Posts tagged as: case

Nigeria: Court Remands Doctor in Prison for Allegedly Raping Patient

An Upper Area Court sitting at Pankshin in Plateau on Friday remanded a medical doctor, Philemon Brazil, in prison for allegedly raping his patient.

Brazil, however, pleaded not guilty to the offence.

The Judge, Mr Joseph Chollom ordered the remand of Brazil in custody and adjourned the case to May 22 for further mention.

The Prosecutor, Sgt. Singbon Hosea, told court that the defendant committed the offence on April 25 at the home of his victim.

Hosea explained that the rape victim had a history of miscarriages and had been a patient of the doctor before the incident.

“But my lord, on that fateful day, April 25, when he visited the patient as usual, he went too far by forcing himself on her and ended up raping her.

“By that action, the accused has committed offences of rape and act of gross indecency, contrary to and punishable under Section 283 and 285 of the Penal Code.”

He said that after the arrest of the doctor, the police conducted HIV test on him and that the result was negative.

Hosea also told court that after the rape, woman suffered yet another miscarriage.

The prosecutor asked court to remand the accused in prison, pending completion of investigation on the matter

Nigeria

There’s No Boko Haram Resurgence, Nigerian Military Assures

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Liberia: High Tariffs Affecting Movement of Goods At Liberia-Guinea Border

By Ishmael F. Menkor

Slow movement of goods and services is being reported at one of Liberia’s leading revenue-generating ports of entry, the border with Guinea at Ganta, Nimba County.

The movement of goods and services has reportedly been very slow since the beginning of the year, which a lot of business travelers say is a result of the high tariff imposed by the Liberia Revenue Authority (LRA).

Some of the businesspeople interviewed told the Daily Observer that the sharp increase in tariff by the government of Liberia is hampering trade.

“Before we were paying 15% on rubber dishes, but the tariff has gone up to 20% flat; and it is very hard to make profit from it,” said a trader identified only as Serena.

“The tariff on soap used to be determined by the quantity in kilograms, but now it is strictly 20% of what you purchase,” said another woman.

The border area has since been very quiet, according to traders, with some customs officers passing the time playing games on their computers and others seen doing extracurricular activities to keep busy.

Mondays and Thursdays are reportedly the busiest days at the border, when traders travel to the nearby Guinean towns of N’zérékoré and Djéké. But according to the businesspeople this paper spoke to, that is no longer the case.

The tariff on agricultural products, including cattle, livestock, groundnuts and pepper, among others, has also increased, according to a customs agent who did not want to be identified.

He said tariff on vehicles has been increased to 10% from 17%, and said people are not crossing with goods since the increase.

He named other tariffs to include the Custom Usual Fees (CUF), 1.5%; Government Services Tax (GST), 10%; and 0.5% ECOWAS tax on ECOWAS goods.

Liberia

Gambia’s Barrow Meets Sirleaf

Liberia’s President and Chair of regional bloc ECOWAS Mrs. Ellen Johnson – Sirleaf has received the Gambia’s President… Read more »

Observer Locker – Junkies Tip Real to Win La Liga Title

column

Following the El-Clasico drama and the midweek action, the Spanish La Liga title run-in is getting frenetic, although the locker-room junkies believe it is for Real Madrid to lose…..

Kabuye: I think Real Madrid are champions-elect already.

Nsimbe: You must be joking.

Kabuye: Just check how they demolished Deportivo 6-2 on Wednesday night.

Mugalu: Ha. But even Barcelona put seven past Osasuna. Man, Kabuye, you can not write off Barcelona.

Nsimbe: That is true. It is now too close to call.

Mugalu: And if you consider that Barcelona is favoured by referees, you can only dismiss them at your own peril.

Nsimbe: Anyway, for me, I will leave Mugalu with the referees. But what I think is that Barcelona has no distractions now like Real Madrid have.

Kabuye: Eh! By the way…

Nsimbe: You see, it is easier for Barcelona to plan more extensively for the league unlike Real Madrid, that have the champions league to fight for.

Mugalu: But I think Zidane has a good and deep squad, which he is rotating quite well to handle the two fronts.

Nsimbe: So far, Zidane has done a good job, but don’t forget that crunch times come with lots of pressure. That can affect results.

