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Court dismisses Abba Kyari’s plea seeking to void charge against him

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Court dismisses Abba Kyari’s plea seeking to void charge against him

A Federal High Court, Abuja, on Wednesday, dismissed an application filed by suspended DCP Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency (NDLEA)’s charge against him.

Justice Emeka Nwite, in a ruling, held that the court had the exclusive right and jurisdiction to hear drug-related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act.

Justice Nwite had on Jan. 18, adjourned for ruling in the application filed by Kyari and three other co-defendants in the suit bordering on drug offence.

The applicants are Kyari, ACP Sunday Ubia, Insp Simon Agirigba and Insp John Nuhu.

They had prayed the court to quash the criminal charge against them, in fresh motions on notice filed by their lawyers on the grounds that the suit was incompetent.

They urged the court to stop their trial because they had not been subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as provided by the constitution.

They said that the failure of the complainant (NDLEA) to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction to entertain the charge.

But the NDLEA counsel, Mr. Joseph Sunday, opposed the application.

He argued that most of the cases cited by lawyers to the defendants did not relate to Police Service Act, saying the instant charge against the defendant was a criminal matter.

He submitted that the defendants through their applications had not, by way of affidavit or legal argument, established any condition precedence required for the filing of this charge.

“To that extent, their application must fail and be bereft of any factual evidence,” he said.

Sunday urged the court to dismiss the application and proceed to the hearing of the matter.

Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the FHC.

He said that the subject matter of the case was within the jurisdiction of the court.

According to the judge, Section 251(2)(F) and (3) of the Constitution confers the court the power to hear and determine the charge.

It would be recalled that on Sept. 5, 2022, in a fresh suit filed at the federal high court, the NDLEA accused Kyari of non-disclosure of assets.

According to the fresh 24 charges, the NDLEA said Mr. Kyari failed to declare his ownership of the property in different locations in the Federal Capital Territory, Abuja and Maiduguri.

The anti-drug agency also said over N207 million and 17,598 Euro were also found in his various accounts in three banks.

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Health and Safety

Over 73m People In Philippines Suffer From Tooth Decay

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 At least 73 million Filipinos suffer from dental caries, making the disease a “serious health concern” in the Southeast Asian country, the Philippines’ Department of Health (DOH) said on Wednesday.

“Dental caries is a silent epidemic,” Manuel Vallesteros, a division chief at the DOH’s disease prevention and control bureau, said this after a committee hearing at the House of Representatives.

Vallesteros said the DOH data is based on the 2018 national health survey, noting that the number now is much higher compared to when the COVID-19 pandemic had restricted access to dental services for more than two years.

Merely for illustration…

He noted that eight of 10 Filipino children suffer from “childhood caries” or “decaying baby teeth” because they are fed with sweetened infant formula.

“The oral health status of Filipino children is alarming,” the DOH said, adding the oral disease “continues to be a serious public health problem” in the Philippines.

According to the World Health Organisation (WHO), dental caries is a major global public health problem and the most widespread non-communicable disease. 

– Xinhua

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Health and Safety

5 Ugborodo Communities Picket Chevron Yard In Escravos

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#EndSARS Protest: Hoodlums break into Benin custodial centre

Hundreds of residents of the Ugborodo Community in the Warri South-West Local Government area of Delta on Wednesday besieged the Chevron Yard in Escravos, protesting against the alleged insensitivity of the oil company to their plights.

The protesters were drawn from Ode-Ugborodo, Ogidigben, Ajudaibo, Madangho, and Ijaghala Communities under Ugborodo Federated Communities.

The aggrieved protesters, both young and old, were led by the Eghare-Aja of Ugborodo, Mr. Daniel Uwawah.

They were armed with placards of various inscriptions such as: “We want our PIA as host communities Ugborodo”; “Enough of Chevron Divide and Rule Policies”.

“All local content contracts must be brought to the community through the appointed organ”; “Ugborodo Community demands frequent and regular engagement with Chevron”, among others.

In his remarks, Mr. Terry Atete, the Igbajoh of Ugborodo Community, who spoke on behalf of the Eghare-Aja, said that the federated communities had written several letters to the oil company for dialogue in line with the Petroleum Industry Act (PIA), 2021.

The Act is one of the most audacious attempts to overhaul the petroleum sector in Nigeria.

It seeks to provide legal, governance, regulatory and fiscal framework for the Nigerian Petroleum Industry.

If implemented diligently, the PIA will help facilitate Nigeria’s economic development by attracting and creating investment opportunities for local and international investors.

Atete said that since the inception of Eghare-Aja, the Ugborodo Community had also written to Chevron on the Act, concerning the award of contracts and employment.

According to him, the company had deliberately refused to address their grievances.

“We are faulting the PIA process. We are saying that Chevron should come directly and dialogue with our community in line with the PIA Act.

“We are not going to accept it until they come and dialogue with us.

“We will not relent until Chevron comes and dialogue with the host communities, which made up Ugborodo,” he said.

Also, Mrs Oritsematosan Nuko, a Woman Leader in Ugborodo Community, appealed to Chevron and the Federal Government to come to the rescue of the community and shore up the area.

Nuko said that indigenes of the community were almost being chased away by tidal flood.

She, however, urged Chevron to heed to the call and address the demands of the community.

Nuko said the oil company should come forward for a dialogue toward addressing the lingering challenges confronting the federated community, including unemployment and the award of contracts.

Commenting, a Chevron member of staff, who pleaded anonymity, said that all the issues raised by the aggrieved protesters were already being addressed at the company’s headquarters in Lagos.

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Health and Safety

Resident Doctors To Commence 5-day Warning Strike On Wednesday

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… As FG fails to negotiate

Those planning to visit the hospital this week may as well think twice as the Nigerian Association of Resident Doctors (NARD), says it will commence a five-day warning strike on Wednesday.

The President of the association, Dr. Innocent Orji, disclosed this on Monday while speaking with newsmen on the outcome of its National Executive Council (NEC) meeting.

According to him, the warning strike will begin by 8 am on Wednesday.

The association had on April 29 issued a two-week notice to the Federal Government to increase the Consolidated Medical Salary Structure (CONMESS) or risk industrial action.

It said at the time that the increment should be to the tune of 200 percent of the current gross salary of doctors and also be in addition to the new allowances included in the letter written to the Minister of Health in 2022 for the review of CONMESS.

According to the association, it observed that in spite of several engagements with the Federal Government on the need to upwardly review CONMESS, which was last reviewed over 10 years ago, there are no changes.

“The Federal Government has neither called NARD to the negotiation table nor taken any tangible step in addressing the issue.

“This is against the background of the dwindling economic situation in the country, the serial abysmal decline in the value of the Naira, the imminent removal of fuel subsidy, and the consequent damaging effect on the cost of living in the country.

“There have been previous ultimatums issued to the government by NARD on account of this problem of the review of the CONMESS salary structure.”

It added that the previous Collective Bargaining Agreement (CBA) on CONMESS stated clearly that the salary structure would be due for review after five years, but this has not been done since the implementation in 2014, though the approval was given in 2009.

Orji, however, said that since the issuance of the two-week notice the association had not been called upon by the Federal Government to initiate negotiations.

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