JUDICIARY
Lawyers Oppose Legislative proposal Stopping Courts Declaring Election petitions’ Winners
Some Lagos-based lawyers on Wednesday expressed their opposition to a legislative proposal that would prevent the courts from declaring the winners of election petitions in the country.
The proposal advocated for the courts to order a rerun so that the ballot papers could be the determinant of a winner.
In separate interviews in Lagos, the lawyers said such legislation could breed chaos and lead to election petitions going on in perpetuity.
NAN reports that a former President of Nigeria had at a media briefing on April 12, made the proposal as an opinion.
Mr Adenrele Adegborioye, Senior Partner at BA LAW, said that courts could only declare for a rerun if it made a finding that no clear winner emerged from the election.
“If the proposal is allowed, it means litigants in election petition will continually go to court in perpetuity without a winner emerging from the litigation.
“Until the court declares the winner, there may be chaos and confusion in the society,” Adegborioye said.
Mr Bayo Akinlade, former Chairman Nigeria Bar Association, Ikorodu Branch, said “it is an interesting argument but it’s neither here nor there.
“The court simply interprets what the law demands, as regards the voting process and procedures.
“If a court declares a winner, it is merely declaring the legal outcome of a voting process”.
According to Mr Chris Ayiyi, Principal Partner, Ayiyi Chambers, Apapa, the cost of organising an election is high, therefore, if a court declares a winner in an election petition, it will reduce cost.
“There is a time frame for a court to conclude processes in election petitions; therefore, this proposal cannot hold.
“However, we have some judgments of courts that ordered for rerun and judgments that declared an outright winner in an election.
“Let the law continue as it were,” Ayiyi said. (NAN)
JUDICIARY
Kano High Court Affirms Ganduje’s Suspension
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
JUDICIARY
Businessman Jailed 1 Year for Stealing Car Gearbox
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
JUDICIARY
Security Guard Jailed 3 Months for Stealing 25 Litres of Diesel
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)