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Tag: Oduah

  • I’m not under probe for N255m bullet-proof BMW cars, says Oduah

    I’m not under probe for N255m bullet-proof BMW cars, says Oduah

    Former Minister of Aviation Senator Stella Oduah has claimed that there was no basis upon which she could be probed in connection with the N225 million bullet-proof BMW cars she purchased as a minister.

    The senator said she was unaware of any probe by the Economic and Financial Crimes Commission (EFCC) on any matter concerning her.

    She was reacting to media report that she had been invited by the EFCC for questioning over the cars.

    Ms Oduah told the News Agency of Nigeria (NAN) in Abuja at the weekend that that there was no basis upon which she could be probed, saying that the vehicle did not belong to her.

    “To start with, I do not know where any letter on the probe is because nobody has invited me. And as far as I know, there is nothing and there cannot be anything on invitation for purchase of a BMW.

    “I did not buy a BMW; I have never bought a BMW. The BMW is a property of the government, and it is still in government’s care.

    “The car is with the agency that bought it.

    “The agency is still using it, and so, why will the car which belongs to government and in the care of government and being used by government, be an issue for me?

    “I have since left the ministry,” she said.

    She said the reports were the handiworks of persons, who were not comfortable with the tremendous achievements she made in the aviation sector and wanted to tarnish her image.

    The former minister said when she was appointed, Nigerian airports were in poor states and could be compared to motor parks.

    She added that no effort by anyone, including her predecessors in the ministry, could be compared with what she did to reposition the aviation industry for the period she was the minister.

    Oduah, now a lawmaker, challenged anyone to do a comparative analysis of the sector before she became minister, while she was minister and after she left as minister.

    “I think some people are not just comfortable that what we did in aviation is unimaginable.

    “What we did in aviation was so far-reaching that it had never been done before; it was unprecedented.

    “To get into the lounge where people sit was impossible; most motor parks were better than what we had at the airport, whether in Lagos, Abuja or Sokoto.

    “We took them on and efficiently, and in a very timely manner, changed every one of them and made Nigeria airspace safe,’’ she said.

    She said safety of Nigerian passengers was made a priority while she held sway, adding that landing gears, flight gadgets and every single thing was functioning to make Nigeria’s airspace recognised by International Civil Aviation Organisation (ICAO).

    “I challenge anybody to just do a spreadsheet; how aviation was before, how I made aviation and how aviation is today.”

  • Ubah, Oduah remain senators

    Ubah, Oduah remain senators

    A Federal High Court in Abuja yesterday upheld the candidacy of former Aviation Minister, Stella Oduah, Senator Andy Ubah and others for last year’s national and state legislative elections in Anambra State.

    Justice Adeniyi Ademola, in a judgment yesterday, held that the list of candidates, containing the names of Oduah, Andy Ubah and others, submitted to the Independent National Electoral Commission (INEC) by the National Working Committee (NWC) of the Peoples Democratic Party, was the authentic list of candidates.

    The judgment was on a suit by Senator Annie Okonkwo, Chukwunedum Chris Ubah and 42 others, who were listed as candidates in the list submitted to the INEC by the Anambra State Executive Committee of the PDP led by Ejike Oguebego.

    The plaintiffs had, among others, challenged the decision of the INEC to substitute their names earlier published on the INEC’s website prior to the election, for those contained in the list submitted to it by the party’s NWC.

    They urged the court to void the INEC’s decision to replace their names with those of Oduah, Andy Ubah and others.

    In his judgment yesterday, Justice Ademola resolved the four issues he identified for determination against the plaintiffs.

    The judge faulted the plaintiffs’ contention that the INEC, having published their names first, could not replace them with a list of other people without a valid order of court.

    Justice Ademola said the mere publication of the plaitiffs’ names on the INEC’s website was without any legal consequences and did not qualify them to be regarded as the authentic candidates of the party.

    “The state Executive of a party or any organ of the party at the state level lacks the power to sponsor candidates. It is only the primary election conducted by the National Executive or their delegates that can validly conduct primary to produce its candidates,” the judge said.

    Justice Ademola, who referred to the January 29, 2016 judgment and February 24, 2016 ruling of the Supreme Court on similar issues, involving parties in the case, held that the apex court’s judgment and ruling were not in favour of the plaintiffs in this case.

