Monarchy In Maiha: With Autonomy Of The Judiciary, The Executive Can’t Veto, Override, Overrule Judgement
By Shamsiyya Mijinyawa
Houses Assembly and the Law Courts are short down for over two months owing to the industrial actions embarked upon by the workers, taken as the last resort, in agitation for independence, referred to as financial autonomy.
Prisons are filled to suffocating capacities in the face of Covid-19 pandemic that require adequate breathing space capacities; some of the alleged culprits against the law, even as capital as unbailable offences, like rape of a minor, are simply asked to provide guarantors, trustees kind of, for bail, pending suspension of workers strike, that will unchain, unlock the courts to reopen cases and file new ones.
JUSUN strike has however been billed to be suspended, which implies that courts could be unlocked on Monday to allow dialogue nuetralised the heated by industrial action polity.
President Muhammadu had, in May 2020, signed an executive order granting financial autonomy to both the judiciary and legislative arms of government — but the order was suspended after state governors raised concerns.
Political commentators and legal luminaries are agreed that the industrial actions are as necessary as the proper checks and balances between and among the three arms of government are.
This reporter learned from the learnered that financial autonomy will make both the legislature and the judiciary independent of the executive.
Prof Yinka Dare, Dr. Chuckwumeka and Barr Murtala Gambo are agreed that with the financial autonomy, governors would not pay the piper to dictate the legislative tune, adding that judiciary, being the last hope of the common man, won’t by the executive be dishonoured by means of undue delay in the implementation of court judgement.
Analogy is relayed, relating to the case of the monarchy in Jalingo-Maiha district, Maiha local government area of Adamawa state; about three years ago, the high court, sitting in Yola, delivered a judgement against a candidate, who was unlawfully appointment by the then Adamawa state governor as the district head, in total violation of the law establishing traditional council and chiefs.
The act was challenged before the law and justice eventually prevailed, defeating the governor’s unlawful interest.
The then governor however, perhaps challenged by the humiliating defeat, dishonoured the court order and the act has opened widely, though unwisely, the window to the romance with the contempt of court, with the court nullified continued, parading himself as district head, as consistently reported by the Periscope, the Newshawk, Daily Hint and the Gazette, among other online media.
About nine months ago, the appeal court equally passed a judgement, which upheld the high court judgement earlier passed, delegitimising the governor appointed district head, certifying the Emirate Council selection and recommendation; directing the state governor to approve the appointment of the court declared district head.
A court order, which to this day, has not been honoured, allegedly motivated by certain political force, perhaps not unconnected with the uncontrolled unconscious bias.
“If the financial autonomy is eventually, fully granted, implementation of court judgement would not be technically vetoed, overriden, overruled and/or frustrated by undue executive delay, by any means politics that would require the intervention of the who is whos in the state’s political sphere, for the legitimate atmosphere that would influence the elected chief executive to go by the book, to honour courts judgement without undue delay”.
There has been the speculation that the workers with the local government authorities would also down tools, agitating for autonomy if the legislature and the judiciary eventually succeeded.
According to the union leadership, JUSUN decided to call off the strike following the intervention of the National Judicial Council (NJC).
“NJC, which is the highest body of the judiciary, appealed to the union to give them two to three months to weigh into the matter and make sure they actualise what we are asking for. They noted that the public is suffering. We decided to accord them that respect,” the leadership said.
17 Persons Sentenced, 12 Years Jail Term For Cultism, Conspiracy
17 persons sentenced, 12 years jail term for cultism, conspiracy
By Madu Mohammed,, Maiduguri
Borno High Court sitting in Maiduguri has sentenced 17 persons to six years each incarcerated in correctional Centre for cultism and conspiracy in the state.
They were sentenced to six years each for the two count charges, which will run concurrently.
While delivering his judgement on at Court 13, Gidan Madara, Maiduguri on Wednesday, Justice Umar Fadawu said: “There are evidences before this honourable court that showed; each of the accused persons has committed the offences of conspiracy and management or membership of an unlawful society”.
He said that the convicts were charged for two count charges under Section 97(B) of the Penal Code, explaining that they were charged for initiating other members into the Black Axe Cult.
It could be recalled that the convicts who mostly students were arrested by the police on September 21, 2019 at Bagani Hotel for engaging in an unlawful secret society, Neo Black Movement (NBM) a.k.a The Black Axe.
