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Tag: Court

  • Faleke to court: declare me elected

    Faleke to court: declare me elected

    •Wada knows fate Friday

    The deputy governorship candidate of the All Progressives Congress (APC) in the November 21 election in Kogi State, James Faleke, has asked the Federal High Court in Abuja to declare the election conclusive.

    In a suit filed yesterday by his lawyers, including Wole Olanipekun (SAN) and Femi Falana (SAN), Faleke faulted the decision of the Independent National Electoral Commission (INEC) that the election was inconclusive and asked the court to restrain it from proceeding with its planned supplementary election.

    Faleke named INEC and APC as defendants in the suit.

    He argued that by the results announced by INEC, the election was conclusive and that INEC was wrong to have refused to announce the candidate of the APC, who scored the highest votes) winner.

    He also faulted INEC’s directive (as contained in its “public notice” of November 24, 2015) to the APC to substitute its governorship candidate in the election, following the death of its earlier candidate, Abubakar Audu and that it would hold a supplementary election on December 5.

    Faleka, who raised nine questions for the court’s determination, is seeking 16 reliefs, including an order directing INEC to “make a return following the already announced results in the governorship election held in Kogi on November 21, 2015” and an injunction restraining INEC, APC and their agents from “giving effect to or further acting on the decisions or directives contained in the November 24 public notice.

    He urged the court to declare that by the provision of Section 179 of the Constitution, INEC was bound to declare a candidate in a state governorship election, who scored the highest votes and one quarter of all votes in at least two-third of all local governments  in a state, as duly elected.

    Faleke stated, in a  supporting affidavit, “that from the results released and also from the Forms ECBC issued, the joint ticket shared by Prince Abubakar Audu and myself, not only produed the highest votes cast in each of at least two-third of all the Local Government Areas in Kogi State.

    “By the 1st defendant’s (INEC’s) showing, only about 41,000 registered voters are reflected in the 91 polling units and out of the 41,000 registered voters, only about 35,000 of them have permanent voters cards (PVC). It is only people with PVCs that were allowed by the 1st defendant to cast their votes on the day of election.

    “The total number of people accredited in the 91 polling units where the 1st defendant cancelled election and ordered a supplementary election was 19,178. The margin of victory between the joint ticket shared by Prince Abubakar Audu and myself for the 2nd defendant and the joint ticket shared by Idris Wada and Yomi Awoniyi.

    “As the candidate sharing the same joint ticket of the 2nd defendant with the late Prince Abubakar Audu, I campaigned with him throughout the nooks and crannies of Kogi State, day and night, for over two months, canvassing for votes and selling to the electorate our joint manifesto.”

    Faleke is also seeking a declaration that:

    • election to the office of governor of a state can only be conducted in a manner expressly stipulated in section 179(2)(a),(b), (3)(a),(b), (4)(a),(b) and (5) of the Constitution;
    • by the express provisions of sections 1(2) and 179(2)(a),(b), (3)(a),(b), (4)(a),(b) and (5) of the Constitution, the 1st defendant (INEC) is constitutionally bound to declare a candidate as duly elected to the office of governor of a state, who scores the highest number of votes cast at the election to such office, who also scores not less than one-quarter of all the votes cast in each of at least two-third of all the Local Governments Areas in the state; and a declaration that
    • by the clear provisions of sections 1(2), 179(2)(a) and (b) and Paragraph 15(a) of the Third Schedule of the Constitution, read together with sections 27, 69 and 75 of the Electoral Act, the 1st defendant is bound to make a return on an election to the office of governor of a state where a candidate (a) scored the highest votes cast at the election and (b) scored not less than one-quarter of all the votes cast in each of, at least two-third of all the Local Government Areas in the state.

    Faleke is also seeking an order setting aside the:

    • 1st defendant’s decision that the governorship election held in Kogi on 21st November 2015 is inconclusive;
    • ‘public notice’ issued by the 1st defendant on the 24th day of November 2015 titled: ‘Kogi governorship election 2015; and
    • an order setting aside the directive contained in the ‘public notice’ issued by the 1st defendant on the 24th day of Novemeber 2015 and title: ‘Kogi governorship election 2015’, requesting the 2nd defendant (APC) ‘to fill the vacancy’ created by the death of its candidate.

    The case is yet to be assigned for hearing.

    Justice Gabriel Kolawole of the Federal High Court, Abuja yesterday gave indication that he will give judgments on Friday in four other cases filed in relation to the dispute created by the election.

