...As Obaseki, PDP Withhold Consent For Any Proceedings During Christmas Vacation
The Federal High Court sitting in Abuja on Wednesday ordered the All Progressive Congress (APC) to open its case against Edo State Governor, Mr. Godwin Obaseki in the alleged certificate forgery suit preferred against him.
This was after the court refused to stay proceedings in the suit as requested by the Governor and the People’s Democratic Party (PDP). But INEC said it would abide by the decision of the court.
Igbere TV reports that Justice Ahmed Mohammed in his ruling said the court will comply with the order of the Court of Appeal directing the court to continue with the trial on day to day basis.
The judge observed that his court will continue with the trial as directed by the Court of Appeal until the order is set aside by any other court of competent jurisdiction.
Justice Mohammed noted that his court must obey the hierarchy of courts in line with the provisions of the law.
He held that given the order of the Court of Appeal and the nature of the case, the Christmas vacation is not enough ground to stay proceedings.
Accordingly, the court directed the plaintiff to open and close his case within two days beginning from Thursday, December 24 to Tuesday, December 29.
It equally gave the defendants two days to open and conclude their defence effective from Wednesday 30 to Thursday 31 of December 2020.
Igbere TV recalls that the APC had accused the governor of forging his university certificate presented to INEC in aid of his qualification for the governorship election in Edo State.
The party also claimed that there are discrepancies in the subject Obaseki claimed he passed in his West African Examinations Council (WAEC) exam.
The APC, in the suit marked FHC/B/CS/74/2020, prayed the court for an order disqualifying Obaseki from contesting the September 19 governorship election in Edo State on the grounds that he supplied false information on oath to INEC, an act said to be contrary to Section 31(5) and (6) of the Electoral Act, 2010.
Earlier, counsel to the plaintiff, Chief Akin Olujimi, SAN, had informed the court about the ruling of the Court of Appeal on December 16, 2020, directing the trial court to proceed with the trial after dismissing the application for stay of execution brought by the governor, Godwin Obaseki.
He urged the court to proceed with the trial in compliance with the ruling of the Abuja division of the Court of Appeal.
But in opposition, counsel to the governor Obaseki, Ken Mozia, SAN, urged the court not to proceed with the trial as his client has entered an appeal at the Supreme Court against the decision of the Court of Appeal, including an application to stay further proceedings on the matter.
He urged the court in the circumstances, to tarry a while and await the decision of the Supreme Court on the appeal.
“My lord, the first defendant not satisfied with the decision of the Court of Appeal, has filed an appeal against the ruling and the consequential orders to the Supreme Court, which is the final court,’ he said.
“The notice of appeal has been duly served on the parties in this case. Also, the record of appeal from the Court of Appeal has been duly transmitted to the Supreme Court, where it has been entered as appeal No: SC/C6/989/2020, and copies of the notice of appeal, the application for stay and other reliefs earlier mentioned are all exhibited in an affidavit deposed to by Abraham Olajide.
“Also exhibited are the enrolled orders to appeals nos: CA/B/128/2020 and CA/B/128a/2020, the Court of Appeal Benin after delivering judgment directed the state High Court to continue with proceedings in suit No. FHC/B/CS/48/2020, between Kenneth Asekomeh and Another V All Progressive Congress (APC), and 3 others, where despite that order, the counsel to the defendant still filed an appeal at the Supreme Court and followed it up to the Federal High Court with an application for stay of proceedings and insisted that the Federal High Court await the determination of the appeal at the Supreme Court.
“The Federal High Court acceded to that request, they cannot honestly ask this court to proceed having posited that the Federal High Court must wait, they have a duty to continue to maintain that position to say that the Federal High Court is obliged to await the determination of the appeal before the Supreme Court.’
He argued that once a party has taken steps to contest a decision of Court of Appeal by way of a further appeal to the Supreme Court and follows it up with an application for stay of proceedings, the judgment of the Court of Appeal will not be treated as final until the steps taken are completely resolved.
The second leg of his argument was predicated on the fact that the trial cannot be conducted during the Christmas vacation as contained in a circular issued by the Chief Judge of the Federal High Court.
The said circular dated December 18, titled, “Notification of Federal High Court Christmas Vacation for 2020”, stipulated that only matters bordering on national interest, human rights-related issues and release of vessels shall be entertained during the vacation which begins on Tuesday, December 22 and ends on Friday, January 8, 2021.
The lawyer noted that by the said notification, the vacation Judge for the Abuja division of the Federal High Court is Justice Evelyn Maha.
