TheNewsGuru

Tag: Judgement

  • Ibadan Chieftaincy title: We‘ll appeal judgment – Ajimobi

    The Oyo State Government says it will appeal the judgment which declared unconstitutional and illegal the Commission of Inquiry recommending the elevation of some Ibadan high chiefs to Obas.

    Justice Olajumoke Aiki of Oyo State High Court had on Friday declared the retired Justice Akintunde Boade’s Commission of Inquiry which reviewed the 1957 Ibadan Chieftaincy Declaration and other Chieftaincies as unconstitutional and illegal.

    The state government had on Aug. 27, 2017 elevated some Ibadan High Chiefs, except one and some district heads (Baales) as obas, an action which pitted them against Oba Saliu Adetunji, the Olubadan.

    The Osi Olubadan and former governor of the state, Chief Rashidi Ladoja, had filed a suit to challenge the propriety of the Justice Boade Commission of Inquiry.

    Reacting to the judgment of the court on Friday in Ibadan, Gov. Abiola Ajimobi said that the state will appeal the verdict.

    The governor made the assertion at the inauguration of a block of classrooms donated by Chief Akin Olujimi (SAN) to Community Secondary School, Ajara in Ibadan.

    Olujimi was a former Minister of Justice and Attorney General of the Federation and an indigene of Ajara community in Ibadan.

    “Today’s judgment on the Olubadan Chieftaincy review will be appealed immediately. We have embarked upon the exercise, not for joke, but for the good of Ibadan and the people.

    “We will not relent in making Ibadan great and the greatness shall come from various ways, one of which is the review exercise.

    “You should not expect people to accept change and radical policy for that matter, but we shall get there.

    “ We will not allow the forces of retrogression to overtake the progress Oyo State is making,’’ Ajimobi said.

    The governor commended Olujimi over the gesture, calling on other well-meaning Nigerians to emulate this.

    He also advised parents to provide necessary means for their wards as a means of making them proud in the future.

    The governor said that the event indicated that the School Governing Board (SGB) policy of his administration has continued to yield good results.

    Ajimobi stated that many states had enjoyed transformative outlooks through the intervention of the community in their schools.

    “APC administration since 2017 has established a foundation of peace and security that gave birth to modernisation of the state through massive physical infrastructure, opening of our tourism potentials and the rebirth of our educational policies.

    “Today, we are celebrating another milestone in the success of the SGB policy as our foremost lawyer, Chief Akin Olujimi (SAN), has reinforced our faith in restructuring our education.

    “We must all work hand-in-hand to change the face of education in our state the more as we have been getting positive results from our various policies on education. I therefore call on other people with means to do same,’’ he said.

    Earlier, Olujimi said he was happy to have contributed to the growth of education, especially in his own community.

    He said that he would donate another four blocks of classrooms to Community Secondary School, Ajara, apart from the block being inaugurated.

    The former minister called on the students to do more in their studies so as to become great in the future and pay back to their community like he did.

    “The SGB policy of the present administration is laudable as it has paved the way for somebody like me to contribute to the development of education in my locality and Oyo State.

    “It is left for you students to reciprocate this gesture by forging ahead in attaining success in your academic pursuits.

    “ The state has done its bit. It is your responsibility as beneficiaries of the progressive policy of the state administration to re-launch your efforts at achieving greatness,’’ he said.

  • Ekiti monarch falls sick in prison as court adjourns case till January 19

    The murder trial involving the Olukere of Ikere- Ekiti, Oba Ganiyu Obaasoyin, was stalled at the Ado-Ekiti Magistrate’s Court on Monday due to the monarch’s illness in prison.

    A prison officer, Mr. O. Osamuyiwa, told the court presided over by Mrs. Dupe Afeniforo that the Olukere was “seriously sick” and on admission at the prison clinic in the state capital.

    Osamuyiwa told the court that Obasoyin was to be referred to Ekiti State University Teaching Hospital (EKSUTH) due to the seriousness of his illness.

    The Olukere was arraigned for murder on December 27 last year in over violence that rocked the inauguration of his hotel, Arede Royal Suites, Ikere-Ekiti, on December 23.

