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Category: Judiciary

  • BREAKING: Court Grants Ex-Minister Agunloye N50m Bail

    BREAKING: Court Grants Ex-Minister Agunloye N50m Bail

    Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court Apo, on Thursday, granted bail to ex-Minister of Power and Steel, Olu Agunloye, in the sum of N50 million.

    Agunloye was arraigned on seven counts bordering on fraudulent award of a contract and official corruption, on Wednesday.

    The judge had ordered his remand in Kuje Correctional Centre pending hearing and ruling on the bail application.

    Moving the application, the Counsel for the former minister, Adeola Adedipe, prayed the court to grant bail to his client by way of self-recognisance or in liberal terms.

    He said Argunloye is not a flight risk and that the notion canvassed by the prosecution was “born out of misconception and communication barrier”.

    Adedipe also appealed to the court not to order the use of a public servant as surety for his client.

    The senior lawyer also argued that the apprehensive misconception about bail and the mischief argued by the prosecution has been cured by Section 352( 4) of the Administration of Criminal Justice Act (ACJA).

    Under this provision, Adeola said, “Once a defendant is admitted to bail, even if he absconds, the trial will continue and he will be convicted where necessary.”

    However, the prosecution counsel opposed the bail application.

    Delivering the ruling, Justice Onwuegbuzie said the pendulum of the court swings in favour of granting bail to the defendant.

    He granted N50 million bail to the defendant and ordered him to produce two sureties in like sum.

    The sureties must be “reputable” and “people of means” resident within the FCT.

    They must have properties worth N300 million with a Certificate of Occupancy that must be verifiable.

    They must submit copies of their identity card and photocopies of their international passports to the court.

    The defendant is to submit his passport to the court and must be present for hearing at all times.

    The matter has been adjourned to February 12.

    The Economic and Financial Crimes Commission (EFCC) is investigating Agunloye over the $6 billion Mambilla Hydropower Contract.

  • Akwa ibom: Umo Eno remains Gov as S/Court dismisses APC, YPP, NNPP’s petitions

    Akwa ibom: Umo Eno remains Gov as S/Court dismisses APC, YPP, NNPP’s petitions

    The Supreme Court, Thursday, affirmed the election of Umo Eno as the governor of Akwa Ibom State, in the March 18, governorship election in the state

    The seven-man panel of the Apex court, lead by Justice Uwani Abba-Aji, dismissed the petition following the withdrawal of three separate appeals brought before it by the petitioners alleging certificate forgery.

    They failed to convinced the panel that Emo Eno Bassey and Bassey Eno Emo were not the same and as such that the governor allegedly forged his Secondary School Certificate.

    Consequently, the lead counsel to the respective parties withdrew their separate appeals as the apex court panel of Justices hinted that they have no merit.

    The Petitioners in the matter are All Progressive Congress (APC) and its governorship candidate, Akanimo Udofia, Young Progressive Party(YPP) and its gubernatorial candidate, Akpan Albert Bassey as well as that of New Nigeria People’s Party(NNPP)and its governorship candidate, John James Akpan Udoedehe.

    Their arguments especially forgery allegations did not go down well with the Apex Court Justices who queried the lawyers on whether the West African Examinations Council WAEC gave evidence to establish the criminal allegations.

    Upon admission that WAEC did not testify in the matter, the lawyers opted and separately withdrew the appeal.

    This prompted Justice Abba-Aji to dismiss them following no objections from lawyers to the various respondents.

    The Court did not award cost against any of the lawyers to the appellants having voluntarily withdrew their cases on ground of want of merit.

    The Court of Appeal in Lagos had in November last year affirmed the election of Governor Umo Eno of Akwa Ibom State in the governorship election held on March 18, 2023.

    The appellate court in its judgment dismissed three separate appeals, filed against the governor’s election.

