Category: Judiciary

By Mustapha Yauri

Hajiya Binta Zubairu, Justice of the Court of Appeal (JCA) on Sunday in Zaria said judges are not the cause of delay in the dispensation of justice as erroneously believed by some Nigerians.

Zubairu made this known on the sidelines of a reception organised in her honour in Zaria on recent elevation as a Justice of the Court.

Judges are being wrongly accused of delay in dispensing justice by the public.

“Judges work as a team with the prosecution, lawyers and others. Speedy dispensation of justice requires the prompt efforts of the police, prosecution, assembling of exhibits by lawyers and presenting them correctly before the judges in court in accordance with the laws.

“Most times  the judges or magistrates are ready to adjudicate but the prosecution would not be ready or the lawyers will come with one excuse or the other.

“These are facts that are glaring in Courts but because we the judges can’t voice out their frustration, all the blames are shifted and heaped on us, ” she said.

She said most times it takes the police longer than usual to conclude investigation in a simple case.

Zubairu commended the  Zazzau emirate for identifying and rejoicing with her over her promotion and appointment.

According to her, her elevation to the court of appeal is for the joy of the entire Zazzau Emirate and humanity.

She expressed gratitude to the Almighty God for making her the first female in the Zazzau Emirate to be elevated to the rank of Justice of the Court of Appeal.

“As a child, it was not my wish to be a magistrate or a judge. I wanted was be a principal of a school.

“I wanted to be a principal because as a kid I desired to see that all children go to school to be educated.

“I have not in my wildest imagination, thought I will be a judge but destiny took me to the judiciary,’’ she said.

Earlier, the Emir of Zazzau, Malam Ahmad Bamalli said “the emirate was proud of justice Zubairu’s as  the first female from the emirate to attain that height in the judiciary.

The emir enjoined the celebrant to be good ambassador of the emirate by exhibiting high sense of honesty and professionalism in her endeavour.

Also speaking, the Chairman of the Presidential task force committee on prison decongestion and former FCT Chief Judge, Justice Ishaq Bello urged young judges to imbibe the culture of hard-work and dedication to enable them excel.

Bello while congratulating justice Zubairu, advised her to follow the ethics of the profession for effective delivery.

NAN

 

By Flowerbudnews

Enugu: Mr Chris Agu, the Governorship Candidate of the Peoples Redemption Party (PRP) in Enugu State, has vowed to appeal the State Governorship Election Petitions Tribunal judgement on the alleged NYSC certificate forgery against Gov Peter Mbah.

Agu made the vow in Enugu on Thursday while reacting to the tribunal’s dismissal of his petition challenging the alleged forgery of the National Youth Service Corps (NYSC) certificate by Gov Mbah of Enugu State.

The News Agency of Nigeria (NAN) reports that the tribunal dismissed the petition of the PRP on NYSC certificate forgery leveled against Mbah, candidate of the Peoples Democratic Party (PDP) in the March 18, 2023 Governorship Election.

The three-man tribunal led by Justice K. M. Akano also ruled that Mbah was duly elected by majority of votes cast at the election.

Agu brought allegation of NYSC certificate forgery and over voting against PDP and the party’s candidate, Mbah.

The tribunal said that there was no evidence before it to support PRP’s claim that a forged certificate was submitted to INEC, adding that the issue was not contained in the petitioner’s affidavit in particular.

It further stated that to prove forgery, both the original and the supposedly forged certificate ought to have been exhibited.

Reacting, Agu said that he was rejecting the judgement both physically and spiritually, adding that he presented all documents necessary for the prosecution of the matter.

“I am going to appeal the judgement and pursue it to the highest court in the land,” he added. (Flowerbudnews)

 

By Flowerbudnews

Enugu: Gov. Peter Mbah has lauded the decision of the Enugu State Governorship Election Petitions Tribunal in dismissing petitions of Peoples Redemption Party (PRP) and Labour Party (LP) candidates challenging his election victory.

 

“This landmark judgment of the tribunal is a victory for democracy and the people of Enugu State,” Mbah said in a swift reaction after the judgment in Enugu on Thursday.

 

The governor, who also extended hands of fellowship to the opposition candidates and their political parties, said the task to build Enugu remained a collective one.

He noted that he was committed to working with all, irrespective of political persuasions.

 

Earlier, the Tribunal chaired by Justice Kudirat Akano, had dismissed the petitions of the governorship candidate of the PRP, Mr Chris Agu, and candidate of the LP, Chief Chijioke Edeoga, challenging his victory in the March 18, 2023 Governorship Election.

 

Mbah, who addressed a mammoth crowd of his supporters in Government House, said: “This is another memorable day in the anal of our dear state, as the Tribunal affirmed the mandate, which you freely gave to us on March 18.

