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Tag: Court

  • Court to EFCC: produce Emefiele tomorrow or release him

    Court to EFCC: produce Emefiele tomorrow or release him

    A High Court of the Federal Capital Territory (FCT) has restated its earlier order directing the Economic and Financial Crimes Commission (EFCC) to either release former Central Bank of Nigeria (CBN) Governor Godwin Emefiele unconditionally or produce him in court tomorrow for him to get bail.

    Justice Olukayode Adeniyi restated the order yesterday at the resumed hearing in a fundamental rights enforcement suit filed by Emefiele.

    The judge had, on November 2, while ruling on an ex parte application filed by Emefiele, ordered the EFCC to either release him unconditionally or produce him on November 6 for the court to grant him bail.

    But when the case was called yesterday, Emefiele’s lawyer, Matthew Burkaa (SAN), told the court that the EFCC and its chairman had refused to comply with the court’s order given on November 2.

    Burkaa said Emefiele had been in the custody of the state for 149 days without any justification.

    But EFCC’s lawyer Farouk Abdullah said Emefiele had only been in his client’s custody for about seven days.

    Abdullah said there was a misunderstanding about what order was made.

    The lawyer said he thought the order was for the EFCC to either release Emefiele or produce him in court to take arguments on his pending motion.

    Justice Adeniyi intervened, saying there was no ambiguity in the court order.

    Read Also: Presidency lambasts Obi for aspersions on Judiciary, INEC

    The judge said the order was meant to compel the EFCC to either release Emefiele unconditionally or produce him to get bail before the hearing of the pending motion on notice.

    Abdullah said although the documents filed by Emefiele had been served on his clients, they could not file their reply because a document referred to in one of the ex-CBN governor’s affidavits was not attached.

    He prayed the court to direct the applicant to supply his client the missing document to enable them reply accordingly and set the records straight.

    Lawyer to the Federal Government and the Attorney General of the Federation (AGF), Oyin Koleosho, averred that his clients were constrained by the missing document.

    Ruling, Justice Adeniyi held that another document was also not attached by the applicant, making them two. 

    He ordered them to provide the documents to enable the respondents file their responses and to be included in the court’s file.

    The judge restated the order he made on November 2 and adjourned till tomorrow.

  • Appeal Court upholds Orji Kalu’s election

    Appeal Court upholds Orji Kalu’s election

    The Lagos Division of the Court of Appeal has reaffirmed the victory of the senator representing Abia North, Orji Uzor Kalu of the All Progressives Congress (APC).

    In a unanimous ruling yesterday, the Appeal Court upheld the judgment of the National Assembly Petitions Tribunal, Umuahia, which earlier dismissed the petition of the Peoples Democratic Party (PDP) candidate,s Mao Ohuabunwa, and that of Labour Party (LP), Nnamdi Iro Orji, for lacking in merit.

    In a statement by his media office in Abuja, the court said the election of the former Abia State governor complied with the provisions of the Electoral Act.

    Read Also: Presidency lambasts Obi for aspersions on Judiciary, INEC

    The Appeal Court Justices also faulted the arguments of both petitioners that election did not hold in over 120 polling units, mainly in Ohafia and Arochukwu local government areas of the zone.

    The court also set aside the prayers of Iro Orji to disqualify Kalu for having allegedly admitted before the Federal High Court that he was convicted of fraud.

    In its ruling, the panel held that there was no valid conviction of Senator Kalu under Section 66 of the Constitution as the said conviction had been nullified.

  • Court reserves judgment in Kano governorship poll appeal

    Court reserves judgment in Kano governorship poll appeal

    The Court of Appeal in Abuja has reserved judgment in the appeal filed by Kano State Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) against the verdict of the Election Petitions Tribunal which declared the All Progressive Congress (APC) candidate, Nasiru Yusuf Gawuna, winner of the March 11 governorship election in the state.

    A three-member panel of the court announced yesterday, after taking the final submissions from lawyers to parties, that the parties would be notified when the judgment is ready.

    Besides the main appeal filed by Yusuf, there are also three other cross-appeals filed by the parties.

