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MEDIA REPORT
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NIGERIA TRIBUNE
9th September, 2025

Natasha: Senate overreaching itself - Adegboruwa

A Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has said that the Senate overreached itself by preventing Natasha Akpoti-Uduaghan from resuming her legislative functions. He stated that the Kogi senator was suspended for a period of six months, and preventing her from resuming would effectively extend the suspension without a valid resolution from the upper chamber. He said, "I think the Senate is overreaching itself with this position. First, the suspension of the Senator was for six months certain, being limited by time. Once the six months expire, she should be allowed to resume in the Senate automatically. "Failure to allow her to resume is indirectly extending the suspension beyond six months, without a valid resolution of the Senate to that effect. There is no such resolution at the moment. The case pending in court cannot be used as a reason to extend her suspension illegally. "Second, the court case being referred to relates to the six-month suspension, questioning its validity and constitutionality. The appeal arising from that case is also limited in scope to the six-month suspension. Anything to the contrary will portray the Senate as vindictive and petty. "Third, the trial court pointed out that the period of suspension should not exceed the usual sitting days of the Senate for a session. To refuse her resumption after the six-month period would make the suspension indefinite. "Since this matter relates to the rights and privileges of a whole constituency comprising millions of voters, the Senate should do the needful by allowing Senator Natasha to resume forthwith. "She has already served the six months in full, and any determination by the court can only relate to the validity of the suspension and her entitlements. However, the sessions of the Senate she missed due to her suspension cannot be reversed forever. In essence, the purpose of the suspension having been fulfilled, no useful purpose will be served by denying her the right to resume her duties as a Senator."

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NIGERIAN TRIBUNE
28th July, 2024

Hunger protest: Telcos' trying to restrict internet access - Adegboruwa

Ahead of the planned nationwide protest in August, human rights lawyer Ebun-Olu Adegboruwa has urged the Nigerian Communications Commission (NCC) to probe telecommunication operators' alleged disconnection of subscribers. In a statement on Sunday, the Senior Advocate of Nigeria warned that telcos should not attempt to sabotage the forthcoming protest against economic hardship in Nigeria by restricting internet access among displeased citizens. "For the past few days, some telecom companies have been disconnecting their subscribers for flimsy and untenable reasons. Some allege a lack of NIN registration or linking while some didn't give any reason at all. "This action is coming on the heels of the proposed struggle of the people against hunger, poverty, suffering and the suffocating economic policies of the Tinubu administration. "From all indications, it would seem that the underlying target of the telecom companies is to limit the reach of their customers in order to restrict access and thus frustrate the protests," Adegboruwa said. The senior lawyer said the contract between telecom companies and their subscribers remains sacrosanct and should not be tampered with arbitrarily. "Sufficient information and opportunity should be given for subscribers to remedy any alleged breach or error. "So many telephone users deploy their numbers for their businesses and other lawful engagements, not to talk to those who may have medical and health-related emergencies. "The NCC is urged to look into this and come to the rescue of the subscribers." The senior lawyer had written security agencies, requesting protection for protesters under the umbrella of the Take It Back Movement come next month. The protest against economic hardship, which is gaining traction on social media, has been scheduled to be held across all states of the Federation as well as the Federal Capital Territory (FCT), Abuja, in August.

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NIGERIAN TRIBUNE
28th March, 2024

Adegboruwa calls for amendment of NDDC Act

Legal luminary and Senior Advocate of Nigeria, Mr Ebun Adegboruwa SAN, has called for a proper amendment of the Niger Delta Development Commission (NDDC) Act. He made the call while featuring as the keynote speaker during a recently held retreat organised for the Directorate of Legal Services of the NDDC in Lagos. Adegboruwa, while speaking on the topic "Repositioning Legal Services for Optimal Impact in the Public Sector", said: "There is a need for the amendment of the NDDC Act, especially in the aspect of abandoned projects. That's what I meant by ensuring proper amendment of the NDDC Act. "There should be an amendment to the NDDC Act since there are now claims of other states producing oil, for instance, Anambra, Kogi, Lagos, and others. "Such amendment should be able to verify such status and decide whether to include or exclude them in the management board, and I also anticipated that the amendment would take care of appointments to the board because the current law agrees on rotation among the oil-producing states." "There are states that are producing oil that have never emerged as the managing director of the NDDC. I mean, those matters should be specified and not left to the issue of doubt." Also, the Director of Legal Service of the NDDC, Dr Stephen Ighomuaye, highlighted the importance of training and re-training of members of the legal unit of the commission, stating that it cannot be overemphasised, as the Directorate of Legal Services of an organisation as big and pivotal as the NDDC being an interventionist agency is propelled for the rapid development of the Niger Delta region. According to him, "the current management of the NDDC acknowledges the need for training and re-training and has approved for the staff of the directorate to be sequestered to come together and reposition themselves in accordance with the theme of today's retreat, which is "Repositioning Legal Services for Optimal Performance in Its Functions". "From the delivery of the keynote address, Mr Ebun-Olu Adegboruwa (SAN) was very clear on the importance of training and re-training and making adequate budgetary provisions for taking on the job of legal service because when you get things right from the legal perspective, almost everything else falls into place. We believe that the problems of the Niger Delta region would be properly taken care of if legal services were efficiently positioned."

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NIGERIA TRIBUNE
3rd January, 2024

Maikyau, Adegboruwa, Nwadioke, others named Nigeria's 'top 100 lawyers'

Nigerian Bar Association (NBA) President, Mr Yakubu Maikyau SAN; human rights activist, Mr. Ebun-Olu Adegboruwa SAN and justice reform advocate, Mr Emeka Nwadioke have been listed among Nigeria’s Top 100 legal personalities. The honorees were named among the “Top 100 exceptional and outstanding Nigerian legal personalities with significant contributions to legal education and practice.” Other honourees include former Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem SAN; Economic and Financial Crimes Commission (EFCC) prosecutor, Dr Wahab Shittu SAN; former NBA General Secretary, Mr Emeka Obegolu SAN; leading chartered arbitrator, Mrs Dorothy Ufot SAN and acclaimed tax expert and University of Lagos (UNILAG) teacher, Professor Abiola Sanni SAN. Also listed among the Top 100 Legal Personalities are Dr Kayode Ajulo SAN; Mrs Folashade Alli SAN; Mr Adeyinka Kotoye SAN; Professor Ukooh Ikoni (Benue State University); Professor Mojeeb Alabi (Osun State University); Professor Omoniyi Akinola (Redeemer’s University) and Professor Nimah Abdulraheem (University of Ilorin). Unveiling the honourees at the weekend, the organisers, Legal Eagles Initiatives and LMT Academy, stated that the awards are “based on proven track record of excellence and performance.” The organisers noted that the awards were aimed at “celebrating hard work and rewarding consistency,” adding that “This Award is a product of our organisational commitment to rewarding hard work and promoting excellence. It seeks to honour personalities and institutions who have distinguished themselves and have made measurable impact within and outside the Legal profession under the year in review. “Since the maiden edition which was held in 2021, the LIFIN EXCELLENCE AWARDS has earned the reputation of being one of the most prestigious Award within the Legal Industry and beyond. Here’s an opportunity to recognize and celebrate distinguished personalities whose immeasurable achievements inspire hope.” Voting for the awards commenced on December 26, 2023 and ended on December 29, 2023 while the honourees were announced the next day.

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NIGERIAN TRIBUNE
7th December, 2023

Plateau killings: Tinubu has failed Nigerians - Adegboruwa

Rights activist and lawyer, Ebun-Olu Adegboruwa (SAN), on Wednesday, stated that the recent gruesome killings in Plateau State prove beyond doubt that governance has failed in Nigeria, adding that since May 29, 2023, when the President took over the mantle of leadership, the fortunes of Nigerians have dwindled and life generally has become uncertain and hellish. According to him, "the verdict on the streets of Port-Harcourt, Kaduna, Uyo, Onitsha, Gombe, Abuja, Lagos, Enugu, Makurdi, Lokoja and indeed all parts of the country is that this particular government has failed Nigerians. "Under and by virtue of section 14 (2) (a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the security and welfare of the people shall be the primary purpose of government. The revelation by the Governor of Plateau State that over 64 communities in the State have been taken over and have been inhabited permanently by terrorists for well over two years running is a loud confirmation of the lack of transparency on the part of our leaders in dealing with the people. "As far as the relevant laws of Nigeria are concerned, security matters lie principally with the federal government led by the Commander in Chief of the Armed Forces who in this case is the President. That sacred duty is not being discharged creditably and in accordance with the good expectation of Nigerians," he said. Adegboruwa further said it is shocking that a day after close to 200 hundred citizens have been brutally murdered in cold blood and others displaced from their homelands in their thousands in Plateau State, the President was comfortable hosting Governors in the comfort of his home in Banana Island Lagos, instead of visiting the scene of the carnage to solidarise with his fellow citizens who are being killed in droves and have since become helpless and defenceless. "How could the Governor of Plateau State be comfortable leaving his home state for a solidarity visit to celebrate Christmas with the President in far-away Lagos? What message was the Governor sending to his people? The Federal Government should have declared a state of emergency on security and directed a low-key Christmas celebration in solidarity with the people of Plateau State. "It would seem that security is gradually becoming a scam in Nigeria, through which our leaders siphon money without actually offering any tangible solution for the protection of lives and property. In this particular case of the killings in Plateau State, the President relapsed into the usual refrain of press statements, without any concrete action to combat the terrorists or bring them to justice. "Quite apart from the failure in security, the Tinubu administration has imposed suffering and mass hunger and poverty upon the people through failed economic policies that have led to inflation and mass suffering. The mantra of the so-called Renewed Hope has only been employed to lure our people into slumber while the leaders go on living in luxury and affluence and the youths and citizens are left to seek greener pastures in foreign land in the name of JAPA. "The President has had enough time to convince Nigerians about his determination to improve their lives but no tangible change has taken place since his inauguration beyond propaganda and the usual press releases that address nothing. If there is no genuine programme to lift Nigerians out of the present economic woes, let the President do the needful by resigning," he added.

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NIGERIAN TRIBUNE
7th November, 2023

Akure Court did not dismiss Aiyedatiwa's case - Adegboruwa

Renowned legal practitioner and counsel to Lucky Aiyedatiwa, the Deputy Governor of Ondo State, Ebun-Olu Adegboruwa (SAN) on Tuesday denied reports that a suit filed by his client was dismissed by an Ondo State Court sitting in Akure, the state capital. Adegboruwa made this known while reacting to news that Aiyedatiwa's case was dismissed, describing the information as misleading. He said, "my attention has been drawn to a misleading and false report to the extent that the Akure High Court dismissed the case of the Deputy Governor of Ondo State today. This is not correct at all. �I was in court today in Akure in the reported case. Far from the misleading report of the alleged dismissal, the court did not dismiss any application. The claimant (deputy governor) had a pending application for injunction pending appeal which was slated for hearing today. "When the case was called, the claimant's counsel informed the court that since the claimant has almost perfected the process of compilation and transmission of the record of appeal for the hearing of his appeal, there was no need to burden the court with the pending application," he said. Adegboruwa had then applied to withdraw it and it was accordingly struck out, adding that "the application for costs by counsel to the House of Assembly was declined by the Court. "In law generally, the court does not form the habit of dismissing any case that has not been heard on the merits," Adegboruwa added. Adegboruwa added that the court session lasted less than five minutes and the only thing that happened was that he applied to withdraw a pending application, stating that he was shocked to read the false report that the case was dismissed.

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NIGERIAN TRIBUNE
5th October, 2023

Impeachment: Adegboruwa asks Ondo CJ to disregard request from Assembly

The legal representative of Lucky Aiyedatiwa, the embattled Deputy Governor of Ondo State, Ebun-Olu Adegboruwa (SAN), on Thursday, wrote the Chief Judge of the state to ask that parties in the ongoing move to impeach the deputy governor, following due process and stay within the ambit of the law. Adegboruwa, in his letter, delineated A&C/RC/L-05/10/2023 and titled, "RE: Why Ondo State House of Assembly cannot proceed with removal proceedings of the Deputy Governor of Ondo State's which he copies the Ondo State Governor and the House of Assembly, stated that his letter was in regards the suit filed by Aiyedatiwa before the High Court, Akure in respect of the unlawful attempts of the Ondo State House of Assembly to conduct proceedings for his removal from office. He drew the attention of the Chief Judge to what he said were undisputed facts in the matter, adding that "On September 25, 2023, our Client filed a Motion on Notice for various orders of interlocutory injunction against his planned removal from office by the Ondo State House of Assembly. The said application has been served on ALL the defendants in the suit, including the House of Assembly. "Realising that our Client had filed a suit before the Akure High Court, the Ondo State House of Assembly claimed to have served a Notice of acts of gross misconduct on some persons different from our Client in the late afternoon of September 25, 2023, after Suit No. AK/348/2023 had been filed, against the said removal proceedings. The said Notice is required by law to be served on our Client personally, for it to be effective. "On September 26, 2023, our Client filed a Motion on Notice before the Akure High Court, for an order to stay further proceedings on the said Notice by the Ondo State House of Assembly and indeed all the defendants in Suit No. AK/248/2023 supra. The said application has been served on all the defendants in the suit. "On September 26, 2023, it became a matter of public knowledge that the Federal High Court, Abuja in Suit No. FHC/ABJ/1294/2023, per Emeka Nwite, J., granted an order, RESTRAINING ALL THE DEFENDANTS IN THE SAID SUIT, INCLUDING THE ONDO STATE HOUSE OF ASSEMBLY, FROM PROCEEDING WITH THE PLANNED REMOVAL PROCEEDINGS AGAINST OUR CLIENT. "My Lord is a defendant in the said suit upon whom the order of the Court has been duly served. In particular, the Federal High Court granted an order, restraining My Lord from constituting any panel of investigation at the instance of the Ondo State House of Assembly," he added. According to Adegboruwa, the Speaker of the Ondo State House of Assembly who was also restrained by the Order of the Federal High Court, issued a statement openly castigating the court and vowing to disregard the said order by proceeding with the removal proceedings. "The Speaker arrogantly described My Lord of the Federal High Court as "a certain judge", threatening with reckless abandon, to deal with the judge," Adegboruwa said. Giving reasons why the Ondo Assembly cannot proceed with removal proceedings, Adegboruwa highlights the provisions of Section 188 (2) of the 1999 Constitution which makes it mandatory that the holder of the office shall be served with the notice before the House of Assembly is conferred with jurisdiction to sit on the removal proceedings. "The House is in flagrant violation of this section when it convened its plenary proceedings on September 20, 2023, before the holder of the office was served, in breach of the constitutional and fundamental right to a fair hearing of our Client, the Deputy Governor. "Service of the Notice is personal, which was not done in this case. The Notice being paraded by the House of Assembly was not served on the Deputy Governor personally. Under Section 188 of the Constitution, the Assembly is authorised to sit only two times in the course of removal proceedings; first under section 188 (3) when it convenes to move a motion to call upon the Chief Judge to constitute a panel of investigation and secondly under section 188 (9) when it convenes to deliberate upon the report of the panel set up by the Chief Judge. "In this case, the Assembly has already convened its full plenary and conducted proceedings on the Notice at least twice, in respect of the planned removal of the Deputy Governor; first on 20th September 2023 and again on 3rd October 2023. That being the case, the House has no jurisdiction to convene any further proceedings in respect of the planned removal, having exhausted the two sittings allowed under section 188 of the Constitution," he said. Adegboruwa added that presently, there is no valid Notice of acts of gross misconduct in existence to ground any removal proceedings against the Deputy Governor, reiterating that "First, the Notice presently in circulation was not served on the Deputy Governor in line with section 188 (2) before the Assembly convened its plenary session on 20th September 2023, to deliberate on the said Notice. Second, the Notice was not personally served on the Deputy Governor. Thirdly, upon proper examination, the Notice presently in circulation is not a document of the House of Assembly of Ondo State, properly so-called. "When My Lord probes the said Notice, it will be discovered that only the cover letter from the Speaker of the Assembly and the signature page bears the insignia and authority of the Ondo State State House of Assembly. The alleged Notice itself is not a document emanating from the House of Assembly of Ondo State, being a document foreign to the said Assembly," he emphasised. Speaking on why the deputy governor cannot respond to the notice, he said under and by virtue of section 287(3) of the Constitution, "all persons and authorities in Nigeria" are to obey and give effect to the orders of the Federal High Court. Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings. "Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law. Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond. "Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served. "My Lord, it has now been settled beyond controversy, by the Supreme Court in the case of Inakoju v Adeleke, (2007) 4 NWLR (Pt.1025) 474, that the Court possesses the requisite jurisdiction to inquire into whether there is strict compliance with section 188 (1) - (9) of the Constitution before invoking the provisions of section 188(10). The House of Assembly, being an agency created by law, should join our Client to defend all its illegal actions and proceedings before the Court. "We humbly urge my Lord to disregard any motion, letter, application or request from the Ondo State House of Assembly for the constitution of any panel of investigation in respect of the deputy governor of Ondo State until the two pending cases are fully decided by the various courts with jurisdiction over them. "The Chief Judge can only invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are complied with. Putting it in a negative language, the Chief Judge will not invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are not complied with," he stated.

