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Court Adjourns APC’s Case Of Forgery Against Obaseki Indefinitely

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Governor Obaseki

The Federal High Court in Abuja, on Tuesday, has adjourned further hearing on the certificate forgery case the All Progressives Congress, APC, filed against Governor Godwin Obaseki, indefinitely.

The court says it can’t override the appeal court in a case of alleged forgery involving Godwin Obaseki, governor of Edo state.

The adjournment followed an appeal marked CA/ABJ/CV/1072/2020, which governor Obaseki lodged before the Abuja Division of the Court of Appeal.

Jomog News Nigeria reports that sequel to this pronouncement by the lower Court is the order granting an indefinite suspension of the case pending the outcome of stay of proceedings filed at the appellate court.

The All Progressives Congress (APC) and one Williams Edobor a chieftain of the party, had instituted a legal action against Obaseki.

The plaintiff accused the governor of forging the first degree certificate which he submitted to the Independent National Electoral Commission (INEC) to enable him contest the election.

At the last hearing of the litigation, Obaseki through Ken Mozia, his counsel, had prayed the court to adjourn the case indefinitely as there is a subsisting application before the court of appeal.

In the appeal with suit number CA/ABJ/CV/1072/2020, filed before the appeal court in Abuja, Obaseki challenged the refusal of Ahmed Mohammed, judge of the federal high court, to strike out some paragraphs in APC reply to his affidavit.

Obaseki also filed an application before the court appeal to stay of further proceedings of the trial court.

Challenging the application, Akin Olujimi, APC counsel, implored the court to strike out the motion on the grounds that it is a pre-election matter bound by time.

The senior counsel argued that the court has jurisdiction to proceed with the case as it has a life span of 180 days which would terminate on January 9, 2021.

“This court is bound to continue with the hearing since the suit is sui generis (its unique). Nothing shall be done to clog the smooth wheel of proceedings in a suit of this nature especially in line with fourth Alteration Act,” he said.

Olujimi said the appeal is interlocutory in nature and cannot stop proceedings of the court.

In his ruling on Tuesday, the judge said the rules and extant laws guiding the operations and activities of courts in relating with one another in view of case execution are clear and unambiguous, adding that the high court can’t afford to be on collision course with the appellate court.

He noted that it would be inappropriate to proceed with the suit considering the application for stay pending at the court of appeal.

“What would be the meaning of the trial court’s action? The answer is not far fetched and that is it does not care about whatever decision the appellate court would take in relations to whether it grants stay of further proceedings or not,” the judge held.

“If eventually, the appellate court in its wisdom decides to stay further proceedings in the lower court and by that time, proceedings have been concluded at the lower court, the order of stay made would have been rendered worthless.

“While this uncertainty lasts, it is better and appropriate to tarry a while to allow the appellate court to carry out its jurisdiction on whether or not it should grant stay of further proceedings.

“Furthermore, it is the law as established by both the court of appeal and the supreme court that where a lower court is aware of an application for stay of either execution or proceedings, it would be wrong to ignore such application and proceed to hear the suit.

“This court is not prepared to be on collision course with the court of appeal as far as this case or any case for that matter. This court is ready to abide by whatever directive the court of appeal would make or give this court including the order to conclude hearing this matter.

“This suit is hereby adjourned sine die to await the decision of the first defendant’s application for stay of further proceedings.”

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Court Restrains DSS, AGF From Arresting Sunday Igboho, Blocking His Bank Accounts

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An Oyo State High Court has granted an ex-parte motion stopping the Department of State Security and Attorney General of the Federation from arresting Yoruba Nation agitator, Chief Sunday Adeyemo, popularly known as Sunday Igboho.

The court also restrained DSS and AGF from blocking bank accounts of the Yoruba rights activist.

Justice Akintola gave the order following an ex-parte motion moved by his lawyer, Yomi Aliu (SAN), at the court on Wednesday.

Speaking to journalists after the court proceedings, Mr Aliu said, “The court has ordered that he must not be arrested, intimidated, harassed, detained, or killed. The court also said that his account should not be blocked,” Yomi Aliu said.

“The court has proved itself as the defender of the masses. The court has granted permission for him to exercise his fundamental human right of free movement.

“He can now walk freely as a Nigerian and his house must not be attacked. AGF is also a party in this case. I m sure he will obey this judgment. He is a senior advocate. I urge the government to be law-abiding,” he added.

Igboho had through his counsel, Chief Yomi Aliyyu ( SAN), filed an application before the court asking for N5bn damages for the destruction of his cars and residence in Ibadan during July 1 raid on his residence by the Department of State Services.

