Category: Law

  • Enugu: Court stops collection of fees for FSLC, BECE exams

    Enugu: Court stops collection of fees for FSLC, BECE exams

    An Enugu State High Court has issued an interlocutory injunction stopping the state Ministry of Education from imposing, demanding or collecting fees for basic education examinations in the state.

    The examinations include, Common Entrance Examination, First School Leaving Certificate Examination, State Uniform Examinations and the Basic Education Certificate Examination.

    Justice C.C Ani of the court’s Udenu Judicial Division while granting the prayers of the applicants on June 21, ruled that the state should cease from further imposition, demand, collection by force or extortion of various sums of money from primary 1 to JSS 3 classes in all public and private schools in the state pending the determination of the substantive suit.

    The plaintiff, Proprietors Association of Private Schools (PAPS) through its counsel, J. Ogbuka had in the main suit, 0B/22/2022, challenged the legality of the collection of the fees by the state government.

    Ogbuka argued that imposition, demand and extortion of various sums of money from basic education class pupils in the state for any of the mentioned examinations is not only unauthorised by any law in the state and therefore illegal, but also contrary to the trenchant provisions of the Compulsory Free Basic Education Act 2004 as well as the Child Rights Acts 2003 which are extant laws made by the National Assembly.

    He argued that the Common Entrance Examination, the FSLC, and the State Uniform Examination ceased to enjoy the force of Law with the introduction of the 9 3 4 system of Education in place of the obsolete 6 3 3 4 system of Education under the compulsory free Basic Education Policy of the Federal Government of Nigeria as provided under the UBEC Act 2004.

    The President of Proprietors Association of Private Schools (PAPS) Pastor Ejiofor Godwin, in an interview described the order as justice for parents and school proprietors who are unjustly forced to part with their hard earned money.

    He explained that: “Enugu State Ministry of Education, in 2019, introduced the Compulsory State Uniform Exam for all the private and public schools in addition to the Common Entrance and First School Leaving Certificate Examinations at huge cost for each of them which most private school proprietors did not receive with open arms.

    “To make the matter worse, the state Uniform Exam was made a condition for registering candidates for such national and external exams as BECE, NECO and SSCE or WAEC. The Uniform Exam puts a lot of pressure, stress, suffering and financial loss on both parents and proprietors of private schools in Enugu State.

  • Ogun land judicial commission seeks MDAs’ support

    Ogun land judicial commission seeks MDAs’ support

    The Ogun State Judicial Commission of Enquiry on Land Allocation and Documentations has asked for the cooperation and support of Ministries, Departments, and Agencies (MDAs) of government, to assist it in carrying out its responsibilities, towards achieving its set goals.

    Chairman of the Commission, Justice Solomon Olugbemi (Rtd.) made this appeal during a familiarisation meeting with the  Bureau of Lands and Survey, Ogun State Property and Investment Corporation (OPIC), and Ogun State Housing Corporation, at the Ministry of Justice Conference room, Oke-Mosan, Abeokuta.

    The Judicial Commission of Enquiry was recently set up by the Governor, Dapo Abiodun to unravel all illegal land transactions, identify all perpetrators in any discovered illegal land dealings, as well as receive and investigate general complaints from the public around land acquisition and documentation in the State.

    Justice Olugbemi noted that the commission was not established to witch-hunt anyone, but to find out facts and have a fair knowledge of their organograms and operational duties before the commencement of sitting.

    He, however, said it is expedient for the commission to familiarise itself with relevant agencies, to assist it when petitions are received, saying ’’as you are all Civil Servants who are efficient in your duty posts, your cooperation is needed for us to discharge our responsibilities and to bring out the reality.

    “The commission is not to witch-hunt anybody and we are assuring you that the interaction will be a friendly one”.

    He disclosed that a public sitting would come up soon, advising aggrieved parties to send hard copies of their petitions to the Ministry of Justice Conference Room, Oke-Mosan, Abeokuta, while soft copies are to be forwarded to the Commission’s email address; ogunjudcomlands@gmail.com.

    In a related development, Justice Olugbemi reaffirmed that the commission intends to keep with its terms of reference, saying the contributions of MDAs would enable the commission to deliver at a record time.

    He revealed this while taking the turn of the Ministries of Housing, Physical Planning and Urban Development and Internal Revenue Service, at Oke-Mosan, Abeokuta, adding that the commission is committed to effective service delivery making suggestions and recommendations that would assist the state government in all other related matters.

    Meanwhile, Secretary of the Commission, James Mafe said the commission had fixed dates of visit for concerned agencies to interact with them, noting two petitions have been received so far.

  • Defendant barred from parading self as Regun family head

    Defendant barred from parading self as Regun family head

    The Lagos State High Court sitting in Ikorodu has restrained Alhaji Jamiu Shittu from holding himself out as the Head of Regun Family of Ikorodu, Lagos.

    Justice Adeniyi Pokanu, who granted the interlocutory order, held that it subsists pending the determination of a suit filed by two claimants, Chief Kameeel Adisa Dada and Hon. Gbenga Oshin.

    The Ayangbure of Ikorodu, Oba Kabir Adewale Shotebi, and Shittu are the first and second defendants in the suit marked Suit IKD/87380CM/2022.

    The Claimants/Applicants through their counsel Yemi Okewoye approached the court via an April 20, 2022 Motion on Notice.

    They prayed for three reliefs, including an injunction restraining the 1st Defendant from removing the 1st Claimant as the Head of Regun Family and Regun of Ikorodu.

    “An order of injunction restraining the 2nd Defendant from parading himself or holding himself out as the Head of Regun Family of Ikorodu.”

    Yemi Okewoye submitted that considering the affidavit evidence and exhibits, more justice will be done in granting the application of the claimants, adding that the balance of convenience is on side of the Claimants/Applicants.

    Olatunji Osikoya represented the defendants.

    Justice Pokanu, while dismissing the Preliminary Objection filed by the Defendants, granted the prayers for injunction.

    The judge held: “This application therefore, succeeds and I hereby order as follows: an order of interlocutory injunction restraining the 2nd Defendant from parading himself or holding himself out as the Head of Regun Family of Ikorodu pending the final determination of this suit is hereby granted.

    “Parties are mandated to maintain status quo ante bellum pending the final determination of this suit i.e. state of affairs duly recognised by the Court of Appeal in its Judgment in Appeal No: CA/L/111/2003 delivered on April 27, 2007 and recognised by this Court as at 27th of April, 2022 when this Court gave injunctive orders restraining the Defendants.

    “The Claimants shall enter an undertaking as to damages within seven days from today. I so rule.”

     

     

     

  • Court orders defendant’s arrest over alleged N100m fraud

    Court orders defendant’s arrest over alleged N100m fraud

    The Lagos High Court, sitting at the Tafawa Balewa Square (TBS) has issued a bench warrant against a defendant, Ibukun Fakaye, following his alleged failure to appear before the court to answer charges of forgery and fraud of N100 million.