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NIGERIAN TRIBUNE
4th February, 2023

'I've no political affiliation’, Lawyer Adegboruwa cries out over threat to life

A senior advocate of Nigeria, Ebu-Olu Adegboruwa, has cried out over an alleged serious threat to his life. The legal luminary, who explained that he has no political affiliation, called on Nigerians to hold the government and the security agencies accountable should anything happen to him. In a statement he personally signed and obtained by Tribune Online on Saturday, Adegboruwa said he has noticed and warned in recent times over attempts on his life, linking the alleged threat to his conviction and advocacies for good governance, rule of law and accountability. He said, “As I do not yet have the financial power to undertake philanthropic engagements to birth my convictions, I deploy my professional experience, knowledge and services to campaign for a better society, where justice and peace shall reign. “This should not warrant any threat to my life at all, either from politicians or from the government. Power belongs to God. No human life should be worth the political ambition of anyone.” Continuing, he noted that the country seeks a good leadership that will improve economic conditions and good governance, adding that such desire should not constitute a threat to the life of any advocate. “All that the people of Nigeria seek is good leadership, a better life through efficient management of our resources, security of lives and property, durable infrastructure that will galvanize improved economic conditions and good governance. “This should not constitute a threat to the ambition of any politician or indeed a threat to the life of any advocate. While my views and actions may seem to antagonize or support certain political tendencies depending on the divide, I bear no allegiance to any political party,” he said. Adegboruwa added that anyone Nigeria considered fit for their votes in a free, fair and credible elections would also be his leader, vowing, however, to “continue the revolutionary struggles for which I have been trained and known, notwithstanding the threats. My life is in the hands of God.

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NIGERIAN TRIBUNE
5th August, 2022

NBA crisis: Conduct of exco unbecoming, says Adegboruwa

Lagos-based lawyer and activist, Ebun-Olu Adegboruwa (SAN), on Thursday, described the ongoing crisis within the leadership of the Nigeria Bar Association (NBA) as condemnable, and a failure in following the due process of law. Adegboruwa stated that the events unfolding at the national executive council of the Bar Association, in relation to the suspension or purported suspension of the general secretary is unbecoming and deserving of condemnation by all lovers of the legal profession. According to him, some members of the national executive council of the NBA claimed to have suspended the general secretary, Mrs. Joyce Oduah and in response, she proceeded to the court to challenge the said suspension and all the parties in the said suit have been duly notified of her pending application for an order of injunction, whilst some of the defendants in the said suit have challenged the jurisdiction of the court. He added that “this case has thrown open the underbelly of legal practice in Nigeria, as this is what plays in virtually all courts between parties in most cases where judicial intervention is sought for one cause or the other. In this case, it is clear that the NBA president and those loyal to him are bent on holding on to the suspension of the general secretary whilst on the other hand the general secretary seeks to hold on to her office based on the pronouncements of the Court and the case pending. Adegboruwa emphasised that the motto of the NBA is RULE OF LAW and it behooves on the president of the bar to err on the said of the law, even if it involves sacrifices on his part. “This has been the stance of Mr. Olumide Akpata himself throughout his tenure in dealing with important national matters, for which many lawyers and lovers of the rule of law and due process have hailed him. He should have upheld those ideals and principles for which he had sought to hold others accountable throughout his tenure. To the extent that it was reported that the name of the general secretary was deliberately omitted from the brochure and programmes of the annual general conference was pursuing unbridled pettiness on the part of the NBA exco. “In sending emails to NBA members through her own personal email, whilst the court is yet to pronounce finally on her pending application for injunction, or even the substantive suit, she has unwittingly thrown the NBA into confusion and disrepute, which action was totally unnecessary in the circumstances of this case,” he added. Adegboruwa appealed to all the parties to the suit to put themselves under restraint to follow the due process of law and not throw lawyers into public opprobrium and disrepute by their resort to self-help. The NBA owes Nigeria the duty to lead by example and to use this case as a reference point of how lawyers and parties should conduct themselves in the course of prosecution of their causes in court. “I, therefore, call upon leaders of the Bar and all other stakeholders to intervene to get the parties in this case to abide by the known tenets of due process and the rule of law. Should they continue in their selfish recourse to self-help, then the entire exco should be disbanded totally so that we can save the reputation and image of the Nigerian Bar Association,” he concluded.

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NIGERIA TRIBUNE
17th May, 2022

Sokoto killing: Charges against alleged killers watery —Adegboruwa

A Senior Advocate of Nigeria (SAN), Ebun-Olu Adegboruwa, on Monday knocked authorities in Sokoto State for preferring alleged undercard charges against those accused of killing Deborah Samuel. The senior lawyer pointedly accused the state government of going for charges with far less implications, noting that it is the governor, Aminu Tambuwal that is now on trial. The state government preferred charges of criminal conspiracy and inciting public disturbances against the accused despite the material facts of the matter, pointing at alleged murder. Adegboruwa advised Tambuwal to resign in the statement he titled ‘The conspiracy in Sokoto’, instead of making a mess of the law of the land. He said, “There is need for genuine reconciliation in this matter. The criminal charge of criminal conspiracy and inciting public disturbance as framed by the Sokoto State government against hardened murderers is an insult to the sensibilities of the parents of the deceased, the people of Nigeria and God who created Deborah. “This crime took place in an enlightened environment in a higher institution, under the watch of security men, who were said to have been overpowered. It all started from a WhatsApp group, which has identified leaders. There are students who sent messages and threats of death on that platform. Their phone numbers are registered with NIN identification. They belong to a class in the school so they are known individuals. “Images of persons who openly and boastfully confessed of partaking in the murder abound, with one displaying the match stick with which the deceased was set ablaze. The government of Sokoto State has by these charges shown itself complicit in this whole drama and it is most unfortunate, for a state that is headed by a lawyer, a former Speaker of the House of Representatives and who is aspiring to rule Nigeria as its president. “It is most uncharitable of the governor to have condoned this baseless charge. It is better to set the suspects free rather than claim to try them. The aftermath of this gruesome murder, the watery charges filed and the consenting attitude of those concerned have depressed me more than the act itself,” Adegboruwa stated. He conveyed his worries about the future of the country while expressing outrage over the alleged complicity of the state, saying “Nigeria cannot work this way at all. I’m truly saddened by this development. I expected the governor as a visitor to that school to have visited the parents of the deceased, who trusted the authorities and sent their ward to school from Niger to Sokoto State, in furtherance of the mantra of a united Nigeria. “If the impression we get with all these charges is that the state itself endorsed the murder of the deceased, then we are sowing the seeds of discord and fragmentation,” Adegboruwa noted. “The political ambition of Governor Aminu Tambuwal should not override the life of a citizen entrusted to his care but who was murdered in cold blood. It is better for His Excellency to resign now, rather than go down in history as the governor under whose watch a citizen was murdered and the governor could not enforce the laws of the land but rather aided and abetted its cover up. “It is Governor Tambuwal who is actually on trial in this case,” he added.

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NIGERIAN TRIBUNE
8th May, 2022

APC standing on landmines over contesting ministers, Adegboruwa warns

HUMAN rights lawyer, Ebun-Olu Adegboruwa, has described the All Progressives Congress (APC) as party standing on a landmine over the refusal of ministers who have indicated interest in the presidential race to resign from their positions. Adegboruwa was joined by the permanent representative of the Centre for Convention on Democratic Integrity (CCDI) to the United Nations, Femi Aduwo and an Associate Professor of Law at the Lead City University, Ibadan, Professor Olu Ojedokun, who said it was morally and legally wrong for the public officers to be holding their current positions while also seeking elective offices. Minister of Science and Technology, Dr Ogbonaya Onu; Minister of State for Education, Dr Chukwuemeka Nwajuiba, Minister of Labour, Dr Chris Ngige; Minister of Transportation, Rotimi Amaechi; Minister of Niger Delta Affairs, Goodwill Akpabio and the governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, have bought forms to run for the job of president of the country without resigning from their positions. Condemning the action in an interview with Sunday Tribune, Adegboruwa SAN said the ministers and the country’s Chief Law officer, Abubakar Malami, who is running as a guber aspirant, are bastardising the 1999 Constitution by retaining their positions and running for elective offices. “I believe that the Court of Appeal should quickly resolve the issue of Section 84 (12) so that the case can quickly get to the Supreme Court. They are all standing on landmines. It will affect the APC. Look at what happened in River and Zamfara states in the last elections where the people took the court and our legal system for granted and they paid dearly for it. From the point view of legality, it is totally wrong. “And in the case of the CBN governor, it is worse. For instance, the CBN is a lender to banks, custodian of the revenue of the federation and is a lender to the FG. How does a person like that become partisan? to even indicate that he has joined the APC or for him to even seek to be the party’s presidential candidate means that he is already a card-carrying member of the party. It is scandalous. “You now see why our economy is not improving. He has never been dedicated to his duty for one day. He is always involved in conflict of interest because if he is seeking to be under the control of APC, how does he regulate inflation, exchange rate, and stand up to his bosses in APC because he is now under Abdullahi Adamu as APC chairman? Aduwo, also in an interview, said the ministers and presidency have been acting as though they knew the outcome of the appeal filed by the National Assembly over the contentious Section 84 (12) would be decided in their favour. “They have been quoting the 1999 Constitution to say that as public officers, they will only resign 30 days before the election. When does an election start? It starts from the primary where candidates will emerge. “If the National Assembly loses the appeal and goes ahead to lose at the Supreme Court, they can be rejoicing. But if the courts agree to be on the side of the people of the country who have spoken against their holding offices and running for electiove positions, then they will be in soup. “It is so embarrassing that these ministers will be suing the paraphernalia of office and public funds to pursue a private agenda. It is saddening. “In the case of the CBN governor, I know he is supposed to resign. A group known as the association of rice growers claimed to have bought the form for him. You will recall that there is the Anchor Borrowers Scheme of the CBN through which it has released N850b to rice farmers. It is now coming to light that much of the money did not go to the real rice growers. Some of those who got the money are those paying N100m for his forms. “If the EFCC is serious, it should be asking questions about those who are buying forms for these politicians and unveil their identities. Are they drug barons? Armed robbers? Is it not shameful and embarrassing that Senator Bola Tinubu who claims to be very rich, is getting a form bought for him by so-called people. Who are those people? It is the same thing with Alhaji Atiku Abubakar and others,” he said. According to Professor Ojedokun “We now have a situation where governance has come to a standstill because people are more interested in politicking than in solving the problems of the country. “As for the CBN governor, it is even more serious because enshrined in the relevant part of the CBN Act is the independence of CBN and if the CBN governor is a member of a political party, then the independence is nonsense. “So, you would have expected that the moment the speculation came out, either he should dispel it in a robust fashion or resign to take up the gauntlet. But he does neither. So, he is in an invidious position and in a country where democracy really works or the constitution is respected, he would have been subjected to impeachment proceedings. But this is Nigeria. It is becoming a farce. It’s all fun and game, isn’t it? “he queried.

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NIGERIAN TRIBUNE
19th March, 2022

Let NGOs, NASS appeal nullification of section 84(12) of Electoral Act — Adegboruwa

Human rights activist and lawyer, Ebun-Olu Adegboruwa, SAN, has reacted to the judgment of the Federal High Court, Umuahia, nullifying section 84(12) of the Electoral Act. In a statement he issued on Saturday, Adegboruwa, remarked: “May the judiciary (lawyers and judges) not destroy Nigeria in our lifetime.” The Senior Advocate of Nigeria noted that “The Electoral Act is an act of the National Assembly. “How can you “nullify” an Act without joining the institution that made the Act, so that they can be heard concerning what they did?” He observed that “When a defendant (Federal Government) rejoices over a judgment delivered against it as a party, then you know there is a problem in Nigeria.” To address the issue, Adegboruwa said: “Let the National Assembly, the political parties and NGOs appeal against the judgment as interested parties. ALSO READ FROM NIGERIAN TRIBUNE Bandits Attack Mosque, Abduct 24 In Kaduna In Kidnappers’ Den, In My Head, I Cast The Headline Of My Story If I Didn’t Make It Out —Oladeinde, Former Sunday Sun Editor “Why do you want to hold on to your office as a political appointee and at the same time be a candidate in an election?” He concluded by saying: “May Nigeria not happen to us in this way.” Recall that a Federal High Court sitting in Umuahia, Abia State, on Friday ordered the removal of Section 84 (12) of the newly amended Electoral Act which barred political appointees from contesting in primaries and voting as delegates without first resigning their positions. President Muhammadu Buhari had urged the National Assembly to delete Section 84(12) of the amended Electoral Act, stating that it violated the constitution and also breached the rights of government appointees. The president had written a letter to the National Assembly seeking amendment by way of deleting the provision, an amendment the Senate rejected in plenary. However, in suit number FHC/ UM/CS/26/2022 filed by a lawyer, Nduka Edede of Action Alliance, the plaintiff asked the court to declare the section null and void. The court, in its judgment delivered by Justice Evelyn Anyadike, ruled that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, and should be struck off as it cannot stand as it is in violation of clear provisions of the constitution. Meanwhile, the office of the AGF and Minister of Justice said on Friday that it will give effect to the Court judgment “in line with the dictates of the law and the spirit of the judgment. “The judgment of the Court will be recognized by the government printers in printing the Electoral Act,” the Attorney General’s office said in a statement.

