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Suit On Atiku’s Eligibility To Contest For President Fixed For February 21

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Only Ayu Can Decide To Resign As PDP Chair - Atiku

Justice Inyang Ekwo of a Federal High Court in Abuja, on Monday, fixed February 21, 2022, for judgment in a suit seeking to challenge former Vice-President Atiku Abubakar’s eligibility to vie for the office of the President.

Justice Ekwo fixed the date after taking arguments from counsel to the parties in the suit.

The News Agency of Nigeria (NAN) reports that a group, an Incorporated Trustees of Egalitarian Mission for Africa (EMA), in a suit marked: FHC/ABJ/CS/177/2019 had sued Atiku, the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) as 1st to 4th respondents respectively.

EMA is challenging Atiku’s eligibility to contest for presidency, alleging he is not a Nigerian citizen by birth.

The group asked the court to hold, among others, that considering the provisions of Sections 25(1) &(2) and 131(a) of the constitution and the circumstances surrounding the former vice president’s birth, he cannot contest for the top office.

NAN also reports that the Adamawa State Government, through its Attorney-General (AG), had, on July 27, sought an order of the court to be joined in the suit.

The court, in the motion dated April 26 and filed June 24, granted the prayer of the AG of Adamawa to be joined in the case as 5th defendant.

The Adamawa government had told the court that Atiku was eligible to vie for the office of the president.

It said Atiku, against whom the suit was primarily directed, is a citizen of Nigeria from Adamawa who had been elected as a governor of the state in 1999 and served as the vice president of the country between 1999 and 2007.

It stated that the suit threatened the right of not just the ex-vice president to contest the office of the president “but that of the citizens of Nigeria, of Adamawa origin covering 12 out of the 21 Local Government Areas in the state.”

When the matter was called on Monday, the counsel to the plaintiff, Akinola Oladimeji, said that the matter was slated for hearing of his originating summons.

“We have amended originating summons in response to 1st to 5th defendants counter-affidavits,” he said.

READ ALSO: How My Father Was Jailed For Not Sending Me To School – Atiku

Eyitayo Jegede, SAN, who appeared for Atiku (1st defendant), said a notice of preliminary objection was filed.

Jegede, after withdrawing two motions earlier filed, one of which challenged the jurisdiction of court, urged the court to dismiss the plaintiff application.

He argued that a previous case relied upon by the applicant in filing the suit did not relate to the matter at hand.

The senior lawyer also argued that the matter was already stale as it was tied to the 2019 election, in which his client vied for the election, challenged the poll and was unsuccessful.

He said this defined the futility of the plaintiff’s case.

Corroborating Jegede’s submission, counsel to the 2nd defendant (PDP), Adedamola Falokun, said he also filed a notice of preliminary objection.

He described the matter as a pre-election matter, urging the court not to waste its time on it.

“I stand in alignment with the learned SAN that this matter is stale.

“They filed this before the 2019 election that the 1st defendant (Atiku) should not be cleared.

“The 1st defendant had been cleared, he contested and lost in the election. And you are still talking about 2019 when we are in 2021 and in a few days, we will be in 2022,” he said.

The lawyer argued that there was no single line in the plaintiff’s application that specifically stated on good grounds why Atiku could be barred from contesting election.

He urged the court to dismiss the suit with punitive costs against the plaintiff.

Also, lawyers to the 4th (AGF) and 5th (AG of Adamawa) defendants also presented their arguments in the matter.

The plaintiff lawyer, Oladimeji, disagreed with counsel to the defendants.

He said the suit sought to know the citizenship of Atiku.

He clarified that the suit was not a pre-election one.

“For the purposes of clarity, a pre-election matter is filed by an aspirant in an election.

“The plaintiff is not an aspirant, it is only seeking an interpretation into the questions raised,” he said.

Oladimeji argued that even though Atiku was said to have been born in Nigeria, he was not a Nigerian citizen.

He said for the fact that the mistake had been done in time past did not mean that this should continue.

He said the interest of the group was for the court to interpret the constitution within the ambits of the law.

Justice Ekwo adjourned the matter until February 21 for judgment.

 

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BREAKING:Lagos Govt Arraigns Chrisland School, Principal, Others Over Death Of Pupil Whitney Adeniran

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Chrisland pupil Whitney

The Lagos State government has arraigned Chrisland School, Opebi, its principal, vice principal and two other employees over the death of one of the school’s pupils, 12-year-old Whitney Adeniran.

