JUDICIARY
Oyo: Tribunal Affirms PDP Adigun’s Election, Dismisses Lam-Adesina’s Petition
The National and State Assembly Elections Petitions Tribunal, sitting in Iyaganku, Ibadan, on Monday, affirmed the election of Abass Adigun for the Ibadan North East/South East Federal Constituency.
Reports that the tribunal dismissed the petition filed by Adedapo Lam-Adesina of the All Progressives Congress (APC), challenging Adigun’s victory in the February 25 poll.
The tribunal dismissed the petition and awarded N1.
5 millon cost in favour of Adigun (a. k.a. Agboworin) of the Peoples Democratic Party (PDP).A breakdown of the cost showed that Adigun, PDP and the Independent National Electoral Commission (INEC) were awarded N.5 million each.
Lam-Adesina, a former member of the House of Representatives, had approached the tribunal to challenge Adigun’s qualification to contest the election.
He also alleged that Adigun did not win the majority of the lawful votes cast at the election and requested that the Certificate of Return issued to him be withdrawn.
He further asked the tribunal to order the respondent to refund to the House, all the entitlements he had enjoyed.
In the alternative, Lam-Adesina, who claimed that INEC did not conduct the election in substantial compliance with the provisions of the Electoral Act, asked that the February 25 poll and that of the supplementary of April 15 be annulled.
Relying on a report from an online search engine tagged: Spokeo.com, the petitioner alleged that Adigun forged his academic certificates, using different surnames, such as Adigun and Amusat, in his WASC and Diploma Certificate.
He further asserted that the second respondent also held Nigeria and the U.S. citizenship.
Mr Yusuff Ogunrinde, the Consel for Adigun, urged the tribunal to dismiss the petition and affirm Adigun’s victory, saying that all the grounds of the petition were unsubstantiated.
In the one hour, 48 minutes judgment read by Justice Yakubu, the tribunal said it found that the issue of Adigun’s qualification for the election was a pre-election matter and so was not an issue for determination by the tribunal.
On the allegation that Adigun forged his certificates, the tribunal said that the petitioners failed in their evidence because they could not produce the original documents and juxtapose them with those they considered fake.
“Adigun was used 23 times in different documents and Abass and Amusat used 8 times, he was not even criminalised for using the names.
“Use of more than one name is even long settled and no law forbids anybody for using more than one name.
“There was no convincing evidence that the second respondent is not the owner of the names.
“It does not tantamount to forgery.
“To forge is to make another copy of the original, to fabricate or deceive.
“The petitioners did not present the original and the forged copies of the said documents,” the Judge said.
On the allegation of dual citizenship, the judge cited section 134 (1)(a) of the Evidence Act, saying, “I have looked through the evidence, I could not see anywhere the respondent’s place of birth is proved not to be Ibadan.
“Can he then be said not to be a Nigerian citizen?
“It is not a ground for disqualification.
“I am of the view that any other interpretation aside what is contained in the Constitution does not hold water,” the tribinal said.
It further resolved that Adigun is a Nigerian by birth and that acquiring the U.S. citizenship “does not extinguish the fact that he is a Nigerian by birth.
“I therefore cannot agree that the second respondent should be disqualified on the ground of dual citizenship.
“INEC cleared the second respondent through his credentials.
“There was no evidence adduced that he is not the owner of the certificates presented.
“The first petitioner even said in his evidence that he does not know anything about spokeo,” the judge said.
The tribunal, therefore, dismissed the petition as baseless and lacking in merit.
Accordingly, it ruled that “the election that produced the second respondent is hereby affirmed and the petition is dismissed”. (NAN)
JUDICIARY
Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23
A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.
“We have already called the parties on phone to inform them of the development. A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)JUDICIARY
Poultry Farm Manager Faces N160,000 Fraud Charge
A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.
00 p. m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)JUDICIARY
Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl
A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.
He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice. Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)