₦airaland Forum

• Respondent: my husband is unfaithful

It appears that the passion that seized Mr Chike Eze and his bride Rachael when they said ‘I do’ has since died, replaced by strife and bitterness.

On Monday, 55-year-old Eze prayed a Customary Court in Igando, Lagos to dissolve his marriage to Rachael, saying such a dissolution will “to save him from committing murder’’.

The petitioner alleged that Rachael had become a thorn in his flesh for two years.

“She is pushing me to the wall,” Eze told the court. “If I should retaliate, I will kill her.

“I don’t want to kill her, so that I will not be charged to court for murder. The best option is for the court to end our marriage so that we can go our separate ways.

“She always hits me with dangerous weapons which inflict wounds on me.

“Rachael fights and rains curses on me every day. She once deflated my car tyres and tore my clothes to pieces on several occasions.

“The last time, she picked up a standing mirror and threw it at me.

“The mirror landed on me and caused severe injuries on my leg. I have several scars on my body as a result of her assault on me,’’ he said.

He presented pictures of the injuries and scars to the court as evidences.

He said that his wife went out on various occasions without his consent and whenever he queried her, she would say that she owned her body and could do anything with it.

Rachael denied all the allegations. She accused her husband of infidelity.

PUBLIC NOTICE: Disregard Fake Tweet on EFCC Port Harcourt Zonal Office Cell

These pictures purported to be the detention center of the Port Harcourt Office of the EFCC in a mischievous tweet by @TheRealDayne is fake.

The pictures in the tweet are strange to the EFCC, Port Harcourt Zonal Office.
That tweet is intended to mislead the public and the public is advised to discountenance it.

Thanks.

The United States has stated that the $308m Abacha loot which will soon be repatriated to Nigeria must be placed in an account and if the money is stolen from that account, Nigeria would be made to replace it.

The Spokesperson for the US State Department, Morgan Ortagus, said in a statement that this was one of the agreements that was made between the US, Nigeria and the Island of Jersey where the funds are being kept.

The statement read in part, “The funds will be used by the Nigerian Independent Sovereign Authority for three infrastructure projects in strategic economic zones across Nigeria.

“To ensure that the funds are used responsibly and for the good of the nation, the agreement includes mechanisms for monitoring the implementation of these projects as well as external oversight, and it requires Nigeria to repay any funds lost as a result of any new corruption or fraud to the account established to hold the returned assets.

“This return reflects the growing international consensus that countries must work together to ensure stolen assets are returned in a transparent and accountable manner.”

The US said the arrangement was consistent with the commitments both the US and Nigeria made under the principles agreed to at the 2017 Global Forum on Asset Recovery co-hosted by the US and the United Kingdom.

“This agreement is a symbol of the weight that the United States government places on the fight against corruption. We welcome President Buhari’s personal commitment to that fight, and we will continue to support civil society and other Nigerian efforts to combat corruption at all levels. The fight against corruption is an investment in the future of Nigeria,” the statement read.

Gen. Sani Abacha, who ruled Nigeria with an iron fist between 1993 and 1998, is believed to have diverted over $4bn from the nation’s treasury.

However, there have been rumours that the funds have not been properly managed by successive governments.

The Edo State Government on Monday demanded the immediate arrest and prosecution of the National Chairman of the All Progressives Congress (APC) Comrade Adams Oshiomhole, accusing him of constantly creating security breaches in the state and holding rallies in defiance of orders.

The government said the former Governor has failed to obey lawful orders both by the state government and the Inspector General of Police and had held rallies in different parts of the state.

Deputy Governor Phillip Shuaibu told newsmen in Abuja that Oshiomhole was not above the law and nobody disobeyed his directives when he was governor.

While denying betraying Oshiomhole, Shuaibu said Oshiomhole remained his father while he is a son even though they are not on the same page politically at the moment.

He said: “I am in Abuja to meet with the Inspector General of Police. I have a petition to the Inspector General of Police and to the Director of Department of State Services to the effect that Comrade Adams Oshiomhole be arrested by the Police and be arrested by the DSS for the breakdown of law and order that he has consistently perpetrated in Edo state.

