Supreme Court Reserves Judgment On Atiku, Obi’s Petition Against Tinubu

The Supreme Court, will on a later date, give judgment on the appeal by the presidential candidate of the Peoples Democratic Party(PDP), Alhaji Atiku Abubakar and Peter Obi of the Labour Party (LP) against President Bola Ahmed Tinubu. The petitioners are seeking to dismiss and set aside the September 6, judgement of the Presidential Election Petition Court, which affirmed the election of Bola Tinubu as President.  A 7-man panel of Justices led by John Okoro Inyang, after hearing the appeal,  said the date for judgment would be communicated to parties. Other Justices on the panel are: Uwani Abaji, Lawal Garba, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar, and Emma Agim.  At Monday’s sitting, Chief Chris Uche SAN, appeared for the Atiku, Levi Uzoukwu SAN for Obi and  Abubakar Mahmoud SAN announced appearance for the Independent National Electoral Commission (1st Respondent). Chief Wole Olanipekun SAN, represented the 2nd Respondent, President Bola Tinubu, while Chief Akin Olujimi SAN, announced legal representation for the All Progressives Congress (3rd Respondent). In a Notice of Appeal predicated on 35 grounds, Atiku told the apex court that the tribunal in the judgment delivered by Justice Haruna Tsammani erred on the side of law and miscarriage of justice in its findings and conclusion in the petition. He maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the tribunal, INEC conducted the election based on grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation”. Obi on his part, wants the Apex Court to set aside the whole findings and conclusions of the Tribunal on the grounds that they did not represent the true picture of the grounds of his petition. Reacting, counsel to the 1st, 2nd and 3rd Respondents respectively, urged the court to dismiss the appeal for want of merit and for being frivolous. Specifically, Tinubu’s lawyer, Wole Olanipekun SAN described Atiku’s appeal as abusive in nature and ask it to dismiss it. Tinubu urged the apex court to act in like manner of the Presidential Election Petition Tribunal (PEPT), by not only dismissing the appeal for lacking in merit and bona fide, but affirm his victory. Counsel to the INEC and APC also asked the panel to dismiss the appeal for want of merit.

Rivers: Tribunal Dismisses Labour Party’s Petition Against Fubara’s Election Victory

The Rivers State Governorship Election petition, convened in Abuja, has rejected the petition submitted by the Labour Party’s gubernatorial candidate in Rivers State, Beatrice Itubo. She was challenging the victory of Simnalayi Fubara from the People’s Democratic Party (PDP). After the announcement of Fubara as the victor in the March 18 governorship election, both the Labour Party (LP) and the All Progressives Congress (APC), along with their respective candidates, submitted petitions to the tribunal. Fubara secured 302,614 votes, defeating his closest rival Tonye Cole of the APC, who garnered 95,274 votes. The Social Democratic Party (SDP) candidate, Senator Magnus Abe, and Itubo trailed behind in third and fourth places, with 46,981 and 22,224 votes, respectively. On September 13, the tribunal reserved its judgment on Cole’s petition, which sought the annulment of Fubara’s victory. After the parties presented their final written arguments and made their case for or against the petition, the three-member tribunal, chaired by Justice Cletus Emifonye, adjourned the matter for judgment. However, in its ruling on the LP’s petition on Monday, the Justice Emifonye-led tribunal dismissed the petition, citing a lack of merit and the failure to substantiate the allegations made.

