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You can’t amend petition after 21 days – Bauchi tribunal tells petitioner

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Bauchi National and State Assembly Election Tribuñal has ruled against Farouq Mustapha of the New Nigeria Peoples Party (NNPP) who is challenging the election of Muhammad Bulkachuwa of the All Progressives Party (APC).

News Agency of Nigeria recalls that Bulkachuwa was declared winner of the Bauchi North Senatorial poll during the just concluded election.

The Chairman of the tribunal, Justice Hafsat Abdulrahaman, gave the ruling following an earlier motion filed by Joe Dappa, counsel to Mustapha, seeking for amendment to the petition filed before the tribunal.

Abdulrahaman said that the tribunal was a special court guided by time, therefore, any amendment not effected within the 21 days limit was bound to fail.

“Especially that the petitioner is even requesting for substantial amendment of the petition.

“The tribunal hereby rules that any amendment not done within the last three weeks has lapsed and cannot be done,” she averred.

NAN also recalls that Mustapha, through Dappa, had on May 3, during a pretrial conference requested the tribunal to allow him effect a substantial amendment to his petition.

The application was collectively challenged by Rapheal Adekole, counsel to Bulkachuwa, as well as Usman Darazo and K. B. Dakfut counsel to APC, INEC and the returning officer respectively.

Abdurahaman, had then adjourned the case to May 9, for ruling on the application requesting for amendment.

Meanwhile, the tribunal has fixed May 11, for reports on the pretrial.

Edited

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Judiciary

Taraba Governorship: Appeal Court upholds re-election of Ishaku

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The Court of Appeal sitting in Abuja on Monday upheld the return of Darius Ishaku as Governor of Taraba.

The court also dismissed the appeal by the All Progressive Congress (APC) for being incompetent and lacking in merit.

The APC approached the appellate court to set aside the judgment of theTaraba Governorship Election Petition Tribunal, which upheld the declaration of Ishaku as winner of the March 9, governorship election.

The five-member panel presided by Justice Chidi Uwa, in the judgment agreed with the lower tribunal that the appellant had no lawful candidate in the March 9, 2019 governorship election in Taraba , by virtue of the disqualification of it’s candidate, Abubakar Danladi by the Jalingo division of the Federal High Court on March 6, 2019.

The panel in a unanimous decision upheld the judgment of the Taraba Governorship Election Petition Tribunal, and also dismissed the APC’s petition for being unmeritorious.

The court in addition said that the appellant was also unable to prove allegations of irregularities raised in its petition and accordingly dismissed the appeal for lacking in merit.

The Independent National Electoral Commission (INEC) had declared, Ishaku, candidate of the Peoples Democratic Party (PDP) winner of the March 9, 2019 governorship election in the state having won majority of the lawful votes cast at the election.

The three-member panel of the tribunal led by Justice M.O. Adewara had in a unanimous judgment delivered on Sept. 20, dismissed the petition by the APC on grounds that it had no lawful candidate in the governorship election that handed out a second term ticket to Ishaku.

The Federal High Court sitting in Jalingo, governorship election tribunal, nullified the candidacy of Abubakar Danladi and also restrained his party, the APC from fielding him as a governorship candidate.

Attempts by Danladi to overturn the order of the Federal High Court that disqualified him were unsuccessful at Court of Appeal and Supreme Court respectively.

The tribunal further held that Danladi was not qualified to contest the March 9 governorship election, having been disqualified by the apex court in the country.

However, dissatisfied with the judgment of the tribunal, the All Progressive Congress, without it’s candidate, Danladi, approached the Court of Appeal marked CA/A/EPT/934/2019, on October 3, 2019, in petition No: /01/2019, for an order setting aside the decision of the tribunal.

The APC had among other things claimed that Ishaku did not win majority of votes cast at the election on account of alleged irregularities that marred the governorship poll.

The party therefore prayed the appellate court to set aside the judgment of the tribunal and ordered the INEC to conduct a fresh election. (NAN )

Edited by Sadiya Hamza

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My wife is a fake prophetess, adulteress, divorce seeking man tells court

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A Mapo Customary Court on Monday, in Ibadan, dissolved a marriage of 22 years; and advised married couples to fear God and uphold the sanctity of matrimony.