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NIGERIAN TRIBUNE
5th March, 2022

Adegboruwa kicks against new dress code that allows female police officers to wear hijab, scarves

The new dress code for female police officers in Nigeria which allows them to wear hijab, scarves, earrings, among others, was on Saturday described by a foremost lawyer as illegal, ultra vires that should be stopped immediately. The Nigerian Police Force had on Friday announced a new dress code for female police officers through a statement issued by the Force Public Relations Officer, Muyiwa Adejobi, in Abuja, which disclosed that the female officers would henceforth wear stud earrings, scarves and hijab. However, a foremost lawyer, Ebun Adegboruwa, a Senior Advocate of Nigeria (SAN), on Saturday, kicked against the decision of the police hierarchy on the new dress code for female police officers, saying such violates the constitution of the country and it should be stopped. Adegboruwa, who issued a statement on the matter on his Facebook wall on Saturday, said the decision by the Nigerian Police authorities to allow the wearing of hijab by female police officers negates the constitution of the country and the decision shpuld be suspended immediately. According to Adegboruwa in the statement: “On March 4, 2022, the Inspector-General of Police purported to unveil a new dress code for the Nigeria Police Force, especially female officers, who are to be allowed to wear coverings or hijab, among others. “The religion of public officers, including members of the security agencies, should be a private matter to them. The Inspector-General of Police is not competent to use the platform of his office to enforce religion. “Section 10 of the Constitution of the Federal Republic of Nigeria stipulates that government and all its agencies should be neutral in religious matters. “Section 42 of the same Constitution prohibits discrimination in all its ramifications. In this regard, there will be no end to confusion attending the new dress code prescribed by the IGP. “What will be the official uniform for police women who are in the Catholic Church? How should policemen and women who are in the Celestial Church dress up when the practice of their church is against wearing shoes at all? “And how should traditionalists who are in the police force dress up, with charms and amulets round their uniforms? “The Nigeria Police has existed as an institution since 1945 and it is strange that of all the issues confronting that agency, such as low morale, poor welfare, poor infrastructure, poor training, poor welfare, etc, religious adornment should be the priority of the Inspector-General of Police. “The police should focus on combating crime, improve citizens engagement and help guaranty safety of lives and property. The religious preferences of policemen and women should be their private matters.”

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NIGERIAN TRIBUNE
17th January, 2022

Osun: Formulate policies that can develop Osun, Adegboruwa tells Adeleke

A Lagos-based lawyer and rights activist, Ebun-Olu Adegboruwa (SAN) on Sunday told the governor-elect to go back and formulate policies and programmes that can further develop the state. Adegboruwa made the call in his congratulatory message to the people of Osun for their tenacity and peaceful conduct. “I commend INEC, the election monitors, the security agencies and indeed all those that made the Osun election possible. The only way that the governor-elect can merit any commendation is for him to go back to the drawing board and fashion out programmes that will deliver development for the people of Osun. The period of dancing ended yesterday; we want to see results,” he said. According to him, the governorship election held in Osun State on Saturday, July 16, 2022 produced some very disturbing results that have several lessons for Nigeria. “The election was not won on the basis of programmes, policies or ideologies. The two major political parties, the All Progressives Congress and the Peoples Democratic Party both imported musicians to sing and dance for the people as if entertainment is the engine of good governance. They had no concrete plans for the people of Osun beyond the usual soap box rhetoric. “If we can guarantee the independence and autonomy of INEC, to conduct elections in an atmosphere of freedom, liberty and fairness, the will of the people will become established in the leadership recruitment process. “The deployment of technology in aid of free and fair elections is crucial to the success of the electoral process, especially in the accreditation of voters, the voting proper and the transmission and collation of election results. The same day that the people of Osun elected their governor, lawyers all over Nigeria also elected members of the Executive Council of the Nigerian Bar Association. The election was being monitored as voting progressed and winners were announced immediately after the election. There is no need to give room for election riggers and manipulators to corrupt our electoral system. “If elections can be free and fair in Nigeria and become the outcome of the genuine will of the people, politicians and leaders will strive to do better. There will be accountability, respect for voters and performance will become the order of the day. These are some of the factors that drive development in other climes,” he added. He said the role of civil society, activists, non-governmental organisations and security agencies is crucial for free and fair elections, adding that “we can all team up to hold INEC accountable if there is the will to do so. When people are determined, they can never be defeated. Once we have made up our minds as a people to protect and defend our votes, the process of manipulation will be difficult to perfect.”

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NIGERIAN TRIBUNE
30th November, 2021

Jos jailbreak, killings: Adegboruwa asks security agencies to respect rights of citizens

Lagos-based rights activist and lawyer, Ebun-Olu Adegboruwa (SAN), has urged President Muhammadu Buhari to get all security agencies to respect the rights of citizens and embrace appropriate rules of engagement in dealing with crisis situations. Adegboruwa stated that there are too many cases of extra-judicial killings in the land presently, especially in places like the South-East where people are reported to be missing almost or on a daily basis. He added that “yesterday, we were all alarmed watching the invasion of the Jos Correctional Centre by criminal elements masquerading as unknown gunmen. They bombarded the facility, apparently with the sole aim of freeing some of the inmates. “In the course of the mindless attack, some brave security men were injured and killed. There are enough provisions in our laws for anyone dissatisfied with any process to ventilate their grievances without resorting to violence. I sympathise with the families of those who lost their lives in defending our nation and condemn the unwarranted attack on the correctional centre. “It however came to light that at least eight of the inmates were killed while trying to escape. The commandant said in an interview that they were gunned down while fleeing. The inmates were not the ones that attacked the facility but were most probably trying to take undue advantage of the opportunity of the attack to escape. That should not warrant their death,” he said. Adegboruwa added that the right to life is sacrosanct, both on the part of the warders and also the inmates, reiterating that no one should be killed extra-judicially except and in accordance with a process sanctioned by law. He concluded that “if some unarmed inmates are feeling to escape, the appropriate thing would be to stop their advancement through the use of minimal force but certainly not to kill them for attempting to escape.”

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NIGERIAN TRIBUNE
30th November, 2021

Falana, Adegboruwa, Ubani tackle Keyamo over legal status of #EndSARS panel

THE constitutionality of the judicial panels of inquiry constituted by state governments to probe alleged police brutality, codenamed #EndSARS panels, is back in focus and generating a storm in the Inner Bar. Senior Advocates of Nigeria (SAN) have engaged in a back-and-forth since the Lagos State panel, on November 15, submitted its report, which indicted the Nigerian Army and the Police for alleged “massacre” of Lagos residents protesting police brutality at the Lekki Toll Gate on October 20, 2020. The Lagos panel report, in particular, has provided the opportunity for agents of the state, led by the Minister of Information and Culture, Mr Lai Mohammed, also a senior lawyer, to hit the nationwide exercise. President Muhammadu Buhari had assured the global community of official action once reports from all participating states, were in. But a high-ranking official of the administration on Sunday thrashed the entire exercise, nationwide. Moving from general to specific, during an appearance on Channels TV, Minister of State for Labour and Productivity, Mr Festus Keyamo, discarded the much-vaunted Lagos probe panel report and labelled the nationwide effort a waste. On a general note, he said, “all the panels of inquiry set up by the various states of the federation following the crisis that arose as the result of #EndSARS protest all over the country are illegal.” He then zeroed in on the Lagos report, which seems to have found a soul mate in controversies. Mr Keyamo who was clear about speaking as a senior lawyer and not a government functionary, said, “All lawyers who are listening to me should go back and read the Tribunals of Enquiry Act of Lagos State. It says that the governor will have the powers to inquire into the conduct of any person – underline any person – and chieftaincy matters and any other matter that will promote the good of the state. However, ‘any person’ there was defined in Section 21 to mean public officers of the state. It is defined to mean somebody within the public service of Lagos State or of the local government as the case may be. “Then, the phrase was used at the end of Section 1 that says ‘any matter’…that they can inquire into any matter. People now think that to inquire into any matter, it means that you can just be at large. “However, if you look at Section 21 again, it says that it has to be within the legislative competence of Lagos State. In other words, it is only people over whom the Lagos State has control that they can inquire into their conduct. If you don’t have control over me, you cannot inquire into my conduct. “Policemen, the Armed Forces, military; they are not under or officers of Lagos State; they are officers of the Federal Government. By virtue of the Constitution, it is only the Federal Government that can control the conduct of policemen and the military. Lagos State cannot be in control; they cannot legislate too, regarding police and military matters; they are on the Exclusive Legislative List.” A fellow Silk and member of the Lagos panel, Mr EbunOlu Adegboruwa, took the Keyamo challenge. In a statement on Monday, the rights advocate said, “The Federal Government recently mooted the idea that all the judicial panels of inquiry set up by the various states across the Federation, especially that of Lagos State, are illegal. “It has never been part of our legal system in Nigeria, for a plaintiff who approached the court in the first instance to turn around to challenge the legality or jurisdiction of the court. “The #EndSARS panels were set up at the behest of the Federal Government, through the National Economic Council. “In the case of the Lagos Panel, the federal government, through the Nigerian Army, voluntarily submitted itself to the jurisdiction of the panel, the Federal Government called witnesses; it tendered documents and it made very lengthy presentations. “A party cannot approbate and reprobate at the same time. Thus, a party who initiated a process and willingly and actively participated in that process cannot turn around, after judgment, to plead illegality or absence of jurisdiction, simply because the outcome is unfavorable. We must strengthen our institutions to make them work. “While we all await the White Paper from the Lagos State government, it is important for government to build trust in the people in all its dealings and utterances.” Leading lawyer, Mr Femi Falana in his intervention called attention to subsisting judgements of superior courts of records, to repudiate Keyamo’s claim. The Senior Advocate of Nigeria said, “the powers of governors to institute judicial commissions of inquiry to probe police brutality has generated a needless controversy. With respect, tribunal of inquiry is not one of the items in the Exclusive List or the Concurrent List to the Constitution. Therefore, it is a residual matter within the exclusive legislative competence of state governments. “This was the bone of contention in the celebrated case of Fawehinmi v. Babangida (2003) WRN 4 where the Supreme Court held that: “When it is remembered that the 1999 Constitution has made no provision for tribunals of inquiry as did the 1963 Constitution in Item 39 of the exclusive list and Item 25 of the concurrent list, it follows that, to repeat myself on the point, the power to make a general law for the establishment and regulation of tribunals of inquiry in the form of the Tribunals of Inquiry Act 1966 is now a residual power under the 1999 Constitution belonging to the States. However, in regard to the Federal Capital Territory, the power resides in the National Assembly.” “It has also been contended that the judicial panels lack the vires to summon police officers who are in the public service of the federal government. “In Fawehinmi v Babangida (supra), the Supreme Court dismissed such spurious contention. “Speaking for the apex court, Uwaifo JSC (as he then was) asserted that “Sections 5 (c), 10 and 11(3) of the Tribunals of Inquiry Act, to compel the attendance of witnesses and the production of documents were constitutional and valid in so far as they applied to the Federal Capital Territory”. “In view of the categorical pronouncement of the Supreme Court on the validity of Section 5 (c) of the Tribunal of Inquiry Law, it is submitted that the power of all state governments to set up judicial commissions of inquiry to probe human rights abuse arising from police brutality is well grounded in law. “In the same vein, the power of the judicial commission to summon police and military personnel as well as other officers in the public service of the federal government to testify in respect of allegations of human rights abuse cannot be questioned on solid legal grounds. “Indeed, it is in the interest of all persons accused of violating the human rights of citizens to defend themselves in exercise of their fundamental right to fair hearing guaranteed by section 36 (1) of the Constitution. “Another objection is that the judicial commissions of inquiry are not competent to probe human rights abuse because the National Human Rights Commission has been empowered by the National Human Rights Commission Act to investigate all allegations of human rights in any part of the country. “With respect, this argument is a red herring as the National Human Rights Commission has not been clothed with exclusive power to investigate all allegations of infringement of human rights in Nigeria. Hence, the human rights committees of the national and state legislative houses, as well as the human rights desks in many police stations, do investigate complaints of human rights abuse from time to time.” Leading light of the Nigerian Bar Association (NBA) and chairman, NBA-Section on Public Interest and Development Law (SPIDEL), Dr Monday O. Ubani, also weighed in, pointing out that the extant laws cover only states and the Federal Capital Territory (FCT) on the issue of constitution of tribunals of inquiry over any matter in the country. In a lengthy op-ed, he said, “the governor can under the cumulative interpretation of Sections 15 and 21 of the Tribunals of Inquiry Law enforce remedies which are within the jurisdiction of the State High Courts, which are majorly reparations (compensations) for the victims in form of a judgement entered against the erring party – being the Commissioner of Police of the particular state in his or her official capacity. “Recall that it was the National Economic Council resolutions of the Federal Government that led to the setting up of the states’ panels in the first place. It is my view that the federal government should accept the recommendations and resolutions of the various tribunals of inquiry for use in policy formulation, to ensure that the bane of human rights violations by the Nigerian Police Force can no longer thrive. “As at today, only the states in the federation and the Federal Capital Territory, Abuja can set up tribunals of inquiry over any issue in Nigeria. These tribunals can summon and investigate anybody whether corporate or individual on any issue, especially matters that affect the “welfare” of the citizens of the country. “The present panels set up by the various states in the federation are constitutional, legitimate and are empowered to inquire into the various allegations of human rights violations committed by the personnel of the Nigeria Police Force as nothing in the Constitution of Nigeria precludes them from doing so with the plethora of cases and samples already cited above. “Presently, no judicial decision so far has pronounced the panels as unconstitutional despite the grumblings here and there. In fact, the feeble attempt by the Chief Legal Officer of the Nigerian Police Force to institute a suit challenging the legality of the panels, was met with severe reprimand from the top hierarchy of the Force and the said suit was quickly withdrawn from the court. We do not know of any other pending suit challenging the legality of the panels presently in any of the Nigerian courts. “Rather, astonishing news have been received across the various states in the federation that some states have begun implementing the recommendations of the various panels, by compensating the victims of police brutality in Nigeria. Lagos State is an example of the states that have paid some of the victims of Police brutality. “For the purpose of ensuring that the sanctity of the human rights is upheld and that the bane of police brutality is dealt with once and for all, state-based Judicial Panels of Inquiry are clearly preferable. “In the meantime, the Federal Government is herein advised to show its concern and atone for the complaints of the Nigerian youths and others for the manifest brutality meted out to them by the police. “The federal and state government should be properly guided to go the whole hog in implementing all resolutions as would be reached by the various judicial panels of inquiry. These resolutions should be geared towards implementing a holistic reform of the entire Nigerian security apparatus. “Lagos State is enjoined to follow its law on this Panel of Inquiry and do the needful. Time is ticking for everyone.”

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NIGERIAN TRIBUNE
29th November, 2021

EndSARS panels: Government must build trust in all its utterances ? Adegboruwa

Lawyer and activist, Ebun-Olu Adegboruwa SAN, has called on the Federal Government to build trust in the people in all its dealings and utterances. He made the call in a statement issued in Lagos in the wake of reports of the Federal Government questioning the legality of EndSARS judicial panels. Adegboruwa, a member of the Lagos State judicial panel said, “The Federal Government has recently mooted the idea that all the Judicial Panels of Inquiry set up by the various States across the Federation, especially that of Lagos State, are illegal. “It has never been part of our legal system in Nigeria, for a plaintiff who approached the court in the first instance, to turn around to challenge the legality or jurisdiction of the court. “The #EndSARS Panels were set up at the behest of the Federal Government, through the National Economic Council. In the case of the Lagos Panel, the federal government, through the Nigerian Army, voluntarily submitted itself to the jurisdiction of the Panel, the federal government called witnesses, it tendered documents and it made very lengthy presentations. “A party cannot approbate and reprobate at the same time. Thus, a party who initiated a process and willingly and actively participated in that process, cannot turn around, after judgment, to plead illegality or absence of jurisdiction, simply because the outcome is unfavourable. We must strengthen our institutions to make them work. “While we all await the White Paper from the Lagos State Government, it is important for the government to build trust in the people in all its dealings and utterances.”

