JUDICIARY
Tribunal Declines Mbah’s Application to Strike out Certificate Forgery Case
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 Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)