    He was docked for conspiracy, attempted murder and murder alongside Adewole Sunday, Adetowoju Bode, Kayode Michael, Olowolafe Tola and Aluko Taiwo.

    The other accused persons were present in court at Monday’s proceeding.

    A heavy security cordon was woven around the court premises by officers of the Nigerian Police Force, Nigeria Prisons Service (NPS), Nigeria Security and Civil Defence Corps (NSCDC) and Department of State Services (DSS).

    Olukere’s supporters, passersby, security officers, court workers and litigants strained their necks to catch a glimpse of the prison truck marked PS 760 A01 thinking that the monarch would emerge with fellow accused persons. But that was not to be.

    People entering the court premises were frisked and asked to identify themselves before gaining entry.

    Over 20 vehicles belonging to security agencies including an Armoured Personnel Carrier (APC) were stationed within and outside the court premises.

    The Director of Public Prosecution (DPP), Mr. Gbemiga Adaramola, told the court that the state was taking over the prosecution of the case from the police.

    Adaramola told the court that his office has written for the triplicate of the case file and same has been forwarded to his office.

    Counsel to the accused persons, Mr. Ademola Adeyemi, kicked against attempts to read the charge in the absence of the monarch.

    But Magistrate Afeniforo said there was no need to raise eyebrow since the plea of the accused had not been taken.

    She consequently ordered that the accused persons be remanded in prison pending legal advice and adjourned the case till January 19.

  • PDP S’Court Judgement: Sheriff disowns social media account, says ‘I did not congratulate Makarfi’

    …Says party now in the hands of looters

    Former National Chairman of the Peoples Democratic Party, Senator Ali Modu Sheriff, has disowned a social media account on Twitter where he purportedly congratulated Senator Ahmed Makarfi as the authentic party chairman following the Supreme Court judgement on Wednesday.

    Sheriff also noted that that the party has now been handed over to those he described as treasury looters.

    TheNewsGuru.com reports that the Supreme Court on Wednesday sacked Senator Ali Modu-Sheriff who had hitherto held sway as the party’s chairman. The court reinstated Senator Ahmed Makarfi as the authentic and recognised chairman.

    TheNewsGuru.com reports that as part of efforts to start a national reconciliation process to bring aggrieved members of the party who had either defected to other parties or distanced themselves from the former ruling party, the spokesperson for the Makarfi-led committee, Prince Dayo Adeyeye, had on Thursday said it was offering Sheriff and his group “amnesty”, adding that nobody would be punished for the loss which the party had suffered since the beginning of the crisis. He, however, warned that the party would not condone further negative actions by Sheriff and his group.

    But Sheriff, who spoke through the spokesperson for the National Working Committee sacked by the Supreme Court, Mr. Bernard Mikko, said it was wrong for the Makarfi-led caretaker committee to have said the PDP would grant him and members of his former executive committee “amnesty”.

    Others in Sheriff’s camp include the party’s former National Secretary, Prof. Wale Oladipo; Sheriff’s deputy, Dr. Cairo Ojougboh, and some members of the National Assembly.

    The Sheriff-led faction also had the support of some state chapters of the party and some governors.

    Mikko, in a message sent to our correspondent, described Adeyeye’s statement as reckless, saying that “amnesty” ought to be given to those who had committed offence against the party.

    He said that Sheriff and his group did not occupy the national secretariat of the party illegally, adding that the party belonged to all.

    He said, “I take exception to the reckless statement credited to Prince Dayo Adeyeye, suggesting that amnesty has been granted to Senator Ali Modu Sheriff, his National Working Committee and supporters. Amnesty is a reprieve for those who have committed offence under our statute.”

    According to Mikko, Sheriff and his camp were forced to vacate the party’s national secretariat by the police.

    He said, “However, the office was officially reopened for us after we presented the Certified True Copy of the judgment of the Court of Appeal, Port Harcourt Division, to the Inspector- General of Police.