Mugalu: But whatever the case, I am really worried, that Barcelona may steal Madrid’s championship like they stole victory on Sunday.

Nsimbe: On Sunday, Madrid got excited after getting the equalizer. They should have settled for a draw. It would have kept them atop the league.

Mbanga: But this La Liga is getting more interesting. That Lionel Messi last-minute finish was incredible.

Atusiimire: Like the Alexi Sanchez finish against Man-City?

Kabuye: No. His simulation against Leicester City. That boy is a cheat. I can not imagine Arsenal celebrated an own goal.

Zziwa: But ssebo, what did you want us to do? We got three points.

Mugalu: Our friends are now relying on own goals to get wins? Ebintu bizibu.

Zziwa: Coming from people, who had Martin Skrtel, the chief protagonist of own goals, I am short of words.

Kabuye: Anyway, I don’t care about what Arsenal does because no matter what, they are playing in Europa next season.

Atusiimire: Nedda ssebo. Naayanga…That will not happen. We are qualifying for the champions league.

Zziwa: Anyway, for me, I am not a witch-doctor to predict the future. But it seems Kabuye is.

Kabuye: Tottenham egenda kuba embwa z’Arsenal at White Hart Lane this weekend. Then they will shut up.

Parties to Comply With Gender Rule in 2022 Elections, Court Rules

By Maureen Kakah

Political parties have been spared from complying with the gender rule principle in the ongoing primaries and in August 8 polls.

This follows a High Court verdict by Justice Enoch Chacha Mwita on Tuesday in which he ruled that the Independent Electoral and Boundaries Commission (IEBC) should reject party lists which do not comply with the two thirds gender rule for candidates of the 290 constituency seats and the 47 for the Senate as from the 2022 elections.

Even though Justice Mwita declared that political parties are bound by the Constitution to comply with provisions of the gender rule, he ordered them to consider formulating rules and regulations that will ensure compliance with the same in the next six months.

The judge pointed out that, should political parties fail to do so, the IEBC should devise an administrative mechanism to ensure the gender principle is realised among political parties during nomination exercises for parliamentary elections.

“I do not see how political parties can be made to rework their nomination programmes so that they comply with the two thirds gender principle were they to be ordered to do so, for avoidance of doubt and in order to avoid disruption, this order shall not apply to the General Election of August 8,” ruled Justice Mwita.

IEBC HAS POWERS

The judge also ruled that the IEBC has the powers to ensure that nominations carried out by political parties meet the requirements of the Constitution hence have the right to reject lists that are not compliant.

“The spirit of the Constitution is that we must have elections on the due date, between now and that time it is preparatory period hence the court must avoid disrupting this constitutional calendar,” said Justice Mwita.

Katiba Institute had sued the IEBC and wanted to have political parties compelled to enforce the gender principle in the oncoming polls.

They had argued that the case would impact the nomination process of the political parties’ candidates for the coming elections whose set timeline was initially, March 23 hence wanted IEBC compelled to reject nomination lists of leaders for the posts of MPs and Senators if they do not comply with the rule.

ENSURE COMPLIANCE

Before going to court on January 25, they had written to the IEBC on December 15, last year seeking to know whether the electoral agency intends to ensure all political parties comply with the gender rule.

But IEBC had told court that political parties have been urged to consider the two thirds gender rule, consider applying reasonable nomination fees for special interest groups and prioritising a woman as a top candidate on party lists.

IEBC had also pointed out that it’s indeed a challenge to implement the two-thirds gender principle in elective posts and also impose sanctions to political parties for being non-compliant.

Kenya

Safaricom Given 7 Days to Explain Outage

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Muslim Leader Chooses Silence Over Allegations of Killing Rival Clerics

Photo: MIchael Kakumirizi/Daily Monitor

Hearing. Sheikh Yunusu Kamoga (with specs) and his co-accused leave the High Court in Kampala.

By Anthony Wesaka, Juliet Kigongo and Mercy Naleba

Kampala — The leader of the Tabliq Sect Sheikh Yunus Kamoga and 13 other accused persons yesterday chose the option of remaining silent as a form of their defence to rebut the allegations of being behind the wave of killings of rival Muslim clerics about two years ago.