    While affirming the September 28, 2023 judgments of the election petition tribunal, the three-member panel of Justices headed by Festus Obande dismissed the appeal brought by the governorship candidate of the Young Progressives Party, Bassey Akpan, and his party against the Independent National Electoral Commission, Eno, and the Peoples Democratic Party.

    Justice Obande also granted judgments in favour of the governor against the appeals of the governorship candidate of the New Nigeria People’s Party, John Udoedehe, as well as Akanimo Udofia, of the All Progressives Congress.

    The appellate court declared in the unanimous judgments that all three appeals lacked merit.

  • Ogun Guber: Supreme Court reserves judgment seeking Abiodun’s removal

    Ogun Guber: Supreme Court reserves judgment seeking Abiodun’s removal

    The Supreme Court has reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate, Ladi Adebutu, in the March 18, governorship election.

    Adebutu’s appeal is seeking the nullification of the declaration of Dapo Abiodun as winner of the election.

    Specifically, he is challenging Abiodun’s re-election on the ground that the Electoral Act, 2022, was not adhered to, citing corrupt practices and issues of non-qualification.

    Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which had on November 23, affirmed the decision of the Tribunal in upholding Adiodun’s victory.

    Recall that two Judges of the court below had dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Esienanwan Inyang saw merit in the petition and thereby ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return presented to Abiodun and conduct another election in 99 polling units where elections were disrupted.

    In adopting his brief of arguments, Chris Uche SAN, counsel for the appellants said INEC ought to have conducted fresh elections in 99 polling units where elections were cancelled and not declared a winner.

    He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, governorship poll.

    Abiodun Owonikoko, counsel for the first respondent(INEC), asked the apex court to dismiss the appeal.

    He maintained that governorship and presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

    Wole Olanipekun, counsel for second respondent, urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts.

    INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat his closest rival Adebutu, who polled 262,383 votes.

  • Court decides whether elections, exams can hold saturdays, March 20

    Court decides whether elections, exams can hold saturdays, March 20

    By Vivian Michael, Abuja

    Justice James Omotosho of the Federal High Court Abuja, will March 20, deliver judgment in a suit seeking to stop the conduct of elections and examinations on Saturdays.

    The court fixed the date, after listening to the arguments in the matter filed by a member of the Seventh-day Adventist Church, Mr Ugochukwu Uchenwa.

    The plaintiff, Uchenwa, who is an elder of the church, filed the suit on the grounds that fixing elections and examinations on Saturdays violated his rights and that of other members of the church, to freedom of worship.

    He is praying the court to declare the fixing of elections and examinations on Saturdays as unconstitutional.

    In the alternative, the plaintiff, prayed the court to order the defendants to allow him and other members of his church to vote or write examinations on any other day of the week including Sundays.

    Listed as defendants in the suit are the President, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC) and the Minister of Internal Affairs.

    Others, are the Joint Admission and Matriculation Examinations, JAMB, the National Examination Council, NECO, West African Examination Council, WAEC, the National Business and Technical Examination Board, Council of Legal Education and the Ministry of Education.

    At Wednesday’s hearing, counsel to the plaintiff, Mr Benjamin Amaefule told the court that his client was only seeking an enforcement of his fundamentals right to freedom of education and freedom to participate in elections.

    Amaefule told the court that his client was seeking among others, a declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day”, was a violation of his fundamental rights to freedom of worship.

    “It is also a violation of conscience, profession and free practice of faith and right to participate freely in the government of the applicant and that of entire members of the Seventh-day Adventist Church, Nigeria”.

    He maintained that fixing examinations and elections on the “Sabbath day of the Lord ”, was also a violation of right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.

    The plaintiff asked the court for some reliefs including a declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” was unconstitutional.

    “It is a violation of the fundamental rights of freedom of conscience, profession and free practice of faith of the members of the Seventh-day Adventist Church Nigeria”.

    He prayed the court for an order restraining INEC from further violating the rights of members of the Seventh-day Adventist Church by holding elections on Saturdays.

