Cloned Nigerian Anchor

Author: Vivian Michael

  • Supreme Court Dismisses Atiku’s Plea To File Fresh Evidence Against Tinubu

    Supreme Court Dismisses Atiku’s Plea To File Fresh Evidence Against Tinubu

    The Supreme Court, on Thursday threw out the motion by former Vice President and candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar, seeking leave of court to file fresh evidence in his appeal against the victory of President Bola Tinubu, in the February 25, presidential election.

    The Petitioner pleaded the apex court to grant him leave to bring in additional evidence by way of depositions on oath from the Chicago State University for use in his appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.

    The motion dated 5th October but filed on the 6th, contained a 32-page deposition  released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

    Ruling on the motion, Justice John Inyang Okoro, held that a clinical look at the issues formulated by all the parties, it is clear that the argument is whether this court as presently constituted has the power to grant the motion. 

    According to the panel, out of the 7 issues distilled by Atiku for determination, none related or covered forgery, which the appellant is seeking to bring in.

    It maintained that the Constitution does not permit that, and this court has no jurisdiction to grant the filing of fresh evidence that was not pleaded at the PEPC. 

    It noted that Atiku did not even deem it fit to file for an amendment of his pleadings and for extension of time, since the 180 days allowed by the Constitution had elapsed since September 17, 2023.

  • Case Against Tinubu: Atiku, Obi Know Fate On Thursday 

    Case Against Tinubu: Atiku, Obi Know Fate On Thursday 

    The Supreme Court is scheduled to deliver its judgement on Thursday, in the cases of Peter Obi of Labour Party and Alhaji Atiku Abubakar of Peoples Democratic Party (PDP) against President Ahmed Bola Tinubu.

    The Petitioners are before the Apex Court challenging the ruling of the Presidential Election Petition Tribunal (PEPT) in favour of Tinubu.

    In a Notice of Appeal predicated on 35 grounds, Atiku told the apex court that the tribunal in the judgment delivered by Justice Haruna Tsammani erred on the side of law and miscarriage of justice in its findings and conclusion in the petition.

    He maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation”.

    Obi on his part, wants the Apex Court to set aside the whole findings and conclusions of the Tribunal on the grounds that they did not represent the true picture of the grounds of his petition.

    Reacting, counsel to the 1st, 2nd and 3rd Respondents respectively, urged the court to dismiss the appeal for want of merit and for being frivolous.

    Specifically, Tinubu’s lawyer, Wole Olanipekun SAN described Atiku’s appeal as abusive in nature and ask it to dismiss it.

    Tinubu urged the apex court to act in like manner of the Presidential Election Petition Tribunal (PEPT), by not only dismissing the appeal for lacking in merit and bona fide, but affirm his victory.

  • AGF Tasks FG, Stakeholders On Review Of Criminal Justice Administration Laws

    AGF Tasks FG, Stakeholders On Review Of Criminal Justice Administration Laws

    Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi SAN, on Tuesday, tasked stakeholders, Attorneys General of States, Civil Society Organizations and International development partners to commit to the effective implementation of all policies, programmes and laws that will lead to a dynamic and efficient criminal justice administration system in the country. 

    Fagbemi said the FG is committed to ensuring that the criminal justice system of the country is more responsive to the demands of Nigerians for a simple, fast, efficient, effective, fair and trustworthy system for dispensation of justice. 

    The AGF stated this in his keynote address at a 3-day National Stakeholders’ forum organized by the Federal Ministry of Justice in collaboration with the Centre for Social-Legal Studies.

    At the program with the theme, “Review of the Implementation of Administration of Criminal Justice Act, 2015 and Administration of Criminal Justice Laws of States, AGF noted that the passage of the ACJA by all the 36 States of the Federation have provided a common ground to address the critical issues and challenges confronting Nigeria’s criminal justice system. 

    “It has provided us a shared platform that would enable us scale up our efforts and seek new practical solutions to identified challenges. 