“My lords, we had a discussion with my clients/ accused persons about their rights at this stage and they have decided to remain silent… ” Counsel Fred Muwema, one of the lead defense lawyers in this case, told the International Crimes Division of the High Court yesterday.

In criminal law, the accused person/s once court establishes that he/she has a case to answer, they have three options to defend themselves.

The first option is to give their defense on oath with their respective lawyers guiding them and the state prosecutors cross examining them.

The second option is to give their defense not on oath, meaning that their defense lawyers won’t guide them and the State prosecutors will also not ask them any questions.

The last option is to just keep quiet and equally no questions will be asked, an option that all the 14 accused persons chose yesterday.

Explaining the implication of remaining silent, human rights lawyer Ladislaus Rwakafuuzi said court will now have to rely on the evidence of the prosecution that is on record to reach its finding of either “a guilty verdict” or “not guilty verdict”.

Mr Rwakafuuzi explained that if the evidence on record is sufficient enough, then court can convict them but if it’s weak, then they will be acquitted.

In further explaining this option, Mr Rwakafuuzi said sometimes it’s wise for the accused person/s to remain silent because putting a defence could strengthen the prosecution’s weak case instead.

“When the court ruled that there is a prema-facie case against them, it meant that there was something or an allegation that needed to be explained by them.

However, if an accused person thinks the prosecution has not made out a case against them, it’s better to remain silent or else you may strengthen the prosecution’s case in attempting to defend yourself,” counsel Rwakafuuzi said.

This is not the first high profile case that a suspect/s chooses to remain silence and in the end court acquits them.

About seven years ago, the Mufti of Uganda Shaban Mubajje, city businessman Hassan Basajjabalaba and Dr Edris Kasenene had been accused of fraudulent disposal of Muslim properties, forgery and conspiracy to commit an offence. They choose to remain silent and then Buganda Road Court Chief Magistrate Margaret Tibulya acquitted them.

It’s alleged that the 14 accused masterminded the coordinated assassinations of rival Muslim leaders resulting into the killing of Mustafa Bahiga who was gunned down at Bwebajja Mosque and Sheikh Hassan Kirya, who was gunned down at Bweyogerere, Wakiso District.

They face grave charges ranging from murder, terrorism, crimes against humanity to attempted murder.

The accused

The other accused persons charged alongside Sheikh Kamoga include; Sheikh Siraje Kawooya, Abdulsalam, Abdulhamid Sematimba, Rashid Jingo, Twaha Sekkitto, Yusuf Kakande alias Abdallah, Sheikh Murta Mudde Bukenya, Kakim Kinene Muswaswa, Muzamilu Kasawuli, Arafa Serunjoji alias Bukenya, Badru Bukenya, Alex Okot, Joseph Olanya, and Amir Kenene.

South Africa: Mining Company to Begin Mediation Talks With Northern Cape Community

By Natalie Pertsovsky

Conditions in Dingleton are intolerable says attorney

Kumba Iron Ore representatives are expected to enter into mediation talks with the Dingleton community this week in a bid to resolve a dispute over land in the area. Kumba wants to relocate the entire town of Dingleton to a town 25km away. Only 25 families remain and are refusing to move on Kumba’s terms.

“We are hoping the mediation will assist us in the interpretation of the International Finance Corporate Guidelines. These are the guidelines that Kumba must comply to,” says Richard Spoor, an attorney representing some Dingleton residents. Kumba has denied this claim.

Kumba says the residents disrupted the process of rehabilitation of a site near a railway where blue asbestos was spilled years ago. The company needs to rehabilitate the site in order to expand its Sishen iron ore mine near Dingleton.

Spoor told GroundUp that a court case that was lodged against Dingleton residents in February by Kumba was ongoing. He says the matter “was likely” to be resolved soon.

Kumba is demanding over R1.6 million from residents who refused to relocate. The mining company says residents are “disrupting the process of rehabilitating” a site near the railway where blue asbestos was spilled years ago.

“The case will be stayed [meaning further legal procedures will halt] pending the outcome of the mediation process,” says Spoor. “The conditions in Dingleton are intolerable,” says Spoor. “We’d like to reach an agreement of terms of the resettlement of residents.”

