JUDICIARY
PEPC: APM to Open, Close Case June 21
The Allied Peoples Movement, (APM) has told the Presidential Election Petition Court, (PEPC) that it will open and close it’s case in one day with just one witness to call.
Hearing in the petition filed by the APM to challenge the outcome of the 2023 presidential election has stalled due to the petitioner’s inability to get hold of a Supreme Court judgment delivered on May 26 on a related matter.
The judgement of the Supreme Court affirmed President Bola Tinubu’s eligibility to contest the Feb.
25 presidential election.When the petitioner was billed to open its case, counsel to President Tinubu drew the attention of the court to the fact that the main issue the APM raised in its petition, was already decided by the apex court.
At the resumed hearing of the petition on Monday in Abuja, counsel to the petitioner,
Mr Gideon Idiagbonya told the court that the petitioner had only one witness to call.
“My lords, we intended opening our case today but in the cause of having a pre-trial conference with our sole witness, we realised that certain documents we intend to tender are not in the file handed over to us by the previous counsel.
“In view of this, we ask for another date to enable us open and close our case in one day since we have just one witness,” he said.
The counsel told the court that the petitioner had perused the judgment of the Supreme Court and was of the opinion that his client could still proceed with the petition.
Responding, counsel to the Independent National Electoral Commission, (INEC), Mr Abubakar Mahmoud, SAN said he had no objection to the application for an adjournment.
For his part, Olanipekin told the court that he had also read the judgment and he insisted that the judgment had settled the issues raised by the petitioner.
Olanipekin, however, did not oppose the application for an adjournment.
Similarly, counsel to the All Progressives Congress, (APC) Mr Charles Edosanwan, SAN, and Mr G.M Isho, counsel to the 5th respondent, Mr Kabiru Masari did not oppose the application for an adjournment.
The Chairman of the court, Justice Haruna Tsammani, adjourned hearing in the petition until June 21 for the petitioner to open and close its case as counsel had told the court.
NAN reports that the judgment in question was delivered on May 26 by the apex court and it dismissed the Peoples Democratic Party’s (PDP) suit which sought to nullify President Tinubu’s election based on allegations of double nomination against his running mate, now Vice-President Kashim Shettima.
The APM had in its petition marked: CA/PEPC/04/2023, contended that the withdrawal of Kabiru Masari, who was initially nominated as the vice presidential candidate of the APC invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.
The party argued that there was a three-week gap between the period that Masari, who is listed as the 5th respondent in the petition, expressed his intention to withdraw, the actual withdrawal of his nomination, and the time Tinubu replaced him with Shettima.
It further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.
According to the petitioner, as at the time Tinubu announced Shettima as the vice presidential candidate, he was no longer in a position, constitutionally, to nominate a running mate.
This, according to the APM was since he, (Tinubu) had ceased to be a presidential candidate of the APC having regards to the provisions of Section 142 of the 1999 Constitution.
The petitioner further argued that Masari’s initial nomination activated the joint ticket principle enshrined in the constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.
The party prayed the court to declare that Shettima was not qualified to contest as the vice presidential candidate of the APC as at Feb. 25 when the election was conducted by INEC.
This, according to the petitioner was on the grounds of having violated the provisions the of Section 35 of the Electoral Act, 2022.
The petitioner therefore asked the court for an order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC.(NAN)
A Federal High Court in Abuja, on Monday, ordered the remand of four suspected terrorists linked to notorious bandit kingpin, Bello Turji, in Kuje Correctional Centre.
Justice Emeka Nwite, in a short ruling, made the order after the defendants pleaded not guilty to the 11-count charge bordering on terrorism.
Justice Nwite consequently adjourned the matter until Feb.
10 for trial.Report says that the four suspects; Musa Muhammad Kamarawa; Abubakar Hashimu, a.
k.a. Doctor; Samuel Chinedu and Lucky Chukwuma, denied their involvement in the offences with which they were charged when the 11 counts were read to them.Report had earlier said that though eight defendants were listed on the face of the charge, three of them, including Bello Turji, were at large.
However, shortly after the court registrar called the case, only four defendants were in court.
Justice Nwite then asked about the whereabouts of Bashir Abdullahi, who is the 3rd defendant.
David Kaswe, who appeared for the Attorney-General of the Federation (AGF), told the court that Abdullahi was also at large.
Kaswe, who acknowledged the mistake, apologised to the court.
The lawyer, therefore, sought the leave of the court to enter “at large” for Abdullahi and the judge granted the oral application after it was not opposed by the defence lawyers.
