JUDICIARY
Melaye: Appeal Court Reserves Judgment in Senatorial Dispute Suit
The Court of Appeal in Abuja on Tuesday, reserved judgment in three separate appeals filed by Sen. Dino Melaye challenging his election victory that was quashed in August by the National Assembly election petitionS tribunal.
The three appeals were filed by the PDP and Melaye, praying the appellate court to set aside the majority decision of the tribunal which voided the election of Melaye of Kogi West Senatorial District.
Justice Abubakar Datti Yahaya, who presided over the three appeals announced that a date for judgment delivery would be communicated to parties as soon as it is fixed.
PDP, represented by Jubrin Okutepa, SAN, in his final argument prayed the appeal court to set aside the majority decision of the tribunal against Melaye on the ground of denial of fair hearing and refusal to evaluate evidence adduced during the hearing.
The party claimed that the tribunal failed to evaluate the testimonies of its witnesses while no reference was made to all the documentary evidence it supplied before the tribunal came to a wrong conclusion of over voting, even when the petitioner did not tender voter register.
PDP further claimed that the tribunal turned the head of natural justice upside down when it based over voting used in cancelling the senatorial election on the number of collected permanent voter cards rather than voter register as required by law.
PDP therefore urged the three-man panel of justices to invoke section 16 of the Court of Appeal Act and dismiss the petition for lacking in merit.
In the second appeal filed by INEC, through its lawyer, Kola Olowookere, the Appeal Court was urged to dismiss the allegation of mutilation of election result and favouring a particular candidate as alleged by the petitioner, Senator Smart Adeyemi and the All Progressives Congress APC.
The electoral body argued that finding of over voting by the tribunal was wrong and baseless because the voter register and result of election in 2015 tallied with the result in the disputed area.
INEC alleged that the tribunal did not evaluate the exhibits it tendered to prove that there was no over voting and pleaded that appeal be allowed.
The third appeal filed by Dino Melaye and argued by Dr. Onyechi Ikpeazu, SAN, urged the Appeal Court to set aside the over voting decision of the tribunal because it was based on hearsay instead of polling units agents’ results
The senior counsel, drew the attention of the Justices to the fact that only three witnesses were called, adding that the evidence of the three witnesses based on hearsay cannot justify the cancellation of the senatorial election.
Melaye’s counsel further submitted that mutilation of result sheet was untenable because the final result of the senatorial election was endorsed by agents of the candidates and the parties, and that the petitioners failed to establish that the alleged mutilated result substantially affected the final result collation.
However, Sen. Smart Adeyemi and the All Progressives Congress (APC) opposed the arguments of the appellants and pleaded with the appellate court to dismiss the three appeals because appellants were not denied fair hearing and that the tribunal based its findings on over voting on the report of INEC which comprehensively contained the number of collected voter cards unit by unit.
Adeyemi and APC through their counsel, Adekunle Otitoju, argued that INEC breached an order of the federal high court to the effect that the senatorial election result must be collated and announced in Kabba, the senatorial district headquarters and not in Lokoja as done by the electoral body.
They alleged that while their agents were in Kabba waiting for the collation, the INEC officials and agents of the appellants allegedly colluded and secretly moved the result collation to Lokoja where the result sheets were allegedly mutilated to favour Melaye.
They also insisted that mutilation of results, dated Feb. 25 instead of Feb.23, was so apparent and that over voting was so established to the tune of over 48,000 votes.
They therefore urged the court to dismiss the appeals and uphold the majority decision of the tribunal. (NAN)
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.
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). 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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