Tag: Judgement

  • Ekiti governorship election: Tribunal to deliver judgement on Monday

    Ekiti governorship election: Tribunal to deliver judgement on Monday

    The Ekiti State Governorship Election Petition Tribunal sitting in Abuja will on Monday deliver judgment in the petition by the People’s Democratic Party (PDP) and one other.

    The PDP and its candidate in the last governorship election in Ekiti State, Kolapo Olusola are, by their petition, challenging the decision by the Independent National Electoral Commission (INEC) to declare the candidate of the All Progressives Congress (APC), Kayode Fayemi, winner of the election.

    It was learnt on Saturday that parties to the petition, marked: EPT/EKS/GOV/01/18. – PDP, Olusola, INEC, APC and Fayemi, have been informed about the date of judgment via notices of hearing, issued by the tribunal’s Registry.

    The tribunal, led by Justice Suleiman Belgore had, on January 9 this year, adjourned indefinitely, but told parties they would be informed 48 hours before the day to be set for the delivery of the judgment.

    Justice Belgore announced the adjournment after parties adopted their final written addresses and prayed the tribunal to grant their prayers.

    The tribunal Chairman praised the conduct of lawyers and parties in the case. He particularly noted that the senior lawyers were professional and mature in their conduct.

    Charles Edosomwan (SAN), Akin Olujinmi (SAN) and Lateef Fagbemi (SAN) adopted the final addresses of INEC, APC and Fayemi, while Yusuf Ali (SAN) adopted the petitioners’ address.

    Edosomwan, Olujinmi and Fagbemi urged the tribunal to dismiss the petition by the PDP and Olusola.

     

  • 2019: APC reacts to High Court judgment nullifying party primaries in Rivers

    2019: APC reacts to High Court judgment nullifying party primaries in Rivers

    The All Progressives Congress (APC) has said it is still studying the judgement of the Federal High Court in Port Harcourt, Rivers State, which nullified the primaries conducted in the state.

    The APC National Publicity Secretary, Lanre Issa-Onilu, said this in a terse message on Monday.

    He said, “We have received the news of the judgement of the Federal High Court regarding our candidates in Rivers State.

    We are currently studying the decision of the court.

    We will make our position public in due course.”

     

  • Court reinstates sacked UNILORIN lecturers, ASUU hails judgement

    The Academic Staff Union of Universities (ASUU) has commended the National Industrial Court, Akure, for reinstating the sacked lecturers of the University of Ilorin (UNILORIN).

    The affected lecturers were executives of the ASUU in the institution. Both ASUU Chairman, Dr Kayode Afolayan and Secretary, Solomon Oyelekan, were illegally sacked by the authorities of the institution on September 19, 2017.

    After a year legal battle, the court presided over by Justice Abiola Adewemimo described the sacking as illegal because it contravened due process and the rules of the institution.

    The judge also chastised the institution for violating the rights of the respondent to a fair hearing, declaring the action of the university as oppressive, dictatorial, tyrannical and a miscarriage of justice.

    She ordered the immediate reinstatement of the sacked lecturers and the payment of their entitlements to date and other benefits which they are entitled to.

    Reacting to the Judgement, the Zonal Coordinator of ASUU, Dr Ade Adejumo and Chairman of the University of Ibadan, Dr Deji Omole, described the ruling as a victory against tyranny and terrorism by the University of Ilorin administration.

    According to the duo, ASUU as a law-abiding union opted for the law-courts instead of taking laws into their hands.

    The ASUU Comrades noted that by sacking the lecturers unjustly the university has inflicted emotional and psychological trauma on their members but thanked the court for upholding the truth and nipping the tyrannical decisions at UNILORIN in the bud.

     

  • Fayose versus Police: Nigerians’ rush to judgment, By Ehichioya Ezomon

    By Ehichioya Ezomon

    The hotly contested Ekiti governorship election has been won and lost. But while its closing campaigns narrowly escaped a bloodbath, three groups of Nigerians reacted to Wednesday, July 11 highly publicised alleged police attack on Governor Ayodele Fayose at the Government House in Ado-Ekiti. They are those quick to criticise without getting details of an event; those who exercise caution and call for restraint; and others who hold contrary views about the happening.

    In the midst of a fouled political environment, aided by access to the social media, most Nigerians no longer wait to get the true picture of occurrences before reacting. They simply swallow “hook, line and sinker” what’s posted, and respond accordingly.

    More worrisome, though, are politicians jumping into the fray, to earn some political points. Yet, these are the society’s leaders, who should guard their utterances, to avoid exacerbating a bad situation.

