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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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Army Buries 17 Personnel Killed in Okuama Community

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The 17 military personnel killed in Okuama community in Delta on March 14 have been laid to rest.

The corpses of the soldiers, which arrived at the National Military Cemetery in Abuja at about 2:26 pm on Wednesday, were committed to mother death after burial rites were observed.

President Bola Tinubu, Service Chiefs and other dignitaries were in attendance at the burial ceremony.

DAILY POST recalls that the troops of 181 Amphibious Batallion, Bomadi Local Government Area of Delta State, while on a peace mission to Okuoma Community were ambushed and killed by some irate youths.

The incident occurred when the troops responded to a distress call following a communal crisis between Okuoma and Okoloba communities in Delta State.

The personnel comprised one Lieutenant Colonel, two Majors, one Captain and 13 soldiers.

The officers are Commanding Officer 181 Amphibious Battalion, Lt. Col. A.H Ali; Maj S.D Shafa (N/13976); Maj D.E Obi (N/14395) and Capt U Zakari (N/16348).

The soldiers are SSgt Yahaya Saidu (#3NA/36/2974); Cpl Yahaya Danbaba (1ONA/65/7274); Cpl Kabiru Bashir (11NA/66/9853); LCpl Bulus Haruna (16NA/TS/5844); LCpl Sola Opeyemi (17NA/760719); and LCpl Bello Anas (17NA/76/290).

They also include LCpl Hamman Peter (NA/T82653); LCpl Ibrahim Abdullahi (18NA/77/1191); Pte Alhaji Isah (17NA/76/6079); Pte Clement Francis (19NA/78/0911); Pte Abubakar Ali (19NA/78/2162); Pte Ibrahim Adamu (19NA/78/6079) and Pte Adamu Ibrahim (21NA/80/4795).

DailyPost

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Thomas Yormah Emerges As New WAEC Chairman

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By Eric Elezuo

The West Africa Examinations Council (WAEC) has a new Chairman, he is Prof. Thomas Brima Rick Yormah, a former Deputy Vice Chancellor of the Fourah Bay College and former Pro ViceChancellor, University of Sierra Leone as the 21st Chairman of Council.

According to a statement signed by Demianus G. Ojijeogu, the Head, Public Affairs, WAEC Headquarters, Accra, Ghana, Yormah was elected during the just concluded 72nd Annual Council Meeting of the body, held in Freetown, Sierra Leone. He succeeds Prof. Ato Essuman from the Republic of Ghana.

The highpoint of the week-long Council meeting was the recognition and honoring of three Ghanaian candidates with the WAEC International Excellence Award for their outstanding performance in the WASSCE for School Candidates, 2023. They were Master Amo-Kodieh Leonard Kofi, (1st Prize), Master Dzandu Selorm, (2nd Prize), and Master Asenso-Gyambibi Daniel (3rd Prize). The three candidates were selected from 2,327,342 who sat the examination in The Gambia, Ghana, Liberia, Nigeria, and Sierra Leone.

In the same vein, the Augustus Bandele Oyediran Award for the Best Candidate in West Africa, 2023 also went to Master Amo-Kodieh Leonard Kofi. In addition, two candidates from the Republic of Sierra Leone were honoured with the National Distinction, while one candidate received the National Merit Award. They were Miss. Mammah E. A. Raymonda, (1st Prize), Master Bangura Joshua, (2nd Prize), and Master Fillie Sahr Edward (Merit Award).

While the 71st edition of the Council meeting was hosted by Gambia, the next edition, which will be the 73rd in the series, will be hosted by Liberia.

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Kidnapped Edo PDP Chairman Regains Freedom

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The kidnapped chairman of the Peoples Democratic Party (PDP) in Edo State, Dr. Tony Aziegbemi, has been released.

Dr. Aziegbemi, who was set free by his abductors in the early hours of Tuesday, March 26, 2024. Report has it that he got to his Benin City residence at about 3am to the waiting arms of family and close friends.

“I am back home with my family. I am fine. I am just trying to rest and will talk to you later,” he was quoted as saying.

Dr. Aziegbemi, a former member of the House of Representatives, who represented Esan North-East/Esan South-East federal constituency of Edo State, was kidnapped on Friday, March 15, 2024 when his abductors who rode in two Toyota Corolla cars, trailed him after he left a meeting.

The gunmen overtook Aziegbemi’s sports utility vehicle (SUV) at a speed break as it slowed down along Osaro Street, off Country Home Road, close to his house at about 11pm on Friday night before seizing him.

It is not clear yet if a ransom was paid for his release as the abductors had reportedly demanded a sum of N50 million before setting him free.

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