    “In the alternative, order INEC to mark out a different day for the members of the church to participate in their own election if the INEC cannot schedule and hold the elections on a day other than on Saturdays”.

    “An order restraining the 5th to 8th respondents from scheduling and conducting compulsory public examinations on Saturdays, without making option for the members of the Seventh-day Adventist Church to write their exams on days other than Saturdays.

    “An order mandating the 10th respondent to cease from conducting any academic programme or activities on Saturdays, the Sabbath day of the Lord without giving members of the Seventh-day Adventist Church a different day to participate in such academic activities by itself or through any of its department.”

    The plaintiff also asked the court to make an order mandating the 1st and 2nd respondents (the President and the AGF) to declare Saturdays as public holiday just the same way Sundays are public holidays.

    Moreover, he insisted that Sunday was the first day of the week while Saturday was the seventh day of the week, hence the Sabbath day.

    Responding on behalf of the President and the AGF, Maimuna Shiru told the court that she filed a 17- paragraph affidavit on behalf of her client in opposition to the suit.

    She prayed the court to dismiss the suit for lacking in merit.

    For his part, counsel to WAEC, Mr Friday Chorio argued that Nigeria was a circular state as it had not adopted any religion as its own.

    According to Chorio, the constitution provides that Nigeria shall not adopt any religion as its own.

    “In this circumstance, the plaintiff is seeking for an interpretation of the law that Saturday should be fixed as a holy day for the Seventh-day Adventist church.

    “We have so many laws that provide for holidayw. Section 4 of the Public Holiday Act provides and declares Sunday as a public holiday so government activities cannot take place on Sundays.

    “Anybody can adopt Sunday as his or her own holiday so you cannot come to court and ask the court to declare Saturday as a public holiday.”

    For the Joint Admissions and Matriculation Board, (JAMB), Safinat Lamidi told the court that she filed a preliminary objection praying the court to dismiss the suit as it lacked the jurisdiction to entertain it.

    Meanwhile, the matter for adjourned till March 20 for judgment.

  • Adamawa Guber: S/Court affirms Gov Fintiri’s election

    Adamawa Guber: S/Court affirms Gov Fintiri’s election

    The Supreme Court has affirmed the election of Governor Ahmed Fintiri as the authentic governor of Adamawa State.

    This is following the withdrawal of an appeal brought before it by the Social Democratic Party(SDP) and its governorship candidate, Dr Umar Ardo, challenging Fintiri’s victory for want of merit.

    SDP and its candidate had scored 6,000 votes and challenged the declaration of Fintiri and the Peoples Democratic Party, PDP, who polled over 430,000 votes at the March 18, 2023 election.

    Specifically, Ardo and his party argued that the election was not conducted in compliance with the provisions of the Electoral Act 2022.

    The appellants in their submissions through Sylvester Imhanobe, upon discovering the hint of the apex court, the appellants withdrew their appeal, having been found unmeritorious.

    Justice John Inyang Okoro, who led a 5-man panel of Justices of the Court, dismissed the appeal without any cost against the appellants, thereby, affirmed the election of Fintiri as being validly elected and lawfully declared as the Governor of Adamawa State.

    Ardo and his party had filed a petition at the Adamawa Governorship Election Petition Tribunal after Fintiri, the candidate of PDP, was declared the winner of the poll.

    The petitioners had sought the nullification of Fintiri’s election on the grounds that there was substantial non-compliance with the Electoral Act, corrupt practices, threats, and violence during the voting exercise.

    However, the tribunal, led by Theodora Uloho, dismissed the petition for being incompetent and not properly filed.

    They, however, headed to the Supreme Court for further interpretation.

  • Abia Guber: S/Court reserves judgment in PDP’s appeal against Otti

    Abia Guber: S/Court reserves judgment in PDP’s appeal against Otti

    The Supreme Court of Nigeria, yesterday, reserved judgment in an appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Okey Ahiwe, seeking the nullification of the election of Alex Oti as the Governor of Abia State.