“Today, being within the period declared for Christmas vacation and this case not being one of the cases listed as those that can be entertained by vacation Judge, including the fact that your lordship is not a vacation judge, the court cannot exercise any jurisdiction on the matter.’
He argued that whether the matter is urgent or not is determinable by the facts contained in affidavit evidence led before the court adding that nothing short of that will suffice.
“There is manifest non compliance in this case such that the court is not even in a position to contemplate whether this case is urgent or not by law.’
Mozia informed that the defence team has withheld their consent for any proceedings to be done during the Christmas vacation period.
The counsel to the People’s Democratic Party (PDP), Isilalomhe Razak, aligned himself with the argument canvassed by counsel to Obaseki in urging the court to suspend proceedings and await the outcome of the appeal before the Supreme Court.
But responding, the counsel to the plaintiff, Olujimi, urged the court to discountenance the submissions of the defence team and proceed with the trial in compliance with the ruling and directive of the Court of Appeal.
While noting that the matter is time-bound, Olujimi argued that section 285 (a) of the 1999 Constitution (4th Alteration Act) is a compelling provision that proceedings at the trial court should not be stayed based on preliminary and interlocutory issues.
“The compelling provisions of section 285 (a) is to the effect that where a preliminary or interlocutory issue is raised, the court shall suspend it’s ruling and deliver it at the stage of final judgment.
“Secondly, the first and second defendants failed to appreciate that the Chief Judge of the Federal High Court has since July 24, 2020, settled the issue of hearing of all categories of pre-election matters in the Practice Direction number two issued by the Chief Judge.
“What the Chief Judge issued in July was a Practice Direction which is legislation issued by him to regulate pre- election trials.’
He submitted that the said Practice Direction mandates a Judge to hear a pre-election matter pending before his court until judgment is delivered.
“The Chief Judge did not say the practise direction applies only to annual vacation but includes all manner of vacation in general. A circular is not a rule of court. It is not legislation or law unlike the practice direction,’ Olujimi argued.
He argued further that paragraph two of the practice direction stated that nothing in the Federal High Court shall prevent the hearing of a pre-election matter to judgment.
He submitted that the position of the law, as settled by the Supreme Court is that where time is of the essence in a case before the court, there shall be no stay of proceedings pending appeal.
“What the defendants are asking the court to do is to go against the directive of the Court of Appeal, which has not been set aside. I urged the court to decline such an invitation.’
The alarming level of insecurity in Edo state on Tuesday saw the kidnapping of about 15 passengers onboard a bus belonging to a popular transport company in the state (name withheld).
Although details of the kidnapping are still sketchy, Igbere TV, however, gathered it occurred along the Benin—Ekpoma—Auchi Expressway which has, in recent time, become a 'safe haven' for armed bandits.
This is coming exactly a month after kidnappers hijacked a bus belonging to the same transport company on same road. The 18 passengers were later released after the alleged payment of N9m ransom.
The latest Tuesday victims were said to have been kidnapped from an Abuja-bound 18-seater Toyota Hiace bus. Other road users were said to have scampered for safety, abandoning their vehicles.
An eyewitness and passenger of the bus, who craved anonymity, narrated how she managed to escape. According to her, only the driver and three female passengers were spared.
Another eyewitness, who claimed to be a student of the Ambrose Alli University (AAU), Ekpoma, said the development forced other vehicles to stop abruptly and park by the roadside.
Commenting on the incident, a regular user of the road and transport company, who took to his social media page, said he was forced to cancel his planned trip.
“I was already at the park when one elderly woman cried to the park that their vehicle was kidnapped that they set her free to come give them the information... I had to return the ticket and collect my money back,” he said.
“Please for those that still have mind to travel to Benin or Ekpoma today be careful!.”
As at press time, the whereabouts of all the victims are unknown. Clips obtained by Igbere TV shows the empty bus on the roadside with other road users discussing the event.
When contacted, spokesman for the Edo state police command, SP Chidi Nwabuzor, said the police was yet to be briefed on the incident.
“We have not been briefed (yet), the command is not aware of such development, once I am briefed, I will let you know,” the police spokesman said on phone, Tuesday afternoon.
Today's incident comes three days after the State Head of Service, Mr. Anthony Okungbowa, got kidnapped in Edo town, with his driver and orderly killed. Okungbowa has since regained freedom.
Kidnapping has been on the increase in Edo, especially following the recent EndSARS protests in the state where thousands of prison inmates escaped; burning down police stations and looting armouries.
Instagram has suspended the verified personal account of former musician and Altanta-based blogger and social influencer, Tunde Ednut, Igbere TV can report.
This is coming days after the Instagram celeb was dragged for allegedly using his platform to body shame users, especially the female folks.
