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Just In: Court Voids Uche Nwosu’s Governorship Candidature

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The Federal High Court in Abuja on Monday ordered the Independent National Electoral Commission to remove the name of Uche Nwosu as a governorship candidate in the last election held in Imo State.

Justice Inyang Ekwo voided Nwosu’s candidacy on the grounds of double nomination by two political parties, the All Progressives Congress and the Action Alliance,  in violation of section 37 of the Electoral Act.

This came as Nwosu, a son-in-law to the immediate-past governor of Imo State, Rochas Okorocha, is currently pursuing an election petition at the state’s Governorship Election Petition Tribunal, as the candidate of Action Alliance, challenging the victory of the Peoples Democratic Party and its candidate, Emeka Ihedioha, in the March 11, 2019 poll.

In his judgment on Monday, Justice Ekwo upheld the the case of the plaintiffs, the Action People’s Party and its Deputy National Chairman, Mr. Uche Nnadi, to the effect that Nwosu’s governorship candidature was null and void on the grounds of multiplicity of nominations as the governorship candidate of both the APC and AA.

Justice Ekwo declared that the nomination of Nwosu by AA as a governorship candidate “is invalid, null and void, having been made at the pendency of similar nomination of the 2nd defendant (Nwosu) by the All Progressives Congress for the same position”.

The judge noted that Nwosu affirmed to be the APC’s governorship candidate in his statement on oath sworn before the High Court of the Federal Capital Territory.

The judge similarly declared that Nwosu “has not been validly nominated by the 3rd defendant (AA) as its governorship candidate for the Imo State governorship election having been made at the pendency of the order of Justice Valentine Ashi of the Abuja High Court recognising the 2nd defendant as the candidate of the All Progressives Congress for the Imo State 2019 governorship election.”

He noted that Nwosu participated in the APC’s primary held on October 6, 2018 and was subsequently nominated as the party’s governorship candidate.

While laying claim to the APC’s governorship ticket, amidst stiff opposition from members of the party, he was said to have on October 9, 2018, obtained an order of Justice Valentine Ashi (now deceased) of the High Court of the Federal Capital Territory, Abuja, recognising him as the valid candidate of the party.

In the midst of this, Nwosu was also offered the ticket of the AA.

Delivering judgment on the plaintiffs’ case on Monday, Justice Ekwo said, “There is no controversy that, on October 6, 2018, the 2nd defendant (Nwosu) had himself nominated as the governorship candidate of the APC.

“Furthermore, there is no controversy that, to secure his nomination by the APC, the 2nd defendant on October 9, 2019, obtained an order of the High Court of the Federal High Court which subsists having not been set aside.”

Justice Ekwo held that Nwosu, through his lawyers, failed to offer any valid rebuttal to the plaintiffs’ evidence that he was nominated by both the APC and the AA, while INEC filed no papers in the case.

The judge ruled, “It is illegal in the eyes of the law. No one is allowed to benefit from an illegal act.

“The 2nd defendant allowed himself to be nominated by the APC and the 3rd defendant (AA).”

He, therefore, said,  “It is hereby declared that the nomination of the 2nd defendant by the All Progressives Congress and Action Alliance, the 3rd defendant, is invalid, null and void and constitute a violation of section 37 of the Electoral Act 2010 (as amended).

“An order of this honourable court is hereby made directing the 1st defendant (INEC) to remove the name of the 2nd defendant (Nwosu) as the governorship of the 3rd defendant (AA) in the 2019 Imo State governorship election for multiple nomination in violation of the provision of section 37 of the Electoral Act 2018 (as amended).

“An order of this honourable court is hereby made restraining the 1st defendant (INEC) from recognising the 2nd defendant (Nwosu) as the governorship of the 3rd defendant (AA) and/or any other political party for the 2019 Imo State governorship election

“An order of this honourable court is hereby made restraining the 1st defendant (INEC) from giving value to any act done in pursuance of the 2nd defendant purported candidature of the 3rd defendant (AA) and/or any other political party in the 2019 Imo State governorship election.”

