BREAKING: Supreme Court Affirms Lawal’s Election As Zamfara Governor 

The Supreme Court has upheld the election of Dauda Lawal as the duly elected Governor of Zamfara state. Justice Emmanuel Agim, who delivered the lead judgment, criticized the Court of Appeal’s earlier decision, describing it as “perverse.” Justice Agim emphasized that the allegations of over-voting failed to stand as the Independent National Electoral Commission (INEC) did not provide essential documents such as the voter register, polling unit officer report, and eyewitness testimony. The judge highlighted that BVAS machines alone could not establish electoral malpractices, and the petitioner, Mr Matawalle, did not provide sufficient evidence to support his claims. “The court is of the view that the tribunal was right. The judgment of the Court of Appeal was perverse because the petitioner failed woefully to prove his allegations,” declared Justice Agim.

Kano Guber: Supreme Court Affirms Abba Yusuf Victory

The Supreme court has upheld the election of the Kano State Governor, Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) as the governor of the state. The five-man panel of the court lead by John Inyang Okoro, held that the 165, 616 votes complied with the provisions of Section 71 of the Electoral Act have been signed and stamped by the election agents. The court held that the All Progressive Congress (APC) and it’s flagbearer, Nasiru Yusuf Gawuna, failed to prove that the votes were unlawful. Therefore, the court ordered that the signed and stamped 165, 616 votes be returned to the appallant. With the verdict, the court thereby set aside the judgement of the lower court and declared that the Governor, Abba Kabir Yusuf won the 2023 governorship election in Kano State with the majority votes. The Independent National Electronic Electoral Commission (INEC) had announced Yusuf as the winner of the March 18, 2023 election, saying he garnered 1,019,602 votes to defeat Gawuna who got 890,705 of the votes cast. Consequently, the APC headed the Tribunal, citing alleged electoral malpractice. The Tribunal in its ruling nullified Yusuf’s election, adding that over 160,000 ballot papers “were not signed or stamped by INEC”. The three-man panel of the Tribunal led by Justice Oluyemi Akintan Osadebay sacked Yusuf on September 20, 2023, after deducting 165,663 of his votes. Yusuf’s votes were subsequently reduced to 853,939 while Ganuwa’s 890,705 votes were not affected. Not satisfied, Yusuf proceeded to the Appeal court which held that it can be seen that the Tribunal acted in the overall interest of justice when it allowed APC’s tendering of documents during trial. The court held that INEC released documents to the APC piecemeal in order to defeat the petition of the petitioner. The judgement further posited the the Petitioner’s insistence that APC ought to have joined its candidate, Ganuwa, as a party at the Tribunal proceedings, was not backed by the 1999 Constitution. It maintained that a candidate is entitled to be represented by his political party during litigation, adding that every political party shall maintain the register of its voters. The court said the appellant to his own detriment did not submit his NNPP membership registrar or even tendered his statement on oath regarding his membership of the party. The court added that the name of Abba is not the NNPP membership registrar. “As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” the court while affirming the judgment of the Tribunal. “If you claim to be a member of a political party, is it not logical for you to say so by yourself and not by proxy? “Even though membership of a political party is an internal affair, a political party cannot be permitted to circumvent or breach the provisions of the 1999 Constitution. “The Tribunal was wrong not to have disqualified the appellant. “Therefore the failure of the appellant and the NNPP to comply with the 1999 Constitution is fatal to their election. “All issues in this appeal are dismissed and the judgment of the Tribunal is affirmed,” the court held.

No date for inauguration of New Justices of the Supreme Court – NJC

National Judicial Council, NJC, has clarified that no date has been fixed for the swearing-in of the newly appointed eleven Justices of the Supreme Court. The Council said that the purported news by an Abuja based media organization suggesting Monday, January 16, for the inauguration did not emanate from it. A statement by the NJC’s Director of Information, Barrister Soji Oye clarified that neither the Chief Justice of Nigeria, Hon Justice Olukayode Ariwoola, who is the NJC Chairman, nor the Council itself authored or endorsed the purported date. While asking members of the public to disregard the news, the NJC said that the date for the swearing-in of the Justices would be made public at the appropriate time. NJC’s statement read in part, “The attention of the National Judicial Council has been drawn to a trending story purportedly informing the public that the newly appointed 11 Supreme Court Justices would be sworn in on Monday 16 January 2023. “The Council by this medium expressly denies the news as it did not emanate from the Council or the Office of the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Justice Olukayode Ariwoola. “The date for the swearing-in of the Justices will be made public at the appropriate time. Members of the public should please disregard the trending news.”

