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Court joins PDP, others in Emefiele’s suit, fixes May 23 for final written adoption

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Court joins PDP, others in Emefiele’s suit, fixes May 23 for final written adoption

A Federal High Court, Abuja, on Thursday, ordered the Peoples Democratic Party (PDP) and two others to be joined in a suit filed by the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, over his presidential ambition.

Justice Ahmed Mohammed gave the order after the PDP and two other lawyers, for themselves and on behalf of members of Save Nigeria, Our Fatherland, moved their motions to the effect.

Emefiele, through his lawyer, had, on Monday, approached the court with an ex-parte motion, seeking the court’s interpretation as to whether he could run for the 2023 presidential primary while he holds as governor of CBN.

He had sought an order of the court, restraining the Federal Government from removing him from office over his presidential ambition, pending the hearing and determination of the substantive matter.

He also prayed the court to stop the INEC from taking any action against him in the bid to contest in the presidential primary by virtue of his office.

The CBN governor made the prayers in an ex-parte motion dated and filed on May 9 by Chief Mike Ozekhome, SAN, seeking an order of maintenance of status quo ante Bellum pending the hearing and determination of the substantive suit.

Emefiele, in the suit, sued the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) as 1st and 2tnd defendants respectively.

But Justice Mohammed did not grant the motion.

Rather, he adjourned the matter until today and directed the INEC and AGF to appear by noon to show cause why Emefiele’s prayers should not be granted.

When the matter was called, counsel for the PDP, Sebastian Hon, SAN, informed the court of his motion dated May 10 and filed on May 11, seeking for an order of the court to join his client in the case.

John Aikpokpo-Martins and Olakunle Edun for themselves and on behalf of members of Save Nigeria, Our Fatherland, said that they have a motion dated and filed on May 11, seeking the order for joinder.

After lawyers to the parties did not oppose the applications, including counsel for the AGF, Oladipo Opeseyi, SAN at the initial time, the court gave Hon and Aikpokpo-Martins the go-ahead to move their motions.

However, shortly after the two lawyers moved their motions, Opeseyi objected to the applications on the grounds that he was just served with the processes today.

The senior lawyer argued that the duo did not apply for the leave of the court to move the motion, saying that he had seven days to respond to the motion based on Order 26, Rule 4 of the court.

“Having not done that, moving the motion is moving an incompetent motion,” he said.

He said they had to apply for special leave of  dispensation to move “a motion that is not ripe for hearing in accordance with Order 26 Rule 4 of this honourable court.”

Responding, Hon, relying on points of law with respect to Order 26, Rule 4 cited by Opeseyi, urged the court to take judicial notice of the proceeding for the day

He argued that while the plaintiff and INEC did not object to his request to move the motion, Opeseyi only made a mere observation before the court gave the leave to move it.

“Observations are not known to the procedures of this court. Observation amounts to waiver,” he said, citing a previous case to back his argument.

On the competency of the motion, he said that a motion that was competently filed and granted to be moved by the court could not have been described as incompetent.

“If your lordship now turns around to grant his (Opeseyi’s) prayer, that will be an attempt to make caricature of the proceeding,” he said.

According to him, counsel cannot approbate and reprobate; it is not permissible for counsel to blow hot and cold at the same time.

Hon said that since Opeseyi did not oppose the motion before it was moved, “he has waived that intention to oppose it.”

Corroborating Hon’s statement, Aikpokpo-Martins aligned himself with the argument.

The lawyer said that Opeseyi had no right to oppose the motions having not do so at the initial time and have not filed a counter-affidavit.

He also said that the AGF counsel cannot at this stage ask for an adjournment to enable him to file a counter-affidavit.

Ruling, Justice Mohammed agreed with the parties seeking to be joined that Opeseyi was in court when the motions were moved and did not indicate his intention to oppose the applications.

“To me, it shows that the learned silk has waives his right to oppose the motion

“It is therefore the opinion of the court that he has waived his right to file a counter against moving the motion,” he said.

