Why I swore in new Chief Justice, by Kutigi

IN SPITE of the controversy over his legal powers, the out-going Chief Justice of Nigeria, Justice Idris Legbo Kutigi, yesterday, in Abuja, swore in Justice Aloysius Iyorgyer Katsina-Alu as the 11th Chief Justice of Nigeria.
Not a few senior lawyers, especially members of the Inner Bar, had strongly argued that the laws of the nation neither allowed, recognised nor envisaged an incumbent Chief Justice of Nigeria, CJN, swearing-in his successor because, by doing that, it would mean that the nation would have two substantive Chief Justices at the same time.
They had argued that such situation would be absurd and should be avoided.
It was also their contention that since 1958 when the first indigenous Chief Justice of Nigeria, Justice (Sir) Adetokunbo Ademola, was sworn into office till the time of Justice Kutigi, who is the 10th Chief Justice, the Oath of Office was administered on each one of them by the Head of the Federal Government, the appointment being a political one.
They had also argued that even if there was no clear-cut constitutional provision stopping an incumbent CJN from swearing in his successor, the practice since 1958 was already a norm which ought not  be disturbed.
But, the out-going CJN, Justice Kutigi who sworn-in his successor yesterday faulted the arguments of the senior lawyers, saying they lacked merit.

SWEARING-IN—Outgoing Chief Justice of Nigeria, Justice Idris Kutigi (right) congratulating incoming Chief Justice of Nigeria, Justice Aloysius Katsina-Alu after the swearing-in ceremony of new CJN and President, Court of Appeal in Abuja, yesterday. Photo by Gbemiga Olamikan.

Kutigi, who administered the Oath of Office on Justice Katsina-Alu, yesterday, however, said he was still the number one judicial officer in the country and would be in charge of the third arm of government until he formally bowed out of the Bench.
The Kutigi-born jurist, few hours after the swearing-in of Justice Katsina-Alu, hit the mandatory retirement age of 70, and is due to formally bow out of the Supreme Court Bench today.
Only six serving justices of the Supreme Court graced the event yesterday.
They are Kutigi, who administered the oath; Justice John Fabiyi, who was recently elevated to the apex court Bench; Justice Tanko Mohammed; Justice James Ogebe; Justice Coomasie and Justice Mahmoud Mohammed.
Nevertheless, politicians, judicial officers, serving and retired from various courts graced the occasion. Also present were the governors of Benue, Rivers, Kwara, Enugu and Bayelsa states.
Kutigi blasts critics
In a nine-minute remark by Justice Kutigi on the occasion which had all the trappings of a court ruling, he said:
“I thank the Almighty God Allah who brings us together today to witness this epoch-making event. For the first time in the history of this country, the Chief Justice of Nigeria has sworn-in the in-coming.
“It is the first time (clapping). That it is the first time is not the fault of anybody. This is because the law has always been there. The swearing-in of the CJN is either done by Mr President or the outgoing or retiring Chief Justice. Now the occasion arises to perform the function which I have just done.
‘I am aware that this has generated a lot of commentaries and controversies from people who were supposed to know. The law is there. There is nothing new.
“If you look at the Oath Act 2004, you will see the provision there where the CJN, justices of the Supreme Court, President of the Court of Appeal and the justices of the Court of Appeal, among others, are all listed in a column, all of them, according to the Act are to be sworn in by the President or the Chief Justice of Nigeria.
Kutigi justifies action
‘The provision is there and it has always been there.
“That the outgoing CJN has never done it does not make it wrong. The law is clear.
“If you also look at the 1999 Constitution, it also makes it clear: that the person who has the responsibility of swearing-in the new CJN is the Chief Justice of Nigeria.
‘What I am saying is that there is nothing new about it. The law is there but for the first time we are just using it today.
‘And, let me say that I will be attaining the age of 70, Insa Allahu, by midnight today (clapping)
“The law requires me to bow out at the age of 70 and so I should bow out tomorrow (today).
“So, make no mistake about it, I am still in charge. (clapping again and laughing)
“I said this because I don’t want mischief-makers to go and write in the papers that there are two CJNs in Nigeria .
“Until I retire tomorrow, I am still in charge.
“Ladies and gentlemen, being a member of the judiciary myself, a member of this court, I can say that the new CJN who has just been sworn-in is the 11th indigenous Chief Justice of Nigeria (clapping).
“The President of the Court of Appeal who has also just been sworn in is the fifth President of the Court of Appeal.
‘I have been at the Supreme Court since 1992.

Justice Aloysius Katsina-Alu taking oath of office as the new Chief Justice of Nigeria

“I have worked with both of them. I have worked with Justice Salami at the Court of Appeal while I was there and all along while I was at the Supreme Court, the new CJN joined me here two years after I came here. “We know each other very well.
I can tell you that he knows his onions. Very hardworking. I can assure you that you will enjoy him.
“I say congratulations to both of them.
“I have nothing more to add but to say that I am very grateful. I didn’t know that this hall will this be filled. By the grace of God, we shall continue to do our best in the judiciary. Thank you very much,” he added.
Justice Kutigi, who administered the oaths of office was the 10th indigenous CJN.
His predecessors included Justices Adetokunbo Ademola, Taslim Olawale Elias, Sir Darnley Alexander, Atanda Fatai-Williams, George Sodeinde Sowemimo,  Gabriel Ayo lrikefe, Mohammed Bello, Muhammadu Lawal Uwais and Salihu Moddibo Alfa Belgore, most of who are dead.
Enter new Chief Justice
The new and the 11th Chief Justice,  Justice Aloysius Katsina-Alu, was born on August 28, 1941.
He pursued his legal training at the Law Faculty of the Institute of Administration , Ahmadu Bello University, Zaria,  between 1963 and 1964, before proceeding to London .He attended the Inns of Court School of Law, Gibson and Weldon College of Law, School of African and Oriental Studies, University of London from 1964-1967.
He obtained the Degree of Utter Barrister.
Prior to the commencement of his legal studies, his Lordship had formal military training at home —Nigeria MilitaryTraining College,  Kaduna, 1962, and abroad —Mons Military Training College, Aldershot, England, 1962-1963.
He also holds a diploma in Business English (1972).
Justice Katsina-Alu was enrolled to the English Bar in October 1967 and to the Nigerian Bar on June 28, 1968.
He worked as a private legal practitioner in 1968 and between 1977 and 1978.
Between 1969 and 1977, he worked as a Legal Officer at the Nigerian Ports Authority, Lagos .
In 1978, he became the Attorney-General of Benue State until 1979 when he was appointed a Judge of the Benue State High Court.
From the High Court of Benue State, he was elevated to the Court of Appeal Bench in 1985.
He served as a Justice of the Court of Appeal until 1998, when after 20 years post-call he was appointed a Justice of the Supreme Court in November 1998.
He has been on the Supreme Court Bench until recently when he was elevated and sworn-in yesterday as the 11th Chief Justice by Justice Kutigi.
He is an awardee of the National Honour of the Commander of the Order of the Niger, CON, in recognition of his services to the nation.

Lagbaja Tells His Story

Lagbaja is a musical phenomenon that needs no introduction. In   this Christmas special interview he opens up on his growing up and shares his experiences with robbers Ego his former female vocalist and more. Its most revealing as you’s soon find out. Enjoy.

Let’s go back to the good old days. What was is it like?

It’s exciting. Every once in a while, I get to speak with people who have been in the thick of it, from the very beginning, who can write the history of how everything went.

It’s really nice and I always appreciate that opportunity, especially knowing that you guys have been supportive all these years.

From what you know yourself too, for any artiste, may be not every artiste but often, whatever would be big long time might not start up easily. So, it was definitely tough and rough at the beginning.

The Lekki Sunsplash concert  is an example of the baptism of fire. But the good thing about it that is that when you have a vision, once you can overcome such obstacles, you are prepared for whatever, because at that time, those were huge audiences and you don’t have such festivals happening much at the beach these days. It was an experience that made you more committed and you just have to keep doing your thing the best way you know how to.

What went wrong on the day of the concert?

