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Appeal Court Overrules Tribunal, Declares Thaddeus Attah Duly Elected

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The Appeal Court, Lagos Division, on Thursday, reaffirmed Thaddeus Attah, of the Labour Party as the duly elected House of Representatives member representing Eti Osa Federal Constituency in Lagos State.

The National Assembly Election Petitions Tribunal which sat at the Tafawa Balewa Square, Lagos, had earlier invalidated Atta’s victory. Attah who hails from Ekperi in Etsako Central LGA of State briefed Prof Mike Ozekhome, SAN, to appeal against the tribunal judgment on his behalf. Ozekhome filed and argued the appeal before the three-member panel of the Court of Appeal,which on Thursday in Lagos set aside the previous decision by the National Assembly Elections Petition Tribunal.

The panel, in its unanimous decision, agreed with Ozekhome and held that the lower tribunal erred when it relied on the evidence of witnesses who were not party agents where elections were held or where elections were cancelled,but only came to tender Form EC 8 which they did not author before the court.

The appellate court further held that for the tribunal to conclude that the margin of votes where elections were not held or were cancelled can sway the votes cast, the list of registered voters must be presented before it. This was not done.

In addition, the court held that the “Voters’ register was never placed before the lower tribunal”, adding that the tribunal merely relied on Form EC 8 brought by witnesses who were not even the makers.

The court also held that the elections were conclusive and faulted the tribunal’s directive to the Independent National Electoral Commission to conduct a supplementary election within 90 days in specific polling units.

On the whole, the Appeal Court wholly set aside the judgment of the lower tribunal.
The National Assembly Election Petitions Tribunal sitting in Tafawa Balewa Square, Lagos, had, in a unanimous judgment, declared the elections inconclusive and ordered INEC to conduct a supplementary election within 90 days in 33 polling units where elections did not hold.

The Peoples Democratic Party candidate Bankole Wellington (Banky W), who was declared second in the polls, and the All Progressives Congress’s Ibrahim Obanikoro, had both filed petitions to challenge the elections of February 25, 2023.

INEC had declared Attah winner of the February 25 election, having scored 24,075 votes, while Banky W who was represented at the Court of Appeal by Chief Kemi Pinhero,SAN, scored 18,668; Obanikoro represented by Chief Abiodun Owoniko, SAN, scored 16,901 votes, respectively.
In his petition, Banky W had argued that the respondent was, at the time of the election, not qualified to contest the election and that the election was invalid because of corrupt practices and non-compliance with the provisions of the Electoral Act 2022.
The popular music artist and actor had also contended that the Labour Party candidate was not duly elected by a majority of the lawful votes cast at the election.
Reacting to the judgment, Ibrahim Obanikoro in his X handle formerly Twitter, said, “I would like to congratulate Representative Jude Thaddeus Attah on his victory at the appeal court today.

“Let’s throw our support for him so that he will give us a good representation for the next four years in Eti-Osa.”

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Appeal Court Affirms Ruling Barring VIO from Impounding Vehicles, Fining Motorists

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The Court of Appeal in Abuja on Thursday upheld the judgment that stopped the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.

In a unanimous decision by a three-member panel, the appellate court found no basis to set aside the Federal High Court’s ruling of October 16, 2024, which restrained the VIO from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered in the lead judgment.

The high court had earlier ruled, in a judgment by Justice Nkeonye Maha, that no law authorizes the VIO to stop motorists, impound vehicles, or impose penalties for alleged traffic offences.

The case arose from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by lawyer Abubakar Marshal.

Marshal informed the court that VIO officials stopped him at Jabi in Abuja on December 12, 2023, and seized his vehicle without lawful reason. He asked the court to determine whether their actions violated his rights.

Justice Maha agreed and ordered the VIO and its agents not to impound vehicles or impose fines on motorists, describing the actions as unlawful. She held that only a court can impose fines or sanctions.

She ruled that the VIO’s conduct breached the applicant’s constitutional right to property under Section 42 of the 1999 Constitution and Article 14 of the African Charter. She further held that the VIO has no legal authority to seize vehicles or penalize motorists, as doing so infringes on rights to fair hearing, movement and presumption of innocence.

Although Marshal, represented by Femi Falana, SAN, requested ₦500 million in damages and a public apology, the court awarded ₦2.5 million.

The Directorate of Road Traffic Services, its Director, its Abuja Area Commander at the time (identified as Mr. Leo), team leader Solomon Onoja, and the FCT Minister were listed as respondents.

They appealed the decision, but the Court of Appeal dismissed the appeal.

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Tinubu Nominates Ibas, Dambazau, Enang, Ohakim As Ambassadors

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President Bola Tinubu has nominated Ibok-Ete Ekwe Ibas, the immediate past sole administrator of Rivers State and a former Chief of Naval Staff, as a non-career ambassador.

Tinubu also nominated Ita Enang, a former senator; Chioma Ohakim, former First Lady of Imo State; and Abdulrahman Dambazau, former Minister of Interior and ex-Chief of Army Staff, as non-career ambassadors.

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Senate Confirms Chris Musa As New Defence Minister

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The Nigerian Senate has confirmed General Christopher Musa, the former Chief of Defence Staff, as the country’s new Minister of Defence.

The announcement was contained in a statement by Bayo Onanuga, Special Adviser on Information and Strategy to President Bola Tinubu.

Musa, who retired from the military just 40 days ago, was nominated by President Tinubu on Tuesday to succeed former Defence Minister Mohammed Badaru Abubakar, who stepped down on health grounds.

According to Onanuga’s statement, the Senate approved Musa’s appointment on Wednesday through a voice vote, following a thorough screening session during which lawmakers posed numerous questions.

“Senate confirms Gen. Christopher Musa as Minister of Defence The Senate has confirmed the former Chief of Defence Staff, Gen. Christopher Musa, as the Minister of Defence. The Senate confirmed Musa on Wednesday via a voice vote after a rigorous screening session in which lawmakers asked him many questions,” the statement read in part.

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