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JUDICIARY

Parties Adopt Final Adresses as Kano Tribunal Reserves Judgment

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Federal High Courts
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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

JUDICIARY

Kano High Court Affirms Ganduje’s Suspension

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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)

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JUDICIARY

Businessman Jailed 1 Year for Stealing Car Gearbox

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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)

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JUDICIARY

Security Guard Jailed 3 Months for Stealing 25 Litres of Diesel

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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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)

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