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Abiodun wins as tribunal strikes out PDP

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Ogun State Governor Dapo Abiodun
Ogun State Governor Dapo Abiodun
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………. Adebutu’s Reply on vote buying allegation

The Governorship Election Petition Tribunal sitting in Abeokuta, Ogun State, on Monday struck out the vote buying allegation, levelled against Governor Dapo Abiodun and the All Progressives Congress (APC) by the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu.

Adebutu had dragged Governor Abiodun and the APC to the tribunal challenging their declaration as the winner of the 18, March 2023 governorship election in the state.

But the governor’s lawyers, led by Chief Wole Olanipekun (SAN), in their defence to the petition, made weighty allegations backed up with police report, establishing that Adebutu and the PDP engaged in vote buying during the elections.

On 22 May, 2023, Adebutu and the PDP filed a reply to the defence by Governor Abiodun and the APC, also levelling vote buying allegation against the ruling party.

The Governor’s lawyers, represented by Prof. Taiwo Osipitan (SAN), however, filed an application asking the Tribunal to strike out the Reply in its entirety or in the alternative, to strike out offending paragraphs from that Reply.

Osipitan argued that the Reply filed by Adebutu and PDP contravenes paragraph 16(1) (a & b) of the Electoral Act and the rules of court pleadings.

While ruling on the matter, the Chairman of the Tribunal, Justice H.N. Kunaza, agreed with the submissions by Prof. Osipitan

In the ruling, supported by the other two members; Hon. Justice J.B. Egele and Hon. Justice Sannusi Shehu, the Tribunal overruled Adebutu’s lawyers, led by Chief Goddy Uche (SAN), saying that the application filed by the Governor’s lawyers was not the kind of application that the Constitution requires to be determined at the end of proceedings in judgment.

Relying on relevant provisions of the Constitution, the Tribunal held that only applications that challenge the tribunal’s jurisdiction or the competence of a petition will be deferred till judgment whereas the application filed by Governor Abiodun’s lawyers was not that kind of application.

The Tribunal also held that the Reply by Adebutu and PDP was incompetent for multiple reasons.

The Tribunal identified some paragraphs which contained unnecessary and repetitive allegations, others, which contained arguments and legal conclusions (which are not allowed in replies), and some paragraphs which were an improper expansion of the petition earlier filed.

The Tribunal noted that in their petition, Adebutu and PDP alleged that Governor Abiodun and APC committed corrupt practices during the gubernatorial elections. The Tribunal further noted that vote buying is a specie of corruption and that if PDP and Adebutu truly believed that APC engaged in vote buying, the petitioner ought to have included those allegations in their petition from the start, which they did not do.

The Tribunal noted that if the Reply filed by Adebutu and PDP was permitted, there was a risk to prejudice, surprise, or even shut out Governor Abiodun and APC on the issues raised in that Reply.

The Tribunal denounced Adebutu and the PDP for coming up with the vote-buying allegation only after APC and Governor Abiodun had done same against them.

With this backdrop, the Tribunal unanimously concluded that Governor Abiodun and APC would be prejudiced if the Reply filed by Adebutu and PDP is allowed.

The Tribunal held that when Governor Abiodun and APC filed their defence, they joined issues with Adebutu and PDP; that by joining issues, the parties fixed the dispute; and that it was improper to go outside those issues in the Reply.

The Tribunal also found that it was unnecessary to file a Reply in the circumstance, as held in several decisions of the Supreme Court and the Appeal Court.

The Reply was accordingly struck out.

With this ruling, only the allegation of vote buying made by Governor Abiodun and APC against Adebutu and the PDP would be entertained by the tribunal.

Jelili Owonikoko (SAN), represented INEC, while the APC team was led by Chief Onyeazu Ikpeazu (SAN).

It would be recalled that Adebutu and PDP leaders in Ogun State have been charged for the offence of vote buying by the Federal Government, a situation that has led to Adebutu being a fugitive to the law.

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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VIO Vehicles
VIO Vehicles
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The Federal High Court in Abuja has curtailed the powers of the Directorate of Road Traffic Services (VIO), barring it from stopping and impounding vehicles or imposing fines on motorists across Nigeria’s capital.

