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Cross River Governor Ayade Escapes Sack as Judge Bows to Appeal Court Judgment

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By Derrick Bangura

In submission to the principle of ‘Stare disisis’ Justice Taiwo Taiwo of the Abuja Division of the Federal High Court, on Thursday refused to order the removal of Cross River State Governor, Prof. Ben Ayade and his Deputy, Prof. Ivara Esu from office.

The judge had on March 22, sacked two members of the National Assembly from Cross River State and 18 lawmakers of the State House of Assembly for dumping the Peoples Democratic Party (PDP) that brought them to power in 2019.
Justice Taiwo had on March 25, adjourned to April 6, to deliver his judgment in the suit seeking the sack of Ayade and his deputy due to their defection from the PDP to the All Progressives Congress (APC), last year.

However, when the matter came up Wednesday, the judge asked lawyers to parties in the suit to address him on the propriety of going ahead with his judgment in the light of a Court of Appeal judgment that held that a governor cannot be sacked on account of defection from one political party to another.
After taking submissions from counsel, Justice Taiwo had announced that judgment would be delivered Thursday.

Delivering judgment, the judge agreed with the submission of Chief Mike Ozekhome, counsel to Ayade and his deputy, on the need to abide by the judgment of a Court of Appeal, Enugu Division, which held that a court lacks powers to remove a sitting governor who defects because the constitution has yet to make it an offence.
Justice Taiwo held that governors and their deputies could only be removed from office in line with sections 180, 188 and 189 of the constitution which stipulated that elective office holders could only be removed from office on account of death, resignation or impeachment.

He said since defection was not one of the constitutional provisions to remove any governor, no court has power to insert such into it.
While agreeing that defection was immoral, improper and condemnable, the judge however, held that judicial precedents of a higher court must be followed by a lower court and applied in similar matters so as to avoid judicial rascality and anarchy.

The court held that although parties and facts in the matter that led to Court of Appeal’s new decision are fundamentally different from those before it except on defection alone, the application of judicial precedent must be followed and in fact, binding on lower courts.

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Commission, journalists partner to revamp water sector in Kaduna

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The Kaduna State Water Services Regulatory Commission (KADWREC) says it is partnering media practitioners towards revamping water services in the state.

Mr Dogara Bashir, the Executive Chairman of KADWREC, disclosed this on Monday at a one-day workshop organised for media practitioners on regulation of ‘Water, Sanitation and Hygiene’ (WASH) activities held in Kaduna.

Bashir said the commission was aware of the importance of the role media practitioners played in the society.

He stated that the workshop was to provide an avenue to liaise with them as important stakeholders on water supply and sanitation services in the state.

Bashir said: “As media practitioners, we believe you are a gateway to the citizens so, the workshop would acquaint you with some of the regulations already in place so that you can in turn transmit it to the public

“The state of water services in Kaduna State is in dire need of attention and the State Water Corporation and KADWREC were established towards addressing the seeming challenges.

“The commission is mandated to ensure better service delivery and regulation of water and sanitation services in the State.

“The idea is that once the regulations are developed, we send them to the State Ministry of Justice to gazette and then we get the state government to endorse and give the go ahead to commence the implementation of the regulations

“We intend to implement them fully come January, 2025 God willing, as we have embarked on advocacy activities having gone to zones 1 and 2 where we talked to traditional rulers, security agencies and the Judiciary.”

He disclosed that a special Court has already been attached to the commission by the Chief Judge of the State for service providers who may likely violate regulations.

The chairman further said that amongst the commission’s objectives include ensuring security, reliability and quality of service in the production and delivery of water to the consumers as well making regulations to control the sinking of boreholes.

Others included; maximising access to water services by promoting and facilitating consumer connections to distribution systems in urban and rural areas.

According to Bashir, they also include ensuring that regulatory decision-making has regards to all the relevant health, safety, environmental and social legislation applying to the water sector.

Bashir further said that the commission collaborate with the relevant state and federal agencies on water policies.

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Crime

2 ladies docked for allegedly obtaining money by fraud

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The police in Lagos have dragged two women, Mmesuma Ofunna, and Blessing Adimekwe, before an Ojo Magistrates’ Court in Lagos, over alleged obtaining money by false pretence.

Ofunna, 22, and Adimekwe, 25, were arraigned before the Magistrate, Mr L K J Layeni, on a four-count charge bordering on conspiracy, obtaining by false pretence, stealing and conduct likely to breach peace.

They each, however, pleaded not guilty to the charge.

The prosecutor, ASP Simon Uche, told the court that the defendants conspired with others now at large, to commit the offence on Oct. 26 at the Okokomaiko area of Ojo.

He alleged that they had obtained the sum of N70, 000 from one Faith Ahamefule, with a promise not to post her nude photo on social media.

The prosecutor alleged that the defendants later posted the nude photo of the nominal complainant on social media, knowing that their promise was false.

He alleged that they stole the N70, 0000, thereby conducting themselves in a manner likely to breach public peace.

The offence contravenes the provisions of sections 168(d), 287, 314, and 411 of the Criminal Law of Lagos State 2015.

The court granted the defendants bails in the sum of N500, 000 each, with two sureties each in like sum.

He adjourned the case until Jan. 8, 2025 for mention.

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Driver jailed 6 months for attempting to steal a car

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A Jos Magistrates’ Court on Monday, sentenced a 37-year-old driver, Ahmad Umar to six months in imprisonment for attempting to steal a car.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N30, 000 fine or spend six months in prison.

Earlier, the Prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported on Oct. 10, at the Area Command Police station through a distress call by one Sydney Peacemorie the complainant.

Gokwat said the complainant parked his Toyota RAV4 in front of Access Bank and went inside to carry out some transactions, only to return to find the convict inside his car.

“The convict unlawfully opened the car and was in the driver’s seat when the complainant raised alarm and he was apprehended, but his accomplice escaped.

“The convict was severely beaten by a mob but was rescued by the police,” said Gokwat.

“The prosecutor said that the offence contravened the Plateau Penal Code Law.

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