Justice Judith Agbakoba of the National Industrial  Court of Nigeria (NICN) yesterday withdrew from the case between the Nigerian Army and a dismissed military officer, Ijeoma Nwokolo, following allegation of bias.

Justice Agbakoba noted that the issue of bias raised against her was fundamental and therefore announced her decision to handover the matter to the President of the court.

Nwokolo is challenging compulsory dismissal of the affected military officers in 2016, without fair hearing.

Counsel to the Nigerian Army and the Chief of Defence Staff, Tukur Buratai,

Michael Owolabi, had accused Agbakoba of bias, as she was about to read her judgement on the matter.

After the applicant, Ijeoma closed his case in May, the defence team, refused to open their defence.

Sequel to this, Agbakoba for-closed the defence team, as the court would no longer allow the defence to further delay the judgement.

Meanwhile,  Owolabi asked the judge to recuse herself, following the decision of the court to for-close the defence team in October.

He also said a petition had been written against the judge and sent to the President of the National Industrial Court.

“Justice is rooted in confidence, My Lord. One of the parties appearing before your lordship has lost confidence,” Mr Owolabi said.

The lawyer further opined that it would be in the interest of justice and fair play for the judge to hand over the matter, until the Industrial Court President transfers the case to another judge.

Troops under the Operation Whirl Punch have neutralised 14 bandits and recovered 422 cows and sheep between October and November, the acting Director of Defence Information (DDI), John Agim, said on Monday in Kaduna.

Mr Agim told a news conference on Operation 777 update, launched by the Defence Headquarters on October 8 to restructure and strengthen ongoing military operations nationwide.

According to him, operation Whirl Punch being conducted by troops of 1 Division of the Nigerian Army is part of Operation 777.

He said that “prior to the launch of Operation 777, terrorists and criminals devised different means of evading ongoing operations in different theatres.

“So far, however, troops have neutralised 14 notorious bandits, cattle rustlers and kidnappers.

“Likewise, several sophisticated arms, ammunition and large herds of cattle have been recovered from the bandits, kidnappers and cattle rustlers.

“The troops also recovered over 331 cows from rustlers in Birnin Gwari area and 132 cows in Birnin Yero areas of Kaduna State.

“A total of 49 cows and 42 sheep were also recovered on the Kaduna-Abuja Expressway: all recovered animals were handed over to
their owners after screening.”

The spokesman further disclosed that 31 persons (18 children and 13 adults) were rescued from kidnappers within the area of operation.

He said “during the period, five bandits and two informants were also arrested and they were currently assisting security agencies in ongoing investigation.

“Unfortunately, two soldiers were wounded and currently receiving treatment at military hospital in Kaduna.”

Mr Agim added that two civilian vigilance group members assisting troops in the operation were killed in action by bandits’ fire.

He said 18 AK47 rifles, two pistols, three mobile phones, one motorola, large cache of ammunition and 32 motorcycles were recovered from suspects.

He added that Operation Whirl Punch being conducted by the 1 Division was to provide security and restore normalcy on Kaduna-Abuja expressway, Birnin Gwari and its environs, as well as Niger.

He explained that those areas were once devastated by bandits, kidnappers, armed robbers and cattle rustlers.

The DDI said in preparation for the conduct of the operation, additional platforms, establishment of new military/police formations/units and injection of more troops were carried out by the defence headquarters to ensure the success of the operation.

“There is Nigerian Army Forward Operating Base (FOB) in Birnin Gwari, which will soon metamorphose into 98 Battalion in line with 2016 Nigeria Army Order Of Battle.’’

According to Mr Agim, the general areas where our troops operate are characterised by thick forests such as the Kamuku, Kuduru, Birnin Gwari and Alawa forests.

The areas, he said also had several high grounds, which bandits and kidnappers use as staging areas and camps to perpetrate their heinous acts.

He, however, said that to surmount those terrain challenges, the defence headquarters had devised ingenious ways of deploying troops and conducting operations.

“Through these special operations, relative peace has been restored and hence, the troops dominate the operating environment, thereby creating safe and conducive atmosphere for socio-economic activities to thrive.

“It is evident that, now the local traders, motorists, residents of villages/settlements in these general areas are conducting their businesses mostly unmolested.

“The returned of relative peace and security was made possible through joint operations and synergy of efforts by the security agencies and cooperative posture of the locals and vigilante groups.

Agim also spoke on the recent allegation of killing 74 cows belonging to Fulanis at Riyawa in Sabon Birni area.

“The Riyawa general area has been notorious as a den of bandits, cattle rustlers and kidnappers. Severally, troops had encounters with the bandits who use the difficult terrain and knowledge of the ground to escape.’’

He explained that on Nov 17, based on intelligence, troops conducted a raid on bandits’ camps in the area.

