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JUDICIARY

Bayelsa: Supreme Court Refuses to Reverse itself, Affirms Douye as Governor

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The Supreme Court on Wednesday, refued to reverse itself in a suit by the All progressives Congress (APC) Governoship cnadidtae in Bayelsa state, David Lyon, seeking a rversal of the judgment which gae the Peoples democratic Party(PDP) candidate, Diri Douye victory about a Month ago.

A panel of the Apex Court led by Justice Mary Odili nullified Mr Lyon’s election on the grounds that his deputy, Biobarakuma Degi-Eremienyo, presented false information to the Independent National Electoral Commission(INEC) to aid his qualification for the November 16 governorship election in State.

The court ordered INEC to declare the party with the highest number of lawful votes and geographical spread the winner of the election.

The candidate of the Peoples Democratic Party, Douye Diri, was later sworn in as governor.

This was sequel to a suit filed by the candidate of the Peoples Democratic Party (PDP), Douye Diri, against the APC candidates and INEC, seeking the disqualification of the APC deputy governorship candidate.

Representing Lyon and Degi-Eremienyo at the review is Afe Babalola, who argued that the apex court has the power to set aside its earlier judgment.

He insisted that the application is not for a review of the judgment but to set aside the judgment sacking Lyon who overwhelmingly won the election.
Babalola added that the judgment of the court delivered on February 13, amounts to a denial of fair hearing.

Justice Sylvester Ngwuta presided and was assisted by six other judges.

According to Justice Amina Augie who read the judgment on Wednesday, the application lacked merit and the decisions of the court are final.

She added that the applicants failed to point out errors, stating that the judgment is final for all ages.

The apex court judge said the judgment is final in the ‘real sense’ and no court on earth can review the judgment.

“There must be an end to litigation even if we review this judgment, every disaffected litigant will bring similar applications and the finality of Supreme Court judgments will be lost.”

She added that the applications are frivolous and vexatious, and awarded the cost of N10 million against the applicants to be personally paid by their counsel.

Justice Augie added that the counsels of the APC and Mr Lyon are to each pay Governor Douye Diri, his deputy Mr Lawrence Ewhrudjakpo and the PDP the same N10 million.-The Will

JUDICIARY

Ex- judge’s Daughter Seeks Share of Late Father’s Property

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Ann Eniyamire, the daughter of former Abuja Customary Court of Appeal President, Justice Moses Bello, on Wednesday, prayed an FCT High Court sitting in Bwari to declare that she is entitled to 11.11 per cent of all her late father’s property, including estates.

Eniyamire told Justice Mohammed Madugu, through her lawyer, Yahuza Mahraz, to grant her the entitlement in line with her late father’s will.

The Reports says that in the suit marked: CV/667/2024, Eniyamire sued Reverend Father Ezekiel Awolumate and Christ the King Catholic Church Okene Parish as 1st and 2nd defendants.

Her lawyer contended that his client was short-changed by the executor of the will, Reverend Father Ezekiel John (1st defendant) and another.

The claimant, in the affidavit attached to the motion, deposed that her late father instructed that all his assets be shared between his wife and the children following an 11.11 per cent sharing formula.

She, therefore, accused the defendants of adopting a sharing formula of 4.16 per cent.

Eniyamire, who has 38 reliefs, urged the court to reverse the alleged decision of the defendants, relieve them of their duties (as executors of her father’s will) and restore 11.11 per cent of her father’s property to her.

She also sought a declaration that the claimant is entitled to a share of 1/9 or 11.11 per cent of all her late father’s assets of shares and stocks.

She equally sought an order directing the defendants to account, tender and hand all necessary documents
with regards to administration, management and distribution of the estates of the claimant’s late father to any appointed administrator general, among others.

When the matter was called on Wednesday, Mahruz told the judge that hearing on his case was ripe.

But the defendants’ counsel, Adewale Adegboyega, told the judge that he had filed a preliminary objection challenging the competence of the suit.

Justice Madugu, who said it was not convenient to take the matter today, consolidated the defendants’ notice of preliminary objection and the claimant’s motions so that they could be taken together in tye next adjourned date.