“We banned rallies; the IG in a letter also suspended rallies. He disobeyed the orders of the state government, he disobeyed the orders of the IG and feels that he is above the law.

“For us, we have officially come now to drop our petition with the IG to the effect that Oshiomhole is not above the law. He should be arrested for violating the state government order.

“He was a governor before and he knows that nobody violated his orders as governor, because it is not about him, it is about the state. When everybody disobeys laws, then the country becomes a Banana Republic. God forbids.

“That is why we are saying that the IG and the DG of DSS should arrest him and interrogate him for breaching the peace and disobeying government orders and security orders for rallies.

“For us, when the suspended national chairman of the party continually disobeys the law; when opposition party chairmen do same, he becomes a reference point.

“That is why I am here on behalf of the state government to submit a petition to the IG to the effect that the suspended chairman, Comrade Adams Aliyu Oshiomhole be arrested and prosecuted for breaching the peace of Edo state.”

Shuaibu denied insinuations that he and Governor Obaseki were leaving the party, saying “that statement has been coming on and on. I can categorically tell you that the governor of Edo State, Godwin Obaseki and I are in APC and we are not leaving APC.

“The party is stronger today because of the governor of Edo state and when we read such things on the social media, what we just say is that this is another fake news. We are not leaving APC. APC is our party. We formed it and we are solidly on ground to promote good governance and the governor is doing very well.

“Some people are saying because of the endorsement by the PDP and some individuals, that is a sign that we are leaving the party. No. They should read it the other way.

“That is a sign that even other parties are accepting and agreeing to the fact that the governor of Edo state is working and he should be emulated and that is why he is having the endorsements.

“This is the first time the APC and non-APC people are endorsing the governor and I think it should be a pride to everybody. So, when you talk about the leaving the party, it is just one of those guys trying to create a problem.”

Speaking on allegations that he has betrayed the former Labour leader, Shuaibu said: “the issue of betrayal is relative. Whoever has said I betrayed Oshiomhole, I don’t know what they meant by that.

“Oshiomhole remains my father and I remain his son even though presently we are on different pages politically and it is bound to happen. It doesn’t change the fact that he remains my father and it doesn’t change the fact that I remain his son but what is critical is that we have disagreed on the issue of the governor of Edo state.

“I am supporting Gov. Obaseki because he has not changed what we believe in. He has not deviated from what Comrade Adams Aliyu Oshiomhole started and the foundation he laid.

“We promised during the electioneering that we were going to build on it and that we will take what he did to the next level and that is exactly what the governor of Edo state is doing.

“What Oshiomhole has seen that is different, I do not know. But as for me and my household and my supporters, we remain committed to the governor. As per politics, we are not on the same page but as a family, he remains my father.”

Shaibu however gave condition for reconciliation with Oshiomhole and being on the same page politically, saying “when he comes to Edo state and endorse Gov. Obaseki and his programmes, then we will be on the same page politically”.

The Supreme Court has affirmed the conviction and 21 years imprisonment handed to a man, Femi Ayoade, who with two others, robbed a motorcycle rider and a passenger of N2,000 in Lagos State, with a toy gun.

Members of five-man panel of the Supreme Court, headed by Justice Olukayode Ariwoola, were unanimous in holding that the appeal by Ayoade, marked: SC/456/2018, was without merit and dismissed it.

Justice Amina Augie held, in the lead judgment, that the appellant failed to establish his claim that the trial court denied him fair hearing.

Justice Augie said: “Speculation aside, I hold the strong view that the Court of Appeal was absolutely right to affirm the decision of the trial court since the appellant was given opportunity to cross-examine PW1 (the 1st prosecution witness), but failed to.

“The trial court created the atmosphere for the fair hearing of the case, but he (Ayoade) failed to take advantage of the opportunities provided to do so.

“So, he cannot accuse the trial court of denying him a fair hearing or find fault with the Court of Appeal for affirming the trial court’s decision.

“Before I round up, I must comment on the issue of his sentence, which Osayaba Giwa-Osagie, Esq., learned counsel for the appellant considered excessive.

“He (counsel) raised the issue at the hearing of the appeal, but there is no ground of appeal, challenging his (appellant’s) sentence, therefore, there is nothing this court can do or say on the issue of his sentence.

