The State High Cour sitting in Yenagoa, Bayelsa State, has issued an order stopping the Ijaw National Congress (INC), the umbrella body of Ijaw elders, from cancellng the elections of its youth body, the Ijaw Youth Council (IYC). The court, presided over by Justice Raphael Ajuwa said INC should stay action on its resolution to cancel the election in which Mr. Udens Eradiri, was declared the President of IYC. Eradiri, the claimant, had approached the court seeking an exparte order restraining INC from cancelling the poll in which he had been inaugurated as the president. The order specifically restrained principal officials of INC including its President, Chief T.J Sekibo, from setting aside the results of the election. The Vice-Presidnent and National Secreatry of INC, Charles Ambaiowei, Theodore Ezonfade, were joined as defendants. The court ordered that the election “should not be cancelled by the defendants or their agents, cronies, pending the determination of the motion for interlocutory injunction.” It further directed the defendants to appear before the court on November 22 “to show cause why an order of the interim injunction should not be granted to restrain them from canceling the IYC result of the election for the office of the president of IYC in which the claimant was declared the winner.”
Tag: Court stops
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Aides’ list: Court stops Taraba Speaker, deputy governor
A High Court in Jalingo, the Taraba State capital, has stopped House of Assembly Speaker Haruna Tsokwa from taking action on the list of commissioner-nominees sent to the Assembly by Deputy Governor Alhaji Garba Umar for a new State Executive Coucil (Exco).
It was learnt that Umar sent 14 names to the House for approval as new commissioners.
But the lawmakers were stopped from screening the nominees.
A copy of the injunction was served on the deputy governor, who is accused of scheming to outsmart recuperating Governor Danbaba Suntai.
The governor obtained the court order when his lawyer, Alex Izinyon (SAN), applied that the Speaker be stopped from screening the commissioner-nominees because Suntai still had a case with the Assembly.
The court, presided over by Justice Ali Ibrahim Andeyangtso, also rejected the joint affidavit by the governor’s wife, Hauwa, and the governor’s younger brother, Babangida Suntai, in which they, on behalf of the governor’s family, sought to withdraw the suit.
Suntai filed the suit when Tsokwa and 15 other lawmakers stopped him from resuming duty, following his return from a 10-month treatment overseas.
Izinyon told the court that Suntai had not mandated anybody to end the litigation.
Umar has been wooing Suntai’s wife and younger brother to prevail on the governor to withdraw the suit, it was learnt.
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Court stops Okwu as APGA faction chairman
There seems to be no end in sight to the crisis rocking the All Progressives Grand Alliance (APGA).
A Federal High Court in Awka, Anambra State, has stopped Maxi Okwu and the State Chairman, Egwuoyibo Okoye, from parading themselves as party executives.
Justice M.T Salihu also stopped the Independent National Electoral Commission (INEC), commissioner of police, the Inspector-General of Police and APGA from recognising the duo.
Charles Nwazojie filed the suit on behalf of himself and the elected members of the ward, local government and state executive committees of APGA in Anambra State.
The respondents included INEC, IG, Anambra CP, APGA, Okwu representing those purportedly elected as national officers under his chairmanship as well as Okoye representing those purportedly elected as ward, LGA and state officers of APGA.
Justice Salilu granted all the reliefs sought by the applicant, which he said was in the best interest of justice.
The reliefs sought included “an order of mandamus compelling the first respondent to perform its statutory and public duties as enshrined in the Section 287 (3) of the 1999 Constitution.
He also sought an order to ensure that APGA activities, its members, officers, organs, subordinates, servants, agents or privies, regarding its executive committees both at the national and Anambra State chapter, conforms with the provisions of the 1999 Constitution and the party’s constitution.”
The return date for the motion on notice was fixed for June 25.
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Court stops Akingbola from seeking medical treatment abroad
A Lagos High Court in Ikeja, Lagos, yesterday turned down the application of the former Managing Director of the defunct Intercontinental Bank (now Access Bank) Plc, Dr. Erastus Akingbola, to travel abroad for medical treatment.
Justice Adeniyi Onigbanjo said Akingbola might run from trial, having known the weight of evidence against him while his trial lasted before Justice Habeeb Abiru, who could not conclude the case before he was elevated to the Court of Appeal. The judge, however, granted the banker’s application and that of his aide and co-defendant, Bayo Dada, for the variation of their bail conditions.
Akingbola and Dada, the General Manager of Tropics Finance Limited, are on trial for allegedly stealing N47.1 billion belonging to the defunct Intercontinental Bank.
In an application on March 19, which was filed by his counsel, Mr. Mike Igbokwe (SAN), the former bank chief sought leave of the court to travel abroad for medical treatment.
