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Compel AGF to Activate Foreign Judgment Act, Lawyer Urges Supreme Court

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A legal practitioner, Emmanuel Ekpenyong, has petitioned the Supreme Court, asking it to compel the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, to enact an order that would bring Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act into operation. Ekpenyong took this action after the Court of Appeal, Abuja Division, dismissed his earlier appeal on May 12, 2022, upholding the decision of the Federal High Court, which granted the AGF discretionary powers over the matter.

Justice Anwuli Chikere (now retired) of the Federal High Court in Abuja had earlier ruled that the AGF has absolute discretion under Section 3 (1) of the Foreign Judgments (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990, to determine whether or not to promulgate the order. Dissatisfied with this outcome, Ekpenyong appealed to the Supreme Court, seeking redress.

On May 27, 2024, the Supreme Court granted Ekpenyong leave to appeal the judgment of the Court of Appeal, giving him the opportunity to argue his case. A five-member panel, led by Justice Adamu Jauro, ruled in Ekpenyong’s favor, allowing him to challenge the decision that has stalled the implementation of the Act for over six decades.

In his latest submission to the apex court, marked SC/CR/92/2024 and filed on October 17, 2024, Ekpenyong, a human rights and constitutional lawyer, raised key questions for the court to determine. He questioned whether the AGF’s discretion under Section 3 (1) of the Act is indeed absolute or subject to judicial review. He further asked if the use of the word “may” in the statute should be interpreted as granting the AGF a mandatory legal duty to implement the order, rather than as a mere option.

Ekpenyong argued that the AGF’s failure to exercise his discretion for more than 64 years amounts to an abuse of that discretion, emphasizing that it is within the courts’ power to direct public officers to act when they fail to do so. According to Ekpenyong, the AGF’s prolonged inaction has deprived Nigerian businesses, including his own law practice, of the benefits of the Act, which is designed to facilitate the recognition and enforcement of foreign judgments in Nigeria.

The lawyer contended that, while the word “may” typically denotes discretionary authority, the context of Section 3 (1) of the Act suggests that the AGF’s discretion should be viewed as a compulsory statutory duty. He noted that the primary objective of the discretion is to enforce legal rights for Nigerian businesses, particularly in cases involving foreign judgments.

Ekpenyong also referenced the Interpretation Act, CAP I23, Laws of the Federation of Nigeria, 2004, arguing that public officers are expected to enact the necessary subsidiary instruments before the commencement date of any law. In the case of the Foreign Judgments Act, the AGF was supposed to have promulgated the order before February 1, 1961, the date set for the Act’s commencement.

The lawyer emphasized that the failure to implement the Act has created significant obstacles for Nigerian businesses seeking to enforce foreign judgments. He argued that the delay in promulgation not only hampers businesses but also violates the intent of the legislature when it passed the Act in 1960.

Ekpenyong’s appeal further highlighted that neither Fagbemi nor his predecessors have provided justifiable reasons for the failure to exercise this discretion. He contended that Fagbemi’s defense—claiming that the AGF holds unfettered and absolute discretion over the matter—fails to consider the public interest and the need for legal certainty.

The lawyer is asking the Supreme Court to overturn the Court of Appeal’s decision and issue an order compelling the AGF to promulgate the necessary order under the Act. He also requested the court to extend the Act’s applicability to Commonwealth countries and other nations as the AGF may choose, in order to fulfill the provisions of Part 1 of the Foreign Judgments Act.

If successful, Ekpenyong’s case could set a precedent for judicial review of discretionary powers granted to public officers, particularly in cases where those powers have remained unexercised for extended periods. Additionally, it would pave the way for Nigerian businesses to enforce foreign judgments more easily, potentially boosting international commerce and legal cooperation.

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Alia Gets APC Nod for Second Term in Benue

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By Samson Adeyanju

The Governor of Benue State, Hyacinth Alia, has successfully passed the screening exercise of the All Progressives Congress (APC), ahead of the 2027 governorship election and has been officially certified to contest the party’s primaries.

This was contained in the statement issued by his Chief Press Secretary, Sir Tersoo Kula.

The screening exercise was conducted on Sunday at the Plateau State Governor’s Lodge, venue designated for the screening of incumbent governors seeking the party’s ticket for the forthcoming elections.

The screening committee was chaired by the National Chairman of the All Progressives Congress, Nentawe Goshwe, who led the process to assess aspirants seeking to fly the party’s flag in the 2027 gubernatorial elections.

Governor Alia’s Expression of Interest and Nomination forms were procured by the Benue State chapter of the Nigeria Union of Pensioners and the Benue State Motorcycle Association.

Leaders of the two groups attributed their support for the governor to what they described as the remarkable transformation witnessed in the state under his administration, as well as his people-oriented style of governance. They said the governor deserved another term to consolidate ongoing developmental efforts across the state.

Political observers and stakeholders have described the certification as a major boost to Governor Alia’s political standing within the APC, particularly amid ongoing consultations and strategic alignments ahead of the 2027 general elections.

