NEWS AGENCY OF NIGERIA
Judiciary

Stakeholders advocate pre-trial hearing reform for speedy justice delivery

120 total views today

 

 

By Adenike Ayodele

The Centre for Socio-Legal Studies (CSLS) on Wednesday tasked stakeholders in the justice sector to conduct pre-trial reviews in criminal cases, for speedy dispensation of justice.

The group made the call in Ikeja, at a two-day workshop for training of stakeholders on the essence of a National Minimum Standards Document for pre-trial cases.

The workshop is tagged “National Minimum Standards Document on the Implementation of the Administration of Criminal Justice Act (ACJA), 2015 and the Administration of Criminal Justice Laws of the 36 States”.

The Programme Officer of CSLS, Mr Kelvin Mejulu, while highlighting the importance of the training, said that National Minimum Standards (NMS) was aimed at promoting uniformity in Nigeria’s criminal justice system.

He said the development of NMS for the effective implementation of the Administration of Criminal Justice Act (ACJA) 2015, had helped the nation to achieve a milestone in improving its criminal justice system.

Mejulu said that NMS was developed by key stakeholders in the criminal justice sector.

He added that the NMS was designed to create a benchmark for the effective implementation of the ACJA and the criminal justice laws of all the states.

Mejulu said, “The essence of the National Minimum Standards document is to create a benchmark for the implementation of the ACJA and the ACJL of all the states.

“The document outlines the minimum standards that every state’s administration of criminal justice law should meet.

“What we are doing today is to create awareness about the National Minimum Standard document to the stakeholders here so that they can teach their subordinates when they get to their various departments.

“The NMS advocates for states to make practice directions on specific areas, such as the licensing of persons for bail bond and trial within trial.”

Mejulu added that NMS had provided a framework for evaluating the effectiveness of federal and state agencies in realising the objectives of the criminal justice system.

He, however, said though NMS documents did not have the force of law at the moment, it could be implemented through practice direction and amendment of some of the laws.

According to him, the training is simultaneously going on in six other states, Kano, Adamawa, Anambra, Edo, Plateau and Abuja.

Earlier, CSLS President, Prof Yemi George-Akinseye, in his welcome remarks, said NMS had effected a significant change for the effective implementation of ACJA in the nation’s criminal justice system.

George-Akinseye said that the NMS had been adopted by the body of attorneys-general, body of solicitors general, and permanent secretaries of the various ministries of justice across the country.

According to him, NMS is designed to consolidate the gains recorded in the implementation of the ACJA in the last few years, thereby bringing together in a single document, the most salient features of the ACJA and ACJL of states.

The president said: “NMS will be used to evaluate the effectiveness of federal and state agencies, in realising the objectives of the criminal justice system.

“Experts have hailed the NMS as a significant step towards improving the efficiency and effectiveness of the criminal justice system in Nigeria.

“We believe that the standards will help to promote accountability, transparency and fairness in the administration of justice.

“The adoption of the NMS is a clear indication of the commitment of the Nigerian government to reforming the criminal justice system and promoting the rule of law.”

While speaking, the Director of Community Service Unit, Lagos State Ministry of Justice, Mrs Tomi Bodude, said the adoption of NMS documents would enhance speedy justice system, thereby giving hope to the common man.

Bodude spoke about de novo cases which sometimes prevented justice from being served on time.

She added that if justice sector equipped itself with NMS documents, justice delay would be a thing of the past. (NAN)(www.nannews.ng)

 

Edited by Chinyere Omeire

Judiciary

Judges who embarrass judiciary should be sacked- SAN

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By Taiye Agbaje

A Professor of Law, Yemi Akinseye-George, SAN, on Friday, said any judge who embarrassed the judiciary should be sacked.

 

Akinseye-George stated this in an interview with newsmen during the closing ceremony of the 6th Annual Criminal Law Review Conference organised by the Rule of Law Development Foundation in Abuja.

 

He commended the National Judicial Council (NJC), chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, on its recent outcome of investigations on some judges in the country.

