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JUDICIARY

Emirship tussle: Court rule against Kano govt, others challenging jurisdiction

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The Federal High Court sitting in Kano has on Thursday, ruled against Kano State government and others challenging the jurisdiction of the court to entertain the issue of fundamental human rights instituted by a Kano traditional holder, Aminu Babba Dan’Agundi in connection with the Emirship tussle.

Recall that the applicant, who is the traditional title holder of Sarkin Dawaki Babba of Kano emirate, Aminu Babba Dan’Agundi had approached the court seeking for enforcement of his fundamental human rights claimed to have been violated by government action in the Emirship tussle.

The respondents in the suit are Kano State Government as 1st respondent, Kano State House of Assembly (2nd), Speaker of Kano State House of Assembly (3rd), Attorney General of Kano State (4th), Kano Commissioner of Police (5th), Inspector General of Police, IGP (6th), NSCDC and DSS as 7th and 8th respondents respectively.

Delivering the ruling on jurisdiction on Thursday, the presiding judge, Justice Abdullahi M. Liman, ruled that the court has jurisdiction to entertain the matter concerning the applicant’s fundamental human rights.

Justice Liman gave the ruling relying on Section 42 sub-section 1 and Section 315 of the 1999 constitution as amended.

However, reacting to the ruling, the Counsel to the 2nd and 3rd respondents, Ibrahim Isah Wangida, said he will meet with his client to decide the next line of action whether or not they will take the option to appeal the ruling in the Court of Appeal.

Meanwhile, the judge, Justice Liman, adjourned the matter till Friday for hearing of all pending applications saying the case is too sensitive for it to be dragged for too long.

JUDICIARY

Justice Binta Nyako Withdraws from Nnamdi Kanu’s Trial

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Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB)

Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.

At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was got continuation of trial and he was ready to proceed.

But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.

Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.

The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.

Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.

He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.

Justice Nyako then directed that a prosecution witness be called.

While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.

“Sit down! I say you should sit down!” Kanu screamed from the dock.

He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.

Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.

“I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.

“I am asking you to recuse yourself from this case,” Kanu stated.

But Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.

He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.

He stated that Kanu’s claims did not align with the Supreme Court’s verdict.

“This is clearly an incompetent and audacious observation,” Awomolo said.

The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.

She expressed surprise that Kanu would stand up and yell at his counsel.

“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.(NAN)

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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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