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Ondo Election: Appeal Court declares Eyitayo Jegede PDP candidate – how it went.

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The Court of Appeal, Abuja on Wednesday re-listed Eyitayo Jegede as candidate of PDP in Nov.26 governorship election in Ondo State.

Eyitayo Jegede bodexng ondo election

 

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.

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IGP Never Ordered Beating, Attacks On Policemen During Stop And Search. It Is A Lie – FPRO

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The Nigeria Police Force wishes to address a viral fake news story that has emerged, claiming that Inspector-General of Police, IGP Kayode Adeolu Egbetokun, Ph.D., NPM., has instructed citizens to physically assault and throw stones at police officers who request to search their phones.

This claim is entirely false and has no basis in reality. The IGP has not issued any such directive encouraging violence against law enforcement officers. Instead, he has called on citizens to report instances of police misconduct through appropriate channels. This approach underscores the importance of accountability and maintaining the rule of law, rather than resorting to violent actions.

Members of the public are urged to make use of the following Police helplines & contacts to lay complaints whenever necessary: +2347056792065, +2349133333785, +2349133333786, @PoliceNG on X, @ngpolice on Facebook, and @nigeriapoliceforce on Instagram. Citizens can also contact us by mail through; pressforabuja@police.gov.ng and reach us through the police website at npf.gov.ng

Members of the public are advised to remain vigilant against misinformation and verify information through credible sources. The Nigeria Police Force remains committed to fostering a cooperative and trustful relationship between the police and the communities they serve.

ACP OLUMUYIWA ADEJOBI, mnipr, mipra, fCAI
FPRO, ABUJA.
22ND DECEMBER 2024.

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Court stops customs from seizing imported rice in markets, seaports

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A court of appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) should not impound foreign rice in the open market or on highways.

In a judgment delivered on December 6, a three-member panel of justices led by Ntong Ntong held that existing laws restrict NCS’ enforcement to land borders only.

The judgment was delivered in an appeal filed by the NCS, against a decision of the federal high court that acquitted one Suleiman Mohammed, a businessman, of charges related to the importation of rice.

Customs had arrested Mohammed after seizing a truck carrying 613 bags of foreign rice and 80 bags of millet belonging to the businessman on June 14, 2019, along the Kaduna-Zaria expressway.

Mohammed was charged and arraigned on a two-count charge.

However, in a judgment delivered on November 10, 2021, Z. B. Abubakar, trial judge, acquitted the defendants of the charges.

Abubakar held that the plaintiffs (customs) failed to adduce enough evidence to prove that the defendant imported the goods.

The judge also held that there is no subsisting blanket ban on the importation of foreign rice as claimed by the plaintiffs.

“…the evidence led by the prosecution through PW1, PW2, PW3 and the Exhibits tendered has not established that the Defendant imported Exhibit ‘NCS B1-B612’. Even the investigation conducted by the complainant (Nigeria Customs Service Board) on Exhibit ‘NCS B1-B612,” the judge held.

“As a matter of fact, Exhibit ‘NCS D’ could not reveal who imported the said Exhibits or where they imported from.

“It should be borne in mind that importation of foreign rice is not absolutely or totally prohibited. It is only importation of the product through the land borders of this country that was proscribed by the Federal Government vide Circular No. NCS/TXT/1XE/045/S.416/VOL.1X of 18th March, 2016. The circular provided that foreign rice only be imported into the country through seaports.”

The trial judge held that the prosecution failed to show that the goods were imported through land borders, adding that “the said exhibits could have been imported through the seaport, and the court is entitled to presume so”.

Furthermore, the lower court held that “loading any foreign rice into a truck is not an offence under both Sections 46(b) and 47(1) (a) (ii) of Customs and Excise Management Act (CEMA) (Supra)”.

“It is the landing or unloading of goods or foreign rice at designated customs port CA/K/33/C/2022 or wharf that is prohibited by the aforementioned provisions of the Act,” the judge ruled.

‘APPEAL IS A HOAX’

Aggrieved by the trial court’s judgment, NCS filed an appeal.

However, the appellate court commended the trial court judge for “doing justice in the evaluation of the law and evidence adduced before it”.

Ntong said he agreed with the arguments put forward by the respondent’s lawyer and the judgment of the trial court.

“Truly, I also agree with the learned trial judge, that Kaduna-Zaria expressway is not a “Land border” as stipulated by the law and Exhibit “NCS D,” the justice held.

“Importation of foreign rice in any wise is not generally prohibited. It is restricted to land borders alone.

“If I were in the shoes of the appellant (NCS), I would have honourably thrown in the towel as this appeal is simply a hoax, a fluke and unmeritorious whatsoever.

“From the evidence in the Record of Appeal, the Respondent was merely a purchaser for value and not an importer. The Appellant ought to have arrested the importer and not a mere purchaser from open market with a receipt of purchase Exhibit NCS D.

“How can a fowl leave to attack who killed it to pursue who is de-feathering it? This is an Annang-African Idiom that means the Appellant ought not to shut its eyes away from the importer and be chasing petty traders and consumers who buy from the open market. After all prohibited or contraband goods always pass through the borders which are the beats of the Appellant.”

Consequently, the court dismissed the appeal in favour of the respondents.

The court further ordered customs to return all the goods seized from the businessman in 2019 or pay him the money equivalent.

“Consequently, the Appellant is hereby ordered to release or cause the release of the 613 bags of foreign rice, 80 bags of millet, Exhibit “C” and DAF truck with Registration Number: 57 BS 45 impounded and confiscated from the Respondent on 14th June, 2019 to the said Respondent Suleiman Mohammed or his representative forthwith,” the judge ruled.

“Where it has become difficult or impossible to return the items aforesaid, the Appellant shall pay to the Respondent a sum of money equivalent to the current price or cost of the items aforementioned.”

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Many feared dead as rice distribution causes stampede in Anambra

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An unconfirmed number of residents of Okija community in Anambra state have reportedly lost their lives in a stampede.

TheCable understands that the stampede occurred on Saturday morning during an event for the distribution of rice.

Victims of the stampede are mostly women.

Multiple social media videos seen by TheCable show lifeless bodies laying on the ground after the incident.

Some victims have reportedly been taken to nearby hospitals.

Charles Aburime, the chief press secretary to the Anambra governor, confirmed the incident when contacted.

Aburime said the state government is monitoring the situation and would soon release a statement.

The incident is coming a few days after over 35 people, mostly children, died during a stampede at a carnival in Ibadan, Oyo state capital.

The Anambra stampede is the second rice distribution-related mishap in 2024.

In March, some students of Nasarawa State University, Keffi, were killed in a stampede during the distribution of rice donated by the state government.

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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