Law
LP rejects Kano High Court judgment that sacked its elected officials
**Says, it will not lose any sleep over a black market judgement
The leadership of the Labour Party has expressed dismay with the judgement entered against its party by a state high court in Kano that annulled the elections of its party members into various political offices across the 36 states of the federation.
The party through a statement by its acting National Publicity secretary, Obiora Ifoh took exception to the speed with which Justice M. N. Yunusa of Kano High Court discharged its duties as the appearance and judgement in the matter brought before it by suspended members of the party loyal to the former deputy National Chairman, Lamidi Apapa lasted only 48 hours.
The Court in Suit No FHC/KN/CS/107/2023 filed by Mr Ibrahim Haruna Ibrahim against the Labour Party and the Independent National Electoral Commission ruled that the failure of the Labour Party to submit its membership register to the Independent National electoral commission within 30 days before their primaries renders the process invalid.
It also ruled that the party having not complied with the provisions of the electoral act cannot be said to have a candidate in an election and cannot be declared winner of an election.
According to Ifoh, Labour party which is mentioned as a respondent was not aware of any suit against it in Kano state as the party was not served with any summons.
“The former National Legal Adviser Samuel Akingbade Oyelekan has since ceased from being an officer of the party and his appearance for the party is not with any authorization from the leadership of the party’s National Working Committee.
“You will recall that on Wednesday, we raised an alarm that suspended National Legal Adviser Samuel Akingbade Oyelekan, while the Presidential Election Petition Tribunal was sitting in Abuja with all attentions focused on it, clandestinely sneaked out of Abuja to Kano state where he in collaboration with some members of the other political parties asked the court to invalidate all the elections won by the Labour Party, particularly, the national assembly in the 36 states and FCT on the ground that the party didn’t submit register of voters to INEC.
“Akingbade who presented himself as representing the Labour Party, did not oppose the motion, thus forcing the helpless judge to reserve judgement for thursday.
“On hearing the evil agenda of Apapa’s plot, the party directed one of its counsels to appear on its behalf, an attempted that was rejected by the judge, who went ahead to give judgement against the party.
The statement described the judgement as not only inconsequential but also laughable and holds no water. It indicated that the court lacks the jurisdiction to entertain election matters at a time when elections have since been concluded and winners declared.
“The Kano Court is also not a tribunal which has the constitutional powers to entertain pre election matters.”
He explained further that the two respondents in the matter are Labour Party and INEC as no individual is mentioned in the matter and no court can grant any relief that is not sought for.
“So we lose no sleep on the black market judgement as we will soon direct our lawyers to approach the Appeal Court to vacate the ill conceived judgement.
“Labour party has repeatedly raised the alarm of the plots by the opposition parties to ensure that Labour Party is engulfed in crisis.
“Few weeks ago, we alerted Nigerians of plots to hijack the party and by extension, target all our cases in the tribunal. We have since produced evidences of the letters initiated by Akingbade to various tribunals asking for withdrawal of cases before them.
“For the upteempth time, Samuel Akingbade, Lamidi Apapa, Abayomi Arabambi and everyone in that camp have ceased to be representing Labour Party in whatever capacity and this statement serves as a disclaimer on them and for the information of Nigerians.
“Today at the At the FCT state High Court before Justice Hamza Muazu in a matter between Apapa’s group and Abure, the Judge among other things reprimanded Apapa camp for attempting to take over the leadership of the Labour party and constituting themselves into a nuisance.
Meanwhile, the Lamidi Apapa faction of Labour Party (LP) has asked party members to hold the suspended chairman of the party, Julius Abure, for the court judgement sacking Otti and other elected party candidates.
The factional National Publicity Secretary of the party, Abayomi Arabambi, expressed concern that the party is faced with imminent threat of losing its only governor-elect to Abure’s shady practice.
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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