 

“The reason the judiciary is being criticised is because the judges are also humans. You cannot have a perfect judiciary in an imperfect environment. But that is not an excuse for not attempting to be perfect.

 

“The judiciary is the last hope of a common man and members of the public expect, and rightly too, that the judiciary will be above board. And that is why they keep demanding for more.

 

“It is the judiciary that can stabilise the democracy of this country because the political branches; the executive and legislature, must continue to be political. They must be partisan, they must be bias, but the judiciary must stand aloof from the executive and the legislature.

 

“They must call a spade, a spade. They must save this country from the excesses of politicians. That is why we commend the approaches of the new Chief Justice of Nigeria, Hon. Justice Kekere-Ekun.

 

“There was a panel that sat recently of the NJC that came up with specific decisions. Some judges were sacked, some cautioned and some were commended. That should happens regularly. The fact that judges are given up to 70 years of retirement does not mean that you should keep everybody there up to 70 years.

 

“Some should be told to go, if they embarrass the judiciary or embarrass the country. But of course, the whole process must be subjected to fairness, fair hearing,” he said.

 

The legal luminary said though in the past, there were such actions taken by the NJC, he said the instant decision was highly commended.

 

“What is different this time around is that they have called a spade, a spade. Those that were retired were asked to refund the money that was wrongly collected. How can a judge, who heads a judiciary and who has falsified his age, retired to go home without any punishment?

 

“NJC has done the right thing by saying, in addition to your retirement, you must refund the funds that you earned illegally through the wrong declaration of age.

 

“Those who were found not to be culpable like My Lord, Hon. Justice Lifu, were also rightly discharged and acquitted by the NJC,” he said.

 

Akinseye-George, who said constructive criticism of the judiciary is welcome, said the judiciary too must ensure that it applies the law in accordance with the laid down constitution.

 

“As long as they do that, they will be vindicated by posterity,” he said.

 

He commended Mr Joseph Daudu, SAN, the Coordinator of the Rule of Law Development Foundation, on his contribution to the development of the Nigerian jurisprudence through the annual conference.

 

He described the event as “an intellectually loaded conference that assembled an uncommon group of scholars and seasoned practitioners.”

 

Mrs Ozioma Izuora the lead presenter and a lecturer at the Faculty of Law, Baze University, Abuja, said different experiences were shared at the meeting to improve on the country’s justice system.

 

Earlier, Mr Daudu, said the Criminal Law Review Conference commenced six years ago as one of the flagship events of the foundation.

 

He said it was essentially to provide an annual forum for the review of all developments, particularly novel developments in the field of crime apprehension, crime prosecution, crime adjudication and the post adjudicatory processes and institutions of the criminal justice system.

 

The News Agency of Nigeria (NAN) reports that the five-day event was titled: “Optimising the Administration of Criminal Justice in Nigeria: How to Navigate Emerging and Systemic Challenges of Insecurity and Economic Hardship”.(NAN)(www.nannews.ng)

edited by Sadiya Hamza

Judiciary

Electronic recording of confessions mandatory, says ex-judge

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By Ebere Agozie

A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has said that electronic recording of confessional statement of suspect during criminal investigation in an audio-visual format is a mandatory obligation.

 

Omolaye-Ajileye made this known during the 2024 edition of the 6th Annual Criminal Law Review Conference (ACLRC) organised by the Rule of Law Development Foundation (RLDF) on Wednesday in Abuja.

 

He noted that such recordings would reduce the number of trial-within-trial and also reduce the duration of cases in courts.

 

“Confessional statements are crucial components of criminal trials. The confessional statement of a defendant if voluntarily made and is of great evidential value in the dispensation of criminal justice.

 

“It is regarded as the best evidence in a criminal trial which can ease the stress of trials within trial. If you have  recorded evidence and a legal practitioner is there present, then that statements should be legally admitted.”

 

He added that there is no need for studio establishment as most people have smart phones and can take evidenced record of the confessional statements.

