Law
Nasarawa guber: Tribunal admits four PDP witnesses
***Fixes July 13th for next sitting
From Daniel Abel, Lafia
The Nasarawa State governorship election petition tribunal has admitted four witness from the petitioners, the Peoples Democratic Party (PDP) and its Governorship Candidate Hon David Ombugadu.
The PDP presented only four out of the nine witnesses scheduled to appeared at the resumed sitting
The four witnesses from the petitioner, Hon Ombugadu, the governorship candidate and the PDP presented their evidences under cross examination by the respondents, as all evidences were admitted by the court.
The Legal fireworks resumed at the election petition Tribunal for Nasarawa State following the petition filed by the governorship candidate of PDP, David Emmanuel Ombugadu, challenging the declaration of Abdullahi Sule as the winner of the March 18th governorship election in Nasarawa State.
The three-man panel led by Justice Ezekiel Ajayi at the resumed hearing on the petition listened to arguments and counter-arguments canvassed by counsels to Governor Sule, the All progressives Congress (APC) and the Independent national Electoral Commission, (INEC).
The argument centered on the admissibility or otherwise of documents and witnesses tendered and called by the petitioner.
At the sitting, the petitioner through his counsels led by M.J Numa tendered documents including voter registers, list of adhoc staff, result sheets from several Local Government Areas, among others, to substantiate it’s claims.
Counsels to the respondents however objected to the admissibility of the documents, but reserved their arguments till the final addresses.
Ruling on the issue, Justice Ajayi withheld ruling on the propriety of the admissibility of the documents or otherwise but allowed the petitioners to tender evidences brought before the tribunal.
Witnesses were also called by the petitioners from Lafia and Toto local government councils to substantiate the allegation of rigging which were however objected by the counsels to the defendants as they reserved their argument to a later date.
Witnesses to the PDP and it’s candidate, David Emmanuel Ombugadu, Ehaluka Aaron, Samule Dakwe and Ibrahim Umar Othman who were PDP agents during the election identified their deposition and told the court that they signed the documents under duress.
“We were made to sign the documents under duress”, the PDP agents alleged.
It will be recalled that Ombugadu who was also a governorship candidate in the 2019 governorship election had approached the Tribunal to upturn the declaration of Sule as the elected governor of Nasarawa State, citing irregularities in the conduct of the polls.
Ombugadu had prayed the Tribunal to declare him winner of the March 18th election based on evidences he is presenting before the court in accordance with the 1999 constitution as amended and the Electoral Act 2022.
Meanwhile, the three man panel of justices adjourned sitting to 13th of July 2023 for continuation of hearing of cases.
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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