Month: July 2023

A Federal High Court, Abuja, on Tuesday, ordered the Independent National Electoral Commission (INEC) to publish the name of Mr Hassan Abdullahi as the New Nigerian Peoples Party (NNPP)’s bonafide candidate for the Kogi governorship election on Nov. 11.

Delivering judgment, Justice James Omotosho, held that having scored the highest lawful votes in the April 16 primary poll conducted by the party and monitored by INEC, Abdullahi’s name ought to have been uploaded and published in the list of candidates for the November election on the commission’s portal.

Justice Omotosho held that the substitution of Abdullahi’s name with the name of Mr Musa Mubarak contravened Sections 84(1) and 84(5)(b) (I) and (ii) of the Electoral Act, 2022, as well as Article 34 of the Constitution of NNPP, including the guidelines for conduct of primaries for nomination of candidates for off-season gubernatorial elections.

He further held that any other primary election conducted outside the April 16 poll was unlawful and unconstitutional.

The judge, who dismissed the preliminary objection of the 1st and 2nd defendants, said that the suit was not statute barred, having been filed within 14 days as provided by the law.

The News Agency of Nigeria (NAN) reports that Abdullahi, through his lawyer, Mustapha Ibrahim, SAN, had sued the NNPP, Musa Salihu Mubarak and INEC as 1st to 3rd defendants in the suit marked: FHC/ABJ/CS/651/2023.

In the originating summons dated May 9 but filed May 11, Abdullahi sought an order mandating the NNPP to withdraw Mubarak’s name and resubmit his name to INEC as its governorship candidate for the forthcoming poll.

He also sought an order compelling INEC to remove Mubarak’s name as NNPP’s candidate from its portal and restore his name as the valid candidate of the party.

The plaintiff equally sought an order of perpetual injunction restraining INEC and its staff from publishing Mubarak’s name as NNPP candidate for the November poll in the list of candidates on its portal, among other reliefs.

The judge granted all the reliefs sought.

Meanwhile speaking to newsmen shortly after the judgment, Abdullahi, who felt elated, said “justice has finally taken its course.”

“The only place for an ordinary man is the court. We have approached the court and the court has granted all our reliefs. So I am very happy,” he said.

Abdullahi said his next step was to see how to reconcile all aggrieved members with a view to winning the Nov. 11 poll.

Source: News Agency of Nigeria

The Federal High Court in Abuja, on Tuesday, dismissed a case filed by Abubakar Achimugu against the All Progressives Congress (APC), its governorship candidate in Kogi State, Usman Ododo, Ozigi Deedat and INEC for lacking in merit.

Justice Obiora Egwuatu who delivered the judgement in the suit marked “FHC/CS/585/2023: Achimugu v. APC & 3 Ors”, said the cause of action, which arose on April 14, 2023, was not statute barred, but that the Plaintiff’s case was bereft of merit.

The court also affirmed Ododo as the lawful candidate of APC in Kogi having validly resigned his appointment from Kogi civil service before contesting the primary election.

Achimugu also of APC anchored his suit on the grounds that Ododo, as at the time he contested the primary election to fly the flag of APC in the Nov. 11 election in Kogi, were still public servants in the state civil service.

In the judgment, Justice Egwuatu held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary.

The judge said that exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9.

“I have examined the letters of resignation filed by the defendants, they were addressed to the Kogi governor and were duly received and signed.

“A resignation letter becomes effective once it is received and accepted by the relevant authority. It is not when the authority replies the letter that it becomes effective.”

The judge held that where a letter of resignation has been received and duly signed, it takes effect and the employee would not be held responsible if the employer continues with the payment of salary.

The court said it was convinced that the defendant resigned his appointments as Auditor-General for Local Governments and Deedat as Commissioner for Local Governments respectively before contesting the primary election.

“I am satisfied that they resigned their appointments from Kogi government on March 8 and 9 respectively more than 30 days before the April 14 primary election.

“I hold that this suit is bereft of any merit and accordingly dismissed,” the judge said.

Earlier, the court dismissed the preliminary objection of the defendants claiming that the suit was statute barred having not filed it within 14 days as required by law.

The judge agreed with the plaintiff that the cause of action actually occurred on April 14, when Ododo and Deedat contested the primary and not when they purchased the expression of interest and nomination form.

The News Agency of Nigeria, (NAN) reports that the Independent National Electoral Commission, (INEC) had on April 15, declared Ododo winner of APC primary election to elect a candidate for the party’s for the Nov.11 governorship election in the state.

Miffed by this, Achimugu approached the court asking that the primary election be nullified and Ododo be disqualified from contesting the governorship election on grounds that he was still an employee of the Kogi government when he contested.

The plaintiff in the suit marked: FHC/ABJ/CS/584/2023, claimed that Ododo breached Section 182 of the Constitution, Section 84 of the Electoral Act, 2022, and Article 7 of the APC’s Constitution in participating in the April 14 governorship primary of the APC.

Achimugu argued that Ododo’s failure to resign his appointment with the Kogi government, 30 days to the primary, made him ineligible for the Nov. 11guber poll.

