[dropcap]F[/dropcap]acts have emerged of how some killer herdsmen threatened a team of soldiers and policemen on rescue mission to beat a hasty retreat at a forest in Delta state.

The security team were deployed to participate in the rescue operation of victims involved in penultimate week Saturday’s attack on farmers in Agadama, Ughelli North local government area of the State.

They, were, however threatened to flee the bush, recounted a security personnel who encounter the suspected rogue herdsmen who, he said, warned them against entering their (herdsmen) enclave.

The rescue team, made up of policemen, soldiers and representatives of the community, was led by a military officer and with the mandate to recover the corpses of victims reportedly killed by the armed herdsmen.

Though the team was able to rescue one victim who had been shot and left to bleed to death by his assailants, the squad had to retreat and call for backup after they met some armed herdsmen who warned them against further entry into the bush.

A police officer who was part of the team, according to Vanguard report, admitted that they met the hoodlums who, according to him, appeared battle-ready and were chanting incantations.

The officer, who spoke on the condition of anonymity, said: “When we saw them, they did not make any attempt to run neither did they look perplexed or scared.

“In a bid to avoid confrontation, while we (rescue team) took cover, our leader, a soldier, decided to raise his hands up and engage the herdsmen who were all armed and stationed on the other side of the river on the need to release the corpses.

“One of the herdsmen, who appeared to be their leader, shouted out a warning that we should not move further else they will engage us in a shootout. Noticing that we were outnumbered, we had to retreat.”

Confirming the story of the security source, the Chairman of Agadama community, Sunday Iniovogoma, wondered why the security operatives who, he said, had about 10 soldiers, refused to engage the armed herdsmen in a shootout but rather decided to discuss and appeal to them on the need to release the corpses.

“When the team got there, they met the herdsmen face-to-face and the herdsmen told them that they should not move an inch.

“At that point, the commander of the team had no option than to hands up to show that they came for peace so that the herdsmen would not open fire.

“The soldier then appealed that one or two of the herdsmen should come over so that they could discuss and that all they needed were the corpses, but their leader insisted that if the team moved five feet forward, they will open fire and kill all of them.

“While the conversation was ongoing, another herdsman, who was inside the bush behind the one who appeared to be their leader, came out with his rifle shouting Allah Akbar (God is great), and ordered that the team should immediately retreat and leave the bush.

“As the second herdsman was shouting out the orders, he was pointing his rifle at the team. At this point, the team had no option than to move back.

“Meanwhile, prior to this encounter, the leader of the team had ordered one of the community boys that led them to the area to go back and tell their colleagues to reinforce because, if anything happened, they will not be able to withstand the firepower of the herdsmen.

“The boy actually came back to the junction by the market area where the other soldiers were stationed and sent two Hilux full of more soldiers back to the bush, but they refused to enter the enclave and were just going round the market area before they finally left.

“That is why there was no single exchange of bullet between the rescue team and the herdsmen when the team encountered them inside the bush, yet they claim that the herdsmen have left the bush.”

Culled from Bigpenngr.com

[dropcap]I[/dropcap]n a move to end the ongoing tussle between the Nigerian military and Peace Corps of Nigeria, the Attorney-General of the Federation, Abubakar Malami, has ordered that the office be unsealed with immediate effect.

A letter of instruction was sent to the Police Headquarters, Abuja, from the office of the AGF on Friday afternoon.

A source at the Force Headquarters on Friday evening hinted said that the Inspector-General of Police, Muhammad Adamu, would comply with the instruction.

The Headquarters of Peace Corps located in the Jabi area of Abuja, was sealed off by the former IGP, Ibrahim Idris, the same day it was inaugurated on February 28, 2017.

Justice Gabriel Kolawole in a landmark judgment delivered on November 9, 2017, upheld the legality of PCN and declared the action of the police as illegal, unconstitutional, null and void.

Consequently, the court ordered the security agency to unseal the headquarters and went further to award damages to the tune of N11.5m against the police.

