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JUDICIARY

PDP Reserves Right to Suspend, Expel You, Court Tells Wike

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A Federal High Court in Abuja on Wednesday told the immediate past governor of Rivers state, Barr. Nyesom Wike, that the Peoples Democratic Party (PDP) has the right to suspend or expel him if the action is done in accordance with the law.

Justice James Omotosho stated this in a judgement he delivered on a suit filed by Wike prior to the 2023 general elections to seek a court order to stop the PDP from taking action against him without a fair hearing.

The former governor had sued the PDP, its National Working Committee (NWC), and its National Executive Committee (NEC) as 1st to 3rd respondents.

Wike, in the suit (FHC/ABJ/CS/139/2023) dated and filed Feb. 2 by his lawyer, Joshua Musa, SAN, also joined the National Chairman of PDP, Dr.

Iyorchia Ayu, National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) as 4th to 6th respondents, respectively.

He had prayed for an order directing all parties to maintain the status quo and stay all actions in the matter relating to the threat to suspend or expel him by the 1st to 5th respondents pending the hearing and determination of the originating motion.

Wike asked the court to enforce his fundamental right to freedom of association, which he alleged was about to be breached by the defendants.

However, the PDP through its lawyer, Johnson Usman, SAN, disagreed with Wike’s submission.

Usman argued that the case was only based on speculation, as Wike had failed to provide any evidence to substantiate that the respondents intended to suspend or expel him from the party.

He said the party had not contemplated suspending or expelling members of the G5 Governors or the Integrity Group, despite engaging in anti-party activities.

Usman said Wike and four other governors engaged in anti-party activities by forming the Integrity Group and campaigning for another presidential candidate in the Feb. 25 election.

The senior lawyer argued that a member who voluntarily joined an association must abide by its rules.

Usman, who argued that the ex-governor must have exhausted the internal mechanisms of the party first, said the court lacked the jurisdiction to entertain the matter, which, he said, was only within the realm of conjuncture.

He further argued that it was not enough for Wike to institute the suit on fundamental rights enforcement grounds.

Justice Omotosho had, on Feb. 2, given an interim order against the party and others listed in the face of Wike’s ex-parte motion.

The judge, who extended the restraining order on Feb. 14, held that all parties should maintain a status quo pending the hearing and determination of the suit.

Delivering judgement on Wednesday, Justice Omotosho said the court had considered the processes filed by parties and the arguments of counsel.

He held that suspending or expelling the applicant without affording him the right to defend himself would breach his fundamental rights as enshrined in the party’s and Nigeria’s constitutions.

Omotosho said that though the party had the right to suspend or expel its members, this must be done in compliance with its own laws.

The judge said that though Section 46(1) of the law vested jurisdiction on the court if one’s rights had been breached, he said the court would not dabble into the internal affairs of any political party, except where the rights of a member had been violated by the party without recourse to its own laws.

According to him, fundamental human rights are rights enshrined in the Constitution of Nigeria and are sacrosanct.

“Where this right ought to be enforced, the court will do everything within its reach to ensure this. However, as fundamental and sacrosanct these rights are, they are not absolute,” he said.

Justice Omotosho, therefore, agreed that any member of a political party who appeared before a disciplinary committee should be given the opportunity to defend himself.

“If not, any decision taken shall be null and void,” he said.

“This court is convinced that the applicant is entitled to a fair hearing and that the respondent also has the right to discipline its members in accordance with the law,” he added.

The judge further said that Wike had the right to associate and that the threat to dismiss him without inviting him to defend himself contravened Article 57 (1) (2) of the party.

He said that the party’s national chairman, Dr. Iyorchia Ayu, and his agents were bound to promote constitutional democracy.

CRIME

Music Teacher Bags Life Imprisonment For Defiling 9-year-old Pupil

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  An Ikeja Sexual Offences and Domestic Violence Court on Wednesday sentenced a 35-year-old music teacher and counselor, Anthony Okeh, to life imprisonment for defiling a nine-year-old, JSS 1 pupil name withheld)

That Justice Abiola Soladoye in her judgment held that the prosecution had successfully discharged the burden of proof of the charge of defilement against Okeh.

