Law
The Court of Appeal comes to judgement like a Daniel
By Chief Mike Ozekhome
Like Nostradamus, the man who saw tomorrow in my above writeup I had thoroughly analysed the judgement in the Umahi case before the Federal High Court, Abuja, the very day it was delivered. I had concluded that the Federal High Court was wrong to have ordered the removal of the Governor and Deputy Governor of Ebonyi state from office over their defection from the PDP to the APC. I had predicted then that the judgement will not stand the acid test or furnace of fire of appellate court decisions and that it will definitely be set aside.
Today, the Court of Appeal, Enugu judicial division, vindicated me fully,like Nostradamus ,the man who saw tomorrow.The Court of Appeal, Enugu judicial division,today unanimously dismissed the Appellants’appeal and held that the defection of Governor David Umahi and his Deputy, Kelechi Igwe, “may be immoral or even improper…it must be acknowledged that membership of political parties is an exercise of the freedom of association guaranteed by section 40 of the Constitution..”
The intermediate court,while commending the learned trial Judge,Njoku, J,also held that to have acceded to the argument of the Appellants’ counsel for the trial court to fill an assumed lacuna in the Constitution by extrapolating consequences for elected legislators provided for in sections 68(1)(g) and 109(1)(g) , so as to make elected Governor and his Deputy to vacate their offices, would “degenerate to judicial rascality”. The court emphasized that it is not the duty of courts to make laws or speculate as to what the intention of the legislature will be outside the express words used in the statute.
As regards the Constitution, “the duty is even higher and it is beyond the courts to insert or manufacture words into the express provisions of the “Constitution”, the court warned.
The intermediate court carefully distinguished the old ( now extinct) cases of AMAECHI VS INEC (2008) LPELR-446(SC); FALEKE VS INEC (2016) 18 NWLR ( 1543), and found them gravely irrelevant in the new dispensation of our constitutional regime, having regards to the provisions of section 141 of the Electoral Act,2010, as amended, and section 285(13) of the 1999 Constitution, as altered. Aside these provisions ,the aforementioned cases have since been consigned to the vehicle of judicial historical oblivion to remain there as relics of the past and artefacts of a national museum. See the new regime of the relevant and appropriate cases by the apex and intermediate courts that now insist that votes wholly belong to candidates ,and not to political parties, which merely serve as their vehicles and agents to canvass for and gather votes for the candidates :
CPC & ANOR VS OMBUGADU & ANOR (2013) LPELR-21007(SC); OZOMGBACHI VS AMADI & ORS ( 2018) LPELR-45152( SC); NGIGE VS AKUNYULI (2012) 15 NWLR( PT 1323) 343; NWANKWO & ANOR VS INEC & ORS (2019).LPELR-48862(CA); HARUNA VS APC & ORS(2019) LPELR-47777( CA).
The Court of Appeal also found that once a person has been elected Governor and he takes the oath of office and allegiance, he can only be removed in accordance with the provisions of sections 180, 188 and 189 of the 1999 Constitution. See MARWA VS NYAKO (2012) LPELR-7837 (SC).
The Court of Appeal was emphatic that defection from the political platform on which a Governor was elected, to another political party, is not one of the factors that can make him lose his seat and cease to be a Governor under the Nigerian Constitution.
The court further held that the case of AG FEDERATION VS ABUBAKAR (2007) 10 NWLR ( PT 1041) 1, was the relevant and apposite authority of the Supreme Court which ought to guide all lower courts in matters concerning defection, using the doctrine of stare decisis.
One major significant pronouncement in this case is that even in the case legislators’s defection, as held in ABEGUNDE VS ONDO STATE HOUSE OF ASSEMBLY & ORS (2015) LPELR -24588 (SC), the consequential order to make them suffer the consequence of loss of their seat is “for bye election to be conducted and not for the vacated seat to be allocated to either the political party or the runners up at the election “.
As we await the final court of the land’s determination of an appeal that will certainly arise from this epochal pronouncement, let me again make it clear for future reference point : the Constitution of Nigeria is clear. No court can read into it what is not contained therein. It is trite, the legal maxim, ” EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS” ( the express mention of one thing is the exclusion of others. See EHUWA V ONDO STATE INDEPENDENT ELECTORAL COMMISSION (2006) LPELR-1056(SC); UDOU & ORS VS ORTHOPEDIC HOSPITAL MANAGEMENT BOARD & ANOR ( 1993) LPELR-3308( SC); SHINKAFI & ANOR VS YARI &ORS (2016) LPELR-26050 (SC).
Some may decide,in their analysis, to pontificate and to talk politics,sentiments, emotions,ethics and morality. In my humble opinion, pulpits,mosques, or even shrines are more appropriate places for such ineffectual liberal disquisitions and moral platitudes. I speak the law, without any partisan colouration. I speak the lex lata ( the law as it is); not the delege ferenda ( the law as you would want it to be). We were so taught in our classes in Jurisprudence.
Legal powerhouse, Falana and Falana Chambers, has filed petitions with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) against Rebecca Omokamo Godwin Isaac, also known as Hajia Bilikisu Ishaqu Aliyu, and her firm, Homadil Realty Limited. 
The allegations include financial fraud, forgery of documents, and illegal land grabbing involving Plot 4022 in Guzape, Abuja.
The petitions, made on behalf of the Yesufu family, accuse Mrs. Omokamo and her associates of conspiracy, forgery, and fraudulent acquisition of funds.
The legal battle dates back to 2014 when Mrs. Omokamo allegedly purchased the disputed land but subsequently lost its title documents. 