“In the final analysis, this appeal lacks merit. It, therefore fails and it is dismissed. The judgment of the court of appeal is affirmed,” Justice Augie said.

Other members of the panel were Justices Kudirat Kekere-Ekun, Paul Galumje and Uwani Abba Aji.

Ayoade and two others were tried before a Lagos State High Court on a two-count charge of conspiracy to commit robbery and robbery.

They were said to have used a toy gun to attack and rob a motorcycle rider and his passenger of a total of N2,000 (N500 from the motorcycle rider and N1,5000 from the passenger).

In a judgment on April 1, 2014, Justice I. O. Kasali found Ayoade guilty as charged, convicted him and sentenced him to 21 years imprisonment.

Ayoade appealed to the Court of Appeal. And, in its judgment on March 2, 2018, the appellate court affirmed the earlier decision of the trial court, which was further affirmed in the Supreme Court judgment delivered on January 24, 2020.

The National Industrial Court sitting in Yenagoa, Bayelsa on Friday voided the sack of eight Permanent Secretaries by Gov. Nyesom Wike of Rivers state.

News Agency of Nigeria (NAN) reports that Rivers government in 2015 sacked eight permanent secretaries, the state Head of Service and the Accountant General, among others.

The Permanent secretaries are: Samuel Woka, Kadilo Brown, Augustine Orlu-Orlu, Muka Nwikosi, Minabelema Michael-West, Ngozi Abu, Kingsley Hart and Mrs Justina Jumbo.

Delivering the judgement, Justice Basha Alkali, described the sacked as unconstitutional, null and void since it did not follow the set down procedures in the public service.

“The sack was in contravention of the civil service rules and therefore unlawful.

The court, however ordered that all salaries and allowances accrued to the permanent secretaries since 2015 should be paid to them.

Counsel to the claimants, Odum Eyiba described the judgment as well-considered.

“The judgment is a product of industry, researched and well-considered. We instituted this action back in 2015,” Eyiba stated.

Henry Amadi, lawyer to Rivers state government noted he will study the judgment.

“That is the judgment of the court and we have to go through it and know the way forward. The way forward is not what I will disclose here, thank you,” he said.

No fewer than 53 spouses have been allegedly killed in Nigeria by their partners from November 19, 2017, when Maryam killed her husband, till date, Daily Trust finding shows.

Twenty-six months after killing her husband, Maryam Sanda was recently sentenced to death by hanging. She was arraigned by the police on November 24, 2017, over the death of her husband, Bilyaminu Bello, a nephew of former Peoples Democratic Party Chairman, Alhaji Bello Halliru Muhammad.

Delivering judgement in the case on Monday, the trial judge, Justice Yusuf Halilu, held that the evidence of the convict that the deceased died after falling on a bottle of Shisha, was only a cover-up plot.

He held that under the Doctrine of Last Seen, the convict was under the obligation to explain what caused the death of the deceased and not the prosecution, since she admitted being the last person with the deceased.

The Sanda/Bilyaminu case is just one among the growing number of spouses deaths in the hand of their partners in recent years.

A 40-year-old man, Bamidele Olanrewaju, was arrested by the men of the Ogun State Police Command for allegedly beating his wife, Adenike, to death.

The incident, according to a statement in Abeokuta by the Command’s spokesman, Abimbola Oyeyemi, occurred on Sunday January 19, 2020 at the couple’s residence in Bisodun village, via Ofada, in the Obafemi-Owode local government.

The suspect was alleged to have used a big stick to beat his wife into a coma, and thereafter proceeded to stab her in the head with a screw driver, resulting in her death.

Similarly, a 60-year-old man in Ile-Ife, Osun State, Rafiu Irawo, killed his wife, Funke and took his own life over allegation that his wife was having secret affairs with another man. The incident occurred at Alakowe area in Ile-Ife on Friday, September 20, 2019.

Also, one Akorede Balogun was accused of being responsible for the death of her husband, Rasaki Balogun, who was found dead with his mistress, Muyibat Alabi, in his house at No. 16, Taiwo Oke Street, Victory Estate, Ejigbo in Lagos on July 10, 2019.

