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Man on death row for decades released on bail after DNA tests show no match to him

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A Utah judge has ordered a 71-year-old man to be released on bail after he spent decades on death row for a 1985 killing after prosecutors said newly analyzed DNA evidence did not match him.

Douglas Stewart Carter was sentenced to death that same year after a jury found him guilty of murd£ring Eva Olesen, an aunt of the Provo police chief at the time.

The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced.

No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and two witnesses who said he bragged about killing Olesen, who was White.

Defense attorney Neal Hamilton said Carter will be placed in an extended-stay accommodation near the family of his son, who was adopted by another family as an infant and didn’t learn about the conviction until years later. Carter will also need therapy to deal with his extended incarceration, Hamilton said.

“It’s not just as simple as, ‘Let’s let him go,’” Hamilton said. “He’s being released with 41 years of state-induced trauma and the effect it will have on him is very real.”

Judge Derek Pullan had scheduled a two-month retrial for 2027, but last week Utah County prosecutors withdrew a notice that they intended to seek the death penalty.

The prosecutors said results of a DNA analysis received September 22 exclude Carter as a possible match to blood found on a doorknob and genetic material recovered from the handle of a knife used to stab Olesen, who was also shot.

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Utah County prosecutor Erwin Petilos told the judge Monday that reassessing Carter’s bail was “necessary and fair” as the state continues to look at the remaining evidence in the case.

Carter, a Chicago native, had been living with his mother in Utah at the time of Olesen’s killing on February 27, 1985. Court documents indicate the investigation eventually focused on Carter, who was suspected of killing Olesen during a robbery.

By that April, Carter had fled Utah believing he was a suspect in an unrelated assault case, according to court documents. He was apprehended that June in Nashville, Tennessee, where Carter signed a confession while under interrogation by a Provo detective.

Carter said later that he had given a false confession after being repeatedly threatened by police. He was convicted and sentenced to death after a trial in which the defense called no witnesses. He was again sentenced to death after a 1992 retrial, and courts in Utah rejected numerous appeals from Carter in subsequent years.

A turning point came in 2011, when the two witnesses at his original trial were tracked down in Mexico. They said they had been told to lie in court and were given cash and gifts by police who told them not to disclose the payments. They also said police and prosecutors threatened them and their son with deportation if they did not implicate Carter.

More than a decade of legal wrangling followed before the Utah Supreme Court last year ordered a new trial, citing “multiple instances of intentional misconduct” by police and a prosecutor.

A DNA analysis of the evidence was conducted in response to that order, and prosecutors said the results arrived last week. They declined Monday to say whether they’re using the DNA evidence to search for other suspects with matching DNA.

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Dam overflow floods Edo community, residents fear disaster

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Heavy floods have caused the overflow of the Ojirami dam in the Enwan Community in the Akoko-Edo Local Government Area of Edo State, destroying an oil mill and causing losses for a poultry farm.

Also, students were prevented from attending classes, farmers were hindered from going to their farms, while many stores were not open for business.

The rain was said to have started at about 6 am causing the dam to overflow as erosion took over the major roads in the community, while houses and business places were also flooded.

The owner of the poultry farm, Monday John, told journalists that his means of livelihood had been destroyed, wondering how he would start again in these difficult times.

“That is my house. I have poultry. The flood took over everywhere and killed 1,400 of my birds. The rain began at 6 am and I woke up to see water everywhere. The government should talk to the water board people.

They should tell them when to release water,” he added.

Another resident, Chief John Omaze, said flood water entered his house and destroyed his property and his palm oil mill.

“Flood destroyed my palm oil mill. Our children could not go to school, and many people did not go to the farm.”

Another resident, who gave his name as Ehis, noted that there is fear among residents that a major disaster might occur if the dam collapses, calling on the state government to take action to prevent the disaster.

“The government must take action now. If the dam collapses, the effect might be far-reaching as communities will be submerged,” he added.

