Connect with us

JUDICIARY

Parties Adopt Final Adresses as Kano Tribunal Reserves Judgment

Published

on

Federal High Courts
Share

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.

See also  Anambra Governorship Election Petitions Tribunal Relocates to Ilorin

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.

See also  Tribunal Dismisses Atiku's Petition Against Buhari

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.

See also  Benue Tribunal Reaffirms Ortom's Governorship Victory

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

COVER

Justice Ariwoola Becomes Third CJN in 7 Years

Published

on

Share

By Eze Okechukwu and Mathew Dadiya Abuja


President Muhammad Buhari yesterday at the Council Chambers of the State House, Abuja swore in Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria, to replace Bauchi-born Justice Tanko Mohammad who resigned from the position early yesterday on health grounds. 

By the swearing in Chief Justice Ariwoola, who hails from Iseyin District of Oyo State becomes the third CJN in the seven years of President Buhari administration cumulatively in both in acting and substantive capacities.

In March 2017, Professor Yemi Osibanjo in his capacity as Acting President  nominated Justice Walter Onnoghen as the Chief Justice of Nigeria to replace Justice Mahmud Mohammed. And in January 2019, Justice Onnoghen was suspended for alleged false asset declaration, paving the way for Justice Tanko Mohammad.
 

Justice Ariwoola, born on August 22,1958 started out at the Local Authority Demonstration School, Oluwole in Iseyin Local Government Area of Oyo State between 1959 – 67. Afterwards, he proceeded to the Muslim Modern School in Iseyin between 1968-69, before going to Ansar – Ud – Deen High School, Saki in Oyo North District of Oyo State. 

He studied Law at the then University of Ife, now Obafemi Awolowo University, Ile Ife, Osun State where he bagged his bachelor of law’s degree with honours in July 1980. In July 1981, Ariwoola was called to the Nigeria Bar and he got enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate soon after. The jurist served as a Justice of the Court of Appeal between 2005 -2011 in Kaduna, Enugu and Lagos divisions within the period. He was also a judge of the High Court of Oyo State, a position he was appointed to in 1992 from private legal practice.

See also  Tribunal Dismisses Atiku's Petition Against Buhari

Justice Ariwoola was the next most senior among the Supreme Court justices after the voluntarily retiring Justice Mohammad. Observers had watched out if the administration of President Buhari would flout orderly procedure in the appointment of Justice Mohammad’s replacement.
Former senator representing Kaduna Central Senatorial District, Senator Shehu Sani had urged the government not to cut corners “in order to find a person who will fit into the political, sectional, religious or ethnic peg of the ruling establishment” but rather do the needful by following the established order for such appointments by the Apex Court. 

Though the resignation of Justice Mohammad has been put down to Ill health, it’s in the public glare that crisis of monumental proportion has bedeviled the Supreme Court for a while now, leading to an allegation of corruption by 14 Justices of the Supreme Court against him. The allegations, which the justices conveyed in writing to Justice Mohammad  captured non replacement of run down vehicles, accomodation challenges, epileptic power supply to the Supreme Court, lack of drugs at the Supreme Court clinic, increase in the electricity tariff, non- increase in the allowance for diesel, lack of internet services to residences and chambers.

But in a swift response to the allegations, Justice Mohammad through his media aide, Mr. Ahuraka Isah berated the fueding justices for taking the issue to the public realm; an action he likened to “dancing naked in the market square”. His spokesman would later advise the public that there’s no hostility or ill feelings among the justices of the Apex Court, adding that Justice Mohammad had held a meeting with the aggrieved justices to assuage their grievances. 

See also  Benue Tribunal Orders Rerun Polls in Gboko West State Constituency

Meanwhile, prior to the climax of the feud, Justice Ejembi Eko who retired from the Supreme Court on May 23,2022 had called on the Independent Corrupt Practices and other Related Offences Commission, ICPC and other investigative agencies in the country to probe and expose what he described as internal fraud in the management of the budgetary resources of the judiciary. 

” The vandalization of the judiciary budget, despite increase of the budgetary allocation calls for investigations by the ICPC and other investigatory sgencies, “he said. 

Similarly, Justice Walter Onnoghen who was forced out  out of office by the President Buhari administration in 2019 and replaced with Justice  Mohammad had at a book launch on June 16,2022 warned that the Supreme Court was gradually turning to “a glorified High Court”, owing to the ill treatment of the justices. 

DAILY ASSET recalls that in a bid to restore calm and order at the Supreme Court,both the Body of Benchers and the Nigeria Senate, through the Committee on Judiciary, Human Rights and Legal Matters,as mandated by the Senate President, Ahmed Lawan waded into the crisis “to as a matter of urgency intervene and bring normalcy to the troubled Apex Court. 

Continue Reading

JUDICIARY

CJN Tanko Mohammed Resigns

Published

on

Share

Mohammed resigned in a letter to President Muhammadu Buhari.

Buhari swore in Mohammed as the acting CJN in January 2019 following the suspension and later sack of former CJN Walter Onnoghen.

CJN’s Special Assistant on Media, Isah Ahuraka, confirmed his resignation to the News Agency of Nigeria.

Justice Olukayode Ariwoola is the next most senior judge to Justice Mohammed following Justice Mary Odili retired on May 12 after attaining the retirement age of 70.

Mohammed’s resignation comes amid the corruption allegations leveled against him by some Supreme Court judges.

Fourteen Supreme Court judges in a protest memo accused Mohammed of not giving justices their legitimate entitlements.