    The judge, who also referred to an earlier judgment by the late Justice Evoh Chukwu (also of the Federal High Court, Abuja), said the judgment only upheld the legitimacy of the Ejike Oguebego-led state Executive of the PDP in Anambra.

    Justice Ademola held that the fact that Justice Chukwu’s judgment upheld the legitimacy of Oguebego-state EXCO of the PDP in Anambra State did not confer on it the power to nominate candidates for the party.

    He said political parties, being national organisations, the power to nominate/select candidates for a party resides with its National Executive Council, not the state Executive Council.

    He dismissed the suit, but made no order as to cost.

  • Uba brothers, Oduah battle for Anambra PDP congress

    As the Anambra State chapter of the Peoples Democratic Party (PDP) holds its state congress tomorrow, Chief Chris Uba and his elder brother, Senator Andy Uba, appeared to have renewed their battle for the control of the party.

    Also, the senator representing Anambra North, Stella Oduah, is among the party’s top players in the quest to produce the state chairman in tomorrow’s congress.

    It was gathered yesterday in Awka, the state capital, that PDP’s national body recognised the ward and local government congresses organised by the Chief Ejike Oguebego leadership.

    The state congress will take place at the spacious Emmaus House in Awka with the chieftains battle-ready to produce the party’s executives.

    PDP’s national body recently dissolved the executives in 33 states except in three others.

    But the party’s crisis has not abated as two different committees monitored the congresses in the state during the ward and council congresses.

    It was gathered that Alhaji Abubakar Mallam (Shettima Gwandu) was detailed for the Oguebego-led party’s congress in the state while Ladi Edun said he was posted by the party to Anambra State during the ward congress.

    During the ward congress, there were no forms of fracas, as it used to be in the state because of factions.

    Speaking with our reporter yesterday in Awka on the party’s preparedness, Oguebego said PDP members were ready to elect their executives.

    He said the party’s Administrative Secretary was carrying everybody along.

    The party’s big wigs, like Chief Chris Uba, his siblings – Senators Ugochukwu and Andy – were said to have arrived in the state ahead of the state congress.

    Also, Oduah, who was Aviation Minister under former President Goodluck Jonathan; her successor in the ministry, Chief Osita Chidoka; a chieftain, Annie Okonkwo, among others, were also said to have arrived in the state.

  • Supreme Court: we didn’t sack Andy Uba, Oduah, others

    Supreme Court: we didn’t sack Andy Uba, Oduah, others

    THE Supreme Court yesterday explained its January 29 judgment in relation to the leadership dispute in the Anambra chapter of the Peoples Democratic Party (PDP).

    The court said the judgment did not resolve the question relating to the legitimacy or otherwise of the list of candidates submitted for the National Assembly election by the factions of the Peoples Democratic Party (PDP) in Anambra State, because the issue was not before it.

    By implication, the Supreme Court ruled that Senators Stella Oduah and Andy Uba, and other PDP lawmakers in Anambra State are to retain their seats.

    It said although it upheld the judgment of the Federal High Court, Port Harcourt, to the effect that the Ejike Oguebego-led Executive Committee of the Anambra PDP was the authentic body to run the party’s affairs, it did not say the Oguebego Exco could assume the responsibilities of the party’s National Executive Committee (NEC).

    Justice John Okoro, who read the lead ruling of a five-man bench, said the Supreme Court neither ordered the Independent National Electoral Commission (INEC) to accept the list of candidates for the National Assembly from the Oguebego-led Exco nor did it direct INEC to conduct fresh elections into the National Assembly in the state.

    The court’s position was contained in its ruling yesterday on a motion by INEC, asking the court to clarify its position in the judgment it gave on January 29.

    INEC, in its motion filed on February 8, asked the court whether, by virtue of the judgment, it should issue certificate of return to the names contained in the list submitted by the Oguebego-led Exco or conduct fresh elections.

    The court dismissed the motion filed and argued by Adegboyega Awomoolo (SAN) for INEC and upheld the objection by lawyer to the Oguebego-led Exco, Chris Uche (SAN), on the grounds that it lacked the jurisdiction to engage in the clarification of a judgment that was straightforward and written in simple language.

    The court, on January 29, delivered its judgment in the appeal between Ejike Oguebego and Another versus Peoples Democratic Party (PDP) and two others.

