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  •  A Federal High Court in Lagos on Monday adjourned until Dec 5 judgment in a N7 2 billion fraud case against former Gov Orji Kalu of Abia The Economic and Financial Crimes Commission EFCC prosecuted Kalu and a former Commissioner for Finance in the state Ude Udeogo Also charged along with Kalu is a company Slok Nig Ltd The judgement could not be delivered on Monday Dec 2 as earlier slated as Justice Mohammed Idris was not available The Nigeria News Agency reports that EFCC had on Oct 31 2016 preferred a 34 count charge against the defendants The charge was later increased to 39 counts The defendants however pleaded not guilty to all the counts and were granted bail NAN reports that Idris who tried the case has been elevated to the Court of Appeal He consequently conducted and concluded the trial by fiat Following accelerated hearing Idris concluded trial in August On Oct 22 both the prosecution and defence counsel adopted their written submissions before the court The judge then reserved judgement now to be delivered on Dec 5 NAN reports that on Nov 12 2018 Kalu was absent for his trial after being absent on a previous adjourned date Nov 5 2018 Although defence counsel informed the court that he was away for medical treatment in Germany the court revoked his bail and ordered that at his return to Nigeria he must submit himself and his travel documents to the EFCC or be arrested In the charge the EFCC said that the defendants committed the alleged offences between August 2001 and October 2005 It said that Kalu utilised his company s account to retain N200 million in First Inland bank now First City Monument Bank The commission claimed that the sum formed part of funds illegally derived from the coffers of the Abia State Government In one of the counts Kalu s company Slok Nig Ltd and one Emeka Abone said to be at large were alleged to have retained in the company s account the sum of N200 million on behalf of the ex governor In counts one to 10 the defendants were alleged to have retained about N2 5 billion belonging to the Abia The EFCC said that the defendants diverted over N7 2 billion from Abia government s treasury during Kalu s tenure as the governor in contravention of Sections 15 6 16 and 21 of the Money Laundering Prohibition Act 2005 The commission said that the offences also contravene the provisions of the Money Laundering Act of 1995 as amended Edited amp Vetted By Ijeoma Popoola NAN
    Ex-Gov. Kalu: Court adjourns judgment on N7.2bn fraud charge
     A Federal High Court in Lagos on Monday adjourned until Dec 5 judgment in a N7 2 billion fraud case against former Gov Orji Kalu of Abia The Economic and Financial Crimes Commission EFCC prosecuted Kalu and a former Commissioner for Finance in the state Ude Udeogo Also charged along with Kalu is a company Slok Nig Ltd The judgement could not be delivered on Monday Dec 2 as earlier slated as Justice Mohammed Idris was not available The Nigeria News Agency reports that EFCC had on Oct 31 2016 preferred a 34 count charge against the defendants The charge was later increased to 39 counts The defendants however pleaded not guilty to all the counts and were granted bail NAN reports that Idris who tried the case has been elevated to the Court of Appeal He consequently conducted and concluded the trial by fiat Following accelerated hearing Idris concluded trial in August On Oct 22 both the prosecution and defence counsel adopted their written submissions before the court The judge then reserved judgement now to be delivered on Dec 5 NAN reports that on Nov 12 2018 Kalu was absent for his trial after being absent on a previous adjourned date Nov 5 2018 Although defence counsel informed the court that he was away for medical treatment in Germany the court revoked his bail and ordered that at his return to Nigeria he must submit himself and his travel documents to the EFCC or be arrested In the charge the EFCC said that the defendants committed the alleged offences between August 2001 and October 2005 It said that Kalu utilised his company s account to retain N200 million in First Inland bank now First City Monument Bank The commission claimed that the sum formed part of funds illegally derived from the coffers of the Abia State Government In one of the counts Kalu s company Slok Nig Ltd and one Emeka Abone said to be at large were alleged to have retained in the company s account the sum of N200 million on behalf of the ex governor In counts one to 10 the defendants were alleged to have retained about N2 5 billion belonging to the Abia The EFCC said that the defendants diverted over N7 2 billion from Abia government s treasury during Kalu s tenure as the governor in contravention of Sections 15 6 16 and 21 of the Money Laundering Prohibition Act 2005 The commission said that the offences also contravene the provisions of the Money Laundering Act of 1995 as amended Edited amp Vetted By Ijeoma Popoola NAN
    Ex-Gov. Kalu: Court adjourns judgment on N7.2bn fraud charge
    Judiciary3 years ago

    Ex-Gov. Kalu: Court adjourns judgment on N7.2bn fraud charge

    A Federal High Court in Lagos on Monday adjourned until Dec. 5, judgment in a N7.2 billion fraud case against former Gov. Orji Kalu of Abia.

    The Economic and Financial Crimes Commission (EFCC) prosecuted Kalu and a former Commissioner for Finance in the state, Ude Udeogo.

    Also charged along with Kalu is a company, Slok Nig. Ltd.

    The judgement could not be delivered on Monday (Dec. 2) as earlier slated, as Justice Mohammed Idris was not available.

    The Nigeria News Agency reports that EFCC had on Oct. 31, 2016, preferred a 34-count charge against the defendants.

    The charge was later increased to 39 counts.

    The defendants, however, pleaded not guilty to all the counts, and were granted bail.

    NAN reports that Idris, who tried the case, has been elevated to the Court of Appeal.

    He consequently conducted and concluded the trial by fiat.

    Following accelerated hearing, Idris concluded trial in August.

    On Oct. 22, both the prosecution and defence counsel adopted their written submissions before the court.

    The judge then reserved judgement now to be delivered on Dec. 5.

    NAN reports that on Nov. 12, 2018, Kalu was absent for his trial, after being absent on a previous adjourned date – Nov. 5, 2018.

    Although, defence counsel informed the court that he was away for medical treatment in Germany, the court revoked his bail, and ordered that at his return to Nigeria, he must submit himself and his travel documents to the EFCC, or be arrested.

    In the charge, the EFCC said that the defendants committed the alleged offences between August 2001 and October 2005.

    It said that Kalu utilised his company’s account to retain N200 million in First Inland bank (now First City Monument Bank).

    The commission claimed that the sum formed part of funds illegally derived from the coffers of the Abia State Government.

    In one of the counts, Kalu’s company (Slok Nig. Ltd.) and one Emeka Abone said to be at large, were alleged to have retained in the company’s account, the sum of N200 million on behalf of the ex-governor.

    In counts one to 10, the defendants were alleged to have retained about N2.5 billion belonging to the Abia.

    The EFCC said that the defendants diverted over N7.2 billion from Abia government’s treasury during Kalu’s tenure as the governor, in contravention of Sections 15(6), 16 and 21 of the Money Laundering (Prohibition) Act, 2005.

    The commission said that the offences also contravene the provisions of the Money Laundering Act of 1995 as amended.

    Edited & Vetted By: Ijeoma Popoola
    (NAN)

  •  An FCT High Court Maitama on Monday fixed Jan 27 2020 for judgment in a case of alleged culpable homicide against Maryam Sanda Sanda was alleged to have killed her husband Bilyamin Bello over allegations of infidelity Bello was the nephew of Haliru Bello a former Chairman of the Peoples Democratic Party PDP Justice Yusuf Halilu fixed Jan 27 2020 for judgment after listening to the submissions of all the counsels in the matter in their adoption of final written addresses Sanda was arraigned by the Inspector General of Police IGP in 2017 on a one count charge of culpable homicide She was arraigned alongside Aliyu Sanda her brother Maimuna Aliyu her mother and Sadiya Aminu her housemaid However Justice Yusuf Halilu discharged her co defendants after they filed a no case submission Adopting their final written address on Monday Mr Fidelis Ogbobe the prosecuting counsel submitted that the prosecution had proved the allegations levelled against the defendant beyond reasonable doubt Ogbobe said that they had established that Sanda caused the death of her husband by stabbing him He urged the court therefore to convict the defendant and sentence her accordingly Ms Regina Okotie Eboh Sanda s lawyer in their adoption argued that the prosecution failed to tender evidence to corroborate the allegations Okotie Eboh submitted that the prosecution did not call nurses or doctors from the hospital where the deceased was taken to as witnesses She added that they failed to tender the knife with which the defendant allegedly used to perpetrate the act and no autopsy was carried out to ascertain the actual cause of death The court only decides on a matter based on the evidence before it and not suspicions Okotie Eboh stated She therefore urged the court to discharge and acquit Sanda Edited amp Vetted By Maureen Atuonwu NAN
    Alleged culpable homicide :Abuja court fixes Jan. 27, 2020 for judgment
     An FCT High Court Maitama on Monday fixed Jan 27 2020 for judgment in a case of alleged culpable homicide against Maryam Sanda Sanda was alleged to have killed her husband Bilyamin Bello over allegations of infidelity Bello was the nephew of Haliru Bello a former Chairman of the Peoples Democratic Party PDP Justice Yusuf Halilu fixed Jan 27 2020 for judgment after listening to the submissions of all the counsels in the matter in their adoption of final written addresses Sanda was arraigned by the Inspector General of Police IGP in 2017 on a one count charge of culpable homicide She was arraigned alongside Aliyu Sanda her brother Maimuna Aliyu her mother and Sadiya Aminu her housemaid However Justice Yusuf Halilu discharged her co defendants after they filed a no case submission Adopting their final written address on Monday Mr Fidelis Ogbobe the prosecuting counsel submitted that the prosecution had proved the allegations levelled against the defendant beyond reasonable doubt Ogbobe said that they had established that Sanda caused the death of her husband by stabbing him He urged the court therefore to convict the defendant and sentence her accordingly Ms Regina Okotie Eboh Sanda s lawyer in their adoption argued that the prosecution failed to tender evidence to corroborate the allegations Okotie Eboh submitted that the prosecution did not call nurses or doctors from the hospital where the deceased was taken to as witnesses She added that they failed to tender the knife with which the defendant allegedly used to perpetrate the act and no autopsy was carried out to ascertain the actual cause of death The court only decides on a matter based on the evidence before it and not suspicions Okotie Eboh stated She therefore urged the court to discharge and acquit Sanda Edited amp Vetted By Maureen Atuonwu NAN
    Alleged culpable homicide :Abuja court fixes Jan. 27, 2020 for judgment
    Judiciary3 years ago