    In his appeal, Yusuf is urging the appellate court to reverse the judgment of the Kano State Governorship Election Petitions Tribunal, which voided his election.

    He is contending, among others, that the tribunal misapplied the law in reaching its conclusion that the APC candidate won the election.

    Adopting the appellant’s brief, Yusuf’s lawyer, Wole Olanipekun (SAN), averred that the main issue in the appeal was the voiding of ballot papers for not being stamped or signed.

    The eminent lawyer said this cannot be a correct position of law.

    He cited the provisions of Section 71 of the Electoral Act 2022 to back his arguments.

    Olanipekun argued that the APC governorship candidate was not joined as a party in the petition.

    Lawyer to the APC, Akin Olujimi (SAN), urged the court to affirm the tribunal’s judgment because the non-stamping and signing of ballot papers amounted to a violation of INEC’s regulations.

    On the non-joining of the APC governorship candidate in the petition at the tribunal, Olujimi said votes were cast for political parties and members benefitted from the outcome.

    Read Also: Learn to leak your wounds, APC counsels Obi

    The court also reserved judgment in the cross-appeal filed by the APC challenging the eligibility of Governor Yusuf to contest the election, being a registered member of the NNPP at the time of the election.

    In his argument on the cross-appeal, Olanipekun said it was a mere academic exercise as the Supreme Court had ruled that political parties decide who their candidates are.

    In another appeal filed by the NNPP, the party’s Adegboyega Awomolo (SAN) contended that the tribunal was wrong to have engaged in the recounting of ballot papers in chambers, as was done and arrived in the cancellation of more than 165, 000 votes from the governor’s total votes in 32 local government areas.

    On the appeal filed by the Independent National Electoral Commission (INEC), its lawyer, Abubakar Mahmoud (SAN), aligned himself with the submission of Olanipekun that the tribunal erred for engaging in a recount of ballot papers in chambers and not in an open court to arrive at the judgment.

    Mahmoud argued that tribunals are restrained from doing so under Section 137 of the Electoral Act.

    He added that the primary function of the court is to give effect to the will of voters, not to recount or recalculate, as doing so would amount to rewriting election’s jurisprudence.

    The lawyer urged the court to set aside the judgment.

  • Eno urges court to dismiss Akpan’s appeal

    Eno urges court to dismiss Akpan’s appeal

    Akwa Ibom State Governor Umo Eno has urged the Court of Appeal sitting in Lagos to dismiss the appeal brought before it by the governorship candidate of the Young Progressives Party (YPP), Senator Bassey Akpan.

    He also asked the appellate court to uphold the decision of the lower court, which declared him winner of the governorship election held on March 18, 2023. 

    In appeal filed by the candidate of the YPP, Senator Akpan, and his party, against the Independent National Electoral Commission (INEC), Governor Eno and the Peoples Democratic Party (PDP), the governor held that the Governorship Elections Petitions Tribunal in Uyo was right in upholding his victory in the 2023 governorship election after Akpan failed to establish his claims of forgery and electoral malpractices. 

    When the appeal came up at the Appeal Court, Lagos Division yesterday, the governor through his lead counsel, Paul Usoro, SAN, faulted the arguments by the appellants that the judgment of the Supreme Court in the matter of certificate forgery against the 2nd respondent, by Mr. Akan Okon, was different from the certificate forgery case brought before the tribunal. 

    Read Also: Appeal Court upholds Orji Kalu’s election

    Usoro averred that “the appellant’s submissions amount to mere sophistry and are entirely erroneous and misconceived”, adding: “That judgment in rem is a judgment of a court of competent jurisdiction determining the status of a person or things distinct from the particular interest of a party to the litigation.”

    “My lord, when the court gave the judgment, it clearly decided that the said document is not forged but belongs to the 2nd respondent. It implies that the judgment is applicable to PDP, INEC, the court, or any establishment for that matter”, said the counsel for the 2nd defendant. 

    The appellants, represented by Tunde Falola, held that they were dissatisfied by the ruling and judgment of the tribunal upholding the preliminary objections of the respondents and dismissing the petition, hence the appeal.

