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Tag: nullifies

  • Court nullifies Kano PDP governorship primaries

    A FEDERAL High Court has nullified the primary election that produced Abba K. Yusuf as Kano State People’s Democratic Party (PDP) governorship candidate for Saturday’s election.

    Justice Lawis Alagoa ruled that Yusuf’s candidature was not recognised by law because no primary election was held to produce him.

    The judge, however, ruled that the PDP should conduct a fresh primary to produce a candidate that can be recognised by law before Saturday’s election.

    Ibrahim El-Amin Little, a PDP governorship aspirant, had approached the Court, challenging the process that led to Yusuf’s emergence as the PDP candidate.

    His grouse was that the party denied him the right to contest the primary election after buying his expression and nomination forms.

    Little had prayed the court for interpretation whether the party could field a candidate for the election without conducting primary election or not.

    But, the state PDP executive members, led by Senator Masa’ud El-Jubrin Doguwa and thousands of their supporters, have defected to the All Progressive Congress (APC).

    Addressing reporters in his office, the PDP Chairman said he decided to collapse the party into APC due to alleged injustice being meted out to them by the Prince Uche Secondus-led National Working Committee (NWC).

    He said: “I called this news conference just to brief you of a very painful decision that we have taken. This is so painful. We have no choice but to take this decision of leaving the PDP. Today, we have decided to move to the APC.

    “This is a painful decision because for over 40 years, I have been in politics; I have never changed a political party for whatsoever reason.”

    Doguwa added: “When I came in as the party’s chairman, we started with two groups led by former Foreign Affairs Minister Ambassador Aminu Wali and former Governor Ibrahim Shekarau.

    “At a point, when Senator Rabi’u Musa Kwankwaso came in from nowhere, they forced Mallam Shekarau to leave PDP unceremoniously against his wish.

    “Today, the kangaroo primary election conducted by Kwankawso and his people has vindicated Mallam Shekarau.

    “Even at that, do you know that their so-called candidate, Abba K. Yusuf has never called me as the party’s chairman to solicit for my support. Senator Kwankwaso, who wants to make Abba the governor, has never called me to say we are working together.

    “They don’t respect us. So, the best thing for us to do is to leave PDP in peace. We opted out so that even though PDP is failing in the next election, nobody will blame us.”

    According to Doguwa, “the major reason why we are joining APC is because Ganduje has been fair to us, irrespective of our political inclination.

    “He has been in touch with us. Today, he needs our support and we are ready to give him that support. We are going to APC to support Ganduje to stabilise Kano politics and to ensure that peace and harmony reigns in this state.

    “I and the members of my exco are leaving a party we built over the years to join the APC.”

    The Nation learnt that Wali and Senator Bello Hayatu, with thousands of their supporters, have also planned to dump PDP for APC.

  • Appeal Court nullifies ex-Ondo deputy governor’s impeachment

    The Court of Appeal sitting in Akure has reversed the impeachment of Alhaji Ali Olanusi as the deputy governor of Ondo State. Olanusi was impeached on April 27,2015 by the State Assembly under the leadership of the former Speaker Jumoke Akindele over allegation of anti-party activities.. The former deputy governor who is now a member,Board of Trustees of the All Progressives Congress(APC)was away on medical vacation when he was impeached. The Akure High Court had earlier upheld the impeachment, which prompted Olanusi to approach the Appeal Court. The court yesterday held that the impeachment of Alhaji Olanusi was not done in accordance with the provisions of the law. In his judgment, Justice Muhammed Danjuma said Olanusi was wrongfully impeached. Justice Danjuma also held that the former deputy governor was not accorded fair hearing before he was impeached. He ordered the restoration of the rights and benefits due to  Olanusi from the time of his removal from office to when the tenure of the administration he served in ended.

  • Court nullifies Bayelsa community trust

    A state High Court, sitting in Sagbama, the headquarters of Sagbama council area of Bayelsa state, has nullified the appointment of recently inaugurated Ogbotobo and Agbayama Community Trust.

    The presiding judge, Justice I. Eradiri, while ruling on a motion challenging the inauguration of the community trust, noted that the failure of the respondents, including the Attorney General of the state and the Special Adviser to the Governor on Oil and Gas, to respect a substantive matter in the court.

