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JUDICIARY

Appeal Court Reverses INEC’s De-registration of 22 Parties

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The Supreme Court, Political Parties and Internal Democracy
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The Court of Appeal in Abuja on Monday reversed the  deregistration of 22 political parties by the Independent National Electoral Commission (INEC).

The parties were among the 74 political parties de-registered in Feb.6,  2020 by INEC, for not meeting the necessary constitutional requirements.

Delivering judgment, the court’s president, Justice Monica Dongban-Mensem, unanimous held that INEC ignored due process in exercising its powers under Section 225(a) of the Constitution (as amended).

The appellate court held  that not only were the affected political parties already in court before INEC exercised its constitutional powers to de-register a party, it failed to inform the parties why they could no longer exist.

In the lead judgment by Justice Dongban-Mensem, the Court of Appeal held that the de-registration of the appellants was illegal because INEC failed to comply with due process of law.

The appellate court equally held that INEC’s acton was not in compliance with the provisions of Section 225(a) of the Constitution because it (INEC) did not indicate reasons for its decision to de-register the appellants.

The court noted that Section 40 of the Constitution entitles citizens to the freedom of association, and as such, the right conferred on a political party cannot be taken away except in accordance with the provisions of the law and due process.

It noted that the appellants were not challenging the legitimacy of the law/constitutional provision under which INEC claimed to have acted, by the process of their deregistration.

The Court of Appeal proceeded to set aside the June 11, 2020 judgment of the Federal High Court, Abuja and ordered that the appellants should henceforth be listed as political parties in the country.

The parties are the Advanced Congress of Democrats (ACD), Advanced Nigeria Democratic Party (ANDP), All Blending Party (ABP), All Grand Alliance Party (AGAP), Alliance of Social Democrats (ASD), Change Advocacy Party (CAP), Democratic People’s Congress (DPC), Green Party of Nigeria (GPN), Masses Movement of Nigeria (MMN) and Mega Party of Nigeria (MPN).

Others are: New Generation Party of Nigeria (NGPA), Nigeria For Democracy (NFD), Peoples Coalition Party (PCP), Progressive Peoples Alliance (PPA), People for Democratic Change (PDC), Young Democratic Party (YDP), Re-Build Nigeria Party (RBNP), Save Nigeria Congress (SNC), Socialist Party of Nigeria (SPN), United Democratic Party (UDP), United Patriots (UP) and We The People of Nigeria (WTPN).

Respondents in the appeal were the Attorney General of the Federation (AGF) and INEC.

The parties in 2019 sought the interpretation of the novel provision in Section 225(a) in the amended Constitution. But, before the suit marked: FHC/ABJ/CS/444/2019 could be decided, INEC announced its de-registration of parties in February.

The Justice Anwuli, Chiekere of the Federal High Court, Abuja, rejected the Plaintiffs contention dismissed the suit and upheld INE’s powers to deregister parties, a decision the 22 parties appealed at the Appeal Court.

JUDICIARY

Woman in Court for Allegedly Damaging N2.5m Shop

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One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.

Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.

She, however, pleaded not guilty.

The prosecutor, Sgt.

Samuel Owolabi, told the court that the defendant committed the offences on Dec.
  9,  about 11.49 a.m. at Jericho area of Ibadan.

Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.

He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.

According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.

The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.

Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)

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JUDICIARY

Woman Arraigned for Alleged N6.8m Theft

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 41-year-old woman, who allegedly stole N6.8 million from a company, has appeared before an Ojo Magistrates’ Court in Lagos State.

Irene Onyechi appeared before the Magistrate, Mrs O. M. Ogun, on a count charge of stealing.

She, however, pleaded not guilty to the charge.

The prosecutor, Insp Esther Adesulu, told the court that the defendant committed the offence from June to September.

Adesulu said that the defendant stole  from the New Concept Pharmacy located at Ojo.

The alleged offence contravenes Section 287 of the Criminal Law of Lagos State, 2015.

The court granted the defendant bail in the sum of one million Naira with two sureties in like sum

It adjourned the case until Jan.

16, 2025 for mention. (NAN)

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JUDICIARY

Alleged N110bn Fraud: Court Admits ex-Kogi Governor to N500m Bail

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A Federal Capital Territory High Court on Thursday, admitted former Governor of Kogi , Yahaya Bello to bail in the sum of N500 million with three sureties in like sum.Justice Maryann Anenih had, on Dec. 10, refused the ex-governor’s bail application, saying it was filed prematurely.Delivering the initial ruling, she said, having been filed when Bello was neither in custody nor before the court, the application was incompetent.

There was, however room for the governor’s lawyers to file a fresh application for bail and apply for hearing date.
The former governor is facing an alleged money laundering trial to the tune of N110bn, along with two others.He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.
At the resumed hearing on Thursday , Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”There was no objection from the prosecution counsel, Olukayode Enitan, SAN. The court, therefore, granted the application for withdrawal, striking out the further affidavit.Daudu, also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.In light of this understanding, Daudu urged the court to grant the bail application.He further requested that if the court would graciously grant the Defendant bail, the court should kindly review the bail conditions for the 1st, 2nd, and 3rd defendants.He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had been in talks with the prosecution team.In accordance with the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.“It is legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.“We are therefore leaving this to your lordship’s discretion.”Delivering her ruling, Justice Anenih acknowledged that the offence Bello was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.Bello was also asked to deposit his international passport and other travel documents with the court.He is to remain in Kuje Correctional Centre until the bail conditions are met.Daudu also prayed for the variation of the 2nd defendant ‘ bail condition.Z.E Abbas, counsel for the third defendant filed a motion on Dec. 17 for variation of bail conditions and urged the court to grant the application.This variation is based on landed property which earlier restricted them to only Maitama.The prosecution did not object.The judge granted their prayers and granted the property location as Yahaya Bello ‘s.The second and the third defendants were earlier admitted to bail in the sum of N300m each with two surgeries in.like sum with property at Maitama.The case was adjourned until Jan. 29. (NAN))

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