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Yusuf vs Gawuna: Tension As Supreme Court Sets Friday to Deliver Judgment

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There’s palpable tension in Kano State as the supreme court sets Friday, January 12, 2024 to deliver judgment in the Kano state governorship election appeals.

The apex court had reserved judgment after hearing the appeals on December 21.

In September, the Kano state governorship election petition tribunal sacked Yusuf as governor of the state.

The tribunal deducted 165,663 votes from the 1,019,602 recorded for Yusuf because the ballot papers (165,663) were not stamped, signed and dated as required by law.

The tribunal then declared Yusuf Gawuna of the APC as winner of the vote. 

Displeased with the verdict, the NNPP and its candidate challenged the judgment at the appellate court.

On November 17, the court of appeal upheld the tribunal’s verdict and added that Yusuf was not a member of the NNPP when he contested the election.

However, controversy trailed the verdict days later when a certified true copy (CTC) of the appeal court judgment surfaced, contradicting the November 17 ruling.

The copy of the judgment ruled against and in favour of the NNPP candidate simultaneously, eliciting outrage on social media platforms and the streets.

The appeal court had issued a statement hours later, blaming “clerical error” for the contradictions or discrepancies.

The NNPP then filed a notice of appeal before the supreme court, seeking to quash the appellate court’s judgment.

The APC on the other hand, filed a cross-appeal at the apex court, challenging the lower court for refusing to hold that Yusuf submitted a forged certificate to INEC.

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Borno Acts of Terror: Tinubu Orders Security Chiefs to Relocate to Maiduguri

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President Bola Tinubu has ordered security chiefs to relocate to Maiduguri, Borno State, where about 23 people were killed following explosions in the North-Eastern city, and has promised to track the perpetrators of the “acts of terror”.

President Bola Tinubu, in condemning the incident, described it as part of the “desperate and frantic attempts by criminals and terrorist elements trying to instil and spread fear” among people owing to pressure from security forces.

He said the government is beefing up security across the country and has “directed security chiefs to move to Maiduguri to take charge of the situation.

“I have also directed the emergency agencies to provide proper care for the injured,” Tinubu wrote in a statement on Tuesday.

The president said the incident is “profoundly upsetting” but warned that “There is no place in Nigeria where terrorists will find safety.

“We will locate them, confront them, and completely defeat them.”

See also  Troops kill two ‘terrorists’, recover weapons in Borno

“We will continue to intensify our efforts against all criminal elements, wherever they may be,” Tinubu promised.

He lauded the “courage and fighting spirit of our patriotic troops” for their efforts in repelling the “coordinated attacks by these terrorists on military positions in the state”.

Listing efforts by his administration, Tinubu said he recently “approved additional equipment and operational support to enhance their capabilities.

“This effort is already in progress,” he said.

Meanwhile, the Northern Senators’ Forum said it is “shocked and saddened by the devastating bomb explosions.”

While extending “heartfelt condolences to the government and people of Borno State,” the lawmakers assured that “everything will be done by the Federal Government to ensure that the people regain confidence in the City.”

“We pray for the speedy recovery of the injured and comfort for the families of the victims,” Abdulaziz Yar’Adua, the forum’s leader, said in a statement.

“We also call on all Nigerians to remain calm and support the efforts of the security agencies to bring the perpetrators to justice.”

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Court Threatens Bail Revocation, Arrest Against Sowore

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Justice Mohammed Umar of the Federal High Court of Abuja, has warned that he may revoke the bail granted to politician and online publisher, Omoyele Sowore, if he fails to appear at the next hearing in his ongoing trial over alleged cyberstalking.

The judge issued the warning on Thursday after the defendant and his legal team failed to appear in court for the scheduled proceedings.

Justice Umar said he would not hesitate to revoke Sowore’s bail and issue a bench warrant for his arrest if he fails to attend the next adjourned sitting.

