The Federal High Court in Lagos has dismissed a suit by the Peoples Democratic Party (PDP) and its member, Mutiu Okunola, challenging Mr. James Faleke’s nomination as the All Progressives Congress (APC) Deputy Governorship candidate in Kogi State.
The suit is on the ground that Faleke’s nomination constitutes double nomination as he retains his seat as a member of the House of Representatives representing Ikeja Federal Constituency in Lagos.
The plaintiffs asked the court to compel Faleke to vacate his seat as a member of the House.
Okunola sought a declaration that Faleke’s nomination by APC as its candidate for the House of Representatives’ election of March 28, 2015, to represent Ikeja Federal Constituency 1, and his subsequent nomination as deputy governorship candidate for the November 21, 2015 gubernatorial election of Kogi State, amounted to double nominations and, therefore, unconstitutional.
Okunola and PDP sought a declaration that the transfer of Faleke’s membership from Lagos to Kogi by INEC automatically terminated Faleke’s membership of the Ikeja Federal Constituency and consequently extinguishes his continued representation of the constituency in the House.
But the defendants said the subject matter of the action was academic as it was already decided at the election tribunal and the Court of Appeal where the plaintiffs lost.
In its February 21 judgment, Justice Abdulazeez Anka held that the intention of the draftsmen, as it relates to Section 37 of the Electoral Act 2010 (as amended), is to the effect that double nomination is as regards one candidate being nominated to contest an election under two different political parties.
The judge said where a candidate is nominated for an election while still holding an elective position under the same political party does not amount to double nomination.
The court held that the facts of the case do not fit into the intendment of Section 37 of the Electoral Act as Faleke was nominated from the same political party and not different political parties.
According to the judge, only a member of the same political party that made the nomination can challenge the nomination of a candidate.
He held that it was an administrative function of the Independent National Electoral Commission (INEC), which is the third defendant, to register voters and transfer their data from one constituency to another as provided by Section 13 of the Electoral Act.
Justice Anka held that the issue of whether the transfer of data by INEC of a registered voter from one constituency to another can constitute a ground to disbar a person from holding an office was academic as no law was provided by the plaintiffs’ counsel to show that a candidate or a voter whose data has been transferred by INEC would be disbarred from continuing to hold the office.
According to the judge, Faleke’s nomination as the deputy governorship candidate to the late Abubakar Audu in the Kogi election does not amount to double/multiple nomination and therefore not illegal.
He added that the plaintiffs’ action is non-justifiable, while Okunola lacks the locus standi to institute the action.
“The plaintiffs’ counsel intentionally avoided the provisions of Section 68 (1) (d) of the Constitution while placing heavy reliance on
Section 68 (1) (b) of the Constitution,” the judge held.
According to the judge, since the plaintiffs’ lost at the lower tribunal and the Court of Appeal, the suit was just another attempt to bite at the cherry.
Justice Anka dismissed the suit in its entirety.
Tag: Court
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Court dismisses suit on Falake’s nomination
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Court sacks Akwa Ibom PDP senator
The Federal High Court 2, sitting in Uyo, Akwa Ibom State capital, yesterday ruled that the senator representing Uyo Senatorial District (Akwa Ibom North-East), Bassey Albert, was not eligible to stand in the 2015 election.
Former House of Representatives member for Uyo Federal Constituency, Elder Bassey Etim, had approached the court with allegation that senator Albert colluded with the Independent National Electoral Commission (INEC), to wrongly substitute his name.
He argued that Albert never stood for the December 2014 Peoples Democratic Party (PDP) senatorial primary, adding that the former commissioner for Finance only worked with INEC and other PDP officials to expunge his name and replaced it with his.
He urged the court to nullify the poll and declare him the authentic candidate for the election.
In the two-hour judgment delivered by Justice Fatun Riman, the prayers were upheld yesterday and Albert was asked to vacate the seat for Etim.