A witness, Oguegbu Promise, told journalists that Mrs Balogun had forcefully poured a liquid substance suspected to be poison into the mouth of the deceased persons.

A 37-year-old man, Mutiu Sonola, was arrested by operatives of Ogun State police command for beating his 34-year-old wife, Zainab shotayo, to death.

A statement signed by the Command’s Spokesperson, DSP Abimbola Oyeyemi, disclosed that the suspect was arrested on Wednesday 25th December 2019, following a report by the father of the deceased, who complained at Ibara division of the state’s command.

Another recent case occurred on 27th January, 2020 at 4: 00am, when a 19-year-old woman, Rabi Shamsudeen, allegedly stabbed her 25-year-old husband, Shamsudeen Salisu, to death at Danjanku village, in Malumfashi local government area of Katsina State.

The incident was due to a misunderstanding between the young couple, according to report. Neighbours, who said they heard the deceased crying for help, had rushed to the scene and met the deceased crawling out of a room and bleeding from a stomach wound.

They were said to have also seen the deceased’s wife standing close by and holding onto a kitchen knife stained with blood.

Some of the neighbours were said to have rushed the deceased to the hospital where doctors pronounced him dead. There have been other reported cases of this nature all over the country.

Daily Trust findings show that 36 wives have reportedly been killed by their husbands while 17 husbands have been killed by their wives.

• Ruling is miscarriage of justice, say lawyers
• How apex court failed in votes computation

The last may not have been heard about the contest for the Imo State governorship seat as Emeka Ihedioha returns to the Supreme Court today to seek a review of the judgment that removed him from office.

The court had on January 14, 2020 sacked Ihedioha of the Peoples Democratic Party (PDP) on the ground that he did not score the lawful majority votes in the March 9, 2019 governorship election. In his place, the apex court, after adding the cancelled results of the 388 polling units to the votes scored by Senator Hope Uzodinma of the All Progressives Congress (APC), ordered that he be immediately sworn in as the duly elected governor.

In a unanimous judgment delivered by Justice Kudirat Kekere-Ekun, the apex court held that Ihedioha was not duly elected and that “his election was void and illegal.”

The court consequently set aside the judgment of the Imo State Governorship Election Petition Tribunal and that of the Court of Appeal, both of which had refused to recognise the votes from the 388 polling units and to accept that the results were unlawfully excluded in the general collation.

The Guardian obtained a certified-true-copy of the record of the appeal filed at the Supreme Court by Uzodinma and APC, issued by Nwana Ejike, Registrar of the Court of Appeal, Owerri, from an earlier record compiled by Ibrahim Garba, Secretary of the Imo State Election Petition Tribunal, which shows that there were mathematical and factual inconsistencies which the apex court ignored.

In the records tendered at the tribunal, Uzodinma, from pages 9 to 27 of his petition, drew a table of votes allocation which he claimed were the figures obtained from the duplicate copies of Forms EC8A handed over to his party agents at the 388 polling units, the results of which were excluded in the overall result of the election.

From the table he compiled from the 388 polling units, there were 252,452 registered voters, out of which 213,695 voted for APC, and 1,903 voted for Ihedioha.

But the table does not indicate either the total number of accredited voters or the number of invalid votes, if any, and the votes allocated to the remaining 68 candidates that contested the election, aside from Uzodinma and Ihedioha.

Also, the duplicate Forms EC8A tendered by the PW54, Deputy Commissioner of Police (DCP), Rabiu Hussein, showed that there were no fewer than six polling units where more votes were recorded above the registered number of voters.

For instance, on figure number 69 which shows votes cast at Eziama/Okpala (Umualum Village Square, Eziama), the total number of registered voters was 492, whereas the table shows that the APC scored 819 votes and PDP scored 7 votes, meaning that 334 more votes than the registered voters were recorded, apart from the votes polled by the other candidates at the election that were not shown on the table.

Similarly, on page 22 of the petition referencing polling unit 282, the number of registered voters was put at 591, whereas the tabulation shows that APC polled 586 votes and PDP nine votes, indicating a total of four votes higher than the registered number of voters. This, again, excluded the votes scored by the other candidates.

