The Court of Appeal sitting in Lagos on Friday, affirmed Senator Patrick Ifeanyi Ubah as the winner of the 2023 Anambra South Senatorial District Election.

The Senator representing Anambra South on the platform of Young Progressives Party (YPP), recently defected to the ruling All Progressives Congress (APC).

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The court delivered judgement on the appeals filed by the candidate of the All Progressives Grand Alliance (APGA), Hon Chris Azubogu, candidate of the Peoples Democratic Party (PDP), Chris Uba and Candidate of the Labour Party (LP), Obinna Uzor.

The appellate court upheld the ruling of the National Assembly Election Petition Tribunal, Awka and dismissed the appeals filed by APGA, PDP and LP candidates for lack of merit.

With the Appeal Court ruling, all legal tussles on the 2023 Anambra South Senatorial Election have been brought to an end.

Justice Ismail Ijelu of the Lagos State High Court sitting in Ikeja on Friday ordered the arrest of the Chairman of Ibeto Energy Development Company, Cletus Ibeto, for allegedly refusing to appear in court for his fraud trial.

Justice Ijelu issued the bench warrant after a motion moved by the counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN), who informed him that the defendant had flagrantly failed to appear in court, despite repeatedly hearing notice served on him.

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The EFCC had charged the defendant alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, over an alleged N4.8 billion fraud.

The anti-graft agency filed a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.

The defendant’s arraignment was stalled on September 28 and October 5 due to his failure to appear in court, although he was represented by his lawyers.

On the two occasions, his lawyer, Dr Onyechi Ikpeazu (SAN), informed the judge that his client was absent due to ill health. He, however, promised to produce him yesterday.

However, when the matter was called on Friday, he was represented by another counsel, Daniel Awosika (SAN), who told the court that the defendant was sick and could not attend court.

Following the development, Jacobs urged the court to issue a bench warrant for the arrest of the businessman.

Jacobs claimed that the defendant was in Lagos, and the commission could have arrested him, but it did not have the order of the court to do so.

He stated, “Senior lawyers cannot come to court and waste the court’s time. We urge the court to grant us a warrant of arrest to force the defendant to court,” Jacob said.

In his ruling, Justice Ijelu held that the defence counsel did not adduce any compelling reason for him to grant his request for adjournment.

The judge further stated that the court did not exist for frivolities as it only existed for dispensing justice.

“The defence counsel decided to waste the court’s time. The court is the symbol of the state and not an object of ridicule.

“Although the senior counsel appeared in this matter for the first, two senior counsel have previously occurred and promised that the defendant will appear for his arraignment.

“In the absence of any cogent excuse to produce the defendant for arraignment, a bench warrant is hereby issued against the defendant,” the court ruled.

Justice Ijelu has adjourned the matter to November 15 for the arraignment of the defendant.

The Court of Appeal sitting in Lagos has overturned the judgment of the National Assembly Election Petitions Tribunal in Umuahia which dismissed the election of Amobi Ogah of the Labour Party and the member representing Isikwuato Umunneochi Federal Constituency of Abia State

The tribunal had in September, 2023 nullified the election of Ogah candidate of the Labour Party only for the lawmaker to approach the Court of Appeal to challenge the judgment.

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While nullifying Ogah’s election, the tribunal had ruled in favour of the All Progressives Congress candidate, Nkiriuka Onyejiocha, incumbent Minister of State for Labour and Employment.

On Friday, the appellate court ruled in favour of Ogah who contested the election on the platform of the Labour Party.

The Appeal Court sitting in Lagos State has affirmed Jarigbe Jarigbe of the Peoples Democratic Party as the winner of the Cross River North Senatorial District election.

The court, on Saturday, dismissed the petition by former governor of Cross River State, Ben Ayade, of the All Progressives Congress on the election.

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The court also awarded N500,000 against the former governor in favour of the incumbent senator.

Ayade lost the February election to the incumbent senator, Jarigbe.

The former governor who was in the Senate between 2011 and 2015, lost the National Assembly elections conducted on Saturday with 56,595 votes against Jarigbe of the Peoples Democratic Party who scored 76,145 votes.

Earlier in September, the Cross River State National Assembly Election Petitions sitting in Calabar had declared Jarigbe as the winner of the February 25, senatorial district elections and dismissed Ayade’s petition for lack of merit.

In the five-hour judgment, the chairman of the Tribunal, Justice M. A. Sambo, said the petitioners (Ayade and APC) failed to prove their case substantially a dismissed all their petitions, saying there were no credible evidences tendered before the Court to prove that the elections were fraught with malpractices.

