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Court bars Finance Minister, others from slashing salaries of medical doctors in academics

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By Gistflash News

Aug 4, 2021

The National Industrial Court sitting in Abuja has restrained the Minister of Finance, Mrs Zainab Ahmed, from reviewing downward the salaries and allowances of members of Association of Specialist Medical Doctors in Academics (ASMEDA).
The News Agency of Nigeria (NAN) reports that the claimants; Dr Christopher Sakpa, Dr Momoh Mcsionel, Dr Ahmed Rabiu and Dr Darlington Akukwu had, for themselves and on behalf of the affected members of ASMEDA.
The Defendants are the National Salaries, Incomes and Wages Commission; Accountant-General of the Federation and Minister of Finance to court as 1st to 3rd defendants respectively.
Justice Osatohanmwen Obaseki-Osaghae, in a ruling on an ex-parte motion moved by counsel to the claimants, Martin Agba, held that the order of interim injunction would subsist pending the hearing and determination of the suit.
Justice Obaseki-Osaghae restrained all the defendants from acting on the contents of the April 22, letter issued by the salaries commission, pending the determination of the suit.
She also made “an order of interim injunction, restraining the defendants from paying the claimants’ July 2021 salary and subsequent months’ salaries based on the CONUASS and associated allowances pending the determination of the motion on notice.
“A mandatory order of interim injunction on the defendants to pay the claimants’ July 2021 salary and subsequent months’ salaries based on the CONMESS and associated allowances as approved by the Federal Government of Nigeria on Sept. 29, 2009 which is the status quo as at April, 2021, pending the determination of the motion on notice.”
The judge, who ordered that the originating processes, motion on notice together with hearing notices be served on the defendants, adjourned the matter until Oct. 14 for hearing of the motion on notice.
NAN reports that in a motion on notice marked: NICN/ABJ/145/2021 dated July 8 and filed July 12 by Agba, the applicants sought some claims against the defendants.
They asked the court to declare that: “the commission’s letter of April 22, to the Accountant General with reference number: SWC/S/04/S.410/T/86 directing enrolment of the claimants into the Consolidated University Academic Salary Structure (CONUASS) and associated allowances is a violation of the presidential directive of Sept. 29, 2009.
They argued that the Federal Government approved and placed the claimants on the Consolidated Medical Salary Structure (CONMESS) and associated allowances and therefore has no legal basis, is null and void and of no effect whatsoever, should be discountenanced and_ retracted forthwith.
They also sought an order of mandatory injunction, directing the defendants to restore the claimants to the Consolidated Medical Salary Structure (CONMESS) and associated allowances as approved by the Federal Government of Nigeria on Sept. 29, 2009 and with which the claimants have previously for long been paid their salaries until April 2021.
They further sought an order of perpetual injunction, restraining the defendants from using, giving effect, making reference to or in any way acting on the contents of the said letter of April 22.
They also sought for an order of the court, directing the defendants to pay the differential sum in salaries between CONMESS and associated allowances and CONUASS // paid to the claimants from May 2021 until date of delivery of final judgment in this suit.”
The claimants, who sought the order of the court, directing the defendants to pay the sum of N50 million to them as general and exemplary damages for deliberate breach of extant policy of government by their stoppage of payment of CONMESS and associated allowances, also prayed the court to direct them to pay N3 million as cost of the legal action.
NAN reports that the Federal Government had, on Sept. 29, 2009 in a circular with reference number: SWC/S/04/S.410/220, approved the new salary structure for medical and dental officers in the federal public service known as CONMESS.
However, in a a letter with reference number: SWC/S/04/S.410/T/86 dated April 22, addressed to the Accountant-General of the Federation and signed by the acting Director, Compensation, Adighiogu Chiadi, on behalf of its chairman, the National Salaries, Incomes and Wages Commission directed that medical doctors in academics and research institutions should be re-enrolled  on CONUASS.
The claimants averred that since the latest directive took effect, their take-home pay had reduced drastically by about 60 per cent.
NAN

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Crime

Supreme Court Affirms Six-Year Jail Term For Former Director Of Pensions, John Yakubu

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Supreme Court Affirms Six-Year Jail Term For Former Director Of Pensions, John Yakubu

Supreme Court Affirms Six-Year Jail Term For Former Director Of Pensions, John YakubSupreme Court Affirms Six-Year Jail Term For Former Director Of Pensions, John Yakubu

The Supreme Court has affirmed the six years imprisonment imposed on a former Federal Director of Pensions, Mister John Yakubu, and also ordered him to refund the sum of N22.9b to the Federal Government.

The N22.9b was part of the police pension fund he admitted before a High Court of the Federal Capital Territory (FCT) to have been misappropriate

Justice Tijjani Abubakar in a judgment in an appeal filed by Yusuf upheld the decision of the Court of Appeal which in 2018 sent him to six years imprisonment in addition to the refund of the sum.

The apex court held that Yusuf and others engaging in fraudulent practices must be told through court judgments that it is no longer business as usual.

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Sept 26, 2021A Senior Advocate of Nigeria (SAN), Mallam Yusuf Ali, says it is not to late for members of the  National Assembly to revisit the issue of  electronic transmission of election results to ensure credibility.Ali, who made the remarks while speaking in an interview with newsmen on Sunday in Osogbo, said the more credible elections were, the less litigations they will attract.The  News Agency of Nigeria (NAN) reports  that the Nigerian Senate had on July 16, passed the Electoral Act (Amendment) Bill, 2021, after division among its members on the electronic transmission of results.

