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Ondo Election: Appeal Court declares Eyitayo Jegede PDP candidate – how it went.
The Court of Appeal, Abuja on Wednesday re-listed Eyitayo Jegede as candidate of PDP in Nov.26 governorship election in Ondo State.
Justice Ibrahim Saulaawa, who led two other Justices in a unanimous decision held that the Federal High Court erred in its Oct.14 ruling.
Justice Okon Abang had in that ruling substituted Jegede’s name with Jimoh Ibrahim as the governorship candidate of the party.
Saulaawa said the law forbade the trial court or any other court from denying interested parties fair hearing.
He also held that the court equally erred when it ordered INEC to remove the name of the appellant from its nomination register.The Judge said Ibrahim who benefited from that ‘strange order’ was never a party in the suit.
“Justice Okon Abang should know that the Constitution and the Electoral Act empower only the national leadership of political parties to nominate political candidates.
“The trial judge on his own, without allowing parties to present their arguments went ahead to deliver that ruling.
“There is no gainsaying that the extant appeal is meritorious and therefore allowed,” he said
The judge said: “Consequently, the Oct. 14 judgment ruling of the trial court is hereby set aside and the appellant”.
The News Agency of Nigeria (NAN) reports that the appellate court on Nov.10 granted Jegede leave to appeal the decision of the Federal High Court Abuja.On which group is the authentic leader of the party, Justice George Mbaba described the process that led to the June 29 judgment as a ‘fraud’.Mbaba said the trial court breached Section 36(1) of the Constitution by denying the Ahmed Makarfi Caretaker committee right of fair hearing.
The judge therefore held that the judgment of the lower court delivered on June 29 remained void and a nullity.NAN reports that judgment had affirmed the Sheriff-faction of the PDP as the authentic leadership of the party.
“With this development, all actions taken by the Sheriff-faction, including the selection of Jimoh Ibrahim as candidate of the party remain illegal and with no effect,” he said.In his earlier submission, Chief Wole Olanipekun (SAN), counsel to Jegede and the Ahmed Makarfi-faction had prayed the court to set aside the ruling of the lower court, adding that it was given in bad light.Olanipekun had also said the court should order the reinstatement of his client as the authentic candidate of the party to contest the election.
According to him, Jegede is the candidate that emerged from the party’s primary conducted in Akure.He had argued further that Ibrahim’s name was submitted and immediately recognised by INEC following the ruling of the lower court.
“My Lords I want the court to take judicial notice of the fact that my client was affected by a decision of trial court even though he was not enlisted as a party.
“All our attempts for him to be joined as an interested party failed at that level, leaving us with no option but to approach this court,”he said.
Also, Olanipekun had urged the court to reinstate the Makarfi-led Caretaker committee as the authentic leadership of the party.He said the lower court erred in law when it held that Sheriff, the former Acting National Chairman of the party remained the authentic leader.According to him, Sheriff should not have claimed such position following the decision of the National Working Committee (NEC) of the party to set the caretaker committee.
Olanipekun submitted that Sheriff’s tenure as the leader of the party had expired, adding that he could not have had the right to conduct the Ondo PDP governorship primary.
However, Mr Beloulisa Nwofor (SAN), counsel to Biyi Poroye, Chairman of the Ondo State Chapter of PDP and eight others, told the court that it lacked jurisdiction to hear the appeal.
He had announced to the court that the Nov. 10 ruling that gave leave of the court to Jegede to appeal the nomination of Ibrahim was appealed against at the Supreme Court.He submitted that the panel should refrain from further action on the matter, adding that doing the contrary would amount to the violation of the constitution, the rules of the court as well as the oath of judicial office.The Supreme Court on Nov.22 dismissed the interlocutory motion filed by Nwofor on behalf of his clients.
Justice Walter Onnoghen, the Acting Chief Justice of Nigeria went on to restore the jurisdiction to the Court of Appeal to determine all appeals arising from the PDP leadership dispute.
The apex court held that all 12 out of the 14 motions and appeals brought by Sheriff-faction were frivolous as they were not supported by the records of the court of appeal.The apex court further held that it decision to dismiss those appeals was predicated on the fact that all issues raised therein were not proved.NAN reports that Sheriff-faction of the party had asked the apex court to set aside the proceedings of the special panel.It also urged the court to invoke its power to disband the panel following allegation of disregard to hierarchy of court leveled against the three justices.The appeal court had on Oct. 18, suspended its judgment pending the decision of the apex court.
Nwofor, later filed an alternative objections on Olanipekun’s submissions, adding that the appellants breached the rules guiding filing of appeals.He argued that the appellants ought not to have been allowed to appeal judgment out of time.Nwofor argued that the appellants were interlopers, adding that they were not parties in the matter at the trial court.He said they also approached the court after three months of the delivery of the judgment.
Mr Godswill Mrakpo, counsel to Sheriff-faction of the PDP, had aligned with arguments canvassed by Nwofor, as according to him, proceedings by the panel after notice of stay is served should remain null and void.The presiding judge, however, insisted that the extant appeals earlier argued by Olanipekun sufficed.Sheriff, Makarfi, Obi and Jegede were the parties in the matter.The Executive of PDP South West Zone and Ondo State Executive members of the party were also listed as parties.
Speaking to newsmen after the court’s session, Jegede said the development would help to nurture the country’s fragile democracy.On his part, Makarfi said the pronouncement of the appellate court had ended the reign of darkness in PDP.