    Counsel for INEC, Kolapo Kolade,SAN, said the petitioners never produced either a true owner of the certificate, which they claimed did not truly belong to Pastor Eno, and that they never produced any document to buttress their claims of forgery. 

    “My lord, for any case of forgery to be established, the petitioners have to produce the original document and place it side by side with the alleged forged document. This was never done by the appellants at the lower court”, the INEC counsel said. 

  • Court fines NYSC N5m for tagging Gov. Mbah’s certificate as fake

    Court fines NYSC N5m for tagging Gov. Mbah’s certificate as fake

    A Federal High Court, Abuja, on Monday, awarded N5 million damages against the National Youth Service Corps (NYSC)  for alleging that the corps’ discharged certificate held by Gov. Peter Mbah of Enugu State was fake.

    Justice Inyang Ekwo, in a judgment, held that the Director General of the NYSC and the corps, who were defendants in the suit, were guilty of misrepresentation of material facts.

    The judge held that the certificate presented to the Independent National Electoral Commission (INEC) by Mbah was authentic and validly issued by the NYSC.

    Justice Ekwo further held that evidence before the court showed that the governor though was mobilised for service in 2001, he, however, completed his service in 2003.

    According to the court, Mbah, midway into his service, sought and after received permission from NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.

    Besides, the judge said that while the evidence that Mbah served in the law firm of one Udeh was not challenged by the NYSC, he berated the corps for not charging the governor for forgery if they actually believed that they didn’t issue the said NYSC certificate to him.

    He concluded that the NYSC was mischievous and acted in bad faith by denying Mbah’s NYSC certificate.

    The News Agency of Nigeria (NAN) reports that Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on Jan.6, 2003.

    Justice Ekwo, on May 15, restrained the NYSC, Muhammad and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.

    The order followed an ex parte motion moved by Mbah’s counsel, Mr Emeka Ozoani, SAN.

    But the NYCS, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.

    Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.

    Read Also: BREAKING: Court restrains NYSC from further denying certificate issued Enugu Gov. Mbah

    It argued that appeal to the president was a condition-precedent to instituting an action against the defendants in any court of law in Nigeria.

    According to the NYSC, consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise.

    The Corp agency had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the NYSC certificate belonging to Mbah was not issued by the corps.

    Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held in March 18 by the Independent National Electoral Commission (INEC).(NAN)(

  • Appeal Court affirms Alli as Oyo South

    Appeal Court affirms Alli as Oyo South

    The Appeal Court sitting in Lagos has upheld the judgment of the National Assembly Petition Tribunal which validated victory of Sharafadeen Alli as Oyo South Senator. 

    According to a statement by Alli’s Special Adviser on Media, Akeem Abas, the lawmaker won the separate appeals filed by Chief Joseph Tegbe of People’s Democratic Party (PDP) and Funmilola Gbogbolomo of New Nigeria People’s Party(NNPP).

    The court dismissed Tegbe’s appeal on the grounds that it lacked merit, affirming the judgment of the tribunal. I’m

    In Gbogbolomo’s appeal, the court rested the entire Judgement on the sole issue distilled by the 1st Respondent (INEC). 

    The court agreed with the tribunal and defendants that it the case was a pre-election matter, while also agreeing that the appellant did not prove non-compliance.

    The judges unanimously dismissed the appeal and awarded cost against the  Appellant.

    Tegbe and Gbogbolomo appealed the judgments of the tribunal which dismissed their separate petitions against Alli’s victory in the February 25 National Assembly election in Oyo South. 

    The tribunal said that the evidences presented before it by the Tegbe and PDP were not credible and difficult to believe.

    It said that Tegbe l failed to present cogent, reliable, and compelling evidence, sufficient to affect the results of the poll as declared by INEC.

    The court dismissed the petition on the grounds that the petition was incompetent

    Read Also: Court jails 41 internet fraudsters in Oyo, Ogun

    While delivering the final judgment in the NNPP case, the Tribunal held that the petition was incompetent as the ground upon which it was premised related to a pre-election matter which ought not to be brought before the Tribunal.

