Judges in the Imo State and National Assembly Appeal Court sitting shifted to Lagos, have recused themselves from hearing the appeal by All Progressives Congress, APC, following petitions accusing them of bias.

APC counsel, Echezona Etiaba, SAN, had, at the resumed hearing of the penal, presented two petitions allegedly written by his clients, accusing the three-member panel of being compromised.

Advertorial

In the letter, which was read by the presiding Justice, the APC accused Damian Dodo, SAN, who they alleged to be counsel to one of the appellants of being the conduit to reach the panel headed by Justice Danjuma Mohammed, who is the presiding judge of Makurdi Division of the Court of Appeal.

Other members of the panel are Justice Peter Affen from Yola Division and Justice Asmau’u Mainoma, who is one of the newly appointed Justices to the Court of Appeal.

Opposition Peoples Democratic Party, PDP, in Imo State has asked the Independent National Electoral Commission, INEC, to remove the Resident Electoral Commissioner (REC) in charge of Imo, Prof. Sylvia Agu, ahead of the forthcoming November 11 polls in the state.

The PDP at a press briefing in Abuja at the party’s national secretariat, said Agu must be removed immediately because of an allegation of compromise at the last general election.

Advertorial

The party said considering that other political parties have protested and written to the INEC to remove her is enough reason, it would be testing the people’s will if she remains.

At the briefing, the National Publicity Secretary of the party, Debo Ologunagba, said the PDP and other political parties had written several letters to INEC calling for the removal of the REC, noting that INEC should do the needful now to prevent a repeat of Adamawa election fiasco.

The PDP noted that it has become imperative as Prof. Agu “Is compromised and her conduct in the 2023 National and House of Assembly elections where she allegedly manipulated and brazenly assisted the APC in rigging the elections are in the public domain.

“The continuing stay in office of Prof. Sylvia Agu as Imo REC is provocative, inciting, and amounts to testing the will of the people of Imo State and daring them to do their worst. INEC has a lot of RECs from which the INEC chairman can choose to replace Prof. Sylvia Agu and avoid a scenario that could be worse than what happened in the Adamawa State Governorship election, where INEC refused to change the compromised REC.

“INEC chairman must note that the integrity of an election process is directly about the confidence of the electorate. The Imo people have lost confidence in Prof Sylvia Agu’s neutrality, the PDP is asking INEC to immediately re-deploy her from Imo State.”

The PDP also reacted to the INEC Chairman, Prof Mahmood Yakubu’s declaration that INEC will make full use of its Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing (IReV) portal for uploading and electronic transmission of results in the elections in Imo, Bayelsa and Kogi States.

The party said that based on the INEC boss’ declaration, it would not accept any result that was not transmitted electronically.

It said “The PDP holds INEC Chairman, Prof Mahmood Yakubu, directly responsible and accountable to his pronouncements and that INEC is bound by Law to electronically transmit results directly from the polling units using these technologies.

“The PDP is fully prepared for these elections and, in line with the commitment of INEC, will not accept any other means of transmitting results in these elections except as this manner pronounced by the INEC Chairman in line with the requirement of the Electoral Act, 2022.”

Minister of Women Affairs, Uju Kennedy-Ohaneye, vowed to filed a lawsuit against the United Nations for allegedly not disbursing funds meant for Nigeria.

Kennedy-Ohaneye made this known while addressing a press conference in Abuja on Monday.

According to the minister, the world’s governing body obtained some funds on behalf of the country without remitting them.

Advertorial

She, then, said the UN has failed to provide her ministry with the necessary records, and legal action will be taken against the Antonio Guterres-led institution on or before November 15, if the situation remains the same.

“I stand here as the minister of women affairs to demand from the UN, the account of all the monies they sourced from donors in Nigeria’s name. We want to see the account of what they did,” Kennedy-Ohaneye said.

“If you don’t give us this account, at least let Nigerians see what is going on, then you [UN] apologise to them.

“From 16th of October to November 15, if we don’t get those reports for Nigerians to see, we are heading to court. [They have] from 16th October to November 8.

