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Presidential Tussle: Atiku’s Appeal Lack Merit – Supreme Court

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The Supreme Court has held that the Peoples Democratic Party (PDP) and its candidate in the last presidential election, Atiku Abubakar failed to prove their claim that INEC had a server and that it transmitted election results electronically.

Justice Inyang Okoro who led the panel of the judges, while giving reasons for dismissing the appeal by the PDP and Atiku, held that they were wrong to have relied on results to get from a website, whose owner they could not establish, to claim to have won the election.

The Peoples Democratic Party (PDP) and its candidate in the last presidential election, Atiku Abubakar are absent in court as the Supreme Court begins the proceedings.

The Supreme Court had, on October 30 dismissed the appeal and promised to give reasons for its decision on a latter date.

When the court opened and the case was called, but no lawyer announced appearance for the petitioners. None of the PDP known faces were in court as against the situation on October 30, 2019 when chieftains of the party flooded the court.

Alex Izinyon (SAN) who represented Buhari, drew the court’s attention to the strange development and noted that it was against the court’s rules for an appellant to stay away from court when a decision is being taken on the appeal.

The court further ‎resolved the 5th issue against the appellant, which relates to the admission of some documents tendered by the respondents to the petition before the lower court.

The judges also held that President Muhammadu Buhari was right not to have submitted his academic credentials to the Independent National Electoral Commission, INEC.

It held that Buhari was eminently qualified to contest the last presidential election.

It said, Buhari did not only show that he has secondary certificate and rose to the rank of Major General in the Army, attended military training, became the nation’s Head of State, could communicate in English and possessed primary school leaving certificate, all to the satisfaction of INEC.

The court upheld the decision of the PEPC on the issues of Buhari’s qualification and possession of relevant certificates.

The Supreme Court proceeded to dismiss the appeal after resolving all the five issues determined against the appellants.

Details shortly…

Top Court News is a product of a dedicated Journalist, owner of I-Wahab Media The Publisher started his Journalism career with Murhi International TV, MiTV in 2003 before working with Radio Nigeria, Lagos Operation, as a Judicial Correspondent. He is presently the Vice Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and occupied same office with Nigeria Union of Journalist, NUJ, Radio Nigeria Chapel. topcourtnewsng.com is out to serve you with informative and educative News in the Judiciary sector. To put an end to the under reported activities of the sector among the three arms of government

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CRIME

Lekki Gardens Defies Court Order, Resumes Construction at Osborne

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Lekki Gardens Estate Ltd and Foreshore Waters Ltd have defied a court order which restrains them from constructing, developing, building or any similar activity in Osborne Foreshore Estate II, Ikoyi, Lagos.

Our Correspondent who visited the Estate this morning reports that Lekki Gardens was seen carrying out construction process thereby obstructing free flow of vehicular movement into the Estate.

An effort made to see a management staff of Lekki Gardens Estate Limited prove abortive as the supervisor on site refused to talk to the media and declined in giving out contact of their head for reaction over the development.

Meanwhile, the Residents Association gave out a letter to our Correspondent which the engineer on site rely on.

In the said letter on the letterhead of Lekki Gardens one project manager, Engineer Kayode Dawodu had instructed all contractors to immediately resume work.

Read Also: https://topcourtnewsng.com/court-stop-lekki-gardens-construction-in-osborne-foreshore-estate/

The letter reads:

“Dear Sirs,
IMMEDIATE RESUMPTION OF WORKS AT OSBORNE FORESHORE ESTATE 2

Above Subject Matter refers.
Kindly note that all contractors are to immediately resume to work by Friday, 23rd July, 2021

We apologize for any inconvenience this may have caused us all. However, we hope that we can fully mobilize to site to proceed at the same pace of work (or even better) than we had before the break.

Thank you all for your support and cooperation

Best Regards!

Engr. Kayode Dawodu
“Project Manager”

Justice Nicholas Oweibo of a Federal High Court in Lagos had restricted the two defendants/applicants from predicating on any approvals granted by the 4th Defendant, (Lagos State Physical Planning Permit Authority) pending the hearing and determination of the motion on notice for interlocutory injunction.

Justice Oweibo made the order following an application by the Registered Trustees of Osborne and Foreshore Residents Association through their counsel Mr Kemi Pinheiro SAN.

The order is the latest episode in the months long dispute between the residents and the association over, among others, alleged violation of the estate’s building plans.

Mr Pinheiro had argued in the suit marked FHC/L/CS/755/2021 that the defendants actions were against the policy of the estate as a residential territory.

