JUDICIARY
Akwa Ibom APC Governorship Crisis: Court Rules on Ita Enang’s Motion Nov. 28
A Federal High Court (FHC) in Abuja has fixed Nov. 28 to deliver a ruling in a motion filed by Sen. Ita Enang, seeking to be joined in the suit filed by Akanimo Udofia and the All Progressives Congress (APC) against Independent National Electoral Commission (INEC).
Justice Emeka Nwite fixed the date on Monday after counsel for the parties adopted their processes and presented their arguments for and against the motion.
News report that Enang, former Special Adviser to the President on Niger Delta, had filed the motion on notice marked: FHC/ABJ/CS/1290/22, after Justice Nwite granted him leave to do so.
The application, seeking to join Enang, a governorship aspirant of APC as 2nd defendant in the suit, was dated and filed on Oct.
12.Newsmen report that APC and Udofia had sued INEC as the sole defendant in the matter.
Udofia, a factional governorship candidate of the APC, is seeking an order compelling INEC to accept his name as governorship candidate for Akwa Ibom 2023 poll.
He is also asking for an order directing the commission to publish his name as forwarded by the party to it.
The plaintiffs had, in the suit, argued that INEC cannot refuse to publish the name of a person sent to it as the candidate of a political party.
The court after listening to parties in the suit had fixed Oct 6 for judgment.
But the appearance of Enang in court forced the judge to halt the delivery of the judgment.
Enang drew the attention of the court to his presence as a party seeking to be joined in the matter.
He argued that he would be prejudiced if the court delivered its judgment without hearing him out.
Meanwhile, in the affidavit in support of the motion for joinder, Enang averred that contested in the APC Akwa Ibom governorship election of May 26, alongside with the 2nd plaintiff (Udofia) and others.
He argued that the intention of the plaintiffs is to obtained judgment behind his back, having refused to serve him with the court processes knowing that he is a necessary party for the just determination of this suit.
Enang therefore urged the court to grant his application to enable him protect his interest as a candidate of the APC in the governorship election.
When the matter was called, Enang, who appeared for himself, told the court that on Oct 19, he filed better and further affidavit where he exhibited INEC’s report that there was no governorship primary for APC in Akwa Ibom.
He said that Udofia filed the suit despite a similar matter which had been reserved for judgment in Uyo division of the court.
He told Justice Nwite that he had set out the prayers in Abuja and Uyo courts clearly in his points of law filed to make it easier for the court to determine that the two matters are similar.
“My lord, this is the same subject matter, same claim and same parties. I have not seen this practice for a long time.
“As a trustees at the bar, I have not seen a situation where counsel in a matter who have appeared before the same court sitting in another jurisdiction will file a case like,” he said.
He called the attention of the court to FHC’s chief judge’s Practice Direction which states that parties, in a pre-election matter, must filed non-duplicity of suit.
He argued that Udofia and his lawyer filed a non-multiplicity of suit before Abuja court despite a similar matter pending in Uyo court.
He vowed to take up the matter against them.
“On why I should be joined in the suit, I am the appropriate person who contested and won in the election. If any name must be forwarded to INEC, it has to be my name,” he said.
Enang, who alleged that Udofia was not an APC member as at the time the poll was conducted, said he (Udofia) contested in the PDP governorship primary election held on May 25 before coming to contest the APC primary on May 26.
“We have also exhibited the ballot papers of the PDP in our application,” he said.
Lawyer to the plaintiffs, Valentine Offia, opposed the application.
Offia, who urged the court to dismiss Enang’s motion, said the subject matter in the two suits are different.
He said while Udofia is contending INEC’s refusal to accept his name as forwarded to it by APC, Enang’s suit in Uyo stemmed from the election conducted on May 26..
The judge consequently fixed Nov. 28 for ruling on Enang’s motion for joinder.(NAN)
From Joseph Ebi Kanjo, Benin
A 38-year-old pastor, Simeon Okehielem of the Synagogue Prayers Ministry has been arraigned before an Edo State High Court for allegedly raping a married woman, Isoken Vivian Aigbedo.
The pastor, who was accused of engaging in sexual relationships with married women within his congregation, was docked before the court in Benin City, on Thursday last week.
