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JUDICIARY

Court Bars NYSC From Further Disclaiming Mbah, Enugu Governor-elect’s Certificate

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The  Federal High Court, Abuja has restrained the National Youth Service Corps, (NYSC)  from further publishing a disclaimer, denying the issuance of certificate dated Jan.6, 2003 to the Enugu state Governor-elect, Mr Peter Mbah.

Ruling on an ex parte application moved by Mr Emeka Ozoani, SAN, on behalf of Mbah, Justice Inyang Ekwo also barred the NYSC Director, Corps Certification, Mr Ibrahim Muhammad from continuing to issue a disclaimer to the effect that Mbah’s  NYSC certificate was not issued by the NYSC.

Ozoani brought the motion under Section 13(1) & (2) of the Federal High Court Act Cap F12, Vol.

6, Law of Federation of Nigeria, 2004, and Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019.

 Justice Ekwo granted prayer one on the motion paper.

 The judge, however refused to grant prayer two saying that it was far reaching but rather ordered the plaintiff to put the defendants on notice.

He said that the second prayer was an issue to be adjudicated upon in the substantive suit.

Consequently, the trial judge ordered the applicant to serve the defendants with court processes within two days of the order.

The motion ex parte was predicated on 10 grounds.

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 He said that after graduating in law from the University of East London in 2000, retuned to Nigeria and as a pre-requisite to practice as barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 programme of the Nigerian Law School.

Mbah said upon completing the bar part I exam, he had to wait for the bar part 2 programme, and was advised that instead of spending time idling around, he should proceed to the mandatory one year NYSC programme.

He said he was called up for  NYSC and was deployed initially to Nigerian Ports Authority Apapa for his primary assignment but was rejected by NPA, before securing the law firm of Ude & Associates.

“The plaintiff in the course of his service year and after six months of NYSC, applied and was granted approval to defer the NYSC in order to enable him complete the bar final exam.

“Thereafter, the plaintiff was re mobilized to finish the NYSC programme, which he did complete.”

Mbah averred that upon completion of the NYSC, he was issued the certificate of National Service No. A.808297 dated Jan.6 2003.

Justice Ekwo adjourned the matter until May 22 for hearing of the motion on notice.

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Report says that the NYSC had on Feb. 1 written a letter signed by Mr Ibrahim Muhammed saying that the NYSC certificate belonging to Mbah was not issued by the corps.

NAN also reports that Mbah of the Peoples Democratic Party, (PDP)  won the Enugu state governorship election held in March 18.(NAN)

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JUDICIARY

Presidential Election Petition Court Adjourns Hearing of APM’s  Petition Until June 9

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The Presidential Election Petition Court on Friday in Abuja, adjourned hearing of the petition filed by the Allied Peoples Movement, (APM), against the All Progressives Congress,  (APC) and others to give the petitioner more time to obtain a certified true copy of the Supreme Court Judgment, delivered on May 26.

The News Agency of Nigeria, (NAN) reports that the judgement according to counsel to President Bola Tinubu, Mr Wole Olanipekun, SAN, had settled the issue raised in the petition of the APM.

He said that the judgement of the Supreme Court of May 26 delivered in a suit instituted by the Peoples Democratic Party, (PDP) marked SC/CV/501/2023 against the APC on similar grounds had resolved  the issue of place holder.

According to him, the petition does not stand as the Supreme Court has laid to rest the sole issue the petitioners are asking for, which is also challenging APC’s victory on grounds of using a placeholder, Kabiru Masari in place of Kashim. Shettima

When the matter was called, Counsel to the APM, Mr Yakubu Maikasuwa, SAN  said that although the matter was adjourned to enable them peruse the apex court’s judgment and take a decision, they had been unable to get the judgment.

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“My lords, we have not been able to get the judgment so I am unable to take a position on the status of the petition.

“I therefore apply for an adjournment as we are doing all we can to get the judgement so we can take a position on the status of the petition.”

All the respondent in the matter did not oppose the application for an adjournment.

The five-man panel chaired by Justice Haruna Tsammani therefore adjourned hearing of the petition until June 9 to enable petitioners obtain the said judgment. (NAN) 

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JUDICIARY

PEPC Admits Exhibits of 6 States in Evidence Against Tinubu’s Election

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The Presidential Election Petition Court (PEPC), has admitted in evidence, exhibits from the Labour Party and Mr Peter Obi in six additional states to prove their allegation of irregularities in the Feb. 25 Presidential Election.

