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SERAP Urges Tinubu to Stop Wike, Governors from Giving Cars, Houses to Judges

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SERAP

By Adedapo Adesanya

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to stop the practices of governors and the Minister of the FCT giving cars, houses, and others to judges.

In its latest latter, the organisation called on the President to “stop the minister of the Federal Capital Territory (FCT), Mr Nyesom Wike and Nigeria’s 36 governors from usurping the authority and responsibilities of the National Judicial Council (NJC) and heads of court through giving cars and houses to judges.”

“Such practices are clearly antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, and may create the perception that the judiciary is subservient to the executive,” the group noted.

SERAP also urged him to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi (SAN) as a defender of public interest, to challenge in court the constitutionality and legality of the practices by members of the executive of giving cars and houses to judges in Abuja and across the states.

In the open letter dated November 9, 2024 and signed by SERAP deputy director Mr Kolawole Oluwadare, the organisation said: “Politicians ought to keep their hands off the judiciary and respect and protect its integrity and independence. Politicians must treat judges with dignity and respect.”

It said the Nigerian Constitution and international standards make clear that the judiciary is neither subservient to the executive nor the legislature.”

The letter, copied to Ms Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, read in part: “Undermining the fundamental principle of separation of powers risks constraining the ability of the judiciary to act as a check on the executive.”

“SERAP urges you to substantially improve funding for the judiciary to enhance their working conditions, welfare and pensions through existing constitutional arrangements and mechanisms, to uphold the independence and autonomy of the judiciary and to protect judges from executive interference.

“Your government has the constitutional and international obligations to promote public confidence in the judiciary and safeguard the rule of law.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government and the attorneys general of the 36 states to comply with our request in the public interest.

“The reports that members of the executives in the FCT and across several states are giving cars and houses to judges appear to take place without following any constitutional or procedural process, which may have a chilling effect on the rule of law and access to justice and effective remedies,” it argued.

SERAP also noted that while exercising his powers under section 5 of the Nigerian Constitution former president Mohammadu Buhari signed Executive Order No.10 of 2020, to ensure that the judicial arms of government in the 36 states of the federation no longer have to wait on state governors for funds.

“Specifically, the Executive Order states that allocation of appropriated funds to the state judiciary in the state appropriation laws in their annual budget shall be a charge upon the Consolidated Revenue Fund of the State, as a First Line Charge,” it said.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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EFCC, LASRERA to Tackle Fraudulent Real Estate Transactions in Lagos

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Fraudulent Real Estate Transactions

By Modupe Gbadeyanka

Efforts are already being taken to tackle the rising incidence of fraudulent real estate transactions in Lagos State.

At a meeting on Wednesday, the Economic and Financial Crimes Commission (EFCC) and the Lagos State Real Estate Regulatory Authority (LASRERA) resolved to strengthen collaboration to address the issue.

Speaking during an interactive session, the Permanent Secretary of LASRERA, Mr Gbolahan Toriola, informed the acting Zonal Director of the EFCC’s Lagos Zonal Directorate 2, Mr Bawa Usman Kaltungo, the agency was determined to sanitise the real estate sector, protect investors and restore public confidence in property transactions across the state.

He explained that LASRERA was established to regulate real estate transactions in Lagos State and protect residents from fraudulent practices within the sector.

“Some developers build housing units and fraudulently sell or lease the same properties to multiple subscribers, resulting in numerous disputes,” he stated.

Mr Toriola further disclosed that LASRERA usually attempts mediation before resorting to litigation, while seeking the continued support of the EFCC in resolving cases with criminal elements.

“We came to seek your assistance in addressing these issues. This year alone, we have received over 505 petitions and have attended to more than 300,” he said, adding that under Lagos State law, every real estate developer must register with LASRERA before commencing operations.

While expressing appreciation to the officers of the commission for their commitment to protecting investors, Mr Toriola noted that the regulatory framework also covered estate agents, lawyers, landlords and tenants.

Also speaking, the Assistant Director for Legal Unit at LASRERA, Ms Jumoke Omosanya, said the authority was established following numerous petitions received by the Lagos State Government over widespread real estate fraud.

She recalled that LASRERA first sought collaboration with the EFCC in 2023 to curb fraudulent activities within the sector.

According to her, “Some developers fail to deliver projects within agreed timelines, while others fraudulently rent out the same properties to several tenants, causing avoidable disputes and financial losses.”

She also noted that LASRERA possesses statutory powers to suspend erring developers and reiterated that anyone operating as a real estate developer or agent without registration with the Authority was doing so illegally.

Ms Omosanya further disclosed that the Lagos State government was currently working on amendments to the Lagos State Tenancy Law, 2015, to further strengthen regulation within the real estate sector.

In response, Mr Kaltungo said his organisation had become increasingly concerned about the rising incidence of fraudulent real estate transactions across the state.

“We have been deeply concerned about the increasing incidence of real estate fraud. The majority of petitions that come to us are allegations of real estate fraud,” he said.

