The Nation Newspaper

Tag: Emeka Ngige

  • Extradition: Appeal Court lifts order stopping Sen. Kashamu’s arrest

    The Court of Appeal, Lagos Division on Friday set aside a Federal High Court order which perpetually restrained the Federal Government from arresting Senator Buruji Kashamu.

    The appellate court also set aside another order which nullified a warrant for Kashamu’s arrest and prevented extradition proceedings from being commenced against him.

    Buruji, who represents Ogun East in the Red Chamber, is wanted by the United States of America (U.S.A) to stand trial for alleged importation of hard drugs into the country.

    On May 25, 2015 Justice Okon Abang of Federal High Court perpetually restrained the National Drug Law Enforcement Agency (NDLEA) and other agencies of the Federal Government from “arresting, restraining, detaining, attacking or otherwise effecting the abduction” of Kashamu upon charges based on allegations of drug trafficking levelled against him by the US Government.

    Justice Abang also set aside and nullified a warrant for the Senator’s arrest for extradition proceedings issued by another Federal High Court judge, Justice Saliu Saidu.

    The extradition attempt followed an Extradition Treaty between the Federal Government and the U.S.A.

    But, disatisfied, the Attorney-General of the Federation (AGF) appealed both decisions.

    It argued, through its counsel, Chief Emeka Ngige (SAN), that Justice Abang erred in granting some of the injunctive reliefs.

    It urged the appellate court to set aside both lower courts’ judgment on the ground of miscarriage of justice.

    It further claimed that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.

    But in his counter application of last November 7, Kashamu, through his counsel, Lateef Fagbemi (SAN) Chief Akin Olujinmi (SAN) and Hakeem O. Afolabi (SAN), urged the court to dismiss the AGF’s appeal.

    In unanimous verdicts on Friday, and in two consolidated judgments, a three-man panel comprising Justices Yagarta Nimpar, Joseph Ikyegh and Anthony Ogakwu, upheld the government’s argument and upturned the lower court’s orders.

    Justice Nimpar, who read the summary judgment, held that the lower court, having struck out several paragraphs in the affidavit relating to allegations that former President Olusegun Obasanjo was behind the Senator’s travails and alleged plans to forcibly extradite him to the US, the same court was wrong to retain other paragraphs of the same affidavit containing hearsay allegations against Mr Dapo Abiodun and Chief Godwin Obla SAN.

    Justice Nimpar observed that the lower court relied heavily on speculations and conjectures in arriving at the judgment “which is not permitted in law.”

    The court berated the lower court for not giving the AGF’s counsel opportunity to file a counter affidavit in opposition to the case file presented by Kashamu, when  under the rules they still had three days to react to the processes.

    This infraction, Justice Nimpar held, nullified the entire proceedings.

    Justice Nimpar held: “The preliminary objection filed by the appellant against the substantive appeals is dismissed as lacking in merits.

    “The appeal filed by the AGF against the ruling of the lower court is not statute barred.

    “The oral statement of threat of abduction and forcibly transporting Senator BURUJI KASHAMU to the US is insufficient having not been backed by concrete evidence.”

  • Tension, as Obiano testifies in Anambra

    Tension, as Obiano testifies in Anambra

    •Counsels in shouting match
    •Double registration takes lead

    There was tension as the Anambra State governorship elections tribunal in Awka, following the testimony of Governor Willie Obiano who mounted the witness box for the second time in a week yesterday.

    While being cross examined yesterday at the tribunal by Chief Emeka Ngige SAN, Obiano said he did not know the origin of the double registration document which was given to him by Ngige.

    But the session was marred by shouting match between Ngige and Patrick Ikwueto SAN, Counsel to the All Progressives Grand Alliance (APGA) who intermittently interjected during the cross examination.

    Also, Counsel to Obiano, Dr. Onyechi Ikpeazu SAN made things difficult for his fellow lawyers and reporters continuously talking in muffle tone, without making use of the microphone provided, this elicited murmurings from the crowded tribunal room.

