By Ebere Agozie

The Supreme Court on Friday, upheld the election of Bala Mohammed as duly elected governor of Bauchi State.

The Judgment was delivered by Justice Ibrahim Saulawa.

The governorship candidate of the All Progressives Congress (APC) in Bauchi state,

Sadique Abubakar’s efforts at the two lower courts to unseat the Gov. Mohammed were not successful.

Abubakar had alleged massive non-compliance with the electoral act during the poll at the two courts.

His petition at the tribunal and appeal at the appellate court were dismissed for lacking in merit.

The two courts held that he did not prove his allegations beyond a reasonable doubt.

Reading the lead judgment on Friday, Justice Ibrahim Saulawa resolved all the six issues against the appellant and held that the appeal was devoid of merit.(NAN)

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Edited by Sadiya Hamza

By Ebere Agozie

The Supreme Court on Friday upheld the election of Dauda Lawal of the Peoples Democratic Party as the winner of the Zamfara 2023 governorship poll.

The five-member panel of justices in a judgment read by Justice Emmanuel Agim, set aside the judgment of the Court of appeal that declared the election inconclusive.

The court described the judgment of the appellate court as “perverse”, and ruled in favour of the appeal filed by Lawal and his party.

NAN reports that in  March 2023, the Independent National Electoral Commission (INEC) declared Lawal as the winner of the Zamfara governorship election with 377,726 votes.

Bello Matawalle, candidate of the All Progressives Congress (APC), who polled 311,976 votes, challenged the outcome of the poll.

Matawalle, now minister of state for defence, had accused INEC of subverting his victory at the poll by failing to include the results of some wards.

In September 2023, the tribunal held that the petition was devoid of merit and a N500,000 fine was awarded against the petitioners.

In November 2023, the court of appeal sitting in Abuja declared the Zamfara governorship election inconclusive.

The three-member panel of the appellate court unanimously annulled the victory of Lawal and ordered INEC to hold a fresh election in three LGAs.

The local governments are Maradun, Birnin-Magaji and Bukyun. (NAN)

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Edited by Sadiya Hamza

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By Ebere Agozie

The Supreme Court on Friday, upheld the election of Francis Nwifuru as the governor of Ebonyi.

Justice Tijjani Abubakar who delivered the judgment, dismissed the appeal by the Peoples Democratic Party (PDP) and it’s candidate, Chukwuma Odii.

Justice Abubakar described the appeal as lacking in merit

NAN reports that the Court of Appeal in Lagos had earlier affirmed the election of  Nwifuru as the duly elected governor of Ebonyi .

In a unanimous decision, the three-member panel led by Justice Jummai Sankey dismissed the appeal filed by Chukwuma Odii of the Peoples Democratic Party (PDP).

The panel also resolved all five issues raised against the appellant and dismissed the appeal for lacking merit.

Justice Sankey held that the PDP and its candidates lacked the legal right to meddle in the internal affairs of the All Progressives Congress as it relates to the nomination of candidates.

NAN reports that the Ebonyi Governorship Election Petition Tribunal sitting in Abuja had upheld the election of  Nwifuru as governor.

INEC had  declared Nwifuru of the APC  as the winner of the 18 March governorship election in the state.

Nwifuru polled 199,131votes to defeat his closest challenger, Ifeanyi Odii of the Peoples Democratic Party (PDP), who garnered 80,191 votes.

Odoh, came third with 52,189 votes.

Odoh and his party, the APGA, challenged the declaration of Nwifuru as the elected governor of the state and asked the tribunal to nullify his election on the grounds of alleged certificate forgery and “ineligibility” to stand for the election.

The APGA candidate, a geophysics professor, contended that Nwifuru, at the time of the election, was still a member of the PDP and therefore ineligible to be sponsored for the election by the APC.

Odoh further argued that Mr Nwifuru was not qualified to stand for the election because he allegedly submitted a fake certificate to INEC.