    According to the judge, ruling on a motion filed by the acting paramount ruler of Ogbotobo community, Chief Roland Chidiowei and others, all representing the Egbemo Cluster Communities, the respondents acted in contempt of a substantive court process.

    In the ruling, Judge Eradiri said: “I think the government was rather too hasty in doing so. The Attorney General could not have claimed that he was unaware of the pendency of the motion for the enlistment when it proceeded to inaugurate the respondents into the Community Trust (CT).

    “If any party should be embarrassed, it is the Attorney General and the Attorney General has not complained of any embarrassment the government would suffer, if the suit is relisted and heard on the merit. In any case, the respondents, who took up appointments, were aware of the motion, even though they had not been formally served as at 20- 2-2017 when the motion came up for mention.

    “Where a party had knowledge of the pendency of a motion to relist a case struck out and acts in a manner as to overreach the main suit, which may or may not be relisted and heard on the merit he does so at his own peril and cannot be held of having been embarrassed by the re-listment. The respondents ought to have awaited the outcome of the motion for re-listment before accepting their inauguration into the community trust.

    “I hold that the claimant/applicant has satisfied all the conditions for relistment. Accordingly, suit number EHC/17/2016, which was struck out on 2nd February, 2017  is hereby relisted. The substantive suit is hereby adjourned to 4th May, 2017 for all pending motions”, the judge ruled.

    Respondents in the motion included the Special Adviser to the Governor on Oil and Gas, Bayelsa state; Permanent Secretary, Ministry of Mineral Resources, Bayelsa state, the Attorney General, Ministry of Justice, Bayelsa state, the Commissioner of Police, Bayelsa state and the Shell Petroleum Development Company Limited.

    Other respondents were Samuel Sapele, Edward Shagari as well as Fidelix Miedoukumor, Prince Yola  and others, for themselves and on behalf of the members of Ogbotobo and Agbayama community trust, inaugurated sometime in July 2016.

     

  • Court nullifies removal of OGSIEC chairman, members

    Court nullifies removal of OGSIEC chairman, members

    After almost six years of legal battle, the Appeal Court sitting In Ibadan, the Oyo State capital, yesterday nullified the May 31, 2011 removal of the Chairman and members of the Ogun State Independent Electoral Commission (OGSIEC), by Governor Ibikunle Amosun.

    The court described the order of a lower court, which upheld the removal, as one “inconsistent with the provisions of Section 201(2) of the 1999 Constitution and Section 8 of the State Independent Electoral Commission Law.”

    Kayode Adeleye (Chairman), Yeside Kuforiji, Oluwole Olaleye, Adeyemi Lawal-Solarin, Oyeniyi Adekola, Olatunji Falola, Ademola Ogunleye and Paul Onanuga had challenged their removal at the lower court but lost in the judgement delivered on December 23, 2011.

    They appealed and sought a declaration that Justice Olatokunbo Olopade’s judgment was null and void.

    In the suit before Justices Modupe Fasanmi, Chinwe Eugenia Iyizoba and Nonyerem Okoronkwo, the appellants canvassed that Amosun erred on the side of the law by dissolving the commission through a statement dated May 31, 2011 and signed by his Senior Special Assistant ( SSA) Media and Communication, Mrs Funmi Wakama.

    The court said: “The tenure of the office of the governor under the 1999 Constitution as well as that of the state lawmaker is four years.

    “The constitution, however, grants the members of the State Independent Electoral Commission tenure of five years.

    “This was done deliberately  to create continuity and stability in the electoral process and governance.

    “It is not the intention of the constitution that the membership of those commissions should change with fortunes of  parties in a state.”

    Justice Iyizoba said: “I hold that the appeal has merit. It is hereby allowed.

    “The tenure of the appellants has since expired but the relief sought in the Notice of Appeal on page 123 of the record is an order of this court setting aside the decision of the lower court.

    “The decision of the lower court is hereby set aside. I make no order as to costs.”

  • Appeal Court nullifies nomination of Oyo monarch

    Appeal Court nullifies nomination of Oyo monarch

    THE Court of Appeal, Ibadan Division has nullified the emergence of Jimoh Oyeyemi Oloyede as the Aressadu of Iressadu in Surulere Local Government Area of Oyo State.

    In a unanimous judgment delivered by Justices M.B. Doing an-Mensem, Mudashiru Nasiru Oniyangi and Nonyerem Okoronkwo, the court also set aside the judgment of the State High Court delivered on April 4, 2000.

