How Appeal court dismissed Wike’s appeal

How Appeal court dismissed Wike’s appeal

By Evelyn Okakwu

The court of Appeal in Abuja, Monday, dismissed the appeal filed by the River State governor, Nyesom Wike contesting the ruling of the state’s election tribunal which nullified his election on October 24.

Counsel to Mr. Wike, Emanuel Ukala, had filed an appeal, on November 3, requesting the court to set aside the tribunal’s ruling on seven grounds.

In a unanimous judgment, however, a five man panel led by justice. M. B. Dongban-Mensen dismissed all seven grounds of the appeal for lacking in merit.

"Haven dismissed all seven motions of this appeal, I find the appeal lacking in merit, and the appeal hereby dismissed," said Mrs. Dongban-Mensen.

Mrs. Dongban-Mensen further said the decision of the tribunal which nullified Mr. Wike's election is valid and within its jurisdiction.

She frowned at the decision of the Independent National Electoral Commission (INEC) which sought to contest the use of its own card readers, describing the act as dangerous for the nation's electoral process.

Ms. Dongban-Mensen noted that card readers were introduced by INEC to ensure a free and fair election and therefore it was disastrous for the same INEC to negate the principle laid down by its self.

“INEC is not allowed to shift grounds on the elections conducted by it”, the court said.

Mr. Ukala, had in the November 3^rd appeal told the court that tribunal failed to conduct a pre-trial conference after the removal of the first chairman; hence it aired in its judgment.

He also said his client was denied the right to fair hearing.

But the appeal court ruled that: "What happened in this case is not a change of tribunal, but a change of chairman”.

It therefore held that the tribunal’s ruling cannot be questioned on the basis of the involvement of a new chairman.

The appeal court also ruled that Mr. Wike was not denied his right to fair hearing, stressing that the 21 days’ notice given cannot be open to challenge with regards to the ruling of the tribunal

Mrs. Dongban-Mensen therefore ruled that the election conducted in the state in April was null and void and requested INEC to conduct a re-run in 90 days.

Another of Mr. Wike’s counsel, Ifedayo Adedipe, who was at the appeal court told news men after the sittings, that his client will study the ruling of the tribunal upheld by this judgment and proceed to the Supreme Court.

“I can assure you that we will like to have a second opinion in the Supreme Court on the various legal issues raised by the nature of this petition”, he said; referring to the petition by the All progressive Congress (APC) and its governorship candidate, Dakuku Peterside which led to the ruling by the tribunal.

Biafra: 13 IPOB supporters to be arraigned tomorrow

Kanu and his supporters

By Evelyn Okakwu

13 supporters of the Indigenous people of Biafra (IPOB) have approached the Abuja Magistrate court demanding their release from Keffi prison.

The men, led by a certain Agbo Moses were arrested on December 2, by the Nigerian Police Force (NPF) during a protest at the Magistrate Court.

According to the counsel for the 13 men, I. C. Ejiofor, his clients issued the petition, following the courts remand order to the NPF requesting it to arraign them on December 17.

“When the police arrested the 13 men; they approached the Magistrate court for an order to have them remanded in prison.”

“In that order, the Magistrate court asked that they be produced in court on December 17”.

He therefore noted that his clients have issued the petition with reference number, CR/132/2015, to demand their release from prison once they are arraigned.

The 13 IPOB agitators are: Agbo Moses, Oruna Okechukwu,  Ede Uchenna, Ede Emeka, Chidi Ogo, Ani Chukwuemeka,  Ezenwankwo Obumneme,  Chukwunonso Ekwonu,        Anioke Charity,                 Oko Ugochi, Adibe Dorathy,        Aluma Samuel, and Ochor Chigozie.

Biafra: Court 'discharges' Kanu

Nnamdi Kanu

By Sani Tukur and Evelyn Okakwu

A Magistrate Court sitting in Abuja on Wednesday, December 16, discharged the cases against the leader of the Indigenous People Of Biafra Nnamdi Kanu.

At the ruling the chief magistrate, Shuaibu Usman struck out all criminal charges leveled against Kanu.

Mr. Usman said that since the State Security Services (SSS) through its lawyer Moses Idakwo had filed for a discontinuation of the case, the accused is thereby discharged.

Citing section 108 of the Administration of the Criminal Justice Act, he said the case is struck out due emerging facts by the prosecutor on the matter under investigation.

The SSS had On Monday, November 23 filed an application for the discontinuation of the case against Kanu.

Mr. Idakwo had, during his submissions, said the facts emerging from ongoing investigation by his client - the SSS - show that the case against the Biafra agitator cannot be entertained by the magistrate court.

He said that the magistrate court lacked the jurisdiction to handle such case.

Kanu was arrested on October 14 on arriving Lagos, Nigeria from the United Kingdom.

Following his arrest, he was arraigned by the SSS before chief magistrate Usman.

But during the trial process, the SSS obtained an order from the Federal High Court to keep Kanu in their custody for a period of 90 days.

This; the SSS said, will enable it conduct investigation on Kanu following allegations of terrorism and terrorism funding.

But in an objection, Kanu's counsel, Egechukwu Obetta also applied to the same Federal High Court presided by Ademola Adeniyi to revoke the order it had given to the SSS.

He said the prosecutor had fraudulently obtained the order during an ongoing trial of the accused person at the magistrate court.

Adeniyi is expected to rule on the matter on Thursday, December 17.

Kanu has also asked the court to strike out the criminal charge with reference number FHC/ABJ/ CS/873/2015 leveled against him by the SSS.