He urged the tribunal to order for a second election between the other two candidates who scored the highest number of votes at the previous election and exclude the governor from taking part in it.(NAN)

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Edited by Sadiya Hamza

By Ebere Agozie

The Supreme Court on Friday upheld the victory of Gov. Bassey Otu as the governor of Cross River  in the 2023 gubernatorial election.

The Peoples Democratic Party’s (PDP) and its governorship candidate Sen. Sandy Onor challenged the membership of Otu, in the All Progressives Congress (APC).

The Court of Appeal, Calabar Judicial Division, had dismissed the appeal filed by the PDP governorship candidate and Onor against Otu.

Onor had approached both the tribunal and appellate court, insisting that Otu must be disqualified from the race for allegedly holding dual citizenship, certificate forgery and for not being a member of the APC as of the time of the election.

But the lower courts dismissed the PDP petitions, agreeing with the governor’s submission that the PDP cannot challenge the governor on the grounds of party sponsorship and nomination because they were not aspirants during the APC governorship primaries. (NAN)

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Edited by Sadiya Hamza

By Ebere Agozie

The apex court set aside the verdicts of the Court of Appeal and election petitions tribunal, which nullified the victory of Yusuf in the March 18, 2023 governorship poll.

A five-member panel of the apex court in a judgment delivered by Justice John Okoro, held that the tribunal and the court of appeal erred by sacking Yusuf, candidate of the New Nigeria People’s Party (NNPP), as governor of the state.

Justice Okoro, who delivered the lead judgment, held that the law and natural justice were turned upside down by the two courts below to arrive at the unjust and unfair decision.

Okoro, while voiding and setting aside judgments of the two lower courts said that miscarriage of justice in the ways and manners the petition against the governor was handled was manifesting.

The Court of Appeal and the Tribunal had in their concurrent judgments annulled the election of Yusuf of the New Nigeria People’s Party (NNPP) and declared Nasiru Gawuna of the All Progressives Party, (APC) as winner of the March 18, 2023 Kano Governorship election.

However, the Supreme Court held that two major fundamental flaws were discovered in the findings of the Tribunal and the Count of Appeal which led to the miscarriage of justice.

Okoro added that the allegations of the APC that the Governor was not a member of the NNPP at the time he stood for the election and which the Tribunal used to overturn his victory is against the provisions of the law.

He held that membership of the NNPP by the governor cannot be challenged by APC on the ground of being internal affairs of the party.

“The issue of party membership cannot be raised as a post election matters as done by the APC and its governorship candidate and wrongly upheld by the Tribunal and the Court of Appeal.

“The Governor’s nomination was submitted to INEC in an NNPP letter head paper jointly signed by the party’ national Chairman and national Secretary.

“No member of the NNPP had queried the action except the APC in its petition before the Governorship Election Petition Tribunal”.

The Apex Court also reversed the unlawful removal of 165, 616 votes from the total votes cast for the NNPP and its governorship candidate at the poll.

The court said that there was no basis for the unlawful removal of the votes from the governor’s votes because the ballot papers used for the poll were duly issued by the INEC.

The apex court dismissed the allegations that the ballot papers were not signed and stamped at the back

Okoro said that there was no scintillating of evidence from any witness or documentary exhibits that the ballot papers were illegal and unlawful as erroneously concluded by the Court of Appeal

The apex court, therefore, agreed with the governor that miscarriage of justice was perpetrated against him in the ways and manners his election was nullified.

Okoro ordered that the 165, 616 votes unlawfully deducted from the governor be returned to him.

The Apex Court while allowing the appeal of the governor and the NNPP dismissed the two judgments earlier granted in favour of the APC and its governorship candidate on the ground that the judgments were erroneously entered in their favour.

NAN reports that Yusuf , and his party NNPP, had filed an appeal against the judgment of the Court of Appeal, which had affirmed his sacking as earlier pronounced by the Kano State Governorship Election Petitions Tribunal.

The tribunal had sacked Yusuf and ordered the Independent National Electoral Commission (INEC) to withdraw his certificate of return and instead issue same to to Nasir Yusuf Gawuna, the candidate of the All Progressives Congress (APC) in the March 18, 2023 governorship election.