The judge earlier dismissed Nwosu’s preliminary objection and picked holes in the defence he and the AA separately filed against the substantive suit.

Dismissing the preliminary objection, Justice Ekwo ruled that the provision section 285(9) of the Constitution which stipulates that a pre-election case must be filed within 14 days of the occurrence of the event being complained of, was not applicable to the case.

The plaintiffs, APP and Nnadi, filed their suit marked FHC/ABJ/CS/235/2019 on February 27, 2019.

But Justice Ekwo held that the intention of section 285(9) of the Constitution cited by Nwosu’s legal team was not to make the court “to gloss over all acts prohibited by the Electoral Act”.

He added, “It will mean that section 285(9) of the Constitution is capable, by effect, of allowing a void, illegal or prohibited act to stand and the person behind the act to benefit from the act that is void ab initio.

“It must be said that an illegal or prohibited act does not become legal by virtue of being time-barred,” the judge added.

He also ruled that the suit was not an abuse of court processes since it was filed to seek an interpretation of the provision of the Electoral Act.

He also held that by virtue of the provision of section 37 of the Electoral Act, the plaintiffs, despite that they did not participate in the election, possessed the locus standi (legal right) to file their suit.

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Okuama Massacre: Military Declares Eight Persons Wanted

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The Defence Headquarters has declared eight persons wanted over their roles in the recent killing of 17 military personnel in Delta State.

The military released the list on Thursday at a briefing in Abuja.

Those declared wanted are Prof. Ekpekpo Arthur, Andaowei Dennis Bakriri, Akevwru Daniel Omotegbo (Aka Amagben), Akata Malawa David, Sinclear Oliki, Clement Ikolo Oghenerukeywe, Reuben Baru, and Igoli Ebi.

During the briefing, the Director, Defence Media Operations, Major General Edward Buba, called on Nigerians especially residents of Delta and adjoining states to assist the military with credible information that would lead to the arrest of eight persons allegedly responsible for the killing of seventeen soldiers in Okuama community in Delta State.

General Buba says the military remains determined to fish out the perpetrators of the heinous act in Delta State, reaffirming its commitment to rescue all kidnapped and abducted victims in Nigeria.

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How CJMR Has Championed Restoration of Justice to Unjustly Incarcerated, Condemned – Founder, Olujobi

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By Eric Elezuo

“At CJMR, we stand firm on our scriptural foundation: ‘Speak up for those who cannot speak for themselves, ensure justice for those being crushed. Yes, speak up for the poor and helpless, and see that they get justice…,” Pastor Olujobi 

Most citizens of the world are endowed with milk of human kindness, and are ever ready to lend a helping hand to folks in need, either for cash or kind. One of these citizens is a Nigerian of special breed, filled with compassion and zeal to assist wrongfully detained persons to regain their freedom. He is Mr. Hezekiah Olujobi, who is leading the fight against wrongful detention and elongated detention without trial with his Non-Governmental Organization, the Centre for Justice, Mercy and Reconciliation (CJMR).

The CJMR as stated, is NGO dedicated to promoting human rights and advocacy within the Nigeria Correctional Service and strengthening the rule of law in Nigeria Criminal Justice System, according to the Founder, Mr. Olujobi.

“Our area of focus are Advocacy, Alternative Dispute Resolution, Investigation, Cases review, Rehabilitation of individual upon freedom and Restorative Justice in Criminal Matter,” he added.

The CJMR as an organization, was established in 1999, and was officially registered in 2009. It has since then accumulated an enviable and proven track record of facilitating the release of individuals from death row, some of whom had been unjustly incarcerated for 18 to 28 years.

“Additionally, over 600 inmates have been freed from illegal detention after 4 to 12 years without trial. The organization has also established a Halfway Home that has benefited over 300 individuals.