Nothing really. If you remember very well, three other artistes had been stoned off the stage. What I remember very well was, it was a very big festival organised by DP Lekki limited and it usually had these huge pieces of equipment from 7-Up that you could hear the sound from the roundabout at Lekki.

That was their first year of using a different PA that wasn’t from 7-Up and there was really no power. Even before we went on stage, I went to complain to them because I care about technical things.
I went right into the mixing stage because I knew the people who were mixing there to ask what the problem was. They explained it was the generator.

A professional would decide not to perform on that day. My brother, you go remember the story of Anita Baker, when she came to Nigeria. And Nigerians were yapping her because she refused to perform, that she didn’t respect her audience.

That’s not the issue. The issue is that an artiste has something he wants to project and how he wants to project his product. I don’t know the full circumstances of what happened with Anita Baker but I know she must have had a real reason after coming all the way from US to refuse to go on stage.

It wouldn’t be for any crap. It will be for a solid reason.
The same thing on that day, the normal thing will be to say I wouldn’t perform but here you are- you are new.

So, in our very small environment, we all know each other. The next thing is,  ‘ha the boy is troublesome, he is making trouble. He said he won’t play again.’

But the terms of the contracts stipulate that you have the right as an artiste, if the PA is not good enough, you could refuse to perform there and you’ve got to be paid.

So, an example of what could happen when you have such circumstances is what happens on that day. At least three artistes before us, the people were already throwing things because they were unhappy. The large crowd and the sound not over powering them, there will be trouble.

So, it was worsened by the fact that you are a new artiste. They don’t even know your songs yet and here comes a man with a mask. We can’t even hear what they are playing or doing. Is this a joke? And then, it was already getting late in the evening and the audience was restrictive.

It took us about 30 minutes to set up the equipment on that day. This itself contributed to the restiveness of the audience.

So, these technical things, plus the fact that you were new, and added to it you had a mask, it was just too much for the crowd. They threw banger, anything on stage.

After the first song, we had to leave the stage. That’s the basic story.

Between the period you were growing up and when you became a masquerade; did you play music?

I was into music. Lagbaja as a concept had always been there at the back of my mind for many years. Even when I came to Lagos, played the bands, worked in studios; it was there.

I wanted a concept that would communicate something but I never started definitely. It took a while. I was skeptical at the beginning to make music a full time career because I had so many oppositions from family, friends. And on my part ,I was nervous.

As a matter of fact, a friend of mine got me a job with a bank in Kano. And my parents couldn’t understand why I had to go into music after school.

But it was a gradual thing until I went into serious meditation about life- why am I here. What do I want to do? Would I just choose a life of comfort and income or would I choose my passion?

So, I decided to choose my passion and I decided to do it full time. Then, I went into Lagbaja. So, it was always there. As a matter of fact; the first Lagbaja costume which is what you’ll find on the cover of our first album, the one we called Lagbaja that contains ‘Ikira, Side By Side and so on. That costume was sown like in 1985, 1986.

The album itself was 1993. That tells you how long the concept stayed and the green and red Adire costume sewn by one tailor at Ilupeju was already under the bed waiting for me to…

And it wasn’t easy when you did start…

Better not to be easy. Here we are in 2009. My first album was in 1993. Tell me how many artistes of my generation and contemporaries are still around today to give you that history.

Better to have started rough which will make you tough and then, anything else that comes your way will be nothing because you’ve overcome tough tasks at the beginning,  than for you to have it easy and then be shocked by tough things coming your way and then you are in trouble.

I want Lagbaja to go back to High School days and talk about classmates like Shina Fagbenro of the Tropical music fame, when you were at Ibadan High school.

There was no high school that I’m going to agree with you today. Go back and meet your friends… Who told you about one High school somewhere? (Laughs)

I actually  produced the first demo for Tropical Music at African Sings. Two years later, he went and made the full album on EMI.

I still remember some of the guys you schooled with,  the likes of Bay…
No, I deny.

Lagbaja denies his friends…

No, never denies my friends but I deny your so-called school.

But you were in Government College, Ibadan?

Who says! (Laughs). Lagbaja just dropped from somewhere. Now, the guy who went to Government College, Ibadan doesn’t wear a mask, that is the catch.

After the first and the second album, you became a  hit…

The first album did well too. But that second one was the first big bang. It contained Koolu Temper, Baby ta ni ko fe wa  and co.

What changed when Lagbaja blew up?

What changed most was from the people’s perception, just knowing me and appreciating me more. From my own perception, not much changed. Ehe, when you’re accepted, it becomes easier for you to communicate.

Does Lagbaja eat?

Ah! Lagbaja, he takes off his mask, hides in the corner, he must chop 0! (laughs)

Lagbaja does not eat and drink. I say he go commot the mask. After he commot the mask, the guy way commot am go go chop. Masquerade must not die on stage o!

So Lagbaja dey go toilet too?

He must take off everything go, or else if we deceive ourselves, masquerade go die for stage o! (Laughs)

How do you feel inside the mask?

That’s part of the suffer head of this mask. No be say the thing hot, hot is a mild word. The thing tough gan. That’s why I say pirates suppose to spend like 10 years in prison. Because if him know the suffer head wey I take to do my records, he no go pirate the records them.

Does Lagbaja react to women?

He must now. They are the most beautiful creatures. Is it possible not to react? You must react. But when you react, it has to have limitation. You react appreciatively.

How does your family feel today that you are a different person from the man they used to know?

For one thing, they were not really against me. They were just scared for me. So, the tough aspect of it was in thinking I was making the wrong decision. But as a person, they knew me and I tried to convince them that their fears wouldn’t come to pass.

Their biggest fears were drugs, fast life and stuffs like that.  All I want to do is be a good musician which is my passion.

Today, they’re happy for me. It was just a tough thing for them to swallow as a person. It’s only now that it’s being accepted that some careers are not for the riffraff. At that time, parents would stop their kids from going into music, soccer.

Now, they’ve found out that there are different talents. The main thing is avoiding the negative sides which your business opens you to. So, they are happy for me today. So, I consider my parents as a major part of my success.

Do you still relate with them?

Definitely!

As Lagbaja, or their son?

Lagbaja is Lagbaja and doesn’t know any other thing aside Lagbaja.

How does a Baptist Minister react to a son who chose to become a masquerade?

Who is this son of a Baptist Minister and who’s this minister? (Laughs)

Does Lagbaja unmask before going to see his parents?

Once the mask is off, then, you can walk on the streets without anybody knowing who you are and who’s beside you. One of the biggest benefits of the mask is being without the mask gives you freedom, opportunity to feel the fabric of society which will be impossible with the mask.

Because then, you’ll only be seeing the celebrity treatment without the opportunity to experience the real society.

Sometime ago, a robbery incidence took place on Adeniyi Jones and Lagbaja was attacked and the story reported was that the reason you moved.

So, people don’t get to know that the fella who’s lived with them for so long was Lagbaja?

So, you were the one that wrote that piece?

No But Vanguard did publish the story. What really happened?

I left that place because I wanted to be near Motherland. You know how Nigeria is now and we thank God that we are still here talking today. That day might have been the end. That’s another of the disadvantages of not having the mask.

Because if they knew it was Lagbaja, they wouldn’t attack me. But a guy without a mask, you are just game. It happened right in front of the house and we were coming from rehearsal, and it was who is speaking without his mask, plus Ego and the guitarist.

And as we were just parking at the gate, the guys were as usual walking around. One came up with a guy but somehow in six seconds, l sensed something was wrong. I took off faster that Ben Johnson and Usain Bolt put together.

They came after me shooting kpa kpa kpa . We picked shells on the floor the next day. I escaped into the gorge near my home but then they took Ego and Akin into my home.

Have you children and how do you  relate with them?

I don’t know this guy you’re talking about. You need to go find him so that he could talk about himself (laughs).

But he’s already talked about his father!

When?

In the middle of the interview!

I need a lawyer.

I have a recorder here remember?

I need a lawyer.

You don’t wear mask at home, do you?

Definitely not

Let’s talk about growing up.

