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

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)
CRIME
Court Remands 18-year-Old Student for Alleged Murder

A Makurdi Chief Magistrates’ Court on Friday ordered the remand of an 18-year old student, Joseph Chive, at a Makurdi Correctional Centre for allegedly killing a 14-year-old girl.
Chive, who lives at Veterinary Layout, Northbank, Makurdi, was charged with illegal possession of firearms and culpable homicide.
The Chief Magistrate, Mr Kevin Mbanongun, did not take the plea of the defendant for want of jurisdiction.
He remanded the defendant and adjourned the case until Aug. 28 for mention.
Earlier, the prosecutor, Insp Godwin Ato, told the court that the defendant committed the offences on May 25, at Veterinary Layout, Northbank, Makurdi.
He said the case was reported at the ‘C’ Division Police Station, Northbank, Makurdi, by the deceased’s father, Mr Victor Ayom.
According to him, the defendant had an altercation with the victim, a 14-year-old girl, Mimidoo Victor.
“While the altercation was going on, the defendant rushed into his room, brought a loaded dane gun and shot the girl on the head.
“The defendant was arrested during police investigation and he confessed to the crime.
“The dane gun was recovered from him,” Ato said.
The prosecutor said the offences contravened Section 3(1) of the Robbery and Firearms Act, 2004 and Section 222 of the Penal Code, Laws of Benue, 2004. (NAN)
CRIME
Man Jailed 14 years for Attempted Sexual Assault on Minor

An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a man, Damilare Adewale to 14 years imprisonment for attempted sexual assault on a 14-year-old girl, (name withheld).
Justice Rahman Oshodi convicted and sentenced Adewale to 14 years imprisonment, following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration.
The convicted was arraigned on the charge of defilement in which he had pleaded not guilty to on Nov.
29, 2021.The prosecution, bearing the burden of proof pursuant to section 135(1) of the Evidence Act 2011, adduced evidence through two witnesses, the survivor and her guardian, both of whom were subjected to extensive cross- examination by defence.
The survivor, in her testimony, had told the court she was on her way to a barbing shop when the convict, who lived in her neighbourhood, accosted and dragged her to his room.
The survivor had further told the court that the convict had expressed his desire to take her to his house but when she refused, he forcibly dragged her to his residence, where he pushed her onto his bed, removed her undergarments and defiled her.
The survivor had also testified that she was crying and shouting during the ordeal and observed blood resulting from the convict’s actions.
She had confirmed to the court that she was 14 years of age and that it was her first encounter with the convict.
The prosecution, had, however informed the court on May 27 and said that the convict had opted for plea bargain, which necessitated the amended charge.
Oshodi, while delivering the judgment, said that he was satisfied that the convict was competent to enter an informed plea and made the guilty plea without oppression.
He said: “Damilare Adewale, you have pleaded guilty to the offence of attempt to commit sexual assault by penetration contrary and I have accepted your plea and convicted you accordingly.
“I must emphasise that you were initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.
“However, through the plea bargain process, you have pleaded guilty to the lesser charge of attempt to commit sexual assault by penetration under section 262, which carries a maximum sentence of 14 years’ imprisonment.
“I have carefully considered your plea for mercy, you told this court that you gained admission to the Open University and learned other useful trades in the Kirikiri Mximum Security Custodial Centre.”
The court thereafter convicted him him on the amended charge.
“After serving your sentence, I believe what you have learned will assist your reintegration into society.
“Having considered all the circumstances of this case, including the seriousness of the offence, the impact upon the victim, your guilty plea, and the terms of the plea agreement, I endorse the agreed sentence of 14 years.
“I hereby sentence you to 14 years’ imprisonment, commencing on 13 August 2020, the date of your remand in custody,” Oshodi said.
The judge also ordered that the convict’s name be registered as a sexual offender under sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. (NAN)
JUDICIARY
Alleged breach of Act: MTN CEO, Others Are Evading Service, FCCPC Tells Court

The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.
FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.
FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
The Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorization of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.(NAN)