Flowerbud News

Category: Judiciary

  • Supreme Court upholds Ododo’s election, dismisses Ajaka’s case

    Supreme Court upholds Ododo’s election, dismisses Ajaka’s case

    Flowerbud News

    A five-member panel of the apex court, in a judgment, held that the appeal by the Social Democratic Party (SDP) and  its candidate, Muritala Ajaka, marked: SC/CV/654/2024 was without merit and proceeded to dismiss it.
    Justice Sadiq Umar, who authored and read the lead judgment, resolved all the three issues identified for determination in the appeal against the appellants.
    The News Agency of Nigeria (NAN) reports that a three-member panel of the Appeal Court, in a unanimous judgement delivered by Justice Onyekachi Otisi on July 11, had upheld the decision of the Kogi State Governorship Election Petition Tribunal.
    The appellate court held that the SDP and its governorship candidate,  Ajaka, failed to prove the allegations contained in their appeal beyond reasonable doubt as required by law.
    The court equally dismissed the appeals filed by Action Alliance (AA) and its governorship candidate, Olayinka Braimoh; and that of the Peoples Redemption Party (PRP) and its governorship candidate, Dr Abdullahi Bayawo, challenging Ododo’s victory.
    Justice Otisi, while delivering judgment on SDP and Ajaka”s appeal, agreed with the election petition tribunal which sat in Abuja.
    The judge said the tribunal was right to have expunged the evidence of the 1st prosecution witness (PW-1) called by the petitioners on the ground that the evidence tendered by the witness was a documentary hearsay.
    She said witnesses, whether subpoenaed or normal, are supposed to front-load their witness statements on oath as required by law.
    The judge held that the petitioners’ witnesses were incompetent because their statements did not accompany the petition in line with the electoral laws
    She agreed with the tribunal that there were inconsistencies in the case of the appellants.
    According to her, the allegation of forgery of document that Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the tribunal.
    The said action, Justice Otisi held, happened before the conduct of the Nov. 11, 2023 governorship election in the state and as such, cannot be legislated upon by the lower tribunal.
    The judge also held that the allegation of forgery of document ought to be proven beyond reasonable doubt.
    Justice Otisi subsequently resolved all the issues raised in the appeal against the appellants.
    NAN reports that the tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the Nov. 11, 2023 Kogi governorship poll.
    The three-member panel of justices, headed by Justice Ado Birnin-Kudu, held that the petition was bereft of substance and accordingly dismissed it.
    The tribunal held that SDP and Ajaka failed to prove the allegations of over-voting and non-compliance with the Electoral Act, 2022 in the petition.
    The panel, in a unanimous, decision held that all the witness evidence filed before it were incompetent and full of inconsistencies.
    It also agreed with the submissions of the respondents that the allegations of forgery raised in the petition were pre-election matter, which ought to have been raised 14 days after the documents were submitted to INEC.
    Kogi had, on Nov. 11, 2023, held its off-cycle election in which Ododo of the APC emerged winner, beating his closest rival, Ajaka of the SDP with a wide margin.
    Unsatisfied with INEC’s declaration of Ododo as winner of the poll, Ajaka and his party dragged the electoral umpire, Ododo and APC to the tribunal as 1st to 3rd respondents respectively.
    NAN
  • Commotion as Supreme Court delivers judgment in Bayelsa, Imo, Kogi governorship election dispute

    Commotion as Supreme Court delivers judgment in Bayelsa, Imo, Kogi governorship election dispute

    Flowerbud News

    The News Agency of Nigeria (NAN) reports that the court had fixed today, Aug. 23 for the final judgment of the Nov. 11, 2023 governorship poll conducted in Bayelsa, Imo and Kogi by the Independent National Electoral Commission (INEC).
    However, lawyers, litigants, journalists and supporters of different candidates found it difficult to access the courtroom as police officers and private security guards from Halogen Security, restrained everyone from going into the courtroom.
    NAN reports that at about 1pm, accessing the court had become difficult as many journalists were denied entrance into the courtroom.
    The development resulted in commotion at the premises of the court as supporters of candidates in the elections struggle to have access into the courtroom at all cost.
    NAN reports that a five-member panel of the court is  presided over by Justice Garba Lawal.
    The panel is to is deliver judgment in the petitions filed by the APC governorship candidate in Bayelsa, Timipre Sylva; PDP candidate in Imo, Samuel Anyanwu and Murtala Ajaka of Social Democratic Party (SDP)’s candidate in Kogi by 2pm.
    They are challenging the election  victory of Gov. Douye Diri of Bayelsa (PDP); Gov. Hope Uzodinma of Imo (APC) and Gov. Usman Ododo of Kogi (APC) respectively.
    NAN
  • Bayelsa poll: Supreme Court reserves judgment in Sylva’s appeal

    Bayelsa poll: Supreme Court reserves judgment in Sylva’s appeal

    Flowerbud News

    The Supreme Court, on Monday, reserved judgment in the appeal filed by Timipre Sylva, the All Progressives Congress (APC)”s candidate in the Nov. 11 governorship election in Bayelsa.