    The judge gave the indication yesterday after consolidating/merging the suits (filed between Thursday and Friday last week) and adjourning till Thursday for parties to adopt their final written addresses, which they were expected to have filed and served before the next date.

    The suits include the one by the governor and candidate of the Peoples Democratic Party (PDP), Idris Wada. In the suit filed last Thursday, Wada and his party want the court to compel the INEC to declare Wada winner of the inconclusive governorship election, on the ground that he is the only surviving candidate in the election  who scored the second highest votes after the deceased candidate of the APC.

    They also seek to restrain INEC from proceeding with its planned supplementary election. It has INEC, the Attorney general of the Federation (AGF) and APC as defendants.

    The other suit filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC), is pleading with the court to, among others, hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and prevent APC from participating in the election on the ground that it no longer has a candidate. It has INEC, AGF and APC as defendants.

    The third suit was filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye. They are pleading with the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.

    The fourth suit was filed by Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He is seeking, among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.

    Yesterday, lawyers representing all the plaintiffs agreed that the APC, which is listed as a defendant in all the cases, was yet to be served. They said service could not be effected because of the violent clash at the party’s national secretariat in Abuja. The party was also not represented in court.

    Justice Kolawole, upon an agreement by lawyers in the case, including Goddy Uche (SAN) for Wada, T. M. Inuwa for INEC and Mrs. Memuna Lamin Shiru for the AGF that the suits be consolidated, elected to hear all the cases together.

    The judge refused to grant the plaintiffs’ request for an abridgment of time within which the defendants could respond to the suit. He said in view of the fact that time was of essence, he would not bother with the facts of the cases and other preliminary issues, but would concentrate on the resolution of issues of law to be raised by parties.

    In a brief ruling, the judge said parties had agreed to file written addresses to be adopted on Novemeber 3, to enable the court give its decision on Friday (November 4). He said it was necessary for the court to pronounce on the questions of law raised so that the supplementary election scheduled for December 5 will not be conducted under an atmosphere of “doubt about its constitutional validity”.

    The judge later stood down proceedings for about one hour to enable the lawyers agree on the questions of law for the court to decide.

    When the court later reconvened at about 1.40pm, three questions were submitted to it by the lawyers. The questions include:

    *Whether having regard to the provisions of sections 31(1)(2)(4)(5)(6)(7) and (8), 33, 34, 36, 85 and 87 of the Electoral Act (as amended) as well as sections 178 – 181 of the Constitution, INEC can lawfully conduct a second/supplementary election into the office of governor of Kogi State on 5th day of December 2015 or any other date at all let alone accepting the nomination/substitution by the All Progressives Congress (APC) of any candidate on the basis of votes computed and credited to the deceased candidate of the APC when the new or substitute candidate was not part of the original election.

    *Whether in view of the provision of Section 179(2)(3)(4)(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other enabling provisions of the Electoral Act 2010 (as amended) and having regard to the doctrine of necessity, the plaintiff, being the only surviving candidate with the majority of lawful votes case at the Kogi State governorship election held on 20th day of November 2015 ought not to be declared and returned by INEC as the winner of the election having secured not less than one quarter of the votes cast in two-third (2/3) of all the Local Government Areas in Kogi State.

    *Whether in view of Section 181 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) INEC ought to conduct a fresh governorship election in Kogi State.

  • Synagogue: Court stops engineers’ prosecution

    Synagogue: Court stops engineers’ prosecution

    The Federal High Court in Lagos yesterday restrained Lagos State from prosecuting two engineers, who built the collapsed guest house of the Synagogue Church of All Nations (SCOAN).

    Justice Ibrahim Buba granted an order of injunction barring the commissioner of police from arresting and detaining the applicants.

    The orders, the judge said, will subsist, until the engineers’ appeal against his earlier ruling is determined by the Court of Appeal.

    Ruling on the engineers’ application for injunction pending appeal, Justice Buba urged the prosecution to ensure that the appeal is heard expeditiously.

    He said he could vacate the restraining order, if the engineers fail to prosecute their appeal promptly.

    “In the circumstances of this case, the counter affidavit has not been able to show that I should not exercise my discretion judicially and judiciously.

    “Even though the applicants had suffered defeat in this court, I am inclined to granting this application on the caveat or rider that the applicants must pursue their appeal diligently and vigorously so that justice can be done to all parties.

    “The application for injunction pending appeal has merit and is granted.

    “If the applicants fail to prosecute the appeal diligently, the order can be vacated by this court or the Court of Appeal depending on the situation, the time and place,” Justice Buba held.

