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Osun 2022: Oyetola appeals court ruling nullifying his candidacy

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Former Osun State Governor Gboyega Oyetola
Osun State Governor Adegboyega Oyetola
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…seeks stay of execution on judgement

Governor Adegboyega Oyetola of Osun has appealed the Federal High Court judgement that nullified his nomination as the candidate of the All Progressives Congress (APC) for the July 16, 2022 governorship election in the State.

This is as the Governor and his deputy have also filed an application before the Federal High Court in Abuja, seeking to stay execution of the court judgment pending the final determination of the appeal.

Justice Emeka Nwite of the FHC, Abuja, had while delivering ruling in the suit filed by the Peoples Democratic Party, PDP, invalidated the candidacy of Oyetola and his deputy, Benedict Alabi, on the grounds that Governor Mai Mala Buni of Yobe, who submitted their names to the Independent National Electoral Commission (INEC) violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act, 2022.

Oyetola and Alabi in an appeal filed by the APC through their counsels, Dr Abiodun Layonu (SAN) and Abdulfatai Oyedele, listed 19 grounds of appeal against the lower court judgment.

According to them, the decision of the Federal High Court was against the weight of evidence and constitutes a grave miscarriage of justice. They therefore asked the Court of Appeal to set aside the ruling of the lower court and affirm their nominations as valid and lawful.

In the appeal, the governor and his deputy argued that all the actions taken by Governor Buni in respect of their nominations were valid and legally cognizable as it was in compliance with the provisions of the Electoral Act 2022 and the 1999 Constitution of Nigeria.

The appellants noted that the setting up of the defunct Caretaker Committee/Extra-ordinary Planning Committee (CCEPC) by the National Executive Committee (NEC) of the party did not violate provision of the Constitution and Section 82(3) of the Electoral Act 2022.

The APC further argued that the PDP lacked the locus to commence the legal action against Governor Oyetola as the issue of nomination of candidate was an internal affair of political parties, hence does not concern the PDP.

“By the provision of Section 84(14) of the Electoral Act 2022, it is only an aspirant that participated in the primary election that can complain that the provision of the Electoral Act and the guidelines of the political party have not been complied with in the selection or nomination of candidate of a political party for an election.

“The issue of nomination and sponsorship of candidates of a political party is strictly an internal affair of a political party which is not justiciable. The 1st respondent (the PDP) therefore lacks the locus standi to bring any cause of action that relates to internal affairs of the appellant (APC),” it said.

Another ground of appeal filed by the appellant was that the suit initiated by the PDP had been caught by the Issue of Estoppel which indicates that where an issue has been decided by a competent court, the court will not allow it to be re-litigated by different parties.

“The principal issue raised by the 1st Respondent (PDP) before the trial court is whether the 3rd and 4th Defendants (Oyetola and his deputy) were validly nominated and sponsored for the Gubernatorial Election held in Osun on the 16th of July, 2022.

“This same issue involving the same parties have been laid to rest in the case of JEGEDE V. INEC (2021) 14 NWLR (1797) 409 and Plaintiff suit as presently constituted is a duplication, repetition and remake of what has been settled and decided by the Supreme Court in the said case.

“The provisions of Sections 180 and 183 of the Constitution upon which the decision of the Supreme Court in JEGEDE V. INEC was based is still very extant.”

The appellant therefore held that the suit filed by the PDP was an abuse of Court process and that the trial court lacked the jurisdiction to adjudicate upon it.

The APC also argued that the suit filed by the PDP was statute-barred as the party failed to file the case within the time frame stipulated by the Constitution, hence, the court lacks the jurisdiction to adjudicate upon it.

“The law stipulates that every pre-election matter must be filed within 14 days from the date of occurrence of the event, decision and act complained of in the suit. The period within which to file action elapsed on the 31st of March, 2022, and the PDP filed the suit on 7 April.

“Therefore, the court lacks the jurisdiction to adjudicate upon the 1st respondent’s suit as the action was statute barred. The act complained of came into existence on or before 18th March, 2022 and not 25th March, 2022 as claimed by the 1st respondent.”