Governor Alia, who was elected in 2023 on the platform of the APC, has consistently highlighted infrastructural development, security improvement, civil service reforms and social welfare programmes as key priorities of his administration.

His successful clearance by the screening committee is also expected to trigger increased political activities within the APC as preparations intensify for the next electoral cycle.

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CSN Calls for Inclusive, Just Energy Transition in Nigeria

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By Tony Abah

The Secretary General of the Catholic Secretariat of Nigeria, Rev. Fr. Michael ‘Leke Banjo, has called for a people-centred and morally guided energy transition in Nigeria, warning that development must not continue to benefit a privileged few while leaving vulnerable communities behind.

Speaking at the GreenFaith Nigeria Multifaith and Multisectoral Forum on Nigeria’s Just Energy Transition Plan held on May 7, Fr. Banjo said energy should not be seen merely as an economic issue but as a matter tied to “life, health, education, work, food security, industrial growth, national stability and human dignity.”

Addressing participants at the forum themed, “Faith, Justice, and Power: Advancing an Inclusive Just Energy Transition in Nigeria,” the Catholic priest welcomed members of GreenFaith Africa and other stakeholders, describing the gathering as a shared effort to defend creation and promote justice.

“We gather today not merely as advocates, policy actors or religious leaders, but as stewards,” he said. “We gather to ask a deeper question: what kind of future do we want to leave behind, and who will be allowed to share in it?”

Fr. Banjo stressed that true development should not be measured only by “megawatts, investment figures or economic indicators,” but also by how society treats “those on the margins of energy poverty” and communities already suffering the effects of climate change.

Drawing from Scripture and the 2015 encyclical Laudato Si’, he described creation as “God’s gift entrusted to our responsible care,” insisting that environmental stewardship must go hand in hand with development and innovation.

The cleric lamented the environmental degradation affecting different parts of Nigeria, citing oil pollution and gas flaring in the Niger Delta, desertification in the North, gully erosion in the South-East, and flooding in parts of Kogi State and Benue State.

“In our cities, plastic waste and poor sanitation have turned public spaces into sources of disease and avoidable hardship,” he said. “When we fail to keep the earth, the earth becomes wounded; and when the earth is wounded, human dignity is also wounded.”

Fr. Banjo called on governments at all levels to develop “clear, consistent and just policies” that would protect affected communities, expand access to affordable clean energy, support small businesses and create decent jobs.

He also urged investors and development partners to ensure that renewable energy investments are guided by conscience and accountability.

“The new energy economy must not reproduce old injustices in cleaner language,” he warned, adding that policies should encourage local capacity, community ownership, skill development and transparency.

Beyond government and institutions, Fr. Banjo challenged ordinary citizens to embrace environmentally responsible habits, including proper waste disposal, water conservation, tree planting and keeping public spaces clean.

“We must stop throwing refuse into gutters, streams and open spaces,” he said. “In these simple daily choices, we show whether we truly understand that creation is God’s gift and our common home.”

He commended GreenFaith Nigeria, GreenFaith Africa and The Kukah Centre for promoting climate justice and interfaith collaboration, assuring them of the continued support of the Catholic Secretariat of Nigeria.

“The Catholic Secretariat of Nigeria stands ready to walk with you in this effort to protect creation, uplift the poor, and advance a truly just energy transition for our nation,” he said.

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Alia, Akume, Suswam Meet as Benue APC Moves to Rebuild Unity

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By Samson Adeyanju

Governor Hyacinth Alia has commended stakeholders of the All Progressives Congress in Benue State for their commitment to reconciliation and party unity following a high level meeting held at the New Banquet Hall of Government House, Makurdi.

In a statement issued on Monday by his Chief Press Secretary, Sir Tersoo Kula, the governor expressed appreciation to party leaders and stakeholders who attended the reconciliation meeting convened to strengthen cohesion within the party.

Among those present at the meeting were the Secretary to the Government of the Federation, George Akume, former Benue State Governor, Gabriel Suswam, former Deputy Governor Chief Stephen Lawani, past and serving members of the National Assembly, members of the Benue State House of Assembly, federal government appointees, and other party stakeholders.

Governor Alia said the large turnout of influential party figures reflected a shared resolve to promote unity, stability, and progress within the APC in Benue State.

He particularly praised the peaceful atmosphere of the meeting and the spirit of reconciliation displayed by participants, describing the outcome as a significant step toward rebuilding trust, confidence, and togetherness among party members.

According to the governor, the resolutions reached at the meeting would usher in a new phase of peace, harmony, and cooperation within the party.

He urged stakeholders and their supporters to sustain the reconciliation process through dialogue, mutual respect, and collective responsibility in advancing the interests of the APC and the development of Benue State.

Governor Alia also wished all stakeholders success in their political aspirations and called for continued collaboration in the pursuit of peace, development, and good governance in the state.

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