JUDICIARY
Lawyers Oppose Legislative proposal Stopping Courts Declaring Election petitions’ Winners
Some Lagos-based lawyers on Wednesday expressed their opposition to a legislative proposal that would prevent the courts from declaring the winners of election petitions in the country.
The proposal advocated for the courts to order a rerun so that the ballot papers could be the determinant of a winner.
In separate interviews in Lagos, the lawyers said such legislation could breed chaos and lead to election petitions going on in perpetuity.
NAN reports that a former President of Nigeria had at a media briefing on April 12, made the proposal as an opinion.
Mr Adenrele Adegborioye, Senior Partner at BA LAW, said that courts could only declare for a rerun if it made a finding that no clear winner emerged from the election.
“If the proposal is allowed, it means litigants in election petition will continually go to court in perpetuity without a winner emerging from the litigation.
“Until the court declares the winner, there may be chaos and confusion in the society,” Adegborioye said.
Mr Bayo Akinlade, former Chairman Nigeria Bar Association, Ikorodu Branch, said “it is an interesting argument but it’s neither here nor there.
“The court simply interprets what the law demands, as regards the voting process and procedures.
“If a court declares a winner, it is merely declaring the legal outcome of a voting process”.
According to Mr Chris Ayiyi, Principal Partner, Ayiyi Chambers, Apapa, the cost of organising an election is high, therefore, if a court declares a winner in an election petition, it will reduce cost.
“There is a time frame for a court to conclude processes in election petitions; therefore, this proposal cannot hold.
“However, we have some judgments of courts that ordered for rerun and judgments that declared an outright winner in an election.
“Let the law continue as it were,” Ayiyi said. (NAN)
JUDICIARY
Court Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)