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NIGERIAN TRIBUNE
18th November, 2021

#ENDSARS panel members now under attack, Adegboruwa cries out

Since the submission of the EndSARS Panel Report to the Governor of Lagos State on November 15, 2021, members of the panel have become the subject of vicious attacks by those suspected to be agents of the government. A member of the panel, Ebun-Olu Adegboruwa, SAN, made this known on Thursday in Lagos. He appealed to Governor Babajide Sanwo-Olu to “call all agents of state to order.” According to him, “All manner of allegations have been heaped upon panel members, some of whom have been called unprintable names.” The lawyer and activist said in a statement that no member of the panel lobbied to be appointed into the panel. “As a matter fact, in my own case, His Excellency, the Governor of Lagos State, appealed to me to accept my appointment, which I saw as a call to national service. “The primary reason the Governor gave to me then was that he wanted men and women of integrity, independent and not subject to manipulation, to be on the panel. “Just today, my attention has been drawn to an interview by a senior counsel to the Lagos State Government, to the effect that panel members collected bribes in the course of the assignment. “It is unfair, ungodly and least expected of the government and its lawyers. “The Lagos State Government asked for two weeks to enable it to release a White Paper on the report submitted to it by the Panel. “And we have been waiting, but it would seem that the Lagos State Government has now unleashed mindless propaganda upon panel members whilst at the same time asking for restraint from the general public. “I have in my custody, certified true copies of all proceedings of the panel and all exhibits tendered before the panel in respect of the Lekki Toll Gate Investigation. “I urge the government to call its agents and lawyers to order so as not to provoke aggravated responses. “It is unfair to seek to denigrate peoples’ hard-earned reputation on account only that they accepted to render selfless service at the behest of government. If the government and its agents are not restrained from attacking others, nothing stops us from defending our integrity. “I should not become a victim of unwarranted attack just because I accepted to serve the government and the outcome of that assignment did not favour the expectations of the government. Suffice it to mention that I worked with men and women of unblemished integrity and I’m proud to be associated with them all. “I therefore appeal to His Excellency the Governor of Lagos State to call all agents of state to order and to keep to his promise to us to release a White Paper within two weeks and to send the unedited report of the Panel, to the National Economic Council.”

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NIGERIAN TRIBUNE
15th November, 2021

I will not subscribe to cover-up of Lagos #EndSARS panel report ? Adegboruwa

As the Lagos State Judicial Panel on #EndSARS on Monday, November 15, 2021, submitted its report to the Lagos State Government, Lagos-based right activist and lawyer, Ebun-Olu Adegboruwa (SAN), has stated that he will not subscribe to anything that would amount to covering up the report of the panel, adding that the panel has done its work the best way that it could. Adegboruwa made this known in a release shortly after a brief handover ceremony at the Government House, Alausa, Ikeja, adding that Nigerians should demand justice against all culprits who have been named, in detail, in the report. He stated that he will keep observing the turn of events and at the appropriate time, he may be forced to state the full contents of the report if the promises made are not fulfilled, adding that “it is my view that Lagos State having appeared before the panel as a party, having tendered documents before the panel and led witnesses to take a position on the incident of the Lekki Toll Gate, it will be unfair and improper for Lagos State to be a judge in its own cause, by seeking to review the report of the panel. “However, the governor explained to me that this would only be done to enable the government implement the findings and recommendations of the panel and not to tamper with it or mutilate it. I believe His Excellency. I thank the government and people of Lagos State, fellow panel members, the Nigerian Bar Association, civil society, our comrades far and near, the media and all those who inspired and encouraged us on the path of truth and justice,” he stated. Adegboruwa explained that the panel affirmed the rights of the people of Nigeria to constitutionally guaranteed freedom of lawful assembly and peaceful protests, freedom of association and freedom of expression and made far-reaching recommendations concerning the major actors that were found culpable, in order to achieve true healing and reconciliation. “Although, I have my own copy of the report of the panel, I will trust His Excellency the governor of Lagos State to fulfill his promise to Nigerians to make the findings and recommendations of the panel public. That is the only way to build a true nation and avoid a repeat of the atrocious acts of security agencies against our people, especially the youths, the vulnerable and the helpless. “At the presentation ceremony today, the governor promised two things: to set up a four-man committee led by the Honourable Attorney-General to prepare a White Paper for the purpose of implementing the findings and recommendations expressed in the report and to give it legal backing; and to send the report to the National Economic Council for implementation,” he added. The panel was inaugurated on October 19, 2020, to look into complaints of citizens against human rights abuses by the police. Following the incident at the Lekki Toll Gate on October 20, 2020 and the panel sat for over one year, listening to testimonies of petitioners, their witnesses, experts and lawyers. The panel divided its assignment and report into two principal segments to cover general cases of police abuses and the special case of the Lekki Toll Gate incident and compensation was paid to deserving cases of police abuses while a special case was made for victims of the Lekki Toll Gate incident of October 20, 2020. According to Adegboruwa, the governor of Lagos State was true to his word and granted total independence to the panel and members worked according to their conscience and based upon our common convictions.

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NIGERIAN TRIBUNE
21st September, 2021

Odusolu vs OGHA: Adegboruwa issues cease and desist demand on OGHA

Lagos based activist and rights lawyer, Ebun-Olu Adegboruwa (SAN), has asked the Ogun State House of Assembly (OGHA), to cease and desist from further media trial on his client, Babajide Odusolu, a former Managing Director of the Ogun State Property Investment Corporation (OPIC), on criminal allegations that have not been proved before any competent court of law, in due deference to and respect for his fundamental rights guaranteed by law. He further requested on behalf of Odusolu, certified true copies of proceedings and report of the Public Accounts and Anti-Corruption Committee (PAAC) of the OGHA which were reportedly adopted by OGHA, the resolution adopted and the votes and proceedings of OGHA of September 17, 2021. Adegboruwa, who described his Odusolu as a legal practitioner of repute and an astute estate developer, said he carried out his duty as the Managing Director of Ogun State Property Investment Corporation and Special Adviser to the former Governor of Ogun State, Senator Ibikunle Amosun, excellently without any indictment howsoever. According to him, Odusolu was invited by OGHA around October 2020 through a letter, to appear at the sitting of the Public Accounts and Anti-Corruption Committee of OGHA to clarify some alleged irregularities in respect of the activities of the Ogun Property Investment Corporation (OPIC), adding that prior to the receipt of the letter, he never received any complaint, allegations, charges or queries in any manner in respect of his tenure as the Managing Director of OPIC. He added that his client dutifully attended the sitting of the PAAC only to be confronted with a hostile atmosphere, premeditated and calculated to embarrass him as frivolous, bogus and mendacious allegations of alleged misappropriation of funds of OPIC, amongst others, for which he had not been previously informed, were brandished by members of PAAC. Adegboruwa alleged that “Odusolu was heckled and badgered in a riotous manner, intimidated thoroughly and bullied by the apparently hostile legislative members of the said Committee, who appeared to be on a set sinister mission against him. To date, no formal allegations have been raised against our Client by PAAC or OGHA. He alleged that not long after the proceedings of PAAC on October 13, 2020, Odusolu was shocked with screaming headlines on social and traditional media of investigation of alleged sharp practices and related fraudulent activities said to have been perpetrated during his tenure as Managing Director of OPIC allegedly instigated by OGHA. “As you are well aware, the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) grants to our client and indeed every citizen of Nigeria the right to be presumed innocent of any criminal allegation until the contrary is proved in a competent court of law (certainly not PAAC/OGHA) following a proper trial, whereas OGHA, by its press release to several media houses, was conducting a media trial against our client in order to secure an undue advantage in the court of public opinion and to scandalize him, albeit unjustifiably. “From the foregoing, it is clear that the primary target of OGHA in the media trial of our Client whilst the purported investigation by its committee was still ongoing was to instigate the law enforcement agencies against him in order to secure the restraint of his liberty and his civil rights. “Till this moment, OGHA has not furnished our client with a copy of the report purportedly indicting him and also containing other far-reaching decisions against his civil rights and obligations, especially his reputation, liberty and freedom. In the determination of the civil rights and obligations of any citizen of Nigeria, including our client, he must be given a fair hearing, especially where allegations of crime and/or financial impropriety are made of and concerning him,” Adegboruwa said. He explained further that OPIC is a Statutory Corporation that is regularly audited by auditors independently recommended by the Auditor-General of the State and the accounting processes, policies and standards are predefined, adding that the allegation of missing fund is false in its entirety. “No money is missing, and a formal forensic audit will confirm that fact. OPIC is a statutory Corporation with legal personality, attempting to hold our client liable without any proven infractions directly attributable to him or obfuscating facts is unwarranted in the circumstances, it is a clear and brazen abuse of legislative privilege and by so doing, OGHA has done incalculable damage to our client’s reputation and by extension, de-marketing OPIC and Ogun State,” Adegboruwa claimed.

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NIGERIAN TRIBUNE
30th March, 2021

No third term agenda can succeed ? Adegboruwa

Lagos-based lawyer and activist, Ebun-Olu Adegboruwa (SAN) on Sunday stated that the burning of offices of the Independent National Electoral Commission (INEC) seems to be calculated at incapacitating INEC to conduct next general elections and had asked whether this development could possibly spell an extension of the president’s tenure if INEC is not able to successfully conduct the election. Adegboruwa stated that “we are a nation governed by law and the most important one is the constitution. The tenure of the current president cannot be extended by one second; whether Nigeria burns or rain or brimstones fall from heaven. As long as we are still operating this constitution, the tenure of this president is predictable, it’s determined, it’s statutory; nobody has any power to extend it. Even if the election does not hold, that will not lead to the extension of the tenure of the current president. The constitution is clear about what happens if the election does not hold.” According to him, there is no reason why the election should not hold in Nigeria because the situation in the South-East at present is not as bad as what obtained in the North-East in 2015 and elections held successfully then, adding that “it is possible to isolate particular zones and areas where there may be violence for election to hold in other areas where there is peace and when there is a return of peace, we can always go back to conduct elections in those places. “The time lag for transition is so elongated in the constitution that nobody can use that (South-East situation) to birth a third-term agenda for the current president. It will not work. Let INEC not sell that dummy to anybody. Whether there are fifth columnists within this regime that are being paid to go and orchestrate violence in the South-East by burning INEC offices and whether even INEC headquarters in Abuja is burnt down, this current regime will expire in 2023! “No Jupiter can extend that tenure! So, if anybody is doing that for the purpose of getting any illegal extension, they should better have a rethink because Nigerians will not accept it. We will not accept an extension of the tenure of this regime, we will not accept a military rule; we will not accept anything that will elongate this wickedness, suffering and violence! And it is not a new thing for us to demand that the tenure of this regime should end; if the president will not reward us with good governance, at least he can reward us with integrity by sticking to the oath that he took on the 29th of May 2019 when he was sworn in for the second term. “There is no provision for being sworn in for the third term, either by extension or failure to conduct the election. So, for me, Nigerians are ready; we are not blind people and we are not daft. Whatever is going on in the South-East, in terms of INEC offices, all these press conferences that the INEC chairman is holding and sending warnings, he is only warning himself; it doesn’t concern us as Nigerians. Whatever happens, this particular Muhammadu Buhari regime will come to an end in 2023. That idea (tenure extension) cannot hold water, nobody should sell it, nobody should dream about it, we will not accept it as a nation,” Adegboruwa stated.

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NIGERIAN TRIBUNE
20th March, 2021

Adegboruwa raises alarm on health of American lady in police detention

Lagos based human rights activist, Ebun-Olu Adegboruwa (SAN), has raised an alarm concerning the deteriorating health of one American woman identified as Kari Ann Rouke who is in police custody on the heels of the expectations that Kari Ann would be released from custody yesterday, March 19, 2021, upon the fulfilment of all her bail conditions and the acceptance of her surety. Adegboruwa in a press release stated that he is scared that something devastating may happen to Kari Ann if she is not released forthwith. It will be recalled that Kari Ann was arrested by the Lagos State Police Command in respect of the death of her friend that she met online and whom she left in good health at the time of her departure to the airport. An autopsy report into the death is said to have shown that he died of cardiac trauma and heart related conditions and that Kari Ann is not in any way connected with the death or suspected of any foul play in any manner whatsoever. According to Adegboruwa, “Kari Ann has been in police custody since March 9, 2021, at SCID, Panti, Yaba, where she has lost about 23 pounds and suffered bouts of malaria and dysentery. She has a delicate health condition of severe anaemia, for which she is due for comprehensive medical treatment in America. “On March 19, 2021, responsible sureties visited the SCID in Yaba, to sign all documents for the expected release of Kari Ann, with her lawyers, who all spent hours at the police department till late in the night, when they were later informed to go. Upon the execution and perfection of the bail papers, Kari Ann was told to pack her belongings which she did, only to be told later on to go back into custody. “It is on this basis that the eminent lawyer has appealed to the Lagos State Commissioner of Police, Mr. Hakeem Odumosu, to use his good offices to direct the immediate release of Kari Ann, so that she can attend to her health urgently. Her international passport has already been seized by the police and a reputable church has volunteered to accommodate Kari Ann in Nigeria until such a time that the police would be willing to allow her travel back to her home state in America,” he said. Adegboruwa said he is concerned that the police are keeping Kari Ann in perpetual custody for well over one month without any charge before any court of law. He stated further that in this period of the Coronavirus pandemic, it is not safe for any one of Kari Ann’s age with her underlying condition to be kept in police custody for an indefinite period of time. He, therefore, urged the police to respect the rule of law and the liberty and freedom of Kari Ann, as she is presumed innocent under the law.

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NIGERIAN TRIBUNE
5th February, 2021

IGP: Three more months for Adamu wrong —PDP, Adegboruwa, Ozekhome

PRESIDENT Muhammadu Buhari has extended the tenure of Mohammed Adamu as the Inspector-General of Police (IGP) for three months. Minister of Police Affairs, Mohammad Dingyadi, made the announcement during a briefing of State House correspondents on Thursday. He said the extension was necessary to give room for the proper selection of a successor. The announcement was, however, greeted with condemnation from the Peoples Democratic Party (PDP), Lagos-based lawyer and activist, Ebun-Olu Adegboruwa and a constitutional lawyer, Mike Ozekhome. While announcing the tenure extension, the minister said: “Mr President has decided that the present IGP, Mohammed Adamu, will continue to serve as the IG for the next three months, to allow for a robust and efficient process of appointing a new IG. “This is not unconnected to the desire of the president to not only have a smooth handover, but to also ensure that the right officer is appointed into that position. “The president is extending by three months to allow him get into the process of allowing a new one.” When asked to explain the lacuna as the announcement came days after Adamu was due to retire, the minister remarked: “There’s no lacuna. Mr President can decide to extend his tenure for three months.” On the reported appointment of a new IGP, Dingyadi pointed out that there was no such thing, adding that “It was one of those social media stories that one cannot control.” Adegboruwa, a Senior Advocate of Nigeria (SAN), however, declared the purported extension of the expired tenure of Adamu as the police boss as illegal and unconstitutional, adding that it defied the provisions of Section 215 (1)(a) of the 1999 Constitution. He said consequently, the Federal Republic of Nigeria presently has no IGP properly so recognised by law. According to Adegboruwa, the president’s action run foul of every provision of the constitution with regards to the appointment of the Inspector-General of Police, as the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service and he cannot be asked to continue in office beyond his mandatory tenure. He explained that the law, in the 1999 Constitution, provides that: “There shall be an Inspector-General of Police who, subject to Section 216(2) of this Constitution, shall be appointed by the president on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force. “Section 216(2): says before making any appointment to the office of the Inspector-General of Police or removing him from office, the President shall consult the Nigeria Police Council.” Paragraph 27 of Third Schedule to the 1999 Constitution: “The Nigeria Police Council shall comprise the following members: the President who shall be the chairman; the governor of each state of the federation; the chairman of the Police Service Commission and the Inspector-General of Police. “From all the above: when the tenure of a serving IGP expires on the grounds of completing the mandatory 35 years of service, he cannot be asked to continue in office beyond his mandatory tenure. An IGP who has served the mandatory years of service ceases to be a member of the Nigeria Police Force from the date of his completion of his service. “In this case, Mr Adamu ceased to be a member of the NPF from February 2, 2021. Under and by virtue of Section 215(1)(a) of the Constitution and Section 7(3) of the Police Act, 2020, only a serving member of the Nigeria Police Force can be appointed as IGP. Mr Adamu, having completed his mandatory years of service on February 2, 2021, cannot be appointed as IGP from outside the force. “The president lacks the power to reabsorb a retired police officer into the NPF through a purported tenure extension which is not contemplated by law. The president cannot appoint an IGP or extend the tenure of a retired IGP without the advice of the Nigeria Police Council, which in this case has not met to consider, let alone approve such tenure extension.” Corroborating him, Ozekhome, another SAN, noted that for now, Nigeria does not have a legal Inspector-General of Police backed up by the constitution. In an interview on Channels Television on Thursday, the constitutional lawyer described the position being occupied by the retiring IG as illegal. “In the eye of the law, we do not have an inspector-general of police because the IGP has retired by the effusion of time, statutorily and constitutionally,” he said. Ozekhome noted that the inspector-general will retire from office when he would have spent 35 years or attained the age of 65, adding that Adamu had served Nigeria for 35 years and ended his service period by the effusion of service time. He said the retired IGP had done his best in serving the nation, though he might not have been the best Nigerian IGP so far, adding that the president has no right to singlehandedly appoint or remove the inspector-general. He advised President Buhari to withdraw the appointment of Adamu, adding that the president should meet the police council and appoint one of the serving AIGs or conduct an examination for them with the best emerging. In a reaction to the tenure elongation, the Peoples Democratic Party (PDP) alleged that it is in tune with the tendency of the All Progressives Congress (APC) to violate the law. The PDP national publicity secretary, Kola Ologbondiyan, said the president is not a respecter of the constitution. He said: “This government has never respected our constitution. Buhari and the APC have no respect for the 1999 Constitution. A party and a government that have no respect for its own rules, that has no respect for its own constitution that it promised to obey, how can you expect them to respect the 1999 Constitution? They are laws unto themselves.”