    In conducting the review of the ACJA/ACJLs, Fagbemi advised participants to ask questions regarding the nature and workability of the strategic amendments that needed to be done in order to make ACJA/ACJLs respond to critical challenges and needs of the society. 

    “We need to know what we could have done better, and how much further we need to go to enable us achieve the desired outcome. 

    “In addition, we will collaborate and work with colleagues in the private and public sectors, including fellow Attorneys-General to develop and agree on a National Minimum Standards that would guide our collective efforts at achieving a more balanced, effective and inclusive system of justice. 

    “It is expected that criminal justice institutions, anti-corruption agencies and other justice sector operatives will commit to, and observe the prescribed National Minimum Standards. 

    “My expectation is that at the conclusion of these deliberations, there would be a consensus around developing a strategic plan to guide both the Federal and State Governments in the review and consequent amendment of ACJA and the respective ACJLs of various States.

    The Justice Minister hinted that ACJA is one of the few key legislations that both the Federal and States Governments share so much common grounds, as with common worries and concerns. 

    In a goodwill message, the Minister of Interior, Dr Olubunmi Tunji-Ojo, charged participants at the forum to critically look at the grey areas impeding the implementation of Administration of Criminal Justice Act in the country.

    “If we don’t get it right here at this forum, then the issue of reforms in the Nigerian Correctional Services will remain a mirage.

    The Interior Minister insisted that getting lasting solutions to the problems facing the country’s judiciary, requires a multi-facet approach and must be through cocktail of ideas. Review will hold every Nigerian have a right and not a right as a privilege. 

    In her welcome address, the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs Jeddy Agba, said the ACJA represents a significant milestone in the country’s judicial landscape, noting that the forum will provide stakeholders with the opportunity to brainstorm, share expertise, make recommendations, and build consensus on way forward in reviewing the ACJA.

    Prof Yemi Akinseye George SAN, President, Centre for Social-Legal Studies, in his remarks, thanked the AGF for creating the forum for stakeholders and Attorneys General of States to cross fertilize ideas on the ways to review and amend the ACJA and ACJL to enhance criminal justice delivery.

  • Supreme Court Dismisses APM’s Appeal Against Tinubu

    Supreme Court Dismisses APM’s Appeal Against Tinubu

    The Supreme Court, Monday, dismissed an appeal by the Allied People’s Movement (APM)seeking to disqualify President Bola Tinubu of the All Progressives Congress.  

    APM had asked the Supreme Court to hold that the Court of Appeal misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory.

    It prayed the court to hold that the withdrawal of Kabiru Masari from the race by operation of law amounted to automatic withdrawal and invalidation of the candidate of Bola Ahmed Tinubu as the presidential candidate of All Progressive Congress in the February 25, presidential election. 

    In its brief of arguments, APM, through its counsel Chukwuma-Machukwu Ume (SAN), that the Court of Appeal wrongly and peremptorily struck out the petition. 

    It therefore prayed the apex court to set aside the decision of the lower court.

    APM also said the striking out of Kabiru Masari’s name from its petition and consequent dismissal of the petition on 6th September 2023, was in error, as Masari was a necessary party to the dispute.

    The Court of Appeal had dismissed APM’s petition based on pre hearing motions filed by INEC, APC and Shettima but only INEC tendered a document during the hearing while APC, Tinubu and Shettima and INEC did not call any witness.

    According to APM, “the grounds upon which it’s petition was predicated is that the 3rd respondent (Tinubu) was at the time of the election (February 25 2023) not qualified to contest the election in line with Section 134(1)(a) of the electoral Act, 2022.

    The party said it clearly stated in its paragraph 16 and 17 of the petition that it was against 3rd and 4th respondents (Tinubu and Shettima) respectively and  grounded on the provisions of Section 131 and 142 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 35 of the Electoral Act,2022.

