JUDICIARY
REOPENED – Supreme Court delivers Judgment in Atiku, Obi’s Appeals Oct. 26
The Supreme Court is set to deliver judgement on Thursday, in the appeals filed by the presidential candidates of the Peoples Democratic Party, (PDP), Alhaji Abubakar Atiku and Labour Party, Mr Peter Obi.
Atiku and Obi are challenging the judgment of the Presidential Election Petition Court, (PEPC) which dismissed their election petitions challenging the outcome of the Feb.
25 presidential election and affirmed the election of President Bola Tinubu.The Director of Information of the Supreme Court, Mr Festus Akande confirmed the information to newsmen on Wednesday in Abuja.
Reports says that the apex court had on Monday, reserved judgment after hearing the appeals of Obi and Atiku challenging the judgment of the PEPC that affirmed President Tinubu’s victory.
The PEPC on Sept. 6, dismissed Atiku and Obi’s petitions for lacking in merit and affirmed the election of President Bola Tinubu.
Miffed by the judgment, the duo approached the Supreme Court asking it to overturn the judgment of the lower court in their favour.
In Atiku’s notice of appeal predicated on 35 grounds, he told the apex court that the PEPC erred on the side of law in the judgment delivered by the Chairman of the panel, Justice Haruna Tsammani.
Atiku, through his lead counsel, Mr Chris Uche, SAN told the court that the judgment of the PEPC was a miscarriage of justice.
He argued that the lower court also erred in law when it failed to nullify the presidential election held on Feb. 25, on the grounds of non-compliance with the Electoral Act, 2022.
According to him, by the evidence before the court, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the doctrine of legitimate expectation.
Specifically, Atiku asked the Supreme Court to set aside the whole findings and conclusions of the PEPC on the grounds that they did not represent the true picture of the grounds of his petition.
Obi, on the other hand through his lead counsel Mr Levi Uzoukwu, SAN also prayed the apex court to set aside the judgment of the PEPC that dismissed his petition.
Uzoukwu prayed the court to allow the appeal of his client and grant all the prayers sought.
In their responses, counsel to the respondents, the Independent National Electoral Commission, (INEC), President Tinubu and the All Progressives Congress, (APC) each urged the court to dismiss the appeals for want of merit and for being frivolous.
Specifically, President Tinubu’s lawyer, Mr Wole Olanipekun, SAN described the appeals as lacking in merit .
Olanipekun specifically told the court that the appeal filed by Atiku was abusive in nature and asked the court to dismiss the appeal.
Mr Mahmoud Yakubu, SAN for INEC and Mr Akin Olujimi similarly
asked the panel to dismiss the appeals for want of merit.
The seven-man panel of justices led by Justice Inyang Okoro, after hearing both appeals, said the date for judgment would be communicated to the parties.
NAN also reports that although Atiku and Obi’s petitions were consolidated, they were heard separately. (NAN)
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)