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JUDICIARY

Melaye: Appeal Court Reserves Judgment in Senatorial Dispute Suit

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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)

JUDICIARY

Man Seeks Divorce After 17 years, Citing Loveless Marriage

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 One Moshood Kolobo of Temidire Community, Oko-Olowo area, Ilorin, on Wednesday applied to the Area Court, Centre-Igboro, for the dissolution of his marriage to his wife, Hafsat Kolobo, citing lack of love.

Moshood told the court that he was no longer interested in the 17-year Islamic union, saying that the marriage lacked love and emotional connection.

He therefore urged the court to grant his request for a divorce.

The defendant (Hafsat) pleaded with the court to give her two weeks, saying, “I was just called and informed to appear in court today without knowing the details.

“This is shocking, after 17 years and five children. I am asking the court to give me two weeks.

The Presiding Judge, Mr Toyin Aluko, adjourned the case until June 23 for further mention. (NAN)

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CRIME

Man Remanded for Allegedly Raping Physically Challenged Teen

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An Ikorodu Chief Magistrates’ Court on Wednesday remanded a 50-year-old man, Linus Anozie, in a correctional center for allegedly engaging in anal intercourse with an 18-year-old physically challenged person.

Anozie, whose address was not provided, is standing trial on a one-count charge of sexual assault.

The Chief Magistrate, Mr B.

A. Sonuga did not take the defendant’s plea.

He remanded him in a correctional facility and ordered that the file be sent to the office of the Lagos State Director of Public Prosecutions (DPP) for legal advice.

Sonuga adjourned the case until July 31, pending legal advice.

Earlier, the prosecutor, ASP Aminu Isaac, told the court that the defendant committed the offence on June 9 at about 11.

00 a.m. at Ogunlana Estate, Akin Ogunlewe Street, in the Igbogbo area of Ikorodu.

He told the court that the defendant unlawfully had anal intercourse with an 18-year-old physically challenged man (name withheld), without his consent.

According to the prosecutor, the offence contravene the provisions of Section 261 of the Criminal Law of Lagos State, 2015. (NAN)

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JUDICIARY

Police Arraign Man Over Alleged Assault 

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 The Police in Lagos on Wednesday arraigned a 36-year-old man, Joseph Obuseh, in a Badagry Chief Magistrates` Court for allegedly assaulting a man by cutting his forehead with a cutlass.

The defendant, whose address is unknown, is being charged with assault; however pleaded not guilty to the charge.

The prosecutor, Insp Ayodele Adeosun told the Court that the defendant committed the offence on Feb.

22, at about 11.
00.a.m, at No. 24, James Arigbabuwo Str., Igbekele, Morogbo, Badagry, Lagos.

Adeosun alleged that the defendant unlawfully assaulted Imonigia Ameem by using a cutlass to cut his forehead, which caused him bodily harm.

“He ran away for two months after the incident but was arrested and handed over to the Police for prosecution.

“The offence contravened Section 173 of the Criminal Laws of Lagos, 2015,” he said.

The Chief Magistrate, Mr Patrick Adekomaiya, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.

He said one of the sureties must be gainfully employed.

Adekomaiya adjourned the case until July 15, for mention. (NAN) 

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