According to her, Okeh is a pathological liar, soulless man without any iota of shame, and everything a teacher should not be for having unlawful sexual intercourse with his pupil.

Soladoye said the case was a direct evidence as the survivor was in court to narrate her sexual ordeals in the hands of the music teacher; a sexual predator.

She added that the evidence of the survivor was lucid, cogent, unequivocal and compelling and the denial of the convict did not hold waters.

“To the mind of this court, the denial of the convict is a form to distance himself from the crime.

“The convict is a pathological liar whose evidence is an after thought and I do not believe him at all.

“I do not believe the other three defence witnesses as well, because their evidences were devoid of truth and they were tainted witnesses.

“Cases are not won on the number of witnesses presented to testify before the court but on the quality of evidence adduced that are credible, convincing and compelling,” the judge said.

The judge added that the survivor in her testimony had narrated how the convict called her upstairs into the music room, where he showed her different nude pictures, claimed to be a cultist and threatened to kill her if she ever told anyone.

“The survivor recognised the man in the box as her music teacher who defiled her more than two times in the music room.

“The testimony of the Investigative Police Officer (IPO) is corroborated by the testimony of the survivor when she said that the mother of the girl noticed her reluctance to go to school and she later confessed to her mother what the convict had been doing to her.

“The IPO said that the mother of the survivor (nominal complainant) reported the case to the police.

“Statement of the nominal complainant was admitted into evidence,” Soladoye added.

She therefore convicted Okeh of the one-count charge of defilement and consequently sentenced him to life imprisonment.

Soladoye also ordered that the convict’s name be registered in the Lagos State Sexual Offences Register.

She also called on school proprietors and proprietress to recruit teachers with high moral standards to teach in their schools so as to avoid dent on their institutions.

“All stakeholders in the administration of criminal justice must form a strong collaboration in combating sexual violence offences so as to protect the dignity, mental health, physical and psychological trauma of survivors in such cases,” she said.

The State Counsel, Miss Abimbola Abolade presented two witnesses; the survivor and an investigative police officer while the Defence called four witnesses.

Abolade told the court that the convict committed the offence on Sept. 6, 2022 at Lachez O International School, Agege, Lagos.

The prosecution submitted that the convict had unlawful sexual intercourse with the minor by penetrating her vagina with his penis.

According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of Lagos State, 2015. (NAN)

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CRIME

Court Remands Man For Allegedly Killing His Father

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 An Iyaganku Magistrates’ Court in Ibadan on Wednesday, ordered that a 27-year-old man, Musa Lamidi should be remanded in a correctional facility for allegedly killing his father, Rufai,

The police charged Lamidi, whose address was not provided with murder.

The Magistrate, Mr Olaolu Olanipekun did not take the plea of Lamidi for want in jurisdiction.

He directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice.

He adjourned the case until July 10, for mention.

The Prosecutor, ASP Musbau Lawal, told the court that Lamidi committed the offence on May 11, at about 11 p.m, at Eruwa, Oyo State.

He alleged that Lamidi hit his father with a stick on the forehead, which caused his death.

He said the offence contravened the provisions of Section 319 of the Criminal Laws of Oyo State, 2000. (NAN)

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JUDICIARY

Teenager Gets 10 Strokes Of Cane For Stealing Electric Cables

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 A Kaduna Magistrates’ Court, on Wednesday ordered that a teenager, be given 10 strokes of the cane for breaking into a house and stealing electrical cables worth N450, 000.

The Magistrate, Ibrahim Emmanuel, gave the sentence following a guilty plea by the 18-year-old now convict who resides at Kinkinau Kaduna.

Emmanuel said that the light punishment was because the convict saved the court from a prolonged trial, adding that he hoped that it would serve as a deterrent to others.

He also ordered that the recovered electrical cables be returned to the complainant, Sadiq Yusuf.

Earlier, the Prosecutor, Insp. Chidi Leo, told the court that the convict committed the offence on May 17 at Ungwan sarki Kaduna.

He said the convict and one Mohammed Sani, now attack large, broke into the complainant’s house and stole the electrical cables worth N450, 000.

Leo said the convict was arrested when a neighbour to the complainant saw him coming out of the house with the stolen items.

The prosecutor said the offence contravened the Penal Code of Kaduna State, 2017. (NAN)

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