NAN reports that the FG, through the office of the AGF, had filed the 11-count charge marked: FHC/ABJ/CR/633/2024 against the eight defendants, four of who are at large.
In the charge dated and filed on Dec. 16 by M.B. Abubakar, Director, Department of Public Prosecutions of the Federation, Musa Muhammad Kamarawa; Abubakar Hashimu, a.k.a. Doctor; Samuel Chinedu and Lucky Chukwuma were sued as 1st, 2nd, 4th and 5th defendants.
While Bashir Abdullahi, Bello Turji, Aminu Muhammad and Sani Lawal, who are all at large, are sued as 3rd, 6th, 7th and 8th defendants respectively.
Upon resumed hearing, Kaswe informed the court that the matter was scheduled for arraignment of the defendants and that they were ready to proceed.
He said the defendants had been duly served with the charge.
“We have 11-count charge. May I seek the leave of the court for the charge to be read to the defendants,” he prayed.
But A.M. Lukman, who appeared for the 1st, 2nd and 4th defendants (Kamarawa, Hashimu and Chinedu), told the court that a preliminary objection had been filed against the charge.
The lawyer urged the court to hear their objection.
“What is the objection all about?” Justice Nwite asked.
Responding, Lukman said: “It is on the issue of territorial jurisdiction of this honourable court my lord “
“Is that what the law says,” the judge asked.
Kaswe, who represented the AGF, opposed Lukman’s application on the ground that it was not ripe for hearing.
“Counsel has just served me with the application this morning. It is not ripe for hearing my lord,” he argued.
Justice Nwite, who aligned with Kaswe’s submission, directed the charge to be read to the defendants.
Hashimu, a.k.a. Doctor, however told the court that he did not understand English Language and the counts were read in English and Hausa to the defendants to take their plea.
After they pleaded not guilty to the counts, A.I. Mohammed, who appeared for the 5th defendant (Chukwuma), sought a short adjournment to enable them file their clients’ bail application.
But the judge assured them that the aplkication would be heard as soon as they were ready.
In count one, Musa Muhammad Kamarawa; Abubakar Hashimu, aka Doctor; Bashir Abdullahi; Samuel Chinedu; Lucky Chukwuma; Bello Turji (at large); Aminu Muhammad (at large) and Sani Lawal (at large), sometime between 2018 and 2022 in Sokoto State, were alleged to have conspired among themselves to commit the terror act.
They were alleged to have provided material services to terrorists groups led by Turji, Kachalla Halilu, Danbokolo, Lawali, Atarwatse, Buderi and others, by procuring and supplying illicit drugs, including penta injections and cannabis plants (aka indian hemp); food items; military and police uniforms, camouflage.
They were also alleged to have supplied , boots, caps and building materials, including bags of cement, cover zinc, bags of nails, M.M. iron rod, etc., to terrorist camps in the forests located in Zamfara, Sokoto and Kaduna States.
The offence is said to be contrary to Section 17 of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act.
In count four, Kamarawa, Muhammad (at large) and Lawal (at large), sometime in 2021 in Sokoto State, allegedly aided and abetted the commission of acts of terrorism by acquiring a military gun truck from Libya and supplying same to a terrorist, Kachalla Halilu, at a cost of approximately N28.5 million (28,500,000).
They were alleged to have paid for the gun truck partly in cash and partly via electronic transfer.
“And which you knew or had reason to believe that this vehicle would be used by Kachalla Halilu, a known terrorist, to commit acts of terrorism.
“You thereby committed an offence contrary to Section 18 (a) of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act,” the count read in part.
The offence is contrary to Section 8 (1) (b) of the Terrorism (Prevention) (Amendment) Act 2013 and punishable under the same section of the Act.(NAN)
A man who drove a car into a crowd in Changde City, central China’s Hunan Province, was sentenced to death with a two-year reprieve on Monday for endangering public safety by dangerous means.
On Nov. 19, Huang Wen crashed a car into a crowd in Dingcheng District of Changde after the vehicle stopped, he exited the car and continued attacking people, leaving 30 injured, including 18 students.
Changde Intermediate People’s Court found that Huang committed the crime as a result of investment losses and family conflicts, acting out in an attempt to vent his frustrations.
(www.nannews.ng) (Xinhua/NAN)
One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.
Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.
She, however, pleaded not guilty.
The prosecutor, Sgt.
Samuel Owolabi, told the court that the defendant committed the offences on Dec. 9, about 11.49 a.m. at Jericho area of Ibadan.Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.
He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.
According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.
The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)
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