    The five-member justices, headed by Justice Garba Lawal, adjourned the judgment to a date that would be communicated to parties after counsel adopted their processes in the appeal.
    Earlier, counsel to Sylva, Onyechi Ikpeazu, SAN, prayed the justices to set aside the judgments of the Bayelsa State Governorship Election Petition Tribunal and the Court of Appeal which had earlier dismissed their petition.
    Ikpeazu asked the apex court to invalidate the declaration of Gov. Douye Diri of Bayelsa by the Independent National Electoral Commission (INEC) as winner of thel poll and declare Sylva as the lawful winner of the election.
    But Chris Uche, SAN, who appeared for Diri, urged the court to dismiss the appeal brought against his client.
    Uche insisted that Sylva’s appeal was terribly bad beyond redemption as no witness or documents supported his request being made at the court.
    He maintained that the appeal was devoid of merit and should be dismissed in its entirety.
    INEC, represented by Charles Edoshomwan, and Peoples Democratic Party (PDP), represented by Tayo Oyetibo, SAN, all supported Uche’s call for the dismissal of the appeal for want of merit.
    The panel, thereafter, reserved judgment in the appeal.
    NAN
  • Kogi poll: Supreme Court reserves judgment in appeal filed by Ajaka

    Kogi poll: Supreme Court reserves judgment in appeal filed by Ajaka

    Flowerbud News

    The Supreme Court on Monday, reserved judgment in the appeal filed against the tribunal and Appeal Court judgements by Murtala Ajaka, candidate of the Social Democratic Party (SDP) in the Kogi governorship election.
    Earlier, the apex court declined a request by Ajaka’s counsel for the constitution of a full panel to hear and determine his appeal.
    At the hearing on Monday, Pius Akubo, SAN, told the court that he had applied to the Chief Justice of Nigeria (CJN) to allow a full panel of the Supreme Court to hear the appeal in view of Paragraphs 4.28 and 4.29 of the appellant’s brief of argument.
    Akubo had argued that the five-member panel presently constituted should be increased to seven justices.
    He said they had not received a response from the CJN.
    But lawyers to the respondents kicked against the application and urged the court to proceed with hearing.
    Emmanuel Ukala, SAN, representing the All Progressives Congress (APC), the 3rd respondent, argued that there was a decision of the Supreme Court that a five-man panel could take an application for departure from a previous decision.
    Ukala’s submission was supported by Chief Kanu Agabi, SAN, who appeared for Independent National Electoral Commission (INEC), the 1st respondent, and Joseph Daudu, SAN, who represented Gov. Usman Ododo of APC, the 2nd resoobdent in the appeal.
    In a short ruling, Justice Garba Lawal, who led the five-man panel, held that election appeals are time-bound, and that the court constituted as a five-member panel had the jurisdiction to determine the appeal as presented.
    The five-member justices of the apex court therefore proceeded with the hearing of the appeal.
    Daudu, who represented the 2nd respondent, moved his application to strike out certain grounds of appeal contained in the appellant’s notice of appeal.
    He also presented a notice of preliminary objection challenging the competence of the appeal itself.
    Akubo, while adopting his processes, urged the court to allow the appeal, set aside the judgment of the Court of Appeal and return Ajaka as the duly elected governor of Kogi.
    Agabi, in his adoption of the INEC’s brief of argument, urged the court to dismiss the appeal since the appellant had himself contended that the election was invalid.
    Daudu also adopted his brief for the 2nd respondent and urged the court to dismiss the appeal and refuse all the prayers sought by the appellants.
    He urged the court to dismiss the appeal, including the application to depart from previous decisions.
    Justice Lawal, in a ruling, reserved judgment to a date that will be communicated to the parties.
    NAN
  • Alleged misconduct: 27 High Court Judges to face NJC probe panels

    Alleged misconduct: 27 High Court Judges to face NJC probe panels

    Flowerbud News

    The National Judicial Council (NJC) has constituted four probe panels to investigate 27 high court judges in the country over alleged judicial misconduct.

    A This is contained in a statement issued by the NJC Director of Information, Mr Soji Oye on Friday in Abuja.

    Oye said that the remaining 18 petitions were discountenanced for lacking in merit, abandoned or being subjudice.