However, not satisfied with the Tribunal judgment, Yusuf had approached the Appeal Court.

But the appellate court had while affirming his sack, further held that the governor was not a member of the party as of the time of the election and could not have been said to have been properly sponsored for the election.(NAN)
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Edited by Sadiya Hamza

By Taiye Agbaje
The Federal Capital Territory (FCT) High Court, Abuja has granted an application by Ms Lilian Onoh, a former Nigerian ambassador, to testify from U.S. via Zoom in a libel suit filed by Geoffrey Onyeama.
Ms Onoh, who was Nigeria’s ambassador to Namibia and head of mission in Jamaica, is expected to testify from her American residence in the libel suit.
The News Agency of Nigeria (NAN) reports that Mr Onyeama, Nigeria’s immediate-past Minister of Foreign Affairs, had filed the libel suit against Onoh, a career ambassador.
The ex-minister alleged that Onoh, in a series of media engagements portrayed him as being corrupt while he served as foreign minister in former President Muhammadu Buhari’s regime.
The duo had locked horns in a legal battle both in Nigeria and the U.S., where they accuse each of defamation.
At the Nigerian court in Abuja on Thursday, the judge, Kesia Ogbonnaya, said Onoh could testify from her base in the U.S.
In addition, the judge ordered the defendant to file her statement of defence alongside her witness statement on oath before the next hearing of the suit.
The order followed a request by Onoh’s lawyer, Monday Ejeh, praying the court for time to file the necessary court documents in defence of his client.
Onyeama’s lawyer, Agada Elachi, SAN, did not object to the filing of the papers out of time.
The judge, consequently, adjourned the suit until Jan. 24 “for final and definite hearing” of Onoh’s defence in the matter.
In a warning to the defendant’s lawyer, Ejeh, the judge said “if the 1st defendant (Onoh) is not ready to do the matter, this court will do the needful.”
NAN reports that Onoh had accused the judge of bias, calling on the judge to recuse from the case.
However, the judge insisted on hearing and determining the matter.
The former envoy also accused the claimant, Onyeama, of colluding with court officials to keep court filings away from her, a development that led to the hearing of the case without her knowledge.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza

By Ebere Agozie

The Supreme Court on Friday upheld the election of Alex Otti as duly elected governor of Abia.

Justice Uwani Abba-Aji while delivering the judgment dismissed the appeal against the victory of Otti.

She held that the appeal by the PDP lacked merit.

NAN reports that the appeals were lodged against Otti, who won his election on the platform of the Labour Party (LP) by the candidate of the Peoples Democratic Party, PDP, Chief Okey Ahiwe, and his counterpart in the All Progressives Congress (APC), Chief Ikechi Emenike.

It will be recalled that the Independent National Electoral Commission, INEC, declared that Otti polled 175,466 votes to defeat his closest rival, Ahiwe of the PDP, who scored 88,529 votes in the gubernatorial poll that was held on March 18, 2023.

Dissatisfied with the outcome of the election, both Ahiwe and Emenike of the APC, who came in third, separately challenged it.

However, in a judgment delivered on Oct. 6, 2023, the Abia State Governorship Election Petitions Tribunal dismissed the petitions and upheld Otti’s election victory.

The verdict of the tribunal was affirmed by the Court of Appeal in Lagos, which also dismissed appeals that were entered against Otti by both the PDP and APC candidates.(NAN)

