The Federal High Court sitting in Abuja has refused to grant an order of Interlocutory injunction sought by the governor of Enugu state, Barr. Peter Mbah, restraining the National Youth Service Corps, NYSC, from appearing before the Election Petitions Tribunal to give evidence with respect to the alleged fake NYSC certificate he presented to the Independent National Electoral Commission, INEC.

On Tuesday, the Court presided over by Justice Inyang Ekwo resumed hearing in the suit No. FHC/ABJ/CS/611/2023 filed by the Governor against the Corps.

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Governor Mbah, represented by his lawyer, Emeka Ozoani SAN, sought to move an application for an interlocutory injunction restraining the National Youth Service Corps from appearing before the Election Petitions Tribunal sitting in Enugu to give evidence over the certificate scandal.

In his rulling, the judge noted that the Court will not entertain any such application.

Justice Ekwo told the lawyer to forget about the injunction and concentrate on the main suit.

The court later adjourned to Tuesday, July 11, 2023 to hear the preliminary objection challenging the competence of the suit filed by the NYSC.

President of the Nigerian Senate, Godswill Akpabio has announced the principal officers of the majority party – the All Progressives Congress (APC) in the upper legislative chamber.

Umahi

On the floor of the senate on Tuesday, Akpabio announced Opeyemi Bamidele, senator representing Ekiti central, as majority leader, and David Umahi, senator representing Ebonyi south, as the deputy majority leader.

Bamidele

Ali Ndume, senator representing Borno south, was named as chief whip of the senate, and Lola Ashiru, senator representing Kwara south, as deputy chief whip.

Following his expulsion from the Peoples Democratic party, PDP, over anti-party activities, the former Enugu Governor, Chimaroke Nnamani went to court to challenge the decision of the party saying he was not given fair hearing in accordance with the PDP’s constitution.

An Abuja Federal High Court headed by Justice James Omotosho on Monday, nullified the expulsion of Senator Nnamani from the PDP.

Justice Omotosho said that going by the Article 57 of the Constitution of the PDP, it was only the National Executive Council (NEC) that can convene a disciplinary committee as against the National Working Committee (NWC), which took the decision.

The judge said that the constitution of the party stipulated that it was the NEC that was vested with the power to take disciplinary action against any erring member who is a governor, deputy governor and a serving member of the National Assembly.

The News Agency of Nigeria (NAN) reports that Nnamani, who represented Enugu East Senatorial District in the 9th Senate, lost his re-election bid to a Labour Party candidate, Kelvin Chukwu, in the Feb. 25 poll.

The PDP NWC, at its 566th meeting, had expelled the former senator on Feb. 10 for allegations bordering on anti-party activities.

He was initially suspended on Jan. 20 before he was subsequently expelled.

Nnamani was alleged to have campaigned for the presidential candidate of the All Progressives Congress (APC), Sen. Bola Tinubu, against the PDP presidential candidate, Alhaji Atiku Abubakar.

NAN reports that Tinubu was declared the winner of the Feb. 25 presidential election by the Independent National Electoral Commission (INEC) after polling the highest votes and was sworn in as Nigeria’s president on May 29.

But Nnamani, in a suit marked: FHC/ABJ/CS/163/23 filed on Feb. 6, had sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents over alleged breach of his fundamental rights to fair hearing.

In the originating summons, the plaintiff asked the court to determine whether he could be suspended without giving him the constitutional right to fair hearing.

He wanted the court to determine having regard to the provisions of Article 57 of the party, the decision of the NWC suspending him on Jan. 20 was not null and void.

He, therefore, prayed the court to declare that by virtue of the party’s constitution, the respondents did not validly conduct a disciplinary measure against him before his suspension.

Nnamani argued that besides being a serving senator, he was a two term governor of Enugu State.

He said that he was neither notified of any complaint against him nor afforded opportunity to fair hearing.

But the respondents, in a counter affidavit and a preliminary objection, sought an order dismissing the suit.

They argued that Nnamani campaigned for another political party while being a member of the PDP.

They said contrary to his argument, the party had the power to suspend him having being found to engage in anti-party activities.

They further argued that the issues bordered on the internal affairs of the party which the court lacked the jurisdiction to determine.

Justice Omotosho said that though the Supreme Court held that the issue of party membership, etc, was within the party’s jurisdiction and a no-go area to the courts, he said Section 46(2) of the 1999 Constitution vested the power on the court to hear alleged breach of person’s rights

He cited previous cases to back his decision.

