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US Court order upsets Tinubu, as he files motion to stall issuance of his CSU records to Atiku

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Upset by the United States Magistrate Court’s order directing Chicago State University to release his academic records to the Peoples Democratic Party (PDP) presidential candidate, Abubakar Atiku, President Bola Tinubu on Thursday switfully filed an emergency application with the District Court to stall implementation the order’s .

The magistrate court had given Chicago University 48 hours ending Thursday evening Chicago time to release Tinubu’s records to Atiku.

However, Tinubu, apparently rattled by the court order, alleged in a fresh application on Thursday that Judge Jeffrey Gilbert breached the constitution by acting as a final court in such matters of discovery.

The anxious President Tinubu contended that a magistrate should only report and recommend to the district judge in such matters.

Tinubu further argued that the Magistrate court had issued what seemed to be a final order on September 19, demanding immediate compliance starting on September 21.

“Intervenor asks this court to enter an immediate order delaying the effect of the Magistrate’s order, at least until Monday, September 25, 2023, so the court may fully consider both the scope of the Magistrate’s authority to issue the order without review and the issue of whether the Magistrate’s order was a correct application of the law to the facts presented.”

He requested the court to delay the effect of the Magistrate’s order until September 25, 2023, to fully consider the order’s scope and its application of the law to the facts presented.

In the motion filed by his lawyer, Mr Carmichael, Tinubu emphasised that other courts, considering the authority of Magistrate to rule on Section 1782 applications, opted for issuing reports and recommendations.

“Intervenor raises a substantial question about the Magistrate’s authority to resolve the Section 1782 petition and order immediate compliance by Chicago State University.

“‘If Chicago State University complies with the Magistrate’s order prior to this Court having an opportunity to review the order, Intervenor will suffer prejudice because the information will have been disclosed and effective relief will be impossible.

“The order requires the documents to be produced today. (Dkt. 40, pg. 31.)

“By contrast, Tinubu maintained that he has at least until September 27 to submit material, if not longer, and, as the Magistrate commented, the “tight timeframe” was created “in no small part” by applicant. (Dt. 40, pg. 28.)

“That leaves enough time for the Court to review the ruling and, if discovery were permitted to proceed, for the applicant to still obtain the information sought.

“Due to the timing for compliance by Chicago State University — later today ~ Intervenor is filing this motion separately from its challenge to the Magistrate’s ruling on the application. Intervenor intends to file by the end of the day, a substantive brief addressing the errors in the magistrate’s decision.

“Intervenor requests that the Court defer compliance by Chicago State University until Monday, which will provide both an opportunity to review the Magistrate’s ruling, and, if ordered, to allow the discovery to proceed before September 27.

“For example, a production could accur on Tuesday morning, be followed by a deposition in the afternoon, and a court reporter can provide a rough or real-time transcript that evening.

“Counsel for intervenor, Christopher W. Carmichael communicated with counsel for applicant Alexandre de Gramont, who opposes the motion.

“Wherefore, intervenor prays that the court grant the emergency motion and delay compliance with the magistrate’s September 19, 2023 order until the end of the day Monday, September 25, 2023”, the documents read.

Tinubu’s motion was seen by the Special Adviser on Media and Publicity to the former Vice President, Mr. Paul Ibe, who confirmed its receipt.

Ibe, however, viewed Tinubu’s motion as a delay tactic to stall the release of academic records before the Supreme Court commences hearing of Atiku’s appeal against the September 6 judgement of the President Election Petition Court.

“It should be now obvious even to the blind that Tinubu is hiding something in his records at the Chicago State University, and even elsewhere. I do hope whatever it may be, it will not be of a scope that will give Nigerians a heart attack. Nigerians will soon see the true position of Atiku on the records of Tinubu at CSU. It is just a matter of time,” Atiku’s aide said.

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Court remands man over sodomy with 2 sons

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Court remands man over sodomy with 2 sons

By Friday Idachaba, Lokoja.

A Lokoja Chief Magistrate Court has remanded a middle aged man, Dan Sokoto Shaibu in Federal Correctional Centre, Koton-Karfe for allegedly indulging in sodomy, (Homosexuality) with his two biological sons.

