Supreme Court Sacks Stella Oduah, other reps and senators from Anambra

Supreme Court of Nigeria today in Abuja sacked the entire contingent of senators and members of the House of Representatives from Anambra State.

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The decision swept away a host of lawmakers from Anambra State who were illegally foisted on the Peoples Democratic Party (PDP) by former President Goodluck Jonathan and his wife, Patience Jonathan.

The court’s ruling ended the senatorial tenure of former Aviation Minister and first-term senator, Stella Oduah, and aborted the legislative career of former presidential aide, Andy Uba. Also affected are members of the House of Representatives elected on the ticket of the PDP.

Chris Uba, younger brother to Mr. Andy Uba, and Prince Emeka are expected to take over seats vacated by Mr. Andy Uba and Stella Oduah respectively. Former Senator Annie Okonkwo is in line to represent the PDP in a forthcoming election to fill a senatorial seat held by Uche Ekwunife who was sacked last December by the Court of Appeal.

Today’s ruling by the Supreme Court upheld an earlier decision by Justice Chukwu of the Federal High Court laying out the proper procedures for selection of the PDP’s legislative candidates. In December 2014, the Federal High Court had ruled that it was only the constitutionally recognized state party leadership led by Ejike Oguebego that could organize the party primaries. Despite that ruling, former President Jonathan and his wife authorized a rival faction of the state chapter of the PDP to hold parallel primaries in the state. The Jonathan-backed faction then submitted a list of candidates that were not legally elected as the party’s candidates in the Senate and House of Reps.

A legal source familiar with the sharp moves told SaharaReporters this morning that, following the questionable primaries, the illegally chosen candidates then offered financial inducement to a panel of the Court of Appeal which set aside the decision of the Federal High Court, claiming that the judge had no jurisdiction and that the lawsuit was an abuse of court process.

But today’s Supreme Court ruling reaffirmed the High Court’s verdict, declaring that the Ejike Oguebego-led PDP executive had the sole right to hold the primaries in Anambra State. Today’s ruling sacked all PDP Federal legislators because the Oguebego-led executive had not overseen their selection to represent the party in the March 2015 election.

On December 6 and 7, 2014, both the Independent National Electoral Commission (INEC) and the PDP’s National Working Committee had taken part in primaries conducted by Mr. Oguebego’s executive. At the end of the exercise, both INEC and PDP’s National Working Committee declared the following winners: Chris Uba for Anambra South, Prince John Emeka for Anambra North, and Annie Okonkwo for Anambra Central. They were going to represent the party at the 2015 elections before the Court of Appeal upended them, ordering that Andy Uba, Stella Oduah and Uche Ekwunife be accepted as the PDP’s candidates.

Today’s judgment of the Supreme Court, which upheld Justice Chukwu’s ruling, means that the primaries earlier sanctioned by the High Court remain the only legitimate ones held by the PDP in Anambra ahead of the 2015 general elections. During adoption of briefs at the Supreme Court, INEC’s lawyer, Mr. Liman, had conceded the electoral commission’s error by apologizing on behalf of INEC.

C.T. Chinwuba, a lawyer to Prince John Emeka, told SaharaReporters after today’s Supreme Court verdict that the judgment had sorted out the issue of the PDP’s state primaries. He expressed satisfaction that the court’s ruling had clarified the question of who constitutes the legitimate body to hold primaries in the state and also laid to rest the issue of “parallel primaries.”

In December 2015, a panel of the Court of Appeal had removed Senator Uche Ekwunife, citing irregularities with the process that produced her as a candidate of the PDP. The appellate court declared her a product of illegal primaries. SaharaReporters had revealed before the elections that then First Lady Patience Jonathan had ordered that Mrs. Ekwunife be imposed as a candidate. Mrs. Jonathan had then ordered billionaire businessman, Arthur Eze, to ensure that Mrs. Ekwunife was both accepted as the party candidate and declared winner of the senatorial election.

Mr. Chinwuba described Mr. Andy Uba and Ms. Stella Oduah as renegades who chose not to operate within the laws in the state party structures.