“Our activities cut across the Correctional service in South West: Oyo, Odun , Ogun and Lagos States. We still have over 100 cases for intervention including 10 people on death row whom we strongly believed they are victims of wrongful conviction,” Olujobi stressed.

Hezekiah Olujobi, also known as a Pastor, for his vocation as a preacher of the gospel, who is the founder of CJMR, is currently working on two books to project the work of the organization so far.

The first, “Their Stories Behind Bars,” is a collection of narratives from individuals wrongfully sentenced to death and how the organization helped secure their rrlease, while the second book, “Their Hurts and Unforgettable Memories,” delves into the stories of victims and offenders, exploring their deep hurts and the healing process through restorative justice.

The following stories below as told by Pastor Olujobi, carefully epitomizes how far the NGO has gone to put smiles on the faces of individuals, who have otherwise lost hope of ever living their lives among free people again

Olaniyi Emiola’s Wrongful Conviction: My Belief in His Innocence

Olaniyi Emiola was sentenced to death based on witness testimony that was a case of mistaken identity. The armed robber apprehended at the crime scene insisted he was not the person being referred to and claimed he did not know Emiola at all. However, one of the victims, who recognized Emiola by the name “Abija,” insisted that he was the culprit. Emiola was known in the streets as “Abija,” not “Niyi,” yet the robber mentioned a “Femi Niyi,” not “Abija.” The man in question is Olaniyi Emiola, not Femi Niyi. During the trial, it was claimed that the robber identified the house of their leader to them, who is known as Abija,

In this controversial case, the conclusion of judgment of my noble lord, Hon Justice Jimoh of the Tribunal Court, was as follows:

“It is our considered judgment that the discovery of the second accused in the house pointed out by the first accused to the prosecution, and the discovery of the stolen items in the house shown to the police by the first accused, are admissible and well taken. Referencing R. v. Garbett (1847) 2 C & K 474 and R. v. Treacy (1945) 30 CAR 93, with these authorities in view, the second accused has been properly identified and linked with the commission of the crime charged.

Since the prosecution has adduced sufficient evidence to place the second accused at the scene at the material time, his alibi defense is logically and physically demolished.

This was established by the Supreme Court in the cases of Patrick Njovens vs. The State (1973) 5 SC 17 at 65 and Christian Nwosisi v. The State (1976) 6 SC 109 at 112.

It is my considered judgment that since the defense of the second accused has failed and, by the acceptable evidence of the prosecution witnesses, the accused has fallen into the warm embrace of the law, and I so hold.

SENTENCE: OLANIYI EMIOLA – The sentence of the Tribunal upon you is that you be hanged by the neck until you are dead or suffer death by firing squad, as the Administrator of this State may direct. May the Lord have mercy on your soul.”

This was the judgment that sent a man to darkness and anguish, leaving him to await execution in a solitary cell for 11 years without the right to appeal, luckily for him, the abolition of execution was announced in Nigeria.

Reprieve came when we visited Kirikiri Maximum Security Prison in 2007. We investigated the matter by analyzing the entire judgment and all the contents of the case file. We took up his case, amplified his voice of innocence, and refuted all the arguments in light of the existing facts recorded in the judgement.

Olaniyi Emiola was finally set free in January 2011, after 17 years had been wrongfully taken from his life.

One can only imagine what would have happened if execution had not been abolished in Nigeria.

CJMR’s Advocacy visit to the Oyo State Attorney General

The organisation has also taken its advocacy to the Attorney General’s office in Oyo State, and achieved certain parameters as represented in the narrative below:

“On Wednesday, March 20, 2024, the Committee for Centre for Justice Mercy and Reconciliation (CJMR) conducted an advocacy visit to the office of the Oyo State Attorney General. The purpose of the visit was to highlight the plight of numerous inmates who have been denied justice and are enduring the prolonged anguish of indefinite trials for capital offenses.