“The observed current practice of the bandits is to use their cows as shield to escape while firing at troops.

“This was the case on 17 November which was not a deliberate act by the troops to kill the cows.

He assured the law abiding citizens that the armed force and other security agencies would continue to ensure the protection of lives
and properties of Nigerians. (NAN)

The Nigerian Military says it has killed one of the leaders of the Islamic State West Africa Province (ISWAP), the Boko Haram factional group believed to have abducted Leah Sharibu.

A statement from the Nigerian Army on Saturday, revealed that the ISWAP media chief, Ahmad Sale, was neutralised in an operation by troops in conjunction with personnel of the Nigerian Air Force.

“Reports available reveal that one Sale Ahmad Sale aka Baban Hassan, the leader of Al-Barnawi media group, a faction of Boko Haram was killed by a joint operation conducted by the Nigerian Army and Nigerian Air Force,” it said.

The Army added, “The killing of the media leader is indicative of efforts by the NA to eliminate key members of the sect.

“It is worthy to note that the sect is directly affiliated to the Islamic State and has carried out several attacks against own troops and innocent civilians in the past.”

The Army pointed out that the death of the group’s media leader, has shown that the leadership of the terrorist group was being targeted successfully by the military.

It assured Nigerians that other key members of the group would soon be apprehended or killed, as the fight against insurgency continues in the country.

The Army disclosed further that it has identified the new leader of another terrorist group – Jama’atu Nus’ratul-Islami Wal-Muslimina, Abul-Fadl Iyad Gali.

“The group is a new terrorist group which Ansaru is affiliated to. In the same vein, the identification of the leader of Jama’atu Nus’ratul-Islami Wal-Muslimina group would enable the NA to target the group effectively using advanced technologies in its arsenal,” it added.

The Boko Haram factional group had abducted Leah and over 100 students from the Government Girls Secondary School, Dapchi, Yobe State in February this year.

Despite refusing to argue its case and also refusing to call any witnesses, the Nigerian Army on Monday convinced the National Industrial Court to suspend judgement in an application by an officer challenging his dismissal in 2016 without fair hearing.

The court took the decision after Micheal Owolabi, the counsel for the Nigerian Army and Chief of Army Staff, Tukur Buratai, accused it of bias, just before judgement on the application by Ijeoma Nwokolo, one of many senior officers retired by the army without facing a disciplinary panel in 2016.

Story So Far

PREMIUM TIMES reported how many officers were unjustly dismissed without reasons and contrary to Nigerian army rules.

Due the retirement, Mr Nwokolo challenged the decision of the army, accusing it of violating his rights of employment and demanding reinstatement in line with an order of the National Industrial Court.

After the applicants closed their case in May, the defence team elected to rest its case on that of the applicants, refusing to open defence or call any witnesses.

Following that decision, the court adjourned till June to allow parties file their written addresses.

But while the applicant filed a final written address, the defence team, comprising the Nigerian Army, Minister of Defence, Chief of Defence Staff and the Chief of Army Staff refused to do same after three adjournments at their instance, said the applicant’s lawyer Godwin Iyinbor on Monday.

Following the failure of the defence to produce its written address after the stipulated time, the judge, Judith Agbakoba, foreclosed the defence team, meaning that the court would no longer allow it to further delay judgement, which was expected to follow the submission of written addresses by parties.

After that decision of the court in October, the judge adjourned till November for judgement.

Defence introduces application, petition against Judge

At the opening of session on Monday, however, the defence lawyer, Michael Owolabi, asked the judge to recuse herself, accusing Ms Agbakoba of bias over the decision of the court to foreclose the defence team in October.

Mr Owolabi drew the attention of the court to an application he said the defence had filed at the Appeal Court, which required that the matter before the industrial court be suspended.

He also said a petition had been written against the judge and sent to the President of the National Industrial Court.

“Justice is rooted in confidence, My Lord. One of the parties appearing before Your Lordship has lost confidence,” Mr Owolabi said.

The lawyer further argued it would be in the interest of justice and fair play for the judge to hand over the matter, until the Industrial Court President transfers the case to another judge.

Mr Owolabi also asked for time to attend to their application for stay, if the court refuses to recuse herself from the matter

Applicant vehemently opposes request for stay and resignation of judge

Responding, Mr Iyinbor objected strongly to both applications, describing them as frivolous, vexatious and only intended to delay the proceedings of the court.

Mr Iyinbor said the rules of the industrial court allows for penalties to be awarded against applicants approaching the court with frivolous requests.

“The instant application is one of those applications regulated by order 38, rule 2 of this court, My Lord. It is frivolous and aimed at setting back the hands of time,” the lawyer stated.