Almost three years after, the court order is yet to be obeyed.

The House of Representatives had also in a unanimous resolution in 2018 after summoning IGP Idris in an investigative hearing, ordered that Peace Corps office be unsealed while condemning the incessant harassment of members and officers of the corps but the police refused to do so.

[dropcap]T[/dropcap]he Supreme Court declared on Wednesday that in line with its rules, “it shall not” review its judgment. It said the only condition that could warrant a review of its judgment” once given and delivered” is if “there is clerical mistake or some errors.”

The apex court made this pronouncement while giving a judgment on the application by the All Progressives Congress (APC), its governorship candidate David Lyon and running mate Bobarakuma Degi-Eremienyo, for a review of its February 13 judgment in the Bayelsa State governorship election.

Lyon and Degi-Eremienyo were declared Bayelsa State governor-elect and deputy governor-elect by the Independent National Electoral Commission (INEC) after the November 16, 2019 election.

Peoples Democratic Party (PDP) candidate Duoye Diri and his running mate Lawrence Ewhrudjakpo challenged the qualification of Degi-Eremienyo based on discrepancies in his names.

This application was upheld by the Supreme Court which voided the candidacy of the APC team. It ordered INEC to withdrew the certificate of return from the APC.

Dissatisfied, the APC, Lyon and Degi-Eremienyo filed applications before the Supreme Court asking it to reverse the judgment.

Giving its verdict on Wednesday, after a review by a seven-man panel, headed by Justice Sylvester Ngwuta, the apex court said: “The decision of this court, in appeal No: SC/1/2020 is final for all ages; it is final in the real sense of the word final and no force on earth can make this court to shift from its decision delivered in the appeal: SC/1/2020.

“To do otherwise is to open a floodgate of litigation on appeals already settled by this court. There is even no guarantee that if these applications are granted, the other side will not come up with fresh applications for a further review of the court’s decision.

“As I said, there must be an end to litigation to ensure certainty in the law. The two sets of applicants are by these applications, asking this court to sit on appeal over its judgment delivered on 13/2/2020 in this appeal, which is regrettable.

“I cannot believe, and with tears in my eyes, that in my life time, I will see very senior members of the Bar, bring applications of this nature to this court, which are aimed at desecrating the sanctity of this court, foul its well-known principle that the decision of this court is final and destroying the esteem in which this court is held.

“The end result of the foregoing is that these applications are vexatious, they are frivolous and they amount to a gross abuse of the court process.

“In the circumstances, the two applications are hereby dismissed. Cost of N10million each are awarded against the 1st, 2nd and the 3rd applicants respectively in favour of the 1st, 2nd and 3rd respondents, to be paid personally by their respective counsel”, Justice Amina Augie who read the judgment, said.

Other members of the panel are Justices  Mary Odili, Olukayode Ariwoola, John Okoro, Kudirat Kekere-Ekun and Ejembi Eko.

The applicants, were represented by Chief Afe Babalola (SAN) and Chief Wole Onanipekun (SAN).

The respondents in the matter are the PDP Governor Duoye Diri and Deputy Governor Lawrence Erhujakpo.

All members of the panel were unanimous in holding that the prayers in the two applications do not fall within those that could be granted under the provision of Order 8 Rule 16 of the Supreme Court’s Rules, which provides  for instances when the court could review its judgment.

Order 8 Rules 16 of the Supreme Court Rules  provides that “the court shall not review any judgment once given and deliver by it, save to correct any clerical mistake or some errors arising from any accidental slip or omission or to vary the judgement or order so as to give effect to its meaning or intention.

“The judgment or order shall not be varied when it correctly represents what the court decided nor shall the operative and substantive part of it be varied and in different form substituted.”

Justice Augie said non of the grounds of the two applications meet the condition for review contained in the provision of the court’s Rules.

Justice Augie said: “Having considered the prayers sought, viz a viz the position of the law and the arguments and submissions made by all the parties, it is clear that the two applications lack merit and they constitute an abuse of the court process.

