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Appeal Court Dismisses Suit Against Ayade

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The Governor of Cross River State, Ben Ayade, has been victorious at the Abuja Division of the Court of Appeal, in an appeal case (number CA/ABJ/CV/1394/2022) brought against him by Cecilia Adams, a participant in the All Progressives Congress’ May 28 primary election.

Adams had previously lost a case at the Federal High Court in Abuja, where she had sought to challenge Governor Ayade’s candidacy for a seat in the National Assembly at the senatorial level.

Cecilia Adams received no votes in the primary election but declined to take part in a new primary held on July 14, 2022, for the Cross River North Senatorial District in preparation for the 2023 General Election.

In a unanimous decision from the appellate court, led by Justice Stephen Adah and argued on behalf of Ayade by Mike Ozekhome, SAN, the court upheld the previous decision made by Justice N.E. Maha of the Federal High Court.

The court however dismissed the appeal seeking to set aside the judgment of the trial court and to grant the reliefs sought in its originating summons which among others, was to order the Independent National Electoral Commission to recognise, accept and publish Adams’ name as the candidate of the APC for the Cross River North Senatorial District.

Also joined as co-respondents with Ayade in the appeal challenging the APC primary were the APC, Martin Orim and INEC (the 1st, 2nd and 4th Defendants respectively). The 2nd Defendant, Martin Orim, had earlier won the May 28 2022 senatorial primary; but later resigned to enable fresh primary to be conducted by INEC.

On July 14, 2022, Ayade however emerged as the sole contestant and winner from the fresh primaries, all of which were in strict compliance with the provisions of the electoral Act.

The appellant had, through an originating summon filed on July 26, 2022, approached the Federal High Court, Abuja, praying amongst others for “an order of perpetual injunction restraining the 1st Defendant (INEC) their agents, servants, affiliates or privies from recognising and dealing with the 2nd and 3rd Defendants, or any other person, as the 2nd Defendants candidate for the Cross River North Senatorial District election in the forthcoming National Assembly elections to be held on the 25th February 2023 (or any other date that may be fixed).”

The counsel for Ayade, Ozekhome, had argued before the Federal High Court, Abuja, that Cecilia Adams was not entitled to the reliefs sought before the court.

The trial court agreed with him and dismissed the claims of Adams in its entirety, because the 2nd Respondent (Martin Orim) duly complied with the provision of section 31 of the Electoral Act, 2022, in validating his withdrawal process from the Cross River senatorial district 2023 general election; and that the 1st Respondent (APC) also fully complied with the provisions of Section 33 of the Electoral Act, 2022, in organising fresh primary.

Dissatisfied with the judgment of the trial court, Adams proceeded to the appellate court, seeking to overturn the decision of the lower court.

Similarly, the appellate court in its judgment dismissed the appeal in its entirety and upheld the decision of the lower court, stating that since the decision of the lower court was not perverse as it reflected the true position of the law, the appellate court had no business interfering with such a judgment.

“We stand by the decision of the lower court to hold that the appeal lacks merit and is accordingly dismissed”, the court held.

 

 

 

 

 

 

 

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Politics

PDP’s Ajayi Rejects Ondo Poll Results, Vows Legal Action

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Chief Agboola Ajayi, the Peoples Democratic Party (PDP) candidate in the 2024 Ondo State governorship election, has rejected the results declared by the Independent National Electoral Commission (INEC) on Sunday.

Ajayi has vowed to seek justice at the election tribunal, citing alleged electoral malpractices and criminal actions by both INEC and the All Progressives Congress (APC).

In a statement issued by his Special Adviser, Ayo Fadaka, Ajayi explained that he had held off from commenting immediately after the results were announced to conduct an investigation into what he described as “criminal activities” that compromised the integrity of the election.

“We have uncovered numerous actions undertaken to subvert the electoral desires of the people. It is unfortunate that democracy cannot thrive in an environment where criminality is perpetually employed to manipulate the electoral process,” Ajayi said.

He further criticized the November 16 election, alleging it was part of a broader pattern of election manipulation since the APC came to power in 2015.

According to Ajayi, these actions have fostered voter apathy and contributed to widespread disenchantment with the electoral system.

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While refraining from disclosing specific details of his findings, Ajayi expressed hope that public institutions would act with integrity to restore confidence in the electoral process.

“We particularly call on the Judiciary to brace up and perform the sacred and onerous responsibilities to guarantee the portability of justice to people and institutions that seek it, the nation and people will appreciate that,” Ajayi added.

Ajayi also lamented the state of the nation, saying, “Nigeria is currently described as a failed state. It is our prayer that it is revived, re-birthed and resounding again as a nation that will not only hold promises of a better day for its people but actually deliver on the same.”