    The Police, through the Office of the Inspector-General (IGP), dragged the defendant before the court on a two-count charge marked LD/18274c/2022.

    Justice Serifat Sonaike issued the bench warrant following an application by prosecution counsel Morufu Animashaun, a Legal Officer in the Force Criminal Investigation Department (ForceCID).

    Animashaun told the court that the defendant, a resident of D. 16, Ekoland, Kofo Abayomi Street, Victoria Island, Lagos, had consistently refused to appear before the court since the charge was filed and served on him.

    According to him, without an order of court for the arrest of the defendant, he would never attend court to take his plea on the charges.

    Justice Sonaike, after granting the application, adjourned till September 21, 2022, for the defendant’s arraignment.

    Animashaun alleged in the charge that the defendant, sometime in January this year, forged the signature of one Late Honourable S. A. Banjo, the Family Head of the Oguntade Royal family and the family’s letterhead, with the intent that it may be used or acted upon as genuine.

    The defendant was also accused of stealing the sum of N100 million belonging to the Oguntade Royal family.

    The offences according to the prosecution, contravened sections 361(1)(a) and 278(1)(b) and were punishable under sections 363(3)(a) and 285(5)(a) of the Criminal Law of Lagos State, 2011.

     

  • UN Human Rights Council appoints Olawuyi Africa rep

    UN Human Rights Council appoints Olawuyi Africa rep

    The United Nations Human Rights Council has appointed a Prof of Energy Law, Damilola Olawuyi, SAN, to serve as an independent expert on the UN Working Group on Business and Human Rights.

    Olawuyi was appointed Africa’s representative on the UN body, at the just-concluded 50th Regular Session of the Council, established in 2011 through UN Resolution 17/4.

    Olawuyi, who is also the Deputy Vice Chancellor, Afe Babalola University, Ado Ekiti, was named by the Council’s President, Ambassador Federico Villegas.

    The don will thus begin a six-year mandate as Africa’s representative on the prestigious body, a position most recently occupied by former Attorney-General of Kenya, Mr. Githu Muigai.

    The working group on the issue of human rights and transnational corporations and other business enterprises, also referred to as the Working Group on Business and Human Rights, comprises five accomplished independent experts drawn from different world regions.

    Olawuyi, 38, is one of the youngest mandate holders ever appointed by the UN.

    Speaking on his appointment, he said “It is an absolute privilege and honour to have been appointed by the United Nations to serve on this important Working Group.

    ”Our working group has the key mandate of assisting business enterprises in implementing this obligation, while also working with national authorities to develop national legislation, action plans and safeguards to hold defaulting entities to account.”

    He also thanked the President of the UN Human Rights Council for the confidence reposed in him and look forward to working with other members of the Working Group to advance the important work of deepening a culture of human rights in business activities and investments worldwide.

  • AOCOED deputy registrar reinstated

    AOCOED deputy registrar reinstated

    The National Industrial Court of Nigeria (NICN), Lagos Division, has ordered the immediate reinstatement of Bola Disu to his substantive position as deputy registrar of Lagos State University of Education (formerly Adeniran Ogunsanya College of Education) Otto, Ijanikin, Lagos State.

    Justice Elizabeth Orji, while delivering judgment in the suit filed by Disu through his counsel. O.A Orewale and Kehinde Takuro also ordered “the immediate payment of all salaries and allowances due to the claimant with any increment there on from the date of compulsory retirement up to the date of reinstatement.”

    The court, headed by Justice Elizabeth Orji, also granted other reliefs sought by the former registrar which included the payment of all his entitlements since his purported compulsory retirement on August 31, 2016.

    The industrial court declared that the university’s  disciplinary committees set up to look into the matters relating to Mr. Disu, in the eyes of the law, constituted themselves into the claimant’s accusers and judges in their own case.

    The court, therefore, nullified the decision arrived at, saying it was ultra vires the powers of the institution, adding that it deprived the claimant of fair hearing.

    Justice Orji observed that same individuals’ names sat concurrently on all the investigative and trial committees and declared that such composition was prejudicial to Disu’s case before them.

    The  court further held that the appropriate procedure was not complied with before the claimant was retired.

    According to Justice Orji, “the retroactive nature of the purported compulsory retirement of the claimant- Mr. Disu – vide a letter dated 31st of August 2016 by the defendants is in breach of the provision of chapter 3 of the Senior Staff Conditions of Service of the 1st Defendant, Section 32 of Lagos State College of Education Law, Chapter L11 Laws of Lagos State 2003, Lagos State Public Service Rules 2015 and the claimants constitutional right of fair hearing and therefore “unlawful, null and void.”

    On the defendants’ counter-claim, filed through their counsels,. Malachy Ugwummadu and Opeyemi Adeoye, the court held that “they are not so entitled among other reasons, for having already officially represented it as duly retired.

    “The counter claim therefore fails and is dismissed”, Justice Orji said.

    The former registrar had approached the industrial court that he was not given a fair hearing in an orchestrated arrangement to deprive him of his means of livelihood.

    He urged the court to order his reinstatement to his substantive position as a deputy registrar of the institution and order the payment of all his entitlements to date.

  • The way of Supreme Court Justices

    The way of Supreme Court Justices

    Legal historians speak about the golden era of the Supreme Court with nostalgia.

    It was a time when the highest court was composed of first-class jurists. Their verdicts were predictable.

    They promoted justice over technicalities, and their sense of fairness and intellect shone through in their erudite decisions.

    It was the days of legal giants like Justice Kayode Eso, Justice Chukwudifu Oputa, Justice Otutu Obaseki and Justice Chuwkueneike Idigbe.

    Years after they are long gone, they remain reference points in the annals of the Nigerian judiciary.

    Can that be said of the Supreme Court today? Recent verdicts have sent shockwaves through the system and left Nigerians scratching their heads.

    Some of the major verdicts readily come to mind.

    • Exclusion of the All Progressives Congress (APC) from fielding candidates in Rivers State during the 2019 general elections.
    • Nullification APC’s victory in the Zamfara election and transferring it to the Peoples Democratic Party (PDP) due to alleged irregularities in the party’s primaries
    • Imo governorship election case in which a candidate, Hope Uzodimma, who came third was declared the winner.
    • The decision that the fiat issued to Justice Mohammed Idris to conclude the adjudication of the case of former Abia State Governor Orji Uzor Kalu, who was convicted after over a decade of trial, on the basis that the judge continued with the case after being elevated to the Court of Appeal was “a nullity”.
    • Controversial decision on the Hijab case in which the panel was sharply divided along religious lines.

    Lower standards?

    Unlike in the good old days, it is difficult to determine the philosophical disposition of the present Supreme Court justices.

    Justices of the United States Supreme Court, for instance, can easily be classed as either conservatives or liberals in their orientation.

