JUDICIARY
Alleged Defection: Court Dismisses APC’s Suit Seeking Tambuwal’s Removal
A Federal High Court in Abuja on Tuesday dismissed a suit filed by the All Progressives Congress (APC) seeking the removal of Gov. Aminu Tambuwal of Sokoto State for defecting from the party to the Peoples Democratic Party (PDP) on Aug. 1, 2018.
Justice Inyang Ekwo, in a judgment, refused to grant the request on the ground that similar suits were voided by the Court of Appeal in several judgments.
Justice Ekwo said that since the Appeal Court’s judgments which held that governors cannot forfeit their seats on grounds of defection had not been set aside by the Supreme Court, they remained the law and binding on lower courts.
Report says that Tambuwal, who was elected as governor on the APC’s platform, had on Aug. 1, 2018 defected to PDP less than a year to the expiration of his tenure.
APC had, in the originating summons marked: FHC/ABJ/CS/449/2022 and filed on April 5, 2022, asked the court to invoke Sections 177, 179 and 189 of the 1999 Constitution to declare the governorship seat of Sokoto State vacant on the account of defection by Tambuwal to another party.
The party sued the Independent National Electoral Commission (INEC), PDP and Tambuwal as 1st to 3rd defendants respectively.
The party sought a declaration that by defecting from APC to PDP, a political party that did not win the governorship election in the state, Tambuwal had “resigned or was deemed to have resigned from the office of the Governor of Sokoto State with effect from from 1st August, 2018 until the end of the tenure on the 28th May, 2019.”
It sought an order declaring all actions, functions and duties performed by Tambuwal from Aug. 1, 2018 to May 28, 2019 as unconstitutional, unlawful, illegal, null and void.
It also prayed for an order compelling the governor to immediately refund all salaries received from Aug. 1, 2018 to May 28, 2019 to the end of that tenure, including allowances and security votes
Besides, APC sought a declaration that Tambuwal was unfit to hold public office for violating the provisions of the 1999 Constitution (as Amended).
Justice Ekwo held that lawyers ought to have counselled their clients in respect of such matters that are pending before the Supreme Court.
He said it would amount to an exercise in futility for a Federal High Court to decide on a matter pending before the apex court.
The judge, who held that the case of APC failed and lacked merit in view of the position of the Court of Appeal on similar matters, dismissed the suit.(NAN)
One Moshood Kolobo of Temidire Community, Oko-Olowo area, Ilorin, on Wednesday applied to the Area Court, Centre-Igboro, for the dissolution of his marriage to his wife, Hafsat Kolobo, citing lack of love.
Moshood told the court that he was no longer interested in the 17-year Islamic union, saying that the marriage lacked love and emotional connection.
He therefore urged the court to grant his request for a divorce.
The defendant (Hafsat) pleaded with the court to give her two weeks, saying, “I was just called and informed to appear in court today without knowing the details.
“This is shocking, after 17 years and five children. I am asking the court to give me two weeks.
”The Presiding Judge, Mr Toyin Aluko, adjourned the case until June 23 for further mention. (NAN)
An Ikorodu Chief Magistrates’ Court on Wednesday remanded a 50-year-old man, Linus Anozie, in a correctional center for allegedly engaging in anal intercourse with an 18-year-old physically challenged person.
Anozie, whose address was not provided, is standing trial on a one-count charge of sexual assault.
The Chief Magistrate, Mr B.
A. Sonuga did not take the defendant’s plea.He remanded him in a correctional facility and ordered that the file be sent to the office of the Lagos State Director of Public Prosecutions (DPP) for legal advice.
Sonuga adjourned the case until July 31, pending legal advice.
Earlier, the prosecutor, ASP Aminu Isaac, told the court that the defendant committed the offence on June 9 at about 11.
00 a.m. at Ogunlana Estate, Akin Ogunlewe Street, in the Igbogbo area of Ikorodu.He told the court that the defendant unlawfully had anal intercourse with an 18-year-old physically challenged man (name withheld), without his consent.
According to the prosecutor, the offence contravene the provisions of Section 261 of the Criminal Law of Lagos State, 2015. (NAN)
The Police in Lagos on Wednesday arraigned a 36-year-old man, Joseph Obuseh, in a Badagry Chief Magistrates` Court for allegedly assaulting a man by cutting his forehead with a cutlass.
The defendant, whose address is unknown, is being charged with assault; however pleaded not guilty to the charge.
The prosecutor, Insp Ayodele Adeosun told the Court that the defendant committed the offence on Feb.
22, at about 11. 00.a.m, at No. 24, James Arigbabuwo Str., Igbekele, Morogbo, Badagry, Lagos.Adeosun alleged that the defendant unlawfully assaulted Imonigia Ameem by using a cutlass to cut his forehead, which caused him bodily harm.
“He ran away for two months after the incident but was arrested and handed over to the Police for prosecution.
“The offence contravened Section 173 of the Criminal Laws of Lagos, 2015,” he said.
The Chief Magistrate, Mr Patrick Adekomaiya, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
He said one of the sureties must be gainfully employed.
Adekomaiya adjourned the case until July 15, for mention. (NAN)
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