“Also,not matter however the prayers sought are crafted, there is no doubt that the two sets of applicants are asking this court to review its judgment delivered on the 13th of February 2020 in appeal No: SC/1/2020.”

Justice Augie noted that Order 8 Rule 16 of the Rules of the Supreme Court uses the words ‘shall not,’ which implied that the court is not authorised and lacked jurisdiction to review its judgment, except in the circumstances set out in the said provision of the court’s Rules.

She also noted that the two sets of applications “have not shown this court any clerical mistake that needs to be corrected in the judgment, which they sought to be reviewed.

“They have not pointed out any accidental slip or omission in the said judgment or showed this court any part of the said judgment that needs to be varied so as to give effect to its meaning or intention.

“What they are asking the court to do is what the said provision (of the court’s. Rules) prohibits. They are asking this court to vary the operating and substantive part of its judgment and thereby substituting it with different form entirely.”

Justice Augie said there must be an end to litigation, and that Section 235 of the Constitution makes it clear that no decision of the Supreme Court shall be appealed against.

She said the Supreme Court, being the final court of the land, implies that its decision is final no matter how any one feels about it.

Babalola, SAN, counsel to Lyon and his running mate in his submissions said the Supreme Court has inherent decision and power to set aside its own decision.

“The judgment which voided the election of  Lyon and his deputy was a nullity on account of denial of fair hearing to them.

According to him: “The procedure adopted by the apex court on February 13 was wrong because there was no cause of action at the time it gave judgment against Lyon.

However, Mr Tayo Oyetibo (SAN), Counsel to the PDP told the apex court that the applications by APC and its candidates were dangerous invitation to the Supreme Court to violate section 285 of the 1999 constitution, for the court to sit on appeal over its own matter.

Oyetibo argued that having delivered final judgment on merit, the court has no jurisdiction to sit on appeal in the judgment, adding that it is scandalous to ask the apex court to review the judgment.

He added that the apex court was right in disqualifying Lyon as the governor-elect because section 187 of the 1999 constitution is clear and unambiguous to the effect that a governorship candidate who has no deputy candidate is not qualified to contest any governorship election in Nigeria.

“When Supreme Court gives judgment, it is deemed correct.

It has never happened in the history of the Supreme Court to reverse itself, its judgment is final and finality: and whatever Supreme Court says in the interpretation of the law is the law”, he said.

His submissions were adopted by other respondents in the matter.

The apex court held that the nomination form Degi-Eremieoyo submitted to INEC for the Nov. 16, 2019 governorship election in Bayelsa state, contained false information of fundamental nature.

However, not satisfied with the decision of the apex court, the APC, Lyon and Degi-Eremienyo applied to the court for a review and setting aside of its judgment that disqualified them from the November 16 poll.

The applicants specifically wants the Supreme Court to set aside the “wrong” interpretation given to its judgment of February 13, 2020 and the subsequent execution by INEC.

Among others, APC is contending that the Supreme Court, in its judgment,  misinterpreted the November 12, 2019 judgment of the Federal High Court, Abuja which it affirmed.

The party argued that the Supreme Court acted without jurisdiction and denied it fair hearing when it proceeded to disqualify its governorship candidate even though the Federal High Court, in the judgment by Justice Inyang Ekwo, which the apex court affirmed, refused the  prayer to disqualify Lyon.

APC also faulted the interpretation given to the Supreme Court judgment by the Independent National Electoral Commission (INEC) in deciding to issue certificate of return to the candidates of the Peoples Democratic Party (PDP).

In court were APC National Chairman Adams Oshiomhole, Governor Diri, Lyon’s running mate Degi-Eremienyo and PDP spokesman Kola Ologbodiyan.

[dropcap]T[/dropcap]he Supreme Court has just dismissed the request of the All Progressives Congress (APC) seeking a review of its judgment voiding the election of David Lyon in the Bayelsa State governorship election.In a decision announced after a short break the apex court said it’s earlier judgement on the case stays.

•••Details later