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Tag: Court

  • Edo poll: Court dismisses suit seeking Akpata’s disqualification as LP candidate

    Edo poll: Court dismisses suit seeking Akpata’s disqualification as LP candidate

    A Federal High Court, Abuja, on Friday, dismissed the suit filed by Kenneth Imansuangbon, seeking the disqualification of Olumide Akpata as Labour Party (LP)’s candidate for the Sept. 21 Edo governorship election.

    Justice Obiora Egwuatu, in a judgment, dismissed the suit on grounds that the suit was statue barred, having been filed outside 14 days after the cause of action arose.

    The LP conducted its governorship primary election in Edo on Feb. 23, where Akpata won and was declared as the winner.

    Dissatisfied with the declaration, Imansuangbon, through his Counsel, Anthony Malik, SAN, filed the suit marked: FHC/ABJ/CS/472/2024 to challenge Akpata’s emergence.

    In the originating summons dated and filed on April 12, Imansuangbon sued Akpata, Oluyinka Alufohai, LP and Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.

    The plaintiff had prayed the court to invalidate Akpata and Alufohai’s nomination as governorship and deputy governorship candidates of LP on the ground that Akpata submitted forged documents in his FORM EC9.

    But Akpata, through his Counsel Johnson Usman, SAN, filed among other processes, a notice of preliminary objection, challenging the competence of the suit on the ground that it was statute barred and the court lacked the jurisdiction to entertain it.

    Usma equally argued that the originating summons was incompetent, having been accompanied by an incompetent written address.

    Delivering the judgment, Justice Egwuatu upheld Usman’s objection and agreed with the senior lawyer’s argument.

    The judge, who held that the suit was statute barred, said the court lacked the jurisdiction to entertain the suit.

    He subsequently  dismissed the suit, thereby affirming the nomination of Akpata and Alufohai by the party.

  • BREAKING: Court of Appeal dismisses APC, Sylva’s suit on Bayelsa governorship election

    BREAKING: Court of Appeal dismisses APC, Sylva’s suit on Bayelsa governorship election

    The Court of Appeal Abuja has dismissed the appeal brought before it by the All Progressives Congress (APC) and its governorship candidate, Timipre Sylva to challenge the judgment of the Bayelsa State Governorship Election Petition Tribunal.

    The Tribunal had in its judgment delivered May 17, 2024, in Abuja, upheld the election and the return of Senator Douye Diri and his deputy, Senator Lawrence Eruwjadkpo as lawfully elected governor and deputy respectively.

    Justice James Abundaga who read the lead judgment of the Court of Appeal affirmed the declaration of Diri and the People’s Democratic Party PDP as the joint winners of the November 11, 2023 poll.

    He awarded a cost of N500,000 to be paid by APC and Sylva to the respondents in the appeal.

    The appellate court held that the appellants did not produce credible evidence that the election took place in 184 polling units of Nembe, Ogbia and Southern Ijaw.

    The court also held that going by the evidence and exhibit tendered that the election was not conducted in that disputed areas by Independent National Electoral Commission (INEC), the issue of vote collation could not have risen.

     

  • Adjourn case against me indefinitely – Yahaya Bello tells court

    Adjourn case against me indefinitely – Yahaya Bello tells court

    The immediate past governor of Kogi State, Yahaya Bello has urged the Federal High Court, Abuja, to adjourn indefinitely the ongoing fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).

    He also asked the court to vacate its arrest order on him, pending the determination of an appeal he filed at the Court of Appeal, Abuja.

    Bello’s demands are contained in a letter written by Musa Yakubu, his Counsel, who is a Senior Advocate of Nigeria(SAN).

    The letter was dated July 12 and addressed to the trial Judge, Justice Emeka Nwite, ahead of Bello’s arraignment scheduled for Wednesday, July 17.

    Bello is being tried for allegedly laundering N80 billion.

    But, in his appeal against his trial, Bello has expressed fears over his fate if the case is left to proceed.

    In the Appellate case with file no. CA/ABJ/CR/535/2024, Bello is seeking that the Warrant of Arrest he says was illegally issued against him on April 17, 2024, be set aside.

    He also wants a return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.

    The Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.

    The former governor is also seeking an order of the Appeal Court setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.

     

  • Court dismisses suit seeking Ighodalo’s candidature invalidated

    Court dismisses suit seeking Ighodalo’s candidature invalidated

    A Federal High Court in  Abuja on Wednesday, dismissed a suit by impeached Deputy Governor of Edo, Phillip Shuaibu and others seeking to invalidate Asue Ighodalo’s nomination as candidate of the Peoples Democratic Party (PDP) in the election in Edo.