He says the mediation would be facilitated by human rights attorney Brian Currin.

South Africa

Commission to Meet With ‘Afrikaans Only’ University Residence

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Uganda: Experts Blame Teenage Pregnancies On Poverty, Ignorance

By Tausi Nakato

Mayuge/Jinja — Poverty and ignorance are the leading causes of teenage pregnancies in Busoga sub-region, experts have revealed.

According to the executive director of Save the Young Mothers, Ms Betty Angatai, teenage girls are either abandoned after conceiving or ostracised and more often, the person responsible for the pregnancy disowns it.

Ms Angatai, in an interview with Daily Monitor, said many parents in Busoga sub-region and Mayuge District in particular marry off their teen daughters in order to get dowry and monetary gifts. “Many teenage girls end up getting defiled and as a result become pregnant. But parents instead settle for cash than opening a case with police because they fear losing out on the dowry,” she said.

Ms Lyzette Kasigwa, the executive director of Hope for Women, a non-governmental organisation that supports teen mothers said lack of sex education and information on sexual reproductive health, rights and services has made many teenagers vulnerable.

“Slightly more than 90 per cent of the teenage girls in Uganda know nothing or very little about sex education. That means they are ignorant of the repercussions of their actions,”Ms Kasigwa said.

According to Dr Sophie Namasopo of Jinja Hospital, more than 80 teen mothers deliver at the facility monthly. Dr Namasopo noted that early pregnancies come with complications like premature and still births, prolonged labour, fistula among other adding thatthis is because their bodies [teenagers] are not prepared to have children yet.

Laws

However, the Mayuge District chairperson, Mr Umar Bongo, said the only way to curb teenage pregnancies is by enacting prohibitive laws.

Mr Bongo noted that the district has ratified by- laws and ordinances to deal with offenders.

Uganda

Stella Nyanzi Goes to High Court to Fight Mental Exam

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Uganda: Fall Armyworm Has Got People Talking Now

By Michael J. Ssali

The fall armyworm is present in Uganda and it is destroying maize, sorghum and other food crops as well as some fodder grass species. We have seen footages on TV screens of the minister of Agriculture Vincent Ssempijja and other officials handing over tonnes of insecticides to various stakeholders in the agriculture sector to fight the new pest reported to have arrived in Africa only last year from the Americas.

About Shs10b has been set aside by the government to prevent the spread of the fall armyworm. But, it will take a lot of time and effort to teach farmers how to effectively combat the pest, which may involve the use of biological control methods such as digging trenches around the farm, getting natural predators like birds to eat the worms, and burning the infested crops as David Phiri of the Food and Agriculture Organisation (FAO) has disclosed.

The fall armyworm is a fairly large insect which can be seen with the naked eye and so it is easy to associate with the damage it causes when entire crop fields are wiped out.

Nearly everywhere we hear voices, including those of religious leaders calling upon government to take immediate measures to control the pest.

Yet for more than a decade, we have had perhaps more dangerous tiny pests that have reduced the production of food crops such as bananas, cassava, and sweet potatoes with little concern from the same people about the delay by Parliament to pass the Biotechnology and Bio-safety Bill.

With the passing of the Bill into law, farmers can begin to grow bananas, cassava and potatoes that are protected against the disastrous microscopic pests which have no chemical cure.

There is reported acute food shortage in Teso sub-region mainly due to drought. In his Easter message Archbishop Cyprian Lwanga lamented the high level of food insecurity in the country. Why not pass the Biotechnology and Bio-science Bill first and then deal with the caterpillars?

Uganda

Stella Nyanzi Goes to High Court to Fight Mental Exam

The Criminal division of the High court has recalled from Buganda Road chief Magistrate’s court the case file of Dr… Read more »

Christine Iribagiza, A Genocide Survivor Killed

By The Eastafrican

The killing of a genocide survivor in Kigali has sparked public outrage and sent waves of fear among other survivors.

Christine Iribagiza, 58, was killed on April 13 by morning by unknown people who entered her home in Niboye suburb, Kicukiro district, stabbed the watchman several times, broke into the house and tied her up with ropes then strangled her.

