Subjudice: Ondo CJ declines to set up impeachment panel against deputy Gov
The chief judge of Ondo state, Oluwatoyin Akeredolu, has truncated the impeachment process against the State deputy governor, Agboola Ajayi, having declined to set up the seven man panel based on obvious constitutional infraction.
The Chief Judge said the request violated Section 188 (5)of the 1999 Constitution of the Federal Republic of Nigeria as amended.
Akeredolu in a letter dated July 9, 2020, declared that the request earlier made by the state Assembly to him for the constitution of a 7-man probe panel didn’t meet the constitutional requirement.
14 out of 26 members of the House, on Tuesday, had signed a notice of impeachment of the deputy governor.
They had ordered the judiciary to constitute a panel to probe him. But nine members of the Assembly kicked against the impeachment, while Ajayi had also sought a court injunction to stop the process.
According to the chief Judge “I wish to draw the attention of the Honourable Speaker of the House of Assembly of Ondo State to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
He explained the constitutional requirements as stipulated in Section 188 (1), (2) (a), (b), adding that there was a court proceeding on the matter.
“In view foregoing, the Hon. Members of the House of Assembly have not completed the constitutional process that would lead your very good self to invite my humble self to set up a panel of 7 to investigate allegations of gross misconduct as stipulated in the Constitution.
“Furthermore I wish to bring to your notice the copy of letter which I received earlier today from Kayode Olatoke, SAN which letter tells me clearly that the matter of impeachment of Hon. Alfred Agboola Ajayi, Deputy Governor of Ondo State is sub judice.”
Not yet uhuru for El-Zakyzaky as Kaduna Govt vows to press new charges
It may not yet be over for Sheikh Ibraheem El-Zakyzaky and his spouse, as the Kaduna State Governmenr has vowed to return to the court with new charges against the leader of Islamic Movement of Nigeria (IMN) and his wife
The State High Court in Kaduna had delivered a judgement discharging and acquitting El-Zakyzaky and Wife after six years of rigorious legal tussle
Kaduna State Director of Public Prosecution (DPP), Mr. Dari Bayero maintained that the State will challenge the Kaduna State High Court judgement, while he also revealed that fresh charges that border on terrorism and treasonable felony will also be added.
Dari said Kaduna State government disagreed with the decision of the Judge, hence, they would appeal, stressing that El-Zakyzaky’s case as delivered were not in consonance with the facts on ground.
The State Prosecutor said, El-Zakyzaky would be rearrested once the Court order is issued for him to answer fresh charges.
He maintained that actions of the Shiite leader which Kaduna State government is prosecuting him afresh predated 2015.
Meanwhile, El-Zakyzaky and his wife reportedly moved to Abuja for medical treatment.
According to the source,” They have been flown to Abuja so as to get medical attention. They could not leave on Wednesday because they reached the Kaduna International airport late, the control tower had closed for the day. They were flown to Abuja on Thursday morning. Abuja is safer for our leader.”
Court of Appael sacks Odey, declares Jarigbe winner
The Court of Appeal in Calabar, Cross River State has sacked senator Stephen Odey as it declared Hon. Jarigbe Agom Jarigbe as the duly elected senator for Cross River North.
The court declared Jarigbe the lawful candidate of the People’s Democratic Party, (PDP) in the December 5, 2020, by-election for the seat on Friday.
The court of Appeal stated that the decision of the Tribunal was a mere mockery of the Judiciary.
The judgement of the court of Appeal has now put to rest the almost 10 months of Legal tussle as regards the Cross River North Senatorial by-election.*
A three-man appeal tribunal, headed by Justice Chioma I. Nwosu, also invalidated the certificate of return earlier issued to Steven Odey by the Independent National Electoral Commission, INEC, directing the commission to withdraw the certificate.
Recall that on February 25, 2021, the court dismissed the appeal filed by Odey challenging the judgment of the Court of Appeal.
The majority judgment upheld the preliminary objections raised by Jarigbe challenging the mode of service of the notice of appeal.
Also, on December 29, the Court of Appeal, Abuja Judicial Division, ruled in favour of Jarigbe.
Jarigbe was declared the duly nominated candidate of the PDP and the rightful winner of the December 5, 2020 election.
The court ordered the INEC to issue Jarigbe a Certificate of Return and withdraw the one earlier issued to Odey.
In March this year, following the apex court’s judgment, Senate President Ahmed Lawan failed to allow Jarigbe to take his oath as a Senator-elect or provide a reason.
Jarigbe, a member of the House of Representatives, had before expressed confidence that the Senate President would obey the law.
The true implication of the Supreme Court judgement in Jegede vs Akeredolu
BY DELE AIKU SAN
The true implication of the Judgement of the Supreme Court today in JEGEDE VS AKEREDOLU as affects the National Caretaker Committee of the APC.
I have read the so called information put out by Festus Keyamo SAN and i am shocked that he could purportedly write such a thing.
At the tribunal hearings, the APC principal witness, Dare Oketade Esq, who is the Director Legal Services of the APC while being cross examined by Chief Onyechi Ikpeazu SAN, told the court that Gov Mai Mala Buni was not drawing salary from the Party, was never occupying the office of the National Chairman of the Party, he only existed in Caretaker capacity by virtue of the Constitution of the APC which empowers the NEC to appoint any committee, give it any name and give it any power as it may deem fit and this was the basis of setting up the Caretaker Committee.
Ikpeazu SAN could not further cross examine the Director Legal Services as a result of these answers.
Ikpeazu SAN seeing the weakness in his petition for the PDP also cleverly excluded making the Caretaker Committee Chairman, Gov Mai Mala Buni a Party to the suit because of the immunity clause of Section 308 of the 1999 Constitution.
If he had joined Governor Mai Mala Buni in that petition, he was damned, if he did not join him, he was also damned. As the four justices of the Supreme Court rightly noted, joining or not joining Mai Mala Buni in the suit goes to no issue as he is protected by Section 308 of the 1999 Constitution.
It was very clever of the APC to have delicately set up this Caretaker Committee as it is presently constituted.
In a highly politicized country wherein anyone gives interpretation to a Judgement on the pages of the newspapers even before reading the entire Judgement of the Supreme Court itself. This will certainly lead to people conjuring up things not implied or said by the Supreme Court.
The proposed Ward/Local Government and State Congresses of the APC most certainly should not be impaired by this Judgement.
Selah! DELE AIKU SAN
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