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Scores Killed In Boko Haram Attack On Mafa Village

At least 47 people were killed in an attack on Azaya Kura village of Mafa local government area, Borno State, after Boko Haram insurgents invaded the village.

According to sources, the militants who rode in many vehicles stormed the village at about 12:30 pm and launched attacks on the residents, burnt down many houses and also carted away foodstuff and livestock.

According to a report by Reuters, a military source said the militants stormed the village in Wednesday’s attack to avenge four of their members who had wandered into the market but were identified and killed by soldiers in a gun fight.

“The Boko Haram militants mobilised and came on a reprisal,” the source told Reuters in the Borno state capital Maiduguri.

The attack on Azaya Kura village occurred on a busy market day, Shettima Lawan, chairman of Mafa district council said by telephone.

40 people mining without licenses in the Ghanaian town of Tiagbani are reported to have been trapped in the pit they were mining in.

40 people mining without licenses in the Ghanaian town of Tiagbani are reported to have been trapped in the pit they were mining in.

According to a local Ghanaian radio station seven [7] of the unlicensed local miners were pulled out of the pit but died shortly afterwards. Another 33 are believed to be still trapped underground.The bodies of the those pulled out of the pit have been deposited at the district hospital for autopsy.

“They went to operate at their site but unfortunately the pit caved in on them. Rescuers are doing their best to dig out the dead bodies but at the moment the whole township is mourning,” the reporter for the radio station said.

Tiagbani is in the Talensi-Nabdam district of the Upper East Region, far from the traditionally-known gold mining sites in Ghana......For more updated News 

Abuja quakes as Buhari, Oyegun, Amaechi protest

All Progressives Congress (APC) leaders yesterday took to the streets their case against the Dr. Goodluck Jonathan administration.

Some of the party’s leading lights, including Chiarman John Odigie-Oyegun, led a “Salvation Rally” in Abuja, accusing President Jonathan of using the Boko Haram insurgency as a joker to win election.

The party said there was  no limit to the length the President  had not gone in his “obsession” for re-election.Read more

Nigeria Ranked One of Five Countries Worst Hit By Terrorists

Nigeria has been ranked among 2013 world’s most terrorised countries in the Global Terrorism Index 2014 report released on Tuesday.

In the said report, five mostly terrorised countries, Iraq, Afghanistan, Pakistan, Nigeria and Syria, accounted for 80 per cent of the deaths from terrorism in 2013.

Iraq alone recorded more than 6,000 deaths, making the country most affected by terrorism, the report said.

India, Somalia, the Philippines, Yemen and Thailand were the next five, with between one per cent and 2.3 per cent of global deaths by terrorism.

Behind most of the deaths were militant groups, Islamic State militants, al-Qaeda, Boko Haram and the Taliban, which the Global Terrorism Index 2014 report said were the four main groups responsible for 66 per cent of all deaths from terrorist attacks in 2013.

The latest study into international terrorism showed that the number of deaths from terrorism increased by 61 per cent between 2012 and 2013.

The report, which investigated terrorism trends between 2000 and 2013, used data from the United States (US)-based Global Terrorism Database.

Nearly 10,000 terrorist attacks occurred in 2013, which amounted to 44 per cent increase from 2012, the report indicated.

The report by the Institute for Economics and Peace (IEP) said nearly 18,000 people died from terrorist attacks in 2013

The Super Eagles of Nigeria have failed to qualify for the 2015 African

The Super Eagles of Nigeria have failed to qualify for the 2015 African Nations Cup after being held to a 2-2 draw by the Bafana Bafana of South Africa at the Akwa Ibom International Stadium.

Congo had defeated Sudan 1-0 in the other Group A match which meant Nigeria missed out on a top two place in the Group.

Tokelo Rantie had put the South Africans 2-0 up with a goal in either half of the game but Sone Aluko leveled the scores on the 68th and 90th minutes.

The South Africans however finished the game with ten men after  Renielwe Letsholonyane was sent off with 72 minutes into the game for committing two bookable offences.

FRSC Lacks Powers To Fine Motorists – Court

The Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) lacks the powers to impose fines on erring motorists.

Justice James Tsoho held that FRSC cannot turn itself into a court of law by punishing those who commit traffic offences. The court gave this judgment in a suit filed by one lawyer, Mr Tope Alabi.