Those convicted were Mr Arnold Augustine, Onu Chidubem, David Emmanuel, Awuto Abayomi, Mustapha Abdulkadir, Levi Ephraim and Onuegbu Godspower Chibuzor., include; Mohammed Adamu, Calvin Ijafiya, Henry, Chris Kallu, Totsi Samuel, Onwuka Ugochukwu, Audi Yohanna, Samuel Talba, Donald Ornguze and Joseph Olaiya.
Counsel to the convicts, Barrister Ahmed Hamman said that the convicts have exhibited remorse and pleaded to the Judge to temper justice with mercy, as they have learnt their lessons from their respective experiences.
Reacting to the judgment, the Borno state Attorney General and Commissioner of Justice, Barrister Kaka Shehu Lawan, said that he is delighted of the verdict passed by Justice Fadawu.
“This was a case that we were pursuing since 2019. After rigorous adjudication of the matter, we as prosecutions tendered all evidences and called witnesses relevant in proving our case against the convicted persons.” Barrister Lawan added.
He added that the defense also called for evidence to revert what we proved in the allegations contained in the charges.
Continuing, he said: “The Judge after thorough review of all the witnesses that testify as well as the exhibits tendered before him, came to the conclusion that prosecution has proved its case beyond reasonable doubts,”
“They were sentenced; accordingly after convicting the accused persons”
He noted that it was a commendable efforts on both sides of the prosecution and Judiciary.
Lamenting on insurgency, he said: “We’ve been facing security challenges, and to allow cultists to thrive will actually amount to negligence on our part.
He disclosed that the police and other security agencies have worked assiduously to effect the arrest of the convicts.
He declared that, “Government will leave no stone unturned; until we wiped out criminality from this part of the country.” Said the Attorney General.
FUDECO: Ardo Kaku Nomadic Primary School’s Pupils Dazzle Guests, 3 Weeks After Establishment
FUDECO: Ardo Kaku Nomadic Primary School’s Pupils Dazzle Guests, 3 Weeks After Establishment
By Adamu Mohammed Dodo, Yola
– Established on September 13, 2021, with 184 pupils: 29 males, 155 females
It is about 15 minutes nevigation by canoe, crossing waters to the herdsmen settlement at Mayo-Ine village, Fufore local government area, Adamawa Central Senatorial District, northeast Nigeria.
It was an inspection visit to Ardo Kaku Nomadic Primary School, mainly for the herdsmen, floated by Fulbe Development and Cultural Organisation, FUDECO, funded by International Indigenous Women Forum, FIMI- AYNI
It is a community that embraces knowledge as opposed to banditry and other related atrocities – heaped on the herdsmen – in tune with Pulaaku as a philosophy; adopting education, rearing of animals and farming; the triple heritage as a motto, traceable to Bn Fodio of blessed memory.
A team Ied by FUDECO state coordinator, the read and trained in diaspora Hajiya Jamila Hassan, paid an inspection visit on Monday, October 4, 2021, to assess the level of pupils perfomances within three weeks with the establishment of the nomadic school.
The nomadic school has registered 184 pupils: 29 males, 155 females; apparently debunking the popular perception that girl child education is unfathomable, rather unfashionable among the Fulani; Jamila Hassan, as a full-fledged Fulani would not have been highly educated to think about stepping it down to her tribesmen with a view to getting them out of the maze in tune with modernity and in fulfilment of the Bn Fodio dream.
Commenting, Hassan said she was highly, rather ecstatically happy and satisfied “seeing these pupils reciting alphabets from A to Z and numbers, from 1 to 100 by heart.
“It’s indeed amazing considering that the school is established on September 13, 2021, barely three weeks ago.
“This has shown how enthusiastic the children are desirous of going to school, wanting to acquire knowledge.
“This equally translates to their parents cooperation and apparent commitment to having their children educated”.
Hassan has called on the local, state and federal governments, the monarchs, elected representatives, the Tabbital Pulaaku International and the Miyetti Allah, along with other stakeholders like the National Commission for Nomadic Education (NCNE) and partners to kindly assist in mobilising the pastoral communities with a view to having the nomads settled in a particular place to be able to have a meaningful life and futuristic dreams accomplished.