    The five-man panel of the justices lead by Justice John Inyang Okoro, reserved the judgment till a date to be communicated to parties after taking their final arguments.

    The PDP in it’s argument, alleged that Ahiwe was short-changed with over 84,000 votes during the collation of the governorship election results.

    The party, had through it’s counsel,
    Uche Ihediuwa, SAN, alleged that the agent of the PDP was chased away at the collation center and as such, was not obliged a copy of the results as required by law.

    He claimed that his client had to approach the All Progressives Congress (APC) before it could access results sheets and discovered the alleged malpractices.

    The governor, in his defense asked the court to dismiss the appeal for wants of merit.

    Gov. Otti, represented by Abiodun John Owonikoko, SAN, informed the court that Otti scored over 174,000 votes at the March 18, 2023 governorship election to emerge victorious, adding that even if the purported 84,000 short-changed votes were added to PDP, the appellants would still not win.

    He noted that a purported result sheet produced by the PDP before the State Governorship Election Petitions Tribunal was rejected because it could not be read by the witness of the party.

    Gov. Alex Otti of the Labour Party(LP) was declared the winner of the governorship election in the Abia State by the Independent National Electoral Commission (INEC) on 22 March.

    He polled 175,466 votes to defeat his closest rival, Ahiwe of the PDP, who scored 88,529 votes.

    However, not satisfied with the out come of the election, Ahiwe and the governorship candidate of the All Progressives Congress (APC), Ikechi Emenike, separately challenged Otti’s victory at the tribunal.

    On 6th October 2023, the Tribunal dismissed the petitions by Ahiwe and Emenike and affirmed Otti’s election, which was later affirmed by the Appallate court.

  • Plateau guber: S/Court reserves judgement on Gov Mutfwang’s appeal

    Plateau guber: S/Court reserves judgement on Gov Mutfwang’s appeal

    The Supreme Court of Nigeria, Tuesday, reserved its judgement on appeal instituted by the Governor of Plateau State, Caleb Mutfwang, challenging the nullification of his election by the Court of Appeal.

    A five-member panel of the apex court, led by Justice Inyang Okoro, adjourned the appeal for judgement, after all the parties argued their case and adopted their processes.

    In his argument, Governor Mutfwang, through his counsel, Chief Kanu Agabi, SAN, prayed the court dismiss the judgement of the Court of Appeal in Abuja, which sacked him from office.

    Agabi, SAN, argued that after the tribunal properly evaluated both documentary and oral evidence that were adduced by the parties, dismissed as lacking in merit, the petition that was lodged against the outcome of the governorship election by candidate of the All Progressives Congress(APC)Mr. Nentawe Goshwe.

    He further submitted that the onus of conducting a primary election to select candidates to be sponsored in an election, rests on the National Executive organ of the party.

    “A number of exhibits were tendered to prove that valid Congress was conducted and monitored by the Independent National Electoral Commission, INEC.

    “A video was played before the tribunal showing that congresses held and the person that instituted the court action was see in the video, participating in the process.”

    Concluding, he posited that the sponsorship and nomination of a candidate in an election, being a pre-election issue, was of jurisdiction of both the tribunal and the appellate court.

    On his part, the APC candidate, through Prof. Joseph Olatoke, SAN, asked the court to uphold the Court of Appeal judgement that ordered the INEC to issue Certificate of Return.

    He insisted that his is the candidate that garnered the highest number of valid votes in the governorship poll.

    According to him, PDP’ is structureless in the state, as it refuses to elect its State Executives as ordered by the court, hence, not capable of presenting a valid candidate in the governorship election.

    In the same vern, counsel to the APC, Mr. Omosanya Popoola, asked the court to uphold the judgement that sacked the Appellant from office.

  • Unlawful detention: Court orders EFCC to pay Emefiele N100m

    Unlawful detention: Court orders EFCC to pay Emefiele N100m

    The Federal Capital Territory High Court sitting in Maitama, Monday, declared the prolonged detention of the former governor of Central Bank of Nigeria, Godwin Emfiele without trial as a flagrant violation of his fundamental right.

