The Nation Newspaper

Tag: Supreme Court judgment

  • Protest rocks Alausa over Supreme Court judgment on Agidingbi

    Community leaders and residents of Agidingbi area of Ikeja yesterday embarked on a peaceful protest against the judgment of the Supreme Court, which awarded ownership of 398 acres of property in the community to a traditional land-owning family, Akinole-Oshiun.

    The possession order is said to cover a large section of the Lateef Jakande Road, Acme Road, Fagba Close and other streets around the area, totalling over 2000 buildings.

    The protesters, who marched from Agidingbi to the House of Assembly in Alausa, said the Akinole-Oshiun family, which is the judgment-creditor in the case, had already given them seven days ultimatum to vacate their houses.

    The demonstrators urged the government to  intervene to avert bloodshed.

    They carried placards which read:  “There is no ancestral link between Akinole and Agidingbi land”, “Land grabbers are enemies of Lagos State,” among others.

    The Leader of Ojodu Legislative Arm, Mr. Wasiu Bolaji-Seidu, who is also a community leader in Agidingbi, said the news of the possession order came to the community as a surprise, as nobody from the area was served with summons that led to the judgment.

    He said: “Last Friday, they (judgment-creditor) brought a judgment, placed it on our houses and said they have taken over the entire Agidingbi land. Nobody from Agidingbi was part of the case and I don’t know how you will enforce a judgment against a person that was never part of the case.

    “Agidingbi has been in existence for over 200 years ago. I was born and bred in Agidingbi; my forefathers were born and bred in Agidingbi and I don’t see any reason why somebody will just wake up and say they are the owner of the community.

    “I am over 50 years; my father lived for over 90 years in this community before he died; my great grandfather died at the age of 150 and I don’t know where Akinole is coming from. We have people like Abibatu Mogaji, who was the Yeye-Oba of Agidingbi. We have Femi Okunnu, who is our father in the community. We don’t know where Akinole came from.”

    Bolaji-Seidu urged the government to activate the provisions of the Anti-Land Grabbing Law of the state and prevent the matter from degenerating into a crisis.

    The Baale of Agidingbi, Chief Ganiyu Ayinde Haruna, said they were embarking on the peaceful protest to call the attention of the government to the crisis brewing in the community.

    An 83-year old resident, who is the Iyalode of Agidingbi, Evang. Dorcas Faworaja, said her great grandparents were born in the area, “therefore the claimant cannot just come from anywhere and lay claim to the community.”

    Receiving the protesters, Deputy Majority Leader Mr. Olumuyiwa Jimoh hailed them for conducting themselves peacefully.

    He said the House would look into the petition.

     

  • Supreme Court judgment ‘has not affected’ Rivers primaries

    The All Progressives Congress (APC) has said the judgment of the Supreme Court which invalidated the congresses that produced the state leadership is not in any way affect its primary election in the state.

    The Supreme Court had ruled that the conduct of the congresses which produced the current leadership at all levels cannot be allowed to stand.

    The party in a statement by the National Publicity Secretary, Mallam Lanre Issa-Onilu, said it had forwarded the names of Prince Tonye Cole and Victor Giadom to the Independent National Electoral Commission as the Governorship and deputy Governorship candidate for Rivers State.

    The statement reads: “In view of conflicting interpretations that have greeted the recent verdict of the Supreme Court on the contentions among our members in Rivers State chapter of the All Progressives Congress (APC), it has become necessary to clarify that the Supreme Court’s verdict has nothing to do with  the primaries conducted for the governorship and legislative positions in the state.

    “Therefore, the candidature of Arch. Tonye Cole along with his running mate, Hon. Victor Giadom remains inviolate. The list of our candidates for the governorship, National Assembly, and House of Assembly have been processed by the National Working Committee (NWC) according to the INEC guidelines.

    “Our party appreciates the support of the good people of Rivers State and their commitment towards the victory of our governorship candidate, Arch. Tonye Cole and other APC candidates at all levels in the 2019 elections.

    “A progressive leadership under the APC beckons and the people of Rivers State are poised to effect a change to move the  beleaguered state to a path of progress and development.”

  • Lawyers hail Abubakar on Supreme Court Judgment

    Lawyers have congratulated Bauchi State Governor Mohammed Abdullahi Abubakar on the validation of his election by the Supreme Court.

    Abubakar was until his election, the chairman of Arewa Lawyers Forum (ALF).

    The Supreme Court held that having not participated in All Progressives Congress (APC) primaries, Comrade Abdullahi Mohammed Tanko lacked the requisite locus standi to challenge Abubakar’s emergence.

    The Supreme Court further held that the subject matter was not an issue for the Federal High Court to determine, being outside its jurisdiction.