He also asked the court to stop the Attorney General of the Federation, DSS and other security agencies from arresting him or infringing on his fundamental human rights.

Igboho had prayed for, “An order of injunction restraining the respondents, their agents, privies and associates in other security forces and/or anybody acting on their behalf and/or instructions from arresting, detaining, molesting, harassing and/or in any way interfering with his to personal liberty, freedom of movement of Chief Sunday Adeyemo aka Sunday Igboho, enjoyment of his property without fear of invasion of his home by the respondents and their agents,” among others.

The court order comes the same day when the DSS produced all 12 detained aides of Mr Igboho before the Federal High Court in Abuja.

The apprehended aides have been accused of stockpiling arms to cause chaos in the country.

Meanwhile, Mr. Igboho is now being tried by the Benin court on fresh charges bordering on illegal migration, dubious connivance with immigration officers, and an attempt to cause civil unrest.

The court on July 28 granted him access to medical care and ordered that he be transferred to another detention facility.

Igboho and his wife were arrested in Cotonou on July 19, while they tried to catch a flight to Germany.

The court, on Thursday, ordered his wife’s release and returned him to police custody.

The court adjourned the suit until August 18.

 

 

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Hushpuppi: Governor Zulum Speaks On Alleged Visit To Abba Kyari’s Residence

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Borno State Governor, Babagana Umara Zulum, has issued clarification regarding a viral video being used to claim he and his predecessor, Shettima, visited Abba Kyari at his residence.

Gov. Zulum said he does not know the residence of the suspended Deputy Commissioner of Police, Abba Kyari and has never visited him.

The governor said the video was recorded at Senator Shettima’s residence during an empathy visit.

Kyari was recently suspended by the Nigeria Police over his alleged involvement in Hushpuppi’s fraud saga.

However, a video emerged on Monday on social media, alleging that Governor Zulum and his predecessor, Senator Kashim Shettima had visited DCP Kyari at his residence over the incident.

But Malam Isa Gusau, spokesman of the Borno governor on Wednesday, said it was an old video being recirculated by some mischief makers to rubbish the governor and his predecessor, Senator Shettima.

According to Gusau, the video in circulation was rather an event, which occurred on June 30, 2021, long before the indictment of the embattled DCP Abba Kyari by FBI in the case of Hushpuppi.

Explaining further, Gusau said, that video was when Shettima returned to the country after being rumoured to have died in the United Kingdom where he went to spend holidays with his families.

He said, “The same video falls into the hands of mischief makers who decided to use it for their selfish gains. I decided to make this clarification because Abba Kyari, who promised to issue the clarification himself, did not do so, more than four hours after making the promise.

“A video in circulation was recorded by some associates of Abba Kyari at the residence of Senator Kashim Shettima in Abuja on June 30, 2021, when Abba Kyari paid an empathy visit to Shettima following the mischievous circulation of rumours that the Senator had died in the UK.

“Kyari himself had shared the same video on his verified Facebook wall on June 30, shortly after he visited Shettima.

” Kyari who hails from Borno State and in Shettima’s constituency visited the former Governor to wish him well like many others had visited the Senator during the time,” he said.

Gusau released a video of some sympathizers who had also visited the Senator the same period, which showed the senator receiving them in his house, the same place being described as Abba Kyari’s house.

Gusau also pointed observers to take note of the TV behind Zulum and Abba Kyari with a CNN breaking news on the release of American Comedian actor, Bill Cosby, which, as can be verified by anyone online, happened on June 30, 2021.

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DSS Releases 5 Buhari-Must-Go Protesters Arrested At Dunamis Church

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#FreeDunamis5: The courageous young people (#Dunamis5) illegally detained by Buhari’s tyrannical regime were just released from detention by the lawless Nigerian secret police, Department of State Services (DSS) after 30 days in detention because they wore #BuhariMustGo Tshirts to Dunamis Church service in Abuja on July 4 2021.

We want to appreciate everyone who stood firmly by these young men and the #Revolutionnow movement during their unjust incarceration-torture and dehumanisation in the hands of Dr. Paul Enenche’s church security before they were handed over to the DSS.

The lawsuit in pursuit of justice for the five revolutionaries will continue at the Federal High Court and administrative sanctions will be pursued against the Magistrate that ignored a superior court order ordering their release as well as the three DSS lawyers who flagrantly ignored the higher court orders to arraign them before the Magistrate.

Their lawyers will also pursue a contempt of court proceeding against the DG of DSS, Yusuf Bichi Mogaji in coming days. Special thanks to the lead lawyer in the case, Barrister Tope Tomekun and his team for a marvellous job challenging the authoritarian regime relentlessly!

 

 

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