     “It is untrue that parties do not understand the import of our judgment. Where in the judgment did we state that the Oguebego-led committee should take over the functions of the National Executive Committee (NEC) of the PDP so that it can submit list to INEC? I think counsel are not fair to this court when they say they do not understand the judgment of this court, which was written in simple English language.

    “May I admonish counsel, both senior and junior, that in the course of their job, they have a duty to this court. As much as they owe a duty to their clients, they also owe a duty to the public not to mislead them. On the whole, I hold the view that this court lacked the jurisdiction to hear this motion that was filed on the February 8, 2016. It is hereby struck out,” Justice Okoro said in his lead ruling.

    Other members of the panel, including Justices Sylvester Ngwuta, Mary Peter-Odili, Datijo Muhammad, and Kumai Akaa’hs agreed with Justice Okoro’s reasoning.

  • Bulletproof cars: Court dismisses Oduah’s suit

    Justice Okon Abang of the Federal High Court, sitting in Lagos, yesterday, dismissed a fundamental rights’ suit filed by Senator Stella Oduah.

    The judge upheld an objection by the Attorney-General of the Federation (AGF), Abubakar Malami (SAN).

    Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos, and awarded N15,000 as cost against Oduah.

    Justice Mohammed Yunusa, now of the Enugu Division, last August 26, granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

    The case is about two armoured BMW cars bought in 2013 for over N255 million by the Nigeria Civil Aviation Authority (NCAA) when she was minister of Aviation.

    It was reassigned to Justice Abang, who adjourned for judgment before his transfer to Abuja Division. He returned to Lagos to deliver the verdict.

    Justice Yunusa barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC), AGF and Inspector-General of Police from inviting the ex-minister for interrogation.

    The order was to subsist until yesterday’s judgment.

    Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection challenging the court’s jurisdiction.

    The judge held that there was no evidence that the ex-minister’s rights were to be violated in Lagos.

    Besides, the judge said it would not amount to a violation of her rights, if the Federal Government had any reason to arraign Oduah in a Lagos State High Court as she alleged.

    The AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

    ”From the applicant’s averments, there is nowhere she mentioned that her rights were or was being breached by the respondents within the territorial space called Lagos.

    ‘’There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.”

    ‘’The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights, which did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

    Justice Abang agreed with Gazali’s submissions.

    The AGF also said Oduah had not established any cause of action against it, having not proved that she was invited, arrested or detained by the AGF.

    ”The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void. The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

    The vehicles, bought under Oduah’s watch as Aviation minister, were said to have cost N255 million, an amount that sparked outrage.

    Oduah, in a supporting affidavit, justified the 2013 purchase of two bullet-proof BMW cars by the NCAA.

    The former minister, who represents Anambra North Senatorial District, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents causing havoc in the Northeast.

    Oduah said the bullet proof cars were necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Police were bombed in Abuja.”

    ”It was imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

    She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

    Oduah said the bid to arrest her for a crime she did not commit began as the general election approached.

    According to her, the House of Representatives, led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were out to get her.But the lawmakers’ move, she said, was part of a plan by the All Progressives Congress (APC) to capture power by all means.

  • Uba, Oduah, others were not sacked by Supreme Court, says lawyer

    Uba, Oduah, others were not sacked by Supreme Court, says lawyer

    National Assembly members representing two senatorial districts and seven federal constituencies in Anambra State were not sacked by the Supreme Court, their lawyers said yesterday.

    According to Vincent Otaokpukpu, led by Chief Arthur Obi Okafor (SAN) (counsel for the third respondent in the appeal), the judgment had nothing to do with the lawmakers’ status.

    The lawyers said their clients emerged from primaries conducted by the Peoples Democratic Party (PDP) National Executive Committee.

    According to them, the lawmakers’ names were submitted to the Independent National Electoral Commission (INEC) by the party.

    They said the Supreme Court was asked to determine five issues: whether the Court of Appeal was right to hold that the lower court should not have assumed jurisdiction over the case relating to the protection of the sanctity of judicial process of which the first respondent was in contempt; and relating to INEC’s administrative decision.

    Other issues are whether the Court of Appeal was right to have held that the appellants’ case was an abuse of court process on the bases of another case that the appellants were not party to; and whether the Court of Appeal was competent to determine the issue of whether the appellants’ case was an abuse of court process on the basis of a point raised by the court suo moto (without prompting) in respect of which the parties were not called upon to address the court, among others.

