JUDICIARY
Appeal Court Reserves Judgment in Sylva, APC’s Appeals
….Appeal Court Reserves Judgment in Sylva
The Court of Appeal, Abuja, on Friday, reserved judgment in the appeals filed by Mr Timipre Sylva, the All Progressives Congress (APC)’s candidate in the Nov.
11 governorship election in Bayelsa and the party.A three-member panel of the court, led by Justice Haruna Tsammani, made this known after counsel to the parties made their final submissions and adopted their written briefs.
Reports says that the appeals were against the Oct. 9 judgment delivered by Justice Donatus Okorowo of a Federal High Court (FH’), Abuja, which disqualified Sylva as candidate in the election.
A member of the APC, Demesuoyefa Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor.
When the case was called, lawyer to Sylva, Akinlolu Kehinde, SAN, and counsel to the APC, K. O. Balogun, urged the court to allow the appeals, set aside the Oct. 9 judgment and affirm Sylva’s candidacy.
Kehinde observed that Kolomo claimed the matter was a public interest action and that it was based on Sections 180 and 182 that the suit was filed.
The senior lawyer, however, argued that in his first oath taking, Sylva only spend 6 months, three weeks and two days in office before the election was annuled.
He wondered why the trial court would have given judgment in Kolomo’s favour, having not.participate in the primary election that produced Sylva as an aspirant in accordance with Section 285.
He submitted that Koloma lacked locus (legal right) to institute the suit, hence, it ought to have been dismissed.
“Section 285 strictly defines that you must be an aspirant to challenge an election and there is a timeframe within which to challenge the poll,” he said.
“We urge this honourable court to look at our processes and agree with us that the judgment was an hatchet job just to tie this man (Sylva) not to campaign and participate in the election,” he said.
He said presently Sylva’s name had been removed from INEC’s list of candidates for the poll, urging the court to allow their appeals.
Balogun also argued that it was wrong for the trial court to have entertained the suit by Kolomo because he lacked the locus to approach the court.
He faulted the decision of Justice Okorowo, to the effect that Sylva took oath of office twice as Governor of Bayelsa State.
Balogun said: “In 2007 he (Sylva) was elected the Governor of Bayelsa State, but within few months, the Court of Appeal (which was then the final court for governorship election petition) sacked him.
“He contested again in 2008 and won. The eight months that he earlier spent in office was nullified,” he said, arguing that the FHC should not have agreed with Kolomo because those months were voided by the court.
“What he (Kolomo) is doing is fighting a proxy war. He cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.
“What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified months as 4 years,” Balogun said.
Members of the court’s panel also wondered why Kolomo, who claimed to be a member of the APC, but not an aspirant, who participated in the party’s primary, would want to destroy his party’s chance in an election.
They said instead, he would have voted for another party in the poll if he assumed Sylva did not deserve his vote.
The panel also condemned attitude of counsel who failed to advice their clients appropriately on such issues, saying “it is a moral issue.”
Balogun later informed the court that his client filed a motion to compel INEC to reverse its decision to remove Sylvia’s name from the list of candidates for the election.
Justice Tsammani said since the court had chosen to hear the main appeals, it was unnecessary to hear any interlocutory motions.
Lawyer to Kolomo, Prof. Abiodun Amuda-Kanike, SAN, urged the court to dismiss the appeal and affirm the judgment of the trial court.
INEC’s lawyer, Ahmed Mohamed, also prayed the court to dismiss both appeals.
After taking all the arguments, the panel reserved judgment in the appeals at a later date to be communicated to parties.(NAN)
An Ota Magistrates ‘Court in Ogun, on Monday, sentenced a 24-year-old Point of Sales (POS) attendant, Yusuf Olamilekan, to 18 months imprisonment for stealing N1 million belonging to his employer.
In her judgement, the Magistrate, Mrs O.O. Fadairo, sentenced the convict to 18 months imprisonment with an option of fine of N60, 000.
Fadairo said that the convict should also restitute N1 million to the complainant, Emeka and Jane Company.
She added that the Prosecution Counsel had proven beyond reasonable doubt that the convict was guilty of the charge preferred against him.
Olamilekan, whose address was not provided, had earlier pleaded not guilty to the charge of stealing.
The Prosecutor, Insp E.O. Adaraloye, told the court that the defendant committed the offence on April 7, at 6 p.m., at Sango-Ota.
Adaraloye said that the defendant unlawfully withdrew N1 million from his employer’s account, Emeka and Jane Company, without consent, to play a game of chance.
