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Nasarawa Election Petition tribunal: INEC declines to present witnesses, closes defense

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From Daniel Abel, Lafia

Following what the petitioners (Peoples Democratic Party, its guber candidate) described as damning evidences their star witness brought against the victory of governor Sule at the April governorship election in the state, the Independent National Electoral Commission, (INEC) suddenly closed its defence, with a claim that it’s expensive to sponsor witnesses to the Tribunal.

INEC which was the empire that conducted the March 18th, 2023 Governorship and State House of Assembly Elections through its Lead Counsel Isiaka Dikko, SAN failed to tendered from the Bar before the Tribunal Form EC8A’S Series among documents in evidence to support its defense on Friday.

Documents expected to be presented by INEC are Certified true copies (CTC) of form EC40G for 36 Polling Units in Ashige Electoral Ward Lafia LGA, certified true copy of the Form EC40G of a Polling Unit in Gayam Electoral Ward Lafia LGA, Manual copy of Form EC8B for Kanje/Abuni Electoral Ward, Awe LGA.

Others are manual form EC8B for Gayam Electoral Ward Lafia LG, manual form EC8B for Ciroma Electoral Ward Lafia LGA, 13 Manual Form EC8C’s Series for the 13 LGA’S of the State.

Also to be presented by the electoral empire before the Tribunal is manual Form EC8D (Summary of all LGA’S Collation Results at the State Collation Center, manual form EC8E (Declaration of Governorship Nasarawa State and INEC receipt of payments in respect of the above named documents.

In response, the Petitioners lead counsel J. Usman SAN, objected in totality the admissibility of the above tendered documents by the 1st respondent alleging that those documents are worthless pieces of papers and we reserved our further arguments to the Final Address Stage.

Finally, 1st Respondent Counsel remarked that, having participated in the cross-examination of the Petitioners witnesses and elicited evidence therein, I humbly apply on behalf of our client to close our defense.

Evidentially, the INEC may have made it herculian for the APC and governor Sule (2nd & 3rd Respondents) by not tendering Polling Unit Results (Form EC8A’s) in the list of documents so tendered during it defense contrary to the provisions of the 2022 Electoral Act and 2023 General Elections Regulations/Guidelines that.

Meanwhile the 2nd respondent in the petition is billed to open its defense on Saturday

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EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned

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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.

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Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership

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Musiliu Akinsanya

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.

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Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality

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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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