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David Davis vows to lead rebellion against judicial review changes

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David Davis

David Davis vows to lead rebellion against judicial review changes

The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.

Before the first major test of the judicial review and courts bill when it is debated in the Commons on Tuesday, Davis wrote in an article that ministers’ plans would “tip scales of law in favour of the powerful”.

He cited the power of judicial reviews to give “a voice to victims”, pointing to the overturning of the Parole Board’s decision to release the serial rapist John Worboys. The Haltemprice and Howden MP also praised the campaigner Gina Miller for challenging the government’s position at the start of the Brexit process that article 50 could be triggered without parliamentary authorisation.

An overhaul of the judicial review process was promised in the 2019 Conservative manifesto, which said the mechanism should be “available to protect the rights of the individuals against an overbearing state”, but promised it would not be “abused to conduct politics by another means or to create needless delays”.

Davis said judicial review “delivers for individuals on matters affecting everyday life” and was constantly being used “to correct fundamental and dangerous errors of law”.

“Such attempts to consolidate power are profoundly un-conservative and forget that in a society governed by the rule of law, the government does not always get its way,” he said.

Davis also addressed suggestions that so-called Cart judicial reviews could be abolished, which would let the high court review a decision to refuse someone permission to appeal a case. Davis said ministers viewed these as “expensive and unsuccessful”.

“While the attack on judicial review, and in particular Cart judicial reviews, is a worrying assault on our legal system, it is only part of the picture,” wrote the former Brexit secretary, whose former chief of staff Dominic Raab is now the justice secretary.

Davis said ministers were in effect trying to “deny a court jurisdiction in a certain matter” through a mechanism known as an “ouster” clause.

He wrote: “Left unchecked, the use of these ouster clauses could give a government free rein to designate certain decisions it has made, or the use of certain powers it hands itself, to be unchallengeable in the courts. And the government, through this bill, wants to establish a framework for how ouster clauses can be applied to other areas in future legislation. This is entirely wrong.

“It all too clearly leaves the door open for further ouster clauses to be created that remove the courts from decisions in matters such as employment tribunals or social security.”

Davis said it did “not take a wild imagination to picture a future government, racked by constant losses in the courts on welfare matters, to suddenly legislate to remove the court’s vital oversight functions” in decisions about employment tribunals or benefits.

A Ministry of Justice spokesperson said: “This bill delivers on our manifesto commitment to protect the rights of individuals, while ensuring the courts are not open to abuse and delay.

“These changes will give the judiciary the power to hold the government to account, while tackling those who look to frustrate the court process.”

The MoJ has previously claimed the number of Cart judicial reviews that succeeded was just 0.22%, though Davis queried this in his article, saying the figure was “wildly incorrect” and likely to be “much higher” at about 5.7%.

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UN chief warns of ‘catastrophe’ from global food shortage

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UN chief warns of ‘catastrophe’ from global food shortage

The head of the United Nations warned Friday that the world faces “catastrophe” because of the growing shortage of food around the globe.

U.N. Secretary-General Antonio Guterres said the war in Ukraine has added to the disruptions caused by climate change, the coronavirus pandemic and inequality to produce an “unprecedented global hunger crisis” already affecting hundreds of millions of people.

“There is a real risk that multiple famines will be declared in 2022,” he said in a video message to officials from dozens of rich and developing countries gathered in Berlin. “And 2023 could be even worse.”

Guterres noted that harvests across Asia, Africa and the Americas will take a hit as farmers around the world struggle to cope with rising fertilizer and energy prices.

“This year’s food access issues could become next year’s global food shortage,” he said. “No country will be immune to the social and economic repercussions of such a catastrophe.”

Guterres said U.N. negotiators were working on a deal that would enable Ukraine to export food, including via the Black Sea, and let Russia bring food and fertilizer to world markets without restrictions.

He also called for debt relief for poor countries to help keep their economies afloat and for the private sector to help stabilize global food markets.

The Berlin meeting’s host, German Foreign Minister Annalena Baerbock, said Moscow’s claim that Western sanctions imposed over Russia’s invasion of Ukraine were to blame for food shortages was “completely untenable.”

Russia exported as much wheat in May and June this year as in the same months of 2021, Baerbock said.

She echoed Guterres’ comments that several factors underlie the growing hunger crisis around the world.

“But it was Russia’s war of attack against Ukraine that turned a wave into a tsunami,” Baerbock said.

U.S. Secretary of State Antony Blinken insisted that Russia has no excuse for holding back vital goods from world markets.

“The sanctions that we’ve imposed on Russia collectively and with many other countries exempt food, exempt food products, exempt fertilizers, exempt insurers, exempt shippers,” he said.

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Bandits release Zamfara wedding guests after payment of ransom

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Bandits release Zamfara wedding guests after payment of ransom

Local and federal highways in the North-west have become vulnerable as bandits continue to ambush and abduct travellers.