Checks by Igbere TV Tuesday morning shows that that the account with over 2.7 million followers was no longer available with the "user not found" message.
Just recently, Lagos socialite and cross dresser, Okuneye Idris Olarewanju best known as Bob Risky lashed out at Ednut for body shamming women with his platform.
Bob Risky only started shading the Instagram blogger after Joro Olumofin, a Nigerian Social media influencer based in America, called out Ednut for allegedly accusing him of paying people to write his stories.
His constant shading of women and their bodies has caused a lot of friction between him and some Nigerian celebrities such as Tonto Dikeh, Bobrisky, Harrysong, Naira Marley, and Wizkid.
A recent squabble was between him and the owner of Instablog where he called instablog out for allegedly deleting his comments on their page.
Some users, especially women have since taken to social media to celebrate the pulling down of Tunde Ednut’s page. Check out what they are saying below...
One user said, “This is a total slap to the face and a way of punishing Instagram offenders. Cyber bullying should be stopped by all means. Having a platform doesn't give one right to engage in cyber bullying and shaming of women. That is unfit for a celebrity with such status. What a shame! Good riddance to bad rubbish. Hope he learns from this and change his ways.”
The Vice President, Prof. Yemi Osinbajo on Thursday, December 17, presided over a virtual meeting of the National Economic Council (NEC) at the Aso Rock Presidential Villa, Abuja.
The meeting comes as the President, Muhammadu Buhari is away in his Daura hometown, Katsina state. Buhari had on Friday embarked on the week-long personal visit.
Igbere TV reports that all Governors of the 36 states joined the virtual NEC meeting from their respective states, with the Minister of Finance, Dr. Zainab Ahmed featuring as well.
Osinbajo is constitutionally the chairman of NEC which meets monthly to deliberate on the coordination of economic planning and programmes of various levels of government.
NEC comprises the 36 state governors, Governor of Central Bank of Nigeria, Minister of Finance, Head of the Civil Service of the Federation, Secretary to the Government of the Federation, and other relevant government officials whose duties hinged on the economy.
The meeting anchored from the Yellow Room, Office of the Vice President, was the seventh for the year as the nation strives to contain the spread of the COVID-19 pandemic.
The Court of Appeal sitting in Abuja on Wednesday ordered accelerated hearing at the Federal High Court, Abuja in the suit seeking to sack Governor Godwin Obaseki of Edo State over alleged certificate forgery.
Igbere TV had reported how a three-man panel of the Appeal Court, presided over by Justice Stephen Adah, on Wednesday, rejected an application for stay of proceedings filed by Obaseki.
Justice Adah, in the lead judgment, held that the constitutional provision that stipulate 180 days for the hearing of pre-election cases did not permit granting of a stay of proceedings in such matter.
The All Progressives Congress (APC) and a chieftain of the party, Mr. Williams Edobor are, in their suit filed before the last governorship election in Edo state, seeking Obaseki’s disqualification.
They alleged, among others, that Obaseki forged his Bachelor of Arts degree certificate he submitted to the Independent National Electoral Commission (INEC) to aid his qualification for the September 19 governorship election in Edo.
Justice Ahmed Mohammed (whom the case is pending at the Federal High Court) elected, in a ruling on Tuesday, to adjourn proceedings indefinitely pending the Court of Appeal’s decision on Obaseki’s application for stay of proceedings [pending the hearing of an appeal he filed against an earlier ruling of the trial court].
During the hearing of the application on Wednesday at the Appeal Court, the appellate court disagreed with the position of Justice Mohammed, noting that section 258 of the Constitution does not allow for a stay of proceedings in a pre-election or election matter.
The panel in its unanimous decision then ordered a return of the case to the trial judge, adding that trial should be on a day-to-day.
Contrary to government and military claims that ‘bandits’ had kidnapped the Kankara, Katsina schoolboys while trying to downplay the number of those abducted, Boko Haram has released a new video showing the children in their custody and numbering over 520.
In the six minutes and 30 seconds video, sighted by Igbere TV, Thursday afternoon, hundreds of distraught schoolboys are seen begging the government not to use force, but negotiate.
One of the boys in the video said at least 520 students were abducted by the Abubakar Shekau-led faction of Boko Haram, but some have died contrary to claims by government that nobody died.
The relatively older student who spoke in both English and Hausa, urged the Federal Government to settle amicably with their abductors and advised against the use of military force in rescuing them.
He called on government to close all non-Islamic schools in Katsina, dissolve local vigilante groups and pay a ransom to secure their release.
