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Appeal Court Dismisses Melaye’s Case Against Recall

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The Abuja Division of the Court of Appeal on Friday dismissed an appeal by Kogi West Senator, Dino Melaye, challenging the validity of the process of his recall embarked upon by the Independent National Electoral Commission.
The unanimous judgment of a three-man panel of the appeal court also dismissed the suit which Melaye had filed before the Federal High Court in Abuja to challenge the validity of the recall process.
With the Court of Appeal’s dismissal of the suit, the preconditions earlier given by the Federal High Court in Abuja for INEC to fulfill before continuing the recall had been set aside.
The appeal court’s judgment has therefore paved the way for INEC to continue the recall process which had been stalled since June 23, 2017 when Melaye commenced the suit.
The court ruled that contrary to Melaye’s contention, the 90 days provided by the 1999 Constitution for the recall process to be concluded had not run out but had been paused since July 6, 2017, when Justice Tsoho of the Federal High Court made an order halting the process.
Justice Nnamdi Dimgba of the Federal High Court in Abuja, to whom the case was later reassigned, had in his judgment delivered on September 11, 2017,  dismissed Melaye’s suit, but gave a pre-condition for INEC to continue with the recall exercise.
As the pre-condition for the process to continue INEC, ordered the electoral body to serve the senator with the recall petition and the accompanying documents, including the signatures of the about one-half of the constituents calling for his (Melaye’s) recall.
But Melaye had appealed against the Federal High Court’s judgment.
But delivering the lead judgment of the Court of Appeal on Friday, Justice Tunde Awotoye, substantially affirmed the judgment of Justice Dimgba but held that the Federal High Court ought not to have heard the case as the suit did not disclose any cause of action against INEC.
The Punch

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INEC Declares APC’s Aiyedatiwa Winner of Ondo Guber Election

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The Independent National Electoral Commission (INEC) has declared the candidate of the All Progressives Congress (APC), Mr. Lucky Aiyedatiwa, as the winner of the just concluded Ondo State governorship election, held on Saturday, November 16, 2024. 

The Returning Officer for the election Olayemi Akinwumi, who is also the Vice-Chancellor of the Federal University, Lokoja, Kogi State declared Aiyedatiwa winner of the election on Sunday, extending the governor’s stay at the Government House in Alagbaka, Akure.

Governor Aiyedatiwa polled 366,781 votes to defeat his closest rival and a former deputy governor of the state Ajayi Agboola who flew the Peoples Democratic Party (PDP) flag. He scored 117,845 votes, more than twice lower than the APC candidate.

“That Lucky Orimisan Aiyedatiwa of the APC having satisfied the requirement of the law is hereby declared the winner and is returned elected,” the returning officer said at exactly 2:30 pm at the INEC collation centre in Akure.

The declaration came hours after the collation of results for the election began in the early hours of Sunday. Although the collation centre went on breaks, the APC took a commanding lead with over 200,000 votes ahead of the PDP.

The final results showed that the APC won the election in a landslide, clearing all 18 local government areas.

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PDP Chieftain Sues IGP Egbetokun over Police Invasion of Home

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A former National Deputy Publicity Secretary of the Peoples Democratic Party (PDP), Dr. Diran Odeyemi has filed a fundamental rights suit against the Inspector General of Police, Kayode Egbetokun.

Also joined in the suit is the Osun State Commissioner of Police.

The suit dated November 7, 2024, was filed before a Federal High Court in Osogbo, Osun State capital.

In an affidavit in support of originating summons, Odeyemi accused armed agents of the defendants of invading his residence at Ibadan on October 26, without prior notice.

The plaintiff said the invasion of his residence and attempt to unlawfully arrest him was part of plans by the All Progressives Congress (APC) to silence leaders of the Peoples Democratic Party in Osun State.