Riman, who awarded N200,000 cost against Albert, asked the Senate leadership to immediately swear in Etim, as the duly elected senator for Akwa Ibom North-East Senatorial District.
Besides, the court ordered INEC to immediately issue a Certificate of Return to Etim. The embattled Senator was asked to refund all entitlements which accrued to him as senator to Etim.
Counsel to Etim, Mr. Taiwo Abe, hailed the judgment as “victory for democracy”, promising that the merit of the case would sustain the victory up to the Supreme Court.
Cousel to the defendant, Mr. Offiong Offiong (SAN), rejected the outcome, saying he would return to the drawing board to consult with his client on the next line of action.
The PDP in Akwa Ibom, in a statement last night, said: “It is imperative to remind the entire public that this is jut the end of round 1 of a 3 round legal encouter and therefore certainly not conclusive in any manner. It must be kept in mind that being a pre-election matter, the ultimate destination of this matter is the Supreme Court. There is therefore no cause for alarm or panick from any quarters.” -
Court dissolves 11-year-old marriage over threat to life
Iletuntun Customary Court, Ibadan, on Friday dissolved the 11-year-old union between one Abimbola Adebayo and her husband Abdulazeez Adebayo, over threat to life.
President of the Court, Mr Henric Agbaje, who terminated the marriage, said the union was beyond redemption, adding that he dissolved the union in the interest of peace.
He also held that there was nothing to settle since both had decided to part ways.
The court granted custody of the two children from the union to Abimbola and directed Abdulazeez to pay monthly feeding allowance of N3, 000 for each of them, in addition to school fees.
Narrating her ordeal, Abimbola, a hair dresser, said her husband battered her regularly and threatened her life.“For 11 years, I have endured various forms of victimisation in Abdulazeez’s home.
“Any time there is a dispute between both of us; he tears my dresses because he never wants me to dress decently for any outing.
“As if that is not enough, he `searches my body’ and even inspects my under wears, just to know if I met another man, and beats me based on baseless suspicion.
“Abdulazeez does not fend for the children and the constant maltreatment has caused me some psychological problems,” Abimbola said.
Abdulazeez denied the allegations levelled against him, but accepted the dissolution of the marriage.
“My lord, the major problem with Abimbola is lack of contentment with anything I give her.
“She has mixed up with bad women who give her wrong advice.
“Besides buying food stuff, I endeavour to give her N500 on a daily basis, but if I am broke, Abimbola begins problems with me,’’ Abdulazeez, a policeman, told the court.
“She has now joined women of easy virtue as she sometimes leave home for days on her prostitution business as she starves me of sex and refuses to cook my meals.
“In fact, I do not pray that any man should have a woman like her as a wife, she is free to go,” Abdulazeez stated.
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Court jails man three months for stealing N3,500
A Grade 1 Area Court, Karmo, Abuja, on Thursday sentenced a 28-year-old man, Abdul Mohammed, to three months in prison for theft.
The judge, Alhaji Abubakar Sadiq, however, gave him an option to pay N10, 000 as fine, and warned him to desist from crimes.
Sadiq said that the sentence would serve as deterrent to other would be offenders.
Mohammed, who resides at Kado Village, Abuja, was arraigned and convicted on a one-count charge.
The convict begged the court to temper justice with mercy, adding that hunger pushed him to do it.
The Prosecutor, Florence Auhioboh, had told the court that Glory Kelechukwu of Karmo Village, reported the matter at the Karmo Police Station on Feb. 17.
Auhioboh said that the convict entered the complainant shop at Karmo and stole N3, 500.
During police investigation, he confessed to the crime and N2, 400 was recovered from him but he was unable to account for the rest.
The prosecutor said the offence contravened Section 288 of the Penal Code.
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Court: Oduah can’t withdraw from 21 banks
The Federal High Court in Lagos has restrained Senator Stella Oduah and Sea Petroleum and Gas Company Ltd from making any withdrawals from its account and those of three other companies in 21 banks.