The clause 52(2) of the bill gives the Independent National Electoral Commission (INEC) the discretion to determine when, where and how voting and transmission of results will be done.

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The Senate had ruled out the possibility of having results transmitted electronically when it voted that the NCC, with the National Assembly’s approval, would determine whether INEC could transmit results electronically or not.

Similarly, the House of Representatives, on July 16, passed the Electoral Act (Amendment) Bill, maintaining the controversial Clause 52(2) as presented amidst protests, especially by members of the minority caucus.

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Justice Abubakar said that the appeal of the former federal pension director seeking to set aside the six years jail term against him was frivolous and devoid of merit.

He further held that victims of the convicted director deserve restitution which can only be achieved through justice.

Yusuf had dragged the Federal Government before the apex court seeking to overturn the six years imprisonment slammed on by the Court of Appeal.

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The former pensions director, who is serving the six years jail term at the Kuje correctional facility, also asked the Supreme Court to set aside a whopping sum of N22.9 billion he was ordered to refund to the government treasury by the Court of Appeal in a 2018 judgment.

He was sent to prison in 2018 by the Court of Appeal in Abuja upon being found guilty of defrauding the Federal Government to the tune of N22.9 billion through police pensions.

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Judiciary

Crypto agent docked for alleged N10.8m fraud

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By Gistflash News

Sept 27, 2021

A crypto agent, Nnamdi Obinna on Monday appeared in a Grade I Area Court in Karu, Abuja, for allegedly defrauding a client of N10.8 million naira.

The police charged Obinna, 21, of Dape Village, Abuja with criminal breach of trust, cheating and criminal misappropriation.

The Prosecution Counsel, Ade Adeyanju told the court that the defendant opened a ”hobbit” account for the complainant with his details, emails, phone number 08107621135, with Password- L17ZY234$1 and the account has been managed by the defendant between February to July, 2021.

The Prosecutor said that the complainant therefore entrusted N10.8 million to his GTbank account number 0408772986 and palmpay Account for the purpose of purchasing crypto currency for him.

During Police investigation, he said, it was discovered that the Bank verification Number- 22189167822 he used to operate the above mentioned account belongs to Samuel Nnamde.

He said that the defendant changed the password of the ”hobbit” account and  the complainant could not access it.

The prosecutor said, the offence contravened the provisions of sections 312, 322 and 309 of the Penal Code

The defendant, however, pleaded not guilty to the charge.

The Prosecutor said the matter was reported by the complainant, Chinedum Onyedikachi of Block 46 Low cost housing Estate, Umuahia, Abia.

The Judge, Mr Inuwa Maiwada, admitted the defendant to bail in the sum of N13 million with three sureties in like sum.

Maiwada said the surety must live within court jurisdiction.

He ordered that the surety must be a civil servant of level 12, he or she must provide means of Identification, statement of account and valid address verified by the court staff.

He adjourned the case until Oct. 27 for mention.

NAN

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Judiciary

Alleged nude photos: Court fixes Oct. 21 for arraignment of Ohakim

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By Gistflash News

Sept 27, 2021

The Federal High Court, Abuja, has fixed Oct. 21 for arraignment of former Imo Governor, Mr Ikedi Ohakim, for allegedly threatening to release nude photos of an Abuja-based woman, Mrs Chinyere Amuchienwa.

Justice Taiwo Taiwo ordered the Attorney-General of the Federation (AGF) and Minister of Justice, to take over the prosecution of Ohakim from the Inspector-General of Police, at the resumed trial on Monday.

The police had filed criminal charges against Ohakim and Chinedu Okpareke over alleged threat to life and threat to release nude pictures of Amuchienwa.

However, before Ohakim arraignment, the police filed a notice of discountenance of the matter on March 15, same day the AGF informed the court that he was taking over the matter.

According to the charge, Ohakim and Okpareke allegedly threatened to release nude photographs of Amuchienwa if she failed to drop charges of attempted kidnap against them.

On the last adjourned date, Mr Bagudu Sani, a counsel from the minister’s office told the court that the police would no longer prosecute the case as they had filed a notice of discontinuance.

Sani said that the matter, as originally filed by the police, had now been transferred to the office of the attorney-general.

He further told the court that the office of the attorney-general had gone ahead to file an affidavit of compliance.

Counsel to the police Mr Rufus Dimka, opposed the application by the minister, saying that the police had filed a complainant/applicant’s counter affidavit.

Dimka prayed the court to grant the notice of discontinuance and strike out the charge.

Counsel to Ohakim, Mr Emeka Etiaba (SAN), however, opposed the request by the AGF to take over the matter and prayed the court to dismiss the application.

Etiaba said that the content of the affidavit of compliance by the AGF did not in any way affect the consequence of the notice of withdrawal of the charge against his client.

In his ruling, Justice Taiwo held that there was no doubt that the AGF had unfettered powers to take over the prosecution of any case at any point.

He said that the AGF could do that as long as judgment had not been delivered in such a case.

The judge said since the constitution had given the AGF such powers, the court could not give effect to the notice of discountenance filed by the police.

He held that the application by the police to discontinue the matter, lacked merit and upheld the argument by the AGF to take over prosecution of the matter.

He subsequently adjourned the matter until Oct. 21 for arraignment of the former governor and beginning of trial.

NAN

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