    Consequently, Justice Kayode Adeniyi ordered the payment of N100million as fine against the Federal Government and the Economic and Financial Crime Commission (EFCC).

    The judgment was given in a fundamental human rights suit filed by the former CBN governor following his prolonged detention in the custody of the Department of State Services.

    In his argument, the embattled former CBN governor prayed the court for an order to mandate the respondents to pay N1billion damages to him and to restrain the prosecutor from further arresting and or detaining him.

    Recall that the ex-CBN was arrested on June 10, shortly after his suspension by President Bola Tinubu.

    The Federal Government, the Attorney General of the Federation, the Economic and Financial Crimes Commission, and its chairman were mentioned as the respondents in the matter.

    Delivering the judgment on Monday, Justice Kayode Adeniyi also restrained the FG and its agents from re-arresting or detaining Emefiele without an order of court.

    He said,” It is hereby declared that the actions of the first and fourth respondents and its agents in incarcerating the applicants from June 13, 2023, to October 26, 2023, when he was transferred to the custody of the fourth respondent and his further detention by the third and fourth respondents without arraignment in the court of law for the commission of any offence up until November 8, 2023, when by the order of this court when the applicant was released on bail to his senior learned counsel constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty preserved by the provision of section 35 of the constitution of the Federal Republic of Nigeria, 1979 and Article 6 of the African charter on human and peoples right.

    “Also, a sum of 100m only is hereby awarded in favour of the applicant against the first and fourth respondents jointly as damages for the unlawful violation of his fundamental right to his personal liberty.

    “Without prejudice to the powers of the court with respect to the criminal trial, the applicant is currently facing at the High Court of the FCT, the respondents are hereby restrained either by themselves, their officers, agents, or any person acting on their behalf from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction,” Justice Adeniyi ruled.

  • Benue Guber: Supreme Court affirms Rev Alia’s election

    Benue Guber: Supreme Court affirms Rev Alia’s election

    The Supreme Court has affirmed the election of Hyacinth Alia of the All Progressives Congress (APC) as governor of Benue State after the Apex Court dismissed the appeal of Titus Uba of the People’s Democratic Party (PDP).

    A five-member panel of the Supreme Court dismissed the appeal after counsel for the PDP governorship candidate, Sebastian Hon, SAN withdrew the appeal challenging APC victory in the March 18 governorship election.

    Hon, a Senior Advocate, withdrew the appeal after getting a hint from the Apex Court panel that the matter before it was one bordering on nomination and as such a pre-election matter.

    Consequently, the Apex court five-man panel, presided by Justice Inyang Okoro upheld the governorship election that produced Rev Hyacinth Alia, as the Benue state governor legal.

    Details later…

  • Kwankwaso Holds Special Prayer Session Ahead Of Supreme Court Verdict

    Senator Rabiu Musa Kwankwaso, the leader of the Kwankwasiyya political faction, organized a special prayer gathering at his residence in Kano on Monday. 

    This prayer session was aimed to implore divine intervention from God regarding the eagerly awaited Supreme Court decision on the Kano gubernatorial dispute.

    The Islamic group, Mu’assatul Kwankwasiyya, orchestrated this prayer session, with prominent figures like Mallam Yahaya Sufi, Mallam Ashiru Nata’ala, Mallam Bazallahi Nasiru Kabara, and Mallam Sadiq Isiyaku Rabiu leading the prayers. 

    Their supplications included seeking success for Governor Abba Kabir Yusuf in the Supreme Court ruling and praying for the continued peace and harmony within the state.

    This session saw the presence of certain members of the current administration’s cabinet, other political appointees, and supporters affiliated with the Kwankwasiyya movement. 

    The Supreme Court, under the stewardship of Justice Inyang Okoro and a panel of five justices, on Sunday reserved its judgment subsequent to hearing arguments from legal representatives involved in the case.