Jarigbe, a two-time member of the House of Representatives, was elected into the Senate through a bye-election in September 2021 following the death of Dr Rose Okoh.

The Appeal Court sitting in Lagos has fixed Monday for hearing in the appeal filed by the Labour Party Governorship candidate in the 2023 general elections in Enugu state, Barr. Chijioke Edeoga against Mr. Peter Mba of the People’s Democratic Party, PDP.

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Edeoga had filed an appeal to challenge the decision of the Enugu governorship election Petitions Tribunal which affirmed the declaration of Mba by INEC.

Labour Party and its candidate argued that the PDP candidate, Mr Peter Mba was at the time of the election not constitutionally qualified to contest having presented a forged certificate of national service, NYSC to INEC.

Other grounds of appeal include; Over voting in Nkanu East council area, computational errors,
non compliance with the electoral guidelines among others.

Daily Gazette recall that Justice Kudirat Akano led tribunal had on September 16, 2023, upheld the return made by INEC and dismissed Barr. Chijioke Edeoga’s petition.

Labour Party had described the tribunal’s verdict as “a gross miscarriage of justice”.

The court of appeal sitting in Lagos on Friday upheld the electoral victory of the member representing Enugu East/Isiuzo federal constituency in the house of representatives, Prof. Paul Nnamchi.

The three man honourable justices in a unanimous judgment, set aside the judgment of the National Assembly Election Petitions Tribunal sitting in Enugu headed by Justice A.M Abubakar which earlier nullified Prof. Nnamchi’s election and declare Mr. Cornelius Nnaji of the Peoples Democratic party, PDP as the winner of the February 25 election.

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Daily Gazette recall that Prof. Paul Nnamchi of the Labour Party secured 23,607 votes to defeat his closest rival, Mr. Cornelius Nnaji of the PDP who got 7,542 votes.

Delivering her judgment, the judges ruled that the trial tribunal erred in law when it nullified the election on ground that Prof. Nnamchi failed to resign as a staff of the prestigious University of Nigeria, Nsukka, six months before the election.

The court said, based on the evidences before her, the appellant resigned his membership of staff of UNN three months before his election as required by law. It is therefore preposterous how the trial tribunal nullified his victory using the 1976 bylaws of the University insisting that no other bylaw supersede the 1999 constitution of the federal republic of Nigeria.

Speaking with Daily Gazette shortly after the judgment, Prof. Paul Nnamchi who could not hide his joy over the victory, thanked the judges for upholding the mandate freely given to him by the people of Enugu East
/Isiuzo federal constituency.

Nnamchi assured of his determination to deliver on his campaign promises.

The Court of Appeal sitting in Abuja, on Wednesday, sacked the former Governor of Benue State, Gabriel Suswam, from the Senate.

The appellate court, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that held in Benue North East on February 25.

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It faulted the judgement of the Benue State National Assembly Election Petitions Tribunal, which returned Suswam of the Peoples Democratic Party, PDP, to the Senate, after it nullified the election victory of Mr. Emmanuel Udende of the All Progressives Congress, APC.

According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter and thereby arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory.

Consequently, the court voided the judgement of the tribunal, saying it found merit in the appeal that was lodged before it by the APC candidate.

“The judgement of the tribunal delivered on 8/9/2023 is hereby set aside.

“The return of the Appellant as the winner of the Benue North East senatorial election that was held on February 25 is hereby affirmed.

“Parties are to bear their respective cost,” the appellate court held in its lead verdict that was delivered by Justice Abimbola Osarugue Obaseki Adejumo, who led the panel.

It will be recalled that the Independent National Electoral Commission, INEC, had declared Udende as winner of the senatorial election after he polled a total of 135,573 votes to defeat Senator Suswam who garnered 112,231 votes.

Not satisfied with the outcome of the election, Suswam approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations and falsification of results.

In its judgement, the tribunal held that Suswam successfully established his case that irregularities took place in five out of seven LGAs in the Senatorial District.

The tribunal cancelled 51,895 votes entered for Senator Udende and also cancelled 21,229 votes entered for Senator Suswam.

After subtracting the padded votes, Senator Suswam was left with 90,590 while Senator Udende scored 82,699 votes.

Upholding the petition, Justice Ori Zik-Ikeoha led panel entered judgment in Suswam’s favour, a decision that was vacated by the appellate court on Wednesday.

The Niger State Police Command has arrested a 14-year-old home help, Joy Afekafe, a prime suspect in the killing of a Federal University of Technology Minna lecturer, Dr Funmilola Sherifat Adefolalu.

Adefolalu, a lecturer in Niger State, was found dead in her home in the Gbaiko area of Minna, the state capital.