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NIGERIAN TRIBUNE
4th February, 2021

Nigeria presently has no IGP properly recognized by law ? Adegboruwa

Lagos based lawyer and activist, Ebun-Olu Adegboruwa (SAN), on Thursday declared that the purported extension of the expired tenure of Mohammed Adamu as the Inspector-General of Police (IGP) by President Muhammadu Buhari, is illegal and unconstitutional as it defies the provisions of Section 215 (1)(a) of 1999 Constitution and consequently, the Federal Republic of Nigeria presently has no IGP properly so recognized by law. According to the legal practitioner, the president’s action runs afoul of every provision of the constitution in regards to the appointment of the Inspector General of Police as the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service and he cannot be asked to continue in office beyond his mandatory tenure. He explained that the law in the 1999 constitution provides that, “There shall be an Inspector-General of Police who, subject to Section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force.” “Section 216(2) says before making any appointment to the office of the Inspector-General of Police or removing him from office, the President shall consult the Nigeria Police Council.” Paragraph 27 of the Third Schedule to the 1999 Constitution: “27. The Nigeria Police Council shall comprise the following members: the President who shall be the Chairman; the Governor of each State of the Federation; the Chairman of the Police Service Commission; and the Inspector-General of Police.” “From all the above: when the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service, he cannot be asked to continue in office beyond his mandatory tenure. An IGP who has served the mandatory years of service ceases to be a member of the Nigeria Police Force from the date of the completion of his service. “In this case, Mr Adamu ceases to be a member of the NPF from February 2, 2021. Under and by virtue of section 215(1)(a) of the Constitution and Section 7(3) of the Police Act, 2020, only a serving member of the Nigeria Police Force can be appointed as IGP. Mr Adamu having completed his mandatory years of service on February 2, 2021, he cannot be appointed as IGP, from outside the force. “The President lacks the power to reabsorb a retired police officer back into the NPF through a purported tenure extension, which is not contemplated by law. The President cannot appoint an IGP or extend the tenure of a retired IGP without the advice of the Nigeria Police Council, which in this case has not met to consider, let alone approve such tenure extension,” he concluded.

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NIGERIAN TRIBUNE
19th July, 2020

Adegboruwa demands independent probe into Arotile’s death

Lagos based rights activist and legal practitioner, Ebun-Olu Adegboruwa (SAN), has demanded that there should be a clear and independent probe into the sudden death of Tolulope Arotile, which pushed the nation into national mourning amidst the COVID-19 pandemic, adding that an independent probe is necessary for the light emerging revelations. According to him, it is a tragic, painful and gruesome death and inconsistent stories emerging from the Nigerian Air Force has not helped to douse the suspicions, adding that there is no need for a rushed burial. He stated that: “The least we expect is a proper investigation, followed with a Coroner’s Inquest, including an independent autopsy report. There is no point in rushing to bury her in the light emerging revelations.” Adegboruwa said certain questions must clearly be answered before the burial can take place and asked that answers be supplied to 10 major questions. “Who drove the car? Where did the accident happen? Where was Arotile going to? A reversing car means it had passed her, so was she trekking? “Was she blindfolded not to see the reversing car to escape? Were her legs tied? What kind of medical treatment did she receive? In which hospital was she treated? Who called her out from her rest after successful air combat on bandits and why are there inconsistent statements from the Nigerian Air Force, being released in bits and pieces? Adegboruwa queried. He added that there are many more questions and urged the President to direct a full investigation into Arotile’s death and suspend the burial plans until the conclusion of the investigations.

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NIGERIAN TRIBUNE
14th May, 2020

Adegboruwa condemns refusal to admit inmates into custody, asks Aregbesola to intervene

Lagos based lawyer, Ebun-Olu Adegboruwa (SAN), on Thursday condemned the authority of the Nigerian Correctional Service for refusing to admit new defendants into the Custodial Centres, as part of precautions against the spread of coronavirus. It would be recalled that in order to curb the spread of Covid-19 among inmates in custodial centres, the management of the correctional service had said they will not allow new inmates into the centres so as not to expose the inmates to the risk of infection considering the inability to maintain social distancing in the centres. However, Adegboruwa has condemned the order given by the Comptroller-General of the Correctional Centres, to his officers not to admit new defendants into the Correctional Centres, adding that this decision has very grave implications for the rule of law and the administration of justice in Nigeria. According to him, reports across the country that defendants who are arraigned in court for very serious capital offences are being denied admission into custody at the Correctional Centres, in compliance with the executive order is in violation of the order of various courts for their remand, pending trial. “The order of the court for the remand of a defendant awaiting trial is made in the exercise of the judicial powers conferred upon the court by the constitution, especially section 6 (6)(b) thereof. It, therefore, amounts to contempt of court for any person, however highly placed, to refuse to obey the order of a court of law. “Under and by virtue of section 287 of the constitution, all persons in Nigeria, exercising legislative, judicial and executive powers, are obliged to ensure compliance with the order of all courts. To that extent, it is illegal and unconstitutional for the CGCC, to direct officers under him to willfully disobey lawful orders made by any court. The dangers that the illegal order of the CGCC pose to the due administration of justice are many; likelihood of escape by defendants who have capital offences to deal with, tampering with witnesses and also compromising evidence. Where does the CCGC expect the courts to keep persons who are newly sentenced and convicted, for instance?” Adegboruwa asked. He further claimed that the CGCC cannot rely on the Correctional Services Act to exercise powers in conflict with the authority of a court of law duly established under the Constitution. It is an aberration that should not be allowed to fester. “I, therefore, call upon the Honourable Minister of Interior, Ogbeni Rauf Aregbesola, to direct the CGCC to ensure compliance with all orders of the court in respect of defendants awaiting trial and those already convicted by the court. Covid-19 should not be an excuse to disobey court orders,” he concluded.

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NIGERIAN TRIBUNE
9th April, 2020

Please forgive Funke Akindele, others, Adegboruwa begs Sanwoolu

Lagos based Senior Advocate of Nigeria and rights activist, Ebun-Olu Adegboruwa, has appealed to the Governor of Lagos State, Mr Babajide Sanwoolu, to grant state pardon to popular Nollywood actress, Funke Akindele and others found culpable of breaking the isolation law. Adegboruwa made the plea while speaking with journalists in court today at Ogba, after the proceedings that terminated the charges brought against Mr Babatunde Gbadamosi and Azeez Fashola (Naira Marley). The human rights activist stated that since the state emphasised in court that it was not out to persecute citizens, Akindele should be granted reprieve especially as she had demonstrated remorse for her conduct. According to him, since the Federal Government is granting amnesty to 2,600 prisoners, the governor should emulate this good gesture and show fatherly love to the Akindeles and all those arrested for jogging on the streets, as they could not have all set out deliberately to disobey the COVID-19 Regulation. Adegboruwa explained further that “since we are facing a novel situation at hand, the government should show some magnanimity to its citizens, as is being done all over the world. Nigerians have never been locked down for this long, without food or money and it is not proper to add to their woes with arrest and prosecution.” He commended the steps so far taken by the government and urged all Nigerians to continue to cooperate with the government to end the scourge.

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NIGERIAN TRIBUNE
2nd April, 2020

COVID-19: Adegboruwa appeals to Buhari to lift lockdown Lagos, Abuja

Lagos based legal practitioner and rights activist, Ebun-Olu Adegboruwa (SAN), on Thursday, appealed to President Muhammadu Buhari to lift the lockdown of Lagos and the Federal Capital Territory, and allow the governor and minister of the affected areas to determine the scope of measures to be taken in preventing further spread, adding that Abuja being the capital of Nigeria and Lagos being the commercial nerve centre, cannot remain under lockdown beyond one week. Adegboruwa who made this known in a statement further commended the president for the love demonstrated for the well-being of the people and urged him to end the lockdown from Friday, April 3, 2020. According to him, since the president directed the lockdown of Lagos, Ogun States and Abuja on March 29, 2020, everything became paralysed from March 30, 2020, as movements of persons were restricted, except those on essential services. He added that “the concomitant effect of this has been very catastrophic indeed, especially for daily wage earners. “No doubt the President meant and acted well, though a bit late, but it is not in doubt that the action of the President was the best in the circumstances of our present realities, even though it had no legal backing. “Having now reviewed the situation of the COVID-19 pandemic as it affects Nigeria, it is clear that Lagos State has saved the nation of this calamity through its proactive measures, which have now been adopted by most other States. In this regard, I commend Governor Babajide Sanwoolu and in particular Prof Akin Abayomi, the Commissioner for Health, for their gallant efforts towards arresting the spread of the pandemic,” Adegboruwa said. He explained further that since the President announced the lockdown, there have been different interpretations and implementations, leading to abuses by security agents. “The economic hardship being faced by the people is horrendous and the so-called cash distribution has no real value to the people. As Lagos State has now declared 100 per cent recovery rate, and it is the most affected State, there is need to review the lockdown, to ease the burden of the people,” he said. He concluded that the measures already put in place by Governor Sanwo-Olu before the lockdown was effective enough to combat the spread and they should be retained, but without the restriction of movement, adding that banks and markets should open and people should be allowed to move around, to eke out a living for themselves.

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NIGERIAN TRIBUNE
31st March, 2020

1926 Quarantine Act cannot legalise restriction of movement ? Adegboruwa

Lagos-based activist and legal practitioner, Ebun-Olu Adegboruwa (SAN), on Tuesday, stated that the Quarantine Act, on which President Muhammadu Buhari based his order to restrict movements, has no provision for the restriction of the movement of any citizen as a fundamental right expressly granted by the constitution cannot be taken away by assumption, inference or deductions. Adegboruwa, who made this assertion in response to the statement of the Attorney-General of the Federation, Abubakar Malami (SAN) and the Special Adviser to the President on Media and Publicity, Mr Femi Adesina, said Section 41 (1) of the 1999 Constitution expressly dictates freedom of movement to all citizens and it cannot be taken away by way of executive proclamations or regulations, as an executive regulation cannot in law take away a fundamental right granted by the constitution. According to him, the Quarantine Act of 1926, as its name and provisions connote, is meant for the isolation, care and treatment of victims of infectious diseases for the purpose of isolating them away from interacting with other members of the public, generally. He explained that a law enacted for the benefit of those not infected by any disease cannot and should not be twisted to restrain them, adding that, “for the president to be entitled to make any regulation under Sections 4 and 8 of the Quarantine Act, he must have complied with the conditions precedent laid down in Sections 2 and 3 of the said Act.” Adegboruwa said for the Act to be relevant, the president must first make a declaration of an infectious disease, by a notice duly published in the Official Gazette, stating such to be an infectious disease within the meaning of the Quarantine Act, adding that “the president must also make another declaration, by notice in the Official Gazette, stating the particular place affected as an Infected Local Area and such must be a well-defined area, such as a local government, a town or a community, and not just a blanket tag. “This has not been done. How then do we lockdown citizens and detain them forcefully for two weeks, in one single spot, without any charge or offence alleged against them? The only regulation so far made under the Quarantine Act is the Quarantine (Ships) Regulations of December 4, 1968, containing 28 sections and 8 Schedules. There is no single provision therein, restricting the movement of persons. “This is because the practice of quarantine has nothing to do with restricting movement of persons but rather to isolate those carrying infectious diseases. So, even under the Quarantine Act, the President has acted illegally. The President cannot by mere executive regulation, take away the freedom of movement, expressly granted under the Constitution. In any event, the regulations anticipated under sections 4 and 8 of the Quarantine Act are limited to those infected with infectious diseases for the purpose of their quarantine,” he said. He explained further that there is nowhere in Sections 4 or 8 of the Quarantine Act that it is stated or anticipated that the president or governor could make regulations for the restriction of movement of persons on account of infectious diseases, against persons not so infected. “Regulations in relation to quarantine are always limited to the infected persons. Laws purporting to infringe upon or derogate from the fundamental rights of citizens must be express, explicit, unambiguous and not subject to personal considerations and permutations, to prevent abuse. The Quarantine Act does not contain any provision expressly authorising the restriction of movement of citizens and such power must not and cannot be assumed by the president. “We cannot take away the fundamental rights of citizens through executive proclamations made on the altar of some exigency or self-induced necessity, as the president had enough time since COVID-19 broke out, to have taken all reasonable steps within the law, to address it,” he said. Adegboruwa concluded that he is not opposed to the steps taken by the president and some governors to address the COVID-19 pandemic, adding that, “I align myself totally with these measures for the safeguard of citizens; however, my primary concern is not to resort to a violation of the constitution under the guise of exigency, as that could well be a dangerous signal for perpetrating illegality, even in the time of peace.”

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NIGERIAN TRIBUNE
14th February, 2020

Supreme Court: Swear in PDP’s candidate immediately, Adegboruwa tells Bayelsa CJ

Human rights lawyer, Ebun-olu Adegboruwa, SAN, has advised the Chief Judge of Bayelsa State, to, without delay, swear in the candidate of the People’s Democratic Party (PDP), Diri Duoye, after the Supreme Court nullified the electoral victory of the All Progressives Party (APC) governor-elect, David Lyon, in a unanimous judgement, on Thursday. Adegboruwa, in a release on Friday, said, “By the terms of the Supreme Court judgment, the two candidates sponsored for the Bayelsa Governorship election became disqualified. By implication, Adegboruwa said, “The total lawful votes for the Bayelsa Governorship Election prior to the Surpeme Court judgment was 499,551, out of which APC had 353,552, which has now been voided by the Supreme Court. Hence, he said this left total lawful votes cast to be 145,999, from which INEC is to calculate the 25% spread, and since PDP had 143,172, he said it clearly meets 25% of the lawful votes of 145,999. Consequently, Adegboruwa said, by virtue of section 287(1) of the 1999 Constitution, the Independent National Electoral Commission (INEC) “should immediately issue certificate of return to the PDP candidate, without further ado.” He also admonished the Chief Judge of Bayelsa State to proceed and swear in the PDP candidate immediately. His statement reads: “By the terms of the Supreme Court judgment of 13/2/2020, the two candidates sponsored for the Bayelsa Governorship election became disqualified. “The Surpeme Court treated them as if they were never candidates in the election, they should not have been part of the election ab initio. “The disqualification of the APC candidates by the court automatically voids whatever result APC polled in the election. This, all the votes cast for the APC candidate automatically become voided by reason of the Supreme Court decision and cannot be added to total valid votes. “The total lawful votes for the Bayelsa Governorship Election prior to the Surpeme Court judgment was 499,551, out of which APC had 353,552, which has now been voided by the Supreme Court, leaving total lawful votes cast to be 145,999, from which INEC is to calculate the 25% spread. PDP has 143,172, which clearly meets 25% of the lawful votes of 145,999. “INEC is not to calculate 25% of voided votes which in the eye of the law are null and do not exist. “By virtue of section 287(1) of the 1999 Constitution, INEC should immediately issue certificate of return to the PDP candidate, without further ado. “The Chief Judge of Bayelsa State should proceed to swear in the PDP candidate immediately. “Anyone dissatisfied with the decision of the Surpeme court should follow due process of law.”