    “I am, therefore, concerned about the future of our party in the hands of some of those who are known to have pending criminal cases, bordering (on) fraud, treasury looting and dishonesty, with the Economic and Financial Crimes Commission.

    “The Supreme Court of Nigeria is the highest court in our land and we await the copy of the full judgment delivered on July 12, 2017.

    “No one owns the party and those making unguarded and reckless statements in the public domain should realise that the solution to the problem of Nigeria is beyond any political association. Unacceptable and unjustifiable means cannot lead to a justifiable and acceptable end.”

    On the alleged congratulatory message to Makarfi and his group, Mikko described “the alleged congratulatory message credited to an imaginary Twitter handle of Sheriff” as a fraud.

    He said, “For the avoidance of doubt, Senator Sheriff does not have or own a Twitter account and could not have tweeted any message.

    “We, therefore, view the said message as fake and mischievous and should be regarded as that of evil doers.

    “We further warn all mischief-makers to desist from trying to exploit the huge political capital of Senator Sheriff for selfish gains.”

    In its reaction, the Makarfi-led committee said it would no longer allow Sheriff and his group to distract it, adding that it would henceforth devote its time to building the party.

    It also said its time would be spent constructively criticising the APC-led Federal Government.

    Adeyeye also said the PDP no longer had factions.

    He said, “I will no longer engage them. Supreme Court is the final arbiter and it has pronounced that there is no faction in the PDP.

    “We have done the right thing by offering our hands of fellowship to them. We won’t engage them any longer because we are now one.”

  • Supreme Court Judgement: We’ll reconcile with Sheriff, other aggrieved members – Makarfi

    Supreme Court Judgement: We’ll reconcile with Sheriff, other aggrieved members – Makarfi

    Senator Ahmed Makarfi, Chairman, National Caretaker Committee, People Democratic Party (PDP), said the committee was opened to reconciliation that would strengthen the party.

    Makarfi gave the assurance while addressing members and supporters of the party after the Supreme Court judgment on the party’s leadership crisis delivered in favour of the committee on Wednesday.

    He described the judgment as “no victor, no vanquished’’ and said, “we must be open to reconciliation, but there’s a caveat.

    “Reconciliation does not mean we take what belongs to people and give it to you. It must be based on equity, equality and values.

    “With this caveat, we should be prepared and willing to reconcile with everybody.

    “Anybody that can meet these criteria, we should be willing and open to reconciliation with such a person, no matter who they are.”

    He urged Sen. Ali Modu Sheriff and his group to join hand with him to move the PDP forward.

    Makarfi also called on members of the party not to discriminate among members who belonged to different factions before the court’s judgment.

    “We should continue as friends, knowing that there are things we can do together; there may be things we may not be able to do together.

    “We are willing to do everything on the foundation that I had mentioned.

    “I urge them to come forward, join hands with us and let’s see how we can move PDP forward,’’ he said.

    Makarfi commended PDP members and the judiciary for the fair judgement, saying PDP never lost faith in the judiciary.

    “This victory is not just for PDP, it’s for democracy. This affirms the powers of political parties, the powers of the convention of all political parties.

    “The battle we fought was not a battle for PDP alone. It was a battle for democracy; it was a battle for supremacy of party men and women to decide their destiny.

    “It is a battle to do away with dictatorship in political parties and this will never repeat itself,” he said.

    He promised that the committee within the next few days would begin consultation and come up with a programme of meetings between it and expanded PDP caucus.

    “These meetings will include Expanded Caucus, Board of Trustees and National Executive Committee so that we can take far-reaching decisions on how to take the party forward.”

    On his part, Gov. Ayodele Fayose of Ekiti State and Chairman of PDP Governors Forum, said that the court verdict had placed PDP on good stand to return to power in 2019.

    Fayose said that PDP would make maximum use of the judgment to reposition the party, adding that the forum would not fight Sheriff and his loyalists.

    “We will not fight them. We should just come back together so that we can celebrate 2019 together.”

    He assured the Makarfi-led leadership of corporation of the governors, saying “where we need to speak we will speak, where we need to spend money we will spend.”