The justices said their annual foreign training, meant to enhance capacity building for the country’s judicial process, had been blocked by Muhammad.

The main issues put forward by the justices in their letter through a welfare committee were; non-replacement of poor vehicles; accommodation problem; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel; lack of internet services to residences and chambers.

In response, Mohammed told the judges that the Supreme Court was cash-strapped and cannot grant their requests.

See also  Plateau Tribunal Dismisses PDP's Petition, Declares Lalong Winner

CJN noted that the Supreme Court, like any other establishment in the country, has been hit by a devastating economic crunch.

As a result, he said the leadership of the court under him could no longer meet some of its obligations to Justices, especially in the area of welfare.

He, however, said that the memo sent to him by the aggrieved Justices, notwithstanding, there is no rift between him and Justices of the apex court.

Continue Reading

COVER

Reps Hail Supreme Court Judgment on Electoral Act

Published

on

Share

The House of Representatives has hailed the Supreme Court judgement which struck out the suit by President Muhammadu Buhari and the Minister of Justice and Attorney General of the Federation, Mr Abubakar Malami seeking to void the provision of Section 84 (12) of the Electoral Amendment Act 2022.


Benjamin Kalu, the Spokesperson of the House gave the commendation while speaking with the News Agency of Nigeria (NAN) on Friday in Abuja.


The Supreme Court on June 24, ruled that the President lacked the power to direct the National Assembly to amend or enact an Act, adding that it violated the principle of separation of power.


According to the judgement, there is no part of the Constitution that makes the exercise of legislative power subject to the directive of the President.
Kalu l said that the House of Reps was happy with the Supreme Court judgement, adding that the House was not expecting anything less because the judges were erudite scholars.


“These are people who have followed the trend of event and understand the separation of power and the mandate of each arms of government.
“They understand that the separation of power is one of the tools of democracy and each arms focuses on the responsibilities of their mandate,” he said.
He said that the mandate of the House was law making with the intention of breaching a gap created in the Constitution of the Federal Republic of Nigeria that was not captured.

See also  Fraudster Bags Jail Term for Love Scam in Makurdi


He said that the House of Reps could only do this by looking at Section 84 (12) of the Electoral Amendment Act.


“Although, many of you thought that it was either self-serving or targeted at individual but the law is made to advance our democracy, especially to increase the competitive elements in our democracy for credible election.’’
He added that the competitive element was necessary to advance the country’s democracy.


“This judgement is unequivocally embracing and heart-warming, it not a victory for the House of Reps but victory for the advancement of our democracy and the rule of law.


He described the judgement as victory for the supremacy of law making and the National Assembly.


“Let us celebrate this victory, the judiciary has added its own quota to the advancement of democracy, the Electoral Act, nation building is a joint task,” he said (NAN)

Continue Reading

Email Subscription

Name *

Email *

Top Stories

United Nations Children’s Fund (UNICEF) United Nations Children’s Fund (UNICEF)
Education12 hours ago

 UNICEF Reveals 226,000 Grave Violations Against Children

Share Post Views: 37 By Evelyn Terseer, Abuja.  Between 2005 and 2020, the United Nations verified over 266,000 grave violations...

Foreign News14 hours ago

Biden Announces Expansion of U.S. Military Presence in Europe

Share Post Views: 39 The U.S. military presence in Europe is set for a long-term expansion, U.S. President Joe Biden...

NEWS14 hours ago

Breaking: Reps Raise Crack Team to Probe Oil Subsidy Regime Under Buhari

Share Post Views: 36 By Ubong Ukpong, Abuja The House of Representatives yesterday, raised a crack adhoc committee, to Probe...

Foreign News15 hours ago

Senate Wades into Ewkeremadu Saga, Sends Delegation to London

Share Post Views: 48 President of the Senate, Ahmad Lawan, has disclosed that a delegation from its Committee on Foreign...

POLITICS17 hours ago

Tinubu Doesn’t Need to Resubmit Certificates – Uzodinma

Share Post Views: 49 Governor Hope Uzodinma of Imo state has taken a swipe at Nigerians for raising what he...

International Federation of Association Football (Fédération Internationale de Football Association) International Federation of Association Football (Fédération Internationale de Football Association)
SPORTS17 hours ago

FIFA Emerges Best Global Sports Federation on Governance Standards

Share Post Views: 40 By Eze Okechukwu, Abuja FIFA has been rated among the international sporting federations with the best...

Oil & Gas17 hours ago

Wabote Tasks Security Agencies on Enforcement of Nigerian Content in Oil and Gas Sector

Share Post Views: 35 From Tayese Mike, Yenagoa The Nigerian Content Development and Monitoring Board (NCDMB) has tasked security agencies...

Metro17 hours ago

Tricycle Riders Grounds Commercial Activities in Yola

Share Post Views: 34 From Yagana Muhammad, Yola Commercial activities were Tuesday morning grounded in Jimeta, the commercial Headquarters of...

Foreign News17 hours ago

Reps Urge Foreign Affairs Ministry to Provide Ekweremdu with Consular Support

Share Post Views: 35 The House of Representatives has urged the Federal Ministry of Foreign Affairs and Nigeria’s High Commission...

INEC makes U-turn, admits ownership of server INEC makes U-turn, admits ownership of server
NEWS17 hours ago

Over 1milliom Old PVCs, 28,000 New Ones Uncollected in Lagos — INEC

Share Post Views: 40 The Independent National Electoral Commission (INEC) in Lagos State, has revealed that a total of 1,091,157...

Copyright © 2021 Daily Asset Limited | Powered by ObajeSoft Inc