“Where a court finds that a counsel has made a request that is considered frivolous and vexatious, the court should consider the petition frivolous and in line with the rules of the court, strike out same with punitive cost on the applicants and the counsel.”

Mr Iyinbor argued that the current stage of the matter did not allow for any unwarranted application by parties.

“When a matter has been adjourned for judgement, that application cannot be brought.”

In reaction to Mr Iyinbor’s request, Mr Owolabi raised an objection, saying Mr Iyinbor was already arguing what was contained in his counter affidavit before the court.

“My Lord, he is already arguing what he has written in his counter affidavit, My Lord.”

After the objection, Mr Iyinbor changed his line of argument but continued with the objection.

“The first and fourth defendant, with all due respect , are in flagrant disobedience of the court, until they have complied they should not be heard.”

Mr Iyinbor argued that the applicant delayed to serve them with the petition, dated October 30, till Monday November 19, in a deliberate attempt to delay the trial.

“He kept it, so as to prevent us from responding to this petition.

“The petition is addressed to the president of the court. It is not a process before the court. If the president has not given an order since it was served for something to be done, the court should discountenance it and proceed with the business of the day,” Mr Iyinbor said.

The lawyer cited a Supreme Court judgement from 2018, to support his claim that Mr Owolabi’s application ought not to be entertained.

“It is very important to note that the jurisdiction of the court to hear and determine a matter is invoked by the proper filing of the matter before the court.

“When a process is not duly filed before the court, the process in the eyes of the law does not exist before the court. It is an administrative process filed by the first and fourth defendant and it should not stop the proceedings of the day.

” We do not see any basis for this petition after the first and fourth defendant have appealed. It is approbating and reprobating. We are concerned to know our fate. We see the instant petition as an arrest of judgement,” Mr Iyinbor argued.

Defence counsel responds to allegation of disobedience

In a final reply, usually allowed for only the instant applicant, Mr Owolabi responded to the arguments by Mr Iyinbor that the defence team was in flagrant disobedience of the court.

“When the order of court is appealed against, there is no such thing as disobedience when the order is not carried out. All we are saying is that whether an application is not proper or it is, we should be heard.”

Ruling

In a brief ruling, Ms Agbakoba said the issue of bias raised against her was fundamental. She therefore announced her decision to hand over the matter to the president of the court.

Speaking after, Mr Owolabi confirmed the decision of the defence team to rest its case on that of the applicant’s.

“The rules of this court allows us to rest our case on that of the defendant and that was what we did.

“If you are having a case in court and the opposing counsel feels that you have not said anything that will warrant him to present his witnesses, he can rest his case on yours,” Mr Owolabi said.

On the Nigerian Army’s part, as a national defence outfit, the Nigerian Army University Biu would serve as “laboratory” of sort in the research and study of insurgency/national security, among others, in Nigeria and beyond. It would also underscore the army’s quest for the transformation into one of the best in the world through technological development and innovations. The NAUB location is ideal for this task, in terms of access and serenity. Within the host North-East region of Nigeria, Biu is an equidistant from the extremes of the states that constitute its catchment area of the university namely; Toro (Bauchi) to Biu, Nguru (Yobe) to Biu, Gashaka/Bali (Taraba) to Biu, Mubi (Adamawa) to Biu, Damasak (Borno) to Biu and lastly Gombe. On the part of the host community, Biu people, the development is humbling for which they will forever be grateful. The community had for long been yearning for a university given the fact that apart from agriculture, the pursuit of education is the next industry in Biu and indeed Borno South. Successive governments in Borno have, arguably, appreciated the critical role of education in engendering sustainable human development. Presumably, most governors of Borno appreciated this fact but failed to act beyond rhetoric. No thanks to the fact that governance in Borno is usually held captive by the state’s power structure and socio-cultural forces. Thus, instead of adopting a holistic approach to educational development, the government focuses attention largely on the state capital, Maiduguri, to the exclusion of the northern and southern areas of the state. This is a trend that started even before the rise of Boko Haram insurgency in 2009 or thereabout. Today, aside from Maiduguri, even relatively safe parts of the state have been rendered desolate as capital projects in tertiary institutions are concentrated in the state capital. While security challenge has been cited as a major factor in the uneven distribution of capital projects, geopolitical sentiment is at its core, especially with regard to the southern part of the state. There has been this long held view that persons from that region constitute the bulk of the lower and middle manpower cadres of the state civil service. As a consequence, a larger chunk of the state resources is spent on wages, salaries and pension. It is thus felt in certain quarters that extending capital projects to the southern part of Borno would amount to “undue favour. Plausible as this argument may seem on face value, it has serious down sides.