The murder happened on the last day of the Genocide Commemoration Week.

Many Rwandans took to social media to condemn the crime.

Rwanda National Police (RNP) confirmed that it had started investigations into the murder of the businesswoman, who is survived by one daughter.

Most of her other family members were killed in the 1994 Genocide against the Tutsi in 1994.

“RNP can confirm that a 58-year old female, a genocide survivor, was murdered in her home by unknown people and we are currently investigating the case. We don’t have the motive and the people behind it yet,” said spokesperson ACP Theos Badege.

Reports indicate that after the genocide, Ms Iribagiza left the country and settled in Bolivia and Belgium; she returned to Rwanda a few years ago to run a business.The manner in which she was killed left many puzzled.

A local leader told The EastAfrican that her body was found in the room with candles lit around it.

The stabbed guard, whom the assailants assumed was dead, was heard groaning in pain by passers-by, who alerted the police.

The national commission for the fight against the genocide (CNLG) condemned the attack.

“We suspect that this is another case of genocide ideology targeting genocide survivors. We have had such cases in the past where genocide survivors are targeted, attacked or threatened. This particular case should be investigated,” said Jean Damascene Bizimana, the executive secretary of CNLG.

Dr Bizimana said that during the commemoration week, which started on April 7, a number of genocide ideology cases, mainly threats to survivors and acts of hate speech, were recorded and are being investigated by the police.

Local media reported cases of people who refused to be part of commemoration activities, people who made hurtful remarks to genocide survivors, and others who questioned why Hutus who were killed are not commemorated.

Rwandan laws punish the propagating of the genocide ideology, ethnic divisionism and genocide denial.

However, CNLG says the law has loopholes because it punishes those thought to believe, harbour an aggregate of thoughts of, or spread genocide ideology, while what one says or speaks is not punished.CNLG says most acts of dehumanising, marginalising, “defaming, mocking, boasting, despising, [or] degrading” on the basis of “ethnic group” sometimes go unpunished.

Tribunal Dismisses Case Challenging Obado ODM Membership

By Maureen Kakah

The controversy surrounding Migori Governor Okoth Obado’s validity as a member of the Orange Democratic Movement (ODM) Party was yesterday shoved aside after the Political Disputes Tribunal dismissed the case challenging the issue.

A five-member tribunal ruled that the complainant in the case, George Odede, had not exhausted internal party mechanisms in an attempt to solve the dispute.

Consequently, the tribunal upheld arguments by ODM defending Mr Obado.

ODM had also told the tribunal that it lacked the jurisdiction to hear and determine the matter as required by law, an argument which the tribunal agreed with in their verdict.

“The preliminary objection is hereby sustained, the complainant ought to have invoked internal mechanism before approaching this tribunal, the case was therefore premature and is therefore dismissed,” they ruled.

Mr Odede, an ODM member, had moved to the tribunal in March to protest that the Governor did not formally give his former party a notice of defection before ODM.

Through lawyer Chrispin Odhiambo, he had faulted Mr Obado of violating the Political Parties Act for failing to formally give a notice of defection from the party in which he was elected on, the People’s Democratic Party, as Governor.

He had also argued that ODM might continue to have him participate in their party activities including the party nominations now set for Monday in preparations for the August 8 elections contrary to the Political parties Act, Elections Act and the Constitution.

But through lawyer Samuel Makori, ODM trashed the allegations levelled against Mr Obado as merely speculative saying that he had not violated any law by defecting in addition to the argument on jurisdiction.

ODM had also insisted that it will take into consideration vetting him if he aspires to contest as its candidate and that he had satisfactorily met all conditions set out as well as relevant national legislation before joining them.

Following the verdict, Mr Obado was granted reprieve and may continue to act as an ODM member even as he is set to battle to retain his seat on the party’s ticket with former Cabinet minister Ochillo Ayacko, Nyatike MP Edick Anyanga’s wife Anne and Mr Paul Odola.

Mr Odede had wanted the tribunal to declare him not a member of ODM, that his continued association with it is illegal and that his seat be declared vacant if he indeed resigned from PDP.

Kenya

Do-or-Die Primary Battles in Ruling Party Strongholds

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