    Alleged culpable homicide :Abuja court fixes Jan. 27, 2020 for judgment

    An FCT High Court, Maitama on Monday fixed Jan. 27, 2020 for judgment in a case of alleged culpable homicide against Maryam Sanda.

    Sanda was alleged to have killed her husband, Bilyamin Bello, over allegations of infidelity.

    Bello was the nephew of Haliru Bello, a former Chairman of the Peoples Democratic Party (PDP).

    Justice Yusuf Halilu fixed Jan. 27, 2020 for judgment after listening to the submissions of all the counsels in the matter in their adoption of final written addresses.

    Sanda was arraigned by the Inspector General of Police (IGP) in 2017 on a one count charge of culpable homicide.

    She was arraigned alongside Aliyu Sanda, her brother; Maimuna Aliyu, her mother and Sadiya Aminu, her housemaid.

    However, Justice Yusuf Halilu discharged her co-defendants after they filed a “no case submission.”

    Adopting their final written address on Monday, Mr Fidelis Ogbobe, the prosecuting counsel submitted that the prosecution had proved the allegations levelled against the defendant beyond reasonable doubt.

    Ogbobe said that they had established that Sanda caused the death of her husband by stabbing him.

    He urged the court therefore to “convict the defendant and sentence her accordingly.”

    Ms Regina Okotie-Eboh, Sanda’s lawyer in their adoption argued that the prosecution failed to tender evidence to corroborate the allegations.

    Okotie-Eboh submitted that the prosecution did not call nurses or doctors from the hospital where the deceased was taken to as witnesses.

    She added that they failed to tender the knife with which the defendant allegedly used to perpetrate the act and no autopsy was carried out to ascertain the actual cause of death.

    “The court only decides on a matter based on the evidence before it and not suspicions,” Okotie-Eboh stated.

    She, therefore, urged the court to discharge and acquit Sanda.

    Edited & Vetted By: Maureen Atuonwu
    (NAN)

  •  The Nigerian Union South Africa NUSA has extoled the judgment of Judge Shyam Gyanda of a South African court on the brutal murder of the late Ebuka Okoli in that country s Durban Kwazulu Natal Province The President of the union Mr Adetola Olubajo told the Nigeria News Agency from Johannesburg on telephone after the judgment on Friday that the accused was found guilty on all four charges Olubajo said that Austin Luciano Reynolds a 24 year old South African Police Constable was charged with one count of murder and three charges of robbery He said the court found him guilty after his accomplice during an illegal raid turned state witness Ebuka a native of Anambra State was shot by a young police constable in Durban on Jan 19 2018 Ebuka was shot at close range during an illegal raid by the police officer Reynolds and his colleague on the community where he resides in Durban He was robbed tortured handcuffed and later shot at close range by the officer who was off duty at the time of the raid We have been monitoring the case since the inception and very grateful for the role played by the Independent Police Investigative Directorate IPID because without them this case would have been one of the numerous unresolved murder cases of Nigerians in South Africa Olubajo said He added that the jail term would be announced next year PDE Edited amp Vetted By Peter Ejiofor NAN
    NUSA hails South African court judgment on brutal murder of Nigerian
     The Nigerian Union South Africa NUSA has extoled the judgment of Judge Shyam Gyanda of a South African court on the brutal murder of the late Ebuka Okoli in that country s Durban Kwazulu Natal Province The President of the union Mr Adetola Olubajo told the Nigeria News Agency from Johannesburg on telephone after the judgment on Friday that the accused was found guilty on all four charges Olubajo said that Austin Luciano Reynolds a 24 year old South African Police Constable was charged with one count of murder and three charges of robbery He said the court found him guilty after his accomplice during an illegal raid turned state witness Ebuka a native of Anambra State was shot by a young police constable in Durban on Jan 19 2018 Ebuka was shot at close range during an illegal raid by the police officer Reynolds and his colleague on the community where he resides in Durban He was robbed tortured handcuffed and later shot at close range by the officer who was off duty at the time of the raid We have been monitoring the case since the inception and very grateful for the role played by the Independent Police Investigative Directorate IPID because without them this case would have been one of the numerous unresolved murder cases of Nigerians in South Africa Olubajo said He added that the jail term would be announced next year PDE Edited amp Vetted By Peter Ejiofor NAN
    NUSA hails South African court judgment on brutal murder of Nigerian
    General news3 years ago

    NUSA hails South African court judgment on brutal murder of Nigerian

    The Nigerian Union South Africa (NUSA) has extoled the judgment of Judge Shyam Gyanda of a South African court on the brutal murder of the late Ebuka Okoli in that country’s Durban, Kwazulu Natal Province.

    The President of the union, Mr Adetola Olubajo, told the Nigeria News Agency from Johannesburg on telephone after the judgment on Friday that the accused was found guilty on all four charges.

    Olubajo said that Austin Luciano Reynolds, a 24-year-old South African Police Constable, was charged with one count of murder and three charges of robbery.

    He said the court found him guilty after his accomplice during an illegal raid turned state witness.

    “Ebuka, a native of Anambra State was shot by a young police constable in Durban on Jan. 19, 2018.

    “Ebuka was shot at close range during an illegal raid by the police officer, Reynolds, and his colleague on the community where he resides in Durban.

    “He was robbed, tortured, handcuffed, and later shot at close range by the officer who was off duty at the time of the raid.

    “We have been monitoring the case since the inception and very grateful for the role played by the Independent Police Investigative Directorate (IPID), because without them, this case would have been one of the numerous unresolved murder cases of Nigerians in South Africa,’’ Olubajo said.

    He added that the jail term would be announced next year.

    PDE

    (Edited & Vetted By: Peter Ejiofor)
    (NAN)