The gunmen who abducted 29 people returning to Zamfara State from Sokoto State where they had gone to attend the wedding of colleagues have released them after the payment of an unspecified ransom.

The victims, who were mostly dealers of mobile phones and phone accessories at Bebeji Communication Market (Bebeji Plaza) in Gusau, the capital of Zamfara State were abducted in Sokoto 13 days ago.

Secretary of the GSM Dealers Association in the state, Ashiru Zurmi, confirmed the release of the victims but didn’t give details.

One of the victims reportedly died in captivity.

Though the amount paid as ransom to secure the release of the hostages has not been revealed, Abdullahi Lawal, whose brother was among those abducted, said their relatives were asked to make donations. He said his family raised N33,000 while the phone sellers’ association “provided the remaining money.”

“Every family was told to gather N400,000 while the members of the plaza and their colleagues in the state provided the remaining money. Some family members were able to raise the money in full, but we couldn’t. I took the money to the plaza and I was told that they were still negotiating with the bandits” he said.

He said he didn’t know how much was given to the bandits “but I’m happy that my brother is okay,” he said.

From N5m to N700,000

A phone accessories seller, Sharhabilu Muhammad, told PREMIUM TIMES over the phone that the officials of the phone dealers association negotiated with the bandits to reduce the ransom they originally demanded to release the captives.

“You know that the initial money they said was N5m for each of the captives but our officials kept negotiating with them (bandits) until they reduced the money to N700k,” he said.

When asked about the person who reportedly died in captivity, Mr Muhammed said his identity has not been revealed.

“We don’t know because even the bandits didn’t tell but we’ll surely find out when they (captives) arrive at Gusau tonight,” he added.

The police command spokesman, Mohammed Shehu, didn’t respond to calls and SMS sent to him on the development.

Backstory

PREMIUM TIMES reported that the wedding guests were abducted when bandits opened fire on the two buses they were travelling in a few kilometres after Bimasa in the Dogon Awo junction, Sokoto State.

They were returning from Tambuwal town in Sokoto State where they had attended the wedding of a colleague, Jamil Umar.

The captives were travelling on a Toyota Coaster bus belonging to the Universal Basic Education Commission UBEC and another bus owned by Gusau Local Government.

The bandits had demanded a ransom of N145 million to release the 29 hostages.

Bandits have been terrorising North-west states and a part of North-central Nigeria, killing and displacing hundreds of people and rustling domestic animals.

Travelling on federal and local highways is becoming dangerous as bandits block roads, abduct and kill motorists.

Major federal highways including Abuja-Kaduna, Gusau-Sokoto-Birnin Kebbi, and Birnin Gwari-Kaduna have become travellers’ nightmares with attacks and abduction or killing of travellers becoming a daily occurrence.

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Reps demand review of public officers’ salaries, allowances

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Reps demand review of public officers’ salaries, allowances

A motion seeking the intervention of the House of Representatives in the conflict between the Chief Justice of Nigeria, Tanko Muhammad, and Justices of the Supreme Court, over issues bordering on welfare and working conditions suffered a setback on Thursday.

While the House called for a general review of salaries and allowances of all political office holders and public servants, the members were divided over which committees should handle the task.

The Chairman of the House Committee on Judiciary, Onofiok Luke, had moved a motion to seek the intervention of the chamber in the crisis rocking the apex court and better welfare package for judicial officers across the courts.

Luke, who moved the motion titled, ‘Need to Address the Deteriorating Working Conditions of Judicial Officers,’ prayed the House to urge the Revenue Mobilisation Allocation and Fiscal Commission to upwardly review the remuneration of judicial officers in line with present economic realities.

The lawmaker prayed the House to urge the Federal Government to increase the budgetary allocation of the judiciary for the upcoming fiscal year and provide special intervention funds for the development of the arm

He further prayed the House to mandate the Committee on Judiciary to ensure compliance and report back within six weeks for further legislative action.

While the lawmakers were making amendments to the prayers, the Deputy Speaker, Ahmed Wase, called for an upward review of the welfare package of all public office holders.

Wase, who stated that he appreciated the memo from the Justices to the CJN, noted that only the RMAFC had the responsibility to review remuneration of government officials.

The Deputy Speaker made reference to a part of the motion that read, ‘The remuneration of judicial officers was last reviewed in 2008 by the RMAFC when the official exchange rate was N117.74 to $1, whereas the naira has considerably depreciated.’

Wase partly said, “I think this particular element does not affect just judicial officers, maybe because they cried out now. I don’t think it is right that we have to wait every time until people write letters of complaints and there is protest before we begin to do the right thing.”

Rephrasing Wase’s proposed amendment, Speaker of the House, Femi Gbajabiamila, said: “The DSP’s amendment is that we should not isolate the Judiciary and all those enumerated constitutional bodies and public office holders. They should be reviewed; a comprehensive review based on all the things that Hon Luke said – the exchange rates and this and that.”

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