    But, a Senior Advocate of Nigeria (SAN), who preferred not to be named due to the sensitive nature of the subject, believed that the present Supreme Court Justices of Nigeria lack clear and identifiable convictions.

    The SAN said: “There is no question that the Supreme Court is at its lowest point since the court was established.

    “The philosophy of the court is hard to establish and the Justices, with the greatest respect, deliver very basic judgements.

    “This is why most of the Justices have not established a national presence. This calls to mind the era of the ideological Supreme Court that was known for judicial activism.

    “One remembers the Aniagolu’s, Eso’s, Idigbe’s, Oputa’s, etc. There are simply few Justices of the Supreme Court that one can say has an understanding of the nature and importance of the court.

    “Just reading the decision of the Supreme Court on the funding structure of the Judiciary makes one wonder if their lordships understood the policy issues.

    “The Supreme Court needs to refresh by taking in barristers from the Bar. Recall that Wole Olanipekun, OCJ Okocha, AB Mahmoud, Anthony Idigbe, Olisa Agbakoba, and others, were all rejected as potential Justices of the court.

    “One wonders what would have become of the court if these first-class barristers sat on the court with their combined experience of well over 150 years.

    “This was a great loss. This is the time to restore the lost glory of the court.”

    Another SAN, who also pleaded not to be named, said: “In my assessment of the justices, from their days at the Court of Appeal and at the Supreme Court, it does not appear that any of them can be located within the confines of any of the prominent juridical philosophies of liberalism, conservatism or Dworkin theory of justice according to morality.

    “It will, therefore, be simply contended that they have all pursued justice from the prism of law as it is whilst emphasising procedural rigidity in oscillating methodology.

    “Without wholly denying their progressive disposition to judicial interpretation of the law, it does seem that they, apart from Nweze, JSC, have never seen the court as a law-making institution through the cases.

    “I will not share the optimism that judicial activism as erected and pursued by Eso, Oputa, Bello JJSC, is still alive at the court at the moment, but I must concede that their oxygen to enthrone justice is on their slate.”

    Cn the Supreme Court’s lost glory be restored? Will the present Justices change the narrative going forward? Here is a profile of the current Justices and what they are like.

     

    Justice Olukayode Ariwoola

    On the court since: November 22, 2011, to retire on August 22, 2024.

    How he got to the court: Born August 22, 1954, Justice Ariwoola, from Oyo State, studied law at the University of Ife (now Obafemi Awolowo University), Ile Ife and graduated in July 1980. He was sworn in as a judge of the High Court of Oyo State on November 2, 1992, after some years in private legal practice. On November 22, 2005, he was sworn in as a Justice of the Court of Appeal.

    Who he is as a Justice: He headed the seven-member panel of the Supreme Court that reversed the decision by the Lagos State Government to regulate the use of head covering (hijab) by female Muslim students in public schools in the state. Justice Ariwoola was one of the five Muslims on the panel. The two Christian members disagreed.

    Justice Ariwoola also headed the five-member panel that dismissed the appeal filed by former Transportation Minister, Rotimi Amaechi against the decision of the Rivers State governor, Nyesom Wike to set up a panel to probe the former minister’s administration.

    A Senior Advocate of Nigeria (SAN), Toyin Bashorun, said of Justice Ariwoola: “I have known the honourable justice through my interactions with him at the Supreme Court and from reading his decisions in the Law Reports to be an erudite judge, a cerebral gentleman with a human face.

    “He is a father figure who strives to ensure that justice is served at all times. He was among the panel of five Supreme Court Justices who presided over the case of Tajudeen Kareem vs. State sometime in 2015, wherein I had the fiat of the honourable Attorney General of Ogun State to act for the State and Mr Adewunmi Ogunsanya (SAN) acted for the accused person/appellant.

    “It was a case of rape and murder. I experienced the maturity and brilliance of my Lord in this matter all through from the argument of the appeal to the delivery of judgement.

    “My lord made his point without lambasting or castigating counsel at all. Again in the case of Tega Esabunor & another Vs Tunde Faweya & ors ( 2019) my Lord Justice Ariwoola wrote a supporting decision together with Hon Justice Nweze that established the justiciability of the rights of a child. My Lord Justice Olabode Rhodes-Vivour wrote the lead judgement in the case.

    “I am always elated whenever he is on the panel of judges presiding at the hearing of my appeals at the Supreme Court. He asks questions which tell you that he had read through the briefs and the records so that it is impossible to ‘pull wool over his eyes’.

    “He is quite experienced at the higher bench and I dare say his era at the helm of affairs in the Supreme Court will be something of a renaissance for the Supreme Court at this trying period.”

    A law teacher, Wahab Shittu, said of Justice Ariwoola: “He has a matured and dignified approach in the conduct of proceedings. Very polite, cultured and civil, His lordship consults his colleagues consistently before making judicial pronouncements in the course of proceedings. His lordship guides counsel in the course of proceedings and is obsessed with the theory of justice. His lordship’s style is simple, open and non-confrontational. Counsel who appear and watch His Lordship’s proceedings are guaranteed to walk away with enriched mastery of practice and procedures in the Supreme Court.”

     

    Justice Musa Datijo Muhammad

    On the court since: July 2012, to retire October 27, 2023.

    How he got to the court: Muhammad was born on October 27, 1953 in Minna, Niger State. He attended Bayero University, Kano State for a pre-degree Certificate before he proceeded to Ahmadu Bello University where he obtained a law degree in 1976. He later received a master’s degree in law from the University of Warwick in 1983.

    What he is as a Justice: He presided over the ruling of the Supreme Court that affirmed Gbenga Kaka as the Senator-elect of Ogun East Senatorial District on April 2, 2011, senatorial election.

    Shittu said of him: “Justice Muhammad is a highly experienced, disciplined and integrity-driven judicial official with a serious-minded disposition in the conduct of judicial proceedings.

    “Counsel appearing before His lordship is advised to be fully prepared as consequences of lack of preparation and shoddy conduct of cases by counsel are better imagined than described. His lordship is a stickler for rules and ethics.

    “His lordship takes adherence to professional standards and integrity very seriously. His lordship takes adherence to substantive law and procedural matters very seriously and is unlikely to be unsparing of counsel who addresses these matters with lethargy. His lordship has complete mastery and control of courtroom proceedings.”

    Bashorun added: “My lord is a gifted writer who always philosophises his reasonings. He introduced his reasoning in the Tajudeen Kareem case I referred to above by wondering out loud about the cruelty of man to his fellow man; in that the accused not only raped the victim, he slit her throat when he realised she recognised him. My Lord’s analysis of the case was most precise. He is God-fearing and a no-nonsense Judge.”