    The APM lawyer said the Court of Appeal misconceived the material facts and case of the appellant and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition.

    Hearing the appeal on Monday, effort by Machukwu Ume, to move the appeal was rejected by the panel, as doing so would amount to wasting of the precious time of the court.

    The presiding Justice, Inyang Okoro had insisted that the appeal be withdrawn since the issue had been decided. 

    “We have read your appeal and issues raised.  

    “You are not asking us to make your candidate the President if the your appeal succeeds. 

    “You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us. 

    “We have read the appeal and are unanimous that it’s a none issue, having been pronounced upon by this court” Justice Inyang Okoro said.

    Left with no option, the APM counsel hesitantly accepted withdrawal of the appeal.

    All the Respondents did not oppose the withdrawal and did not ask for cost. 

    Accordingly, the panel dismissed the APM appeal, same having been withdrawn.

  • APM Withdraws Appeal Challenging Tinubu’s Victory At Supreme Court

    APM Withdraws Appeal Challenging Tinubu’s Victory At Supreme Court

    The Allied Peoples Movement, (APM) Monday, withdrawn the appeal instituted at the Supreme Court to nullify President Bola Tinubu’s election victory.

    In the appeal, the party is contesting that Tinubu’s running mate and Vice President, Kashim Shettima, was nominated twice for different positions by the All Progressives Congress, APC, in relation to the 2023 general elections.

    APM had in its 10-ground of appeal, maintained its position that Tinubu was not eligible to participate in the presidential poll that held on February 25.

    However, at the hearing, 

    Counsel to the party Mr. Chukwuma Machukwu Ume, SAN, withdrew the matter shortly after it was called up for hearing.

    A seven-member panel of the apex court, led by Justice Inyang Okoro, berated the party for filing an appeal the appeal for trying to over labour the court.

    According to the panel, APM appeal is a total waste of time and amount to an academic exercise since the party only wanted the apex court to “state the law.”

    “If we are idle, then maybe we will state the law. If there is nothing for you to gain from an appeal, you don’t just come to court for interpretation.

    “If for instance that you win a case, there must be something to be gained from the victory. We have read your appeal, there is absolutely nothing in it. You are not asking for your candidate to declared winner or anything of such, all you want is for the President to be removed.

    “If we remove the President, then what next? There are two other appeals here that are asking for something substantial,” Justice Okoro held.

    Also reacting to the appeal, Justice Emmanuel Agim, noted that issues the APM raised in its appeal, was previously decided by the Supreme Court.

    “We are not bound to hear every appeal. What you are asking us is to overrule ourselves. Did you not read our decision on the issue of double nomination.” 

    Consequently, Ume, SAN, withdrew the appeal and it was accordingly struck out.

  • Supreme Court Reserves Judgment On Atiku, Obi’s Petition Against Tinubu

    Supreme Court Reserves Judgment On Atiku, Obi’s Petition Against Tinubu

    The Supreme Court, will on a later date, give judgment on the appeal by the presidential candidate of the Peoples Democratic Party(PDP), Alhaji Atiku Abubakar and Peter Obi of the Labour Party (LP) against President Bola Ahmed Tinubu.

    The petitioners are seeking to dismiss and set aside the September 6, judgement of the Presidential Election Petition Court, which affirmed the election of Bola Tinubu as President. 

    A 7-man panel of Justices led by John Okoro Inyang, after hearing the appeal,  said the date for judgment would be communicated to parties.

    Other Justices on the panel are: Uwani Abaji, Lawal Garba, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar, and Emma Agim. 

    At Monday’s sitting, Chief Chris Uche SAN, appeared for the Atiku, Levi Uzoukwu SAN for Obi and 

    Abubakar Mahmoud SAN announced appearance for the Independent National Electoral Commission (1st Respondent).

    Chief Wole Olanipekun SAN, represented the 2nd Respondent, President Bola Tinubu, while Chief Akin Olujimi SAN, announced legal representation for the All Progressives Congress (3rd Respondent).