    However, Obiano admitted that the pictures and signatures that appeared on the voters register appeared to be his own but insisted that he was not an INEC staff and would not know how it happened.

    The Governor was, in the witness box between 9.30am till 5.30pm yesterday at the tribunal which was filled to the brim because of his presence and that of Senator Chris Ngige of the All Progressives Congress (APC), Chief Victor Umeh, the Deputy Governor Dr. Nkem Okeke, the Speaker of Anambra State House of Assembly, Hon. Chinwe Nwebili among others.

    Also, when Ngige sought to tender the document that bore the particulars of Obiano on the voters register, Ikpeazu SAN, Ikwueto SAN and Ayotunde Ogunleye, INEC Counsel objected, describing it as inadmissible but the tribunal led by Hon. Justice Ishaq Bello over ruled the objection.

    However, the Governor, who was constantly addressed to as “witness” by Ngige which drew the ire of APGA lawyers admitted that the document was the one he used to transfer his registration from Lagos to Anambra State.

    He said he completed the form in the office of the Electoral Officer (EO) on the 21st of August, 2013, adding that he could not confirm his photograph on the form shown to him by Ngige which contained his pictures.

    At this point Ikpeazu SAN, counsel to Obiano interjected by reminding the tribunal that Ngige’s time had elapsed.

    This infuriated Ngige who on top of his voice said my lords, “this is the first time ever a fellow counsel would time his colleague”

    “It is disheartening, I have never witnessed this before in law practice for cross examining a witness” the anger made Hon. Justice Bello to add three more minute for Ngige.

    When the form was shown to Obiano he said “I am seeing the form for the first time, the picture there was not mine, I do not know who planted it there, there is no place my name appeared twice and there is no place I voted twice”

    But Ngige insisted that he should read out the figures on the form, the Governor insisted that they were tiny and that he could not read.

    Upon the insistence of Ngige, Obiano read out the Vinn number as 90F8B14888377881121 adding that what he saw was Obiano Maduabuchi Willie adding that the pictures do not appear to be his.

    “I did not know the origin of this but I have seen Obiano Willie Maduabuchi, also the second one Obiano Maduabuchi Willie and I can not confirm that adhoc staff that worked for INEC came from Nnamdi Azikiwe University (NAU)” he said.

    At the end of proceedings yesterday evening, Hon. Justice Ishaq Bello warned the lawyers that they should not be temperamental in their arguments.

    “The discrepancies and general practice of behavior will also be seen overseas, whatever we do here may make or mar the judicial system but our promise is that when  we leave here, we are not going to bear any grudges against any person” he said.

    Meanwhile, the People’s Democratic Party (PDP), and its Governorship Candidate, Tony Nwoye were handicapped yesterday as their matter could not hold.

    Rather, the tribunal had put forward their cases for today (Tuesday) as canvassed by Nwoye’s lead counsel, D.C Denwigwe SAN.

     

     

     

     

  • Ngige: dismiss applications of INEC, Obiano, APGA

    Ngige: dismiss applications of INEC, Obiano, APGA

    The Anambra State Election Petition Tribunal, led by Justice Ishaq Bello, will, on Friday, decide whether or not to strike out paragraphs of a motion by the Independent National Electoral Commission (INEC), Chief Willie Obiano and the All Progressives Grand Alliance (APGA).

    Last week, INEC’s counsel Ahmed Raji urged the tribunal to strike out some paragraphs in their motion.

    Senator Chris Ngige’s lawyers Mr. Rotimi Akeredolu and Chief Emeka Ngige were given time by the tribunal to reply to the application yesterday.

    At the resumed sitting, Emeka Ngige urged the tribunal to dismiss the application by INEC.

    His grounds were; whether the paragraphs are pre-election matters and whether the issue of the voter register was also a pre-election matter.

    Also, whether the documents pleaded with the schedule of the polling stations, electoral wards and local governments could be described as vague.