 

Also speaking, DCP Simon Lough, SAN, Head of Nigeria Police Force Legal chamber, said Section 15 and 17 of the administration of criminal justice act ensures that evidence of confessional statements recorded are admitted without the need for trial within trial.

 

“Therefore, to reduce the long-term stress of trial within trials confessional evidence statement will make things easier.

 

“It is highly commendable and supported for every state to adopt it so as to ensure that justice is served.”

 

He urged the senior judicial officers to ensure that the provision of section 15 and section 17 are complied with.

 

The News Agency of Nigeria (NAN) reports that in most court cases, once an accused raises an objection that a statement is taken forcefully, a trial within trial must be conducted.

 

NAN reports that the Supreme Court in a landmark ruling on Sept. 24,  established that law enforcement agencies must electronically record a suspect’s confessional statement in an audio-visual format during criminal investigations.

 

The case of Federal Republic of Nigeria (F.R.N.) v. Akaeze [2024] 12 NWLR (Pt. 1951) 1 has underscored the mandatory nature of this requirement, in accordance with sections 15(4) and 17(1) & (2) of the Administration of Criminal Justice Act 2015 (ACJA).

 

This decision leaves no room for discretion—failure to comply renders the confessional statement inadmissible in court.(NAN) (www.nannews.ng)

edited by Sadiya Hamza

Judiciary

Houses for judges by Wike in order, says senior advocate

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By Taiye Agbaje

Mr Joseph Daudu, SAN, on Monday, disagreed with critics of the Minister of FCT, Nyesom Wike, over the construction of houses for judges in Abuja.

 

 

Daudu, the Coordinator of the Rule of Law Development Foundation, made this known at the opening of the 6th Annual Criminal Law Review Conference of the foundation in Abuja.

 

The News Agency of Nigeria (NAN) reports that the 5-day event is titled: “Optimising the Administration of Criminal Justice in Nigeria: How to Navigate Emerging and Systemic Challenges of Insecurity and Economic Hardship.”

 

He said the allegation that the renovation of courts and provision of houses for judges amounted to inducement was untrue and only to portray the judiciary in  bad light.

 

The senior lawyer said the constitution allows the overlap of functions of the three arms of government; the executive, legislature and judiciary.

 

“Thus, in the normal democratic system of government, it is not unusual to see the executive exercise legislative powers by the making of executive orders or exercise judicial powers by making subsidiary legislation to authorise its agencies to impose fines on transgressors of the law.

 

“Also as stated above, it is not unusual to find the legislature authorised by the constitution to exercise judicial powers in the course of its oversight functions either by committing members of the public for contempt of the legislature or sitting and conducting hearings, inviting witnesses to testify before it as if it is a court of law.

 

“The judiciary on the other hand also exercises executive and at times legislative functions. Judges propound and make laws within the body of their judgments.

 

“They award contracts within their own domestic responsibilities. Many other numerous examples abound.

 

“One other vital point to note in this matter of the construction of houses for judges within the FCT is that it is not a personal bonanza of the Minister of the FCT but an appropriated project in the budget which received the assent of the President of the Federal Republic of Nigeria.

 

“Consequently, the way and manner, the said critics have been going about it is as if the minister of the FCT is constructing the buildings out of his personal purse and in his individual capacity is unfortunate.

 

“Once this distinction is recognised, it becomes clear that the hallowed office of a judge cannot be corrupted by merely giving to them their entitlement or accoutrement of their office,” he said.

 

According to the lawyer, historically, providing accommodation for judges and or judicial officers dates back from colonial times.

 

“We are privy to the knowledge and official records and documentation showing that judges have been provided housing by the executive arm of government since colonial times in the Government Reservation Areas of virtually all our urban centres/cities in Nigeria.

 

“This practise was stopped around 2007 when it became government policy to monetise housing and other perquisites of office under the guise that government will be saving more money when it pays rent for housing and buys vehicles for its staff across the three arms of government.

