JUDICIARY
Tribunal Reserves Judgment in Edeoga’s Petition Against Mbah

Sylvia Udegbunam, Enugu
The Enugu State Governorship Election Petitions Tribunal reserved its judgment on Wednesday in the case brought forth by the governorship candidate of the Labour Party (LP), challenging the victory of Governor Peter Mbah of the Peoples Democratic Party (PDP) in the state’s governorship election held on March 18.
This decision followed the final addresses presented by the involved parties during the proceedings.
Justice Kudirat Morayo Akano, the chairperson of the tribunal panel, stated that the date for delivering the judgment would be communicated to all relevant parties.
Edeoga is contesting the declaration of Mbah by the Independent National Electoral Commission (INEC) as the winner of the state’s governorship election.
In his concluding address, Edeoga’s legal representative, Chief Adegboyega Awomolo, SAN, urged the tribunal to uphold his client’s position and grant the reliefs sought. Awomolo argued that the evidence presented conclusively proved that Mbah was constitutionally ineligible to contest the election due to his presentation of a forged National Youth Service Corps (NYSC) certificate to INEC.
Awomolo referenced the testimony of the first Petitioner’s witness, an authority from the NYSC, who confirmed that the certificate was not issued by the NYSC. He further presented evidence indicating that Mbah did not actually collect the certificate.
He called on the court to nullify the election results in 19 polling units in Udenu Local Government Area due to inaccurate computation and in 14 units in Nkanu East and Igbo-Etiti council areas due to overvoting.
Conversely, counsel to INEC, Mr. Abdul Mohammed, urged the tribunal to dismiss Edeoga’s petition due to its lack of substantial merit. Mohammed argued that the document purportedly discrediting Mbah’s NYSC certificate, issued by the NYSC, should not be considered as valid evidence.
Mohammed stated, “This document did not meet the threshold of admissibility, as there is no proof of payment for certification presented in court.”
He added that the second petitioner’s witness was not the creator of the document, hence the evidence provided by Edeoga’s side was insufficient to support the allegation of forged NYSC certification.
Furthermore, the counsel for the second respondent, Chief Wale Olanikpekun, requested the tribunal to dismiss Edeoga’s petitions, claiming that they lacked merit and were merely academic exercises. He highlighted that the NYSC certificate was not a qualifying criterion for a governorship election.
Mr. Alex Izinyon, the counsel representing the third respondent, urged the court to dismiss the petition entirely, considering it a pursuit without substantial grounds.
Earlier in the proceedings, the three respondents opposed the application for the correction of the petitioner’s final written address, asserting that they had already adopted their own final addresses.
Mohammed vigorously objected to the application, asserting that the correction constituted an amendment by adding an additional address.
However, counsel for the petitioner, S.T Hon, urged the tribunal to overrule the three respondents’ submission. He cited a previous case, INEC against Yusuf in 2020, where the Supreme Court addressed the issue of amendments to include subtraction, addition, and correction.
Justice Akano declared that the ruling on the application for the correction of the petitioner’s final written address would coincide with the final judgment.
JUDICIARY
Attempted Murder: Court Revokes Bail of Co-defendants in Trial of Traditional Ruler

An Oyo State High Court in Ibadan, on Monday, revoked the bail granted to two co-defendants in the alleged attempted murder trial of Oba Solomon Akinola, the Oloko of Oko.
Akinola, the two co-defendants, whose bails were revoke, Chief Sunday Aderinto and Adejare Adeleru, are facing a 27-count charge including land grabbing and attempted murder.
Other defendants in the matter are; Chief Jimoh Asimiyu, Timothy Aderinto, Matthew Akintaro, Rafiu Ganiyu, Samson Ogunmola, Zachiaus Adeleru and Kamorudeen Ajibade.
Also arraigned are Raji Rasaq, Mutiu Arowosaye, Oyeyemi Oyelekan Olusegun Oyelekan and Sheriff Adio.
Justice Kareem Adedokun revoked the bail of the two defendants after he was informed by the prosecutor, Mr Isa O Abdulazeez, that the duo were among those that lunched a fresh attack on Aagba Community on April 5.
The judge stated that bail could be revoked when a defendant facing trial commits a fresh offence.
