National
Lawyer to appeal against judgment dismissing appeal on alleged extra-judicial killings
ABUJA —An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong on Wednesday, said he would appeal a judgment of the Court of Appeal, which dismissed his case against the Federal Government on alleged prevalence of extra-judicial killings in the country.
The Appeal Court sitting in Abuja had upheld a lower court’s judgment that dismissed his suit seeking to address the increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors.
But Ekpenyong of the law firm of Fred-Young & Evans LP, in a chat with newsmen, said he would seek redress at the Supreme Court.
The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Mr Ekpenyong, lacked requisite locus standi (legal right) to file the appeal.
The appellate court held that the surviving paragraphs of the lawyer’s originating summons fails to disclose a reasonable cause of action as to vest him with the requisite locus standi.
“While the courts have a duty to ensure that genuinely aggrieved citizens are not shut out, this does not entail entertaining hypothetical and academic issues as contained in the appellant’s originating summons.
“The power conferred on the courts by Section 6(6) of the constitution must be deployed to resolving real disputes and attending to genuine grievances.
“It does not extend to the consideration of academic and hypothetical questions and issues,” Justice Oyewole, in the lead judgment, said.
On whether the cost of N100,000 awarded against the appellant by the lower court was excessive and meant to punish him for daring to apply to the court for interpretation of the extent of his fundamental right, the appellate court resolved the two issues against Ekpenyong.
Justice Oyewole held that costs are awarded at the discretion of the court which discretion must be exercised judicially and judiciously.
According to him, where the exercise of discretion was lawfully made, an appellate court cannot interfere.
He agreed with the respondents that the award of cost by the lower court was not punitive, arbitrary or in any manner unlawful.
“Costs follow events and a public interest action found to be fabulous cannot escape the payment of costs simply on account of being a public interest action.
“I therefore see no basis to interfere with the award of costs made in this instance and I also resolve this issue in favour of the respondents and against the appellant.
“In totality, this appeal lacks merit and it is accordingly dismissed.
“Cost of N250,000.00 is awarded in favour of the respondents and against the appellant,” Justice Oyewole declared.
Although the judgement was delivered on March 27, 2024, its certified true copy was made available to newsmen on Wednesday in Abuja.
Other members of the panel include Justices Abba Mohammed and Peter Obiorah.
It would be recalled that Ekpenyong, a Nigerian citizen and legal practitioner, had appealed against a judgment delivered on May 6, 2022, by Justice Nkeonye Maha of a Federal High Court, Abuja.
In the appeal number: CA/ABJ/1200/2022, the lawyer listed the President, Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd respondents.
The appellant prayed the Appeal Court to allow the appeal and set aside the whole judgement.
Justice Maha, who earlier dismissed the suit, held that Ekpenyong failed to present sufficient facts in proof of the case.
She, therefore, dismissed it for lack of reasonable cause of action against the defendants (President and AGF) and awarded a cost of N100, 000.00 against the plaintiff.
In the suit, Ekpenyong alleged that the wanton loss of human lives in Nigeria in recent times has put him as a “person” described under Section 33 (1) of the Nigerian Constitution in reasonable apprehension that his right to life under Section 33 (1), Chapter IV of the Nigerian Constitution is likely to be contravened.
In the originating summons marked: FHC/ABJ/CS/755/2020 dated and filed July 10, 2020, the plaintiff submitted six questions for determination.
Ekpenyong urged the court to determine whether his right to life enshrined in Section 33 (1) of Nigerian Constitution “means the protection of the plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?
“Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution prohibits any unlawful acts of omission or commission by the Nigerian state, Nigerian police, other law enforcement agents and private individuals which are capable of terminating the plaintiff’s life?
He then sought an order of mandatory Injunction compelling the defendants to take immediate steps to overhaul and reform the Nigerian police and other law enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.