He then adjourned the matter until June 4 for definite hearing.(NAN)

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JUDICIARY

Court Fixes May 17 for Ruling on Binance Executive’s Bail Plea

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A Federal High Court Abuja, on Tuesday, fixed May 17 for a ruling on a bail application filed by the detained Binance executive, Tigran Gambaryan.

Justice Emeka Nwite fixed the date after counsel for the Economic and Financial Crimes Commission (EFCC) and Gambaryan’s lawyer, Mark Mordi, SAN, adopted their processes and argued their case against and for the bail plea.

The judge had ordered the remand Gambaryan in Kuje Correctional Centre after he pleaded not guilty to the money laundering charges preferred against him by the EFCC.

The EFCC had accused Binance Holdings Limited, Gambaryan and Nadeem Anjarwalla, another agent of the company, of allegedly conspiring amongst themselves to conceal the origin of the financial proceeds of their alleged unlawful activities in Nigeria including $35,400, 000.

They were alleged to have committed an offence contrary to Section 21 (a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022, among others.

However, Anjarwalla escaped from lawful custody on March 22 and fled Nigeria for Kenya.

At the resumed hearing, Mordi told Justice Nwite to grant his client’s bail, arguing that the EFCC had failed to produce any credible evidence to oppose his application.

According to him, the complainant’s allegation that Gambaryan was arranging to escape from custody like his colleague was false.

“There is no exhibit or document displaying EFCC’s credible intelligence.

Iheanacho said the court would be taken a grave risk by granting the Binance agent a bail because he had no attachment to any community in Nigeria or competent person to stand as his surety.

He contended that Gambaryan attempted to apply for a new United States passport while in detention knowing fully well his International passport was seized by the Nigerian state.

The lawyer said he was a flight risk and that if granted bail, he would jump bail like his colleague.

He disagreed with Mordi that the commission had not provided credible evidence that Gambaryan was planning to escape.

He said going by the deposition in their counter affidavit, the deponent was one of the investigative team that investigated the case.

He urged the court to dismissed the bail application.

In the alternative, he advised the court to return the applicant to EFCC custody if the judge decides to grant him bail.

Justice Nwite then fixed May 17 for ruling.(NAN)

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JUDICIARY

Ogun Judiciary Staff Suspends Strike

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Members of the Judiciary Staff Union of Nigeria (JUSUN) in Ogun on Tuesday said they have suspended their indefinite strike action which began on April 8.

The union announced this through a statement in Abeokuta signed by its Publicity Secretary, Mr Adewale Adenekan.

The union had embarked on the strike over the non-payment of 40 per cent peculiar allowance by the state government.

The statement said its National Officers and the Ogun JUSUN Executive Committee members had on Monday held a meeting with the Secretary to the State Government (SSG).

It said the meeting also had in attendance the state Chairmen of Nigeria Labour Congress (NLC)and Joint Negotiation Council (JNC).

“After the meeting with the representatives of the State Government, the authenticity of the union’s demand was established and the State Government realised its mistakes in the failure to involve the JUSUN executive in the negotiation process which led to the approval and implementation of the Peculiar Allowance.

“The state government said this was because JUSUN is not a member of JNC.

“However, the bone of contention is now the timing of the implementation of the union’s demand, putting into consideration the imminent announcement by the Federal Government of the new minimum wage which is expected on May 1.

“This will be billed for implementation between May and June 2024 for both Federal and State workers,” Adenekan stated.

“After much discussion on the matter, it was agreed that JUSUN’s demands should be treated together with the full implementation of CONJUSS alongside the minimum/living wage negotiation and implementation,” he added.

The union further said it was equally agreed that JUSUN would be given a slot in the technical committee for the negotiation and implementation of the minimum wage in the state.

It pointed out that this would give the union an opportunity to effect its dem ands, as well as the full implementation of CONJUSS and other benefits.

“This is a very difficult moment for both the leadership and members of the union, but we believe this is a fair agreement that will benefit the union and its members in the long term.

“In view of the above, the National Officers and JUSUN leadership of Ogun State, having reviewed the proceedings of the meeting, decided to suspend the indefinite strike action,” Adenekan said.

The union thereby directed all its members to resume work by Wednesday.

“The union will continue to engage the State Government towards the actualisation of its demands.

“We look forward to continui;rovide our esteemed members with excellent and quality leadership,” it stated.(NAN)

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