On the same page 22 of the record, at the polling unit 285 (Obudi/Aro, Central Assembly Square, Unusable 11) with 449 registered voters, APC was credited with 780 votes and PDP with four votes, leaving a total of 335 votes higher than the actual number of registered voters.

Figures obtained from page 79 of the record of appeal under item 384 show that APC scored 526 votes, while PDP was credited with two votes, and the total votes cast was put at 526, indicating two votes higher than the total number registered voters in the area.

But in its judgment, the Supreme Court said that the votes from the disputed 388 polling units were wrongly excluded from the votes of Uzodinma.

By relying on the tabulation made by Uzodinma, the Supreme Court arrived at a figure of 950,952 votes, which is more than the 823,743 votes cast at the election, thereby affirming 127,209 excess votes.

Criticism has continued to trail the Supreme Court judgment since it was delivered, with protest rallies held in Imo and other states in the south east.

A coalition of civil society organisations yesterday called on the Supreme Court to view the judgment.

The group held that going through the briefs of argument among the parties, it was obvious that as citizens, “the judgment read by the Supreme Court did not accord with common sense and did not seem to meet the ends of justice.”

The spokesman of the coalition of over 10 groups and Executive Director, Abuja Discussion Group, Dr. Manzo Abubakar, chronicled several alleged anomalies in the judgment and asked the apex court to rescind itself even if it means invoking the ‘judicial doctrine of necessity.’

According to Abubakar, it is only by so doing that the Supreme Court can restore justice, peace, hope and faith in the nation’s democracy and regain the confidence of the people in the judiciary.

“The confidence of Nigerians in the judiciary is at the lowest and we believe that the Supreme Court can help to restore it and save future elections. The judgment will go down in infamy and may make Nigeria a laughing stock in the comity of nations if not reviewed.”

He added that Section 176 (2b) of the constitution makes it clear that to be declared as governor, a candidate must not only score a majority of total votes cast but also 1/4 of the votes in 2/3 of the local governments of the state.

“It is axiomatic that nowhere in the petition or evidence did the petitioner, (Uzodinma) claim that he met the constitutional requirement of spread to be declared the winner”, the group said.

The groups maintained that with the judgment of January 14, the apex court had denied the Imo people the opportunity to chose their leaders.

While sympathising with their lordships over their heavy workload and short period of time within which to read briefs and give judgment, the coalition said such constraints would have led to the ‘faulty’ judgment.

“To err is human. It would be practically impossible for any human to have read briefs and record of proceedings exceeding 5000 pages in the matter within two hours after hearing, when he also had pressure of time to deliver judgment in the remaining pending governorship appeals. No doubt, this accounted for the mistakes made by the apex court.

“The Supreme Court is supreme and can creatively reinvent its rules to do justice. It is necessary to do so now more than ever to save the Nigerian democracy, constitutionalism and retrieve the judicial and justice system from its present opprobrium,” the groups said.

An Abuja-based legal practitioner, Godwin Emagun, is of the view that the addition by the Supreme Court to Uzodinma’s votes made the total number of votes to exceed the total number of accredited voters in violation of Section 53 of the Electoral Act 2010 (As Amended), particularly Section 8 (b) of the Independent National Electoral Commission (INEC) Guidelines for the 2019 election.

“The Supreme Court cannot accept results without certification. This violates S. 89 (e) and (f ) and 90 (c ) of the Evidence Act 2011 which states that all public documents must be certified before it can be tendered in evidence.”

Emagun said the results from the disputed 388 polling units were neither certified by INEC, who are the issuers of the document, nor the police in whose custody they claimed the documents emanated.

Otome Adamidenyo, another lawyer based in Warri, Delta State and Country Director, Citizens Rights Initiative, said the verdict fell short of the basic legal indices for measuring a fair and unbiased judgment.

He said to have allowed a police officer to tender documents which he was not their author and which served as the foundation upon which the very case stood defeated the fundamental principles of admissibility of documents.

The Head, Legal Unit of the Civil Liberties Organisation (CLO), Princewill Akpakpan, said: “Given the emerging facts arising from the Supreme Court judgment in the gubernatorial election in Imo State, the CLO is of the view that the request for the review of the case is necessary”.