Kogi Community Petitions IGP Over Alleged Mining License Fraud by Village Head

The Orinono Community Centre in Kogi State has lodged a formal complaint with the Inspector General of Police (IGP) against Mr. Ujah Sani Simeon, the Ejeh of Olamaboro, accusing him of fraudulent mining license acquisition without the consent of the host community. In a petition dated September 20, 2023, titled “Petition Against Mr. Ujah Sani Simeon, The Ejeh Of Olamaboro Local Government, Kogi State, Hon. Agwoka Peter Abah, Mr. Yusuf Akahaka Iduh, Mr. Musa Balla, Matigo Oguche, Achema Joseph Akor Omale, And Luke Usman,” the community demanded a thorough investigation into the matter. According to the petition, Mr. Ujah Sani Simeon, who is not a member of Orinono Community, allegedly forged signatures of some community members to fraudulently obtain a small-scale mining lease without their consent. The lease was granted in his personal name on May 22, 2023. The Orinono Community’s lawyer, Ojonimi S. Apeh Esq., stated that attempts to amicably resolve the dispute had failed. The community claims that Simeon has been resorting to threats, including threats of violence and kidnapping, to maintain his authority as the Ejeh of Olamaboro. The petition highlighted that Olamaboro Local Government Area (LGA) comprises several communities, each with its respective Chiefs (Gagos) and Chiefdoms, pre-dating the creation of the local government and the state itself. Orinono Centre is an ancient community with its own Chief (Gago) and Chiefdom, where coal, a valuable solid mineral, is discovered. Trouble began when the community discovered on August 4, 2023, that their village stream, the sole source of water, was contaminated due to illegal mining activities by Simeon and his security personnel. The Ministry of Mines was informed, which prompted an investigation and a directive to Simeon to suspend further mining activities, a directive he allegedly ignored. Instead, he continued mining and hired more security personnel, causing security breaches in Orinono Centre. The community further claimed that the clandestine activities of Simeon and his security personnel have led to crimes within the community, leaving residents in fear of kidnapping, violence, and assault. The petition also accused specific individuals, including Hon. Agwoka Peter Abah, Mr. Yusuf Akahaka Iduh, Mr. Musa Balla, Matigo Oguche, Achema Joseph Akor Omale, and Luke Usman, of vandalizing properties and destroying farmlands in the community. The Orinono Community Centre called on the IGP to investigate the alleged criminal activities, ensure justice is served, and safeguard the security and well-being of its members.

Taraba State and oppositions to Gov Kefas’ planned N206bn loan

I’m compelled to put up this rejoinder in a bid to the ongoing effort by the Executive Governor of Taraba State Dr. Agbu Kefas to access some loan to the tune of N206, 776,000,000, from the commercial banks. One concerned citizen of the State, Mallam Abdulluhi Umar has petitioned the Acting Governor of Central Bank of Nigeria Mr. Folashdun Shounbi not to grant the loan to the Taraba state government. At the same time, he also urged the Acting CBN Governor to immediately instruct the affected commercial banks to suspend any consideration of granting the requested loan facilities. The petitioner noted that he was worried and concerned because the loan facilities being sought by the state Government were characterized by the brazen violations of subsisting laws of Nigeria guiding the process of the loan application by the various tiers of Government. Mallam Umar cautioned the relevant agencies to investigate the loan process. Umar the petitioner writing through his Counsel, Parlance law office in Garki Abuja, in an 8 pages letter dated 9th August 2023, stated that he was bringing the information to the attention of the Acting CBN Governor for immediate investigation and to daunt all banks involved in the process. Copied in the petition were President Bola Ahmed Tinubu, the Senate President, the Speaker of House of Representative, the Federal Ministry of Finance, other agencies copied are the Ministry of Justice, the Nigeria Financial Intelligence Unit, EFCC Chairman and the NFIU, among others. The petitioner further alleged that the recent loan facilities requested by the state Government from the commercial banks was hasty, ill-conceived, a wasteful venture, that the loan is politically motivated to consolidate power of an embattled Governor, facing challenges to his petition in court, and an attempt by the Governor to put the State in a state of perpetual servitude of paying debts beyond its means and penury under the guise of embarking on purported developmental activities. Ironically, this is uncalled for, a laughable, pathetic and antagonist from the petitioner, that is an enemy of the state. He should know that this is a new administration that just came on board and needed to fulfill all the campaign promises to the state to enable the new Government progress and achieve its tremendous project within and outside the state.  It’s not business as usual, from the former regime. This Government is committed with a lot of projects to execute in many areas, before his 100 days in office and they include tourism, transportation, health, Agriculture and Education among others to be mentioned.  The loan facilities are needed to achieve some of the projects stipulated above to meet its goals and objectives.  The Governor, Dr. Agbu Kefas had on 2nd July 2023, written to the Taraba State House Assembly seeking approval to enable the state Government access loan facilities worth the sum of N206 billion only from four commercial banks he explained. The letter was read by the speaker of the house, Honorable John Kirito Bonzena, on the floor of the parliament and subsequently, it was promptly approved by the state house of assembly. The petitioner claimed the move is hasty and ill-advised. The four commercial banks involved in the loan application and their respective loan amounts are as follows; Zenith Bank Plc (83,300,000,000. only) UBA Plc (50,000,000,000. only) Fidelity Bank Plc (50,000,000,000. Only) Keystone Bank Plc (23, 000, 000, 000.  Only).  In addition, the Governor stated that the security for the loan facility from Zenith Bank Plc shall be deducted from the FAAC allocation to Taraba State. While that for the facility from UBA Plc shall be deducted from JAAC belonging to the Taraba State. Furthermore, he stressed that the security loan facility from Fidelity Bank Plc shall be deducted from VAT accruable to Taraba State and finally, the security for the facility from Keystone Bank shall be deducted from Taraba State Internally Generated Revenue (IGR) The Governor explained further, that the total rate of the facilities shall be 23% in total, comprising 18% interest and 5% administrative charges deductible upfront, and the tenor of the listed facilities is four (4) years only. Meanwhile the petitioner in his words questioned that the loan facilities and its unfavorable conditions were yet to be fully disclosed to the state house assembly by the ministry of Finance, Budget and planning. The petitioner stresses that the Governor has hotly contested the ongoing litigation at the Taraba Governorship election Tribunal that is yet to deliver its Judgment. Also, he said that the loan amount can be easily diverted to other projects unconnected with what the loan was meant for since the position of the current Government is shaky and may be set aside by the court, His concern was how would the Government repay the huge loans granted to the State? The petitioner is an attention seeker that want to be recognize in a public domain, I could see his frustration, haven’t lost woefully to the People Democratic Party (PDP) with a wild margin, the petitioner is looking for all means to antagonize the present government not to achieved his campaign promise to the good people of the state is a bad omen. Mallam Umar, the Governorship election petition in court is dead on arrival that has no merit, the curtain has been drawn a long time ago, the litigation is a baseless one, nothing good will come out of the petition. I would like to make clear that having litigations going on in a court of law has nothing to do with Governmental activities, Government is a continuing process, with or without the loan Taraba would progress beyond expectations. The Governor Kefas administration is determined to see Taraba state moving to the right direction in terms of development. He was working tirelessly inviting foreign investors to come and invest in Taraba, the God given state that has a lot of natural resources to compete with the rest of the world to showcase Taraba state around the globe. Dr. Agbu Kefas the Executive Governor of the

