FG Withdraws Terrorism Charges Against Miyetti Allah President

The President of Miyetti Allah Kautal Kore, Alhaji Bello Bodejo became a free man on Wednesday after the Federal Government withdrew alleged terrorism charges filed against him. The charges against Bodejo were withdrawn by the office of the Attorney-General of the Federation (AGF) on resumption of the trial on Wednesday. Upon resuming hearing, the lawyer to the AGF, Aderonke Imana, moved an oral application for the withdrawal of the three-count charge The lawyer said the application was under Section 108 of the Administration of Criminal Justice Act (ACJA), 2015. She said the request was further predicated on the power of the AGF under Section 174 of the 1999 Constitution (as amended). “Consequently, the Honourable Attorney-General of the Federation has instructed me to withdraw this charge against the defendant in the interest of justice. “That is our humble application my lord,” she said. Bodejo’s team of lawyers, including Johnson Usman, SAN, but led by Ahmed Raji, SAN, did not oppose the application. The senior lawyer thanked the AGF, Lateef Fagbemi, SAN, for his “magnanimous gesture.” “We urge your lordship to discharge the accused person under the sections refers to by the prosecutor,” Raji said. Justice Inyang Ekwo, in a short ruling, thereafter discharged Bodejo. Ruling, Justice Ekwo said though the matter was slated for commencement of trial, however, the prosecution applied to withdraw the charge citing relevant sections of the law. “The court is hereby moved to consider the application for the discharge of the defendant. “Consequently, an order is hereby made discharging the defendant. That is the order of this court,” the judge declared. Bodejo was arrested on the alleged raising up an armed militia in detriment of the nation’s unity.

Court decides ALGON’s authentic Nat’l Chairman, April 30

Justice Inyang Ekwo of the Federal High Court Abuja, will on April 30, decide the case seeking a declaration that Akolade David Alabi is not qualified to be national chairman of the Association of Local Government of Nigeria (ALGON). Petitioners in the suit are the Incorporated Trustees of the Association of Local Government of Nigeria (ALGON), Honorable Abubakar Abdullahi and Honorable Shaban Oyinoyi Shuabu. Specifically, they maintained that Alabi, who was chairman of Bariga Local Council Development Area in Lagos State at the time, cannot be president of the association as Bariga is not among the country’s 774 Local Government Areas. The Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank(first to third respondent), the Attorney-General of the Federation, Corporate Affairs Commission (CAC), Inspector General of Police, State Security Services(SSS) and Honorable Alabi Akolade David( fourth to eight respondents) are the Respondents. In their originating summons filed by Barrister Bartholomew Opara, they maintained that Alabi is not eligible to be ALGON chairman as he was not a local government chairman as contemplated by the 1999 Constitution, the Constitution of ALGON and a Supreme Court decision which had touched on the disput. He argued that Alabi had been removed by ALGON’s National Executive Council in 2019 but he keeps parading himself as chairman. Therefore, he prayed urged the court to affirm the removal of Alabi by NEC and perpetually restrain him from further parading as such. Responding, Counsel to Alabi, Wahab Shittu, in a counter affidavit and preliminary objection, urged the court to decline jurisdiction on the matter. At the resumed hearing on Friday, Okpara, adopted his originating summons and response to the eight defendant’s counter affidavit, asking the court to grant his prayers in the interest of justice. But Shittu told the court to strike out the case and dismiss the entire suit for lack of jurisdiction and for being incompetent. He added that the entire case rests on the constitution of ALGON and the only person that can be sued is the national president but the person sued is the national chairman. The court did not attend to the party seeking to be joined because of the issue of jurisdiction raised by Shittu. Part of his reliefs sought read,” “A Declaration that all the findings and resolutions of the 1st Claimant’s General Assembly convened on 30th May 2020 remain extant and binding on all and sundry; particularly, the resolution affirming its National Executive Council’s decision which removed the 8th Defendant as 1st Claimants National Chairman on 6th September 20I9; and the inauguration of an Interim Management Committee (IMC) mandated to set up an electoral committee for the conduct of a substantive Chairmanship election for the 1st Claimant. “An Order annulling or setting aside the purported General Assembly convened at the 8th Defendant’s instance on 24th March 2021, including all the activities carried out on the said date, to wit: purported resolutions arrived at, amendment of the ALGON Constitution, election /appointment of the 6th & 8th Defendants, alongside their cronies, to different offices. “An Order for the 1st, 2nd, 3rd, 4th, 5th, 6th & 7th Defendants to forthwith recognise, deal and or relate with the National Chairman of the 1st Claimant, and other persons, who emerged from the election conducted by the electoral committee set up by the Interim Management Committee (IMC) as occasioned by the resolution of the general assembly convened on May 30, 2020.” After listening to their argument, the case was adjourned to April 30th for judgement.

Court declares Sen. Anyanwu authentic PDP national secretary

Justice Inyang Ekwo of the Federal High Court, Abuja, has declared Sen. Samuel Anyanwu, the authentic National Secretary of the Peoples Democratic Party (PDP). Therefore, the court made an order of injunction, restraining the national leadership of the PDP from appointing any person as acting national secretary when Anyanwu’s four-year tenure is still running and subsisting until Dec. 9, 2025, in line with the party’s constitution. Justice Ekwo also declared that any meeting held or resolution reached by the party to prematurely remove or prevent Anyanwu from exercising the powers of his office would be in violation of Article 47 (1) of the PDP Constitution (as amended in 2017), hence, becomes null and void and of no effect. The judge also restrained the Independent National Electoral Commission (INEC) “from recognizing any purported appointment of any person as national secretary of the party whether in acting capacity or otherwise other than Anyanwu, the elected national secretary of the 1st defendant (PDP).” Recall that the court had, on Nov. 23, 2023, stopped the PDP from removing Anyanwu as national secretary pending the hearing and determination of the substantive matter. The order followed an ex-parte motion by Dr Joshua Musa, SAN, on behalf of two members of the party; Geoffrey Ihentuge and Apollo’s Godspower. While Ihentuge is the Ikeduru Local Government chairman of the PDP in Imo, Godspower is the PDP chairman in Owerri Municipal Local Government of the state. The plaintiffs had sued the PDP; Umar Damagun, party’s acting national chairman; National Executive Committee (NEC); the National Working Committee (NWC) and INEC as 1st to 5th defendants respectively. The plaintiffs, who sought five reliefs, prayed for an order of interim injunction, restraining the 1st, 2nd, 3rd, and 4th defendants from carrying out the threat to remove the national secretary (Anyanwu). This, they said, was in violation of the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice. They argued that Anyanwu was duly elected on Dec. 10, 2021, and was entitled to remain in office till Dec. 9, 2025. They said that an elected national officer of the 1st defendant cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution. But in the 1st, 2nd, 3rd and 4th defendants’ counter affidavit, the party’s leadership averred that contrary to the plaintiffs’ argument, Anyanwu applied for leave of absence to enable him concentrate on his election as PDP candidate in the Imo governorship poll which took place on Nov. 11, 2023. They, therefore, said that contrary to Paragraphs 22 and 23 of the plaintiffs’ affidavit, the NWC approved the deputy national secretary to act in place of the national secretary as provided for in Article 36(2) of the party’s constitution. Meanwhile, when the matter was called for judgment, two lawyers announced appearance for parties interested to be joined in the suit. While G.E Ejekela announced appearance for Dr Ali Odefa, the national vice chairman of South East of PDP, P.O. Akpogwu represented Hon S.K.E. Ude-Okoye, who was listed as national secretary of the party. But plaintiffs’ counsel, Musa, called the attention of the court to Ude-Okoye’s motion for joinder filed on his behalf. The senior lawyer said though the motion was filed yesterday, he had responded to it. He, however, faulted the process on the grounds that the exhibits attached to the one served on him were different from the exhibits attached to other parties’. After much arguments, Akpogwu applied to withdraw the motion for joinder and the plaintiffs’ lawyer sought a cost of N1 million but the judge awarded a N100, 000 fine against the lawyer for filing an untidy process. Moving his motion for joinder on Odefa’s behalf, Ejekela said the application dated Dec. 22, 2023, was filed on Dec. 27, 2023. He urged the court to grant their prayer. But Musa, who opposed the plea, said a counter affidavit had been filed. He argued that the application was an attempt to arrest the judgment, urging the court to dismiss it for constituting an abuse of court process. Justice Ekwo then stood down the matter for ruling and judgment. Delivering the ruling, the judge dismissed Odefa’s motion for lack of merit and for being an abuse of court process. In his judgement, Ekwo held that the plaintiffs had been able to demonstrate, with credible evidence, the threat and move by the PDP leadership to remove its national secretary without due compliance with the provisions of the party’s constitution. “The court is duty bound to prevent that from happening. “The plaintiffs do not have to wait until the 1st — 4th defendants carry out their threat before coming to seek redress. “In such situation, the court is bound to grant the reliefs sought by the plaintiffs.”

