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Osun Guber Ruling: Atiku’s Statement Meant To Influence Ongoing Presidential Tribunal Case

President Muhammadu Buhari, PDP Presidential candidate, Alhaji Atiku Abubakar

The Presidency has described as “very ridiculous, and even comical,’’ the reaction of former Vice President Atiku Abubakar to the Supreme Court ruling affirming the election of Governor Gboyega Oyetola of Osun State.

Atiku, who was the candidate of the Peoples Democratic Party in the 2019 presidential election, had, in a statement, expressed reservations over Friday’s Supreme Court victory of Oyetola.

In the statement, the former Vice President had stated: “I urge the nation’s judiciary to take a pulse of the nation and reflect it. In their hands, God has placed a great responsibility.

“The duty to ensure that justice is done, irrespective of the pressure to do otherwise, by the powers that be.

“Learned people know that the judiciary comes to conclusions drawing from matters of law placed before it, and not sentiments, or so-called “pulse of the nation.”

However, Mr. Femi Adesina, the President’s Special Adviser on Media and Publicity, in a statement in Abuja on Friday, frowned at Atiku’s comments, saying, “Many things fly in the face of logic, reason, and legality in this portion of the statement.

“A pertinent question is: how does the judiciary gauge the pulse of the nation? Is it even positioned to do such?

“Is the judiciary established for that purpose, or to dispense justice, even if the heavens fall?”

Adesina observed that there was insinuation of inducement in the statement when the PDP candidate said the judiciary should ensure justice is done, “irrespective of the pressure to do otherwise, by the powers that be.”

“We see this as an attempt to browbeat the judiciary, thus causing it to entertain sentiment in the ongoing petition on the presidential election before the tribunal.

“If anybody has the tendency or proclivity to put pressure on the judiciary, Nigerians know where the finger points, and it is definitely not at President Muhammadu Buhari.

“This was a man who had thrice taken his electoral challenges to the judiciary, up to the Supreme Court. And not once was he accused of trying to influence the process, or put pressure on the courts.

“When the All Progressives Congress lost Zamfara and Rivers states, arising from judicial proclamations, then, there was no “pressure to do otherwise” by the powers that be.

“But now that the victory of the party in Osun was upheld, there is insinuation of pressure from those who have never learnt to play straight,” he said.

Adesina maintained that Buhari had always been committed to fair play, which he said was clearly evident in the last general elections.

According to him, the President remains committed to even-handedness and justice always.

(NAN)

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Supreme Court Removes The Right Of Governors To Sack LGA Chairmen, Councillors |The Republican News

Supreme Court of Nigeria

THE Supreme Court yesterday voided laws enacted by the states’ Houses of Assembly which allow governors to sack elected Chairmen of Local Governments and Councillors and replace them with appointed administrators.

It has of recent become a tradition among governors to dissolve the Executive Councils of the states’ LGs and replace them with their appointees, who they call caretaker committees. In a unanimous judgement of five Justices of the Supreme Court described the practice as “executive recklessness”, which must not be allowed to persist.

The judgment by the five-man panel, led by Justice Olabode Rhodes-Vivour was on the appeal in relation to the dissolution of the 16 Local Government Executives in Ekiti State, during Kayode Fayemi’s tenure.

The appeal marked:SC/120/2013 was filed by the Ekiti State Government.

It had Prince Sanmi Olubunmo (Chairman of Ido Osi LG and Chairman of Association of Local Government’s of Nigeria – ALGON, Ekiti Chapter and 13 others as respondents.

Fayemi, (then) Minister of Mineral Resources reportedly announced the dissolution of the councils in a radio announcement on October 29, 2010, when the elected council officials still had up till December 19, 2011 to end their three-year tenure.

The Supreme Court, in faulting the law purportedly relied on by Fayemi, held that Section 23(b) of the Ekiti State Local Government Administration (Amendment) Law, 2001, which empowered the governor to dissolve local government councils, whose tenure was yet to expire, violated section 7(1) of the Constitution from which the state House of Assembly derived the power to enact the local government law. Justice Centus Nweze, in the lead judgment, said: “There can be no doubt, as argued by the appellants’ counsel, that the Ekiti State House of Assembly is empowered to make laws of Ekiti State.

“However, the snag here is that, in enacting section 23(b) of the Ekiti State Local Government Administration (Amendment) Law, 2001, which empowered the first appellant to bridge the tenure of office of the respondents, it overreached itself. “In other words, section 23(b) (supra) is violative of, and in conflict with section 7(1) of the Constitution (supra). “Hence, it is bound to suffer the fate of ll laws which are in conflict with the Constitution, section 1(3) thereof.”

The judge Said Section 7(1) of the Constitution seeks to guarantee “the system of local government by democratically-elected local government councils and conferred “sacrosanctity on the elections of such officials whose electoral mandates derived from the will of the people freely exercised through the democratic process”.

