Judiciary
Atiku asks PEPT to declare him winner as INEC confirms he won in 21 States
The presidential candidate of the Peoples Democratic Party, (PDP) in the February 25th, 2023 presidential election Alhaji Abubakar Atiku has asked the Presidential Election Petition Tribuna (PEPT) to uphold the declaration of the Independent National Electoral Commission, (INEC), that he (Atiku) won 21 states in the presidential election.
Atiku made this comment on Friday while presenting his final address in support of his joint petition with the PDP seeking the nullification of INEC’s declaration of Ahmed Bola Tinubu as winner of the poll.
In the final address settled by his lead counsel, Chris Uche SAN, Atiku said that INEC’s assertion that he won in 21 states was neither disputed, retracted, debunked nor claimed to be error through the proceedings of the tribunal so far.
Recall that INEC had in its response to Atiku’s petition, asserted that the PDP presidential candidate won 21 states of the Federation in the last presidential poll.
The 21 states listed by INEC as having been won by Atiku and PDP are Adamawa, Akwa Ibom Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.”
The former Vice President insisted that since the electoral commission, which on its own averments claimed that he won those states and did not rebut the assertion throughout the proceedings, then the tribunal should delay to uphold the declaration.
The final written address reads in part, “Very importantly, the 1st Respondent (INEC) who conducted the election made an open admission in paragraph 18 of its Reply to the Petition, where it unequivocally stated thus:
“The 1st Respondent further avers that in compliance with extant laws and regulations, it diligently discharged its duties when it collated the 1st Petitioner’s (Atiku) scores at the election, which aggregate to 6,984,520, winning only 21 states, to wit: Adamawa, Akwa Ibom, Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.
“Indeed, as admitted by the first Respondent (INEC), the first Petitioner (Atiku) won in these 21 states. It is important to note that throughout the trial, the first Respondent (INEC) neither refuted or countermanded this critical averment nor denied it.
“We urge your Lordship to hold that this constitutes an admission that requires no further proof. It also constitutes an admission against interest.
Atiku therefore pleaded with the Tribunal to uphold the assertion of INEC in the process and declare him winner of the February 25 Presidential Election.
Judiciary
NJC Suspends Rivers, Anambra High Court Judges
***Recommends Compulsory Retirement for Two Heads of Court Over Misconduct
The National Judicial Council (NJC) has suspended two High Court judges, Justice G. C. Aguma of Rivers State and Justice A. O. Nwabunike of Anambra State, from performing judicial functions for one year without pay, following investigations over misconduct.
Both judges will also be placed on a two-year watch list after the suspension period.
This decision was reached at the NJC’s 107th meeting, presided over by the Chief Justice of Nigeria, Hon. Justice Kudirat Kekere-Ekun, on November 13 and 14, 2024. Alongside these suspensions, the NJC sanctioned three other judicial officers and recommended the compulsory retirement of the Chief Judge of Imo State, Hon. Justice T. E. Chukwuemeka Chikeka, and the Grand Kadi of Yobe State, Hon. Kadi Babagana Mahdi, over age falsification.
According to the NJC, Justice Aguma aided a litigant inappropriately by transferring a garnishee proceeding from Abuja to Rivers State for enforcement. Similarly, Justice Nwabunike was found to have breached judicial conduct rules by issuing ex parte orders without proper procedures.
The NJC’s report indicated that Justice Chikeka and Grand Kadi Mahdi presented multiple birth dates to extend their service beyond the legal retirement age. The council has ordered both judges to refund all excess salaries received after their actual retirement dates.
The NJC also issued warnings to two other judges, Justice I. A. Jamil and Chief Judge J. J. Majebi of Kogi State, regarding their handling of sensitive cases. Petitions against several other judges were dismissed for lack of merit.
In addition, the council recommended the appointment of 36 judicial officers across several states and pledged to report legal practitioners filing unfounded petitions against judges to disciplinary committees for action. The appointed judges are expected to be sworn in by their respective state governors.
Judiciary
Tinubu Orders Immediate Release of Minors Detained Over #EndBadGovernance Protests
In response to public outcry over the arrest and detention of minors involved in the recent #EndBadGovernance protests, President Bola Tinubu has directed the immediate release of all detained children.
The directive, announced on Monday by Minister of Information and National Orientation, Mohammed Idris, follows the arraignment of 72 minors on charges of treason related to the protests, which took place across various states in August.
The protests, held in states including Kaduna, Abuja, Gombe, Jos, Katsina, and Kano, saw widespread demonstrations against high living costs and food scarcity.
The arrest of minors sparked widespread condemnation, as many appeared visibly malnourished and even collapsed during their appearance at the Federal High Court in Abuja.
Judge Obiora Egwuatu subsequently granted bail to the minors, setting it at N10 million for each of the defendants.
President Tinubu has also mandated the Ministry of Humanitarian Affairs and Poverty Reduction to oversee the welfare and reintegration of the minors with their families.
The President’s orders include the establishment of a committee, led by the humanitarian affairs ministry, to investigate the circumstances surrounding the arrests, detention conditions, and eventual release of the minors.
The public backlash intensified last Friday after reports of the prolonged detention of the minors emerged, prompting the Attorney General of the Federation, Lateef Fagbemi, to intervene. F
agbemi immediately instructed the police to transfer the case file to his office and assigned the matter to the Director of Public Prosecutions of the Federation for further review.
This decisive action by President Tinubu has been widely seen as a move to address concerns around justice, due process, and the protection of children’s rights in the face of Nigeria’s ongoing socio-economic challenges.
Judiciary
Senator Sani Musa Calls for Investigation into Detention, Prosecution of Underage Protesters
Chairman of the Senate Committee on Finance, Senator Sani Musa, has called on Inspector General of Police, Kayode Egbetokun, to investigate the detention and prosecution of underage protesters involved in the recent #EndBadGovernance demonstrations.
The minors, allegedly in poor health, were arraigned on Friday before Justice Obiora Egwuatu at the Federal High Court in Abuja.
Justice Egwuatu granted bail to 72 defendants, including the minors, setting bail at N10 million per defendant, with two sureties required. The conditions stipulate that one surety must be a civil servant of grade level 15 or higher with a verifiable address within the court’s jurisdiction, and the other must be a parent of the defendant.
Senator Musa, representing Niger East Senatorial District, condemned the treatment of the minors, describing it as “inhumane and unjust.” He also called for the National Judicial Council (NJC) to review the judge’s decision, questioning the appropriateness of detaining minors under such circumstances.
In a statement, Senator Musa said, “I strongly condemn the unjust detention of minors following the #EndBadGovernance protests. It is deeply troubling that, despite the hardships these children have endured, they are being punished rather than shown compassion and understanding.”
He further criticized the judiciary’s approach to the minors, emphasizing that “such actions contradict the principles of justice and fairness.” Musa urged an immediate investigation into the handling of the minors to ensure accountability and protect their rights.
During the court proceedings, the frail and malnourished children were visibly struggling, with some collapsing from exhaustion. Four minors had to be removed from the courtroom due to their critical health conditions.
Senator Musa affirmed his commitment to justice, stating, “This issue must be addressed urgently, and I will continue to stand with my constituents and all Nigerians in the pursuit of justice and good governance.”
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