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More trouble for Ekweremadu as Enugu lawyer seeks declaration of seat vacant

Published

2 years ago

September 22, 2022

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There seem to be more troubles for former Deputy Senate President, Ike Ekweremadu, who has been in detention in the United Kingdom since June this year over allegation of organ harvesting, as a lawyer, Chief Ogochukwu Onyema, has asked the Federal High Court, Enugu, to declare his seat vacant by default of representation.

Onyema, a member of the Peoples Democratic Party (PDP), had contested the primary of the party for Enugu West Senatorial ticket in 2018 for 2019 general elections, but lost to Ekweremadu. He, however, finished third behind another aspirant, who is said to have died two years ago.

In the suit where he listed Senate President, Ahmed Lawan; Clerk of the National Assembly; National Chairman of the PDP, Iyorchia Ayu; Independent National Electoral Commission (INEC) Chairman, Mahmood Yakubu and INEC as defendants, Onyema asked the court to declare that, by the contemplation of the Constitution of the Federal Republic of Nigeria (1999) as amended; the Senate Standing Orders 2015 as amended, and the Senate Legislative calendar 2022, that the seat of Enugu West Senatorial District in the 9th Senate will be declared vacant by default, if the Senator representing it is, without just cause, absent from meetings of the Senate for a period amounting, in the aggregate, to more than 1/3 of the total number of days during which the House or Senate meets in any one year, which is 1/3 of 181 days.

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He argued that going by denial of several bail applications on Ekweremadu by the United Kingdom Metropolitan Court till date, “and the fixing of his pre-trial on or about October 4, 2022, and trial on or about May 28, 2023 as judicially noticed, it cannot be rightly said that Ekweremadu will still perform his duty of representing Enugu West Senatorial zone as provided in the constitution.”

Onyema, who asked the court to compel the Senate President, PDP and INEC to declare Ekweremadu’s seat vacant, also requested for the order of court on the PDP to forward his name (Onyema) as replacement for Ekweremadu within the seven days of service of the order.

He asked the court for an order to withdraw the certificate of return issued to Ekweremadu and fresh certificate of return issued in his favour, as well as a perpetual injunction barring the party from submitting the name of any other person except him.

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When the matter came up, yesterday, Justice I.N Buba had granted the leave of the court to serve the defendants on their individual addresses outside jurisdiction and substituted service of the originating summons, as well as other court processes in the matter.

He also adjourned to October 5, 2022, for possible hearing and addresses on jurisdiction.

News

Court knocks FG for lack of diligent prosecution in Tukur Mamu’s terrorism financing case

Published

1 hour ago

April 29, 2024

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A federal high court in Abuja has reprimanded the federal government for lack of diligent prosecution in the charge filed against Tukur Mamu, publisher of Desert Herald newspaper.

At the court session on Monday, David Kaswe, prosecution counsel, was not in court despite having entered his name on the cause list, indicating his presence.

Abdul Mohammed, Mamu’s counsel, urged the court to stand down the matter to await Kaswe’s return.

However, the prosecution lawyer was still not in court when the case was called again after the judge had delivered a judgment.

Inyang Ekwo, the presiding judge, expressed surprise over “the miraculous disappearance” of the federal government’s lawyer in court.

“I am also aware that the prosecution was in court this morning, but as to the miracle of the disappearance of the prosecution as at the time this matter comes up for hearing is beyond my understanding,” Ekwo said.

“This antic of the prosecution is only being tolerated in today’s proceeding.

“If the prosecution demonstrates that they are not ready to prosecute this matter either diligently or expeditiously, the court will make the right decision at that point.”

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MAMU ASKS TO BE TRANSFERRED TO KUJE PRISON

Mamu’s lawyer moved an application to transfer his client to the Kuje correctional facility.

He said the prosecution had already responded to the motion.

In the application, the defence counsel said the Department of State Services (DSS) has refused to obey a previous court order which directed that Mamu should be allowed access to his doctors.

He said Mamu would get proper medical attention in Kuje prison.

“This application is brought so that we will take the defendant to the prisons because they always obey court orders there so that if we go there, he will have access to his medical officer,” he said.

“It is completely within the discretion of the court and we do not want to bring an application for contempt as that will take time.

“Therefore, we want the court to vary the order and the defendant will stay in the Kuja correctional facility. That is what we are asking for.”

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The judge adjourned the matter until May 20 for ruling on Mamu’s application.

BACKGROUND

Mamu is standing trial for allegedly aiding the terrorists who attacked the Abuja-Kaduna train in March 2022.

After his arrest in 2022, the federal government said $300,000 was found in his possession.

He was arraigned in March 2023 by the office of the attorney-general of the federation (AGF) on a 10-count charge bordering on terrorism.

However, in March, he pleaded not guilty to all the counts and denied having allegiance to the terrorists.

Mamu is alleged to have received $120,000 as ransom payments on behalf of the Boko Haram terrorist group.

The monies were said to have been received from families of hostages kidnapped during the train attack.

He was also accused of exchanging voice note communications relating to the hostages with one Baba Adamu, a Boko Haram spokesperson.

The federal government also tagged the $300,000 found in Mamu’s possession after his arrest, as terrorist funds.

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Mamu, an aide to Ahmad Gumi, a popular Islamic cleric, was involved in negotiations for the release of the passengers abducted during the attack on a Kaduna-bound train.

News

Abuse of office: Emefiele challenges jurisdiction of Lagos court to try him

Published

2 hours ago

April 29, 2024

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The Lagos High Court sitting in Ikeja has deferred till the end of trial, its ruling on the application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court to try him on the charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Through his lawyer, Senior Advocate of Nigeria, Olalekan Ojo, Emefiele submitted that he cannot be tried in the high court of any state in Nigeria for alleged acts of abuse of his office as this raises issues of constitutionality and legality.

The former CBN governor also noted that counts 1-4 of the 26 counts charge filed by the EFCC against him are unconstitutional as they are not contained in any law in Nigeria.

His counsel asked the court to make an order striking out counts one to four of the charge on the grounds that:

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. the Honourable Court has no jurisdiction to try the offence of abuse of office in relation to the office of the Governor of the Central Bank of Nigeria which the 1st Defendant occupied at all times material to the commission of the offences and

ii. the 1st Defendant’s/Applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to law as mandatorily required by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

The EFCC through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, however, countered these arguments.

Citing decided cases of the Supreme Court, he asked the trial judge, Justice Rahman Oshodi, not to defer or prevent the trial of the case on the basis of objections challenging the particulars of the counts of the information.

“That approach is intended to take us back to where we are coming from as this were the basis for Section 1 of the Administration of Criminal Justice Act, ACJA and the purpose for which Administration of Criminal Justice Law, ACJL was intended. The intention of our collective resolution as a nation was to to prevent undue delay in our criminal cases.

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“I urge my lord to refuse this invitation, trial has commenced, this application to prevent the trial today is unlawful, illegal and unconstitutional and I urge the court not to depart from the decision of the apex court as to do so would amount to judicial rascality,” Oyedepo stated.