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Judiciary

Supreme Court Affirms Peter Mbah as Enugu Governor

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Supreme Court Affirms Peter Mbah as Enugu Governor

Supreme Court Affirms Peter Mbah as Enugu Governor

The Supreme Court on Friday affirmed the election of Peter Mbah as the governor of Enugu State.

The apex court, in a unanimous decision delivered by a five-member panel of justices on Friday, dismissed an appeal filed by the Labour Party and its candidate, Chijioke Edeoga, challenging the outcome of the governorship election held on March 18, 2023.

Both the Election Petitions Tribunal and the Appeal Court had upheld the declaration of Mbah as the winner of the March 18th Governorship poll conducted by the Independent National Electoral Commission.

But not satisfied, Edeoga and LP challenged the victory at the Apex court.

The tribunal had on the first ground of the petitioner’s petition which bothered on the non-qualification of Peter Mbah for allegedly forging his National Youth Service Corps discharge certificate, held that “NYSC certificate is not a qualification for anyone who wants to run for the office of the governor of the state as enshrined under section 177 of the 1999 constitution.”

It added, that “the academic qualifications required of any governorship candidate as captured under section 177 (d) is a school certificate which has been interpreted under section 318 of the 1999 constitutions of the Federal Republic of Nigeria 2011 as amended.

“NYSC discharged certificate is not a qualification as captured under the aforementioned section of the constitution and therefore, cannot disqualify any person who has met the constitutional requirements and has been duly elected into the office of the governor of a state,” the court held.

On the preliminary objections raised by the respondents through their counsel on the ground that the Labour Party governorship candidate, Chijioke Jonathan Edoga lacked the locus standi to challenge the election of Peter Mbah not being a member of PDP, the tribunal held that Chijioke Jonathan Edoga has the locus standi having participated in the primary election conducted by the 3rd Respondent (PDP) and was aggrieved by the outcome.

The tribunal also held that a lawsuit on the non-qualification of a candidate in an election can’t be instituted as both a pre-election matter as well as at the tribunal. It consequently dismissed the objection raised by the respondents.

The tribunal had earlier, stuck out the testimonies of the petitioner’s witness who was the NYSC’s director of certification, Abdullah Mohammed who testified against the the 2nd respondent, Peter Mbah.

The testimonies of PW 2, 3, 4, and 26 who were star witnesses of the petitioners on the ground that their respective witnesses’ deposition on oath were not filed within 21 days as provided for under the constitution as well as the Electoral Act.

The Tribunal relied on the decision of the Presidential Election Petition Court decision which was recently decided in the case of Peter Gregory Obi V INEC and Anor and held that their testimonies held no water as they were not competent to testify in the tribunal having not complied with the provisions of the relevant laws.

Dismissing the first ground of the petition, the tribunal held that section 182 (1) (j) of the 1999 constitution of the Federal Republic of Nigeria which provides for the disqualification of a governorship candidate who has submitted a forged certificate to INEC should not be read in isolation but should be read in conjunction with section 177 of the 1999 constitution of the Federal Republic of Nigeria which provides for the qualifications.

On ground two of the petition which deals with whether or not Peter Mbah was validly elected having not scored the highest number of votes, the court held that the petitioners’ witnesses were not competent before the tribunal having not complied with the provisions of the Electoral Act which mandated that political parties should submit the names, addresses and two passport photographs of the party agents to INEC.

According to the tribunal, none of the witnesses complied with this provision of the law and therefore are incompetent to testify. Their witness’s deposition on oath as well as their oral evidence were expunged from the record of the tribunal.

Consequently, the tribunal resolved the second ground in favour of the respondents.

Some of the witnesses’ testimonies like that of Casimir Agbo who is the Labour Party state chairman were held as hearsay evidence and were discountenanced by the tribunal for lacking in merit.

On the third ground of the petition which bothered non-compliance with the electoral act provisions, manifest corruption, over-voting, and incorrect computation of the results of the candidates in some polling units in Igbo Eze North, Udenu, Enugu East, and Nkanu East Local Government areas, the tribunal held that some petitioners’ witnesses did not sign the result sheets emanating from these polling units and therefore, incompetent to testify before the tribunal.

Subsequently, their testimonies were discountenanced and marked rejected.

However, at a polling unit in Amagu Ugbawka Nkanu East local government area, the court held that the petitioners’ witness proved over-voting and therefore, the result obtained from those polling units were cancelled and deducted from the total number of votes garnered by the two contending candidates, Chijioke Edeoga and Peter Mbah.

This deduction reduced the votes of Peter Mbah to 160, 567 from 160, 844 and that of Edeoga was reduced to 157, 555.

