Law
Appeal Court declares LP Thaddeus Attah as duly elected reps member for Eti-Osa
The Appeal Court, Lagos Division, on Thursday, reaffirmed Thaddeus Attah of the Labour Party (LP) as the duly elected House of Representatives member representing Eti Osa Federal Constituency in Lagos State.
The National Assembly Election Petitions Tribunal which sat at the Tafawa Balewa Square, Lagos, had earlier invalidated Atta’s victory.
INEC had declared Attah of the LP winner of the February 25 election, having scored 24,075 votes, while Bankole Wellington of the Peoples Democratic Party (PDP) scored 18,668; Ibrahim Obanikoro of the APC scored 16,901 votes, respectively.
However, the National Assembly Election Petitions Tribunal sitting in Tafawa Balewa Square, Lagos, had, in a unanimous judgment, declared the elections inconclusive and ordered INEC to conduct a supplementary election within 90 days in 33 polling units where elections did not hold.
The PDP candidate Wellington who was declared second in the polls, and the All Progressives Congress’s (APC) Obanikoro, had both filed petitions to challenge the elections of February 25, 2023.
The three-member panel of the Court of Appeal, on Thursday in Lagos set aside the previous decision by the National Assembly Elections Petition Tribunal.
The panel, in its unanimous decision, agreed with Ozekhome and held that the lower tribunal erred when it relied on the evidence of witnesses who were not party agents where elections were held or where elections were cancelled, but only came to tender Form EC 8 which they did not author before the court.
The appellate court further held that for the tribunal to conclude that the margin of votes where elections were not held or were cancelled can sway the votes cast, the list of registered voters must be presented before it. This was not done.
In addition, the court held that the “Voters’ register was never placed before the lower tribunal”, adding that the tribunal merely relied on Form EC 8 brought by witnesses who were not even the makers.
The court also held that the elections were conclusive and faulted the tribunal’s directive to the Independent National Electoral Commission to conduct a supplementary election within 90 days in specific polling units.
On the whole, the Appeal Court wholly set aside the judgment of the lower tribunal.
In his petition, the PDP candidate had argued that the respondent was, at the time of the election, not qualified to contest the election and that the election was invalid because of corrupt practices and non-compliance with the provisions of the Electoral Act 2022.
The popular music artist and actor had also contended that the Labour Party candidate was not duly elected by a majority of the lawful votes cast at the election.
Reacting to the judgment, Ibrahim Obanikoro in his X handle formerly Twitter, said “I would like to congratulate Representative Jude Thaddeus Attah on his victory at the appeal court today.
“Let’s throw our support for him so that he will give us a good representation for the next four years in Eti-Osa.”
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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