A Federal High Court in Yenagoa, Bayelsa State on Thursday declared that the All Progressives Congress (APC) didn’t follow constitutional guidelines in its primaries hence the party has no candidate for the November 16th election in the state.
The case was presided over Justice Jane Inyang.
One of the APC governorship aspirants, Senator Heineken Lopkobiri had earlier approached the court asking it to declare him, and not David Lyon, the authentic candidate of the APC.
Counsel to Lopkobiri in reaction to Thursday’s court ruling described the judgment as strange. According to him, the judgment delivered was not part of their prayer when they approached the court.
Meanwhile, Lyon’s counsel says the party has begun the process of appealing the court’s judgement.
The court ruling is coming two days to the election.
A Federal High Court sitting in Abuja has granted a N500million bail to a British national, James Nolan, who was found culpable in the controversial contract award to Process and Industrial Development Limited (P&ID).
Mr Nolan and another British national, Adam Quinn, who is still at large were arraigned on a 16 count charge bordering on money laundering.
The defendants were arraigned by the Economic and Financial Crimes Commission (EFCC) on the 21st of October when Mr Nolan pleaded not guilty.
Justice Okon Abang, who delivered ruling on the bail application, also granted Mr Nolan surety for him in the same bail sum, who must be a serving Senator to stand.
The Judge said the serving Senator must not have a criminal case that is pending in any court in the country, and must have landed property that is fully developed in the Maitama district of the Federal Capital Territory (FCT).
The court ordered Mr Nolan to surrender all his international passports.
Justice Ijeoma Ojukwu of the Federal High Court has adjourned the trial of Omoyele Sowore to the 5th and 6th of December, 2019.
The adjournment is occasioned by the objections raised by Counsel to Sowore, Mr Femi Falana to the effect that the defense team was never served with the witness statement that the prosecution is relying on to proceed with the trial.
The human rights advocate insists that there is a deliberate attempt on the part of the prosecution to ambush the defense team.
The Senate President referred the executive communications to the Committee on Judiciary and Legal Matters and report back to the lawmakers in a week.
Meanwhile, President Buhari in another letter requested the confirmation of the appointment of three persons as Resident Electoral Commissioners of the Independent National Electoral Commission (INEC).
Senator Lawan also referred the executive communication to the Committee on INEC to report in a week.
Thereafter, a total of 11 bills were read for the first time on the floor of the chamber.
They are the National Commission for the Eradication of Child Destitution Bill, Regional Centre for Oral Health Research and Training Initiatives Bill, Federal College of Education, Sabon Birini Bill, and Tertiary Education Trust Fund Act (Amendment) Bill.
Others are National Offenders Central Registry Bill, Government Performance and Accountability Office Bill, Agricultural Research Council Act (Amendment) Bill, and Federal College of Education Giwa Kaduna State Bill, 2019 (SB. 121) by Senator Uba Sani.
The Electoral Act (Amendment) Bill, Income Tax Development Act (Amendment) Bill, and the Federal College of Education Usugbenu, Edo State were also read.
Justice Ekwo also held that the group does not have the power to engage in the public interest litigation which it claimed to be undertaking by filing the action.
He adds that contrary to the claim of the plaintiff to be a non-governmental organisation, there is no legislation in Nigeria permitting the registration of any group as such and no group registered under the Part C of the company could engage in such litigation.
Justice Ekwo asks the National Assembly to emulate some Commonwealth countries like Uganda and Zimbabwe that have separate legislations on registration of the non-governmental organisation.
The court decision comes a day after President Muhammadu Buhari forwarded the name of the acting Chief Justice of Nigeria, Ibrahim Tanko Muhammad, to the Senate for approval as the substantive CJN.
The President’s request was sent in a letter to the Senate on Thursday.
A second letter was also sent by President Buhari, seeking the approval for the appointment of 15 special advisers.
It added that only the court divisions in Abuja, Lagos and Port Harcourt will function during the vacation, and litigants were at liberty to approach only these courts.
While the Abuja division will cater to cases from the Federal Capital Territory, North Central, North Western, and the North Eastern parts of the country, the Lagos division would cater to cases from the South West, while the Port Harcourt division would cater to cases from the South-South and South East.
However, only cases of extreme urgency will be entertained by the vacation judges during the period.
The circular revealed that only Justice Nicholas Oweibo and Professor Chuka Obiozor have been assigned to sit as vacation judges in Lagos.
The courts’ long vacation is observed annually, pursuant to the provisions of Order 46 rule 4 (a) of the Federal High Court Civil Procedure Rules 2009.
