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Judiciary

Ekiti Guber Poll Fall Out: Court Strikes Out Suit Challenging Gov-Elect’s Candidacy

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2 years ago

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Ekiti Governor Elect, Biodun Abayomi Oyebanji
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A Federal High Court, Ado Ekiti Division, has struck out a suit filed by an All Progressives Congress governorship aspirant in the January 27 primary in Ekiti State, Kayode Ojo, challenging the emergence of the governor-elect, Mr Biodun Oyebanji, as the party candidate.

Ojo, dissatisfied with the conduct of the APC governorship primary, had approached the court, urging it to nullify what he called “gross irregularities” in the exercise.

He also faulted the use of individuals he described as political appointees as electoral committee/returning officers and consequently ordered a fresh primary.

But APC and Oyebanji, who were first and second defendants in the suit, averred that the direct primary held in all the 177 wards in the state were valid and in compliance with the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2010 (as amended), and the constitution and guidelines of the party.

While Ojo’s counsels urged the court to uphold their statement of claims and grant them the reliefs being sought, counsels to Oyebanji said that the suit was not competent, saying that the discrepancies in the originating processes had rendered the case academic.

Delivering judgment, Justice Babs Kuewumi, who upheld the preliminary objection of the counsel to Oyebanji, Mr Kabir Akingbolu, that the writ of summons and statement of claims of Ojo were defective which dealt a fatal blow to the case, threw out the case.

Justice Kuewumi said, “Due to the irregularities in the identity of the lawyers who filled the processes, the case is defective and terribly bad. As the Bible says, when the foundation is bad what can the righteous do? We must know you can’t put something on nothing, which therefore renders the entire suit as a mere academic exercise. I hereby strike out the suit.

“Having ruled on the issue of objection, there is no further judgment to deliver. The plaintiff is free to approach the higher court for appeal.”

Counsel to Oyebanji, Akingbolu, expressed satisfaction with the verdict, saying, “Before a process is filed in court, a known lawyer must sign, it but many lawyers subscribed to this originating process but there was only one signature. The law is that you must tick the name of the person who signed it and this was not done in this case.

“Again, the NBA seal, which is the authority of office for a lawyer to signal document was affixed but the name on the seal was different from the one on all the process.

“So, there was no way the court could determine whether it was signed by a clerk or whether it was signed by a street urchin or a lawyer. On the ground, the court has rightly thrown away the case and the whole thing has crumbled.”

However, Ojo rejected the judgment, saying, “The judge wrongly dismissed our case based on technicallity. Though, we believe in the santity of the court, but the judge erred in his judgement and we know the appeal court will correct the error.

 

 

 

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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3 months ago

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October 3, 2024

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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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1 year ago

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December 11, 2023

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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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1 year ago

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December 7, 2023

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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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