Growing up like every Nigerian was a great experience at that time, because Nigeria was more laid back then. My biggest memory was having the freedom to walk  to school everyday, no fear of kidnappers. School was like some 40 minutes away.

Where was the school?

In Ibadan, that’s all you’ll get out of me (laughs). The high school was a boarding school. So, there was no need to walk anywhere. But primary school was day school.

So, believe  me, you cannot imagine how much I missed  that childhood experience of absolute freedom. You are back from school and when you do your home work, you are gone. They know you are probably in your friend’s house somewhere.

It was a great time and I wish Nigeria can go back to those times. I lived in an environment without fences, no fears. My first experience of serious fences was when I came to Lagos.

Were you part of the formation or you joined later, the group called Sound Incorporated…

Sound Incorporated from what I understand was the school my producer went to, and he was a part of the band. Definitely, the band had been in existence since the beginning of the school. It was a school band.

Who are Bisade’s contemporaries?

You have to ask Bisade himself.

But I can give you their names?

My producer, where are you- o?

Okay, I can give Bisade some of the big names that rocked…?

(laughs) He’ll have to come and talk about it himself.

But Bisade also talked about Shina Fagbenro…

Because Lagbaja knows Shina Fagbenro.

So now, I want to talk about Sound Incorporated. The Bisade you knew who was your classmate?

No!

He was your friend! Was that where you were molded into what you’re today?

I don’t know what you want me to answer for Bisade. I don’t know about him.

And I’ll never answer for any other person apart frm me, Lagbaja. But I was molded musically before I was in high school. I was playing music little by little. My first instrument was a harmonica called mouth organ here.

My first experience with a saxophone was in the home of a neighbour called John Redhead. His dad was a professor. He had a sax  from school. And the second saxophone in the same neighbourhood on the same street belonged to my dad’s friend but his was like in the garrage, not used anymore.

But John’s was marvellous to behold, all those things gingered the interest. And on the same street, the No 1, they had a piano in the house.

And a street that was off that street, a  friend of mine was there called Ene Tamuno, the son of Professor Tamuno. This tells you I grew up in a university environment, (laughs).

Ene had a piano, we used to go there to play. I always had that interest but not as it was, not as  if music was going to be a profession. That time was the formative years and this was long before High school.

The kid didn’t just disappear. He grew up to go to high school?

Fortunately, he did.

Go ahead with the molding stage…

That is it! Anything beyond that, I need a lawyer (laughs)

Do you miss Ego sometimes?

You must miss somebody you creatively worked with for many years and who’s very talented. But not miss as in the terms of creativity. I work with a lot of creative people and sometimes, it takes a while before people can understand the metamorphosis of things.

The girl that has been singing in this band for more than two years now. I asked people, they didn’t know her until they saw her on ‘Naija sings’. That was Tamara who came second. She’s been with the band for at least one year before Ego left.

But we are a very visual society. If they never saw her on television, in a video they’ll never appreciate her with me. But that’s a powerful, talented singer also.

So, there’s nothing to miss in terms of artiste’s creativity. Now, Tamara will soon leave because with the success on ‘Naija  sings’, she’s got to build on that and move on.

Somebody else will come in because I love to have the lovely voice of female because I compose for them.

I just miss Ego’s personality and working relationship, nothing is lost musically. I featured Benita in my new album. She sang ‘Irowe’, a Benin song.

It’s part of my creative artistic endeavour but she’s not in my band..
Do you still assist those that have left, musically or otherwise?

Not in that line but I’m open to assist any day. That’s why I called Benita to feature in my album. I could feature her album too.

So, if they call you…

Yeah! As a matter of fact, initially, I had promised that I’ll make some stuff with Ego but I think her choice of songs are a bit of more soul and R&B than my traditional cultural…. It’s R&B in terms of vocal delivery and composition, arrangement.

Terror attack: CIA, FBI quiz Farouk’s dad

TO  unravel the mystery and puzzle called Umar Farouk Abdulmutallab, the 23-year-old Nigerian who tried to blow up a US plane, the father, Alhaji Umaru Mutallab, was yesterday quizzed by American security operatives, the Central Intelligence Agency, CIA  and the Federal Bureau of Investigation, FBI, agents in Abuja.
This is coming just as Umar Farouk’s roommates in Yemen local language institute where he was studying Arabic confirmed that he led a devout life and shunned music and women while he stayed in Yemen.

A source at the US embassy in Abuja said: “I can confirm that Umaru Mutallab was summoned to the desk office of the US embassy in Abuja where he was interrogated by men from the CIA and FBI on Monday.

CIA and FBI questioned him about his background and that of his son, Umar Farouk Abdulmutallab.’‘
The father had earlier this year warned US diplomats in Abuja that his son was an extremist threat.

Abdulmutallab led devout life in Yemen

Meanwhile, the roommate of Abdulmutallab, said the would-be-bomber led a devout life and shunned music and women while he stayed in Yemen.

Yemeni officials have confirmed that Abdulmutallab spent time in Yemen just before the attempted Christmas Day attack and that he studied Arabic at a local language institute.

His roommate, Ahmed Hassan, told The Associated Press yesterday that the Nigerian would sometimes disappear from the suite they shared without any explanation. One of the teachers at the institute, Ahmed Mohammed, said  Abdulmutallab spent the last 10 days of the holy month of Ramadan sequestered in a mosque and attended barely four hours of the 20-hour course he enrolled in.

US admits security failure

President Barak Obama yesterday lashed out at systemic intelligence failures over an attempted attack on a US jet. This is coming amid reports Wednesday that Washington was planning reprisal strikes against targets in Yemen. The US president was told Tuesday there had been warnings of possible Christmas holiday attacks, and information that the Nigerian would-be bomber was a threat, but the data was not properly distributed.

“A systemic failure has occurred and I consider that totally unacceptable,” Obama said, breaking his Hawaii vacation for a second straight day as recriminations mounted over the botched December 25 attack. Obama said, “there was a mix of human and systemic failures that contributed to this potential catastrophic breach of security. We need to learn from this episode and act quickly to fix the flaws in our system because our security is at stake and lives are at stake.”

Kutigi: Swearing-in of New CJN in Order

Amidst controversy and for the first time in the history of the country, the outgoing Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi, yesterday swore in Justice Aloysius Katsina-Alu as his successor, saying there are no two CJN.
He also inaugurated Justice Isa Ayo Salami as the President of the Court of Appeal.
Traditionally, the president swears in the chief justice. But President Umaru Musa Yar'Adua has been in Saudi Arabia for more than a month receiving treatment for a heart condition.
His failure to write a letter to the National Assembly that would enable the vice-president take over in acting capacity has resulted in the present situation.
Kutigi said he was still in charge as of yesterday and that the law empowered him to swear in an incoming CJN.

“There is nothing new, the law is there. I will be attaining the age of 70 years Insha-Allah by the midnight. The law empowers me to bow out at the age of 70, so make no mistake, I’m still in charge. I don’t want mischief makers to write that there are two Chief Justices, I’m still in charge," he said.
Kutigi justified the swearing in, which he said is backed by the letter and spirit of the Oaths Act.
"It is the Oaths Act, if you looked at the Oaths Act, you will see that the President and the Chief Justice can swear in the incoming CJN. The law is clear. If you looked at the constitution, the constitution also makes it clear,” he added.
Kutigi who publicly acknowledged the ceremony is novelty in Nigeria stated that “for the first time in the history of this country, a sitting Chief Justice has sworn in the incoming; this is the first time."

He continued: "It is happening not because of the fault of anybody because the law has always been there that Mr. President or the Chief Justice can swear in the incoming. Now the occasion has arisen and we are to perform the function. This has generated a lot of issue even from those who are to know."
The outgoing CJN who expressed surprise at the large crowd that gathered to witness the event thanked Nigerians for their support.
He congratulated the newly sworn-in officials who have been cleared for the job by the Senate about two weeks ago.
At the event were Governors Gabriel Suswam (Benue), Bukola Saraki (Kwara), Rotimi Amaechi (Rivers), Sullivan Chime (Enugu) and Timipre Sylva (Bayelsa).

