Author: The Nation

  • PDP flays party’s appeal

    The People’s Democratic Party (PDP) has described as blasphemous the demand made by the All Progressives Congress (APC) on the Supreme Court to reverse its judgment on the Zamfara State elections.

    The main opposition also said the move was an attempt to blackmail and set a landmine for the apex court, with intent to ambush and destroy the integrity of the court.

    The APC had approached the Supreme Court pleading with the court to reverse its decision quashing the validity of its victory in all elective positions in the last general election and awarding same to the PDP.

    Read Also: Supreme Court rejects APC’s request to review Zamfara judgment

    In a statement yesterday by the spokesman for the PDP, Kola Ologbondiyan, the PDP added that the motive of the APC was to sequester the institution of the judiciary and foist a totalitarian order on the polity.

    “It is also instructive to note that by asking the Supreme Court to embark on a journey to nowhere, the APC clearly sought to subvert our democratic system and surreptitiously force on Nigerians, a system that is completely alien to our constitutional democracy and outside the confines and dictates of the 1999 Constitution (as amended).

    “APC’s demand is a direct threat to our democracy, peace and stability of our nation and shows its unwillingness, as a party, to abide by the rule of law,” the PDP spokesman said.

  • Edo Assembly crisis: Clark disagrees with House of Reps

    Ijaw leader Chief Edwin Clark has disagreed with the House of Representatives for its stand on the Edo State House of Assembly crisis.

    Clark noted that the order to the Inspector-General of Police (IG) to shut down the Assembly, and Governor Godwin Obaseki to rescind the earlier proclamation, was wrong and unconstitutional.

    According to him, the House of Representatives alone cannot take action on such a matter as the Constitution provides for joint (Senate and House of Representatives) National Assembly action.

    He, therefore, urged Speaker of the House of Representatives, Femi Gbajabiamila, to rescind the order to shut the Edo Assembly. The elder statesman also urged the National Assembly to wait for the Court ruling since there was a litigation on the issue.

    Read Also: Govt: Reps lack power to shut down Edo Assembly

    Clark, who addressed reporters yesterday in Abuja, said: “Section 11 of the Constitution empowers the National Assembly to take over the affairs of a state House of Assembly if there is crisis in the House and it is unable to function. However, Section 11(4) states that -at any time when any state House of Assembly is unable to perform its functions by reasons of the situation prevailing in that state, the National Assembly may take such laws for peace, order and good government of that state, with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the state House of Assembly: provided that nothing in this shall be construed as conferring on the National Assembly power to remove the governor or the deputy governor of the state from office.”

    Clark noted that the sections of the constitution cited referred to the National Assembly (Senate and House of Representatives) hence; the House alone does not have the power to singlehandedly give directives on Edo Assembly, rather the two chambers must act together.

    He therefore posited that “The House of Representatives alone has no power or authority to interfere in the affairs of the Edo State House of Assembly as it is asserted to have done. It is unconstitutional and of no legal effect. The Senate acting on the same subject said it has not completed its findings and it will soon come to a resolution of the matter which is at variance with the position already taken by the House of Reps.

    “Simply put, only the Senate and House of Representatives, which form the National Assembly, have the power or authority to interfere in the matter of Edo State of Assembly. The Senate cannot do it alone, and the House of Representatives cannot also do it alone. The two must act together.”

  • Lokpobiri: I have no problem with Sylva

    Bayelsa State governorship aspirant on the platform of the All Progressives Congress (APC), Senator Heineken Lokpobiri, has said he has no problem with a former Governor of the state, Chief Timipre Sylva.

    Lokpobiri, the only person who has bought the APC nomination and expression of interest forms, said he would never have problems with Sylva ahead of the primaries.

    Speaking at the weekend after collecting his forms, Lokpobiri said the only way to avoid disagreements was for the party to conduct a credible and transparent primary election.

    The former Minister of State for Agriculture said having weighed options for the primary elections many APC stakeholders believed that indirect method was better to avoid unnecessary acrimonies.

    Read Also: Bayelsa guber: Aspirants should stop attacking Dickson, Jonathan, says govt

    He reiterated that anybody rooting for a direct primary was expressing his personal opinion because majority of party leaders agreed with him and his team that indirect primary was the best for the party.

    He said: “I have no problem with Timipre Sylva. Sylva is a Bayelsa leader, just like we have other leaders here. I have no problem with him at all and I will never have a problem with him.

    “The only way to avoid a disagreement that will arise from a primary is to conduct a credible and transparent primary; that is why in the wisdom of majority of the party, we are saying that indirect primary is the way to go. By the time all the delegates gather in a designated place, the winner will clearly emerge and the losers will know that they were given a fair chance to contest.

