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JUDICIARY

Court to Hear Suit Asking PDP NWC to Convene NEC Meeting, Feb. 8

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The Federal High Court Abuja on Tuesday, fixed Feb. 8 to hear a suit challenging the Peoples Democratic Party , (PDP) for failure to convene a National Executive Counsel, (NEC) meeting within the constitutionally stipulated period.

 A PDP governorship aspirant in Ogun  during the 2023 general elections, Mr Segun Sowunmi filed the suit marked (FHC/ABJ/CS/T024)  at the Federal High Court, Abuja.

Sowunmi listed the PDP, Acting National Chairman, Mr Iliya Damagum and the National Secretary, Mr Samuel Anyanwu as respondents.

Other respondents are the National Organising Secretary, Mr Umar Bature, National Auditor, Mr Okechukwu Daniel the National Treasurer, Mr Ahmed Yayari, the National Youth Leader Mr Muhammed Kadade and the Independent National Electoral Commission, (INEC).

When the matter was called, counsel to the plaintiff, Mr Anderson Asemota told the court that the matter was coming up for the first time.

Asemota said that so far, he had served the 1st and 8th respondents (the PDP and INEC) with court processes.

He, however, said he had yet to serve the 2nd to 7th respondents because he had attempted to serve them to no avail.

“My lord, it is based on this that I have filed a motion for substituted service, unfortunately, it is not in the records of the court.

“In view of this, we shall be asking for a short date to enable us take our motion for substituted service,” Asemota submitted.

The judge, Justice Mobolaji Olajuwon asked the counsel to make another attempt at serving the respondents personally and give a report of service on the next adjourned date.

She adjourned the matter until Feb. 8 for report of service or for the plaintiff to present his argument on the motion for substituted service.

Reports says that Sowunmi, through Asemota accused the PDP National Working Committee, (NWC) of failing in their responsibility of being accountable to  members of the party.

He said this was based on the grounds that it was more than a year since the last NEC meeting was held yet  the party leadership had refused to conduct mandatory quarterly meetings since the last elections.

The plaintiff, in his originating summons  said that the NEC meeting was an important component of the party structure as it afforded members the opportunity to present quarterly reports on financial matters, including income and expenditures.

He, however, said that since the presidential and national assembly elections of 2023, as well as the gubernatorial elections there had been no such report.

He contended that refusing to hold the NEC meeting violated the party’s constitution.

He claimed that attempts by him to appeal to party officials to convene a NEC meeting were disregarded in spite of the pending elections in Ondo and Edo which required adequate preparation and planning.

He posed some questions for the court to interpret as part of efforts to support his suit.

“Whether upon a proper construction and interpretation of the provisions of Articles 31(2)(d),[4) &(5) of the Peoples’ Democratic Party Constitution(as amended in 2017), the plaintiff being a registered member and spokesperson of the party during the last general election is not obligated/entitled to bring this action to give effect to the aims and objectives of the PDP as enshrined in Article seven of the PDP Constitution  (as amended in 2017).

” To also ensure that these provisions of the PDP Constitution are observed and respected by members and national officers.

“Whether upon a proper construction and interpretation of the provisions of Articles 31(2)(d),(4) &(5) of the PDP Constitution  the 1st to 7th defendants are not obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the National Executive Committee of the PDP at which the defendants shall present quarterly financial reports on income and expenditure of the party to the members of the National Executive Committee.

“Whether upon a proper construction and interpretation of the provisions of Articles 31(2)(d),(4)&(5) of the PDP Constitution the 1st to 7th defendants are not obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the National Executive Committee of the PDP at which the defendants shall present quarterly reports containing the activities of the PDP to the members of the National Executive Committee.”

He further prayed that should the questions posed for determination be resolved in his favour , the court should grant all the reliefs he was seeking.

“A declaration  that under and by virtue of the provisions of Article 31(2)(d), (4) & (5) of the PDP Constitution, the plaintiff being a registered member and spokesperson of the party during the last election is obligated and/or entitled to bring this action to give effect to the aims and objectives of the PDP as enshrined in Article 7 of the party’s and to ensure that these provisions of the PDP Constitution are observed and respected by members and national officers.

“A declaration that under and by virtue of the provisions of Articles 31(2)(4)&(5) of the PDP Constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th Defendants are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the National Executive Committee of the PDP.

“At this meeting,  the 1st to 7th defendants shall present quarterly financial reports on income and expenditure of the party to the members of the National Executive Committee.

“A declaration that under and by virtue of the provisions of Article Articles 31(2)(4)&(5) of the PDP Constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the National Executive Committee of the PDP at which the defendants shall present quarterly reports containing the activities of the PDP to the members of the National Executive Committee.”

He, therefore, prayed the court to make an order compelling the party’s officials to convene the NEC meeting and a restraining order preventing the party and INEC from further delays. (NAN)

JUDICIARY

Court Strikes Ex-Kogi Governor’s Bail Application

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Kogi Governor Yahaya Bello
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Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).

The application was filed on Nov.
22, while the former governor was taken into custody of the anti-graft agency on Nov.
26 and arraigned on Nov. 27.(NAN)

Details later….

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JUDICIARY

5 Men Face N25m Worth of Milo Products Theft Charge

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.

The prosecutor, Insp E.
O.Adaraloye, told the court that the defendants committed the offences on Oct.
13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.
The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)

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JUDICIARY

Court Grants Mother Custody of 2 Children 

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A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.

The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.

Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.

He said that the children would spend first and third term holidays with their father and second term holidays with their mother.

The judge said the father could pick his children up every weekend for outings within 10a.m to 6.

pm from the mother and notify her before hand.

He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.

Sabo ordered Bashir  to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..

Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.

Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.

She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.

Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.

“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)

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