  •   The Court of Appeal sitting in Abuja on Thursday reserved judgment in an appeal challenging the re election of Samuel Ortom s as Benue governor Emmanuel Jime of the All Progressives Congress APC had challenged the return of Mr Ortom of the Peoples Democratic Party PDP by the Independent National Electoral Commission INEC on the grounds of substantial noncompliance with the provisions of Electoral Act 2010 as amended Also joined in the petition were the PDP and INEC The five man panel of the appellate court presided over by Justice A A Begore after listening to the brief of arguments by the counsel in the matter reserved judgment to a date that would be communicated to parties Mr Yusuf Ali SAN counsel for the appellants in his brief of argument urged the panel to find merit in the appeal and set aside the judgment of the lower tribunal All the counsel for the respondents Mr Offiong Offiong SAN for INEC Mr Sabestine Hon SAN for Ortom and Mr Chris Uche SAN for PDP in their various brief of argument urged the panel to dismiss the appeal with substantial cost The petitioners alleged in their petition that Ortom was not dully elected by majority of lawful votes cast and there were issues of over voting The APC governorship candidate also challenged the results declared in Buruku Gboko Guma Gwer East Gwer West Konshisha Kwande Logo Ukum Ushongo and Vandeikya He therefore asked the tribunal to either declare him winner of the March 2019 governorship election in Benue or nullify Ortom s election and order the conduct of a fresh election in the state NAN reports that at Benue Election Petition Tribunal the petitioners called 59 witnesses who testified that they witnessed irregularities over voting and other electoral malpractices perpetrated by the PDP and INEC during the election The respondents stated that the election was conducted in substantial compliance with the Electoral Act 2010 as amended adding that non substantial compliance did not affect the result of the election During the hearing of the petition Ortom called only one witness while the Independent National Electoral Commission INEC did not call any witness The Governorship election sitting in Makurdi on Oct 7 dismissed the petition of Jime The Tribunal presided over by Justice Henry Olusiyi in its judgment held that the Petitioner s witness statements were contradictory unreliable and not credible The panel added that their statements were incompetent and their inability to identify documents and link them to the case which amounts to dumping the materials on the tribunal Olusiyi also held that the petitioners failed to prove the allegation of over voting noting voters register and not the smart card reader remains the valid method to ascertain the number of registered voters in an elegant Card reader can only be alternative and admissible if the National Assembly amends the Electoral Act to provide for it the panel held He added that witnesses failed to prove allegation of over voting to warrant the cancellation of votes in polling units NAN edited by Sadiya Hamza
    Benue Governorship: Appeal court reserves judgment in appeal challenging Ortom’s re-election G
      The Court of Appeal sitting in Abuja on Thursday reserved judgment in an appeal challenging the re election of Samuel Ortom s as Benue governor Emmanuel Jime of the All Progressives Congress APC had challenged the return of Mr Ortom of the Peoples Democratic Party PDP by the Independent National Electoral Commission INEC on the grounds of substantial noncompliance with the provisions of Electoral Act 2010 as amended Also joined in the petition were the PDP and INEC The five man panel of the appellate court presided over by Justice A A Begore after listening to the brief of arguments by the counsel in the matter reserved judgment to a date that would be communicated to parties Mr Yusuf Ali SAN counsel for the appellants in his brief of argument urged the panel to find merit in the appeal and set aside the judgment of the lower tribunal All the counsel for the respondents Mr Offiong Offiong SAN for INEC Mr Sabestine Hon SAN for Ortom and Mr Chris Uche SAN for PDP in their various brief of argument urged the panel to dismiss the appeal with substantial cost The petitioners alleged in their petition that Ortom was not dully elected by majority of lawful votes cast and there were issues of over voting The APC governorship candidate also challenged the results declared in Buruku Gboko Guma Gwer East Gwer West Konshisha Kwande Logo Ukum Ushongo and Vandeikya He therefore asked the tribunal to either declare him winner of the March 2019 governorship election in Benue or nullify Ortom s election and order the conduct of a fresh election in the state NAN reports that at Benue Election Petition Tribunal the petitioners called 59 witnesses who testified that they witnessed irregularities over voting and other electoral malpractices perpetrated by the PDP and INEC during the election The respondents stated that the election was conducted in substantial compliance with the Electoral Act 2010 as amended adding that non substantial compliance did not affect the result of the election During the hearing of the petition Ortom called only one witness while the Independent National Electoral Commission INEC did not call any witness The Governorship election sitting in Makurdi on Oct 7 dismissed the petition of Jime The Tribunal presided over by Justice Henry Olusiyi in its judgment held that the Petitioner s witness statements were contradictory unreliable and not credible The panel added that their statements were incompetent and their inability to identify documents and link them to the case which amounts to dumping the materials on the tribunal Olusiyi also held that the petitioners failed to prove the allegation of over voting noting voters register and not the smart card reader remains the valid method to ascertain the number of registered voters in an elegant Card reader can only be alternative and admissible if the National Assembly amends the Electoral Act to provide for it the panel held He added that witnesses failed to prove allegation of over voting to warrant the cancellation of votes in polling units NAN edited by Sadiya Hamza
    Benue Governorship: Appeal court reserves judgment in appeal challenging Ortom’s re-election G
    Judiciary3 years ago

    Benue Governorship: Appeal court reserves judgment in appeal challenging Ortom’s re-election G

    The Court of Appeal sitting in Abuja on Thursday reserved judgment in an appeal challenging the re- election of Samuel Ortom’ s as Benue governor.Emmanuel Jime of the All Progressives Congress (APC) had challenged the return of Mr Ortom of the Peoples Democratic Party (PDP) by the Independent National Electoral Commission (INEC) on the grounds of substantial noncompliance with the provisions of Electoral Act, 2010 as amended.Also joined in the petition were the PDP and INEC.The five- man panel of the appellate court presided over by Justice A.A Begore after listening to the brief of arguments by the counsel in the matter reserved judgment to a date that  would be communicated to parties.Mr Yusuf Ali, SAN, counsel for the appellants in his brief of argument urged the panel to find merit in the appeal and set aside the judgment of the lower tribunal.All the counsel for the respondents,  Mr Offiong Offiong , SAN for INEC,  Mr Sabestine  Hon, SAN for Ortom and Mr Chris Uche, SAN for PDP in their various brief of argument urged the panel to dismiss the appeal with substantial cost. The petitioners alleged in their petition that Ortom was not dully elected by majority of lawful votes cast and there were issues of over voting.The APC governorship candidate also challenged the results declared in Buruku, Gboko, Guma, Gwer East, Gwer West, Konshisha, Kwande, Logo, Ukum, Ushongo and Vandeikya.He therefore asked the tribunal to either declare him winner of the March 2019 governorship election in Benue or nullify Ortom’s election and order the conduct of a fresh election in the state.NAN reports that at Benue Election Petition Tribunal, the petitioners called 59 witnesses who testified that they witnessed irregularities, over voting and other electoral malpractices perpetrated by the PDP and INEC during the election. The respondents stated that the election was conducted in substantial compliance with the Electoral Act 2010 as amended, adding that non-substantial compliance did not affect the result of the election.During the hearing of the petition Ortom called only one witness while the Independent National Electoral Commission, INEC did not call any witness. The Governorship election sitting in Makurdi on Oct. 7 dismissed the petition of Jime.The Tribunal presided over by Justice Henry Olusiyi, in its judgment held that the  Petitioner’s witness statements were contradictory, unreliable and not credible.The panel added that their statements were incompetent and their inability to identify documents and link them to the case which amounts to dumping the materials on the tribunal.Olusiyi also held that the petitioners failed to prove the allegation of over voting, noting voters’ register and not the smart card reader remains the valid method to ascertain the number of registered voters in an elegant.“Card reader can only be alternative and admissible if the National Assembly amends the Electoral Act to provide for it” the panel held.He added that  witnesses failed to prove allegation of over voting to warrant the cancellation of votes in polling units. (NAN )edited by Sadiya Hamza

  •   Police Abuja Nov 19 2019 The Federal High Court Abuja will on Dec 4 deliver judgment in the suit filed by the Police Service Commission PSC against the Nigeria Police Force over the recruitment of 10 000 constables The trial judge Justice Inyang Ekwo fixed the date on Wednesday after hearing arguments from counsel representing parties in the suit Arguing on behalf of PSC Mr Kanu Agabi SAN held that contrary to arguments earlier canvassed by the Attorney General of the Federation the fourth defendant in the suit there was no distinction between recruitment and appointment The fourth defendant has tried to distinguish between recruitment and appointment but recruitment simply means the filling of vacancies by appointment of people not already in the public service there is no distinction between the two Agabi said Agabi further argued that there was no constitutional provision to back the claim that recruitment of police personnel from time immemorial has been done by the Inspector General of Police IGP He said it was the responsibility of the PSC to recruit police personnel and not that of the IGP and that allowing the IGP to conduct recruitment would be usurping powers of the commission Agabi prayed the court to grant all the reliefs sought by his client in the suit Mr Alex Iziyon SAN canvassing arguments on behalf of the first to third defendants the Nigeria Police Force the IGP and the Minister of Police Affairs described the suit as frivolous and scandalous He urged the court to dismiss the suit saying it was an abuse of court process For his part Mr Terhemba Agbe counsel to the Attorney General of the Federation AGF insisted that there was a distinction between recruitment and appointment Agbe told the court that the AGF had advised both parties to work in harmony that the IGP should conduct recruitment into the police and the names of those found worthy would be forwarded to the PSC for appointment After hearing arguments from all parties Justice Ekwo fixed Dec 4 for judgment and ordered that on the day of judgement no employee of the police or PSC should be in the court gallery He ordered that only legal counsel those designated to represent both organisations and the media should be present in court Nigeria News Agency recalls that the PSC had taken the Nigeria Police Force to court over the recruitment of 10 000 constables as approved by President Mohammadu Buhari The suit with the number 1124 2019 was filed by the plaintiff s counsel Kanu Agabi In the motion on notice filed on Sept 24 the commission is praying the court for an order of interlocutory injunction restraining the defendants from appointing recruiting or attempting to appoint or recruit by any means whatsoever any person into any office by the NPF pending the hearing and determination of the substantive suit The plaintiff also held that none of the respondents was authorised by law to play any role in the appointment promotion dismissal or exercise of disciplinary measures over persons holding or aspiring to hold offices in the Nigeria Police Force The commission said the NPF was presently trying to appoint 10 000 persons into the force in a flagrant usurpation of the functions and powers of the PSC The commission maintained that unless restrained by an order of this Court the respondent s appointments recruitments was capable of foisting a fiat accompli on the judgment of the court in the matter edited by Sadiya Hamza
    Police recruitment: Court to deliver judgment in PSC suit on Dec. 4
      Police Abuja Nov 19 2019 The Federal High Court Abuja will on Dec 4 deliver judgment in the suit filed by the Police Service Commission PSC against the Nigeria Police Force over the recruitment of 10 000 constables The trial judge Justice Inyang Ekwo fixed the date on Wednesday after hearing arguments from counsel representing parties in the suit Arguing on behalf of PSC Mr Kanu Agabi SAN held that contrary to arguments earlier canvassed by the Attorney General of the Federation the fourth defendant in the suit there was no distinction between recruitment and appointment The fourth defendant has tried to distinguish between recruitment and appointment but recruitment simply means the filling of vacancies by appointment of people not already in the public service there is no distinction between the two Agabi said Agabi further argued that there was no constitutional provision to back the claim that recruitment of police personnel from time immemorial has been done by the Inspector General of Police IGP He said it was the responsibility of the PSC to recruit police personnel and not that of the IGP and that allowing the IGP to conduct recruitment would be usurping powers of the commission Agabi prayed the court to grant all the reliefs sought by his client in the suit Mr Alex Iziyon SAN canvassing arguments on behalf of the first to third defendants the Nigeria Police Force the IGP and the Minister of Police Affairs described the suit as frivolous and scandalous He urged the court to dismiss the suit saying it was an abuse of court process For his part Mr Terhemba Agbe counsel to the Attorney General of the Federation AGF insisted that there was a distinction between recruitment and appointment Agbe told the court that the AGF had advised both parties to work in harmony that the IGP should conduct recruitment into the police and the names of those found worthy would be forwarded to the PSC for appointment After hearing arguments from all parties Justice Ekwo fixed Dec 4 for judgment and ordered that on the day of judgement no employee of the police or PSC should be in the court gallery He ordered that only legal counsel those designated to represent both organisations and the media should be present in court Nigeria News Agency recalls that the PSC had taken the Nigeria Police Force to court over the recruitment of 10 000 constables as approved by President Mohammadu Buhari The suit with the number 1124 2019 was filed by the plaintiff s counsel Kanu Agabi In the motion on notice filed on Sept 24 the commission is praying the court for an order of interlocutory injunction restraining the defendants from appointing recruiting or attempting to appoint or recruit by any means whatsoever any person into any office by the NPF pending the hearing and determination of the substantive suit The plaintiff also held that none of the respondents was authorised by law to play any role in the appointment promotion dismissal or exercise of disciplinary measures over persons holding or aspiring to hold offices in the Nigeria Police Force The commission said the NPF was presently trying to appoint 10 000 persons into the force in a flagrant usurpation of the functions and powers of the PSC The commission maintained that unless restrained by an order of this Court the respondent s appointments recruitments was capable of foisting a fiat accompli on the judgment of the court in the matter edited by Sadiya Hamza
    Police recruitment: Court to deliver judgment in PSC suit on Dec. 4
    Judiciary3 years ago