News
Supreme court nullifies enforcement of National Lottery Act in 36 states
The supreme court has nullified the enforcement of provisions of the National Lottery Act 2005 in the 36 states of the federation.
In a unanimous judgment delivered on Friday, the seven-member panel held that the national assembly lacks the powers to legislate on issues pertaining to lottery and gaming.
In March 2005, former President Olusegun Obasanjo signed the national lottery bill into law.
The legislation provides the framework for the operation of the national lottery and the establishment of the National Lottery Regulatory Commission.
The commission is charged with regulating the business of lottery in Nigeria as well as establishing the national lottery trust fund.
In 2008, the Lagos state government filed a suit against the federal government on whether the control and regulation of gaming and lottery businesses in each state is under the exclusive list.
In October 2020, the Ekiti government joined Lagos as co-plaintiff in the suit.
In November 2022, the supreme court joined 33 state governments as co-defendants in the suit.
In the judgment, the apex court ruled that only state assemblies have the powers to legislate on lottery and gaming businesses.
The supreme court ruled that legislation cannot be enforced in all states, except the federal capital territory (FCT), since the national assembly is empowered to make laws for the country’s capital.
News
NASS amends NDLEA Act, okays life imprisonment for drug traffickers
The Senate has concurred with the recommendation of the House of Representatives to commute the death sentence penalty for persons found guilty of storing, moving or concealing hard drugs and other illicit substances to life imprisonment.
The alignment of the Senate with the House of Representatives yesterday was a sequel to the amendment effected on the National Drug Law Enforcement Agency (NDLEA) Act.
The amendment was considered at the plenary, presided over by the Deputy Senate President, Barau Jibrin, APC! Kano North, after majority of senators supported the harmonisation of the conference committee of the two chambers of the National Assembly on Section 11 of the NDLEA Act.
Recall that recently, the House of Representatives passed an amendment to the NDLEA law to prescribe life imprisonment for drug traffickers but the Senate version of the amendment prescribed death penalty for the offenders.
In order to address the differences, both the Senate and the House of Representatives needed to hold a conference committee on the amendment where they will conclude on a final amendment to the section.
The then Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Tahir Monguno, had told his colleagues that the Senate would adopt the amendment of the House prescribing life imprisonment for drug traffickers.
Monguno, who is the chairman of the conference committee, explained that if the National Assembly adopted the death sentence, it meant over 900 accused persons behind bar on drug related cases would be executed.
He, therefore, urged his colleagues to support the resolution in order to reduce the effect of drug consumption and trading in the country.
After the presentation, the Deputy Senate President put the resolution to a vote and majority of the senators supported it.
Senator Barau, thereafter, approved the amendments to include life imprisonment for drug traffickers.
With the amendment, the section now reads: “Anybody who is unlawfully involved in the storage, custody, movement, carriage or concealment of dangerous drugs or controlled substances and who, while so involved is armed with any offensive weapon or is disguised in anyway, shall be guilty of an offence under this Act, and liable on conviction to be sentenced to life imprisonment.”
News
‘He was never our member’ — IPOB disowns Simon Ekpa
The proscribed Indigenous People of Biafra (IPOB) says Simon Ekpa, the controversial Biafra agitator, was never a member of the group.
IPOB said Ekpa was not a registered member of the group’s chapter in Finland and cannot be the leader of the group.
On Thursday, Ekpa, a Finland-based secessionist, was arrested by law enforcement agents in the northern European nation.
He was subsequently sent to prison by the district court of Päijät-Häme for “spreading terrorist propaganda on social media”.
Ekpa was said to have committed the crime in 2021 in Lahti municipality.
The Finnish National Bureau of Investigation (NBI) also arrested four other men over alleged terrorist offences.
In a statement on Friday, Emma Powerful, IPOB’s spokesperson, said Ekpa was a “destructive agent” paid to “infiltrate and destroy” the “peaceful movement” of IPOB.
Powerful accused the Nigerian and Finnish governments of shielding Ekpa from arrest.
“Simon Ekpa was never and is not an IPOB member, let alone being a leader in IPOB. IPOB has some family units in Finland, and Simon Ekpa is not a registered member of any IPOB unit in Finland or any other IPOB unit globally,” the statement reads.
“Mazi Nnamdi Kanu established IPOB as a peaceful movement to seek Biafra Independence via a supervised UN referendum.
“IPOB is a peaceful global movement that has never taken to violence or arms struggle in two decades of our self-determination struggle.
“It was unfortunate that some innocent Biafrans, being passionate for the restoration of the stolen sovereignty of the Biafran Nation, thought that Simon Ekpa was genuinely sympathetic to the Biafra cause.
“Sadly, they had to learn the hard way that he was a destructive agent paid to infiltrate and destroy the IPOB peaceful movement for Biafra self-determination. He recruited violent criminals to destabilize the South East Region in 2021.
“The Simon Ekpa-led group has no alliance, affiliation or relationship with IPOB family worldwide. He recruited his criminal gangs who have been terrorising the Biafran territory since 2021.
“The Nigerian government and politicians that contracted Simon Ekpa have been making strenuous efforts to tag the violent crimes of their agent on IPOB just to blackmail and demonise the genuine and peaceful Biafra self-determination struggle of the Biafran people led by the IPOB.
“On the purported arrest of Simon Ekpa, all IPOB members, Biafrans and lovers of Biafra freedom should remain calm and focused on our core objective which is the restoration of the sovereign state of Biafra.”
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