    The trio of Princes Adeyeye Oyerinde, Adegbola Oyerinde and Oyeyemi Oyerinde, for themselves and on behalf of Sunloye branch of Oshunbiyi ruling house had approached the Appeal Court to set aside the decision of the High Court, sitting in Ogbomoso and delivered on April 4, 2000.

    The respondents, according to the ruling obtained from the office of the Registrar, Court of Appeal, Ibadan, are the Soun of Ogbomosho, Oba Jimoh Oyewumi,  Surulere Local Government secretary, Jimoh Oyeyemi Oloyede, the governor, attorney general, Prince Bello Oloyede (for himself and on behalf of Oshunbiyi ruling house, excluding Sunloye branch), Chief Salami Amoo (for himself and on behalf of other Aresaadu Kingmakers) and Surulere local government.

    The appellants, who are principal members of Sunloye branch of the Oshunbiyi ruling house of Aresaadu, the other branch being Idowu branch, Latilewa branch and Okunola branch are said to be entitled, to the exclusion of other mentioned branches, to present a candidate for the vacant tool of Aresaadu.

    The appellants said: “It was the turn of Osunbiyi ruling house to fill the vacancy which the other branches had gotten their turn in this order of rotation: Idowu, Latilewa, Sunloye and Okunola.

    “That when pursuant to a letter written by the second respondent (secretary, Surulere local government) dated October 11,1996 to the Osunbiyi ruling house, requesting it to a present candidate to the kingmakers of Aresaadu within 14 days, the Osunbiyi ruling house fixed a meeting for October 22,1996 and the second respondent(secretary, Surulere local government) was present as an observer.

    “However, when the head of Osunbiyi ruling house called on the head of Sunloye branch to present their chosen candidate of Sunloye branch for the vacant stool, the second respondent insisted that as many candidates as possible must be nominated by reason of which majority of the ruling house protested and walked out but the meeting went on after which the minute of the meeting was prepared by the secretary of the ruling house wherein he stated that nine candidates emerged and the names of the candidates were forwarded to the local government, the first respondent (Oba Jimoh Oyewumi) as well as the second respondent, but nonetheless and without investigating the merits of their petitions and the second respondent forwarded the names to the kingmakers, the kingmakers however in view of this breach of the custom refused to sit for almost two months and when the second respondent threatened to appoint, warranted the kingmakers to eventually appointed the third respondent, hence the suit at the lower court.”

    The appellants then sought an order from the Court of Appeal setting aside the said judgment of the lower court and entering final judgment in favour of the plaintiff.

    In his ruling, the lead judge, Justice Mudashiru Oniyangi considered three clauses as being germane to the case.

     

  • Appeal Court nullifies impeachment of Nyako

    The Yola Division of Federal Court of Appeal on Thursday declared the impeachment of former Governor Murtala Nyako of Adamawa as unconstitutional, null and void.

    The News Agency of Nigeria (NAN) recalls that the Adamawa House of Assembly had on July 16, 2014, impeached and removed Nyako for gross misconduct.

    In a unanimous judgment by the five justices of the Court of Appeal, the court said the impeachment was not done in accordance with the provisions of the law as the governor was not served the impeachment notice personally.

    In the lead judgment read by Justice Tunde Ayotoye, the judges agreed that Nyako was not given fair hearing.

    The court ordered that Nyako be accorded all rights of the Office of the Governor of Adamawa through the period and paid all his entitlements as governor while it lasted.

    The court, however, struck out the appeal by Nyako to be returned as governor of the state as his tenure as governor had elapsed.

  • Anambra tribunal nullifies senatorial poll

    Anambra tribunal nullifies senatorial poll

    Oduah, Onyema, Azodo’s win upheld   

    The election petition tribunal sitting in Enugu yesterday nullified the Enugu East Senatorial election. It ordered that a fresh election be conducted within 90 days.

    The tribunal held that the election did not comply with the 2010 Electoral Act as it was marred by irregularities.

    Chairman of the tribunal, Justice Matthew Adewara said allegations of alteration of results, mutilations and cancellation were proven by the petitioners

    Relying on the evidence of the forensic expert, who testified on behalf of Chimaroke Nnamani, the tribunal held that irregularities alleged in the conduct of the election were “gross and fundamental”, noting that it did not comply with the rule on voter accreditation and with proven cases of multiple voting, ballot box stuffing and over- voting.

