Court cases that will shape 2015

The various cases relating to the Freedom of Information (FOI) Act are surely going to shape 2015. A lot of non-governmental organisations (NGOs) are involved in these cases including Legal Defence and Assistance Project (LEDAP), Access to Justice (A2J) and Socio-Economic Rights and Accountability Project (SERAP).The FOI Act by its composition says every government establishment […]

The various cases relating to the Freedom of Information (FOI) Act are surely going to shape 2015. A lot of non-governmental organisations (NGOs) are involved in these cases including Legal Defence and Assistance Project (LEDAP), Access to Justice (A2J) and Socio-Economic Rights and Accountability Project (SERAP).
The FOI Act by its composition says every government establishment whether legislative, executive or the judiciary is duty bound to make information available when demanded. But in most government establishments in Nigeria – at the local government, states, or federal government – their staff behave as if Nigeria is still in the pre-FOI era and still keep information secret.
Some of these cases that information was sought on them based on the FOI Act have been on since last year and judgments may be delivered on them in the first quarter of 2015, either agreeing with the government or with the information seekers.
Specifically argument has been taken in the case at the Federal High Court, Lagos, involving the Lagos State Government (LASG) Vs. SERAP. SERAP is demanding an account of how LASG spent $10 million USD loan procured from the World Bank supposedly meant to be used for the development of secondary schools but with nothing to show for it.
In the case, LASG argued that FOI is a federal law and not applicable to the states.
SUIT CHALLENGING JONATHAN’S ELIGIBILITY
On March 1, 2013, Mudashiru Oniyangi, a judge of the High Court of the Federal Capital Territory (FCT) Abuja ruled in the matter brought by Cyriacius Njoku against President Jonathan and others. The court held that President Jonathan was eligible to contest this year’s presidential election. That suit had sought for the interpretation of sections 135 and 137 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
This suit which is currently at the Court of Appeal and other suits challenging Jonathan’s eligibility are being anxiously awaited at the Supreme Court this year for final determination.
SOVEREIGN WEALTH FUND SUIT
This legal tussle is between the federal government and the 36 states of the federation over the dispute arising from the maintenance of the Excess Crude Account and the transfer of one billion dollars from the account to the Sovereign Wealth Fund (SWF). It was filed directly at the Supreme Court in the original jurisdiction of the apex court.
The 36 states had dragged the federal government to the apex court praying it to decide whether the states had a share in the SWF.
The Supreme Court had earlier granted a request by the parties to settle the matter out of court and to explore an amicable resolution of the disagreement.
This suit may eventually be settled out of court as the federal government and the 36 state governors of the federation have renewed efforts to resolve their dispute out of court.
Where the parties fail to settle out of court, the Supreme Court has fixed hearing in the case for January 26.
The sovereign wealth fund manages the surplus income produced from Nigeria’s excess oil reserves on behalf of the states and federal government.
The 36 state governors are seeking an order declaring the proposed creation of the Sovereign Wealth Fund illegal and unconstitutional.
The federal government had challenged the jurisdiction of the apex court to hear the suit, arguing that the matter was not between states and the federation, but a dispute between the states and the federal government which it said ought to have been filed before a Federal High Court.
The states are also praying the apex court to issue an order to effect that all sums standing to the credit of the Excess Crude Account should be paid into court or be otherwise secured as the court may deem fit pending the hearing and determination of the substantive suit.
SUIT CHALLENGING ANTI-TERRORISM LAW
The Federal High Court sitting in Abuja was to deliver its judgment last year on the constitutionality or otherwise of the Terrorism (Prevention) (Amendment) Act, 2013, in a suit filed by the Nigerian Coalition for the International Criminal Court (NCICC) & 3Ors vs The Federal Government (suit No. FHC/ABJ/632/13), in which certain provisions of the Terrorism (Prevention) (Amendment) Act, 2013 were claimed to contravene some Fundamental Human Rights provisions of the 1999 Constitution and as such unconstitutional and void.
Unfortunately, the judgment was not ready and it was further adjourned.
It could be recalled that the suit was instituted as a result of some growing concerns by the NCICC as to:
(1)   Whether Section 27(1) & (3) of the Act which provides for the detention of a suspect under the act for a period not exceeding 90 days subject to renewal for a similar period until the conclusion of the investigation and prosecution of the matter that led to the arrest and detention is dispensed with without being arraigned in court, contravenes Section 35 of the constitution and therefore unconstitutional and void.