The petitioners on Thursday, tendered exhibits in six states including Rivers, Benue, Cross River, Niger, Osun and Ekiti states.

At Friday’s proceedings, the petitioners tendered exhibits in six other states including Adamawa

Bayelsa, Oyo, Edo, Lagos and Akwa Ibom.

The exhibits were certified true copies of  Forms EC8A used in the  presidential election.

The petitioners presented  forms EC8A for 21 local government areas of Adamawa and eight local government areas of Bayelsa.

Others are 31 local government areas of Oyo, 18 local government areas of Edo, 20 local government areas of Lagos state and 31 local government areas of Akwa Ibom.

Counsel to all the respondents in the petition objected  to the documents being admitted in evidence but withheld their reasons until their  final addresses.

Mr Peter Afoba, SAN, who handled Friday’s proceedings on behalf of Obi and the Labour Party thereafter prayed the court for an adjournment having exhausted all the documents they had to tender for the day.

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Afoba prayed the court to deem all  the admitted documents as been read but all the respondents refused to give their consent to the request on the grounds that they had objected to the documents being admitted in evidence.

The court chaired by Justice Haruna Tsammani subsequently adjourned further hearing of the petition until June 5. (NAN)

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JUDICIARY

Plateau LG Chairmen Take Mutfwang to Court Over Suspension 

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The Chairmen of the 17 local governments of Plateau have taken Gov. Caleb Mutfwang to court over their suspension from office.

Mr Alex Na’antuam, Chairman, Association of Local Government of Nigeria (ALGON) Plateau chapter, who briefed newsmen on Friday in Jos said that their purported suspension was unconstitutional.

Na’antuam who is the Chairman of Shendam Local Government told journalists that in any event, “the power to remove the chairmen for any gross misconduct does not reside with the House of Assembly or the governor” 

The ALGON chairman stated that the  procedure for removing a local government chairman is explicitly set out in Section 37 of the Local Government Council Law.

He stated that just like the governor, who cannot be suspended from office because he is the chief executive of the state, so it is with the chairmen of local government councils.

“Before the purported suspension, the 17 local government chairmen and the legislative councils had approached the court.

“We went there to invoke its interpretative jurisdiction to determine, among others, whether the governor has the power to terminate, suspend, truncate, or disturb our tenure in the light of Section 7 of the constitution.

“The system of local government by democratically elected local government councils is under this constitution guaranteed.

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“Pursuant to the said suit, we filed a motion for interlocutory injunction seeking the court’s order of interlocutory injunction restraining the governor, either by himself or his privies, from disturbing, disputing, terminating, suspending, or truncating the tenure of the local government chairmen and the legislative council,” he stated.

He  said that their attention was on Thursday drawn to the purported decision of the governor approving with immediate effect the suspension of the 17 local government area structures to pave the way for the investigation being carried out by the Government.

Na’antuam said that governor did not cite any constitutional or statutory support, enabling him to suspend what they described as “17 local government area structures”.

The chairman said that actions contemplated by the state assembly was a mere resolution and advisory to the governor.

“In any case, such advice will not override existing legislations establishing the local government councils, as enshrined in the constitution, which is domesticated by relevant laws on the same subject matter in Plateau state.

“We have gone through the Plateau Local Government Council Law and we have found out that there is no part or whole of the law donating such powers to the House of Assembly.

“The Plateau State House of Assembly is the maker of the Plateau State Local Government Council law and to act in contempt and in utter disregard of the laws made by them is to devalue their functions,” he added.

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According to him, the resolution of the house upon which the governor allegedly acted “is said to be rooted in a petition by an unknown and unascertainable person alleging undisclosed financial improprieties or malfeasance against the 17 chairmen and councillors”.

He stressed that the purported petition was not served on any of them.

“We have abiding faith in the judiciary to invoke its disciplinary powers to overturn this unconstitutional behaviour.

“In the eyes of the law, we remain chairmen and councillors, respectively, until the court determines otherwise.

The local government is not a mere parastatal of the state and Section 7 (1) of the 1999 Constitution guarantees the autonomy of local government councils,” he said.(NAN)

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