    Tanko had  secured a favorable judgment  from  the Appeal Court sitting in Jos, which Abubakar appealed against.

    Tanko had challenged the December 2014 APC primary election that returned Abubakar as the APC gubernatorial candidate.

    Tanko lost at the trial court, but won at the Court of Appeal.

    But, Abubakar appealed to the Supreme Court, faulting the entire Appeal Court judgment.

    Delivering his judgment on Friday, Justice Sidi Bage set aside the judgment of the Court of Appeal and upheld the trial court judgment.

    The Judge agreed with the  Counsel of the Appellant, Mr. Ahmed Raj (SAN), that the lower court erred on the  two major  fronts  of lack of locus standi and lack of jurisdiction.

    NBA First Vice-President Mr. Caleb Daja said: “I rejoice heartily with and congratulate Governor  Abubakar on the judgment confirming his nomination as the proper and bona fide person to contest for the governorship election of his state.

    “Governor M A Abubakar is one of the ‘learned’ Governors we look up to for performance. As our learned colleague, we know him enough and we have every confidence that he will satisfy the yearnings of his people of Bauchi, especially now that the coast is clear for him to maintain the good things he has started in the state. Our prayers with him.”

    NBA Bauchi Branch chairman Muhammad Maidoki  described the Supreme Court judgment as victory for democracy and the rule of law.

    “I believed the victory will boost his effort in transforming the state via peoples’ oriented projects that he has been  embarking upon in all the nooks and crannies of the state,” he said.

    Former NBA Second Vice-President Mr. Steve Abar said with the judgment, the governor can fully focus on governance.

    “The latest judgment, no doubt, will put every distraction from that side apart and encourage the Governor to deliver  more dividends of democracy to the good people of Bauchi State,” Abar said.

  • Bauchi hails Supreme Court judgment on nomination

    The Bauchi state government has hailed last Friday’s Supreme Court judgment which upheld the 2014 nomination of Mohammade Abubakar as the All Progressives Congress (APC) candidate for the Bauchi State governorship election.

    The apex court set aside the Court of Appeal judgment and uoheld the trial court judgment in the matter to lay to rest the matter against Abubakar, who won the election sna currently serving as governor.

    A suit filed by one Comrade Abdullahi Mohammed Tanko (Orlando) secured a favorable judgement at the Appeal Court sitting in Jos challenging the December 2014 APC primary election that returned MA Abubakar as the APC standard beare.

    The Respondent had earlier lost his case in the trial court and thereafter rushed to the Appeal Court to upturn the verdict of the court.

    The Appellant (MA Abubakar) however,  appealed to the Supreme Court faulting the entire judgement of the Appeal Court..

    Delivering his judgement on Friday, Justice Sidi Bage, set aside the judgement of the Court of Appeal saying Abubakar was duly nominated.

     

     

  • Alleged N5.6b fraud: Kalu, two others to be arraigned May 16

    Alleged N5.6b fraud: Kalu, two others to be arraigned May 16

    Justice Anwuri Chikere of the Federal High Court, Abuja has fixed May 16 for arraignment of former Abia State governor, Orji Uzoh Kalu, the state’s ex-Director of Finance in the State House, Udeh Jones Udeogu, and Kalu’s company, Slok Nigeria Limited on a 112 amended charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    They are accused of diverting the Abia State’s funds estimated at about N5.6billion while Kalu and Udeogu were in office between 1999 and 2007.

    The three are to be re-arraigned on the amended charge about seven years after they were earlier arraigned on a similar charge before Justice Adamu Bello (now retired from the Federal High Court’s bench).

    Kalu, Slok and Udeogu were first arraigned on July 27, 2007 on a 96-count charge. The EFCC, on on February 11, 2008 amended the charge, raising it to112 counts. The defendants challenged the competence of the charge up to the Supreme, losing in every court. They also lost at the Supreme Court which, in a judgment on March 18 this year, dismissed their appeal and ordered them to submit themselves for trial.

    Kalu and Udeogu were in court Monday when the case was called for mention.

    Dressed in white native attire, Kalu mounted the dock, accompanied by Udeogu when the case was called.

    Prosecution lawyer, Oluwaleke Atolagbe handed a copy of the Supreme Court judgment to Justice Chikere and sought time for the prosecution to put its house in order.

    “This matter was slated for mention today. On March 18, 2016, the Supreme Court dismissed the appeals by the defendants.

    “I will urge my lord to adjourn the case to afford the prosecution some time to take some steps. We will need about two weeks. We seek an adjournment for the defendants to take their plea.”

    Kalu’s lawyer, Awa Kalu (SAN) and Solomon Akuma (SAN), who represented Udeogu and Slok ,did not oppose the  prosecution’s request for adjournment, following which the judge adjourned May 16 for the taking of the defendants’ plea.

