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Rider docked over alleged  motorcycle theft

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Motorcycle

Lagos , March 26, 2019 A 29-year-old motorcyclist, Taiye Adelu, on Tuesday appeared before an Ikeja Magistrates’ Court over alleged possession of an unregistered motorcycle.

Adelu, who resides near Baale’s House in  Alagbado, Lagos, is facing charges of breach of the peace, unlawful possession and obstruction of arrest.

He, however,  pleaded not guilty to the charges.

The Prosecutor, Sgt. Ishola Samuel, alleged that the defendant committed the offences on Jan. 27, at AIT Junction, Alagbado.

He said that the defendant was caught by policemen on patrol with the unregistered motorcycle suspected to have been stolen

“Adelu failed to give convincing reasons why he was in possession of the unregistered motorcycle,” the prosecutor added.

The alleged offences contravene Sections 168, 329 and 174 of the Criminal Law of Lagos State, 2015.

The Magistrate, Mrs A. I. Abina, admitted the defendant to bail in the sum of N100,000 with two sureties in like sum.

Abina ordered that the sureties should be gainfully employed and show evidence of tax payment to the Lagos State Government.

The case was adjourned until April 15.

Edited

Judiciary

45 Days Detention: DSS challenges court order, insists Sowore plotted to topple govt

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The Department of State Services (DSS) has challenged the Federal High Court order, allowing it to detain Mr Omoyele Sowore, Convener, #RevolutionNow protests, for 45 days against its request of 90 days pending investigation.

The DSS argued that its investigation so far revealed that “RevolutionNow” was allegedly a smokescreen for the actual intention of Sowore and his allies “to topple the government of the Federal Republic of Nigeria.”

The DSS said it was engaged in a painstaking investigation of activities of Sowore, the candidate of the African Action Congress (AAC) in the last presidential election, in view of the quantum of evidence so far gathered and may return to court to seek an extension of the 45 days granted by the Abuja-based court to detain him.

The security agency made this known in a fresh document it filed at the Federal High Court on Monday in response to an application by Sowore.

In the counter-affidavit deposed to by Godwin Agbadua, an official of the DSS, it was stated that Sowore was arrested on reasonable suspicion of having committed a capital offence, upon his alleged involvement in terrorists’ activities.

“The respondent formed an alliance with a fugitive, Nnamdi Keno, a self-acclaimed leader of the proscribed terrorists group, Indigenous People of Biafra (IPOB), to launch series of attacks on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria

“After series of closed-door meetings between the duo in the United States of America, they addressed a press conference wherein they both stated their resolve to form alliance against the Nigerian government, The duo stated that they have a well planned out strategy to realize their objective, which is toppling the government.

“The respondent held series of meetings with some foreign collaborators outside Nigeria including Dubai where millions of dollars were given to him to sponsor a widespread attack on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria and freeing Ibrahim  ElZakzaky (Sheikh).

“In furtherance to the plans to violently free Elzakzaky from lawful custody. the respondent held several meetings with a proscribed terrorists organisation. Islamic Movement in Nigeria (IMN) where they strategized on how to carry out attacks to force the government to free Elzakzaky.

“The investigation is still ongoing. Upon the completion of investigation, the case file will be forwarded to the office of the Attorney General of the Federation for advice and possible prosecution,” DSS alleged.

edited by Sadiya Hamza

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Judiciary

2 men docked over theft, receipt of stolen goods in Ado-Ekiti

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Two men, Sanmi Ajayi, 29 and Moyinoluwa Victor, 28, were on Tuesday brought before an Ado-Ekiti Chief Magistrates’ Court over alleged stealing and receiving stolen goods.

The prosecutor, Insp. Johnson Okunade, told the court that the defendants, whose house addresses were not given, committed the offences on July 10 at about 4:30p.m in Ado-Ekiti.

Okunade said that the first defendant, Ajayi, on the said day, broke into Akinnola Tokunbo, the complaint’s apartment, and stole two laptops valued at N160,000 and one PS 4 Game player valued at N250,000.

He told the court that the offence contravened Section 390 (a) of the Criminal Code, Cap. C 16, Laws of Ekiti state, 2012.