    The council at its 106th meeting presided over by the outgoing Chief Justice of Nigeria (CJN), Olukayode Ariwoola, considered the report of its Preliminary Complaints Assessment Committee on 22 petitions written against 27 Judicial Officers of the Federal and State High Courts.

    Based on the report of the preliminary committee, the Council em paneled four Committees to investigate allegations in the petitions that were found meritorious.

    Oye said the council also issued a letter of advice to Justice O. M. Olagunju of Oyo State High Court to be circumspect as a judicial officer before acting, even in the most challenging situation.

    Olagunju was said to have used uncouth language in a letter addressed to the Chief Justice of Nigeria, challenging council’s decision and its policy direction on appointment of the President Court of the Customary Court of Appeal, Oyo State.

    According to Oye `the discountenanced petitions are against Justice Monica B. Dongban-Mensem, President Court of Appeal, Justices E. O. Williams Dawodu, B. A. Georgewill, Yargata Timpar, S. D. Samchi, Aisha B. Aliyu, A. A. Aderibigbe M. L. Shuaibu, H. A. O. Abiru and Abdulazeez Waziri all of the Court of Appeal.

    Others are Justices John Tsoho, Chief Judge, Federal High Court, Z. B. Abubakar, James. Kolawole Omotosho, Sunday B. Onu, all of the FHC and Justice Okon E. Abang when he was serving at the Federal High Court.

    The rest are Justices Kayode Agunloye of the FCT High Court, Babagana Karumi of the High Court Borno State, Maimuna A. Abubakar of the High Court of Niger State, A. A. Aderibigbe of Osun State High Court and Aisha B. Aliyu of Nasarawa State High Court.

    He noted that the NJC placed five Judges on its pre-sanction Watch List register for poor performance and would be recommended to the council for appropriate sanction if they do not improve on their performance.

    He said that justice Ariwoola in the meeting being the last one before his retirement appreciated the cooperation he received from members of the council and the council’s secretariat and implored them to extend same to his successor.

    Members of the council in return eulogized the outgoing CJN and Chairman one after the other and wished him good health in retirement.

    NAN

  • Your elevation to SAN is a source of pride for Yobe – Lawan

    Your elevation to SAN is a source of pride for Yobe – Lawan

    By Salisu Sani-Idris

    Former Senate President, Ahmad Lawan, has urged Mr Baba Dalah, a new Senior Advocate of Nigeria (SAN), to use his expertise in promoting justice and upholding the rule of law.

    Lawan, who is the Chairman, Senate Committee on Defence, made the call in a congratulatory letter to Dalah, on Sunday in Abuja.

    NAN reports that the Legal Practitioners Privileges Committee (LPPC) under the Chairmanship of the Chief Justice of Nigeria, Olukayode Ariwoola, recently approved the elevation of 87 legal practitioners to the Inner Bar.

    Hajo Bello, the Chief Registrar of the Supreme Court and Secretary of LPPC, made the announcement in a statement in Abuja.

    She explained that the SAN rank was awarded as a mark of excellence to members of the legal profession, who have distinguished themselves as advocates and academics.

    According to her, Dalah and Monday Ubani were among the notable names out of the 87 that got the rank of Senior Advocate of Nigeria (SAN).

    While reacting to Dalah’s elevation, Lawan implored him to strengthen democratic institutions.

    Lawan said, ” I extend my heartfelt congratulations on your well-deserved elevation to the prestigious rank of Senior Advocate of Nigeria (SAN).

    ” This remarkable achievement is in recognition of your unparalleled legal brilliance and your commitment to the advancement of the legal profession in our country.

    ” It has also attest to your exceptional contributions to the development and interpretation of Nigerian law.

    ” Your astute legal mind and strict adherence to ethical standards have earned you the respect and admiration of your colleagues and the judiciary.”

    Lawan expressed the ability of Mr Dalah to continue to distinguish himself by being a role model to aspiring lawyers and young professionals alike.

    ” Your elevation to this exalted position is a source of pride for Yobe State and our nation as whole.

    ” As a Senior Advocate of Nigeria, you have a significant role to play in shaping the legal landscape of Nigeria.

    ” Your experience and expertise will be invaluable in promoting justice, upholding the rule of law, and strengthening our democratic
    institutions.”

    ” I wish you all the best in your future endeavours as a Senior Advocate of Nigeria. May you continue to excel and contribute positively to the Nigerian legal system.”

    Dalah was enrolled as a Solicitor and Advocate of the Supreme Court of Nigeria in 1988, and now the Principal Partner of Bahama Chambers, Baba Dala & Co., Guzape, Abuja.