    In a Notice of Appeal predicated on 35 grounds, Atiku told the apex court that the tribunal in the judgment delivered by Justice Haruna Tsammani erred on the side of law and miscarriage of justice in its findings and conclusion in the petition.

    He maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation”.

    Obi on his part, wants the Apex Court to set aside the whole findings and conclusions of the Tribunal on the grounds that they did not represent the true picture of the grounds of his petition.

    Reacting, counsel to the 1st, 2nd and 3rd Respondents respectively, urged the court to dismiss the appeal for want of merit and for being frivolous.

    Specifically, Tinubu’s lawyer, Wole Olanipekun SAN described Atiku’s appeal as abusive in nature and ask it to dismiss it.

    Tinubu urged the apex court to act in like manner of the Presidential Election Petition Tribunal (PEPT),

    by not only dismissing the appeal for lacking in merit and bona fide, but affirm his victory.

    Counsel to the INEC and APC also asked the panel to dismiss the appeal for want of merit.

  • Justice Okoro, 6 Others Hear Atiku’s Fresh Motion Against Tinubu

    Justice Okoro, 6 Others Hear Atiku’s Fresh Motion Against Tinubu

    Justice Inyang Okoro is leading a seven-man panel of Justices of the Supreme Court, currently hearing the motion filed by former Vice President and Presidential candidate of the Peoples Democratic Party in the February 25, election, Alhaji Atiku Abubakar, seeking leave to file fresh evidence against President Bola Tinubu.

    Atiku is seeking an order granting him leave “to produce and for the court to receive fresh and additional evidence by way of deposition on oath from the Chicago State University for use in this appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.

    Other Justices on the 7-man panel are Uwani Abaji, Lawal Garba, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar, and Emma Agim. 

    At Monday’s sitting, Chief Chris Uche SAN, appeared for the appellants; Abubakar Mahmoud SAN announced appearance for the Independent National Electoral Commission (1st Respondent); Chief Wole Olanipekun SAN, represented the 2nd Respondent, President Bola Tinubu, while Chief Akin Olujimi SAN, announced legal representation for the All Progressives Congress (3rd Respondent).

    By the motion seeking permission dated 5th October and filed on the 6th,  Uche said, “We are praying for an order of leave to present fresh evidence on appeal pursuant to the powers of the Supreme Court, particularly the depositions on oath from the Chicago State University.

    Adumbrating after moving the motion, Atiku’s lawyer told the panel that Tinubu, APC and INEC are opposing the application “essentially on technical grounds, not pleaded and coming late. 

    Uched argued that the motion was akin to jurisdictional issue not minding when it was filed, adding that the apex court should side-step technicality and grant the request. 

    Uche insisted that the motion is a constitutional issue, adding that the issue of 180 days cannot tie the hands of the apex court as they can hear the motion.

    Reacting, the INEC lawyer said section 285 of the Constitution should be interpreted to accommodate the Court of Appeal as a Tribunal.

    On his part, Olanipekun asked the court to dismiss the “unsual application for lacking in merit.

    Tinubu’s Lawyer said the depositions Atiku is seeking to tender “are not admissible in USA. It is akin to depositions which we have here in Nigeria. The depositions were not done in a court.

    More so, Olanipekun said the Court of Appeal is a Tribunal based on relevant constitutional provisions, adding that “the 180 days is like a rock of Gibraltor, it cannot be moved, it’s sacrosanct”. 

    Reacting also, the lawyer to the APC, asked the court to reject the motion seeking leave to bring additional fresh evidence. 

    Details soon…….

  • Appeal Court Sacks Senate Minority Leader, Mwadkwon, Orders Rerun

    Appeal Court Sacks Senate Minority Leader, Mwadkwon, Orders Rerun

    The Court of Appeal in Abuja, Sunday, nullified the election of the Senate Minority Leader, Simon Mwadkwon, in the February 25 senatorial election in the Plateau North Senatorial District.