Akingbola said he needed to keep a medical appointment fixed for April 15 at Harley Street Hospital in London, the United Kingdom.
His counsel, Wole Olanipekun (SAN), who moved the application on Wednesday, referred the judge to some of his recent rulings, including that of Abdulahi Alao, Mahmud Tukur and Olawale Babalakin (SAN), whose similar applications were granted.
The lawyer said there was no reason a similar application by Akingbola should not be granted.
But Justice Onigbanjo said the authorities cited by the learned counsel were not binding since the circumstances of the cases were different.
The judge held that Akingbola did not bring any evidence before the court to show that no medical institution in the country could treat him.
He said there was also no evidence before the court that the banker had made any effort to contact for treatment any hospital in Nigeria.
The judge, in separate rulings, varied the bail conditions for Akingbola and Dada.
He held that it was no longer necessary for the defendants to report at the office of the Economic and Financial Crimes Commission (EFCC) on the first work day of every week.
Justice Onigbanjo held that a particular condition had outlived its usefulness since the EFCC had concluded its investigation of the alleged offence preferred against the accused.
Justice Onigbanjo adjourned further trial in the matter till July 10.
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Court stops Maina’s arrest
Former Pension Reform Task Force Chairman Abdulrasheed Maina may soon come out of hiding. A Federal High Court, sitting in Abuja yesterday granted a perpetual injunction against his arrest by security agencies.
The court also vacated an earlier warrant of arrest issued on Maina by the Senate.
Justice Adamu Bello, who delivered the judgement in the enforcement of a fundamental human right suit instituted by Maina, hinged his verdict on the ground that the Senate did not follow due process in issuing the warrant.
The judge noted that the upper chamber of the National Assembly failed to annex all necessary documents to aid the dismissal of Maina’s request before his court.
Bello, however, cautioned against misreading his judgement as an affirmation that the Senate lacks the powers to investigate or summon any person to give evidence regarding any subject matter under investigation, stressing that the injunction is about the warrant of arrest being set aside.
Maina sued the Senate President and the Clerk of the Senate before the court.
Joined in the suit are the Senate Committee on Establishment and Public Service; Senate Committee on State and Local Government Administration; the Inspector-General of Police; Senator Alloysius Etuk, Chairman, Senate Committee on Establishment and Public Service; Senator Kabiru Gaya, Chairman, Senate Committee on State and Local Government Administration.
Maina urged the court to quash the purported report of the Senate Committee’s resolutions and declare the warrant issued for his arrest as unconstitutional, null and void.
Justice Bello said: “From the reliefs sought by the applicant, the application is challenging the powers of the Senate to issue a warrant of arrest, a careful perusal of Section 35(1) shows clearly the right of liberty guaranteed the applicant by the Constitution, but however the right is absolute.
“Going by this, the applicant is entitled to a fair hearing. The issue now is to determine whether the applicant’s case falls on the exceptional clauses.
“Section 88(2) of the 1999 Constitution gives the National Assembly the power to invite or summon an individual for questioning in order to expose corruption and inefficiency among others.
“However, the power of the Senate is subjected to the provision of Section 88 of the 1999 Constitution, which highlighted the conditions to follow before an individual will be summoned.
“This power of the Senate should be free from abuse and the term of reference should be clear. Any invitation by the Senate outside the purpose highlighted in Section 88(2) is illegal and unconstitutional.
“The Senate ought not to have invited the applicant in the first place. A proper investigative committee must have been constituted in accordance with constitution.
The power to call for investigation by the Senate under Section 88(2) is predicated on a published resolution. The respondents have failed to produce or annex vital documents to their counter affidavit; they only exhibited the warrant of arrest signed by the Senate President. The implication of not producing such vital documents means there is no evidence before me to show that investigation is going on the subject matter.
“The warrant of arrest was not validly issued. It is, therefore, set aside. Relief one is hereby granted, the respondents are perpetually restrained from arresting the applicant on account of the warrant arrest being set aside. I will only advise the applicant to submit himself to the Senate.”
Reacting to the judgement, Maina’s counsel, Mahmud Magaji, SAN, said the rule of law has prevailed.
He said: “We are not in any way challenging the powers of the Senate; neither are we encouraging anyone to be disrespectful to them. All we are saying is that, in the course of exercising their powers, the rule of law must be allowed to prevail. We are only saying that the right thing should be done rightly”.
Asked if Maina’s absence in court was a confirmation of the news that he had fled the country, Magaji said Maina had only gone underground due to what he called the threat to his life. The lawyer said he was ready to produce the International passport of his client to prove that he never left the country.