    Also speaking, the Deputy President of Senate, Mr Ike Ekweremadu, described the judgment as a collective victory for the entire party faithful and the nation’s democracy.

    “I am happy that the Supreme Court has brought this protracted leadership tussle to an end today.

    “There is no victor and there is no vanquished, but a collective victory for our party and the nation’s democracy.

    “No democracy can prosper in the absence of a virile opposition or under the extreme hardship Nigerians have faced over the past two years. Citizens deserve a viable alternative,” Ekweremadu said.

    He called on PDP leadership and elders to immediately initiate an all-inclusive peace, reconciliation and rebuilding process in the party.

    The lawmaker said that it was important to reunite everybody under the “big umbrella and reinvigorate the biggest party in Africa to bounce back to the rescue of the suffering masses of Nigeria, come 2019”.

     

    NAN

  • PDP crisis: Panic in Makarfi, Sheriff’s camps as S’Court delivers judgement today

    There is palpable tension in the camps of the two faction (Makarfi and Sheriff) of the Peoples Democratic Party, PDP, as they await the judgement of the Supreme Court over its lingering leadership crisis today (Wednesday) in Abuja.

    While the camp of the National Chairman of the party, Senator Ali Modu Sheriff, said it was expecting the apex court to deliver what it called justice, the camp of the National Caretaker Committee of the party, headed by Senator Ahmed Makarfi, said it would not speak on what might be the outcome of the case.

    Rather, it said it would wait for the judgment to be delivered before making its position known.

    TheNewsGuru.com reports that the apex court’s five-man bench, led by the Chief Justice of Nigeria, Justice Walter Onnoghen, had, on Monday, May 23, adjourned for judgment after the adoption of addresses by both parties.

    Justice Onnoghen, who reserved judgment after the hearing, is leading the five-man panel hearing the case.

    Other justices on the panel are Justices Tanko Muhammad, Bode Rhodes-Vivour, Kayode Ariwoola and Dattijo Muhammad.

    The Acting National Publicity Secretary of the PDP, Mr. Bernard Mikko, who spoke on behalf of Sheriff, told our correspondent that the crisis rocking the party would be expected to come to an end after the judgment.

    Mikko stated, “We are all eagerly waiting for the outcome of the case. We have been informed and told that the judgment will be delivered on Wednesday (today).

    “We are expecting judgment and we are expecting justice to be done.

    “It is good that the judgment will come early and allow the party to sit up and begin to work together as a true opposition political party ahead of 2019.

    “It is also noteworthy that the majority of the combatants, including the likes of Governors Ayodele Fayose and Nyesom Wike of Ekiti and Rivers states respectively, have said they will not leave the party no matter the outcome of the case.

    “In our own case, we remain members of the party irrespective of the outcome of the case. Whichever way it goes, it (the judgment) will strength our party and democracy.”

    Spokesperson for the Makarfi’s caretaker committee, Dayo Adeyeye, said he would not make any comment on the expected judgment.

    “I’m not going to speak on the expected judgment until after it must have been delivered,” he said.

    However, it was gathered that the party’s former ministers had asked members of the party to attend the court sitting in Abuja today.

    The former ministers, in a text message to some of the members of the party, which was leaked to the media, said, “Finally, the Supreme Court of Nigeria has today officially notified our great party, the PDP, of the date to deliver judgment on the suit PDP vs. Sheriff and four others.

    “Our teeming supporters and members, who are willing to attend, are hereby encouraged to do so in solidarity with the PDP. God bless the PDP! God bless the Federal Republic of Nigeria.”

    TheNewsGuru.com reports that the Makarfi faction, which has the support of the majority of the stakeholders and caucuses of the party, won the first case at the Federal High Court, Port Harcourt, Rivers State.

    Sheriff and his team, who were dissatisfied with the outcome of the judgment, approached the Court of Appeal sitting in Port Harcourt for a review of the High Court judgment.

    The former governor of Borno State won at the appeal court, but Makarfi and his team challenged the judgment at the apex court.

    The Supreme Court ruling on Wednesday (today) will however put an end to the lingering leadership crisis that has rocked the party since 2015 when it lost control of the central government.

