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Judiciary

Rivers senatorial poll: Court orders INEC to recognise Atteng as SDP candidate

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A Federal High Court, Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to accept and publish Fred Atteng’s name as Social Democratic Party (SDP)’s candidate for the Feb. 25 Rivers South East Senatorial District election.

Justice Emeka Nwite, in a judgment, held that the refusal of INEC to recognise Atteng’s name as sent to it by the party for substitution was contrary to the provisions of the Electoral Act, 2022.

Justice Nwite said that going by the provision of Section 29 of the Electoral Act, a candidate can only be substituted either as a result of death or withdrawal from a poll.

The judge agreed with the plaintiffs that Gokana Geoffrey, having withdrawn his candidature and resigned his membership from the party as its candidate for the senatorial district poll, and the party, having conducted another primary within 14 days of the action and monitored by INEC, the commission ought to have recognised the new candidate sent to it.

The News Agency of Nigeria (NAN) reports that SDP and Fred Atteng had sued INEC as sole defendant in the suit marked: FHC/ABJ/CS/2205/2022.

In the amended originating summons dated Dec. 14, 2022 and filed Dec. 15, 2022 by their team of lawyers, the plaintiffs sought a court declaration that by virtue of Sections 65(2) (b), 106 (d), 177(c) and 187 (1) & (2) of the 1999 Constitution (as amended), INEC cannot recognise Gokana Geoffrey, who had withdrawn his candidature and resigned his membership from SDP as their candidate for the Rivers South East Senatorial District election.

Besides, they averred that the commission cannot refuse to accept the name of Mr Atteng submitted to it as party’s candidate after a validly conducted and monitored primary.

They, therefore, sought an order, directing INEC to allow the party submit Atteng’s name as represented by it, following Geoffrey’s withdrawal from the race and his subsequent resignation from the party, among others.

Though the matter was slated for judgment last Friday, the judge adjourned the matter due to a counter affidavit earlier filed by INEC dated Dec. 30, 2022.

Besides, INEC was not represented in court despite a notice of judgment served on the commission.

Counsel to the plaintiffs, Jibrin Jibrin, had earlier prayed the court to dismiss INEC’s counter affidavit which, he argued, was filed out of time contrary to Order 3, Rules 3 to 4 of the FHC Practice Direction.

In addition, he said they were not served with the said application.

When the matter was called on Monday, though Musa Ogah appeared for the plaintiffs, no lawyer represented INEC in court.

Delivering the judgment, Justice Nwite agreed with the plaintiffs that “elections are sui generis.”

He held that though the electoral umpire had about 10 days to respond to the originating summons served on them by the plaintiffs, the commission only responded on Dec. 30, 2022.

Nwite, therefore, discountenanced INEC’s application.

He said though the commission was the statutory body empowered to regulate activities of elections in the country, this must be done within enabling provisions of the law.

He held that INEC’s scheduled of activities to ensure a successful election cannot supercede the Electoral Act, 2022.

The judge, who directed INEC to allow SDP submit its candidate for substitution in the poll, order the commission to accept and publish Atteng’s name as the party’s candidate for the Rivers senatorial election.

 

 

(NAN)

 

 

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Judiciary

Court Jails Two Chinese Nationals 46 Years Each for Cyberterrorism, Fraud

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Two Chinese nationals, Huang Haoyu and An Hongxu
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The Federal High Court sitting in Ikoyi, Lagos, on Wednesday sentenced two Chinese nationals, Huang Haoyu and An Hongxu, to 46 years’ imprisonment each for cyberterrorism and internet fraud.

The trial judge, Justice Daniel Osiagor, handed down the sentence after the defendants changed their initial not guilty pleas to guilty during the court proceedings.

Huang and Hongxu were arraigned alongside one Friday Audu on a seven-count charge bordering on cyberterrorism, internet fraud, and money laundering involving N3.4 billion and $2.56 million.

The convicts were among 792 suspected fraudsters arrested on December 19, 2024, during a coordinated operation by the Economic and Financial Crimes Commission (EFCC) tagged “Eagle Flush Operation.”

