JUDICIARY
INEC, Tinubu Oppose Atiku Abubakar’s Application for Live Television Coverage of Petition
All Progressives Congress (APC), the President-elect, Sen. Bola Tinubu and INEC on Thursday opposed an application for live television coverage of proceedings in a petition filed by Alhaji Atiku Abubakar.
Alhaji Abubakar, candidate of the Peoples Democratic Party (PDP) at the presidential election of Feb.
25 filed the petition to challenge the declaration of Tinubu of the APC as winner by INEC.Abubakar, the first runner-up at the election filed his petition at the Presidential Election Petition Court (PEPC).
The Vice-President-elect, Alhaji Kashim Shettima, another respondent, also opposed the application for live television coverage of the proceedings.
Arguing separately when the matter was called at the PEPC, the respondents said live telecast of proceedings could ridicule the traditional solemn nature of court proceedings.
Opposing Abubakar’s motion, counsel for INEC, Mr Abubakar Mahmoud (SAN), said the court proceedings were already open to the public.
“There is an implicit suggestion in the application that unless the proceeding is televised, it is not public.
“This is not true as the courtroom is a public place and it is accessible to all, subject to availability of space,’’ he submitted.
On Abubakar’s submission in the motion that there was no statutory legislation preventing live television coverage, Mahmoud said live streaming was different from televising live.
He added that live streaming was controlled by the court and no live cameras were allowed into the court room.
He also argued that live telecast would make nonsense of the court proceedings since the courtroom was not a market place for theatrics.
He submitted that lawyers did not need to be under any more pressure than they already were with cameras in their faces.
The INEC counsel prayed the court to refuse the application as it was unnecessary, uncalled for and would defeat the essence of the administration of justice.
Arguing on behalf of Tinubu and Shettima, their counsel, Mr Wole Olanipekun (SAN), who described the application as a peculiar one said Abubakar’s request was not only surprising, but dangerous.
Olanipekun prayed the court not to allow Abubakar to turn the court into a film house, a stadium, a crusade ground or a theatre where live telecasts were allowed.
The senior lawyer wondered whether even an Area Court could grant such order since it could not be enforced or supervised.
He also wondered why the petitioner, rather than ask for expeditious hearing of the petition was wasting time on application for live television coverage.
He prayed the court to not only dismiss the application but to impose a heavy cost on the petitioner.
Arguing on behalf of the APC, Mr Lateef Fagbemi (SAN) opposed the application and faulted the request arguing that the facility and policy documents were not there for the application to be granted.
Fagbemi held that the application was baseless as there was no allegation that there was no adequate coverage of proceedings.
“There is no allegation anywhere that the proceedings are not adequately covered.
“There is a distinction between trial for the public and trial in public; I have adopted trial in public.
“There is a special gallery outside the courtroom and special provision has been made for the public to use it.
“It will be like opening the floodgates to accede to such request as a precedent would have been set even for governorship election petition tribunals and the others,’’ he said,
Fagbemi added that the petitioner had failed to disclose what injury would be done to the petition if the application was not granted.
He prayed the court to dismiss the application as granting it would be synonymous to turning the court’s proceedings into a semblance of the “Big Brother Naija’’ show.
Arguing earlier in support of the application, Mr Chris Uche (SAN), counsel to Abubakar, said that there was no legislative or statutory provision against the application.
According to Uche, the fact that it has not been done before does not mean that it cannot be done.
“The respondents have decided to trivialise it by likening it to Big Brother Naija, but there was an Oputa Panel which had live coverage and the nation benefitted from it.
“Nobody will be prejudiced by the live coverage, but the nation will benefit greatly from the live coverage.
“Moreover, if the results, as we contend were not transmitted live, let the proceedings be transmitted,’’ he submitted.
Uche said the petitioner was not asking that the cameras should show the judges live, but to show only the lawyers and the proceedings.
Having listened to all arguments, Chairman of the Court, Justice Haruna Tsammani, reserved ruling on whether to grant the request or not.
Alh Abubakar had approached the PEPC seeking an order allowing live broadcast of the day-to-day proceedings on his petition.
He said the petition was of monumental importance to the nation.
In the application, Abubakar and the PDP specifically prayed the court for an order directing the court’s registry and parties on modalities for admission of media practitioners and their equipment into the courtroom.
They contended that being a unique electoral dispute with a peculiar Constitutional dimension, it was a matter of public interest where millions of Nigerians and voters were stakeholders with Constitutional rights. (NAN)
JUDICIARY
Man, 36, Docked for Alleged Theft of N870, 000 Rice
A 36-year-old man, Kazeem Bankole, on Thursday appeared before a Badagry Chief Magistrates’ Court, for allegedly stealing 10 bags of rice valued at N870,000.
Bankole, whose address was not provided, is facing a two-count charge of conspiracy and stealing.
He, however, pleaded not guilty to the charge.
The prosecutor, Insp Edet Ekpo, told the court that the defendant committed the offences with some others still at large, on Oct.
5 at about 2.30p.m at Mosafejo in Aradagun area of Badagry.Ekpo said that the defendant stole 10 bags of rice from a shop belonging to the complainant, Mr Michael Oyediji.
