JUDICIARY
Enugu Tribunal: INEC Closes Defence Without Witness
…Enugu Election Tribunal
The Independent National Electoral Commission (INEC) on Wednesday closed its case against Mr Chijioke Edeoga of the Labour Party (LP) without calling any witness at the Governorship Election Petition Tribunal sitting in Enugu.
The tribunal is hearing the petition filed by Mr Chijioke Edeoga of the LP against the election of Gov.
Edeoga is praying the tribunal to disqualify Mbah over alleged NYSC certificate forgery and manipulation of election results.
When the matter came up for hearing, the INEC counsel, Mr Humphrey Okoli told the tribunal that after thorough review of their case, they decided not to put in any witness.
“Today, the first respondent is mandatory to open their defence, I wish to inform the court that after thorough review of the case, we have decided not to put in any witness,” he said.
Opening his case as was ordered by the court, the counsel to Gov. Peter Mbah of the People Democratic Party (PDP), Mr Onyechi Ikpeazu, called on the first defence witness, Uzo Amaechina, a medical doctor residing in Enugu to testify.
Read Also: As Chijioke Edeoga, LP Await Ruling of Enugu Guber Election Tribunal
Responding to the LP counsel, Mr Adegboyega Awomolo, SAN, the witness said that the election was conducted according to the provision of the law and the electoral guidelines.
Answering questions from Mr S. T Hon, (SAN), the witness said that he did not tender what he used for the preparation of his report for the court to verify because the petitioners witnesses had already tendered them while testifying.
He added that there was no over voting in Akpofu, Isienu, Amagunze and Umuokwu polling units.
He said he was aware that Mbah engaged in NYSC programme in 2002.
The PDP subpoena witness, Mr Yahaya Muhammed, Deputy Director, State Security Service, Abuja through the counsel to PDP tendered an investigation report to the court on the alleged certificate forgery by Gov Mbah.
Awomolo objected to the admissibility of the document, saying that they would address the point of law in their final address.
During cross examination, Awomolo said that the witness did not have a letter authorising him by the Director General of the State Security Service (SSS) to come and give evidence in the Tribunal as the subpoena was addressed to the witness personally and not as an institution.
He said that there was no stamp of Director General of the State Security Service on the report, adding that the report was not written on the letter head of the institution as it did not carry the authority of the SSS.
He added that his report, which was marked exhibit 63, had no attachment of all the documents in the report, saying that the report was his personal report.
Responding to the counsel, the witness said that in their findings, they discovered that Mbah served in NYSC for six months and went to Law school and later completed the service.
According to him, Mbah wrote an application for leave to go for Law school through the Lagos State NYSC office.
“The correspondence has a reference number and the letter was replied permitting him to go to Law school and he replied through the same means as a corps member,” he said.
The Chairman of the three-member Tribunal, Justice M.K Akano adjourned the matter until July 20 for continuation of defence. (NAN)
A 30-year-old salesman, Thomas Daniel, on Tuesday appeared before a Kaduna Magistrates’ Court for allegedly diverting N340, 400 proceeds from sales of 74 bags of cement to his own personal use.
The defendant, who lives at Maraba Rido Kaduna, is facing a charge of stealing.
The prosecutor, Insp.
He said the defendant who was the salesman for the complainant, Godwin Moses, sold 74 bags of cement and refused to remit the proceeds to his employer.
He said that the defendant converted the money to personal use.
Leo said the offences contravened Section 217 of the Penal Code of Kaduna State, 2017.
The defendant, however, pleaded not guilty to the charge.
The Magistrate, Ibrahim Emmanuel, granted him bail in the sum of N100, 000 with two sureties in like sum.
Emmanuel said that the sureties must be resident within the court’s jurisdiction, and adjourned the case until Dec. 20, for hearing.(NAN)
The Court of Appeal sitting in Abuja has sacked Suleiman Wanchiko of Peoples Democratic Party (PDP) as the winner of Bida I (North) State Constituency election in Niger and declared Bako Kasim of All Progressives Congress (APC) as the winner of the poll.
The three-member panel, while delivering the judgment through Justice Bature Isa-Gafai, held Wanchiko’s appeal was unmeritorious.
The appellate court agreed with Kasim’s counsel, Johnson Usman, SAN, that Wanchiko, having presented a forged testimonial to the Independent National Electoral Commission (INEC), ought to be disqualified from contesting the election.
Reports says that INEC had declared Wanchiko the winner of the Bida I (North) Constituency poll for the Niger State House of Assembly election conducted on March 18.
The electoral umpire had declared Wanchiko as the winner with 12, 062 votes as against 11, 820 votes scored by Kasim.
Dissatisfied with the INEC’s declaration, Kasim and APC, through their Counsel, Mr Usman, approached the state’s election petition tribunal via petition number: EPT/NG/SHA/11/2023 between Bako Kasim and another Vs. Suleiman Muhammad Wanchiko and another.
Kasim filed the petition on the grounds that Wanchiko was not qualified to contest in the election in that he submitted forged testimonial to INEC and that the election was invalid by reason of non-compliance with the Electoral Act, 2022.
At the end of trial, the tribunal found merit in the petitioners’ arguments and disqualified Wanchiko and ordered a re-run without him.
Not satisfied with the judgment of the tribunal, Wanchiko, through his counsel, Aliyu Lemu, SAN, approached the Court of Appeal, praying the court to set aside the decision of the tribunal.
But Kasim’s lawyer urged the court to dismiss the appeal and return his client as the winner of the election.
The appellate court upheld Usman’s argument that Wanchiko, having been disqualified, the proper order was to return Kasim as the winner of the poll and directed INEC to issue him a Certificate of Return.(NAN)
A 35-year-old man, Yusuf Jimoh, who allegedly stole spare parts worth N4 million from two different trucks, on Monday appeared at an Ejigbo Magistrates’ Court, Lagos.
The defendant is standing trial on a two-count charge bordering on stealing.
He pleaded not guilty to the charge preferred against him by the police.
The Prosecutor, ASP Benedict Aigbokhan, told the court that the defendant committed the offences on Nov.
19, at 4.30.a.m., at Okofilling bus stop, at Igando area of Lagos.Aigbokhan said the defendant stole one kick starter with electric wires worth N2 million naira from one Man Diesel truck with registration number AGL 844 XL.
He said the Man Diesel truck belonged to one Mr Gbadamos Fuad.
According to him, the defendant also stole one kick starter and some litres of diesel worth N2 million from another truck, a DAF truck, belonging to one Dorosas Global Services Ltd.
He said the offences contravened Sections 287 and 287(8) of the Criminal Law of Lagos State, 2015.
The Magistrate, Miss K.A. Ariyo, granted him bail in the sum of N1 million with two sureties in like sum.
Ariyo ordered that the sureties must be gainfully employed and must show evidence of tax payment to the Lagos State Government.
She adjourned the case until Dec. 11 for mention. (NAN)
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