Justice Iyang Ekwo of the Federal High Court sitting in Abuja has restrained the suspended national chairman of the African Action Congress, AAC, and the presidential candidate of the party in the last presidential election, Mr Omoyele Sowore to stop parading himself as the national chairman of the party.
The court also ordered the deputy national chairman of the party, Mr Malcolm Fabiyi, to stop parading himself as deputy national chairman.
The court restrained the Independent National Electoral Commission from further recognizing the suspended chairman, pending the determination of the motion on notice.
The newly sworn in acting chairman of the party Mr Leonard Nzenwa, dragged the suspended chairman and his deputy to court.
In the order granted by the court, the court restrained Mr Sowore and Fabiyi from further exercising any power or function relating to the offices pending the hearing and determination of the motion on notice.
In the affidavit in support of the motion on notice, the party alleged that Mr Sowore failed to fulfill the mandatory statutory requirement of holding the national executive committee meeting of the party quarterly.
A Federal High Court, sitting in Abuja, has dismissed the suit seeking to stop the Independent National Electoral Commission (INEC) from collating results of the governorship election held in Rivers State on 9th March 2019.
Justice Inyang Ekwo in a Judgment held that the court lacked the jurisdiction to entertain the matter.
Justice Ekwo had on March 20th refused to grant an exparte motion filed by the candidate of the African action congress mister Biokpomabo Awara seeking to stop the collation, announcement, and conclusion of the election without hearing the Independent National Electoral Commission.
Instead, the judge ordered that INEC be put on notice. Having heard the suit in the main, the trial judge has held that the suit is lacking in merit and is hereby dismissed.
Delivering judgment, Justice Inyang Ekwo, held that once an election is held the Federal high court or the state high court can not assume or exercise jurisdiction over such matters, as it is the duty of the election petition tribunal.
Justice Inyang Ekwo of the Federal High Court in Abuja has denied an application filed by the governorship candidate of the African Action Congress (AAC), Biokpomabo Awara, seeking to stop the collation of results for the March 9 Rivers State Governorship and House of Assembly elections.
Justice Ekwo held that the application brought before the court is such that the court cannot grant without hearing from the other party.
The plaintiff represented by Tawo Tawo, in an ex-parte application, prayed for an order to stop the Independent National Electoral Commission (INEC), from going ahead to resume, conclude and announce the results. But the judge after listening to the submission of the plaintiffs chose not to grant their prayers.
Instead, the Judge ordered the plaintiffs to put the respondents on notice on the suit and fixed March 25, for both the plaintiff and respondents to appear before him to present their position.
Earlier, Justice Ekwo drew the attention of the plaintiffs’ counsel to news making the rounds that he had already stopped the electoral body from going ahead to take further action.
The judge also drew the attention of the senior counsel to a name Inyang Ewa, who granted the purported order, but the counsel denied the existence of such name as any Federal High Court judge.
Justice Ekwo subsequently reprimanded those behind the fake news, adding that it was wrong for anybody or group to resort to self-help because such had been prohibited in the judiciary.
The plaintiffs had in their originating summons prayed the court to stop INEC from resuming collation and conclusion of the March 9 election results in rivers state and from declaring any person or group as winners of the poll.
The plaintiffs specifically applied for an order compelling the electoral body to maintain the inconclusiveness of the election as announced earlier.
The Federal High Court sitting in Asaba today sacked the Jones Erue-led executive committee of the All Progressive Congress (APC) in Delta State.
In its two-hour judgment, the court, presided over by Justice Toyin Adegoke upheld the Cyril Ogodo-led Delta APC faction in the state, declaring the executives as duly elected.
Justice Adegoke further held that all actions purportedly taken by the Erue-led executives were null and void, thereby nullifying the candidacy of the candidates who emerged from the primaries conducted by the Erue-led executives.
According to Rowland Ekpe, the counsel to the Cyril Ogodo exco, the re-election of Senator Ovie Omo-Agege, representing Delta Central and other candidates in the just-concluded elections, is now null and void following the judgment since they all emerged from the primaries conducted by the Erue-led executives.
“The Primaries conducted by Mefor Progress, those names are the authentic names,”Mr Ekpe stressed.
Other candidates affected by the judgment include the state governorship candidate, Great Ogboru, and the senatorial candidate for Delta South Senatorial District and immediate past governor of the state, Dr. Emmanuel Uduaghan, among others.
Meanwhile, Mr Okubo Nwachukwu, counsel to the Erue-led executives said they would review the court’s judgment, noting that they would appeal the verdict passed by Justice Toyin Adegoke.
“We will look at the judgment, and see what we are going to do, but hopefully we are going to appeal against the judgment. I am very certain that the appeal will be favourable,” Mr Nwachukwu stated.