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Judiciary

Court Disqualifies Uzodimma as APC Imo West Senatorial Candidate, Declares Okorocha Primary Winner

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Imo State Governor, Hope Uzodimma
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The Federal High Court in Abuja has disqualified Imo State Governor, Hope Uzodimma, from presenting himself as the All Progressives Congress (APC) candidate for the Imo West Senatorial District in the 2027 general elections, declaring former governor Rochas Okorocha the winner of the party’s May 18 primary election.

Justice Obiora Egwuatu, in his judgment delivered on Thursday, held that the evidence before the court established that Okorocha secured the majority of votes cast during the primary election conducted by the APC and monitored by the Independent National Electoral Commission (INEC).

Consequently, the court ordered Uzodimma to immediately cease presenting himself as the APC’s senatorial candidate for Imo West. It also directed the party to submit Okorocha’s name to INEC as its duly nominated candidate for the January 16, 2027 senatorial election.

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Judiciary

Wiretapping Allegation: Court Orders El-Rufai to Enter Defence

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Former Kaduna State Governor,Nasir El -Rufai
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The Federal High Court in Abuja has dismissed a no-case submission by former Kaduna State Governor, Nasir El-Rufai, and ordered him to enter his defence, if he so wishes, in his ongoing trial over the alleged unlawful interception of telephone communications belonging to National Security Adviser (NSA), Nuhu Ribadu.

Justice Joyce Abdulmalik gave the order on Monday while ruling on El-Rufai’s no-case submission, holding that the prosecution had presented sufficient evidence to warrant calling on the defendant to respond to the allegations.

The dismissal of the no-case submission means the court has found sufficient grounds for El-Rufai to be called upon to present his defence, although it does not amount to a determination of his guilt.

The judge subsequently adjourned the case until November 25 for the defence proceedings.

El-Rufai is standing trial over allegations of unlawfully intercepting Ribadu’s telephone communications, charges he is entitled to defend himself against as the case proceeds.

 

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Judiciary

Imo Court Targets January 2027 for Trial of Five Suspected Kidnappers

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Kidnap Suspects
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An Imo State High Court sitting in Owerri has called for an accelerated hearing of cases involving five suspected kidnappers, directing prosecution and defence counsel to cooperate with the court to ensure judgments are delivered before January 2027.

The presiding judge, Justice Emeka Orafu, made the appeal during proceedings involving three defendants accused of abducting prospective members of the National Youth Service Corps (NYSC) and two others facing charges in a separate kidnapping case.

At the hearing, a Department of State Services (DSS) investigative officer, Ikem Emmanuel, testified on the investigation that led to the arrest of the three defendants in the NYSC-related case.

Emmanuel told the court that the investigation involved intelligence gathering, phone data analysis, record checks, interviews and statements obtained from the defendants, victims and witnesses.

He further disclosed that an identification parade was conducted, during which victims and witnesses allegedly identified the defendants as members of the criminal gang.

The DSS officer also told the court that one of the defendants, Usman Aliyu, admitted in his statement to participating in the operation and allegedly revealed that 11 persons were involved.

According to the witness, the defendants’ statements were obtained in the presence of their legal representatives and DSS legal officers.

In a separate proceeding involving two other defendants, Emmanuel also testified on the investigation, stating that their statements were equally taken in the presence of their lawyers and DSS legal officers.

Following the proceedings, Justice Orafu adjourned the cases to October 27, 28, 29 and 30 for continuation of hearings.

The judge reiterated the need for all counsel to work closely with the court to ensure the cases are determined expeditiously, with judgments delivered before January 2027.

The five defendants are to remain in DSS custody pending the continuation of proceedings.

The cases followed the abduction of 20 prospective corps members by gunmen on October 1, 2026, near Umunoha in Mbaitoli Local Government Area of Imo State.

The victims were reportedly travelling from Ibadan, Oyo State, to their assigned NYSC orientation camps in Abia and Akwa Ibom states when they were abducted.

They and a civilian were rescued six days later from the Amakohia-Ubi forest in Owerri West Local Government Area.

The DSS subsequently arrested five suspects in intelligence-led operations conducted between October 10 and 14 in Port Harcourt, Rivers State, and Aba, Abia State.

The court proceedings are expected to continue later this month as the prosecution presents its evidence in the cases.

 

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