“Please, you have to dissolve any gang of vigilantes, close any kind of schools, excluding Islamiyyah [Qur'anic schools]. All the troops who have come here to help us, please send them back,” he said.
Tens of other young boys could be seen behind the schoolboys’ spokesman, all covered in dust and appearing to be within a forest area.
In the video, the boys looked extremely worried, bloodied, exhausted and hungry. At a point, many started wailing “Help us. Help us.”
In the last part, Shekau spoke in an audio saying they released the video for the purpose of those who denied his claim that the boys were in his custody.
He claimed yet again that they are only doing Allah’s work.
Reacting to the clip in circulation, a journalist, Bulama Bukarti, said “Shekau is clearly replaying the Chibok propaganda model. He’s doing this to get a ransom and free his detained members.”
Igbere TV recalls that the Shekau-led faction of Boko Haram had last Friday abducted the schoolboys from a government secondary school in Kankara, Katsina State.
The latest video confirms that the students are still very much alive and the terrorist group is prepared to negotiate their freedom.
LASG DIRECT SCHOOLS TO VACATE ON FRIDAY 18TH DECEMBER, 2020
The Lagos States Government has directed public and private schools in the state to vacate on Friday 18th December, 2020.
@jidesanwoolu https:///0JyejOto8SIn a statement released by the Director General, Office of Education Quality Assurance, Ministry of Education, Mrs Abiola Seriki-Ayeni, the 2020/2021 First (1st) term academic session for public and private schools comes to an end on Friday 18th December, 2020.
Therefore, all public and private schools below tertiary level in the state are to close for the Christmas and New Year holiday on that day. Schools are to resume back on Monday 4th January, 2021 in compliance with the Lagos State harmonized academic calendar.
Therefore, all public and private schools below tertiary level in the state are to close for the Christmas and New Year holiday on that day. Schools are to resume back on Monday 4th January, 2021 in compliance with the Lagos State harmonized academic calendar.
It is important to note that boarders are to resume on Sunday 3rd January, 2021 while academic activities commences immediately.
According to the statement, all schools must ensure that they submit their safety plans on the Office of Education Quality Assurance website: https:///2GUdmnxNF2.
The plans which include operational, academic, health and safety, data and communication plans are to be uploaded on the website to complete the online registration process.
Parents are advised to ensure strict adherence to COVID-19 safety protocols at home while all school proprietors and school administrators are enjoined to also ensure compliance to COVID-19 safety protocols when schools resume for 2nd term on Monday 4th January, 2021.
A chieftain of the All Progressives Congress (APC), Mr William Edobor and the party had preferred the case of forgery and perjury preferred against Obaseki at the Federal High Court in Abuja.
The plaintiffs in the suit marked FHC/B/CS/74/2020, sighted by Igbere TV, prayed the court for an order disqualifying Obaseki from contesting the September 19 Edo governorship election on the grounds that he supplied false information on oath to INEC, an act said to be contrary to Section 31(5) and (6) of the Electoral Act, 2010.
They accused the governor of forging his university certificate presented to INEC in aid of his qualification for the governorship election in Edo State. The plaintiffs also claimed that there are discrepancies in the subject Obaseki claimed he passed in his West African Examinations Council (WAEC) exam.
Igbere TV had reported how Obaseki through his lawyer Ken Mozia, SAN applied to the Federal High Court to expunge some pleadings of the plaintiffs; an application the court declined.
Obaseki thereafter approached the appellate court to challenge the refusal and decision of the high court to expunge some paragraphs in the APC's reply to his affidavit and applied for a stay of proceedings and for the matter to be adjourned sine die (indefinitely) at the Federal High Court pending the determination of the appeal.
However, Chief Akin Olujimi, counsel to the APC who argued for the party urged the court to dismiss Obaseki's motion for indefinite adjournment of the certificate forgery suit on the grounds that it was a pre-election matter and was bound by time.
Olujimi contended that since the case had a life span of 180 days that would terminate by January 2021, it was in the interest of justice for the court to continue with proceedings.
But the application by Governor Obaseki for a permanent stay of prosecution scaled through on Wednesday and hearing of the main suit was stalled, forcing the APC to return to the Appeal Court in Abuja.
Justice Ahmed Mohammed had in the ruling on Wednesday said the court was not in doubt that an appeal had been lodged and both counsel conceded.
Whether to proceed with the main suit or stay proceedings – the Judge said, “this court is not prepare to go on a collision course with the court of appeal and the suit is adjourned” to allow the appellate court determine the case before it.
Politics › Re: Obaseki Loses As Court Orders APC To Open Forgery, Perjury Case Against Edo Gov by BleedingPen(op): 7:59am On Dec 23, 2020