 

“The judiciary was the first to back out of this arrangement because it soon discovered that withdrawal of accommodation from judges especially newly appointed judges exposed them to danger of having to rent accommodation in anyhow areas of the town, which exposed them and their families to grave danger.

 

“Thus, now that this service is being reinstated by the executive which is the appropriate agency to carry out such works, some people are losing sight of the big picture and have reduced the matter to one of party politics, without considering the overall benefit of the provision of housing by the executive to the safety, independence and impartiality of the judges in question,” he said.

 

Daudu said it was time Nigerians knew that the three arms of government worked in tandem and in a coordinated manner.

 

“They do not work at cross purposes. Thus, the constitution expressly vests the function of submitting budgets, executing laws, planning for both the legislature and the judiciary on the executive arm of government.

 

“Moreover, judges are sworn on the Holy Books; the Bible and the Quran, to dispense justice without fear or favour or ill-will or malice to anyone.

 

“One will be thinking very low of our judicial officers if it is thought that their judicial oaths do not count for anything,” he said.(NAN)(www.nannews.ng)

edited by Sadiya Hamza

Judiciary

CJ launches digitisation of court proceedings in Taraba

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By Martins Abochol

Justice Joel Agya, Chief Judge of Taraba on Wednesday commenced the digitisation of court proceedings.

Agya, during a court sitting at the Court One,  state High Court Jalingo, said that all  courts would eventually be digitised after the pilot programme.

He expressed satisfaction with the application of the new technology, confirming that it had  fasttracted  court proceedings.

Mr Abdullahi Ibrahim, Chief Executive Officer, Comprehensive Software Solutions Nigeria Ltd, the firm handling the installation of the e-court, said that the digitisation  was in line with the global best practices.

Ibrahim said that the process has limited challenges as it fasttracted speedy dispensation of sound judgments.

He added that the firm was training staff of the court on technical processes in handling the technology.

” You can see by yourself how fast e-court can enable judges in speedy handling of cases.

“Court proceedings that can take up to six hours today took  one and half  hours,” Ibrahim said.

Mr Micheal Angwe, one of the counsels in the court congratulated the CJ  on the installation of the e-court.

Angwe said that the electronic proceedings would go a long way in the enthronement of speedy dispensation of justice.

NAN reports that the court, which commenced it sitting at 9 am closed at 11 am after hearing eight cases. (NAN)

Edited by Gabriel Yough

Judiciary

Court refuses husband’s divorce request

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By Mujidat Oyewole

An Area Court at Centre-Igboro in Ilorin has given both parties in a divorce suit one week to try and achieve a settlement.

The husband, Oloruntoyin Yahaya, had asked to divorce Alimat Yahaya over what he alleged to be her involvement in the usage of charms that could lead to his death.

Yahaya told the court that his wife was fond of visiting different places to get “wicked traditional medicine” that could control and harm him, saying he wanted a divorce.

“I don’t have interest in her anymore, because I don’t trust her again,” he added.

The wife denied the allegation of visiting people to secure charm, saying she did not know anywhere of such and had never taken charm to her matrimonial home.

Alimat, however, told the court that she was still interested in the marriage and had tried to plead with Yahaya and even sent her family members to plead on her behalf.

The presiding judge, Hammad Ajumonbi, while ruling said a man has the right to divorce at any time, and without explanation.

He, however, pointed out that the court also has the right to deem it fit to give room for resolution.

“If the wife is really interested in the marriage, she needs to be of good conduct, be loyal to her husband and know how to persuade him,” the judge said.

The court, after giving the wife one week to make amendment, adjourned the case until Oct. 23 for a report of the expected settlement.(NAN)(www.nannews.ng)

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(Edited by Benson Iziama and Olawale Alabi)

Judiciary

Stakeholders call for synergy in upholding effective justice system

1,067 total views today

 

By Adenike Ayodele

Stakeholders in the justice sector have said that collaboration and synergy in the administration of criminal justice is vital for an effective and fair system.