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Source: punchng.com

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Let Nigerians choose leaders, Onaiyekan tells INEC ahead of 2027 elections

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Former Catholic Archbishop of Abuja, John Cardinal Onaiyekan, has, again, asked the Independent National Electoral Commission and political actors to ensure that Nigerians are allowed to freely choose their leaders in a free, fair and credible 2027 election.

Cardinal Onaiyekan stated this on Monday in Abuja when he received the Savannah Centre for Diplomacy, Democracy and Development and the Council of the Wise, led by former Chief Justice of Nigeria, Justice Olukayode Ariwoola.

He urged the electoral umpire and political stakeholders to abide by the rules governing elections and ensure that Nigerians were allowed to freely choose their leaders.

He also called on security agencies to maintain professionalism during the 2027 elections, warning against actions that could create tension or turn the country into a “war zone” because of the polls.

Onaiyekan stated, “There’s not much one can do, but all we can do is to remind people about the basic principles of a free, fair, and credible election.

“I hope that people, both the political gladiators and I hate the word, because gladiators are not very nice actors- political competitors on the field.

“And the umpire, that is the INEC. When I say the political actors, I include the government, because the government has a party that is also in the race. All of them, if they will follow the rules that we have made for ourselves, things will work well.”

On the efforts of the National Peace Committee, Onaiyekan said the committee had done its best to promote peaceful elections, including organising the signing of a peace accord by political actors committing themselves to responsible conduct.

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He, however, expressed concern that some political actors had violated such commitments, saying he remained hopeful that the 2027 elections would be better.

Onaiyekan added that Nigeria’s elections had not improved significantly since 1999.

He continued, “I don’t think it has been improving. And if you look, for example, at the voter party figures, it’s not encouraging. Professor Joash Amupitan, INEC chairman, has promised us that he’s going to deliver a free, fair, and credible election.

“So, to the INEC chairman, don’t tie your own hand. Do the right thing. The President says you are free. He’s not going to put undue pressure on you to do the wrong thing.

“So everybody must be responsible for what they do. And so there will be no room for people to be looking for excuses for not doing the right thing.

“You don’t need AI to have a free and fair election. We have practical rules. Let them do that. Let Nigerians, for once, there are only once in four years. Let us as individuals talk and take our decision about who rules us. They should allow us to enjoy that right to choose who we want to rule us.”

Speaking during the visit, the Ariwoola-led Council of the Wise urged Onaiyekan to intensify calls on politicians to ensure peaceful, free, fair and credible elections in 2027.

The council also asked politicians to avoid hate speech, rancour and inflammatory statements capable of triggering violence.

The former CJN urged political parties and candidates to abide by their constitutions, codes of conduct and INEC guidelines.

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He stated, “Your Eminence, the main purpose of the council’s visit to you is to appreciate the fatherly role you have been playing in Nigeria and to request you to double your efforts in appealing to the Nigerian politicians to always listen to their own wise counsel during the upcoming political campaigns to have peaceful, free, fair and successful 2027 elections.

“It is also important for His Eminence to call on all candidates to ensure that the political campaigns are devoid of rancour, hate speech, inflammatory and unguided utterances capable of instigating violence. Nigeria deserves peaceful, transparent 2027 elections.

“The council will be very grateful if His Eminence would join it in appealing to the leaderships of political parties in Nigeria to always abide by the codes of conduct and constitutions of their respective parties so that they could earn the trust and respect of the electorate.

“It is also important to remind all candidates that as responsible Nigerians who aspire to secure the mandate to lead the country as a whole, exemplary conduct and inspiring attitude are expected from them at all times.

“They should lead in compelling members of their political parties and supporters to fully comply with the electoral laws and guidelines issued by the electoral umpire, to develop a culture of integrity and trust.”

The council comprises prominent Nigerians drawn from the six geopolitical zones and is mandated to engage stakeholders, promote national unity and strengthen democratic governance.

Source: punchng.com

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Rivers Assembly joins Osun, Edo in backing state police bill

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The Rivers State House of Assembly has backed the bill for the creation of state police in Nigeria.