Justice Evelyn Maha, on October 2, 2024, delivered this judgment in response to a fundamental rights enforcement lawsuit initiated by public interest lawyer Abubakar Marshal.

The court found that the VIO, along with other enforcement officials, lacked the legal authority to halt vehicles or penalise drivers.

The ruling impacts the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), who were all named as respondents.

Justice Maha ruled that none of these parties, under the Minister’s authority, could justify the seizure of vehicles or the imposition of fines on road users.

The judge further issued a perpetual injunction prohibiting these officials and their agents from infringing on the rights of Nigerians to move freely, asserting that any such actions violate constitutional rights, including the presumption of innocence and the protection of personal property.

This ruling reinforces motorists’ rights and limits the powers of the authorities in vehicle-related enforcement without legal grounds.

 

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Judiciary

27 Rivers Assembly Lawmakers Dump PDP For APC

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Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike
Rivers State Assembly Complex. Insets: Governor Siminalayi Fubara (L) with FCT Minister, Nyesom Wike
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The Current political drama in Rivers State has taken a new turn as 27 members of the Rivers State House of Assembly have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

A member of the Assembly, Enemi George, confirmed to Channels Television that the 27 lawmakers were under the leadership of Martin Amaewhule.

He said the decision was taken during their sitting on Monday morning.

For weeks, Amaewhule and another member, Edison Ehie, have been embroiled in a Speakership tussle. Amaewhule is believed to be loyal to ex-governor Nyesom Wike while Ehie is known to be in the camp of Governor Siminalayi Fubara.

The Assembly under Amaewhule had in October served an impeachment notice on the governor and removed Ehie as the House leader. However, some members of the Assembly loyal to Fubara immediately impeached Amaewhule and made Ehie the new Speaker.

The crisis in the 32-member Assembly had begun as a result of a rift between Fubara and his predecessor, Wike, who is now the Minister of the Federal Capital Territory (FCT).

Though the two politicians have both attended same public events in the last few weeks and all seemed to have been settled but with Monday’s defection of 27 lawmakers from the PDP to the APC, more drama might unfold in the state’s political arena.

Meanwhile, some political players from other parties over the weekend announced their defection to the PDP.

Leading the defectors from the Social Democratic Party (SDP) and the APC were the deputy governorship candidate of the SDP in the 2023 election, Patricia Ogbonnaya; and former Ahoada-West Chairman, Karibo Wilson.

They decamped alongside their supporters and other party excos.

The politicians dumped their former parties to pitch tent with the PDP group loyal to Fubara.

Also in attendance were some of the Ehie-led group of lawmakers, with the member representing Ahoada West, Goodboy Sokari representing the governor alongside Oko Jumbo from Bonny Constituency.

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Judiciary

NJC Recommends Appointment Of 11 Supreme Court Justices

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Entry Point to Supreme Court Complex Abuja
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The National Judicial Council (NJC) has recommended the appointment of 11 justices to the Supreme Court.

A statement by the apex court’s Director of Information, Soji Oye, said the recommendation was made at the 104th meeting of the council in Abuja on Wednesday.

The recommended candidates would be sworn-in after the approval of their recommendation by President Bola Tinubu and the subsequent confirmation of their appointment by the Senate.

With this appointment, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

Those recommended for appointment to the Supreme Court are:

Hon. Justice Jummai Hannatu Sankey, OFR
Hon. Justice Chidiebere Nwaoma Uwa
Hon. Justice Chioma Egondu Nwosu-Iheme
Hon. Justice Haruna Simon Tsammani
Hon. Justice Moore Aseimo A. Adumein
Hon. Justice Obande Festus Ogbuinya
Hon. Justice Stephen Jonah Adah
Hon. Justice Habeeb Adewale O. Abiru
Hon. Justice Jamilu Yammama Tukur
Hon. Justice Abubakar Sadiq Umar
Hon. Justice Mohammed Baba Idris

The NJC at its last meeting for the year also recommended the appointment of Justice Mohammed Ramat to the Court of Appeal, as well as six heads of courts and 26 other judicial officers.

The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly.

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