He held that the two motions had been granted having been moved by the parties seeking to be joined.

“The PDP is hereby joined as 3rd defendant and John Aikpokpo-Martins and Olakunle Edun for themselves and on behalf of members of Save Nigeria, Our Fatherland, are joined as 4th and 5th defendants,” he said.

Mohammed gave Emefiele 24 hours to amend his originating summons to include the names of the parties seeking to be joined.

Ozekhome, however, prayed the court for an abridgment of time because of the urgency of the matter and the window of the opportunity for holding of the primaries at the convention of the PDP slated for May 28 and May 29 and that of the APC slated for May 30 and June 1.

The application was not opposed to by counsel for the parties.

Justice Mohammed adjourned the matter until May 23 for the adoption of the final written addresses of the parties.

 

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OSUN: Royal Families Back Gov. Adeleke on Suspension of Owa of Igbajo

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IMPRUDENCE: Oyetola Left N76bn Salary, Pension Debts- Official

The Igbajo royal families under the aegis of Onigemo descendants in Boluwaduro Local Government Area of Osun have expressed support to Gov. Ademola Adeleke’s reversal of the enthronement of Prince Gboyega Famodun, as the Owa of Igbajo.

This is contained in a statement jointly signed by the Onigemo of Igbajo, Chief Gbadebo Bamigboye and other royal princes; Prince Jonathan Bamigboye, Prince Adebayo Makinde, and Prince Tunde Dada, on Thursday in Osogbo.

The Governor had on Monday signed an Executive Order suspending the enthronement of the Aree of Iree, the Akirun of Ikirun and the Owa of Igbajo.

The suspension would hold pending the review of their appointments, the governor declared.

Adeleke also directed security operatives to take over the palaces of the three traditional rulers immediately.

The royal families said the governor’s decision would bring sanity to Igbajo community, adding that happenings in  Igbajo-Iloro in the last few days and particularly since the inauguration of Adeleke, had really humbled them.

They said the appointment of Famodun by the immediate past governor, Gboyega Oyetola, did not follow due process and that Adeleke’s decision to review the appointment was “a welcome development.”

They said the Onigemo descendant had on Nov. 9 done a newspaper advert on why the family should be considered for the throne and a protest letter written to the former governor for a level playing ground was ignored.

The royal families also said that the purported press statement by the Owa-in-Council, suggesting that there was peace and joy in the town after the installation Famodun,  as Owa of Igbajo was “a fallacy that only exists in the mind of an oppressor.”

They said the purported press statement could not have been from the highly revered institution of Owa-in-Council, adding that “it could have only come from the media arm of a political party that recently exited power in Osun State.”

They said that the press statement was “lacking in tact, diplomacy, empathy and sensitivity that is found in the ancients”.

The royal families noted that from Nov. 16 to Nov. 24, when Famodun was installed as Owa of Igbajo, “the Igbajo town was militarised with the presence of heavily armed policemen to mull any dissenting voice.”

They said the peace in the town during and after Famodun’s installation was due to the appeal for calm by the President of Igbajo Development Association (IDA), Mr. Sola Fanawopo, on a radio programme.

“To all those who are still hoping to forcefully install Prince Famodun, as Owa of Igbajo because he is perceived to be close to the seat of power without giving a level playing ground to all contestants, the events of yesterday should educate them that power belongs to God.

“Yes, some of the contestants may not be walking or connected to the corridors of power like Prince Famodun.

“They may also not have a voice in the corridors of power like him, but they certainly have a redeemer, and according to Jeremiah 50:34 ” their Redeemer is strong and the Lord of Host is his name and he will thoroughly plead their cause that he might give rest to the land.

“All those who are still playing God in this matter of Owaship tussle should take cue and learn from the events of these few days,” the royal families said.

They urged the Owa-in-Council to note that a golden opportunity has beckoned on Igbajo from the land of relegation.