New Supreme Court Justices To Be Sworn In

Eleven new justices of the Supreme Court will be sworn in next week.  The Senate had in December 2023 confirmed the 11 justices as requested by President Bola Tinubu. The Justices billed for swearing-in are: Hon. Justice Jummai Hannatu Sankey, OFR – North Central Hon. Justice Stephen Jonah Adah – North Central Hon. Justice Mohammed Baba Idris Hon. Justice Haruna Simon Tsammani – North East Hon. Justice Jamilu Yammama Tukur – North West Hon. Justice Abubakar Sadiq Umar – North West Hon. Justice Chidiebere Nwaoma Uwa – South East Hon. Justice Chioma Egondu Nwosu-Iheme – South East Hon. Justice Obande Festus Ogbuinya – South East Hon. Justice Moore Aseimo A. Adumein – South south Hon. Justice Habeeb Adewale O. Abiru – South West When sworn in, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

BREAKING: Court Grants Ex-Minister Agunloye N50m Bail

Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court Apo, on Thursday, granted bail to ex-Minister of Power and Steel, Olu Agunloye, in the sum of N50 million. Agunloye was arraigned on seven counts bordering on fraudulent award of a contract and official corruption, on Wednesday. The judge had ordered his remand in Kuje Correctional Centre pending hearing and ruling on the bail application. Moving the application, the Counsel for the former minister, Adeola Adedipe, prayed the court to grant bail to his client by way of self-recognisance or in liberal terms. He said Argunloye is not a flight risk and that the notion canvassed by the prosecution was “born out of misconception and communication barrier”. Adedipe also appealed to the court not to order the use of a public servant as surety for his client. The senior lawyer also argued that the apprehensive misconception about bail and the mischief argued by the prosecution has been cured by Section 352( 4) of the Administration of Criminal Justice Act (ACJA). Under this provision, Adeola said, “Once a defendant is admitted to bail, even if he absconds, the trial will continue and he will be convicted where necessary.” However, the prosecution counsel opposed the bail application. Delivering the ruling, Justice Onwuegbuzie said the pendulum of the court swings in favour of granting bail to the defendant. He granted N50 million bail to the defendant and ordered him to produce two sureties in like sum. The sureties must be “reputable” and “people of means” resident within the FCT. They must have properties worth N300 million with a Certificate of Occupancy that must be verifiable. They must submit copies of their identity card and photocopies of their international passports to the court. The defendant is to submit his passport to the court and must be present for hearing at all times. The matter has been adjourned to February 12. The Economic and Financial Crimes Commission (EFCC) is investigating Agunloye over the $6 billion Mambilla Hydropower Contract.

Akwa ibom: Umo Eno remains Gov as S/Court dismisses APC, YPP, NNPP’s petitions

The Supreme Court, Thursday, affirmed the election of Umo Eno as the governor of Akwa Ibom State, in the March 18, governorship election in the state The seven-man panel of the Apex court, lead by Justice Uwani Abba-Aji, dismissed the petition following the withdrawal of three separate appeals brought before it by the petitioners alleging certificate forgery. They failed to convinced the panel that Emo Eno Bassey and Bassey Eno Emo were not the same and as such that the governor allegedly forged his Secondary School Certificate. Consequently, the lead counsel to the respective parties withdrew their separate appeals as the apex court panel of Justices hinted that they have no merit. The Petitioners in the matter are All Progressive Congress (APC) and its governorship candidate, Akanimo Udofia, Young Progressive Party(YPP) and its gubernatorial candidate, Akpan Albert Bassey as well as that of New Nigeria People’s Party(NNPP)and its governorship candidate, John James Akpan Udoedehe. Their arguments especially forgery allegations did not go down well with the Apex Court Justices who queried the lawyers on whether the West African Examinations Council WAEC gave evidence to establish the criminal allegations. Upon admission that WAEC did not testify in the matter, the lawyers opted and separately withdrew the appeal. This prompted Justice Abba-Aji to dismiss them following no objections from lawyers to the various respondents. The Court did not award cost against any of the lawyers to the appellants having voluntarily withdrew their cases on ground of want of merit. The Court of Appeal in Lagos had in November last year affirmed the election of Governor Umo Eno of Akwa Ibom State in the governorship election held on March 18, 2023. The appellate court in its judgment dismissed three separate appeals, filed against the governor’s election. While affirming the September 28, 2023 judgments of the election petition tribunal, the three-member panel of Justices headed by Festus Obande dismissed the appeal brought by the governorship candidate of the Young Progressives Party, Bassey Akpan, and his party against the Independent National Electoral Commission, Eno, and the Peoples Democratic Party. Justice Obande also granted judgments in favour of the governor against the appeals of the governorship candidate of the New Nigeria People’s Party, John Udoedehe, as well as Akanimo Udofia, of the All Progressives Congress. The appellate court declared in the unanimous judgments that all three appeals lacked merit.

