Court reinstates Gusau as Zamfara deputy governor – Newstrends
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Court reinstates Gusau as Zamfara deputy governor

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Mr Mahdi Gusau

A Federal High Court (FHC), Abuja, on Wednesday, gave an order restoring Mr Mahdi Gusau as the deputy governor of Zamfara following his impeachment by the state’s House of Assembly on Feb. 23, 2022, inspite of a subsisting court order.

Justice Inyang Ekwo, in a judgement, also set aside all the steps and actions taken by the House of Assembly, former Gov. Bello Matawalle and the state’s chief judge in the purported impeachment of Gusau during the pendency of the suit in court.

Justice Ekwo, who held that the act of the then assembly’s speaker, ex-governor, chief judge and indeed others was an aberration and cannot be allowed to stand, decsribed it as “null and void and of no effect whatsoever.”

“I agree with the learned silk for the plaintiff/applicant that the court must protect its dignity by reprimanding the 5th, 6th and 7th defendants (speaker, governor and chief judge) and undoing the steps, acts or proceedings taken in the impeachment while this suit was pending,” he said.

The judge also held that contrary to the argument of counsel to 5th to 38th defendants, he did not see in any of the judicial authorities cited and relied upon by the lawyer that authorises any litigant to take extra-judicial action when a case was pending in court.

“Once parties have turned their dispute over to the court for determination, the right to resort to self-help ends.

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“So, It is not permissible for one of the parties to take any step of complete helplessness, or which may give the impression that the court Is being used as a mere subterfuge, to tie the result of litigation and the appropriate order of court before acting further,” he said, citing a previous case.

The News Agency of Nigeria (NAN) reports that Matawalle, the three state’s senators, members of House of Representatives and that of House of Assembly had all defected from the Peoples Democratic Party (PDP) to All Progressives Congress (APC) on June 29, 2021.

Following their defection, the PDP and Gusau, the then deputy governor, who did not cross carpeted along with them, had in a suit marked: FHC/ABJ/CS/650/2021, asked the court to declare their seats vacant having abandoned the party through which they got into the positions of power.

The plaintiffs had sued the Independent National Electoral Commission (INEC), APC, President of the Senate, House of Representatives Speaker and House of Assembly Speaker as 1st to 5th defendants respectively.

Also joined in the suit are Zamfara State Governor, Chief Judge, Bello Matawalle, the three senators, House of Representatives members and all members of the state’s House of Assembly as 6th to 38th defendants respectively.

They sought an order of mandatory injunction compelling INEC to accept the list of the PDP candidates issued for the purpose of holding and occupying the office of governor, the state and federal lawmakers.

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They also sought for an order for INEC  to issue certificates of return to each of the said candidates for the purpose of holding and occupying the said offices purportedly occupied by members of the APC “in defiance of the decision of the Supreme Court in SC. 377/2019: APC v. Senator Kabiru Garba Marafa and others for the unspent electoral term of office of May 29, 2019 to May 28, 2013.”

They also sought an order compelling the defendants to swear in Gusau as governor on PDP’s platform to complete the tenure of office, among others.

The FHC had, on July 19, 2021, restrained the House of Assembly from proceeding with its planned impeachment of Gusau as deputy governor.

The court gave the order following an ex parte application brought by the PDP’s lawyer, Ogwu Onoja, in which he canvassed that the House of Assembly, Matawalle and others were planning to impeach Gusau who refused to defect to APC.

Despite the order of the court, Gusau was impeached by the House of Assembly after receiving the report of the investigative panel constituted by the chief judge, Kulu Aliyu.

The plaintiffs, however, filed a motion on notice seeking an order restoring the status quo of Gusau wholly to the position as at July 8, 2021 when this suit was commenced, irrespective of the merits as might be ultimately decided in the case, and in particular setting aside all the steps taken by the defendants in furtherance of the purported impeachment proceedings.

NAN reports that though the suit was filed on July 8, 2021, the plaintiffs amended the originating summons.

NAN

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Seyi Tinubu death threat: Court fixes Jan 6 on Olamide bail application

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Olamide Thomas

Seyi Tinubu death threat: Court fixes Jan 6 on Olamide bail application

A Federal High Court in Abuja on Tuesday, fixed Jan. 6, for ruling in a bail application filed by Olamide Thomas, who allegedly threatened Seyi Tinubu with death threat on social media.

Justice Emeka Nwite fixed the date after T.J. Aondo, who appeared for Thomas, and the lawyer to the prosecution, Victor Okoye, made their submissions for and against the bail application.