“This can only be possible through establishing schools, healthcare facility, and other amenities including portable water that are essential to the life of humankind in the community”, Hassan said.
Mr. Danus Kemuel Nyaru is the pioneer headmaster of Ardo Kaku Nomadic Primary School; giving his take, he expressed delight with assured satisfaction that the efforts have not been ruinous effect, with the exellent performance of the pupils in less than one month wgen the school was established.
Nyaru said the success recorded would not have been possible without the participatory contributions, suggesting cooperation of the parents, desirous of having their children getting quality education.
As new and for the most part, under the tree shed she may be, Ardo Kaku Nomadic Primary School is run based on the School Based Management Committee, SBMC, which comprised mainly of parents, with Ardo Kaku Galadima, the village head, whom the school is named after, as the chairman and the headmaster as the secretary, while the PTA chairmanship is dedicated to one of the parents, Alhaji Adamu Bagele.
Nyaru appreciated the Jamila Hassan led FUDECO and FIMI-AYNI NGOs initiative, depicting educational succour to the community in need, pointing out that ignorance compounds everything, as Prof Ibrahim Bello Kano, popularly known as “IBK” in BUK – the creative minded BUKites in the late 90s – referred to as “IBKnowlege” would say.
Nyaru has also called on the government to come to the aid of the community by building classrooms and providing teaching and learning materials in addition to recruiting qualified teachers as a way of strengthening nomadic education.
According to UNICEF, “a lack of trained teachers, inadequate learning materials, makeshift classes and poor sanitation facilities make learning difficult for many children.
“Others come to school too hungry, sick or exhausted from work or household tasks to benefit from their lessons.
“This learning crisis is the greatest global challenge to preparing children and adolescents for life, work and active citizenship”.
The pupils who were given school bags with some reading materials and parents the Periscope interviewed also registered their appreciation to FUDECO and FIMI-AYNI for educational intervention with a view to getting the community of herdsmen out of the wood, out of the herded darkness.
“Hajiya Jamila Hassan has the right answer to the herdsmen call. She is simply an amazing lady, a silent achiever who not only facilitated the establishment of the nomadic school, she’s also on constant inspection visits, crossing waters, nevigating by canoe rather courageously, to ensure quality assurance the teaching and learning,” the nomads would say.
The Village head of Mayo-Ine, Ardo Kaku Galadima was satisfied with the dedication of the pupils towards reading and the parents’ support and cooperation. He said that only Allah SWT could reward Jamila Hassan, the FUDECO and FIMI-AYNI’s philanthropic intervention in education.
“We remain grateful as we called on the appropriate authorities to also give their necessary contributions to the development of this promising initiative,” Kaku said.
Ardo Kaku Galadima was a forceful by savage circumstance migrant, a survivor who was displaced, having lost over 70 family members to the tribal militia conspiracy in Numan and Demsa local government areas, southern senatorial district of Adamawa state while invited to attend what he and others were deceived to consider as conflict reconciliatory meeting for peaceful coexistence against mutual suspicion traded in antagonism for dissention between the tagged “natives” and “herdsmen,” only to be brutally sent through a heinous path to great beyond.
“Ardo Kaku’s family tragic story was even reported by the international media”, one of the community members would say.
Kaku hoped that the entire herdsmen and kinsmen would play the king in the kingdom of knowledge.
Monarchy in Maiha: District Palace Remains Vacant over 7 years After Death
Monarchy In Maiha: District Head Palace Remains Vacant Over 7 Years After Death
By Adamu Mohammed Dodo, Yola
- Emirate Council has selected and recommended, High Court has passed judgement free from stay of execution, there’s the determination of the appeal court but the state governor is yet to honour the courts order
Some, from among the members of the Emirate Council, the Jalingo-Maiha as a community, the league of Human Rights groups in the country as collectivized composite of concerned citizens, sought to know what went wrong? Why should it have to take so long the undue executive delay? What a miscalculated contemplation before doing the needful; approving the appointment of the Emirate Council selected and recommended, the courts declared district head of Jalingo-Maiha?
The sage has pointed out that the Emirate Council, the courts of law and the citizens have played their parts; the latest being committing the cries to the Creator by means of Qunut supplications for Divine intervention.