He said that the defendant was caught by security guards, who handed him over to the police.
Ekpo said that the offences contravened Sections 411 and 287 of the Criminal Law of Lagos State, 2015.
Report says that Section 287 stipulates three years jail term for stealing, while Section 411 provides two years for conspiracy.
The Chief Magistrate, Mr N.A Layeni, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Layeni ordered that one of sureties must be a civil servant on grade level 12.
He adjourned the case until Nov. 14 for mention.(NAN)
JUDICIARY
Court Bars CBN, AGF, Others from Releasing Allocation to Rivers Government
The Federal High Court in Abuja, on Wednesday, restrained the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to Rivers government.
The order also affected the Accountant-General of the Federation (AGF), Zenith Bank and Access Bank where the state government also banks.
Justice Joyce Abdulmalik, in a judgment, held that the receipt and disbursement of monthly allocations since January 2024 by Gov.
Siminalayi Fubara of Rivers is a constitutional somersault and aberration that must not be allowed to continue.Justice Abdulmalik held that the presentation of the 2024 Budget by Fubara before a 4-member Rivers House of Assembly was an affront to the constitutional provision.
The judge said that Fubara’s action in implementing unlawful budget had smacked gross violations of the 1999 Constitution he swore to protect.
She, consequently, ordered the CBN, AGF, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
NAN reports that a faction of the Rivers assembly and Mr Martin Amaewhule (the speaker), as the 1st and 2nd plaintiffs, had sued the Central Bank of Nigeria (CBN) and nine others in the suit marked FHC/ABJ/CS/984/24.
The plaintiffs, through their lead counsel, Joseph Daudu, SAN, filed the suit dated 14 July but filed on 15 July.
They listed the CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as the 1st to 4th defendants.
They also joined Gov. Fubara, the Accountant-General of Rivers, Rivers Independent Electoral Commission (RSIEC), Chief Judge of Rivers, Justice S.C. Amadi; the Chairperson of the RSIEC, Adolphus Enebeli, and the Government of Rivers State as the 5th to 10th defendants respectively.
The plaintiffs had sought an order of interlocutory injunction restraining the CBN, the commercial banks, including the AGF from honouring any financial instruction issued by Mr Fubara regarding the state’s funds.
However, the faction of Rivers House of Assembly led by Oko Jumbo challenged the suit and filed a notice of change of counsel on 6 August
The Oko Jumbo-led assembly, loyal to Gov. Fubara, had told the court that Mr Amaewhule was not the lawful speaker of the assembly, since his seat had been declared vacant on 13 December 2023 following his defection from the Peoples Democratic Party to All Progressives Congress.
The faction of the assembly, therefore, told the court that Amaewhule was not authorised to file the instant suit, hence, it had decided to change its counsel.
Justice Abdulmalik, on Friday, dismissed the application for change of counsel after it was moved by Mr Sammie
Somiari, SAN, including other objections raised by the defendants.
Delivering the judgment, Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from Consolidated Revenue and Federation Account was released to the beneficiaries.
The judge said that the action of the 4-member House of Assembly being held on to by governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court and the Court of Appeal both in Abuja.
She held that the judgment of Rivers High Court which gave power to the governor to implement the 2024 Budget had also been set aside by the Court of Appeal.
“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal unlawful and subversion of the 1999 Constitution.
” It is mandatory to present the appropriation bills before the appropriate House of Assembly before legitimate disbursement and withdrawal can be made.
‘In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly.
“Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.
“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate Sections 91 and 96 of the Constitution to implement budget that was not approved by the legislative arm.
” Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed,” she declared.
Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the AGF from permitting the withdrawal or use of the funds from the Consolidated Revenue Account and the Federation Account by Rivers Government until the budget of the state is passed by the appropriate house of assembly.
She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorising the withdrawal of money from the Rivers bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate assembly.
The judge held that the house of assembly under Amaewhule remained the legitimate house of assembly in view of the Federal High Court judgment which nullified and set aside the house of assembly led by Oko Jumbo and was upheld by the Court of Appeal in Abuja.(NAN)
JUDICIARY
Tailor Bags 1 Year in Jail for N900,000 Children’s Wear Theft
A Kaduna Chief Magistrates’ Court, on Wednesday, sentenced a 34-year-old tailor, Blessing Dogo, to one year in the correctional centre for stealing children’s wears worth N900,000.
Chief Magistrate Ibrahim Emmanuel sentenced Dogo after she pleaded guilty to the offence.
Emmanuel, however, gave the convict an option of a N50,000 fine and ordered her to restitute N900,000 to the complainant, Sarah Elisha.
Earlier, the Prosecutor, Insp Chidi Leo, told the court that the complainant, Sarah Elisa, of Ungwan Pama, Kaduna, reported the matter at the Sabon Tasha Police Station on Oct.
21.Leo said that the complainant reported that on the fateful day, the defendant walked into her shop on the pretext of buying an item, but stole children’s wear valued at N900,000.
He said that during the police investigation, the defendant was invited for questioning and admitted to stealing the wears.
However, the prosecutor said that all efforts to recover the clothes from her had proved abortive.
Leo said the offence contravened the Penal Code of Kaduna State, 2017. (NAN)