Politics

Court declines to hear Binani’s ex-parte application on Adamawa guber tussle

Published

1 year ago

April 18, 2023

The Federal High Court in Abuja on Tuesday refused to entertain the ex-parte application brought before it by Senator Aisha Dahiru Ahmed, also known as Binani, the Adamawa governorship candidate of the All Progressives Congress, APC, in the 2023 election result declaration tussle.

The ex-parte application filed by her lawyer, Mohammed Sheriff, asked the court to determine whether the Independent National Electoral Commission, INEC, can take any further steps on the declared governorship election results made by its Resident Electoral Commissioner, REC, Mr Hudu Ari.

However, when the ex-parte motion was about to be moved, Justice Inyang Edem Ekwo cut in and asked Binani’s lawyer first to address him if his court had jurisdiction to entertain such a matter.

The Judge subsequently gave Binani’s counsel to file his address on the issue and fixed April 26 for hearing of the ex-parte application and the motion on whether the court has jurisdiction.

Earlier, another lawyer, Afeez Matanmi, who claimed to be counsel to the incumbent Adamawa State Governor, Ahmadu Fintiri, had sought to address the court but was shut out on the ground that the issue before the court was an ex-parte application for now.

Defendants in the ex-parte application are the Independent National Electoral Commission INEC, the Peoples Democratic Party, PDP, and Ahmadu Fintiri.

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Politics

Emmanuel Agbo emerges as DG PDP Governors’ Forum

Published

18 hours ago

April 18, 2024

NewsDirect

Former Deputy National Secretary, DNS, and frontline national chairmanship candidate of Peoples Democratic Party, PDP, Emmanuel Agbo has been appointed as the Director General of PDP Governor’s Forum.

This was announced by the Chairman of PDP Governors Forum, Alhaji Bala Mohammed, during the BoT meeting of the party in Abuja on Thursday.

Agbo is expected to assist in repositioning the PDP-GF to play its role in nation building under the leadership of the Chairman, Governor Bala Mohammed of Bauchi State.

He is a former Chairman of Benue State chapter of the PDP, an engineer and an experienced party administrator.

Politics

INEC set to monitor APC governorship primary election, others in Ondo— REC

Published

19 hours ago

April 18, 2024

NewsDirect

Independent National Electoral Commission (INEC) says it is prepared to monitor the All Progressives Congress (APC) primary election scheduled to hold on Saturday in Ondo state.

The INEC Resident Electoral Commissioner in the state, Mrs Oluwatoyin Babalola, said that the commission was not only prepared for the APC primary, but also for that of the 17 other political parties contesting the Nov. 16 governorship election.

Babalola told the News Agency of Nigeria (NAN) in Akure on Thursday that 18 political parties had notified the commission of their intentions to conduct governorship primary elections in the state.

According to the REC, as an election management body, our role is to monitor the activities of the political parties and to ensure that they conduct the primaries in accordance with the provisions of the law.

“We are empowered by the constitution under Section 153 and paragraph F (15) of the third schedule to monitor the activities of the political parties, which include the conduct of their congresses, conventions and primaries.

“So, as regards to the APC primary coming up on Saturday, which the party has adopted direct method of primary, we are ready for the monitoring.

“Our people are on the field, we are ready to cover the primary and we will make sure we report according to what we see on ground,” Babalola said.

Commenting on the reported incident of arrest of some agents of an aspirant issuing fake APC membership cards, Babalola said that only political parties could differentiate between an authentic and fake party cards.

The REC, who admonished all the political parties to play according to their party’s constitution guidelines and electoral process, said that officials of the commission would be unbiased in their role.

She implored the parties to provide a level playing ground for their aspirants.

“I will advice all political parties to play according to the rules of the parties and not to encourage any form of violence.

“And political parties should not allow hate speech that is capable of heating up the polity,” Babalola said.

Politics

Court declines to vacate order restraining Secondus, Omehia, Opara from PDP meetings

Published

22 hours ago

April 18, 2024

NewsDirect

A Federal High Court, Abuja, on Thursday, dismissed applications by former Chairman of the PDP, Uche Secondus, and two others, seeking to set aside an order restraining them from attending meetings of the leadership of the party.

The News Agency of Nigeria (NAN) reports that sacked Governor of Rivers, Celestine Omehia, and former Deputy Speaker of the House of Representatives, Austin Opara, were also affected with the order.

Justice Inyang Ekwo, in separate rulings, dismissed the three separate applications filed by the trio on the ground that their motions for stay of execution of the order were wrongly filed and therefore, incompetent.

NAN reports that the judge had, on April 5, issued ex-parte orders, which among others, restrain the three PDP chieftains from attending any meeting of the National Executive Committee (NEC) and/or Board of Trustees (BoT) of the party.

Justice Ekwo restrained them from participating in deliberations or proceedings of the meetings in any manner pending the hearing and determination of the substantive suit.

The restraining orders were made in relation to three substantive suits filed against the three chieftains of the PDP by some members of the party in Rivers State.

NAN reports that the suit against Secondus and seven others, marked: FHC/ABJ/CS/440/2024 was filed by Titus Jones.

The second against Omehia and five others, marked: FHC/ABJ/CS/436/2024 was filed by Precious Wobisike, while the third, marked: FHC/ABJ/CS/438/2024 against Opara and seven others, was filed by Chisa Amadi.

Secondus, Omehia and Opara had applied that the execution of the orders be stayed pending the determination of the appeals they filed, challenging the ex-parte orders.

In the three different rulings on Thursday, Justice Ekwo described the applications as incompetent.

He held that under Order 26(9)(1) of the Federal High Court (Civil Procedure) Rules (FHCCPR) 2019, what Secondus, Omehia and Opara ought to do was to apply to the court to either vary or discharge the orders, not to apply for stay.

The judge said: “By Order 26 (9) (1) of the FHCCPR 2019, it is provided that where an order is made on a motion ex -parte, any person affected by it may, within seven days after service of it, or within such further time as the court shall allow, apply to the court by motion to vary or discharge it.

“The first defendant/applicant ought to have familiarise himself with the provisions of the rules of this court before embarking on this course.

“What any person, who is affected by ex-parte order of the Federal High Court has to do is provided for in Order 26(9)(1) of the FHCCPR 2019.

“There is no law which provides for appeal against ex-parte order of the Federal High Court.

“It is trite that where there is no law in support of a process or action such process or action is considered as abuse of process of court.

“I find that there is no iota of law in support of this application and I so hold.

“The consequence thereof also has been stated by the court in a very steady manner.

“I therefore make an order dismissing this application for being an abuse of process of this court,” Justice Ekwo said in the ruling on the application by Secondus.

Justice Ekwo reached the same conclusions in respect of similar applications by Omehia and Opara.

The judge then adjourned until April 25 for hearing of a pending motions on notice for interim injunctions filed by the plaintiffs in the three cases.