Law
Nasarawa GEPT: PDP asks court to compare forms EC8AS with EC8BSS to declare its candidate winner
From Daniel Abel, Lafia
As parties to the Governorship Election Petition Tribunal,(GEPT) presented their final addresses before the three man panel, the People’s Democratic Party, (PDP) asked the tribunal to compare differences between form EC8AS and EC8BS to determine the winner.
This prayer was contained in the final address by the lead counsel to the petitioner, chief Kanu Agabi while giving final address at the GEPT in Lafia on Thursday.
Chief Agabi noted that the respondent counsel presented a document to backup his response even when the respondent counsel raised observations to it.
He however, stated that the precedent established by the higher court are binding on the tribunal and are called the rules of precedence.
He opined that the Witness statement of witnesses of the petitioners are those who were available to the petitioners at all time and all the Subpoenaed Witnesses are adversaries to the entire matter.
He submitted that no Subpoenaed witness is allowed to be on oath.
Agabi also said that polling units results (Form EC8As) are tendered before the tribunal and they are the original results from the reliable places where elections were won and lost.
He also said that what is before the tribunal are certified documents and the form EC8AS results were different from what’s in form EC8B, EC8C, EC8D hence he called on the tribunal to focus on the documents before them which need no Witnesses to know who the winner is.
He also established a cogent fact that the respondents couldn’t file in a cross petition which made it clear that they have no case against the petitioners.
The lead counsel concluded by appealing to the tribunal to consider the difference between the form EC8AS and EC8BS and declare PDP winner of the election, while urging the APC to be bold enough to concede defeat.
Earlier the first respondent (INEC)’s counsel Issiaka Mohammed Dikko(SAN) in his address stated that what the petitioner were claiming to have won are unrealistic figures, noting that the petition have no substantial backup to their claims.
The second respondent (Engr.A.A Sule) Chief Wale Olanipekun(SAN), pointed out some areas where objections were raised by them during the petitioner’s case.
He also appealed to the tribunal to kindly dismiss the petition filed by the petitioners in view of the fact that so many of the evidences brought by the petitioners were never in accordance with the law.
Olaonapekun finally stated that in view of the fact that they have no proper witness depositions, that even the BVAS they claimed to bring were never admissable into this court.That the petitioner has never mentioned in any polling units where they had 25% of votes cast.
The third respondent (APC) Dr.Hassan Mohammed Liman.
Said in his address that he is also adopting the appeal filed by the second respondent that the tribunal should dismiss the entire petition and should be charged for the waste of the resources of people of Nasarawa state.
He also stated that the petitioners have determined their case against themselves hence they have made their submissions base on allegations not on the basis of fact.
Meanwhile in the heat of the claims and counter claims by the petitioners and respondents in their argument Judges had to settled the matters by opening their written records which clearly indicted the first respondent for denying what he had already stated and was admitted by the tribunal.
On this note the chairman of the tribunal, justice Ezekiel Ajayi declared that the proceedings is reserved for Judgement and the date would be communicated to the parties appropriately
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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