He noted that this would enable the court to look at all the facts to determine whether there were facts that were not at its disposal or the decision was reached per incuriam.

Akpakpan maintained that the review would also make the aggrieved parties and the general public to see that justice has been done even if the court might still reach the same conclusion in the case.

“The review, though I am not sure of the particular rule the PDP may be coming under, would give the opportunity for the court to restore what the public sees as ‘a lost confidence in the case’,” he said.

Already, Ihedioha and his legal team have approached the Supreme Court seeking a review of the judgment.

The Independent National Electoral Commission (INEC) has declared Mr Alex Egbonna of the All Progressives Congress (APC), winner of the House of Representatives election for Yakurr/Abi Federal Constituency in Cross River.

Dr Alalibo Johnson, State Resident Electoral Commissioner (REC), announced the result on Sunday at the collation center in Ugep, Yakurr Local Government Area.

Alalibo said that the APC candidate got 29,716 votes to defeat his closest opponent, Mr John Lebo of the Peoples Democratic Party, who secured 26,039 votes.

Meanwhile, the commission also declared Mr Davies Etta of the PDP as winner of Abi constituency seat in the State House of Assembly.

The PDP candidate garnered 13, 349 votes to defeat his closest rival, Mr Eyeng Iwqara of the APC who had 8, 792 votes. The REC, however, said that, INEC cancelled election in Afafanyi/Igonigoni Ward, consisting of eight polling units with combined total of 5,616 registered voters, due to violence.

Alhaji Madaki Gololo, the candidate of the Peoples’ Democratic Party (PDP), has emerged winner of Saturday’s rerun elections for Gamawa Federal Constituency in Bauchi state.

Announcing the result in Gamawa town on Sunday, the Returning Officer, Dr Abubakar Mayin of Federal University, Dutse, said Gololo polled 21,223 votes to defeat his rival, Isa Wabu of the New Nigeria People’s Party (NNPP), who secured 15,004 votes. Other candidates that contested are Dahiru Alhaji of ACP, Mustapha Ahmed of GPN, Ibrahim Aliyu of Merger Party and Bashir Dogowa of ADC who scored 102 votes, 248 votes, 78 votes and 152 votes respectively.

Others are Waziri Isa of PRP who scored 47 votes, Umar Husseini of DPC with 53 votes, and Alhaji Umar of APP with 20 votes.

In Ogun State, Mr Kolapo Osunsanya of the APC emerged winner of the rerun House of Representatives election for the Ijebu-Ode/Odogbolu/Ijebu north east federal constituency.

Osunsanya polled 25,959 votes to defeat the candidate of the PDP, Taiwo Shote who polled 21,911 votes.

Ahead of next year’s election governorship election in Ondo State, in which his position is being eyed by some interested party members, the state Governor, Rotimi Akeredolu, on Saturday dared the leadership of the All Progressives Congress (APC) not to replace him with any other person if it wishes to win the state.

Akeredolu, who became the governor of the state in February 2017, told journalists in Abuja that he is the only person who could win the election for APC in Ondo State given his pedigree, achievements, and general acceptability by the majority of the people of the state.

He boasted that the people would always stand with him because they freely looked out, persuaded and picked him to become the governor of the state without paying them any money as other aspirants did, but were rejected by the electorate.

He said: “I didn’t ask to become governor of Ondo State; the people sought me out to be their leader. As far as I am concerned power belongs to God and not to any man or leader. It is God who gives power and not any human being. That was why I ran and won the primary of the last governorship election in Ondo State without paying people money as other contestants did.

“I can tell you that there is no threat or panic whatsoever to my second term election. What I do know for sure is that if APC goes ahead to pick another person as their governorship candidate for Ondo State the party would lose the state.

“But with me on the ballot, we will win a landslide for APC in Ondo State. That is certain because God’s hands are with me and I cannot fail in my second term bid. My trust is in God and not in any man with clay feet.”

When reminded that the Peoples Democratic Party (PDP) was making stronger inroads into the state politics and could pose a threat to his re-election next year, Governor Akeredolu retorted: “There’s no PDP in Ondo State.”