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Court Adjourns Ruling in Atiku, Keyamo Case

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The Federal High Court, Abuja, presided over by Honourable Justice James Omotosho, in Suit No: FHC/ABJ/CS/84/2023, on Tuesday May 3, 3023, adjourned for ruling, the preliminary objection filed by Prof. Mike Ozekhome, SAN, on behalf of Alhaji Atiku Abubakar, against the suit instituted against him by the Minister of State, for Labour and Employment, Mr. Festus Keyamo, SAN.

Atiku had through his counsel, Prof. Ozekhome, raised a preliminary objection to the suit to the effect that Keyamo lacks locus standi to file the suit, having not disclosed what he has suffered above other members of the public, especially as he filed the suit as a public officer using his public position. He said the Plaintiff had not disclosed any wrong done to him by Atiku, or what damage he had suffered, describing him as a busy body and meddlesome interloper. Atiku also argued that the suit disclosed no reasonable cause of action.

Atiku had, in the Preliminary Objection, urged the court to dismiss Keyamo’s suit which accused him of using an SPV to corruptly enrich himself while he was Vice President of Nigeria, as purportedly revealed in an affidavit allegedly deposed to by one Michael Achimugu. The allegation had led Keyamo to write to the EFCC, CCB and ICPC to investigate and prosecute Atiku. In addition, Keyamo filed the suit urging the court to direct the anti-graft agencies to prosecute Atiku as a public duty.

Atiku also argued through Ozekhome that the Plaintiff’s suit is incompetent having been filed without leave of the court being first sought and granted on a matter for judicial review, seeking an order of mandamus to compel public officers to perform their statutory duties.

He also argued that the Plaintiff’s suit constitutes a gross abuse of office, the Plaintiff being a public officer occupying a public office and using public funds to bring an action against a private individual to confer a private gain on himself and his political party.

Atiku also urged the court to dismiss and/or strike out the suit for not being initiated by due process of law; and the proper parties not being before the court, as the Attorney-General of the Federation who is the Chief Law Officer of the Federation vested with the prosecutorial powers of the Federation by the 1999 Constitution was not joined as a party to the suit. Ozekhome also urged the court to dismiss the case because it was statute-barred under the Public Officers Protection Act, LFN, 2004, as complaints involved allegedly took place between 1999 and 2007 when he was the Vice President of the Federal Republic of Nigeria, and while he acted in his capacity as a public officer.

The entire suit, Ozekhome also contended, was instituted in bad faith; constitutes an abuse of court process; and is frivolous and vexatious; and therefore constitutes a waste of the precious time of the court and the parties.

The EFCC in its preliminary objection, filed through its counsel, Samuel Okeleke Esq, also aligned with the argument of Atiku, that the case of the Plaintiff was for judicial review, yet he failed to seek the leave of court before filing same. ICPC on its own part contended in its preliminary objection filed by its counsel, O.B Odogbu Esq, that the acts complained about by the Plaintiff were done before the establishment Act of the Commission came into effect.

When the case came up for hearing before Justice Omotosho on 3rd May, 2023, Benson Igbanoi, Esq, holding Prof. Ozekhome’s brief and leading Okueyelegbe Sylvanus Maliki and others for Atiku, informed the court that the Plaintiff did not file any response to Atiku’s Preliminary Objection which was served on him since the 20th of February 2023 contrary to order 26 rule 4 of the Federal High Court (Civil Procedure) Rules, 2019, which provides that the Plaintiff shall respond to Atiku’s objection within seven (7) days from the said 20th February, 2023, when same was served on him. He urged the court to take the Preliminary Objection as unchallenged and strike out and or dismiss the case of the Plaintiff as the purported counter affidavit filed by the Plaintiff was incompetent. However, the Plaintiff through his counsel, O.C. Uju Azu, Esq. responded that by the provisions of order 29 Rule 4 of the rules of the court, his time to respond to the objection of Atiku only started running from the time the Originating Process was served on him personally. The court however wondered whether there was any rule of court that supports this argument, that a party cannot file a preliminary objection when he has knowledge of a suit against him before he is personally served the processes. The court after hearing argument on this, reserved ruling to the 5th of June, 2023, on the competence or otherwise of the counter affidavit of Keyamo to the Preliminary Objection of Atiku which was filed belatedly without leave of court, till the time when a composite ruling shall be delivered on all the Preliminary Objections filed by parties.

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Ex-CJN Tanko Mohammed is Dead

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A former Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad (retd.), is dead. He was aged 71

The former CJN reportedly died at a hospital in Saudi Arabia, about two weeks before his 72nd birthday on December 31.

Muhammad’s death was confirmed in a condolence statement on Tuesday in Abuja by the Nigerian Association of Muslim Law Students (NAMLAS).

In the statement titled “NAMLAS Condolence Message on the Passing of Hon. Justice Ibrahim Tanko Muhammad, GCON, Former Chief Justice of Nigeria,” the association described his passing as a significant loss for the country.

“Indeed, to Allah we belong, and to Him we shall return.