There were also Justices of the Supreme Court namely Dahiru Musdapher, John Fabiyi, James Ogebe, Mun-taka Coomasie, Mahmed Mohammad and Tanko Muha-mmad.
Others are the heads of courts of various jurisdictions, ministers and members of the inner bar.
There have been several reactions from lawyers and other Nigerians to the swearing in.
While some term Kutigi's action as a dangerous and "illegal" act, others side with the argument raised by Attorney-General and Min-ister of Justice Michael Aoondoakaa (SAN).
Aoondoakaa had argued that the power to swear in the new CJN or any other senior judicial officer in the country not only reside with the president but also with the CJN.
The Oaths Act in his view provides for that.
The National Judicial Council (NJC), which had initially fixed the swearing in for Thursday (today) later brought it forward to yesterday.

The council in a statement issued in Abuja had said: “The swearing-in of Justice Aloysius Katsina-Alu as the Chief Justice of Nigeria and Justice Isa Ayo Salami as the President of the Court of Appeal has been shifted from Thursday, 31st December, 2009 to Wednesday, 30th December, 2009, at the Supreme Court of Nigeria.
“The change in the date is informed by reasons beyond the control of the Chief Justice of Nigeria and Chairman of the National Judicial Council.”
The Secretary of the NJC, Danladi Halilu, had Monday said the new CJN and President of the Court of Appeal would be sworn in today.
Also, the Attorney-General of the Federation and Minister of Justice had at the weekend said Kutigi would swear in the two justices as the constitution empowers him to do so.
Human rights lawyer, Mr. Bamidele Aturu, said Kutigi’s swearing-in of Katsina-Alu was an illegal proposal that is fraught with dangers.

He noted that commonsense shows that the CJN could only swear in all the other judicial officers listed in section 2 except the CJN because doing that would mean having two CJNs in office at the same time.
Aturu argued that for an outgoing CJN to swear in a person to occupy the office of the CJN, his term of office must not have expired, adding that the moment he swears in another before the expiration of his term, there would be in existence at the same time two CJNs.
Chief Felix Fagbohungbe (SAN) said the whole controversy surrounding the swearing-in of Justice Katsina-Alu was a calculated attempt to avoid and undermine Vice-President Goodluck Jonathan.
Wondering why those in government do not want the proper thing to be done, Fagbohungbe said he would be surprised if Justice Katsina-Alu would allow himself to be used to perpetrate illegality.
But former President of the NBA, Chief O.C. J. Okocha (SAN), said there was nothing wrong with the outgoing CJN swearing-in the new one.
Mr. Tayo Oyetibo (SAN) said it was legal for Kutigi to swear in the new CJN, saying that if Kutigi could do that before his tenure expires, there was nothing illegal in the act.

FG to Buy Full-Body Scanners for Airports

In the wake of the attempted bombing of a United States-bound plane on Christmas day by Nigeria’s Umar Farouk AbdulMuttalab, the Federal Government has said it will now go for 3-D full body scanners at the nation’s airports.
Government also listed new security measures it has put in place in the light of the development.
AbdulMuttalab had boarded a KLM flight from Lagos to Amsterdam from where he was transferred to a Northwest flight 253 to Detroit, US, which he attempted to blow up.
The device failed and he was subdued by some passengers on board. Abdulmutallab is now facing charges for trying to blow up the plane.
Speaking to newsmen yesterday at a world conference in Lagos, the Director-General of the Nigeria Civil Aviation Authority (NCAA), Dr. Harold Demuren, unfolded the new security arrangements at the airports, saying strict compliance is demanded of air travelers at all times.

He said the country would in a matter of days upgrade its security screening system to 3-D Imaging Scanners in all the airports.
According to the new security measures, no person including crew members should be allowed to board an aircraft without passing through all aviation security screening procedures.
All the formalities and 100 per cent examination is mandatory for all passengers.
Demuren said secondary screening of passengers and carry-on luggage should be total and performed for all departing flights at the boarding gates including body search.
“It is mandatory to conduct 100 per cent physical inspection of all passengers’ accessible property at the boarding gate prior to boarding,” he said.

The Director-General also said liquids, gel and aerosol should not be allowed on board aircraft without compliance with the requirements of 100ml for liquids and placed in transparent resealable plastic bags.
“100 per cent screening of checked-in baggage must be performed and positive passenger baggage match (PPBM) should be carried out. Thorough security check on catering, fuel and maintenance vehicles accessing the airside must be conducted,” Demuren added.
He said for the avoidance of doubt, all airlines had been directed to ensure that any passenger that refuses to comply with 100 per cent screening should not be allowed to board.

Government has also threatened to suspend the operations of any airline that failed to abide by any of these security measures.
It threatened to punish any security official at the airport or any aviation worker who flouts the measures that have been introduced.
AbdulMuttalab went through screening in Lagos and Amsterdam without being detected.
Since that event, security has been beefed up at the nation’s airports to ensure that no passenger boards any flight with similar lethal weapons or any article that is forbidden by international aviation laws.
Though 100 per cent screening of passengers will cause a lot of delay but some aviation officials are of the view that it is necessary because “the ultimate thing is the safety and security of passengers and other airport users”.
AbdulMutallab was said to have passed through the airport screening machines like any other passenger during the out-bound journey from Nigeria to Amsterdam on December 24 and, according to close circuit television (CCTV) footage at the screening section of the airport, “the suspect followed the instruction, just like other passengers and passed through the screening machine”.

A source disclosed that prior to this incident, FAAN had ordered for 14 more screening machines and nine had already been delivered, saying that in the next few days these would be distributed to some airports in the country to boost their security system.
“The ageing machine will be removed and replaced with the new ones in the first or second week of January. We use Rapiscan screening machines, which are the type that is used in most airports in the world,” the source said.


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Oil Spills: Dutch Court to Try Shell

A Dutch court has said it has jurisdiction over a case of alleged oil spills brought against Royal Dutch Shell’s subsidiary in Nigeria by four Nigerian farmers and Friends of the Earth, a court spokeswoman told ANP-Reuters yesterday.
“The court has decided that it is competent, so we will be handling the case,” said the spokeswoman.
“The facts are connected and for reasons of efficiency the cases against Shell and Shell Nigeria will be handled jointly.”
This case, brought by four Nigerian victims of Shell oil spills from three Nigerian villages, in conjunction with Friends of the Earth Netherlands, began on December 3, 2009, in the court at The Hague.
This is the first time in history that a Dutch company has been brought to trial before a Dutch court for damages abroad.
The four farmers and fishermen who lost their livelihoods after oil leaking from Shell pipelines spilled over their fields and fishing ponds, are claiming compensation.

Reports contained in “remember saro-wiwa” website indicate that the victims subpoenaed both Shell’s subsidiary in Nigeria and Shell’s Dutch headquarters, alleging that as “the result of the company’s negligence, agricultural lands have been devastated, drinking water polluted, fish ponds made unusable and the environment and health of local people harmed”.
Shell denied all responsibility and insisted that the Dutch court has no jurisdiction over its Nigerian subsidiary.
At a hearing at The Hague earlier this month, Shell disputed the court's jurisdiction to entertain the case and argued that such a case should be handled by a Nigerian court.
The oil major also said it could not be held accountable for the oil leaks as they were caused by sabotage.
At Shell’s request, the court had to address the issue of jurisdiction first by ruling on whether Shell Nigeria can be called to account before the Dutch court, before considering whether Shell parent company is liable for the pollution in Nigeria.
However, with yesterday’s court ruling that it has jurisdiction, the issue of whether Shell Nigeria can be called to account before the Dutch court has been laid to rest.

The court said that in order to handle the case properly, both Shell and its Nigerian unit should be heard.
It also said that “it is not unusual” in the Dutch jurisprudence to rule on events that happened outside the Netherlands.
Shell said yesterday it was disappointed with the court’s ruling.
“We are disappointed by the court ruling,” a Shell spokesman told Dow Jones Newswires.
“There are good arguments on which the court could have concluded it lacks jurisdiction. This [case] is a pure Nigerian matter,” he added.
The trial will continue in February next year.

