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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…

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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 Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and he is the Vice Chairman of 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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Osun LG Caretaker Appointees: Court Overrule Gov Oyetola

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An Osun State High Court sitting in Osogbo has dismissed the preliminary objection raised by the State Governor, Adegboyega Oyetola in the suit filed by the Peoples Democratic Party (PDP).

Osun PDP had filed a suit challenging the legality of the State government appointing caretaker committee members instead of organising a local government election.

The Osun PDP held that conducting a local government election would afford other political parties the opportunity to participate in the political process.

Read Also: US Supreme Court Grants American President Leaves To Reverse Immigration Policy

Led by Adebayo Alade, its lead counsel in suit number Hos/M.39/2021 instituted by the PDP against the governor and 74 others on the constitutionality of the caretaker committee, Justice Ayo Oyebiyi dismissed Oyetola’s objection.

The PDP, which argued that the appointment of the local government caretaker committee was in flagrant violation of the Constitution of the Federal Republic of Nigeria, added that such must not be allowed to stand.

The PDP as part of its prayer demanded that the court declare the appointment of the caretaker committee members as illegal and that those appointed should refund all the salaries and other financial entitlements they have taken from the local government purse.

The matter was adjourned for hearing on the substantive suit on September 23, 2022.

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CRIME

N109.4bn Laundering: Court Revokes Usman Bail As AGF Frustrate Plea Bargains Arrangements

EFCC’s lawyer, Jacobs, SAN, told the court that the former AGF and his co-defendants had through a third party, requested to meet him to negotiate the plea bargain arrangement.

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A High Court of the Federal Capital Territory, FCT, sitting at Maitama, has revoked the bail it earlier granted to Mohammed Usman, who is the third defendant in the 14-count money laundering charge preferred against the former Accountant-General of the Federation, AGF, Ahmed Idris.

EFCC alleged that Usman, who was the Director of the Federation Account, and one Godfrey Olusegun Akindele, in connivance with the erstwhile AGF, diverted public funds to the tune of about N109.4bn, using the account of a company, Gezawa Commodity Market & Exchange Limited, which is the third defendant in the matter.

At the resumption of trial, Justice Adeyemi Ajayi revoked his bail following his failure to arrive at the court room on time.

Usman was absent when the trial Judge entered the courtroom around 9:20am, though his lawyer, Ibrahim Ishaku, SAN, notified the court that he was held up in a gridlock.

Dissatisfied with the excuse, Justice Ajayi revoked the Defendant’s bail and ordered his remand at the Kuje prison.

Also Read: Court Hears Disqualification of Tinubu Over Certificate Forgery September 7

Meanwhile, the court was informed that AGF, Ahmed Idris, has approached the EFCC, for a plea bargain.

EFCC’s lawyer, Jacobs, SAN, told the court that the former AGF and his co-defendants had through a third party, requested to meet him to negotiate the plea bargain arrangement.

However, the counsel that represented the ex-AGF in court yesterday, Mr. Goddy Uche, SAN, insisted that his client and his co-defendants were at the EFCC office for the meeting but declined to go further with the negotiation after they were asked to go to the office of the EFCC chairman.

Uche, SAN, had before the EFCC lawyer revealed that the defendant sought a plea bargain, alleged that the defendants were summoned by the anti-graft agency, a development he said made it impossible for him to discuss the issue of purported confessional statements the prosecution intended to tender in evidence before the court, with his client.

Read Also: Police Arraigns Businesswoman Over Stealing of 99pcs of Iphone

Consequently, following applications by the defence lawyers, led by Uche, SAN, and Ibrahim Ishiaku, SAN, trial Justice Adeyemi Ajayi adjourned further proceedings in the matter till October 4.

A plea bargain in a criminal trial is an arrangement that allows a defendant to plead guilty to a lesser offence in exchange for a more lenient sentence or an agreement for some charges to be dropped.

It enables both the prosecutor and the defendant to avoid a lengthy trial.

 

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Police Drags Notorious Political Thug To Court Over Alleged Murder

Oko-Ilu who is accused of terrorising the Ede community and its environment was arrested in Osogbo in the wee hours of Saturday.

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The Nigeria Police has docked a notorious political thug in Osun State, Hammed Rasheed, known as Oko-Ilu, before a Chief Magistrate Court in the state capital, Oshogbo.

Oko-Ilu who has been on the police wanted list in the state was brought to court before Magistrate Olufemi Ayilara on a nine count charges.

The charges borders on murder, unlawfully killing two persons, disruption of public peace, cultism and others.

He was charged with the death of Hassan Adedeji, one Idowu (A.K.A Delta) and the shooting of one Inspector Gbenga Eke.

The charge sheet brought to court by the Police Prosecutor, Inspector Elisha Olusegun was not read as the Magistrate did not take Oko-Ilu’s plea.

Read Also: Police Drag Ex-Amosun Deputy to Court over Stealing Land Document

The Magistrate, Ayilara, however ordered the Police to duplicate his case file and forwarded the same to Department of Public Prosecution (DPP) for legal advice.

The Chief Magistrate subsequently ordered the remand of Oko-Ilu at the Correctional Center in Ilesha pending the issuance of the legal advice.

Oko-Ilu who is accused of terrorising the Ede community and its environment was arrested in Osogbo in the wee hours of Saturday.

He was arrested in an operation conducted by Police in collaboration with men of the Oodua People’s Congress (OPC).

Oko-Ilu, was being trailed by the security agents for allegedly causing the death of many people in the Ede community.

The case has been adjourned till October 7.

 

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