The charges against Pastor Okehielem followed a year 2022 incident in Uholor Community of Benin City where the cleric allegedly drugged and raped the woman leading to the birth of a child.
Recent DNA results reportedly confirmed the pastor as the biological father of the child, which prompted the Nigerian Police to re-arrest and formally arraign him.
The presiding judge, Justice Erhabor, granted an ex-parte order to remand the suspect at the Benin Correctional Custodial Centre for 14 days, pending legal advice from the Director of Public Prosecution (DPP), Ministry of Justice, Edo State.
The State Prosecutor, P.O. Odion told the court that the alleged offence occurred in February 2022.
Okehielem was slammed with two-count charge on alleged rape and administering a stupefying substance with the intent to commit a felony.
The charge sheet, marked Suit No: BLOD/2323M/2025, reads: “That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, did rape one Mrs Isoken Vivian Aigbedo and thereby committed an offence contrary to Section 4, punishable under Section 5(1) of the Violence Against Persons (Prohibition) Law, 2021.
“That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, with intent to commit a felony, administered a substance to stupefy one Mrs Isoken Vivian Aigbedo, thereby committing an offence punishable under Section 256 of the Criminal Law of Edo State, 2022.”
Speaking to journalists after the court session, the victim’s legal counsel, Clinton Ogbebor, applauded the Police for its diligence.
“We are in court today over the alleged rape of my client, Mrs Isoken Aigbedo, by one Pastor Simeon Okehielem,” he said.
Ogbebor confirmed that the case file would now be forwarded to the office of the DPP for legal advice, after which the trial will proceed accordingly.
The development has stirred debates across Benin City, with residents and religious leaders expressing shock and calling for justice.
The case has been adjourned pending further legal advice from the Director of Public Prosecution.
A Senior District Court 3, Lafia, Nasarawa State, on Thursday restrained Mr Aliyu Bello, the embattled Chairman of All Progressives Congress (APC) in the state, from presenting himself as Chairman or a member of the party.This followed a motion filed by Suleiman Turaki, Counsel to Ibrahim Iliyasu, the Chairman of APC in Gayam Electoral Ward of Lafia Local Government Area of the state.
Report says that on July 1, Iliyasu, alongside 13 other officials of the party in the ward, suspended Bello from the party over alleged anti-party activities. The order signed by Abdullahi Lanze, Senior District Judge of the court, stated that the prayer was granted after hearing the application presented by the applicant’s counsel.The order specifically restrained Bello, his agents, privies, supporters or any person acting on his behalf, authority, or direction, from presenting himself as a member or Chairman of the party.The court also barred Bello from issuing statements, carrying out functions, or acting in any manner whatsoever, through the media or otherwise, as a member or Chairman of APC.This would be pending the hearing and determination of the motion on notice. (NAN). A 30-year-old unemployed man, Sadiq Usman, on Thursday appeared before an Ikeja Magistrates’ Court for allegedly parading himself as a military officer.
Usman is facing a two-count charge of impersonation.
He, however, pleaded not guilty to the charge.
The prosecutor, Supol Josephine Ikhayere, told the court that the defendant committed the offences on May 24 at about 3.
30 p. m. at Alaba Rago Market area of Ojo, Lagos State.Ikhayere said that the defendant, who was unemployed, unlawfully had in his possession a Nigerian military camouflage uniform, cap, belt, and boots.
“He paraded himself as a member of the Nigerian Army and had in his possession two Nigerian Navy identity cards,” she said.
According to her, the defendant was arrested when he failed to give a satisfactory account of the items.
The prosecutor said that the offences contravened sections 77(a)(b) and 79(a)(b) of the Criminal Law of Lagos State, 2015.
Section 77 stipulates a three-year jail term for anyone found guilty of impersonating a member of the armed forces or the police.
Section 79 stipulates two years imprisonment for unlawfully wearing the uniform of the armed forces.
The Magistrate, Mr Lateef Owolabi, granted the defendant bail in the sum of N150,000 with two reliable sureties in like sum.
He ordered that the sureties must show evidence of tax payments to the Lagos State Government.
Owolabi adjourned the case until July 1 for mention. (NAN)
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