The other firms are Sea Shipping Agency Ltd, Rotary Engineering Services Ltd and Tour Afrique Company Ltd.
It is over an alleged debt of $16.4million and N100.5 million owed Sterling Bank Plc.
The order followed an affidavit deposed to by Sterling Bank’s business manager Mr Segun Akinsanya.
The bank said it granted a lease /Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas Company to finance one unit 5,000 MT tanker vessel..
The loan was secured by an unconditional personal guarantee by Princess Oduah, the bank said.
The bank said the guarantee was backed by a statement of her net worth, legal mortgage of two properties worth N135 billion, and a power of Attorney of the tanker vessel in favour of Sterling Bank.
The bank said between June 27, 2013, Sea Petroleum requested and was granted additional loan of $450,000 for post delivery expenses, as well as $993,000 to meet the requisite conditions in securing the tanker’s release.
Akinsanya said despite several reminders, and demands, the defendants failed to liquidate the indebtedness which has culminated to $16.4million and about N100.5million as at last November.
He said there was an imminent risk of the defendants dissipating the companies’ assets if not restrained.
The bank, therefore, urged the court to grant the order restraining Oduah and other directors of the companies from withdrawing from their accounts in all the banks pending the determination of the debt recovery suit.
Oduah and her companies have urged the court to discharge the order.
They also filed a preliminary objection to the suit, urging the court to strike it out for lack of jurisdiction.
Justice Abdullazeez Anka adjourned until March 20.
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Cleaner in court over alleged theft of employer’s property
A cleaner, who allegedly stole his employer’s property worth millions of Naira, on Wednesday appeared before an Ikeja Magistrates’ Court in Lagos.
The 40-year-old accused, Adekunle Ifederu, a resident of No. 16, Orireta St., Moricas, Agege, in Lagos, however, denied the charge.
The prosecutor, Insp. Ezekiel Ayorinde, told the court that the accused committed the offence, with others still at large, sometime in Nov. 2016 at the Ilasamaja area of Lagos, at the employer’s residence.
He further stated that the accused, stole a Rolex wristwatch valued at N15million, men’s shirts and belts whose value is unknown, property of Mr Akinroyeje Oladotun, his employer.
According to the prosecutor, Ifederu was employed as a domestic staff to clean the complainant’s house.
The accused, while cleaning Oladotun’s room, made away with the said items.
Ifederu wrapped the stolen items with the clothes he was given and went to Okekoto area of Agege to sell the Rolex watch.
Ayorinde alleged that the accused sold the watch at the rate of N5, 000 and converted the proceeds to his own personal use.
The offence, the prosecutor said, contravened Section 285 and 409 of the Criminal Law of Lagos State, 2011.
The News Agency of Nigeria (NAN) reports that Section 285 (7) prescribes seven years imprisonment for any employee convicted of stealing from their employer.
The Chief Magistrate, Mrs Omolade Awope, granted the accused bail in the sum of N2million, with two sureties in like sum and adjourned the case to March 3, for mention.
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Motorcyclist docked for allegedly defiling neighbour’s minor.
Pius Okoliko, was on Wednesday brought before an Ikeja Chief Magistrates’ Court, Lagos for allegedly defiling his neighbour’s under aged daughter.
The accused, a commercial motorcyclist, who resides at Eyinogun Str., Mafoluku, Oshodi, suburb of Lagos, is facing a charge of defilement.
The Prosecutor, Insp. Clifford Ogu, told the court that the offence was committed in December 2016 at the residence of the accused.
Ogu alleged that the accused lured the victim, a 10-year-old girl, into his room on the pretext of sending her to buy recharge card for him.
“On entering the room, the accused shut the door at her and defiled the girl,’’ Ogu said.
“It was the victim’s cry that alerted neighbours that rescued her.“The accused was sighted by one of the neighbours who alerted the police and got him arrested,’’ the prosecutor said.