 

“This is victory for Ndi (people of) Enugu. It is also a victory for democracy.

 

“It is a victory for massive development for Ndi Enugu. It is a victory for exponential growth for Ndi Enugu. It is a victory for Enugu’s greatness.

 

“It is a victory for the ban on Monday sit-at-home. It is also a victory for our determination to restore water in all your homes in the next 68 days.”

 

While thanking God for making the victory possible, Mbah also commended the Tribunal for painstakingly dissecting the petitions and “for coming out with fair and just decision that resonates with Ndi Enugu”.

According to him, the verdict has further strengthened our confidence in the judiciary as the temple of justice and the last hope of the common man.

 

Extending hands of fellowship to his opponents, Mbah said: “There is time for everything under the sun. There is time to strive and time to unite. We all put ourselves forward to serve Ndi Enugu.

 

“The people have spoken and the tribunal has also affirmed. If service was the motivation, then it is time to rise above partisanship and come together because there is so much work to be done.

“Our arms are wide open and I beckon to my brothers, who ran this race with us, to join us in the onerous task of building a new Enugu State of our dreams.

 

“In the same vein, I enjoin all our supporters to be magnanimous in victory. Politics is over. Governance began on 29th May when we were inaugurated. It is time to unite”.

 

Mbah, who reiterated his resolve to deliver on his campaign promises, further stressed that the Tribunal’s decision was an elixir to do more, and urged the people to hold him to account on those promises.

 

“Once more, I immensely thank the good people of Enugu State, who not only believed in us, but also vested their mandate in us. Above all, they (Enugu State people) have stood by us every step of the way.

“I want to assure them that I will work for them with every fibre of my being. I stand by every campaign promise I made as espoused in our Statement of Purpose.

“I also stand by the Citizens Charter that I executed on my first day in office. The Enugu people should hold me to account. I will not let them down,” he added. (Flowerbudnews)

 

By Emmanuel Mogbede

Abuja:  The Chairman, All Progressives Congress (APC), Alhaji Abdullahi Ganduje, has urged residents of Kano State to remain peaceful, assuring that their businesses will flourish.

He gave the assurance on Wednesday in Abuja while reacting to the judgment of the Kano State Governorship Election Petitions Tribunal, which affirmed the APC candidate, Dr Yusuf Gawuna, in the March 2023 governorship election as validly elected.

The News Agency of Nigeria (NAN) reports that Justice Oluyemi Akintan-Osadebay delivered the judgment.

NAN also reports that the APC had challenged the declaration of Gov. Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP) as the winner of the March 18 Kano State governorship election.

Ganduje, flanked by Gawuna and a former governor of the state, Sen. Kabir Gaya, urged the people of Kano State to remain peaceful.

“Today is a historic day, we thank Allah for providing an enabling environment for the judiciary to deliver fair, transparent judgement in our favour,” Ganduje said.

He described the judgement as a true reflection of the wishes of the people of Kano State, and thanked the judiciary, APC leaders and business community in the state for their support.

The APC national chairman commended Kano State residents for being patient and for their continuous prayers for Allah to grant the APC victory.

“We urged them to continue to be peaceful, to continue to conduct themselves in a peaceful manner.

“We assure the business community that our new government if we come in under our able Governor, Dr Yusuf Gawuna, businesses will flourish in Kano,” he said.

He thanked President Bola Tinubu for creating an enabling environment for the judiciary to flourish in the country and members of the press for adequate coverage and enlightening the people.

Gawuna in his remarks, thanked Allah for the court judgment, saying it was his doings and also thanked the judiciary for being fair.

“We pray that Allah will give us the health and life to be able to deliver to the people on the right path,” he said, assuring that his government would be fair to everybody in the state. (NAN) (www.nannews.ng) / Flowerbudnews

 

By Ramatu Garba

Kano:  The Kano State Election Petition Tribunal on Wednesday nullified the election of Gov. Abba Kabir-Yusuf of the New Nigeria Peoples Party (NNPP).

It declared the candidate of All Progressives Congress (APC), Alhaji Nasiru Yusuf-Gawuna as the winner of the March 18 governorship election in the state.

Delivering judgment through zoom, the three-man panel, led by Justice Oluyemi Akintan-Osadebay, held that APC and Yusuf-Gawuna proved their case beyond reasonable doubt with substantial documentary evidence of over-voting.

According to the tribunal, “165,663 invalid votes were wrongly credited to Kabir-Yusuf and the election was not conducted in compliance with the 2022 Electoral Act.

“Some of the ballot papers were neither signed nor stamped.’’

It held that after the deduction of valid votes scored by the candidates, Yusuf-Gawuna scored 890,000, while Kabir-Yusuf polled 853,926 votes.