On Wednesday, the government of Lagos State had filed charges against Chrisland School and four others over the death of the 12-year-old pupil, Whitney Adeniran.

The school and its workers were accused of involuntary manslaughter and reckless and negligent acts.

The workers who were arraigned before Justice Oyindamola Ogala of the Lagos State High Court in Ikeja include Ademoye Adewale, Kuku Fatai, Mrs Belinda Amao, Nwatu Ugochi Victoria and Chrisland School Limited.

The school principal, Mrs Belinda Amao, broke down in tears while in the dock as the court and counsel tried to agree on a date for the commencement of the trial.

Whitney died during the school’s inter-house sports competition at Agege Stadium in Lagos on February 9.

Blessing Adeniran, her mother, had accused Chrisland of negligence over her daughter’s death.

The school’s management, however, dismissed insinuations that there was foul play in the death, saying she slumped in public.

Chrisland also argued that Whitney complained about “not-too-buoyant health” a few days before she died.

However, an autopsy conducted at the Lagos State University Hospital (LASUTH) confirmed that the deceased died from “asphyxia and electrocution”.

In the charges filed on behalf of the state government by the Director of Public Prosecution (DPP), Babajide Martins, who disclosed that their negligence killed Whitney because they failed to ensure her safety.

The charge also disclosed that they all acted in a reckless and negligent manner that endangered human life.

The offences are contrary to Sections 224 & 251 of the Criminal Law, C17, Vol.3, Laws of Lagos State, 2015

If found guilty, the offences carry a penalty of life imprisonment and two-year jail terms respectively.

On Tuesday, the state government granted access to Chrisland High School, Opebi branch, to open for physical learning ahead of the school’s forthcoming examination after parents’ appeal.

The state governor, Babajide Sanwo-Olu had ordered that the school be shut down on March 3, 2023, following the investigation into Whitney’s death.

Sanwo-Olu through the state Ministry of Education said the closure of the school would pave the way for unhindered investigation and afford all stakeholders, including parents, students, staff and friends of the deceased, time to grieve.

The reopening followed an appeal by the Parents of all Chrisland School Units who visited the Ministry of Education on Monday to seek the government’s understanding for “the sake of 500 plus students some of whom also have terminal examinations.”

The management of the school had tendered an apology over Whitney’s death.

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BREAKING: Abacha’s Ex-chief Of Staff Oladipo Diya Dies

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Diya

Retired Lt.General Donaldson Oladipo Oyeyinka Diya, the former Chief of Staff in General Sani Abacha’s military government, is dead.

His death was confirmed by Prince Oyesinmilola Diya. He said the former military administrator of Ogun State passed on to glory in the early hours of 26th March 2023.

Born on the 3rd of April, 1944, Diya was military Governor of Ogun State after the Buhari-Idiagbon coup of December 31st, 1983.

Diya joined the Nigerian Defence Academy, Kaduna and fought during the Nigerian Civil War.

He later attended the US Army School of Infantry, the Command and Staff College, Jaji (1980–1981) and the National Institute for Policy and Strategic Studies, Kuru.

While serving in the military, Diya studied law at Ahmadu Bello University, Zaria, where he obtained an LLB degree, and then at the Nigerian Law School, where he was called to bar as Solicitor and Advocate of the Supreme Court of Nigeria.

He held other top military posts like GOC, 82 Division and finally the Chief of General Staff (military Vice President) to Gen Sani Abacha

The statement read: “On behalf of the entire Diya family home and abroad; we announce the passing on to Glory of our dear Husband,Father, Grandfather,brother, Lt- General Donaldson Oladipo Oyeyinka Diya (Rtd) GCON, LLB, BL, PSC, FSS, mni.

“Our dear Daddy passed onto glory in the early hours of 26th March 2023. Please keep us in your prayers as we mourn his demise in this period. Further announcements will be made public in due course.

“Barrister Prince Oyesinmilola Diya, on behalf of the family.”

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Breaking: Appeal Court Retains Adeleke As Osun Governor

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BREAKING: Adeleke Freezes Osun Accounts , Reverses Appointments After Swearing In As Governor
Governor Adeleke

The Court of Appeal sitting in Abuja has vacated the tribunal judgement that nullified the election of Governor Ademola Adeleke of Osun State.

The appellate court, in a unanimous decision by a three-member panel of Justices, on Friday held that the appeal Adeleke lodged to challenge his sack by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500, 000 cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola

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