Category: Judiciary

The Federal High Court Abuja, on Monday, refused to grant a request stopping  President Muhammadu Buhari from inaugurating the 43 ministerial nominees over the exclusion of an FCT indigene from his cabinet list.

The applicant, Mr Musa Baba-panya, who was also the counsel in the case, had, on Thursday, approached the court with an exparte motion, asking the court to stop the president from going ahead on the inauguration.

In suit number: number: FHC/ABJ/CS/878/19, Baba-panya, who is also an indigene of Karu in the Federal Capital Territory (FCT), said the president’s action was contrary to an Appeal Court’s judgment delivered on March 15, 2018.

President Buhari is the 1st defendant while the Attorney General of the Federation (AGF) is the 2nd defendant in the case.

News Agency of Nigeria (NAN) reports that the president would be inaugurating the 43 ministers-designate earlier confirmed by the Senate on Aug. 21 at the Federal Executive Council Chamber, Presidential Villa, Abuja.

Baba-panya, who argued that the Appeal Court’s ruling was a compelling order, said it was served on the president through the AGF.

The lawyer, in an originating summon dated Aug. 7 and filed Aug. 8, said that ”the 43 confirmed ministerial appointees now awaiting swearing-in or inauguration as the Federal Executive Council is incomplete, illegal, unconstitutional, null, void and of no effect whatsoever.”

Justice Taiwo Taiwo, however, noted that the suit was coming rather too late and therefore there might be no reason to stop the inauguration.

The judge, who asked the counsel to ensure that President Buhari is personally served with the motion notice.

NAN

A Badagry Magistrates’ Court in Lagos State on Wednesday remanded 15 men and one woman over alleged membership of an unlawful society, attempted robbery and unlawful gathering.

The defendants are are: Raimi Olanrewaju, 60; Taofeeq Olanrewaju, 26; Abiodun Olanrewaju, 28; Ope Lawal, 19; Eyolade Yusuf, 18; Joseph Uzoma, 20; Idowu Kazeem, 20; Ismaila Atanda, 20, and Sheriff Adekunle, 19.

Others are Morufu Sanni, 46; Fuwadi Agbalaya, 19; Afeez Alabi, 20; Jamiu Ajibade,19; Adeolu Thomas, 39; Sodiq Yusuf, 19; and the only woman, Aisat Aponmode, 20.

The defendants, whose addresses are not known, are facing a five-count charge of belonging to an unlawful society, attempted robbery, breach of peace, unlawful display of dangerous arms and unlawful gathering.

They pleaded not guilty to the charges.

The Magistrate, Mr Patrick Adekomaiya, remanded them in prison and adjourned the case until Aug. 27 for mention.

Earlier, the Prosecutor, ASP. Patrick Nkem, had told the court that the defendants committed the offences on Aug. 5, at about 10 p.m., at Eteghin community, Badagry, Lagos.

Nkem said the defendants belonged to an unlawful society and had in their possession, cutlasses, a dagger, a knife and an iron bar.

“The defendants conducted themselves in a manner likely to cause breach of peace by disturbing the peace of one Sabitu Anafiu and other community members.

“They were unlawfully displaying dangerous arms in public. They attempted to rob Anofiu and other members of the community.

“The defendants also took part in an unlawful gathering and rioting,” he said.

According to the prosecutor, the offences contravened Sections 168, 42, 51, 45 and 406 of the Criminal Law of Lagos State, 2015.

NAN

A Civil Society Organisation, The Integrity Friends for Truth and Peace Initiative (TIFPI) has stressed the need for further amendment of the 2010 Electoral Act and the National Broadcast Code to enhance the country’s electioneering process.

The organisation made the call in a statement signed by Mr Livingstone Wechie, its Executive Director, in Abuja on Tuesday.

It said the two amendments were necessary ahead of the 2023 General Elections.

It said the amendment should ensure urgent unbundling of the Independent National Electoral Commission (INEC) to insulate it from any form of political patronage.

It also proposed certain conditions following sack or resignation of electoral officers before they could join partisan politics, in line with Sections 306 and 307 of the 1999 Constitution.

It made particular references to the recent resignation of the Cross River INEC REC, Dr Frankland Briyai and Prof. Attahiru Jega, the immediate past chairman of the commission, who had both joined political parties.

As part of its input to the amendment, TIFPI had earlier proposed a 30-year jail term for electoral violence, vote buying and inducement.

It also proposed to the Ninth National Assembly to consider review of other laws relating to elections as a way of strengthening the nation’s democratic institutions.

“TIFPI proposed that the Electoral Act must be quickly amended to include that as a mandatory condition if an election official or INEC staff resigns or leaves office such official cannot join a political party or run for an election except 10 years ahead of such resignation or until after 10 years of his or her resignation or sack in keeping with Sections 306-307 of the 1999 Constitution of Nigeria.