The lawyer had asked the court to declare that only a court of competent jurisdiction can pronounce a person guilty under Section 10 sub section (4) and 28 subsection (2) of the FRSC (Establishment Act) 2007 and Regulation 143 of the Nigerian Roads Traffic Regulation, 2011.

The judge declared the sections null and void for being inconsistent with Section 6 of the 1999 Constitution which vests judicial powers in the courts.

The judge also awarded N1 million as damages to the lawyer because FRSC confiscated his vehicle and driver’s license.

“It is my conviction that the plaintiff is entitled to remedy on this account,” the judge said.

Justice Tsoho held that while FRSC is statutorily empowered to arrest and fine traffic offenders, a closer look at the definition of the word “fine” means “a pecuniary criminal punishment or civil penalty payable to the public treasury.

“In the instance case, however, the involvement of the element of arrest takes the imposition of fine by the second defendant (FRSC) to the realm of criminal punishment.

“It is noteworthy that a fine, when viewed from that perspective, is a component of sentence.

“From these definitions, it is obvious that the act of sentencing is a judicial action or exercise. Imposition of fine connotes conviction for an alleged offence. This presupposes a trial and conviction of the person fined, especially having regard to the definition of sentencing.

“It is, thus, very clear that the FRSC, not being a court of law, can not impose fine, especially that it has no powers to conduct trial.

“Hence, the exercise of the statutory powers given to the second defendant under the Act as pertaining to imposition of fine is clearly a usurpation of judicial powers exclusively vested in the courts,” the judge held.

Justice Tsoho further held that FRSC’s imposition of fine on the plaintiff because of his cracked windscreen is illegal.

“In the circumstances, I endorse the plaintiff’s submission that by virtue of S.1(3) of the Constitution, the power to impose fine conferred on FRSC by the enabling Act is null and void to the extent of its inconsistency with Section 6 of the Constitution,” the judge held.

The judge said though the National Assembly is empowered to make laws, it cannot go outside the limits set by the 1999 Constitution.

“Basically, an unconstitutional legislation is null and void. That is, therefore, the effect of Section 28 (2) of the FRSC Act 2007 which has purportedly conferred power on the second defendant to impose fine, which is a judicial function. Such power is unconstitutional and unenforceable.

“The FRSC is not constitutionally vested with judicial powers and cannot and should not under any guise purport to function as a court, with competence to impose fine on alleged offenders.

“Much as FRSC seems to have passionate zeal for traffic law enforcement, it cannot be allowed to do so in breach of constitutional provisions.

“It is necessary to add that even in respect of strict liability offences, a court of law should appropriately declare the guilt of an alleged offender and then impose fine.

“FRSC’s function should not go beyond issuance of mere notices of offence,” the judge said.

“The point must be made is that it is a cardinal principle of natural justice that no person be condemned without being heard. It is in observance of this that a person alleged to have committed an offence has to respond to such allegation before a court of law during trial,” he held.

According to the judge, Alabi was issued a Notice of Offence Sheet on April 4 last year, but FRSC did not take him to court for five months before the plaintiff filed his suit on September 9, last year.

“The vital question to ask is how long would the second defendant reasonably take to commence prosecution of a traffic offence? The plaintiff was not under obligation to wait indefinitely for redress due to FRSC’s inaction or laxity,” the judge added.

The judge faulted FRSC’s practice of detaining vehicle whose drivers commit traffic offences.

“I hold the view that confiscation of the vehicle was unnecessary in the first place, though the second defendant (FRSC) spiritedly sought to justify it.

“The seemingly indefinite retention of the plaintiff’s vehicle papers and driver’s licence by officers of the second defendant is totally unreasonable, insensitive and unacceptable.
“The confiscation no doubt deprived the plaintiff of the use of the vehicle for as long as it lasted and also custody of his vehicle papers and driver’s licence.”

The judge granted 11 of the plaintiff’s 14 reliefs, and said he was awarded N1 million rather than the N10 million Alabi prayed for because “FRSC acted under the belief that it was statutorily empowered to so act,” adding that the corps’ innocent mistake “constitute a mitigating factor as to the quantum of damages.”

The National Assembly, FRSC and the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN) were the defendants in the suit.