The prosecutor further said that the second defendant, Victor, bought and received the stolen goods from the first defendant.

He said that the offence contravened Section 427 of the Criminal Code, Cap C 16, Laws of Ekiti, 2012.

The defendants pleaded not guilty to the charges.

Their lawyer, Mr John Abiola, urged the court to grant them bail in most liberal terms.

The Chief Magistrate, Mr Aderopo Adegboye, granted the defendants bail of N200, 000 each with two sureties in like sum.

Adegboye adjourned the case until Sept. 18 for further hearing.

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AD candidate testifies against Gov. Sanwo-Olu at tribunal

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The Lagos State governorship Election Petition Tribunal on Tuesday heard the testimony of Chief Owolabi Salis, Governorship Candidate of the Alliance for Democracy (AD) for Lagos State in the 2019 General Elections, against Gov. Babajide Sanwo-Olu.

Salis and his Labour Party counterpart, Ifagbemi Awamaridi, had filed petitions against Sanwo-Olu,  challenging his victory at the March 9 gubernatorial election.

The Nigeria News Agency reports that the Court of Appeal sitting in Lagos had ordered the tribunal sitting in Ikeja to resume hearing of the petitions filed by the two candidates.

A five-man panel of the appellate court led by Justice Hussein Mukthar

upturned the June 17, 2019, decision of the tribunal which dismissed petitions by  Salis and Awamaridi on grounds on abandonment and  failing to file an application for pre-hearing conference within seven days as prescribed by the law.

The appellate court held that the tribunal failed to check its own record of proceedings giving the verdicts.

During proceedings on Tuesday, Salis told the tribunal that Sanwo-Olu’s election was fraudulent.

He urged the tribunal to compel  the Independent National Electoral Commission (INEC) to produce  the original copies of receipts of payments for documents he sought to tender in evidence.

His prayer  followed a claim  by the respondent’s counsel that  there was no evidence of payment for certification of the documents which  included nomination form and an affidavit.

“It is evident that the witness is not the maker of the documents neither is he the addressee of the memorandum sought to be tendered.

“He is not the deponent of the affidavit sought to be tendered neither did he complete the form sought to be tendered.

“We urge the court to disregard the petitioner’s application.

“There is no aura of authority to show that the purportedly tendered documents emanated from INEC.

However, Salis said that he paid for the documents and urged the tribunal to discountenance the respondent’s submission.

“It is mischevious and misconstrued, it is either the respondent says that the documents emanated from INEC or not.

“I believe the court will compel INEC to bring the receipts of all the documents paid for.

“It is our right, we paid for them and they cannot sabotage us,” he said.

Salis prayed the tribunal to cancel what he described as fraudulent election of Sanwo-Olu, claiming that the election was characterised by irregularities.

Proceedings in the tribunal will continue on Aug. 21.

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INEC server: No cause for alarm over Supreme Court’s ruling

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Alhaji Atiku Abubakar, the Presidential candidate of the Peoples Democratic Party (PDP) says there is no cause for alarm over the Supreme Court’s ruling dismissing his claims to inspect INEC server.

Atiku, who addressed a news conference through his lead counsel, Eyitayo Jegede SAN, after Tuesday’s proceedings, said that the decision was anticipated and that proactive action had been taken during the hearing of the petition.

“There is no cause for alarm in the decision of the apex court as it relates to our petition at the tribunal.

“The issue of server was aimed at establishing that the election was rigged during the collation of results and this was thoroughly addressed through witnesses and documents tendered and admitted during the presentation of the petition.”

He expressed optimism that the tribunal would do justice at the end of the day.

Atiku had approached the Supreme Court praying for an order to set aside the decision of the tribunal which refused to compel INEC to allow him access to the central server allegedly used in the conduct of the presidential poll.

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Supreme Court dismisses Atiku’s appeals to inspect INEC’s alleged server, reopen arguments

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The Supreme Court  on Tuesday dismissed two appeals filed by the  Peoples Democratic Party (PDP) and its Presidential Candidate, Atiku Abubakar, challenging two major decisions of the Presidential Election Petition Tribunal sitting in Abuja.

The petitioners had approached the apex court to set aside the decision of the tribunal which barred them from inspecting an alleged central server used in the country’s Feb.23 presidential election.