Suspended Adamawa REC petitions NBA over planned disciplinary action

The suspended Independent National Electoral Commission’s (INEC) Resident Electoral Commissioner (REC) for Adamawa State, Hudu Yunusa Ari, Esq. has petitioned the Nigerian Bar Association (NBA), urging it to stay action on the alleged moves to refer him to the Legal Practitioners Disciplinary Committee. Ari argued that the subject-matter of his actions is pending before the Adamawa State High Court in Charge No. HC/ADSY/15/2023, which was filed on July 5, 2023. He submitted that the move to discipline him will amount to double jeopardy since the matter is subjudice before a court of competent jurisdiction. “Mr President, your alleged anticipated referring me to the Legal Practitioners Disciplinary Committee may result in double jeopardy against me and a breach of my fair hearing contrary to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as Amended,” Ari stated.  He expressed optimism that the alleged plans to refer him to the LPDC will remain only an allegation, adding that the “Nigeria Bar Association, has been in the forefront of advising against comments or taking steps on matters pending before courts of law in the overall interest of justice”.  “It is in the light of the above, especially the pending cases and criminal charge on the same subject matter, that I request that you stay any action regarding the subject matter of my duties as Resident Electoral Commissioner during the Adamawa Gubernatorial Elections and to refrain from referring the matter to the Legal Practitioners Disciplinary Committee, as to do otherwise would violate sections 144, 145 and 149 of the Electoral Act; Section 36 of the Constitution and; will grossly undermine the proceedings in the various courts,” Ari wrote.  The acknowledged copy the petition by Ari, titled: Re: Fallout Concerning My Role As Resident Electoral Commissioner Concerning The 2023 Adamawa State Governorship Election, Request For Stay of Action Thereto” was dated August 21, 2023, and addressed to the NBA President.  Ari said his letter was informed by reports and speculations in the media space that he would be referred to the Legal Practitioners Disciplinary Committee following his role at the Adamawa State supplementary Gubernatorial Elections of the 15th April, 2023. As a member of the NBA and a law-abiding citizen of Nigeria, Ari told the NBA President that the circumstances which led to his actions as the INEC’s REC, which is allegedly the loadstar of his reference to the disciplinary committee is also the subject matter in suit no. FHC/ABJ/CS/935/2023; charge no. HC/ADSY/15/2023, and Election Petition No. EPT/AD/GV/01/2023, are all pending before superior courts of record in Nigeria. Ari explained that the various suits are seeking the interpretation of sections 144 and 145 of the Electoral Act, 2022, regarding the proprietary or otherwise of his declaration of Aishatu Ahmed Dahiru as winner of the Adamawa Gubernatorial Election.  “Indeed, on 22nd July, 2023, I would have had an opportunity of presenting those facts at the Adamawa State Governorship Tribunal, for the benefit of the whole public and for posterity’s sake, but for the sustained objection of the Respopondents who objected to my being a witness in the Petition of Aishatu Ahmed Dahiru” Ari told the NBA.  He reminded the NBA President, that as legal practitioners, “we have been admonished to refrain from making comments on issues that are still pending before the courts so as not to prejudice them.  “With the preceding in mind, I am constrained, out of my deepest respect for the NBA and the rule of law, to only, briefly, state the facts, in order keep you abreast with the events that led to the subject matter of the alleged intention to bring me before the Disciplinary Committee and which, as I earlier mentioned, is still subject of various litigations.  “I would continue to maintain the position, due to documents available to me and now before the Tribunal that on the 15th April, 2023, I was compelled by the prevailing circumstances at the time and for the need to uphold the integrity of the Commission to declare Aishatu Ahmed Dahiru as winner of the Adamawa Gubernatorial Election based on the vacuum created as a result of the complicity of the Returning Officer and two National Electoral Commissioners aimed at thwarting the transparency of the said elections.  “It is pertinent to note that the Commission, who is the 1st Respondent in the Election Petition, which basically revolves round the lawfulness or otherwise of my declaration, resulting to my suspension from duty, litigations and the speculations of disciplinary action against me, listed 25 witnesses but could not produce any. The same applies to the 37 Respondent, PDP, who listed 15 witnesses. “Similarly, the 2nd Respondent, His Excellency, Governor Ahmadu Umaru Fintiri listed 15 witnesses but was only able to secure one hostile witness who gave evidence in support of the Petition,” Ari told the NBA President. 