    The off-cycle elections are to hold on Sept. 21 in Edo.

    Justice James Omotosho, in a judgment held that the suit, which challenged Ighodalo’s disqualification on the grounds of alleged forgery of voter’s card, was statute barred.

    Justice Omotosho held that the suit, being a pre-election case, was filed outside the 14 days allowed under Section 285(9) of the Constitution.

    The judge also held that even though forgery or non possession of voter’s card was a disqualifying factor under Section 182 of the Constitution, the plaintiffs failed to prove that Ighodalo forged his voter’s card as alleged by the plaintiffs.

  • Godwin Emefiele denied UK medical trip

    Godwin Emefiele denied UK medical trip

    A Federal Capital Territory (FCT) High Court on Tuesday dismissed an application filed by  the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele  to travel  to the UK medical treatment.

    The EFCC charged Emefiele   with criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

    Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

    Besides he is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

    Emefiele in the amended charge was alleged to have, on February 8, 2023 knowingly obtain, by false pretence, $6,230,000.00 by falsely representing that the Secretary to the Government of the Federation vide a letter dated January 26, 2023 with Ref No. SGF 43/L.01/201 requested the CBN to provide a contingent logistic advance in the sum of $6,230,000 “in line with Mr. President’s directive.”

    Justice Hamza Muazu,dismissed the application in a ruling.

    Muazu held that though the applicant stated that he would be away from July 28 to Sept 10, there was no medical appointment or invitation brought before the court.

    He held that though, the court had the discretion to grant leave but the applicant is standing trial in various charges in three courts, two in FCT and one in Lagos.

    ”The letter of invitation for medical follow up is not attached. As it stands now, I can not use my discretion to grant the application and he is standing trial in three courts.

    ”The application is hereby dismissed and the adjourned date for continuation of trial still stands” he held.

    At the proceedings of June 25, Enefiele’s lawyer, Mathew Burkaa, SAN, informed the judge of the defendant’s application for medical leave.

    The judge adjourned the hearing of the application until July 8.

    On July 8, Emefiele through his lawyer, Labi Lawal, urged the court to release his passport, previously deposited as part of his bail conditions, to enable him to travel to the UK for medical treatment.

    However, the prosecution counsel, Muhammad Omeiza, argued that no medical report was presented to the court showing that Emefiele was suffering from an ailment that could not be treated in Nigeria.

    He added that the defence did not present any medical report showing that an ailment plagued Emefiele.

    Lawal told the court that there was also no evidence to show that his ailment cannot be treated in Nigeria.

    He also stated that Emefiele posed a flight risk due to his connections with co-conspirators abroad and ongoing trials in three different courts.

    However, the defence counsel faulted the prosecution’s arguments as speculative.

    He said an international red alert could ensure Emefiele is returned if he did not comply after the medical trip.

  • Court dismisses appeal filed by PDP challenging Uzodinma’s election as Imo state Governor

    Court dismisses appeal filed by PDP challenging Uzodinma’s election as Imo state Governor

    The Court of Appeal Abuja, has dismissed the appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Samuel Anyawu, challenging the decision of the Imo State tribunal, which affirmed the election of Hope Uzodinma as the authentic governor of the state.

    The court held that the appeal lacked merit having resolved all issues formulated against the appellants in the suit.

    In the same vein, the appellate court also dismissed the appeal by the Labour Party and its candidate, Achonu Nneji, and that of the Allied Peoples Movement for also lacking in merit.

    The appellants who were dissatisfied with the tribunal Judgment, had approached the court of appeal on grounds that the November 11, 2023 election, was invalid because of non-compliance with the provision of the Electoral Act.

    The appellants also challenged Uzodimma’s qualification with an allegation that his WAEC Certificate of Education result, was forged.

    While delivering judgment, the court of appeal held that the appellants in their appeal, failed to prove the allegation of non-compliance as alleged.

    The three-man panel led by Justice Bitrus Sanga also held that the appellants failed, to prove that the governor submitted a forged certificate.

     

  • Court dismisses Emefiele’s application to travel to UK for medicals

    Court dismisses Emefiele’s application to travel to UK for medicals

    A Federal Capital Territory (FCT) High Court on Tuesday dismissed an application filed by  the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele  to travel  to the UK medical treatment.

