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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 electricity sector slowed in the fourth quarter of 2024 (Q4 2024), with the electricity production index declining by 1.64% year-on-year (y-o-y).
Data from the Central Bank of Nigeria (CBN) says this marks a reversal from the 5.55% growth recorded in the third quarter of 2024 (Q3 2024).
Average estimated electricity generation rose by 2.34% to 4,206.50 megawatts per hour (MW/h) from 4,110.47 MW/h in Q3 2024.
Similarly, electricity consumption saw a modest increase of 2.63%, reaching 4,105.66 MW/h from 4,000.24 MW/h in the preceding quarter.
This is as the Nigerian economy witnessed widespread expansion in the fourth quarter of 2024 (Q4 2024), with 21 out of 22 subsectors recording positive growth.
On a quarter-on-quarter (q-o-q) basis, however, the subsector showed signs of recovery, as the index rose by 22.50% compared to a significant decline of 49.46% in the previous quarter.
The broad-based economic expansion in Q4 2024 can be attributed to several factors, including improved business confidence, increased consumer spending, and enhanced performance in key sectors such as agriculture, manufacturing, and telecommunications.
The government’s fiscal and monetary policies, aimed at stabilising inflation and boosting investment, also contributed to the positive momentum.
According to the CBN, the improvement was largely attributed to enhanced gas supply to thermal power stations and the continued implementation of the Siemens Power Project, which has positively impacted power generation, transmission, and distribution networks.
Notably, the oil and gas sector benefited from relatively stable crude oil prices and improved domestic production, which provided a boost to overall economic output.
The data also stated that the non-oil sector, particularly fintech and digital services, also played a significant role in driving economic activities.
The Alliance of Sahel States (AES) comprising junta-led Mali, Niger Republic, and Burkina Faso have imposed a 0.5 percent import duty on goods from the Economic Community of West African States (ECOWAS) member nations.
The move further strains relations between the three junta-led nations and the ECOWAS, which they withdrew from earlier this year following a series of military coups and economic sanctions.
The AES, which began as a security pact between the military rulers of the three countries in 2023, has now metamorphosed into an aspiring economic union with plans for biometric passports and closer economic and military ties.
In a joint statement last week, the AES said the levy aims to generate revenue to fund the alliance’s activities.
The tax, which came into effect on Friday, applies to all imports from ECOWAS countries, except humanitarian aid.
The taxes also disrupt the free trade once enjoyed by all countries in the West African region.
The economic implications could be severe, leading to higher consumer prices, supply chain disruptions, and strained regional economic stability.
While it may provide short-term revenue for the junta-led governments, it risks other long-term consequences, including weakened regional integration.
ECOWAS has maintained that it will keep diplomatic channels open with the junta-led states until July, despite announcing their permanent expulsion from the bloc earlier this year.
Monday Okpebholo, the governor of Edo state, says 14 suspects arrested in connection with the killing of Kano-bound travellers in Uromi LGA of the state have been transferred to Abuja for further interrogation.
The suspects were detained after a mob attacked a group of hunters travelling to Kano for Sallah celebrations on Thursday.
Speaking in Abuja on Monday during a condolence visit to Barau Jibrin, the deputy senate president, Okpebholo condemned the attack and assured Nigerians that those responsible would be brought to justice.
Okpebholo also announced that his government had set up a committee to support the families of those killed.
“It’s unfortunate that it happened in our state. We are here to say, to let you and other people know that we are not happy,” Ismail Mudashir, media aide to Barau, quoted Okpebholo as saying.
“The president is doing something drastic about this. He’s not happy also.
“The IG has swung into action. The DIG CID is in charge. So far, they have arrested 14 suspects.
“So they are bringing them to Abuja for interrogation. We have also set up a committee to see that we take care of the families of the deceased.”
Responding, Barau said the perpetrators of the act must be brought to book to serve as a deterrent to others.
“We cannot undo what has been done. But we all want – all Nigerians, what they are looking forward to is to make sure that these people are arrested and brought to justice. And you are doing well in that direction,” Barau said.
“And I’m also glad you’ve spoken about the fact that your government is ready to assist the families of those affected.
“I want you to continue to pursue the case so that all those who were involved in these barbaric actions are brought to justice. It’s a barbaric action, to say the facts.”
He urged the Edo government to ensure all those involved were held accountable, adding that such attacks must never happen again.