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.”

Plateau guber: S/Court reserves judgement on Gov Mutfwang’s appeal

The Supreme Court of Nigeria, Tuesday, reserved its judgement on appeal instituted by the Governor of Plateau State, Caleb Mutfwang, challenging the nullification of his election by the Court of Appeal. A five-member panel of the apex court, led by Justice Inyang Okoro, adjourned the appeal for judgement, after all the parties argued their case and adopted their processes. In his argument, Governor Mutfwang, through his counsel, Chief Kanu Agabi, SAN, prayed the court dismiss the judgement of the Court of Appeal in Abuja, which sacked him from office. Agabi, SAN, argued that after the tribunal properly evaluated both documentary and oral evidence that were adduced by the parties, dismissed as lacking in merit, the petition that was lodged against the outcome of the governorship election by candidate of the All Progressives Congress(APC)Mr. Nentawe Goshwe. He further submitted that the onus of conducting a primary election to select candidates to be sponsored in an election, rests on the National Executive organ of the party. “A number of exhibits were tendered to prove that valid Congress was conducted and monitored by the Independent National Electoral Commission, INEC. “A video was played before the tribunal showing that congresses held and the person that instituted the court action was see in the video, participating in the process.” Concluding, he posited that the sponsorship and nomination of a candidate in an election, being a pre-election issue, was of jurisdiction of both the tribunal and the appellate court. On his part, the APC candidate, through Prof. Joseph Olatoke, SAN, asked the court to uphold the Court of Appeal judgement that ordered the INEC to issue Certificate of Return. He insisted that his is the candidate that garnered the highest number of valid votes in the governorship poll. According to him, PDP’ is structureless in the state, as it refuses to elect its State Executives as ordered by the court, hence, not capable of presenting a valid candidate in the governorship election. In the same vern, counsel to the APC, Mr. Omosanya Popoola, asked the court to uphold the judgement that sacked the Appellant from office.

Benue Guber: Supreme Court affirms Rev Alia’s election

The Supreme Court has affirmed the election of Hyacinth Alia of the All Progressives Congress (APC) as governor of Benue State after the Apex Court dismissed the appeal of Titus Uba of the People’s Democratic Party (PDP). A five-member panel of the Supreme Court dismissed the appeal after counsel for the PDP governorship candidate, Sebastian Hon, SAN withdrew the appeal challenging APC victory in the March 18 governorship election. Hon, a Senior Advocate, withdrew the appeal after getting a hint from the Apex Court panel that the matter before it was one bordering on nomination and as such a pre-election matter. Consequently, the Apex court five-man panel, presided by Justice Inyang Okoro upheld the governorship election that produced Rev Hyacinth Alia, as the Benue state governor legal. Details later…

Atiku will run for presidency in 2027 – spokesperson

Spokesperson of the Atiku Abubakar presidential campaign council, Daniel Bwala has revealed that the former vice president will contest again at the 2027 presidential election. Bwala revealed this information on Tuesday during an appearance on Politics Today on Channels TV.  He said that the former vice president is the president the nation never had. He further revealed that Atiku understands the private sector, adding that the country’s economy can only come alive if its led by the private sector. When asked if Atiku would contest again in 2027, Bwala said,  “Sure he will run, he has the capacity, he has the wisdom, he has the knowledge, he has the energy and he is the president we never had.  “If i am going to be honest with you if there is any politicians who understand the private sector very well it is Atiku Abubakar and this our economy can only come alive if there is a private sector led economy.” He also said there is a need for the opposition political parties to form a solid coalition to stop President Bola Tinubu from winning the 2027 election. “Without a coalition of political parties, Tinubu is going to spend the next eight years. That one is for sure. “The truth of the matter is that there will be a coalition of political parties that will be very strong. This is a fact that I know. The coalition that is coming will swallow some of the elements that are creating the problems in the various political parties.”

