JUDICIARY
Court Strikes out Binani’s Suit Seeking to Stop Prosecution of Suspended Adamawa REC
…..Court Strikes out Binani’s Suit
A Federal High Court, Abuja, on Friday, struck out the suit filed by Sen. Aishatu Dahiru, the All Progressives Congress (APC) governorship candidate in the last election in Adamawa against the Independent National Electoral Commission (INEC) and others.
Justice Donatus Okorowo, in a judgment, held that the court lacked jurisdiction to hear the matter, hence, the preliminary objection of the defendants succeeded.
Reports says that Dahiru had sought a court order restraining INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, for declaring her as winner of March 18 governorship poll, pending the hearing and determination of her petition before Adamawa Election Petition Tribunal.
The APC candidate, popularly known as Binani, argued that Yunusa-Ari’s prosecution at Adamawa High Court before the election tribunal’s decision would prejudice her case since the suspended REC was her star witness at the tribunal.
NAN recalls that after Yunusa-Ari declared Binani as winner of the poll before the conclusion of the process on Aprill, INEC Headquarter barred him from the state’s office.
Following a supplementary poll, INEC declared Gov. Umaru Fintiri as winner of the election and ordered the prosecution of Yunusa-Ari at the state’s high court.
But Binani, in a suit marked: FHC/ABJ/CS/935/2023, sued INEC, Inspector-General (I-G) of Police and the Attorney-General of the Federation (AGF) as 1st to 3rd respondents respectively.
In the suit, the applicant sought the interpretation of Section 144 of the Electoral Act, 2022 and a preservative order seeking the maintenance of status quo by parties pending the hearing and determination of the suit.
Binani’s counsel, Michael Aondoaka, SAN, in the ex-parte motion earlier filed and granted by the court on July 10, drew the attention of the judge to the fact that a petition was before an Adamawa Election Petition Tribunal and would be dispensed with within 180 days in accordance with the law.
The lawyer argued that the star witness to their client, Yunusa-Ari, was being harassed and prevented from giving evidence before the tribunal which if continued, would jeopardise the case of their client at the tribunal.
He prayed the court to restrain the respondents from prosecuting Yunusa-Ari pending the determination of Binani’s petition at the tribunal.
But counsel to INEC, Adebisi Adeniyi, who held brief for Rotimi Jacobs, SAN, disagreed with Binani’s lawyer’s submission.
Adeniyi argued that the charge being preferred against the suspended REC was a bailable one that would allowed him to give his testimony before the tribunal.
The lawyer said that Binani had not placed any thing before the court to show she had reasonable course of action.
Besides, he argued that the applicant had not also shown to court whether the suspended REC had either been invited, arrested or charged.
The lawyer, who said that the judges that would determine the election petition case were not robot, said they were judges that were properly trained, who were experienced and would be guided by law.
According to him, there is no way the prosecution of the suspended REC will affect the plaintiff’s petition.
He submitted that if Yunusa-Ari felt strongly about the charge, he was the rightful person to canvass such argument before a high court in the state and not Binani.
Adeniyi, who challenged the jurisdiction of the court to hear the matter, said the suit ought to have been filed in the state.
Delivering the judgment, Justice Okorowo though agreed with Binani that she had disclosed course of action in the matter, he however held that the court did not have jurisdiction to entertain the case.
The judge held that if the preliminary objection of the defendants succeeded, the court had nothing to adjudicate on any more.
“The preliminary objection succeeds and the case is hereby struck out. This is the order of this court,” he said.(NAN)
…..Court Strikes out Binani’s Suit
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)