JUDICIARY
Melaye: Appeal Court Reserves Judgment in Senatorial Dispute Suit
The Court of Appeal in Abuja on Tuesday, reserved judgment in three separate appeals filed by Sen. Dino Melaye challenging his election victory that was quashed in August by the National Assembly election petitionS tribunal.
The three appeals were filed by the PDP and Melaye, praying the appellate court to set aside the majority decision of the tribunal which voided the election of Melaye of Kogi West Senatorial District.
Justice Abubakar Datti Yahaya, who presided over the three appeals announced that a date for judgment delivery would be communicated to parties as soon as it is fixed.
PDP, represented by Jubrin Okutepa, SAN, in his final argument prayed the appeal court to set aside the majority decision of the tribunal against Melaye on the ground of denial of fair hearing and refusal to evaluate evidence adduced during the hearing.
The party claimed that the tribunal failed to evaluate the testimonies of its witnesses while no reference was made to all the documentary evidence it supplied before the tribunal came to a wrong conclusion of over voting, even when the petitioner did not tender voter register.
PDP further claimed that the tribunal turned the head of natural justice upside down when it based over voting used in cancelling the senatorial election on the number of collected permanent voter cards rather than voter register as required by law.
PDP therefore urged the three-man panel of justices to invoke section 16 of the Court of Appeal Act and dismiss the petition for lacking in merit.
In the second appeal filed by INEC, through its lawyer, Kola Olowookere, the Appeal Court was urged to dismiss the allegation of mutilation of election result and favouring a particular candidate as alleged by the petitioner, Senator Smart Adeyemi and the All Progressives Congress APC.
The electoral body argued that finding of over voting by the tribunal was wrong and baseless because the voter register and result of election in 2015 tallied with the result in the disputed area.
INEC alleged that the tribunal did not evaluate the exhibits it tendered to prove that there was no over voting and pleaded that appeal be allowed.
The third appeal filed by Dino Melaye and argued by Dr. Onyechi Ikpeazu, SAN, urged the Appeal Court to set aside the over voting decision of the tribunal because it was based on hearsay instead of polling units agents’ results
The senior counsel, drew the attention of the Justices to the fact that only three witnesses were called, adding that the evidence of the three witnesses based on hearsay cannot justify the cancellation of the senatorial election.
Melaye’s counsel further submitted that mutilation of result sheet was untenable because the final result of the senatorial election was endorsed by agents of the candidates and the parties, and that the petitioners failed to establish that the alleged mutilated result substantially affected the final result collation.
However, Sen. Smart Adeyemi and the All Progressives Congress (APC) opposed the arguments of the appellants and pleaded with the appellate court to dismiss the three appeals because appellants were not denied fair hearing and that the tribunal based its findings on over voting on the report of INEC which comprehensively contained the number of collected voter cards unit by unit.
Adeyemi and APC through their counsel, Adekunle Otitoju, argued that INEC breached an order of the federal high court to the effect that the senatorial election result must be collated and announced in Kabba, the senatorial district headquarters and not in Lokoja as done by the electoral body.
They alleged that while their agents were in Kabba waiting for the collation, the INEC officials and agents of the appellants allegedly colluded and secretly moved the result collation to Lokoja where the result sheets were allegedly mutilated to favour Melaye.
They also insisted that mutilation of results, dated Feb. 25 instead of Feb.23, was so apparent and that over voting was so established to the tune of over 48,000 votes.
They therefore urged the court to dismiss the appeals and uphold the majority decision of the tribunal. (NAN)
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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