Federal High Court

By Sabiu Abdullah

The Federal High Court in Abuja has disqualified Chief Timipre Sylva of the All Progressives Congress (APC) from contesting the forthcoming gubernatorial election in Bayelsa State, slated for November 11, 2023. 

The ruling, delivered by Donatus Okorowo, came in response to a lawsuit filed on June 13, 2023, by Deme Kolomo, a member of the APC, under the suit number FHC/ABJ/CS/821/2023.

The court found that Sylva, who had previously served as the state’s governor for two terms, would breach the 1999 constitution as amended if allowed to contest again.

Justice Okorowo pointed out that Sylva had been sworn in twice and had ruled the state for a total of five years, making him ineligible to run for office again. 

Citing the precedent set in the case of Marwa vs. Nyako at the Supreme Court, Justice Okorowo noted that the constitution clearly states that no individual should be voted into the office of governor more than two times.

The judge stressed that allowing Sylva to contest the upcoming election and potentially serve another term would exceed the constitutionally mandated limit of two terms, amounting to more than eight years in office.

This ruling has far-reaching implications for the political landscape in Bayelsa State, setting a legal precedent that reinforces the constitutional boundaries governing the tenure of elected officials.

As the people of Bayelsa prepare for the forthcoming election, this decision reshapes the dynamics of the race, opening the field for new contenders and underscoring the importance of upholding the nation’s constitutional principles.

By Uzair Adam Imam

A Federal High Court sitting at Maitama in Abuja has ordered the Department of State Services (DSS) to release the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefele, from detention.

The court order on Thursday asked the DSS to, within seven days, release Emefele or charge him to court as his continued detention is tantamount to a breach of his fundamental human rights.

In a judgement that was delivered by Justice Hamza Muazu, the court held that Emefiele’s continued detention without trial, amounted to a gross violation of his rights.

He added that since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.

The judge was quoted to have said, “Though I am in sympathy with the Applicant (Emefiele), my sentiment will not go far to deliver judgement by granting all the reliefs sought by the Applicant.

“The Applicant has not shown that his arrest, detention and investigation were unlawful.

“However, I am concerned that the application is not without merit. The Applicant is entitled to a fair hearing.

“At this point, the continued detention of the Applicant cannot be justified in the absence of any charge against him.

“At the very least, justice demands that Applicant should be released on administrative bail.

“Consequently, I hereby male an order, directing the Respondents to, within one week, charge the Applicant to court or release him on administrative bail,” the court held.

By Ahmad Deedat Zakari

The inspector General of Police, Usman Alkali Baba, has denied disobeying any court order.  

The denial is coming after Justice M O Olajuwon of the Federal High Court sitting at Abuja ordered the detention of the IGP on the ground of contempt of court. 

In a statement made available to newsmen and signed by the Police Spokesperson, CSP Olumuyiwa Adejobi, in Abuja on Tuesday, the IGP claimed ignorance of the said disobeyed court order. According to the Police, the order was not made during the tenure of the current IGP

“The Nigeria Police Force wishes to state emphatically that the office of the Inspector-General of Police, IGP Usman Alkali Baba, psc(+), NPM, NEAPS, fdc, CFR, did not disregard Court Order or the rule of law as the office is not aware of any Court Order, during the current IGP’s tenure, with respect to a matter making the round in the media that the IGP disobeyed a Court Order for the reinstatement of a dismissed officer of the Force.” The statement reads

However, the IGP said he had directed the Commissioner of Police in charge of the Force Legal Unit to investigate the allegation in a bid to ascertain the position of the court and proffer informed legal advice for the IGP’s prompt and necessary action.

The statement further stressed that the IGP is committed to upholding the rule of law and synergizing with the judiciary to ensure quick dispensation of justice.

By Muhammadu Sabiu

The Court of Appeal in Abuja has on Monday postponed a decision on the Federal Government’s request for a stay of execution of the court’s ruling ordering the release of Indigenous People of Biafra leader Nnamdi Kanu.

When both parties are ready, Justice Haruna Tsanami said they would be informed of the judgement delivery date.

Recall that the Federal Government argued before the Court of Appeal that Kanu is a threat to national security and must be detained in order to keep the peace.

The Daily Reality understands that Kanu had previously shown that he was a flight risk when he left the country after being granted bail on the terrorism charges against him at the Federal High Court in Abuja, according to the Federal Government’s attorney, David Kaswe, who was arguing the motion for a stay of execution of the October 13 judgement rendered in Kanu’s favour.

He said, “My Lords, our concern, the concern of the Federal Government, is the threat the release of Kanu poses to the security of this country and its political, social, and economic activities. We will not be able to lay hands upon him if he is allowed out of detention and finds his way out of the country.”

He, therefore, prayed to the court to make Kanu remain in custody pending when the Supreme Court would eventually determine the pending appeal.

However, Chief Mike Ozekhome (SAN), Kanu’s primary attorney, asserted that the military had wrongfully invaded his client’s ancestral home and that only God’s grace had kept Kanu from dying.

Having disobeyed the October 13 judgement, he informed the court that the government was in contempt of court.

Despite what the Federal Government claims, Ozekhome claimed that only his client’s release could guarantee peace and tranquility throughout the entire nation, not just in the South East.

“My Lord, the action of the Federal Government in respect of Nnamdi Kanu is an insult, a slap in the face to this court. It is also an invitation to anarchy, and I humbly urge this court to dismiss the application for lack of merit,” he said.

By Aisar Fagge

One of the leading telecommunication companies, MTN Nigeria Communication PLC, has been sued at Federal High Court for poor quality service delivery, invasion of privacy and nonchalant attitude towards genuine complaint of the plaintiffs’ request and therefore demands over 600 million naira as damages.

Nigeria Communication Commission (NCC) and Minister of Communication and Digital Economy, Prof. Isa Ali Pantami were also part of the suit for breach of statutory duty to protect the interest of the plaintiffs and ensure compliance with the Nigeria Communications Act, 2005.

The case was filed by the plaintiffs’ counsel, Barrister Abdulkarim Kabiru Maude and the defendants were served with about 150 pages of process on May 12, 2022, and were given 30 days to respond or face the wrath of the court.

According to the plaintiffs, Barrister Ishaq Abubakar Baba and Barrister Shamsi Ubale Jibril who is the staff of Kano State Polytechnic, on November 24, 2021, between the hours of 8:00 pm and 12 midnight, and also on December 13, 2021, around 7:40 pm and 8:45 pm, the MTN Nigeria PLC deprived them a business opportunity with their clients all because of their poor network service delivery which has caused them serious economic loss and mental injury.

In addition, the plaintiffs also complained of receiving disgusting unsolicited SMS from third parties which were allowed by the MTN. This constitutes a violation of their privacy of telephone conversation and telegraphic communication guaranteed to them by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The counsel of the plaintiffs seeks “An order of this honourable court awarding the sum of N 50,000,000 (fifty million naira only) against the 1st defendant (MTN) in favour of the plaintiffs for invasion of their right to privacy . . . .”

“An order of this honourable court awarding the sum of N 500,000,000 (five hundred million naira only) to the plaintiffs as exemplary damages against the 1st defendant (MTN) for aggravating their damage through its act of continued . . . “, part of the process reads.