Ogun Guber: Supreme Court reserves judgment seeking Abiodun’s removal

The Supreme Court has reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate, Ladi Adebutu, in the March 18, governorship election. Adebutu’s appeal is seeking the nullification of the declaration of Dapo Abiodun as winner of the election. Specifically, he is challenging Abiodun’s re-election on the ground that the Electoral Act, 2022, was not adhered to, citing corrupt practices and issues of non-qualification. Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which had on November 23, affirmed the decision of the Tribunal in upholding Adiodun’s victory. Recall that two Judges of the court below had dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Esienanwan Inyang saw merit in the petition and thereby ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return presented to Abiodun and conduct another election in 99 polling units where elections were disrupted. In adopting his brief of arguments, Chris Uche SAN, counsel for the appellants said INEC ought to have conducted fresh elections in 99 polling units where elections were cancelled and not declared a winner. He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, governorship poll. Abiodun Owonikoko, counsel for the first respondent(INEC), asked the apex court to dismiss the appeal. He maintained that governorship and presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution. Wole Olanipekun, counsel for second respondent, urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts. INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat his closest rival Adebutu, who polled 262,383 votes.

Alleged Fraud: Olu Agunloye, Former Minister of Power and Steel Remanded in Kuje Prison

The Federal High Court in Abuja has taken a decisive step regarding Olu Agunloye, a former Minister of Power and Steel under President Olusegun Obasanjo’s administration.  Justice Donatus Okorowo ordered his remand at the Kuje Correctional Centre following charges brought by the Economic and Financial Crimes Commission (EFCC) alleging his involvement in fraudulent activities. Agunloye, who also previously served as Minister of State for Defence, pleaded not guilty to the charges.  However, the court ruled for his remand pending the determination of his bail application. This development unfolded after the EFCC had declared Agunloye wanted on December 13, 2023, for suspected involvement in fraudulent acts.  The anti-graft agency had sought information from the public regarding his whereabouts, urging individuals to report to the nearest police station or contact the EFCC.

