JUDICIARY
Appeal Court Affirms Natasha winner of Kogi Central Senatorial Seat
The Court of Appeal, Abuja, on Tuesday, affirmed the election victory of Natasha Akpoti-Uduagan of the Peoples Democratic Party (PDP) as the winner of the Kogi Central Senatorial election held in February.
The three-member panel, in a unanimous judgment delivered by Justice Hamma Barka, upheld the judgment of the state’s election tribunal and dismissed the appeal filed by Sen.
Abubakar Ohere of the All Progressives Congress (APC).The court agreed with the submission of counsel for Akpoti-Uduagan, Mr Johnson Usman, SAN, for being meritorious.
The panel agreed that the Independent National Electoral Commission (INEC) failed to give good reason why it did not collate the results in parts of Kogi Central Senatorial District, particularly Ganaja/Ajaokuta Ward in nine polling units where election was conducted.
The appellate court equally agreed that the results of PDP and its candidate, Akpoti-Uduagan, in about eight polling units where election was conducted and results declared at the polling units, were suppressed by the ward returning officer at the ward level.
The panel agreed that the votes ought to have been restored and that the state’s election tribunal was right when it restored those votes
Justice Barka, in the judgment, awarded the sum of N500, 000 against Ohere, the appellant in the appeal marked: CA/ABJ/EP/SEN/KG/35/2023 between Ohere and another Vs. Akpoti-Uduagan and two others.
Besides, the judge also awarded the sum of N500, 000 against INEC in the appeal marked: CA/ABJ/EP/SEN/KG/57/2023 which the commission filed against Akpoti-Uduagan and three others.
Reports that the Kogi State National and State Election Assemblies Tribunal, had, on Sept 6, declared Akpoti-Uduagan the validly elected candidate for the senatorial poll.
The tribunal also invalidated the victory of Sen. Ohere, after the PDP candidate filed the petition at the tribunal to challenge Ohere’s declaration as winner.
The Tribunal Chairman, Justice Kemakolam Ojiako, delivered the unanimous judgment of the three-man panel, revealing that Sen. Ohere’s results were inflated in nine polling units in the Ajaokuta Local Government Area.
He added that INEC reduced Akpoti-Uduagan’s results in those areas and omitted the results of other polling units meant for Akpoti-Uduagan in the same LGA.
Following the necessary corrections, the court declared Akpoti-Uduagan as the winner of the election with 54,074 votes, surpassing Ohere, who garnered 51,291 votes.
But unsatisfied, Ohere approached the Court of Appeal seeking to upturn the election.
INEC had declared Ohere as winner of the senatorial election held on Feb. 25.
INEC returning officer for the district, Rotimi Ajayi, had announced that Ohere garnered 52,132 votes to beat Natasha who had 51,763 votes, with 369 votes margin.
Speaking shortly after the judgment, Mr Usman, who appeared for Akpoti-Uduagan, said justice had been done to the people of Kogi Central Senatorial District, who came out enmass to vote for his client on Feb. 25.
“It is called the people’s mandate and justice has been done,” he said.
Also speaking, Sen. Dino Melaye, the PDP Candidate for the Nov. 11 Kogi governorship election, described the judgment as “victory for democracy.”
Melaye, who congratulated Akpoti-Uduagan, said his party would replicate the victory in the Nov. 11 election.(NAN
JUDICIARY
Court Orders VDM to Remove Defamatory Posts on Falana, Son
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)JUDICIARY
Man Bags 7 Years Imprisonment for Raping 11-yr-old in Kano
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