Fagbemi will bring desired reforms to Justice sector

The Emir of Ilorin, Dr Ibrahim Sulu Gambari has expressed confidence in the ability of the current Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) to bring desired reforms to the justice sector. In a statement by Kamarudeen Ogundele, Special Assistant to the AGF on Communication and Publicity, the former Presiding Justice of the Court of Appeal expressed the optimism while Prince Fagbemi paid a courtesy visit in his palace on Tuesday in Ilorin, Kwara State. Dr Gambari, who described the AGF as the pride of Kwara, hailed President Bola Ahmed Tinubu for appointing him as the Chief Law Officer of the Federation, insisted that he is capable of rejuvenating the justice sector. The monarch said he had known Fagbemi for over 30 years since his days on the bench and was confident that he would uphold the tenets of justice and the fight against corruption. He also described Fagbemi as a philanthropist and legal icon who had contributed greatly to legal jurisprudence. The Emir called on stakeholders in the justice sector to work as a team with the AGF to bring the desired development to the justice sector in the overall interest of the nation.

Priotise security, peace, economy of your people – Kogi CJ tasks Leaders

Chief Judge of Kogi State, Justice Josiah Majebi has implored leaders not to toy with issues of peace, security and economic improvement of their followers but should make them paramount in their agenda. Majebi made the appeal when he received traditional, community and religious leaders on Christmas felicitations visit at his residence in Ageva, Okene. He said that issues of peace, security and economy are interwoven and must be tackled holistically rather than be toyed with. Majebi enjoined the leaders to constantly drum into their followers, the benefits of peace, saying that the value of a peaceful environment translates to development enjoyable by the youth who are the workforce of the society. He urged the leaders to continue to place emphasis on proper upbringing of children to pave way for the emergence of a productive, peaceful and rancour free environment devoid of criminalities. The Chief Judge bemoaned the present unemployment level in the country which he described as seeming intractable. Majebi said that though the state Judiciary presently lacks resources to undertake employment, it would do so once the resources improved. He assured that as an interested person in the growth of youths, he would personally ensure that as soon as there is improvement in the fortune of the Judiciary the State Judicial Service Commission will open its employment portal. The Chief Judge had earlier expressed appreciation to the traditional, religious and community leaders that thronged his residence on the visit saying he would do everything within his power to address and assuage the suffering of the people. The visitors had earlier said that their visit was in both their official and personal capacities as representatives of their respective groups. They commended the Chief Judge for the noticeable improvement in the state’s Justice Delivery System since the assumption of office of Justice Majebi particularly in the area of bringing justice closer to the people through establishment of courts. The visiting leaders from Ageva, Obehira and Ozuma communities also thanked and commended the CJ for his participatory leadership style. They particularly recalled his swift response and timely intervention in restoration of their water supply when it broke down some time ago. The visitors also appealed to the Chief Judge to provide employment opportunities for their children and wards into the Judiciary.

