Sen. Ita Enang, on Tuesday, prayed a Federal High Court, (FHC), Abuja to commit Mr Akanimo Udofia to prison over allegations bordering on perjury.

Enang, who contested in the May 26 All Progressives Congress (APC)’s governorship primary in Akwa Ibom, made the application while presenting his argument before Justice Emeka Nwite.
He told Justice Nwite that Udofia, who also contested in the poll, lied to court for filing an affidavit of non-multiplicity of action despite a similar suit before a FHC Uyo.
He said for lying on oath in contravention of the FHC practice direction, Udofia should be committed to prison.
“I want my lord to take note of perjury that was committed by the 2nd plaintiff (Udofia) in this matter.
“I urge you to commit Udofia to prison for perjury, for claiming that there was no other matter filed in respect of this matter,” he said.
The News Agency of Nigeria (NAN) reports that a FHC sitting in Uyo had, on Nov. 14, nullified the nomination of Mr Udofia as the governorship candidate of the APC in Akwa Ibom.
The judge, Agatha Okeke, in the suit instituted by Enang, ordered the APC to conduct a fresh governorship primary within two weeks but barred Udofia from participating in the new primary.
But Udofia had filed an appeal marked: CS/C/370/2022 to challenge the FHC judgment.
Enang, who was former Special Adviser to the President on Niger Delta, also prayed Justice Nwite to dismiss the suit for lack of diligent prosecution.
The development followed an application for extension of time field by Umeh Kalu, SAN, who appeared for Udofia on Tuesday.
NAN reports that the APC and Udofia had sued the Independent National Electoral Commission (INEC) as the sole defendant in the matter before Nwite.
Udofia, a factional governorship candidate of the APC, had sought an order compelling INEC to accept his name as governorship candidate for Akwa Ibom 2023 poll.
He also asked for an order directing the commission to publish his name as forwarded by the party to it.
The court after listening to parties in the suit had fixed Oct 6, 2022 for judgment.
But the appearance of Enang in court forced the judge to halt the delivery of the judgment.
The ex-lawmaker drew the attention of the court to his presence as a party seeking to be joined in the matter and the court granted his prayer in a motion he brought for joinder on Dec. 6, 2022.
NAN also reports that Justice Nwite had, on Dec. 21, 2022, fixed today (Jan. 10) for definite hearing of the suit, after Kalu failed to respond to Enang’s counter affidavit.
The senior lawyer had sought an adjournment to enable him to file and serve Enang with his process.
The judge had ordered all parties in the suit, including the INEC, to file their processes before the next adjourned date fixed for hearing.
But upon resumed hearing on Tuesday, Kalu informed the court that he had not filed any application because an Abuja Court of Appeal, on Dec. 24, 2022, reserved judgment in a similar case pending before it.
He, therefore, said that a motion for an extension of time to await the decision of the superior court, which might affect the decision of the lower court, had been filed.
He prayed the court to adjourned the matter until Jan. 20 when the appeal would have been decided.
Kalu argued that no party would suffer any loss if the matter was adjourned.
“I urge you to take the condition of King Solomon and the two harlots in the Bible,” he said.
Besides, he said based on the rule of the court, the judge had the power to adjourn any matter in the interest of justice.
Kalu said he was ready to pay a cost for the adjournment.
Lawyer to INEC, Wendy Kuku, also corroborated Kalu’s submission on adjournment.
However, Enang vehemently opposed an application for adjournment, urging the court to dismiss the suit.
The ex-presidential aide, who argued that the appeal did not arise from the suit before Nwite, said a call for an adjournment was a tactic to delay the suit, citing Order 32 (1) of the FHC Rules, 2019, to counter any request for stay of execution.
He said contrary to Kalu’s submission that no one would suffer any injustice, Enang said: “My lord, we have suffered untold and irreparable injustice from the hand of the plaintiff in this matter.”
He said he had been a member of APC since 2014 while Udofia had been a member of Peoples Democratic Party (PDP) all through.
He said Udofia, who resigned from PDP on May 1, 2022, and joined APC on May 5, 2022, when the party’s register had already closed on April 14, 2022, and submitted to INEC, contested in APC primary held on May 26 against the provisions of the law.
He said this was even when Udofia contested in the PDP governirship primaries held on May 25.
He said as a result of Udofia’s act, APC, currently, had no governorship candidate in Akwa Ibom while PDP had.
“I cannot campaign and he (Udofia) cannot campaign either, whereas his party, PDP, is campaigning.
“So it is the 2nd plaintiff that is saying that the baby should be slaughtered because he is going back to his party, PDP.
“This is so because he (Udofia) is not a candidate by the orders of this honourable court delivered in Uyo division,” he said.
Enang said he was the beneficiary of the FHC judgment delivered in Uyo which Udofia sought to frustrate.
Citing Order 19, Rule 14.of the FHC Practice Direction, and Order 6, Rule 4, he argued that the plaintiffs had failed to diligently prosecute the case, hence, the matter should be dismissed.
According to him, no amount of damages will assuage where APC has no candidate in the state for the election and no damages will assuage me if I did not stand as candidate in the election.
“I have also make an application that Udofia be sent to prison for perjury; for swearing to an affidavit of non-multiplicity of action,” he said
Justice Nwite, after listening to parties, adjourned the matter until Wednesday for ruling.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