    The tribunal in the NNPP case held that having regards to the pleadings and evidence before the Court, the petitioners also failed to rebut the presumption of regularity in the conduct of the Election by INEC. 

    It dismissed the petition on the grounds that it was incompetent and lacking in merit.

  • Court issues fresh order restraining NLC, TUC from strike in Imo

    Court issues fresh order restraining NLC, TUC from strike in Imo

    The National Industrial Court in Owerri has issued a fresh interim injunction restraining  the Organised Labour from embarking on any kind of strike in Imo state until further notice.

    The court warned against disobedience of its order,saying that it would attract consequences.

     Justice  N C S Ogbuanya gave the order  after hearing the submissions of  counsels to both parties that they  were yet to reach a settlement on their dispute.

    The defendants are Nigeria Labour Congress, the Secretary General,  Comrade Emmanuel Ugboaja and the Trade Union Congress and its secretary General, Comrade Nuhu Toro.

    In the suit No NICN/ OW/41/2023, the Attorney General of Imo State and the Imo State Government  are claimants.

    The court held that in considering the motion for interlocutory injunction by the claimants,   after hearing from both counsels, it has reserved November 30,2023 for the ruling. 

    The court further held thus: ” Considering the court’ s duty to ensure that Labour dispute and related disagreements between the parties are not allowed to escalate and adversely affect the interests and well-being of the citizenry and third parties who are not involved in the Labour dispute already submitted for adjudication  in the pending suit in the court”, it was necessary for the parties to hold the peace till the next adjourned date.

    Read Also: Appeal Court declares Faskari/Kankara/Sabuwa election inconclusive, orders rerun

    ” Parties are hereby  directed to be mindful  of consequences of disobedience of extant court order  in  the pending suit before the court,” it further ordered. 

    The Court adjourned the matter to November 30 for ruling on the interlocutory injunction filed by the claimants.

    A section of Labour embarked on strike action paralysing  business activities in the State, contrary to a court order the parties hold peace pending determination the case.

  • Court jails 41 internet fraudsters in Oyo, Ogun

    Court jails 41 internet fraudsters in Oyo, Ogun

    The Ibadan Zonal Command of the Economic and Financial Crimes Commission (EFCC) has secured the conviction and sentencing of 41 internet fraudsters to various jail terms in Oyo and Ogun States respectively.

    They were jailed after pleading guilty to one -count charge each preferred against them by the EFCC.

    According to the Head, Media and Publicity, Dele Oyewale in a statement, Justices Ladiran Akintola and Adebukola Olajide of the Oyo State High Court sitting in Ibadan; Justices Abiodun Akinyemi, A.A. Babawale and B.B. Adebowale of the Ogun State High Court, Abeokuta and Justice Uche Agomoh of the Federal High Court, Ibadan, Oyo State, jailed the 41 convicts.

    The convicts are Siyanbade Timilehin Omobosola, Ilugbo Emmanuel Adekunle, Odude Ayomide Michael, Aderounmu Gbenga Michael, Oluwole David Dare, Habeeblahi Abdullateef Akande, Ololade Sunday Olamide, Ibrahim Victor Abayomi, Adewusi Mojeed Adedeji, Afeez Lekan Jimoh, Peter Seyi Iyanuoluwa, Olatunde Abass, Alan-Oni Joseph Opeyemi, Adetunji Abolaji Adeola and Ogunmola Oluwabori Micheal.

    Others are: Ajayi Raymond Damilare, Cyril Stephen Oluwaseyi, Adekunle Solomon, Olalekan Taoreed Miller, Oladipupo Imoleayo Falohun, Moboluwaduro Olalekan Soetan, Ibikunle Oluwadamilare James, Olumoroti Ayomide Segun, Fetuga Olajide Abiodun, Agbolade Mayowa Oluwafemi , Felix Folorunsho Ayodele, Dauda Rokeeb Opeyemi, Adeife Adeleke Oluwasegun, Agbe Simon Abuo, Alonge Timileyin Israel.