Enugu Guber: Supreme Court Upholds Mbah’s Victory

The Supreme Court of Nigeria, Friday, affirmed the election of Peter Mbah as the governor of Enugu State. The Apex Court aligned with the decisions of the court of appeal Lagos and that of the Enugu state Election Petition Tribunal which upheld the election of Mbah as governor. The five-man panel of the justices, lead by Justice Muhammed Garba, resolved the issues canvased by the appellant who is the candidate of Labour Party (LP) Mr. Edeoga Chijioke Jonathan against him. The Labour Paper(LP) candidate has prayed that, Mbah was not qualified to participate in the election because he failed the basic eligibility test by filing a forged NYSC discharge Certificate under oath. They also contested that the election was not conducted in substantial compliance with the Electoral Act, with respect to the non-use of BVAS machines for accreditation, inter-changing of LP’s results in 19 PUs at the Ward Collation Centre in Udenu LGA , electoral violence and. Also, that the election result was not counted in accordance with the law due to over-voting, wrong tabulations especially in Mbah’s Owo Ward and Ugbawka 1 Ward, both of Nkanu East LGA, etc. At the court of Appeal, sitting in Lagos, led by Tani Yusuf-Hassan, the appallate court held that the Labour Party (LP) and its governorship candidate failed to provide sufficient evidence to prove that Mr Mbah was not qualified to contest the election. On the allegation of over-voting, Mrs Hassan said in her lead judgement that voters’ registers were not presented before the lower tribunal. She, therefore, ruled that the appeal failed because the petitioners failed to submit the voters’ registers for the disputed areas to substantiate the over-voting allegation. The court also determined that the witnesses presented by the Labour Party did not sufficiently prove the existence of over-voting in the governorship election. Consequently, the court dismissed the case for lacking in merit and upheld the judgement of the election tribunal, which had earlier affirmed INEC’s declaration of Mr Mbah as the winner of the 18 March governorship election. Moreso, the Supreme Court on the issue of non qualification of Governor Mbah, held that, the allegations by Jonathan have laid without proof at all and liable to be truck out. “There is merit in the argument of the appellant and lacks merit.” On the complain of lack of proper evaluation or counting of results in accordance with the law by the appellant, the court held that, the Tribunal was right to hold that the evidences were merely hearsay as they are not substantiated. “The Appeal lacks merit and the decision of the of appeal is affirmed in its entirety.” The Court held. “All parties bear their respective costs.” The Court added. The Independent National Electoral Commission (INEC) had declared Governor Mbah as winner of the governorship election with 160,895 votes. Mr Edeoga of the LP came second with 157,552 votes, while Frank Nweke of the All Progressives Grand Alliance (APGA) polled 17, 983 votes to place third. Dissatisfied with the results, Mr Edeoga and his party filed a petition, challenging Mr Mbah’s victory, asking that he should be declared as winner on the grounds that he and the party, polled the highest number of valid votes. Counsel to Governor Mbah Mr. Damian Dodo SAN while reacting on the judgment said it was in line with the law.

INEC Releases Timetable for Bye-Elections and Court-Ordered Re-Run Elections

The Independent National Electoral Commission (INEC) has unveiled its comprehensive timetable and schedule of activities for upcoming bye-elections and court-ordered re-run elections across various constituencies in Nigeria. This was contained in a release signed by Mr. Sam Olumekun, National Commissioner & Chairman, Information Voter Education Committee in Abuja. The vacancies, arising from the resignation or demise of Members of the National and State Houses of Assembly, have been declared by the Presiding Officers, including the Senate President, Speaker of the House of Representatives, and Speakers of State Houses of Assembly. These electoral vacancies span two Senatorial Districts, four Federal Constituencies, and three State Constituencies, affecting nine States of the Federation. The commission according to the release is set to conduct re-run elections as directed by various Election Petition Appeal Tribunals, encompassing 35 Constituencies resulting from the 2023 General Election. While three cover entire constituencies, others involve select Polling Units. The simultaneous conduct of both categories of elections is scheduled to occur on Saturday, 3rd February 2024, in all affected constituencies. To ensure transparency and accessibility, the Commission has uploaded the Timetable for the elections and detailed delimitation data, including registration areas, polling unit names, the number of registered voters, and PVCs collected, on its official website and social media platforms. INEC emphasizes the importance of political parties and candidates adhering strictly to the specified timelines for the seamless conduct of these elections. For further details, the timetable, and other election-related information, visit the INEC website and official social media channels.