The residents prayed the court to halt construction process on the properties situate at Block II Plot 2, Plot 7, Block 7, Plot 5,Block 6, Plot 17, Block 9, Plot 23, Block 9, Plot 17, Block 10, Plots 1A, 1B, 1C, Block 6, Plot 19, Block 6, Plot 12, Block 6, Plot 9A, Block 6, Plot 14, and Block 11, Plot 2.

Others are Signature One on Royal Palm Drive, Signature Two, Le Chateau, Insignia and Foreshore Towers on Acacia Road within the Estate or any other property currently being developed by the Respondents all within Osborne Foreshore Estate II.

He found merit in the application upon reading the affidavit in support of the motion exparte for interim injunction and exhibits attached, sworn to by the Admin Manager of the Osborne Foreshore Phase II, Mrs Ifeoma Maduakor

The defendants in the suit are National Environmental Standards and Regulations Enforcement Agency, Lekki Garden Estate Ltd, Foreshore Waters Ltd and Lagos State Physical Planning Permit Authority.

The defendant failed to appear before the court to defend their position on the last hearing and the judge adjourned till July 26 to appear before it and argues why the interim should not be made permanent.

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Court Declines Application To Forestall Lagos LG Council Poll’s

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Justice Chukwujekwu Aneke, of a Federal High Court sitting in Lagos has declined to make an order of status quo ante that would suspended the upcoming local government elections in the state.

The election is scheduled for Saturday, this week.

Justice Chukwujekwu Aneke gave the ruling after upholding the argument of counsel to the Lagos State Independent Electoral Commission, LASIEC, Mr Kemi Pinheiro, SAN.

The eleven parties are Alliance for Social Democrats; All Grand Alliance Party; Change Advocacy Party; Mega Party of Nigeria; Progressive People’s Alliance; Save Nigeria Congress; We The People’s of Nigeria; Young Democratic Party; Advanced Congress of Democrats and Mass Movement of Nigeria.

Joined as first to third defendants/respondents in the suit numbered FHC/L/CS/569/21 are LASIEC; Lagos Attorney-General and Commissioner for Justice and the Independent National Electoral Commission (INEC)

The plaintiffs’ grouse is that LASIEC allegedly failed to register them for the election.

Read Also: https://topcourtnewsng.com/inec-secures-conviction-against-returning-officer-over-manipulation-of-results/

At today’s proceedings, the African Action Congress (AAC), African Peoples Movement (APM) and BOOT informed the court of their intention to join as plaintiffs.

Responding, Pinheiro prayed the court to adjourn proceedings till after the annual vacation of the court because, among others, the intending parties who said they had filed a notice to join the suit, had yet to serve him and until that was done, the case is not ripe for hearing.

He argued further that the failure of any party to comply with the law guiding the issue of service would rob the court of jurisdiction to entertain the case because service is very fundamental before a case can be properly adjudicated on.

In a counter reaction, the plaintiffs’ counsel, Mr Taiwo Alabi suggested that given the development, it was reasonable that the court should ordered parties to stay action until the determination of the case pending in court.

But Mr. Pinheiro opposed him, while submitting that Alabi’s offer was a trap “which the court must not fall for” adding that the Appeal Court had stated on different occasions that the court should not entertain that type of approach.

Granting his application, Justice Aneke adjourned till November 29 for the hearing of all applications.

He advised the plaintiffs to approach the vacation judge during vacation if need arises.

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CRIME

Dismissed Policemen Sentence To Death Over Aiding Kidnapping

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Dismissed Policemen and others have been sentence to death by the Akwa Ibom State High Court sitting in Ikot Ekpene for kidnapping cattle dealer.

The condemned policemen are Corporals Friday Udo, and Saturday Okorie who have since been dismissed from the Nigeria Police.

Others condemned to death were Walter Udo, Ibiono Ibom and Udo Etim whose house was used to keep the victim hostage, while demanding N100m ransom.

They were sentenced to death for kidnapping an Uyo-based cattle dealer, one Alhaji Muhammed Umar Barkindo.

Also Read: https://topcourtnewsng.com/kidnappers-of-oba-iba-kingdom-gets-death-judgement/

The court presided over by Justice Eno Isangedighi held that the accused were guilty of the offence.

She said, “The prosecution has proved its case beyond reasonable doubts and found the accused guilty of conspiracy and kidnapping of Alhaji Muhammad Umar Barkindo on 25th November, 2011, an offence punishable by death in Section 1 subsection 2 of Akwa Ibom State Internal Security and Enforcement Law 2009”.

Justice Isangedighi prayed to God to have mercy upon the souls of the condemned kidnappers.

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