He ordered the two defendants to be remanded in Agodi Correctional Facility.
Adedokun further issued a bench warrant on Timothy Aderinto, the fourth defendant, Matthew Akintaro, the fifth defendant, Rafiu Ganiyu, the six defendant, Samson Ogunmola, seventh defendant, Zacheus Adeleru, the nineth defendant and Sheriff Adio, the 15th defendant for their absence in court.
The judge stated that Akintaro, popularly called Paimo, who had been constantly absent during court proceedings on the excuse of being mentally unstable, must be brought to court either dead or alife.
He subsequently adjourned the case until May 13 for the definite hearing of the case of the defence.
Earlier, the Prosecutor, Abdulazeez had told the court that a fresh attack was launched on Aagba Village, which led to the burning of no fewer than nines houses, including the house of Alagba of Aagba, Oba Joshua Adesola.
He further alleged that the incident claimed the live of a 70-year-old woman, Madam Rachael Bamidele, and the destruction of many other properties
In his response, the Defence Counsel, Hakeem Sabana, said that he was not aware of the fresh attack, adding that he was no longer representing the first, second,third and the seventh defendants.
The News Agency of Nigeria recalls that the people of Aagba and Tropical Farm Limited had in November 2023 instituted a case against the defendants over the alleged invasion of their community.
It was alleged that the invasion was on the order of Oba Akinola.
The Inspector General of Police (IGP) had directed the police to investigate the matter and handed the investigation to the Attorney General of the Federation (AGF), who ordered the Oyo State Ministry of justice to take over the prosecution.
The defendants had pleaded not guilty to the 27-count charge bordering on alleged attempted murder, assault, robbery, stealing and land grabbing. (NAN)
JUDICIARY
Labourer Arraigned over Alleged Palm Fruit Theft

A 45-year-old labourer, Pamilerin Agunloye, on Friday appeared before an Okitipupa Chief Magistrates’ Court in Ondo State, over alleged N80,000 palm fruit theft.
The defendant, whose address was not provided, is facing a two-count charge of conspiracy and stealing.
He, however, pleaded not guilty.
The prosecutor, Insp Ayodeji Omoyeigha, told the court that the defendant stole bunches of palm fruit in conspiracy with others at large, on Feb.
18, at 10.00 p.m. at a palm oil depot on Ikoya-Okitipupa Road.Omoyeigha said that the defendant and the others at large stole palm fruits bunches, which were to be processed into palm oil at a palm oil depot belonging to one Funke Ayeomoni.
He added that the offences were contrary to the provisions of Sections 412, and 390(9) of the Criminal Code, Laws of Ondo State, 2006.
The Chief Magistrate, Mr Mayowa Olanipekun, granted the defendant bail in the sum of N100, 000 and a surety in like sum.
He directed that the surety must reside within the court’s jurisdiction and show evidence of two years tax payment to Ondo State Government.
He adjourned the case until April 22 for further hearing. (NAN)
JUDICIARY
Court Orders Final Forfeiture of Abuja, Kano Property Linked to FIRS Staff Member

The Federal High Court in Abuja on Thursday, ordered the final forfeiture of two property linked to a staff member of Federal Inland Revenue Services (FIRS), Aminu Garunbaba, to the Federal Government.
The property include a four bedroom terrace maisonette with BQ at Barumark Groove Estate, Plot 667, Cadastral Zone, BO3, Wuye District, Abuja and bought by Garunbaba in the name of MYZ Venture.
The second property, located at No.
5, Lodge Road, Kano in Kano State, was said to have been purchased also by Garunbaba.Justice Obiora Egwuatu, in a judgment, held that Garunbaba failed to show the instrument he used to purchase the property.
Justice Egwuatu held that the respondent also failed to show any reasonable cause that the funds used in purchasing the property is from his legitimate earnings.
“A person cannot be allowed to benefit from illegitimate acts,” he said.
The judge earlier dismissed the preliminary objection filed by Garunbaba on the grounds that the objector did not discharge the burden to proof that the particular paragraphs in the EFCC’s application offended the Evidence Act.
He agreed with counsel to the Economic and Financial Crimes Commission (EFCC), Martha Babatunde, that a public officer can be investigated and prosecuted before an administrative disciplinary action is taken.