(2)   Whether Section 28 (1) of the Act, which provides that the law enforcement or security officer may direct that the person arrested be detained in custody for a period not exceeding 48 hours from his arrest contravenes Section 35 of the Constitution and therefore unconstitutional and void.
(3)   Whether Section 29(1) of the Act which provides for the interception of communication order contravenes Section 37 of the Constitution and is therefore unconstitutional and void.
The organisation is asking the court to declare that sections 1(2), 27, 28, and 29 of the Act are unconstitutional and therefore inapplicable in Nigeria.
TB JOSHUA BUILDING COLLAPSE HEARING ON JAN 6
Hearing continues January 6 in a Lagos State Coroner’s Court in the inquest against the founder of the Synagogue of All Nations, Prophet Temitope Joshua following the September 12, 2014 building collapse in the church which left 116 persons dead.
MOHAMMED YUSUF’S KILLER COPS’ TRIAL BEGINS JAN 12
The trial of five police officers indicted in the killing of leader of the Boko Haram sect continues on January 12 in an Abuja Federal High Court. Justice Chukwu Evo ordered trial-within-trial to ascertain the voluntariness of a statement by Mohammed Ahmadu, a Chief Superintendent of Police who is standing trial along with John John Abang, Muhammed Akeera Yoonus, both Assistant Commissioners of Police; Mada Buba, an Assistant Superintendent of Police and Sergeant Adamu Gado.
JUSTICE GUMMI’S SUIT AGAINST NJC FOR JUDGEMENT
An Abuja Federal High Court will on January 20 deliver judgement in the suit filed by former Chief Judge of the FCT High Court, Justice Lawal Hassan Gummi against the National Judicial Council (NJC). Gummi is challenging the powers of NJC to exercise disciplinary control over him by suspending him on allegations of judicial misconduct despite having voluntarily retired from service.
EXTRADITION OF NSPMC’S EX-BOSS OKOYOMON
Justice Chukwu Evo of an Abuja High Court will on January 23 rule on the application by the Attorney General of the Federation to extradite former managing director of Nigeria Security Minting and Printing Company (NSPMC) Ehidiamhem Okoyomon to the United Kingdom for alleged bribery scandal.
OZEKHOME’S ABDUCTORS TRIAL FOR JAN 29-30
A Federal High Court in Abuja has fixed January 29 and 30 for continuation of trial of four persons charged with the abduction of constitutional lawyer Mike Ozekhome (SAN) and the killing of several security officers.
Kelvin Oniarah Ezeigbe, Frank Azuekor, Michael Omonigho and Momoh Haruna were arraigned on 13 count charges bordering on conspiracy, armed robbery, kidnapping and acts of terrorism.
TRIAL OF SHEIK ALBANI’S SUSPECTED KILLERS FOR FEB 3
An Abuja Federal High Court will on February 3 commence the arraignment of three persons suspected to have been involved in the murder of Kaduna-based Islamic preacher, Sheikh Auwal Adam Albani.
Yakubu Abdullahi (alias Alhaji Bala), Yasir Salihu (alias Dan Birni), Bilyaminu Usman (alias Bilya) and Musa Abubakar (alias Mallam) could not take their plea on December 18 due to absence of their counsels.
IHEJIRIKA VS AUSTRALIAN NEGOTIATOR
The libel suit by former Chief of Army Staff, Lt.-Gen. Azubuike Ihejirika, against self-styled Australian hostage negotiator, Stephen Davies, for wrongly accusing him (Ihejirika) of sponsoring the Boko Haram insurgent group will be heard this year. Ihejirika in the suit before an FCT High Court is demanding the sum of N100 billion in damages against Davies.
OGWUCHE’S BAIL, N100M DAMAGES SUIT FOR JAN 12
 Justice Adeniyi Ademola of an Abuja Federal High Court in Abuja will on January 12 hear the Attorney General of the Federation (AGF)’s address on the constitutional issues raised in the fundamental human rights suit by alleged Nyanya bombing mastermind Aminu Ogwuche. Ogwuche is seeking N100 million in damages against the federal government.