“In the case of retirement such a person can only join a political party or run for an election after five years of retirement.

” These provisions are necessary because it is believed that such INEC or election official is in custody of sensitive election information exclusive to the Electoral empire classified from politically exposed persons.

“More so this is to protect the electoral integrity and trust of the electoral empire as well as insulate it from suspicions and unwarranted abuses or political patronage and sympathy.

“Recently the former INEC scribe Prof. Atahiru Jega announced his membership of a political party which he once deregistered to drive home his political ambitions.

“Shortly afterwards the INEC Resident Electoral Commissioner for Cross River State announced his resignation from his appointment as REC to run for governorship of his state.

“Whereas there is no express criminal liability or any other whatsoever in their actions even though many have raised moral questions, it raises a lot of curious and suspicious concerns which go to the root of public trust and confidence on the Electoral Empire, such a dangerous trend.

“Hence the need for this amendments to help purge INEC of any political contamination. Hence any breach of this fundamental proposed amendment should amount to a criminal liability,” it said.

On the NBC code, it said: “TIFPI canvases that our Media Laws should be strongly amended to make National Broadcasting Commission NBC fully independent to issue Broadcast Licence independently based on merit without recourse to Presidential approval.

” This will reduce the current situation where most Broadcast Licence holders are only those close to power.

“It will no longer be based on political patronage. we must borrow from advanced nations like USA where the Broadcast Licensing Authority is independent of the Oval office or president.

`This will enhance media freedom and kill the threats by politicians to harass and intimidate the media unduly who do not cow.

“It will enable government enjoy competitive debates with the masses and opposition. It will strengthen our electioneering reportage and access to media from all shades so people in election will not be limited in their access to press.”

The organisation also called for the harmonisation between the Broadcast code and the constitutional provision empowering Local Government Authorities with respect to radio and TV licence charges or fees.

It said the step would avoid double payment or taxation by media operators. (NAN)

The Federal High Court Abuja, on Tuesday, ordered parties in a suit regarding the crisis rocking the Edo State House of Assembly to stay all actions pending the conclusion of the case.

Justice Taiwo Taiwo, who gave the order, held that the parties should maintain status quo ante bellum ( “the state existing before the war”), however adjourned the hearing of the substantive suit until Aug. 22.

News Agency of Nigeria (NAN) reports that the Edo State House of Assembly and its Speaker, Mr Francis Okiye, had instituted a suit stopping the National Assembly from taking over the state assembly’s functions.

In an originating summon and a motion on notice for interlocutory injunction with suit number: FHC/ABJ/CS/815/2019, the plaintiffs, on July 23, asked the court to restrain the National Assembly from going ahead with its plans pending the hearing on the matter.

The matter, which was brought before Justice Nkeonye Maha, was adjourned to July 31 for hearing since the parties were yet to be served.

However, Counsel to the plaintiffs, Barrister Ola Olanipekun, SAN, told the court that after the defendants had been properly served as ordered by the court, the Senate on July 30, still went ahead to pass a resolution for the takeover of the assembly if the governor fails to comply with its resolution.

The respondents in the case are the Clerk of the National Assembly and the National Assembly of the Federal Republic of Nigeria.

The matter was, however, adjourned until Aug. 7 for hearing.

Justice Taiwo, on Tuesday, said the order was intended to prevent parties, particularly the respondents from foisting on the court a fait accompli.

”The order was informed by the apprehension expressed by lawyer to the plaintiffs, Ola Olanipekun, SAN, who said there were threats by the respondents to tamper with the subject of the dispute,” he said.

Taiwo, who refused to hear the plaintiff’s motion for interlocutory injunctions, chose to hear the substantive suit and granted accelerated hearing.

He ordered the respondents to file their responses to the main suit within seven days and for the plaintiffs to file their reply within five days.

NAN reports that the state’s 7th assembly was inaugurated in a controversial circumstances on June 17 when nine out of 24 members-elect during inauguration elected Mr Okiye as the speaker at past 9p.m.

However, besides the House of Representatives that threatened to take over the assembly should Governor Godwin Obaseki fail to issue a fresh proclamation for the assembly’s inauguration recently, the Senate also passed a resolution giving the governor a week to issue the proclamation letter or risk the takeover of the state’s legislature.

The one-week ultimatum had since elapsed. (NAN)

A Kano Chief Magistrates’ Court on Tuesday ordered the remand in prison of two men, Sani Sule, 27, and Nasiru Shehu, 34, for allegedly pushing one Mohammed Shamsu to his death.

The defendants, who separately  reside at Tsakuwa Quarters and Gida Dubu Quarters in Kano, are facing a two-count charge of criminal conspiracy and culpable homicide.