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Edited by Sadiya Hamza

By Taiye Agbaje
The Code of Conduct Tribunal (CCT) sitting in Abuja has adjourned ruling on a motion filed by Muhuyi Magaji, Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC), challenging the competence of the Code of Conduct Bureau (CCB) to prosecute.
The ruling, which was earlier fixed for today by the three-member panel, headed by Justice Danladi Umar, was suspended by the tribunal.
When the News Agency of Nigeria (NAN) got to the CCT office, an officer informed that the matter would no longer hold.
Meanwhile, NAN reliably gathered that new hearing notices had been issued to parties in the matter.
The tribunal had, on Wednesday, fixed today after Magaji’s counsel, Adeola Adedipe, SAN, and lawyer to the CCB, Musa Usman, presented their arguments and adopted their applications.
Adedipe informed the panel of his motion on notice dated against the charge number: CCT/KN/01/2023.
While moving the motion, Adeola called the attention of the tribunal to their two prayers, which were predicated on six grounds.
He argued that a High Court of Kano State presided over by Justice Farouk Adamu had, on Aug. 28, 2023, restrained the CCB from interfering in the affairs or taking any step in connection with the functions, duties and affairs of his client until the matter is dispensed with.
He restated that in the Kano matter, CCB was the 2nd defendant and that the court directed parties to maintain status.
The senior lawyer said the prosecution undermined the order by preferring the instant charge against Magaji.
He argued that filing the charge against Magaji in the face of Exhibit B presented before the tribunal was a recourse to self help.
He prayed the panel to strike out all the processes filed by the CCB, including the oral submission, for non-compliance with the mandatory provision of Paragraph 13(2) of the CCT Practice Direction 2017 which gave three days for a party to respond to any process served on them.
Adedipe stated that the prosecution was served with their motion for more than 30 days before they responded.
He urged the tribunal to stop the CCB from proceeding with the charge.
Usman, while disagreeing with Adedipe, urged the tribunal to discountenance the defence argument.
He said the order of Kano State relied on by the defendant did not mention the word “prosecution,” hence, it did not stop the complainant from instituting the instant case.
He said the order was clearly preventing the CCB from meddling into the affairs of the defendant, and not on investigation matter.
“The Kano State High Court was aware of the decision of Court of Appeal in a case of Ewuno Bassey Vs EFCC and others where the court states that it is no longer in doubt that agencies given powers to investigate cannot be prevented or arms twisted from performing their duties,” he said.
Usman said on this basis, the submission and the application of the defendant lacked merit and must be treated as such.
Justice Umar, who adjourned the matter for ruling, said the decision would determine whether the trial would proceed or not.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza

By Ebere Agozie

The Supreme Court on Friday, upheld the election of Mr Caleb Mutfwang as the duly elected governor of Plateau.

The appeal filed by Mutfwang, sought to restore his mandate to lead the state was allowed and the judgment of the Court of Appeal was set aside.

Justice Emmanuel Agim, who delivered the judgment, held that the appeal by the governor had merit.

The News Agency of Nigeria (NAN) reports that the appeal court had in a unanimous decision in November ruled that Muftwang was not sponsored by his party, the Peoples Democratic Party (PDP).

The court held that Nentawe Yilwada of the All Progressives Congress (APC) won the March 18, 2023 governorship election and therefore upheld his appeal.

According to the result declared by INEC, Mutfwang scored 525,299 votes to beat Mr Yilwada polled 481,370 votes.

The Plateau Governorship Election Petition Tribunal had earlier affirmed Muftwang’s victory prompting Mr Yilwada to file an appeal at the appeal court.

The decision of the Supreme Court on the case is final.(NAN)

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Edited by Sadiya Hamza

By Taiye Agbaje

The Code of Conduct Tribunal (CCT) sitting in Abuja, on Wednesday, fixed Jan. 12 for ruling on a motion filed by Muhuyi Magaji, Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC).

The motion challenged the competence of the Code of Conduct Bureau (CCB) to prosecute him in the charge marked: CCT/KN/01/2023.

The three-member panel, headed by Justice Danladi Umar, adjourned the matter after Magaji’s counsel, Adeola Adedipe, SAN, and lawyer to the CCB, Musa Usman, presented their arguments and adopted their applications.

In the motion on notice, Adedipe sought an order prohibiting the complainant from prosecuting the instant charge or any other charge against the defendant, whether by way of arraignment or seeking any form of indulgence before the tribunal or any other court in Nigeria.