The lecturer of the Department of Biochemistry, School of Life Sciences, was found dead in a pool of blood.

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It was learnt that the deceased lecturer’s body was discovered when her church members traced her home after she was not seen during service.

Some residents stated that the late lecturer’s husband, who was a professor in the same school had earlier passed on.

The late lecturer reportedly sacked a female home help who was staying with her and was found dead shortly after.

However, according to the police, an investigation revealed that the 14-year-old domestic help, Afekafe, alongside her classmates identified as Walex and Smart, attacked the lecturer.

Meanwhile, the two accomplices are said to be on the run.

Wasiu Abiodu, the spokesperson for the state police command on Tuesday in a statement, disclosed that the deceased had injury marks on her body.

He said Afekafe was arrested on October 30, 2023, in the Gbeganu area of Minna.

He said, “Police operatives attached to Bosso Division visited the scene and two bloodstained knives suspected to have been used to stab her by unknown person(s) were recovered from the scene. The body was taken to the IBB Hospital, Minna where she was confirmed dead.

“During interrogation, the suspect confessed that she served as the deceased’s housemaid for about three weeks, and she was laid off due to her misdeed in the house.

“After she was laid off, she met her classmates called Walex and Smart, narrated her ordeal to them and conspired to attack the lecturer at her residence.

“Afekafe said they went to the lecturer’s residence on October 28, 2023, around 1600hrs, with a motorcycle and she surfaced at the gate, while the lecturer opened the gate for her.

“Walex and Smart later entered, beat and hit the lecturer’s head with a stool and stabbed her with a knife brought by Walex while Smart took another knife from the kitchen, and stabbed her severally.

“She (Afekafe) said the deceased’s phone and laptop were taken away, while they also removed the battery of the vehicle parked in the compound and fled the scene.

“The suspect will be transferred to SCID for further investigation and diligent prosecution, while effort is ongoing to arrest the fleeing other suspects.”

The Court of Appeal sitting in Abuja has vacated the order nullifying the candidacy of Chief Timipre Sylva, governorship candidate of the All Progressives Congress (APC) in Bayelsa State.

A Federal High Court in Abuja had disqualified Sylva as candidate of the APC in the November 11 governorship election.

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The high court had declared that Sylva was not qualified to run in the November poll because if he wins and is sworn in, he would spend more than eight years in office as governor of the state.

Citing the case of Marwa vs Nyako at the Supreme Court, the court held that the drafters of the country’s constitution stated that nobody should be voted for as governor more than twice and that the parties to the suit agreed that Sylva was voted into office two times.

It further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope, saying if Sylva was allowed to contest the next election, it means a person can contest as many times as he wishes.

The suit number FHC/ABJ/CS/821/2023 was filed on June 13, 2023 by Deme Kolomo, a member of the APC.

Based on the court ruling, the Independent National Electoral Commission (INEC) excluded Sylva’s name and that of his running mate, Joshua Maciver, from the list of contestants of the November 11 exercise.

The list signed by the Secretary to the Commission, Rose Oriaran-Anthony, had the column for the names of APC candidate and his ruining mate left blank with remarks, “Court order”

The situation had thrown the supporters of APC into anxiety, with many comparing it to how the party was prevented from governing the state after winning the 2019 governorship election.

But in a ruling on Tuesday, Justice Binta Zubairu held that the lower court erred in having assumed jurisdiction in the matter on grounds that the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit.

Zubairu held that having not participated in the primary election that produced Sylva, Kolomo had no justification to file the suit.

The appellate court said the issue of jurisdiction is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.

The appellate court held that once a judgment is found to have been delivered without jurisdiction, no matter how sound it may be, it is an exercise in futility.

The appellate court subsequently voided the decision of the lower court.

The Supreme Court has moved hearing on the application by the All Progressives Grand Alliance seeking to remove Hope Uzodinma from office as Imo state governor to December 5.

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The apex court had fixed October 31, 2023, for the commencement of a hearing on the matter.

APGA in 2020 filed an application where the party contended that there ought to have been a fresh election in the state after the apex court nullified the election of the Peoples Democratic Party candidate Emeka Ihedioha, candidate of the Peoples Democratic Party.

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The party said the Supreme Court did not rule on the validity of Uzodinma’s candidacy since it was not challenged by Ihedioha and the PDP in the appeal marked SC/1462/2019.

Three years after the application was filed, the apex court fixed its hearing on Tuesday.

However, when journalists visited the apex court on Tuesday, the matter was not listed on the court’s cause list.

One of the apex court registrars told journalists that the case had been moved to December 5.

No reasons were given for the postponement of the case.