For instance, meaningful development is never achieved in environments where parts are held-down for others. Such approach retards the whole and renders it vulnerable. It’s like neglecting one’s backyard, forgetting that the security architecture of the compound would become compromised. Furthermore,manpower-stock advantage is a temporary phenomenon, as time progresses policies of governments have a way of balancing things out. Many states in Nigeria are succeeding in addressing manpower imbalance devoid of penalty, thus reducing feeling of alienation and frustration in the polity. A handy illustration is the distribution of tertiary institutions especially universities within most states of the country. Closer home, Yobe State University is in Gujba while the Federal University is at Gashua. Adamawa has Modibo Adama in Yola and state university in Mubi. Bauchi has ATBU in the capital and Itas-Gadau hosts the one owned by the state. The two state universities in Kano are located in Wudil and Gwarzo respectively, while BUK is in the capital. Further away, Kogi state university is in Ayangba while Lokoja the state capital hosts the Federal university. The list goes on and on. In Borno State for inexplicable reasons 90% of tertiary institutions are concentrated in Maiduguri metropolis. The latest being the Borno State University. The list includes; University of Maiduguri (Federal), University Teaching Hospital (Federal), Ramat Polytechnic, Kashim Ibrahim College of Education, School of Health Technology, School of Nursing and Midwifery, Elkanemi College of Islamic Theology, Borno College of Legal and Islamic Studies.

This development, despite it’s perceived negative consequences for unity, may not be unconnected with Borno geopolitics and policy deficits. For, ordinarily Kukawa/Monguno axis should host the state university. Or better still Biu in Southern Borno where the facilities at College of Education, Waka-Biu are more than enough for a cost effective take off of such institution. The college’s infrastructure comprising hostels, Staff quarters, classrooms, lecture halls, recreational facilities, etc were put in place by American missionaries in the 1930s, before it was taken over by government in the 70s. Had it happened that way, the current College of Education could move to Gwoza or Uba (Askira/Uba LGA) using existing post primary schools for takeoff. Furthermore, if security challenges permit, Monguno or Kukawa could have Borno’s second state university which maybe dedicated to science and environmental/ecological studies, similar to the Kano State Medical University, Gwarzo. However, should resources constitute a constraint, the existing state university in the metropolis could be moved to either Kukawa or Monguno at the appropriate time. By so doing, the perception of governance deficit in the state would be redressed, thereby fostering even development, peace and security in the polity. It is probably out of realisation of this fact, and the quest for sustainable peace and progress in Borno that the Nigerian Army, under Lt. Gen. Tukur Y. Buratai established the “Nigerian Army University” in the state. We salute the General, a nationalist and a proud son of Borno from Biu. Similar salute goes to Dr. Bukar Usman, a literary giant. Their unprecedented contributions to the development of education and knowledge in Nigeria shall forever be cherished.

• Abubakar, a former Director National Directorate of Employment, lives in Kaduna

The forfeiture order was made on Wednesday by Justice Ijeoma Ojukwu of the Federal High Court sitting in Abuja

A former Director of Navy Accounts, Rear Admiral, Tahir Yusf (retd), has temporarily forfeited N510 million to the Economic and Financial Crimes Commission.

The forfeiture order was made on Wednesday by Justice Ijeoma Ojukwu of the Federal High Court sitting in Abuja.

The N510 million is denominated in naira, dollars and pounds.

The accounts to be affected included Bitmas Enterprises and Tahir Yusuf.

Justice Ojukwu granted the interim forfeiture order after a motion was filed by Elizabeth Alabi on behalf of the EFCC.

The court had in February granted an ex parte motion filed by the commission seeking the freezing of the seven accounts.

The EFCC approached the court again in November seeking the permanent forfeiture of the funds which was allegedly stolen from the Nigerian Navy.

Granting the prayers of the EFCC, the court said the order be published in a national newspaper and on the website of the commission.

Ojukwu adjourned till November 28 for further proceedings.

The Flag Officer Commanding Eastern Naval Command, Rear Admiral David Adeniran, has announced that the Eastern Naval Command will commence EXERCISE ANI-OFORIFORI meaning Chase Thief in Kalabari language.

This was contained in a statement on Wednesday by Thomas Otuji, Command Information Officer.

He said the exercise will hold at the Eastern Flank of Nigeria's Maritime Environment, from 15th - 22nd of November, 2018.

“The objective of the Exercise is to assess the operational readiness of ships, gunboats, helicopters and other platforms of the Eastern Fleet in order to practically test the skills of personnel in tackling maritime threats within the Command’s Area of Responsibility.

“In view of this, members of the public, particularly the good people of the Niger Delta are kindly advised not to panic but go about their normal businesses on sighting movements of large body of war ships, gunboats, helicopters and other naval platforms in the area as the Exercise is for routine purposes”, the statement added