Law
Laws you cited against Atiku’s live coverage request are outdated, PEPC tells Tinubu
The Presidential Election Petition Court (PEPC) on Thursday in Abuja told Chief Wole Olanipekun SAN, lead counsel to Bola Ahmed Tinubu that he was citing old laws against the request by the Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Abubakar Atiku for live coverage of proceedings of the Court.
Chairman of the Court, Justice Haruna Simon Tsammani drew the attention of Olanipekun to a portion of the Code of Conduct for Judicial Officers being wrongfully cited to justify Tinubu’s opposition to live coverage of proceedings in Atiku’s petition.
At Thursday’s proceedings, Tinubu, APC and INEC had separately kicked against the request by Atiku for live coverage of proceedings of the Court to engender public trust and confidence in the court.
Atiku through his lead counsel, Chief Chris Uche SAN had cited the monumental importance of the petition nationally and internationally to back up his demand for live telecast of the proceedings.
But in his bid to justify his vehement opposition, Olanipekun had cited paragraph 4.6 of the Code of Conduct for Judicial Officers which he claimed prohibited Judicial Officers from broadcasting, televising proceedings during court session
He cited the disputed law following the submissions by Chief Chris Uche SAN, that there was no law or statute barring live telecast of court proceedings at the moment.
As Olanipekun was about to read the portion of the law, Justice Tsammani cut in and told the legal luminary that he was citing a wrong law.
Justice Tsammani told Olanipekun SAN that the portion he was citing to justify his arguments against live coverage had been amended and the portion being cited had been deleted completely.
The Chairman of the Court maintained that the portion being claimed by Chief Olanipekun SAN was no longer in the new Code of Conduct for Judicial Officers.
While making a case for live broadcast of Atiku’s petition, Uche SAN had drawn the attention of the Court to Justice Oputa Panel of Inquiry that was telecast live and hailed all round in the country.
The Senior lawyer said that non of the respondents would be prejudiced if the petition is broadcast live.
Specifically, he said that there was no single law or statute against live broadcast of court proceedings adding that the fact that it has never been done before should not be misconstrued to mean that it cannot be done this time.
The submissions of Uche SAN had drawn thunderous applause from the crowd who for some minutes clapped before the court announced that clapping was not allowed in Courts.
Atiku had approached the Court hearing his case against the outcome of the February 25 presidential polls, for an order allowing live broadcast of the day to day proceedings regarding his petition because of its monumental importance.
Atiku and the PDP in the application specifically prayed the tribunal for “An order Directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom.”
The application filed on their behalf by their team of lawyers led by Chief Chris Uche, SAN, is predicated amongst other grounds that: The matter before the Honourable Court is a dispute over the outcome of the Presidential Election held on 25th February 2023, a matter of national concern and public interest, involving citizens and voters in the 36 States of the Federation and the Federal Capital Territory, Abuja, who voted and participated in the said election; and the International Community as regards the workings of Nigeria’s Electoral Process”.
They contended that being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive.
The Independent National Electoral Commission, INEC, President-elect, Bola Ahmed Tinubu and the All Progressives Congress APC in response kicked against the request of the former Vice President
for live telecast of his petition challenging the declaration of Tinubu as winner of the 2023 presidential election.
In their separate objections, the trio insisted that solemn nature of the court would be put in jeopardy if granted.
Tinubu in his vehement objections raised by Chief Wole Olanipekun SAN on his behalf said that Atiku’s request was not only surprising but dangerous as it was capable of prejudicing the Court itself.
Olanipekun said that the request for live coverage is capable of turning the Court to a football stadium, a crusade ground a theatre or film grounds where all manners of telecast could be permitted.
The Senior lawyer said that the Court should not grant an order that cannot be enforced or supervised, adding that the present moment is not the best time for such a request to be granted.
Lateef Fagbemi SAN who opposed on behalf of APC faulted the request, adding that the facility and policy documents are not there for the application to be granted.
Fagbemi insisted that Atiku did not deserve to be granted the request
The electoral body in its own objections by its counsel, Abubakar Balarabe Mahmoud SAN said that Court room is for serious business and not a market place where anything goes adding that the request for live coverage is unnecessary and uncalled for and should not be granted.
Meanwhile, Chairman of the Court, Justice Haruna Simon Tsammani has reserved ruling on the motion for a later date.
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.
At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.
Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.
In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.
Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.
The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.
The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.
This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.
The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.
The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.
Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.
The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.
“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.
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