    The EFCC charged Emefiele   with criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

    Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

    Besides he is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

    Emefiele in the amended charge was alleged to have, on February 8, 2023 knowingly obtain, by false pretence, $6,230,000.00 by falsely representing that the Secretary to the Government of the Federation vide a letter dated January 26, 2023 with Ref No. SGF 43/L.01/201 requested the CBN to provide a contingent logistic advance in the sum of $6,230,000 “in line with Mr. President’s directive.”

    Justice Hamza Muazu,dismissed the application in a ruling.

    Muazu held that though the applicant stated that he would be away from July 28 to Sept 10, there was no medical appointment or invitation brought before the court.

    He held that though, the court had the discretion to grant leave but the applicant is standing trial in various charges in three courts, two in FCT and one in Lagos.

    ” The letter of invitation for medical follow up is not attached.

    ” As it stands now, I can not use my discretion to grant the application and he is standing trial in three courts.

    ” The application is hereby dismissed and the adjourned date for continuation of trial still stands” he held.

    At the proceedings of June 25, Enefiele’s lawyer, Mathew Burkaa, SAN, informed the judge of the defendant’s application for medical leave.

    The judge adjourned the hearing of the application until July 8.

    On July 8, Emefiele through his lawyer, Labi Lawal, urged the court to release his passport, previously deposited as part of his bail conditions, to enable him to travel to the UK for medical treatment.

    However, the prosecution counsel, Muhammad Omeiza, argued that no medical report was presented to the court showing that Emefiele was suffering from an ailment that could not be treated in Nigeria.

    He added that the defence did not present any medical report showing that an ailment plagued Emefiele.

    Lawal told the court that there was also no evidence to show that his ailment cannot be treated in Nigeria.

    He also stated that Emefiele posed a flight risk due to his connections with co-conspirators abroad and ongoing trials in three different courts.

    However, the defence counsel faulted the prosecution’s arguments as speculative.

    He said an international red alert could ensure Emefiele is returned if he did not comply after the medical trip.

  • Ado-Bayero, 4 others permanently stopped from acting as Emirs

    Ado-Bayero, 4 others permanently stopped from acting as Emirs

    A Kano State High Court, on Monday, granted a perpetual injunction restraining the 15th Emir of Kano, Alhaji Aminu Ado-Bayero, and Four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.

    The applicants are Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly, through their counsel Ibrahim Isah-Wangida Esq, filed a motion exparte dated May 27.

    The applicants sought a court order restraining Ado-Bayero, and Four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.

    The respondents are: Ado-Bayero, Alhaji Nasiru Ado-Bayero Bichi emir, Dr Ibrahim Abubakar ll, emir of Karaye, Alhaji Kabiru Muhammad-Inuwa, emir of Rano and Alhaji Aliyu Ibrahim-Gaya, emir of Gaya.

    Others are the Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps and Nigeria Army.

    Delivering the judgment , Justice Amina Adamu-Aliyu, held that the Kano State House of Assembly had powers to amend and propose  a bill for the peace and good governance of a state pursuant to section 4 rule 6,7(b) of 1999 Constitution as amended.

    “The Kano State Governor has the right to ascent the the proposed bill to law after being passed by the state assembly”.

    The court also restrained the Police and other security agencies from violating, disobeying or temparing with the Kano State Emirate (Repeal) Law 2024.

    “The deposed Emirs shall surrender all movable and inmovable properties in their possession that belongs to the Kano State Emirate Coucil to the state government” Adamu-Aliyu said

    She held that the first respondent legal counsel withdrawal without notice to other parties is unprofessional and without moving their motion is as good as not filing it since it has been abandoned.

    The judge said the act of the 6th to 9 respondent for smuggling the first respondent to Kano after the enactment of the the Emirate Repeal Law 2024 disregard to what they have sworn for the protection of life and property.

    Earlier, Counsel to the applicant, Mr Ibrahim Isa-Wangida, urged the court to discountenance the respondent affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.

    Counsel to Ado-Bayero, Mr Abdul Muhammed SAN, informed the court that they have an affidavit of fact dated July 3, 2024 attached with a notice of appeal and a motion of stay of proceedings.

    He urged the court to stay of proceedings pending the hearing and determination of the motion at the appeal court.

    Ado-Bayero’s counsel on July 4, withdraw their legal services before the court.

    Counsel to the 3rd, 4th and 5th respondents, Hassan Tanko-Kyaure, moved his application for extension of time dated July 2 and counter affidavit in response to the originating motion.

    He urged the court to set aside the Kano State Emirates Council (Repeal) law 2024, adding that due process were not followed and urged the court to dismiss the applicant’s application with a cost of N1 billion.