    Read Also: Family drags NDLEA to Court over illegal possession of property

    The rest are: Lasisi Hassan Ayobami, Olakode Ajibola Ibrahim, Ogundiya Fredrick Olajide, Emmanuel Chidi Peter, Ayanmo Taiwo Wasiu, Daud Sodiq Temidayo, Hammed Ibrahim Ola, Adenuga Tope Lekan, Ibrahim Odewande Olasumbo, Adekunle Habeeb Olamilekan and Monday Blessing Patrick.

    Oyewale added that upon their arraignments, they all pleaded “guilty” to the one- count charge when it was read to them individually.

    “Consequently, facts of the cases were reviewed by the prosecution as they prayed the courts to convict and sentence the defendants accordingly.

    “The courts, having listened to the submissions and prayers of the prosecution and defence counsels, convicted and sentenced Patrick, Olasumbo, Lekan, Ola, Temidayo, Olajide, Ibrahim, Ayobami, Israel, James, Soetan, Solomon and Oluwaseyi to one year imprisonment each while Olamilekan was sentenced to nine months jail term and Falohun to ten months imprisonment.

    “Also, Wasiu, Peter, Oluwafemi, Abiodun and Olumoroti bagged three months imprisonment each but Oluwafemi, Abiodun and Olumoroti were given option of N50, 000 fine each in lieu of their sentence.

    “Furthermore, Oluwasegun, Opeyemi, Ayodele, Damilare, Micheal, Adeola, Opeyemi, Abass, Iyanuoluwa, Jimoh, Adedeji, Abayomi, Olamide, Akande, Michael, Adekunle, and Omobosola were convicted and sentenced to six months community service each as Adekunle and Omobosola got a N50, 000 and N100, 000 fine alongside their sentences respectively.

    “The courts also convicted and sentenced Abuo, Miller, Dare and Michael to three months community service each but Abuo got a N50, 000.00 fine in lieu of his sentence while Michael was to pay a fine of N30k alongside his sentence.

    “The convicts were ordered to restitute their various victims and forfeit all items recovered from them to the Federal Government of Nigeria, including a green colour Toyota Highlander with Registration Number: LSD – 400 – GX and one sky blue colour Toyota Camry with Registration Number: DG – 453 – FT,” the statement added.

    All the 41 convicts bagged their imprisonment when they were arrested by operatives of the EFCC for internet-related offences. They were investigated, prosecuted and convicted.

  • Alaafin stool: Court strikes out case against Makinde, two others

    Alaafin stool: Court strikes out case against Makinde, two others

    • Claimants absent at proceeding

    An Oyo High Court 1 sitting in Oyo town, yesterday struck out a case instituted by Basorun of Oyo, High Chief Yusuf Ayoola and four others against Governor Seyi Makinde and two others.

    The News Agency of Nigeria (NAN) reports that the striking out of the case was sequel to its withdrawal by the claimants and filing of a fresh case.

    NAN recalls that the kingmakers, popularly known as Oyo Mesi, had filed a suit against the governor, the Commissioner for Local Government and Chieftaincy Matters and the Attorney-General and Commissioner for Justice to stop them from aborting the process for the selection and appointment of the candidate for the vacant Alaafin stool.

    Other claimants in the suit No. HOY/38/2023, which was struck out, were: Lagunna of Oyo, High Chief Wakeel Oyedepo; the Akiniku, High Chief Amuda Yusuf; Areago Basorun, High Chief Waheed Oyetunji and the Alapo, who is also the Warrant Officer for Alaapini of Oyo, Chief Gbadebo Mufutau.

    NAN reports that they were all absent during the court sitting yesterday.

    Lead counsel for the claimants, Kazeem Sobaloju (SAN), represented by I. B. Olayinka, said they filed a notice, dated October 31, to discontinue the suit, as a fresh one, with No. HOY/14/2023 had been instituted.

    NAN recalls that Sobaloju had, on Monday, requested the maintenance of status quo on the two motions pending before the court.

