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JUDICIARY

C/River Governorship Petition: Tribunal to deliver judgment Tuesday

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The Governorship election petition tribunal in Cross River will on Tuesday deliver judgment in the petition filed by Prof. Sandy Onor of the Peoples Democratic Party (PDP) against the victory of Sen. Bassey Otu of the All Progressives Congress (APC).

This is contained in a statement by the Secretary of the tribunal, Mr Akawu Bambu in Calabar on Sunday.

The suit Suit No.

EPT/CR/GOV/02/2023 was jointly instituted by Onor and the PDP.

The Counsel to Onor and Otu, .J. Y. Musa, SAN and Prof. Mike Ozekhone, SAN, respectively presented their written addresses and were adopted by the three- man tribunal.

In the final written address, Musa, told the court that evidences extracted under cross-examination of the respondents goes to fortify the case of their petition and also also confirm the falsity of the evidence presented by the second and third respondents (Governor Otu and Peter Odey).

Onor closed his case after calling some witnesses while Otu called 10 witnesss.

The tribunal led by Justice Oken Inneh had reserved judgment following the adoption of written addresses by both parties on Aug. 13.

Musa said the case of the petitioners is not allegations of forgery against any of the respondents (Otu and Odey) and so all the authorities they cited to the effect that they needed to call witnesses from institutions are non-sequitor, rather their case is that the second and third respondents lied on oath.

He insisted that the second and third respondents (Otu and Odey) brought documents to show that they forged documents.

In the process of trying to say they did not lie on oath, they opened a Pandora box where we saw the discrepancies.

“I, therefore, urge the tribunal to declare the votes of the second and third respondents wasted because they were not qualified to stand for the election and declare the petitioners winner of the elections,” he stated.

On his part, lead counsel to the second and third respondents, Prof. Mike Ozekhone, SAN, urged the court to dismiss the petition “for being frivolous, unmeritorious, gold-digging, distracting and for constituting an abuse of the court process.”

He added that “withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.”

On his part, counsel to the first respondents (INEC), K. O. Balogun, urged the tribunal to dismiss the petition and also adopted Ozekhome’s submission in respect of the qualification of the second and third respondent.

Ozekhome had urged the court to dismiss the petition for being frivolous, unmeritorious, distracting and for constituting an abuse of the court process.

He added that the withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.

“From my own submission today, the truth is that, from the 10th of July 2023, when they withdrew grounds two and three of the petition, which talked about discrepancies, non-accreditation, non-e-transmission through BVAS, through iRev and all the other alleged malpractices.

“That time when they withdrew those allegations which were funny and untrue allegations, their petition collapsed like a pack of cards,” he said.

NAN reports that INEC declared Otu as winner of the election after polling 258,619 votes to defeat the PDP candidate who scored 179, 636 votes.(NAN)

JUDICIARY

Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23

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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)

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Poultry Farm Manager Faces N160,000 Fraud Charge

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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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)

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JUDICIARY

Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl

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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)

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