Law
Akwa Ibom gov asks appellate court to quash Bassey Akpan’s case
The Governor of Akwa Ibom State, Umo Eno has asked the Court of Appeal sitting in Lagos to reject the appeal brought before it by Senator Bassey Akpan of the Young Progressives Party (YPP).
He however, asked the court to uphold the decision of the lower court, which declared him the winner of the governorship election that took place on March 18, 2023.
YPP and Senator Akpan, in appeal number CA//C/EP/GOV/AKW/24/2023, are challenging the judgement of the Governorship Petitions Tribunal in Uyo, which confirmed Eno as the validly elected Governor of Akwa Ibom State.
According to a statement issued by his Senior Special Adviser on Research and Documentation, Dr Essien Ndueso, shortly after the hearing on Monday, the governor, through his lead counsel, Paul Usoro, SAN, faulted the arguments by the appellants that the judgement of the Supreme Court in the matter of certificate forgery by Mr Akan Okon was different from the certificate forgery case brought before the elections tribunal by Senator Akpan.
He had argued: “When the court gave the judgement, it clearly decided that the said documents were not forged but belonged to the second respondent. It implies that the judgement is applicable to PDP, INEC, the court, or any establishment for that matter.”
He argued further that: “It was legally imperative that there should be an end to litigation, and as such, the appellants had no reason to keep belabouring the court over a matter that had been sufficiently resolved at the highest court of the land.”
The appellants, jointly represented by Tunde Falola, held that they were dissatisfied by the ruling and judgement of the tribunal upholding the preliminary objections of the respondents and dismissing the petition, hence the appeal.
The appellants argued that they had presented 18 witnesses before the tribunal and had sufficiently shown that the second respondent was, at the time of the election, not qualified to contest the election because he presented a forged certificate to INEC and that he was not elected by a majority of lawful votes cast at the election.
Counsel to INEC, Kolapo Kolade, SAN, said the petitioners never produced a true owner of the certificate, which they claimed did not truly belong to Umo Eno, and that they never produced any document to buttress their claims of forgery.
On his part, counsel to the Peoples Democratic Party (PDP), Tayo Oyetibo, SAN, among other things, argued that even the first appellant, Bassey Albert, presented before the lower court three documents that bear the arrangement of his name in three different ways: Akpan Albert, Bassey Albert Akpan, and Albert Bassey Akpan, yet still claimed ownership of the three documents.
Also, the governorship candidate of the Accord Party, Emem Coffie, approached the Appeal Court, seeking that the judgement of the lower trial tribunal be upturned in his favour.
The governorship candidate and his party, represented by their counsel, Chidi Nwachukwu, argued that he deserved to be declared the governor as other candidates in the election were not qualified to contest the election.
All matters were adjourned to a later date for judgement.
Culled from Daily Post
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.
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.
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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