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NIGERIA TRIBUNE
9th February, 2020

INEC has no power to de-register political parties —Adegboruwa

THE Independent National Electoral Commission (INEC) has stirred up a controversy with the deregistration of 74 political parties. Some have questioned the power INEC relies upon to take that decision. As a senior lawyer, what do you make of the decision? I believe that the constitution grants an express right to freedom of association and assembly. That freedom is the one that gives INEC the power to register political parties. To de-register political parties for the reasons that they did not win any election is a misconception of the freedom of association. The freedom of association is for the protection of the interest of members of the political parties. That interest can be against gender discrimination, it can be against environmental pollution or any other interest. A political party does not need to contest election. Indeed in the United States, there are several other political parties apart from the Democratic Party and the Republican Party that do not win elections and are not so known at all and then there are also independent candidates as well. I think it is a misconception of law for INEC to insist that political parties that have not won elections should be de-registered. There is no such power conferred on INEC. This has been tested up to the Supreme Court when the electoral commission claims to de-register the political party of Alhaji Balarabe Musa. Chief Gani Fawehinmi took the case to the Federal High Court and pursued it up to the Supreme Court which declared clearly that INEC does not possess the power to de-register parties. I am aware that the National Assembly has amended the Electoral Act purporting to confer power on INEC to audit parties that did not win election and to cease to give them recognition. From my own little knowledge of law, the Electoral Act is inferior to the constitution. If the provisions of the Electoral Act are inconsistent with the constitution, the latter has supremacy over the former and any other law that is inconsistent will be null and void to the extent of that inconsistency. So to that extent, INEC can’t rely on the Electoral Act to supplant the constitution to de-register parties. I urge all the political parties that have been de-registered to go to court and challenge that decision and relying on the case of Musa versus INEC, I am sure they will get victory. The argument from INEC has always been that the number of parties is unwieldy and poses logistic challenges to the commission while conducting an election. For instance, some ballot papers are so long because INEC has to put the logos of all the parties participating in an election in an area. You will recall that INEC has had to postpone national elections twice between 2011 and 2019. Don’t you see some merit in this argument? That argument is indeed an indictment on INEC because the power to register political parties is at the discretion of INEC. It is INEC that was colluding with politicians to be registering portfolio political parties. There are still so many political parties that are in the cooler which politicians in the major parties, when they have fallen out with their godfathers, will just go and bring out certificates of registration that INEC has issued to them for those parties. So, it was INEC that caused this problem in collusion with the politicians. So, the blame should go back to INEC for registering mushroom and portfolio parties, parties that have no viable means of organisation. Once you have registered them, you can’t de-register. INEC should wield the stick when auditing the application for registration as a party. The logistic problem is actually created by INEC and it is done deliberately in collusion with politicians who always go back to the portfolio parties to be able to spring a surprise against a major party. So, it is INEC’s problem and it can’t blame anybody but itself. But why would INEC fail to register a party if the promoters of such party meet all the criteria for registration? The constitution clearly states that registration is discretionary and INEC is having a misunderstanding of its power under the law. The area INEC has discretion is in registration of parties and once it has registered parties, it has no discretion to de-register them. So, the misconception is as to the power of INEC. Even if a group of people applying to be registered as a party have offices in all the states of the federation, it is still within the discretion of INEC whether to register them or not. The creation of 98 political parties or thereabout is purely a matter of wrongful exercise of discretion on the part of INEC. It is a misconception for INEC to think that once a people meet the criteria for registration a s a party, registration is automatic. The law does not grant automatic registration. It gives discretion to register and once that registration has taken place, then there is no discretion to de-register. What advice would you give INEC on how to tidy up the electoral process to overcome logistic challenge and how you think necessary legal framework will assist the commission to enhance the delivery of credible elections to Nigerians? If INEC wants to sanitise the electoral space, it should begin to exercise its discretion to register parties judicially and judiciously. All this arbitrary registration to satisfy political interest should cease. Secondly, if INEC thinks that the existing parties are too unwieldy, it can lobby the National Assembly to amend the constitution to confer power on it to de-register parties. In the alternative, it can approach the court to seek an order to strike out the names of political parties from its register and give reasons for so doing. These are the options available to INEC. But until the constitution is changed or there is a court order de-registering a political party, it can’t be done administratively from the office of INEC. It is too much power in the hands of the chairman of an electoral body to annul an association or to cancel the right of freedom of association which is granted constitutionally. One of the legal instruments that can greatly assist INEC to do a good job is the Electoral Act. In the build up to the last elections, signing the amended version of that law became a political issue between President Muhammadu Buhari and the leadership of the eight National Assembly, with the former refusing to assent the document on three occasions. Would you advise that the current National Assembly begin the process of re-engineering the act now? With due respect, I believe President Buhari is playing politics with the sanitisation of the political space. He has repeatedly been telling us he wants to leave a legacy of a sane electoral system. It has been a matter of speaking, but not acting. This is because it was immediately after he made this comment of ensuring sanity in the electoral system that the opportunity confronted him in Bayelsa and Kogi states. Wehave never seen in the electoral history of the country where INEC is laying claim to having fake policemen in areas where people were shot in the states where ballot boxes were snatched and electoral materials were destroyed. I don’t think it was a problem of the National Assembly. It was deliberate that the president did not sign the new Electoral Act in order to give his supporters the opportunity to continue to perpetrate thuggery and violence and in order to remove electronic voting and the compulsory use of card readers and other electronic gadgets from the electoral process. As long as we continue this manual registration, people will continue to manipulate the system. It is almost a year after the 2019 elections now, the president has not done anything about it. If he does not like the bill passed by the National Assembly, there is a provision for executive bill which can be introduced by the president of the executive arm itself to show commitment to the sanitisation of the electoral system. The president himself has benefitted from the thuggery, violence and manipulation that characterise the process and he is unwilling to change that system. It is not the fault of the eight National Assembly. What advice would you give the current National Assembly? This National Assembly is a lame duck. It has no will of its own. The National Assembly is like a relationship of teacher and principal. If the National Assembly summons members of the executive and they don’t report and the Speaker said he would go and report to the president and can’t exercise his power under the law to issue bench warrant, what do you make of such? The current National Assembly is a rubber stamp and an extension of the office of the president. They can’t initiate an amendment to the Electoral Act because they have seen the body language of the president that he is not genuinely committed to any electoral reform. So, I don’t expect them to initiate any process for the amendment of the Electoral Act because they know that the president does not want that to happen. But they might be interested in doing so, realising that the president’s name won’t be on the ballot after serving out his constitutionally limited two terms of office. It is too early to say that President Buhari’s name will not be on the ballot in 2023 Why did you say that? This is because we have just started. There are insinuations of a third term agenda and we can’t rule it out at all given all that we are witnessing in the country now. Attempt to silence the opposition, the hate speech bill, the social media regulation bill, everything is pointing towards a civilian dictatorship, a regime that wants to impose its will on the people. If you have no hidden agenda, then you should not be afraid to allow people to speak or X-ray government policies and be able to subject them to critical examination. So, when a person is asking people not to talk, he is doing something that he is not proud of. I believe there is a hidden agenda. It may be a third term. It may be a dictatorship or to impose a surrogate as successor.

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NIGERIAN TRIBUNE
5th February, 2020

Okada, tricycle restrictions: Security outweighs convenience ? Adegboruwa

Lagos based human rights activist and lawyer, Ebun-Olu Adegboruwa (SAN), on Wednesday gave support to the ban on Okada operations in some areas of Lagos by the government and also asked that alternatives be provided to ease the burden of commuters because of the traffic gridlock that has recently engulfed the state. Adegboruwa in a statement said that the partial restriction has advantages based on issues of security and environmental hazards, adding that security of life is surely more important than the temporary inconvenience that may attend the restrictions. ALSO READ: Think out of the box to tackle security challenges ? Gbajabiamila tasks Service Chiefs According to him, “the Lagos State Government recently announced the enforcement of the extant Traffic Law of the State, which has restricted the use of motorcycles and tricycles in certain parts of the state. Whereas I support the partial restriction in some areas of the State especially the highways and urban areas, it is important that sufficient alternatives are provided to ease the burden of commuters, given the traffic gridlock that has recently engulfed the state. “Reports of robbery, violence, accidents and other social vices associated with motorcycles especially, cannot be ignored. The environmental impact of motorcycle and tricycles also lend credence to the restriction. I, therefore, urge the government to provide viable and durable alternative means of transport so as to alleviate the burdens of the people that may be a consequence of the partial restriction. “The security of life is surely more important than the temporary inconvenience that may attend the restrictions. I, therefore, urge that the restrictions be maintained and viable alternative means of transport should be provided to alleviate the sufferings of commuters,” Adegboruwa said.

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NIGERIAN TRIBUNE
8th October, 2019

Nigeria needs absolute press freedom to grow ? Adegboruwa

Lagos based lawyer and human rights activist, Mr. Ebun-olu Adegboruwa (SAN), has stated that absolute press freedom is highly desirable for Nigeria to achieve the desired growth, adding that there are sufficient laws to restrain the careless use of the social media at every point in time and as such the fears by the ruling elite of the consequences of a truly free press is misplaced. Adegboruwa made this known on Tuesday while delivering a paper at the 2019 annual lecture of the National Association of Judicial Correspondents (NAJUC), Lagos branch, explaining that the concept of press freedom is well entrenched in the laws of Nigeria while the Nigerian Constitution apart from imposing a duty on the media to hold government accountable to the people has also made provision for the freedom and right of the press to carry out the onerous task in aid of nation building. According to him, the press occupies a pivotal role in every society, as it represents the conscience and values of a people and more importantly, it is a veritable link of information exchange between the people and their government. He asked the government to develop the political will to providing structures and policies towards promoting the use of abundant existing legislation to protect the right of citizens to press freedom. “It is pertinent to note that the issue of press freedom in Nigeria is of great importance, as one would observe from Section 39 of the constitution that it falls within the realm of fundamental rights codified in Chapter IV of the Constitution. The import of this is that press freedom is an inalienable right that no government can derogate from or deny her citizens. “The advent of the new social media has aided Nigerians like all other citizens of the world, in giving full expression to the constitutionally guaranteed right to freedom of expression and right to hold and disseminate opinion on any matter. The advent of twitter, facebook, Instagram and others in that category has empowered Nigerians especially young people to either expose various forms of malfeasance prevalent in society or to mobilize for causes which they believe can better their lives. “It is conceded that there are the challenges of fake news, hate speeches, defamation and other vices associated with the use of social media. However, is that enough justification to further regulate the already regulated use of social media through the enactment of regulations, which sometimes violate constitutional provisions? There exist abundant laws already put in place which are sufficient to curb any fear that government officials and other good meanings Nigerians may have,” Adegboruwa stated. ALSO READ: 700 to benefit from Ajuloopin free eyecare initiative in Kwara Also speaking at the event, Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN), represented at the event by Dr. Jide Martins, assured of government’s resolve to ensure the thriving of press freedom, adding that the state must act in a robust manner to ensure that press freedom is not abused and used to advance constructive criticism. “It is pivotal that all citizens exercise and enjoy their right to freedom of expression, press freedom, and association within the parameters of the law and other citizens’ rights are not breached. Some of the advantages of social media are also some of its banes. The fact that people can assume a false identity and disseminate information that can potentially cause offence, harms, and breach of national security is of great concern,” he said. In his opening remarks, the chairman of NAJUC, Mr. Peter Fowoyo, said the press must be free all encumbrances in order to discharge its duty effectively to members of the public. He called on the Nigerian Union of Journalist (NUJ), the Nigerian Guilds of Editors (NGE) and the Nigerian Press Council (NPC) to recognize the impact of beat associations and see them as partners in progress. “We are in consternation as to why an informed union such as the NUJ, without a valid court order and the moral right, proscribed beat associations as guaranteed under our laws,” he said. Awards were presented to some individuals in recognition of their contributions. Awardees include Chief Emeka Okpoko (SAN), who received the Litigation and Dispute Resolution Team of the Year 2019; Mr. Ebun-olu Adegboruwa (SAN), who received the best human right lawyer 2019; Mr. Rotimi Oyedepo, who received the best financial crime prosecutor of 2019 and Mr. Kayode Oyekanmi, who received the best public sector officer of 2019.

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NIGERIAN TRIBUNE
6th October, 2019

Lagos Attorney-General, Adegboruwa to deliver lectures at NAJUC annual seminar

The Attorney-General of Lagos State, Mr. Moyosore Onigbanjo (SAN) and Lagos based Human Right Activist, Ebun-Olu Adegboruwa (SAN), have been announced as part of legal luminaries billed to deliver lectures at this year’s annual lecture organised by the National Association of Judicial Correspondents (NAJUC), Lagos Branch. The annual lecture with the theme: “Press freedom in the new social media age; implications and the laws”, will hold at the Muson Centre, Onikan, Lagos, on Tuesday, October 8, 2019 by 10 a.m. A statement issued and signed on Sunday by the Chairman of NAJUC, Peter Fowoyo, stated that the lecture is expected to review some of the serious challenges that hinder press freedom in a democratic society such as ours. “Press freedom is and must be guaranteed under our laws and it is until when the press is totally free that we can have sufficient peace, stability and progress culminating into an industrial revolution. “The new social media has come to stay, yet, media practitioners/ or journalists are not taking full advantage of it leaving the space for non-professionals not just spreading fake news but, reaping heavily from it,” he said. ALSO READ: IGR to drive our 2020 budget, says Anambra govt The program is to be chaired by former Pro-Chancellor, Ladoke Akintola University of Technology (LAUTECH), Ogbomosho, Oyo State, Chief Bolaji Ayorinde (SAN), while the Royal father of the day is, His Royal Majesty, Oba Abdul- Fatai Aromire, the Ojora of Ijoraland. Popular Lagos based journalist, Mr. Lekan Otunfodunrin, founder of Centre for Law and Civil Culture, Mr. Abdulganeey Imran and a Lagos based legal practitioner, Mr. Bolanle Olugbani, will be the discussants at the programme. Other activities to commemorate the annual event includes the commissioning of the refurbished Press Centre at the Court of Appeal, Lagos Divison, Igbosere, Lagos, award ceremony on individuals who have distinguished themselves in the sphere of their endeavours; launching of NAJUC Lagos Branch website and free medical services for members of the association.

