Law
25% of FCT: PEPT rules that it is not necessary to win presidency
The much talked about 25% of the 25% of FCT required to win the presidential election has been described as unnecessary by the Presidential Election Petitions Tribunal (PEPT) has dismissed the petition of the Labour Party and its presidential candidate, Peter Obi on the matter
The PEPT ruled that FCT citizens do not enjoy special privileges ahead of other states of the Federation.
The petitions of the People’s Democratic Party (PDP) and the Labour Party filed against the qualifications of Bola Tinubu, winner of the 2023 presidential election, which is the bone of contention were also dismissed by the tribunal
Justice Tsammani also dismissed the petitions of the PDP and the Labour Party on the alleged drugs case of Tinubu.
On the issue of non-qualification due to an alleged criminal indictment, the petitioners had contended that Tinubu had forfeited $460,000 in the US as an indictment in drug trafficking.
According to the tribunal, the evidence (Exhibit P5) tendered by the petitioners shows that it was a civil forfeiture proceedings.
Justice Tsammani held that the petitioners failed to provide credible evidence to show that Tinubu was arraigned, took a plea or was sentenced or fined in any criminal suit in the US.
The European Union (EU) report on the 2023 presidential election was also rejected on the grounds that it was not tendered by an official of the EU which is the author and has the custody of the document.
The court also refused to admit in evidence the 18,088 blurred polling unit results tendered and dismissed 10 out of 13 witnesses who testified on behalf of Labour Party as either subpoena witnesses or professional as “incompetent” and their testimonies are “worthless”.
The PEPC ruled that Obi’s request for an extension of time to subpoena 10 additional witnesses, not originally part of the petition, was a “surreptitious” attempt to amend the petition beyond the legally allowed 21-day timeframe.
The court found that this amendment is impermissible and consequently dismissed the application. All testimonies from these witnesses and documents tendered by them have been struck out.
“The Nigeria Police, through its IGP, had written to the US to confirm the criminal status of Bola Tinubu and the US government had replied in 2003 stating that Bola Tinubu had no criminal records in the US. Therefore, the court admits this evidence,” the tribunal ruled.
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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