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JUDICIARY

REOPENED: Supreme Court Begins Hearing in Atiku, Obi, APM Appeals

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Supreme Court is set to hear the appeals filed by the Peoples Democratic Party, (PDP), its presidential candidate in the Feb. 25 presidential election, Alhaji Abubakar Atiku.

Atiku is before the court challenging the judgment of the Presidential Election Petition Court, (PEPC) which affirmed the election of President Bola Tinubu.

The apex court will also hear the petitions filed by the Labour Party and it’s presidential candidate, Mr Peter Obi as well as that of the Allied Peoples Movement, (APM) all challenging the judgment of the PEPC.

The panel of Justices hearing the appeals is headed by Justice Inyang Okorowo.

Reports says that the National Security Adviser, (NSA) Mr Nuhu Ribadu, the Chief of Staff to the president Mr Femi Gbajabiamila and the All Progressives Congress, (APC) Chairman, Mr Abdullahi Ganduje are among  dignitories present in court to witness the proceedings.

NAN reoirts that in court filings at the Supreme Court, Mr Chris Uche, Atiku’s counsel contended that the PEPC’s judgment occasioned “grave error and miscarriage of justice” in its legal reasoning by upholding Mr Tinubu’s election as president.

In the document dated Sept. 18, Uche contended that the presidential election court failed to adequately evaluate his client’s evidence before reaching its conclusions.

He further contended, among other issues, that the presidential election court erred in law when it “failed to nullify the presidential election held on Feb. 25 on the grounds of non-compliance with the Electoral Act, 2022, when by evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation.”

In Obi’s appeal at the Supreme Court, his lawyer, Livy Uzoukwu, filed 51 grounds in challenging the presidential election court’s judgment.

Uzoukwu, a SAN, argued that PEPC reached the wrong conclusions.

In one of the grounds, Mr Uzoukwu told the Supreme Court that the five-member panel of the Presidential Election Petition Court led by Haruna Tsammani “erred in law and thereby reached a wrong conclusion” when it dismissed Mr Obi’s suit.

He faulted the presidential election court’s evaluation of Mr Obi’s evidence. He said the court erroneously ruled that Obi’s case failed to establish the polling stations where electoral malpractices took place during the February presidential election.

The lawyer also said the lower court’s conclusions caused a “grave miscarriage of justice” when it held that Obi did not identify the specific number of votes he polled at polling units where he accused INEC and Tinubu of suppression of votes.

In its appeal at Supreme Supreme, APM’s lawyer, Chukwuma–Machukwu–Ume, a SAN, predicated his client’s suit on 10 grounds.

Machukwu-Ume, a SAN, prayed the apex court to nullify the presidential election court verdict for its numerous errors in law.

He argued that sections 131 and 142 (1) of the 1991 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President. (NAN)

JUDICIARY

Court Shifts Judgment in Suit Seeking Ganduje’s Sack Until Sept. 23

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A Federal High Court, Abuja, on Wednesday, shifted the judgment in a suit seeking the removal of Dr Abdullahi Ganduje as National Chairman of the All Progressives Congress (APC) to Sept. 23.The matter, which was earlier fixed for today, was not on the cause list.NAN gathered that the parties in the suit had earlier been reached by the court registrar for a new date because the judgement was not ready.

“We have already called the parties on phone to inform them of the development.
A new date is next week, September 23,” a reliable source said.Justice Inyang Ekwo had, on July 5, fixed today (Sept. 18) for the judgment.Justice Ekwo fixed the date after counsel to the plaintiff, Benjamin Davou; and lawyers to the defence adopted their processes and made their submission for and against the case.
The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.The plaintiff wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.(NAN)

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Poultry Farm Manager Faces N160,000 Fraud Charge

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 30-year-old poultry farm manager, Stephen Nwachi, on Thursday, appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N160,000 fraud.The defendant, whose address was not provided, is facing a two-count charge bordering on felony and advance fee fraud.The police prosecutor, ASP Zedekiah Orogbemi, told the court that the defendant committed the offences on June 24, at 04.

00 p.
m. at a poultry farm opposite Zomelo hotel on Okitipupa-Aye Road in Okitipupa.Orogbemi said that the defendant fraudulently obtained the sum of N160,000 from one Morenike Orukotan, under the pretext of supplying some crates of eggs to her but failed to do so.The prosecutor said that the offences contravened Sections 419 and 516 of the Criminal Code, Cap.
37, Vol. 1, Laws of Ondo State, 2006.The defendant, however, pleaded not guilty to the charge preferred against him.The Chief Magistrate, Mr Philip Akinlosetu, granted the defendant bail in the sum of N200,000 with one surety in like sum.He ordered that the surety should reside within the jurisdiction of the court.Akinlosetu also held that the surety should show evidence of two years tax payment to the state government.He adjourned the case until Sept. 17 for further hearing. (NAN)

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Court Remands Man, 44, for Allegedly Defiling 9-year-old Girl

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A Badagry Chief Magistrates’ Court sitting in Lagos, on Wednesday remanded a 44-year-old man, Sunday Lukas in custody, for allegedly defiling a nine-year-old girl.The Chief Magistrate, Mr Patrick Adekomaiya, ordered that Lukas be remanded at the Awarjigoh Correctional Centre, Badagry, after he pleaded not guilty to a count charge of assault.

He ordered that the case file be duplicated and sent to the office of the Director for Public Prosecution (DPP) for legal advice.
Adekomaiya, however, adjourned the case until Oct. 28 for ruling on the bail application filed by Lukas and for DPP’s legal advice.Earlier, the police prosecutor, Ayodele Adeosun, told the court that the defendant committed the offence on May 28, at 12.
20 p.m., at No. 4, Aribena Site, Ijanikin area of Lagos.He said that Lukas indecently assaulted the nine-year-old girl by inserting his fingers in her private part.The prosecutor said the offence contravened Section 135 of the Criminal Law of Lagos State, 2015. (NAN)

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