Cloned Nigerian Anchor

Author: Vivian Michael

  • Kano Guber: Supreme Court Affirms Abba Yusuf Victory

    Kano Guber: Supreme Court Affirms Abba Yusuf Victory

    The Supreme court has upheld the election of the Kano State Governor, Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) as the governor of the state.

    The five-man panel of the court lead by John Inyang Okoro, held that the 165, 616 votes complied with the provisions of Section 71 of the Electoral Act have been signed and stamped by the election agents.

    The court held that the All Progressive Congress (APC) and it’s flagbearer, Nasiru Yusuf Gawuna, failed to prove that the votes were unlawful.

    Therefore, the court ordered that the signed and stamped 165, 616 votes be returned to the appallant.

    With the verdict, the court thereby set aside the judgement of the lower court and declared that the Governor, Abba Kabir Yusuf won the 2023 governorship election in Kano State with the majority votes.

    The Independent National Electronic Electoral Commission (INEC) had announced Yusuf as the winner of the March 18, 2023 election, saying he garnered 1,019,602 votes to defeat Gawuna who got 890,705 of the votes cast.

    Consequently, the APC headed the Tribunal, citing alleged electoral malpractice.

    The Tribunal in its ruling nullified Yusuf’s election, adding that over 160,000 ballot papers “were not signed or stamped by INEC”.

    The three-man panel of the Tribunal led by Justice Oluyemi Akintan Osadebay sacked Yusuf on September 20, 2023, after deducting 165,663 of his votes.

    Yusuf’s votes were subsequently reduced to 853,939 while Ganuwa’s 890,705 votes were not affected.

    Not satisfied, Yusuf proceeded to the Appeal court which held that it can be seen that the Tribunal acted in the overall interest of justice when it allowed APC’s tendering of documents during trial.

    The court held that INEC released documents to the APC piecemeal in order to defeat the petition of the petitioner.

    The judgement further posited
    the the Petitioner’s insistence that APC ought to have joined its candidate, Ganuwa, as a party at the Tribunal proceedings, was not backed by the 1999 Constitution.

    It maintained that a candidate is entitled to be represented by his political party during litigation, adding that every political party shall maintain the register of its voters.

    The court said the appellant to his own detriment did not submit his NNPP membership registrar or even tendered his statement on oath regarding his membership of the party.

    The court added that the name of Abba is not the NNPP membership registrar.

    “As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” the court while affirming the judgment of the Tribunal.

    “If you claim to be a member of a political party, is it not logical for you to say so by yourself and not by proxy?

    “Even though membership of a political party is an internal affair, a political party cannot be permitted to circumvent or breach the provisions of the 1999 Constitution.

    “The Tribunal was wrong not to have disqualified the appellant.

    “Therefore the failure of the appellant and the NNPP to comply with the 1999 Constitution is fatal to their election.

    “All issues in this appeal are dismissed and the judgment of the Tribunal is affirmed,” the court held.

  • No date for inauguration of New Justices of the Supreme Court – NJC

    No date for inauguration of New Justices of the Supreme Court – NJC

    National Judicial Council, NJC, has clarified that no date has been fixed for the swearing-in of the newly appointed eleven Justices of the Supreme Court.

    The Council said that the purported news by an Abuja based media organization suggesting Monday, January 16, for the inauguration did not emanate from it.

    A statement by the NJC’s Director of Information, Barrister Soji Oye clarified that neither the Chief Justice of Nigeria, Hon Justice Olukayode Ariwoola, who is the NJC Chairman, nor the Council itself authored or endorsed the purported date.

    While asking members of the public to disregard the news, the NJC said that the date for the swearing-in of the Justices would be made public at the appropriate time.

    NJC’s statement read in part, “The attention of the National Judicial Council has been drawn to a trending story purportedly informing the public that the newly appointed 11 Supreme Court Justices would be sworn in on Monday 16 January 2023.

    “The Council by this medium expressly denies the news as it did not emanate from the Council or the Office of the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Justice Olukayode Ariwoola.

    “The date for the swearing-in of the Justices will be made public at the appropriate time. Members of the public should please disregard the trending news.”

  • Lagos Guber: Gov Sanwo-Olu wins at the Supreme Court

    Lagos Guber: Gov Sanwo-Olu wins at the Supreme Court

    The Supreme Court of Nigeria, Friday, affirmed the election of Sanwo-Olu as the authentic governor of Lagos in the March 18 general electron.

    The five-man panel of the Apex Court thereby rubbished the appeal brought before it by the Labour Party(LP) and its governorship candidate, Gbadebo Rhodes-Vivour.