    According to the lawyers, the Supreme Court held that the Federal High Court order recognising the Ejike Oguebego-led PDP executive was still subsisting until it is set aside by an order of court.

    A five-man panel, led by Justice Sylvester Ngwuta, unanimously affirmed a verdict delivered by Justice Evoh Chukwu of the Federal High Court in Abuja, on December 15, 2014, which affirmed the Ejike Oguebego-led executive committee, with the primaries conducted by it, and its list of candidates that emerged from the exercise.

    The lawyers said it was clear that the Supreme Court did not order the withdrawal of the certificate of return issued to their client, nor did it hold that Oguebego’s faction had the right to sponsor candidates.

    “The apex court did not order Senator Uba, Senator Oduah and seven other members of the House of Representatives representing Anambra State from the PDP to vacate their seats as rumored in the social media as same was not asked for by the appellant (Ejike Oguebego) in the Supreme Court nor at the Federal High Court, hence the court is not a Father Chrismas. As such, they were not parties at the Federal High Court and the Supreme Court.

    “The apex court did not equally authorise INEC, who was the 2nd respondent, to substitute our clients with the individuals, whose names were improperly allowed by INEC in obvious disregard of the plethora of judgments of the Supreme Court to the effect that it is only the National Executive Committee of the party that has the vires and capacity to sponsor candidates,” the lawyers said in a statement.

    The lawyers said the Supreme Court delivered a ruling in an appeal arising from the Court of Appeal judgment and Federal High Court.

    It said: “It is the National Executive of the PDP that has the responsibility to conduct the party’s National Assembly primaries. Any purported attempt to conduct such primary by the state chapter of the PDP cannot be validly characterised as competent…”

    The lawyers said the judgment gives a clear indication that PDP’s state Executive Committee appears not to know its limit and hence its persistence in usurping powers not due to it.

    Okafor and Otaokpukpu said the Supreme Court, with last week’s judgment, further re-affirmed its initial position decided in other cases.

    “Therefore, the Supreme Court could not have authorised same Oguebego state-led executive to conduct primaries and submit lists to INEC in the judgment in SC/37/2015 delivered on 29th January, 2016 thereby blowing hot; and blowing cold in SC/29/2015 being two sister appeals from the judgment of the Court of Appeal and the Federal High Court, Abuja Delivered on the 6th February, 2015 and 5th December, 2014, respectively.

    “If the Supreme Court intended to overrule its earlier position in the first judgment, that is, SC/ 29/2015, Odedo vs. Oguebego & Ors (Supra) in the latter judgment, that is, SC/37/2015 Oguebego V. PDP & Ors, they would have expressly, unequivocally done so without mincing words being a policy court as there was no invitation by appellants for the Supreme Court to overrule their decision in the sister appeal,” said the lawyers.

    They faulted reports that the lawmakers were sacked, which they said was not based on the judgment judgment.

    “We further wish to state categorically that the Supreme court did not sack Senator Uba, Senator Oduah and members of the House of Representatives.

    “Rather, the Supreme Court emphatically, clearly, unequivocally and vividly held in the concluding part of the judgment at page 52 that: ‘The judgment of the Court of Appeal is hereby set aside. The order of the Federal High Court in suit No FHC/PH/CS/213/2013) (now suit No FHC/AWK/CS/247/2013) recognising the Ejike Oguebego led Executive Committee of the PDP, Anambra State Chapter is still subsisting until set aside by an order of court.’”

    According to the lawyers, even if the PDP appointed a caretaker committee to oversee the Anambra State chapter after the Ken Emeakayi-led executive’s tenure ended on October 24, 2014, it does not confer the right to conduct primaries on it under the PDP Constitution.

  • Uba brothers, Oduah, others battle for Anambra senatorial seats

    Uba brothers, Oduah, others battle for Anambra senatorial seats

    A key member of the Ejike Oguebego faction of Anambra State Peoples Democratic Party (PDP), Chief Chris Uba, has warned his brother, Senator Andy Uba, Ms. Stella Oduah and other to stop parading themselves as senators.

    Uba, while arguing that the judgment of the Supreme Court last Friday, which affirmed an earlier High Court verdict recognising the Ejike Oguebego exco as the state’s authentic leadership, advised the affected senators and House Representatives members to step down.