He said that the now convict subsequently lost the money, adding that the offence contravened Section 383 of the Criminal Code, Laws of Ogun, 2006. (NAN)(www.nannews.ng)
IGE/DCO
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Edited by Deborah Coker
An Ota Magistrates ‘Court in Ogun, on Monday, sentenced a 24-year-old Point of Sales (POS) attendant, Yusuf Olamilekan, to 18 months imprisonment for stealing N1 million belonging to his employer.
In her judgement, the Magistrate, Mrs O.O. Fadairo, sentenced the convict to 18 months imprisonment with an option of fine of N60, 000.
Fadairo said that the convict should also restitute N1 million to the complainant, Emeka and Jane Company.
She added that the Prosecution Counsel had proven beyond reasonable doubt that the convict was guilty of the charge preferred against him.
Olamilekan, whose address was not provided, had earlier pleaded not guilty to the charge of stealing.
The Prosecutor, Insp E.O. Adaraloye, told the court that the defendant committed the offence on April 7, at 6 p.m., at Sango-Ota.
Adaraloye said that the defendant unlawfully withdrew N1 million from his employer’s account, Emeka and Jane Company, without consent, to play a game of chance.
He said that the now convict subsequently lost the money, adding that the offence contravened Section 383 of the Criminal Code, Laws of Ogun, 2006. (NAN)
A 42-year-old woman, Bukola Solademi, was on Friday arraigned before a Mapo Grade A Customary Court in Ibadan over alleged theft of carbonated drinks and bottled water valued at N7.688 million.
Solademi, however, pleaded not guilty to the one-count charge levelled against her.
The court’s President, Mrs O.
E. Owoseni, admitted the defendant to bail in the sum of N500,000, with two reliable sureties in like sum.Owoseni said that the sureties must be blood relatives, show evidence of three years tax payment to Oyo State government, present their National Identification Numbers and show evidence of ownership of landed property in Ibadan.
She, thereafter, adjourned the matter till July 4 for hearing.
The Prosecutor, Insp Ayodele Ayeni, had earlier told the court that the defendant committed the offence between March 2024 and April 2025 at Ibikunle, Ayeye area of Ibadan.
Ayeni further said that Solademi stole 12 packs of Bigi water valued at N14,750, 31; packs of big Eva water valued at N309,400, 176 and packs of Mr V water valued at N264,400.
He said that the defendant also stole 405 packs of Predator valued at N1.903,400 and 14 packs of Schewepps valued at N57,600.
The prosecutor listed other items allegedly stolen by the defendant to include: 244 packs of pet coke valued at N882,300; 20 packs of big American cola valued at N128,00012 and packs of Bigi Cola valued at N240,000.
The remaining items were one carton of Lacasera valued at N1,850,240,000; 34 cartons of Pepsi valued at N104,100; 100 cartons of Coca-cola valued at N520,000 and 243 cartons of Fearless valued at N992,300.
The other stolen drinks were: 75 cartons of Bigi Fanta valued at N240,000, 14 packs of Sosa drink valued at N4,000 and 395 packs of Bigi American cola valued at N1.422 million.
Ayeni said that the drinks belonged to one Ajoke Ayinde, a businesswoman.
According to him, the offence contravenes the provisions of section 390(9) of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000. (NAN)
Three men, Wasiu Ayanyemi, Ibtahim Adeniji and Oluwabunmi Owoyemi, were on Wednesday docked in an Ikorodu Chief Magistrates’ Court, Lagos, for allegedly assaulting woman and causing her to miscarry.
The police charged Ayanyemi, 40; Adeniji, 49, and Owoyemi, 40, whose addresses were not disclosed with conspiracy to wit felony, breach of peace, and assault occasionally harm.
The three defendants pleaded not guilty to the charge.
The Prosecutor, ASP Aminu Isaac, said the offence were committed on May 8, at Benson bus-stop area of Ikorodu, Lagos State.
Isaac said the defendants assaulted a three-month pregnanr woman, Ms Adejoke Olusoj, causing her bodily harm and miscarriage
The prosecutor said the defendants also conducted themselves in a manner likely to cause breach of peace
He added the offence contravened the provisions of sections 411, 168(d), 173 and 245 of the Lagos State Criminal Law, 2015.
The Chief Magistrate, Mr B. A. Sonuga, admitted the defendants to bail in the sum of N500,000 each, with two sureties in like sum.
Sonuga adjourned the case until June 16 for further mention. (NAN)
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