    Police recruitment: Court to deliver judgment in PSC suit on Dec. 4

    PoliceAbuja, Nov. 19, 2019 The Federal High Court Abuja will on Dec. 4,  deliver judgment in the suit filed by the Police Service Commission (PSC) against the Nigeria Police Force over the recruitment of 10,000 constables.The trial judge, Justice Inyang Ekwo fixed the date on Wednesday after hearing arguments from counsel representing parties in the suit.Arguing on behalf of PSC, Mr Kanu Agabi (SAN) held that contrary to arguments earlier canvassed by the Attorney- General of the Federation, the fourth defendant in the suit, there was no distinction between recruitment and appointment.“The fourth defendant has tried to distinguish between recruitment and appointment but recruitment simply means the filling of vacancies by appointment of people not already in the public service, there is no distinction between the two,” Agabi said.Agabi further argued that there was no constitutional provision to back the claim that “recruitment of police personnel from time immemorial has been done by the Inspector -General of Police, (IGP)”.He said it was the responsibility of the PSC to recruit police personnel and not  that of the IGP and that allowing the IGP to conduct recruitment, would be usurping powers of the commission.Agabi prayed the court to grant all the reliefs sought by his client in the suit.Mr Alex Iziyon, SAN, canvassing arguments on behalf of the first to third defendants, the Nigeria Police Force the IGP, and the Minister of Police Affairs, described the suit as frivolous and scandalous.He urged the court to dismiss the suit saying it was an abuse of court process.   For his part, Mr Terhemba Agbe, counsel to the Attorney-General of the Federation, (AGF) insisted that there was a distinction between recruitment and appointment.   Agbe told the court that the AGF had advised both parties to work in harmony,  that the IGP should conduct recruitment into the police and the names of those found worthy would be forwarded to the PSC for appointment.

      After hearing arguments from all parties, Justice Ekwo fixed Dec. 4 for judgment and ordered that on the day of judgement, no employee of the police or PSC should be in the court gallery.   He ordered that only legal counsel, those designated to represent both organisations and the media should be present in court.Nigeria News Agency recalls that  the PSC had taken the Nigeria Police Force to court over the recruitment of 10,000 constables as approved by President Mohammadu Buhari.The suit with the number, /1124/2019, was filed by the plaintiff’s counsel, Kanu Agabi.In the motion on notice filed on Sept. 24, the commission is praying the court for an order of interlocutory injunction restraining the defendants from ”appointing, recruiting or attempting to appoint or recruit by any means whatsoever any person into any office by the NPF pending the hearing and determination of the substantive suit”.The plaintiff also held that none of the respondents was authorised by law to play any role ”in the appointment, promotion, dismissal or exercise of disciplinary measures over persons holding or aspiring to hold offices in the Nigeria Police Force”.The commission said the NPF was presently trying to appoint 10,000 persons into the force in a flagrant usurpation of the functions and powers of the PSC.The commission maintained that unless restrained by an order of this Court, the respondent’s appointments/recruitments was capable of foisting a fiat accompli on the judgment of the court in the matter.edited by Sadiya Hamza

  •   Sen Mao Ohuabunwa the senatorial candidate of the Peoples Democratic Party PDP in the February 23 poll in Abia north has described the Appeal Court judgment that terminated his bid to return to Senate as a miscarriage of justice Reacting to the judgment in a statement made available to the Nigeria News Agency in Umuahia on Wednesday Ohuabunwa said he remained convinced that he defeated Sen Orji Kalu the Senate Chief Whip at the poll The statement which was signed by Dr Ndubuisi Eke the Director General of Ohuabunwa s Campaign Organisation called Follow Better stated that democracy in Nigeria had again come under siege with the judgment The former Speaker of the ECOWAS Parliament expressed shock over the judgement He stated I have been inundated with calls from democrats and well meaning Nigerians whose hope was dashed by the verdict Our judiciary again lost another golden opportunity to restore public confidence and rekindle the people s hope on our fledgling democracy He wondered how the Apeal Court panel arrived at its conclusion that the lower tribunal erred in justice According to Ohuabunwa the judgement is a travesty of justice bad precedence in our legal system and a judicial nod to illegality and broad day robbery of the people s mandate He opined that Abia north and it s people remained the worst losers of the legal battle because they have been robbed of their mandate He however said he had handed over the matter to God who alone is the final and only righteous judge My only regret is that Abia North which has always produced great voices at the senate has suddenly become a comic relief and laughing stock at the red chamber he said Ohuabunwa thanked his teeming supporters Ndigbo and all Nigerians for standing by him during the legal battle Nigeria News Agency reports that the lower tribunal had invalidated Kalu s election on the ground of non compliance with the Electoral Act and principle of margin of lead It therefore ordered INEC to conduct a supplementary poll in eight of the 11 wards in Arochukwu Local Government Area plus other polling units across the area where results of the poll were reportedly not collated Apparently dissatisfied with the judgment of the tribunal Kalu who contested on the platform of the All Progressives Congress approached the Court of Appeal In its judgment on November 7 the Appeal Court sitting in Owerri set aside the judgement of the tribunal It stated that the lower court erred in justice by granting Ohuabunwa reliefs he never asked for and reaffirmed Kalu s election Elected by Sam Oditah
    Ohuabunwa describes Appeal Court judgment on Abia north as ‘miscarriage of justice’
      Sen Mao Ohuabunwa the senatorial candidate of the Peoples Democratic Party PDP in the February 23 poll in Abia north has described the Appeal Court judgment that terminated his bid to return to Senate as a miscarriage of justice Reacting to the judgment in a statement made available to the Nigeria News Agency in Umuahia on Wednesday Ohuabunwa said he remained convinced that he defeated Sen Orji Kalu the Senate Chief Whip at the poll The statement which was signed by Dr Ndubuisi Eke the Director General of Ohuabunwa s Campaign Organisation called Follow Better stated that democracy in Nigeria had again come under siege with the judgment The former Speaker of the ECOWAS Parliament expressed shock over the judgement He stated I have been inundated with calls from democrats and well meaning Nigerians whose hope was dashed by the verdict Our judiciary again lost another golden opportunity to restore public confidence and rekindle the people s hope on our fledgling democracy He wondered how the Apeal Court panel arrived at its conclusion that the lower tribunal erred in justice According to Ohuabunwa the judgement is a travesty of justice bad precedence in our legal system and a judicial nod to illegality and broad day robbery of the people s mandate He opined that Abia north and it s people remained the worst losers of the legal battle because they have been robbed of their mandate He however said he had handed over the matter to God who alone is the final and only righteous judge My only regret is that Abia North which has always produced great voices at the senate has suddenly become a comic relief and laughing stock at the red chamber he said Ohuabunwa thanked his teeming supporters Ndigbo and all Nigerians for standing by him during the legal battle Nigeria News Agency reports that the lower tribunal had invalidated Kalu s election on the ground of non compliance with the Electoral Act and principle of margin of lead It therefore ordered INEC to conduct a supplementary poll in eight of the 11 wards in Arochukwu Local Government Area plus other polling units across the area where results of the poll were reportedly not collated Apparently dissatisfied with the judgment of the tribunal Kalu who contested on the platform of the All Progressives Congress approached the Court of Appeal In its judgment on November 7 the Appeal Court sitting in Owerri set aside the judgement of the tribunal It stated that the lower court erred in justice by granting Ohuabunwa reliefs he never asked for and reaffirmed Kalu s election Elected by Sam Oditah
    Ohuabunwa describes Appeal Court judgment on Abia north as ‘miscarriage of justice’
    Judiciary3 years ago

