JUDICIARY
2023: Court Fines PRP’s Presidential Candidate, Kola Abiola, for Late Filing of Documents
A Federal High Court (FHC), Abuja has awarded fine against Mr Kola Abiola, the presidential candidate, People’s Redemption Party (PRP), over failure to file his court documents within time.
Justice Fadima Aminu, in a ruling, also fined the PRP over its delay in filing its counter affidavit in opposition to the aggrieved presidential aspirant’s amended originating summons.
The News Agency of Nigeria (NAN) reports that Justice Aminu had fixed Nov.
25 for definite hearing in a suit filed by Madam Patience Ndidi Key, a female presidential aspirant in the June 5 primary election conducted by the party.The judge, who granted the application filed by Madam Key to amend her originating summons on Nov.
18, ordered all parties to file their processes before the next adjourned date and adjourned to Friday for definite hearing.NAN reports that the plaintiff, Key, had, on June 28, sued PRP, the Independent National Electoral Commission (INEC) and Mr Latifu Abiola as 1st, 2nd and 3rd defendants respectively.
Key, in her earlier originating summons marked FHC/ABJ/CS/1001/2022, had challenged the emergence of Mr Abiola as the party’s presidential candidate.
She had prayed the court to nullify the poll that produced Abiola as the PRP’s presidential candidate.
She also prayed for an order setting aside the declaration of Abiola as the winner of the primaries conducted across the country.
Kola is the son of late MKO Abiola, the acclaimed winner of the June 12, 1993 presidential election.
Upon resumed hearing in the matter, plaintiff ‘s counsel, Magnus Ihejirika, informed that the matter was adjourned for definite hearing.
Ihejirika, however, said that the defence lawyers were yet to serve on him their counter affidavits to enable him respond appropriately.
Lawyer to the 1st defendant (PRP), Regina Audu, explained that there was network failure on Thursday at the FHC filing office when she tried to file her application.
According to her, there was no network to generate remittal for us to pay the filing fee yesterday (Thursday) for our counter affidabit.
The lawyer, who said she could only do that on Friday, prayed the court for an adjournment.
Also, Ijeoma Madu, who appeared for Mr Abiola, spoke in the same vein.
But Ihejirlrika described the defence counsel’s act as “a deliberate attempt to stall proceedings in the suit.”
The lawyer, who said that the case was filed on June 28, said “time is of essence in its determination.”
He said by provision of the constitution, the court had only 180 days to dispose of the matter, saying practically now, the court has less than a month to have the case determined
He argued that the defendants were only employing a delay tactic to stall hearing and determination of the suit.
Ihejirika, who told the court that he comes to the court from Kebbi, said if the court would be inclined to grant the defence application, a cost should be imposed.
He asked for a cost of N200, 000.
The defence counsel, who disagreed with him, prayed the court to dismiss the request.
In her ruling, Justice Aminu said an award of cost should not be a punishment but a compensation.
The judge, consequently, ordered the PRP (1st defendant) and Abiola (3rd defendant) to pay the sum of N20, 000 each to the plaintiff counsel.
She adjourned the matter until Dec 2 for definite hearing.(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)