  • Tribunal judgement: Obaseki celebrates victory, says God, people stood behind me

    Governor Godwin Obaseki of Edo has said that the Election Petition Tribunal’s judgment is a clear testimony that his victory at the Edo 2016 Governorship election is free and fair.

    Obaseki said this while speaking with newsmen in Benin on Friday after the tribunal affirmed his victory at the Edo 2016 Governorship election.

    The governor said that the judgment would rekindle his energy to work for the people of the state.

    Obaseki commended the judges and his counsel for the level of professionalism displayed in handling the election petition.

    He noted that the judgement was well-researched and clear that the opposition had no ground or merit in their petition.

    Obaseki said, ““this judgment is clearly a testimony that we won our election free and fair and that the people of Edo are solidly behind our party, APC and our government.’’

    “We thank God, we thank the judges, we thank our counsel for the amazing job they have done.

    ““We want all of you to go back peacefully and observe a wonderful holiday, ‘’ he said.

    The tribunal affirmed the victory of Obaseki as the winner of the Governorship election held on Sept. 28, 2016.

    The Peoples Democratic Party (PDP) and its candidate in the election, Osagie Ize-Iyamu, challenged Obaseki’s election, alleging widespread irregularities.

    Obaseki contested on the platform of the All Progressives Congress (APC) and was declared the winner of the election by the Independent National Electoral Commission (INEC).

  • IPOB: Court to give judgment on review of witness protection April 25

    The Federal High Court, Abuja, on Thursday reserved ruling on whether or not it will reverse its order on witness protection in the ongoing trial of Indigenous People Of Biafra, IPOB leader, Nnamdi Kanu to April 25.

    Justice Binta Nyako, on March 27, insisted that she would not review her judgment on the issue of protecting the identity of the witnesses as long they were security operatives.

    “I will not vary my order on protection of security operatives; It is either they wear a mask or are behind a screen.

    “Security operatives need to be protected not because of this case but because of the future, and so as long as the witnesses are security personnel, they will be taken behind a screen,” Nyako said.

    But counsel to the defendants maintained that since some of the charges against the defendants had been struck out, there was need for the order to be reviewed to reflect the current charges.

    At the resumed hearing on Thursday, the prosecuting counsel, Mr Shuaibu Labaran, told the court that the matter was slated for argument on the application to review the court’s decision on witness protection.

    Counsel to Kanu, Mr Ifeanyi Ejiofor told the court that he had filed an application asking the court to review its stand on protecting the identity of witnesses in the case.

    Ejiofor said that part of the reason he filed the application was on the grounds that six out of the initial 11-count charge against the defendant were struck out.

    He prayed the court to vacate the order it made allowing the prosecution witnesses to give evidence behind a shield and to instead order the witnesses to testify in an open court.

    Mr E.I Eseme, counsel to the third defendant, Benjamin Madubugwu, in his argument, also prayed the court for the same relief, adding that his application was brought pursuant to Section 6(6) of the 1999 Constitution.

    He urged the court to review the order it made on Dec. 13, 2016, to shield witnesses, set aside the order and direct that all witnesses should testify in public.

    Eseme added that his client was not standing trial for any of the offences that required witness protection.

    According to him, Section 36(4) of the 1999 Constitution provides that it is mandatory for proceedings in all criminal trials to be public.

    He noted that there was no counter- affidavit from the prosecution, adding that it could only mean that the facts were not contradicted and so they were not opposing the application.

    Mr Chukwuma Ozougwu, counsel to the fourth defendant, David Nwawuisi, also towed the same line of argument and urged the court to grant the application in favour of his client.

    Labaran, in his reply, prayed the court to dismiss the three applications on the grounds that they were frivolous and a deliberate attempt to delay the prosecution of the case.

    He told the court that the claim by the defence counsel that since he did not file a counter affidavit, the court should assume that he was in support of the application should be discountenanced.

    According to him, if the defendants have a problem with the ruling of the court that witnesses should be protected, they should appeal the decision.

