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Court discharges man accused of burning father’s house in Abuja

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Court discharges man accused of burning father’s house in Abuja

A Chief Magistrates’ Court in Bassa, Abuja, on Friday discharged a 28-year-old man, Hamza Azizz, who was accused of setting his father’s house on fire in Bassa Village.

The Chief Magistrate, Abdulrazaq Eneye, released the defendant after he had spent three weeks at the Kuje Correctional Center.

Eneye also ordered Azizz to undergo counselling and warned him against committing similar offences in the future.

“The court can now discharge you into society after assessing your mental state through the correctional center,” the magistrate ruled.

Azizz expressed remorse for his actions, pleaded for leniency, and vowed to stay away from drugs.

The prosecution counsel, Mr  A. Aliyu, told the court that the defendant had poured kerosene on his father’s body before also dousing the house with kerosene and setting it ablaze.

The father later reported the incident to the police in Bassa Village.

Azizz was charged with mischief and criminal intimidation, offences that contravene Sections 327 and 397 of the Penal Code.

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Judiciary

Nnamdi Kanu apologises over attacks on judge, others

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Nnamdi Kanu apologises over attacks on judge, others

Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Friday, tendered an apology over his recent attacks on the Federal High Court and Justice Binta Nyako.

Kanu, through his new counsel and former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi, SAN, also apologised to the Federal Government’s lawyer, Chief Awomolo, SAN.

The IPOB leader equally apologised to his team of lawyers earlier led by Aloy Ejimakor for also attacking them while before Justice Nyako.

Kanu tendered the apology through his lead counsel, Chief Agabi, before Justice James Omotosho, the new trial judge.

Upon resumed trial, Agabi sought the court’s permission to deliver a message on Kanu’s behalf.

He said he had already discussed the development with the lawyer to the prosecution and Justice Omotosho granted the application.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had fixed March 21 for the trial of Kanu.

The judge fixed the date after the case file was transferred to him.

Kanu, who was brought back to the country in June 2021 from Kenya, was expected to take his plea as the case begins afresh (de novo).

NAN reports that the Chief Judge (CJ) of FHC, Justice John Tsoho, had, in a letter dated March 4 and addressed to Kanu’s lead counsel, Mr Aloy Ejimakor, communicated the re-assignment of the case from Justice Binta Nyako to Justice Omotosho.

The re-assignment followed the demand by Kanu and his team of lawyers for the transfer of the seven-count terrorism charge to another judge, after alleging bias.

Justice Nyako, on Sept. 24, 2024, withdrew from the case and sent the case file to the CJ of FHC for re-assignment.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

However, the CJ sent Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.

But Kanu and Ejimakor, on Feb. 10, insisted that Justice Nyako no longer had jurisdiction to preside over the case after her recusal (withdrawal) from the matter, prompting the judge to adjourned the case indefinitely (sine die).

NAN reports that Justice Ahmed Mohammed (who has been elevated to Appeal Court) and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

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Supreme Court nullifies Rivers LG elections

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Supreme Court

The Supreme Court on Friday, nullified the Local Government election in Rivers State, which was conducted on Oct. 5, 2024.

A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.

Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.

Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.

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Supreme Court dismisses Fubara’s suit seeking to remove 27 pro-Wike lawmakers

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Supreme Court

The Supreme Court on Monday dismissed the suit by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on ground of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

Justice Uwani Aba-Aji delivered the judgment following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali, SAN.

Fubara in the notice for withdrawal of the case simply informed a three-man panel of justices of the court that events have overtaken his suit and that the lawmakers are their friends.

The request for the withdrawal of the contentious suit was not opposed by the Rivers States House of Assembly and its Speaker, Martin Amaewhule who were represented by Chief Wole Olanipekun, SAN.

Olanipekun, however, demanded for outright dismissal of the suit on the premise that parties have filed and exchanged their brief of arguments and thus, joined issues with each other.

He argued that the proper order to be made in the circumstances is the dismissal of the case which the court agreed with.

Following no objections from parties, the apex court dismissed it and awarded two million each against Fubara to be paid to the House of Assembly and Amaewhule.

Addressing newsmen shortly after the dismissal of the suit, Ken Njemanze, SAN said that the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully.

Njemanze said that all steps taken by Fubara in the absence of the 27 lawmakers, including presentation of the 2024 and 2025 budgets to only four lawmakers among others, have become a nullity.

The Court of Appeal had on October 10, 2024 dismissed Fubara’s an appeal on the same matter.

The Federal High Court in Abuja

presided over by Justice James Omotosho on January 22, 2024, also nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.

The court had described the bill’s passage by the four lawmakers, led by Hon. Ehie Edison, as an aberration and illegality.

It consequently ordered Fubara to re-present the budget to the Martins Amaewhule-led Assembly.

The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike filed the suit which got the blessings of the lower court.

Listed as defendants of the suit marked FHC/ABJ/CS/1613/2023 are the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly.

Others include Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police(IGP).

Justice Omotosho had while ruling on an ex-parte motion by the 27 legislators issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from carrying out their constitutional duties.

He also restrained the governor from removing/redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.

The governor had also prevented the pro-Wike legislators from sitting by demolishing a part of the Assembly complex and withholding funds for legislative functions.

Delivering judgment, Justice Omotosho had held that the four lawmakers’ passage of the budget and other actions taken while the 30 November 2023 order subsisted amounted to a nullity.

He said the governor acted like a tyrant in the manner the Assembly complex was partially demolished and funds for legislative activities withheld.

The judge had issued an order restraining Fubara from frustrating the Assembly-led by Hon. Amaewhule from sitting or interfering in its activities.

He also described as unlawful, Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on separation of power.

The judge ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.

Apart from also asking Fubara to promptly release all monies standing to the credit of the Assembly, he also ordered the Inspector General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The judge had also barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the Legislature.

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