The EFCC had, in the suit marked: FHC/ABJ/CS/876/2021 filed by Ekele Iheanacho, SAN, sued Aminu Sidi Garunbaba as sole respondent.
In the motion on notice dated March 16, 2022 but filed on March 21, 2022, the anti-graft agency prayed for final order of the court “forfeiting the properties described in Schedule 1 which were found by the commission on the respondent as properties reasonably suspected to be proceeds of unlawful activities.”
Giving four grounds, the commission argued that the court had the statutory powers under the provision of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 to grant the reliefs being sought.
It said: “The properties sought to be attached and forfeited are reasonably suspected to be proceeds of unlawful activities.
“The interim order of this honourable court has been published in two national dailies namely: THISDAY and PUNCH Newspapers.
“No cause or sufficient cause has been shown why the properties under the interim forfeiture should not be finally forfeited to the Federal Government of Nigeria.”
In the affidavit in support of the motion deposed to by an operative of the EFCC, Apagu Wudah, the officer said several investigations were carried out regarding the assets.
He said as an investigating officer with the Economic Governance Section of the agency, he was assigned to investigate an intelligence report bordering on criminal conspiracy, stealing, abuse of office and money laundering among some FIRS
Wudah said the investigation revealed that between 2017 and 2018, Garunbaba and some of the staff of the FIRS conspired amongst themselves and obtained millions of Naira from the FIRS under the guise of Duty Tour Allowances (DTA) which they never travelled for.
He said in the execution of the fraud, the staff involved applied for DTA in respect of a non-existing trip.
According to him, upon being paid the DTA, the staff would deduct 10% to 15 per cent of the amount paid as his/her share, while the rest amount was withdrawn and transmitted to other senior officials of the agency who in turn also retained some while passing the rest up to the former Director of Finance and the Coordinating Director.
“The respondent (Garunbaba) not only directly applied and received DTA payment for none existing trips from FIRS, other staff who received these fraudulent payments also handed over to him part of their own money.”
The investigator said between 2017 and 2018, Garunbaba received the sum of N341, 971,960.00 (three hundred and forty one million, nine hundred and seventy-one thousand, nine hundred and fifty naira) from the misappropriated DTA payments.
He said Garunbaba also personally converted to his use the sum of N148, 079,450.00 (one hundred and forty eight million, seventy nine thousand, four hundred and fifty naira).
“The respondent gave details of the various funds he received in the fraudulent scheme and how he utilised some of them in his extra l-judicial statements to the applicant,” he averred
Wudah said Garunbaba, in explaining how he shared part of the entire funds, wrote in his extra-judicial statement made in the presence of his legal representative on May 23, 2019 some startling revelations.
He said the respondent revealed that the total sum of N269, 335, 750 was giving as follows: Peter Hena, 145,000,000; Bello Auta, N95, 000,000; and Aminu Sidi, N29, 336,750.
He said Garunbaba confessed that the money was giving in cash at the FIRS office.
The investigator said Garunbaba received part of the above diverted funds through his Stanbic IBTC Bank account number: 9301540597 while the rest were in cash from other staff.
He said Garunbaba also converted most of these funds into US dollars through a Bureau De Change Operator — Mr. Wan Jafar Shehu.
“According to Mr. Shehu, between 2017 and 2019, the respondent gave him a total sum of about N216, 000, 000 at different occasions for him to exchange into United States Dollars which he did” Wudah said.
The EFCC operative said in 2018, Garunbaba purchased the four bedroom terrace maisonette from Barumark Investment and Development Company Ltd (Barumark) at the rate of N65,000,000.00 (sixty five million naira).
He said the money was paid through his First Bank account number: 3040986059 to Barumark’s First Bank account.
He said Garunbaba equally purchased the property situated at No.5 Lodge Road in Kano State at the sum of N39, 000,000.00 (thirty nine million naira) from one Alakhillau Enterprises which is operated by Adamu Muhammed.
Wudah said Garunbaba is a public servant on fixed annual salary whose lawful income was not used to purchase the property described.
He said the assets were purchased at the time Garunbaba was receiving and diverting funds paid as DTA by the FIRS to him and his colleagues.(NAN)