Listed in the suit as defendants were the APC, Ododo, Deedat and INEC as 1st, 2nd, 3rd and 4th defendants.

Amongst the issues brought before the court for determination was whether Ododo was eligible to participate in the governorship election slated for Nov. 11.

This was in view of the fact that both at the time of submitting their nomination and expression of interest forms, were still civil/ public servants and employees of Kogi government.

This they said was contrary to the provisions of Section 182 (2), Section 84 (10) and (11) of the Electoral Act, 2022 Guidelines for the nomination of candidates.

The plaintiff said that if the answer was in the affirmative, the court should amongst others declare that Ododo and Deedat were not qualified or eligible to have participated in the primary election.

This was on the grounds of being persons both employed in public service of Kogi, having failed and neglected to resign, withdraw or retire from employment at least 30 days to the April 14 when the primary election was conducted.

“An order of perpetual injunction restraining Ododo from parading himself as gubernatorial candidate of the APC.

“An order restraining APC and INEC from dealing with Ododo as the governorship candidate of the APC.

“In the event Ododo was declared winner of the Nov.11 gubernatorial election before the case was fully determined, the certificate of return issued to him by INEC should be withdrawn.”

Mr Josiah Daniel-Ebune, counsel to Achimugu, told newsmen after the court proceedings that he would brief his client on the judgment to know the next line of action.

APC was represented by Abdulwahab Muhammed SAN; Ododo was represented by M.Y. Abdullahi SAN, and INEC, by AA Adeniyi SAN.(NAN) www.nannews.ng

Source: News Agency of Nigeria

The Executive Director, Prisoners Rehabilitation and Welfare Action (PRAWA), Dr Uju Agomoh has again called for joint efforts to decongest custodial centres in the country.

Agomoh made the call at a news briefing and strategy session on setting agenda for Administration of Justice and Corrections Reform in Nigeria, on Monday in Abuja.

The PRAWA boss stressed the need for Strategies to promote effective reformation, rehabilitation and reintegration of inmates and ex-offenders.

She said that it was time to use provisions of the law such as quick justice for pre-trial inmates to decongest the facilities.

According to Agomoh, frequent transfer of judicial and prosecuting police officers leads to stalling of cases.

“We recommended that the legislature hastens amendment of criminal laws and decriminalisation and declassification of minor and petty offences in Nigerian Laws,” she said.

Agomoh called on the media and CSOs to be credible watch dogs in ensuring proper and timely implementation of the recommendations.

Mr Ibikunle Bamidele of Legal Aid Council, said journalists needed to always reach out to development partners and NGOs for factual information on issues that concerned inmates.

Also, Deputy Director Public Prosecution, Federal Ministry of Justice, Yusuf Abdulkadir assured that the Federal Government would streamline the suggestions by stakeholders into its policies. (NAN) (www.nannews.ng)

Source: News Agency of Nigeria

The Namibian Police Force in the Erongo Region, have released the names of the two men who died in a helicopter crash at Swakopmund on Monday afternoon.

The deceased have been identified as 54-year-old Jacques Jacobs, who was the Chief Pilot and Pilot Instructor from the Swakopmund Flying School and 29-year-old Dirk von Weidts from the Namibian Base Aviation Company in Swakopmund.

According to Erongo Community Policing Commander Inspector Ileni Shapumba in an update report issued on Tuesday, the accident scene was attended and possible observations and investigations were done by the detectives including aviators from the Ministry of Works and Transport.

Shapumba said the two died while they were test flying the helicopter, after fixing it.

‘The helicopter fell out of the air and crashed east of the Swakopmund airfield after the pilot lost control of the aircraft,’ Shapumba noted.

The bodies were taken to Walvis Bay Police Mortuary where autopsies will be conducted.

Both deceased persons’ next of kin were traced and informed.

Source: The Namibian Press Agency

The City of Windhoek (CoW) on Tuesday announced that it will as of next week, carry out an exercise to update the Token Identifier on electricity pre-paid metres in some parts of the city.

The areas include Windhoek Blocks/Central Business District (CBD) suburb covering Windhoek West, Windhoek North, Suiderhof, Southern Industry and CBD.

According to a media statement by the City on Tuesday, the exercise will start on 24 July until 15 September this year, noting that the current pre-paid electricity metering Standard Transfer Specification-Five (STS5) token identifier will expire on 24 November 2023 for all meters.

“Customers are therefore, urged to recharge all unused credit tokens purchased before the meter update, as they will no longer be accepted by the meter after the update,” it read.

In the event where no access is granted to the premises or when the client is not available at the premises, a notice will be left at the premises with the contact details for the customer to contact the CoW with 48 hours.

Failure to do so, will lead to the blocking of the pre-paid meters which will only be unblocked after the customer has contacted the City, the statement said.

It added that the TID Rollover officers will be identified by their CoW-branded personal protective equipment (PPE), official identity cards, and branded vehicle with City of Windhoek logo.

If customers have any suspicions about people visiting their premises with regard to the project, customers should reach out to the CoW via 061 290 2242/3777.

Source: The Namibian Press Agency