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Supreme Court Restores Akpabio As APC’s Candidate For Akwa Ibom North

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Godswill-Akpabio
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The Supreme Court has restored former Akwa Ibom State Governor, Godwin Akpabio as the senatorial candidate of the All Progressives Congress (APC) for Akwa Ibom North Senatorial District.

The Court of Appeal judgment delivered on November 14, 2022, which voided his candidacy was overturned.

In a unanimous judgment delivered by Justice Ibrahim Saulawa, the apex court upheld the ruling of the Federal High Court in Abuja which in September last year granted a verdict in favour of the immediate past Minister of Niger Delta Affairs.

Justice Saulawa after reviewing the arguments canvassed by Akpabio said that his appeal was meritorious and allowed.

In a lead judgment, Justice Saulawa held that the “appeal succeeds on merit and is allowed.”

The judgment was on an appeal filed by Akpabio challenging the judgment of the Court of Appeal Abuja, which set aside his victory at the Federal High Court Abuja.

In arriving at the decision, the Supreme Court in a unanimous judgment said each of the 10 issues formulated by the appellant was resolved in his favour, and against the respondent.

The Supreme Court held that the lower court lacked jurisdiction to entertain the case, adding that whatever decision arrived at by the court amounted to nullity.

It would be recalled that the Court of Appeal, Abuja had on November 14, 2022, set aside the judgment of Federal High Court Abuja, removing Akpabio as the APC candidate for Akwa Ibom North West Senatorial District.

A three-member panel of Justices led by Justice Danlami Senchi held that Akpabio failed to file a proof of arguments within the time provided by the rules.

The panel further ruled that Akpabio, having contested the presidential primary of the APC, could not participate in the valid primary of the party held on May 27 and monitored by the Independent National Electoral Commission (INEC), which produced Udom Ekpoudom as a candidate.

But Justice Emeka Nwite of a Federal High Court Abuja had on September 22, 2022, ordered the INEC to reinstate Akpabio as APC’s candidate, being the candidate nominated by the party in the second primary of June 9.

The trial court had directed INEC to accept the former Minister of Niger Delta as the APC flagbearer.

Justice Nwite also ordered INEC to publish Akpabio’s name as APC senatorial candidate for Akwa Ibom North/West senatorial district in 2023, stating that the Commission acted illegally by refusing to accept and publish the former governor’s name when it was submitted to it by the APC as its candidate.

Justice Nwite added that Akpabio was validly nominated as the Akwa Ibom North/West Senatorial District candidate of the APC from the primary conducted by the party’s National Working Committee (NWC) on June 9, 2022.

The trial Judge faulted INEC for electing to monitor the May 27 primary conducted by an illegal faction of the party led by Augustine Ekanem as against the June 9 primary conducted by the APC NWC.

 

 

Judiciary

Appeal Court Affirms IPOB As Terrorist Group

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The Court of Appeal in Abuja has affirmed the January 18, 2018 order by Justice Abdu Kafarati of the Federal High Court, Abuja proscribing the Indigenous People of Biafra, IPOB, and designating it as terrorist organisation.

In a judgment on Thursday, a three-member panel of the Court of Appeal was unanimous in holding that the Federal Government acted lawfully in proscribing the group, whose activities threatened the nation’s continued existence and the security of citizens.

In the lead judgment, Justice Hamma Barka resolved all the issues raised for determination against the appellant – IPOB and declared the appeal unmeritorious and dismissed it.

 

 

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Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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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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