    He said he would lead other candidates, who emerged  under the Oguebego-monitored primaries, to the Independent National Electoral Commission (INEC) on Monday to demand their certificates of return.

    Andy and Oduah faulted the assumptions that the Supreme Court removed them from office, arguing that they were not party to the suit, which dealt with leadership crisis in Anambra PDP.

    Chris, who described himself as the “senator representing Anambra South,” while speaking with reporters in Abuja yesterday, said he was shocked that those who should be conversant with the laws could be deceiving the public regarding their true status after the Supreme Court failed to recognise the alleged dubious way through which they got to the Senate.

    He said: “The time for substitution had passed and we were busy doing our campaigns when, one week to the election, the Andy Uba faction went to the Court of Appeal and set aside the judgment of the High Court. Based on that, they took the judgment to INEC and their names were used to substitute our own. We cried foul, insisting we were not party to the suit. But INEC insisted that our names were initially published based on a court order and that we should appeal.

    “We appealed to the Supreme Court and the verdict on Friday vindicated our position, as the Supreme Court set aside the judgment of the Court of Appeal and agreed with the High Court and granted our five prayers.

    “Now, they (Andy Uba and Oduah) went on the air and issued press statements to deceive the public that the order from the Supreme Court did not affect them because they were not a party to the suit. The question is: when our names were removed by INEC and replaced with theirs, were we party to the suit? Now, they are shouting and trying to misinterpret a clear judgment that has removed them and given us victory. They are just deceiving the public. We will demand our certificates of return from INEC on Monday because the judgment is clear. We do not need to seek any further clarifications.”

    Uba added:  “When the exercise started, INEC wrote a to the PDP headquarters, telling the PDP that the Ejike Oguebego exco was the one that it would recognise based on an order of a Federal High Court in Abuja.

    “Unfortunately, the PDP ignored that letter and, instead, set up a two-man caretaker committee to come to Anambra State to conduct primaries. Of course, there was no room for that caretaker committee to operate in the state because the key to conducting the primaries is the three-man delegates from the 326 wards in the state.

    “It was obvious that without the state exco, the caretaker committee cannot be functional because the people to organise the state congress were expected to liaise with the state chairman. From there, they would set up a committee to go to the wards where the delegates to elect candidates into the legislatures, would emerge from. So, when they set up this caretaker committee, the Ejike Oguebego exco went to court and got a judgment recognising it as the right exco, therefore, making null and void the caretaker committee.

    “The judgment also instructed INEC and the PDP to conduct the electioneering exercise under the Ejike Oguebego exco, including the candidates participating. So, we obeyed the court order and did our primaries. The exercise was monitored by INEC and the relevant papers signed.”

    He said it would amount to injustice if the court had ruled in favour of the other group, comprising Andy, Ms. Oduah and others, who allegedly did not undergo any primaries nor visited Anambra.

  • Andy Uba, Oduah, others to INEC: You can’t withdraw our certificates of return

    Andy Uba, Oduah, others to INEC: You can’t withdraw our certificates of return

    •Insist Supreme Court didn’t sack them

    SENATORS Andy Uba and Stella Oduah as well as seven Peoples Democratic Party (PDP) House of Representatives members from Anambra State have written a letter to the Independent National Electoral Commission (INEC), dismissing reports that they were sacked by the Supreme Court on Friday.

    Mr. Arthur Obi Okafor (SAN), counsel to Uba (Anambra South); Oduah (Anambra North) and Reps Lynda Ikpeazu, Anayo Nnebe, Tony Nwoye, Chris Azubogu, Chukwuka Onyema, Obinna Chidoka and Eucharia Azodo,  in the letter, asked the  Commission not to be misled by reports to withdraw their Certificates of Return.

    They said nowhere in its ruling did the apex court sack them and that the thrust of the verdict was that the national leadership, not the state executive of the PDP had authority over the submission of candidates’ names for National Assembly elections.

    Many news outlets had interpreted the Supreme Court’s recognition of the Ejike Oguebego-led executive council of the party in the state as the authentic one.

    The primaries it conducted produced candidates other than those now representing the state in the National Assembly.

    The other faction, led by Augustine Akobundo and backed by the national leadership of the PDP, submitted its own list containing the names of the nine lawmakers and Uche Ekwunife to INEC.

    Ekwunife had earlier been sacked and has defected to the All Progressives Congress (APC).