    Read Also: Imo/Bayelsa/Kogi polls: Tinubu appeals for free, fair process

    His prayers could, however, not be granted, as the defence counsel argued that they had yet to file a counter-affidavit on the ex parte motion.

    It was in view of this that the court adjourned the case till yesterday.

    However, counsel for the claimants, rather than progressing with the case as earlier sought, filed a motion for discontinuance of the previous case and substituted it with a new one.

    Sobaloju prayed the court for hearing of the new suit.

    The Presiding Judge, Justice Ladiran Akintola, said the case file had to be looked into before the date for hearing would be fixed.

    Consequently, Akintola struck out the case and informed the lawyers that the date for the hearing of the fresh suit would be communicated to them.

    The Attorney-General, Abiodun Aikomo, who is the second defendant in the suit, appeared in person and equally for the first and third defendants, the governor and the commissioner for local government and chieftaincy matters.

    Other counsels in his team included: the Deputy Director, N.A. Abiola; Principal State Counsel, N.I. Shittu and Senior State Counsel, E.O. Ojebisi, while the Deputy Director, Chieftaincy Matters, Felicia Olawale, also appeared for the third defendant

  • Impeachment: Another court restrains Rivers Assembly, others

    Impeachment: Another court restrains Rivers Assembly, others

    A Federal High Court in Port Harcourt, the Rivers State capital, has warned the state’s House of Assembly and others from taking any further steps on the planned impeachment of Governor Siminalayi Fubara.

    Justice Phoebe Ayua issued the warning while ruling on Wednesday on an ex parte motion in a suit filed against the House of Assembly and eight others by two members of the Peoples Democratic Party (PDP) in the state – Amadi Madubuochi and Goya Oluka.

    Justice Ayua’s pronouncement followed a restraining order issued on Wednesday against the Rivers State’s lawmakers by a High Court of the state, stopping them from proceeding with the planned impeachment.

    The judge had listened to lawyer to the applicants/plaintiffs, Eric Omare, who argued that the move to impeach Fubara was unlawful because the legislators had not established any wrongdoing against the governor.

    In a copy of the enrolled order, which our correspondent obtained yesterday in Abuja, Justice Ayua said: “An order is made, directing that all parties on record respect the court and should not take any step concerning the subject matter in this matter, since the matter is already before this court (sub judice) pending the hearing and determination of the motion on notion.”

    The judge also ordered that the respondents be notified about the pending suit and motion on notice for interlocutory injunctions.

    He adjourned till November 9 for hearing of the motion on notice.

    Listed as respondents/defendants in the suit are: the Rivers State House of Assembly, the Speaker, Deputy Speaker, the state’s Chief Judge, the state’s Commissioner of Police, the state’s Director of the Department of State Services (DSS), the governor, the deputy governor, and the Inspector General of the (IGP).

    Read Also: Fubara: Rivers NASS caucus declares support for Wike

    In a supporting affidavit, the plaintiffs stated that from the impeachment notice served on the Governor and his Deputy, no verifiable allegation of gross misconduct or dereliction of duty on their part or the commission of any impeachable offence recognised by the Constitution was stated therein.

    They averred that before an impeachment proceeding could be initiated against the holder of the office of a governor or deputy governor of a state, there must have been a notice containing an allegation of gross misconduct against them in the performance of the functions of their office.

    Such a notice, the plaintiffs added, must contain detailed particulars of such an allegation of gross misconduct, which would amount to a violation of the provision of the Constitution, before an impeachment process could be commenced.

    The plaintiffs are, in the substantive suit, praying the court for, among others, a declaration that, having regard to the absence of any verifiable allegation of gross misconduct, dereliction of duty, or the commission of any impeachable offence recognized by the Constitution, the Rivers State House of Assembly could not initiate any proceedings seeking to impeach or howsoever remove the governor and his deputy from office.

    They are also seeking, among others, a declaration that, having regard to the absence of any verifiable allegation of gross misconduct, dereliction of duty or the commission of any impeachable offence recognised by the Constitution by the governor and his deputy, the purported impeachment process activated by the Assembly, its Speaker and Deputy Speaker, is unconstitutional.