The primary goal of the visit was to bring to the Attorney General’s attention specific cases of individuals who appear to have been wrongfully accused of capital offenses and have been languishing in detention since 2015 without legal advice. Additionally, there are those who have been repeatedly taken to the High Court since 2017 without the prosecution presenting a single witness.

In a recent development on March 18 and 19, 2024, the Oyo State Chief Judge, Honorable Justice Iyabo Yerima, visited the custodial centers in Ibadan and Oyo. She firmly resolved not to address any capital offense cases, maintaining her stance throughout the jail delivery exercise. Consequently, 32 inmates were released from Agodi and 38 from Oyo, totaling 70 releases from facilities that house 1,250 and 827 inmates, respectively. The data clearly indicates that a significant proportion of detainees charged with capital offenses remain unaddressed.

Pastor Olujobi further noted that “During the CJMR’s visit, seven recommendations were proposed to enhance the efficiency of justice delivery by the Attorney General’s office, and a list of 32 individuals awaiting legal advice was submitted.”

The Attorney General, known for his humility and activism, pledged to collaborate with the CJMR.

He further acknowledged that “It is a profound injustice for individuals, even those apprehended with substantial evidence, to be detained indefinitely, risking the degradation of evidence and waning interest or resolve of witnesses. The slow turn of the justice system’s wheels can erode its very foundation.

“Similarly, it is an injustice for an innocent person to endure punishment due to procedural delays or inefficiencies.

The presumption of innocence until proven guilty is a fundamental principle of democratic societies, yet it is undermined when the process to establish innocence is plagued by excessive delays. The time for change is now.

Olujobi is also of the view that “The judiciary must move beyond a confessionary-based approach to prison decongestion and focus on those unjustly detained for capital offenses.”

From Darkness to Light: The Unraveling of Injustice and the Triumph of Freedom for Olusola Adepetu after 26 years behind bar

In this scenario, the police conducted a comprehensive investigation, and the defense attorney performed admirably. However, despite these efforts, the judge appeared to succumb to public pressure, reminiscent of Pontius Pilate’s historical decision, resulting in Olusola Adepetu being wrongfully sentenced to death.

Tragically, this miscarriage of justice led to the loss of 26 years of Adepetu’s life.

The appellant, a native of Ondo state was 34 years old at the time of his arrest, a father of 4 children with a broken home.

He was the owner of Olusola Naturalist Hospital. He was a Guru in herbal traditional-medicine, very popular with radio and television advertisements.

He cures all manner of ailment, he was a highlife socialite, he was a member of special marshal of Federal Road Safety Commission, due to the nature of his work as herbal traditional medicine healer he was highly connected with people in high places who always patronized him and in the world ravaged with deceases people always throng his office to seek healing for their ailments.

He is not a medical doctor but always referred to as Doctor Olusola.

All of a sudden, the light of his fame and popularity went off, he was enveloped with thick darkness. For a good 26 years he never walks under the moon nor is beaten by rain.

What happened?

His girlfriend was murdered in a mysterious way, three days later, her dead body was recovered by the police at the Express way, Sanyo, Ibadan and deposited at mortuary in Adeoyo state Hospital. Who must have done this?

Nobody knows till today. The relations who were in the shop of the father of his girlfriend who saw him when he came to pick the deceased and the bar man who saw him the previous day with the deceased pointed touch light on him.

Upon his arrest, rumors went round the whole city like wildfire and consumed the heart of men, same Radio and Television stations where his advertisements were being jingled, announced his arrest, all kinds of rumors went round the city, his case became a celebrated case.

He was consumed by the public adverse opinion.

With all kinds of rumors, the death of the lady was attributed to ritual killing, some said he cut the breast of the lady, some said he cut her private part for the ritual purpose.

At every court adjournment the whole court room and the premises will always be filled up with people. The case attracted the public interest. Like Pontius Pilate, the judge has no choice than to deliver the innocent man as a sacrificial lamb not for the world but for his likely hidden sin.