He said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a court of competent jurisdiction, among other reliefs.(NAN)
The Nigerian military has called for stronger collaboration with relevant agencies to ensure proper documentation of individuals entering the country, citing the role of foreign herders in escalating violence in regions like Plateau and Benue States.
Maj.-Gen. Markus Kangye, Director of Defence Media Operations, made the appeal during a press briefing in Abuja on Thursday.
“There are agencies responsible for this, and we need to collaborate effectively,” Kangye said, emphasizing the importance of a joint framework to tackle insecurity.
“Those entering Nigeria must be properly documented and accounted for.”
He said recent attacks by armed herders in Plateau, Benue, and other parts of the country have left dozens dead and displaced thousands, particularly in farming communities.
Kangye revealed that investigations point to foreign herders as the primary perpetrators of these violent attacks, with their distinct speech patterns and physical features setting them apart from local herders.
“The Hausa language spoken in Nigeria differs significantly from that in Mali, the Central African Republic, or Ghana,” he explained.
“When we apprehend these herders and terrorists, their speech and appearance—sometimes even their hair—indicate they are not from Nigeria.”
He noted that the Shuwa Arabs in Borno are the only Nigerian community with some similarities to Sahel-region herders, but even they are distinguishable.
While acknowledging that some Nigerian herders contribute to conflicts by encroaching on farmlands, Kangye stressed that the majority of the violence is driven by foreigners crossing Nigeria’s porous borders.
“The ongoing killings reported in certain areas are primarily committed by individuals who have infiltrated our borders,” he said.
Catholic cardinals have elected Robert Prevost, the first Pope from the United States of America, who has taken the new name Pope Leo XIV after the conclave decided in just four rounds of voting on Thursday.
Italian Cardinal Giuseppe Versaldi said it took cardinals only four rounds of voting to pick a new pope and that white smoke coming out of the Sistine Chapel chimney after a day’s voting is “a clear sign of the unity of the Church. ”
The Pontiff, picked even faster than his predecessor, Francis, appeared on the Vatican balcony amid enthusiastic cheers from thousands of faithful who packed St. Peter’s Basilica on Thursday to witness the historic event.
“May peace be with all of you,” he said from the Vatican balcony after paying tribute to his predecessor, Pope Francis, who gave his life to the service of humanity. He stressed that he wants to deliver his blessing to the people as Pope Francis did in his last appearance in St Peter’s Square.
After concluding his speech, the new Pope started reading a religious passage in Latin, paying homage to the saints and the Madonna. The pope continued with a message of peace and noted, “God loves us all, unconditionally”.
“Humanity needs Christ as a bridge to be reached by God and his love. Help us, and help each other, build bridges.
“Without fear, united hand in hand with God, we are the Disciples of Christ, and the world needs his light.
“Brothers and sisters dearest, this is the first greeting of Christ resurrected. I want to offer a greeting of peace to your families, all of you, wherever you are. May peace be with you,” he said.
Chicago-born Prevost, 69, is seen as a reformer who worked for many years as a missionary in Peru before being made an archbishop there.
The cardinals strongly perceived that the new pope would need to carry forward Pope Francis’s legacy of reaching out to those on the margins and bring along with him a wide spectrum of those within the Church, including those with whom Pope Francis was sometimes at loggerheads.
Observers considered Cardinal Robert Prevost a candidate who could fulfil that role—someone who could be a bridge between different worlds.
The fact that the conclave decided in just four rounds of voting suggests that the cardinals agreed with that assessment.
Robert Prevost will be the 267th occupant of the throne of St Peter. Although he is the first American to fill the role of Pope, he is considered as much a cardinal from Latin America because of the many years he spent as a missionary in Peru before becoming an archbishop there.
Born in Chicago in 1955 to parents of Ecuadorian and French descent, Prevost served as an altar boy and was ordained as a priest in 1982. Although he moved to Peru three years later, he returned regularly to the US to serve as a pastor and a priest in his home city.