    Last Wednesday, there were such instantaneous reactions, condemning the police attack as allegedly directed by the administration of President Muhammadu Buhari, in attempts to rig Saturday’s poll in favour of the All Progressives Congress (APC) and its candidate, former Governor Kayode Fayemi.

    For instance, before the rapid-response opposition PDP got its act together, former Vice President and presidential aspirant in the 2019 elections, Alhaji Atiku Abubakar, rolled out a statement, adjudging the police action as the handiwork of the Buhari administration.

    His words: “The immunity that a president enjoys under the constitution is the same immunity being enjoyed by a state governor. Thus, it is an aberration to democratic norms and practices in a federal system of government that one layer of government should muscle out another government on account of political differences.”

    The national executive of the PDP, led by its chairman, Uche Secondus, upped the ante with a march to the National Assembly, and the headquarters of the Independent National Electoral Commission (INEC), describing the said bust-up as a “coup against (Nigeria’s) democracy.” Similar protests were staged across the country.

    Fortunately, some Nigerians and institutions were measured in their rejoinders to the Ekiti saga, such as former President Goodluck Jonathan, who, sounding conciliatory, appealed to the security agencies deployed to Ekiti for the election to “carry out their duties according to the laws of the land by securing the state in a manner that will enable a peaceful electoral process.”

    “If it is true that the State Governor, Mr. Ayodele Fayose, was assaulted as reported in the media, my appeal is that such should not be allowed to happen again, since the governor’s constitutional immunity guarantees that he should be given official protection to freely conduct the business of governing the state,” Jonathan said.

    As Governor Fayose had reportedly apologised, through his aides, to the Police authorities, that their officers did not manhandle him, as he previously claimed, how would Dr. Jonathan have felt had he gone overboard, as others did, in reacting conclusively to the purported brutalisation of the governor?

    In the interim, many Nigerians, believing that Fayose had overplayed his hand, were unmoved by the Ekiti saga. Rather, they dug into their reservoir of wise sayings, to properly situate the happenings with those of 2014 in the state.

    They turned out such idioms as, “What goes around comes around.” “What you sow is what you reap.” “Those who live in glass houses should not throw stones.” “Those who are too clever sometimes overreach themselves.” “One good turn deserves another.”

    Besides, they labeled Fayose’s displays as a political stunt, questioning why would the police teargas affect only the governor, and his security details watched while a police officer “slapped” him; and how he came about an arm sling “tied” to a neck collar meant to brace his “broken neck.”

    Which makes one Dr. Etin-osa Imagbenikaro (@etinmagbe) to tweet thus: “I actually did not understand this contraption (sling and neck collar). I’ve tried to hold it (laughter) in. But I’ve been laughing hard. If anyone tells me they fixed this for him in a hospital, I’d be shocked beyond belief. How do you connect an arm sling to a neck collar that’s bracing (holding in place) a ‘broken neck’?”

    But what were the “cynics” driving at, when Fayose, with all paraphernalia of his office, including immunity, was “teargassed” by the police, who were supposed to protect him and members of his political party? It’s simply to nudge Nigerians’ memory to the un-savouring events in the 2014 election in Ekiti, and remind them that the latest occurrences were less in proportion to what took place four years ago.

    As candidate of the PDP, which controlled the Federal Government, Fayose was enabled, through the security agencies, to ride roughshod over sitting Governor Fayemi, candidate of the opposition APC. And taking full advantage of the “powers” the government conferred on him, he “deployed” the Military to prevent opposition governors from entering Ekiti to campaign for Fayemi.

    Fayose, in cahoots with the Defence Minister of State, Musiliu Obanikoro and the Minister of Police Affairs, Jelili Adesiyan, locked down the state, hounded and arrested prominent APC members that could have mobilised supporters to swell Fayemi’s votes at the poll.

    Hence, in the instant case, instead of sympathising with Fayose and Ekiti PDP members, many Nigerians were incensed by the attitude of the elite, who presented the debacle as new in the polity, where politicians engage in a do-or-die enterprise to get themselves or their cronies into power, as was played out in Ekiti last week.

     

    * Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.

  • 14 years imprisonment: Appeal the judgement, Taraba residents tell ex-Gov Nyame

    Following the judgement of the Federal High Court sitting in Abuja which sentenced former Governor Jolly Nyame of Taraba State to 14 years’ imprisonment, residents of Taraba have urged him to appeal the judgement.

