Law
Laws you cited against Atiku’s live coverage request are outdated, PEPC tells Tinubu
The Presidential Election Petition Court (PEPC) on Thursday in Abuja told Chief Wole Olanipekun SAN, lead counsel to Bola Ahmed Tinubu that he was citing old laws against the request by the Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Abubakar Atiku for live coverage of proceedings of the Court.
Chairman of the Court, Justice Haruna Simon Tsammani drew the attention of Olanipekun to a portion of the Code of Conduct for Judicial Officers being wrongfully cited to justify Tinubu’s opposition to live coverage of proceedings in Atiku’s petition.
At Thursday’s proceedings, Tinubu, APC and INEC had separately kicked against the request by Atiku for live coverage of proceedings of the Court to engender public trust and confidence in the court.
Atiku through his lead counsel, Chief Chris Uche SAN had cited the monumental importance of the petition nationally and internationally to back up his demand for live telecast of the proceedings.
But in his bid to justify his vehement opposition, Olanipekun had cited paragraph 4.6 of the Code of Conduct for Judicial Officers which he claimed prohibited Judicial Officers from broadcasting, televising proceedings during court session
He cited the disputed law following the submissions by Chief Chris Uche SAN, that there was no law or statute barring live telecast of court proceedings at the moment.
As Olanipekun was about to read the portion of the law, Justice Tsammani cut in and told the legal luminary that he was citing a wrong law.
Justice Tsammani told Olanipekun SAN that the portion he was citing to justify his arguments against live coverage had been amended and the portion being cited had been deleted completely.
The Chairman of the Court maintained that the portion being claimed by Chief Olanipekun SAN was no longer in the new Code of Conduct for Judicial Officers.
While making a case for live broadcast of Atiku’s petition, Uche SAN had drawn the attention of the Court to Justice Oputa Panel of Inquiry that was telecast live and hailed all round in the country.
The Senior lawyer said that non of the respondents would be prejudiced if the petition is broadcast live.
Specifically, he said that there was no single law or statute against live broadcast of court proceedings adding that the fact that it has never been done before should not be misconstrued to mean that it cannot be done this time.
The submissions of Uche SAN had drawn thunderous applause from the crowd who for some minutes clapped before the court announced that clapping was not allowed in Courts.
Atiku had approached the Court hearing his case against the outcome of the February 25 presidential polls, for an order allowing live broadcast of the day to day proceedings regarding his petition because of its monumental importance.
Atiku and the PDP in the application specifically prayed the tribunal for “An order Directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom.”
The application filed on their behalf by their team of lawyers led by Chief Chris Uche, SAN, is predicated amongst other grounds that: The matter before the Honourable Court is a dispute over the outcome of the Presidential Election held on 25th February 2023, a matter of national concern and public interest, involving citizens and voters in the 36 States of the Federation and the Federal Capital Territory, Abuja, who voted and participated in the said election; and the International Community as regards the workings of Nigeria’s Electoral Process”.
They contended that being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive.
The Independent National Electoral Commission, INEC, President-elect, Bola Ahmed Tinubu and the All Progressives Congress APC in response kicked against the request of the former Vice President
for live telecast of his petition challenging the declaration of Tinubu as winner of the 2023 presidential election.
In their separate objections, the trio insisted that solemn nature of the court would be put in jeopardy if granted.
Tinubu in his vehement objections raised by Chief Wole Olanipekun SAN on his behalf said that Atiku’s request was not only surprising but dangerous as it was capable of prejudicing the Court itself.
Olanipekun said that the request for live coverage is capable of turning the Court to a football stadium, a crusade ground a theatre or film grounds where all manners of telecast could be permitted.
The Senior lawyer said that the Court should not grant an order that cannot be enforced or supervised, adding that the present moment is not the best time for such a request to be granted.
Lateef Fagbemi SAN who opposed on behalf of APC faulted the request, adding that the facility and policy documents are not there for the application to be granted.
Fagbemi insisted that Atiku did not deserve to be granted the request
The electoral body in its own objections by its counsel, Abubakar Balarabe Mahmoud SAN said that Court room is for serious business and not a market place where anything goes adding that the request for live coverage is unnecessary and uncalled for and should not be granted.
Meanwhile, Chairman of the Court, Justice Haruna Simon Tsammani has reserved ruling on the motion for a later date.
The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State, Yahaya Adoza Bello before a Federal High Court sitting in Abuja.
The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024.
Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.
Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable Court aided E-Traders International Limited to conceal the aggregate sum of N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.
Count 18 of the charges reads: “That you Yahaya Adoza Bello sometime in November 2021 in Abuja within the jurisdiction of this Honourable Court indirectly procured E-Traders international Limited to transfer the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.
“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance on Wednesday, April 17, 2024. The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who ensured that the suspect was spirited away in his official vehicle.
“As a responsible law enforcement agency, the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18, 2024.
“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”
Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.
The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.
The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.
The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024
Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.
The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.
“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”
Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.
in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.
Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.
Justice Obiora Egwuatu at the Federal High Court in Abuja has dismissed a Suit filed by Agunloye in June 2023 to restrain EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project
The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained him, maltreated him in detention.
The antigraft agency also arraigned him before another court and remanded him in prison until the court granted him bail.
The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.
Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”
It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.
With the Agunloye heading to
appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.
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