“They will get our pre-action letter that is to prepare that by 15th we are heading to court and I am promising Nigerians that by 15th you will hear the lawsuit number.”

Meanwhile, she did not reveal the exact amount the UN allegedly received on behalf of Nigeria or what the funds were designed to address.

Senate President Godswill Akpabio has dismissed his alleged involvement in the political travail of Senator Elisha Abbo, who was sacked from the Senate by the Court of Appeal.

Abbo had alleged that Akpabio was behind his removal from the Red Chamber.

The sacked Adamawa North senator was among the lawmakers, who campaigned and worked for Senator Abdulaziz Yari, Akpabio’s main challenger for Senate presidency.

Advertorial

Abbo said four other senators who worked against the emergence of Akpabio as Senate President had been targeted for removal from the Red Chamber through the court.

In an interview with reporters on Monday in Abuja, Abbo specifically mentioned Senator Orji Uzor Kalu (APC Abia North) as the next target for removal from the Senate.

But reacting to the allegation, Eseme Eyiboh, media aide to the Senate President said his principal has no hand in the court judgement, which sacked Abbo from the Senate.

Eyiboh said, “It is unfortunate if he actually said that Akpabio was responsible for his removal. That’s the swan song of a man looking for scapegoats.

“The Court of Appeal across the country decides cases based on the provisions of the Electoral Act and evidence advanced by petitioners. The Senate President has no reason to witch-hunt any of his colleagues.”

The Court of Appeal in Abuja voided the election of Abbo of the All Progressives Congress (APC).

The Independent National Electoral Commission (INEC) had declared Abbo winner of the February 25, 2023 parliamentary election, but Amos Yohanna, his Peoples Democratic Party (PDP) rival, rejected the result and headed for the court.

The tribunal, in its judgement, dismissed the Yohanna’s petition for lacking in merit.

The PDP’s candidate, through his counsel Johnson Usman (SAN), approached the Appeal Court.

The Court of Appeal, after hearing arguments from parties, agreed with Usman that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act.

The court, thereafter, deducted the invalid votes from the parties and found that Yohanna and PDP won the election by majority of lawful votes.

The three-member panel presided over by Justice C.E. Nwosu-Iheme, in a judgement, ordered INEC to issue a Certificate of Return to Yohanna as validly elected lawmaker for the senatorial district.

Governorship candidate of the Peoples Democratic Party, PDP, for the November 11 election in Kogi State, Dino Melaye has called on the Independent National Electoral Commission, INEC, to redeem its image with the forthcoming polls.

He made the call on Monday when he appeared on Channels Television’s Politics Today to discuss his chances in the election and in reaction to the mock election conducted by INEC.

Advertorial

Melaye who caused a stir at the national collation centre, querying INEC’s mode of carrying out its operation during the presidential and national assembly elections said the electoral empire’s showing, at that time, left much to be desired.

“A mock presentation is not enough to assess the performance of INEC, because there was mock performance during the 2023 elections and you know what happened afterwards.

“For me, it (Kogi election) is an opportunity for INEC to correct the mistakes, deliberate mistakes of the last election using the instrumentalities of these three upcoming elections, It is an opportunity for INEC to renew her image”, he said.

On if he has trust in INEC, he said, “We all knew what happened during the last election. So I’m just saying my advise for INEC is the Kogi, Bayelsa, and Imo elections is an opportunity for them to become born again,”

The New Nigeria Peoples Party (NNPP) in South East, has approved the expulsion of the former chairman in Anambra state, Chief Felix Chukwurah, from the party.

Chukwurah was originally expelled by the acting National Chairman, Abba Kawu Alli.

This was disclosed in a press statement released on Monday in Enugu by Mr Izuchukwu Onwuekelu, NNPP Secretary in South East.

Advertorial

According to Onwuekelu, the decision was taken at the emergency meeting held by the executive in Enugu on Sunday.

He revealed that Chukwurah was expelled on account of what the party described as his anti-party activities, which the party frowned at, adding that the penalty for the action is expulsion from the party.