Senate confirms 11 Supreme Court Justices

The Nigerian Senate, Thursday, confirmed the appointment of 11 Supreme Court justices sent by President Bola Tinubu to fill the vacancies in the apex court. The confirmation was made possible after the consideration and adoption of a report by the Senate Committee chairman on Judiciary, Human Rights and Legal Matters, during plenary. Recall that President Tinubu had asked the Senate to confirm the nominees, who were recommended by the National Judicial Council to fill the vacant positions following death and retirement of some justices. The nominees confirmed are Justice Haruna Tsammani (North East) who chaired the Presidential Election Petition Court, Justice Moore Adumein (South South), Justice Jummai Sankey (North Central), Justice Chidiebere Uwa (South East) and Justice Chioma Nwosu-Iheme (South East) Others are Justice Obande Ogbuinya (South-East), Justice Stephen Adah (North Central), Justice Habeeb Abiru (South West), Justice Jamilu Tukur (North West), Justice Abubakar Umar (North West) and Justice Mohammed Idris (North Central). The chairman of the committee, Senator Tahir Monguno while presenting his panel report, said the nominees possessed the necessary qualifications and experience to occupy the position and that there was no petition against them. He subsequently recommended their confirmation. However, with the confirmation of the 11 justices, the Supreme Court now has the complete statutory requirement of 21 justices on its bench.

Kano Guber: S/Court reserve ruling on Yusuf’s appeal

The Supreme Court of Nigeria, Thursday, reserved judgment in an appeal instituted by the Kano State Governor, Abba Yusuf and it’s party, the New Nigeria People’s Party (NNPP). The Governor is before the court, praying it to set aside the decisions of the state governorship Tribunal and Appeal Court which nullified his victory in the March 18 governorship election. The five-member panel of justices headed by Justice John Okoro heard the matter in suit number SC/CV/1179 and cross appeals questioning the membership of Abba Yusuf abiding with the outcome. In his argument, the Governor, through his counsel, Wole Olanipekun SAN, faulted the nullification of his victory on grounds of the INEC presiding officer failing to sign or stamp the ballot papers. Olanipekun noted that it has nothing to do with the Electoral Act, insisting it is on INEC’s guidelines and as such not sufficient grounds to deem the votes unlawful warranting nullification. Olanipekun told the Apex Court panel that based on the evidence given by an expert witness during the Tribunal stage of the matter, only about 1,800 ballots were not signed or stamped. And that those are insignificant figures and as such insufficient to void the election. On the membership of Yusuf, Olanipekun stressed that it is the internal affair of the party concerned, with the courts therefore lacking jurisdiction to decide on the choice of a political party’s candidate. He therefore prayed the court to upturn the decision of the Appeal Court which affirmed the decision of the Tribunal sacking the governor. However, the Independent National Electoral Commission(INEC), through its counsel, Abubakar Mahmoud, insisted that the key witness whose testimony was the ground for deducting the 165,616 votes of Yusuf deemed unlawful was a subpoened to give evidence. According to INEC, the witness testimony was inadmissible having not been front loaded along with the main petition at the Tribunal and as such his testimony and exhibits tendered are therefore incompetent. He maintained that the 165,616 ballot papers were authentic and originated from INEC and not elsewhere, adding that it’s not the duty of a voter, on the day of election, to check if a ballot paper is signed or stamped and without date of election, adding that’s the task of a party agent. Mahmoud further informed the Apex Court panel that the recounting of votes was done privately at the Tribunal chambers after the deduction of the contested 165,616 votes. He adds that even when they were brought to the Court of Appeal they weren’t demonstrated. INEC’s Counsel further told the Apex Court panel that only a portion of the unlawful ballots were examined at the Tribunal. Mahmoud thereby clarified that he is not taking sides except with respect to the correct interpretation of the law. On Yusuf’s membership of the NNPP, he stated that is an internal affair of the political party concerned and not for an external body, citing previous decisions of the apex court. He therefore added that it is not a constitutional matter as being claimed by the APC which relies on Section 177(c) of the Constitution, as amended, and Section 77 of the Electoral Act. He informed the Apex Court that the NNPP submitted the name of Abba Yusuf as its candidate for the governorship election, and that if the APC had anything against Yusuf’s candidacy it should have done so after INEC published the names of candidates. On his part, counsel for the All Progressive Congress (APC), Akin Olujimi, drew the attention of the court to the Section 177(c) of the Constitution, urging it to ride on it to determine the matter as it’s a constitutional issue