     

    Justice Kudirat Kekere-Ekun

    On the court since: June 8, 2013, to retire on May 7, 2028

    How she got on the court: Justice Kekere-Ekun, born in Lagos on May 7, 1958, obtained her LL.B in 1980 from the University of Lagos and LL.M from the London School of Economics and Political Science in November 1983. She was appointed a Senior Magistrate Grade II, Lagos State Judiciary in December 1989. She was appointed as a Judge of the High Court of Lagos State in July 1996 and elevated to Court of Appeal on September 22, 2004.

    How she is as  a Justice: She read the unanimous judgment of the seven-member panel that held that results for Hope Uzodimma in 388 polling units in the 2019 Imo governorship election were unlawfully excluded during collation. She wrote the lead majority judgment delivered on June 17 on the Hijab case.

    Bashorun said of her: “She is easily my favourite female Judge in the Supreme Court, apart from Hon Justice Amina Augie, who taught me the Law of Evidence at the Nigerian Law School. She continues to be a guide to me in the profession.

    “I have always known her to be focused and hardworking, hence my great admiration of her. She handles the law proficiently like a sculptor and quite precisely too.

    “Only recently in the case of Yusuf Abdul Kareem vs. FRN (2022), my Lord in her lead judgement reached a swift and precise decision, which allowed an accused person who had been wrongly incarcerated for over 10 years to be set free immediately without wasting more time.

    “Even though she is a Lady of talents and candour, Madam Justice will never hesitate to reprimand any counsel (Big, mighty or small) who is out of line, either on the bench or outside the courtroom. She has been a woman of integrity for as long as I can remember. Nigeria is blessed to have these erudite jurists at her apex court at this time in her history.”

    Shittu said about her: “Justice Kekere-Ekun is generally acknowledged as serious-minded, disciplined, focused, honest, integrity-driven and highly respected judicial officer. His lordship rarely intervenes in the conduct of judicial proceedings and betrays no emotions but is highly focused on the theory of justice. Generally adjudged incorruptible and decent, His lordship commands the respect of the rank and file on account of carriage, dignity and professional honour.

    “His lordship is respected for knowledge, learning and character. His lordship always brings to the conduct of proceedings calmness, simplicity, candour and commitment to professional standards and high discipline. His lordship is both a delight and treasure in carriage and disposition within and outside courtroom proceedings.”

     

    Justice Chima Centus Nweze

    On the court since: October 2014, to retire on September 25, 2028

    How he got on the court: Justice Nweze was born on September 25, 1958, in Enugu State. He studied law at the University of Nigeria, Enugu Campus, during which he represented all Nigerian law faculties at the Phillip Jessup International Law Moot Court Competition in Washington DC as the Chief Oralist. He graduated in 1983. He obtained a Master of Law in 2001 and subsequently a Ph.D. from the university. He joined the Enugu State High Court in November 1995 and was appointed to the Court of Appeal in 2008.

    How he is as a Justice: Justice Nweze is perceived as one of the most intellectually-sagacious jurists of the Supreme Court. He notably gave a dissenting judgment in the Imo case, saying it will “continue to haunt our electoral jurisprudence for a long time to come”.

    Justice Nweze held that the apex court had the power to overrule itself as has been done so in the past.

    “This court has a duty of redeeming its image. It is against this background that the finality of the court cannot extinguish the right of any person,” he said.

    Shittu said: “Hon Justice Nweze is generally acknowledged as the intellectual powerhouse, deeply cerebral and scholarly in judicial pronouncements. His lordship distils issues with clinical intellectual lenses and engages counsel frontally based on well-informed perspectives. His lordship’s approach is professorial and jurisprudential. His lordship’s judgements are deep, well-reasoned, analytical and scholarly in the best tradition of a jurist obsessed with the jurisprudence of ‘thinking of thinking’. In my view, His lordship is a jurist/scholar on the supreme court bench.”

     

    Justice Amina Augie

    On the court since: November 7, 2016, to retire on September 3, 2023.

    How she got on the court: Justice Augie is the sixth female to be so appointed in the history of the nation’s apex court. She was born Anne Eva Graham on September 3, 1953 in Kebbi State. She studied law at the University of Ife (now Obafemi Awolowo University) from 1972 to 1977. She obtained further degrees from the Ahmadu Bello University, Zaria from 1980 to 1981 and the University of Lagos from 1986 to 1987. Between 1980 and 1982, she had a stint with the Ahmadu Bello University, Zaria as an Assistant Lecturer. From 1982 to 1984, she served as a Senior State Counsel in the Office of the Chief Counsel to the then President, Alhaji Shehu Shagari, after which, she was appointed Lecturer by the Nigerian Law School, Lagos, where she served between 1984 and 1988. She was appointed Chief Magistrate in the Sokoto State Judiciary in 1988. She combined her service at the Bench with being a part-time lecturer at the Faculty of Law, Uthman Danfodio University, Sokoto from 1989 to 1992. She served as an Associate Lecturer at the same university from September 1999 to September 2002. Justice Augie was elevated to the Court of Appeal Bench in 2002.

    How she is as a Justice: One of her memorable decisions is her lead judgment in the February 26, 2020 ruling of the Supreme Court dismissing the applications by the APC and its governorship candidate in the last governorship election in Bayelsa State, David Lyon.

    The APC and Lyon had, by their applications, prayed the apex court to review its February 13, 2020 judgment in the appeal marked: SC/1/2020 in which it reversed APC’s victory in the Bayelsa State governorship election.

    Justice Augie did not only dismiss the applications because they lacked merit, she penalised the lawyers, Afe Babalola (SAN) and Wole Olanipekun (SAN), who were ordered to pay each of the respondents – the Peoples Democratic Party, Governor Douye Diri and his deputy – N10million each in cost.

    Justice Augie, who is seen by many as a strict judicial officer and a stickler for rules, exhibited these attributes in her lead decision in the Bayelsa case when, in reference to the conduct of the two senior lawyers to the applicants, she said: “I cannot believe, and with tears in my eye, I say I cannot believe that in my lifetime, I will see very senior members of the Bar, bring applications of this nature to this court, which are aimed at desecrating the sanctity of this court.”

    Justice Augie was also part of the seven-member panel of the Supreme Court that rejected President Muhammadu Buhari’s suit against the provision of Section 84(12) of the Electoral Act 2022.

     

    Justice John Inyang Okoro

    On the court since: November 15, 2013, to retire on July 11, 2029.

    How he got on the court: An indigene of Akwa Ibom State, Justice Okoro was born on July 7, 1959. He was a judge of the High Court of Akwa-Ibom State from 1998 till 2006 when he was appointed a Justice of the Court of Appeal. He was one of the two Justices of the Supreme Court arrested by the State Security Services (SSS) on October 8, 2016 on allegations of bribery and corruption. Unlike his other colleague, Justice Sylvanus Ngwuta (now late), who was charged, Justice Okoro was never taken before any court. The SSS later cleared him and he resumed his duties at the apex court subsequently on June 3, 2017.