    The court held that the petition seeking the disqualification of Lagos State Governor, Babatunde Sanwo-Olu and his Deputy Obafemi Hamza from the poll totally lacked merit.

    In a unanimous judgment delivered by Justice Garba Lawal, the court held that the allegations of renouncing Nigerian citizenship by the Lagos State Deputy Governor for the United States of America cannot be used to disqualify the respondents.

    The Apex Court said that since Obafemi Hamza is a Nigerian by birth, his acquisition of American citizen has not taken his right as a Nigerian from him.

    It also maintained that the Petitioners failed prove with credible evidence that the Deputy Governor indeed renounced his Nigerian citizenship.

    Consequence to the above, the court upheld that the decision of the Court of Appeal which had on November 15 dismissed the earlier appeal filed by Gbadebo Rhodes-Vivour and Labour Party against the election of Babajide Sanwo-Olu.

    Recall that the Court of Appeal three-member panel led by Yargata Nimpar, had in a unanimous decision affirmed the judgement of the Lagos State Election Petitions Tribunal that upheld the victory of Sanwo-Olu as the elected governor of Lagos in the March 18 election.

  • Guber Judgment: Kano, Bauchi, Zamfara, Plateau, Ebonyi Govs in Court as S/Court decides their fate

    Guber Judgment: Kano, Bauchi, Zamfara, Plateau, Ebonyi Govs in Court as S/Court decides their fate

    In wait for their fates on their respective legal battles, at least five sitting state governors have stormed the Supreme Court to witness judgments their appeals.

    They are Abba Kabir Yusuf for Kano, Bala Mohammed for Bauchi, Caleb Mutfwang for Plateau, and Dauda Lawal for Zamfara and Francis Nwifuru of Ebonyi.

    Former Plateau state governor and currently a senator, Simon Lalong is also inside the courtroom for the make or mar verdict.

    As expected, the governors arrived in the courtroom with a retinue of followers who were, however, turned back immediately after escorting their principals into the courtroom.

    At the time of this report, the courtroom has been jam-packed by lawyers, journalists, and accredited political party leaders.

    Meanwhile, the justices are being awaited into the courtroom for judgment delivery.

    The states where their governors are expected to know their fates on whether to remain in office or be shoveled out are Kano, Plateau, Bauchi, Cross River, Abia, Zamfara, Cross River and Ebonyi.

  • Akwa ibom: Umo Eno remains Gov as S/Court dismisses APC, YPP, NNPP’s petitions

    Akwa ibom: Umo Eno remains Gov as S/Court dismisses APC, YPP, NNPP’s petitions

    The Supreme Court, Thursday, affirmed the election of Umo Eno as the governor of Akwa Ibom State, in the March 18, governorship election in the state

    The seven-man panel of the Apex court, lead by Justice Uwani Abba-Aji, dismissed the petition following the withdrawal of three separate appeals brought before it by the petitioners alleging certificate forgery.

    They failed to convinced the panel that Emo Eno Bassey and Bassey Eno Emo were not the same and as such that the governor allegedly forged his Secondary School Certificate.

    Consequently, the lead counsel to the respective parties withdrew their separate appeals as the apex court panel of Justices hinted that they have no merit.

    The Petitioners in the matter are All Progressive Congress (APC) and its governorship candidate, Akanimo Udofia, Young Progressive Party(YPP) and its gubernatorial candidate, Akpan Albert Bassey as well as that of New Nigeria People’s Party(NNPP)and its governorship candidate, John James Akpan Udoedehe.

    Their arguments especially forgery allegations did not go down well with the Apex Court Justices who queried the lawyers on whether the West African Examinations Council WAEC gave evidence to establish the criminal allegations.

    Upon admission that WAEC did not testify in the matter, the lawyers opted and separately withdrew the appeal.

    This prompted Justice Abba-Aji to dismiss them following no objections from lawyers to the various respondents.

    The Court did not award cost against any of the lawyers to the appellants having voluntarily withdrew their cases on ground of want of merit.

    The Court of Appeal in Lagos had in November last year affirmed the election of Governor Umo Eno of Akwa Ibom State in the governorship election held on March 18, 2023.

    The appellate court in its judgment dismissed three separate appeals, filed against the governor’s election.

    While affirming the September 28, 2023 judgments of the election petition tribunal, the three-member panel of Justices headed by Festus Obande dismissed the appeal brought by the governorship candidate of the Young Progressives Party, Bassey Akpan, and his party against the Independent National Electoral Commission, Eno, and the Peoples Democratic Party.

