JUDICIARY
Court Assumes Jurisdiction to Hear Suit Seeking LP Chairman, Abure, Others’ Removal
Justice Hamza Muazu of an Abuja High Court on Friday held that the court has jurisdiction to entertain suit filed by some members of the Labour Party (LP).
The suit is seeking the removal of the chairman of the party, Julius Abure, the National Organising Secretary, Mr Clement Ojukwu and National Treasurer and Oluchi Opara,
Justice Muazu held that it was no longer the law that the court cannot adjudicate in poljtical parties’ matter.
The judge further held that if the party had been at peace with itself, there would not be any need for the court to interfere in its affairs.
“When there is no crack on the wall, there will not be need for an outsider to come mend it,” he said.
Muazu further held that the plaintiffs’ case is justiciable contrary to the submission of the counsel for Abure and Farouk, Alex Ejesieme SAN,
He added that the plaintiffs were equally right to have instituted the case through originating summons.
On the issue of locus standi of the plaintiffs to bring the matter before the court, the judge held that being members of the LP, they have the locus standi to institute the case.
Following the April 5 ex-parte injunction made by Justice Muazu, stopping Abure, the National Secretary of the party, Alhaji Umar Farouk and two other national officials, Ejesieme had on April 20 argued that the court lacked jurisdiction to entertain the matter.
The senior advocate had submitted that the matter before the court bordered on the internal affairs of the Labour Party, adding that criminal allegations made by the plaintiffs in the case, could not be ventilated in an origination summon.
He added that the eight plaintiffs that brought the case before the court were not members of the National Executive Council of the party and as such lacked the locus standi to institute the case.
“Our contention is very clear that those criminal allegations cannot be ventilated in an origination summon.
“The issue of locus standi is there. When you referred to LP’s constitution, the claimants are not members of NEC or the party.
“They have a duty to present their membership cards to the court which they didn’t,” the counsel argued.
While objecting to the preliminary objection raised by the counsel for Abure and Farouk, counsel for the plaintiffs, Mr George Ibrahim, urged the court to dismiss same.
According to him, the first to fourth defendants had yet to obey the April 5 order of the court as they were still parading themselves as national officers of the LP.
With the ruling of the court on having jurisdiction to hear the case, its order of April 5 subsists.
The judge adjourned until May 19 to hear the substantive case.
The eight plaintiffs in the case are Martins Esikpali John; Lucky Shaibu; Isah Zekeri; Omogbai Frank; Abokhaiu Aliu; Ayohkaire Lateef; John Elomah and Dr Ayobami Arabambi,.
They had in an ex-parte motion, marked M/7082/2023, sought the removal of Abure and the three other national officers of the party.
They informed the court, through their counsel, Ogwu Onoja SAN, that Abure and the three other national officials allegedly forged several documents of the FCT High Court, including receipts, seal and affidavits, to carry out unlawful substitutions in the last general election.
Onoja argued that following their indictment by police investigation, the four people are to be arraigned in court, adding that warrants for their arrest have already been obtained.
Reacting to the court’s ruling in interview with journalists, the acting National Chairman of Labour Party, Alhaji Bashir Apapa, said that justice had taken its natural course, saying that the judge acted in line with true justice.
According to him, “with this ruling, there is no doubt that I am in charge. As of today, I am the acting National Chairman of Labour Party.
Apapa subsequently directed all the party’s lawyers handling its election petition before the presidential election petition court, to within 48 hours come and brief him on the processes so far. (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)
A 40 – year old prostitute, Adeosun Adepeju was on Tuesday arraigned before an Iyaganku Chief Magistrates’ Court for allegedly stabbing her colleague in the stomach during work period.
Adepeju of undisclosed address was standing trial on a count charge bordering on assault.
She pleaded not guilty to the charge.
The Prosecuting Counsel, Cpl.
Helen Ojo told the court that Adepeju on May 21, at about 12:30 a.m., at Ring road area, Ibadan, stabbed her colleague, Stella Mago with scissors in her stomach.Ojo said that the stabbing caused the complainant bodily harm.
She added that the offence contravened Section 335 of the Criminal Code Laws of Oyo State 2000.
The Magistrate, Mrs M. M. Olagbenro admitted the defendant to bail in the sum of N300, 000 with two sureties in like sum.
Olagbenro adjourned the matter until May 30, for hearing. (NAN)
The seventh prosecution witness, Mr John Adetola, told an Ikeja High Court that he did not document the alleged $400,000 he handed to the former Central Bank Governor (CBN), Godwin Emefiele.
Adetola, an executive assistant to the former CBN governor, said this on Monday while being cross-examined by Emefiele’s lead counsel, Mr Olalekan Ojo (SAN), in the ongoing trial of Emefiele.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands.
Emefiele’s co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
Adetola, also admitted that he did not present any WhatsApp chat or telephone conversation to the Economic and Financial Crimes Commission (EFCC), informing Emefiele about collecting the $400,000 on his behalf.
The News Agency of Nigeria (NAN) reports that Adetola had, in his evidence-in-chief testified that he delivered $400,000 to Emefiele.
However, under cross-examination, Adetola admitted that he did not keep any record of the alleged $400,000 receipt.
He narrated that in 2018, Mr Eric Odoh sent him a WhatsApp message instructing him to collect the sum from one John Ayoh and hand it over to Emefiele when he arrived in Lagos.
“I went to John Ayoh’s house at Lekki; he gave me an envelope. I came back to the office and gave it to the former CBN governor,” the witness said.
The witness also told the court that in his extrajudicial statement, made while in EFCC custody, he did not mention any WhatsApp or telephone conversation with Emefiele regarding the $400,000.
Adetola denied any agreement with the EFCC to testify against Emefiele in exchange for immunity from prosecution.
He added that the EFCC confronted him with WhatsApp printouts related to the alleged money.
While being cross-examined by Mr Adeyinka Kotoye (SAN), counsel to the second defendant, the witness confirmed he had no dealings with the second defendant in relation to his testimony.
During re-examination by EFCC counsel, Rotimi Oyedepo (SAN), the witness was asked why he did not document the $400,000 he allegedly collected on Emefiele’s behalf.
“I didn’t see any need for it,” he replied.
Justice Rahman Oshodi thereafter discharged the witness and adjourned the case until May 27 for continuation of trial. (NAN)
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