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Enugu Guber: Tribunal Orders Substituted Service On REC Over BVAS Machines
The Governorship Election Petition Tribunal sitting in Enugu State, on Saturday, ordered substituted service of a subpoena issued on the Resident Electoral Commissioner, REC, in Enugu State, Dr. Chukwuemeka Chukwu.
The tribunal had earlier issued a subpoena ordering the Enugu REC to bring before the court the BVAS machines used for the March 18 governorship election.
The subpoena was issued following an application made by Labour Party, LP, and its candidate, Barr Chijioke Edeoga.
The party is challenging the election of Barr Peter Mbah of the Peoples Democratic Party, PDP.
When the case came up on Saturday, the petitioners’ counsels led by Valerie Azinge, SAN, who appeared with Chief Alexander Ejesieme, SAN, among others, drew the attention of the tribunal to the subpoena issued on the Enugu REC and inquired as to whether or not the he was in court.
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At this point, Azinge asked the court to allow Ejesieme to take over the procceding.
Ejesieme asked the counsel to the 1st respondent, INEC, whether the subpoena witness was in court.
In response, the INEC counsel, Hyacinth Okoli, said: “unfortunately, the subpoena was not served on the REC as stated and as required by law. The law is so specific about subpoena service.”
Citing Order 20 Rule 23 of the Federal High Court Rules 2009 which provides that a subpoena shall be served personally unless the court orders that same be served by substituted means in extreme cases, he said: “the REC was ordered to be served with the subpoena and he is always in the office. My submission is that whom the subpoena was served on is not the REC but one Grace Onuoha a legal officer with INEC.”
Going further, Okoli said: “I urge my Lords to set aside the service of the subpoena served on Grace Onuoha. There is no evidence that the REC evaded service and the tribunal didn’t make an order for substituted service on Grace Onuoha.
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“The said subpoena has been returned to the tribunal in company of a letter and an affidavit. We urge the honourable tribunal to set aside the service of the subpoena on Grace Onuoha.”
Similarly, Chief Alex Iziyon, SAN, counsel to the respondents held same position.
In a counter aurgment, the petitioners’ lawyer, Ejesieme, told the tribunal that the letter and the affidavit returning the subpoena was served on him a few seconds ago.
Replying on points of law, Ejesieme said, “I will be relying on the same Order 20 Rule 23 of the Federal High Court Rules 2009 and I urge my Lords to make an order for a substituted service on Grace Onuoha.
“Also, I will be relying on a similar order made by this tribunal in EPT/003 where the tribunal gave a similar order that the subpoena be served on the counsel.”
Objecting to the oral application made by Ejesieme, the INEC counsel, Okoli said, “My Lords, there is no affidavit before the tribunal to attest that the bailiff made any attempt to serve the subpoena on the REC before serving it on Grace Onuoha.
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“I urge my Lords to discountance the application made by the learned silk to the court. In EPT/003, there was an affidavit before the court made an order for a substituted service on the governor of Enugu state. There was affidavit of non-service, but in the instant case, there is no affidavit of non-service.
“Section 47 of the First Schedule of the Elected Act 2022 as amended provided that no motion shall be moved after pre-trial stage except on extreme cases. I urge my Lords to refuse the application for substituted service.”
Responding also, Iziyon told the tribunal that the application is not grantable under the law.
He said, “An oral application at this stage of the procceding is not accepted. The application should be made in writing and not orally”.
Responding to the above objections on the application for a substituted service, Ejesieme said, “I refer my Lords to Order 5 Rule (5) (b).
“By that provision, there is no need for any affidavit. This return was just made a few minutes ago.
“It was filed on the 14th day of July 2023. If it was served on me yesterday, I would have taken my position. There is an extreme condition giving the circumstances that we found ourselves in.”
“Paragraph 47 of the Electoral Act is inapplicable in this case. I refer my Lords to the case of Akeredolu V Abraham & anor where the Supreme Court interpreted the provisions of Order 20 Rule 23 of the Federal High Court Rules 2009. I urge my Lords to grant our application,” he argued.
In its ruling, the tribunal, chaired by Justice K. M. Akano held that the circumstances surrounding the return of the subpoena and the fact that the petitioners have just tomorrow, Sunday, which is the 16th day of July, 2023, to conclude their case, warrants the granting of the application.
It granted the order for substituted service and ordered that the subpoena be served on Grace Onuoha who is a legal officer in the Enugu office of INEC.
News
VIDEO: Why I’ve Never Tried Convincing My Christian Wife To Convert To Islam — Tinubu
President Bola Ahmed Tinubu has explained why he has never attempted to convince his wife, First Lady Oluremi Tinubu, to convert to Islam, stressing his belief in love, religious freedom, and mutual respect among people of different faiths.
Speaking on Saturday at the funeral service of Nana Lydia Yilwatda, mother of the National Chairman of the All Progressives Congress (APC), Prof. Nentawe Yilwada, Tinubu said his marriage to a Christian pastor has never created any conflict in their home.
The president, who arrived in Jos, Plateau State around 2 p.m. for the ceremony at the COCIN headquarters church, said he inherited Islam from his family and has always upheld the principle of freedom of religion.
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He noted that both he and the First Lady serve the same God and would ultimately be answerable to Him, adding that what matters most are people’s deeds, character, and love for others.
Tinubu urged Nigerians to embrace tolerance and peaceful coexistence, emphasising that hate should never have a place in the country.
