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JUDICIARY

Parties Adopt Final Adresses as Kano Tribunal Reserves Judgment

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Federal High Courts
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From Abdulgafar Oladimeji, Kano

The petitioners  and respondents in the legal tussle over the  2019  governorship elections  in Kano state on Wednesday, adopted their final  defense before the  gubernatorial Election Tribunal presided by Justice Halima Shamaki sittiing at Miller road Court complex.

Abba Kabiru Yusuf(1st petitioner) alongside Peoples Democratic party(PDP)(2nd petitioner) had  dragged Independent National Electoral Commission(INEC) (1st respondent)Abdullahi Umar  Ganduje(2nd respondent)  All Progressives Congress(APC)(3rd respondent) challenging the  declaration of Ganduje   as the winner of  Kano governorship election.

The respondents in their final written addresses urged the court to dismiss the pleadings made by the petitioners, stating that the petitioners have failed to discharge the burden on proof.

The respondents further  urged the court that the exhibits  that were tendered from the bar  by the petitioners were not  Certified True Copies (CTC) therefore prayed the tribunal to dismiss the petition. In its entirety.

Counsel to the 1st respondent(INEC) Ahmed Raji(SAN) told the court that the issues raised by the petitioners  were bankrupt in merit and argued that the petition lacked the  fertility of life.

Raji(SAN) submitted that , Abba Kabiru failed to produce direct evidence to substantiate his claims that INEC  wrongfully declared his opponent, Abdullahi Umar Ganduje as the winner of the poll, arguing that the electoral act was strict on the petitioners appealing to  the tribunal to on this grounds dismiss the petition.

Abdullahi Umar Ganduje(2nd respondent) responding to the petition filed against his gubernatorial victory  before the tribunal  said the petitioners failed to produce  results that were contrary to that which was declared by INEC.

Ganduje through his counsel, Offiong Offiong(SAN) submitted that, Abba Kabiru invoked presumptions in attempt to prove to the court that he was duly elected  as Kano state governor, praying the court to dismiss the claims made by the petitioners.

The 3rd respondent, All progressive Congress, APC also in its defense told the tribunal that the petitioners in their claims made an unlawful translation of the provisions of the law.

The respondents through its counsel Alex Iziyon(SAN) further said the petitioners failed to tender voters register that indicate the number of voters, who voted and number of votes scored to substantiate  their  claim as winners of the elections.

According to him, INEC posses the inherent jurisdiction to cancel elections and proceed to order for a rerun, arguing that on March 9th 2019 INEC acted rightly by declaring the Kano state governorship election as inconclusive.

Iziyon(SAN) further argued that the  petitioners in their claims to election victory acted in contrast to the provisions of the law by presenting Pink Copies result sheets, explaining that jurisprudence has transited from submission of Pink Copies to another stage, on this ground he pray the court to dismiss the petition and uphold the emergence of All  Progressive Congress, APC and its candidate Abdullahi Umar Ganduje  as winner of the election.

Responding to the submissions made by the respondent,  counsel to the petitioners, Kanu Agabi(SAN) urged the court to ignore the  response from the respondents on the issues raised.

Agabi(SAN) said on the 9th of March 2019 elections were held and results were announced, adding that Abba Kabiru Yusuf of the PDP scored the highest number of votes unfortunately INEC refused to declare PDP as the winner of that election.

He argued that the rerun election  held on the March 23 was null and void, stressing that therefore the results from the rerun, which declared Abdullahi Umar Ganduje as duly elected  Kano state governor  was null and void, that the court should declare the results of March 9, 2019 as the valid results and return PDP and its candidate, Abba Kabiru Yusuf as the winner of the election, urging the tribunal to so hold.

DAILY ASSET observed that anxiety, apprehension and palpable fears have enveloped the ancient city of Kano as  residents are gripped under the fear of the likely outcome of the legal battle between both political giants.

It would be recalled that at the height of the court proceedings, the chairman of the tribunal Justice  Halima Shamaki reacting to the tense atmosphere that had trailed the proceeding threatened to relocate the tribunal from Kano to Abuja.

Throughout the proceedings, heavily armed security operatives were stationed at strategic positions as they disallowed  hundreds of  party faithful who  were usually eager to gain entrance into the court complex to witness the epic legal battle.

In her ruling, Justice Shamaki said the tribunal would communicate to the parties, concerned  the date that the final judgment would be delivered

JUDICIARY

Woman in Court for Allegedly Damaging N2.5m Shop

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One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.

Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.

She, however, pleaded not guilty.

The prosecutor, Sgt.

Samuel Owolabi, told the court that the defendant committed the offences on Dec.
  9,  about 11.49 a.m. at Jericho area of Ibadan.

Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.

He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.

According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.

The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.

Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)

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JUDICIARY

Woman Arraigned for Alleged N6.8m Theft

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 41-year-old woman, who allegedly stole N6.8 million from a company, has appeared before an Ojo Magistrates’ Court in Lagos State.

Irene Onyechi appeared before the Magistrate, Mrs O. M. Ogun, on a count charge of stealing.

She, however, pleaded not guilty to the charge.

The prosecutor, Insp Esther Adesulu, told the court that the defendant committed the offence from June to September.

Adesulu said that the defendant stole  from the New Concept Pharmacy located at Ojo.

The alleged offence contravenes Section 287 of the Criminal Law of Lagos State, 2015.

The court granted the defendant bail in the sum of one million Naira with two sureties in like sum

It adjourned the case until Jan.

16, 2025 for mention. (NAN)

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JUDICIARY

Alleged N110bn Fraud: Court Admits ex-Kogi Governor to N500m Bail

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A Federal Capital Territory High Court on Thursday, admitted former Governor of Kogi , Yahaya Bello to bail in the sum of N500 million with three sureties in like sum.Justice Maryann Anenih had, on Dec. 10, refused the ex-governor’s bail application, saying it was filed prematurely.Delivering the initial ruling, she said, having been filed when Bello was neither in custody nor before the court, the application was incompetent.

There was, however room for the governor’s lawyers to file a fresh application for bail and apply for hearing date.
The former governor is facing an alleged money laundering trial to the tune of N110bn, along with two others.He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.
At the resumed hearing on Thursday , Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”There was no objection from the prosecution counsel, Olukayode Enitan, SAN. The court, therefore, granted the application for withdrawal, striking out the further affidavit.Daudu, also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.In light of this understanding, Daudu urged the court to grant the bail application.He further requested that if the court would graciously grant the Defendant bail, the court should kindly review the bail conditions for the 1st, 2nd, and 3rd defendants.He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had been in talks with the prosecution team.In accordance with the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.“It is legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.“We are therefore leaving this to your lordship’s discretion.”Delivering her ruling, Justice Anenih acknowledged that the offence Bello was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.Bello was also asked to deposit his international passport and other travel documents with the court.He is to remain in Kuje Correctional Centre until the bail conditions are met.Daudu also prayed for the variation of the 2nd defendant ‘ bail condition.Z.E Abbas, counsel for the third defendant filed a motion on Dec. 17 for variation of bail conditions and urged the court to grant the application.This variation is based on landed property which earlier restricted them to only Maitama.The prosecution did not object.The judge granted their prayers and granted the property location as Yahaya Bello ‘s.The second and the third defendants were earlier admitted to bail in the sum of N300m each with two surgeries in.like sum with property at Maitama.The case was adjourned until Jan. 29. (NAN))

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