News

Court Restrains INEC From Conducting By-election Into Edo Assembly Seats

Published

4 years ago

January 7, 2020

Editor

The Abuja division of the Federal High Court, on Tuesday, stopped the Independent National Electoral Commission (INEC) from conducting fresh election to replace 14 House of Assembly members-elect yet to be inaugurated to take their seats.

The electoral body was restrained from conducting any election to fill the 14 seats declare vacant pending the hearing and determination of the substantive suit against the leadership of the house.

Justice Ahmed Mohammed issued the restraining order sequel to a motion ex-parte filed by the members-elect.

The state legislators-elect who instituted the legal action include; Victor Edoro, Washington Osifo, Vincent Uwadiae, Kingsley Ugabi, Michael Ohio-Ezomo, Sunday Aghedo and Chris Okaeben.

Others are Crosby Eribo, Aliyu Oshiomhole, Oshomah Ahmed, Ganiyu Audu, Ugiagbe Dumez, Uyi Ekhosuehi and Eric Okaka.

They had approached the court, seeking an order of interim injunction restraining INEC from conducting by-elections in respect of their seats in the Edo State House of Assembly purportedly declared vacant by the speaker on December 4, 2019, pending the hearing and determination of the motion on notice.

The suit dated December 10, 2019 has as respondents Speaker, Edo State House of Assembly, Honourable Frank Okiye and INEC as 1st and 2nd defendants respectively.

Delivering ruling in the ex-parte with suit: number: FHC/ABJ/CS/1582/19 and filed by Damian Dodo SAN, on behalf of the 14 lawmakers, Justice Mohammed ordered that parties in the suit should not take any further steps pending the determination of the motion before the court.

The judge had at the last hearing ordered the 1st and 2nd defendants to appear before the court on December 19 to show cause why the interim injunction being sought by the plaintiffs vide their motion ex-parte should not be granted.

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Justice Mohammed also ordered that the enrolled order to show cause on motion ex-parte for interim injunction, motion on notice for interlocutory injunction and the originating processes should be served on the respondents.

The judge, who ordered that hearing notices be issued on the respondents, had then adjourned the matter till December 19 for Okiye and INEC to appear and show cause.

Although the court did sit at the adjourned date (December 19, 2019) parties in the suit were given January 7, 2020. for further proceeding.

When the matter was called yesterday counsel to the applicants, Ikhide Ehighelua reminded the court about the motion ex-parte filed on December 10, 2019.

“My Lord, my learned friend from INEC is here today,” he said.

Responding, INEC’s lawyer, Femi Adeyemi, though acknowledged that the commission was served with all the processes, including the enrolled order, said it was not served with the motion ex-parte.

Adeyemi, who told the court that INEC’s position on the matter was to be neutral, said the electoral umpire did not oppose the application filed by the plaintiffs.

“My Lord, our position is that we want to retain our neutrality,” he told the judge.

He hinted that he had not filed an affidavit in support of the commission’s position.

Justice Mohammed, however, said based on provisions of Order 26 Rules 11, 12 and 13 of the Federal High Court Civil Procedure Rules, 2019, where a defendant is asked to come and show cause, the defendant is expected to file an affidavit in evidence and not an oral evidence.

“What you are telling me here is evidence. I understand you very well. You filed an affidavit that you want to be neutral.

“File an affidavit and explain there even if it is a two paragraphs, but not to stand at the bar and explain,” the judge said.

The court held that INEC having decided not to oppose the applications filed by the lawmakers, the commission should restrain itself from taking further step since the matter was still pending in court.

Justice Mohammed in addition ordered INEC to file an affidavit in support of its position and to show cause why the interim injunction should not be granted before the next adjourned date.

The Judge ordered that the 1st defendant, Mr Okiye, who was not represented in court be issued with the hearing notice, adjourned the matter till January 28.

(SUN)

News

Anambra: Three Ex-police Officers Bag Life Imprisonment For Murder

Published

8 hours ago

May 15, 2024

Editor

An Anambra State High Court sitting in Onitsha has convicted and sentenced to life imprisonment three former Police officers for killing a 42-year-old man, identified as Chukwunonso Uchenwoke, from Mbosi in the Ihiala Local Government Area of the state.

The accused persons were said to have killed the man while effecting his arrest over an alleged assault and malicious damage.

The offences were said to have been committed on May 14, 2016, at No. 13 Ibe Street, East Niger Layout, Okpoko in Ogbaru Local Government Area of the state and the Onitsha Judicial Division.

After the incident, the ex-police officers, whose names were given as Juliet Ekwueme, Ugochukwu Obiakor and Raphael Chike, were said to be dismissed from the Nigerian Police Force.

