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JUDICIARY

Lagos Governorship Election: Appeal Court Reserves Judgement

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The State and National Appeal Court sitting in Lagos on Tuesday reserved ruling in the appeal filed by the Labour Party and the Peoples Democratic party (PDP) against the re-election of Gov. Babajide Sanwo-Olu.

The Labour Party candidate, Mr Gbadebo Rhodes-Vivour and Mr Abdulazeez Adediran of PDP, are challenging the Sept.

25, ruling of the election tribunal which upheld the March 18, re-election of Sanwo-Olu.

At the hearing of the appeal on Tuesday, the Lead Justice, Yargata Nimpar, reserved ruling after listening to the argument of the parties.

Nimpar said the date for judgement would be communicated to the parties.

Earlier, Counsel to Labour Party, Mr Benson Olagbade, urged the court to allow the appeal and set aside the decision of the tribunal.

According to him, the tribunal erred in law when it held that the burden of proof of specific oath of allegiance subscribed to by Hamzat, as well as the evidence of his renounced citizenship rests on the appellant.

He urged the court to interprete Section 182 (1) (a) of the Constitution regarding the disqualification of Sanwo-Olu and his deputy, Dr Kadiri Hamzat.

“We invite this court to give full interpretation of the law to this matter.

“It does not matter whose ox is gored,” Olagbade said.

Responding, Mr Wole Olanipeku (SAN), counsel to Sanwo-Olu and his deputy, Hamzat, urged the court to dismiss the appeal.

He said the dual citizenship argued by the appellant was never brought before the tribunal.

“They are now presenting a case of dual citizenship, they believe that this is a trial court.

“The tribunal found out that the purported oath of allegiance to a foreign country was not before it so it ruled it out.

“We urge your Lordship to dismiss this appeal,” Olanipekun said.

In the second case, PDP, filed its own appeal asking for disqualification of Sanwo-Olu’s re-election.

He also faulted the tribunal for striking out his petition against Rhodes-Vivour, the candidate of the Labour Party in the election.

Adediran and his political party (PDP) reiterated that their petitions, asking for the disqualification of APC and Labour Party candidates, were premised on the provision of Section 177(c) and 182(1)(j) of the constitution.

He said the Sections were constitutional grounds for qualification and disqualification for the office of Governor in Nigeria and supported by section 134(1) and 134(3) of the Electoral Act 2022.

Counsel to Sanwo-Olu and his deputy, Olanipekun submitted that the reliefs sought by the appellants were such that they must succeed on the strength of their petition and not on the weakness of the respondents.

He argued that the appellants did not prove anything before the lower tribunal and no burden shifted to the respondents to disprove any fact.

“In the instant case, the petitioner tendered the alleged false document (Exhibit P36) from the bar, the petitioners could not produce before the court the original document from which exhibit P36 was counterfeit.

“It is trite law that where oral evidence and documentary evidence tendered by a party in proof of a fact says different, that party cannot be said to have led credible and cogent evidence in proof of that fact,” Olanipekun argued. (NAN)

JUDICIARY

Court Strikes Ex-Kogi Governor’s Bail Application

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Kogi Governor Yahaya Bello
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Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).

The application was filed on Nov.
22, while the former governor was taken into custody of the anti-graft agency on Nov.
26 and arraigned on Nov. 27.(NAN)

Details later….

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JUDICIARY

5 Men Face N25m Worth of Milo Products Theft Charge

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.

The prosecutor, Insp E.
O.Adaraloye, told the court that the defendants committed the offences on Oct.
13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.
The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)

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JUDICIARY

Court Grants Mother Custody of 2 Children 

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A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.

The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.

Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.

He said that the children would spend first and third term holidays with their father and second term holidays with their mother.

The judge said the father could pick his children up every weekend for outings within 10a.m to 6.

pm from the mother and notify her before hand.

He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.

Sabo ordered Bashir  to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..

Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.

Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.

She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.

Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.

“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)

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