls are still born over there into ‘slavery’ and thus have to beg to be allowed to marry. What I know (and everybody knows) is that the North routinely stages mass weddings for hordes of nameless girls and ladies. Are they children of slaves?

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I am a Muslim from southern Nigeria and each time strange things happen in the North in the name of Islam, I exchange glances of surprise with my brothers here. Schacht (1902-1969), the author of ‘Islam in Northern Nigeria’, was a British-German professor of Arabic and Islam at Columbia University in New York. He was the leading western scholar on Islamic law. In that article, he said the Muslims of our North whom he saw in 1957 “form a very isolated community.” He wrote that “most of their isolation is voluntary and intentional” and that “they are generally afraid of being contaminated by modern ideas, and particularly by the non-Islamic South.” I strongly believe they still prefer their isolation from “modern ideas” and from the South. And we are still in the same country. Shouldn’t we just restructure and redefine boundaries and contacts?

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I am being very careful choosing my words as I write this. I have written some paragraphs and cancelled them because I am, like the girls of Niger State, an orphan with no capacity for self-defence. But, it would appear that northern Nigeria’s biggest business today is mass wedding and mass production of children. After child-making, it has religion, very economically lucrative political religion. With this combo, it wrecks itself and stunts the country, and sows contagious poverty across the land. I hope no one is going to contest these.

I will be shocked if you did not follow last week’s big fight between the Minister of Women Affairs, Uju Kennedy-Ohanenye, and the northern elite led by imams from Niger State. The woman offended the North because she said no to a plan to shell out 100 orphaned girls to some randy men in a mass wedding. And because of that, press conferences and acid rains of sermons poured across the swarthy region on Friday. They said the ‘condescending’ female minister from the South overstepped her bounds. They said it was their religious culture to assist female orphans to solve their problems by marrying them off en masse, so that they can multiply and fill the earth with children. They did not tell us if their culture has plans only for the girls while male orphans are left to roam the street as Almajirai.

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The image a mass-wedding evokes in me is that of tethered rams at sallah markets. Or, more appropriately, a mass of what slave merchants called dabukia (female with plump breasts) and farkhah (female with small breasts) in mid-19th century Sokoto, Kano and Katsina slave markets. I have read some defences for the botched mass wedding of Niger State. Some said the girls and their families begged for it and the speaker paid as a man of God. Let us assume the girls truly begged for the weddings, couldn’t their helper just give the ‘help’ without the humiliation of a mass sale?

Yet, it is said that the loud mass weddings we see in the North are followed almost immediately by quiet mass divorces. Yusuf M. Adamu and Rabi Abdulsalam Ibrahim, both of Bayero University, Kano, did a seminal work on what they call “the rashness of divorce in Hausa society.” In their ‘Spheres, Spaces and Divorcees in Zawarawa: A Hausa movie (2018)’, quoting Solivetti (1994:252), they say Hausa Muslim society has “one of the highest rates of divorce and remarriage in the world.” It is also in that piece that I see a raw passage on commodification of marriage in Hausa land. A character in the movie exclaims: “The prices of things in Nigeria are rising, especially crude oil, gold and diamond. The prices are rising. But why has the value of women fallen so low? (Tattalin arziki ya na ta tashi a Nijeriya, musamman ma na man fetur da gwalagwalai da lu’ulu’u. kullum dada hauhawa su ke. Amma farashin mata, ya a ke ya fadi wanwar?).” Read the various defences in support of the controversial mass wedding in Niger State. Do a character assessment of the suitors, especially the two said to have assisted their in-laws to pay ransom but now want “marriage without delay or their money back.” Have the angry Imams and mallams asked what kind of husbands those ones will be?

MORE FROM THE AUTHOR: OPINION: FG’s N90 Billion Hajj Politics

Nigeria is a composite of contradictions; what is poison in the south is sweet sauce in the north. The Ovimbundu (Bantu) people of Southern Africa say that the mist of the coast is the rain of the desert. In the place where I come from, mass children is interpreted as mass misery (omo beere, òsì beere). We also warn that marriage is easy to contract, what about soup money? Mass weddings were conducted yesterday, last year and in the last decade in the North. What happened to them? Where are the benefits beyond their adding to the hardship of the destitute? Where I come from, we say a mother does not feel the weight of her baby (omo kìí wúwo l’éhìn ìyá è). But the trunk of the North’s elephant is, by choice, made a burden for it to carry. The North’s way of life hurts where I come from – Western Nigeria. I am not the only one who has this thought. While the southern bird avoids waters that degrade the girl-child, the duck of the North preens and bathes in them. Embarrassing stories such as of this mass wedding stuff are so common with northern political and religious leaders. A hail of threats against counter views comes common too. And when they happen, questions are asked down south about the sense in sharing this Nigerian complex.

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‘Season of Migration to the North’, described by a reviewer as a “sensual work of deep honesty and incandescent lyricism”, is a 1966 novel by Sudanese novelist, Tayeb Salih. Its setting should have been northern Nigeria. Forced marriage is part of that story. And, in that story, we hear the voice of Hosna bint Mahmoud promising “like the blade of a knife” that “if they force me to marry, I’ll kill him and kill myself.” And, she does just that. Such involuntary, fatal nuptials are routinely tied in our North. They always do it. We will always beg them to stop because their way hurts us.

The people I am begging here are the real kabiyesis of the North – the Imams and the mallams. They make the rules and reign as the lords of the north-west, the north-east and parts of the north-central. But, will they listen and stop? They will not. They are what the Yoruba call kò níí gbà, omo elétíkunkun. And we won’t keep quiet.

Nigeria is an unending struggle against conscientious ignorance. The fundamentalism that rules Afghanistan has its professors in northern Nigeria. It is not edifying to faith. Read again the letter I started this article with. Pre-independence northern Nigeria had what was called ‘Fight Against Ignorance Committee’. There is no need to ask what the result of that initiative was. If the committee succeeded, the North would not have the world’s largest number of out-of-school-children; it would not attack a minister for asking it to choose education over marriage; banditry and terrorism and mass poverty would not be the region’s stable staple.

So, when we ask the elite of the North to drop their bad ways, it is not because we hate them and their North. No. It is because we benefit from the Hausa wisdom that emphasises peace over pie: “it is easy enough to find food but hard to get away to a place where you can eat it in peace (Ba samu’n abinchi ke da wuya, wurinda zaka chishi ke da wuya)”. We live in the same house with the North, and while doing so, we strongly believe that we deserve our peace. That was why that woman minister from the south, Uju Kennedy-Ohanenye, tore the North’s mass-wedding scroll and insisted on Nigeria adding real value to the lives of those 100 hapless girls. It is the reason I wrote this.

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