Cloned Nigerian Anchor

Author: Vivian Michael

  • Again, Court dismisses EFCC’s suit against Okorocha

    Again, Court dismisses EFCC’s suit against Okorocha

    For the third time, the court on Friday threw away a suit filed by the Economic and Financial Crimes Commission (EFCC) against a former governor of Imo State, Rochas Okorocha.

    Justice Yusuf Halilu of the Federal Capital Territory High Court sitting in Maitama described the EFCC’s charges of fraud as abuse of office.

    This is the 3rd judgment by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.

    The Federal High Court, Abuja, had on 6th February, discharged Senator Okorocha, of N2.9 billion fraud charges preferred against him by the EFCC.

    Justice Inyang Ekwo, in a ruling, struck out the charges for contravening section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation the power to recall a case.

    Justice Ekwo held that the directive of the AGF in a letter dated 12th September 2022, to the EFCC to forward the case file with its comments on the issues for consideration and review, was binding on the commission.

    The court agreed with Senator Okorocha that the earlier judgement of a court of competent jurisdiction which sat in Port Harcourt in suit number: FHC/PH/FHR/165, between him and EFCC and restrained the agency from further proceeding on the alleged offence, subsists.

    Justice Stephen Pam, of the Federal High Court in Port Harcourt, had declared it unlawful and made an order prohibiting the EFCC from further prosecuting Senator Okoracha.

    Operatives of the EFCC had on May 24 2022 arrested the former governor of Imo State after over six hours of siege at his residence.

    The operatives gained access to him by climbing into and breaking through the ceiling of his Maitama residence.

    He was arrested minutes after security operatives fired teargas to disperse protesters who did not want the ex-governor arrested.

    Senator Okorocha was taken away in a white Hilux vehicle by armed security operatives.

    This action, Justice Ekwo had held, was needless, saying that the controversies surrounding his trial must stop.

    Senator Rochas Okoracha was a presidential aspirant of the All Progressives Congress in the 2023 presidential election.

    The act by the EFCC, the Senator says, is a violation of his rights and defamation of his character, and an abuse of the judicial process.

    The court premised its judgement on the fact that the EFCC had filed a similar charge against the former Imo State governor at the Federal High Court, which was decided upon in favour of the former governor in December last year it.

    This will be the 3rd judgment that will be delivered by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.

  • Kogi Guber: Court orders security agencies to protect SDP’s Ajaka 

    Kogi Guber: Court orders security agencies to protect SDP’s Ajaka 

    Justice Inyang Ekwo of a Federal High Court in Abuja on Thursday ordered security agencies in the country to provide maximum security to the candidate of the Social Democratic Party (SDP), in the November governorship election in Kogi State, Murtala Ajaka.

    The order is following an ex-parte application made before the court by the governorship flagbearer, dated July 11, seeking a restraining order against the security agencies from arresting, inviting, detaining, or threatening the applicant’s life and property pending the hearing and determination of the substantive suit. 

    By the order, the security agencies which include the Chief of Defence Staff, Army, Navy, DSS and Police are to guarantee the safety of the SDP candidate, pending the hearing of a suit filed before the court.

    Defendants in the suit marked FHC/ABJ/CS/952/2023, are the Governor of Kogi State, Yahaya Bello, the Inspector General (IG) of Police, the Commissioner of Police (Kogi State), DSS, the Director General of DSS, Director DSS (Kogi State), Commandant General of the Nigerian Security and Civil Defence Corps (NSCDC), Chief of Defence Staff, Chief of Army Staff and Chief of Naval Staff as 1st to 11th respondents, respectively.

    The court held that Ajaka’s request through his counsel, Mr. Sunday Aruwa, SAN, was meritorious and accordingly granted it as prayed.

    “An Order is hereby made restraining the respondents, their agents, servants and anybody acting through or under them from arresting, inviting, detaining or threatening the applicant’s life and property pending the hearing and determination of the substantive suit. 

    “An Order is hereby made compelling the 2nd – 11th respondents to immediately provide maximum security to the applicant in Abuja FCT, Kogi State, and elsewhere in Nigeria pending the hearing and determination of the substantive suit”, the judge ruled.