Court decides whether elections, exams can hold saturdays, March 20

By Vivian Michael, Abuja Justice James Omotosho of the Federal High Court Abuja, will March 20, deliver judgment in a suit seeking to stop the conduct of elections and examinations on Saturdays. The court fixed the date, after listening to the arguments in the matter filed by a member of the Seventh-day Adventist Church, Mr Ugochukwu Uchenwa. The plaintiff, Uchenwa, who is an elder of the church, filed the suit on the grounds that fixing elections and examinations on Saturdays violated his rights and that of other members of the church, to freedom of worship. He is praying the court to declare the fixing of elections and examinations on Saturdays as unconstitutional. In the alternative, the plaintiff, prayed the court to order the defendants to allow him and other members of his church to vote or write examinations on any other day of the week including Sundays. Listed as defendants in the suit are the President, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC) and the Minister of Internal Affairs. Others, are the Joint Admission and Matriculation Examinations, JAMB, the National Examination Council, NECO, West African Examination Council, WAEC, the National Business and Technical Examination Board, Council of Legal Education and the Ministry of Education. At Wednesday’s hearing, counsel to the plaintiff, Mr Benjamin Amaefule told the court that his client was only seeking an enforcement of his fundamentals right to freedom of education and freedom to participate in elections. Amaefule told the court that his client was seeking among others, a declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day”, was a violation of his fundamental rights to freedom of worship. “It is also a violation of conscience, profession and free practice of faith and right to participate freely in the government of the applicant and that of entire members of the Seventh-day Adventist Church, Nigeria”. He maintained that fixing examinations and elections on the “Sabbath day of the Lord ”, was also a violation of right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria. The plaintiff asked the court for some reliefs including a declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” was unconstitutional. “It is a violation of the fundamental rights of freedom of conscience, profession and free practice of faith of the members of the Seventh-day Adventist Church Nigeria”. He prayed the court for an order restraining INEC from further violating the rights of members of the Seventh-day Adventist Church by holding elections on Saturdays. “In the alternative, order INEC to mark out a different day for the members of the church to participate in their own election if the INEC cannot schedule and hold the elections on a day other than on Saturdays”. “An order restraining the 5th to 8th respondents from scheduling and conducting compulsory public examinations on Saturdays, without making option for the members of the Seventh-day Adventist Church to write their exams on days other than Saturdays. “An order mandating the 10th respondent to cease from conducting any academic programme or activities on Saturdays, the Sabbath day of the Lord without giving members of the Seventh-day Adventist Church a different day to participate in such academic activities by itself or through any of its department.” The plaintiff also asked the court to make an order mandating the 1st and 2nd respondents (the President and the AGF) to declare Saturdays as public holiday just the same way Sundays are public holidays. Moreover, he insisted that Sunday was the first day of the week while Saturday was the seventh day of the week, hence the Sabbath day. Responding on behalf of the President and the AGF, Maimuna Shiru told the court that she filed a 17- paragraph affidavit on behalf of her client in opposition to the suit. She prayed the court to dismiss the suit for lacking in merit. For his part, counsel to WAEC, Mr Friday Chorio argued that Nigeria was a circular state as it had not adopted any religion as its own. According to Chorio, the constitution provides that Nigeria shall not adopt any religion as its own. “In this circumstance, the plaintiff is seeking for an interpretation of the law that Saturday should be fixed as a holy day for the Seventh-day Adventist church. “We have so many laws that provide for holidayw. Section 4 of the Public Holiday Act provides and declares Sunday as a public holiday so government activities cannot take place on Sundays. “Anybody can adopt Sunday as his or her own holiday so you cannot come to court and ask the court to declare Saturday as a public holiday.” For the Joint Admissions and Matriculation Board, (JAMB), Safinat Lamidi told the court that she filed a preliminary objection praying the court to dismiss the suit as it lacked the jurisdiction to entertain it. Meanwhile, the matter for adjourned till March 20 for judgment.

Adamawa Guber: S/Court affirms Gov Fintiri’s election

The Supreme Court has affirmed the election of Governor Ahmed Fintiri as the authentic governor of Adamawa State. This is following the withdrawal of an appeal brought before it by the Social Democratic Party(SDP) and its governorship candidate, Dr Umar Ardo, challenging Fintiri’s victory for want of merit. SDP and its candidate had scored 6,000 votes and challenged the declaration of Fintiri and the Peoples Democratic Party, PDP, who polled over 430,000 votes at the March 18, 2023 election. Specifically, Ardo and his party argued that the election was not conducted in compliance with the provisions of the Electoral Act 2022. The appellants in their submissions through Sylvester Imhanobe, upon discovering the hint of the apex court, the appellants withdrew their appeal, having been found unmeritorious. Justice John Inyang Okoro, who led a 5-man panel of Justices of the Court, dismissed the appeal without any cost against the appellants, thereby, affirmed the election of Fintiri as being validly elected and lawfully declared as the Governor of Adamawa State. Ardo and his party had filed a petition at the Adamawa Governorship Election Petition Tribunal after Fintiri, the candidate of PDP, was declared the winner of the poll. The petitioners had sought the nullification of Fintiri’s election on the grounds that there was substantial non-compliance with the Electoral Act, corrupt practices, threats, and violence during the voting exercise. However, the tribunal, led by Theodora Uloho, dismissed the petition for being incompetent and not properly filed. They, however, headed to the Supreme Court for further interpretation.