    Ohuabunwa describes Appeal Court judgment on Abia north as ‘miscarriage of justice’

    Sen. Mao Ohuabunwa, the senatorial candidate of the Peoples Democratic Party (PDP) in the February 23 poll in Abia north, has described the Appeal Court judgment that terminated his bid to return to Senate as “a miscarriage of justice”.
    Reacting to the judgment in a statement made available to the Nigeria News Agency in Umuahia on Wednesday, Ohuabunwa said he remained convinced that he defeated Sen. Orji Kalu, the Senate Chief Whip, at the poll.
    The statement, which was signed by Dr Ndubuisi Eke, the Director General of Ohuabunwa’s Campaign Organisation, called “Follow Better”, stated that democracy in Nigeria had again come under siege with the judgment.
    The former Speaker of the ECOWAS Parliament, expressed shock over the judgement.
    He stated: “I have been inundated with calls from democrats and well-meaning Nigerians, whose hope was dashed by the verdict.
    “Our judiciary again lost another golden opportunity to restore public confidence and rekindle the people’s hope on our fledgling democracy.”
    He wondered how the Apeal Court panel arrived at its conclusion that the lower tribunal “erred in justice”.
    According to Ohuabunwa, “the judgement is a travesty of justice, bad precedence in our legal system and a judicial nod to illegality and broad-day robbery of the people’s mandate.”
    He opined that Abia north and it’s people remained the worst losers of the legal battle “because they have been robbed of their mandate”.
    He however said he had handed over the matter to God “who alone is the final and only righteous judge.”
    “My only regret is that Abia North which has always produced great voices at the senate has suddenly become a comic relief and laughing stock at the red chamber,” he said.
    Ohuabunwa thanked his teeming supporters, Ndigbo and all Nigerians, for standing by him during the legal battle.
    Nigeria News Agency reports that the lower tribunal had invalidated Kalu’s election on the ground of non compliance with the Electoral Act and principle of margin of lead.
    It, therefore, ordered INEC to conduct a supplementary poll in eight of the 11 wards in Arochukwu Local Government Area, plus other polling units across the area, where results of the poll were reportedly not collated.
    Apparently dissatisfied with the judgment of the tribunal, Kalu, who contested on the platform of the All Progressives Congress, approached the Court of Appeal.
    In its judgment on November 7, the Appeal Court sitting in Owerri, set aside the judgement of the tribunal.
    It stated that the lower court erred in justice by granting Ohuabunwa “reliefs he never asked for” and reaffirmed Kalu’s election.

    (Elected by Sam Oditah)

  •   The Court of Appeal sitting in Abuja on Monday reserved judgment in the appeal filed by the All Progressives Congress APC and its candidate Great Ogboru against the election of Ifeanyi Okowa as Governor of Delta A five member panel of the appellate court led by Justice Uzo Ndukwe Anyanwu reserved judgment to a date that would be communicated to parties shortly after all counsel adopted and argued their brief of argument in the appeal Respondents in the appeal are Governor Ifeanyi Okowa Peoples Democratic Party PDP and Independent National Electoral Commission INEC Ogboru and his party APC are seeking to upturn the decision of the Delta State Governorship Election Petition Tribunal which returned Okowa for a second term as governor of Delta State INEC had declared Okowa and PDP winner of the March 9 governorship election in Delta State haven garnered majority of the lawful votes cast in the election But the appellants in a 37 grounds of appeal filed by their counsel Nicholson Ichekor asked the Court of Appeal to set aside the entire judgment of the tribunal on the grounds that the tribunal erred in law when it dismissed their appeal for lacking in merit The three man panel of the governorship election panel led by Justice Suleiman Belgore had in September dismissed Ogboru and APC s petition against the return of Governor Okowa on grounds that the petitioners failed to prove the cases of irregularities and malpractices claimed in their petition However in the appeal against the the decision of the tribunal Ogboru and APC argued that the lower court erred in law when it relied on the issue of over voting instead of allocation of votes as canvassed in their petition to dismiss their petition The appellants in urging the court to nullify okowa s election claimed that in some polling units the total number of votes cast at the election exceeded the total number of voters who were accredited to vote adding that there was non compliance with the provisions of the Electoral Act in relation to accreditation of voters However in response to the appeal Okowa and the PDP urged the Court of Appeal to dismiss Ogboru and APC s appeal for being incompetent and unmeritorious In their brief of argument by Mr Damien Dodo SAN and Mr Akinlolu Kehinde SAN for Okowa and PDP respectively the respondents submitted that the appellants failed to prove their allegations of over voting and non compliance with the Electoral Act The respondents claimed that they have led cogent credible and reliable evidence to show that they won the governorship election held on March 9 in Delta They submitted that the appellants on the other hand failed to prove how their claims of over voting and non compliance substantially affected the results of the election In adopting his brief of arguments PDP s lawyer Kehinde SAN faulted the claim of the appellants which they said was based on the smart card reader report Regardless of the fact that the total number of accredited voters recorded on the smart card reader report is less than the total number of votes cast on the election day the appellants have failed to prove their allegations of over voting The reliance of the appellants on the smart card reader report is fatal to their case and this Honourable Court is humbly urged to so hold and resolve this issue in favour of the 2nd respondent Kehinde submitted In addition the senior lawyer argued that appellants case at the tribunal was one of over voting and noncompliance with the provisions of the Electoral Act on accreditation PDP further claimed that appellants failed to prove their allegations of over voting and noncompliance with the Electoral Act polling unit by polling unit The appellants failed to prove that the allegations of over voting and non compliance with the Electoral Act substantially affected the result of the election In an attempt to prove their case the appellants called a total of twenty 20 witnesses and tendered a total of 4 523 documents in evidence during the trial In defence of the petition the 1st respondent called seven witnesses and tendered 94 Exhibits while the 2nd respondent called three witnesses and tendered six Exhibits The 3rd respondent did not call any witness but tendered two Exhibits But the tribunal in a unanimous judgment dismissed the petition for being incompetent and lacking in merit According to the panel the petitioners failed to prove any of the grounds upon which the petition was brought against Governor Okowa NAN NEO SH edited by Sadiya Hamza
    Delta guber: Appeal Court reserves judgment in Ogboru’ suit
      The Court of Appeal sitting in Abuja on Monday reserved judgment in the appeal filed by the All Progressives Congress APC and its candidate Great Ogboru against the election of Ifeanyi Okowa as Governor of Delta A five member panel of the appellate court led by Justice Uzo Ndukwe Anyanwu reserved judgment to a date that would be communicated to parties shortly after all counsel adopted and argued their brief of argument in the appeal Respondents in the appeal are Governor Ifeanyi Okowa Peoples Democratic Party PDP and Independent National Electoral Commission INEC Ogboru and his party APC are seeking to upturn the decision of the Delta State Governorship Election Petition Tribunal which returned Okowa for a second term as governor of Delta State INEC had declared Okowa and PDP winner of the March 9 governorship election in Delta State haven garnered majority of the lawful votes cast in the election But the appellants in a 37 grounds of appeal filed by their counsel Nicholson Ichekor asked the Court of Appeal to set aside the entire judgment of the tribunal on the grounds that the tribunal erred in law when it dismissed their appeal for lacking in merit The three man panel of the governorship election panel led by Justice Suleiman Belgore had in September dismissed Ogboru and APC s petition against the return of Governor Okowa on grounds that the petitioners failed to prove the cases of irregularities and malpractices claimed in their petition However in the appeal against the the decision of the tribunal Ogboru and APC argued that the lower court erred in law when it relied on the issue of over voting instead of allocation of votes as canvassed in their petition to dismiss their petition The appellants in urging the court to nullify okowa s election claimed that in some polling units the total number of votes cast at the election exceeded the total number of voters who were accredited to vote adding that there was non compliance with the provisions of the Electoral Act in relation to accreditation of voters However in response to the appeal Okowa and the PDP urged the Court of Appeal to dismiss Ogboru and APC s appeal for being incompetent and unmeritorious In their brief of argument by Mr Damien Dodo SAN and Mr Akinlolu Kehinde SAN for Okowa and PDP respectively the respondents submitted that the appellants failed to prove their allegations of over voting and non compliance with the Electoral Act The respondents claimed that they have led cogent credible and reliable evidence to show that they won the governorship election held on March 9 in Delta They submitted that the appellants on the other hand failed to prove how their claims of over voting and non compliance substantially affected the results of the election In adopting his brief of arguments PDP s lawyer Kehinde SAN faulted the claim of the appellants which they said was based on the smart card reader report Regardless of the fact that the total number of accredited voters recorded on the smart card reader report is less than the total number of votes cast on the election day the appellants have failed to prove their allegations of over voting The reliance of the appellants on the smart card reader report is fatal to their case and this Honourable Court is humbly urged to so hold and resolve this issue in favour of the 2nd respondent Kehinde submitted In addition the senior lawyer argued that appellants case at the tribunal was one of over voting and noncompliance with the provisions of the Electoral Act on accreditation PDP further claimed that appellants failed to prove their allegations of over voting and noncompliance with the Electoral Act polling unit by polling unit The appellants failed to prove that the allegations of over voting and non compliance with the Electoral Act substantially affected the result of the election In an attempt to prove their case the appellants called a total of twenty 20 witnesses and tendered a total of 4 523 documents in evidence during the trial In defence of the petition the 1st respondent called seven witnesses and tendered 94 Exhibits while the 2nd respondent called three witnesses and tendered six Exhibits The 3rd respondent did not call any witness but tendered two Exhibits But the tribunal in a unanimous judgment dismissed the petition for being incompetent and lacking in merit According to the panel the petitioners failed to prove any of the grounds upon which the petition was brought against Governor Okowa NAN NEO SH edited by Sadiya Hamza
    Delta guber: Appeal Court reserves judgment in Ogboru’ suit
    Judiciary3 years ago