    Okafor, in the January 29, 2015 letter to INEC and entitled The status of PDP Senators and Members of House of Representatives, said: “In two remarkable pronouncements, the Supreme Court of Nigeria eloquently held that no list other than that forwarded by the National Executive of the Peoples Democratic Party (PDP) shall be countenanced by the Commission.

    “In EMEKA v. OKADIGBO (2012) 18 NWLR (Part 1331) 55 at 87 Paras H-C the Court held thus:-

    ‘A diligent reading of the above reveals that it is the National Executive Committee of the PDP that is responsible for the conduct of the party’s National Assembly primaries.

    “The Court of Appeal was correct. There can only be one valid primary and that is the primaries conducted by the National Executive Committee. A primary conducted by the State Chapter of the PDP is not a primary.

    “It is an illegal contraption that carries with it no rights. It is a complete nullity. The primaries conducted on the 8th of January, 2011 were conducted by the National Executive Committee of the PDP and it was the only authentic primaries conducted by the PDP to choose its candidate for the Anambra North Senatorial Seat.

    “On the other hand, the purported primaries conducted on the 10th or 12th of January, 2011 were conducted by the State Chapter of the PDP.

    “It is null and void for the purpose of choosing the PDP’s candidate for the Senatorial elections. It is clear that at no time were two parallel primaries conducted.’

    “ In EMENIKE v. PDP (2012) 12 NWLR (Part 1315) 556 at 594 Para H, the Supreme Court in interpreting a similar provision was emphatic that the PDP primaries conducted by the Abia State Executive Committee  of PDP was illegal as it was not empowered to conduct primary election and that being the case, the “Respondent who emerged from the said primary was not properly elected. Further at page 602 para H, the Supreme Court settled the position thus:-

    “It must be elementary now, that the only valid primary is the one   conducted by the National Executive Committee of the PDP. The   primary which the Appellant participated in was illegal, it having   been conducted by the State Executive of the PDP.’

    “Also the Apex Court in SC.4/2014, SC.7/2014 and SC.752/2013: YAR’ADUA & ORS v. YANDOMA & ORS delivered on 19th December, 2014 per Mary UkaegoPeter-Odili JSC at page 34 held thus:

    “At the root of these decisions cited above is the fact that must be ingrained well in mind of the court and litigants that who becomes the candidate of a political party is an issue to be solely determined by that political party and well in its domestic realm and not for the interference of any agency or the court.

    “In that wise, since all the political parties are National, it is its National Executive Committee or delegates there from who can validly conduct a primary election or conduct a process through which the particular political party is to bring forth its candidate and no other arm of that party including a state organ of that party.

    “That was the gravamen of the case GARBA YAKUBU LADO & ORS. V. CPC & ORS (2012) All FWLR (Part 607) 623 and which the Supreme Court declined jurisdiction and also decided that neither the Court of Appeal nor the trial High Court had jurisdiction.’

    “It was therefore odd for the Legal Department of the Commission to have ill advised the Commission to purport to accept the list forwarded by a self-styled State Executive while disregarding the list already domiciled with the Commission and forwarded by the National Executive of the Peoples Democratic Party (PDP).

    “By so doing, the Commission purported to have acted pursuant to what was said to be an Order of Court made by the Federal High Court Abuja Division in FHC/ABJ/CS/854/2014.

    “Your Honour, a perusal of the Order made in the said proceedings will not disclose any place where the Federal High Court Ordered the Commission to accept a list of Candidates forwarded by a State Chapter of the Peoples Democratic Party (PDP).

    “That would have been a total impertinence if not rascality as every High Court is duty bound to obey the established principles of law as laid down by the Supreme Court of Nigeria.

    “Thus, with or without an Order of Court, on no account would the legal department or any other authority advise the Commission to accept a list forwarded by a self-styled State Executive.

    “It is also on record that our Client appealed the decision of the Federal High Court to the Court of Appeal which set aside the decision. Upon an appeal to the Supreme Court, the Supreme Court on 29th January, 2016 allowed the appeal.

    “This appeal has now excited some attention and has been subjected to blatant and crude misinterpretations which have necessitated this correspondence.

    “This correspondence is aimed at setting the record straight so that your good self will not again be misled by your legal department into unjustifiably occasioning an unnecessary confusion in the process.”