    How he is as a Justice: But for Justice Okoro and three others, Governor Rotimi Akeredolu of Ondo State would have been out of office by now. Justice Okoro was one of the four Justices who dismissed the appeal by the PDP and its candidate in the last governorship election in Ondo State, Eyitayo Jegede.

    Jegede had, in the case marked: SC/448/2021 faulted the nomination of Akeredolu for the election on the grounds that the then APC chairman, Mai Mala Buni, who signed Akeredolu’s nomination form, was a sitting governor of Yobe State, and thereby allegedly violating the provision of the constitution of the APC.

    While Justice Peter Odili (now retired), who headed the seven-member panel, upheld Jegede’s contention in her judgment, supported by two other Justices, Okoro and three others gave the majority decision, which faulted the case of the PDP and its candidate because Buni was not made a party and, thus denied a fair hearing.

    He is seen as one of the few vocal members of the apex court’s bench, and an avid advocate of judicial independence.

     

    Justice Uwani Musa Abba-Aji

    On the court since: January 8, 2019, to retire on November 7, 2026.

    How she got on the court: Justice Abba-Aji, from Yobe State, became the seventh woman to sit on the Supreme Court Bench and the second from the North East region after Justice Clara Bata Ogunbiyi (from Borno State and now retired). She was born in November 7, 1956. She obtained a diploma in Law from the Institute of Administration, Ahmadu Bello University, Zaria between 1974 and 1976 and later studied Law in 1980. She was appointed as State Counsel in 1982 and became Acting Senior Counsel in 1984, Senior Magistrate II in 1986, Senior Magistrate I in 1987, Chief Magistrate II in 1989, Chief Magistrate I in 1991, and Chief Registrar in November 1991.

    Abba-Aji made history when she was, on December 18, 1991 appointed a judge of the High Court of Yobe State, making her the first female judge on the state’s Bench. She was elevated to the Court of Appeal on 22 September 22, 2004.

    How she is as a Justice: Her Lordshop was the only woman in the seven-member panel that heard the appeal by the PDP and its candidate in the last presidential election, in which they challenged the victory secured by the APC and its candidate, President Muhammadu Buhari.

    The panel was unanimous in dismissing the appeal in its judgment on October 30, 2019 in the appeal marked: SC/1211:2019.

    She was also one of the six Justices out of seven, who on March 4, 2020, rejected the application by the PDP and Emeka Ihedioha for the Supreme Court to review its decision which made Hope Uzodinma of the APC the governor of Imo State. It was only Justice Nweze who dissented.

     

    Justice Mohammed Lawal Garba

    On the court since: October 2020, to retire November 11, 2028.

    Justice Garba, from Zamfara State, obtained a Law degree from the Ahmadu Bello University, Zaria. He was a judge of the Sokoto State High Court, became the court’s Chief Judge and later moved to Zamfara State, where he also served as the Chief Judge before moving to the Federal High Court, from where he was elevated to the Court of Appeal.

    How he is as a Justice: He served as the Chairman of the Presidential Elections Petitions Tribunal for 2019, before his promotion to the Supreme Court. He is seen by many as a calm judge, who possesses the rare ability to tolerate lawyers’ antics. This attribute, they said, he demonstrated well when he presided over the tribunal that decided the petition by the PDP and Atiku against the APC and President Buhari after the 2019 presidential election. He was then a Justice of the Court of Appeal.

    He is also an advocate of an independent and virile Judiciary. He believes the Judiciary is “expected to put a check and hold a balance between the arms of government, the government and the governed, the ‘big and small,’ the rich and the poor, the ‘common and the uncommon men,’ the ordinary and extra-ordinary, etc., in the society…”

    He added: “However, for the court to be in a position to efficiently and effectively discharge its duty of safeguarding, protecting, defending and ensuring compliance with the provisions of the Constitution, as its guardian, it has to be virile, bold, dynamic, astute, upright, courageous, just, honourable, respectable and independent of external interferences and undue influence.”

    Justice Garba was a member of the panel that faulted President Buhari and the AGF in their challenge of the provision of Section 84(12) of the Electoral Act 2022 by striking out the case.

    The seven-member panel was emphatic that the law does not permit President Buhari to approbate and reprobate on the same issue at the same time, and that since he participated in enacting the Electoral Act by assenting to it, he could no longer question its legitimacy.

     

    Justice Emmanuel Agim

    On the court since: October 2020, to retire April 26, 2030

    Born April 26, 1960, in Obudu, Cross River State Nigeria. He obtained a degree in Lagos at the University of Calabar and a Masters in Law from the University of Wolverhampton, United Kingdom.

    How he got on the court: Agim is a jurist, public prosecutor, private legal practitioner, legal writer, judicial trainer and administrator. He was the Chief Judge of the Gambia and Judge of the Supreme Court of the Gambia. He is a member of the ECOWAS Council of Chief of Justices. He also served on the Court of Appeal of the Republic of the Gambia and as Acting Chief Justice. From 2010 to 2014, Justice Agim was Justice of the Supreme Court Swaziland.

    How he is as a Justice: Upon his return to Nigeria at the end of his sojourn abroad, Justice Agim was sworn in as a Justice of the Court of Appeal on November 5, 2012. On May 30, 2019, Justice Agim led the Court of Appeal panel that set aside the judgment of the High Court of the Federal Capital Territory (FCT) given by Justice Othman Musa, which voided Ademola Adeleke’s candidacy for Osun election. In a unanimous judgment by a three-man panel, the Court of Appeal held that the FCT High Court was wrong to have concluded that Adeleke did not complete secondary education and that he presented a false academic certificate. He also read the lead judgment on May 6 that resolved the ownership dispute of 17 oil wells in favour of Rivers State.

     

    Justice Adamu Jauro

    On the court since: October 2020, to retire June 26, 2029.

    How he got on the court: Born on June 26, 1959, in Gombe State, he obtained a degree in Law from the Ahmadu Bello University, in 1980. He joined the Ministry of Justice in Bauchi State in 1983, and later moved to Ahmadu Bello University on secondment as Assistant Lecturer and later rejoined the Ministry of Justice, Bauchi State. He was in active service in the prosecution department and rose to the rank of Director of Public Prosecution from 1991 to 1996 before he left for the newly created Gombe State. He served in various capacities at the Gombe State Judiciary and was appointed a Judge of the High Court of Gombe State until 2007 when he was elevated to the Court of Appeal. He served in various Divisions of the court including Lagos, Ibadan, Jos, Port Harcourt, Yola. He also holds a Master’s degree in Law from the University of Jos.

    How he is a Justice: He led the seven-member panel of justices that dismissed an appeal by former minister of transportation Rotimi Amaechi seeking to stop his probe over an alleged N96 billion fraud. He dismissed the appeal for lacking in merit.

    He read the lead judgment dismissing an appeal filed by a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dakuku Peterside, seeking to set aside N6 billion damages awarded against him for defaming the character of a former governor of Rivers State, Peter Odili.

