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OPINION: Maggoty Senate And Rotten Judiciary

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Tunde Odesola

C-o-o-u-u-r-r-t-t!!! Yekinni, the court clerk, yelled like someone grabbed by the balls. Everybody inside the Court-of-A-Piss jumped to their feet. This is Her Lordship’s Court. She’s a beautiful, no-nonsense High Priest in the Temple of Justice. Everybody respects her because she’s formidable, courageous, intelligent and connected.

Devotees in the Temple of Justice look to the door of the inner chamber, expecting Her Lordship to emerge, but she took some time in making her entry. Lawyers, litigants, journalists, clerks, etc remain standing, however.

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In a fleeting moment, a phone’s ringtone pierces the solemn air, “Wahala! Wahala! Wahala! Zah Zoo! Zeh before dem nab you, Madam Zehnab! Akoi fura!”

(Silence)

Her Lordship steps out of her chamber in judicial majesty – long, black robe signifying the blindness of justice; her golden wig symbolises both an air of anonymity and an assurance that Milord is nonpartisan. She bows to the court, the court bows back.

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Clerk: The first case before this honourable court today is the case with Suit Number AD/321BC/2023, involving a point-and-kill incident in the Maraba district of Abuja, the Federal Capital Territory, filed by Mallam Mai Chutta against Mallam Audu. Mallam Mai Chutta!

Mai Chutta: Yes, mai Load! (Enters the dock)

Clerk: Mallam Audu!

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Audu: Yes, mai Lude! (Enters the dock)

Clerk: Appearances.

A senior lawyer stands up, introduces himself, and announces his appearance for Mallam Mai Chutta. I’m Chief I.K.A Ajanlekoko, appearing for the plainthief, my lord.

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Clerk: Looks in the direction of Audu.

Audu: I’m appearing por my sef! I no get am for money to haya a loyah.

A Senior Advocate of the Masses, Chief Fawehinmi, stands up and introduces himself as a friend of the court, who is willing to appear for Audu pro bono.

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Clerk: (Reads the charge) It has been brought to the notice of this honourable court that you, Mallam Audu, on the 29th of May, 2023, at 19:00 hours, went to Chop-and-Quench Restaurant owned by Mallam Chutta. That you pointed to a live fish to be killed and made into pepper soup for you. That after eating the steamy full plate of N3,000 pepper soup and drinking a bottle of beer costing N600, you refused to pay for the pepper soup and the beer, thereby committing an offence contrary to the Criminal Code Act of the Federal Capital Territory, punishable with a fine of N500,000 and, or a jail term of 10 years. Guilty or not guilty?

Audu: I no guilty, mai Lude.

Fawehinmi: My Lord, I daresay that this suit is ill-conceived, embarrassing, wicked and ungodly! How does the plainthief expect a man who ordered a N3,000 plate of pepper soup and a bottle of cold beer for N600 to pay N15,000 because while the fish was being prepared, the President announced the removal of fuel subsidy? I rely on the Principle of Estoppel which says you can’t change the terms of a contract midstream without a rational cause.

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FROM THE AUTHOR: Ooni: The Public Displays Of A King (2) [OPINION]

Ajanlekoko: (Interjects Fawehinmi) Milord, my client relies on the provisions of the Freedom of Contract, which gives the leeway for him to increase his prices at will, coupled with the fact that the presidential pronouncement of fuel subsidy removal is tantamount to executive fiat.

(A murmur sweeps through the court) The phone rings again, “Wahala! Wahala! Wahala! Zah Zoo! Zeh before dem Nab you, Madam Zehnab!” The judge brings down her gavel, ‘Gbam!’

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Ajanlekoko: My client is ready to supply your chamber with a similar plate of pepper soup and cold beer, for you to determine if the N15,000 price charged is appropriate or not.

Her Lordship: Ok. I’ll await the supply in my chamber. Please, add garlic and ginger, no salt. I rise for a short adjournment, the court will reconvene in two hours!

(She strikes her gavel down the table)

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Clerk: C-o-o-u-u-r-r-t-t!!!

(The phone rang again, “Wahala! Wahala! Wahala! Zah Zoo! Zeh before dem Nab you, Madam Zehnab!”)