    Lagos State had preferred a 111-count charge against the Registered Trustees of SCOAN and the engineers over the collapsed building.

    Their arraignment was stalled on Monday. Justice Lateef Lawal-Akapo of the Ikeja High Court adjourned till December 11 because of the state’s inability to serve three of the defendants with the charge.

    The state, however, alleged that the “address given by the applicant in his testimony before the Coroner has been found to be false”.

    The charge borders on the defendants’ alleged failure to obtain approval for the collapsed building contrary to Section 41 of the Urban and Regional Planning Laws of Lagos State.

    They were also charged with involuntary manslaughter contrary to Section 222 of the Criminal Law of Lagos State.

    The engineers – Oladele Ogundeji and Akinbela Fatiregun – had appealed against Justice Buba’s November 9 ruling on their fundamental rights suit.

    They sought to prevent their trial over the collapse which occurred in September 12 last year, killing 116 persons, including South Africans.

    The engineers had urged the court to restrain Lagos State government and the police from inviting, arresting or prosecuting them after they were indicted by a District Coroner, Oyetade Komolafe, a magistrate.

    The Coroner held in his verdict that the building collapsed due to structural defects. He recommended the engineers for investigation and prosecution for alleged criminal negligence.

    But Justice Buba dismissed the application on the basis that the engineers did not make a successful case that their rights were about to be infringed. Dissatisfied, the engineers appealed.

    Arguing the application yesterday, the applicant’s counsel, Olalekan Ojo, said: “The whole essence of the application is to protect the constitutional right of the applicants by preserving the intangible res of arrest and prosecution of the applicants. The interest of justice leans in favour of the preservation of the res.”

    But the state, through its lawyer Akinjide Bakare, prayed the court to refuse the application. He said it was another attempt to stop the implementation of the Coroner’s recommendations.

  • Court stops Fayose from ejecting tenants

    Court stops Fayose from ejecting tenants

    An Ado-Ekiti High Court has restrained the Ekiti State government and its Housing Corporation from ejecting the embattled residents of Irewolede Estate, pending its ruling on December 9.

    Governor Ayo Fayose served a notice to eject those who fail to complete their mortgages  by November 30. The defaulters were to be ejected from yesterday.

    Those ejected on August 5 were reinstated, following intervention of monarchs  and prominent citizens of the state.

    The residents approached the court to enforce their rights when the Housing Corporation, acting on the governor’s instruction, asked them to complete their mortgage within one month instead of the five to 15 years in their agreement.

    The government, thereafter, gave the residents a respite of three months to pay up or be ejected. The ultimatum expired on November 30.

    The residents prayed the court to restrain the Housing Corporation from further ejecting or harassing them, pending the determination of the matter.

    While the matter was pending before Justice Bamidele Omotoso of High Court 7, the Housing Corporation issued revocation letters and gave them seven days to vacate their property.

    This prompted another application by the residents through their counsel, R. O Balogun, praying for the nullification of the revocation letters.

    They asked that the general manager of the Housing Corporation be committed to prison for contempt of court.

    The court, after taking the application for interlocutory injunction filed by their counsel, Rafiu Balogun, adjourned ruling till December 9.

    When the judge’s attention was drawn to the threat to forcefully eject the residents on December 1, the court warned the government not to undermine the court’s integrity or destroy the subject matter.

    Justice Bamidele Omotoso mandated the government’s lawyer to properly advise his client and order that the status quo be maintained, pending his ruling.

     

  • Court adjourns Sylva’s eligibility suit to January 12

    Court adjourns Sylva’s eligibility suit to January 12

    An FCT High Court, Maitama has fixed January 12, 2016 for hearing in a suit challenging the eligibility of Timipreye Sylva to contest the forthcoming governorship election in Bayelsa.

    Sylva, a former governor of Bayelsa, is the candidate of the All Progressives Congress (APC) for the December 5 governorship election in Bayelsa.

    The News Agency of Nigeria (NAN) reports that Bayelsa governor, Seriake Dickson and his party; the Peoples Democratic Party (PDP) filed the suit seeking to disqualify Sylva from participating in the election.

    The plaintiffs are asking the court to declare that Sylva was not qualified to contest the election because he had been elected twice and had taken oath of office twice as governor of the state.

    At the resumed hearing of the case on Tuesday, counsel to the plaintiffs, Friday Nwosu said that Sylva had previously been elected twice as governor of Bayelsa in 2007 and 2008.

    “The 2007 election was nullified by the Court Of Appeal and Sylva contested and won the re-run election, whereupon he was elected the second time and served for about a cumulative period of four years and seven months as the governor of the state.