“This court will not dabble into the internal affairs of party but will restrict itself to whether the fundamental right of the plaintiff has been breached,” he said.

He said though these rights are not absolute, they are entrenched in Chapter 4 of the 1999 Constitution of Nigeria, and that the African Charter on Peoples Rights also makes provisions for fundamental rights.

The judge agreed that a member of a political party must abide by its rules and regulation, having freely submitted himself to its rules, he however said that the court would only interfer where the party had violated its own rules and regulation.

He observed that Articles 4 and 5 of the PDP gave provisions for fair hearing to erring members.

According to him, fair hearing is giving equal opportunity to parties and where fair hearing has been done, a party cannot complain.

“But the complaint of the plaintiff is that he was not giving fair hearing,” he said, in accordance with Article 57 of the party’s constitution.

“The law is clear that specific provisions override general provisions,” he said.

He said the available fact before the court was that the NWC, at its 566th meeting, considered all the allegations against Nnamani and approved his suspension for one month.

Besides, the judge also observed that it was the NWC that expelled him on Feb. 10 in a press release.

Omotosho, who said that this was a gross violation of the party’s constitution, held that this had rendered all the actions null and avoid.

He said the court was convinced that the plaintiff had been able to establish his case against the respondents.

Justice Omotosho consequently gave an order nullifying the decision of the PDP NWC that was taken on Feb. 10, expelling the ex-lawmaker.

Presidential Election Petitions Tribunal, sitting at the Court of Appeal, Abuja has adjourned sitting following failure of the Independent National Electoral Commission, INEC to present its witness.

But at the hearing today, Counsel to INEC, informed the court that the witness it hopes to present before the court failed to show up for no reason, forcing the court to adjourn to tomorrow for INEC to present its witness.

INEC was scheduled to present three witness to validate the results through which President Bola Ahmed Tinubu emerged as President before the court.

During the sitting, Dr Datti Ahmed, Vice Presidential Candidate of Labour Party announced appearance for the Second Petitioner (LP), while Mrs May Agbamuche, Chair INEC Legal Services, announced for INEC.

AB Mahmood SAN, Counsel for INEC told the court that INEC has 3 witnesses; One was slated to appear this morning but couldn’t, due to some emergencies.

He described the development as unfortunate and applied for adjournment
Counsel for LP, BAT/Shett & APC’s agreed with INEC and the court adjourned proceedings for INEC to Tuesday, July 4, 2023 by 9 am.

Phrank Shaibu, the Special Assistant on Public Communication to the 2023 Peoples Democratic Party, PDP, presidential candidate, Atiku Abubakar, has accused President Bola Tinubu of planning to reward the immediate past Rivers State Governor, Nyesom Wike with a ministerial appointment.

Shaibu said the ministerial appointment was to appreciate Wike for rigging the presidential election in Rivers State to favour Tinubu.

He insisted that the results in states like Rivers showed that the last presidential election was far from credible.

In a statement he signed, Shaibu said it was tragic that Tinubu was planning on rewarding Wike with a ministerial portfolio despite the pending petition against the former Governor which has attracted nearly 300,000 votes.

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The statement reads partly: “The Presidential election in Rivers State was clearly rigged as evidenced by what INEC has uploaded on IREV.

“So far, nearly 300,000 Nigerians have signed a petition on change.org demanding visa bans against Governor Wike.

“Tinubu is now on the verge of appointing Wike as a minister as a reward for that disgraceful election.

“What a shame. And this is the character who claimed to have fought for the actualisation of June 12?”

Recall that few days after resuming office as Governor, Peter Mbah of Enugu state had on June 1 declared “No more sit-at-home in Enugu ” effective from Monday, June 5. He asked individuals and corporate organizations to resume business activities on Mondays, promising safety and security.

Despite the directives and subsequent cancellation, Monday sit-at-home seems to remain in Enugu.

Daily Gazette correspondent who  monitored the situation observed that schools, banks and business premises did not open, while the markets which opened were empty as many were under lock and key.

At ESBS junction, WAEC roundabout, New Haven market, Kenyatta market and Ogui Junction, there were scalatal bus movements while shops were under lock.

At Ogbete Market, despite the heavy presence of joint security operatives, traders and transporters did not come out as major businesses in the area were shut.

Why the fear?
A passersby who spoke on the condition of anonymity told our correspondent that residents seem not confident in the government’s assurance of security.

The Indigenous People of Biafra (IPOB), which initially ordered the sit-at-home, had cancelled it, but a splinter group headed by Simon Ekpa has continued to threaten residents who come out on Mondays with violence.