He has Peruvian nationality and is fondly remembered as a figure who worked with marginalised communities and helped build bridges. He spent 10 years as a local parish pastor and teacher at a seminary in Trujillo in northwestern Peru.
He is well known to cardinals because of his high-profile role as prefect of the Dicastery for Bishops in Latin America, which has the critical task of selecting and supervising bishops. Francis made him a cardinal less than two years ago.
As Francis appointed 80% of the cardinals who took part in the conclave, it is unsurprising that someone like Prevost was elected, even if he was only recently appointed.
He will be seen as a figure who favoured the continuity of Francis’ reforms in the Catholic Church. Prevost is believed to have shared Francis’ views on migrants, the poor and the environment.
He will be fully aware of the divisions within the Catholic Church, and his Latin American background also represents continuity after a Pope who came from Argentina.
During his time as archbishop in Peru, he did not escape the sexual abuse scandals that have clouded the Church. However, his diocese fervently denied he had been involved in any attempted cover-up.
Before the conclave, Vatican spokesman Matteo Bruni said that during gatherings of the College of Cardinals in the days before the conclave they emphasised the need for a pope with “a prophetic spirit capable of leading a Church that does not close in on itself but knows how to go out and bring light to a world marked by despair”.
Top 10 Things to Know About the New Pope, Robert Francis Prevost
1. First American Pope
Pope Leo XIV, formerly Cardinal Robert Francis Prevost, is the first pope from the United States, born in Chicago, Illinois.
2. Elected as the 267th Pope
He was chosen after a swift two-day conclave, becoming the 267th leader of the Roman Catholic Church.
3. Age and New Namel
At 69 years old, he adopted the papal name Leo XIV upon his election.
4. Deep Missionary Experience in Latin America
Prevost spent over a decade in Peru as a bishop and seminary educator, gaining respect for his pastoral leadership and cultural fluency.
5. Leader of the Augustinian Order
He led the Augustinians globally for over ten years, managing an international religious community.
6. Key Vatican Roles
Before becoming pope, he was Prefect of the Dicastery for Bishops and President of the Pontifical Commission for Latin America—two influential positions in Church governance.
7. Academic and Legal Scholar
He holds degrees in mathematics, theology, and canon law, and has taught canon law in Latin America.
8. Calm, Reform-Oriented Leader
Known for his consensus-building style, Pope Leo XIV is seen as a clear-headed reformer continuing the legacy of Pope Francis.
9. Advocate for Women’s Inclusion
He supports meaningful female participation in Church governance, emphasising their real impact within Vatican bodies.
10. Mission-Driven Papacy
Pope Leo XIV remains committed to missionary work, global outreach, and addressing challenging issues like clerical abuse with humility and resolve.
Catholic cardinals have elected Robert Prevost, the first Pope from the United States of America, who has taken the new name Pope Leo XIV after the conclave decided in just four rounds of voting on Thursday.
Italian Cardinal Giuseppe Versaldi said it took cardinals only four rounds of voting to pick a new pope and that white smoke coming out of the Sistine Chapel chimney after a day’s voting is “a clear sign of the unity of the Church. ”
The Pontiff, picked even faster than his predecessor, Francis, appeared on the Vatican balcony amid enthusiastic cheers from thousands of faithful who packed St. Peter’s Basilica on Thursday to witness the historic event.
“May peace be with all of you,” he said from the Vatican balcony after paying tribute to his predecessor, Pope Francis, who gave his life to the service of humanity. He stressed that he wants to deliver his blessing to the people as Pope Francis did in his last appearance in St Peter’s Square.
After concluding his speech, the new Pope started reading a religious passage in Latin, paying homage to the saints and the Madonna. The pope continued with a message of peace and noted, “God loves us all, unconditionally”.
“Humanity needs Christ as a bridge to be reached by God and his love. Help us, and help each other, build bridges.
“Without fear, united hand in hand with God, we are the Disciples of Christ, and the world needs his light.
