JUDICIARY
Parties Adopt Final Adresses as Kano Tribunal Reserves Judgment
From Abdulgafar Oladimeji, Kano
The petitioners and respondents in the legal tussle over the 2019 governorship elections in Kano state on Wednesday, adopted their final defense before the gubernatorial Election Tribunal presided by Justice Halima Shamaki sittiing at Miller road Court complex.
Abba Kabiru Yusuf(1st petitioner) alongside Peoples Democratic party(PDP)(2nd petitioner) had dragged Independent National Electoral Commission(INEC) (1st respondent)Abdullahi Umar Ganduje(2nd respondent) All Progressives Congress(APC)(3rd respondent) challenging the declaration of Ganduje as the winner of Kano governorship election.
The respondents in their final written addresses urged the court to dismiss the pleadings made by the petitioners, stating that the petitioners have failed to discharge the burden on proof.
The respondents further urged the court that the exhibits that were tendered from the bar by the petitioners were not Certified True Copies (CTC) therefore prayed the tribunal to dismiss the petition. In its entirety.
Counsel to the 1st respondent(INEC) Ahmed Raji(SAN) told the court that the issues raised by the petitioners were bankrupt in merit and argued that the petition lacked the fertility of life.
Raji(SAN) submitted that , Abba Kabiru failed to produce direct evidence to substantiate his claims that INEC wrongfully declared his opponent, Abdullahi Umar Ganduje as the winner of the poll, arguing that the electoral act was strict on the petitioners appealing to the tribunal to on this grounds dismiss the petition.
Abdullahi Umar Ganduje(2nd respondent) responding to the petition filed against his gubernatorial victory before the tribunal said the petitioners failed to produce results that were contrary to that which was declared by INEC.
Ganduje through his counsel, Offiong Offiong(SAN) submitted that, Abba Kabiru invoked presumptions in attempt to prove to the court that he was duly elected as Kano state governor, praying the court to dismiss the claims made by the petitioners.
The 3rd respondent, All progressive Congress, APC also in its defense told the tribunal that the petitioners in their claims made an unlawful translation of the provisions of the law.
The respondents through its counsel Alex Iziyon(SAN) further said the petitioners failed to tender voters register that indicate the number of voters, who voted and number of votes scored to substantiate their claim as winners of the elections.
According to him, INEC posses the inherent jurisdiction to cancel elections and proceed to order for a rerun, arguing that on March 9th 2019 INEC acted rightly by declaring the Kano state governorship election as inconclusive.
Iziyon(SAN) further argued that the petitioners in their claims to election victory acted in contrast to the provisions of the law by presenting Pink Copies result sheets, explaining that jurisprudence has transited from submission of Pink Copies to another stage, on this ground he pray the court to dismiss the petition and uphold the emergence of All Progressive Congress, APC and its candidate Abdullahi Umar Ganduje as winner of the election.
Responding to the submissions made by the respondent, counsel to the petitioners, Kanu Agabi(SAN) urged the court to ignore the response from the respondents on the issues raised.
Agabi(SAN) said on the 9th of March 2019 elections were held and results were announced, adding that Abba Kabiru Yusuf of the PDP scored the highest number of votes unfortunately INEC refused to declare PDP as the winner of that election.
He argued that the rerun election held on the March 23 was null and void, stressing that therefore the results from the rerun, which declared Abdullahi Umar Ganduje as duly elected Kano state governor was null and void, that the court should declare the results of March 9, 2019 as the valid results and return PDP and its candidate, Abba Kabiru Yusuf as the winner of the election, urging the tribunal to so hold.
DAILY ASSET observed that anxiety, apprehension and palpable fears have enveloped the ancient city of Kano as residents are gripped under the fear of the likely outcome of the legal battle between both political giants.
It would be recalled that at the height of the court proceedings, the chairman of the tribunal Justice Halima Shamaki reacting to the tense atmosphere that had trailed the proceeding threatened to relocate the tribunal from Kano to Abuja.
Throughout the proceedings, heavily armed security operatives were stationed at strategic positions as they disallowed hundreds of party faithful who were usually eager to gain entrance into the court complex to witness the epic legal battle.
In her ruling, Justice Shamaki said the tribunal would communicate to the parties, concerned the date that the final judgment would be delivered
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.
30 p. m. in the Dugbe area of Ibadan.According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.30 p.m. in the Dugbe area of Ibadan.
According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 40 – year old prostitute, Adeosun Adepeju was on Tuesday arraigned before an Iyaganku Chief Magistrates’ Court for allegedly stabbing her colleague in the stomach during work period.
Adepeju of undisclosed address was standing trial on a count charge bordering on assault.
She pleaded not guilty to the charge.
The Prosecuting Counsel, Cpl.
Helen Ojo told the court that Adepeju on May 21, at about 12:30 a.m., at Ring road area, Ibadan, stabbed her colleague, Stella Mago with scissors in her stomach.Ojo said that the stabbing caused the complainant bodily harm.
She added that the offence contravened Section 335 of the Criminal Code Laws of Oyo State 2000.
The Magistrate, Mrs M. M. Olagbenro admitted the defendant to bail in the sum of N300, 000 with two sureties in like sum.
Olagbenro adjourned the matter until May 30, for hearing. (NAN)
The seventh prosecution witness, Mr John Adetola, told an Ikeja High Court that he did not document the alleged $400,000 he handed to the former Central Bank Governor (CBN), Godwin Emefiele.
Adetola, an executive assistant to the former CBN governor, said this on Monday while being cross-examined by Emefiele’s lead counsel, Mr Olalekan Ojo (SAN), in the ongoing trial of Emefiele.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands.
Emefiele’s co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
Adetola, also admitted that he did not present any WhatsApp chat or telephone conversation to the Economic and Financial Crimes Commission (EFCC), informing Emefiele about collecting the $400,000 on his behalf.
The News Agency of Nigeria (NAN) reports that Adetola had, in his evidence-in-chief testified that he delivered $400,000 to Emefiele.
However, under cross-examination, Adetola admitted that he did not keep any record of the alleged $400,000 receipt.
He narrated that in 2018, Mr Eric Odoh sent him a WhatsApp message instructing him to collect the sum from one John Ayoh and hand it over to Emefiele when he arrived in Lagos.
“I went to John Ayoh’s house at Lekki; he gave me an envelope. I came back to the office and gave it to the former CBN governor,” the witness said.
The witness also told the court that in his extrajudicial statement, made while in EFCC custody, he did not mention any WhatsApp or telephone conversation with Emefiele regarding the $400,000.
Adetola denied any agreement with the EFCC to testify against Emefiele in exchange for immunity from prosecution.
He added that the EFCC confronted him with WhatsApp printouts related to the alleged money.
While being cross-examined by Mr Adeyinka Kotoye (SAN), counsel to the second defendant, the witness confirmed he had no dealings with the second defendant in relation to his testimony.
During re-examination by EFCC counsel, Rotimi Oyedepo (SAN), the witness was asked why he did not document the $400,000 he allegedly collected on Emefiele’s behalf.
“I didn’t see any need for it,” he replied.
Justice Rahman Oshodi thereafter discharged the witness and adjourned the case until May 27 for continuation of trial. (NAN)
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