Odeyemi alleged that the National Chairman of the All Progressive Congress, Alhaji Abdullahi Ganduje on 20th of October, 2024, declared in Akure, Ondo State capital that the party had a secret strategy to recapture Osun State for APC, adding that what played out at his residence was part of the broader plans of the APC.

The plaintiff asked the court to determine where the attempt and threat by the defendants and their agents to arrest him on wilful investigation of some stalwarts of the APC do not constitute an infringement of his fundamental rights to personal liberty, freedom of movement, expression and association.

The ground of the originating summons includes, “The plaintiff by virtue of sections 35, 39, 40, 41 and 46 under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and under the African Charter on Human and People’s Rights is entitled to enjoy his rights to personal liberty, freedom of movement, freedom of expression and freedom of association.

‘The Plaintiff, being a citizen of Nigeria, has the right to move freely without any inhibition, express his thoughts, associate freely, and enjoy his dignity without being harassed, intimidated,d, or hindered in any way or manner.

“The Defendants and their officers are rigorously attempting to violate the plaintiff’s fundamental rights to personal liberty, freedom of movement freedom of expression, and freedom of association by threatening and planning to intimidate, harass, molest, and unlawfully arrest and detain him on wilful instigation of some politicians within the All Progressives Congress who are hellbent on framing the Plaintiff in order to silence him, as part of the All Progressives Congress secret strategy to recapture Osun State and wrestle power from the Peoples Democratic Party in the State., come 2026.

“The National Chairman of the All Progressives Congress boastfully stated in Akure on the 20th October 2024 that the APC had a secret strategy to recapture Osun State from the Peoples Democratic Party but that he would not reveal the secret and his threatening statement was widely reported in the media.

“In what appears like the commencement of the secret political machinations, the agents of the Defendants, at the instance of some APC politicians and without having ever invited the Plaintiff, invaded the Plaintiff’s home on the 26th day of October 2024 in an attempt to unlawfully arrest, detain, harass and intimidate the Plaintiff but they failed because the Plaintiff was not in the country”

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Court Sacks MC Oluomo As NURTW National President

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The Court of Appeal has sacked Musiliu Akinsanya aka MC Oluomo as the National President of the National Union of Road Transport Workers (NURTW).

In a ruling that upheld the earlier judgment of the National Industrial Court, the appellate court sacked MC Oluomo and reaffirmed Tajudeen Baruwa as the legitimate leader of the union.

Baruwa had assumed office after a properly conducted election held at the union’s headquarters in Abuja.

The three-member panel of the Appeal Court dismissed the appeal filed by MC Oluomo’s faction, declaring it devoid of merit.

In addition, the court imposed a fine of N100,000 on the appellants, further solidifying Baruwa’s leadership position.

Reports quoting court documents said to have been released on Friday detailed the ruling, which effectively countered any attempts to displace Baruwa from his role as the NURTW president.

The judgment read: “This is an appeal against the judgment/decision of the National Industrial Court Sitting in Abuja, in Suit No. NICN/ABJ/263/2023, delivered on the 11th March, 2024, by Justice O. O. Oyewumi.

“Upon reading the Record of Appeal compiled and transmitted before this court, together with the respective briefs of argument, and after hearing the counsels for the appellants and respondents, it is hereby ordered that:

“This Appeal is devoid of merit, and the same is hereby dismissed.”

The ruling reinforces the legitimacy of Baruwa’s presidency, concluding the legal dispute over the union’s leadership.

Meanwhile, MC Oluomo’s son Idowu Akinsanya (King West) had bragged about his feat of emerging the NURTW president, saying: “We are now in charge of Nigeria, not only Lagos,” a comment that attracted public opprobrium.

MC Oluomo, a diehard supporter of President Bola Tinubu and a prominent figure in Lagos politics, was the sole candidate in the election, which took place at the union’s zonal secretariat in Osogbo. His perceived victory was deemed to carry significant implications for the future of the NURTW and the political landscape of Nigeria.

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