The lawyer argued that except and unless there was compliance with the orders made by Justice Farouk Lawan Adamu of the High Court of Kano State on Aug. 28, 2023, in suit marked: K/M1128/2023, between Attorney-General (A-G) Kano State and two others vs. Economic and Financial Crime Commission (EFCC) and two others.

According to him, the said orders remain extant and valid for all intents and purposes, having not been set aside by any court.

He also sought an order setting aside the leave granted to prefer the charge; and discharging Magaji of all offences contained therein.

He said the charge, having been unlawfully preferred by the complainant in disregard of the orders made by Justice Adamu.

The News Agency of Nigeria (NAN) reports that the CCB had, on Nov. 16, 2023, arraigned Magaji on a 10-count charge bordering on alleged conflict of interest, false declaration of assets, among others.

He, however, pleaded not guilty to all the counts and was admitted to bail in the sum of N5 million with two sureties who must be residing within the jurisdiction of the tribunal and must deposed to affidavit of means, verified by the chief registrar of the court.

The tribunal adjourned until today (Jan. 10) to hear Magaji’s motion.

Upon resumed hearing on Wednesday, Adedipe informed the panel of his motion on notice dated Nov. 14, 2023 and filed Nov. 16, 2023 against the charge number: CCT/KN/01/2023.

He said the process was served on the prosecution the same date it was filed and the the complainant filed a counter affidavit on Dec 28, 2023.

The senior lawyer said a better and further affidavit was filed yesterday in response to the counter affidavit.

While moving the motion, Adeola called the attention of the tribunal to the two prayers, which were predicated on six grounds.

He said in the Kano matter, CCB was the 2nd defendant and a party, directed parties to maintain status.

He said in further giving life to their prayers, the court granted an interim injunction, “restraining the defendants from interfering in the affairs or taking any step related to or in connection with the functions, duties and affairs of the defendant, who in that case, was the 3rd plaintiff in Exhibit B.”

Adedipe said the prosecution undermined the order.

According to him, the complainant made effort to harass the defendant (Magaji), kept inviting him, interrupting in his affairs until they charged him to court.

“That means status quo antebellum was not complied with and the matter is still in court.

“We want the court to know that we are not in a lawless society and the court is the last hope of the common man,” he said.

He stressed that they had been able to establish that CCB was in violation of the court order which had not been set aside.

He also argued that preferring the charge against Magaji in the face of Exhibit B presented before the tribunal was a recourse to self help.

The lawyer prayed the panel to strike out all the processes filed by the CCB today, including the oral submission, for non-compliance with the mandatory provision of Paragraph 13(2) of the CCT Practice Direction 2017 which gave three days for a party to respond to any process served on them.

Adedipe stated that the prosecution was served with their motion for more than 30 days before they responded.

“They were served since Nov. 16, 2023, and filed Dec 28, 2023 more than 30 days without the leave of court and leave of my lord.

“They did not obey an order and they are not obeying the rules of the court. Which order will they obey? They are above everybody,” he said.

He urged the tribunal to grant their prayers.

Usman disagreed with Adedipe, saying a counter affidavit had been filed.

The prosecution lawyer said that their counter affidavit was “filed on Dec. 28, 2023 in opposition to the motion on notice seeking this honourable tribunal to prohibit the complainant from proceeding with this charge.”

He urged the tribunal to discountenance the defence argument.

He said the order of Kano State relied on by the defendant did not mention the word “prosecution,” hence, it did not stop the complainant from instituting the instant case.

He said the order was clearly preventing the CCB from meddling into the affairs of the defendant, and not on investigation matter.

“The Kano State High Court was aware of the decision of Court of Appeal in a case of Ewuno Bassey Vs EFCC and others where the court states that it is no longer in doubt that agencies given powers to investigate cannot be prevented or arms twisted from performing their duties,” he said.

Usman said on this basis, the submission and the application of the defendant lacked merit and must be treated as such.
Justice Umar, who adjourned the matter until Jan. 12 for ruling, said the decision would determine whether the trial would proceed or not.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza