Court refuses to stop terrorism charges against Fubara’s 5 loyalists

The Federal High Court Abuja Friday, refused to grant the request of the five loyalists of Governor Siminalayi Fubara of Rivers State to stop the Inspector General of Police IGP from proceeding with their prosecution on terrorism offences. They are before the court seeking to stop the IGP on the ground that they can only be put on trial on terrorism charges by the Attorney General of the Federation (AGF) and Minister of Justice. Justice Mobolaji Olajuwon in a ruling on their preliminary objections raised against the IGP held that the defendants were wrong in their claims that only the AGF can put them on trial. Justice Olajuwon said that the law especially sections 3, 63 and 74 of Terrorism Prevention Act were clear to the effect that while the AGF has Constitutional.power to strengthen the terrorism prevention law, the same sections did not confer the exclusive rights to prosecute on the AGF. The Judge said that while section 5 of the Terrorism Prevention Act confers responsibility of gathering intelligence and investigation on police, the same section donated rights to Police to initiate criminal charges in a competent court of jurisdiction. Specifically, Justice Olajuwon held that while the AGF under section 174 of the 1999 Constitution can lawfully take over, continue or terminate any initiated criminal charges, such right did not make trial an exclusive rights of the AGF. “From the cursory look at all the authorities cited by lawyers for and against the IGP rights to initiate the instant criminal proceedings, one thing is clear and clearly too, that police can rightly initiate criminal charges including terrorism charges”. The Judge said that the preliminary objections to the trial by the defendants was incompetent, lacking in merit and subsequently dismissed them. The five defendants charged with terrorism offences are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod. Meanwhile, Justice Olajuwon has fixed Monday, February 5 for ruling in their respective bail applications. The Judge fixed the date after taking arguments from lawyers from police led by Simon Lough, a Senior Advocate of Nigeria and Lukman Fagbemi SAN who stood for the 1st and 2nd defendants in the matter among others. Justice Olajuwon ordered that the five defendants be returned to Kuje Prison in Abuja pending the decision of the Court to allow them on bail or not. The five defendants are accused of committing the alleged terrorism offences during the wake of political upheaval that rocked Port Harcourt in October last year. In the charges against them marked FHC/ABJ/CR/25/2024, the Inspector General of Police (IGP), Kayode Egbetokun is named as the complainant. Apart from allegedly burning down the State House of Assembly, some of them were said to have killed a Superintendent of Police, (SP) Bako Agbashim and five police informants at Ahoada community of the state. The police informants said to have been killed are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi. They were also accused of using various cult groups, namely- Supreme Viking Confraternity, Degbam, Iceland and Greenland to unleash mayhem on the people of the state and their commercial activities. Specifically, they are alleged to have on October 29, 2023 at Moscow Road in Port Harcourt conspired to commit acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly, an offence punishable under section 26 of the Terrorism Prevention and Prohibition Act 2022. Part of the charges read, “That you, Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert conspired together to commit felony to wit: acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly and you thereby committed an offence punishable under section 26 (1) of the Terrorism Prevention and Prohibition Act 2022. “That you Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert and armed with dynamite, iron rods, lighters and other offensive weapons willfully and maliciously invaded, attacked and set fire on the Rivers State House of Assembly Complex and you thereby committed an offence punishable under section 1 of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria 2004.

Court Orders Arrest of Fubara’s Chief of Staff, 5 others over alleged terrorism, killing of DPO

A Federal High Court Abuja, Wednesday, issued a warrant for the arrest of the Chief of Staff (CoS) to the Rivers State Governor, Hon Edison Ehie, over his alleged involvement in the burning of the State House of Assembly. Ehie who is the immediate past factional Speaker of Rivers State House of Assembly, was ordered to be arrested along with five other persons based in Port Harcourt for allegedly participating in some criminal activities. Those ordered to be arrested alongside the former factional Speaker are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri and Chibuike Peter also known as Rambo. Justice Emeka Nwite granted order on Wednesday for their arrest while delivering ruling in an ex-parte application brought before him by the Inspector General of Police IGP. The ex-parte application was predicated on sections 37, 113, 114, 84 and 184 of the Administration of Criminal Justice Act (ACJA) 2015 and section 35 of the 1999 Constitution as well as 32 of the Police Act 2020. In the ex-parte application argued by a Senior Advocate of Nigeria SAN and Deputy Commissioner of Police (DCP), Simon Lough, the six defendants were said to be at large. The senior lawyer submitted that the defendants are involved in conspiracy, arson, terrorism, attempted murder and murder of a Superintendent of Police SP Bako Agbashim and five other police informants. The five police informants they are alleged to have killed are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi. Justice Nwite granted the request of the IGP to declare the defendants wanted and upon their arrest and investigation, bring them before the court for trial. The ex-parte application is marked FHC/ABJ/ CS/12/2024 It will be recalled that the IGP had two weeks ago put five Port Harcourt-based person’s on trial on terrorism charges and were remanded at Kuje Prison upon their arraignment. They were ordered to remain in prison custody till February 2 when their respective bail applications would be determined by the Judge. The five defendants are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod. In the 7-count charges, the defendants were accused of committing alleged terrorism offences by invading, vandalizing and burning down Rivers State House of Assembly during the wake of political crisis that rocked Port Harcourt in October last year. Justice Mobolaji Olajuwon ordered their remand at the Kuje Prison.

Supreme Court affirms Fintiri as Adamawa governor

The Supreme Court of Nigeria, Wednesday, affirmed the election of Governor Ahmadu Fintiri as the authentic governor of Adamawa State. The apex court, in a unanimous decision by a five-member panel led by Justice Inyang Okoro, dismissed as lacking in merit the application of Senator Aisha Dahiru Banani, alongside her party, All Progressive Congress Party (APC), challenging the outcome of the governorship election that was held in the state on March 18, 2023. Senator Binani, has through her Counsel, Chief Akinolu Olujimi, SAN, prayed the court to nullify the declaration of Fintiri of the Peoples Democratic Party(PDP)as the valid winner of the gubernatorial contest. Specifically, she asked the court to set aside the concurrent verdict of the courts below that dismissed their case and upheld Fintiri’s re-election. She insisted that she polled the majority of valid votes cast at the election and was validly declared the winner by the state’s Resident Electoral Commissioner, REC. She, among other things, prayed the court to determine who ought to be the bona fide Returning Officer in a gubernatorial election. However, Fintiri, through his lawyer, Mr Damian Dodo, SAN, urged the apex court to dismiss the appeal and validate his election victory. Fintiri argued that he emerged victorious, having secured the majority of lawful votes and fulfilled all the requirements of the law. Delivering judgement in the matter, the apex court panel, led by Justice Inyang Okoro, held that the action of the suspended Resident Electoral Commissioner, REC, in Adamawa State, Hudu Yunusa-Ari, who declared Senator Dahiru as the winner of the poll, was an act of irresponsibility and criminality. The court held that only a Returning Officer has the duty to announce the results of an election to avert chaos and anarchy in the process. According to the Supreme Court, the Electoral Act, 2022, specified who should declare results, stressing that such power was exclusively donated to the Returning Officer. Consequently, it resolved all the issues that were raised in the appeal against the appellants.

Supreme Court Delivers Judgment On Suit Seeking To Sack Tinubu As President

The appeal filed by Hope Democratic Party presidential candidate Ambrose Owuru against the administrations of President Bola Tinubu and the immediate past President, Muhammadu Buhari, was struck out by the Supreme Court on Monday. The Independent National Electoral Commission and the Attorney General of the Federation are joined as the respondents in this appeal. Owuru’s appeal was turned down by the lower court. In dismissing the appeal, the appeal court found that Owuru had engaged in egregious procedural abuse by inciting the respondents with a pointless, vexatious, and vexing lawsuit. The appellate court further stated that Owuru’s attempt to revive the Supreme Court matter that had died in 2019 was intended to put subordinate courts in direct conflict with the supreme court’s authority. After that, the court mandated that he give N10 million to Buhari, Tinubu, the AGF, and INEC. Owuru had argued that Buhari, the outgoing president, had infringed upon his tenure in 2019 when the Supreme Court declined to hear his appeal contesting Buhari’s designation as the election’s victor. In addition, he requested another order barring any sort of handover inauguration that Buhari had planned or approved for May 29, 2023, until his appeal before the highest court had been decided. Dissatisfied with the judgment, Owuru approached the Supreme Court for redress. The appellant’s attorney, Olawuyi Olaoluwa, asked the court to adjourn the hearing when it was summoned on Monday. He added that he had just called early on Monday to represent the appellant. Justice Okoro questioned Olaoluwa about his knowledge of the case’s facts, to which he replied that he had not looked over the procedures. AGF attorney, Adedayo Ogundele urged the court to dismiss the appeal, claiming it constituted a misuse of the legal system. Okoro cautioned him against pursuing a similar case in the future. He said, “There is no substance in this matter. If it were a SAN that brought this matter, he would have been fined. As a young lawyer don’t take this kind of case again. It is not good for your career.” Olaoluwa afterward, applied to withdraw the matter. The five-member panel led by John Okoro dismissed the appeal.

Supreme Court Reserves Judgment On Binani’s Suit Challenging Fintiri’s Victory

The Supreme Court has reserved judgment in the appeal by the All Progressives Congress (APC) and its governorship candidate, Aisha Dahiru, popularly called Binani, against the governor of Adamawa state, Ahmadu Fintiri. The tribunal and Court of Appeal had dismissed Binani’s petition challenging the victory of Finitiri in the governorship election held last year. The five-member panel led by John Okoro adjourned the matter for judgment after listening to the arguments of the parties involved in the matter. The main contention of Binani, through her counsel, Akin Olujimi, at the day’s proceeding, is that the controversial declaration by the Resident Electoral Commissioner, Hudu Ari, was lawful. Monday’s decision came months after the Court of Appeal affirmed the victory of Fintiri of the People’s Democratic Party (PDP) as Governor of Adamawa State and dismissed Binani’s challenge as lacking in merit. It also awarded the cost of N500,000 in favour of Fintiri and the PDP against Binani. That judgment aligned with the verdict of the tribunal on October 28, which dismissed Binani’s petition for failing to prove her allegations of over-voting by not tendering documents to prove her case faulting the outcome of the election. Before the legal tussle, the Independent National Electoral Commission (INEC) had declared Fintiri as the winner of a dramatic governorship poll. Fintiri polled 9,337 votes besting Senator ‘Binani’ who scored 6,513 votes. But in a controversial move, Ari, while collation was going on, prematurely declared Binani as the winner of the election. This was contrary to the provisions of Section 25 of the Electoral Act, 2022, which gives only the returning officer the right to declare election results for governorship polls. Immediately after the announcement, INEC declared the pronouncement as of no effect. It thereafter suspended the collation of results of the supplementary election in Adamawa and invited the REC, Returning Officer, and all officials involved to report to the Commission’s Headquarters in Abuja. Later on, police authorities arrested Ari, confirming that the INEC REC was in their custody. He is still in court facing charges.

$500,000 bribe: Supreme Court affirms Farouk Lawan’s five-year sentence

The Supreme Court has affirmed the five-year jail term handed to a former member of the House of Representatives, Farouk Lawan by the Court of Appeal. Lawan was convicted and sentenced to prison in 2021 for accepting $500,000 bribe from businessman, Femi Otedola, Chairman, Zenon Petroleum and Gas Ltd. In a unanimous judgment on Friday, a five-member panel affirmed the 2022 judgment of the Court of Appeal which upheld Lawan’s sentencing to five years in respect of only count three on the three-count charge on which he was tried at the High Court of the Federal Capital Territory (FCT). In the lead judgment prepared by Justice John Okoro but read on Friday by Justice Tijjani Abubakar, the apex count found that Lawan’s appeal was without merit and proceeded to dismiss it.

Action Alliance: Appeal Court affirms Kenneth Udeze as authentic Nat’l Chair

The Action Alliance (AA) prolonged National Chairmanship tussle has been put to rest today as the court of Appeal Abuja division has affirmed Chief (Barr) Kenneth Udeze As the authentic National Chairman of the party. The three man panel of justices presided over by Hon. Justice H.A. Barka dismissed the Appeal filed by one Adekunle Rufai Omoaje in Appeal number:CA/ABJ/CV/955/2022 challenging the judgement of the FCT High Court in suit number:FCT/HC/CV/174/2022 delivered on 28th day of March,2022 by Hon.Justice Eleojo Enenche hich had earlier Affirmed Chief (Barr) Kenneth Udeze As the authentic National Chairman of Action Alliance (AA) and validated the 14th, March,2021 National Convention of the party. The Appeal court also awarded the cost of N4 million against Adekunle Rufai omoaje in favor of Chief (Barr) Kenneth Udeze and other three Respondents. In the judgement a three-man panel of justices presided over by Justice. H.A. Barka affirmed Chief (Barr) Kenneth Udeze as the authentic National Chairman of Action Alliance (AA)in Appeal number:CA/ABJ/CV/526/2022 Between one CHIEF UZEWURU NWACHUKWU Vs KENNETH UDEZE AND 2ORS. The parties in this appeal submitted themselves to the Court of Appeal where all issues regarding the position of the National Chairmanship of AA was resolved in favor of Barr Udeze The spokesman of the party, Rev. Dennis Ubani, shortly after the judgement was delivered said, “With the two Court of Appeal judgements affirming Barr Udeze as the authentic National Chairman of Action Alliance (AA) ,it is now finally put to rest the party prolong legal tustle on the National Chairmanship. “We express our profound gratitude to the Nigerian judiciary, that indeed it is the last hope for a common man. “We thank our party legal team led by Chief Michael Kaase Aondoakaa (SAN) former Attorney General and minister of justice for a deligent procecution of the matters . “We thank all the party faithfuls across Nigeria and beyond for their prayers and we urge you to have faith and always support Chief Barr Kenneth Udeze led National Executives of the Action Alliance (AA).”

Ondo Assembly Confirms Adelami As Deputy Governor

Ondo State house of Assembly has screened and confirmed Dr. Olayide Owolabi Adelami as the Deputy Governor of Ondo State. Adelami was confirmed as the Deputy Governor at a plenary presided over by the Speaker of the House, Rt. Hon. Olamide Oladiji. His confirmation was sequel to the submission and consideration of a report by the house selection committee Chaired by the Speaker. It would be recalled that the House of Assembly yesterday received a letter of his nomination from the Governor of Ondo State, Hon. Lucky Orimisan Aiyedatiwa. The house had earlier conducted screening exercise for the nominee at the assembly complex. The Clerk of the House, Barr. Jaiyeola Benjamin read the letter sent to the House by Governor Aiyedatiwa for the consideration of the nominees for the vacant position of a Deputy Governor. While submitting the report, the Deputy Speaker of the House, Prince Abayomi Akinruntan recommended the confirmation of the appointment of the nominees whom he affirmed have been properly screened. Akinruntan said the nominee responded to all questions raised by the Committee in a very eloquent and explicit order, noting that he has a clear understanding of the position, adding that he possess the required academic qualifications, physically, mentally and emotionally stable and fit to accomplish the task. The report also stated that he possess the required experience, Charisma and the much needed exposure to function effectively. The Majority leader of the House, Oluwole Ogunmolasuyi moved the motion for the report to be considered and the nominees be confirmed and was seconded by Felix Afe representing Akoko North West 2. The Speaker, Rt. Hon. Oladiji who ruled for the confirmation congratulated the Deputy Governor designate , urging him to put in his best and pledged the house support to the executive for the people to enjoy more democracy dividend. In his acceptance speech, Adelami who hails from Owo appreciated Governor Aiyedatiwa for finding him worthy of the position pledging not to betray his emotion and confidence reposed in him. He also appreciated the lawmakers for the efforts they have put in place during the screening and confirmation noting that promoting understanding between arms of government will be his priority. Dr Olayide Owolabi Adelami mni, a retired Deputy Clerk to the National Assembly promised to do everything at his disposal to function effectively, pledging not to disappoint the people of Ondo State .

Guber Appeals: Supreme Court Affirms Fubara, Kefas, Aliyu elections

The Supreme Court of Nigeria, Thursday, affirmed the elections of Governors Siminalayi Fubara of Rivers state, Kefas Agbu of Taraba and Ahmed Aliyu of Sokoto state. The five-man panel of justices of the Apex court, had in separate judgments, unanimously dismissed the different appeals for lacking in merit. RIVERS Recall that the Court of Appeal sitting in Lagos, had on November 28, 2023, affirmed the election of Fubara as the governor of Rivers State. The court had dismissed the petition filed by Fubara of the All Progressives Congress in Rivers State, Patrick Tonye-Cole, against Fubara of the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC). TARABA In the case of Taraba state, the appeal was filed by Prof. Yahaya Sani of the New Nigerian Peoples Party (NNPP) for grossly lacking in merit. Prof. Sani had prayed the apex court to set aside the victory of Governor Kefas Agbu, in the March 18, 2023 governorship election. He had alleged non compliance with the Electoral Act, irregularities and other malpractices, but the appellate court dismissed the appeal for lacking in merit. SOKOTO Similarly, the Supreme Court affirmed the election of Ahmad Aliyu as governor of Sokoto state. Aliyu, the candidate of the All Progressives Congress (APC), was declared winner of the governorship election with 453,661 votes to defeat Sai’du Umar of the Peoples Democratic Party (PDP) who secured 404,632 votes. But Umar alleged that the governor and his deputy Idris Gobir, forged the certificates they presented to the Independent National Electoral Commission (INEC). The petitioners also alleged electoral fraud during the poll. The tribunal in its judgment said the petitioners were unable to prove the six grounds contained in their petition.

Burning of Rivers House: Fubara’s loyalists arraigned, sent to prison

The five Port Harcourt-based men accused of burning down the State House of Assembly were, Thursday, arraigned by the Federal Government on terrorism charges, have been remanded at Kuje Prison in Abuja. The five defendants are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod. They were also accused of killing a Superintendent of Police, (SP) Bako Agbashim and five police informants at Ahoada community of the state. Justice Bolaji Olajuwon of the Federal High Court in Abuja, Thursday, ordered they remain in prison custody till February 2 when their respective bail applications would be determined. In the 7-count charges, the defendants were accused of committing alleged terrorism offences by invading, vandalizing and burning down Rivers State House of Assembly during the wake of political crisis that rocked Port Harcourt in October last year. The police informants alleged to have been killed are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi. Government also accused them of using various cult groups, namely- Supreme Viking Confraternity, Degbam, Iceland and Greenland to unleash mayhem on the people of the state and their commercial activities. However, when the charges against them marked FHC/ABJ/CR/25/2024 was read, they all pleaded not guilty to the offences.. Although the immediate past factional Speaker of the Rivers State House of Assembly, Hon Edison Ehie was not listed in the 7-count terrorism charges, he was however represented in court by a Senior Advocate of Nigeria SAN, Oluwole Aladedoyin on the ground that his name featured prominently in the alleged offences. He challenged the allegations that he was at large alongside other suspects. Justice Olajuwon did not however allow further arguments on the ground that he was not yet a defendant in the charges. Shortly after the arraignment, the leader of the prosecuting team, Audu Garba applied for a date for full blown trial of the defendants. However, a Senior Advocate of Nigeria SAN, Lukman Fagbemi who stood for Chime Eguma Ezebalike and Prince Lukman Oladele who are 1st and 2nd defendants, sought to move applications for their bail on the ground that they have been in the police custody since last year. The government lawyer, Audu Garba vehemently opposed on the reason that he had just been served with the bail applications and needed time to study them and file counter affidavit. Justice Olajuwon agreed with the prosecution lawyer that the bail applications were not ripe for hearing and fixed February 2 for hearing of all bail applications. Pending hearing and determination of the bail applications, the Judge ordered that the five defendants be taken to Kuje Prison on remand and be returned to court on the adjourned date. Specifically, the defendants were alleged to have on October 29, 2023 at Moscow Road in Port Harcourt conspired to commit acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly, an offence punishable under section 26 of the Terrorism Prevention and Prohibition Act 2022. Part of the charges read, “That you, Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert conspired together to commit felony to wit: acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly and you thereby committed an offence punishable under section 26 (1) of the Terrorism Prevention and Prohibition Act 2022. “That you Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert and armed with dynamite, iron rods, lighters and other offensive weapons willfully and maliciously invaded, attacked and set fire on the Rivers State House of Assembly Complex and you thereby committed an offence punishable under section 1 of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria 2004.