Law
LP rejects Kano High Court judgment that sacked its elected officials
**Says, it will not lose any sleep over a black market judgement
The leadership of the Labour Party has expressed dismay with the judgement entered against its party by a state high court in Kano that annulled the elections of its party members into various political offices across the 36 states of the federation.
The party through a statement by its acting National Publicity secretary, Obiora Ifoh took exception to the speed with which Justice M. N. Yunusa of Kano High Court discharged its duties as the appearance and judgement in the matter brought before it by suspended members of the party loyal to the former deputy National Chairman, Lamidi Apapa lasted only 48 hours.
The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission ruled that the failure of the Labour Party to submit its membership register to the Independent National electoral commission within 30 days before their primaries renders the process invalid.
It also ruled that the party having not complied with the provisions of the electoral act cannot be said to have a candidate in an election and cannot be declared winner of an election.
According to Ifoh, Labour party which is mentioned as a respondent was not aware of any suit against it in Kano state as the party was not served with any summons.
“The former National Legal Adviser Samuel Akingbade Oyelekan has since ceased from being an officer of the party and his appearance for the party is not with any authorization from the leadership of the party’s National Working Committee.
“You will recall that on Wednesday, we raised an alarm that suspended National Legal Adviser Samuel Akingbade Oyelekan, while the Presidential Election Petition Tribunal was sitting in Abuja with all attentions focused on it, clandestinely sneaked out of Abuja to Kano state where he in collaboration with some members of the other political parties asked the court to invalidate all the elections won by the Labour Party, particularly, the national assembly in the 36 states and FCT on the ground that the party didn’t submit register of voters to INEC.
“Akingbade who presented himself as representing the Labour Party, did not oppose the motion, thus forcing the helpless judge to reserve judgement for thursday.
“On hearing the evil agenda of Apapa’s plot, the party directed one of its counsels to appear on its behalf, an attempted that was rejected by the judge, who went ahead to give judgement against the party.
The statement described the judgement as not only inconsequential but also laughable and holds no water. It indicated that the court lacks the jurisdiction to entertain election matters at a time when elections have since been concluded and winners declared.
“The Kano Court is also not a tribunal which has the constitutional powers to entertain pre election matters.”
He explained further that the two respondents in the matter are Labour Party and INEC as no individual is mentioned in the matter and no court can grant any relief that is not sought for.
“So we lose no sleep on the black market judgement as we will soon direct our lawyers to approach the Appeal Court to vacate the ill conceived judgement.
“Labour party has repeatedly raised the alarm of the plots by the opposition parties to ensure that Labour Party is engulfed in crisis.
“Few weeks ago, we alerted Nigerians of plots to hijack the party and by extension, target all our cases in the tribunal. We have since produced evidences of the letters initiated by Akingbade to various tribunals asking for withdrawal of cases before them.
“For the upteempth time, Samuel Akingbade, Lamidi Apapa, Abayomi Arabambi and everyone in that camp have ceased to be representing Labour Party in whatever capacity and this statement serves as a disclaimer on them and for the information of Nigerians.
“Today at the At the FCT state High Court before Justice Hamza Muazu in a matter between Apapa’s group and Abure, the Judge among other things reprimanded Apapa camp for attempting to take over the leadership of the Labour party and constituting themselves into a nuisance.
Meanwhile, the Lamidi Apapa faction of Labour Party (LP) has asked party members to hold the suspended chairman of the party, Julius Abure, for the court judgement sacking Otti and other elected party candidates.
The factional National Publicity Secretary of the party, Abayomi Arabambi, expressed concern that the party is faced with imminent threat of losing its only governor-elect to Abure’s shady practice.
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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