The court, presided over by Justice A.O. Okuma, on Wednesday, held that the prosecution counsel proved the case beyond reasonable doubt and found the accused persons guilty of conspiracy and murder charges preferred against them, which are contrary to Sections 495(a) and 274(I) of the Criminal Code Cap 36 Volume II, Revised Laws of Anambra State of Nigeria 1991, as amended.

The three of them were all convicted and sentenced to seven years of imprisonment for conspiracy and life imprisonment for manslaughter.

Trulaw Chambers, through her principal counsel, C.J. Okeke, prosecuted the case with the fiat of the Anambra State Attorney General.

Reacting to the judgement, the prosecutor, Okeke, described it as yet another victory and a succinct reminder that justice is still tenable with the right legal representatives.

The counsel to the first defendant, G.A. Oluwatuase, said he would appeal the judgment for his client; the counsel to the second defendant, C.E. Ezenwa, and the counsel to the third defendant, C.J. Agbata, said they need a copy of the judgement to determine their next line of action.

News

Three Killed In Abuja Community Clash

Published

8 hours ago

May 15, 2024

Editor

Three persons, including two women and a young boy, have reportedly been killed in a clash between local scavengers, otherwise referred to as baban bola, and residents of the Byazhin community, in Kubwa, Bwari Area Council of the FCT.

An eyewitness, who identified herself as Jessica Adam, told our correspondent that a baban bola attempted to steal a woman’s pot of soup, but was overpowered and beaten up after the woman alerted neighbours and passers-by.

The embittered baban bola then went away and mobilised hoodlums who returned at about 8pm wielding weapons including machetes, clubs, and stones and began attacking residents at random, eventually killing the woman whose pot of soup was earlier stolen.

In the attack, two others, a woman and a young boy, reported to be passers-by who unfortunately ran into the middle of the crisis, were also killed, they were, however, yet to be identified.

“They killed two people yesterday. The community has been in chaos since yesterday. The crisis continued till this morning when they killed somebody again. So far, three persons have been killed and many injured. The Police intervened and restored normalcy, but no arrest was made. The Police have intensified their patrol in the Byazhin area of Kubwa to prevent them from regrouping,” Ms Adams narrated.

A resident in the community, who spoke with The PUNCH on condition of anonymity, also confirmed the death of the three persons but said he had no clue as to what may have started the clash.

“Yes, the riot started yesterday. And by this morning, we learnt that three persons have been killed. It happened in Byazhin around that Millionaire’s Quarters, behind that Living Faith Church. That place is usually dangerous, because it is quite lonely, and you cannot pass through there alone, especially in the evening,” he said.

As of the time of filing this report, The PUNCH gathered that schools and shops in the area have been closed down, as parents scampered to pick up kids from their classrooms, and shops refused to open as of Wednesday morning.

Meanwhile, efforts to reach the Police Public Relations Officer of the FCT Police Command, SP Josephine Adeh, proved abortive, as her number was repeatedly unreachable.

News

24 Injured In Kano Mosque Explosion

Published

8 hours ago

May 15, 2024

Editor

No fewer than 24 persons were critically injured on Wednesday following an early morning mosque explosion at Gadan Village, Gezawa local government area of Kano State

The Public Relations Officer of the Kano Police Command, SP Abdullahi Haruna confirmed the incident in a statement on Wednesday.

“Today, 15/05/2024 at about 0520hrs, reports were received that, there was an explosion at a Mosque in Gadan Village, Gezawa LGA, Kano State during “Subhi Prayer” and that some people got injured.

“On receipt of the report, the Commissioner of Police, Kano State Command, CP Mohammed Usaini Gumel, immediately deployed the command’s combined teams consisting of experts in Explosive Ordnance Disposal Chemical Biological, Radiological and Nuclear (EOD-CBRN) led by CSP Haruna Isma’il and other Crime-Scene Policemen led by Divisional Police Officer, Gezawa Division, CSP Haruna Iliya.

“The scene was cordoned-off and twenty-four victims including 20 male adults and 4 male children were removed and rushed to Murtala Mohammed Specialist Hospital Kano where they are currently receiving treatment,” he said.

According to him, forensic analysis at the preliminary stage revealed a suspected petrol explosion, of which a full investigation is ongoing.

He said that the principal suspect had been identified and arrested adding that the suspect is now with the Police.

“The suspect is Shafi’u Abubakar aged 38 years who said his action was purely in hostility following prolonged family disagreement over sharing of inheritance of which those that he alleged to have cheated on him were in the mosque at that moment and he did that for his voice to be heard,” Haruna said.

While the suspect is currently in police custody, he noted that a detailed investigation is ongoing and will be made public in due course.