    Another ground is whether the background facts by the REC as duly pleaded were pre-election matters or unrelated grounds to the petition and whether a casual reference to a polling unit in a paragraph should result in the entire paragraph being struck out.

    According to him, “we are inviting you my lords in considering the grounds of the petition and see see that none of the paragraphs attacked in the petition merits the relief to be struck out.”

    Emeka Ngige argued that election was not what happened on election day, rather a process as described by the Supreme Court in one of its judgments.

    Akeredolu, replying to Obiano’s application, described the motion as incompetent, adding that it did not indicate under what order it was brought.

    “Paragraphs 14A, B, C, D, E, F, among others, do not exist in our petition as claimed by the respondents, which they have asked to be struck out. My lords will see that what we have in the address are 14(i), (ii), (iii), (iv) and 4(A), among others, and not what they claimed.

    “The paragraphs they want struck out deal with the voter register. The case of Mimiko and Akeredolu settled the matter in this instance.”

    Michael Lanor, who replied to the APGA application, said a court could not grant a relief not sought, adding that what the respondents were seeking did not exist.

    On whether Obiano was qualified to contest the election abnitio, Lanor said it was only the tribunal that had the right to determine it and whether INEC had the power to postpone an election without any reason.

    Counsel to Obiano, Ken Mozie, said parties were bound by their pleadings, especially where they complained about the particulars of the voter register.

    Chief Adegboyega Awomolo said it was the nature and character of pleadings in a petition that would determine whether the issue of voter register was a pre-election or post-election matter.

    Today, the trbunal will rule on some of the motions raised by Dr. Chike Obidigbo and APGA against Chief Willie Obiano and APGA .

    Ruling will also be delivered on the other matter involving Tony Nwoye, INEC and others where INEC was seeking to strike out some paragraphs of the petition.

     

    Counsel to Nwoye, D.C. DeNwigwe, argued last week that the petitioner would suffer if certain paragraphs were struck out. He said the time was not appropriate for such.

    The tribunal also ruled that Chief A.O. Ajana, counsel to the Peoples Democratic Party (PDP), would reply to an affidavit served him by INEC and other parties in the case.

    Only two of the judges, Justice Bello and Justice Akinniyi, sat during yesterday’s sitting.

    The governorship candidate of the All Progressives Congress (APC), Senator Ngige, was at the tribunal for the first time, while Obiano was absent.

     

  • Anambra poll: INEC has no record of election staff

    Anambra poll: INEC has no record of election staff

    For the fourth day running, the Awka, Anambra State office of the Independent National Electoral Commission (INEC) has failed to produce a list of permanent and ad hoc staff deployed by the electoral umpire for the November 16, 17 and 30 elections.

    Besides, INEC is yet to produce the voter register ordered for any ward, except for one in Aguata Local Government Area.

    All Progressives Congress (APC) lawyers have been inspecting election materials for four days, without the required staff list that forms part of the documents ordered to be produced for inspection and copying.

    INEC officials pleaded for patience to enable them produce the list today.

    A source close to INEC said the list does not exist, adding that “it is being put together now”.

    An official, who was a Polling Assistant in Idemili North, was overheard at the INEC office in Awka venting her frustrations because she was asked to complete another form last Friday.

    According to her, “they told us that the arrested Electoral Officer for Idemili North has the list of all the staff who worked in the elections for Idemili North, so we cannot be paid until another list is constructed”.

    INEC is yet to provide the voucher for payment of electoral staff, another vital document requested by APC lawyers and ordered by the Gubernatorial Election Tribunal.

    “We will give them the benefit of the doubt till tomorrow as they requested,” Bona Oraekwe, member of the legal team said.

    The tribunal, headed by Justice J K Kaigama, last Wednesday, ordered INEC to avail APC of election materials used for the conduct of the governorship elections. They include voter register for the three-phased elections. The court also granted the prayers of Emeka Ngige (SAN), leading a team of other lawyers for INEC to produce Forms EC8A,EC8B EC8C,EC8D, EC8G,EC8E (results sheets at all levels) used for the elections.