By Taiye Agbaje

A Federal High Court (FHC), Abuja, on Tuesday, awarded a N1 million fine against Mr Kenneth Udeze for parading himself as national chairman of the Action Alliance (AA).
Justice Binta Nyako, in a ruling, ordered that Udeze and his lawyer, S.C. Uchendu, should jointly pay the fine for abuse of court process.
The News Agency of Nigeria (NAN) reports that Udeze and Vernimbe James had, in a motion on notice marked: FHC/ABJ/ CS/1871/2022, had prayed to be joined in a suit filed by AA against the Independent National Electoral Commission (INEC).
In the motion dated and filed on Nov. 28, 2022, the duo, through their lawyer, sought an order joining them as co-respondent in the suit
While Udeze claimed to be the party’s national chairman, James said he was the national secretary.
The prayed the court for an order directing the applicant (AA) to serve on them all the processes in the suit.
They argued that they were necessary and interested parties to the matter.
According to them, these parties seeking to be joined are the subsisting and court affirmed national chairman and national secretary of Action Alliance respectively.
In a 12-ground of argument given, they argued that the suit cannot be completely and effectively determined without joining them, among others.
But counsel to the AA, Oba Maduabuchi, SAN, opposed the application for joinder.
He said the only reason a party could be joined in a matter was when the decision of the court would affect such party.
“But where a matter will not affect him, it is not necessary.
“In this case, applicant (Udeze) is claiming that he is a national chairman but three different courts have told them that he is not a chairman.
“Exhibit A is a judgment of Court of Appeal which was decided on Jan. 7, 2022,” he said.
Citing the judgment, he said the court held that it remained “incontrovertible that the suspension of Udeze and his expulsion from membership of AA has not been lifted by appropriate authority or any order of the court.”
He stressed that his suspension and expulsion is extant.
Maduabuchi said Udeze’s expulsion was also confirmed by a FHC judgment in Exhibit B.
Refering to paragraphs 15 and 16 of the exhibit, he said the lower court relied on EXhibit A in its decision.
He said the judge said, “by virtue of stare decisis, I found that this application is time wasting and vexatious.”
The senior lawyer said when the judgement was also appealed, the Court of Appeal held that the case was already spent, having failed to controvert his suspension and subsequent expulsion.
Besides, he said Justice Zainab Abubakar of a FHC, Abuja also gave a judgment, in a similar suit, that Udeze lacked a locus standi to file such application, describing him as a meddlesome interloper.
“My lord, the Court of Appeal in another decision in Ibadan on Nov. 11 said that Udeze is not a national chairman,” he said.
Maduabuchi urged the court to dismiss Udeze’s request for joinder.
In her ruling, Justice Nyako held that an Appeal Court and three other judges had said that Udeze was not a member of AA, having been suspended and eventually dismissed from the party.
The judge, who held that Udeze now engaged in forum shopping, described the act as “an abuse of court process.”
She, consequently, ordered Udeze and his lawyer, Uchendu, to pay the fine of N1 million naira and adjourned the matter until Jan. 16 for hearing.
NAN reports that AA had sued INEC as sole respondent in the suit.
The party is praying the court to compel the electoral umpire to upload all the names of the governorship and state assembly candidates sent to it by the leadership of Dr Adekunle Omo-Aje.
The party had also sued INEC in a similar suit before Justice Zainab Abubakar where the court ordered the electoral umpire to accept and publish the names of the presidential and national assembly candidates sent to it by the Omo-Aje-led leadership of the party.
NAN reports that at a national congress held by AA in Abuja, Mr Solomon-David Okanigbuan emerged the party’s presidential candidate, among others.
But retired Maj. Hamza Al-Mustapha, the former aide to late Gen. Sani Abacha, also won the presidential primary election conducted by the Udeze-led faction on June 9 in Abuja.
The electoral umpire had recognised all the candidates presented to it by the Udeze-led faction.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

