JUDICIARY
Appeal Court Declares Thaddeus Attah as Eti-Osa Rep Member
The Appeal Court, Lagos Division, Thursday, reaffirmed Thaddeus Attah of the Labour Party as the duly elected House of Representatives member representing Eti Osa Federal Constituency in Lagos State.
The National Assembly Election Petitions Tribunal, which sat at the Tafawa Balewa Square, Lagos, had earlier invalidated Atta’s victory.
Attah who hails from Ekperi in Etsako Central LGA of Edo State, briefed Prof Mike Ozekhome (SAN), to appeal against the tribunal judgment on his behalf.Ozekhome filed and argued the appeal before the three-member panel of the Court of Appeal,which on Thursday in Lagos set aside the previous decision by the National Assembly Elections Petition Tribunal.
The panel, in its unanimous decision, agreed with Ozekhome and held that the lower tribunal erred when it relied on the evidence of witnesses who were not party agents where elections were held or where elections were cancelled,but only came to tender Form EC 8 which they did not author before the court.
The appellate court further held that for the tribunal to conclude that the margin of votes where elections were not held or were cancelled can sway the votes cast, the list of registered voters must be presented before it. This was not done.
In addition, the court held that the “Voters’ register was never placed before the lower tribunal”, adding that the tribunal merely relied on Form EC 8 brought by witnesses who were not even the makers.
The court also held that the elections were conclusive and faulted the tribunal’s directive to the Independent National Electoral Commission to conduct a supplementary election within 90 days in specific polling units.
On the whole, the Appeal Court wholly set aside the judgment of the lower tribunal.
The National Assembly Election Petitions Tribunal sitting in Tafawa Balewa Square, Lagos, had, in a unanimous judgment, declared the elections inconclusive and ordered INEC to conduct a supplementary election within 90 days in 33 polling units where elections did not hold.
The Peoples Democratic Party candidate Bankole Wellington (Banky W), who was declared second in the polls, and the All Progressives Congress’s Ibrahim Obanikoro, had both filed petitions to challenge the elections of February 25, 2023.
INEC had declared Attah winner of the February 25 election, having scored 24,075 votes, while Banky W who was represented at the Court of Appeal by Chief Kemi Pinhero,SAN, scored 18,668; Obanikoro represented by Chief Abiodun Owoniko, SAN, scored 16,901 votes, respectively.
In his petition, Banky W had argued that the respondent was, at the time of the election, not qualified to contest the election and that the election was invalid because of corrupt practices and non-compliance with the provisions of the Electoral Act 2022.
The popular music artist and actor had also contended that the Labour Party candidate was not duly elected by a majority of the lawful votes cast at the election.
Reacting to the judgment, Ibrahim Obanikoro in his X handle formerly Twitter, said, “I would like to congratulate Representative Jude Thaddeus Attah on his victory at the appeal court today.
“Let’s throw our support for him so that he will give us a good representation for the next four years in Eti-Osa” he stated.
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)JUDICIARY
3 Docked Over Alleged Theft of Transformer Valued N50m
Three men, were on Tuesday, arraigned before an Ikorodu Chief Magistrates’ Court, Lagos, for allegedly stealing an electricity transformer valued N50 million.
The defendants, Kehinde Akinkugbe, Tope Salisu, and Isiaka Amusa, whose addresses were not given, are being charged with conspiracy, stealing and malicious damage.
The defendants, pleaded not guilty to the charge.
The Prosecutor, ASP Aminu Isaac, told the court that Akinkugbe, Salisu and Amusa, committed the offences at about 2.
30a.m on Aug. 22, at Ajeri Street, Ijede, Ikorodu, Lagos.Isaac said that the defendants maliciously damaged an electricity transformer, belonging to the Federal Government.
The prosecutor said that the defendants were apprehended by residents of the area, who later reported the matter to the police.
He said that the offences contravened Sections 411, 287 and 339 of the Criminal Law of Lagos State, 2015.
The Chief Magistrate, Mrs A.B. Olagbegi-Adelabu, granted the defendants bail in the sum of N1 million each, with two sureties in like sum.
Olagbegi-Adelabu, ordered that one of the sureties must own a landed property, and should present evidence of three years tax payment to the Lagos State Government.
The Magistrate adjourned the case until Oct. 10 for mention.(NAN)