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Court dismisses forgery allegation against Mbah, fines NYSC N5m

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Supreme Court Affirms Peter Mbah as Enugu Governor

Court dismisses forgery allegation against Mbah, fines NYSC N5m

A Federal High Court sitting in Abuja has dismissed the allegation of forgery against the Enugu State Governor, Peter Mbah.

The court also imposed a fine of N5 million on NYSC for alleging that the corps’ discharge certificate held by Mbah was fake.

Mbah had sued the NYSC and its Director of Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on January 6, 2003.

But the NYSC, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.

Delivering judgment on the matter on Monday, Justice Inyang Ekwo held that the certificate presented to the Independent National Electoral Commission, INEC, by Mbah, was authentic and validly issued by the NYSC.

Read Also: Tribunal Dismisses NYSC Certificate Forgery Case Against Enugu Gov

Ekwo added that the Director-General of the NYSC and the corps, who were defendants in the suit, were guilty of misrepresentation of material facts.

The court said Mbah, midway into his service, sought and, after receiving permission from the NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.

The court held that with the unchallenged evidence of the plaintiff on how the discharge certificate was issued to him in 2003 by NYSC after serving in a law firm in Lagos and the inability of the Corps to come up with counter-evidence, it was crystal clear that the plaintiff served the mandatory one-year service.

Among others, Justice Ekwo held that the onus to prove forgery allegations lies heavily on the NYSC, stating that the organisation failed in that regard.

The court found that Mbah’s evidence was heavier and more believable.

Court dismisses forgery allegation against Mbah, fines NYSC N5m
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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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Judiciary

Man in court for sexually harassing neighbour’s wife

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Security guard docked for allegedly stealing N10m cocoa beans

The police on Thursday arraigned a 42-year-old man, Ogundare Anuoluwapo in Ado-Ekiti for sexually harassing his neighbour’s wife.

Anuoluwapo, whose address was not provided, was charged with sexual harassment before an Ado-Ekiti Chief Magistrates’ Court.

He, however, pleaded not guilty to the charge.

The prosecutor, Sgt. Alice Ojo, told the court that the defendant committed the offence on Dec. 8, 2024 at 5.00p.m in Ado-Ekiti.

Ojo said that the defendant sexually harassed his neighbour’s wife, Mrs Esther Sikiru, by constantly requesting for sexual intercourse from her.

She said that the defendant also threatened the complainant during the sexual overtures.

The prosecutor said that the offence contravened Section 270(1)&(2) of the Criminal Law of Ekiti State, 2021.

She urged the court to adjourn the case to enable her study the file and assemble witnesses.

The defence counsel, Mrs Adunni Olanipekun, urged the court to grant her client bail, promising that he would not jump bail.

The Chief Magistrate, Mr Abayomi Adeosun, granted the defendant bail in the sum of N50,000 with one surety in like sum.

Adeosun adjourned the case until Feb. 20 for mention.

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