    Justice Obande also granted judgments in favour of the governor against the appeals of the governorship candidate of the New Nigeria People’s Party, John Udoedehe, as well as Akanimo Udofia, of the All Progressives Congress.

    The appellate court declared in the unanimous judgments that all three appeals lacked merit.

  • Ogun Guber: Supreme Court reserves judgment seeking Abiodun’s removal

    Ogun Guber: Supreme Court reserves judgment seeking Abiodun’s removal

    The Supreme Court has reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate, Ladi Adebutu, in the March 18, governorship election.

    Adebutu’s appeal is seeking the nullification of the declaration of Dapo Abiodun as winner of the election.

    Specifically, he is challenging Abiodun’s re-election on the ground that the Electoral Act, 2022, was not adhered to, citing corrupt practices and issues of non-qualification.

    Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which had on November 23, affirmed the decision of the Tribunal in upholding Adiodun’s victory.

    Recall that two Judges of the court below had dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Esienanwan Inyang saw merit in the petition and thereby ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return presented to Abiodun and conduct another election in 99 polling units where elections were disrupted.

    In adopting his brief of arguments, Chris Uche SAN, counsel for the appellants said INEC ought to have conducted fresh elections in 99 polling units where elections were cancelled and not declared a winner.

    He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, governorship poll.

    Abiodun Owonikoko, counsel for the first respondent(INEC), asked the apex court to dismiss the appeal.

    He maintained that governorship and presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

    Wole Olanipekun, counsel for second respondent, urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts.

    INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat his closest rival Adebutu, who polled 262,383 votes.

  • Court decides whether elections, exams can hold saturdays, March 20

    Court decides whether elections, exams can hold saturdays, March 20

    By Vivian Michael, Abuja

    Justice James Omotosho of the Federal High Court Abuja, will March 20, deliver judgment in a suit seeking to stop the conduct of elections and examinations on Saturdays.

    The court fixed the date, after listening to the arguments in the matter filed by a member of the Seventh-day Adventist Church, Mr Ugochukwu Uchenwa.

    The plaintiff, Uchenwa, who is an elder of the church, filed the suit on the grounds that fixing elections and examinations on Saturdays violated his rights and that of other members of the church, to freedom of worship.

    He is praying the court to declare the fixing of elections and examinations on Saturdays as unconstitutional.

    In the alternative, the plaintiff, prayed the court to order the defendants to allow him and other members of his church to vote or write examinations on any other day of the week including Sundays.

    Listed as defendants in the suit are the President, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC) and the Minister of Internal Affairs.

    Others, are the Joint Admission and Matriculation Examinations, JAMB, the National Examination Council, NECO, West African Examination Council, WAEC, the National Business and Technical Examination Board, Council of Legal Education and the Ministry of Education.

    At Wednesday’s hearing, counsel to the plaintiff, Mr Benjamin Amaefule told the court that his client was only seeking an enforcement of his fundamentals right to freedom of education and freedom to participate in elections.

    Amaefule told the court that his client was seeking among others, a declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day”, was a violation of his fundamental rights to freedom of worship.

    “It is also a violation of conscience, profession and free practice of faith and right to participate freely in the government of the applicant and that of entire members of the Seventh-day Adventist Church, Nigeria”.

    He maintained that fixing examinations and elections on the “Sabbath day of the Lord ”, was also a violation of right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.

    The plaintiff asked the court for some reliefs including a declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” was unconstitutional.

    “It is a violation of the fundamental rights of freedom of conscience, profession and free practice of faith of the members of the Seventh-day Adventist Church Nigeria”.

    He prayed the court for an order restraining INEC from further violating the rights of members of the Seventh-day Adventist Church by holding elections on Saturdays.

    “In the alternative, order INEC to mark out a different day for the members of the church to participate in their own election if the INEC cannot schedule and hold the elections on a day other than on Saturdays”.

    “An order restraining the 5th to 8th respondents from scheduling and conducting compulsory public examinations on Saturdays, without making option for the members of the Seventh-day Adventist Church to write their exams on days other than Saturdays.

    “An order mandating the 10th respondent to cease from conducting any academic programme or activities on Saturdays, the Sabbath day of the Lord without giving members of the Seventh-day Adventist Church a different day to participate in such academic activities by itself or through any of its department.”

    The plaintiff also asked the court to make an order mandating the 1st and 2nd respondents (the President and the AGF) to declare Saturdays as public holiday just the same way Sundays are public holidays.

    Moreover, he insisted that Sunday was the first day of the week while Saturday was the seventh day of the week, hence the Sabbath day.