By Ebere Agozie

The Minister of Justice, Abubakar Malami, SAN, has called for collaboration between States and the Federal Government in terms of prosecution and other means of combatting insecurity.

Malami made the call in his opening remarks at the conference of Attorneys-General in Nigeria on Tuesday in Abuja.

“The fight against insecurity should not be left to the Federal Government especially for offences falling withing the jurisdiction of the States.

“The instant Conference should also afford us the opportunity to determine the milestone we have been able to cover on curbing Sexual and Gender Based Violence since our previous commitments were made in 2017.

”In our quest to implement reforms in the administration of justice, a critical determinant factor remains adequate funding for the judiciary which also entails compliance with the provisions of the Constitution on financial autonomy for the judiciary and State legislatures, as a mark of our true and holistic commitment to the ideals of democracy, good governance and the rule of law.

He noted that the conference with the theme `Enhancing Synergy Between the Federal and State Governments in the Administration of Justice in Nigeria” underpinned one of the major anchors of Nigeria’s democratic life.

“Our enviable positions as Chief Law Officers automatically confers on us the status of stakeholders in the administration of both civil and criminal justice in Nigeria.

“With this prestigious position also comes the onerous responsibility of ensuring that all institutions and officers of the state contribute their quota to ensuring that our legal system meets the expectations and desires of our citizens for the justice sector.

“In the discharge of our responsibilities as Chief Law Officers, we should always be guided by the abiding framework under the Fundamental Objectives and Directive Principles of State Policy, as enunciated under Chapter II of the 1999 Constitution (as amended), which covers every facet of governance and our national life’’.

He noted that the structure and system of governance of the Federation are not oblivious of the possibility of having genuine disputes and frictions among the federating units, national and sub-national governments.

“In spite of this, our shared values and common resources also make collaboration and mutual relationships absolutely necessary and fundamental.

“Therefore, this august body of Attorneys-General occupies a critical position in driving national unity and development.

“We need to underplay the culture of mutual mistrust between the Federal and State Governments, in order to promote and enhance a symbiotic relationship between the Federal and State Governments.

“Our agenda here is to examine some of the issues militating against the desired synergy in the administration of justice and proffer practical ways forward.

“While we presently have quite a number of such issues at different stages of judicial adjudication; it is not out of place if we jointly take a second look at these issues, with a view to achieving mutual resolution without prejudice to subsisting legal rights’’.

Malami said that synergy will sustain the brotherliness, bring professional calling to bear on governance and reduce tension or frictions.

“This will properly project the State and Federal Governments as partners and not competitors.

“I challenge us also to focus on identifying areas of peer review and synergy in our legal system in terms of legislations, policies, procedures, capacity building, funding structures or facilities, among others, which can either be replicated or improved upon by us all.

“We convened a National Summit on Justice in August 2017 to developed and adopted, as a formidable reform blueprint, after consultations with various stakeholders including the members of this Body, development partners and the Civil Society Organizations.

“The policy was designed to provide opportunities and platforms for strengthening collaboration, coordination, and consensus-building among the Justice Sector Institutions.

“The policy will enhance effective service delivery and promoting the rule of law and socio-economic development, without compromising the rights of the States; the doctrine of covering the field and the applicable boundaries of our federal system of government’’.

He solicited the support of states to key into the implementation of the National Anti-Corruption Strategy, which has now proceeded into its second phase; spanning from 2022 – 2026.

“There is no doubt that the support of the states is required for effective implementation and to increase the tempo of the war against corruption.(NAN) (www.nannews.ng)

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Edited by Sadiya Hamza