  • Judges handling Kashamu’s, Stella Oduah’s, ex-NIMASA chief’s cases transferred

    Judges handling Kashamu’s, Stella Oduah’s, ex-NIMASA chief’s cases transferred

    LITIGANTS with cases at the Federal High Court in Lagos have to wait as the Chief Judge, Justice Ibrahim Auta, has approved the transfer of some judges to other divisions.

    Among those leaving the Lagos Division are Justice Okon Abang, Justice Mohammed Yunusa, Justice Chukwujekwu Aneke and Justice Musa Kurya.

    Justice Abang, who barred the National Drug Law Enforcement Agency (NDLEA) from arresting Senator Buruji Kashamu for illicit drug dealing allegations, was transferred to Abuja.

    His pending cases are: Former Presidential Adviser Kingsley Kuku Vs. Economic and Financial Crimes Commission (EFCC) and Honeywell Group Vs. Ecobank Plc.

    Justice Yunusa, who granted the order restraining anti-graft agencies from arresting former Aviation Minister Princess Stella Oduah, was transfered to Enugu State.

    Justice Aneke was transfered to Benue, while Justice Kurya to Plateau.

    Justice Ibrahim Buba, expected to be moved to the North, will remain in Lagos.

    Among cases before Justice Buba is: Former Director-General of Nigeria Maritime Administration and Safety Agency (NIMASA)  Patrick Akpobolokemi, on trial for fraud.

    With the transfers, cases before the judges would begin afresh (de novo).

    It was learnt that some litigants were unhappy that their cases would be further delayed.

    A human rights group, Access to Justice (A2Justice) decried the transfers, saying such “arbitrary and routine” transfers of judges affect the speedy dispensation of justice.

    A2J lamented that the transfer of judges, who have commenced but not completed trials, could have drastic and traumatising effects on litigants and escalate the cost of litigation.

    “Such transfers of judges often times occur after the case has spent years on the docket of the court of the transferred judge,” it said.

    According to A2J, to re-start cases that have spent years on a cause-list afresh is painful, agonising and hard on litigants.

    “This would entail recalling witnesses and re-tendering evidence. Some of the cases affected  may also be fundamental rights cases, where issues of constitutional rights – including liberty or movement – may also be in question.

    “These administrative transfers force litigants to outspend themselves to resolve disputes or find remedies, in view of additional expenses involved in re-litigating a matter.

    “Transfers take their toll on, and burden witnesses too, some of whom may be unable, on health or other grounds, to return to court to give evidence again.

    “When witnesses are unable to reappear to give evidence and a case is thereby prejudiced, this perpetuates, replicates and amplifies negative public impressions about our court system and its ability to uphold the rule of law and dispense justice freely and efficiently.

    “No person affected by these transfers would have a positive impression of the court or how the courts take their responsibility to dispense justice,” A2J said.

    The group urged the National Judicial Council (NJC) to “adopt and issue a clear, enforceable policy that prevents any judge from being transferred or relocated from his or her court or division without an impact assessment of the effect of such transfers on cases.”

  • Fed Govt asks court to dismiss Oduah’s suit

    Fed Govt asks court to dismiss Oduah’s suit

    THE prosecution has asked the Federal High Court in Lagos to dismiss a suit by Senator Stella Oduah.

    The Office of the Attorney-General of the Federation (AGF) prayed the court to strike out a fundamental rights enforcement suit filed by Senator Oduah, the former minister of Aviation.

    Justice Mohammed Yunusa on August 26 granted an interim injunction restraining anti-graft agencies from taking any action against her, pending the determination of her suit.

    It is over the 2013 purchase of two armoured BMW cars by the Nigeria Civil Aviation Authority (NCAA) under her watch.

    The case was later transfered to Justice Okon Abang after the court resumed from its vacation.

    Yesterday, a lawyer from the AGF, Mr. T.A. Gazali, said the prosecution filed a preliminary objection to Oduah’s suit.

    Oduah’s lawyer, Ajibola Oluyede (the same lawyer who represents Senator Buruji Kashamu), confirmed receiving the AGF’s preliminary objection, saying he had filed a reply.

    Justice Abang, however, said none of the processes was in the case file passed to him.

    The AGF is challenging the territorial jurisdiction of the Lagos division of the Federal High Court to hear the case on the grounds that the alleged rights violation did not take place in Lagos.

    Justice Abang adjourned till November 24.