Ozekhome’s Kidnappers Bag 20 Years Imprisonment

Justice Binta Nyako of the Federal High Court, Abuja has sentenced the kidnappers of Prof Mike Ozekhome and and Delta Commissioner for Higher Education, Professor Hope Eghagha and others to 20 years imprisonment. Their alleged offences are said to be punishable under sections 1(2)(f), 8(1)(b), 10, 15(1), 17, d 19 of the Terrorism Prevention Act 2011(as amended). The judgement, which was coming 10years after, had Kelvin Oniarah Eziegbe, Frank Azuekor convicted and sentenced for kidnapping and terrorism, which will commence from the date of their arrest. However, the court discharged and acquitted Michael Omonigho, a priest of a shrine, who was arraigned along with the convicts. According to the Judge, some of the 13-count charge for which the convicts were arraigned carry life imprisonment but she had to use her discretion to sentence them to 20 years imprisonment. Justice Nyako ordered the transfer of the convicts from the custody of the Department of State Services (DSS) to the correctional centre to serve their imprisonment. Earlier before the sentencing, the convicts prayed Justice Nyako for mercy in the sentencing saying that, they have never been convicted for any offence before now. The first convict. Kelvin Eziegbe specifically pleaded the court for mercy in the sentencing because of his health challenges which he had been battling with since the past ten years he had been in the custody of the DSS. While the counsel to the convicts, Mr. Bala Dakum joined the convicts in pleading for mercy in the sentencing, the prosecution counsel, Chioma Onuegbu reminded the court of the gravity of the offences for which the convicts were convicted. Speaking shortly after the judgement, Counsel Onuegbu expressed gratitude for the judgement as she said it will serve as a deterrent to other criminals that the office of the criminal justice act are working. Ahmed Tijani counsel to the fourth defendant in the charge sheet, Haruna Momoh, who was said to have escaped from custody said his client, slammed with a five-count charge, bordering on kidnapping and terrorism did not escape from lawful custody. The court had, in the judgement told the DSS to find, arrest and arraign the 4th defendant to face his trial, a directive Tijani said, will be addressed, “When we get to the bridge”. Charges against the convicts, who were docked in 2023 include, conspiracy to commit terrorism act to include kidnapping, accessory to act of terrorism, inciting persons to commit act of terrorism, recruitment, escape and abetting escape. The duo of Eziegbe and Azuekor were, accused in counts two and three of conspiracy to commit terrorism act of murder by shooting and killing five police officers and two prison officials; commuting of intentional murder by shooting to killing five police officers and two prison officials. Azuekor was accused, in count seven, of escaping with others from lawful custody when the prison vehicle in which they were being conveyed to court was allegedly attacked by Eziegbe and others. Michael Omonigho was accused, in counts 12 and 13 of acting as the group’s herbalist by providing “spiritual and moral support” to it, and failing to reporting the groups activities to security agencies.

Presidential Election: Tribunal strikes out Obi, LP’s claim of irregularities, corrupt practices 

The ongoing Presidential Election Tribunal has struck out Mr. Peter Obi, and Labour Party’s allegations of irregularities and corrupt practices leveled against the election that produced Bola Ahmed Tinubu. The court ruling in the preliminary objection held that the affected paragraphs were “vague, imprecise, nebulous and failed to meet the requirements of pleadings”. The judgement posited that Mr Obi and his party failed to mention the number of lawful votes they scored and the number of the unlawful votes recorded by the electoral body. The ruling read by Justice Abba Mohammed, insisted that the petitioners failed to establish the polling units or wards were irregularities, corrupt practices and manipulation of results were carried out. Justice Mohammed explained that  “averments” must not leave room for confusion or ambiguity, adding that the aim of pleadings is to avail respondents of the facts of the case so as to prepare adequately. Mohammed held that, “petitioners failed to specify polling units where anomalies occurred or where agents complained of alleged malpractices and irregularities. “According to the ruling in a case of alleged malpractices in over 500 polling units, it does not suffice for the petitioners to say some polling units or collation centers without being specific. “Averments must not be general but specific.” Further in the ruling, the panel noted the total of over 18, 000 polling units where the petitioners alleged that INEC uploaded “blurred results ” unto the INEC Results Viewing (IReV) Portals, not one polling units was cited. “They did not specify polling units where election results were not uploaded” or where scores attributed to them was reduced or added to Tinubu”. “They did not show the majority of votes they claimed they had scored “, the tribunal held, adding that petitioners only make generic allegations of irregularities and malpractices. Mohammed further faulted the petitioners for relying on a spreadsheet analysis, inspection results and experts reports, adding that such documents ought to be served on the respondents to enable them do their own analysis and respond accordingly. “The spreadsheet report, inspection results and experts reports were not served but only listed as documents to be relied on in adjudicating the petition”, the court held. “It is unimaginable that a petitioner will allege widespread rigging in 176,000 Polling units, over 8,000 wards, 774 LGAs, 36 States and FCT without stating the specific place where the alleged irregularities occur.” Consequent to the above, the tribunal strike out the affected paragraphs as requested by the petitioners. On Obi’s membership of LP as he was still a PDP member. The court overruled the respondents claims stating that  Obi and LP certified the provisions of Obi being a member.

