US Supreme Court stops citizens’ right to sue over foreign spouses’ visa denials
The U.S. Supreme Court on Friday ruled against the constitutional rights of the U.S. citizens to sue over visa denial for their foreign spouses. According to Reuters, the judgment means that the constitutional rights of US citizens are not violated when the government bars their non-citizen spouses from entering the country without explanation. The court disclosed this in a 6-3 verdict in the case between the Department of State v. Sandra Munoz, U.S. Supreme Court, No. 23-334. Munoz, a U.S. citizen and civil rights lawyer can not challenge the U.S. Department of State’s denial of her El Salvadoran husband’s visa application after the agency waited three years to explain that it suspected him of being a gang member. Munoz and her husband, whom she married in 2010 and with whom she has a child, have been separated since 2015, according to court filings. Historically, in the US, visa denials are not reviewable in court unless the government violates an applicant’s constitutional rights in the process. The Supreme Court on Friday rejected Munoz’s claim that the delay in explaining the denial violated her due process rights by interfering with her fundamental right to marry. Her claim “involves more than marriage and more than spousal cohabitation — it includes the right to have her noncitizen husband enter (and remain in) the United States,” Justice Amy Coney Barrett wrote for the court. The ruling reverses a 2022 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals revived Munoz’s lawsuit against the State Department. The Immigration Reform Law Institute, a conservative group that filed a brief backing the State Department, praised the ruling. “To hold for this couple would let those Americans who choose to marry dangerous aliens force their choice on the rest of us,” Dale Wilcox, the group’s executive director and general counsel, said in a statement. Meanwhile, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, gave a dissent verdict on the matter. “There is no question that excluding a citizen’s spouse burdens her right to marriage, and that burden requires the Government to provide at least a factual basis for its decision”, Sotomayor wrote.
Court nullifies creation of 33 LCDAs by late Gov Akeredolu’s administration
The Ondo State High Court, sitting in Akure, has annulled the creation of 33 Local Council Development Areas (LCDAs) by the administration of the late Governor Oluwarotimi Akeredolu. Presiding Justice A.O. Adebusuoye declared that the creation of the LCDAs was unconstitutional and illegal. The court determined that the procedures followed in establishing these LCDAs did not comply with the necessary legal requirements. The administration of the late Governor Akeredolu initiated the creation of the 33 LCDAs to enhance local governance and development. However, the move faced legal challenges, culminating in the recent court decision. Justice Adebusuoye noted that the creation of the LCDAs bypassed critical constitutional processes, rendering the establishment of these local government entities null and void. The judgment reiterated the importance of adhering to the constitution and legal statutes in the creation of any local government areas. The annulment of the LCDAs means that any administrative actions taken by the councils are now invalid. As of now, there has been no official response from the Ondo State Government regarding the court’s ruling.
IPOB Leader, Nnamdi Kanu, May Move For Negotiation With FG
Leader of the indigenous people of Biafra Nnamdi Kanu has through his lawyer told Justice Binta Nyako of the federal high court that he will under section 17 of the Federal High Court Act seek negotiations with the federal government. Lead counsel to Mr Kanu, Alloy Ejimakor made this known in open court after he moved two applications brought before the court. The first application is to move form 49 and an application objecting to the jurisdiction of the court. Mr Ejimakor says if the applications are denied they will move for the implementation of section 17 of the Federal High Court Act. Responding to this counsel to the federal government Adegboyega Awomolo told the court that he had earlier informed the defendant that he does not have the powers to negotiate on behalf of the federal government, the fiat given to him does not empower him to negotiate. The defendant should approach the Attorney General of the federation. The form 49 application is a contempt charge against the DSS for failing to obey the orders of the court, granting Mr Kanu unfettered access to his lawyers which the DSS has failed to comply with. The second application is challenging the remaining 7 count charge retained by the court after it had struck 8 count out of the 15. Justice Nyako held that she could not overrule herself, the defendant should go on appeal.