    Before adjourning to July 21 for a hearing, the court ordered the applicant to serve the respondents with all the processes in this suit together with the Order of the Court. 

    Before the court’s order on Thursday, Ajaka had earlier petitioned Governor Yahaya Bello to the IGP, Mr Olukayode Egbetokun over an alleged threat to his life, as well as that of members of his family.

  • Court Order: We’ve charged Emefiele- DSS 

    Court Order: We’ve charged Emefiele- DSS 

    The Department of State Services (DSS), Thursday night said it has charged the detained former Governor of the Central Bank of Nigeria (CBN) Mr. Godwin Emefiele to court.

    According to the agency, the move is in compliance with the order made by Justice Hamza Musa of the Federal Capital Territory High Court that sat in Maitama earlier on Thursday.

    The statement signed by the Public Relations Officer, Department of State Services, Peter Afunanya reads in part:

    “The public may recall that the Service had, in 2022, applied for a Court Order to detain him in respect of a criminal investigation. Though he obtained a restraining order from an FCT High Court, the Service, however, arrested him in June 2023, on the strength of suspected fresh criminal infractions/information, one of which forms the basis for his current prosecution. 

    “The Service assures the public of professionalism, justice and fairness in handling this matter and indeed the discharge of its duties within the confines of the law.

    Recall that Justice Hamza Muazu earlier in the day, gave one week ultimatum to the Prosecution agency to either charge the detained Emefiele to Court or set him free.

    Emefiele sued the Attorney General of the Federation (AGF), the Director General DSS, and the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity in human life.

    He prayed the court to award N5m exemplary damages against the Respondents for his alleged unlawful detention.

    A copy of the suit has, however, not been made available as at the time of filing this report.

  • Kogi Guber: Falana petitions IGP, alleges Bello’s plans to eliminate Ajaka

    Kogi Guber: Falana petitions IGP, alleges Bello’s plans to eliminate Ajaka

    Femi Falana SAN, has petitioned the Inspector General of Police (IGP) Egbetokun Olukayode, alleging that Governor Yahaya Bello plans to eliminate the Social Democratic Party (SDP) gubernatorial candidate in the Kogi gubernatorial race, Muritala Yakubu Ajaka.

    According to the senior lawyer, since Ajaka was nominated as the flagbearer by his party, the incumbent governor has taken it upon himself to ensure that his political party and supporters would not enjoy peace in the state or be allowed to exercise their fundamental rights of peaceful assembly and association. 

    Falana, in a statement he signed on 12th July, alleges that Bello uses his executive powers to launch a series of violent attacks on Ajaka, his political party and his teeming supporters as they have become victims of unwarranted harassment, intimidation and cheap blackmail.

    He posited that the illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State.

    The petition is following the recent attack on his client while returning from a thank you tour of the state on the 3rd day of June 2023, along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi.

    The statement further stated that shortly after this incident, Gov Bello addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part.

    Falana, also revealed that, to follow up the incident, Alaka petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated.

    However, rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony.

    The petition reads:

    “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony.

    “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony

    Our client is an Indigene of Kogi State and the Governorship candidate of the Social Democratic Party (SDP) in Kogi State for the forthcoming 2023 governorship elections in Kogi State. 

    “Our client’s brief is that since he was nominated by his party as its candidate for the forthcoming governorship elections in Kogi State, the State Governor, ALHAJI YAHAYA BELLO has taken it upon himself to ensure that our client, his political party and supporters would not enjoy peace in Kogi State or be allowed to exercise their fundamental rights of peaceful assembly and association. 

    “Consequently, it is our client’s further brief that the state Governor using his executive powers has lunched series of violent attacks on our client, his political party and his teeming supporters. The illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State.

    “Thus, without any legal justification, our client has become a victim of unwarranted harassment, intimidation and cheap blackmail. For instance, while on a thank you tour of the state on the 3rd day of June 2023, our client was attacked along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi.

    “The dastardly attack took place while our client and his supporters were returning to Lokoja around the Banda Nataco Axis. Our Client’s convoy was attacked by armed gun men who were dressed in police uniform in official vehicles of the Kogi State Government.