Light shines on his path again, when we unravel the case file documents with the dissenting judgement and the man regains his freedom after 26 years.

The critical question is: Who will advocate for the poor and helpless? It is us;
The Chief Judge, Attorney General, Commissioner of Police, and all stakeholders must be involved. And this where CJMR comes in, and the organization are doing it.

“We therefore call for wholesome assistance from all and sundry to sustain the tempo, and help our people, who graciously need the assistance,” Olujobi concluded.

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Binance Executive Detained in Nigeria Escapes from Custody

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One of the two Binance executives detained in Nigeria for alleged tax evasion and other offences, Nadeem Anjarwalla, has escaped from lawful custody, according to PREMIUM TIMES report.

Our sources said Mr Anjarwalla, 38, escaped on Friday, 22 March, from the Abuja guest house where he and his colleague were detained after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast.

The Briton, who also has Kenyan citizenship, is believed to have flown out of Abuja using a Middle East airliner.

It remains unclear how Mr Anjarwalla got on an international flight despite his British passport, with which he entered Nigeria, remaining in the custody of the Nigerian authorities.

Authorities are also said to be working to unravel his intended destination in a bid to get him back into custody.

An Immigration official said the Binance executive fled Nigeria on a Kenyan passport. He, however, said authorities were trying to determine how he obtained the passport, given that he had no other travel document (apart from the British passport) on him when he was taken into custody.

Another source said the two officials were held at a “comfortable guest house” and allowed many rights, including the use of telephones, a privilege Mr Anjarwalla is believed to have exploited to plot an escape.

When contacted Sunday night on the escape of the Binance executive from detention, the Head of Strategic Communication at the Office of the National Security Adviser, Zakari Mijinyawa, said he would enquire and revert. He has yet to do so as of the time of filing this report.

Mr Anjarwalla, Binance’s Africa regional manager, and Tigran Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, were detained upon their arrival in Nigeria on 26 February 2024.

A criminal charge was filed against the two executives before a Magistrate Court in Abuja. On 28 February 2024, the court granted the Economic and Financial Crimes Commission (EFCC) an order to remand the duo for 14 days. The court also ordered Binance to provide the Nigerian government with the data/information of Nigerians trading on its platform.

Following Binance’s refusal to comply with the order, the court extended the remand of the officials for an additional 14 days to prevent them from tampering with evidence. The court then adjourned the case till 4 April 2024.

Also on 22 March, the Nigerian government approached the Federal High Court in Abuja and slammed another four-count charge on Binance Holdings Limited, Mr Anjarwalla and Mr Gambaryan, accusing them of offering services to subscribers on their platform while failing to register with the Federal Inland Revenue Service to pay all relevant taxes administered by the Service and in so doing, committed an offence, contrary to and punishable under Section 8 of the Value Added Tax Act of 1993 (as Amended).

The defendants were also accused of offering taxable services to subscribers on their trading platform while failing to issue invoices to those subscribers to determine and pay their value-added taxes and, in so doing, committed an offence contrary to and punishable under S.29 of the Value Added Tax Act of 1993 (as amended).

Count Three of the charges accused the three defendants of offering services to subscribers on their Binance trading platform for the buying and selling of cryptocurrencies and the remittance and transfer of those assets while failing to deduct the necessary Value Added Taxes arising from their operations and thereby committing an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

The last count of the charges wants the defendants punished for allegedly aiding and abetting subscribers on their Binance trading platform to unlawfully refuse to pay taxes or neglect to pay those taxes and, in so doing, committing an offence contrary to and punishable under the provisions of S.94 of the Companies Income Tax Act (as amended).

The Nigerian government had, in the past three months, been cracking down on suspected money launderers and terrorism financiers, some of whom it alleged are using the Binance platform for criminal activities

The Nigerian government said over $21.6 billion was traded by Nigerians whose identities were concealed by Binance.

Source: Premium Times

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