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JUDICIARY

INEC Fails in Attempts to Arraign Suspended Adamawa REC, Hudu

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INEC makes U-turn, admits ownership of server
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Attempts by the Independent National Electoral Commission (INEC) to arraign its suspended Resident Electoral Commissioner, Hudu Yunusa-Ari, before Adamawa State High Court 9 sitting in Yola, Adamawa State got a step back.

Trial Judge, Justice Benjamin Manji, drew the attention of the prosecution counsel, Rotimi Jacobs, SAN to the orders of Justice Donatus Okorowo of the Federal High Court sitting in Abuja, who ordered that parties to maintain the status quo ante bellum pending the hearing and determination of the matter.

Justice Manji, furthermore advised Rotimi Jacobs, to go back to his clients (INEC) and inform them that it will be an affront to the orders of Hon. Justice Okorowo, for the matter to proceed.

The judge further added that, for now, there is nothing the Adamawa State High Court sitting in Yola, can do  pending the determination of the matter before the Federal High Court in Abuja.

Meanwhile, there was no any legal representation for the suspended Adamawa Resident Electoral Commissioner REC, Hudu Yunusa-Ari, when the matter was mentioned.

The Federal High Court in Abuja, had on Monday, suspended INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate, as governor in the March 18, 2023 poll.

Hon. Justice Donatus Okorowo gave the order after a former Attorney General of the Federation and Minister of Justice Chief. Michael Aondoakaa, SAN, counsel to Senator Dahiru, moved the ex-parte motion to the effect.

In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.

Chief Aondoakaa, SAN leading alongside M S Diri, SAN and others while moving the motion on Monday, argued that until the election petition tribunal decides his client’s fate per section 149 of the Electoral Act, 2022, the prosecution of Mr Yunusa-Ari cannot be valid.

He said the decision of INEC to file an action against any person involved in Senator Dahiru’s April 15, 2023 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client would deprive her of section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.

The senior lawyer informed the court that though a similar suit was filed before Justice Inyang Ekwo, where a judicial review of INEC’s action was sought, the sister court ordered the APC candidate to satisfy him as to whether his court has jurisdiction. The suit was withdrawn after it was overtaken by events.  Senator Dahiru approached the tribunal with her suit, having been an election-related matter.

Chief Aondoakaa, SAN said an undertaking had been signed to prove to the court that the present suit was not frivolous.

He said in the undertaking that they were ready to face any cost should the court find the case to be frivolous

After listening to Chief Aondoakaa, SAN, Hon. Justice Okorowo ordered the parties to maintain the status quo ante bellum pending the hearing and determination of the matter.

The judge, who adjourned the matter until July 18, 2023, for a hearing, ordered the respondents to show cause while the reliefs sought by Senator Dahiru should not be granted as prayed.

The judge further ordered accelerated hearing of matter in view of the urgency of the matter

JUDICIARY

Pastor Arraigned over Alleged Rape of Married Woman in Edo

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From Joseph Ebi Kanjo, Benin

A 38-year-old pastor, Simeon Okehielem of the Synagogue Prayers Ministry has been arraigned before an Edo State High Court for allegedly raping a married woman, Isoken Vivian Aigbedo.

The pastor, who was accused of engaging in sexual relationships with married women within his congregation, was docked before the court in Benin City, on Thursday last week.

The charges against Pastor Okehielem followed a year 2022 incident in Uholor Community of Benin City where the cleric allegedly drugged and raped the woman leading to the birth of a child.

Recent DNA results reportedly confirmed the pastor as the biological father of the child, which prompted the Nigerian Police to re-arrest and formally arraign him.

The presiding judge, Justice Erhabor, granted an ex-parte order to remand the suspect at the Benin Correctional Custodial Centre for 14 days, pending legal advice from the Director of Public Prosecution (DPP), Ministry of Justice, Edo State.

The State Prosecutor, P.O. Odion told the court that the alleged offence occurred in February 2022.

Okehielem was slammed with two-count charge on alleged rape and administering a stupefying substance with the intent to commit a felony.

The charge sheet, marked Suit No: BLOD/2323M/2025, reads: “That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, did rape one Mrs Isoken Vivian Aigbedo and thereby committed an offence contrary to Section 4, punishable under Section 5(1) of the Violence Against Persons (Prohibition) Law, 2021.

“That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, with intent to commit a felony, administered a substance to stupefy one Mrs Isoken Vivian Aigbedo, thereby committing an offence punishable under Section 256 of the Criminal Law of Edo State, 2022.”

Speaking to journalists after the court session, the victim’s legal counsel, Clinton Ogbebor, applauded the Police for its diligence.

“We are in court today over the alleged rape of my client, Mrs Isoken Aigbedo, by one Pastor Simeon Okehielem,” he said.

Ogbebor confirmed that the case file would now be forwarded to the office of the DPP for legal advice, after which the trial will proceed accordingly.

The development has stirred debates across Benin City, with residents and religious leaders expressing shock and calling for justice.

The case has been adjourned pending further legal advice from the Director of Public Prosecution.

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JUDICIARY

Court Bars Bello from Acting as Nasarawa APC Chairman

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A Senior District Court 3, Lafia, Nasarawa State, on Thursday restrained Mr Aliyu Bello, the embattled Chairman of All Progressives Congress (APC) in the state, from presenting himself as Chairman or a member of the party.This followed a motion filed by Suleiman Turaki, Counsel to Ibrahim Iliyasu, the Chairman of APC in Gayam Electoral Ward of Lafia Local Government Area of the state.

Report says that on July 1, Iliyasu, alongside 13 other officials of the party in the ward, suspended Bello from the party over alleged anti-party activities.
The order signed by Abdullahi Lanze, Senior District Judge of the court, stated that the prayer was granted after hearing the application presented by the applicant’s counsel.
The order specifically restrained Bello, his agents, privies, supporters or any person acting on his behalf, authority, or direction, from presenting himself as a member or Chairman of the party.The court also barred Bello from issuing statements, carrying out functions, or acting in any manner whatsoever, through the media or otherwise, as a member or Chairman of APC.This would be pending the hearing and determination of the motion on notice. (NAN).

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JUDICIARY

Unemployed Man Arraigned for Allegedly Impersonating Military Officer

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 A 30-year-old unemployed man, Sadiq Usman, on Thursday appeared before an Ikeja Magistrates’ Court for allegedly parading himself as a military officer.

Usman is facing a two-count charge of impersonation.

He, however, pleaded not guilty to the charge.

The prosecutor, Supol Josephine Ikhayere, told the court that the defendant committed the offences on May 24 at about 3.

30 p.
m. at Alaba Rago Market area of Ojo, Lagos State.

Ikhayere said that the defendant, who was unemployed, unlawfully had in his possession a Nigerian military camouflage uniform, cap, belt, and boots.

“He paraded himself as a member of the Nigerian Army and had in his possession two Nigerian Navy identity cards,” she said.

According to her, the defendant was arrested when he failed to give a satisfactory account of the items.

The prosecutor said that the offences contravened sections 77(a)(b) and 79(a)(b) of the Criminal Law of Lagos State, 2015.

Section 77 stipulates a three-year jail term for anyone found guilty of impersonating a member of the armed forces or the police.

Section 79 stipulates two years imprisonment for unlawfully wearing the uniform of the armed forces.

The Magistrate, Mr Lateef Owolabi, granted the defendant bail in the sum of N150,000 with two reliable sureties in like sum.

He ordered that the sureties must show evidence of tax payments to the Lagos State Government.

Owolabi adjourned the case until July 1 for mention. (NAN)

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