President of the court, Chief Ademola Odunade, gave the admonition while delivering his verdict in a case instituted by a commercial driver, Abiodun Ganiyu, for the dissolution of his marriage to Mojisola, whom he accused of infidelity and alcoholism.

In his judgment, Odunade lamented the high level of immorality in the society, calling on wives and husbands to fear God and respect relationships.

He dissolved the union and granted custody of the six children to Ganiyu.

The Arbitrator directed the petitioner to pay N5, 000 to Mojisola to enable her pack out of his home.

During the proceedings, the petitioner stated that he was fed up with his wife’s adulterous lifestyle, which had subjected him to ridicule in their neighbourhood.

The petitioner, who lives at Agege area in Lagos state, said that life had not been the same for the past 13 years since his wife started living “a wanton lifestyle’’.

“Firstly, Mojisola informed me that she had become born again and had been ordained a prophetess in her Church.

“My lord, Mojisola sometimes told me that she had been in a trance for 10 days and therefore could not come home; but she would return home mostly heavily drunk.

“When I could no longer bear the agony, I reported her to her parents to caution her, but it was all to no avail.

“When I saw that her waywardness was becoming something else, I advised her to buy her beer to drink at home; instead, Mojisola took offence by my advice and would leave home for three to five weeks.

“Though, we both agreed to do family planning for birth control, she however, she saw it as an opportunity to sleep about with other men.

“Worst still, she introduced some of her lovers to me, I am frustrated, please, separate us,” Ganiyu pleaded with the court.

The respondent, who now lives at Apata area in Ibadan, did not deny any of the allegations leveled against her.

However, Mojisola, who earns a living as a food vendor, said that life would be meaningless to her if the court dissolved her union.

“I admit to all the allegations against me, but there is no where I can go at this stage, after six children.

“I take beer everyday because I do not want to kill myself; and I frequently leave home for a month or more.

“Also, I wooed a man to sleep with me so as to stimulate my sexual urge; and Abiodun himself knows the man, because I introduced them.

“Abiodun does not give me sexual satisfaction because he uses condom with me,” Mojisola explained.

Edited by Bayo Sekoni/Nyisom Fiyigon Dore

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Businessman forged dead man’s affidavit to get new CAC certificate – Witness alleges

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A prosecution witness, Insp. Francis Udofia, alleged that a businessman, Nwachukwu Eze, forged Court affidavits and impersonated Mr D.O. Olubaba, who is deceased to obtain certificate of registration from the Corporate Affairs Commission (CAC).

The police charged Eze with six counts bordering on alleged perjury, using forged documents as genuine and impersonation

Udofia, who is the third prosecution witness, told an FCT High Court sitting in Zuba,FCT, that he investigated a criminal case against Eze on Jan. 24, 2011.

According to him, the report was that the defendant swore to an affidavit where he (The Defendant) claimed that original certificates of registration for Apo Traders Association in his possession were missing.

He added that the defendant also swore to another affidavit claiming that he was Olubaba.

”My Lord, Olubaba died in 2010,” he said.

Udofia told the court that police wrote letters to Chief Registrar of the FCT High Court and Registrar General of the CAC over the matter.

He added as the Investigating Police Officer, he also visited various magistrates’ courts in the FCT to ascertain the genuineness of the affidavits and it was discovered that that affidavits were not from any magistrate in the FCT.

”The report from the FCT High Court showed that the affidavit did nit emanates from the Court.

”Following this, the Police also launched another investigation at the National Library of Nigeria.

”The police discovered that the defendant made a publication at Standard newspaper that he lost original certificate of registration in his possession.

”The police found out the obituary announcement and burial arrangement of the said Olubaba in one of the National Dailies at the National Library.

“Our investigation reveals that the suspect made the two affidavits in order to deceive and mislead the CAC to obtain another certificate of registration knowing fully well that affidavit was forged by him,’’ he said.

The Defence Counsel. Mr Keneth Uko, objected to the admissibility of the acknowledgement letters and response from the FCT High Court and CAC to the Police.