“The Nigeria Association of Muslim Law Students (NAMLAS), National Headquarters, Abuja, receives with profound sorrow the news of the passing of Honourable Justice Ibrahim Tanko Muhammad, GCON, former Chief Justice of Nigeria. His demise is a monumental loss to the Nigerian judiciary, the legal profession, the Muslim Ummah, and the nation at large,” NAMLAS said.

The association hailed Justice Muhammad as “a towering figure of integrity, humility, and unwavering commitment to justice.”

According to NAMLAS, throughout his judicial career, Muhammad “exemplified the highest ideals of the Bench—fairness, courage, and fidelity to the rule of law.”

“As Chief Justice of Nigeria, he discharged his responsibilities with wisdom and restraint, leaving behind a legacy of service that will continue to guide generations of legal practitioners,” the statement added.

Beyond his role on the Bench, the association noted the late jurist’s mentorship of young Muslim law students across the country.

“To NAMLAS, the late Chief Justice was more than a jurist; he was a fatherly pillar and a source of encouragement to Muslim law students across the country,” it said.

The association also highlighted that the deceased’s “support, moral guidance, and openness to the aspirations of young Muslim legal minds reflected his deep belief in mentorship, continuity, and the nurturing of future custodians of justice.”

It extended condolences to his family, the Nigerian judiciary, and the nation.

“We extend our heartfelt condolences to his family, the Nigerian Judiciary, the Government and people of Nigeria, and the entire Muslim Ummah”.

The association offered prayers for the repose of his soul, asking that Allah forgive his shortcomings, accept his good deeds, and grant him “the highest abode in Jannatul Firdaus.”

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Gowon is Not Dead, in Good Health, Aide Debunks Death Rumour

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Adeyeye Ajayi, Personal Assistant to former military Head of State, General Yakubu Gowon (rtd), has dismissed recent rumours on social media purporting the death of the ex-leader.

Ajayi described the rumour as false and misleading.

In a statement released on Sunday, Ajayi called on the public to disregard the reports, emphasizing that they are baseless and misleading. He stressed that the rumours only serve to create unnecessary panic and confusion among Nigerians.

He assured that General Gowon is in good health and continues to live an active life. He highlighted that the former Head of State has been attending public functions and engaging with various social and national initiatives.

Ajayi further described General Gowon as a continued voice of reason in Nigeria, noting his ongoing contributions to national dialogue and development.

He urged Nigerians to focus on credible news sources, and exercise caution before sharing unverified information online.

Social media platforms in recent days have seen multiple posts claiming that the 90-year-old ex-leader had passed away. Analysts and observers have warned that such false reports can cause unnecessary anxiety and undermine public trust in information.

Ajayi concluded by urging the public to celebrate the legacy and life of General Gowon while dismissing any unverified reports about his health. He reiterated that the former head of state remains active, healthy, and committed to supporting initiatives for Nigeria’s growth and progress.

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Accord Party Reaffirms Adeleke As Osun Guber Candidate

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The Chairman of Accord Party in Osun State, Pastor Babalola Akande, says the only legally recognised candidate of the party for the 2026 governorship election in the is Governor Ademola Adeleke.

Akande made the clarification against the backdrop of primaries conducted on Sunday by another faction of the Accord Party in Osogbo.

He described the primaries conducted by the factional Accord Party as an unlawful political charade, orchestrated by the opposition.

“Let it be stated clearly, categorically, and without equivocation that all the actors being named in the fictitious primary, are not members of our party.

“Some of them were expelled from the party since 2018 for alleged fraud and other acts inimical to the unity, discipline, and progress of the party.

“Such a character or any other in his shoes, therefore, possess no authority whatsoever; moral, political, or legal, to convene, announce, or participate in any activity conducted in the name of the Accord Party,” he said.

He said the party is not disturbed by crude impersonation and political mischief, stating that the public should, however, know the impersonators are affiliates of the opposition, acting as proxies to undermine the popularity of Adeleke.

“Let me state with absolute finality that Adeleke is the duly nominated and lawful governorship candidate of the Accord in Osun.

“This position is incontestable, irreversible, and firmly grounded in law, haven emerged through due process in accordance with the Constitution of the Accord, the Electoral Act 2022, and established judicial precedents.

“For the avoidance of doubt, the Accord hereby issues a formal and stern warning to all concerned.

“Under the Electoral Act 2022, only recognised political parties acting through their duly constituted organs can lawfully conduct congresses or primary elections, after giving proper notice to the Independent National Electoral Commission (INEC).

“Any primary conducted outside this framework is illegal, null, void, and of no legal consequence whatsoever,” he said.

He said any individual parading himself as a candidate of the Accord without lawful nomination would be committing a clear act of impersonation and electoral fraud, which is actionable both under the Electoral Act 2022 and relevant provisions of the Criminal Code and Penal laws of the Federal Republic of Nigeria.

He said that Adeleke remained the sole and legally recognised governorship candidate of the Accord in Osun, noting that “no parallel structure, impersonator, and contrived spectacle can alter legal reality”.

He urged residents to ignore the distractions, which he said, were the handiwork of politically displaced actors.

A factional Accord Party in Osun, on Sunday, announced Mr. Clement Bamigbola as its 2026 governorship candidate.

NAN

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