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Court Sacks 20 Cross River Lawmakers For Defecting To APC

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Symbol of Justice and APC Flag
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A Federal High Court in Abuja has sacked 20 members of the Cross River State House of Assembly for defecting to the All Progressives Congress (APC).

The Peoples Democratic Party (PDP) had instituted a suit against the lawmakers over their defection to the APC.

The affected lawmakers are Michael Etaba, Legor Idagbor, Eteng Jonah William, Joseph A. Bassey, Odey Peter Agbe, Okon E. Ephraim, Regina L. Anyogo, Matthew S. Olory, Ekpo Ekpo Bassey, Ogbor Ogbor Udop, and Ekpe Charles Okon.

Others are Hillary Ekpang Bisong, Francis B. Asuquo, Elvert Ayambem, Davis Etta, Sunday U. Achunekan, Cynthia Nkasi, Edward Ajang, Chris Nja-Mbu Ogar, and Maria Akwaji.

In opposing the suit, Mike Ozekhome, counsel to the 4th-25th defendants, had challenged the court’s jurisdiction to hear the suit.

He submitted that the cause of action arose in Calabar and that the matter should be transferred to the high court in Calabar.

In his judgement, the presiding judge, Justice Taiwo Taiwo, held that “there is nothing against the law that the suit be heard by this court”.

He said the 4-25th defendants are joined with other defendants who have their offices in Abuja.

Furthermore, in their defence, the lawmakers had argued that there was rancor in the PDP which led to their expulsion from the party.

The APC had in their submissions, told the court that the lawmakers are not registered members of their party.

However, the judge held that the defendants had intentions to mislead the court. He said he found gaps and loopholes in their defence as they tried to twist events to suit their own narratives.

Taiwo noted that they not only defect loudly but “took pictures of their defection and were received by the officials of the 26th defendant.

“The is no doubt that the defendants can belong to or join any political association and assembly as they are free to do so. However, the truth must be told.

“I consider the attempts of the 6th – 25th defendants to justify their defection, feeble in the circumstances of this case.”

Taiwo noted that the public voted for the lawmakers through the plaintiff who sponsored them and they were not voted for as independent candidates.

“They had a vehicle which conveyed them and that vehicle belongs to the plaintiff. They cannot abandon the vehicle,” he held.

He stated that politicians treat citizens that elected them into power as if they do not matter when they assume office, adding that a day will come when elected officers must resign their post if they migrate to another party or seek the permission of the people for permission before they decamp.

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Judiciary

Osun Election Petition Tribunal: APC, Oyetola file case

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Osun State Governor Adegboyega Oyetola Dotting lines of the Petition
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…We ‘ve fundamental grounds to seek justice, ensure victory for our clients – petitioners’ counsel

Following the outcome of the July 16 governorship election in Osun, Governor Adegboyega Oyetola and his party, the All Progressives Congress (APC) on Friday filed a petition before the Election Petition Tribunal sitting at the State High Court, Osogbo.

The petitioners who were seeking justice challenged the results of the election in some of the Local Government Areas and prayed the Tribunal to return their mandate to them.

This is even as the first petitioner and  Governor of the State, Mr. Adegboyega Oyetola was physically present at the Tribunal to sign the petition filed before the tribunal.

Recall that the Independent National Electoral Commission (INEC) had declared Senator Ademola Adeleke winner of the July 16 governorship election having polled a total number of 403,271 against 375,027 polled by Governor Adegboyega Oyetola.

Addressing journalists shortly after the petition was filed, signed and sealed, one of the petitioners’ Counsels, Mr. Kunle Adegoke (SAN) expressed confidence in the substance of the petition to ensure victory for Governor Adegboyega Oyetola and the ruling party.

According to him, the legal team of the petitioners have established fundamental grounds to seek justice and ensure victory for them in view of the  substance of the case.

“We ‘re here to file a petition on behalf of Governor Adegboyega Oyetola and the All Progressives Congress (APC) in respect of July 16 governorship election in the State. The petition has been filed and it has been received by the registry of the tribunal.

“In the next few days, activities will be in top gear in respect to the proceedings of the tribunal. So, we are here today with the petition which has fundamental grounds upon which we believe the election ought to have been returned in favour of Mr. Adegboyega Oyetola and All Progressives Congress (APC).

“We are confident of the petition and we are confident of victory”, he added.

Also, the State Chairman of the All Progressives Congress (APC) while fielding questions from journalists, expressed confidence in the substance of the petition saying ‘by the grace of God, we will win the case and come out victorious”

“We are here today to file our election petition to challenge the outcome of the July 16 governorship election in Osun. We just filed it, signed and  sealed for the tribunal to take over from there.