The Chief Magistrate, Memunat Abdullahi of Lokoja Chief Magistrate II gave the order in a preliminary ruling upon arraignment of the accused person in the court.

The prosecuting Police Officer, Gabriel Otowu Esq. who is also the Officer-In-Charge, Legal matters (OC-Legal) at Kogi Police Command while reading the First Information Report (FIR) said the accused had serially abused the two underaged children.

He said that the Shaibu had over time, indulged in annal sexual intercourse with his two biological sons, Abubakar, 17 and m Habeeb, 11 in their house.

He said that the act was country to and punishable under Section 292 of Kogi State Administration of Criminal Justice Law.

The Prosecuting Counsel, Otowu, in his submission said investigation into the matter was on-going and therefore, presented a motion urging the court to remand the accused in the Federal Correctional Centre Koton-Karfe.

Otowu who supported the motion with a 7-paragraph affidavit and Form 8 as required by the Law, argued that the court had jurisdiction to hear the case.

The OC Legal said that there was need to remand the accused in prison custody to check his possible interference with police investigations.

He urged the court to grant the application saying that it would enable the police to carryout thorough investigation into the matter.

The accused, Dan Sokoko Shuiabu who pleaded guilty to the charge, confessed that he committed under the influence of alcohol.

He said that he was married to four wives three of whom divorced him while he lost the last one to cold hands of death adding that his first daughter was already married with three children.

Chief Magistrate Memunat Abdullahi in her preliminary ruling, held that having perused the exparte motion and the supporting affidavit she had no choice than to grant the application.

She therefore ordered the remand of the accused in the custody of Federal Correctional Centre, Koton-Karfe and adjourned to September 9th, for hearing. (Ends)

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Tension builds as Court delivers landmark ruling in Yahaya Bello vs EFCC suit

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Yahaya Adoza Bello

There is palpable tension following a landmark ruling by the Court of Appeal ordering former Kogi State Governor Yahaya Bello to present himself for arraignment and face fraud charges.
The court also barred Bello from taking any further steps to halt the charges unless he is arraigned by the Economic and Financial Crimes Commission (EFCC).
The ruling is coming following Bello’s perchance for evading arrest and refusing to appear in court, attempting to have the case relocated to Kogi State, or stalled due to technicalities.

The Court of Appeal’s decision puts an end to Bello’s efforts to delay or relocate the trial, requiring him to appear in court to answer to the fraud charges concerning his actions as governor from 2015-2023

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Imo Guber: LP tells S/Court to act decisively, uphold electoral laws, cancel polls

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The Labour Party (LP), on Monday urged the Supreme Court to act decisively to uphold the electoral laws by cancelling the results of the 2023 Imo Governorship election, as announced by the Independent National Electoral Commission (INEC).
The National Publicity Secretary of the party, Obiora Ifoh, who gave the indication om Monday at a news conference in Abuja said the Party’s search for justice is in the greater interest of the people of Imo State and democracy.
Recall that the Court of Appeal Abuja, had dismissed the appeal by the Labour Party and its candidate, Athan Achonu for lack of merit.
It also dismissed the Appeal by the Peoples Democratic Party (PDP) and its candidate Samuel Anyanwu and the Allied Peoples Movement (APM) for also lacking in merit.
The appellants who were dissatisfied with the tribunal Judgment, had approached the court of appeal on grounds that the November 11, 2023 election, was invalid because of non-compliance with the provision of the Electoral Act.
The appellants also challenged Uzodimma’s qualification with an allegation that his WAEC Certificate of Education result, was forged.
But the court of appeal held that the appellants in their appeal, failed to prove the allegation of non-compliance as alleged.
The three-man panel led by Justice Bitrus Sanga also held that the appellants failed, to prove that the governor submitted a forged certificate.
continuing Ifoh at the conference said, “The importance of justice in the governance of Imo State cannot be overstated.
“Labour Party and its candidate in the November 2023 governorship election in Imo state, Senator Athan Achonu have one more chance in the Supreme Court to right the wrongs meted to the Imo electorates who are forced to tolerate a government they never wished for themselves.

“Recall, also that in 2020, Imo state was a victim of controversial decision that dramatically altered the political landscape of the state.