According to the court spokeswoman, Shell will be able to enter a statement of reply to the claims on February 10.
But Friends of the Earth Netherlands expressed delight at the ruling.
“Now we can start the real lawsuit about whether Shell is responsible and how much they have to do to compensate the damage,” a spokeswoman for the environmental group said.
Speaking on behalf of the victims in Nigeria, Chima Williams, Counsel of Enviro-nmental Rights Action (ERA), was quoted by “remember saro-wiwa” website as saying that: “These people have tried in many ways to get Shell to clean up the mess, but they have got nowhere. Now, as a last resort, they are trying to obtain justice in the Netherlands.”
The ruling which could set a legal precedent for multinationals in the Netherlands, is “an initial victory for all Nigerians that have been fighting for years for a cleaner habitat and justice”, Friends of the Earth Netherlands said in a statement.
The case was also a matter of principle for Friends of the Earth Netherlands.
“In many countries, including Nigeria, the legal system is inadequate, and it is thus crucial that a company can also be brought to trial elsewhere,” the environmentalist group said.

Mohammed: My Mother’s Death Has Left a Vacuum

As the Babangidas grapple with the loss of their matriarch, Maryam, her first son, Mohammed, has described his last moments with her as a wonderful experience, saying she has left a vacuum in the lives of every member of the family.
Maryam Babangida died last Sunday at the age of 61 in the United States after a long battle with ovarian cancer and was buried in the early hours of yesterday beside the mosque at the family compound in Minna, Niger State.
Speaking to newsmen in Minna yesterday, Mohammed said: “The death of our mother is a big blow to every member of our family and those whose lives she has touched in one way or the other. All the testimonies about her life by people, is an attestation that she actually lived a good life.”

Mohammed said the period he spent with her in the hospital increased the bond in their relationship.
According to him, “As you know, I was with her in the hospital and even when she breathed her last and all the while we were together, we shared beautiful memories of the past and she kept telling me of how happy and fulfilled she was.
“I have no regrets today because I am consoled in the fact that my mother lived a good life and lived a fulfilled life.”
He described the responsibility of running his mother’s businesses especially the El-Amin International School as a “big shoe”.
“It will be difficult to fit into the big shoe my mother has left but we have no option but to succeed because we know it was her passion and she loved it so much that we cannot afford to let her down at this time,” he added.

He said his mother had contributed immensely to the development of education in Nigeria and the parents, staff and students of the El-Amin International had shown great dedication since the founder took ill in August.
The former first lady had died around noon last Sunday at the University of California Los Angeles (UCLA)’s Jonson Comprehensive Cancer Center in the US.
Her husband and former military President, General Ibrahim Badamasi Babangida, and Mohammed were with her when she passed on.

Anambra Guber: Ojukwu Rallies Support for Obi

Leader and Chairman, Board of Trustees of the All Progressives Grand Alliance (APGA), Dim Chukwuemeka Odumegwu-Ojukwu,  yesterday called on the people of Anambra State to vote massively for Governor Peter Obi at the February 6, 2010 gubernatorial election in the state.
Obi, according to Ojukwu,  represents goodness and having the type of spirit needed for the rebuilding of the state, which, according to him, has not been seen among other contestants.
Ojukwu said this yesterday at the flag-off of the Obi’s campaign in Anambra South Senatorial District, which took place at the Ekwulobis Stadium.

Speaking further, Ojukwu whose arrival in an APGA helicopter threw the venue into a frenzy  as people struggled to catch the glimpse of him, said he would personally be in the field on the day of election and warned all those that believe in rigging to keep off the state. He also commended the governor as an astute manager of men and resources.
Earlier,  National Chairman of APGA, Chief Victor Umeh,  who commended the people of the area for the overwhelming turn out at the rally,  encouraged them to also turn out en masse to cast their votes. He said that no other contestant would command the type of crowd that attended the event in their own senatorial districts, not to talk of  Obi’s senatorial district.
Describing the massive turn out as the fruits of the good work the governor is doing in all parts of the state, Umeh noted that a vote for  Obi would guarantee the continuation of the good work.

In his own response, Obi, who said he was humbled by the turn out and the outpouring of emotion, said he had nothing to say but to renew his pledge to the people of the State that his Integrated Development of the State, which saw all sectors being developed simultaneously would continue.He cautioned against being deceived by people that make empty promises to them and assured that his government would not be tied to any external influence.

Maryam Broke Barriers for Nigerian Women, Says Akpabio

Akwa Ibom State Governor,  Godswill Akpabio,  yesterday described  late Mrs. Maryam Babangida  as "a breath of fresh air  while alive, but whose death was a great loss to the nation."
While consoling former military President Ibrahim Babangida in his Minna residence, yesterday, Akpabio said Maryam was a woman of great insight, whose emergence at the national scene broke barriers for Nigerian women.
Akpabio,  in company of  Secretary to the State Government, Mr Umana Okon Umana, and the state chairman of Peoples Democratic Party (PDP), Prince Uwem Ita Etuk, expressed regrets that she died at an age when her strength and encouragement was most needed by her family and the entire nation.

He told reporters that he personally led a delegation to console the Babangidas, because the former First Lady did well in supporting her widower to create Akwa Ibom State in 1987, thereby liberating a people who for years clamoured for a state.
A condolence message by people and government of Akwa Ibom State read,  "I want to offer the sincere condolences of  government and people of Akwa Ibom State to you on the demise of your dear wife, Hajiya Maryam Babangida. We were deeply saddened by the news of her death and we know it must be very difficult for you and your family.

"Hajiya Maryam Babangida was like a breath of fresh air in our national life. She was a woman of great insight and personality, and her death is a great loss to our country. Her contributions to the welfare of womanhood in our country, particularly in her office as First Lady, set a standard for other First Ladies and broke barriers for Nigerian women."

Kutigi makes history, swears in Katsina-Alu

HISTORIC. Really historic. That is the way to describe the swearing in of Justice Iyorgher Aloysius Katsina-Alu as the new Chief Justice of Nigeria (CJN) by the outgoing Chief Justice Idris Legbo Kutigi.

Reason: For the first time in the country's history, two Chief Justices occupied that office, albeit for 12 hours. Kutigi retires today upon the attainment of the statutory 70 years of age, while the in-coming is billed to retire on August 20, 2011.

Speaking during the inauguration, which witnessed the absence of seven out of the 15 justices of the apex court, Justice Kutigi declared that although he had sworn in Katsina-Alu as the new Chief Justice, he was still in charge until the next day when he clocks 70 years.

"By 12 midnight today, I will be clocking the statutory retirement age of 70 and that means I will be retiring then. But for the interest of mischief makers who may go about writing that we have two Chief Justices of Nigeria, let me make it clear that for now, I am still in charge", he stated, throwing himself and all present on the occasion into uncontrollable laughter.

He observed that whereas people had been criticising his plan to swear in Katsina-Alu as the new Chief Justice, the second schedule of the Oath Act, Laws of the Federation and the Constitution of the Federal Republic of Nigeria, 1999 conferred the powers on the country's President and himself as the Chief Justice to swear in judicial officers, including the in-coming Chief Justice.

However, he admitted that it was the first time the out-going Chief Justice was inaugurating his successor. But there was nothing wrong with that, he added.

"I knew this has generated a lot of reactions even among those who should know better in the paper. The Constitution and Oath Act of Nigeria provided for this just because it has not taken place all along. There is nothing new about it, the law is there.

"The President has always been there to do the inauguration, but this time he is not there. So I, as the Chief Justice, have performed that duty. The judicial Oath of office and the Constitution of the Federal Republic of Nigeria, 1999 confer the power to swear in any judicial officer on the President and the Chief Justice. So there is nothing wrong with that", he declared.

"Let me casually say that I will be 70 years by midnight today. The constitution makes it mandatory for me to bow out tomorrow. Make no mistake about it, I am still in charge. I say this because someone can say there are two CJs in Nigeria today," he stated.

Kutigi also swore-in Justice Isa Ayo Salami as the President of the Court of Appeal.

While Katsina-Alu is the 11th indigenous Chief Justice, Salami becomes the fifth President of the Court of Appeal.