    Delta guber: Appeal Court reserves judgment in Ogboru’ suit

    The Court of Appeal sitting in Abuja on Monday reserved judgment in the appeal filed by the All Progressives Congress (APC) and its candidate Great Ogboru against the election of Ifeanyi Okowa as Governor of Delta.

    A five-member panel of the appellate court led by Justice Uzo Ndukwe-Anyanwu, reserved judgment to a date that would be communicated to parties shortly after all counsel adopted and argued their brief of argument in the appeal.

    Respondents in the appeal are Governor Ifeanyi Okowa, Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC).

    Ogboru and his party, APC are seeking to upturn the decision of the Delta State Governorship Election Petition Tribunal which returned Okowa for a second term as governor of Delta State.

    INEC had declared Okowa and PDP winner of the March 9 governorship election in Delta State, haven garnered majority of the lawful votes cast in the election.

    But the appellants in a 37 grounds of appeal filed by their counsel, Nicholson Ichekor, asked the Court of Appeal to set aside the entire judgment of the tribunal on the grounds that the tribunal erred in law when it dismissed their appeal for lacking in merit.

    The three man panel of the governorship election panel led by Justice Suleiman Belgore, had in September dismissed Ogboru and APC’s petition against the return of Governor Okowa on grounds that the petitioners failed to prove the cases of irregularities and malpractices claimed in their petition.

    However in the appeal against the the decision of the tribunal, Ogboru and APC argued that the lower court erred in law when it relied on the issue of over voting instead of allocation of votes as canvassed in their petition to dismiss their petition.

    The appellants in urging the court to nullify okowa’s election claimed that in some polling units, the total number of votes cast at the election exceeded the total number of voters who were accredited to vote, adding that there was non-compliance with the provisions of the Electoral Act in relation to accreditation of voters.

    However, in response to the appeal, Okowa and the PDP urged the Court of Appeal to dismiss Ogboru and APC’s appeal for being incompetent and unmeritorious.

    In their brief of argument by Mr Damien Dodo ,SAN and Mr Akinlolu Kehinde , SAN for Okowa and PDP respectively, the respondents submitted that the appellants failed to prove their allegations of over voting and non compliance with the Electoral Act.

    The respondents claimed that they have led cogent, credible and reliable evidence to show that they won the governorship election held on March 9 in Delta.

    They submitted that the appellants on the other hand failed to prove how their claims of over voting and non compliance substantially affected the results of the election.

    In adopting his brief of arguments, PDP’s lawyer, Kehinde SAN, faulted the claim of the appellants which they said was based on the smart card reader report.

    “Regardless of the fact that the total number of accredited voters recorded on the smart card reader report is less than the total number of votes cast on the election day, the appellants have failed to prove their allegations of over-voting.

    “The reliance of the appellants on the smart card reader report is fatal to their case and this Honourable Court is humbly urged to so hold and resolve this issue in favour of the 2nd respondent” Kehinde submitted.

    In addition, the senior lawyer argued that appellants’ case at the tribunal was one of over-voting and noncompliance with the provisions of the Electoral Act on accreditation.

    PDP further claimed that appellants failed to prove their allegations of over-voting and noncompliance with the Electoral Act polling unit by polling unit.

    “The appellants failed to prove that the allegations of over-voting and non-compliance with the Electoral Act substantially affected the result of the election”.

    In an attempt to prove their case, the appellants called a total of twenty (20) witnesses and tendered a total of 4, 523 documents in evidence during the trial.

    In defence of the petition, the 1st respondent called seven witnesses and tendered 94 Exhibits, while the 2nd respondent called three witnesses and tendered six Exhibits.

    The 3rd respondent did not call any witness, but tendered two Exhibits.

    But the tribunal in a unanimous judgment, dismissed the petition for being incompetent and lacking in merit.

    According to the panel, the petitioners failed to prove any of the grounds upon which the petition was brought against Governor Okowa. (NAN )