    “What determines the failures and success of any party in an election is the quality of the candidate. If you have the highest quality of candidate, you have won the election by 50 per cent, but if you bring a candidate with a lot of questionable issues then, you fail in the election…”

  • Supreme Court rejects APC’s request to review Zamfara judgment

    The Supreme Court has rejected a request for it to review its May 24, 2019 judgment voiding the participation of the All Progressives Congress (APC) and its candidates in the last elections in Zamfara State.

    A five-man panel of the court, led by Justice Olabode Rhodes-Vivour, in a ruling yesterday morning, struck out an application marked: SC/377/2019 filed by the APC, seeking a review of the judgment.

    The court rejected effort by the lawyer to the APC, Robert Clarke (SAN), to make it take a second look at the judgment, but proceeded to strike out the application filed to that effect by the APC and Inuwa Abdulkadir (1st National Vice Chairman, North West Zone of the APC).

    Respondents to the application included Senator Kabiru Garba Marafa, Sirajo Garba (listed as the first and second respondents), the Independent National Electoral Commission (INEC; listed as the 179th respondent) and 176 others.

    At the mention of the case, Clarke informed the court about the pending application by his clients for the court to take a second look at its earlier judgment, particularly the consequential order, which gave the victory recorded by the APC in the last general election in the state to the People’s Democratic Party (PDP), which came second.

    Lawyer to some of the respondents, Benson Igbanoi said he needed time to respond to the application because it was served on him the previous Friday.

    Before the court could take a final position on how to proceed with the case, some members of the five-man panel of the court observed some inadequacies in the procedure adopted by the applicants, noting that the application was intended for the court to review its earlier decision, without providing a valid basis for such exercise.

    Read Also: PDP Govs. applaud Supreme Court rejection of Zamfara APC application

    Justice Ejembi Eko noted that the application was wrongly brought under Order 8 Rule16 of the Supreme Court’s Rules. Justice Amina Augie noted that the grounds on which the application was brought do not qualify for the court to review its earlier decision.

    Justices John Okoro and Amiru Sanusi noted that since the case, on which the earlier judgment was given, was a pre-election case for which the Constitution allows the Supreme Court 60 days to determine, the court no longer has jurisdiction to revisit the case, having given its judgment.

    Ruling, Justice Rhodes-Vivour said the application was incompetent on the grounds that only the lead judgment, out of five copies of the earlier judgment, was attached to the application.

    The judge added that since the 60 days within which the court was to determine pre-election cases has elapsed, the court no longer has jurisdiction to take any further steps.

    “If all the necessary documents that are supposed to have been brought are not brought, then the application is incompetent. The appellant only filed an appeal on only the lead judgment, leaving the judgment by other members of the panel.

    “The Supreme Court has no jurisdiction over the matter because anything that has to do with pre-election matter must be brought within 60 days after a decision had been delivered,’’ he said.

    Justice Rhodes-Vivour also held that the consequential order made was part of the pre-election matter and it was an abuse asking the apex court to review its judgment or orders.

    “We don’t seat on appeal over our own decision. We have no jurisdiction over this matter,’’ Justice Rhodes-Vivour declared.

    He thereafter proceeded to strike out the application.

    The APC had, in the application, prayed the court for “an order to review, amend, correct and or set aside the consequential order made by this court in its judgment in appeal No: SC/377/2019 delivered on Friday, the 24th day of May, 2019, particularly the consequential order ‘that candidates of the parties, other than the first appellant, with the highest votes and the required spread stand elected to the various offices that were contested for in Zamfara State in the 2019 general elections’ and in its place, a consequential order that a fresh election be conducted by the 179th respondent, the Independent National Electoral Commission (INEC) within the time specified into all the various elective positions in Zamfara State.”

    The applicants had, in support of the application, argued that Justices of the Supreme Court failed to take into consideration the provision of Section 77(2), 117(2), 132(5) and 187(5) of the 1999 Constitution of the Federal Republic of Nigeria, Article 13 of the African Charter on Human and Peoples Rights and the numerous extant decided in Garo v. Gwarzo (2008) 1LRECN p.297, paras C-E, among others.

    They argued that “at the hearing of and as manifested in the lead judgment, the Supreme Court completely disregarded the extant judgment of the Zamfara State High Court in suit No: ZMS/GS/52/2018, which gave legality to both the first applicant/appellant (APC) to present its candidates to the 179th respondent (INEC) and for the 179th respondent to conduct elections into the various elective offices in Zamfara State.