“Please, be true to your conscience and your God, give Igbajo an Oba that is not partisan, to enable our sons and daughters in PDP to bring home the dividend of their party.

“It is so sad that some of Igbajo citizens could actually be scheming to turn the whole community against the new government by having a partisan king,” they noted.

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New Dawn: Gov. Adeleke Appoints Chief of Staff, SSG, CPS

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New Dawn: Gov. Adeleke Appoints Chief of Staff, SSG, CPS

…Directs LGAs Heads to take over from sacked Council Chairmen 

Gov. Ademola Adeleke of Osun announced three appointments a few hours after he was sworn in.

Adeleke, in a statement on Sunday in Osogbo, appointed a former chairman of Osogbo Local Government Council, Mr. Kassim Akinleye, as the Chief of Staff.

He also approved the appointment of Mr. Teslim Igbalaye as Secretary to the State Government while Mr Olawale Rasheed is Chief Press Secretary.

All appointments take immediate effect.

 Adeleke was sworn in as the sixth executive Governor of Osun on Sunday.

The Chief Judge of the state, Justice Adepele Ojo, administered the oath.

In the meantime, Gov. Ademola Adeleke of Osun has directed career heads of Local Government Areas (LGAs) and Area Councils Development Areas (ACDAs) in the state to take control and charge of their councils from the sacked council chairmen and councilors.

The directive is contained in a statement issued by Adeleke’s Spokesperson, Malam Olawale Rasheed.

Adeleke says the directive is with immediate effect.

“Gov. Adeleke also directed the most senior career heads across all the local government areas, to take charge of their councils.

“This is in compliance with the judgment of the Federal High Court sitting in Osogbo that sacked the council d Local Government Chairmen and Councilors,” the government said.

It would be recalled that Justice Nathaniel Ayo-Emmanuel of the Federal High Court sitting in Osogbo, on Friday, declared the local government election conducted by the Osun State Independent Electoral Commission, OSIEC, as null and void.

Justice Ayo-Emmanuel delivered the judgment based on a PDP suit, asking the court to stop the Osun Independent Electoral Commission (OSIEC) from conducting the Osun Oct. 15 Local Government election.

The judge, in his judgment, stated that the Local Government election that was subsequently held by OSIEC was held in contravention of Sections 29 and 32 of the Electoral Act, 2022.

Reacting to the ruling, the Chairman of the Association of Local Governments of Nigeria (ALGON) in Osun, Mr Abiodun Idowu, called on its members to remain calm and peaceful.

Idowu said the leadership of their party- the All Progressives Congress (APC) and all the chairmen across the 69 LGAs, ACDAs had filed a ‘Notice of Appeal and Stay of Execution’ against the ruling.

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OSUN: Court nullifies OSIEC conducted LG election before Adeleke takes over 

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Editor's Pick: Man, 50 jailed 4 months for stealing chewing gums

 A Federal High Court in Osun, on Friday, nullified the State Local Governments Election conducted by Osun Independent Electoral Commission (OSIEC), even before the outgoing Governor Oyetola hands over to incoming Governor Adeleke.

The Presiding Judge, Justice Ayo-Nathaniel Emmanuel, held that the election conducted by OSIEC on Oct. 15, was illegal, null and void, having not been conducted in consonance with the Electoral Act of 2022.

Emmanuel ordered the Local Government Chairmen and Councillors across the state to vacate all Local Government Secretariats and Offices with immediate Effect.

He said the notice given by OSIEC for the election was not in compliance with Section 28 of the OSIEC  Act 2022. 

”Section 24 of the OSIEC laws gives 360 days notice and also section 25 and section 26 of the OSIEC laws are also insistence with the electoral act in term of submission and publication of names.

The PDP had approached the court praying that the Court stop OSIEC from going ahead with the election.

Other respondents in the matter include the Independent National Electoral Commission (INEC), All ProgressIve Congress (APC), and its former party Chairman, Oba Adeboyega Famoodun, the Owa of Igbajo. 

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