“The implication, therefore, is that section 23(b) of thethe Ekiti State Local Government Administration (Amendment) Law, 2001, which was not intended to ‘ensure the existence of’ such democratically-elected councils, but to snap their continued existence by their substitution with caretaker councils, was enacted in clear breach of the supreme provisions of section 7(1) of the Constitution.

“To that extent, it (section 23(b) supra) cannot co-habit with section 7(1) of the Constitution (supra) and must, in consequence, be invalidated.

“The reason is simple. By his oath of office, the governor swore to protect and not to supplant the Constitution.

“Hence, any action of his which has the capacity of undermining the same Constitution (as in the instant case where the first appellant, ‘Governor of Ekiti State and others’ dissolved the tenure of the respondents and replaced them with caretaker committees) is tantamount to executive recklessness which would not be condoned,” the judge said.

Justice Nweze said the the tenure of the local government councils could not be abridged without violating the supreme constitutional provisions.

“Simply put, therefore, the election of such officials into their offices and their tenure are clothed with constitutional force.

They cannot, therefore, be abridged without breaching the Constitution from which they derive their force. “The only permissible exception, where a state governor could truncate the lifespan of a local government council which evolved through the democratic process of elections, is ‘for overriding public interest’ in a period of emergency.”

He upheld the earlier decision of the Court of Appeal on the issue and adopted the orders made by the Court of Appeal on the case in its judgment delivered on January 23, 2013.

The Appeal Court had among others, ordered the Ekiti State Government to compute and pay all the allowances and salaries accruable to members of the dissolved councils between October 29, 2010 and December 19, 2011, both dates inclusive.

Justice Nweze directed the Attorney- General of Ekiti State to ensure that the orders of the lower court (Appeal Court) affirmed in his judgment, are complied with.

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Supreme Court Has Gone Against The Will Of Zamfara People – Oshiomhole Cries Out |RN

ACP national chairman, Adams Oshiomhole

Kamarudeen Ogundele, Abuja

The National Chairman of the All Progressives Congress, Adams Oshiomhole, on Monday said the Supreme Court has imposed “strangers” on the people of Zamfara with its judgment of Friday.

The former President of Nigerian Labour Congress said the judgment did not give justice to the people but was rather based on technicality.

Oshiomhole stated this in Abuja while answering questions from journalists after the APC National Working Committee meeting.

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BREAKING: APC Loses Zamfara As Supreme Court Rules Against The Party |RN

By Evelyn Okakwu

Nigeria’s ruling party, APC, has finally lost its bid to govern Zamfara State for the next four years following a Supreme Court ruling.

An APC governor, Abdulaziz Yari, is the outgoing governor of the state.

The Supreme Court on Friday ruled that the APC did not conduct valid primaries in the build up to the 2019 general elections in Zamfara.

The Supreme Court validated the judgement of the Court of Appeal, Sokoto Division, which ruled that no valid primaries were conducted by the APC in Zamfara State.

The court in a unanimous judgement by a five-member panel on Friday decided that a party that had no valid candidate cannot be said to have emerged winner of the recently conducted general elections.

In an appeal brought by the APC, the apex court ruled against the apellant and ordered a fine of N10 million against the APC.

“Candidate other than the first appellant with the highest vote stand elected. A cost of N10 million is awarded against the appellant,” the court ruled.

The candidate of the APC, Mukhtar Idris, had been declared winner of the elections after he polled 534,541 votes despite controversies trailing his candidacy.

The PDP candidate is believed to have come second in the election and could now be declared the governor-elect in the state.

The ruling also affects all APC Zamfara House of Assembly candidates who were initially declared winners of their elections. (Premium Times)

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MUST READ: I Warned GTBank MD, Agbaje On Being Used To Fight Innoson – Femi Fani-Kayode

by Eyitemi

Innoson take over GTBank, #InnosonTakesOverGTB: Innoson Motors moves to take over GTBank over N8.7bn debt, LATEST NIGERIAN NEWS, POLITICS TODAY, CELEBRITY GISTS | UNCLE SURU

Former minister of aviation and Peoples Democratic Party(PDP) chieftain, Femi Fani Kayode, has reacted to the now trending news that Popular Nigerian car manufacturing company, Innoson, is set to take over GTBank after securing a court order.

Fani Kayode who spoke through his Twitter handle said he had warned the former Managing Director of Gtbank, Segun Agbaje about allowing himself to b used against Innoson Motors.