    He added that moreover, it was only journalists and the general public that would not see the witnesses but only hear them as all the defendants, the lawyers and the judge would see the witnesses.

    He said the order was granted based on the discretionary powers given to the judge by Section 232 of the Administration of Criminal Justice Act (ACJA).

    Justice Nyako adjourned the matter until April 25 to rule on both the application to review the witness protection order and bail.

     

    NAN

  • S’Court fixes May 12 for judgment on Abia governorship tussle

    The Supreme Court will on May 12, deliver judgment in the Abia governorship tussle between incumbent Gov. Okezie Ikpeazu and his contender, Dr Samson Ogah.

    The apex court fixed the date on Wednesday after submissions from parties in the matter.

    TheNewsGuru.com reports that at the hearing of the appeal filed by Ogah, his counsel, Mr Alex Iziyon (SAN), urged the court to set aside the 2016 judgment of the Court of Appeal, which upheld the nomination of Ikpeazu.

    Iziyon argued that Ogah’s case was that Ikpeazu was not qualified to have contested the 2015 Abia governorship election on the platform of the Peoples Democratic Party (PDP).

    He said this was on the grounds that he supplied false information in the document he used to secure clearance for the election.

    Iziyon said that the Court of Appeal erred in law when it delivered its judgment in favour of Ikpeazu on the grounds that Ogah case was based on perjury.

    He insisted that his client never raised any criminal matter against Ikpeazu.

    He said he only claimed that he (Ikpeazu) submitted false information in his form CF001 which by provision of Section 31 of the Electoral Act 2010 made him ineligible to contest.

    The counsel further argued that the Federal High Court which removed Ikpeazu from office found that he had supplied false information in respect of his tax papers.

    He said the trial court discovered that the tax papers were dated Saturday which was not a working day.

    Iziyon urged the court to set aside the decision of the appellate court in respect of the matter and uphold the judgment of the Federal High Court.

    Ikpeazu, in objecting to the appeal, urged the apex court to dismiss it for lacking in merit.

    The governor, through his counsel, Mr Wale Olanipekun, argued that the trial court miscarried justice in its judgment.

    He said this was because the PDP guidelines and its constitution which would have aided the court to arrive at a just conclusion were not before the court.

    Based on this, he submitted that the trial judge based his judgment on extraneous considerations.

    Olanipekun said that the trial court went out of its way when it assumed that Ikpeazu did not pay tax because the tax papers were dated Saturday.

    He also said that it was wrong for the trial court to have crucified his client for perjury for a public servant, whose tax was deducted from source and confirmed by the Abia tax officers in their affidavit evidence.

    Olanipekun maintained that even if there were inconsistencies in the form CF001 of his client, the inconsistencies could not be used to disqualify him.

    This, according to him was because the provisions of Section 31 of the Electoral Act could override the provisions of Section 177 and 182 of the 1999 Constitution which both deal with qualification to stand for election.

    He therefore urged the apex court to uphold the judgment of the Court of Appeal which set aside the judgment of the trial court on account of miscarriage of justice.

    The Independent National Electoral Commission (INEC), represented by Mr Alhassan Umar, also urged the apex court to dismiss the appeal and allow the judgment of the appeal court in the matter to stand.

    The Acting Chief Justice of Nigeria, Justice Samuel Onnoghen after listening to arguments from all parties, fixed May 12 for final judgment in the matter.

    TheNewsGuru.com reports that Ogah who came second in the governorship primary election of the PDP of 2014 had approached the Federal High Court to nullify the nomination and sponsorship of Ikpeazu.

    He based his reasons on the grounds that Ikpeazu supplied false information in order to get his tax papers.

    The trial judge, Justice Okon Abang had in his judgment agreed with Ogah.

    Abang, in a judgment delivered on June 27, 2016, nullified the nomination of the governor and replaced him with Ogah as the qualified PDP candidate for the 2015 governorship election in Abia.

    The appeal court, however, in its judgment , disagreed with Abang on the grounds that the case of Ogah was based on criminal matter which was not proved beyond reasonable doubt as required by law.

     

    NAN