“Furthermore, the acting Chairman of the party expounded on the paramount and efficacy of the party’s constitution which should and must be respected by all members of the party.

“The firm measures are on ground to sanitise the party as the party was instituted on Peace, Equity and Progress, and will not tolerate any activity that will threaten the vision and mission of the Party.

“In respect to the issue, all faithful members and Stakeholders of NNPP south east hereby support the expulsion of Chukwurah, former Chairman, NNPP Anambra State”, Onwuekelu said.

Federal High Court sitting in Abuja, on Monday, fixed Oct. 30.to hear a preliminary objection filed by Gov. Rotimi Akeredolu of Ondo State against a suit filed by his deputy, Mr Lucky Aiyedatiwa, to stop his impeachment by the state’s house of assembly.

Justice Emeka Nwite, who adjourned the matter after Aiyedatiwa’s counsel, Ebun-Olu Adegboruwa, SAN, opposed the submission of Kassim Gbadamosi, SAN, lawyer to Akeredolu, on his insistence to have his application heard, also fixed same date for hearing the deputy governor’s counter affidavit.

Advertorial

Justice Nwite equally fixed the hearing of an application filed by the Ondo State House of Assembly and its Speaker challenging the jurisidtcion of the court and a motion for stay of execution of the interim order of the court filed by the lawmakers for same date.

The judge, who directed Adegboruwa to ensure that the Inspector-General (I-G) of Police and the Department of State Service (DSS), the 1st and 2nd defendants in the suit, were served with all their processes, including the notice of hearing, asked all parties to put their house in order ahead of the next adjourned date.

Recall that Justice Nwite had, on Sept 26, restrained the Ondo State House of Assembly from impeaching Aiyedatiwa over alleged gross misconduct.

Nwite gave the interim order in a ruling shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.

He also restrained Akeredolu from nominating a new deputy governor and forwarding same to the lawmakers for an approval as the new state’s deputy governor based on a letter of resignation purportedly authored or signed by Aiyedatiwa, pending the hearing and determination of the interlocutory application.

The embattled deputy governor had, in an ex-parte motion marked: FHC/ABJ/CS/1294/2023, sued the I-G and DSS as 1st and 2nd defendants.

Others joined in the suit include Akeredolu, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.

In the application dated and filed by Mr Adelanke Akinrata on Sept. 21, Aiyedatiwa sought for four reliefs.

Upon resumed hearing on Monday, Adegboruwa informed the court that based on Akeredolu’s preliminary objection served on them on Oct. 9, he had responded with a counter affidavit.

He also notified the court about an application dated Oct. 3 and filed by the speaker and the assembly, seeking a stay of execution of the interim order stopping the lawmakers from continued with the impeachment process.

He argued that going by the application and recent events, the speaker and the assembly had insisted on non-compliance with the court order, despite their application challenging the jurisdiction of the court to entertain the suit.

The senior lawyer said that despite the order, the 4th and 6th defendants (speaker and House of assembly) had continued to act in contempt of the court order.

“Pursuant to this development, the plaintiff has filed an affidavit of facts dated 16 October, 2023, exhibiting the decision of the 4th and 6th respondents in respect of the order of your lordship,” he said.

He said the I-G and the DSS were yet to be served with their processes, including the counter affidavit in response to Akeredolu’s preliminary objection.

Adegboruwa, however, prayed the court to allow them serve the I-G and the DSS to avoid issues of lack of fair hearing.

He urged the court to hear the preliminary objection in conjunction with their substantive suit which, he said, was already ripe for hearing in the next adjourned date.

But Gbadamosi disagreed with Adegboruwa on his application seeking a leave to serve the I-G and the DSS before the court could hear their preliminary objection.

He said the court, based on its ruling on Oct. 9, said the matter for today would be for hearing of all pending applications.

“The court was aware of the time constraint when he adjourned for ruling and hearing of pending applications,” he said.

The senior lawyer argued that the prayer for an adjournment was an invitation for the court to overrule itself.

He also disagreed with Adegboruwa on issue of contempt raised.

According to him, parties to a proceeding must be heard on all applications before the court.