The Yesufu family claims ownership and has been in protracted legal and investigative disputes over the land.
In a related incident in May 2024, a PREMIUM TIMES reporter, Emmanuel Agbo, investigating the case, was summoned by the police after communications with Mrs. Omokamo.
She denied the allegations in conversations but later accused the EFCC of harassment in an open letter to President Bola Tinubu. Mrs. Omokamo claimed EFCC interference in what she called a civil matter, further alleging the unjust detention of her husband and staff.
However, subsequent investigations by the EFCC and the Federal Capital Territory Administration (FCTA) reportedly uncovered extensive fraudulent dealings tied to Mrs. Omokamo.
The findings led to separate petitions to the ICPC, prompting further investigations into alleged forgery of land titles and fraudulent sales involving multiple properties, including a 2.3-hectare plot in Katampe District, Abuja.
Efforts to resolve the matter amicably, including appeals by Mrs. Omokamo’s husband and traditional rulers to the Yesufu family, reportedly failed. Allegations emerged that Mrs. Omokamo had sold the Katampe property to over 60 victims using forged documents.
Her purported resistance to settlement and her legal maneuvers to block investigations drew criticism.
In October 2024, Mrs. Omokamo filed a motion at the Federal High Court in Abuja to prevent further investigations by the EFCC and ICPC. Simultaneously, her husband reportedly sought forgiveness from the Yesufu family, a move seen as contradictory given Mrs. Omokamo’s legal actions.
The Yesufu family, represented by Falana and Falana Chambers, has called for the prosecution of Mrs. Omokamo, her husband, and their accomplices.
They also requested investigation reports to aid civil proceedings. Meanwhile, the company’s secretary, Mr. Kolawole James Olowokere, recently withdrew his
In a bid to mark the 2024 Christmas season with acts of compassion, Osun State Governor, Ademola Adeleke, has granted clemency to Segun Olowookere and Sunday Morakinyo.
They were sentenced to death in 2014 for robbery-related offenses committed in 2010.
The duo, aged 17 at the time, had been convicted of stealing two fowls, eggs, and mobile phones from individuals in Okuku, Osun State.
Despite the minor theft, the court had sentenced them to death by hanging in 2014, sparking nationwide outrage over the severity of the punishment.
Ademola Adeleke
They were granted a prerogative of mercy alongside 51 other convicts who had varying levels of sentences in correctional centres in Osun, by the governor.
The governor’s decision, made on the recommendation of the State Advisory Council on the Prerogative of Mercy, highlighted a broader push for prison reforms and justice review in the state.
Governor Adeleke, through his spokesperson, Olawale Rasheed, stated that the clemency alignsled with constitutional powers and the spirit of the season.
“This exercise of mercy follows the recommendations made by the State Advisory Council and underscores the administration’s commitment to fairness and humanity,” Rasheed said in a statement.
The letter of commutation, dated December 24, 2024, has been officially acknowledged by prison authorities.
The governor’s move has sparked debates over Nigeria’s judicial process, with human rights advocates praising the decision as a step toward addressing sentencing disparities and prison decongestion.
The case of Olowookere and Morakinyo, sentenced as teenagers, drew public attention due to the severity of their punishment relative to the crime.
Their release is expected to reignite discussions on justice reforms and youth rehabilitation programs.
In his address, Governor Adeleke emphasized the importance of second chances and pledged to continue reviewing cases deserving of mercy while balancing justice with compassion.
After meeting his bail conditions, prominent human rights lawyer, Dele Farotimi, has regained his freedom from the correctional center in Ekiti State.
Farotimi was released on Tuesday morning, following last week’s ruling by a magistrate court in Ado-Ekiti, which granted him bail on the condition of a ₦30 million bond, two sureties (one of whom must own property), submission of his passport, and a ban on granting media interviews.
Addressing journalists shortly after his release, Farotimi reaffirmed his commitment to truth and denied ever spreading falsehoods against anyone.
“It is not ever an easy journey when you are fighting evil,” Farotimi said. “But before I started this work, God told me that the truth is enough. It is the only weapon with which you can slay the monster called Nigeria. I have never lied against anyone. If I don’t know something, I will say I don’t know.”
Farotimi’s legal troubles began following the release of his book, ‘Nigeria and Its Criminal Justice System’, on July 2, 2024.
In the 116-page publication, Farotimi alleged that some Senior Advocates of Nigeria (SANs), including Aare Afe Babalola, had engaged in judicial corruption by influencing Supreme Court Justices.
Babalola subsequently accused Farotimi of defamation, leading to his arrest at his Lagos office on December 3 by operatives attached to the Ekiti State Police Command. Farotimi was transported to Ekiti State, where he faced defamation and cyberbullying charges.
In addition to the defamation claims brought by Babalola’s legal team, the Inspector General of Police, Kayode Egbetokun, filed 12 more charges against Farotimi at the Federal High Court in Ekiti on December 6, 2024.
Farotimi maintained that his book reflected facts and insights into Nigeria’s justice system, adding that his work was aimed at reforming rather than attacking the legal profession.
“It is the truth that will set this country free,” Farotimi said, vowing to continue his advocacy for justice and fairness despite the legal battles.
The case is expected to proceed in January 2025, with prosecutors set to present additional evidence. Meanwhile, Farotimi’s legal team is reportedly considering a motion to quash the charges.
Farotimi’s arrest and detention have drawn public outrage, with many civil society organizations condemning what they describe as an attempt to silence dissent.
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