“By the grace of God we are confident of victory. The members of the party are in tune with me that is why you see many of them here with me. A lot of people are here today believing that we have a good case and by the grace of God we will have a cause to jubilate at the end of the case”, Famodun said.

 

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Judiciary

Ekiti Guber Poll Fall Out: Court Strikes Out Suit Challenging Gov-Elect’s Candidacy

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Ekiti Governor Elect, Biodun Abayomi Oyebanji
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A Federal High Court, Ado Ekiti Division, has struck out a suit filed by an All Progressives Congress governorship aspirant in the January 27 primary in Ekiti State, Kayode Ojo, challenging the emergence of the governor-elect, Mr Biodun Oyebanji, as the party candidate.

Ojo, dissatisfied with the conduct of the APC governorship primary, had approached the court, urging it to nullify what he called “gross irregularities” in the exercise.

He also faulted the use of individuals he described as political appointees as electoral committee/returning officers and consequently ordered a fresh primary.

But APC and Oyebanji, who were first and second defendants in the suit, averred that the direct primary held in all the 177 wards in the state were valid and in compliance with the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2010 (as amended), and the constitution and guidelines of the party.

While Ojo’s counsels urged the court to uphold their statement of claims and grant them the reliefs being sought, counsels to Oyebanji said that the suit was not competent, saying that the discrepancies in the originating processes had rendered the case academic.

Delivering judgment, Justice Babs Kuewumi, who upheld the preliminary objection of the counsel to Oyebanji, Mr Kabir Akingbolu, that the writ of summons and statement of claims of Ojo were defective which dealt a fatal blow to the case, threw out the case.

Justice Kuewumi said, “Due to the irregularities in the identity of the lawyers who filled the processes, the case is defective and terribly bad. As the Bible says, when the foundation is bad what can the righteous do? We must know you can’t put something on nothing, which therefore renders the entire suit as a mere academic exercise. I hereby strike out the suit.

“Having ruled on the issue of objection, there is no further judgment to deliver. The plaintiff is free to approach the higher court for appeal.”

Counsel to Oyebanji, Akingbolu, expressed satisfaction with the verdict, saying, “Before a process is filed in court, a known lawyer must sign, it but many lawyers subscribed to this originating process but there was only one signature. The law is that you must tick the name of the person who signed it and this was not done in this case.

“Again, the NBA seal, which is the authority of office for a lawyer to signal document was affixed but the name on the seal was different from the one on all the process.

“So, there was no way the court could determine whether it was signed by a clerk or whether it was signed by a street urchin or a lawyer. On the ground, the court has rightly thrown away the case and the whole thing has crumbled.”

However, Ojo rejected the judgment, saying, “The judge wrongly dismissed our case based on technicallity. Though, we believe in the santity of the court, but the judge erred in his judgement and we know the appeal court will correct the error.

 

 

 

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Judiciary

Better days are here for Judges – Buhari

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President Muhammadu Buhari
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President Muhammadu Buhari says the degenerate welfare and working conditions of the nation’s judiciary, are “serious and would be treated as such,” even as he cautions on the dire state of the country’s economy “currently battling insecurity, corruption and economic challenges,” aggravated by the COVID-19 and the war in Ukraine.

Speaking Thursday at the State House, on the occasion of a visit by the chairman and representatives of the Body of Benchers, a body of legal practitioners of “the highest distinction in the legal profession” President Buhari said a democratic government like the one he leads, “standing on a tripod comprising the Executive, Legislature and Judiciary, cannot stand where one of its three pillars, the Judiciary is not properly nurtured, maintained and sustained to deliver on its very pivotal constitutional duties.”

He therefore promised to act quickly on the report of the committee he set up on his own back in 2018 to review the welfare and working conditions of the judiciary:
“Let me assure you that the issues would be given due and urgent attention within the resources available to government.”

The president congratulated the Body of Benchers on the successful completion of the “Benchers’ complex at Jabi,” a building described as impressive that would house the body and provide conference facilities and accepted their invitation to personally commission the structure.

In his presentation, the chairman of the Body of Benchers, Wale Olanipekun, Senior Advocate of Nigeria, described the condition under which judges, especially the Justices of the Supreme Court work as pathetic, appalling and below the minimum standards that are required:
“We want to plead with you. We need to bail out the Judiciary.

The situation is bad. Let us sympathise with the Judiciary. I know you to have respect, feelings for the Judiciary.

You have sympathy, empathy and consideration. The Body of Benchers as elders of the legal profession makes these recommendations to Your Excellency, with a plea that they should be attended to urgently.”

In his introductory remarks, the Attorney General and Minister of Justice, Abubakar Malami, SAN, made a case for collaboration of the Executive and the Judicial arms, to “open the books to enable both sides see the depth of the decay and know how far to go in putting in place the necessary remedial measures.”

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