(Court reconvenes after two hours)

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Fawehinmi: My Lord, I plead with your honour to strike this frivolous suit out and fine the plainthief for damages occasioned by harassment, psychological trauma, time loss and embarrassment. You cannot increase the price of commodities just because you heard a presidential speech. It’s wrong. What changed between the time the customer ordered the fish and when the order was prepared?

Ajanlekoko: Your Honour, milord. Prices changed! The defendant should have asked for the new prices while eating because the presidential broadcast was aired live on radio and TV. He can’t claim to be unaware. He should’ve known prices will change.

FROM THE AUTHOR: Ooni: The Public Displays Of A King (1) [OPINION]

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(Murmur in court)

(The gavel sounds. Absolute silence in court)

Her Lordship: (Clears her throat) Here’s my judgement. Having tasted the delicious pepper soup and chilled beer, this honourable court will affirm the technical aspect of the law over the substantive aspect. It’s wicked of any customer to eat such a delicious meal and wash it down with cold beer, and expect not to pay any amount demanded by Chop-and-Quench Restaurant. I hereby find the defendant guilty on all counts. He will pay the fine and serve the jail term. I rise!

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Clerk: C-o-o-u-u-r-r-t-t!!!

(Outside the court, a battery of journalists interview Chief Fawehinmi)

Fawehinmi: This judgement cannot stand! We shall go on appeal! This is wickedness. People who steal billions are given national awards, chieftaincy titles and honorary doctorates. What type of country is this that kills its own by injustice? And we worship in churches, mosques and shrines, and expect grace to abound, what nonsense! We’re going on appeal. I will appear without collecting a dime from Mallam Audu!

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Journalists: What if your appeal is struck out?

Fawehinmi: Then, this country is forever doomed! Nigeria is the only country in the world where government spends billions of dollars on fuel subsidies yearly, cries that the monies go into the wrong hands, yet no one has ever been brought to book. Not one single individual! So, that means the government knows the criminals siphoning fuel subsidies, yet cannot name and prosecute them. What kind of mafia country is that? Armed robbers investigating bandits. I shall go to court to compel the government to name the oil thieves. I know them. They are the big multibillionaires. If the government doesn’t name them, I will! Awon olori buruku gbogbo!

(Her Lordship’s two-car convoy zooms out of the court premises, and her police orderly sits in front of the car with her driver)

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Her Lordship: Sergeant, what did the people say after my judgement?

Orderly: They were just grumbling. Stupid people. That troublesome man, Fawehinmi, was threatening to go on appeal. He said the judgement was wicked. The man too worry, na busybody.

FROM THE AUTHOR: Tinubu: The Crowning Of The Spiderman [OPINION]

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Her Lordship: Don’t mind him.

Orderly: Yes, ma. I enjoyed the pepper soup leftover you gave me, ma. It’s costlier than N15,000.

Her Lordship: Give me a toothpick from the glove compartment.

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Orderly: Yes, Your Honour.

Her Lordship: Please, tune the radio to Fire FM for the network news at 4 o’clock.

Orderly: Yes, My Lord.

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Fire FM: The time is 4 o’clock. Here are the news highlights: Uproar in Nigeria’s Senate over judiciary integrity; FG may open Seme Border; Kwara boat tragedy: Death toll hits 106; Obi faults proposed 114% increment for president, governors; Messi set to win 8th Ballon d’Or. Let’s go for a commercial break, we’ll be right back

(Commercial break)

Fire FM: Now, the news in full: The senator representing Booger-Chewer North Local Government senatorial district has said that he encroached on the freedom and independence of his wife while she served as a judge. Speaking at an event yesterday, the senator thanked his wife for allowing him to encroach on her official freedom and independence when he sought her help for his senator colleagues in need. The senator, who said his wife offered the encroachment help, was hushed by the Senate President, Alhaji La-1, whose re-election into the Senate, another senator, Chief Okoro, described as the 8th Wonder of the World.

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(Another commercial break)

A nasty smell engulfs Her Lordship’s car even as the police orderly is shocked as a tiny stream of brown liquid from the back seat floor hits his boots.

It’s finished.

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Tunde Odesola is a senior journalist, columnist with The PUNCH newspaper and a guest writer in INFO DAILY.

Email: tundeodes2003@yahoo.com
Facebook: @Tunde Odesola
Twitter: @tunde_odesola

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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