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JUDICIARY

Court to Rule in Application Filed by Embattled LP Chairman, others’ to Vacate Order May 12

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Justice Hamza Muazu of an FCT high court sitting at Maitama, on Thursday adjourned until May 12 to rule in the  preliminary objection filed by the embattled chairman of Labour Party (LP), Julius Abure and one other

The other respondents are the National Secretary, Alhaji Farouk Ibrahim, Clement Ojukwu and Oluchi Opara.

They are challenging the jurisdiction of the court to entertain a matter filed Martins Esikpali John; Lucky Shaibu; Isah Zekeri; Omogbai Frank; Abokhaiu Aliu; Ayohkaire Lateef; John Elomah and Dr Ayobami Arabambi

The plaintiffs are seeking for the removal of the four respondent through an ex-parte motion, marked M/7082/2023, brought before the court

Justice Muazu adjourned until May 12 after listening to the submissions of the counsel in the matter.

At the resumed hearing counsel for the 1st and 2nd respondents, Alex Ejesieme SAN, informed the court that he filed an application dated April 13.

He said the application is seeking to challenge the jurisdiction of the court to adjudicate in the matter brought before it by the claimants.

He told the court that the plaintiff’s invaded LP’s secretariat and vandalized it against the court order

Ejesieme told the court that since the order was made that his clients have not violated it.

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He said he filed a 13 grounds objections urging the court to dismiss the suit.
” Our contention is very clear that those criminal allegations can not be ventilated in an origination summon ”

“The issue of locust standi is there when you referred to LP’s constitution the claimants are not members of NEC nor the party . “They have a duty to present their membership card to the court which they didn’t.

He added that no certificate of pre -action was filed before the court in fulfilment of order II rules three and eight.

The matter borders on the internal issue of the party according to him.

Counsel for the claimants, George Ibrahim, told the court that the 1 st to 4th defendants had yet to obey the April 5 order of the court.
He added that they were still parading themselves as national officers of the LP.

Ibrahim vehemently objected to the preliminary objections of the 1st &2nd counsel and urged the court to dismiss the preliminary objection.

Justice Muazu had on April 5 issued the restraining order while ruling in ex-parte application argued by Ogwu Onoja, SAN on behalf of the claimants.

Onoja had in the application informed the court how the sacked national officers allegedly forged several documents of the FCT High Court to carry out unlawful substitutions in the last general elections.

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Among the documents are the receipts, seal and affidavits of the Court to carry out alleged criminal activities.

Onoja tendered several documents confirmed to the Judge that the Chief Registrar of the Court wrote the Labour Party to disown several documents used for the alleged criminal activities by Abure and three others.

Onoja said 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.

Justice Muazu held that the application and the supporting affidavits have made out a good case for the request to be granted.

The Judge subsequently ordered that the four officers should immediately stop parading themselves as National Officers of Labour Party. (NAN)

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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