The tribunal held also that Kabir-Yusuf was not even a member of the NNPP, 30 days before party’s primary election as stipulated by the Electoral Act and was, therefore, not competent to contest.

“The position of the law is that a candidate must be a bona fide member of a political party before he is allowed to contest an election.

“The petitioners have proved their case of over-voting, violence, vandalism of ballot papers, and disenfranchisement of voters,’’ the tribunal chairman declared.

The tribunal ordered INEC to withdraw Kabir-Yusuf’s Certificate of Return and issue same to APC’s Yusuf-Gawuna as the duly-elected governor of Kano State.

Yusuf-Gawuna and the APC headed to the tribunal to challenge INEC’s declaration of Kabir-Yusuf as the winner of the said election.

Respondents in the petition were INEC, Kabir-Yusuf and the NNPP.

INEC had earlier declared Kabir-Yusuf winner of the poll and credited him with 1,019,602 votes against Yusuf-Gawuna’s 890,705 votes.

Yusuf-Gawuna called 32 witnesses to testify in his favour, while INEC closed its case without presenting any witness.

On the other hand, Kabir-Yusuf called only his Secretary to the State Government, Dr Abdullahi Baffa-Bichi, as witness.

His party, the NNPP did not call any witness.

Yusuf-Gawuna had also prayed the tribunal to declare that NNPP had no candidate in the election as Kabir-Yusuf was not on the register of party members submitted to INEC at the time of the election. (NAN) (www.nannews.ng) /Flowerbudnews

 

Abuja: A Federal High Court, Abuja, on Wednesday, discharged and acquitted Prof. Obiajulu Obikeze and four others of allegations bordering on forgery of chieftaincy documents.
Justice Inyang Ekwo, in a ruling on the defendants’ motion on notice dated April 29, 2022, and filed by their counsel, Kelvin Nwufo, SAN, quashed the 11-count charge in its entirety for being invalid, unconstitutional and ultra vires.

“The 1st, 2nd, 3rd, 4th and 5th defendants are hereby discharged and acquitted. This is the order of this court,” Justice Ekwo declared.
The judge agreed with the defendants that filing the suit marked: FHC/ABJ/CR/184/2021 after a similar matter had already been decided in an Anambra High Court and two more suits were still pending before the courts on same subject matter was an abuse of court process.

“It is the law that where persons have submitted to the jurisdiction of the court, they are bound by the judgement thereof,” he said.

It would be recalled that the police had, on Feb 22, 2022, arraigned Prof. Obikeze, who works with the Chukwuemeka Odumegwu Ojukwu University, formerly known as Anambra State University Igbariam in Anambra,

Obikeze, the 1st defendant, was arraigned alongside Dr Raymond Ofor, Chief Ezue, Sir Amobi Nwafor and Okafor Bethram IK as 2nd to 5th defendants respectively.

The Federal Republic of Nigeria, through the Inspector-General of Police, was the complainant in the 11-count charge.
The defendants, however, pleaded non-guilty to all the charges.

In the charge marked: FHC/ABJ/CR/184/2021 dated and filed on July 6, 2021, by the prosecution lawyer, Celestine Odo, the defendants were charged for the offences of conspiracy, forgery of the constitution of the Igweship Constitution of Awa, and punishable under Section 1 (2) (c) of the Miscellaneous Offences Act, Cap. M17 Laws of the Federation of Nigeria, 2010.

They were alleged to have committed the offence around Jan.15, 2019, at Awa, Orumba North Local Government Area of Anambra.
While count two accused them of uttering forged documents, count three accused them of making “a forged letter to the Special Adviser to the Governor of Anambra on Chieftaincy and Towns Union Matters.

The document was titled, “Submission of Awa Chieftaincy Constitution,” knowing it to be false, with intent that it may be acted upon as genuine at the Government House, Awka, Anambra State.”

But in a preliminary objection dated April 29, 2022, the defendants’ lawyer, Nwufo, prayed the court to dismiss the charge for being an abuse of court process.

The senior lawyer argued that an High Court of Anambra had already delivered judgment in a similar matter in suit number: AG/155/2018 on Jan. 29, 2020 in which the court dismissed the case.

Besides, he said that two others matters were pending in the state courts.

Delivering the ruling, Justice Ekwo held that even if someone later wrote a petition on a matter that judgement had been given, It was the duty of the police to advise the parties or any person connected thereto to either obey the judgement or proceed on appeal.

“It can be seen from the respective averments of the parties to this application that the criminal charge in this case, is an attempt by the nominal complainants to use the police to intimidate, harass, frighten and cow the defendants/applicants.

“On this ground, I find that this charge is a product of self-help and cannot be allowed to stand and I so hold. I make an order dismissing it,” he declared.(NAN)(www.nannews.ng) / Flowerbudnews