News

Enugu Guber: Tribunal Orders Substituted Service On REC Over BVAS Machines

Published

10 months ago

July 15, 2023

Editor

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.

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.

“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.

“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

Police Reacts To Trending Video Of Woman Feeding Baby Alcohol,Vow To Fish Out Mother [WATCH]

Published

1 hour ago

May 15, 2024

Editor

The spokesperson of the Nigeria Police Force, ACP Olumuyiwa Adejobi, has stated that the police will fish out a nursing mum filmed feeding her baby alcohol.

The disturbing video showed the woman who spoke in Yoruba, hailing her baby girl as she gulped the alcohol.

Reacting to the video, Adejobi wrote: ‘’Another assignment for us. This is too bad. We will fish her out. Thanks. @PoliceNG”

News

EFCC Arrests 13 Fake BDC Operators In Lagos

Published

4 hours ago

May 14, 2024

Editor

Operatives of the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC, have arrested thirteen fake bureau de change operators in Lagos.

They were arrested for operating BDC without an appropriate licence.

The suspects are: Abdulahi Musa, Garba Abdullahi, Dauda Hussaini, Jubril Musa, Abdulwaheed Iliyasu and Abubakar Mohammed.

Others are: Umar Saidu, Nurudeen AbdulAzeez, Hamidu Usman, Yusuf Isa, Musa Ishaka, Liman Makki and Idris Mohammed.

They were arrested during sting operations by EFCC’s operatives between May 10 and 13, 2024 at different parts of Lagos, following credible intelligence received by the Commission about their illicit business activities.

Also, a suspected currency racketeer, Kafayat Lateef was also arrested over for alleged involvement in the sale of the Naira notes in different denominations.

A sum of N2.1 million was recovered from her at the point of arrest. A statement by EFCC Spokesman, Dele Oyewale, said that the suspects would soon be charged to court as soon as investigations are concluded.

News

Ex-CBN Gov, Emefiele Faces Fresh Charge Over Printing Of Naira Emefiele

Published

7 hours ago

May 14, 2024

Editor

The Economic and Financial Crimes Commission, EFCC, has preferred a fresh charge against the former Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, over an allegation that he illegally printed Naira notes while he held sway at the apex bank.

The anti-graft agency, in the four-count charge it entered before the High Court of the Federal Capital Territory, FCT, Abuja, equally accused the former CBN boss of unlawfully approving the withdrawal of about N124.8billion from the consolidated revenue fund.

According to the EFCC, the defendant, acting in violation of law and “with intent to cause injury to the public,” okayed the printing of naira notes without the approval of both the former President, Muhammadu Buhari and the board of the CBN.

Emefiele, who is already facing multiple charges both in Abuja and Lagos, is expected to take his plea before trial Justice Maryann Anenih.

Specifically, the charge against him, read: “That you Godwin Ifeanyi Emefiele, between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of N375,520,000.00 pieces of colour swapped N1, 000, at the total cost of N11,052, 068,062 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

“That you, Godwin Ifeanyi Emefiele, between the 19th of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 172,000,000 pieces of colour swapped N500 (Five Hundred Naira) Notes, at the total cost of N4, 471,066,040 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

“That you Godwin Ifeanyi Emefiele, between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of 137,070,000 pieces of colour swapped N200 (Two Hundred Naira) Note, at the total cost of N3, 441, 005, 280 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

“That you, Godwin Ifeanyi Emefiele, on or about the 7th day of October 2020, in Abuja, within the jurisdiction of this Honorable Court, knowingly disobeyed the direction of Section 80 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), by approving the withdrawal of the total sum of N124, 860, 227, 865.16 from the Consolidated Revenue Fund of the Federation in a manner not prescribed by the National Assembly, which conduct of yours caused injury to the public and you thereby committed an offence.”

It will be recalled that President Bola Tinubu had on June 9, 2023, suspended Emefiele from office as the head of the apex bank.

He was later arrested at his Lagos residence by DSS operatives.

The former CBN boss was subsequently transferred to the custody of the EFCC, which on November 28, 2023, docked him on a six-count charge that bordered on his alleged involvement in procurement fraud.

Though Emefiele, who initially spent 151 days in custody of security agencies, was later granted bail to the tune of N300million and ordered to produce two sureties that the trial court stressed must be Abuja residents that have landed property within the Maitama District, the defendant could not perfect the conditions till December 23, 2023, when he was released from Kuje prison where he spent about 34 days.