    Responding on behalf of the President and the AGF, Maimuna Shiru told the court that she filed a 17- paragraph affidavit on behalf of her client in opposition to the suit.

    She prayed the court to dismiss the suit for lacking in merit.

    For his part, counsel to WAEC, Mr Friday Chorio argued that Nigeria was a circular state as it had not adopted any religion as its own.

    According to Chorio, the constitution provides that Nigeria shall not adopt any religion as its own.

    “In this circumstance, the plaintiff is seeking for an interpretation of the law that Saturday should be fixed as a holy day for the Seventh-day Adventist church.

    “We have so many laws that provide for holidayw. Section 4 of the Public Holiday Act provides and declares Sunday as a public holiday so government activities cannot take place on Sundays.

    “Anybody can adopt Sunday as his or her own holiday so you cannot come to court and ask the court to declare Saturday as a public holiday.”

    For the Joint Admissions and Matriculation Board, (JAMB), Safinat Lamidi told the court that she filed a preliminary objection praying the court to dismiss the suit as it lacked the jurisdiction to entertain it.

    Meanwhile, the matter for adjourned till March 20 for judgment.

  • Adamawa Guber: S/Court affirms Gov Fintiri’s election

    Adamawa Guber: S/Court affirms Gov Fintiri’s election

    The Supreme Court has affirmed the election of Governor Ahmed Fintiri as the authentic governor of Adamawa State.

    This is following the withdrawal of an appeal brought before it by the Social Democratic Party(SDP) and its governorship candidate, Dr Umar Ardo, challenging Fintiri’s victory for want of merit.

    SDP and its candidate had scored 6,000 votes and challenged the declaration of Fintiri and the Peoples Democratic Party, PDP, who polled over 430,000 votes at the March 18, 2023 election.

    Specifically, Ardo and his party argued that the election was not conducted in compliance with the provisions of the Electoral Act 2022.

    The appellants in their submissions through Sylvester Imhanobe, upon discovering the hint of the apex court, the appellants withdrew their appeal, having been found unmeritorious.

    Justice John Inyang Okoro, who led a 5-man panel of Justices of the Court, dismissed the appeal without any cost against the appellants, thereby, affirmed the election of Fintiri as being validly elected and lawfully declared as the Governor of Adamawa State.

    Ardo and his party had filed a petition at the Adamawa Governorship Election Petition Tribunal after Fintiri, the candidate of PDP, was declared the winner of the poll.

    The petitioners had sought the nullification of Fintiri’s election on the grounds that there was substantial non-compliance with the Electoral Act, corrupt practices, threats, and violence during the voting exercise.

    However, the tribunal, led by Theodora Uloho, dismissed the petition for being incompetent and not properly filed.

    They, however, headed to the Supreme Court for further interpretation.

  • Abia Guber: S/Court reserves judgment in PDP’s appeal against Otti

    Abia Guber: S/Court reserves judgment in PDP’s appeal against Otti

    The Supreme Court of Nigeria, yesterday, reserved judgment in an appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Okey Ahiwe, seeking the nullification of the election of Alex Oti as the Governor of Abia State.

    The five-man panel of the justices lead by Justice John Inyang Okoro, reserved the judgment till a date to be communicated to parties after taking their final arguments.

    The PDP in it’s argument, alleged that Ahiwe was short-changed with over 84,000 votes during the collation of the governorship election results.

    The party, had through it’s counsel,
    Uche Ihediuwa, SAN, alleged that the agent of the PDP was chased away at the collation center and as such, was not obliged a copy of the results as required by law.

    He claimed that his client had to approach the All Progressives Congress (APC) before it could access results sheets and discovered the alleged malpractices.

    The governor, in his defense asked the court to dismiss the appeal for wants of merit.

    Gov. Otti, represented by Abiodun John Owonikoko, SAN, informed the court that Otti scored over 174,000 votes at the March 18, 2023 governorship election to emerge victorious, adding that even if the purported 84,000 short-changed votes were added to PDP, the appellants would still not win.

    He noted that a purported result sheet produced by the PDP before the State Governorship Election Petitions Tribunal was rejected because it could not be read by the witness of the party.

    Gov. Alex Otti of the Labour Party(LP) was declared the winner of the governorship election in the Abia State by the Independent National Electoral Commission (INEC) on 22 March.

    He polled 175,466 votes to defeat his closest rival, Ahiwe of the PDP, who scored 88,529 votes.

    However, not satisfied with the out come of the election, Ahiwe and the governorship candidate of the All Progressives Congress (APC), Ikechi Emenike, separately challenged Otti’s victory at the tribunal.