He concluded with a stern warning, saying that unless institutions and leaders are honest and accountable, the country may face grave consequences.

“Thus honesty must propel institutions and government, else revolt will one day dictate unwholesome developments that will portent dire consequences.”

 

 

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DSS Releases Ex-Ogun PDP Governorship Candidate, Ladi Adebutu

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Ladi Adebutu, the former governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, has been released from detention by the Department of State Services (DSS).

He regained his freedom early Tuesday morning after being invited for questioning in connection with alleged disturbances during the local government elections held last Saturday.

READ ALSO: Supreme Court Rejects Lawsuit Seeking To Abolish EFCC

His release was confirmed by his media aide, Afolabi Orekoya, in a phone interview with Channels Television.

Adebutu’s arrest on Monday was earlier confirmed by the PDP’s Ogun State Publicity Secretary, Kayode Adebayo, who disclosed that the politician was held at the DSS office in Abeokuta.

In a statement, Adebayo said:
“This is to inform the members of our great party, the Peoples Democratic Party, that the leader of the party has truly been detained by the DSS for charges yet unknown.”

The statement called for calm among party members and supporters, adding that Adebutu remained committed to upholding democratic principles.

“However, our principal has called for calm and directed that all members of the party, supporters, and well-wishers should be rest assured that this time shall pass. It is one of the prices for our democracy,” the statement read.

Attempts to secure Adebutu’s bail on Monday evening were unsuccessful, according to Adebayo, but legal representatives took charge of the matter the following morning.

“Several efforts have been made to secure his bail as of 10 p.m. on Monday, 18th November, 2024, either on personal recognition or by a surety, but none has yielded any result so far. His lawyers have been informed, and they will take it up by tomorrow (Tuesday) morning,” he stated.

The PDP urged its members and the public to remain peaceful as the situation unfolded, saying, “By this release, we want our people and the general public to be duly informed about his whereabouts and to maintain calm and peace until this matter is resolved.”

Adebutu, who contested in the 2023 Ogun State governorship election, has yet to issue a personal statement following his release.

 

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Gov Okpebholo To Probe Mass Demolition of Homes During Obaseki’s Tenure

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Edo State Governor, Monday Okpebholo, has pledged to set up a Commission of Inquiry to investigate the controversial acquisition of community lands and demolitions carried out by the previous administration of Godwin Obaseki.

This announcement was made during Governor Okpebholo’s visit on Monday to the affected communities of Oke-Oroma, Irhirhi-Obazagbon, and Ogheghe, located in Oredo and Ikpoba-Okha Local Government Areas.

READ ALSO: Cholera Outbreak In Sokoto Claims 25 Lives, Over 1,000 Infected

The visit came two years after the demolition of over 100 houses in the area, which rendered thousands homeless and caused property losses estimated in billions of naira.

In his remarks, the governor emphasized his administration’s commitment to justice and accountability.

“I remember that during my campaign here, I promised to come back, and now I am here. We hate injustice in this administration. That is why we are here and happy to meet all of you. We will listen to your voices,” he said.

Okpebholo assured the residents that the inquiry would thoroughly examine the rationale behind the demolition and subsequent acquisition of the lands by the previous government.

The findings will guide actions to return the lands to their rightful owners, if deemed appropriate.

He added, “In the next few days, I will invite you to the Government House and back it up with actions. A few days from now, we will set up a Commission of Inquiry to look into this land issue so that we can return your lands to you after the findings.

“If Certificates of Occupancy (C of O) have been issued on the lands and the reports confirm this, I will revoke them and return the lands to the people.”

The governor also promised to prioritize security in the affected areas, stating, “Our responsibility as a government is to provide security.

I will speak with the appropriate authorities, and security personnel will come in here to restore peace.”

The controversial demolitions occurred in October 2022, under the administration of Godwin Obaseki.

At the time, the state government claimed it had legally acquired the 1,229 hectares of land in 2017 for a new urban project known as “Coral City.”

According to Chris Nehikhare, the then-Commissioner for Communication and Orientation, 106 structures were marked for demolition, with 24 slated to be repurposed as government offices.

However, affected residents disputed the state’s claims, insisting they had legally acquired their plots.

The demolitions led to widespread criticism, with many describing the government’s actions as unjust and heavy-handed.

The Coral City project, a planned urban development estimated to cost N20 billion for its first phase, was aimed at transforming the area with new infrastructure.

During an engagement in 2023, developers expressed optimism about completing the first phase within six to nine months, citing support from financial partners.

 

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