Also speaking inside the apex court complex after the ceremony, the Attorney General of the Federation and Minister of Justice, Michael Kaase Aondoakaa, told journalists that the signing of the 2010 budget by President Umaru Musa Yar'Adua in Saudi Arabia was constitutional.

He likened Yar'Adua's situation to what is happening in United States (U.S.) wherein President Barack Obama went on vacation to Hawai, which is about 13 hours from the Oval House, while Saudi Arabia, where Yar'Adua is on medicare is only six hours away from Nigeria. According to him, Obama ordered a review of air security in the U.S. while in far away Hawai.

He said there was nothing wrong for the president to sign the 2010 budget from Saudi Arabia and that when somebody takes time off to treat himself, it should not be a problem.

Meanwhile, several other legal practitioners in the country have shared the concerns of prominent legal practitioner, Chief Adegboyega Solomon Awomolo, on the propriety of the swearing-in of both justices. Awomolo had, earlier this week, cautioned against the ceremony.

Although, the three senior lawyers who spoke pleaded anonymity, they said they were persuaded by the position of Awomolo, which was reported on Wednesday in The Guardian.

He had cautioned against the inauguration on the contention that the appointment processes of Katsina-Alu as the new Chief Justice of Nigeria and Justice Isa Ayo Salami as President of the Court of Appeal were inconclusive.

He pointed out that after the Senate confirmed Katsina-Alu and Salami for their various offices, the statute required Yar'Adua to appoint them with another letter.

"When the Senate confirmed the justices for their new appointments, President Yar'Adua was out of the country and has not returned to the country to endorse their confirmation by the Senate", Awomolo stated.

"Unless the President has issued a letter, which they must show since he has not been on his table, we must be careful about a swearing-in ceremony."

He noted that "the judiciary has been the only arm of government that has remained untainted and without blemish and we must be careful not to allow the Executive hoodwink us into a legal crisis because of their own shortcomings".

He warned that "if there is no letter after Senate confirmation, then legal action may be initiated by any person that could end in the Supreme Court and be decided by the same man whose appointment is being challenged."

Asked what the way out of the quagmire would be, he advised an adherence to the constitution.

"Let the constitution be followed; if the President is incapacitated, he should transfer power to the Vice President by writing to the National Assembly. Once that is done, then the Vice President acting as President can swear them in", he stated.

But the immediate past General Secretary of the Nigerian Bar Association (NBA), Rafiu Lawal Rabana (SAN) has said that the out-going Chief Justice has the constitutional power to swear in the in-coming one.

Rabana said in Ilorin in an interview with The Guardian that Section 10 (2) of the Oath's Act conferred the right on the out-going Chief Justice of the Federation to swear in his successor in office.

The legal icon said the relevant section of the law especially Second Schedule of the Oath's Act cited by him listed the categories of those who could administer the oath, adding that the outgoing Chief Justice was among them.

For him, Section 185 (2) of the 1999 Constitution was more explicit on the swearing-in of the nation's president, noting that in the case of the Chief Justice of the Federation, the constitution was not specific, hence the need to resort to the Oath's Act.

He congratulated the newly sworn-in Chief Justice and the new President of the Court of Appeal on the occasion of their new offices, adding that Aondoakaa has laid a good precedent on the legal issue.

In the same vein, another legal icon based in Ilorin John Olusola Bayeshea (SAN) while reacting to the legal confusion the swearing-in of the new Chief Justice and President of the Court of Appeal could create, said it was better off than creating a vacuum.

Why Yar'Adua must hand over now, by Kwara Speaker

PRESIDENT Umaru Musa Yar'Adua would best demonstrate his respect for the rule of law if he hands over power to his Deputy, Goodluck Jonathan, Speaker, Kwara State House of Assembly, Tunde Muhammed, has said.

In a chat with reporters yesterday in Ilorin, Mohammed said by so doing, the President would also show his respect for the constitution and save the nation from the current impasse.

According to him, the constitution of Nigeria has a better provision for what to do at a moment like this Reference to S 124 of the 1999 Constitution is explicit on it.

His words: "As a democrat and a lawmaker, I stand by what the constitution says. After all, the President himself has been a proponent of the rule of law since his assumption of office.

"However, we need to pray more for his recovery. He has done well for us as a nation, especially with the way he amicably resolved the Niger Delta issue and the sanity he has brought into our judiciary system, among others."

The Speaker of the 23-member House, which has only Peoples Democratic Party (PDP) lawmakers, said the absence of opposition legislators in the Assembly would not affect its duties to the electorates.

He disclosed that in the outgoing legislative year, the Assembly passed 13 bills into law, while four other bills before it had passed the second reading stage.

Mohammed, who represents Omupi Constituency, thanked residents of the state for their confidence in the reconciliatory role of the House, especially "some lawyers who usually direct their clients to us. It saves time and does not cost them any money."

He debunked insinuations that the House had become a rubber stamp to the Executive, arguing that effective legislation should not be assessed by disputes among the arms of government in a modern democracy.

Lawyer sues FG for deploying military in Okrika, P'Harcourt

A SUIT against the Federal Government and service chiefs, challenging the continual deployment of the Joint Task Force in Okrika and Port Harcourt was yesterday filed at a Federal High Court, Port Harcourt, Rivers State.

The suit, which has the Attorney General of the Federation, the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and the Chief of Air Staff as respondents, was brought in pursuant to Section 46 of the constitution and Section 1 of the African Charter on Human and Peoples Rights.

The plaintiff, a legal practitioner of Okrika extraction, Mr. Idaye Chris Opi, is seeking a declaration that the respondents, either by themselves or their representatives, cannot forcefully occupy Okrika or the city of Port Harcourt except in accordance with due process.

Opi, in his 14 paragraph affidavit in support of the application, stated that sometimes in 2005, the respondents unlawfully drafted military personnel to Rivers State and other parts of the Niger Delta, especially in Okrika and Port Harcourt.

He pointed out that due to the presence of the military in the past four years in Okrika, he has suffered some loss in business and personally deprived of his right to freedom of movement, respect to the dignity of his person and freedom of association.

The plaintiff recalled that sometimes in 2006, he had to bury his father under very excruciating circumstances as he had to plead with the Joint Task Force several times before he finally got their approval to intern the remains of his late father.

"I am psychologically traumatised under the circumstances because I know Nigeria is not at war and by my training as a lawyer, I am aware this military occupation is not backed by any law under the 1999 Constitution or any other law reasonably justifiable in a democratic society," Opi said.

He stated that the Joint Task Force has imposed curfew, severally restricted movement of people, goods and services and at several occasions forced residents of Port Harcourt and Okrika to undergo one form of corporal punishment or the other.

He declared that the respondents' main interest for deploying the military in Okrika and other parts of the Niger Delta is for the purposes of exploration of crude oil and gas.

"I know that due to this desire to explore and prospect for oil, the respondents will stop at nothing to achieve their desire, even if the same leads to the ongoing illegal and unlawful military occupation of Okrika and the city of Port Harcourt," he said.

To this end, the plaintiff is seeking an order of mandatory and perpetual injunction directing the respondents to discontinue forthwith the deployment of the military in Okrika and Port Harcourt.

He also wants N50 million as damages against the respondents jointly, due to the occupation of Okrika and Port Harcourt.

Politicians are selfish, says cleric

POLITICAL office leaders care only about their personal interests and are therefore responsible for many of the nation's woes.

These were the views of Rev. Titus Oyeyemi, President of African Foundation for Peace and Love Initiatives (AFPLI), at a media briefing on Tuesday.

Oyeyemi said: " Those who are in leadership positions in the country have no interest in leading the nation out of darkness. Instead, they are bent on plunging the nation into the abyss.

"They think that if Nigeria fails, their ill-gotten wealth and riches will deliver them. By their actions, leaders in the 6th Republic do not deserve to be called Nigerians because they wallow in selfishness, greed, covetousness and corruption."

The cleric reminded politicians of the past they had enjoyed and charged them to provide the necessities of life to citizens.

