JUDICIARY
Alleged Certificate Forgery: NYSC Tenders Documents against Gov Mbah
Sylvia Udegbunam Enugu
The Labour Party, LP, on Friday, commenced its evidence against the election of Barr Peter Mbah as the governor of Enugu State.
The case filed by LP and its candidate, Barr Chijioke Edeoga came up for hearing at the Enugu State Governorship Election Petitions Tribunal.
At the resumed hearing, the LP presented the National Youth Service Corps, NYSC, as its first witness.
Among the documents tendered by the NYSC are the alleged forged discharge certificate, as well as the original discharge certificate which Mbah ought to have collected, as well as a letter written by Oma and Partners, an Abuja-based law firm, which had asked the Corps to scrutinise the discharge certificate submitted to the Independent National Electoral Commission, INEC, by the governor.
The Petitioners, represented by Chief Adegboyega Awomolo, SAN, who is the lead counsel, alongside Dr. Valerie Azinge(SAN) Ifeanyi Ogenyi Esq, and others, led the Petitioners Witness 1 (PW1) in evidence.
The Petitioners Witness 1 is the Director of Certification, NYSC, Aliyu Abdul Mohammed, who adopted his written deposition on oath.
Awomolo sought to tender the witness’s deposition on oath as evidence before the tribunal.
The third respondent, PDP, counsel, Barr Anthony Ani, SAN, objected to the admissibility of the document and opted to move a motion dated and filed on the 7th day of July 2023, which seeks to pray the tribunal to strike out the written deposition on oath of the PW1 on the ground of incompetence.
The 1st respondent, INEC, as well as the 2nd respondent (Peter Mbah) aligned themselves with the submission of Ani and prayed the court to strike out the written deposition of Mohammed (PW1) for lack of competence.
Relying on the Court of Appeal decision in the case of ANDP & anor V INEC as well as that of Damina & anor V Adamu and ors, the respondents’ counsels asked the court to strike out the written deposition on oath of the PW1 for lack of competence.
In response the petitioners’ lawyers relying on the case of Ararume & anor V INEC, which according to them, is a conflicting decision with the authorities cited by the respondents’ counsel, asked the court to admit the written deposition on oath of the PW1.
In a short ruling, the tribunal admitted the document and reserved ruling on the objections raised by the respondents for final judgement.
The PW1 was then taken in for examination-in-chief.
Mohammed told the tribunal that he acted on a subpoena served on the Director General of the NYSC or any other official to appear before the tribunal for the purposes of giving evidence in order to clear some issues bothering on the certificate purportedly issued by the agency.
The subpoena was admitted in evidence without objection from the respondents and was marked as exhibit PTC/01/06.
Mohammed also tendered his official identity card as a staff of NYSC which was admitted in evidence and marked as exhibit PTC/01/07.
In paragraph three (3) of the Petitioners’ Witness’s deposition on oath, the witness stated that in obedience to the subpoena by the tribunal, he came with the authentic discharge certificate of the governor, as well as the one purportedly given to him.
The respondents’ counsel objected to the admissibility of the documents and reserved their reasons for final written addresses.
The tribunal admitted the documents and marked them as exhibits PTC/ 01/08 a and b.
The Petitioners also fielded another witness, an Abuja-based legal practitioner, Mary Nneoma Elijah, a principal partner in the law firm of Oma and Partners.
She is the Petitioners’ Witness 2.
The Petitioners’ counsel sought to tender her written deposition on oath as evidence, which was objected to by the respondents’ counsel, citing the same grounds raised in the first stage.
The court admitted the document and reserved the ruling during judgement.
She also adopted the subpoena of the tribunal dated 21st day of June, 2023, which was admitted and marked as exhibit PTC/01/09.
The witness’s letter to INEC, as well as the reply given by INEC was sought to be tendered by the petitioners’ counsel amid objections from the respondents’ counsel.
However, the letters, as well as the discharged certificate were admitted and marked as exhibits PTC/01/11 a, b & c respectively.
Also, a letter addressed to the presiding justice of the Federal High Court, Lagos Division, for the production of the appointment letter dated 14 July 2003, appointing Barr. Peter Mbah as the Chief of Staff to the then governor of Enugu state, Dr. Chimaroke Nnamani in the same year he (Mbah) claimed he was serving, also admitted in evidence amidst objections and marked as exhibit PTC/01/13 a&b.
During cross examination, the 1st respondent’s counsel, Mr. Abdul Mohammed, applying for the subpoena, asked “confirm to this tribunal that the subpoena did not ask you about anything at the Federal High court”.
In response, PW2 said ” True”.
Mr. Abdul Mohammed further asked the PW2: “Confirm to this tribunal that you have given to the petitioners the contents of these letters at the time they were preparing this petition”.
In reply, the PW2 said, “It’s false, the letters are public documents which are in the public domain. Anybody can ask for the letters and they will be given to him.
The matter was adjourned to Tuesday, 11 July, 2023 for further hearing.
JUDICIARY
Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23
A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.
“We have already called the parties on phone to inform them of the development. A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)JUDICIARY
Poultry Farm Manager Faces N160,000 Fraud Charge
A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.
00 p. m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)JUDICIARY
Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl
A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.
He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice. Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)