Upon resumed hearing, Okoye told the court that the matter was slated for the hearing of the bail application and that he had filed and served his counter affidavit on the applicant’s lawyer.

Moving the bail motion, Aondo said the application, dated Dec. 20, was served on same date.

He said it was brought pursuant to the 1999 Constitution and Administration of Criminal Justice Act (ACJA), 2015.

The lawyer said the application prayed the court for an order admitting Thomas to bail pending the hearing and determination of the charge before the court.

He urged the court to admit his client to bail on liberal terms, assuring that she would not jump bail.

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But Okoye, who said a counter affidavit was filed on Dec. 30, prayed the court to refuse Thomas bail application.

Okoye equally urged the court to discountenance the exhibits attached to the bail request.
He argued that the documents were extracted from the internet in contradiction with Section 84 of the Evidence Act.

He further argued that any newspaper publication sought to be rendered in court ought to be certified by the National Library.

“We submit that those printouts are not worth admitting as evidence,” he said.
Okoye also argued that Thomas claimed that she was suffering from an ailment without attaching any medical report.

He urged the court to discountenance the submission.

But Aondo interjected, arguing that Okoye cannot orally speak on Thomas ill-health, having failed to state this in their counter affifavit.

The senior lawyer also argued that the entire affidavit filed by the prosecution did not meet the requirements of Section 115 of the Evidence Act.

He cited Paragraph 17 of the affidavit which he said equally fell short of Section 115 of Evidence Act.
He said the prosecution argument cannot stop the court from exercising its discretionary power under Section 6(6) of the constitution to grant his client bail.

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He said the power of the court to admit the defendant to bail cannot even be premised on her production of medical report, citing Sections 35 and 36 of the 1999 Constitution.
Also citing a Supreme Court decision on the admissibility of newspaper publications, Aondo argued that an affidavit presumed to be on oath is already certified.

He said the prosecution did not raised any issue on whether Thomas will not escape if granted bail.
Aondo, therefore, prayed the court to exercise its discretionary power in favour of Thomas.
Justice Nwite adjourned the matter until Jan. 6, 2025 for ruling.

The judge, who hinted that the case file would be remitted back to the chief judge after the ruling, said his duty as vacation judge would end on the date.

The News Agency of Nigeria (NAN) reports that Thomas was, on Dec. 20, arraigned and remanded at Suleja Correctional Centre after she pleaded not guilty to the three-count charge preferred against her by the Inspector-General (I-G) of Police.

Thomas was arrested on allegations bordering on harassing and threatening Seyi Tinubu; the I-G, Kayode Egbetokun and the Police Public Relations Officer, Muyiwa Adejobi, in a viral social media post

In the charge marked: FHC/ABJ/CR/636/2024 dated and filed on Dec 18 by the police team of lawyers led by A.A. Egwu, Olamide was sued as sole defendant.

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NAN reports that in count one, Olamide was alleged to have, sometime in 2024, knowingly and intentionally transmitted communication in the form of video recording through computer system or network on her social media platforms wherein she made remarks in Yoruba Language.

In the video, she was alleged to have stated “that Mr Seyi Tinubu would die this year, and misfortune and calamity had befallen the Tinubu family, with intent to bully, threaten, harass the person of Mr Seyi Tinubu.”

The communication was said to have placed Seyi in fear of death, violence or bodily harm.
The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

In count two, the defendant was alleged to have intentionally transmitted communication in the form of video recording wherein she made remarks in Yoruba Language to bully, threaten, harass the person of Mr Egbetokun.

The communication was said to have placed Egbetokun in fear of death, violence or bodily harm.
The offence is contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

In count three, Olamide was accused of intentionally transmitting or causing the transmission of communication in the form of video recording wherein she made remarks in Yoruba Language, stating that the children of Adejobi would all die before his eyes.

She was quoted to have also said that “he (Adejobi) will bury all his children in a single day, with Intent to bully, threaten, harass the person of Mr. Muyiwa Adejobi.”

The communication was said to have placed Adejobi in fear of death of his loved ones.

The offence is said to be contrary to and punishable under Section 24 (2) (a) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024

Seyi Tinubu death threat: Court fixes Jan 6 on Olamide bail application

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Kwankwaso says no power-sharing agreement with Atiku, Obi

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Kwankwaso says no power-sharing agreement with Atiku, Obi

Presidential candidate of the New Nigeria Peoples Party (NNPP) in the 2023 elections, Dr. Rabiu Kwankwaso, has reacted to speculations of power-sharing agreement with former Vice President Atiku Abubakar and a former Labour Party (LP) presidential candidate, Peter Obi.