Kogi Guber: Falana petitions IGP, alleges Bello’s plans to eliminate Ajaka

Femi Falana SAN, has petitioned the Inspector General of Police (IGP) Egbetokun Olukayode, alleging that Governor Yahaya Bello plans to eliminate the Social Democratic Party (SDP) gubernatorial candidate in the Kogi gubernatorial race, Muritala Yakubu Ajaka. According to the senior lawyer, since Ajaka was nominated as the flagbearer by his party, the incumbent governor has taken it upon himself to ensure that his political party and supporters would not enjoy peace in the state or be allowed to exercise their fundamental rights of peaceful assembly and association.  Falana, in a statement he signed on 12th July, alleges that Bello uses his executive powers to launch a series of violent attacks on Ajaka, his political party and his teeming supporters as they have become victims of unwarranted harassment, intimidation and cheap blackmail. He posited that the illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State. The petition is following the recent attack on his client while returning from a thank you tour of the state on the 3rd day of June 2023, along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi. The statement further stated that shortly after this incident, Gov Bello addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part. Falana, also revealed that, to follow up the incident, Alaka petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated. However, rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony. The petition reads: “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony. “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony Our client is an Indigene of Kogi State and the Governorship candidate of the Social Democratic Party (SDP) in Kogi State for the forthcoming 2023 governorship elections in Kogi State.  “Our client’s brief is that since he was nominated by his party as its candidate for the forthcoming governorship elections in Kogi State, the State Governor, ALHAJI YAHAYA BELLO has taken it upon himself to ensure that our client, his political party and supporters would not enjoy peace in Kogi State or be allowed to exercise their fundamental rights of peaceful assembly and association.  “Consequently, it is our client’s further brief that the state Governor using his executive powers has lunched series of violent attacks on our client, his political party and his teeming supporters. The illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State. “Thus, without any legal justification, our client has become a victim of unwarranted harassment, intimidation and cheap blackmail. For instance, while on a thank you tour of the state on the 3rd day of June 2023, our client was attacked along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi. “The dastardly attack took place while our client and his supporters were returning to Lokoja around the Banda Nataco Axis. Our Client’s convoy was attacked by armed gun men who were dressed in police uniform in official vehicles of the Kogi State Government. “Life bullets were sporadically fired directly at our client with the sole intent to assassinate him. While our client was lucky, some of his supporters were seriously injured and were rushed to the hospital where they were treated for different degrees of bullet wounds. “It is worthy to note that shortly after this incent the Governor of Kogi State addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part. “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony. “Our client as a Nigerian Citizen, an indigene of Kogi State and a Governorship candidate of the Social Democratic Party in Kogi State is entitled to the constitutional protection of his right to vote and be voted for. And in the exercise of this right, the Kogi State Governor lacks the authority to use state actors and non state actors to harass, intimidate and blackmail our client. “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony. “We further demand that you direct the immediate demobilization of all armed thugs and killer squads