We’ve not slashed subscription prices -MultiChoice
Amid a recent drop in subscribers, MultiChoice, the parent company of DStv and GOtv pay television in Nigeria has denied slashing its subscription fees in Nigeria. This is according to BusinessDay quoting a source in the company on Tuesday. The source said the company only reduced decoder prices but subscription prices remained unchanged. “We only reduced our decoder prices and not subscription prices. Recall that MultiChoice Nigeria is currently in the middle of a legal case as it is challenging a ruling by the Competition and Consumer Protection Tribunal, CCPT that mandated it to offer one-month free subscription services and imposed a N150 million fine. The development comes as the company announced that its subscribers in Nigeria dropped by 18 percent in the first quarter of 2024. This is according to BusinessDay quoting a source in the company on Tuesday. Since March 2022, the company has hiked its subscription fee four times. The latest was in April 2024 when it hiked subscription fees by 17 percent.
Court Order Forces MultiChoice To Reduce Prices For DStv, GOtv Users, See Price
MultiChoice, Nigeria’s leading satellite television provider, has adjusted its subscription rates for DStv and GOtv users following a court order. The company had faced backlash after implementing a price hike, citing increased costs and inflation. The Competition and Consumer Protection Tribunal (CCPT) in Abuja intervened, instructing MultiChoice to revert to previous prices pending further review. As of June 16, 2024, the DStv Premium package now costs N29,500 (reduced from N37,000), Compact+ is N19,800 (down from N25,000), Compact Bouquet is N12,500 (from N15,700), and Confam is N7,400 (previously N9,300). GOtv subscribers also benefit from reduced rates: Super+ is now N12,500 (was N15,700), Super is N7,600 (down from N9,600), Max is N5,700 (from N6,300), Joli is N3,950 (previously N4,500), and Jinja is N2,700 (down from N3,200).
BREAKING: Court frees Binance executives Gambaryan, Anjarwalla
The Federal High Court sitting in Abuja has discharged Tigran Gambaryan, a 39-year-old American, and fleeing Nadeem Anjarwalla over alleged tax evasion. The duo, both executives of cryptocurrency exchange platform Binance, were dragged to court by Federal Inland Revenue Service (FIRS) over alleged tax evasion. The court made the decision following fresh amended charges filed by the FIRS in view of a notice from Binance about its appointment of a Nigerian representative, Ayodele Omotilewa. Recall that Gambaryan and fleeing Anjarwalla are facing a four-count charge by the Nigerian government brought before the court, a case now before Emeka Nwite, the trial judge. Even though Binance had no legal representation in court, Gambaryan took to the dock to have the charges read to him. But his counsel, Chukwuka Ikwazuonu, notified the court that his client had not been served with the charge, stating it was rather too hasty to have him take to the dock without knowing what his client is about to be tried for. The prosecutor from the FIRS, Moses Ideho, informed the judge that service of the charge hadn’t been possible due to lack of access to the defendant in custody. This prompted the Court to order service of the charge on the defendant in open court. And following this, the judge adjourned till 19 April for arraignment of Gambaryan. In the second case by the anti-graft agency, the EFCC, through its counsel E.E. Iheanacho informed the Court that he had served Gambaryan with the charge. But Mark Mordi, counsel for the defendant, this time around, said Binance, the company which he represents hasn’t been served, therefore arraignment couldn’t go ahead. Moreso, as it’s a joint charge, Mordi argued that it’s necessary to serve every person individually with the charges before the case can go ahead. He also informed the Court that his client declined service of the charge on behalf of Binance because he wasn’t authorized to do so. The prosecutor however maintained that the defendant, being a top official of Binance was a fitting representative of the company in this particular instance. But stated that in the alternative however, the Court can enter a not guilty plea for Binance to allow the case go ahead.
Federal High Court Begins Vacation July 23
The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho, has declared the court’s annual vacation for 2024, set to begin on Tuesday, July 23, and conclude on Friday, September 13, 2024. This announcement was made public through a statement released in Abuja by Catherine Christopher, the Assistant Director of Information and ICT at the Federal High Court. The vacation period, established under Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, is a customary practice aimed at providing judges with a well-deserved break to rejuvenate before the commencement of the new legal year. Regular court sessions are scheduled to resume on Monday, September 16, 2024. During the vacation, the judiciary has designated specific judges to handle urgent cases at the three principal divisions of the court located in Abuja, Lagos, and Port Harcourt. In Abuja, Justice Emeka Nwite and Justice Peter O. Lifu will attend to such urgent matters. Meanwhile, in Lagos, Justice Akintayo Aluko and Justice Isaac Dipeol will be available, and in Port Harcourt, Justice A. T. Mohammed and Justice P. M. Ayua will oversee urgent litigation matters. The Chief Judge emphasized that this arrangement ensures that the judiciary continues to function efficiently, handling cases of extreme urgency even during the vacation period. The public and litigants are advised to approach the designated courts nearest to them for any urgent judicial matters during this time.