    Justice Adebukola Banjoko of the High Court of the Federal Capital Territory sitting in Gudu, Abuja, had, on Wednesday, found the former governor guilty of 27 of the 41 counts preferred against him.

    Nyame, who was charged with 41 counts of misappropriating the sum of N1.64bn in 2007, was found guilty of breach of trust involving fraudulent approval of N250m for the purchase of stationery and office equipment on December 30, 2004.

    But reacting to the ruling, some residents of Taraba who called on their former governor to approach the Court of Appeal which they said would overturn the ruling of the lower court.

    One of the respondents, Barrister Nierus Johnson, said the former governor still have windows of redress ahead if he has good ground of appeal and urged him and his team of lawyers to consider testing the decision of the high court at the court of appeal.

    Again, Mohammed Umar, who said he had worked closely with the former governor, urged him to appeal the judgement of the Federal High Court.

    He described as “laughable” the decision of the court to sentence the former governor, saying Nyame had laid a solid foundation for a greater Taraba, and that the issues the court relied on would be quashed at the Appeal Court.

    On the allegations that the government of President Muhammadu Buhari was being selective in the fight against corruption, Nierus said government should prosecute people across board so as to be seen as being holistic.

    “The fight against corruption in the country today seems to be one-sided and targeted at opposition. We want government to be holistic and focused in the fight against corruption.

    “Today, if you are accused of corruption and you cross over to APC, nobody talks about it again.

    “I remember the case of one of the former governors of Plateau State, but since he crossed carpet to APC, the issue has died a natural death. We have several of such cases in the country today,” Nierus said.

    Mrs. Tabitha Kassa, a market woman who said she had enjoyed goodwill during the tenure of the former governor, urged him not to be deterred by the high court judgment, noting that the decision of the high court was not final.

     

  • Stop leaking court judgments, CJN warns judiciary workers

    The Chief Justice of Nigeria (CJN) Justice Walter Onnoghen has warned court staff to desist from leaking rulings and judgments yet to be delivered to parties.

    Justice Onnoghen urged court support staff to always be guided by the code of conduct for court employees and abstain from unethical conduct in order to retain public confidence in the system.

    He said: “In our quest to birth the Judiciary we all desire, I must not fail to emphasise that in the daily discharge of your duties, the code of conduct for court employees must be your guide and standard.

    It is trite to note that it promotes the tenet of transparency, integrity and hard work among staff.

    In this light, you must shun all vices that easily beset you. Vices such as lateness to work, leaking of rulings and judgments as well as absenteeism from work without permission from superior authority must be avoided,” he said.

    Justice Onnoghen spoke in Abuja yesterday at the opening session of the national workshop for Information and Communication Technology (ICT) staff of courts, put together by the National Judicial Institute (NJI).

    The workshop has as its theme: “Information technology as a catalyst for effective justice administration.”

    Represented by Justice John Okoro (of the Supreme Court), the CJN noted that the nation’s judiciary could no longer afford to operate without ICT deployment.

    He said the gradual integration of ICT into court’s operations has help in improving the pace of justice dispensation in the country.

    The CJN added: “The part to effective and efficient justice delivery in Nigeria lies in our ability to continuously improve our justice sector with the use of ICT tools.

    Thus, judicial administration around the world have imbibed the use of on-line legislation and case law, electronic filing system and the electronic service of court processes,” he said.

    Justice Onnoghen noted that, in view of the importance of ICT to court’s operations today, the nation’s judiciary has developed and deployed the Nigerian Case Management System (NCMS).

    He said the system allows the filing and service of court processes electronically as well as electronic archiving of probate records.

    The CJN assured that the judiciary, under his watch, was committed to achieving lasting structural and ethical reforms that would reposition it to adequately meet the aspirations of court’s users for reliable, effective and efficient administration of justice, using ICT.

    Justice Onnoghen, who recalled his recent directive that the Supreme Court will only serve processes by electronic means (e-main) in all matters, said from July 16, “all filings must bear counsel’s e-mail address.

    I implore all judges and lawyers to join this trend in this quest for excellence by subscribing to and acquiring the legal e-mail, as the manual form of communication within the Nigerian courts is gradually phasing out,” the CJN said.

    NJI Administrator, Justice Roseline Bozimo said the workshop was intended to facilitate capacity building and further skill acquisition for participants in the area of ICT.

    Justice Bozimo noted that the workshop, to end on Friday, will feature presentations in area like Cloud computing, Internet of things (IOT) and the court’s Innovative tools or Dangerous fad, Office 365, Exchange online essential and Cyber security; Emerging threats and Mitigation strategies.