    Counsel to the Inspector/General of Police, Mr Sunday Ekwe, told the court that he had nothing to present.

    The applicants, 3,4and 5th respondents moved their applications, for extension of time, notice of preliminary objection, setting aside exparte order, joinder application, examining deponent, application for the Judge to recuse herself and originating summon.

    The State House of Assembly on May 23, dissolved all the four newly created Emirate council’s in the state and Gov. Abba Kabir-Yusuf, reappointed Lamido Sanusi, as the Emir of Kano.

  • Court sentences ex-civil defence officer to life imprisonment

    Court sentences ex-civil defence officer to life imprisonment

    An Ekiti State High Court sitting in Ado Ekiti has sentenced one Olukayode Dayo, a former officer of the Nigeria Security and Civil Defence Corps (NSCDC) to life imprisonment over an offence of rape.

    The 39- year- old convict was arraigned before Justice Lekan Olatawura on  May 13, 2022 on one count charge bordering on rape.

    The charge reads that Olukayode Dayo on Dec. 25,  2021 at Ado-Ekiti within the jurisdiction of Ado-Ekiti court did rape a 13 years old girl names withheld.

    According to the charge, the offence is contrary to section 31(2) of the Child’s Rights Law, Cap. C7, Laws of Ekiti State, 2012.

    In his statement to the Police, the victim said, ” I was living with my grandmother, I was sent home to go and bring banana and kolanut, on my way home, one man called Olukay (the defendant) crossed me with his motorcycle, he dropped the banana and kolanut on my head, he carried me to a fenced uncompleted building.

    ”I  was shouting but he did not listen to me, he removed my pant and started having sex with me, a passerby who heard my voice entered the compound, he took to his heels on citing the man, the man chased him but he was unable to catch him, he came back and take me to my grandmother, he explained what happened to her. ”  she concluded.

    To prove his case, the prosecutor, Julius Ajibare called six witnesses and tendered the defendant’s statement, photographs of the victim and medical report as exhibits.

    The defendant, who spoke in his own defence through his counsel, Oluwaseun Oyebanji, denied committing the offence but pleaded to the court to temper justice with mercy and he called no witness.

    Delivering his judgment, Justice Lekan Olatawura said, in this event, the victim consistently, unequivocally and unshaking stated that the defendant who was well known to her was the person who raped her.

    “In all, I find proof beyond reasonable doubt that the defendant raped the 13- year-old girl on Dec. 25,  2021 and consequent thereupon, I find him guilty as charg.

    ”Consequent upon the foregoing, the defendant is sentenced to life imprisonment,”  the judge ruled.

  • Controversial blogger, Ijele in more trouble, to appear in Awka high court July 16

    Controversial blogger, Ijele in more trouble, to appear in Awka high court July 16

    Mr Chizorom Harrison Ofoegbu, a blogger and content creator, who is also known as Ijele Speaks is in a fresh round of trouble.

    Ofoegbu was granted bail several weeks ago after he was charged to court for threat to Life against the Spiritual Director of Zion Prayer Movement, Evangelist Ebuka Obi. With the bail, the matter with the Evangelist appears to be in limbo as he did not show up in court on Friday when the case was scheduled.

    However, he is embroiled in another battle as he is billed to appear in an Awka High Court in Anambra State for defamation and cybercrime against the founder of Living Christ Mission, Rev. Prof. Victor Onukaogu, popularly called Daddy Hezekiah.

    The blogger is alleged to have defamed the character and integrity of Hezekiah by releasing a video in which he accused the church leader of sexually molesting and abusing young girls in his church.

    “This man is evil. He is one of the bunch of criminals that destroyed Igbo land”, he stated in the video.

    He also described the recent celebration of 40 years anniversary of Living Christ Mission as “40 years of this criminal molesting people’s children”.

    Also, Pastor Paul Enenche of Dunamis International Church has a petition against Ijele pending with the National Cybercrime Centre for the blogger’s threat to kill the pastor and his family.

    Ijele had also released videos in which he threatened to eliminate prominent church leaders including Enoch Adeboye, David Oyedepo, Johnson Suleman and Jeremiah Fufeyin.

    He is also known to have courted the ire of members of the proscribed Indigenous People of Biafra (IPOB) in another video in which he said he castigated the group’s leader, Mazi Nnamdi Kanu, and said he should be left to die in detention.

    It is yet to be seen how Ijele will navigate through the many court cases and the numerous battles he is stirring up.