    “He now seeks to be elected a third time as governor of Bayelsa state in the said forthcoming elections.

    “This is against the relevant constitutional provision in section 182 (1)(b) of the 1999 constitution of the Federal Republic of Nigeria 1999 as amended.

    “The section states that, `no person shall be qualified for election to the office of governor of a state if-

    “ (b) he has been elected to such office at any two previous elections”

    Counsel to the defendants, Akeem Afolabi, said they have filed a preliminary objection challenging the territorial jurisdiction of the FCT High Court to hear the case.

    Afolabi said that the case related to the office of governor of Bayelsa; it is either the Bayelsa High Court or the Federal High Court that has the jurisdiction to entertain it.

    Justice Mukhtar Dodo ordered the lawyers to serve all the processes in the case on parties to the suit.

    He adjourned till January 12, 2016 for continuation of hearing.

  • Woman jailed for stealing N263, 200

    Woman jailed for stealing N263, 200

    A 27-year old woman identified as Loveth Enginna has been jailed for 12 months for stealing the sum of N263, 200.

    She was jailed by an Oredo Magistrate’s Court presided over Mrs. J.O Ejale.

    The money belonged to Trust Fund Micro Finance bank.

    Police Prosecutor, Sergeant Thomas Ojo informed the Court that the offence was committed between May 2013 and Aug. 2013 at No. 6 Adesuwa Grammer School in Benin.

    Sergeant Ojo said the offence contravened section 390 (9) of the criminal Code Cap. 48 Vol. ll laws of the defunct Bendel State of Nigeria 1976 as applicable in Edo.

    Magistrate Ejale convicted Loveth to one year imprisonment or an option of N50, 000 with hard labour.

  • Man docked for defiling minor

    Man docked for defiling minor

    An Ota Magistrates’ Court in Ogun on Tuesday remanded a 41-year-old man, Yusuf Garuba, in prison custody for allegedly defiling a four-year-old girl.

    Garuba, who resides at No. 29 Adura St., Ijaye, a suburb of Lagos, is being tried on a charge of defilement.

    The Prosecutor, Sgt. Rosemary Samson, told the court that the accused had an unlawful carnal knowledge of the girl at No. 4, Ajayi St., Ota, Ogun.

    He said that the offence contravened Sections 215 and 249 of the Criminal Code, Revised Law of Ogun, 2006.

    The Magistrate, Miss Temitope Adebutu, ordered that the accused should be remanded in prison custody pending the advice from the Director of Public Prosecutions (DPP).

    Adebutu, however, adjourned the case till Dec. 4 for mention.

  • Court to rule on Nyako’s N15b money laundering charges

    Court to rule on Nyako’s N15b money laundering charges

    A Federal High Court, Abuja, has fixed December 14 for ruling on whether or not to admit a bank statement allegedly indicting former Adamawa State Governor Murtala Nyako of diverting funds belonging to the state.

    The Economic and Financial Crimes Commission (EFCC) is prosecuting the former governor and three others on a 37-count of corruption and laundering N15 billion belonging to the state.

    The defendants pleaded not guilty to the charges.

    Justice Evoh Chukwu fixed the date after the defence and the prosecution argued on the admissibility of the document.

    Prosecution counsel Mr Rotimi Jacobs (SAN) sought to tender the documents, which were allegedly used to launder N15 billion to the accounts of some private companies.

    The companies, according to Jacobs, are: Blue Opal Nigeria Limited, Crust Energy Nigeria Limited, Blue Ribbon Multilinks Limited, Tower Assets Management Limited and Blue Ribbon Bureau De Change.

    The lawyer sought to tender the document through a witness, Mr Mahmud Wambai, manager of a Mubi branch of the Zenith Bank Plc.

    But Nyako’s lawyer, Mr Yakubu Mekyau (SAN), objected to the admissibility of the document.

    Mekyau argued that the prosecution must comply with Section 84(4) of the Evidence Act 2011.

    He said Wambai was not the maker of the document and could not tender or give evidence on the document.

    Mekyau averred that when the alleged transaction took place, the witness was not a manager in the bank.

    He urged the court to reject the document, adding that same could not be tendered as evidence by the witness.

     

     

     

     

  • Court reserves judgment in Gulak’s suit against PDP, Secondus

    Court reserves judgment in Gulak’s suit against PDP, Secondus

    Justice Hussein Baba of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja has reserved judgment in the suit brought by Ahmed Gulak, a former Special Adviser on Political Matters to ex-President Goodluck Jonathan, against the leadership of the Peoples Democratic Party (PDP).