    A three-member appeal panel ordered the Independent National Electoral Commission (INEC) to, within 90 days, conduct a fresh election in the senatorial district.

    This is a ruling on the appeal filed by Mr Chris Giwa of the All Progressives Congress and Mr Gyang Zi of the Labour Party.

    Giwa and Zi had appealed against the judgment of the election petitions tribunal in Jos, Plateau State which, affirmed Mwadkwon of the Peoples Democratic Party as the winner of the senatorial poll.

    The appellants had contended that Mwadkwon was not qualified to stand for an election as his party, the PDP, which nominated him during the election, had no structure to do so, having not complied with an earlier high court order for the party to conduct a proper state congress.

    Justice E. Daudu, who read the lead judgment of the appellate court, held that the high court order was not fully complied with by the PDP as 12 LGAs didn’t participate in the said congress.

    “The court made total findings with regard to the issue in focus. 

    “To avoid anarchy, I agree with the appellants that the court must protect an order of another court.

    “I agree with the appellant that the third respondent had no valid structure and could not have claimed to have validly nominated the second respondent (Mwadkwon) for the election.

     “Given the findings of this court, the appeal, therefore, succeeds as the court order was not complied with.

    “The first respondent is hereby ordered to conduct another senatorial election in Plateau North within 90 days,” the judge ruled.

     
  • Supreme Court Justices Reduced to 10 as Musa Dattijo Retires October 27

    Supreme Court Justices Reduced to 10 as Musa Dattijo Retires October 27

    The Supreme Court of Nigeria will see its number of justices reduced to 10 following the retirement of Justice Musa Dattijo Muhammad on October 27, 2023.

    Justice Dattijo’s retirement notice, sent to the Court’s management, specifies that a special valedictory court session will be held in his honor on the retirement date.

    The Court’s Director of Press and Information, Dr. Akande Festus, announced in a statement on Sunday that the valedictory session is scheduled to take place at the Main Courtroom of the Court at 10 am.

    Born on October 27, 1953, in Minna, Justice Musa Dattijo, hailing from Chanchaga Local Government Area of Niger State, attended Native Primary School, Minna, earning his First School Leaving Certificate between 1960 and 1966. He later attended Sheikh Sabbah College (now Sardauna Memorial Secondary School) in Kaduna from 1967 to 1971. This led to his admission to the Faculty of Law at Ahmadu Bello University, Zaria, where he obtained a degree in Law in 1977.

    Justice Dattijo was called to the Nigerian Bar on July 2, 1977, but he didn’t stop there. In 1982, he sought further education and earned an LLM Degree from Warwick University in 1983.

    His exemplary career led to his elevation to the Court of Appeal on November 21, 1998, having served diligently in various Divisions. He was sworn in as a Justice of the Supreme Court on July 10, 2012, marking another significant milestone in his career.

    The retirement of Justice Musa Dattijo Muhammad reduces the Supreme Court of Nigeria’s justices to 10, as noted in the statement.

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  • Tragedy As Two Children Die In Niger Boat Mishap

    Tragedy As Two Children Die In Niger Boat Mishap

    Two children have been confirmed dead while two others sustained various degrees of injuries in a boat mishap that occurred in Katcha Local Government Area of Niger.

    The Overseeing Director-General of Niger Emergency Management Agency (NSEMA) /, Alhaji Salihu Garba, disclosed this in Minna on Saturday.

    He said the incident occurred on Friday at about 6pm when the boat engine caught fire due to a mechanical failure and inflamed a gallon of petrol stored inside the boat.

    He said that 145 passengers were in the boat, adding that they were from Danbo community in Kogi.

    Garba disclosed that the passengers were on their way back from Katcha Market when the incident occurred.

    He said that the body of one of the deceased children had been recovered while the search for that of the second missing child was still ongoing.