JUDICIARY
Court to Hear Edo Govt Suit Challenging Shuaibu’s Reinstatement Sept 24
A Federal High Court in Abuja has fixed Sept. 24 to hear the two separate motions filed by the Edo Government and the House of Assembly challenging the reinstatement of Philip Shaibu as deputy governor.Justice James Omotosho fixed the date following two motions on notice filed by the state’s Attorney General (AG) and House of Assembly by their lawyers, Oluwole Iyamu, SAN, and Ken Mozia, SAN, respectively.
In the motion dated and filed July 18 by Iyamu, the AG sought two orders. He prayed the court for an order “staying the execution of the judgment in Suit No. FHC/ABJ/CS/478/2024 Between RT. HON. COMRADE PHILIP SHAIBU v. INSPECTOR GENERAL OF POLICE AND 5 ORS delivered on the 17th day of July, 2024 pending the determination of the appeal filed against the said judgment. “He also sought an order of injunction restraining the respondents from giving effect to the July 17 judgment pending the hearing and determination of the appeal.Also in the motion dated and filed July 18 by Mozia, the Edo lawmakers sought an order suspending the judgment and restraining Shaibu from parading himself or attending any official function as deputy governor pending the hearing and determination of their appeal.The applicants, in their grounds of argument, said being dissatisfied with the judgment, they had appealed against it vide a notice of appeal dated July 18 and filed same day.“The said notice of appeal raises serious and arguable grounds.“It raises the issue of the jurisdiction of this Honourable Court to entertain the subject matter of this suit,” they said.They argued that their right of appeal would be stifled if the application was not granted.The applicants said the smooth operation of the machinery of the state government would be impeded if Shaibu “is allowed to take over as the Deputy Governor of Edo State having regard to his recent open declaration of support for the rival political party (The All Progressives Congress).”“Monetary damages would be an adequate compensation to the 1st respondent (Shaibu) should it turn out that this application ought not to have been granted,” they argued, among others grounds.Report says that Justice Omotosho had, on July 17, voided the impeachment of Shuaibu as the deputy governor of Edo.Justice James Omotosho, in a judgment, ordered his reinstatement to office on the grounds that the house of assembly failed to comply with due process in the purported impeachment.The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.Justice Omotosho had held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.(NAN)An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his son, Folarin, also called Falz.Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on Sept.
24 against the Falanas.The court also ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju within 14 day. The judge said: “the defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.“He is to bring down the defamatory video about the applicant which was published on Sept. 24 on all his online social media handles pending compliance with the pre-action protocol of the court.“Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju.“The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.”The court made the orders following an ex parte originating application made by Falana and his son against the actions of VDM where he published “unverified audio recording of a one sided narrative by cross dresser Bobrisky” alleging perversion of justice by the family.Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him.Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on all his social media handles for the defamatory words contained in the viral video. (NAN)
A Federal High Court sitting in Kano, on Monday, has sentenced 33-year-old Nasiru Isa to seven years in the correctional centre for sexually exploiting an 11-year old girl.
The Presiding Hon. Justice S .M. Shu’aibu convicted Isa, who resides in Darmanawa Bayan Gidan Kallo of Tarauni Local Government Area (LGA) of the state, on a one-count charge of sexual exploitation.
Shu’aibu summarily tried and sentenced the defendant after he pleaded guilty to the charge.
He held that the Prosecution Counsel, Abdullahi Babale, proved his case beyond reasonable doubt and consequently sentenced the defendant to seven years without an option of fine.
According to him, the convict is to pay additional N1 million fine as compensation.
Earlier, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Kano State Command, alleged that the defendant committed the offence at Darmanawa Quarters,Tarauni LGA, Kano State on October 5.
Babale said that the defendant allegedly lured his neighbour’s 11-year-old daughter into his wife’s room and sexually exploited her.
“The defendant had sex with the survivor on three different occasions.
“Once in the defendant’s wife’s room and twice at an uncompleted building.
“The defendant gave the survivor bread, groundnut and N20 before sexually exploiting her,” Babale told the court.
The prosecution presented two exhibits, including the confessional statement of the defendant and the survivor’s testimony, to the court to prove his case.
Babale said that the offence contravened the provisions of section 16(1) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Sec 26(1) of TIP ACT 2015. (NAN)
JUDICIARY
Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial
A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.
The defendants also on Jan. 18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan. 22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NAN
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