     

    Justice Tijjani Abubakar

    On the court since: October 2020, to retire on April 15, 2030.

    How he got on the court: Born on April 15, 1960, in Yobe State, Justice Abubakar is a 1982 law graduate of the University of Maiduguri. He began his legal career as a Pupil State Counsel in the Borno State Ministry of Justice in 1982 and rose to the position of Principal State Counsel in 1988. He was appointed a Judge of the Federal High Court in 2004. Eight years later, he became a Justice of the Court of Appeal. He was serving in the Lagos Division of the appellate court until his appointment as Justice of the Supreme Court.

    How he is as a Justice: He had a solid background in public service as Permanent Secretary and Attorney General and Commissioner for Justice of Yobe State. Some of the landmark judgments delivered by Justice Abubakar included one in which the Supreme Court restored GTB’s appeal against Innoson Motors in a N2.4bn judgment debt. Relying on Order 8 Rules 16 of the Supreme Court’s rules, Justice Abubakar, in a rare lead judgment, held that the apex court has the power to set aside its decision in certain circumstances, like any other court.

    He explained that the Supreme Court could reverse itself where there was any reason to do so, such as where any of the parties obtained judgment by fraud, default or deceit, where such a decision was a nullity, or where it was obvious that the court was misled into giving a decision.

    In the case of the Federal Director of Pensions, John Yusuf, Justice Abubakar affirmed the Court of Appeal judgment sentencing him to six years imprisonment for misappropriating N22.9bn Police pension fund.

    He was also one of the Supreme Court Justices that ruled in June that Muslim female students can wear hijab to school.

    An author and writer, Justice Abubakar alongside Gilbert and Tor, was the author of a publication, “Revisiting the Legal Consideration for Retinue of Crimes In The Criminal Justice Process in Nigeria” published in the Benue State University Law Journal.

     

    Justice Helen Ogunwumiju

    On the court since: October 13, 2020, to retire on March 23, 2027.

    How she got to the court: Born March 23, 1957, Ogunwumiju graduated from the University of Lagos in 1977. She worked in the Ondo State Ministry of Justice as a state counsel for two years. She went on to work with the Legal Aid Council of Nigeria and rose to become Assistant Director in 1988.

    In 1991, Ogunwumiju joined the Judiciary, advancing through the ranks as Chief Magistrate; Secretary, Judicial Service Commission, Oyo State; Probate Registrar and Chief Registrar, Oyo State in 1997. In 1998, she was elevated to the High Court of Ondo State, Nigeria, and was later elevated to the Court of Appeal, Nigeria in 2005. From 2013, she was the Presiding Justice, Court of Appeal, Enugu Division.

    What she is as a justice: Justice Helen Ogunwumiju can be described as a fearless activist and anti-corruption crusader on the apex court bench. A stickler for rule and advocate of judges taking charge of their courts, the jurist last October challenged law teachers in universities to be free to analyse and criticise judgments being churned out by the Supreme Court, saying it would be good for the development of law in the country, as the law is not static.

    “When judgments are good, they are supposed to commend the judges, and when judgments are per incuriam, they are supposed to criticise the judges,” Justice Ogunwumiju said.

    She is also passionately against religious discrimination.

    Speaking at a symposium by the International Centre for Law and Religion Studies, Justice Ogunwumiju said she felt very strongly that religious people should not be discriminated against or treated poorly based on their beliefs and values, both inside and outside of their religions.

     

    Justice Abdu Aboki

    On the court since: October 13, 2020, to retire on August 5, 2022

    How he got to the court: Aboki was born on August 5, 1952 in Kano State. He attended the Ahmadu Bello University, Zaria and the University of Washington, Seattle, USA. He was called to the Nigerian Bar in 1977 and started his career as a Legal Officer with the Kano Civil Service after his NYSC in 1978.

    Aboki was appointed State Counsel, Ministry of Justice, Kano between 1978-82, and was Principal State Counsel between 1982 and 83. Before his elevation to Chief Registrar, High Court of Justice, Kano State, Aboki served as Solicitor General/ Permanent Secretary, as well as Director, Public Prosecution, Ministry of Justice, Kano State.

    In 1987 he was appointed a Judge of the High Court of Kano State and Justice of the Court of Appeal in 2006, where he served in various divisions of the court before his recent elevation to the Supreme Court.

    What he as a justice: Justice Aboki came under public scrutiny when he was mentioned in connection with a petition on the Imo North Senatorial District bye-election Election conducted on October 5 2020.

    But the Supreme Court on March, 26, 2021 said the jurist was not mentioned in the petition, adding that linking him to the petition was an attempt at an “orchestrated mudslinging.’

     

    Justice Ibrahim Saulawa

    On the court since: October 13, 2020, to retire on September 29, 2026

    How he got to the court: Justice Saulawa from Katsina State, was born on September 29, 1956. He obtained an LLB degree from Bayero University, Kano in 1981 and a postgraduate certificate in Practice and Procedure, and Legislative Drafting from the Nigerian Institute of Advanced Legal Studies. He holds a Certificate of Instruction for Legal Practitioners (Arbitration) from Harvard Law School, MA, USA.

    Justice Saulawa became a Magistrate on Grade II at the Kaduna State Judiciary in 1983 and later as Chief Magistrate in Katsina State Judiciary in 1987.

    However, in 1991, he was appointed as Deputy Chief Registrar, Court of Appeal and served in the Lagos, Jos and Kaduna Divisions of the Court.

    In 1993, he was appointed as substantive Registrar, Court of Appeal, Lagos and a Judge, High Court of Justice, Katsina State in 1994.

    However, he returned to the Court of Appeal in 2006 but this time as a Justice of the Court of Appeal. He has served in the various Divisions of the court. He was the Presiding Justice of the Ilorin Division before his nomination to the Supreme Court Bench.

    What he as a justice: As a Justice of the Court of Appeal, Lagos, Justice Saulawa, hugged the limelight when on May 30, 2013, he withdrew from the three-man judges’ panel hearing the appeal filed by Hamza Al-Mustapha, challenging his death sentence for the murder of Kudirat Abiola.

    Justice Saulawa, who led two other judges – Joseph Ikyegh and Fatima Akinbami- on the panel, said his experience in a previous “similar case” was the reason for his stepping down.

    The judge, however, did not elaborate on his “personal reasons” for withdrawing from the case.

    Chief Louis Alozie (SAN), who has appeared before the justices, described them as “articulate, intelligent and knowledgeable in the law and rules of court”.

    A former Nigerian Bar Association (NBA) President Dr Agbokoba urged the Supreme Court to work very hard to regain public confidence.

  • Delta PDP: How court sacked Oborevwori

    Delta PDP: How court sacked Oborevwori

    The Federal High Court in Abuja on July 7 ordered the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to replace Mr. Sherrif Oborevwori with Mr. David Edevbie as the lawful candidate for March 11, 2023, governorship elections in Delta State. Deputy News Editor JOSEPH JIBUEZE and ROBERT EGBE review the case.