What he wrote:

Last year I warned my aburo Segun Agbaje, the former MD of GTB, about allowing himself to be used against Innoson Motors by the barbarians. Now the bank has been taken over by Innoson and Segun has lost his job, his reputation and his name and he has been taken to the cleaners

View image on Twitter:
View image on Twitter
The question from this tweet by Femi Fani-Kayode means that someone or group somewehre were using the Managing Director of GTBank, Mr Segun Agbaje to fight against the business interest of Chief Innocent Chukwuma, and one wonders why.
Innoson take over GTBank, #InnosonTakesOverGTB: Innoson Motors moves to take over GTBank over N8.7bn debt, LATEST NIGERIAN NEWS, POLITICS TODAY, CELEBRITY GISTS | UNCLE SURU
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BREAKING: Innoson Takes Over GTBank Over N8.7bn Debt, As Supreme Court Dismisses GTB Appeal

GTBANK Nigeria

By Editor

This is a case that has generated so much euphoria among those who have seen the action of GTBank as a very wrong one.

There have been reports and counter reports concerning this case which has even reached the table of the EFCC. EFCC was at some point invited into the case by GTBank, and the agency has invited Chief Innocent Chukuma over for interrogation.

In the last case even GTBank denied the report from the Appeal court and called it media propaganda that has no weight.

The Republican News gathered from the social media account of the Innoson Vehicles a press release made available to the public.

Here is the press statement from Innoson Vehicles Manufacturing, IVM, company.

PRESS RELEASE

INNOSON TAKES OVER GTB OVER N8.7 Billion JUDGEMENT DEBT; AS SUPREME COURT DISMISS GTB’s APPEAL

The Chairman of Innoson Group, Chief Dr Innocent Chukwuma, OFR has through a Writ of FiFa taken over Guaranty Trust Bank PLC for and on behalf of Innoson Nigeria Ltd as a result of the Bank’s indebtedness to Innoson Nigeria Ltd.

In a landmark decision on February 27th 2019, the Supreme Court of Nigeria dismissed GTB’s appeal – SC. 694/2014- against the judgment of Court of Appeal, Ibadan Division.

The Court of Appeal, Ibadan division had in its decision of 6th February 2014 dismissed GTB’s appeal against the Federal High Court, Ibadan Division. Thus, the Court of Appeal affirmed the judgment of the Federal High Court, Ibadan Division which ordered GTB by way of Garnishee order absolute – to pay N2.4 Billion to Innoson with a 22% interest, per annum, on the judgment sum until the final liquidation of the judgment debt.

Rather than obey the judgment of the Court of Appeal, GTB approached the Supreme Court to challenge the Court of Appeal’s decision.

However in an ruling delivered by Honourable Olabode Rhodes-Vivour JSC on Wednesday, February 27th 2019, the Lord Justices of the Supreme Court (JSC) dismissed GTB’s appeal and thus affirmed the concurrent judgment of both the Court of Appeal and the Federal High Court, Ibadan Division which ordered GTB by way of Garnishee order absolute – to pay N2.4 Billion to Innoson with a 22% interest, per annum, on the judgment until the final liquidation of the judgment. The Judgment debt of N2.4B has an accrued interest as at today of about N6,717,909,849.96 which results to about N8.8 Billion.

Based on the Supreme Court’s decision of 27th February 2019 the counsel to Innoson, Prof McCarthy Mbadugha ESQ, had approached the Federal High Court, Awka Division for leave to enforce the judgment having obtained Certificates of Judgment from the Ibadan Division of the Federal High Court.

Having obtained the requisite leave, the Federal High Court issued the necessary process for levying execution – the Writ of Fifa.

Cornel Osigwe
Head of Corporate Communications
Innoson Group

This is now a very serious issue for the bank and one wonders why the bank has found it difficult to settle such debt.

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Supreme Court Affirms Interim Forfeiture Of Patience Jonathan’s $8.4m |RN

 

The Supreme Court, on Friday, dismissed the appeal filed by the wife of former President Goodluck Jonathan, Mrs. Patience Jonathan regarding the forfeited sum of $8.4m.

The apex court upheld the decisions of the Federal High Court and the Court of Appeal and affirmed an order of interim forfeiture made by the Lagos Division of the Federal High Court

The decision was contained in a unanimous judgment reached by the five-man bench of the apex court led by Justice Dattijo Muhammad.

Other members of the panel include Justices Muhammad, John Okoro, Eko, and Sidi Bage.

The court also rejected Jonathan’s prayer to strike down the provisions of section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, which was relied on by the Federal High Court to issue the order of interim forfeiture.

Ruling, Justice Kumai Aka’ahs, in the lead judgment of the apex court, read by Justice Ejembi Eko, said:

“I do not find any reason to interfere with the decision of the lower court”.

“Appellant is to go back to the trial court (the Federal High Court) to show cause why the interim order should not be made permanent,” he added.

The EFCC had last year approached the Federal High Court in Lagos with an ex parte application seeking the forfeiture of the sum of $8,435,788.84 and other various sums in various bank accounts linked to the wife of the former President.  (ElombahNews)

 

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