    “The consequential order made by this court in this appeal has made non-parties to the appeal to unjustifiably benefit from the outcome of the appeal contrary to the age-long decided authorities by this same court.”

  • Bayelsa-bound travellers kidnapped in Edo

    Gunmen have abducted three ladies travelling from Lagos State to Yenagoa, the Bayelsa State capital.

    The victims, identified as Okuboere, Seifefa and Amara, were reportedly abducted by suspected herdsmen along the Hausa-Fulani settlement in Okada, Edo State.

    Princess Grace, who resides in Bayelsa, identified the victims as her sisters-in-law and their friend from Abia State, Amara.

    Grace said the incident happened about 12 noon yesterday, adding that the assailants demanded N30 million to free them.

    Read Also: Gunmen kidnap four Turkish expatriates

    She said: “My sisters-in-law from Bayelsa State – Okuboere, Seiyefa and their friend Amara from Abia State, were kidnapped about 12 noon by suspected herdsmen on the Okada Road in Edo State. They were driving down from Lagos to Yenagoa with two children in the vehicle.

    “The culprits were said to have shot at them from the front and while they were trying to reverse, attacked them from behind.

    “They are from Saigbama in Bayelsa State, while their friend is from Arochukwu in Abia State. The children, age 12 and 4, were left in the car in the bush where the incident happened.

    “Last night, one of the victims called me to inform their parents that the kidnappers are demanding N30 million. Despite not having jobs, these girls have worked hard. One owns a small tailoring shop, the other sells drinks and the other supports her husband to raise two children. The police in Edo State have been contacted.”

  • Teacher arraigned for ‘caning’ pupil in Lagos

    Sare Olaleye, a 33-year-old secondary school teacher in Lagos, was yesterday arraigned at an Ogba Chief Magistrates’ Court, Lagos for allegedly caning a 16-year-old Senior Secondary School pupil and badly injuring his right eye.

    Olaleye, a resident of 22, Kokumo Street, County bus stop, Ogba, Lagos pleaded not guilty to a charge of assault.

    Prosecuting Assistant Superintendent of Police (ASP) Benson Emuerhi alleged that the teacher committed the offence on March 29 between 11am and 1pm at Camp David Academy, 7, Bodunrin Caulcrick Close, Ogba, Lagos.

    “The teacher was on duty supervising examinations at the school and had requested that SS1 and SS2 pupils should leave the hall before the beginning of their examination.

    Read Also: Cobbler arraigned for allegedly assaulting Uber driver

    “The defendant alleged that the complainant, Daniel Agboola, an SS1 student, had hit him while leaving the hall and Olaleye canned the student as punishment.

    “While the teacher was caning Agboola, the cane hit him in his right eye, leading to a serious injury which required surgery,” Emuerhi said.

    According to the prosecution, the offence contravened Section 173 of the Criminal Law of Lagos State 2015.

    Following the teacher’s arraignment, the Chief Magistrate, Mrs. Olufunke Sule-Amzat, granted the teacher N50, 000 bail with one surety in the like sum.

    She adjourned the case till October 21.

  • Court remands teacher for ‘defiling’ pupil

    28 year-old teacher, Idowu Daniel, was on Monday remanded in prison by an Ikeja Chief Magistrates’ Court for allegedly defiling a 17-year-old secondary school pupil.

    Chief Magistrate Olufunke Sule-Amzat, who did not take the defendant’s plea, ordered that he should be remanded in Kirikiri Prisons.

    She ordered the police to send the case file to the Director of Public Prosecutions (DPP) for advice.
    The defendant, who lives at Abule-Egba, Lagos, is facing a charge of defilement.

    Read Also: Police kill four teenage robbers in Edo

    Prosecuting Assistant Superintendent of Police (ASP) Benson Emuerhi told the court that the defendant on June 27 at 9:25am unlawfully had carnal knowledge of his pupil in the Biology Laboratory at Anastasia Comprehensive College, Abule-Egba, Ikeja.

    “The teacher lured the pupil to the Biology lab and forcefully had sexual intercourse with her,” the prosecutor alleged.

    According to him, the offence contravenes Section 137 of the Criminal Laws of Lagos State 2015.
    The case continues on October 21.

  • Command arraigns three cult suspects 

    The police in Ogun State on Monday arraigned three suspected cult members at an Ota Magistrates’ Court.

    The accused are John Paul, 19; Babatunde James, 28; and Tosin Yusuf, 22.

    They are facing trial on a two-count charge of membership of unlawful society and conspiracy, to which they pleaded not guilty.