    One month after the suit was filed, the Federal High Court in Abuja last Thursday ordered the Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) to replace the name of Sherrif Oborevwori with that of David Edevbie as the lawful PDPD candidate for the March 11, 2023, gubernatorial elections in Delta State.

    Justice Taiwo Taiwo disqualified Oborevwori, who is the Speaker of the Delta State House of Assembly, from contesting the 2023 election in the state.

    He held that Oborevwori was not eligible to contest the election because he supplied false information to INEC to back his nomination as his party’s candidate.

    The judgment followed a suit filed by Edevbie, a former Commissioner of Finance in the Governor James Ibori administration.

    Mr. Edevbie came second behind Oborevwori in the May 25, 2022, primary election of the PDP.

    Edevbie’s claims

    The originating summons in the suit was filed on the plaintiff’s behalf on June 3, 2022, by Habeeb A. Oredola of Habeeb Oredola & Associates.

    At the proceedings of 21st June 2022, the team of the pPlaintiff was led in led in the adoption by a Senior Advocate of Nigeria (SAN) A.J Eko (SAN).

    It alleged, among others, inconsistencies in the names on the academic certificates submitted by Oborevwori to INEC.

    He sued Oborevwori, PDP, and INEC as 1st to the 3rd respondents respectively.

    The first defendant, as alleged by the plaintiff, falsified the information touching his age and name.

    It was alleged further that he forged/presented a fake WAEC result bearing the name of someone else entirely and a date.

    The plaintiff prayed for the disqualification of the 1st Defendant going by the provisions of Section 182(1) (j) of the 1999 Constitution.

    The plaintiff also asserted that he is an aspirant and by the express provision of section 29(5) of the Electoral Act, 2022 (as amended) he has the right to commence an action to challenge the educational qualification of Oborevwori.

    The plaintiff by Reliefs 6 and 7 of the Originating Summons sought to be declared the winner, in the main, upon the disqualification of the 1st Defendant by the court.

    The plaintiff sought to be declared the lawful winner of the 2nd Defendant’s Delta State Governorship Primary election in which he fully participated and polled the second highest votes.

    The plaintiff also prayed that the first defendant’s name be replaced or substituted for his name as the lawful and qualified candidate or flag bearer of the second defendant in the 2023 gubernatorial election in Delta State.

    Oborevwori’s, PDP’s defence

    Upon service of the plaintiff’s processes, the first defendant filed a counter-affidavit and written address on June 17 asking the court to hold that the complaint against his qualification to contest the primaries was not justiciable.

    He also contended that the plaintiff could not initiate the suit according to Section 29 of the Electoral Act, 2022.

    On its part, the second defendant argued that the plaintiff’s suit was premature, academic and of no utilitarian value. He also denied the allegations.

    Joe Agi (SAN) represented the first defendant, while A. T Kehinde (SAN) was for the second defendant.

    Hearing

    Justice Taiwo granted an accelerated hearing on the case.

    He further asked the parties to abstain from doing anything that would affect the reliefs sought by the applicant (Edevbie).

    The verdict

    He held that the plaintiff’s suit was meritorious as Oborevwori failed to provide contrary evidence to contradict the claims in the suit.

    Justice Taiwo held that several weighty allegations of fraud were raised in the affidavit in support of the Originating Summons as well as the Further and Better Affidavit filed by the plaintiff and the said allegations were not addressed by the first and second defendants.

    The court pronounced that denial in a matter of this nature must be specific and not general.

    Justice Taiwo pronounced that in view of the failure of the first and second defendants’ to controvert the depositions of the plaintiff, the court is left with no choice but to believe and rely on the deposition as uncontroverted.

    The court held that it is trite law that the court must give credence to uncontroverted averments as in the instant case.

    Justice Taiwo held: “From the facts before this court and the documents which I have referred to earlier, the plaintiff who is also an aspirant, in my well-considered view, has proved the statutory duty placed on him to prevent persons with questionable credentials, who have submitted false information or forged documents in order to gain an undeserved advantage given the falsity in the documents from succeeding in their ungodly enterprise.

    “The plaintiff has proved the allegation within the confines of the law. Therefore, I find and hold that the issues for determination in prayers 1, 2, 4 and 5 are answered in favour of the plaintiff. I so hold.

    “With respect to prayer 3, I see no reason not to grant prayer 3 also in favour of the plaintiff. Same is accordingly granted.

    “I have held that the plaintiff has proved his case against the 1st and 2nd defendants.

    “I, therefore, see no reason not to grant reliefs 1, 2, 3, 4 and 5. These reliefs are accordingly granted. In order to cement the success of the plaintiff and to give more flesh to the judgement of the court, I also grant orders 6 and 7 as prayed intoto. This is the judgment of the court.”

    The judge added: “The reliefs 6 and 7 of the Originating Summons are reproduced for clarity: (6) An order of this Honourable Court disqualifying the first defendant from participating as the candidate of the second defendant in the forthcoming 2023 gubernatorial elections in Delta state, scheduled for 11th March, 2023 by the 3rd Defendant.

    “(7) An order of this Honourable Court commanding, directing or otherwise mandating the second and third defendants to replace, forthwith, the name of the first defendant with that of the plaintiff as the lawful candidate of the second defendant for the forthcoming gubernatorial elections in Delta State, now scheduled for 11th March, 2023 by the third defendant.”

    Oborevwori files appeal

    Oborevwori on Friday filed his notice of appeal to challenge judgment, arguing that Justice Taiwo erred in law.

  • Nigerian, US firms partner to strengthen legal profession

    Nigerian, US firms partner to strengthen legal profession

    The Centre For Law And Business Partnership (CLB) and Barbri Global have partnered to deepen the opportunities available to lawyers and the legal profession in the West African region and ultimately to Africa.

    Dapo Oyewunmi, founder Centre For Law And Business Partnership (CLB) – the former Nigerian, the latter American – stated this in Lagos at an event titled “The International Lawyer: Cross Professional Qualifications Master class”.

    It was anchored by Chris Jorgenson, a lawyer qualified to practice in the United States and the United Kingdom, and Suzanne Reece, a solicitor, lecturer and study coach at Barbri).

    Oyewunmi said the collaboration will enable lawyers in African countries including Nigeria, Ghana, Sierra Leone and the Gambia among others, to prepare within their jurisdictions for the examinations to be called to the New York and California Bars.

    It will also help their preparation for exams to become solicitors in the United Kingdom (UK) and allow them to obtain cross or multiple professional qualifications.

    According to the organisers, the cross or multiple professional qualifications will place lawyers on the global stage.

    This will afford them the advantage of international opportunities and also serve the needs of international clients, multinationals and multilateral organisations.

    The lawyers will further enjoy global relevance and improved employability.