Supreme Court Affirms Peter Mbah as Enugu Governor
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Crime

Trader bags 9 months jail term for attempted theft

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Trader bags 9 months jail term for attempted theft

A Jos Magistrates’ Court on Monday sentenced a 20-year-old trader, Darwang Chung, to nine months in prison for attempted theft.

Chung, who resides at Gyel in Jos South, pleaded guilty to the one count charge of attempted theft.

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

Bokkos, in his judgement, gave the convict an option of N30,000 fine, or to risk six months in prison and a compensation of N15,000 or another 3 months in prison in default.

Earlier, the Prosecutor, Insp. Labaran Ahmed, told the court that the case was reported on Oct. 6, at the”B” Division Police Station by one Yohanna Dalyop, the complainant.

Ahmed said the convict jumped over the fence into the house of the complainant and was caught.

He said that the offence contravened the Plateau State Penal Code Law.

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Judiciary

Alleged Procurement Fraud: Emefiele’s coys got preferential treatment – witness tells court

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prosecution witness, Mr Stephen Gana, on Monday told an Abuja High Court that two companies belonging to former Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele got preferential treatments in vehicle procurement contracts bidding.

The witness, made this known while testifying in the case of alleged procurement fraud preferred against Emefiele  by the Economic and Financial Crimes Commission (EFCC).

Gana who is the Prosecution Witness (PW10), was the former Head of Procurement Department.

The witness led in evidence by the prosecution counsel, Rotimi Oyedepo, SAN confirmed that he was in office when  contracts for vehicles contained in Exhibits F4 to F45, were approved.

The witness told the court that Toyota vehicles obtained at the cost of N99,900,000 was acquired by the CBN from April ”1616” Company Ltd through direct procurement .

Referring to Exhibit F5, Gana said two Toyota hilux were obtained at the cost of N23,100,000 each through selective bidding.

He said April 1616 company, was awarded the contract having placed the lowest bid and aligning with the CBN’s in-house estimate of the same sum.

Earlier, the witness had testified that at the CBN, contracts could be awarded through direct procurement or selective bidding.

He added, depending on the guidance of the Director of procurement department who works in team with the Deputy Director, the Head of Procurement(himself) and the procurement officer.

After his testimony, the prosecution counsel prayed the court to grant him an adjournment different from the earlier date of Oct. 22.

“I am appearing in a case filed by Kogi and 15 other states against the EFCC in the Supreme court on Tuesday,” he told the court.

The defence counsel, Matthew Burkaa, however, did not object to the prayer but pointed out that cost of movement was high now and such be considered.

Justice Hamza Muazu then adjourned the matter until Nov 13, for continuation and hearing of the application.

Earlier, the defence counsel, Burkaa, had opposed the prosecution’s amended additional proof of evidence served on them.

Burkaa challenged the process and manifestation of intent to call two witnesses who were not listed earlier.

He said the defence was not challenging the charge but bringing in of new witnesses to testify.

NAN reports that Emefiele was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023.

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Judiciary

Akinlade faults irregular dressing to court by law students externs

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Akinlade faults irregular dressing to court by law students externs

The Convener of the Duty Solicitors Network (DSN), Mr Bayo Akinlade, has urged legal practitioners to collaborate in educating law school externs on the proper dress code for court.

Akinlade spoke with the News Agency of Nigeria (NAN) on Monday regarding dress codes observed by some law school externs on court attachment.

NAN reports that students of Nigerian Law School have commenced their externship or court attachment, which is expected to run through several weeks.

These externships are compulsory for every law student before the bar final examinations.

According to him, some of these externs appear confused and have visibly drifted away from the acceptable mode of dressing provided by legal profession ethics.

Consequently, he called on legal practitioners to make it a duty to guide these externs on the proper dress code to court.

“When some lawyers dress inappropriately to court, I do my best to let them know as it reflects on their level of appreciation for ethics in this noble profession.

“For externs; it is sad to see some male externs wearing waistcoats without jackets or just plain whites with a black tie without jackets.

“The same goes for the female externs who wear a white blouse without a jacket.

“My concerns have been escalated several times to the law school which has consistently reiterated that the externs are required to wear a black jacket during their externship.

“It is unfortunate to still see some externs not properly dressed to court despite instructions from the law school,” he said.

He, therefore, urged senior lawyers, to join hands in leading the young law students on the right path, to preserve the ethics of legal practice.

“I would like to implore lawyers in practice to please correct improper dressings by externs and even colleagues and to ensure that even during chamber attachments, these externs wear the proper combination of attires.

“Until we are permitted or agree to wear our traditional cultural attire to court, the suit remains the standard,” he said.

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