    Prosecuting Sergeant Abdulkareem Mustapha said the accused and others at large committed the offences on July 4, at 2pm, at Kolas area, Cashier bus stop, Itele, Ota.

    He said the accused and others belonged to a secret society called “Aiye Confraternity”.

    Read Also: Police arrest five ‘armed robbers’, 72 ‘cultists

    Mustapha said the defendants had been creating fears in the minds of the community by carrying cutlass in the public.

    He said the offences contravened sections 5 and 80 of the Criminal Code, Laws of Ogun, 2006.

    Chief Magistrate Matthew Akinyemi, in his ruling, granted each of the defendants N200,000 bail with two sureties each in the like sum.

    He said the sureties must live within the court’s jurisdiction and be employed.

    He said the sureties should show evidence of tax payment to the Ogun State Government as part of the bail conditions.

    The case was adjourned till August 7.

  • Buhari, APC greet ex-governor

    President Muhammadu Buhari has sent warm felicitations to former Governor of Lagos State, Alhaji Lateef Kayode Jakande, who turns 90 today.

    The Lagos State chapter of the All Progressives Congress (APC) also congratulated the first civilian governor on his birthday.Buhari congratulated him for courage in pursuing a vibrant career in journalism and leaving a lasting legacy in politics and governance.

    The President, in a statement by the Special Adviser on Media and Publicity, Femi Adesina, joined family, friends, professional and political associates in celebrating the milestone with the former governor and Minister of Works, whose sacrifice and large-heartedness saw the implementation of many developmental projects in Lagos like free education and low cost housing, with many beneficiaries.

    The party described Jakande as a pacesetter in the development of the state, adding that Lagos is benefitting immensely from his enviable foresight.

    Its Publicity Secretary, Comrade Joe Igbokwe, said in a statement that the former governor’s social, economic and political feats have remained a reference point.

    Read Also: ‘Jakande will remain a reference point’

    He added: “The party sees Jakande as a man in peace with his environment after making the environment livable for the tens of millions of Lagosians, who are still savouring his legacies in all sectors of governance.

    “Alhaji Jakande is a hero of the development of Lagos and we see what Lagos is today as fruit of his foresight, which he brought into governance for the four years he was governor of the state.

    “His footprints in the educational, housing, transport, health, social investment sectors are still standing today as worthy testimonials to his governance credentials and are credible proof to the quality of leadership he provided for Lagos.

    “We celebrate Alhaji Jakande as a foremost progressive, whose commitment to the welfare of all Lagosians and Nigerians is beyond comparison.” We celebrate him as a living godfather of the Lagos success story and see him as a reference to all that is good and desirable with Lagos.

    “As he continues to celebrate his birthday, we pray that Alhaji Jakande still receives the special favour of God to be with us for many more years. We pray that his countless legacies in all spheres of leadership continue to remain with us and we pray that generations yet unborn get to know the history of this great man and his worthy contributions to Lagos and Nigeria.

    “Congratulations to Baba Kekere and may you live longer for us and indeed all Lagosians and Nigerians to continue celebrating you.”

  • Architect accused of impersonating ICPC official

    The police on Monday arraigned a 40-year-old architect, Idris Unkange, at a Wuse Zone II Magistrates’ Court for allegedly impersonating an official of the Independent Corrupt Practice and Other Related Offences Commission (ICPC).

    Unkange, who lives at Bamishi, Kuje Area Council, FCT, is charged with criminal breach of trust, impersonation and cheating.

    The prosecution counsel, A.S. Oyeyemi, told the court that the complainant, Mr. Job Andrew, who lives at Mopo Barracks, Deidei Abuja, reported the matter at the Criminal Investigation Department, FCT Command, on March 1.

    Oyeyemi alleged that on December 12, 2017, the defendant called the complainant on the phone and said the ICPC would be auctioning some vehicles and that he had “reserved” a Toyota Hilux (Pick-Up Van) for him.

    See Also: Two men ‘impersonate’ army, police officers

    He said the defendant deceitfully collected N500, 000 and diverted the money to his use.

    The prosecutor said when the defendant was arrested, he confessed to the crime during police investigation.

    He said the offence contravened sections 312, 322 and 132 of Penal Code.

    After the charges were read to him, he pleaded not guilty.

    Magistrate Fatima Abubakar admitted the defendant to N600, 000 bail with one surety in the like sum.

    She ordered that the surety, who must live within the jurisdiction of the court, must be a civil servant not below GL06.

    Abubakar adjourned the case till September 25.