“Brothers and sisters dearest, this is the first greeting of Christ resurrected. I want to offer a greeting of peace to your families, all of you, wherever you are. May peace be with you,” he said.
Chicago-born Prevost, 69, is seen as a reformer who worked for many years as a missionary in Peru before being made an archbishop there.
The cardinals strongly perceived that the new pope would need to carry forward Pope Francis’s legacy of reaching out to those on the margins and bring along with him a wide spectrum of those within the Church, including those with whom Pope Francis was sometimes at loggerheads.
Observers considered Cardinal Robert Prevost a candidate who could fulfil that role—someone who could be a bridge between different worlds.
The fact that the conclave decided in just four rounds of voting suggests that the cardinals agreed with that assessment.
Robert Prevost will be the 267th occupant of the throne of St Peter. Although he is the first American to fill the role of Pope, he is considered as much a cardinal from Latin America because of the many years he spent as a missionary in Peru before becoming an archbishop there.
Born in Chicago in 1955 to parents of Ecuadorian and French descent, Prevost served as an altar boy and was ordained as a priest in 1982. Although he moved to Peru three years later, he returned regularly to the US to serve as a pastor and a priest in his home city.
He has Peruvian nationality and is fondly remembered as a figure who worked with marginalised communities and helped build bridges. He spent 10 years as a local parish pastor and teacher at a seminary in Trujillo in northwestern Peru.
He is well known to cardinals because of his high-profile role as prefect of the Dicastery for Bishops in Latin America, which has the critical task of selecting and supervising bishops. Francis made him a cardinal less than two years ago.
As Francis appointed 80% of the cardinals who took part in the conclave, it is unsurprising that someone like Prevost was elected, even if he was only recently appointed.
He will be seen as a figure who favoured the continuity of Francis’ reforms in the Catholic Church. Prevost is believed to have shared Francis’ views on migrants, the poor and the environment.
He will be fully aware of the divisions within the Catholic Church, and his Latin American background also represents continuity after a Pope who came from Argentina.
During his time as archbishop in Peru, he did not escape the sexual abuse scandals that have clouded the Church. However, his diocese fervently denied he had been involved in any attempted cover-up.
Before the conclave, Vatican spokesman Matteo Bruni said that during gatherings of the College of Cardinals in the days before the conclave they emphasised the need for a pope with “a prophetic spirit capable of leading a Church that does not close in on itself but knows how to go out and bring light to a world marked by despair”.
Top 10 Things to Know About the New Pope, Robert Francis Prevost
1. First American Pope
Pope Leo XIV, formerly Cardinal Robert Francis Prevost, is the first pope from the United States, born in Chicago, Illinois.
2. Elected as the 267th Pope
He was chosen after a swift two-day conclave, becoming the 267th leader of the Roman Catholic Church.
3. Age and New Namel
At 69 years old, he adopted the papal name Leo XIV upon his election.
4. Deep Missionary Experience in Latin America
Prevost spent over a decade in Peru as a bishop and seminary educator, gaining respect for his pastoral leadership and cultural fluency.
5. Leader of the Augustinian Order
He led the Augustinians globally for over ten years, managing an international religious community.
6. Key Vatican Roles
Before becoming pope, he was Prefect of the Dicastery for Bishops and President of the Pontifical Commission for Latin America—two influential positions in Church governance.
7. Academic and Legal Scholar
He holds degrees in mathematics, theology, and canon law, and has taught canon law in Latin America.
8. Calm, Reform-Oriented Leader
Known for his consensus-building style, Pope Leo XIV is seen as a clear-headed reformer continuing the legacy of Pope Francis.
9. Advocate for Women’s Inclusion
He supports meaningful female participation in Church governance, emphasising their real impact within Vatican bodies.
10. Mission-Driven Papacy
Pope Leo XIV remains committed to missionary work, global outreach, and addressing challenging issues like clerical abuse with humility and resolve.