Imo Guber: Court Denies Apapa’s Faction Motion To Stop LP Candidate 

Justice Inyang Ekwo of the Federal High Court, has refused Lamidi Apapa’s faction prayer to stop the candidate of Labour Party, Chief Athan Achonu from participating in Saturday’s Governorship election in Imo State. Ruling in an ex-parte application argued by counsel to the faction, Mohammed Ndarani Mohammed SAN, the court rather ordered Apapa and his group members to put the Independent National Electoral Commission (INEC) on notice on the existence of the suit to enable it put up its defense. The faction had in the ex-parte application marked FCH/ABJ/CS/1357/2023, asked for an interim injunction restraining INEC from recognizing or according recognition to any other person laying claim to the gubernatorial ticket of the party in Imo State slated for November 11 other than Chief Ukaegbu Ikechukwu Joseph who emerged from Apapa led.primary election of April 16, 2023. They also prayed for an order of mandatory injunction, compelling INEC to recognize and upload the name of Ukaegbu Joseph as the authentic gubernatorial and flag bearer of the party in Imo State. The faction further demanded for a mandatory order against INEC that the name of Lamidi Apapa be uploaded as the national chairman of the party as well as Alhaji Lawal Saleh as national secretary. In the ruling, Justice Ekwo turned down the request and ordered the faction to turn the ex-parte motion to motion on notice and serve same on INEC being the sole defendant in the suit. “I am not granting you this application today and you have to bring INEC to Court to come and explain its own side in this matter,” the Judge said. Meanwhile, the Judge has fixed further mention in the matter till November 10 to enable Apapa’s faction present its grievances and INEC to respond with its defense.

N52bn SPW Disbursement: Lawyer threatens NDE with court action

An Abuja-based legal practitioner and social crusader, Abdulazeez Tijani has invoked the Freedom of Information (FOI) Act against the National Directorate of Employment (NDE), demanding details of the disbursement of N52bn to some youths under former President Muhammadu Buhari’s Special Public Work (SPW) policy. The disbursement of the N52bn approved and released to NDE by the former President was said to have been supervised by the office of the immediate past Minister of State for Labour and Employment, Mr. Festus Keyamo. Keyamo who was taken up on the issue by some Senators during his screening as a Ministerial nominee had claimed on the floor of the Senate that all registers and records of the beneficiaries are domiciled with the NDE. Keyamo had told the lawmakers that the account details and Bank Verification Numbers (BVN) of the 774,000 youths who benefited under the SPW policy of former President Buhari can be accessed under the NDE. Armed with Keyamo’s revelation, the lawyer cum social crusader, in a letter to the Director General of the NDE applied for Certified True Copies of the list of the 774,000 beneficiaries, their account details and evidence of disbursement to the accounts. He cited section 1 (1) of the Freedom of Information Act 2011, the enabling law to back up his demand for the N52 billion naira payment facts. In the letter dated August 10, 2023, and received the same day in the NDE Headquarters in Abuja, the lawyer claimed that as a law-abiding citizen of Nigeria, he became curious to know the true state of affairs in relation to the Special Public Works involving 774,000 youths and disbursement of N52bn to them as claimed in the Senate by the former Minister. In compliance with the Freedom of Information Act, the legal practitioner said he will undertake to be responsible for the cost of production of the demanded documents. In the letter obtained by our correspondent, the lawyer warned the NDE Director General to take the 30-day ultimatum as a pre-action notice and act within the period to meet up with his demands in line with the provision of the enabling law. The legal practitioner warned that unless his demands are met, he would have no option than to approach the Federal High Court for an order of Mandamus that would compel approval of his demands. It will be recalled that the sum of N52 billion was allocated for the SPW programme which was coordinated by the NDE under the supervision of the then Minister of State for Labour and Employment. The programme was targeted at employing 1,000 unskilled youths in each of the 774 local government areas for three months across the country. The beneficiaries were expected to engage in public service works and receive a monthly stipend of N20,000 each for three months.