Falsification of age for election purposes must relate to circumventing the age limit to contest the election.

 

Agi v. PDP & Ors [ 2017] 17 NWLR (Pt. 1595) 386 at 456, paras. B-H, per Ogunbiyi, JSC:

“I have restated earlier in this Judgment also that the nature of the allegation lodged against the 3rd respondent by the appellant is firmly rooted in criminality and which must be proved beyond reasonable doubt as rightly held by the lower court… In proving falsification of age beyond reasonable doubt, it is not enough for an appellant qua plaintiff to demonstrate the act of falsification of age, it is also incumbent on him to establish that the act was intentional. In other words, that it was done with the intention to gain an advantage by the alleged act of criminality. As rightly submitted on behalf of the 3rd respondent, this again brings us to the provisions of section 1777(b) of the 1999 Constitution where mens rea in falsification of age for eligibility to contest election as Governor must, of necessity, relate to circumventing the age prescription of 35 years to contest election…. For all intents and purposes, the appellant did not lead any evidence to show that the purported false declaration in age alleged against the 3rd respondent were falsified with the criminal intent of meeting the constitutional age limit of 35 years set by the Constitution.”

Blogger’s Note:

In the case, the Appellant and the 3rd Respondent along with 8 other aspirants had contested the primaries for nomination to be the flag bearer of the PDP, 1st Respondent, at the 2015 gubernatorial election in Cross River State. The 3rd Respondent won the primaries and eventually became the Governor. The Appellant unsuccessfully challenged the outcome of the primaries on grounds which included alleged falsification of age by the 3rd Respondent. Based on the above quoted pronouncement, the Supreme Court found no merits in the Appellant’s case regarding the issue.

Continue reading Falsification of age for election purposes must relate to circumventing the age limit to contest the election.

It is improper to raise issues of jurisdiction in piecemeal fashion.

 

Oko v. State [2017] 17 NWLR (Pt. 1593) 24 at 65-66, paras. H-A, per Peter-Odili, JSC:

“Clearly, this partition or fragmentation of the jurisdictional question is one to which the appellant is estopped from embracing. It is all the more foreclosed as counsel had the time and opportunity of raising the issue of the lack of consent in the trial court and failed to do so. He lost his chance which he cannot call up as the fancy takes him.”

Blogger’s Note:

The pronouncement of the Supreme Court above is significant in addressing the practice of some counsel who might have observed some objectionable points touching on jurisdiction but would rather elect to raise the points piecemeal. That is to say, as a matter of tactics, counsel may observe 3 jurisdictional questions but would file a preliminary objection or motion raising one or two grounds only; leaving the third as a ‘spare bullet’ to be used (either at the court of first instance or on appeal) should the earlier application fail.

Continue reading It is improper to raise issues of jurisdiction in piecemeal fashion.

The brutality of SARS has long been judicially noticed.

 

David Alunyo v. Inspector General Police & Ors – Suit No. FCT/HC/M/5449/09, per Belgore, J.:

 

But was the detention beyond the prescribed limit and was the injury inflicted right in law? The answer is in the negative. The applicant was detained for 3 days. This is unconstitutional. By the provisions of Section 35(5) of the 1999 constitution as amended, arrest and detention of a citizen should only be for ONE DAY. The point must be made clearly that any violation of a citizen’s guaranteed fundamental right, for however short a period, must attract penalty under the law. See Alabo v. Boyes (1984) 5 NCLR 830; Jimoh v. A. G. Federation (1988) 4 RLRA 513. To make the matter worse, the applicant was subjected to grave inhuman condition, indignity and brutality which is not expected of any civilized police force. The conduct of the affected police officers who handled the investigation left much to be desired. It is roundly condemnable. A person or state agents who are called upon to deprive other citizens or persons of their personal liberties in the discharge of what they consider to be their duty should strictly observe the civilized forms and rule of law.

Blogger’s Note:

This was a fundamental rights suit filed by the Applicant against the Inspector General of Police, Commissioner of Police, FCT and SARS. The facts of the case accepted by the Court are that the applicant was accused of stealing a car. The applicant was arrested and detained by the Special Anti Robbery Squad (SARS) for 3 days -i.e., from 1/7/09 to 4/7/09. Consequent upon the arrest and detention of the Applicant, he was thoroughly beaten, stripped naked, handcuffed, tied with a rubber as a result of which his health rapidly deteriorated. The Applicant’s vehicle that was taken from him was later released to him. On the 2nd day of his detention, he was taken to hospital. The Applicant was on the 4th day of his detention granted police bail. The Court found the conduct of SARS in the process as condemnable and delivered Judgment in favour of the Applicant, awarding him 2 Million Naira as damages.

The above case represent one of the numerous fundamental rights cases hanging over the Nigeria Police and SARS following several cases of fundamental rights breaches. In view of the unlawful activities of some members of the Squad nationwide in fairly recent years, one can reasonably liken SARS to a “terror group”. Currently, the public has raised alarm over the excesses of SARS, pressing for the scrapping of the Squad. In a swift reaction, the IGP has indicated that SARS would undergo some form of reorganisation and that all the allegations levelled against them would be investigated. It is to be recalled that SARS (which is one of the sections in the Criminal Investigation Department (CID) of the Nigeria Police, headed by a Commissioner of Police) was actually formed to specially battle the menace of armed robbery plaguing the nation.

SARS brutality judicially noticed

Image credit: The Guardian.

Our suggestion is that the reorganisation should involve a total re-orientation, re-education and re-training of the Squad members. At present, even the dress code of the Squad members sometimes while on patrol makes it difficult to differentiate them from real armed robbers. This leaves much to be desired, and should also be looked into. The Nigeria’s SARS should, for instance, appear like the United States’ SWAT (Special Weapons and Tactics).

It is our hope that this exercise by the IGP would be decisive and effective, yielding the desired profits so that the Squad can focus on the primary reason for its formation.

Read the Judgment here.

Featured Image credit: YNaija.