JUDICIARY
INEC Fails in Attempts to Arraign Suspended Adamawa REC, Hudu
Attempts by the Independent National Electoral Commission (INEC) to arraign its suspended Resident Electoral Commissioner, Hudu Yunusa-Ari, before Adamawa State High Court 9 sitting in Yola, Adamawa State got a step back.
Trial Judge, Justice Benjamin Manji, drew the attention of the prosecution counsel, Rotimi Jacobs, SAN to the orders of Justice Donatus Okorowo of the Federal High Court sitting in Abuja, who ordered that parties to maintain the status quo ante bellum pending the hearing and determination of the matter.
Justice Manji, furthermore advised Rotimi Jacobs, to go back to his clients (INEC) and inform them that it will be an affront to the orders of Hon. Justice Okorowo, for the matter to proceed.
The judge further added that, for now, there is nothing the Adamawa State High Court sitting in Yola, can do pending the determination of the matter before the Federal High Court in Abuja.
Meanwhile, there was no any legal representation for the suspended Adamawa Resident Electoral Commissioner REC, Hudu Yunusa-Ari, when the matter was mentioned.
The Federal High Court in Abuja, had on Monday, suspended INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate, as governor in the March 18, 2023 poll.
Hon. Justice Donatus Okorowo gave the order after a former Attorney General of the Federation and Minister of Justice Chief. Michael Aondoakaa, SAN, counsel to Senator Dahiru, moved the ex-parte motion to the effect.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.
Chief Aondoakaa, SAN leading alongside M S Diri, SAN and others while moving the motion on Monday, argued that until the election petition tribunal decides his client’s fate per section 149 of the Electoral Act, 2022, the prosecution of Mr Yunusa-Ari cannot be valid.
He said the decision of INEC to file an action against any person involved in Senator Dahiru’s April 15, 2023 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client would deprive her of section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.
The senior lawyer informed the court that though a similar suit was filed before Justice Inyang Ekwo, where a judicial review of INEC’s action was sought, the sister court ordered the APC candidate to satisfy him as to whether his court has jurisdiction. The suit was withdrawn after it was overtaken by events. Senator Dahiru approached the tribunal with her suit, having been an election-related matter.
Chief Aondoakaa, SAN said an undertaking had been signed to prove to the court that the present suit was not frivolous.
He said in the undertaking that they were ready to face any cost should the court find the case to be frivolous
After listening to Chief Aondoakaa, SAN, Hon. Justice Okorowo ordered the parties to maintain the status quo ante bellum pending the hearing and determination of the matter.
The judge, who adjourned the matter until July 18, 2023, for a hearing, ordered the respondents to show cause while the reliefs sought by Senator Dahiru should not be granted as prayed.
The judge further ordered accelerated hearing of matter in view of the urgency of the matter
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)