Kwankwaso spoke in an interview with the BBC Hausa Service, monitored in Abuja, on Monday.

He said he had not held any discussions with either of the two politicians in recent times.

According to him, he chose to remain politically neutral until the end of this year in order to allow governments at all levels to concentrate on the task of governance without any form of distraction.

He accused the main opposition party, the Peoples Democratic Party (PDP), of trying to use manipulative tactics to secure northern votes in future elections.

The former Kano State Governor explained that any future political arrangement must take into cognisance historical facts and must be put in context.

Kwankwaso said, “For me to accept any arrangement, we have to go back to history; I understand PDP in totality.

“I know their plan is to procure a party or be beating around the bush in other parties, bring us together, and make northerners vote for them.

“But what we are asking them is what have they done to the North? These are the kinds of things that will come into play. But in my mind, we have witnessed the worst of humiliation from these people.

“We loved this party; we wanted to rejig it so that we could prosper, but they made us to leave by force. Kwankwaso left, Peter Obi left, Wike left and others too, there is no estimate to those who left. Yet, they are the same people coming now to the fore expressing interest to be made president.

“This is appalling; maybe they are remorseful, or they are thinking they want to seek forgiveness or something related to that, but we have really been humiliated by those people.”

He further said, “I heard from a source that PDP brought in scholars—about 45 of them—and claimed there was a consensus that Atiku will rule for four years, I will rule for another four years, and Peter Obi will rule for eight years. This is a complete lie and has no basis in reality.”

He expressed disappointment that elder statesmen in their 70s and 80s would be among those spreading such mischievous falsehoods.”

Kwankwaso quipped, “Such deceit is part of what led me and others to leave the PDP. These actions have destabilised the party

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2027: Why PDP shouldn’t field northern presidential candidate – Ex-Atiku campaigner

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Former Vice President Atiku Abubakar

2027: Why PDP shouldn’t field northern presidential candidate – Ex-Atiku campaigner

A chieftain of the Peoples Democratic Party (PDP) and former member of Atiku Abubakar’s 2023 Presidential Campaign Committee, Dr. Adetokunbo Pearse, has called on the party to nominate a southern presidential candidate for the 2027 elections.

In an interview in Lagos, Pearse, who headed the Directorate of Documentation/Reporting for Atiku’s campaign in Lagos, argued that fielding a northern candidate could harm the party’s prospects.

“The national opinion now, the tendency, the feeling generally, is that the PDP should field a southerner for president in 2027,” Pearse said. “We need somebody from the South to complete these four years, to complete the eight years of southern presidency, so that we can rescue Nigeria.”

Pearse emphasized that it would be unstrategic for the party to support a northern candidate, given the current sentiment across the nation.

No Need for Alliances
The PDP stalwart also dismissed the idea of a political merger or alliance with other opposition parties, such as the Labour Party (LP) or New Nigeria People’s Party (NNPP), stating that such collaborations have historically been unsuccessful.

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“An alliance in our politics, even abroad, is very difficult because it is hard for competing groups and leaders to give way for one or the other,” he explained. “It is not possible for PDP to go into any alliance in 2027. I personally think it is very unlikely.”

Pearse downplayed the potential contributions of LP and NNPP, noting that both parties only secured one governorship seat each in the last general elections.

He said the PDP has sufficient resources to win the next election with a southern candidate, citing the party’s 12 governors and a significant presence in the National Assembly.

Reuniting the Party
Pearse stressed the importance of reconciling with former members who had defected, particularly to the Labour Party.

“We just need to strengthen our party. We need to reach out to our members that have left the party. If 60 percent of them return, we will win the next election,” he stated.

He highlighted efforts underway to bring back youth members and others who supported rival parties during the 2023 elections, emphasizing the need for unity within the PDP.

Lessons from 2023
Reflecting on the 2023 elections, Pearse attributed the PDP’s loss to internal divisions, particularly regarding zoning issues.

“The party went astray last time because they did not clarify the constitutional tenets that said if the national chairman comes from the North, the presidential candidate cannot also come from the North,” he said.

He criticized the inability of former National Chairman Dr. Iyorchia Ayu to step down when a northern candidate emerged, calling it a key factor in the party’s defeat. Pearse stressed that lessons had been learned, and the party would avoid such missteps in the future.

“We are not going to allow it to happen now,” he added.

 

2027: Why PDP shouldn’t field northern presidential candidate – Ex-Atiku campaigner

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