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NIGERIAN TRIBUNE
5th July, 2019

LPPC elevates Adegboruwa, Apata, Malik, Rhodes-Vivour, 34 others to SAN rank

The Solicitor-General of the Federation (SGF) and Permanent Secretary, in the Federal Ministry of Justice, Mr Adedayo Apata, Mr Ebun-Olu Adegboruwa, Mr Aikhunegbe Malik Mrs Adedoyin Rhodes-Vivour, who is the wife of a Justice of the Supreme Court, Justice Olabode Rhodes-Vivour and 34 others have been elevated to the rank of Senior Advocate of Nigeria (SAN). Other beneficiaries of the SAN title as announced by the Chief Registrar of Supreme Court, Hadizatu Mustapha, who doubles as the secretary of the Legal Practitioners’ Privileges Committee include, Abdullahi Haruna, Manga Nuruddeen, John Asoluka and Adedokun Makinde, Mustapha said, out of the 117 lawyers that applied for the title, 38 of them succeeded and we’re elevated by the LPPC at the committee’s 138th plenary session held on Thursday. The successful candidates according to her, will be sworn in at the ceremony marking the upcoming new 2019/2020 legal year of the apex court which will hold in September. ALSO READ: PDP slams Gbajabiamila over alleged threats on Hon Chinda Others include, Daniel Enwelum, Emmanuel Oyebanji, Tuduru Ede, Abdul Ajana, Ama Etuwewe, Oladipo Olasope, Leslie Olutayo Nylander, Olusegun Fowowe and Andrew Hutton. They also include, Olukayode Enitan, Paul Ogbole, Olaniyi Olopade, Samuel Agweh, Olusegun Jolaawo, Prof. Alphonsus Alubo, Ayo Asala, Abiodun Olatunji, Olumide Aju, Chimezie Ihekweazu, Prof. Mamman Lawan, Prof. Uchefula Chukwumaeze, Usman Sule, Safiya Badamasi, and Echezona Etiaba. The rest are Godwin Omoaka, Emeka Ozoani, Alexander Ejesieme, Jephthah Njikonye, Alhassan Umar and Oyetola Muyiwa. While announcing the list on Friday, the Supreme Court’s Chief Registrar said four of the 117 applicants were female, among whom two were successful. Of the 38 successful candidates, three of them are of the academics category while the rest of them are of advocacy. Mustapha said, “The rank (SAN), is awarded as a mark of excellence to members of the legal profession who have distinguished themselves as advocates and academics. “The swearing-in ceremony of the 38 legal practitioners will take place during the 2019/2020 new legal year of the Supreme Court scheduled for September 2019.”.

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NIGERIAN TRIBUNE
27th February, 2019

2019 elections: INEC can do better ? Adegboruwa

LAGOS based human right activist and lawyer, Ebun-Olu Adegboruwa, Esq., on Wednesday stated that the Independent National Electoral Commission (INEC) has a big burden on its hands to tame the antics of politicians and their desperation, especially the dominant political parties, adding that the crude quest for power across the divide is simply sickening. Adegboruwa, who made this known in a statement, explained that it may be too early to comment on the February 23 elections in view of the pending governorship and House of Assembly elections slated for March 9, said that nonetheless, INEC must rise to the occasion to leverage on this past exercise to improve on the coming ones. ALSO READ: Observers rate Sokoto elections free, fair “An appeal must also be made to all concerned to embrace a due process of law in all actions connected with the elections. INEC having declared winners for the elections no matter the merits or otherwise, the options available should be exhausted through due process of law. We have no choice than that noble option, in the interest of our dear nation. “If we can conduct the March 9 elections without shedding the blood of any Nigerian, then we would have fulfilled the lofty expectations of our heroes past. In this regard, INEC must demonstrate apparent transparency and impartiality, in the entire electoral process, so as to command and sustain the confidence of voters and to ensure that their votes count, in the determination of the winner or loser, eventually. “That is when INEC can truly earn its name “independent”. There must be no room for any person, candidate or political party, to influence the outcome of any election, one way or the other,” he concluded.

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NIGERIAN TRIBUNE
16th December, 2018

Restructuring not calling for division of Nigeria, but… —Adegboruwa

FOR quite some time, the issue of restructuring has dominated discussions in the body politic, with presidential candidates, ethnic groups and key individuals making it the issue ahead of the 2019 general election. The issue, however, is that the subject has become commonly discussed that people are beginning to lose the meaning and import of the word. What do you really think this restructuring entails? When you look at the word itself, it is a combination of two words; re and structure. When you say ‘re,’ it means taking something back; to return or reverse and that would suggest that there was a location that something was before and you want it back at that location. Structure means some kind of platform or entity. PDP instigated ASUU strike, NLC, oil marketers’ agitation to cause confusion —APC The idea of restructuring is, therefore, that Nigeria as a structure was in a particular state immediately after independence. We started with the British rule and our leaders then, Herbert Macauley, Nnamdi Azikiwe, Tafawa Balewa, Obafemi Awolowo, Anthony Enahoro, everybody said ‘look, we need our own independent structure. We cannot continue under British rule forever.’ Then, that structure went the way of having the regions; the British then organised constitutional conferences in London where submissions were made. So, as early as 1953, it had become clear to the British that the Western Region of Nigeria, for instance, was ready for independence. At that time, British citizens and officers were controlling all aspects of public life; education, civil service, judiciary and so on, all sectors were manned by British administrative officers. But because of education, the Western Region was ahead of other regions, because a lot of its citizens had become educated. So many Yoruba people were already well-endowed with knowledge in the various aspects of public life that the British were controlling. This was what led to the agitation that the region was ready. Even the Eastern Region had also achieved a similar level of education and they also were ready for independence. But the Northern Region, clearly, at that time, did not have enough citizens who were educated enough to take over from the British. So, it stated clearly in the last constitutional conference that it was not ready for independence but conceded that the Western and Eastern Regions should be allowed to go their ways. That was exactly what happened, such that by 1955/56, it was clear that the Western Region was ready. You will recall that by 1959, Chief Awolowo pioneered the establishment of television broadcasting in Nigeria, the Western Nigeria Broadcasting Corporation. Apart from this; the region already had enough people such as Justice Ibitoye and others who took over the control from the British administrators. So, by 1959 when the North became ready, the British had already handed over the structure to the Western and Eastern Regions and they had established their own structure and government. These regions were already sponsoring themselves, using their resources such as cocoa and palm oil. This was how things were when we got independence in 1960. By then, the Western Region was almost like a nation on its own. The independence came and the majority agreed that the late Abubakar Tafawa Balewa should take over as prime minister. But in the 1960 constitution, power was in the hands of the regions; the control of the economy was in the hands of the regions, you planned and lived based on what you have. However, the Northern people, seeing the way the Western Region was going in terms of development- I am sorry to say this- but in the way the empowerment of people in the regions was going, the North was far behind. It saw that at that rate, it would never have caught up, especially with the Western Region, so they discovered the idea of joining the military and began to put their people in the military. The region then, in collusion with the British people, used military rule to take over power and cancel the advancement of the regions. They nullified the idea of federal system, installed a unitary system that centralised every other thing. For instance, as I said earlier, the Western Region before independence, had advanced greatly in broadcasting but when the military came, it cannibalised that system and replaced it with the Nigerian Broadcasting Service. It brought in the Nigerian Television Authority, acquired all the broadcasting and advertising rights and went back to the system that operated during the British rule where administration of these things was centralised. This was done so that the Western and Eastern Regions would be slowed down in order for the North to have time to begin to educate their people. This was the secret of what happened to Nigeria. Before Nigerians knew it, the military brought something it called Exclusive Legislative List under the constitution; by that it means only the Federal Government can regulate aviation; admiralty, that is the passage of ship on the high sea; oil and gas, mining. You can imagine, only the Federal Government can regulate the mining of gold, which we have in Ilesa, Osun State. Only the Federal Government can regulate agriculture. Only the Federal Government can regulate even education; it set up the Joint Admissions and Matriculation Board (JAMB). It centralised education; whereas the Western Region had already established the Obafemi Awolowo University way back in 1962. What they then did was to introduce Federal Character and ensured that the people in the Northern part of the country would take advantage over and above those who were already advanced in education. That was how gradually the Federal Government developed the issue of Federal Capital Territory (FCT) by which every item of development was nationalised and all the institutions were situated in the Northern part of the country. Go to any state in the North today, any place that you can see that is generating income is for the Federal Government. The private companies are moving to the South but everything federal is domiciled in the North and it is deliberate. But these cannot work. That was how the issue of agitation for restructuring came about and people took up the struggle. Isaac Adaka Boroh made the Kaiama Declaration and said people should be allowed to control their resources and he started to mobilise the people of the Niger Delta. After his death, Ken Saro Wiwa took up the struggle and you would recall that Chief Awolowo had been addressing this issue for a long time. But what does this restructuring really entail? When we say restructuring, we are saying true fiscal federalism, that we should abandon this unitary system by which a judge of Oyo State will be appointed by the National Judicial Council in Abuja and be forced on the governor as a judge to be paying his salary, yet only the NJC can remove him. We have a system in which Ondo State cannot regulate cocoa production or bitumen exploration and Osun State cannot regulate the mining of gold in Ilesa. How can we have a system like that where Delta State cannot regulate its own resources and crude oil and these same resources are being captured and used to develop other places? We cannot have justice in such a system. So, we are advocating a restructured system. By restructuring, we are saying go let us go back to the original plan of the forefathers. What plan of the forefathers? When people talk about restructuring, they mention fiscal federalism and regionalism but Nigeria is already where it is with 36 states structure and agitation for more and the challenges that follow. How easy will it be to return to regionalism or to practise most of the things restructuring preaches, without balkanising Nigeria or disuniting it? No, no, no. We are not calling for the balkanisation of the country. You see, what is fuelling corruption in Nigeria today is the federal system. Once resources are communalised, there is no sense of ownership; people treat it like something that belongs to all and have this mentality of let us steal and wreck it. But if you allow Akure, for instance, to control its cocoa and other resources, there will be a sense of belonging. When we say restructuring and talk about going back to regionalism, we do not mean that we should collapse the federation. What we mean is that there no way the Federal Government can be regulating television in this modern age; it will not work. We are not saying that we should cancel the Federal Government, what we mean simply is devolution of powers. That what what the ruling All Progressives Congress (APC) when it was seeking power in 2015; if you check their manifesto. Even if you check their website, as of today, it is there. Number one, they promised devolution of powers and said they would amend the constitution; this is what we mean by restructuring. We are saying cancel that Exclusive Legislative List and let the Federal Government be involved like FIFA, which just regulates football but does not tell countries who to field. They only give the rules and regulate and allow the countries’ football federations to decide how their football will grow, who to appoint as coach and who to represent them. But FIFA still exists as a body that gives regulation and control on football. So, what we mean by restructuring is that we will still have the federal system but it will no longer control the economy; it should no longer control the resources of the people or dictate the administrative paces of the states. Why should the Federal Government be appointing the Commissioners of Police in states? Why? Why would a president who is the Commander-in-Chief of the whole federation be the chief executive of Oyo State again? When the governor of Lagos State gives a directive to the Commissioner of Police in his state, he does not take it; he only takes directive from the Inspector-General of Police, who was appointed by the president. Why should a sitting president be the one to appoint members of the Independent National Electoral Commission (INEC) in an election in which he is going to be a contestant? All these things happen in the current system. But why can’t we have a system in which citizens would be automatically be entitled to get admission in their states? Why should the Federal Government be regulating admissions and be forcing universities to admit people who do not qualify for the admission just because they are educationally-disadvantaged? But look at the trick here sir; if you want to introduce Federal Character, then make it go across board. When you go to the military today for enlistment into the Nigerian Army, there is no Federal Character. If it were to be working, it means that people from the South should be enlisted into the Army above those who are from the North. But the reverse is the case; the larger population of the military personnel is still from the North and people from the South are disadvantaged to be enlisted into the military. But when it comes to education, they turn it round and say the Northerners are educationally-disadvantaged; why won’t the Yoruba be considered disadvantaged when they want to join the Army, the Air Force and all that? It is injustice and inequality and we cannot continue to force ourselves to be together. So, we are saying that in spite of the glaring disadvantages, if we want to perpetuate our existence; let us correct these things. We are saying that this Exclusive Legislative List cannot continue to operate forever. The military introduced a command system and centralised everything in Nigeria, which is a reversal of what obtained from 1953 up to the time we got independence. That we are saying all these does not mean we want to cancel the Federal Government. What we are saying is that power should be devolved to the states; let us have state police, let even local governments be able to generate electricity and let states be able to have their own power plants. Let states develop their economies at their own pace. Let the states that have the power introduce their own universities. Is not Pastor David Oyedepo that is organising Covenant University and the place is becoming one of the best in the world? We cannot continue like this, centralising admissions and frustrating millions of youths, who are now fleeing to Europe and America daily because they are being rejected in the universities and they are dying on the high sea. Our call for restructuring is that everyone should be allowed to develop at his own pace. In the past, there had been clamour for a Sovereign National Conference and then later, it was agreed that even if it would not be sovereign, there should be a conference but nothing decisive has been achieved. Today, there is much talk about restructuring and it appears to still be all talks and no action. When do you think Nigerians will be able to force the country’s leaders to action? The unfortunate thing is that when you make peaceful change impossible, you make violent change inevitable. The orgy of violence that you are witnessing in the land; kidnapping in the South, terrorism in the North, armed robberies are products of the failure of our leaders to listen to the voice of reason. The violence will escalate, because when poverty has consumed a people, the poor will begin to eat the rich. It is inevitable and that is what we are seeing now; there is nobody in this country who is rich and is not a victim. You receive not less than 10 text messages daily with account details; people are pleading for school fees, medical fees or one thing or the other. We have got to that point of emergency that we do not really need to force the people. There is no senator in this country that the people of his constituency are not milking him every day, because there is no development. So, it is not a matter of just talking about restructuring, sir. Our leaders themselves will soon become victims of their own greed. The politicians, who are corrupting the system today because their own greed and personal aggrandisement and are refusing to listen to the voice of reason will soon become victims. Already, with the chain of events and the confusion happening in the political parties, the reality is already dawning on us that restructuring is inevitable; that a conference of our people, where we will throw away the unitary system and the Exclusive Legislative List and go back to federalism is inevitable. I believe that 2019 is just waiting to explode in our faces what we have been dodging. It is not about the elections; it is not about APC or PDP, it is about the freedom of our people to enjoy true federalism, to be able to develop at their pace and become citizens in their own land rather than victims.

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NIGERIAN TRIBUNE
7th August, 2018

Invasion of National Assembly illegal ? Adegboruwa

LAGOS based lawyer and human rights activist, Ebun-Olu Adegboruwa, Esq., has condemned the invasion of the National assembly on Tuesday by officials of the Directorate of State Service (DSS) as illegal and constitutional, commending Acting President Yemi Osinbajo for taken quick steps to ensure that the situation did not degenerate. Adegboruwa stated that the Nigerian Constitution in Sections 4, 5 and 6 established the three arms of government; Legislature, the Executive and the Judiciary, with separate powers and functions, adding that they are to act independently and autonomously, without any interference from one arm of government in the affairs of the other. He explained that the DSS belongs to the executive arm of government and has no constitutional powers to invade the assembly. “The DSS and the police are all part of the Executive arm of government and it is totally unconstitutional for the DSS to have invaded the premises of the National Assembly in such commando fashion as if we are under military rule. This happened to judges of late when the same operatives of the DSS invaded their homes in the dead of the night. ALSO READ: Police arrest robbers, kidnappers of Rev fr, Kogi chief “I commend the action taken by the Acting President, in due consultations with the President, I believe. This should be extended to all other security and law enforcement agencies, to follow the law and observe the due process of law, in all their dealings. Let us never allow security operatives, to take our people for granted. “I salute the courage of the people of Nigeria, especially members of the National Assembly, for their vigilance and courageous actions, to save our democracy. I totally agree with the statements of the Nigerian Bar Association and Vice President Osibajo. “Nigerian women deserve special commendation and appreciation, for their tireless efforts to rescue and defend our democracy, coming from the Aba Women Riots to the courageous exploits of Queen Amina of Zaria, the revolutionary strides of Mrs Funmilayo Ransome-Kuti, the sacrifices of Mrs Kudirat Abiola, etc and now Honourable Boma. Thus, it is expected that the Nigerian government will henceforth assign more roles for women, in order to make them part and parcel of governance,” Adegboruwa concluded.