"There were no incessant power failures, prolonged teachers' strikes and dilapidated classrooms during their days. Food was in abundance, roads were good, economic and statistical data were reliable and funds were available to pay scholarships. Now that it is their turn to provide leadership for the country, they begin to squander opportunities, mismanage resources. They have constituted themselves as hindrances for posterity."

Stating the goal of the organisation as being a mission to nurture nation builders, Oyeyemi said the task to chart a new direction for the country was one that needed to be done.

NSCIA, other Moslem groups condemn attempted terror attack

No Al-Qaeda group in Nigeria, say clerics

From Mohammed Abubakar, Terhemba Daka (Abuja), Ifedayo Sayo, (Ado-Ekiti) and Sulaimon Salau (Lagos)

VARIOUS Islamic organisations in Nigeria, including the Nigerian Supreme Council for Islamic Affairs (NSCIA) and the Assembly of Moslems in Nigeria (AMIN) yesterday joined in condemning the alleged deeds of the Nigerian terror suspect, Farouk Umar Abdulmutallab, who, on Christmas day, attempted to blow up a United States airliner.

The Islamic groups rejected the association of the youth with the religion of Islam, insisting that Islam is a religion of peace. They argued that the motive and deeds of the young Mutallab should be viewed in isolation.

Dr. Abdul-Lateef Adegbite, the NSCIA Secretary-General, who signed the statement, said the apex Islamic organisation in Nigeria was deeply shocked at the reported terror attempt.

According to the statement: "We deplore the reprehensible act which put the lives of so many passengers and crew at great risk. We, however, thank the Almighty Allah that the evil design did not materialise.

"Be that as it may, the Muslims unequivocally reject the insinuation in some quarters linking the embarrassing and condemnable incident to Islam. Islam as a religion of peace, abhors violence and forbids extra-judicial killing of people. On our part, we would continue to pray Allah to make justice prevail everywhere in the world so as to banish one of the main causes of uncontrollable anger that tends to propel otherwise sane people to resort to violence and acts of terror."

Similarly, AMIN, in a statement by its National Chairman, Sheikh Ibrahim Saleh Alhussaini, among others, advised that all must be ready to protect the rule of law in Nigeria. Also, dialogue must be intensified on issues in dispute so that a culture of moderation could be nurtured to yield lasting stability and prosperity for all nations.

The statement argued that the denial of some people's rights, suppression and injustice results in nothing, but extremism that leads to terrorism, which in most cases consumes innocent lives. It however reminded Moslems globally to recognise the fact that Islam is a religion of peace, which always preaches peaceful co-existence.

"Therefore, let us hold fast to the teachings of our religion and offer more prayers for peace and stability for Nigeria and other nations."

The AMIN chairman, who is also the chairman of the Fatwa committees of both NSCIA and Jama'atu Nasir Islam (JNI), sought the application of the principles of justice and equality on all and sundry, according to the sovereignty of every nation for the interest of humanity and peaceful co-existence, while also advocating the promotion of real democracy, human rights, development and stability in the world instead of competition in manufacturing weapons of mass destruction.

The statement also prayed for the quick recovery of President Umaru Musa Yar'Adua and enjoined other Nigerians to pray for his recovery so that he could come back to move the nation forward.

Some Islamic scholars and groups have also declared that there is no al-Qaeda group in the country.

The groups said the case of Farouk Mutallab should be treated on its merit and not linked with Islam or Moslems in Nigeria, noting that by all standards, Islam abhors acts of terrorism.

The National Co-ordinator of Conference of Islamic Organisations (CIO), Mallam Abdullahi Shuaib, in a statement made available to The Guardian yesterday said the incident was an unfortunate one. "Very embarrassing and nauseating. The act of bombing a civilian aircraft is criminally minded and highly condemnable."

He absolved Mutallab's father, saying: "The father of the boy that committed the act is a well-known and respected person in the country and abroad. All his life, Abdulmutallab has no blemished record of criminal act(s) or tendency. Rather, he has contributed immensely to the growth and development of the country as an astute banker, investor and elderstatesman."

In different reactions, the Islamic scholars and groups said Nigerians are not terrorists and urged relevant security agencies to investigate the matter dispassionately.

The Director of Media & Communications of Moslem Public Affairs Centre (MPAC), Mr. Disu Kamor, said all attacks that threaten peace or that are aimed at civilian targets, even in a state of war, are terrorism, are not in tandem with Islamic tradition and are therefore un-Islamic.

Kamor, in a separate statement made available to The Guardian yesterday said: "MPAC has consistently condemned all acts of terrorism, whether carried out by individuals, groups or states. We repudiate anyone or any group that plans or carries out a terrorist act and we welcome early actions by law enforcement authorities against credible threats to the safety of the travelling public.

"MPAC reaffirms Islam's teachings of peace, justice and tolerance for all. We reaffirm that Islam fiercely rejects any act of terrorism and does not tolerate the use of terrorism for any purpose, regardless of the identity of the aggressors or the nature of their motives," he said

An Abuja-based Islamic Scholar, Malam Abdulfattah Adeyemi said: "I want to say confidently that there is no connection between the accused and any religious group in Nigeria.

"We are a nation that is focused. We are at the phase of re-branding and trying to move the nation forward."

Adeyemi added: "Just like people have accused so many other countries, Moslem and non-Moslem countries, citizens and non- citizens of so many things, people should look into this matter very critically and refrain from generalised conclusions."

"I would like to say personally that Nigerians are not criminals, Nigerians are not terrorists, and ... Nigerians are not oppressors. Nigerians are great people wherever they are, home or even abroad," he added.

Speaking in the same vein, The Imam, University of Abuja, Dr. Taofik Abdulazeez, said: "... we plead with Nigerians to take this news with extreme caution and to also caution Nigerians and Nigerian authorities not to rush into actions and not to draw costly conclusions out of it."

"However, it is viewed as Allah's own design to beam a searchlight into the possible connection between economic prosperity and tendency to criminality," he added.

The Moslem community in Ekiti State has also condemned the botched attempt.

In a statement yesterday by the Baba Egbe Musulumi of Ado-Ekiti, Alhaji Jamiu, the community said though the said Mutallab claimed to be a Moslem, he neither represents the Islamic faith nor is his action a reflection of the Islamic position on issues.

According to the statement, "Islam is a religion of peace which has as its central element peaceful co-existence with people of other faiths. Prophet Mohammed demonstrated this by living peacefully with people of other faiths while he was in Medina.

"As a member of NAIREC and Supreme Council for Islamic Affairs, what we preach is peaceful co-existence between Moslems and people of other faiths"

The group added that violence or religious fundamentalism has no basis in Islam and anybody who preaches violence or engages in violence under the pretext of propagating Islam is on his own.

They described Umar Mutallab as a misguided youth, a disgrace and an embarrassment to Islam and it is unfortunate that rather than condemning Umar alone, many have condemned all Nigerian Moslems.

They also admonished Moslem youths to desist from acts that can tarnish the image of Islam and steer clear of dangerous organisations that give Islam a bad name.

The community further advised parents to take good care of their children and not to over-pamper them, saying the case of Mutallab appears to be that of a more of a spoilt brat.

In an interview in Abuja, Abass Braimah exposed that terrorism, now a global threat would soon creep into the country to threaten lives and projects of government.

"It is very sad, not just for Nigeria but for Africa as a continent and the entire world because terrorism is a global problem.

"It is just unfortunate that Nigeria which has had a clean bill when it comes to terrorist activities, is not touched by it, and it goes to show that no country in the world is insulated.

"It is a global problem; it is a global challenge and is a problem that needs global efforts and responsibility.

"It is very sad, but I think it is a clarion call for Nigeria as a country to tighten up its loose ends in terms of internal security," he said.

The lawmaker called on parents to always watch the actions and activities of their children to ensure that they don't deviate from values and norms of the family and society.

In his words, "It is again a clarion call on parents to keep an eye on their children to make sure that these children do not imbibe certain negative elements that will of course twist their reasoning."