    On 6th October 2023, the Tribunal dismissed the petitions by Ahiwe and Emenike and affirmed Otti’s election, which was later affirmed by the Appallate court.

  • Court declares Sen. Anyanwu authentic PDP national secretary

    Court declares Sen. Anyanwu authentic PDP national secretary

    Justice Inyang Ekwo of the Federal High Court, Abuja, has declared Sen. Samuel Anyanwu, the authentic National Secretary of the Peoples Democratic Party (PDP).

    Therefore, the court made an order of injunction, restraining the national leadership of the PDP from appointing any person as acting national secretary when Anyanwu’s four-year tenure is still running and subsisting until Dec. 9, 2025, in line with the party’s constitution.

    Justice Ekwo also declared that any meeting held or resolution reached by the party to prematurely remove or prevent Anyanwu from exercising the powers of his office would be in violation of Article 47 (1) of the PDP Constitution (as amended in 2017), hence, becomes null and void and of no effect.

    The judge also restrained the Independent National Electoral Commission (INEC) “from recognizing any purported appointment of any person as national secretary of the party whether in acting capacity or otherwise other than Anyanwu, the elected national secretary of the 1st defendant (PDP).”

    Recall that the court had, on Nov. 23, 2023, stopped the PDP from removing Anyanwu as national secretary pending the hearing and determination of the substantive matter.

    The order followed an ex-parte motion by Dr Joshua Musa, SAN, on behalf of two members of the party; Geoffrey Ihentuge and Apollo’s Godspower.

    While Ihentuge is the Ikeduru Local Government chairman of the PDP in Imo, Godspower is the PDP chairman in Owerri Municipal Local Government of the state.

    The plaintiffs had sued the PDP; Umar Damagun, party’s acting national chairman; National Executive Committee (NEC); the National Working Committee (NWC) and INEC as 1st to 5th defendants respectively.

    The plaintiffs, who sought five reliefs, prayed for an order of interim injunction, restraining the 1st, 2nd, 3rd, and 4th defendants from carrying out the threat to remove the national secretary (Anyanwu).

    This, they said, was in violation of the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice.

    They argued that Anyanwu was duly elected on Dec. 10, 2021, and was entitled to remain in office till Dec. 9, 2025.

    They said that an elected national officer of the 1st defendant cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution.

    But in the 1st, 2nd, 3rd and 4th defendants’ counter affidavit, the party’s leadership averred that contrary to the plaintiffs’ argument, Anyanwu applied for leave of absence to enable him concentrate on his election as PDP candidate in the Imo governorship poll which took place on Nov. 11, 2023.

    They, therefore, said that contrary to Paragraphs 22 and 23 of the plaintiffs’ affidavit, the NWC approved the deputy national secretary to act in place of the national secretary as provided for in Article 36(2) of the party’s constitution.

    Meanwhile, when the matter was called for judgment, two lawyers announced appearance for parties interested to be joined in the suit.

    While G.E Ejekela announced appearance for Dr Ali Odefa, the national vice chairman of South East of PDP, P.O. Akpogwu represented Hon S.K.E. Ude-Okoye, who was listed as national secretary of the party.

    But plaintiffs’ counsel, Musa, called the attention of the court to Ude-Okoye’s motion for joinder filed on his behalf.

    The senior lawyer said though the motion was filed yesterday, he had responded to it.

    He, however, faulted the process on the grounds that the exhibits attached to the one served on him were different from the exhibits attached to other parties’.

    After much arguments, Akpogwu applied to withdraw the motion for joinder and the plaintiffs’ lawyer sought a cost of N1 million but the judge awarded a N100, 000 fine against the lawyer for filing an untidy process.

    Moving his motion for joinder on Odefa’s behalf, Ejekela said the application dated Dec. 22, 2023, was filed on Dec. 27, 2023. He urged the court to grant their prayer.

    But Musa, who opposed the plea, said a counter affidavit had been filed.

    He argued that the application was an attempt to arrest the judgment, urging the court to dismiss it for constituting an abuse of court process.

    Justice Ekwo then stood down the matter for ruling and judgment.

    Delivering the ruling, the judge dismissed Odefa’s motion for lack of merit and for being an abuse of court process.

    In his judgement, Ekwo held that the plaintiffs had been able to demonstrate, with credible evidence, the threat and move by the PDP leadership to remove its national secretary without due compliance with the provisions of the party’s constitution.

    “The court is duty bound to prevent that from happening.

    “The plaintiffs do not have to wait until the 1st — 4th defendants carry out their threat before coming to seek redress.

    “In such situation, the court is bound to grant the reliefs sought by the plaintiffs.”