They said this this at an assessment and capacity-building workshop on the Lagos State Administration of Criminal Justice Law (ACJL), on Wednesday in Lagos.

The workshop was organised by Law Hub Development and Advocacy Centre, a Non-Governmental Organisation (NGO).

Mrs Adenike Oluwafemi, Director, Directorate of Public Prosecutions (DPP), Lagos State Ministry of Justice, noted that each stakeholder plays a unique role, and their collective efforts could significantly enhance the overall efficacy of the justice process.

Oluwafemi said that cooperation would not only enhance the efficiency of justice delivery but also strengthen public confidence in the system.

She highlighted some key points to consider regarding the importance of this collaboration: Integrated approach to justice delivery; information sharing; capacity building; advocacy and policy information.

Others are : reducing corruption and abuse; support for victims and rehabilitation; community engagement and conflict resolution.

“By collaborating, stakeholders can develop integrated approaches that address the root causes of crime while ensuring that justice is served.

“ACJL Committee comprising all stakeholders was set up in Lagos State for this purpose in 2019. It was later backed by Law when it was amended in 2021,” Oluwafemi said.

According to her, effective collaboration fosters better communication and information sharing among stakeholders , allowing for more informed decision-making and case management.

“Stakeholders can share relevant data and insights to identify crime trends and patterns, helping to allocate resources more effectively,” said.

Also, Mrs Toluwalope Aderiye, Deputy Director DPP of the ministry, said that addressing challenges in implementing criminal justice reforms required a multi-faceted approach involving government, civil society and international partners.

She mentioned the challenges to include corruption, inadequate funding, and resistance to change.

Aderiye said that continuous monitoring and evaluation were necessary to overcome these obstacles.

In his goodwill message, the Chief Judge (CJ) of Lagos State, Justice Kazeem Alogba, said that the punishment and disposition measures under section 15 of the Criminal Law of the state must be adhered to with a view to achieving a balance in overall interest of justice, in the protection of rights and public interest.

Alogba was represented by Justice Hakeem Oshodi.

“The Criminal Law of Lagos State is a prelude to ACJL Lagos State (LS), that is to say they are like siamese twins, in so far as one cannot effectively function without the other.

“It is, therefore, imperative to understand the underlying and guiding principles in establishing the Criminal Law of Lagos State as well as the ACJL LS.

“For the benefit of the doubt, the innovations in the ACJL LS will be impracticable without the guiding principles as encapsulated under sections 3 and 15 of the Criminal Law of Lagos State,” Alogba said.

The CJ commended the NGO for the workshop, urging it not to rest on its oars but make it a routine intervention to bridging the gaps in the delivery of a virile and competitive justice system.

“Building capacity of stakeholders in the criminal justice sector is not only a commendable one but will bolster the swift application of these provisions.”

Earlier, Mr Osita Chukwuma, Executive Director, Law Hub Development and Advocacy Centre, said that the collective efforts of all stakeholders across the country would also impact positively on the general criminal justice system in Nigeria.

“We recognise and consistently advocate the imperative need for all states in Nigeria to adopt and adapt the Administration of Criminal Justice Act (ACJA) 2015 to suit their peculiarities and we are particularly excited that Lagos State has not been left out of this but has done the needful by adopting the ACJA 2015 and passing it into law.

“We also keenly advocate that states should ensure the full implementation of all the provisions contained in the ACJL especially those provisions targeted at reforms.