     

  • Patience Jonathan asks court to strike out judgement to forfeit $8.4m, N7.3b

    Wife of former President Goodluck Jonathan, Dame Patience, on Monday asked the Federal High Court in Lagos to strike out an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC), seeking the temporary forfeiture of her $8,435,788.84 and N7.35 billion respectively.

    She asked the court to grant an order striking out the motion filed on December 13 last year because it lacks jurisdiction to hear it.

    Mrs. Jonathan said the motion was “a gross abuse of court process” because the issues were already pending before Justice Binta Nyako of the Federal High Court in Abuja.

    “The ex-parte originating summons filed by the EFCC amounts to forum shopping, thus an abuse of court process,” she said.

    Through her lawyers, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), the former first lady said the same application had earlier been filed by the EFCC before Justice Mojisola Olatoregun of the court’s Lagos division, upon which it had obtained an ex-parte order.

    She said the same application was before Justice Nyako “over same parties to be affected by this same application.”

    She said EFCC allegedly failed to disclose the different suits and orders made prior to filing the application before Justice Olatoregun in Lagos.

    “The respondent is making great mockery of the judicial system and in extension this honourable court,” Mrs. Jonathan said.

    In a supporting affidavit, a lawyer in Ozekhome’s chambers, Chimaobi Onuigbo, said EFCC knowing that its application had been challenged in Abuja, filed the one in Lagos.

    “The respondent upon knowing that their application had been challenged has come to this court to seek same relief over same accounts and parties that it has filed same application against in all the suits already mentioned,” he said.

    The respondents in EFCC’s motion are – Mrs. Jonathan, Globus Integrated Services, Finchley Top Homes Limited, AM PM Global Network Limited, Pagmat Oil and Gas Nigeria Limited, Magel Resort Limited and Esther Oba.

    Onuigbo said their accounts had been frozen for over one year although they had not been charged with any offence by the EFCC.

  • PDP faults Obasanjo’s claims on procurement of judgement from S’Court

    PDP faults Obasanjo’s claims on procurement of judgement from S’Court

    …says we are Nigeria’s only true egalitarian platform

    The Peoples Democratic Party (PDP) says it represents the true coalition of Nigerians from across the country.

    It stated this in a statement by its National Publicity Secretary, Mr Kola Ologbondiyan, on Wednesday in Abuja.

    It said that its experience in governance and successful rebound from challenges had provided it an edge over every other existing or intended political platforms in the country.

    It also faulted claims by former President Olusegun Obasanjo in his letter to President Muhammadu Buhari, that PDP procure judgment from the Supreme Court, describing it as “unsubstantiated claims.’’

    Obasanjo’s claim on procurement of judgment amounts to an ill-intended attempt to impugn the integrity of the Supreme Court, particularly when such a claim is false and not predicated on any empirical proof.’’

    The party said that the ruling of the Supreme Court, which ended the protracted internal feud within its fold reinforced Nigerians confidence in it.

    Rather than detract, the judgment reinforced the confidence of Nigerians in the PDP as the platform that truly embodies the resilience of a genuine democratic process in the face of daunting challenges.

    Even the worst critics of PDP concede that the judgment of the Supreme Court, was unprejudiced, uninfluenced and determined completely on merit, for which it was applauded in Nigeria and across the world.’’

    It added that its December, 2017 elective National Convention was conducted in a transparent, free and fair manner, and where nobody was “kingmaker”.

    This denotes the democratic credential of the repositioned PDP to deliver credible primaries that would yield a presidential candidate Nigerians desire.’’

    The party said that there was an extensive dissimilarity between it and the All Progressives Congress (APC).

    Unlike the APC, where very few individuals from within a circle control the instrument of power and governance, the PDP remains that egalitarian platform.

    PDP remains that egalitarian platform where all Nigerians are free to express themselves, politically engage and freely aspire for any office without regard to divisive considerations.’’

     

  • Chieftaincy review: Ajimobi appeals judgement nullifying appointment of 21 monarchs

    Chieftaincy review: Ajimobi appeals judgement nullifying appointment of 21 monarchs

    Governor Abiola Ajimobi of Oyo State on Tuesday filed eleven grounds of appeal before the Appeal Court, seeking to quash the judgement of the state high court nullifying the recent elevation of some high chiefs as monarchs in the state.

    Recall that Justice Olajumoke Aiki had last Friday declared the governors appointment of the monarch null and void.