    An international business development manager, Monique Morrison, provided insight into the examination and programme. He explained that the candidate will not need or necessarily seek work experience abroad with a UK solicitor firm to qualify under the programme, adding that the UK solicitor qualification requirement which stipulates practical work experience will recognize and accept in-country work experience.

    The collaboration will allow everyone to be part of the exercise in their country, and also allows everyone to prepare for exams in their country to have access to excellent tutorials and teaching classes accelerators that will enhance their capabilities.

    CLB, they noted, will also be collaborating with the Nigerian Bar Association (NBA).

    It works in collaboration with SOAS University of London where they have an MSc in financial law and international. business, as well as a tutorial union at the University of London (LLB), among others.

    Non-lawyers can also benefit from this offering and every forward-looking professional can also take advantage of the opportunity, the organisers said, adding that it is open to anyone who has a first degree in economics, medicine, and engineering.

     

  • Delta PDP: How court sacked Oborevwori

    Delta PDP: How court sacked Oborevwori

    The Federal High Court in Abuja on July 7 ordered the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to replace Mr. Sherrif Oborevwori with Mr. David Edevbie as the lawful candidate for March 11, 2023, governorship elections in Delta State. Deputy News Editor JOSEPH JIBUEZE and ROBERT EGBE review the case.

    One month after the suit was filed, the Federal High Court in Abuja last Thursday ordered the Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) to replace the name of Sherrif Oborevwori with that of David Edevbie as the lawful PDPD candidate for the March 11, 2023, gubernatorial elections in Delta State.

    lg-polls-pdp-sure-of-victory-in-okpe-delta-speaker
    Speaker of the Delta State House of Assembly, Rt Hon. Sheriff Oborevwori

    Justice Taiwo Taiwo disqualified Oborevwori, who is the Speaker of the Delta State House of Assembly, from contesting the 2023 election in the state.

    He held that Oborevwori was not eligible to contest the election because he supplied false information to INEC to back his nomination as his party’s candidate.

    The judgment followed a suit filed by Edevbie, a former Commissioner of Finance in the Governor James Ibori administration.

    Mr. Edevbie came second behind Oborevwori in the May 25, 2022, primary election of the PDP.

     

    Edevbie’s claims

    The originating summons in the suit was filed on the plaintiff’s behalf on June 3, 2022, by Habeeb A. Oredola of Habeeb Oredola & Associates.

    At the proceedings of 21st June 2022, the team of the pPlaintiff was led in led in the adoption by a Senior Advocate of Nigeria (SAN) A.J Eko (SAN).

    It alleged, among others, inconsistencies in the names on the academic certificates submitted by Oborevwori to INEC.

    He sued Oborevwori, PDP, and INEC as 1st to the 3rd respondents respectively.

    The first defendant, as alleged by the plaintiff, falsified the information touching his age and name.

    It was alleged further that he forged/presented a fake WAEC result bearing the name of someone else entirely and a date.

    The plaintiff prayed for the disqualification of the 1st Defendant going by the provisions of Section 182(1) (j) of the 1999 Constitution.

    The plaintiff also asserted that he is an aspirant and by the express provision of section 29(5) of the Electoral Act, 2022 (as amended) he has the right to commence an action to challenge the educational qualification of Oborevwori.

    The plaintiff by Reliefs 6 and 7 of the Originating Summons sought to be declared the winner, in the main, upon the disqualification of the 1st Defendant by the court.

    The plaintiff sought to be declared the lawful winner of the 2nd Defendant’s Delta State Governorship Primary election in which he fully participated and polled the second highest votes.

    The plaintiff also prayed that the first defendant’s name be replaced or substituted for his name as the lawful and qualified candidate or flag bearer of the second defendant in the 2023 gubernatorial election in Delta State.

     

    Oborevwori’s, PDP’s defence

    Upon service of the plaintiff’s processes, the first defendant filed a counter-affidavit and written address on June 17 asking the court to hold that the complaint against his qualification to contest the primaries was not justiciable.

    He also contended that the plaintiff could not initiate the suit according to Section 29 of the Electoral Act, 2022.

    On its part, the second defendant argued that the plaintiff’s suit was premature, academic and of no utilitarian value. He also denied the allegations.

    Joe Agi (SAN) represented the first defendant, while A. T Kehinde (SAN) was for the second defendant.

     

    Hearing

    Justice Taiwo granted an accelerated hearing on the case.

    He further asked the parties to abstain from doing anything that would affect the reliefs sought by the applicant (Edevbie).

     

    The verdict

    He held that the plaintiff’s suit was meritorious as Oborevwori failed to provide contrary evidence to contradict the claims in the suit.

    Justice Taiwo held that several weighty allegations of fraud were raised in the affidavit in support of the Originating Summons as well as the Further and Better Affidavit filed by the plaintiff and the said allegations were not addressed by the first and second defendants.

    The court pronounced that denial in a matter of this nature must be specific and not general.

    Justice Taiwo pronounced that in view of the failure of the first and second defendants’ to controvert the depositions of the plaintiff, the court is left with no choice but to believe and rely on the deposition as uncontroverted.

    The court held that it is trite law that the court must give credence to uncontroverted averments as in the instant case.

    Justice Taiwo held: “From the facts before this court and the documents which I have referred to earlier, the plaintiff who is also an aspirant, in my well-considered view, has proved the statutory duty placed on him to prevent persons with questionable credentials, who have submitted false information or forged documents in order to gain an undeserved advantage given the falsity in the documents from succeeding in their ungodly enterprise.

    “The plaintiff has proved the allegation within the confines of the law. Therefore, I find and hold that the issues for determination in prayers 1, 2, 4 and 5 are answered in favour of the plaintiff. I so hold.

    “With respect to prayer 3, I see no reason not to grant prayer 3 also in favour of the plaintiff. Same is accordingly granted.

    “I have held that the plaintiff has proved his case against the 1st and 2nd defendants.

    “I, therefore, see no reason not to grant reliefs 1, 2, 3, 4 and 5. These reliefs are accordingly granted. In order to cement the success of the plaintiff and to give more flesh to the judgement of the court, I also grant orders 6 and 7 as prayed intoto. This is the judgment of the court.”

    The judge added: “The reliefs 6 and 7 of the Originating Summons are reproduced for clarity: (6) An order of this Honourable Court disqualifying the first defendant from participating as the candidate of the second defendant in the forthcoming 2023 gubernatorial elections in Delta state, scheduled for 11th March, 2023 by the 3rd Defendant.

    “(7) An order of this Honourable Court commanding, directing or otherwise mandating the second and third defendants to replace, forthwith, the name of the first defendant with that of the plaintiff as the lawful candidate of the second defendant for the forthcoming gubernatorial elections in Delta State, now scheduled for 11th March, 2023 by the third defendant.”

     

    Oborevwori files appeal

    Oborevwori on Friday filed his notice of appeal to challenge judgment, arguing that Justice Taiwo erred in law.