He relied on section 350 sub section II of the Administration of Criminal Justice Act (ACJA) stressing that the document south to be tendered were not in the front document served on the defendant.

In his response, the Prosecution Counsel, Mr John Ijagbemi, said statute covering the admissibility of evidence was Evidence Act 2011 not ACJA and urges the court to discountenance the objection by defense counsel.

In his ruling, Justice A O. Ebong,  adjourned the matter until Jan. 20,2020 for cross-examination and continuation of trial.

edited by Sadiya Hamza

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Judiciary

Court remands driver over alleged cheating

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An Ile-Ife Magistrates’ Court in Osun, on Monday remanded one Godday Meeting, 25, over alleged cheating.

The Prosecutor, Insp. Emmanuel Abdullahi, told the court that Meeting committed the offence sometime in July, at No. 10, Adegoke Street, Ile-Ife, Osun.

Abdullahi said the defendant cheated one Odhgba Mathew of N193, 000 by failing to comply with the agreement for returns between them.

Matthew had given the defendant a car to be used for commercial purposes.

He added that the offence contravened Section 421 of the Criminal Code, Laws of Osun, 2002.

The defendant, who was not legally represented, pleaded guilty to the one-count charge of cheating.

Magistrate Muhibah Olatunji did not grant the defendant bail, but adjourned the case to Tuesday for the presentation of facts.

Edited by Moses Solanke/Nyisom Fiyigon Dore

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Court sentences applicant to 6 months in prison for cyber-crimes

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 A Federal High Court in Ibadan on Monday sentenced a 21-year-old applicant, Adeleke Oluwaseyi, to six months imprisonment for internet fraud.

The convict, who had earlier pleaded guilty, but entered into a plea bargain, was arrested on June 19 by operatives of the Economic and Financial Crimes Commission (EFCC), Oyo State Command.

Justice Joyce Abdulmalik, who sentenced Oluwaseyi, held that the court took into consideration the period the convict had spent in detention.

Abdulmalik ordered that the 150 dollars, phones, laptop and WiFi Router recovered from the convict be forfeited to the Federal Government through the EFCC.

Earlier, the Prosecutor, Mr S.M. Obiekute, told the court that the convict pretended to be a U.S. citizen with the name, Patrick Bob, on the internet.

“He used this fake identity to take financial advantage of his victims,” he said.

Obiekute, therefore, prayed the court to sentence the convict according to the plea bargain.

The defence counsel, Mr Adewale Ayoade, however, appealed for leniency.

“He is young; a youth affected by peer pressure and trend.

“And as the essence of punishment is to correct and deter, if he’s exposed to prison custody for too long, there’s a possibility that the essence of punishment might be forfeited,” he said.

The antigraft agency said that the offence contravened the provisions of Section 22(3)(a) of the Advance Fee Fraud.

Edited by Moses Solanke/Sadiya Hamza

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Judiciary

Man on trial for alleged 420, 000 theft, fraud

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A 40- year old man Gbenga Joseph, on Monday, appeared in an Ile-Ife Magistrates’ Court over alleged N420,000 fraud.

Joseph, whose address was not given, was arraigned on charges bordering on fraud and stealing, offences he denied committing.

The Prosecutor, Insp Sunday Osanyintuyi, told the court that the defendant unlawfully obtained N420, 000 from Mrs Olayinka Odewande, the complainant, under the pretext of selling a plot of land to her.

Osanyintuyi alleged that the offences were committed on June 14, 2019 at about 1:00 p.m. at Awolumate Opa Area, Ile-Ife.

He alleged that the defendant collected N420, 000, cash from Odewande, but failed to show her the piece of land she paid for.

He said the offence contravened sections 383, 390 (9) and 419 of the Criminal Code, Laws of Osun, 2002.

Magistrate Muhibah Olatunji, granted the defendant bail in the sum of N500, 000, with two sureties in like sum.

Olatunji ordered that one of the sureties must swear to an affidavit of means, while the other must be a civil servant on at least Grade Level 14.

The magistrate then adjourned the case until Dec 16, for further hearing.

Edited by Kevin Okunzuwa/Nyisom Fiyigon Dore

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