He also prayed for the repose of the soul of the late Lydia Yilwada and asked God to grant comfort and blessings to those she left behind.
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He said, “Hate is not an option for us. Love is what you preach, that we should love one another.
“Nobody, nobody determines what God has ordained. God’s ordained action and his promises are what matter. I inherited Islam from my family. I didn’t change. But my wife is a pastor. She prays for me.
“No conflict. And I never did at any single time try to convince her or convert her. I believe in the freedom of religion.
“We are praying to the same God. We are answerable to the same almighty God. We will answer to him. We will account to him. Our deeds, our character, our love for our fellow beings are what are important.
“May the almighty accept the soul of Lydia and give all that she left behind blessings and glory, so we say, may her soul rest in peace.”
News
UK Police Quiz Six After Fatal Synagogue Attack
Six people arrested on suspicion of “terrorism”-linked offences after a fatal car-ramming and knife attack on a UK synagogue remained in police custody on Saturday, as Prime Minister Keir Starmer urged people not to take part in pro-Palestinian protests.
Two people were killed and three others seriously wounded in Thursday’s attack in northwestern Manchester on Yom Kippur, the holiest day of the Jewish calendar.
Police shot dead the assailant, Jihad Al-Shamie, a 35-year-old UK citizen of Syrian descent, within minutes of the alarm being raised.
Three men and three women are in custody.
The attack has heightened fear among Britain’s Jewish community.
Police said they were patrolling places of worship across the city “with a particular focus on providing a high-visibility presence within our Jewish communities”.
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The attack on Heaton Park Hebrew Congregation Synagogue in north Manchester was one of the worst antisemitic incidents in Europe since the October 7, 2023, attack in Israel led by Palestinian Islamist group Hamas.
The Hamas attack resulted in the deaths of 1,219 people, mostly civilians, according to an AFP tally of Israeli official figures.
Israel’s retaliatory offensive on the Gaza Strip has killed at least 66,288 Palestinians, also mostly civilians, according to health ministry figures in the occupied territory that the United Nations considers reliable.
The Gaza conflict has inflamed passions in Britain, with frequent pro-Palestinian rallies in cities that some critics allege have stoked antisemitism.
A “global movement for Gaza UK” protest went ahead in London late on Thursday, with police making 40 arrests.
London’s Metropolitan Police asked organisers delay another planned demonstration backing the banned Palestine Action group later on Saturday.
However, organisers Defend Our Juries rejected the calls.
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A spokesman said the group “stood in solidarity” with the Jewish community over the attack.
– Accidental shooting –
Starmer urged protesters not to join the pro-Palestinian rally.
“I urge anyone thinking about protesting this weekend to recognise and respect the grief of British Jews. This is a moment of mourning. It is not a time to stoke tension and cause further pain,” he said on X.
During the attack, Shamie was seen “with a big knife, banging his knife into the glass, trying to get through”, synagogue chairman of trustees Alan Levy, who helped barricade the doors, told ITV News.
“The heroes of the congregation who saw what was happening then came to the doors because he was trying to break the doors down to get in,” he added.
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A UK police watchdog, meanwhile, said it would look at the police shooting of Shamie.
The probe would also look at the shooting of a second victim who suffered a fatal gunshot and a third person who was shot but survived.
The Independent Office for Police Conduct (IOPC) said there was no evidence anyone other than police used firearms at the scene.
“Our independent investigation will look at the circumstances surrounding the fatal police shooting of Jihad Al-Shamie,” it said in a statement.
“A post mortem has today (Friday) concluded another man who died at the scene suffered a fatal gunshot wound.”
IOPC investigations are standard practice in situations where the use of force by police may have resulted in the death of a member of the public.
News
Edo Inaugurates Committee On Drug Abuse, Healthy Living
Edo State Government has inaugurated Drug Control Committee for the state and local governments, aimed at curbing the menace of drug abuse in the state.
Inaugurating the committee, Governor Monday Okpehbolo said the committee was not only saddled with the responsibility of curbing the menace of illicit substances, but to promote healthier living across communities in the state.
Represented by his deputy, Hon. Dennis Idahosa, Okpebholo described the initiative as “a vital step in our unwavering commitment to stopping the menace of drug trafficking and substance use among youths.”
The governor, who bemoaned the rising tide of drug dependency and its impact on society, pointed out that the committee’s creation aligns with the national drug master plan and represents a bold stride toward protecting Edo future generations.
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On his part, Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig. Gen. Buba Marwa, represented by ACGN, Fidelis Cocodia, Zonal Commander, Zone 13, emphasised grassroots interventions, awareness campaigns, and support systems as the backbone of the fight against drug abuse.
Edo State commander of the NDLEA, Mitchell Ofoyeju disclosed that while national drug use prevalence stands at 14.4 percent, Edo state surpasses the average at 15 percent.
He noted that the state is one of the hardest-hit states in the country, warning that the trend has fueled crime and heightened youth vulnerability.
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The state’s Commissioner for Health, Dr. Cyril Oshiomhole pledged to make Edo a model in drug control through rehabilitation, youth enlightenment, and second-chance opportunities for recovering addicts.
Coordinator, Office of the First Lady, Edo State, Mrs. Edesili Okpebholo Anani, described drug abuse as a pandemic, noting that “you hardly see a crime without drugs being involved.”
She added that women’s empathy and influence must be harnessed in the campaign against drug abuse.
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