“If the defendant fails to attend the next adjourned date, I will not hesitate to grant the prosecution’s request to revoke his bail and issue a warrant for his arrest,” the judge warned.

Sowore is being prosecuted by the Department of State Services> over alleged cybercrime offences ulinked to a social media post in which he described President Bola Tinubu as “a criminal” on his X and Facebook accounts.

At Thursday’s hearing, Sowore was absent, and none of his lawyers, reportedly about 30 in number, were present in court.

Counsel to the prosecution, Akinlolu Kehinde, told the court that the defence was expected to conclude its cross-examination of the first prosecution witness.

Kehinde argued that there was no justification for the absence of the defendant and his legal team, stating that both parties had been duly served hearing notices.

“I confirmed from the court’s registry that a hearing notice was served on the defendant through his team of lawyers, just as the prosecution was also served,” Kehinde told the court.

He added that the defendant, who was expected to be present at every sitting of the court, had neither appeared nor provided any explanation for his absence.

Citing Sections 352(1) and (2) of the Administration of Criminal Justice Act 2015, the prosecuting counsel urged the court to revoke Sowore’s bail and issue a bench warrant for his immediate arrest to ensure his presence in court.

However, in his ruling, Justice Umar acknowledged that Sowore had been properly served with the hearing notice but noted that the defendant had consistently attended court proceedings since the trial began late last year.

The judge also observed that previous adjournments in the case had occurred at the instance of both the prosecution and the defence.

On that basis, he said the defendant should be given the benefit of the doubt since it was the first time he had failed to appear for trial.

“The defendant has always attended court since the commencement of the case,” Justice Umar said, noting that it would be fair to give him the benefit of the doubt.

The court subsequently adjourned the matter until March 16 for continuation of trial and ordered that another hearing notice be issued to Sowore.

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LPDC Dismisses Complaints Against Deputy Speaker Kalu

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The Legal Practitioners Disciplinary Committee (LPDC) has dismissed a complaint filed against Deputy Speaker of the House of Representatives, Rt. Hon. Benjamin Okezie Kalu, stating that no prima facie case was established against him.

A certified true copy of the committee’s ruling, with reference number BB/LPDC/1954/2026, was made available to journalists, effectively closing the matter.

The ruling, signed by Umeh Kalu (SAN,) a senior member of the LPDC panel, delivered a decisive verdict in favour of the respondent.

The LPDC panel, in a thorough and unambiguous opinion, stated that it found the complaint fundamentally flawed both procedurally and substantively.

“The Statement of Facts was erroneously addressed to the Chairman of the Legal Practitioners Privileges Committee rather than the Chairman of the LPDC, as required under Rule 4 of the LPDC Rules, 2020.

“While we chose to overlook this error, it could not rescue the complaint on merit,” the panel stated.

On the allegations relating to NYSC participation, Nigerian Law School training, and enrollment at the Supreme Court, the panel said they fell entirely outside the LPDC’s jurisdiction.

“The LPDC is established solely to regulate the professional conduct of enrolled legal practitioners in the discharge of their duties to the public, as provided under Section 10 of the Legal Practitioners Act.

“The LPDC cannot interrogate the operations of the Nigerian Law School, the Council of Legal Education, the NYSC, or the Body of Benchers,” the ruling stated categorically.

The panel further noted that the alleged infractions, even if true, occurred before the respondent was called to the Bar, placing them squarely beyond the LPDC’s inquisitorial reach.

Recall that a lawyer, Barr. John Aikpokpo Martins, had alleged that Hon. Kalu, formerly known as Benjamin Okezie Osisiogu before a legal name change. had simultaneously participated in the National Youth Service Corps (NYSC) scheme while attending the Nigerian Law School, in alleged violation of the NYSC Act.

The applicant further alleged that this dual participation amounted to false declarations, which he claimed formed the basis of the respondent’s call to the Bar on September 6, 2011, and subsequent enrollment on the Roll of Legal Practitioners at the Supreme Court of Nigeria on October 5, 2011.

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