They had also invited the apex court to compel the tribunal to reopen argument on an application filed by the ruling party, All Progressive Congress (APC) that sought for expunge of some portions of the petition.

Giving ruling in the he appeal to access for the inspection of the alleged central server, Justice Centus Nweze, held that setting aside the decision of the tribunal on the matter would amount to pre-empting the substantial case.

Nweze said that the Justice Mohammed Garba-led five-man panel was right to stop the move by the petitioners to inspect the acclaimed central server allegedly managed by the Independent National Electoral Commission (INEC).

The judge held that: “the decision of the tribunal to prevent the inspection of the alleged server was apt and we do not have to set it aside at the point. The appeal has no merit and it hereby dismissed’’.

Ruling on the appeal seeking for the re-opening of argument on the motion filed by APC for the tribunal to expunge some portions of the petition, Nweze held that the action was statute barred and went ahead to dismiss it also.

NAN recalls that the petitioners had insisted that the “central server” was allegedly used by INEC to warehouse electronically transmitted results in the election.

The petitioners had approached the apex court to set aside the June 24, decision of the tribunal.

Atiku’s counsel, Eyitayo Jegede, SAN, had pleaded with the court to set aside the decision of the presidential election petition tribunal which refused to compel INEC to allow him access to the central server alleged used in the conduct of the presidential poll.

He said access to the INEC’s central server was germane to his client’s petition, adding that the court should order the electoral body to allow access to the database forthwith.

However, Chief Wole Olanipekun SAN, counsel to President Muhammadu Buhari, asked the court to turn down the request and to dismiss the appeal on the grounds that the appeal had become academic.

Olanipekun drew the attention of the court to the fact that the life of the appeal would expire on Aug. 21, adding that granting the request would no longer serve any purpose.

He further told the court that the parties would on Aug. 21 adopt their final written addresses at the tribunal preparatory to judgment.

Mr Yunus Usman, SAN, and Mr Charles Edosamwam SAN, counsel for the ruling party, All Progressive Congress (APC) both aligned themselves with the position canvassed by counsel for the president.

The petitioners also alleged that the tribunal denied them fair hearing by preventing them from accessing the “relevant and material evidence’’.

They submitted that the tribunal encouraged the breaching of Section 151(1) of the Electoral Act 2010 (as amended) by the electoral body.

They further alleged that the tribunal’s denial of fair hearing had so far undermined their petition.

According to them, the tribunal, in dismissing their application, fails to consider their uncontroverted evidence contained in their further affidavit in support of their application for access and inspection of information.

They maintained that the tribunal failed to exercise its discretion judiciously and judicially.

On the APC motion, the petitioners had challenge the proceeding of June 11 at the tribunal where they claimed APC ambushed them by secretly withdrawing a motion and replacing same with another not responded to.

The tribunal had in a unanimous decision on July 3, dismissed a prayer by the applicants to re-open arguments on the APC application that sought the expunge of portions of the petition.

The tribunal however, held that the petitioners failed to adduce cogent reasons why such request should be granted, having failed to file a counter affidavit against issues raised earlier.

The tribunal had on June 11 ruled that the petitioners failed to file counter affidavit against APC’s prayers on accounts of the petition’s unsubstantiated allegations of non-compliance and malpractices.

The tribunal had held that its record showed that the petitioners were duly served with APC’s motion on May 16 which gave them seven days to file their counter-affidavit.

The APC had urged the tribunal to strike out allegations of widespread malpractices made on the conduct of the presidential elections in 10 states from the petition.

The party alleged grave errors, adding that the petition was shrouded in unsubstantiated issues in the 10 states.

The party also claimed that Atiku merely made vague allegations of electoral malpractices in the 10 states, adding that vague allegations were unknown to law.

The States were Borno; Yobe; Jigawa; Kebbi; Kaduna; Kano; Gombe; Niger; Katsina; Bauchi states.

APC, had also in the motion invited the tribunal to strike out allegations of act of violence leveled against Vice President, Chief of Army Staff, Nigerian Army, Nigerian Police and several other individuals who were not listed as parties in the petition.

edited by Sadiya Hamza

 

 

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