“Despite clear evidence of over-voting, which should have led to the cancellation of the election, the court handed the governorship to a candidate in the face of over voting.

“These decisions in both 2020 and 2023, not only contradicted the principles of fairness and transparency but also set a dangerous precedent that undermines the integrity of our electoral process.

“As we approach another Supreme Court judgment, the question of over voting rears its head again.

“If it scales through again, it means that over voting will become an unwritten law of electoral jurisprudence in Imo state.

“It is therefore imperative that the Supreme Court corrects this miscarriage of justice. The future of Imo State’s development hinges on the rule of law and the public’s trust in our judicial system.
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“A just and fair resolution in the current case before the court will not only restore confidence in our democracy but also pave the way for genuine progress and development in Imo State.

“The people deserve a leadership that truly reflects their will, and the time for justice is now. “

Giving insights into why the party took the matter to the highest court in the land, Ifoh said, “First, the integrity of the electoral process is the cornerstone of any democracy, and in Nigeria, our electoral laws are designed to ensure that the will of the people is accurately reflected in election outcomes.

“Unfortunately, in the case of the recent Imo State governorship election, these laws were blatantly disregarded by both the election tribunal and the appeal court, leading to a grave miscarriage of justice.

“The issue at hand is clear: the total number of certified accredited voters for November 2023 governorship election, as certified by INEC, was just over 500,000.

“However, the total votes counted, which was used to declare the candidate of APC winner exceeded 700,000, resulting in an over-voting discrepancy of more than 200,000.

“We had raised this issue during the election as we had clear evidences of abuse of electoral practices including falsification and mutilation of result sheets, harassment of the Labour Party’s agents, snatching of ballot boxes and open vote buying.

“According to Section 53 of the Electoral Act 2010 (as amended), any election marred by over-voting should be canceled.

“This provision is unambiguous and does not leave room for alternative interpretations. The law was crafted to protect the sanctity of the electoral process and ensure that elections are free, fair, and reflective of the voters’ true choice.

“Regrettably, despite the overwhelming evidence of over-voting, both the election tribunal and the appeal court failed to apply this clear legal standard.

“ Instead, they chose to validate an election result that is fundamentally flawed and legally indefensible.

“This is not just a violation of the law but also a profound injustice to the people of Imo State, who deserve a leadership that genuinely reflects their will.

“The situation is eerily reminiscent of the Supreme Court’s controversial decision in 2020, where a similar issue of over-voting was overlooked, leading to the installation of a candidate who had initially placed third.

“Such judicial oversights undermine public confidence in the electoral system and threaten the very foundations of our democracy.

“The Supreme Court now has the opportunity to correct this injustice and restore faith in our legal institutions by upholding the law as it is written—clear, unambiguous, and without room for further interpretation.

“In yet another clear instance of miscarriage of justice, the petitioners in the Imo State governorship case faced significant obstacles in accessing crucial evidence, specifically the BVAS (Bimodal Voter Accreditation System) devices.

“Despite making formal requests for over 4,000 BVAS units, which were essential to prove their case of electoral malpractice, the petitioners encountered deliberate delays and obstructions.

“Only 30 BVAS units were eventually provided, and even then, only for partial inspection.

“Of utmost importance is that fact that the Imo State election took place in only 4,720 out of 4,758 polling units in Imo State.

“Labour Party has also noted that the direct implications of these rape on democracy could be the inability of the Imo citizens to submit and subject themselves to the present government which they believe was imposed on them.”

The LP Spokesman described the last four and half years of the Senator Hope Uzodinma administration as a disaster.

He reiterated that the socio -economic crises in the state assumed a dangerous height under his rule.

Ifoh maintained that under his rule, criminality has become the order of the day and the economic potentials of the state have completely frozen and the state has the inglorious record of being the worst in terms of infrastructure in the entire South East.

Speaking on what Imolites and the Labour Party expect from the court, Ifoh said, “The Supreme Court is expected to act decisively and uphold the electoral laws.

“Given the clear evidence of over-voting, which invalidates the election results according to the law, the Court should order the cancellation of the flawed election and mandate a fresh governorship election in Imo state.

“This action is essential to restore public trust and uphold the integrity of the judicial system.”

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