    Nnamani challenged the declaration of Nnaji as winner of the election. He alleged that there were widespread irregularities, malpractices and corruption in the conduct of the election.

    He alleged that the conduct of the election was not in compliance with the 2010 Electoral Act.

    He prayed the tribunal to nullify the result of the election and declare him winner.

    Nnamani’s counsel Olusegun Jolawo expressed satisfaction with the judgment, but said their team would have been happier if his client had been returned as winner.

    Counsel to INEC Mr. Wilfred Nwabude said the commission would look into the judgment and know its next line of action.

    The Justice Hezekiah Solanke-led election petition tribunal sitting in Anambra State has upheld the election of the former Minister of Aviation, Princess Stella Oduah of the Peoples Democratic Party (PDP), representing Anambra North.

    The tribunal also upheld the election of Eucharia Azodo and Chuchu Onyema, representing Aguata and Ogbaru federal constituencies.

    Chief Dubem Obaze of the All Progressives Grand Alliance (APGA) challenged Oduah’s victory, alleging that the PDP carted away materials and intimidated security operatives.

  • Court nullifies Plateau election

    A Federal High Court, Abuja, yesterday nullified the October 6, 2012 by-election in Plateau North Senatorial District and Barkin-Ladi State Constituency.

    Delivering judgment in a suit filed by the Congress for Progressive Change (CPC), Justice Adeniyi Ademola ordered Gyang Pwajok and Kaneng Gyang Fulani to vacate their offices as senator and House of Assembly member.

    He granted consequential orders against the duo to stop parading themselves as elected representatives of the people.

    The elections were conducted following the death of Senator Gyang Dantong and Plateau State House of Assembly Majority Gyang Fulani.

    They were killed when they were attending the mass burial of about 50 victims of an attack on villages in Barkin Ladi and Riyom local governments.

    Justice Ademola ordered the Independent National Electoral Commission (INEC) to conduct a fresh election within 90 days.

    He awarded a N5million cost against the commission in favour of the applicant.

    The CPC had approached the court after its candidates’ names were rejected by INEC prior to the election.

    The court held that INEC has no power to reject the names of candidates nominated by their parties, following the amendment of the Electoral Act, 2010.

  • ACN kicks as tribunal nullifies council chair’s election

    The Lagos State Local Government Election Petitions Tribunal yesterday nullified the election of the Ikoyi/Obalende Local Council Development Authority (LCDA) Chairman, Mr. Adewale Adeniji of the Action Congress of Nigeria (ACN).

    The five-man panel, chaired by Justice Dolapo Akinsanya (rtd.), declared Mr. Babajide Obanikoro of the Peoples Democratic Party (PDP) winner Adeniji was declared winner in the October 2011 local government election.

    ACN Assistant Publicity Secretary Chief Funso Ologunde said the tribunal’s verdict was not the true reflection of the facts.

    He said ACN would appeal the judgment.

    Ologunde said: “The tribunal has only delivered the judgment based on their understanding of the issues before them. We disagree with the judgment and have directed our counsel to file an appeal immediately.

    “We are very optimistic that the appeal tribunal would see the issues involved in their true perspective.”

    In a unanimous decision, the Akinsanya-led panel held that Obanikoro scored the highest number of valid votes and consequently ordered the Lagos State Independent Electoral Commission (LASIEC) to revoke the Certificate of Return issued to Adeniji.

    It declared that the petitioner had proven to the tribunal that election results were not collated at the unit and ward levels as shown in the LASIEC Forms 9A, which were admitted as exhibits.

    The tribunal said:”Section 11(2) of the Local Government Election Petitions Tribunal Law 2011 empowers this tribunal to nullify any election that does not comply with the laid down regulations.

    “The petitioners have been able to discharge the burden of proof vested on them as regards the collation of results. It transferred the onus to the respondents, who did not tender any LASIEC Form 9A, which is the first stage of any election.

    “The petitioners have shown that the non-collation of the results at the units and ward levels substantially affected the outcome of the result declared by LASIEC.”

    The panel said from the available evidence before it, Obanikoro had 3,770 votes. Adeniji had 3,248.

    The tribunal awarded N100,000 cost in favour of the petitioner.