    NEO/SH

    edited by Sadiya Hamza

  •   The Court of Appeal sitting in Abuja on Monday reserved judgment in three separate appeals challenging the victory of Emeka Ihedioha in the March 9 governorship election in Imo State The five member panel presided over by Justice Oyebisi Omoleye announced that judgment in the three appeals would be delivered on a date to be communicated to parties after parties in the various appeals adopted their written addresses as brief of argument in the appeals The appeals were filed against the judgment of the Imo Governorship Election Petition Tribunal which upheld the election of Ihedioha It includes that of the All Progressive Grand Alliance APGA and his governorship candidate Senator Ifeanyi Ararume Action Alliance AA and his governorship candidate Uche Nwosu and that of the All Progressive Congress APC and its governorship candidate Sen Hope Uzodinma The appellants are asking the appellate court to void the election of Ihedioha on grounds that he did not obtain the constitutional one quarter of the votes in at least two thirds of the 27 local government areas of the state in line with Section 179 of the Constitution In their various submissions by their counsel the appellants are asking the court to set aside the decision of the tribunal and declare them winner of the March 9 governorship election Also in the alternative order the Independent National Electoral Commission INEC to conduct a fresh election into the office of Governor of Imo State The three member panel of the tribunal had in a unanimous decison delivered on Sept 21 held that Ihedioha was lawfully declared winner of the governorship election by INEC The panel chaired by Justice Malami Dongondaji had in the judgment dismissed Ararume Nwosu and Uzodinma s petitions for lacking in merit on the grounds that they failed to prove allegations made in their petitions They claimed that Ihedioha did not obtain the constitutional one quarter of the votes in at least two thirds of the 27 local government areas of the state in line with the provisions of the law The petitioners also alleged substantially of non compliance with the Electoral Act and Guidelines including other irregularities The tribunal in its judgment held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay The tribunal in addition rejected documents tendered by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents In his appeal Ararume urged the appellate court to upturn the decision of the tribunal on the grounds that the lower court erred in law when it arrived at the decision that his case and that of his party lacked merit and accordingly dismissed it The appeal which was predicated on 22 grounds was argued by his lead lawyer Mr Awa Kalu SAN while that of Nwosu and AA was argued by Mr Niyi Akintola SAN and that of Uzodinma and APC was argued by Mr Damian Dodo SAN They all urged the panel to allow the appeal and grant all the reliefs sought by the appellants However lead counsel to Emeka Ihedioha and Peoples Democratic Party Dr Onyechi Ikpeazu SAN and Mr K C O Njemanze SAN respectively urged the court to dismiss the appeals for being incompetent and lacking in merit The respondents submitted that the appeal of the AA and Nwosu in particular constitute a waste of the precious time They argued that the Supreme Court in a judgment delivered on October 22 had already struck out the name of Uche Nwosu as candidate of the AA in the March 9 governorship election in Imo State The respondents also claimed that the appeal of Nwosu lacked merit going by a recent judgment of the Court of Appeal which nullified the candidacy of Nwosu in the governorship election Justice Omoyele after taken submissions of counsel in the matter announced that judgment will be delivered in a date that will be communicated to parties NAN NEO SH edited by Sadiya Hamza
    Court reserves judgment in appeal against Ihedioha’s election
      The Court of Appeal sitting in Abuja on Monday reserved judgment in three separate appeals challenging the victory of Emeka Ihedioha in the March 9 governorship election in Imo State The five member panel presided over by Justice Oyebisi Omoleye announced that judgment in the three appeals would be delivered on a date to be communicated to parties after parties in the various appeals adopted their written addresses as brief of argument in the appeals The appeals were filed against the judgment of the Imo Governorship Election Petition Tribunal which upheld the election of Ihedioha It includes that of the All Progressive Grand Alliance APGA and his governorship candidate Senator Ifeanyi Ararume Action Alliance AA and his governorship candidate Uche Nwosu and that of the All Progressive Congress APC and its governorship candidate Sen Hope Uzodinma The appellants are asking the appellate court to void the election of Ihedioha on grounds that he did not obtain the constitutional one quarter of the votes in at least two thirds of the 27 local government areas of the state in line with Section 179 of the Constitution In their various submissions by their counsel the appellants are asking the court to set aside the decision of the tribunal and declare them winner of the March 9 governorship election Also in the alternative order the Independent National Electoral Commission INEC to conduct a fresh election into the office of Governor of Imo State The three member panel of the tribunal had in a unanimous decison delivered on Sept 21 held that Ihedioha was lawfully declared winner of the governorship election by INEC The panel chaired by Justice Malami Dongondaji had in the judgment dismissed Ararume Nwosu and Uzodinma s petitions for lacking in merit on the grounds that they failed to prove allegations made in their petitions They claimed that Ihedioha did not obtain the constitutional one quarter of the votes in at least two thirds of the 27 local government areas of the state in line with the provisions of the law The petitioners also alleged substantially of non compliance with the Electoral Act and Guidelines including other irregularities The tribunal in its judgment held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay The tribunal in addition rejected documents tendered by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents In his appeal Ararume urged the appellate court to upturn the decision of the tribunal on the grounds that the lower court erred in law when it arrived at the decision that his case and that of his party lacked merit and accordingly dismissed it The appeal which was predicated on 22 grounds was argued by his lead lawyer Mr Awa Kalu SAN while that of Nwosu and AA was argued by Mr Niyi Akintola SAN and that of Uzodinma and APC was argued by Mr Damian Dodo SAN They all urged the panel to allow the appeal and grant all the reliefs sought by the appellants However lead counsel to Emeka Ihedioha and Peoples Democratic Party Dr Onyechi Ikpeazu SAN and Mr K C O Njemanze SAN respectively urged the court to dismiss the appeals for being incompetent and lacking in merit The respondents submitted that the appeal of the AA and Nwosu in particular constitute a waste of the precious time They argued that the Supreme Court in a judgment delivered on October 22 had already struck out the name of Uche Nwosu as candidate of the AA in the March 9 governorship election in Imo State The respondents also claimed that the appeal of Nwosu lacked merit going by a recent judgment of the Court of Appeal which nullified the candidacy of Nwosu in the governorship election Justice Omoyele after taken submissions of counsel in the matter announced that judgment will be delivered in a date that will be communicated to parties NAN NEO SH edited by Sadiya Hamza
    Court reserves judgment in appeal against Ihedioha’s election
    Judiciary3 years ago

    Court reserves judgment in appeal against Ihedioha’s election

    The Court of Appeal sitting in Abuja on Monday reserved judgment in three separate appeals challenging the victory of Emeka Ihedioha in the March 9 governorship election in Imo State.

    The five member panel presided over by Justice Oyebisi Omoleye, announced that judgment in the three appeals would be delivered on a date to be communicated to parties, after parties in the various appeals adopted their written addresses as brief of argument in the appeals.

    The appeals were filed against the judgment of the Imo Governorship Election Petition Tribunal, which upheld the election of Ihedioha.

    It includes that of the All Progressive Grand Alliance (APGA) and his governorship candidate, Senator Ifeanyi Ararume; Action Alliance (AA) and his governorship candidate, Uche Nwosu and that of the All Progressive Congress (APC) and its governorship candidate, Sen. Hope Uzodinma.

    The appellants are asking the appellate court to void the election of Ihedioha on grounds that he did not obtain the constitutional one quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with Section 179 of the Constitution.

    In their various submissions by their counsel, the appellants are asking the court to set aside the decision of the tribunal and declare them winner of the March 9 governorship election.

    Also in the alternative order the Independent National Electoral Commission (INEC) to conduct a fresh election into the office of Governor of Imo State.

    The three-member panel of the tribunal had in a unanimous decison delivered on Sept. 21, held that Ihedioha was lawfully declared winner of the governorship election by INEC.

    The panel chaired by Justice Malami Dongondaji, had in the judgment dismissed Ararume, Nwosu and Uzodinma’s petitions for lacking in merit on the grounds that they failed to prove allegations made in their petitions.

    They claimed that Ihedioha did not obtain the constitutional one quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with the provisions of the law.

    The petitioners also alleged substantially of non compliance with the Electoral Act and Guidelines, including other irregularities.

    The tribunal in its judgment held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay.

    The tribunal in addition rejected documents tendered by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents.

    In his appeal, Ararume urged the appellate court to upturn the decision of the tribunal on the grounds that the lower court erred in law when it arrived at the decision that his case and that of his party lacked merit and accordingly dismissed it.

    The appeal which was predicated on 22 grounds was argued by his lead lawyer, Mr Awa Kalu, SAN, while that of Nwosu and AA, was argued by Mr Niyi Akintola SAN, and that of Uzodinma and APC, was argued by Mr Damian Dodo ,SAN.

    They all urged the panel to allow the appeal and grant all the reliefs sought by the appellants.

    However, lead counsel to Emeka Ihedioha and Peoples Democratic Party, Dr Onyechi Ikpeazu , SAN and Mr K.C.O. Njemanze ,SAN respectively urged the court to dismiss the appeals for being incompetent and lacking in merit.

    The respondents submitted that the appeal of the AA and Nwosu in particular constitute a waste of the precious time.

    They argued that the Supreme Court in a judgment delivered on October 22, had already struck out the name of Uche Nwosu as candidate of the AA in the March 9 governorship election in Imo State.

    The respondents also claimed that the appeal of Nwosu lacked merit going by a recent judgment of the Court of Appeal which nullified the candidacy of Nwosu in the governorship election.

    Justice Omoyele after taken submissions of counsel in the matter announced that judgment will be delivered in a date that will be communicated to parties. (NAN )

    NEO/SH

    edited by Sadiya Hamza

  •   Gov Seyi Makinde of Oyo State has said that the mandate given to him by the people of the state on March 9 2019 remains intact following the judgment delivered by the Court of Appeal in Ibadan on Monday Makinde in a statement issued by his Chief Press Secretary Mr Taiwo Adisa declared that the mandate could not be taken away from him through the backdoor The statement read There is no ambiguity as to the state of things in our pacesetter state as far as the election of March 9 2019 is concerned Our party the Peoples Democratic Party PDP won the election The victory was reaffirmed by the judgment of the Election Petitions Tribunal sitting in Ibadan On Monday the Court of Appeal also sitting in Ibadan delivered its judgment on the appeal by the candidate of the All Progressives Congress APC Adebayo Adelabu In its judgment the Appeal Court refused to grant any of the three key reliefs sought by the APC candidate The court refused to nullify the election it also refused to order a fresh election or the retrial of the petition With the above being the reality of the outcome of the Appeal Court judgment the election of Seyi Makinde as the Governor of Oyo State has just been reaffirmed There is nothing in the Appeal Court s judgment that affects the returns made by the Independent National Electoral Commission INEC and there is nothing that tampers with the mandate freely given to Seyi Makinde by the people of Oyo State Gov Makinde hereby urges the good people of the state to remain calm and refuse to be provoked by agents of disruption who are seeking to upturn the truth which remains constant against all odds We also wish to enjoin the people of Oyo state to ignore the doctored reports in some media outlets which are merely quoting the judgment of the Court of Appeal out of context the statement read Makinde further assured the people of the state that he would not be deterred from taking the state to greater heights through the implementation of his four point agenda The governor assured that positive governance and unprecedented development would continue to be the portion of the people of the state throughout his tenure Edited by Wale Sadeeq
    Appeal Court judgment: Oyo people’s mandate remains intact – Makinde
      Gov Seyi Makinde of Oyo State has said that the mandate given to him by the people of the state on March 9 2019 remains intact following the judgment delivered by the Court of Appeal in Ibadan on Monday Makinde in a statement issued by his Chief Press Secretary Mr Taiwo Adisa declared that the mandate could not be taken away from him through the backdoor The statement read There is no ambiguity as to the state of things in our pacesetter state as far as the election of March 9 2019 is concerned Our party the Peoples Democratic Party PDP won the election The victory was reaffirmed by the judgment of the Election Petitions Tribunal sitting in Ibadan On Monday the Court of Appeal also sitting in Ibadan delivered its judgment on the appeal by the candidate of the All Progressives Congress APC Adebayo Adelabu In its judgment the Appeal Court refused to grant any of the three key reliefs sought by the APC candidate The court refused to nullify the election it also refused to order a fresh election or the retrial of the petition With the above being the reality of the outcome of the Appeal Court judgment the election of Seyi Makinde as the Governor of Oyo State has just been reaffirmed There is nothing in the Appeal Court s judgment that affects the returns made by the Independent National Electoral Commission INEC and there is nothing that tampers with the mandate freely given to Seyi Makinde by the people of Oyo State Gov Makinde hereby urges the good people of the state to remain calm and refuse to be provoked by agents of disruption who are seeking to upturn the truth which remains constant against all odds We also wish to enjoin the people of Oyo state to ignore the doctored reports in some media outlets which are merely quoting the judgment of the Court of Appeal out of context the statement read Makinde further assured the people of the state that he would not be deterred from taking the state to greater heights through the implementation of his four point agenda The governor assured that positive governance and unprecedented development would continue to be the portion of the people of the state throughout his tenure Edited by Wale Sadeeq
    Appeal Court judgment: Oyo people’s mandate remains intact – Makinde
    General news3 years ago