    A five-man panel of the Supreme Court had while dismissing the appeals by Kalu and Udeogu on March 18, upheld the judgment of the Court of Appeal, Abuja, which also dismissed an earlier appealed by the defendants.

    Justice Suleiman Galadima, who prepared the lead judgement of the Supreme Court, which read by Justice Sylvester Ngwuta, held that the appeals were without merit.

    “The appellant had approached the Federal High Court, Abuja to quash the charges made against him by the EFCC.  The Court dismissed the case. We went to the Court of Appeal, Abuja Division. He lost and approached this court.

    “Having considered all issues raised and arguments by parties, I come to the conclusion that I cannot, but help in dismissing this appeal for lacking in merit. It is dismissed.

    “I affirm the decision of the court bellow, which rightly affirmed the decision of the Federal High Court, that it was not bound by the ex-parte order of the Abia State High Court as to vitiate the charges preferred against the appellant. The learned Chief Judge of the Federal High Court should assign the case to another judge for expeditious trial,” Justice Ngwuta said.

     

  • Peterside: Wike knew about Supreme Court judgment

    Peterside: Wike knew about Supreme Court judgment

    •APC wants to create confusion, says governor

    The All Progressives Congress (APC) candidate in the 2015 governorship election in Rivers State, Dr. Dakuku Adol Peterside, yesterday raised doubts about the fairness of the Supreme Court judgment that affirmed the election of Governor Nyesom Wike.

    He said Wike had a foreknowledge of the judgment —going by his actions and utterances.

    Dr. Peterside told a news conference in Port Harcourt that Wike’s threat to the Independent National Electoral Commission (INEC) was “unbecoming”.

    He also criticised Wike as lacking the moral right to speak in uncomplimentary terms about President Muhammadu Buhari and the military.

    Wike denied it all, saying the APC was trying to cause confusion.

    Peterside arrived at the party secretariat by 11:30 am with his running mate, Asita Honourable Asita, and some supporters.

    The Supreme Court gave its decision on the Rivers governorship election on July 27, promising to make the reasons known later.

    Peterside said that some of Wike’s actions and statements before and after the judgment are indicative of his foreknowledge of the judgment.

    He said: “Credible information confirmed that Nyesom Wike had earlier confessed to some persons of having met one of the Justices of the Supreme Court in Mbaise during an important burial, another at Owerri in a hotel and yet others in Dubai and Saudi Arabia respectively . These Justices were in the panel that decided the matter in Wike’s favour.

    “However, the most striking revelation by Nyesom Wike is contained in his account at the thanksgiving service last Sunday. He obviously stunned his audience and the watching world when he confessed that when it came to the Judges, Dr. Peter Odili and the wife Justice Mary Odili (a Justice of the Supreme Court) were his advisers.

    “This simply confirmed his earlier statements that he had contact with the Justices after several attempts to reach the Chief Justice of the country failed.It is therefore obvious that the decision of the Supreme Court on the Rivers State Election was not a product of justice but rather a product of compromise and orchestrated contrivance to legalise electoral violence and rigging and, in turn, reward injustice. This calls for serious introspection by our Judiciary and judicial officers.

    “For the records, in his speech at the church service, Governor Nyesom Wike probably forgot that he was on live telecast when he stated: ‘Let me thank our former governor, Dr. Peter Odili (husband of Supreme Court Justice Mary Odili). He will call me midnight to tell me what to do….he will say ‘go to so so place.’ I took all his advice, and here we are today’.

    “This shocking confession needs no further explanation, except for you and other decent Nigerians to further make your fair conclusions.”

    Peterside added that also at the thanksgiving service, Wike said as a result of the the judgment , “the apex court helped in preventing bloodshed in Rivers State.”

    ”Blood would have flowed if the election was going to hold again….So, I called some people, including the Chairman of PDP, Uche Secondus, that I was not going to run again. They said why and I explained that if I did, many people would die.”

    He added that “these voluntary confessions made by Governor Nyesom Wike confirm beyond doubt that he was obviously behind the orgy of violence during the last elections”.

    Speaking on Wike’s alleged violence threat, Peterside quoted the governor as saying: ”Anyone who plans to rig an election is an armed robber and should be treated as such. If you are coming to rig an election in the state, first prepare your will before embarking on the journey. Inform your wife or husband and go ahead to say your last prayer.

    ”We are not afraid of any re-run at all. But we have always said if they said there should be a re-run, let it be a re-run and not to write the result. Let them bring anybody as INEC official from anywhere that wants to be funny, I wish the person must have written his Will before he comes.”

    Peterside said: ”Wike promotes violence and believes so much in jungle justice but he forgets that such outlook does not have any place in a civilised society.”