He lamented that many investors and subscribers had lost substantial sums of money to fraudulent developers, adding that Nigerians in the diaspora were gradually losing confidence in investing in the nation’s real estate sector due to the activities of unscrupulous operators.

“A lot of investors and subscribers are losing their money. Nigerians in the diaspora are also losing interest in buying houses in Nigeria because some of them have been defrauded of millions of naira,” he said.

Mr Kaltungo assured LASRERA of the commission’s readiness to collaborate in tackling the menace, stressing that the directorate would investigate every genuine petition regardless of the amount involved.

“We are always ready to assist, irrespective of the amount involved. We have removed the threshold because no matter how little a person’s money is, it is important, and every victim deserves justice,” he said.

He also urged LASRERA to strengthen its regulatory framework by seeking legislative backing to blacklist developers found guilty of fraudulent practices, noting that such measures would serve as a deterrent to others.

In her remarks, the Head of Legal and Prosecution Department for Lagos Zonal Directorate 2 of the EFCC, Mrs Deborah Ademu-Eteh, disclosed that the agency was planning a seminar for real estate developers in Lagos State to sensitise them on legal compliance and consumer protection.

Mrs Ademu-Eteh highlighted recurring complaints against developers who demand additional payments from subscribers after completing projects.

She also recounted a case in which a subscriber who paid N80 million for an undelivered property was subsequently sued by the developer alongside the EFCC in a fundamental rights enforcement action, leading to damages being awarded against both the subscriber and the Commission.

She noted that the EFCC often encourages mediation in appropriate cases before proceeding with prosecution and urged LASRERA to intensify public enlightenment campaigns to educate residents on safe real estate transactions.

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Court Gives Shipping Firm Seven Days to Pay Seafarers N24.5m

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Delta Marine Shipping Company Seafarers

By Modupe Gbadeyanka

The Lagos Judicial Division of the National Industrial Court has ordered Delta Marine Shipping Company to pay three crew and seamen the sum of N24.5 million in unpaid wages within seven days.

The benefiting seafarers are Mr Akegor Mudiaga Micheal, Mr Lambert Chimankpa Nsoha, and Mr John Silvanus Boham. The payment is for their unpaid wages from April 2019 to June 2021 within 7 days.

The trio instituted the action against Delta Marine Shipping Company seeking the payment of outstanding wages earned while serving as seafarers onboard the vessel, pursuant to their respective contracts of employment.

They submitted that they had faithfully discharged their duties onboard the vessel but were not paid their salaries covering the years April 2019 and June 2021 despite repeated demands.

The claimants averred that they wrote letters of complaint and reminders to the Managing Director of the company and the Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA) regarding the non-payment of their wages, all to no avail.

However, the defendant failed to enter an appearance nor file any defence. The company also failed to cross-examine the claimants’ sole witness, and the court consequently foreclosed its right to cross-examination and defence.

In a well-considered judgment, Justice Isaac Essien held that the evidence tendered by Mr Akegor and 2 others, including their contracts of employment, seamen’s records, certificates of discharge, letters of complaint and the schedule of outstanding salaries, remained unchallenged and uncontroverted.

The court found that the evidence established that Mr Akegor and 2 others were entitled to recover their outstanding wages from Delta Marine Shipping Company.

Justice Essien further held that the claimants had discharged the burden of proof placed on them and were entitled to judgment for the outstanding wages claimed for services rendered onboard MT. Favour from April 2019 to June 2021.

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Axxela Expands Gas Distribution Footprint, Gets New Customers

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Axxela Limited

By Modupe Gbadeyanka

A leading gas and power company in sub-Saharan Africa, Axxela Limited, has expanded its natural gas pipeline network with new customers.

The new customers include Radisson Blu Anchorage Hotels, Sheraton Hotels, Jawa International Limited, Solem Agro, and Abimbola Agro, among others.

The company’s customer connections span the manufacturing, hospitality, pharmaceutical, and fast-moving consumer goods (FMCG) sectors.

The new clients were facilitated through Gaslink Nigeria Limited (Gaslink), one of Axxela’s subsidiary companies.

“These connections go beyond the expansion of our customer portfolio; they reflect our commitment to broadening energy access for businesses across critical sectors of the economy and supporting Nigeria’s drive towards increased domestic gas utilisation.

“By enabling these businesses to embrace cleaner and more affordable energy solutions, we are helping to improve their operational efficiency while also supporting their environmental sustainability goals,” the Executive Vice President for Axxela Gas Distribution, Mr Kehinde Alabi, said.

“We recognise that collaboration with key players across diverse sectors is essential to powering industries and shaping a more sustainable future for Nigeria and the region.

“These new connections underscore our commitment to expanding domestic gas use, reducing carbon footprints, and providing cost-effective energy alternatives in line with the Federal Government’s energy transition objectives,” he added.

Through its growing infrastructure investment footprint, Axxela continues to play a pivotal role in unlocking the economic potential of natural gas by advancing domestic gas utilisation, enabling industrialisation, and supporting a sustainable energy transition in line with the federal government’s vision of a gas-powered economy.

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