By Joy Kaka

A Federal Capital Territory (FCT) High Court, Zuba, on Friday discharged and acquitted Mr Ewelike Samuel who was charged with theft and criminal breach of trust.

The Attorney-General of the Federation charged Samuel of the Federal Fire Service (FFS) on eight counts bordering on the said offences which he pleaded not guilty to.

Delivering judgment, Justice Kezziah Ogbonnaya said that the court could not rely on unsubstantiated mere allegations because doing so would not be in the interest of justice.

Ogbonnaya said that the prosecution could not tender to the court the vehicle licence showing the chassis number of the vehicle for the court to determine if it was the same vehicle recovered in Lokoja, Kogi state.

She added that Samuel was not part of the people caught with the stolen vehicle when it was found.

“The court after considering the evidences tendered by the prosecution and defendant, I hold that the prosecution was not able to establish and prove the crime against the defendant.

“The court however discharges and acquits the defendant of all the crime against him,” She said.

Ogbonnaya also ordered the FFS to recall the defendant to resume his duty and pay him all his allowances and salaries required.

She added that all his promotions from 2013 when he was tortured should be restored.

Earlier, the Prosecution Counsel, Baguda Sani had alleged that Samuel moved a Nissan Urvan bus and Toyota Hilux Jeep being property of the FFS on Oct.31, 2012 and Jan. 25, 2013.

He further alleged that Samuel disposed and converted the said vehicles in violation of his contract of employment.

The prosecution counsel added that Samuel abetted one Innocent Adofu and Peter Otor by engaging them to move the vehicles without consent.

He alleged that Samuel made a false FFS identity card for Otor in order to gain access to the FFS vehicle with intention that it may be believed that he belonged to the service. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Ebere  Agozie

The Supreme Court upholds Sanwo-Olu as duly elected Governor of Lagos State.

The apex court dismissed the appeal of Gbadebo Rhodes-Vivour of the Labour Party for lacking in merit.

Justice Garba Lawal prepared and read the lead judgment in the Lagos State governorship dispute.

Other justices, who made up the panel for Lagos- Justices Inyang Okoro, Emmanuel Agim, uwani Abba-aji, Adamu Jauro are reading their version.

It’s a unanimous decision.

They said the petition was a gross abuse of court process.

Sanwo-Olu of the All Progressives Congress defeated the candidates of the LP, Gbadebo Rhodes-Vivour, and PDP’s Azeez Adediran, to win the governorship election.

Displeased with the outcome of the election, the LP and PDP candidates challenged Sanwo-Olu’s victory at the tribunal.

The tribunal dismissed their petitions for lacking in merit.

Challenging the decision at the Court of Appeal, Adediran filed 34 grounds of appeal, while Rhodes-Vivour filled 21. The appeals were also dismissed.

The two candidates appealed against the appellate court’s judgment and asked the apex court to vacate the order. (NAN)
EPA/SH

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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