    “Life bullets were sporadically fired directly at our client with the sole intent to assassinate him. While our client was lucky, some of his supporters were seriously injured and were rushed to the hospital where they were treated for different degrees of bullet wounds.

    “It is worthy to note that shortly after this incent the Governor of Kogi State addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part.

    “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony.

    “Our client as a Nigerian Citizen, an indigene of Kogi State and a Governorship candidate of the Social Democratic Party in Kogi State is entitled to the constitutional protection of his right to vote and be voted for. And in the exercise of this right, the Kogi State Governor lacks the authority to use state actors and non state actors to harass, intimidate and blackmail our client.

    “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony.

    “We further demand that you direct the immediate demobilization of all armed thugs and killer squads set up by the State Government to intimidate the perceived political opponents of Governor Bello. Meanwhile, you may wish to direct the Commissioner of Police Kogi State to caution his men and officers from allowing themselves to be used as tools for political oppression of opposition political parties in the state and in particular our client and his supporters.

    “While anxiously awaiting your urgent reply to this letter please accept the assurances of our esteem and professional regards.

  • Rights’ Breach: Again, court dismisses Kanu’s suit against DSS

    Rights’ Breach: Again, court dismisses Kanu’s suit against DSS

    A Federal High Court in Abuja on Thursday dismissed a fundamental rights enforcement suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) against the Department of State Services (DSS).

    Justice James Omotosho, in a judgment, held that Kanu’s suit lacked merit and ought to be dismissed.

    Kanu, in the suit, marked: FHC/ABJ/CS/482/2022 and filed by his lawyer, had sued the Director General of DSS, DSS, and the Attorney-General of the Federation (AGF) as 1st to 3rd respondents, respectively.

    In the suit, the IPOB leader alleged that the DSS subjected him to different inhuman treatments, including denying him his right to wear any clothes of his choice like the Igbo traditional attire called “Isi-Agu,” while in their facility or any time he appeared in court for his trial.

    He alleged that the security outfit while allowing other inmates in their custody the freedom to choose and wear any clothes of their choice, restricted him to wearing only a single clothing.

    The applicant also accused the DSS of subjecting him to torture, breaching his right to dignity, among others.

    He, therefore, sought an order directing the respondents to allow him to put on any clothing of his choice while in the facility or when appearing in public, among other reliefs.

    But in a counter affidavit filed by the DSS and its DG, they urged the court to dismiss Kanu’s claim.

    They said that their operatives had not and had never tortured Kanu either physically or mentally while in their custody.

    According to the DSS, the applicant (Kanu) is kept in their facility where every other suspect is kept.

    They said it was untrue that other suspects were allowed to put on any clothing of their choice, including Hausa and Yoruba traditional attires.

    They said that the facility was not a recreational centre or traditional festival where Kanu and other suspects would be allowed to adore themselves in their respective traditional attires.

    They argued that there is a Standard Operation Procedure (SOP) on dress code by persons in their facilities.

    “That in line with global best practices, persons in the 1st and 2nd respondents’ facility are allowed to wear only plain clothes which do not bear symbols, writings, colours and insignias that are offensive to any religion, ethnic group or even the Nigeria state in general,” they said.

    They accused Kanu’s family of bringing traditional attires and other clothing with Biafra insignias and pairs of red shoes decorated with shiny beads for him to wear in custody and also to attend court for his trial.

    According to the DSS, the clothes have colours of the non-existing Biafra Republic, which is the subject matter of the applicant’s criminal trial.

    They said the Isi-Agu attire, popularly called chieftaincy attire, was not a suitable dress for persons in detention facilities and was against its SOP.

    They also argued that Justice Binta Nyako, where Kanu is currently standing trial, had directed that Kanu should be allowed to wear any plain clothing of his choice and that anything contrary would contravene the court’s directive.

    The DSS said they never breached his right to human dignity as alleged by the IPOB leader.

    Delivering the judgment, Justice Omotosho held that the right to human dignity is contained in Section 34 of the 1999 Constitution.

    He said it was clear that a right to human dignity is related to the right against torture, inhuman treatment, among others.

    The judge held that Kanu’s case did not relate to torture or forced labour as he was never tortured while in custody based on the evidence before the court.

    He said a right to dignity was not a right to change clothes as an inmate in a prison.

    “The applicant cannot come to court to seek for rights which are not in the constitution,” he said.

    Besides, Justice Omotosho held that Kanu failed to provide the photographs and names of inmates who were allowed to wear different attires while in custody.

    He said the onus was on him to prove his case but the applicant merely rely on bare facts without any evidence.

    He described the IPOB leader’s allegations as “a hypothesis without concrete evidence.”

    The judge, consequently, dismissed the case for lacking merit.

    Recall that a retired judge of the court, Justice Taiwo Taiwo, had dismissed a similar suit brought by Kanu in 2022.

    In the judgment, Justice Taiwo held that Kanu had not provided sufficient evidence that his fundamental rights were infringed upon by the security outfit “as there is no proof of torture before the court.”

    On Kanu’s right to practice his religion, the judge said that while the applicant (Kanu) had the constitutional right to practice his religion in custody, he agreed with the position of the respondent (DSS) that a suspect in custody cannot be allowed to practise his religion in such a way that would disturb the peace of other suspects in custody.

    On the allegation that the IPOB leader was receiving inadequate treatments from DSS’ doctors whom he had referred to as quacks, Taiwo said that “the applicant fails to lead evidence by calling a medical practitioner to convince the court that based on the medical report, the treatment giving to Kanu is inadequate.”

  • Flooding: Court stops FG from demolishing Trademore Estate

    Flooding: Court stops FG from demolishing Trademore Estate

    A Federal Capital Territory High court sitting in Jikwoyi, has ordered the Federal Government to maintain status quo in the proposed demolition of Trademore Estate, Lugbe, Abuja untill the determination of the suit before it.

    Trademore International Holding Nigeria Ltd (developers of Trademore Estate, Lugbe,Abuja), before Justice Zubairu Mohammed through their counsel, Prof Mike Ozekhome, SAN, filed a suit against some Federal Government functionaries and Agencies who had threatened to further demolish Trademore Estate, over issues concerning flooding of the estate.

    The court, in an interim injunction, restrained all the federal government defendants and their employees from trespassing, or further trespassing on, demolishing or further demolishing Trademore Estate, known as Plot 1981, Sabon Lugbe, Abuja.

    In the said writ of summons filed by Prof Ozekhome, Trademore International Holding had, amongst other  reliefs, asked the court to restrain the Hon Minister of FCT, the Federal Capital Development Authority (FCDA), the Abuja Metropolitan Management Council ( AMMC ) and the Abuja Municipal Area Council (AMAC) from demolishing the estate with the buildings and appurtenances thereon; or evicting the occupants from the said Trademore Estate; or from trespassing on in any manner howsoever, into the Trademore Estate, Lugbe, Abuja; or from carrying out any further or fresh demolition exercise of any structures or buildings in the said estate; or in any way interfering with the plaintiff’s exclusive right of ownership and possession of the said property.

    Trademore Holding in the main suit complained to the court about earlier illegal, wanton and unconscionable demolition of buildings belonging to innocent occupants in the estate by agents of the Defendants when it was manifestly clear that the three floodings ever experienced in the estate since it was built in 2007, were all caused, not by the Plaintiff or occupants of the estate, but by acts of gross negligence occasioned by the Defendants; or through outright inaction by agents of the Federal Government, by refusing to implement  any of the anti-flooding measures jointly devised and agreed upon at various meetings and through several correspondences by representatives of the Federal government and Trademore Holding International Ltd (owners of the Trademore Estate ). 

    The Plaintiff argued, amongst others, that if the Defendants, through the Ecological Fund had not built a very narrow carnal instead of a huge bridge to allow the free passage of water coming from a now broken down and disused dam that runs through several adjoining settlements, coupled with several unstrained excavatory acts of other developers in the area, there would have been no incidence of flooding in the estate. 

    Trademore Holding therefore sought from the court an order for maintenance of status quo and also an ex parte order of interim injunction restraining all the Defendants,or their agents, servants, employees or privies howsoever and whomsoever, from any acts for further trespass or demolition of the estate or any part thereof, pending the hearing and determination of the motion on notice for interlocutory injunction which was also filed alongside the writ of summons, statement of claim and the motion for interim injunction.

    In the ex parte application argued today ( 12th July, 2023), by Benson Igbanoi, Esq, leading Miss Vivian Oluchi Uche (holding the brief of the Plaintiff’s Counsel, Professor Ozekhome), the learned trial Judge, Hon Justice Zubairu Mohammed granted all the Claimant’s injunctive reliefs against  the federal government functionaries and agents.

    He also specifically granted the second prayer asked for, to wit, that “all parties maintain status quo, while the Motion on Notice and Writ of Summons be served on the Defendants forthwith”. The Judge thereafter adjourned the motion on notice for hearing to the 22nd of September 2023.

  • Kogi APC Primary: Adeyemi heads to Appeal Court, seeks cancellation

    Kogi APC Primary: Adeyemi heads to Appeal Court, seeks cancellation

    A former Senator, who represented Kogi West Senatorial zone, Senator Smart Adeyemi on Wednesday, said he would approach the Court of Appeal in Abuja to nullify the governorship primary election the All Progressives Congress (APC) held in the state.

    Justice James Omotosho in a judgment delivered on Wednesday, held that Adeyemi did not present credible evidence to prove his allegation that Ododo was not lawfully nominated by the APC. 

    Reacting, Adeyemi, through his counsel, Dapo Otitoju, said he disagreed with the judgement of the Federal High Court in Abuja, which affirmed the primary election that produced Ahmed Usman Ododo as the candidate of the party for the governorship election billed to hold in the state in November.

    The plaintiff had in his suit marked: FHC/ABJ/CS/556/2023, sought the cancellation of the primary election on the premise that it was not validly conducted. 

    Specifically, he wants the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll.

    According to him, Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC.

    He, therefore, urged the court to declare the purported primary election as invalid and to issue an order, compelling the Independent National Electoral Commission, INEC, not to recognize Ododo as the bonafide candidate of the party for the governorship election.

    Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022. 

    The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission, INEC.

    It held that the allegations the plaintiff raised in the suit were criminal in nature and therefore ought to be proved beyond every reasonable doubt. 

    Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law. 

    “There is enough proof before this court to show that indeed a direct primary election of the APC held in Kogi state on April 14,” the court held, adding that Senator Adeyemi had after he lost in the election, lodged a complaint before an appeal Committee that was constituted by the APC.

    The court held that evidence before it showed that Adeyemi failed to appear before the Committee to prove his allegations. 

    The court said it found no reason to invalidate the outcome of the primary election. 

    Consequently, it dismissed the suit as lacking in merit. 

    However, reacting to the judgement, Senator Adeyemi, through his counsel, said he would take the case to the appellate court. 

    He insisted that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties, insisting that there were inconsistencies in the report that was tendered by the INEC and the affidavit that was deposed by the APC. 

    Adeyemi alleged that whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC, told the court that the election was through secret ballot. 

    The former lawmaker had in a 35 paragraph affidavit he filed in support of his originating summons, told the court that he obtained nomination and expression of interest forms from the party at the cost of N50million, following which he was screened and cleared to participate in the primary election that was slated for April 14, 2023.

    Adeyemi told the court that while he waited at his constituency to cast his vote along with his people, he was shocked when information came to him that the purported primary election had been conducted and a purported winner declared.

    He alleged that Governor Bello had initially asked all other aspirants to step down for his preferred candidate, Ododo, who is from the same zone as him.

    The plaintiff told the court that by political arrangement, it ought to be the turn of Kogi West, which had not produced a governor in the history of the state.

    More so, Adeyemi, alleged that Governor Bello manipulated the whole process to ensure that his first cousin from the same polling unit, from the same ward, from the same local government, and from the same tribe, Mr Ododo, emerged as the governorship candidate of the party, against the laid down rules and regulations.

    He told the court that Governor Bello had among other things, presided over a panel where figures were allotted in favour of Ododo.

    He further claimed that the governor of Zamfara State, Bello Matawalle, who was supposed to preside over and announced the winner of the primary election, left Kogi state in annoyance so as to dissociate himself from the outcome of what they described as a shambolic primary election.

    Adeyemi prayed to the court to nullify the governorship primary election and order the APC to conduct a fresh one.

  • Tribunal: INEC tenders Peter Mbah’s certificates

    Tribunal: INEC tenders Peter Mbah’s certificates

    *Edeoga’s name missing in LP register

    An Independent National Electoral Commission (INEC) staff member, Mr Emmanuel Damis, on Tuesday, appeared before the Governorship Election Petition Tribunal as a subpoenaed witness and tendered Mr. Peter Mbah’s qualifications.

    Damis, Petitioner’s Witness three, works at the Legal Drafting and Clearance Department, INEC headquarters, Abuja.

    The Governorship Election Petition Tribunal is hearing the petition filed by Mr Chijioke Edeoga of the Labour Party against Peter Mbah of the Peoples Democratic Party (PDP).

    Edeoga is praying the tribunal to disqualify Mba over the alleged NYSC certificate forgery.

    When the subpoenaed witness came into the witness box to tender the documents on the evidence, the counsels to the second and third respondents objected to the tendering of documents and refused the counsel to the petitioner, Mr Eyitayo Fatogun to re-examine the witness.

    The INEC staff then tendered Mbah’s certificates which he submitted alongside his governorship nomination form.

    According to the witness, the documents with me are Form EC9 and all the attachments, for the PDP governorship candidate, Enugu State.

    The LP counsel applied to tender the documents as exhibits and were admitted by the tribunal as evidence.

    However, the petitioners’ counsel, Fatogun equally cited plethora of cases which he said justified the evidence of the subpoenaed witness

    Both the PDP and Mbah objected to the admissibility of the documents. They, however, reserved their objections for the written address.

    The two counsels to the respondents, Mbah and the PDP objected to his evidence on the grounds that a witness must first swear to a witness deposition on oath, citing several authorities to back up their argument.

    Meanwhile, during cross examination of the witness by the PDP’s counsel, Mr Alex Iziyon (SAN) on membership register of the LP submitted to the commission before the election, Damis could not identify Edeoga’s name as the Isiuzo LGA was not found in the list by the subpoenaed witness.

    The witnesses, who said they were all party agents included Ezeme Ifesinachi, Lt.-Col. Chizoba Ugwu (Rtd) from Obollo-Etiti, Joseph Ada and Jonas Okwor, all from from Obollo-Etiti in Udenu Local Government Area.

    The witnesses alleged irregularities in the result announced by the INEC for Udenu LGA.

    The Chairman of the Tribunal, Justice M.K Akano said that a ruling on the objections raised by the respondents would be considered alongside the judgement.

    Akano adjourned the case till July 12 for continuation of the hearing. 

  • Sokoto Guber: Tribunal admits Gobir’s school certs in evidence

    Sokoto Guber: Tribunal admits Gobir’s school certs in evidence

    The Election Petition Tribunal in Sokoto state has admitted in evidence, two letters on Deputy Governor Idris Gobir’s, educational qualifications and adjourned sitting until July 19.

    Tribunal Chairman, Justice Haruna Mshelia, adjourned the case after the Peoples Democratic Party (PDP) and the 2023 Governorship candidate, Alhaji Sa’idu Umar, closed their testimonies to prove their petition.

    Mshelia adjourned for the All Progressives Congress (APC), Governor Ahmad Aliyu and Gobir to open their defence.

    The exhibits admitted are from the Saboon Birni Local Government Education Authority (LGEA) tendered by Mr. Muyiwa Akinboro SAN, the lead Counsel to the PDP, and its 2023 Governorship candidate, Alhaji Sa’idu Umar.

    Akinboro led the state party chairman, Alhaji Bello Goronyo, who was the last among 32 witnesses lined up to prove the petition at the Tribunal.

    In his testimony, Goronyo said he delegated some party members as agents and received reports on election violence and associated frauds which were compiled and submitted to Independent National Electoral Commission (INEC) and other relevant authorities.

    He admitted that some persons were arrested for alleged violence and malpractices, however, could not attest to being prosecuted or not.

    The party chairman told the tribunal that he was not aware of any court judgment on Gov. Aliyu and his deputy, Gobir’s eligibility to contest elections.

    Akinboro also presented the Head of Operations of INEC in Sokoto, Abdulmumini Usman, who produced some election documents in evidence.

    The lead Respondents’ Counsel, Chief Jecob Ochidi, SAN and that of the APC, Hassan Liman SAN objected to the admissibility of documents and further cross-examined the witnesses.

    INEC lead Counsel Mr AbdulAziz Sani, SAN also aligned himself with the submissions of the respondents’ counsel.

    Umar and PDP approached the tribunal demanding the nullification of the March 18, 2023 election that produced Governor Ahmad Aliyu of All Progressive Congress (APC) and his Deputy, Idris Gobir as winners.

    In the petition, they alleged that the election was flawed and did not comply with electoral laws.

    The petitioners argued that at the time of the election Respondents were not qualified to contest the election and prayed that by virtue of the non-qualification of the Respondents to contest the election, votes were wrongfully attributed to them.

    They argued that the said election has become unlawful, null, and void.

    They further prayed the tribunal to mandate INEC to issue a new certificate of return to the petitioner as the duly elected Governor of Sokoto State having scored the majority of the lawful votes cast or ordered for another election excluding the Respondents. 

  • I’m not aware of any fresh suit against me- Stella Oduah

    I’m not aware of any fresh suit against me- Stella Oduah

    Former Aviation Minister, Senator Stella Oduah, has denied knowledge of any fresh criminal charges brought against her by the police in the name of the Economic and Financial Crimes Commission (EFCC).

    The Senator, who represented Anambra North in the Senate, insisted that she has not been served with the purported charge.

    She maintained that she was never subjected to any kind of investigation by the Nigeria Police Force or any other security agency in regard to any fresh case.

    Addressing a press conference, the Senator, through his counsel, Chief James Ogwu Onoja, maintained that the charges have no proof of evidence bearing Mrs Oduah’s statement as required by law, while no single witness from the NYSC was listed.

    Besides, Onoja claimed that the two Police lawyers responsible for the filing of the charges did so without affixing their practicing seals while the address where the purported charge emanated indicated EFCC’s office at number 1, Court Road, Benin City, Edo State.

    He claimed that it could not yet be ascertained whether the police or the EFCC was behind the charge.

    He further explained that EFCC does not have the powers to prosecute any offence under the Penal Code, adding that the charge does not allege any offence under the EFCC’s Act but a Criminal Code.

    He further revealed that his team had been to EFCC’s headquarters for investigation on the faceless charges and that the EFCC denied knowledge of the charge.

    “The spurious allegations against our clients of not participating in NYSC have been dismissed by the Supreme Court in her favour. This country has had enough” he said, while charging that prosecutorial authorities should not be available to political hirelings, adding that the fresh charge against his client is a violation of the Code of Conduct for prosecutors as issued by the Federal Ministry of Justice and punishable under Article 7, part B of the Code.

    He, therefore, thanked Justice James Omotosho for ordering the immediate arrest of the lawyer that issued the charge and appeared for prosecution, noting that, the action of the judge is a confirmation that the court was not comfortable with all anomalies contained on the face of the charge.

    He then vowed to issue a petition to the Inspector General of Police for investigation and to call to order those bringing the image of the police to disrepute while another petition would be forwarded to EFCC to investigate impersonation and abuse of its prosecutorial powers.

    Similarly, Onoja further vowed to report the matter of filing documents contrary to practice direction on fixing of seals of legal practitioners to the Chief Registrar of the Federal High Court, adding that upon identifying the lawyers involved, they would be dragged before Legal Practitioners Disciplinary Committee in addition to facing court action for malicious prosecution of Mrs Oduah.

    “This is a new political dispensation which has promised adherence to the Rule of Law and accountability, we need a breath of fresh air”, the senior lawyer said.