- Appeal Court Nullifies Expulsion Of 25 Pro-Wike Lawmakers
- Resign, Court Orders Judges Chairing Ganduje Probe Panel
- Ighodalo’s Fate Hang In Balance As PDP Kicks Against Ruling
Three judgements that shook the nation were delivered on Thursday, July 4, 2024.
From Rivers to Edo and Kano States, the courts delivered judgements that reinforced the towering political figures of some and rattled another.
Former Rivers State Governor, and incumbent Minister of the Federal Capital Territory (FCT), Nyesom Wike got one over his political mentee and godson, Governor Siminalayi Fubara and former Kano State’s Governor, and current National Chairman of the All-Progressives Congress (APC), Abdullahi Ganduje came out tops in his ongoing political battle against incumbent Kano State Governor, Abba Kabir Yusuf.
On the other hand, Edo State’s Governor, Godwin Obaseki might still be reeling from the shock delivered by the court regarding the exclusion of some delegates in the primary election that produced Asue Ighodalo, his anointed political godson and choice to succeed him as governor.
First, in a landmark ruling, the Court Of Appeal in Abuja dismissed the order of a Rivers High Court which restrained Martin Amaewhule and 24 others from parading themselves as lawmakers of the state assembly.
A three-member panel of the appellate court led by Jimi Olukayode-Bada, held that the trial court lacked the jurisdiction to entertain the suit, as such matters can only be heard and determined before a federal high court.
The appeal, which was filed by Amaewhule, factional speaker of the Rivers State House Of Assembly, and 24 others, sought to vacate the order of a High Court in Port Harcourt that restrained them from parading themselves as lawmakers.
READ ALSO: Appeal Court Nullifies 25 Pro-Wike Lawmakers Expulsion From Rivers Assembly
On May 30, Charles Wali, the high court judge, restrained the lawmakers in Amaewhule’s faction from conducting legislative sittings anywhere, including within the legislative quarters.
The judge also restrained Siminalayi Fubara, governor of Rivers, from interfacing with or accepting resolutions and bills from the 25 lawmakers.
The suit was filed by Victor Oko Jumbo, a factional speaker, and two other lawmakers — Sokari Goodboy and Orubienimigha Adolphus Timothy. The three legislators are loyal to Fubara.
The court also held that all of the laws made by Amaewhule and others would amount to a nullity until the matter was determined.
The appellants had asked the appeal court to dismiss the judgment of the lower court and nullify the decisions taken by Jumbo’s faction.
With this judgement delivered in the favour of the pro-Wike lawmakers, the FCT Minister seems to have delivered a bloodied nose to his political mentee, Fubara.
Secondly, in Kano State, in what appears to be a temporary victory for Ganduje, the Federal High Court sitting in Kano has ordered two Kano judges to resign from their appointments within 48 hours.
It would be recalled that Ganduje and current Gov, Yusuf had been engaged in a long-lasting political feud.
To prove his “superiority” Yusuf had appointed the judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf, to chair the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets and the Judicial Commission of Inquiry to investigate Political Violence and Missing Persons, respectively, a case perceived to be targeted at Ganduje
Not relenting, Ganduje had approached Justice Simon Amobeda who presided over the case to secure a judgment preventing Governor Yusuf from probing his administration.
In his verdict on Thursday, Justice Amobeda emphasised the judiciary’s independence and the impropriety of judges performing executive functions.
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He stated, “Judges should desist from performing executive functions assigned to them by the Governor of Kano State in courtrooms meant to adjudicate disputes between persons and authorities in Kano State.”
The court ordered the National Judicial Council (NJC) to halt the payment of salaries, allowances, and benefits to the judges if they fail to comply within the specified timeframe.
“Failure by the judges to comply with the 48-hour deadline, the National Judicial Council (1st Defendant) shall stop forthwith, the payment of any remuneration, allowances, and benefits meant for judicial officers from the Consolidated Revenue Fund of the Federation to the Judges,” Justice Amobeda decreed.
The judgment also highlighted an earlier ruling by Justice A.M. Liman, which stated that Ganduje could only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC). Justice Amobeda condemned Governor Yusuf’s decision to set up the commissions without appealing this judgment, calling it “an abuse of office and undermining the sanctity of the judiciary”.
In his ruling, Justice Amobeda asserted, “The action of the Governor of Kano State of appointing the 4th and 5th defendants as chairmen of the commissions of inquiry… is an encroachment into and undermining the judicial arm of government, a breach of the doctrine of the separation of powers, a grave violation of the Constitution, and gross misconduct on the part of the Governor of Kano State and the 3rd defendant who administered the oath of office and oath of allegiance to the 4th and 5th defendants.”