He said affidavit of facts cannot take the place of Order 35 of the FHC Rules which set out procedures for contempt.

He said besides, the plaintiff had not taken any step as to committal proceeding in accordance with the rules

“So there is no contempt proceedings pending before you on issue of contempt,” he said.

Gbadamosi also disagreed that the originating summons of the plaintiff was ripe for hearing.

He urged the court to hear their preliminary objection challenging the jurisdiction of the court and not to wait for an indolent parties (I-G and DSS) on issue of non-service.

The lawyer argued that the I-G and DSS were aware of the suit but decided not to come to court because they were unconcerned.

Counsel to the speaker and house of assembly, Femi Emodamori, and that of the state’s chief judge (5th defendant), Grace Benson, aligned with Gbadamosi’s submission.

But Adegboruwa disagreed with the defence lawyers.

He said since Akeredolu served his application on the I-G and the DSS, Aiyedatiwa cannot be denied same opportunity to serve the defendants before hearing the matter.

He said though his counter affidavits to 3rd, 4th and 6th defendants were served today, the I-G and DSS ought to be served too.

According to him, non-appearance of 1st and 2nd defendants in court will not and should not nullify their right to be served.

He also clarified that there was no contempt charge filed by the plaintiff but an affidavit of facts to make the defendants purge themselves of their contemptuous acts.

Justice Nwite, who held that he would not embark on proceeding that would result in exercise in futility, adjourned the matter until Oct. 30 for ruling or hearing of all pending applications.

Earlier, Nwite dismissed Aiyedatiwa’s plea for indefinite adjournment of his suit pending the outcome of the reconciliation committee set up by the All Progressives Congress (APC) to settle the dispute between him and Akeredolu and based on the petition written by the state’s lawmakers against the judge.

In a ruling, the judge held that it was in the interest of justice to continue with the suit.

He said the suit cannot be put on hold since there were different political parties which made up the assembly and that counsel to the defence indicated their disagreement to the reconciliatory effort.

Elisha Abbo, sacked Adamawa North senator, has fingered Senate President Godswill Akpabio in the appeal court ruling which removed him from the office.

The Court of Appeal in Abuja voided the election of Abbo of the All Progressives Congress (APC).

Advertorial

The Independent National Electoral Commission (INEC) had declared Abbo winner of the February 25, 2023 parliamentary election, but Amos Yohanna, his Peoples Democratic Party (PDP) rival, rejected the result and headed for the court.

The tribunal, in its judgement, dismissed Yohanna’s petition for lacking in merit.

The PDP’s candidate, through his counsel Johnson Usman (SAN), approached the Appeal Court.

The Court of Appeal, after hearing arguments from parties, agreed with Usman that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act.

The court, thereafter, deducted the invalid votes from the parties and found that Yohanna and PDP won the election by majority of lawful votes.

The three-member panel presided over by Justice C.E. Nwosu-Iheme, in a judgement, ordered INEC to issue a Certificate of Return to Yohanna as validly elected lawmaker for the senatorial district.

Reacting to the court’s ruling, Abbo said four other senators who worked against the emergence of Akpabio as Senate President had been targeted for removal from the Red Chamber through the court.

In an interview with reporters on Monday in Abuja, Abbo specifically mentioned Senator Orji Uzor Kalu (APC Abia North) as the next target for removal from the Senate.

“I have it from a reliable source that myself and four other senators within the fold of the ruling All Progressives Congress (APC) will be removed from the Senate through rulings from the courts, all because of working against the emergence of Akpabio as President of the 10th Senate.

“I won’t mention the names of all the four other ones targeted but the next in line is Senator Orji Uzor Kalu,” he said.

He wondered how with over 11,000 votes margin of victory he had above his closest river, Yohanna Amos Yohanna of the Peoples Democratic Party in the election, the Appeal Court upturned his victory.

“The court judgement is strange and the judiciary needs to please remain the last hope of the common man,” Abbo said.

He, however, appealed to his supporters to remain calm, vowing to recontest in 2027.

Efforts made to get the reaction of Akpabio to the allegation did not yield result at the time of filing this reort.