    The successful legal practitioner and grounded politician was a member of the 2023 APC National Screening Committee. (NAN) (www.nannews.ng)

  • Dalah, Ubani, 85 others elevated to SAN

    Dalah, Ubani, 85 others elevated to SAN

    By News Desk

    The Legal Practitioners Privileges Committee (LPPC) under the Chairmanship of the Chief Justice of Nigeria, Olukayode Ariwoola, has approved the elevation of 87 legal practitioners to the Inner Bar.

    Hajo Bello, the Chief Registrar of the Supreme Court and Secretary of LPPC disclosed this in a statement on Wednesday in Abuja.

    Bello said that the SAN rank is awarded as a mark of excellence to members of the legal profession, who have distinguished themselves as advocates and academics.

    Messrs Baba Fika Dalah and Monday Ubani were among the notable names out of the 87 that got the rank of Senior Advocate of Nigeria (SAN).

    Bello said that the LPPC at its 164th plenary session further considered five different petitions written against some of the applicants, and determined that each of the petitions lacked merit and were dismissed.

    She noted that the swearing-in ceremony of the 87 successful applicants is scheduled to take place on Sept. 30.

    Dalah, was enrolled as a Solicitor and Advocate of the Supreme Court of Nigeria in 1988, and now the Principal Partner of Bahama Chambers, Baba Dala & Co., Guzape, Abuja.

    A former legal adviser to the PDP before joining APC, he is an accomplished legal luminary, with wide experience spanning over 36 years of practice, who has no doubt made a good name in the legal profession.

    The successful legal practitioner and grounded politician was a member of the 2023 APC National Screening Committee.

    Barr. Dalah was carefully nominated to serve on the APC Presidential Screening committee that screened and cleared Sen. Asiwaju Bola Ahmed Tinubu for the 2023 general election and subsequently elected Nigeria’s president.

    He is member of the Chartered Institute of Arbitrators of the United Kingdom; a Certified Capital Market Solicitor of Nigeria; a Professional member of the Financial Reporting Council of Nigeria and a member of the Nigeria Business Forum. He is a specialist in Project Finance Practice.

    Analyst believe that with the confirmation of Dalah as SAN, no doubt his will bring his wealth of experience to contribute to the growth of the legal profession in Nigeria.

  • I’ve never been Abdulrasheed Maina’s associate, Wambai, Zazzau traditional title holder, says

    I’ve never been Abdulrasheed Maina’s associate, Wambai, Zazzau traditional title holder, says