Kogi Guber: Appeal Court dismisses suits seeking Ododo’s disqualification 

The Court of Appeal, Abuja on Friday dismissed the appeals filed by a former Senator representing Kogi West Senatorial District at the National Assembly, Smart Adeyemi and that of a governorship aspirant of the All Progressives Congress (APC) in Kogi state, Mr. Abubakar Achimugu, seeking to nullify the governorship primary election of the party which produced Ahmed Usman Ododo as the party’s flagbearer for the Kogi state governorship election slated for November 11. The court held in a unanimous judgement that the two appeals challenging the judgement of the Federal High Court sitting in Abuja lacked merit and accordingly dismissed them. Justice Muhammed Lawal Shuaibu’s led panel held that the appellants failed to prove the criminal allegations in his case. The Appellate court ruled that the burden of prove lies on the plaintiff who alleges irregularities in the conduct of the primary election of the APC for the nomination of its governorship candidate in the forthcoming governorship election in Kogi state. He said, “the evidence placed before the trial court by the respondents was not controverted by the appellant in this circumstance, issue one is hereby resolved against the appellant. “Where commission of a crime is an issue, it must be proved beyond reasonable doubt. Allegation of falsification of votes is a criminal act and it is required in law to be proved beyond reasonable doubt, which the appellant could not prove, consequently, issue two is resolved against the appellant. “On the whole, the appeal is un-meritorious and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective cost”, Justice Shuaibu held. Recall that Justice James Omotosho of the Federal High Court in Abuja had, in a judgement delivered on July 12, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.  Adeyemi had alleged in his suit that the primary election that purportedly produced Ododo as the APC governorship candidate did not hold and that the results were forged. Delivering judgement in the suit marked FHC/CS/556/2023, Justice Omotosho held that Adeyemi’s allegations of results forgery were criminal and must be proved beyond reasonable doubts. The court noted that the burden of proof was on the applicant to produce the forged results or the original copies of the results to discharge the burden and added that, failure to discharge the burden was fatal to the applicant’s case and further held that, there was evidence that the primary election was validly held and monitored by INEC. Dissatisfied with the judgement which affirmed the primary election that produced Ododo as candidate of the party, Adeyemi approached the appellate court to set aside the judgement. Adeyemi had in his suit at the trial court, sought the cancellation of the primary election on the ground that it was not validly conducted and prayed the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll. The former lawmaker told the court that Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC. Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022. But, in his judgement, Justice Omotosho held that the plaintiff did not by way of credible evidence, establish his allegation and said, he found no reason to invalidate the outcome of the primary election and consequently dismissed the suit for lacking in merit.  In the same vein, the Court of Appeal, Abuja dismissed Achimugu’s appeal against a judgement of a Federal High Court sitting in Abuja which affirmed Ahmed Usman Ododo as the APC flagbearer for the November 11, 2023 governorship election in Kogi state. The appeal was against the judgement of Justice Obiora Egwuatu delivered on 18th July which held that, Ododo can lawfully continue to fly the flag of the APC in the November 11, 2023 governorship election in Kogi State. The appellate court, in a unanimous judgement delivered on Friday held that Achimugu’s appeal is bereft of merit and affirmed the judgement of the trial court. The court consequently dismissed the appeal for lacking in merit. Achimugu had approached the trial court with a suit seeking to disqualify Ododo from contesting the November 11 governorship election on grounds that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election. But, the trial court, in its judgment, held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary. According to Justice Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9. “Satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary election of the APC, the suit is bereft of any merit and is accordingly dismissed”, the court held. Achimugu, in a Notice of Appeal filed on July 21 through his counsel, Josiah Daniel-Ebune said Justice Egwuatu erred in law and occasioned a miscarriage of justice when he held that Ododo and Salami Deedat (2nd and 3rd defendants) duly resigned their appointment and thus, not caught up with the mandatory provision of what the law requires them to do before they participated in the APC’s governorship primary election for Kogi state held on April 15, 2023. He asked the appellate court for an order setting