According to the prosecution, the syndicate orchestrated cryptocurrency, investment, and romance scams targeting unsuspecting victims. Investigations further revealed that Audu, allegedly acting on Huang’s instruction, incorporated Genting International Co. Ltd. to facilitate the fraudulent operations.

The court also heard that the defendants recruited Nigerian youths to impersonate foreign nationals online as part of the scheme to defraud victims.

Following their guilty pleas, the prosecution urged the court to impose the maximum penalty prescribed by law.

In his judgment, Justice Osiagor convicted and sentenced Huang and Hongxu to a cumulative term of 46 years’ imprisonment each, with an option of a N56 million fine. The court also ordered three days of community service and directed that the convicts be repatriated to China upon completion of their sentences.

Additionally, the court granted the prosecution’s application for the forfeiture of all items recovered during the EFCC investigation to the Federal Government.

The forfeited items include 1,596 mobile phones, 43 computer systems, hundreds of SIM cards, office equipment, generators, vehicles, and other electronic devices seized from four properties located in Victoria Island and Ikoyi, Lagos.

Meanwhile, the trial of the third defendant, Friday Audu, who maintained his not guilty plea, has been adjourned to April 29, 2026, for continuation of proceedings.

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Judiciary

Nnamdi Kanu Opts to Defend Himself as Legal Team Withdraws from Trial

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Nnamdi Kanu
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A dramatic twist unfolded on Thursday at the Federal High Court in Abuja as the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, announced that he would represent himself in court following the withdrawal of his entire legal team.

Lead counsel, Chief Kanu Agabi (SAN), informed the court that he and other Senior Advocates had stepped down from the case, stating that Kanu had decided to “take back his case.”

Confirming the development, Kanu told the presiding judge, “I will be representing myself for now. That might change later.” When asked if he wanted the court to assign a lawyer to him, he declined.

Speaking directly before the bench, Kanu argued that the court lacked jurisdiction to continue with the case against him. His submission formed part of an oral argument he personally presented—a rare occurrence in such a high-profile criminal trial.

The development marks a new phase in the long-running case, which has faced multiple adjournments and legal battles since Kanu’s arrest and extradition from Kenya to Nigeria in 2021.

Kanu faces charges bordering on treasonable felony and terrorism-related offences. Legal observers say his decision to conduct his own defence could significantly affect the direction and tempo of the trial in the coming weeks.

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Judiciary

Natasha Files Objections to FG’s Criminal Defamation Suit

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, Senator Natasha Akpoti-Uduaghan
Senator Natasha Akpoti-Uduaghan
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Senator Natasha Akpoti-Uduaghan has filed preliminary objections before the High Court of the Federal Capital Territory and the Federal High Court, contesting criminal defamation charges instituted against her by the Federal Government.

The senator described the case as an abuse of power and a calculated attempt at political persecution, alleging that the charges arose from petitions filed by Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello.

Her legal team, led by four Senior Advocates of Nigeria—Prof. Roland Otaru, SAN; Dr. E. West-Idahosa, SAN; J.J. Usman, SAN; and M.J. Numa, SAN—argued that the prosecutions are unconstitutional and aimed at silencing opposition voices rather than advancing public interest or national security.

The lawyers tendered exhibits indicating that the senator’s comments were part of legitimate public discourse and media commentary. They further contended that the Attorney-General of the Federation lacks the legal standing to prosecute defamation cases on behalf of private individuals.

According to the defence, defamation is a civil matter and criminalizing it amounts to intimidation, suppression of free speech, and misuse of the justice system.

Senator Akpoti-Uduaghan also accused authorities of selective justice, stating that while her own petitions over threats to her life were ignored, complaints from her political rivals were quickly acted upon. She maintained that this amounts to discriminatory prosecution in violation of Section 42 of the Constitution.

Her lawyers urged the courts to dismiss the cases at the preliminary stage, warning that allowing them to proceed would erode public confidence in the justice system and waste national resources.

 

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