The offence contravened Section 137 of the Criminal Law of Lagos State, 2011.
The accused, however, pleaded not guilty to the charge.
The Chief Magistrate, Mrs Taiwo Akanni, granted the accused N200, 000 bail with two sureties in like sum.
Akanni adjourned the case to March 8 for mention.
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Court remands pool clerk over client’s death
An Ebute Meta Magistrates’ Court yesterday remanded a teenage pool betting agent, Oluwaseyi Ebenezer, in prison for allegedly stabbing his client to death.
Ebenezer, 18, is facing a three-count charge of murder and stealing.
Magistrate Kofo Ariyo did not take his plea.
Prosecuting Sergeant Kehinde Olatunde told the court that the accused committed the offence on January 24 at Ijegun Egba, Satellite Town, Lagos.
He said the accused, a sports betting agent, stabbed Uyi Kennedy with a sharp knife on his thighs and abdomen, leading to his death.
The accused, he said, also dispossessed the deceased of his LG smart phone worth N30,000.
The magistrate adjourned the case till March 14 for advice from the Director of Public Prosecutions. -
Court orders monarch’s arrest
An Osogbo Chief Magistrates’ Court in Osun State yesterday issued a bench warrant against a traditional ruler and his secretary for alleged contempt.
The Olokini of Okini, Oba Okanola Akadiri, and his secretary, Suleiman Rasaki, are facing an eight-count charge of conspiracy, forcibly entry, threat to life and assault.
The Magistrate, Olusola Aluko, ordered their arrest for their alleged failure to honour an earlier order for them to appear.
The Prosecutor, Muyiwa Ogunleye, told the court that the accused committed the offence on December 2, 2012, about 3pm on Awoniyi Street, Ilobu, Okini.
Ogunleye alleged that the accused conspired together and forcefully trespassed on a piece of land belonging to Rasheed Awoniyi.
He alleged that the accused deployed thugs to attack the bricklayers working on the plot of land.
At the resumed hearing, the prosecutor applied for the issuance of an arrest warrant.
The magistrate ordered the police to produce the accused on April 7, the next adjourned date. -
Court adjourns Patience Jonathan’s case to April 24
•Ex-president’s wife sues EFCC for N2b
Justice Saliu Saidu of the Federal High Court sitting in Port Harcourt has fixed April 24 to hear a motion filed by former First Lady and former President Goodluck Jonathan’s wife, Dame Patience Jonathan, in which she is seeking the enforcement of her fundamental human rights.
At the sitting yesterday, counsel to Mrs. Jonathan, G. I. Abibo, a Senior Advocate of Nigeria (SAN), told the court that he had just been served with the counter-affidavit by the respondent, the Economic and Financial Crimes Commission (EFCC).
Abibo said he needed time to reply.
Counsel for EFCC Kayode Oni said he was served with the processes by the applicant’s counsel last week and also filed his response last week.
Mrs. Jonathan, in her motion, is seeking a declaration that the freezing of her bank accounts and those of her relatives by the commission was a violation of her fundamental human rights to own property and to fair hearing.
She alleged that the breaking into and ransacking of her family property by the commission’s officers while executing a search warrant was a violation of her fundamental human rights to private and family life.
The applicant is also seeking a “declaration that the incessant harassments of the former first lady on the ground of her political views and for being the wife of a former president, who belongs to the opposition party, was a violation of her fundamental human rights to freedom.
She sought N2 billion as damages for the alleged violation of her fundamental human rights by the commission.
In its preliminary objection, the EFCC is seeking an order dismissing/striking out the suit by the applicant for want of jurisdiction for being speculative and for alleged abuse of court process.
It stated that the court lacks the requisite jurisdiction to pry into and determine the suit as presently constituted as the action did not disclose any good, valid and or reasonable cause of action against the EFCC.
It added that the applicant was never invited nor investigated in any way whatsoever by the Port Harcourt office of the EFCC.