    The governor joined his predecessor, Chief Rashidi Ladoja; the Osi Olubadan of Ibadan land; Justice Akintunde Boade and other members of the Judicial Commission of Inquiry on Olubadan chieftaincy as respondents.

    Ajimobi, in a seven-page suit No: M/317/2017 filed on his behalf, before the Court of Appeal sitting in Ibadan by a Senior Advocate of Nigeria, Yusuf Ali, claimed that Ladoja who is the first respondent lacked the locus standi to prosecute the case, adding that the suit discloses no reasonable or any cause of action at all, hence “the judge erred by refusing to follow decided authorities of the appellate court cited before him and thereby embarked on clustered justice against the appellant.”

    The suit further stated that “the judge erred in law and gravely misdirected himself in holding that the case of the 1st respondent as constituted is not academic, hypothetical, and will serve no useful purpose.”

    The governor held that Ibadan chieftaincy is a matter that affects all Ibadan indigenes both within and in the Diaspora and since the 1st respondent did not allege any infringement of his right or denial of any entitlement by the act of the appellant, the case should be dismissed, stressing that, “If at all the 1st respondent has any right, which is denied, he has it in common with millions of Ibadan indigenes and was unable to show special interest to elevate his right to donate locus standi.”

    The appeal further stressed that there was no provision in the Oyo State Chiefs Law that takes away the rights of the governor from instituting a commission of inquiry to look into issues on matters on which the House of Assembly could make law.

    It therefore faulted the trial judge for resolving that the governor has no power to set up a commission of inquiry on the issue of beaded crown wearing Obas and coronet crown wearing Obas contrary to the provisions of the Chiefs law of Oyo State which donates such powers and authority to the governor.
    Meanwhile, the spokesperson for authentic Mogajis, Chief Wale Oladoja, in a telephone interview, lauded the governor for appealing the judgment, adding that the governor and the sacked Obas know the consequences of the judgment if they refuse to approach the court.

    According to him, “It is a victory for all the sons and daughters of Ibadan land both at home and Diaspora. We praise the governor for the courage to go to court. It is a welcome idea because he knows the consequence of the said court judgment. The sacked Obas also know the consequences too. Reason is that any Oba sacked by a court and eventually losses the crown can no longer live in the same town with a reigning monarch. The right thing for such an Oba to do is to leave the city but we in authentic Mogajis are hopeful that before the appeal is decided, there would be fruitful reconciliation of the matter.”

     

  • Chieftaincy review: We’re not celebrating High Court judgement – Olubadan

    The Olubadan of Ibadan, Oba Saliu Adetunji on Sunday said he and his supporters are not celebrating the State High Court’s judgment which declared the panel that recommended the review of the Olubadan Chieftaincy Declaration a nullity.

    Recall that an Oyo State High Court, on Friday, declared the panel and the activities it produced as illegal.

    This means the 21 obas crowned on the heels of the review of the chieftaincy law would forfeit their crowns, if the judgment is not upturned.

    The Olubadan said the review had divided Ibadan indigenes, adding that this did not gladden his heart as the father of all.

    His Imperial Majesty, who spoke through his Director of Media and Public Affairs, Mr Adeola Oloko, said: “We are not celebrating or humiliating anybody. For us, there is no victor, no vanquished. To be candid, the incident has divided Ibadan indigenes. This is displeasing to the Olubadan because he is the overall father of all indigenes. What we want is the unity of all Ibadan indigenes and preservation of the Ibadan Chieftaincy system.

    The high chiefs have the right to appeal the judgment. However, we shall wait for the outcome of the appeal, if they do. Otherwise, we expect them to comply with the judgment.”

    The Osi Olubadan, Senator Rashidi Ladoja, who refused to accept the beaded crown, challenged the establishment of the panel and its recommendations in court.

    Justice Olajumoke Aiki delivered the judgment in the case filed against Governor Abiola Ajimobi and Justice Akintunde Boade, who chaired the judicial commission of enquiry that reviewed the declaration.

    Ajimobi, on May 19, last year, set up a judicial commission of enquiry to review the 1957 Olubadan Chieftaincy Declaration and other Related Chieftaincies laws in Ibadan.

    Accordingly, a report was submitted by the panel last August and a White Paper on the report was published in the Oyo State Gazette No. 14, Vol. 42 by Authority on August 23, last year and the amended declaration on regulating the selection to the Olubadan of Ibadan Chieftaincies and Related Matters published in the Oyo State Gazette No. 15, Vol. 42 by Authority in Ibadan on August 24, last year.