JUDICIARY
Court Assumes Jurisdiction to Hear Suit Seeking LP Chairman, Abure, Others’ Removal
Justice Hamza Muazu of an Abuja High Court on Friday held that the court has jurisdiction to entertain suit filed by some members of the Labour Party (LP).
The suit is seeking the removal of the chairman of the party, Julius Abure, the National Organising Secretary, Mr Clement Ojukwu and National Treasurer and Oluchi Opara,
Justice Muazu held that it was no longer the law that the court cannot adjudicate in poljtical parties’ matter.
The judge further held that if the party had been at peace with itself, there would not be any need for the court to interfere in its affairs.
“When there is no crack on the wall, there will not be need for an outsider to come mend it,” he said.
Muazu further held that the plaintiffs’ case is justiciable contrary to the submission of the counsel for Abure and Farouk, Alex Ejesieme SAN,
He added that the plaintiffs were equally right to have instituted the case through originating summons.
On the issue of locus standi of the plaintiffs to bring the matter before the court, the judge held that being members of the LP, they have the locus standi to institute the case.
Following the April 5 ex-parte injunction made by Justice Muazu, stopping Abure, the National Secretary of the party, Alhaji Umar Farouk and two other national officials, Ejesieme had on April 20 argued that the court lacked jurisdiction to entertain the matter.
The senior advocate had submitted that the matter before the court bordered on the internal affairs of the Labour Party, adding that criminal allegations made by the plaintiffs in the case, could not be ventilated in an origination summon.
He added that the eight plaintiffs that brought the case before the court were not members of the National Executive Council of the party and as such lacked the locus standi to institute the case.
“Our contention is very clear that those criminal allegations cannot be ventilated in an origination summon.
“The issue of locus standi is there. When you referred to LP’s constitution, the claimants are not members of NEC or the party.
“They have a duty to present their membership cards to the court which they didn’t,” the counsel argued.
While objecting to the preliminary objection raised by the counsel for Abure and Farouk, counsel for the plaintiffs, Mr George Ibrahim, urged the court to dismiss same.
According to him, the first to fourth defendants had yet to obey the April 5 order of the court as they were still parading themselves as national officers of the LP.
With the ruling of the court on having jurisdiction to hear the case, its order of April 5 subsists.
The judge adjourned until May 19 to hear the substantive case.
The eight plaintiffs in the case are Martins Esikpali John; Lucky Shaibu; Isah Zekeri; Omogbai Frank; Abokhaiu Aliu; Ayohkaire Lateef; John Elomah and Dr Ayobami Arabambi,.
They had in an ex-parte motion, marked M/7082/2023, sought the removal of Abure and the three other national officers of the party.
They informed the court, through their counsel, Ogwu Onoja SAN, that Abure and the three other national officials allegedly forged several documents of the FCT High Court, including receipts, seal and affidavits, to carry out unlawful substitutions in the last general election.
Onoja argued that following their indictment by police investigation, the four people are to be arraigned in court, adding that warrants for their arrest have already been obtained.
Reacting to the court’s ruling in interview with journalists, the acting National Chairman of Labour Party, Alhaji Bashir Apapa, said that justice had taken its natural course, saying that the judge acted in line with true justice.
According to him, “with this ruling, there is no doubt that I am in charge. As of today, I am the acting National Chairman of Labour Party.
Apapa subsequently directed all the party’s lawyers handling its election petition before the presidential election petition court, to within 48 hours come and brief him on the processes so far. (NAN)
JUDICIARY
Court Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)