    Flowerbud News

    Wambai, who holds the title of Wakilin Raya Kasar Zazzau, was reacting to a report linking him to Maina, who was convicted over a N2 billion pension fraud.
    He made the clarification in a correspondence to the News Agency of Nigeria (NAN) in Abuja.
    Wambai, who drew attention to a July 4 judgment of the Federal High Court setting aside his property from the list of those presented  by EFCC for final forfeiture, dissociated himself from any relationship with the pension convict.
    NAN reports that Justice Joyce Abdulmalik of a Federal High Court, Abuja had ordered final forfeiture of at least 20 property linked to the ex-chairman of PRTT.
    The EFCC had, on Oct. 22, 2019, obtained an order of interim forfeiture over 23 properties in different parts of the country, which the commission said it suspected were acquired by Maina with proceeds of unlawful activity, allegedly using family members and associates.
    In response to the court’s interim order for people with interest in the affected properties to show cause why they should not permanently forfeit the properties to the Federal Government, some individuals applied to claim some of the properties.
    Those who applied to claim some of the properties are: Hajia Laila Maina, Uwani Usman, Alhaji Aminu Yakubu Wambai, Haruna Mu’azu Musa and  Aliyu Abdullahi.
    In the judgment,  a copy of which was seen on Tuesday, Justice Abdulmalik agreed with lawyer to the EFCC, Farouk Abdullah, that most of those who claimed to own the properties failed to effectively establish their claims by producing credible evidence.
    However, Abdulmalik held that Wambai and Abdullahi succeeded in their claims in respect of the properties listed as numbers 3 and 20 in the schedule of properties attached to EFCC’s application for final forfeiture.
    In respect of the property identified as “Flat 42C SMC Quarters, Unguwan Dosa, Kaduna, Kaduna State” claimed by Alhaji Wambai, the judge noted that the EFCC did not dispute the claim by Alhaji Wambai.
    Justice Abdulmalik said: “It is pertinent to mention that the learned counsel for the applicant filed no response to controvert this process.
    “He, in fact, urged this honourable court to vacate the interim order of forfeiture granted on 22nd October, 2019 against property No: 3.”
    In respect of the property claimed by Abdullahi, identified as “Plot of C of O BO/426 beacon B5086, B5087, B5105, B5104, B5099 Cadastral zone B05 Utako, Abuja, FCT,” the judge also agreed with Abdullahi.
    The judge said: “It suffices to mention in this instance, that the learned counsel for applicant (EFCC) informed the court that he is not opposed to the claim of Aliyu Abdullahi in respect of property No: 20.
    “He urged the court to vacate the interim order of forfeiture granted by this honourable court in respect of the aforementioned property on 22nd October, 2019; this honourable court ordered accordingly on 8th day of May 2024.”
    In respect of property No. 14 identified as “Plot 18 Road F on TPO 462B C of O Kd5469 Kaduna, Kaduna State,”  Abdulmalik excluded the property upon an application to that effect by the EFCC.
    She said: “Learned counsel for applicant drew court’s attention to Property No: 14 claimed by Mr. Maina; he applied that this court expunge Property No: 14 from the schedule of properties listed in applicant’ motion on notice filed 19th November, 2019 for final forfeiture on the premise that the applicant had erroneously listed the said.
    “Property No: 14; that same was not included in the interim order granted by this court on 22nd October, 2019.
    “Consequently, this honourable court expunged Property No: 14 from this proceedings on 8th day of May, 2024,” the judge said.
    Abdulmalik further said: “It is trite in law that civil cases in non-conviction forfeiture are hinged on the preponderance of evidence.
    “Again, I hold that the respondents have failed woefully in tilting the scale of evidential weight in their favour.”
    Abdulmalik, however, ordered the final forfeiture of 20 property listed in the schedule for failure of the claimants to show good and credible cause on the history of their legitimate earnings.
    “In view of this grave omission on the part of the claimants to show good and credible cause on the history of their legitimate earnings, I hereby find merit in applicant’s application for final forfeiture of properties Nos: 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 set out in schedule one, attached to the order of interim forfeiture, save properties No: 3, 14 and 20. I so order,” she stated.
    Although three property listed in the suit by the anti-graft agency were vacated by the court, it inadvertently cited Wambai and Abdullahi’s names as associates of Maina in its earlier reports.
    But Wambai, in his July 15 letter, said he was neither Maina’s associate nor his relative.
    “Firstly, as per attached, being a one time member of the NNPC Newsletter Editorial Board, I know the effect of what inaccurate reporting means as contained in the Ethics and values of a reporter.
    “Secondly, I took EFCC to court over erroneous inclusion of my house No. 42c SMC Quarter, Kawo Kaduna in Addulrashid Maina’s case which I fought and won my case against EFCC as per attached ‘court order (INC/ABJ/CS/1154/2619) of 8th May, 2024, ruled by Justice J.0. Abdulmalik of the Federal High Court Abuja, who vacated the EFCC’s application.
    “Thirdly, therefore, I have nothing to do with Abdulrashid Maina, in terms of association or relationship.
    “As such, it will be wrong of anyone to refer to me as associate or relative of Abdulrashid Maina.
    “Fourthly, as ruled by the judge, I claimed only my house (No. 42c SMC Quarters), therefore I have nothing to do with the 23 houses you reported as having been claimed by the associate and relatives of Abdulrashid Maina,” he said.
    NAN
  • Edo govt appeals reinstatement of Shaibu as deputy governor

    Edo govt appeals reinstatement of Shaibu as deputy governor

    Flowerbud News

    Edo Government says it has appealed the judgment of a Federal High Court, which reinstated Mr Phillip Shaibu as the deputy governor of the state.

    In a statement on Wednesday in Benin, Mr Chris Nehikhare, the state Commissioner for Information and Orientation, said due to the appeal, Mr Godwin Omobayo remained the deputy governor of the state.

    Shaibu was impeached on April 8, 2024 by the Edo House of Assembly over allegations of disclosure of government secrets, an action Shaibu took to the Abuja division of the Federal High Court for redress.

    However, Justice James Omotosho, who presided over the matter in a judgment delivered on July 17, ordered the reinstatement of Shaibu into office.

    Omotosho anchored his judgement on the grounds that the Edo State House of Assembly failed to comply with due process in the purported impeachment.

    But the  state government said Shaibu should wait for the outcome of appeal against the July 17 judgment Omobay.

    Nehikhare said that government had appealed against the judgement, adding that pending the outcome of the appeal, the incumbent Deputy Governor, Omobayo  remained in office.

    According to him, Omobayo will continue to serve in this capacity and will be recognised as such, pending the outcome of the appeal.

    He called on the people of Edo to remain calm and go about their lawful businesses.

    NAN