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JUDICIARY

Tribunal Declines Mbah’s Application to Strike out Certificate Forgery Case

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From Sylvia Udegbunam, Enugu

The governorship election petitions tribunal sitting in Enugu has declined the application of the State governor, Peter Mbah to strike out the petition filed by the governorship candidate of labour party, Chijioke Edeoga over the alleged forgery of the National Youth Service Corps (NYSC) certificate by the governor.

At the resumed hearing last weekend, Mbah through his lawyer Wole Olanikpekun and that of the PDP, Tochukwu Maduka pleaded the court to strike out the petition seeking the disqualification of Mbah over the alleged forged certificate.

Olanikpekun said that section 177 of the Constitution provided qualifications required for contesting election and NYSC was not stated.

Maduka also prayed the court to strike out the petition on the basis that the matter was already at the appeal court. He argued that there was a leave of appeal and the tribunal had no jurisdiction to determine the case. His submission was supported by the counsel to INEC, Mr S.I Okolie.

Counsel to Labour party Mr M.J Numa, while responding to the prayer of the counsel to Mbah pleading the tribunal to strike out the alleged NYSC forgery stated that in section 136 sub 4 of the Electoral Act said that “All objections filed by election petitions shall be determined at the time of final judgement, saying there is no exception whatsoever”.

Numa  argued that the “provision of section 177 of the Constitution and section 182 respectively are not mutually exclusive, one does not supersedes the other, 182 has more elaborate provisions than 177. So the main fact that the candidate has met the qualifying factors under 177 does not impair the court to disqualify him under 182, so they are two separate provision that stands on their own”.

He further argued that there was no record of appeal on the subject matter hence the 2nd respondent should provide a document to the matter appealed to the court, adding that the court could not speculate the existence of an appeal. Numa pleaded the court to decline such invitation.

The Chairman Justice K.M Akano said that ruling shall be delivered with judgement and adjourned the case to June 22

JUDICIARY

Court Orders VDM to Remove Defamatory Posts on Falana, Son

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An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his son, Folarin, also called Falz.Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on Sept.

24 against the Falanas.The court also ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju within 14 day.
The judge said: “the defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.“He is to bring down the defamatory video about the applicant which was published on Sept.
24 on all his online social media handles pending compliance with the pre-action protocol of the court.“Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju.“The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.”The court made the orders following an ex parte originating application made by Falana and his son against the actions of VDM where he published “unverified audio recording of a one sided narrative by cross dresser Bobrisky” alleging perversion of justice by the family.Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him.Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on all his social media handles for the defamatory words contained in the viral video. (NAN)

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Man Bags 7 Years Imprisonment for Raping 11-yr-old in Kano

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The Supreme Court, Political Parties and Internal Democracy
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A Federal High Court sitting in Kano, on Monday, has sentenced 33-year-old Nasiru Isa to seven years in the correctional centre for sexually exploiting an 11-year old girl.

The Presiding Hon. Justice S .M. Shu’aibu convicted Isa, who resides in Darmanawa Bayan Gidan Kallo of Tarauni Local Government Area (LGA) of the state, on a one-count charge of sexual exploitation.

Shu’aibu summarily tried and sentenced the defendant after he pleaded guilty to the charge.

He held that the Prosecution Counsel, Abdullahi Babale, proved his case beyond reasonable doubt and consequently sentenced the defendant to seven years without an option of fine.

According to him, the convict is to pay additional N1 million fine as compensation.

Earlier, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Kano State Command, alleged that the defendant committed the offence at Darmanawa Quarters,Tarauni LGA, Kano State on October 5.

Babale said that the defendant allegedly lured his neighbour’s 11-year-old daughter into his wife’s room and sexually exploited her.

“The defendant had sex with the survivor on three different occasions.

“Once in the defendant’s wife’s room and twice at an uncompleted building.

“The defendant gave the survivor bread, groundnut and N20 before sexually exploiting her,” Babale told the court.

The prosecution presented two exhibits, including the confessional statement of the defendant and the survivor’s testimony, to the court to prove his case.

Babale said that the offence contravened the provisions of section 16(1) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Sec 26(1) of TIP ACT 2015. (NAN)

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Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial

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A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.

The defendants also on Jan.
18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan.
22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.
But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NAN

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