Politicians, others besiege Minna to condole with Babangida

UNDETERRED by the sudden change in the burial arrangement for his wife, Maryam, sypathisers led by prominent politicians and military bigwigs trooped in large numbers to the hill-top mansion of the former military President, Gen. Ibrahim Badamasi Babangida, turning it into a pilgrimage site of sorts throughout yesterday.
The family of the deceased had earlier fixed 11.00 a.m yesterday for the burial of the country's most flamboyant First Lady but altered the timing and buried her 12.45 a.m., about 11 hours earlier.
The scene was colourful and dramatic. All the three entrances to the mansion were blocked by well-armed armed military and police personnel.
But the security men were to find that the large turn-out of sympathisers had outweighed the
measures put in place, therefore, the situation warranted other ad-hoc security measures.
A top ranking security man who spoke with The Guardian on condition of anonymity admitted that the crowd would have been more difficult to control had Maryam not been buried earlier.
Vehicles were made to park about two kilometres to the mansion, an arrangement that forced many people to embark on a long trek.
The visitors ranged from politicians, royal fathers, serving and former public office holders, top military officers (both serving and retired) to business associates of the family. Even the ordinary people were not left out.
Senate President David Mark, dressed in a white caftan, who arrived at exactly 11.20 a.m, led the serving public holders' categories while former President Shehu Shagari, who had come at 10.25 am, led the category of former public office holders.
And shortly after another prayer was held for the deceased right inside the mansion for the repose of her soul, the visitors poured forth tributes, describing her as a model for women in Africa and beyond.
Mark said: "Her activities were giant strides that were difficult to measure because she did so much for Nigeria women. She impacted so much on the lives of all Nigerians not just the women, but the boys and girls of this country. Her Better Life Programme for the Rural Woman cut across not just the women alone but even the men and I think all Nigerians will remember her for that."
Former Head of State, Maj.-Gen. Muhammadu Buhari, dressed in a simple and flowing white caftan, however, would not want to make a comment but when journalists later forced him to do so, he simply declared: "We came here to pray and that is all you can do to those who died. Anything I will say have been fully covered by you journalists. We are all on transition. That is all I can say".
To the former Information Minister and presidential aspirant on the platform of the Peoples Democratic Party (PDP), Prof. Jerry Gana, "Maryam's death is a tremendous loss to both Niger State and the nation. Maryam lived a life of compassion, a life of wanting a better life for other people; she was very famous in her Better Life Programme, which she used to transform the lives of Nigerian women. We will remember her as someone who was very dedicated to excellence, dedicated to humanity, dedicated to justice, fairness and equity."
Former Deputy President of the Senate, Ibrahim Mantu spoke in these words: "Her death is not only a loss to her immediate family but to the entire nation. The nation is mourning at the moment because this is a woman who actually changed the face of the nation by creating activities like the Better Life for the Rural Woman that has actually empowered rural women. She put smiles on millions of faces, and I have no doubt in my mind that Allah will put smiles on her face by granting her Aljanat Fiddau. This is the time for all of us to reflect on the good work she did and she has left something for posterity. I will want Nigerian first ladies to emulate her humility and her concern for the less privileged in the society. I will like the Nigerian first ladies to also establish NGOs (Non-Governmental Organisations) that will outlive them, not NGOs that will go with them when they are out of office."
Former governor of Lagos State, Bola Tinubu said: "Maryam bore a symbol of patriotism and dedication to women liberation and development all over Africa. She did not use her privileged position only for her self. Rather, she did a good job of bringing liberation to women particularly to the rural folk, the market women especially. She was a very humble woman. I advise Nigerian women to continue to work hard and continue to develop her legacies. They should continue to promote her values and eliminate poverty among our women."
House of Representatives member, Mrs. Abike Dabiri-Erewa who was Maryam's press secretary while in office as First Lady said: "She taught me so many values in life. I learnt so much from her that anywhere you are and whatever you do make life better for other people. Her better life programme is the most successful NGO anybody has ever embarked up till today. Till today, anywhere you go, you see women who tell you that Maryam made them. I will miss her counseling. I will miss her words of wisdom and her advice. Her legacies will live forever".
In the meantime, encomiums have continued to pour in for Maryam.
Former Chief of General Staff, Lt.-Gen. Oladipo Diya (rtd), in a statement titled: "Adieu! Icon of Better Life for Womanhood," said: "The death of Chief (Mrs.) Maryam Babangida represents yet another major depletion of the rank of Nigerians who used their privileged position as platform of crusade for enthronement of a better Nigeria.
"It is not life itself that matters but the end of which a life is used. By any definition, Chief (Mrs.) Maryam Babangida lived a useful, impact-full, responsible and highly successive life. Chief (Mrs.) Maryam Babangida, succeeded in making her name, a household name in Nigeria through the famous 'Better Life Programme for the Rural Woman' project."
Diya added: "Chief Maryam Babangida was an epitome of the very best in womanhood - a virtuous and devoted wife, compassionate mother, dynamic, energetic and highly responsible woman leader. Chief (Mrs.) Maryam Babangida radiated much vibrancy, vitality, resourcefulness and humility to a level that made her personality unforgettable."
Dignitaries who paid their last respects included the wife of Alhaji Atiku Abubakar (a former Vice-President), Chief Titi Abubakar, the Minister of Information and Communications, Prof. Dora Akinyuli as well as the Governors of Ogun, Kogi and Imo states.
Mrs. Abubakar described the deceased as a friend and an associate whose death came as a surprise to everyone.
"She was a very beautiful woman," Akinyuli said.
When asked about rate at which cancer was killing Nigerians in the absence of good medical facilities, the minister noted that regular check-up was important to detect cancer early enough for it to be treated or the growth reduced.
"Luckily, the First Lady Hajia Turai Yar'Adua is building a cancer centre and I know that many NGOs across the country are doing one thing or the other about cancer. By the grace of God the future will be better for women because it is women that actually suffer more from cancer especially ovarian and breast cancer."
Edo State Governor, Comrade Adams Oshiomhole, said Maryam, had already immortalised herself in the hearts of the people with her good work with the Better Life for the Rural Woman Programme.
Governor Godswill Akpabio of Akwa Ibom State described Maryam as "a breath of fresh air" while alive but whose death was a great loss to the nation.
Oshiomhole made the assertion yesterday during a condolence visit to the former military President at his Hilltop Mansion in Minna.
According to Oshiomhole, "she brought a lot of respect to the office of the First Lady, because before her, not much was known about that office and she used that office for the promotion of the rural women."
He added: "She reminds all of us who occupy public position to not just look at our own material comfort but to have time to reflect on the poor.
"I still can't find any other programme that can rival her work with the Better Life for the Rural Woman. We all miss her and it is sad that she left at the time that she did, but God gives and God takes and we cannot fault God.
"Of course she had already immortalised her name by her work. Everytime you talk about rural women, you talk about the rural poor, the conditions of the forgotten majority in the rural parts of Nigeria, you can't but remember the agenda, which Maryam put in place to address and bring to the national consciousness the condition of the rural poor people, particularly the women who are among the poorest of the poor and I think that's what will be in the memory of Nigerians.
"Of course, future generations may not know and therefore whatever can be done to immortalise her name is something that will encourage future First Ladies to recognise that when they occupy privileged position, they should devote part of it and use their office to address the challenges facing the poor."
But former elected civilian governor of Cross River State, Mr. Clement Ebri, called for the immortalisation of Maryam's ideals as a house wife, first lady and founder of the Better Life Programme for Rural the Woman.
Ebri, who governed Cross River State during Babangida's mlitary presidency expressed shock over Maryam's death.
He condoled with her husband, children and close relations, including Nigerian women whom he said benefited from the pet project.
He also commended her role in raising political, social and cultural consciousness of women in Nigeria and for giving her husband all the support he needed while he piloted the affairs of the country as president at that difficult period.
Ebri, who spoke from the United States (U.S.), asserted that the late Mrs. Babangida developed the most comprehensive outreach programme for women in the country and tried to sustain the programme even after her husband left office.
He urged Nigerian women to pray for the repose of her soul and for God to make available to mankind more of her type. The erstwhile governor prayed God to give her husband, children and Nigerians the fortitude to bear her loss, which he described as irreparable.