Strike Stalls Court Hearing On Kano Emirate Tussle
The ongoing nationwide strike action by the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) has impacted judicial proceedings, leading to a postponement of the much-anticipated hearing on the Kano emirate tussle at the Federal High Court in Kano. The court, which is presided over by Justice A. M. Liman, was scheduled to deliberate on an exparte motion concerning the Kano State Emirate Council’s recent upheaval. This legal action was initiated by Alhaji Aminu Babba Dan’Agundi, the Sarkin Dawaki Babba, challenging the Kano State Emirate Council (Repeal) Law. This law dissolving the five Kano Emirates reinstated Muhammadu Sanusi II as the Emir of Kano. Justice Liman had previously granted an order to maintain the status quo ante, effectively pausing any actions to implement the controversial law until a detailed review could be conducted on the Fundamental Rights application filed by the parties involved. However, the strike has put a temporary halt to this judicial review, affecting not just the parties directly involved but also the broader implications for governance and traditional authority structures within Kano State. As the court awaits the resolution of the labour strike to resume normal operations, the future of the Kano emirate remains uncertain. The legal and social communities eagerly anticipate the next steps in this high-stakes judicial process. The court order reads: “That parties are hereby ordered to maintain status quo ante the passage and assent of the bill pending the hearing of the Fundamental Rights application. “That in view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the Court on same at the hearing of the Fundamental Rights application, which is fixed for the 3 of June, 2024. “That in order to maintain the peace and security of the state, an interim injunction of this Honourable Court is granted restraining the 5th 8th Respondents from enforcing, executing, implementing, and operationalizing the Kano State Emirate Council (Repeal) Law. “That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into pending the hearing of the Fundamental Rights application. “That leave is granted to the Plaintiff/Applicant to issue and serve their Concurrent Originating Motion as well as all other court processes on the 6th Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court. “That an Order of this Honourable Court marking the Plaintiff/Applicant’s Concurrent Originating Motion as well as all other court processes to be served on the 6″ Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court is granted,” the court order, however, reads. The court, however, adjourned the case until June 3, 2024, to hear the Fundamental Rights application. However, on the adjourned date of June 3rd, 2024, the court could not hold it as expected due to the strike, as a source at the court informed Vanguard that the matter had been postponed until further notice.
BREAKING! Court restrains SSS, Police From Evicting Emir Sanusi
A Kano High Court presided by Justice Amina Aliyu has restrained the police, the State Security Service, SSS and Nigerian military from evicting the reinstated Emir of Kano Muhammadu Sanusi II. The case was filed by the emir alongside the four kingmakers of Kano: Madakin Kano Yusuf Nabahani; Makaman Kano Ibrahim Sarki Abdullahi; Sarkin Bai Mansur Adnan and Sarkin Dawaki Maituta Bello Tuta. Granting the order, Justice Aliyu also retrained the security agencies from arresting or harassing the emir and his kingmakers.
Kogi guber: Ododo wins at Tribunal
The Kogi State Governorship Election Petition Tribunal sitting in Abuja, Monday, authenticated the election that declared Usman Ododo as the governor of Kogi State. In a unanimous judgment by a three-member panel of Justices of the Tribunal, it held that the petitioners failed to prove the allegations contained in their petition in accordance with the law. The Social Democratic Party(SPD) annd it’s candidate, Alhaji Muritala Ajaka was challenging Ododo’s election on the ground that it was conducted in gross violation of the electoral law of rigging and vote-buying. Chief Kanu Agabi (SAN); Alex Iziyon (SAN) and Emmanuel Ukala (SAN), who appeared for INEC, Ododo and APC respectively argued that the petitioners did not list the name of the witness in their proof of evidence and that the witness statement on oath was not front-loaded alongside the petition. They also contended that the petitioners served the reports of the witness’ analysis on them 20 minutes before the commencement of the proceedings. But Okutepa insisted that the forensic expert was listed on Page 56 of the petition as item 10, adding that his statement was also front-loaded.