    Appeal Court judgment: Oyo people’s mandate remains intact – Makinde

    Gov. Seyi Makinde of Oyo State has said  that the mandate given to him by the people of the state on March 9, 2019 remains intact, following the judgment delivered by the Court of Appeal, in Ibadan on Monday.

    Makinde, in a statement issued by his Chief Press Secretary, Mr Taiwo Adisa, declared that the mandate could not be taken away from him through the backdoor.

    The statement read: “There is no ambiguity as to the state of things in our pacesetter state as far as the election of March 9, 2019 is concerned.

    “Our party, the Peoples Democratic Party (PDP), won the election. The victory was reaffirmed by the judgment of the Election Petitions Tribunal, sitting in Ibadan.

    “On Monday, the Court of Appeal, also sitting in Ibadan, delivered its judgment on the appeal by the candidate of the All Progressives Congress (APC), Adebayo Adelabu.

    “In its judgment, the Appeal Court refused to grant any of the three key reliefs sought by the APC candidate.

    “The court refused to nullify the election; it also refused to order a fresh election or the retrial of the petition.

    “With the above being the reality of the outcome of the Appeal Court judgment, the election of Seyi Makinde as the Governor of Oyo State has just been reaffirmed.

    “There is nothing in the Appeal Court’s judgment that affects the returns made by the Independent National Electoral Commission (INEC) and there is nothing that tampers with the mandate freely given to Seyi Makinde by the people of Oyo State.

    “Gov. Makinde hereby urges the good people of the state to remain calm and refuse to be provoked by agents of disruption who are seeking to upturn the truth, which remains constant, against all odds.

    “We also wish to enjoin the people of Oyo state to ignore the doctored reports in some media outlets, which are merely quoting the judgment of the Court of Appeal out of context,” the statement read.

    Makinde further assured the people of the state that he would not be deterred from taking the state to greater heights through the implementation of his four-point agenda.

    The governor assured that positive governance and unprecedented development would continue to be the portion of the people of the state throughout his tenure.

    Edited by ‘Wale Sadeeq

     

  •   The Court of Appeal sitting in Kaduna on Monday reserved judgment for Nov 7 on the appeal by Alhaji Isah Ashiru the Peoples Democratic Party PDP governorship candidate in the March 9 2019 election Ashiru and his party PDP had approached the Appeal Court to challenge the verdict of the Kaduna State Governorship Tribunal that upheld the return of Gov Nasiru El Rufai candidate of the All Progressive Congress APC as duly elected by majority and lawful votes The Justice Ibrahim Bako led Tribunal had dismissed the petition of the Peoples Democratic Party and it s candidate for lacking in merit The petitioners had presented 135 witnesses with various documents to buttress their allegations of malpractices including ballot box stuffing snatching of election materials and interruption of the process by thugs However both the Appellant and three respondents adopted their respective briefs when the case came up for hearing before the five member panel of the Court of Appeal led by Justice U I Anywu on Monday Nov 4 in Kaduna The counsel to the three respondents the Independent National Electoral Commission INEC Dr Nasiru Aliyu that of Gov Nasiru El Rufai Abdulhakeem Mustapha SAN and that of the APC Ibrahim K Bawa SAN all asked the Appeal court to dismiss Ashiru s appeal for lacking merit The respondents asked the Appeal court to uphold El Rufa s victory as declared by the Tribunal However Counsel to Ashiru and the PDP Wole Olanipekun SAN after adoption of his briefs declined further comment on the case until judgment was delivered on Thursday The Nigeria News Agency reports that Justices H A O Abiru T Y Hassan B M Ugo and B B Aliyu are members in the Justice Anyawu led Appeal panel SA AOS Edited by Bayo Sekoni
    Elecion: Court reserves judgment on appeal of Kaduna PDP governorship candidate to Nov. 7
      The Court of Appeal sitting in Kaduna on Monday reserved judgment for Nov 7 on the appeal by Alhaji Isah Ashiru the Peoples Democratic Party PDP governorship candidate in the March 9 2019 election Ashiru and his party PDP had approached the Appeal Court to challenge the verdict of the Kaduna State Governorship Tribunal that upheld the return of Gov Nasiru El Rufai candidate of the All Progressive Congress APC as duly elected by majority and lawful votes The Justice Ibrahim Bako led Tribunal had dismissed the petition of the Peoples Democratic Party and it s candidate for lacking in merit The petitioners had presented 135 witnesses with various documents to buttress their allegations of malpractices including ballot box stuffing snatching of election materials and interruption of the process by thugs However both the Appellant and three respondents adopted their respective briefs when the case came up for hearing before the five member panel of the Court of Appeal led by Justice U I Anywu on Monday Nov 4 in Kaduna The counsel to the three respondents the Independent National Electoral Commission INEC Dr Nasiru Aliyu that of Gov Nasiru El Rufai Abdulhakeem Mustapha SAN and that of the APC Ibrahim K Bawa SAN all asked the Appeal court to dismiss Ashiru s appeal for lacking merit The respondents asked the Appeal court to uphold El Rufa s victory as declared by the Tribunal However Counsel to Ashiru and the PDP Wole Olanipekun SAN after adoption of his briefs declined further comment on the case until judgment was delivered on Thursday The Nigeria News Agency reports that Justices H A O Abiru T Y Hassan B M Ugo and B B Aliyu are members in the Justice Anyawu led Appeal panel SA AOS Edited by Bayo Sekoni
    Elecion: Court reserves judgment on appeal of Kaduna PDP governorship candidate to Nov. 7
    Judiciary3 years ago

    Elecion: Court reserves judgment on appeal of Kaduna PDP governorship candidate to Nov. 7

    The Court of Appeal sitting in Kaduna, on Monday, reserved judgment for Nov. 7, on the appeal by Alhaji Isah Ashiru, the Peoples Democratic Party (PDP) governorship candidate in the March 9, 2019 election.

    Ashiru and his party, PDP, had approached the Appeal Court to challenge the verdict of the Kaduna State Governorship Tribunal that upheld the return of Gov. Nasiru El-Rufai, candidate of the All Progressive Congress (APC) as duly elected by majority and lawful votes.

    The Justice Ibrahim Bako-led Tribunal had dismissed the petition of the Peoples Democratic Party and it’s candidate for lacking in merit.

    The petitioners had presented 135 witnesses with various documents to buttress their allegations of malpractices, including ballot box stuffing, snatching of election materials and interruption of the process by thugs.

    However, both the Appellant and three respondents adopted their respective briefs when the case came up for hearing before the five-member panel of the Court of Appeal led by Justice U.I Anywu on Monday, Nov. 4 in Kaduna.

    The counsel to the three respondents, the Independent National Electoral Commission (INEC), Dr. Nasiru Aliyu; that of Gov. Nasiru El-Rufai, Abdulhakeem Mustapha (SAN) and that of the APC, Ibrahim K. Bawa, (SAN) all asked the Appeal court to dismiss Ashiru’s appeal for lacking merit.

    The respondents asked the Appeal court to uphold El-Rufa’s victory, as declared by the Tribunal.

    However, Counsel to Ashiru and the PDP, Wole Olanipekun (SAN) after adoption of his briefs, declined further comment on the case until judgment was delivered on Thursday.

    The Nigeria News Agency reports that Justices H.A.O. Abiru, T.Y. Hassan, B.M. Ugo and B.B. Aliyu are members in the Justice Anyawu-led Appeal panel.

    SA/AOS

    Edited by Bayo Sekoni