JUDICIARY
Parties Adopt Final Adresses as Kano Tribunal Reserves Judgment
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
The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.
FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.
FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
The Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorization of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.(NAN)
A Kaduna Magistrates’ Court on Wednesday sentenced a 39-year-old travel agent, Adebayo Oyeronke, to four years imprisonment over a N6.2 million visa fraud.
Oyeronke had pleaded guilty to the charges of fraud and theft.
Delivering judgment, Magistrate Ibrahim Emmanuel, held that Oyeronke was guilty of defrauding Rita Francis and four others of the sum of N6.
2 million.Emmanuel who did not give the convict an option of fine, ordered him to pay N2 million each as compensation to the victims.
The magistrate also ordered him to undertake an affidavit of good conduct, pledging never to engage in any criminal or corrupt activities again.
Earlier, the prosecution Insp.
Chidi Leo told the court that the convict committed the offences between December 2024 and April 2025 at Barnawa Kaduna.Leo said that the defendant collected N6.2 million from the complainants; Rita Francis, Mohammed Sadiq, Christian Baba, Williams Abiodun and Nathan Victor, with a promise to get them Polish visa.
He said after the convict collected the money, he absconded to an unknown destination until he was arrested on May 15.
The prosecutor said the offences contravened the Penal Code of Kaduna State, 2017. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.
30 p. m. in the Dugbe area of Ibadan.According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.30 p.m. in the Dugbe area of Ibadan.
According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
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