“We also urge all the stakeholders to deliberately and consistently make use of the Practice Direction made pursuant to the ACJL as this would greatly improve the prospects of implementing the law as it would have practical implementation possibilities in the courts within which the rules apply,”Chukwuma said. (NAN)

Edited by Folasade Adeniran

Judiciary

Court admits Isaac Bristol to N5m bail

1,068 total views today
By Taiye Agbaje
 A Federal High Court in Abuja, on Friday, admitted Isaac Bristol, popularly known on his X handle as “PIDOM Nigeria,” to a N5 million bail with one surety in the like sum.
Justice Emeka Nwite, in a ruling on his bail application moved by his lawyer, Deji Adeyanju, held that bail is a constitutional right.
Justice Nwite said he was inclined to granting Bristol bail except where there was reasonable ground to believe that the defendant might evade trial or attempt to destroy evidence.
He said that all factors must be considered in granting bail, especially since criminal justice provides safeguards for both prosecution and defence.
The judge held that based on the submissions of counsel, he would grant the defendant bail in the interest of justice.
He subsequently granted him N5 million bail.
The judge directed that Bristol must provide one surety in like sum, who must be a reasonable citizen whose tax clearance certificate and address must be verified by the court.
He also ordered that the defendant must deposit his international passport with the court.
Nwite warned that if the defendant fails to comply with the conditions, his bail would be revoked.
The judge, who said Bristol should be remanded in the correctional service pending the perfection of his bail, adjourned the matter until Nov. 5 for trial.
The News Agency of Nigeria (NAN) reports that Bristol was arrested by the police on Aug. 5 in his hotel room in Rivers.
The Force spokesman, Olumuyiwa Adejobi, announced his arrest, alleging he “committed serious offences that undermine the integrity of government operations.”
He was arraigned on Sept. 3, on a nine-count charge filed against him by Simon Lough, SAN, on behalf of the Inspector-General (I-G) of Police before Justice Nwite.
He was alleged to have unlawfully obtained and distributed classified government documents, destroying evidence, and contravening relevant money laundering and cybercrime laws.
Police counsel, Lough, contended that the defendant shared documents alleging that President Bola Tinubu released N24.1 billion to the National Hajj Commission of Nigeria (NAHCON) through Vice President Kashim Shettima’s office.
He was accused of later claiming that the fund was increased to N90 billion.
Bristol, however, denied the allegations.
Bristol’s lawyer, Adeyanju, then applied for bail on liberal terms, stating that his client ”is presumed innocent until proven guilty by the court.”
Lough opposed the bail application, insisting that the nature of the offence does not warrant bail.
He expressed concern about the high likelihood of the defendant evading trial.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza
Court symbol
Judiciary

ActionAid technical working group seeks sanction for erring judges

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By Ebere Agozie

ActionAid Technical Working Group has called for stringent punitive measures against judicial officers who deliberately misuse the application of the law in adjudication.

Ms Adesuwa Iluobe, Coordinator of the ActionAid Citizens’ Led Engagements on Judicial Accountability in Post-Election Justice Delivery in Nigeria (CLEAP-Justice) project, presented the recommendations to newsmen in Abuja.

Iluobe said the interactive session with the media with the theme “Towards Increased Citizens’ Consciousness for a Transparent Judiciary “ was to discuss the gaps within the Acts that necessitate reforms and policy advocacy.

She said: “We equally recommend that the National Judiciary Council (NJC) should be more proactive in the discipline of judges who misuse ex-parte orders and such judges should not be appointed to election tribunals.

“Making disciplinary reports public would deter judges from compromised actions, as they would be aware of the potential public scrutiny.

“Collaboration with identified incorruptible judges should be pursued and comprehensive security and welfare provided to help them withstand external pressure’’.

According to her, the project also recommends enhanced objectivity and transparency in the appointment of judges and throughout the judicial system.

“The process applied by NJC should include citizens’ scrutiny of proposed appointees.

“The establishment of an online platform is needed for citizens to report judicial misconduct or blow the whistle on judges and court proceedings.

“Also, the position of the CJN should be unbundled to reduce the concentration of power and promote transparency.

“There should be deputies to all Heads of Courts, with their roles and responsibilities clearly defined’’.

She said that where there are allegations against the CJN and other Supreme Court justices, Justices of Supreme Court level from other Commonwealth jurisdictions should be involved in the disciplinary process.

She said that CLEAP Justice also recommended a constitution amended to the effect that election litigations for National Assembly and gubernatorial elections should be at two levels.