    Gulak, by the suit, is seeking the sack of the party’s acting chairman, Uche Secondus, on the ground that by the provision of the constitution of the PDP and its zoning principle, he was the proper person to replace the last chairman, Adamu Muazu, who hailed from the Northeast geo-political zone.

    Yesterday, parties argued the plaintiff’s substantive suit (originating summons) and the defendants’ preliminary objection and adopted their final written addresses before the judge told them that hearing notices will be issued when the judgment is ready.

    Gulak, dressed in blue native attire, sat in court all through the proceedings.

    Arguing his client’s case, Jibrin Okutepa (SAN) urged the court to uphold Gulak’s prayers and refuse the preliminary objection raised against the suit by the defendants – the PDP and Secondus.

    He argued that Secondus was occupying the position of the PDP chairman illegally, stressing that by virtue of the provision of Article 47(6) of the party’s constitution, “the 2nd defendant (Secondus) from Rivers State, could not replace the immediate past Chairman, Muazu, who left office about seven months ago.

    Okutepa faulted the claim of defendants’ lawyers that the party’s elders were working on a process to ensure a replacement for Muazu by next March.

    He argued that it was unlawful and a breach of the party’s constitutional provisions for Secondus to hold office for over seven months in acting capacity and refuse to allow a member from the geo-political zone, where the last chairman came from, to replace him.

    On the argument by the lawyer to the defendants, Chuwan Isaiah Paul,  that Gulak lacked the locus standi to initiate the suit, having allegedly defaulted in the payment of party’s due, Okutepa, who exhibited receipt of payments made by his client to the PDP, argued that it was wrong to state that his client, who was once lauded by the party, was no longer a member.

    He also faulted Paul’s argument that Gulak failed to explore the party’s internal mechanism for dispute resolution before approaching the court.

    He argued that since his client was challenging the constitution of the party’s leadership, it would be wrong to expect him to approach the same party mechanisms being controlled by the same leaders and expect justice to be done.

    Earlier, while arguing his objection, Paul urged the court to dismiss the suit on the grounds that Gulak had purportedly ceased to be the party’s member, having allegedly defaulted in the payment of party’ dues.

    He also argued that the plaintiff could not approach the court, except he had exhausted the party’s internal mechanisms for dispute resolution because the issue in dispute was within the party’s internal affairs.

    In response to the originating summons, Paul urged the court to refuse Gulak’s prayers on the ground that he has failed to show  any part of the party’s constitution, which his clients breached with the retention of Secondus as the party’s acting chairman.

    He cited Article 45(2) of the party’s constitution to support his position that there was no time limit within which an acting chairman could remain in office before a replacement was found for a former chairman within the zoning framework of the party.

     

  • Court strikes out Accord’s petition

    Court strikes out Accord’s petition

    The Court of Appeal sitting in Ibadan has dismissed the petition by the Accord candidate for Oyo South, Bisi Ilaka, challenging the judgment of the election petition tribunal.

    The tribunal reaffirmed the election of All Progressives Congress (APC) candidate Senator Monsurat Sunmonu as winner of the March 28 National Assembly election.

    Justice Tijani Abubakar struck out Ilaka’s appeal due to lack of merit.

    The court agreed with Sunmonu’s counsel that the notice of appeal and appellant’s brief of argument were incompetent.

    Justice Abubakar said this was enough to warrant the striking out of the notice of appeal and the brief of argument.

     

  • Court halts NERC’s bid to increase tariff

    Court halts NERC’s bid to increase tariff

    The Federal High Court in Lagos has adjourned a suit by activist-lawyer Mr Toluwani Adebiyi to February 11 and 15 next year.

    The court had restrained NERC from increasing tariff following an ex-parte application by Adebiyi.

    The lawyer sought an injunction to stop the commission from raising tariff without steady power for 18 hours a day.

    When the case came up before Justice Mohammed Idris, NERC and the Distribution Companies (DISCOs) informed the court about their pending applications objecting to the suit.

    Adebiyi, who said the applications were devices to delay the hearing, sought time to respond.

    The order, the lawyer said, is still subsisting, warning that NERC cannot increase tariff this year until the suit is determined.

    Adebiyi said Form 48 is already prepared for whoever dares the court by increasing tariff when the order has not been discharged.

    The lawyer had initiated contempt proceedings against NERC chairman Dr Sam Amadi over his claim that judges were frustrating reform in the electricity sector, but the judge later urged the plaintiff to withdraw it.