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NIGERIAN TRIBUNE
21st September, 2017

IPOB proscription is faulty ?Adegboruwa

Lagos based lawyer and right activist, Ebun-Olu Adegboruwa on Thursday described the order of the Federal High Court proscribing IPOB as faulty in law, adding that it should be challenged and set aside by all those affected or to be affected by the said order. Adegboruwa stated that there cannot be any legal entity in law known and referred to as IPOB, as such entity does not exist in law, adding that the Attorney-General of the Federation cannot competently sue IPOB as a defendant, in any court of law, the same being an entity unknown to law. “The Court cannot make an order against a non-existing entity, such as IPOB. Such order, if and when made, is at large and unenforceable. The Supreme Court has stated it times without number that the court cannot proceed against a non-juristic person. “The court, which is a creation of law to interpret the law, cannot competently proscribe what does not exist in the eye of the law. If IPOB is registered in Nigeria at all, it can only sue and be sued in the corporate name of its incorporated trustees. The Hon Attorney-General, with all due respect, cannot file or maintain a suit in court against IPOB, in the manner formulated in this case,” he stated. He further urged Mazi Nnamdi Kanu and all those concerned to proceed to challenge the competence of the suit itself and the jurisdiction of the court to make the order. “I verily believe that the federal government should follow the noble advice that General Muhammadu Buhari gave to the United Nations, to adopt dialogue in the resolution of the agitations coming from the South East,” he concluded.

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NIGERIAN TRIBUNE
18th September, 2017

Proscription of IPOB: Saraki is correct ?Adegboruwa

LAGOS based lawyer and human right activist, Ebun-Olu Adegboruwa, on Monday supported the declaration of the Senate President, Abubakar Bukola Saraki, stating that proscription of IPOB is an illegality. He states that, “the Senate President is correct in declaring the illegality of the purported proscription of IPOB as such. This particular Buhari regime is known for crass impunity and wanton disregard for the rule of law. It is true that the Army and the South-East governors have no power to proscribe any organization or to declare it’s activities as terrorism. It is only a court of law after due process has been followed, that can make such declaration. “Section 40 of the 1999 Constitution grants every Nigerian Citizen the freedom to freely associate with others for the protection of their interests. IPOB and it’s members do not require govt recognition in order to operate as an association. “This is not to condone that activities of IPOB that are considered violent or extreme. It is for the law enforcement agencies, especially the police, by all means not the Army, to invoke the die process of law to arrest such extremism. I urge that the govt should withdraw its troops from the South East and allow peace to reign in Nigeria,” he said. Adegboruwa explained further that, “it is in this vein that I consider it an extreme provocation for the Army to be considering any militarization of the South West and the South South, under any guise whatsoever. We are not under a military regime but operation of a democratic government that is governed by due process and the rule of law. I therefore commend the Senate President for his courage and boldness to speak the truth. I urge the Speaker of the House of Representatives to do likewise and get all soldiers to go back to their barracks where they rightly belong.” On his own part, Abuja lawyer and right activist, Barrister Ugochukwu Osuagwu, stated that the military only described IPOB as militant terrorist organization from its analysis, adding that it is not a declaration or proscription. It is the Governors who acted wrongly by hastily proscribing IPOB. “Note that it is Defense headquarters that made the statement not the Nigerian Army. There is a difference between the Army Headquarters and DHQ. Military only said they are, from their activities, terrorist. Military never proscribed IPOB. Commentators on this subject matter got the facts wrong and misapplied the Law. “Where the military would have gone wrong is when they proscribed IPOB in preparation for Gazetting it under Section 2(1) TPA 2011. Military did not declare them terrorists but mere described them like terrorist from analysis of IPOB modus operandi of being violent of recent. “It is not unlawful to analyze and describe them as such, it will become unlawful only when the Military announces its proscription without an application to a judge in chambers,” Osuagwu concluded.

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NIGERIAN TRIBUNE
10th May, 2017

President Buhari should be impeached — Adegboruwa

FOLLOWING the disagreement on the letter written by President Muhammadu Buhari appointing the Vice President, Professor Yemi Osinbajo as the coordinator, a human rights lawyer, Ebun Olu Adegboruwa, has called for the impeachment of President Buhari. Adegboruwa in a statement on Wednesday pointed out that for the President to appoint the VP as Coordinator; he has committed an impeachable offence. The lawyer also added that the constitutionally created office of Acting President has been circumscribed since the President is away on an indefinite medical trip abroad. “The VP cannot make appointments or sack anybody while the President is away. He cannot discipline any erring minister. “He is limited in policy decisions, as a coordinator. He has no power of control over the Cabal to whom the president has handed over power, albeit illegally. "The Chief of Staff was recently reported to have moved vital documents away from Aso Villa in effect, Nigeria has no leader presently. The existing office of VP is no more. "The Senate lacks the power to pronounce Osinbajo as Acting President, without a written resolute of both chamber of the National Assembly, through a decision taken on the floor of both chambers. Adegboruwa further noted that the President cannot travel for medical check up for an indefinite period of time, adding that the National Assembly should reject the letter from the President. "There is therefore a serious constitutional crisis. Pro government lawyers and activists, who have goaded the Buhari administration into dubious and reckless interpretations of the constitution in the past, should be held responsible for the current crisis and all acts of impunity from Aso Villa "In all, the National Assembly should commence impeachment proceedings against the President, for gross misconduct,” Adegboruwa said

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NIGERIAN TRIBUNE
2nd February, 2017

Adegboruwa backs Tuface, Lagosians on proposed rally

A human rights lawyer, Ebun Olu Adegboruwa, on Thursday, backed the proposed rally slated for February 6, to be led by ace musician, ace musician, Tuface Idibia. In a press release, Adegboruwa said the proposed ban by the Lagos Commissioner, is an attempt to intimidate those who wish to partake in the rally. “For the information of the police commissioner, Nigeria is a democratic country governed strictly in accordance with the provisions of the 1999 Constitution. Section 39 of the Constitution grants freedom of expression, including the right to be heard and to disseminate information and ideas. “Section 40 grants the right to associate and gather together. Section 38 grants the right to freedom of movement and peaceful assembly. I believe that Mr Fatai Owoseni has a copy of the Constitution, to guide his actions and utterances on this matter, instead of threatening innocent and law abiding citizens, who are responsible for his salary. “The issue of police permit for citizens to gather freely, expired with the coming into force of the 1999 Constitution and we cannot now go back to the military era of shutting up citizens from legitimate expressions. “I therefore urge the good people of Nigeria, especially those who reside in Lagos, to join us en mass at Ikeja, for the rally on February 6, 2017. We cannot be intimidated in our own country, by the same people who are paid to protect us. “This is not a rally by miscreants or thugs as to warrant the fears being expressed by the police commissioner. The statutory duty of the police is to offer us protection on Monday and help to maintain orderliness, throughout the period of the rally. “So come rain or shine, we shall hold the rally on Monday, as scheduled, because it is illegal for the police to seek to ban a lawful assembly,” Adegboruwa said.

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NIGERIAN TRIBUNE
8th January, 2017

Buhari not fighting any corruption —Adegboruwa

AYOMIDE OWONIBI spoke with Ebun-Olu Adegboruwa, who is a Lagos-based human rights lawyer, on the war against graft. Excerpts: WHAT is your view on the anti-corruption war of President Muhammadu Buhari? I believe that the so-called anti-corruption war was a hidden agenda deployed by the All Progressives Congress (APC) to bury itself into the mind of Nigerians for the purpose of gathering votes. It was such that, because of the level of poverty that had prevailed in the country, they capitalised on the trust of Nigerians, promising to recover looted funds. But sadly, since the government was inaugurated in May 2015, the anti- corruption fight has been more of persecution targeted at the opposition [figures] and also critics of the ruling party. People have been arrested who have no relationship with any criminal matter at all, just for the purpose of intimidating them. Do you think the president is shielding corrupt people? It is also sad to note that officers of the ruling government who have been accused of corruption have been shielded by the president. A good example is the Minister for Transportation, Rotimi Amaechi; another a good example is the Chief of Army Staff, who has admitted to buying properties abroad; another good example is the Secretary to the Federal Government who was also accused of allegedly having conflict of interest by issuing huge contracts to companies where he had huge interests in the past; another example is the Chief of Staff who has been implicated in the scandalous MTN fine. What is your take on the acting EFCC chairman, Ibrahim Magu and the allegations levelled against him? Magu, the acting EFCC chairman, has been accused of living a lifestyle which is inconsistent with an anti-corruption crusader, and he has been shielded by the president. He is being accused of flouting the directive of the president not to fly first class. He is being accused of hoarding exhibits, and packing them to his house and nothing has happened. He has been accused of hobnobbing with people that are under investigations and nothing has happened. With all these, I believe that this government lacks what it takes to fight corruption war. I believe so because an anti-corruption war ought to have no face. It should not discriminate against politicians, public officers. Once this administration is not capable of looking its members in the eye who are accused of corruption, then that anti-corruption war becomes a hypocrisy, that is not being fought genuinely with a vision to stamp it. So, you are saying the anti-corruption war is not genuine? Another reason why this anti- corruption war is just a fluke is that since the inauguration of this government, nothing has been done to assess the major organisations saddled with fighting the war against corruption. For example, the planto recruit just 10,000 policemen has been mired in controversy. Nothing has been done to improve agencies like EFCC, ICPC and even the judiciary. Nothing has been done to transform the court to an institution that can handle cases within a specific period of time. That is why you see that of all the people that have been charged to court, no single person has been convicted. The new cases have to take their turns and compete with old cases that are there. That’s why you see that these cases take years to come to a reasonable conclusion. I believe that anybody that wants to fight corruption should not just do so in the media. I sympathise with the president because twice now the budget that he presented before the National Assembly has been padded right under his nose. I strongly believe that the president is not fighting any war against corruption.

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NIGERIAN TRIBUNES
14th October, 2016

Adegboruwa calls for judges, lawyers to boycott courts

Following the arrest and detention of seven judges, human rights lawyer and activist, Ebun-Olu Adegboruwa, on Friday called for a total strike by judges and lawyers. Adegboruwa in a statement issued on Friday said given the position of the National Judicial Council on the arrest of seven judges last weekend, all judges, lawyers and court workers in the country ought to immediately boycott the courtrooms. He said the explanation by the NJC had made it obvious that the President Muhammadu Buhari's government does not need the courts. Adegboruwa said he recalled that Buhari had once said the judiciary was his headache, while the acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, had also taken the same position. According to him, the outcome of the Edo State Election Petition Tribunal was already predetermined as no judge would ever rule against the ruling All Progressive Congress for fear of clampdown. In the light of this, Adegboruwa called on the Nigerian Bar Association, judges and court workers to boycott the courtrooms. "Given the revelations that have emerged from the NJC, my humble cry is to the Nigerian Bar Association, the Judiciary Staff Union of Nigeria and indeed all judicial officers across Nigeria, to close down the courts. "In the light of the emerging facts, this regime does not need the courts at all. What it desires is a situation whereby suspects are sent to jail without trial and once government has raised any allegation, regardless of the actual and true facts, the victim stands condemned. "So, judges and courts are not needed at all. The President said so. The EFCC chairman said so, that the judiciary has been a headache. "What the sting operation sought to and has indeed achieved is to place judicial officers under some terror, harassment, fear and indeed intimidation. Citizens will not be entitled to fair trial any longer and truly innocent people will now be sent to jail, since that is the preference of the government, that will be the only way judges can be free from harassment," he said.

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NIGERIAN TRIBUNE

Adegboruwa files suit to stop Buhari from appointing another CJN

The agitation over the fate of the acting Chief Justice of Nigeria has moved to the court shifted to the court on Tuesday as Lagos based lawyer and human rights activist, Ebun-Olu Adegboruwa, Esq, dragged the President, the Vice-President, the Senate, the National Judicial Council, Hon Justice Walter Onnoghen and the Attorney-General of the Federation, to court. The suit filed by Adegboruwa before the Federal High Court, Lagos judicial division, was in order to preserve the office of the Chief Justice of Nigeria. Adegboruwa is asking the court to direct the President, and in his absence the Vice-President, to forthwith forward the name of Hon Justice Walter Onnoghen to the Senate for confirmation as the Chief Justice of Nigeria. He is also asking for an order of injunction to restrain the President and the Vice-President from appointing another candidate for presentation to the Senate, for the office of the Chief Justice of Nigeria, apart from Hon. Justice Walter Onnoghen, who is the most senior justice of the Supreme Court and who has already been selected and recommended by the National Judicial Council. Adegboruwa further asked the court to stop the Senate from accepting, entertaining, deliberating upon or considering the nomination of any other candidate that may be forwarded to it by the President and the Vice-President, apart from Hon Justice Walter Onnoghen, who has already been selected by the National Judicial Council and an order of injunction to restrain the National Judicial Council from entertaining any request from the President and the Vice-President, to consider another candidate for the office of the Chief Justice of Nigeria, apart from Hon Justice Walter Onnoghen already selected. He further prayed the court to forthwith direct Hon Justice Walter Onnoghen to assume and take over and be performing and discharging the duties and functions of the office of the Chief Justice of Nigeria, until such a time that the President would agree to forward his name to the Senate for confirmation or until he retires at the mandatory age of 70 years. Adegboruwa in a detailed 42 paragraph affidavit in support of the suit, traced the history of the previous appointments of all the Chief Justices of Nigeria, stating that it has never been the style of the executive to leave a vacuum in the highest judicial office of the land. He stated that upon the coming into force of the 1999 Constitution, the President has no discretion in the choice of candidate to occupy the office of the Chief Justice of Nigeria, other than the person selected and recommended to him by the National Judicial Council. Adegboruwa accused President Buhari of a negative bias against the judiciary which he had openly declared as his headache, stressing that the President is deliberately withholding the appointment of Justice Onnoghen in order to destabilize the judiciary and to force him into compulsory retirement, being a Christian from Southern part of Nigeria. The rights activist accused the President of a hidden agenda to perpetuate civilian dictatorship and to implement his ethnic and religious agenda, by frustrating the first Chief Justice of Nigeria from the South in the past 30 years. He cited in the new suit, instances of the refusal of the President to obey the order of the Ecowa court to release Col Sambo Dasuki, rtd, the order of the Federal High Court to release Shite leader, Sheik Ibrahim El Zak Zaky, as precedents of the preference of the President for a system of lawlessness, contempt and total disregard for the judiciary and the rule of law. The lawyer accused the Vice-President of failing to act decisively as he did with the case of the EFCC chairman, whose nomination he forwarded to the Senate in the absence of the President, maintaining that by February 10, 2017, the judiciary will be thrown into total chaos as there will be nobody to preside over meetings of the NJC, there will be no chief justice to assign important appeals and there will be no further appointment, promotion or discipline of judges. He is asking for a declaration of court that under and by virtue of section 292 (i) (a) of the Constitution of the Federal Republic of Nigeria, 1999, the failure, refusal or omission of the president and in his absence, the vice president to forward the name of Honourable Justice Walter Onoghen, JSC, recommended to him as the Chief Justice of Nigeria, to the Senate for its confirmation, amounts to a compulsory retirement of the said Honourable Justice Walter Onoghen, JSC, in a manner that is inconsistent with the due process of law and is therefore unconstitutional, illegal, null and void. Also, he asked for a declaration that under and by virtue of sections 292 (i) (a) of the Constitution of the Federal Republic of Nigeria, 1999, the Defendants are obliged to select, recommend, appoint or confirm the appointment of the 4th Defendant as the Chief Justice of Nigeria and under and by virtue of section 153(1), Paragraph 21 of the Third Schedule and section 231 (1-5) of the Constitution of the Federal Republic of Nigeria, 1999, the National Judicial Council is the only body authorized by law to select and recommend any candidate for appointment as the Chief Justice of Nigeria among many other declarations.

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