The Chief Magistrate, Muhamad Jibril, ordered their remand in prison, pending receipt of the advice from the State Director of Public Prosecutions (DPP) and adjourned the case until Aug. 20, for further mention.

The defendants, however, denied committing the offence.

Earlier, the prosecutor, Insp. Pogu Lale, told the court that a Patrol team attached to Panshekara Police Division, Kano, had on June 10, arrested the defendants.

Lale alleged that the victim, Shamsu, had slumped and became unconscious after the defendants, on June 9, at about 11:25 p.m. conspired and engaged him in  shouting  match  at Gida Dubu Housing Estate, Kano.

“The victim was rushed to Murtala Muhammad Specialist Hospital Kano, where he was confirmed dead,” he told the court.

The prosecutor said the offence contravened Sections 97 and 221 of the penal code.(NAN)

the Supreme Court on Tuesday dismissed a suit filed by Sen. Samuel Anyanwu challenging the emergence of  Gov. Emeka Ihedioha as the Imo governor.

Justice Jonn Okoro, in a lead judgment, held that the appellant failed to prove his case beyond reasonable doubt.

“The appellant has failed to prove beyond reasonable doubt the allegations made against the 1st respondent, therefore the case is hereby dismissed and cost of N200,000 awarded in favour of the first and second respondents.

Anyanwu had approached the Court seeking to nullify the victory of Ihedioha.

He urged the courts to declare him the authentic winner of the primary election.

He accused Ihedioha of engaging in over-voting, thuggery, which he alleged, swayed the polls in favour of Ihedioha who is now the governor of the state.

Ihedioha had in the primary election on October 1, 2018, got 1,723 votes to defeat Anayanwu who got 1,282 to come second.

The court of Appeal in Owerri, Imo State had struck out the suit challenging the emergence of the Imo state governor, Emeka Ihedioha, as the Peoples Democratic Party governorship candidate in the state.

The suit which had earlier been stuck out by the Owerri Federal High Court was filled by senator Samuel Anyanwu, who contested the primary election with Ihedioha.

In dismissing that suit, the jurist held that Anyanwu was unable to establish his allegations saying that the petitioner did not bring enough evidence to convince the court.

NAN

The Police in Lagos on Wednesday arraigned a Travel Agent, Oluwasegun Gbeleye, 34, before a Surulere Chief  Magistrates’ Court over alleged N2.7 million Australian visa fraud.

Gbeleye, whose address was not provided, appeared before the court on a four-count charge of conspiracy, forgery, fraud and stealing.

He however, pleaded not guilty to the charges.

The Chief Magistrate, Mrs Oluyemisi Adelaja, granted him bail in the sum of N500, 000 with two sureties in like sum.

Adelaja ordered that the sureties must be gainfully employed and show evidence of two years’ tax payment to the Lagos State Government.

She however, adjourned the case till Aug. 12 for mention.

Earlier, the Prosecutor, Sgt. Anthonia Osayande, alleged that the defendant defrauded Mr Prince Nnadozie, sometime in March 2018 at Randle General Hospital, Lagos.

Osayande said that the defendant fraudulently obtained N2.7 million from Nnadozie, with a promise to secure five Australian visas and work permit for him, but failed to do so.

She alleged that the defendant made his client five fake Australian visas and converted the money to his personal use.

The prosecutor said that when Nnadozie knew that he had been swindled and asked for his money back, the defendant insisted that he was still working on the visas.

Osayande told the court that the defendant perpetrated the crime with the aid of  Rosemary Chichi, still at large.

The offences contravene Sections 287, 314, 365 (1) and 411 of the Criminal Laws of Lagos State, 2015 (Revised).

The News Agency of Nigeria (NAN) reports that Section 287 prescribes three years imprisonment for stealing. (NAN)

The Supreme Court on Monday rejected a request by All Progressives Congress (APC) for it to review its last judgment in which it voided the participation of its candidates in the last elections in Zamfara State.

A five-man panel of the court, led by Justice Olabode Rhodes-Vivour, in a ruling early on Monday, struck out the application marked: SC/377/2019 filed by the APC, seeking a review of the judgement.

The court rejected effort by the lawyer to the APC, Robert Clarke (SAN), to take a second look at the decision given earlier this year.

More to come……

The Supreme Court on Monday rejected a request by All Progressives Congress (APC) for it to review its last judgment in which it voided the participation of its candidates in the last elections in Zamfara State.

A five-man panel of the court, led by Justice Olabode Rhodes-Vivour, in a ruling early on Monday, struck out the application marked: SC/377/2019 filed by the APC, seeking a review of the judgement.

The court rejected effort by the lawyer to the APC, Robert Clarke (SAN), to take a second look at the decision given earlier this year.

More to come……