Lastly, in Edo, Obaseki and Ighodalo have been rattled as the Federal High Court in Abuja has faulted the Peoples Democratic Party (PDP) primary election that produced Ighodalo as its governorship candidate.
While the election itself was not voided, the court frowned at the exclusion of 381 delegates who were supposed to vote at the primary election by the PDP.
The court ruled that the PDP was wrong to have excluded the 381 delegates from its primary election held on February 22.
In the ruling delivered on Thursday, Inyang Ekwo, presiding judge, held that the PDP failed to comply with the provisions of the Electoral Act 2022 and the party’s constitution.
The judge further held that even though the Independent National Electoral Commission (INEC) filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.
Although the court granted the reliefs sought by the plaintiffs, no consequential order was expressly made nullifying the primary election.
“There is no doubt that the second defendant (the PDP) neither complied with the relevant provision of its constitution nor the electoral guidelines for primary elections of 22nd February 2024,” Ekwo said.
“It is the law that political parties must obey their constitution, guidelines, and regulations.
“The failure to comply with the electoral guidelines is not different from the effect of non-compliance with the constitution of the political party or non-compliance with the provisions of the Electoral Act 2022.
“The decision of the second defendant not to include the plaintiffs in the governorship primaries for which they were elected at the ward congress, was arbitrarily done.
READ ALSO: Rivers Crisis: Again, Fubara Moves Against Wike
“Ward congresses are to be held in accordance with the law, the party’s constitution, and electoral guidelines.
“After being held, they cannot be cancelled save in the manner provided in the Electoral Act 2022, party’s constitution, and electoral guidelines.
“I find that the second defendant did not comply with the provision of Section 82 of the Electoral Act 2022, Article 50 (3) of the constitution of the second defendant (as amended in 2017), and Article 1(b)(i) of Part I (page 5) and Article 4 (xii) of Part II (page 9) of the electoral guidelines for Primary Elections of 22nd February 2024.
“Consequently, I find that the case of the plaintiffs succeeds on the merit upon a preponderance of evidence as required by law.
“I enter judgment on the terms as follows:
“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the constitution of the second defendant (as amended in 2017), the plaintiffs, together with the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected ward congress delegates in their respective wards and by virtue of which the defendants cannot exclude them from participating as 3 ad-hoc ward delegates at the governorship primary election of Edo state slated for the 22nd of February, 2024 or any other date.
“An order is hereby made directing the defendants, who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50(3) of the second defendant’s constitution (as amended In 2017) to abide by the outcome of the 3 ad-hoc delegates ward congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.
“An order of mandatory injunction is hereby made restraining the first, second, and third defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as 3 ad-hoc ward delegates in the governorship election primaries of the second defendant slated for the 22nd of February, 2024 or any other date.
“This is the order of this court.”
Three aggrieved ad hoc delegates had filed the suit marked FHC/ABJ/CS/165/2024 on behalf of the 378 other delegates.
The plaintiffs are Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie, on behalf of the 378 others in 12 LGAs and 127 wards.
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INEC, the PDP, its national secretary and the vice chairman of the south-south, were joined as 1st to 4th defendants in the suit.
The 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor of the state.
However, in a statement issued by its National Publicity Secretary, Debo Ologunagba, the party said the primary election that produced Ighodalo followed due process and no eligible delegate was excluded.
The PDP insisted that the court did not make any order nullifying Ighodalo’s election as the party’s candidate for the Edo, as there were no grounds whatsoever for such.
The party insisted that the congresses and subsequent primary that produced Ighodalo were legally conducted.
The statement read: “The PDP maintains that no eligible delegate was excluded from participating in the primary election in which accreditation, polling, counting of ballot, collation, and declaration of results were publicly conducted.
“The process was monitored by officials of the Independent National Electoral Commission (INEC) and relevant security agencies at the Samuel Ogbemudia Stadium, Benin City.
“The exercise was also duly broadcast live on national television stations and multiple social media platforms.
“Moreover, the PDP holds that pursuant to the provisions of Section 84 (14) of the Electoral Act, 2022, the case is even of no moment as the plaintiffs have no locus to question the outcome of the primary election not being aspirants in the exercise.
“Additionally, it must be noted that the reliefs sought by the plaintiffs do not include the disqualification and/or nullification of the primary election of Ighodalo as the winner of the Edo governorship primary election of the PDP
“The Court is not a Father Christmas.”
The PDP urged the people of Edo to disregard the report and remain focused on their support for its candidate.