“The litigation should end at the Court of Appeal, with three-panel members at the lower court and five at the Court of Appeal.

“Also, independent experts on elections in each tribunal should be included to provide opinions.

“In order to ensure completion of Election Petitions before swearing-in, there should be shorter timelines for election petitions from 180 days to a maximum of 120 days or 60 days at each level’’.

“Individuals who have worked with INEC should be restricted from engaging in partisan politics for at least five years after leaving the commission.

“It recommended that efforts should be made to nurture public trust in election processes and outcomes and transparency in the electoral system promoted’’.

Edited by Sadiya Hamza

Judiciary

Supreme Court upholds Ododo’s election, dismisses Ajaka’s case

942 total views today
By Taiye Agbaje and Ebere Agozie
The Supreme Court on Friday, affirmed the victory of Usman Ododo of the All Progressives Congress (APC) in the Nov. 11, 2023 governorship election held in Kogi.
A five-member panel of the apex court, in a judgment, held that the appeal by the Social Democratic Party (SDP) and  its candidate, Muritala Ajaka, marked: SC/CV/654/2024 was without merit and proceeded to dismiss it.
Justice Sadiq Umar, who authored and read the lead judgment, resolved all the three issues identified for determination in the appeal against the appellants.
The News Agency of Nigeria (NAN) reports that a three-member panel of the Appeal Court, in a unanimous judgement delivered by Justice Onyekachi Otisi on July 11, had upheld the decision of the Kogi State Governorship Election Petition Tribunal.
The appellate court held that the SDP and its governorship candidate,  Ajaka, failed to prove the allegations contained in their appeal beyond reasonable doubt as required by law.
The court equally dismissed the appeals filed by Action Alliance (AA) and its governorship candidate, Olayinka Braimoh; and that of the Peoples Redemption Party (PRP) and its governorship candidate, Dr Abdullahi Bayawo, challenging Ododo’s victory.
Justice Otisi, while delivering judgment on SDP and Ajaka’s appeal, agreed with the election petition tribunal which sat in Abuja.
The judge said the tribunal was right to have expunged the evidence of the 1st prosecution witness (PW-1) called by the petitioners on the ground that the evidence tendered by the witness was a documentary hearsay.
She said witnesses, whether subpoenaed or normal, are supposed to front-load their witness statements on oath as required by law.
The judge held that the petitioners’ witnesses were incompetent because their statements did not accompany the petition in line with the electoral laws
She agreed with the tribunal that there were inconsistencies in the case of the appellants.
According to her, the allegation of forgery of document that Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the tribunal.
The said action, Justice Otisi held, happened before the conduct of the Nov. 11, 2023 governorship election in the state and as such, cannot be legislated upon by the lower tribunal.
The judge also held that the allegation of forgery of document ought to be proven beyond reasonable doubt.
Justice Otisi subsequently resolved all the issues raised in the appeal against the appellants.
NAN reports that the tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the Nov. 11, 2023 Kogi governorship poll.
The three-member panel of justices, headed by Justice Ado Birnin-Kudu, held that the petition was bereft of substance and accordingly dismissed it.
The tribunal held that SDP and Ajaka failed to prove the allegations of over-voting and non-compliance with the Electoral Act, 2022 in the petition.
The panel, in a unanimous, decision held that all the witness evidence filed before it were incompetent and full of inconsistencies.
It also agreed with the submissions of the respondents that the allegations of forgery raised in the petition were pre-election matter, which ought to have been raised 14 days after the documents were submitted to INEC.
Kogi had, on Nov. 11, 2023, held its off-cycle election in which Ododo of the APC emerged winner, beating his closest rival, Ajaka of the SDP with a wide margin.
Unsatisfied with INEC’s declaration of Ododo as winner of the poll, Ajaka and his party dragged the electoral umpire, Ododo and APC to the tribunal as 1st to 3rd respondents respectively.(NAN)(www.nannews.ng)
Edited by Sadiya Hamza
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