“In Sha Allah, the Beneficent, Most Merciful has answered our prayers. We’re only rather patiently waiting for when He will command the approval of appointment of our district head; overruled every unconscious bias, on the part of the executive, with His decree; ‘Be, and it is’.
“Coining an analogy, Prophet Moses AS has prayed for the downfall of the dictatorial Pharaoh, Allah SWT has though heard and acknowledged what could be considered as genuine prayer against fascism; the response to the Prophetic prayer had taken about forty years. The bottom line is that tyranny would be gone for good in Egypt,” the sage would articulate.
Taking a retrospective lane, His Highness the District Head of Jalingo-Maiha, the Ubandoma Mubi of blessed memory, Alhaji Abubakar Suleiman transited to great beyond on Wednesday, March 19 2014; seven years and almost six months ago.
It was said that the then Governor Murtala Hammanyero Nyako, the Baba Maimangoro of remarkable leadership, waited for the name from the heirs or among the kingship – not any other decided rather by political others – to be recommended to him for approval of appointment as the new district head. This was not to see the light of day, with the undue Emirate Council’s delay.
Fast forward: Former Governor Muhammadu Umaru Jibrilla Bindow would not approve the appointment of the Emirate Council selected district head of Jalingo-Maiha, for sentiment he would be left to explain later in life.
However, peeved by the undue executive denial of the kingship and fundamental human right to the leadership of traditional authority, the aggrieved sought for the rule of law, should there be equality before the law; there indeed seems to be.
The pessimist conceived that it would be a waste of efforts, time and resources; that it would be impossible to defeat a sitting governor before the law. Isn’t the pessimist challenging equality before the law?
The sitting governor, to the pessimist’s surprise, was eventually defeated before the law in a judgement of the Adamawa State High Court, presided over by Hon. Justice – the incorruptible – Hafsat – the uncompromising – Abdulrahman, delivered on July 13, 2018.
The judgement has restrained the candidate wrongly appointment by Bindow – using the then office as a governor, to have been the governor – from parading himself as district head of Jalingo-Maiha.
The declarative judgement has also, without giving room to any stay of execution order, directed the state governor to approve the appointment of Barr Mahmud Abubakar, the heir to the late Ubandoma, as district head of Jalingo-Maiha, being earlier selected and recommended by the Emirate Council.
The then governor Bindow would not honour the July 13, 2018 court judgement. The electorates would also not guarantee his second term bid, he was humiliated at the poll.
Announcing the new Governor; Rt Hon Umaru Ahmadu Fintiri, having sensed the previous injustice, has, at the inaugural State Executive Council meeting, on Tuesday, June 18, 2019, directed that since the Yola High Court has, in a declarative judgement, without any air about stay of execution pending appeal judgement, the court order must be honoured; where he directed for the approval of Barr. Mahmud Abubakar Suleiman as the legitimate District Head, earlier selected and recommended by the Emirate Council
In another rather uncalled-for twist of fate, it was gathered, Governor Fintiri was advised to suspend approving the district headship appointment pending the determination of the appeal court.
Almost a year ago, A Court of Appeal Yola Division, Adamawa state, northeast Nigeria, in a judgement delivered by Hon. Justice James Shehu Abiriyi (JCA) on September 25, 2020, has affirmed the High Court judgement.
“It isn’t clear, there was and still is, no any explanation from the reliable authority to justify the undue executive delay in getting the appointment of our district head approved almost a year after the final judgement,” a sage would say.
Some of the pro defeated by the court judgements, insinuated that the courts declared, Emirate Council selected and recommended would not have the blessings of Governor Fintiri before splitting the district by means of creating a distinct district entity to the courts nullified, former governor’s appointed.
“Curving another district out of, not upgrading Jalingo-Maiha doesn’t sound brilliant a bait, we simply dismissed it as figment of infatuated imagination.
“Another version has it that the undue executive delay was with a view to pleasing the courts humiliated camp. At what fathomable homeless, hapless and hopeless point? We asked.
“Isn’t it better to only displease the defeated side than to humiliate the victorious who will eventually must have to enjoy his right of place and position?” The sage would ask.
Jalingo-Maiha district head palace is still vacant about one year after appeal court judgement, few days towards another LG election and 2023 is summarily fast approaching.
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