With its backing, the Assembly joined its counterparts in Osun and Edo in declaring support for the bill.

Recall that the bill was sent to the state Houses of Assembly by the National Assembly for consideration after it was formally transmitted to the Clerk to the National Assembly on September 16, 2026.

Going by Section 9 of the Constitution, at least 24 of the 36 state Houses of Assembly must approve the amendment before it can be sent to the President for assent.

The proposed amendment seeks to create a decentralised policing system, with the Presidential Working Group saying it would bring policing closer to Nigerians by providing safeguards for its operation.

The National Assembly has given the state legislatures a 30-day administrative time frame to consider the bill.

The Rivers Assembly, during plenary on Monday, voted unanimously to approve the proposed alteration of the 1999 Constitution, as forwarded by the National Assembly, to provide a constitutional pathway for the establishment of state police in Nigeria.

The item dominated Monday’s plenary, presided over by the Speaker, Martin Amaewhule.

The Speaker said the Assembly fully supports the efforts of President Bola Tinubu to secure the lives and property of citizens through the establishment of state police.

Before putting it to a vote, Amaewhule drew the attention of his colleagues to Section 9 of the 1999 Constitution, as amended, which empowers the National Assembly to alter the Constitution.

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He explained that under Section 9(2), such an alteration must be supported by two-thirds of the members of each House of the National Assembly and approved by resolution of the Houses of Assembly of not less than two-thirds of all the states.

He stated, “As required by the Constitution, our responsibility will be to vote whether or not we approve of the alteration of the Constitution so proposed by the National Assembly.

“No debate is allowed; we will just vote whether we accept or we do not accept.”

The Speaker then presented the Constitution of the Federal Republic of Nigeria 1999 (Fifth Alteration) Bill, 2022, explaining that it seeks to create a constitutional pathway for the establishment of State Police Services, subject to the Constitution and to an Act of the National Assembly prescribing national minimum policing standards.

According to him, the bill preserves the Federal Police Service as the default police service in any state until a state police service is lawfully established and certified operational, and retains the continuing federal policing role in every state and the Federal Capital Territory, Abuja.

It also establishes constitutional guardrails covering civilian control, human rights, national minimum standards, independent Police Service Commissions, intergovernmental cooperation, criminal information systems, firearms control, and exceptional federal intervention in state policing in cases of breakdown, serious incapacity, national security threat, or egregious abuse.

The Speaker further said the detailed organisation, procedures, operational control, certification, complaints mechanisms, grants, and implementation arrangements are to be left to subsequent Acts of the National Assembly and, where applicable, the laws of the state Houses of Assembly.

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Amaewhule noted that the bill contains 26 clauses, including 25 alterations or substitutions to provisions of the Constitution, which he read out to the House.

Following the reading, a vote was taken, with all the lawmakers present indicating support by raising their hands.

Announcing the outcome, the Speaker said the Clerk had counted the votes: 25 members were in favour, none against, and there was no abstention.

“By this vote, the 10th Assembly of Rivers State is fully in support of the Constitution of the Federal Republic of Nigeria 1999 (Fifth Alteration) Bill, 2022,” the Speaker declared.

He said the Assembly fully supports the Federal Executive Council, headed by President Tinubu, in ensuring that the security of lives and property remains a top priority for all levels of government.

“Anything that needs to be done towards ensuring that our people are properly protected, so that people can move freely, stay in their houses, go about their normal businesses without fear or hindrance by anybody or group of persons, will continue to be our top priority,” Amaewhule said.

The Speaker described the introduction of police at the sub-national level to complement the Federal Police as a welcome development.

“We believe in this 10th Assembly of Rivers State that everybody needs to work together.

“We don’t expect that there will be any state assembly that will say no to this particular effort, so that everybody can begin to work in tandem for our people to heave a sigh of relief,” Amaewhule added.

He thanked the lawmakers for casting what he called the right vote after consulting their constituents, noting that Nigerians have for years clamoured for police at the sub-national levels to complement the efforts of the police.

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Source: punchng.com

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