Supreme Court Sacks Stella Oduah, other reps and senators from Anambra

Oduah Trial: EFCC accuses judge of bias

The Economic and Financial Crimes Commission (EFCC) has approached the Federal High Court, Lagos for an order disqualifying Justice M. N. Yunusa from handling its six  cases before his court.

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It demanded that the six case files be returned to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for reassignment.

The cases include those of the $2m cash seized at the Lagos airport and the one involving a former Minister of Aviation, Sen. Stella Oduah.

The EFCC is protesting against Justice Yinusa’s order restraining the commission from arresting the former minister.

The EFCC made the plea in an “Affidavit of Urgency” filed on Tuesday before the court by one of its lawyers.

The anti-graft agency is praying for an order disqualifying Justice Yunusa from further hearing of the cases.

It said: “The cases include: Mr Jyde Adelakun and Touch of Flame Energy Company Limited vs. Chairman, EFCC and Ibelema Bristol in suit number: FHC/ L/ CS/ 1285/2015; Federal Republic of Nigeria vs. Michael Adenuga in Suit Number: FHC/L/CS/ 487/ 2014 ; Honourable Shamsudeen Abogu vs. EFCC and Others in suit number: FHC/L/ CS/ 1269/2015; Dele Martins vs. EFCC and Others in suit number: FHC//L/CS/1623/2015 and Chike Obiakor vs. EFCC and Others in suit number: FHC/ L/ CS/2011/2014.

The Commission hinged its request on the grounds of “bias and denial of fair hearing” by Justice Yunusa.

“In one of the cases, particularly the matter between Jyde Adelakun and Touch of Flame Energy Company Limited vs. Chairman, EFCC and Ibelema Bristol, the EFCC sought a consolidation of the suit number FHC/L/CS/1285/2015 and suit number FHC/L/CS/1165/2015 but the application was ignored.

“Besides, a pending Court Order freezing the bank accounts of Adelakun and Touch of Flame Energy Company Limited (who are being investigated in a case of money laundering involving over $2,000,000.00 was communicated to Justice Yunusa, with an application for a short adjournment to enable the EFCC file an affidavit to exhibit the Order.

“Justice Yunusa reportedly turned down the application and even refused an oral application to this effect, but went ahead to fix September 23rd, 2015 for judgment.”

The EFCC believes that “having regard to the events that took place before the court during the proceedings on 21st September, it will not get justice except the case is re-assigned to another judge”.

The anti-graft agency asked for the return of the case files to the Chief Judge of the Federal High Court for reassignment.

The document added: “The EFCC believes that “having regard to the events that took place before the court during the proceedings on 21st September, it will not get justice except the case is re-assigned to another judge”.

“Also, the EFCC is outraged by a fresh order of Interim Injunction granted by Justice Yunusa,  restraining it from ‘arresting, detaining, harassing, intimidating, preventing, refusing, interfering with and /or denying’ one of its suspects being investigated,  his right to personal liberty and freedom of movement into, within and outside Nigeria.

“The suspect, Dr. Martins Olufemi Thomas, is being investigated by the EFCC for ownership and movement of the sum of $2,200,000.00.

“This ex parte order is coming on the heels of similar order by the same judge, barring the EFCC from investigating or arresting a former Aviation Minister, Stella Oduah.

“Justifying its grounds for seeking the disqualification of Justice Yunusa, the EFCC says that “if this application is not granted and the trial judge fails to disqualify himself, the fundamental rights of the Commission to fair hearing will be infringed.

“It is further submitted that it is the law that any proceedings conducted in breach of the fundamental right to fair hearing is a nullity, no matter how well conducted.”

Oduah Trial: EFCC accuses judge of bias

Bulletproof Cars Scandal: Court hears Oduah suit in November

A Federal High in Lagos has further adjourned till November 16, 2015, to hear a fundamental rights enforcement suit filed by a former Minister of Aviation, Mrs. Stella Oduah.

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Oduah is seeking protection of the court from possible probe over the purchase of two armoured  BMW cars at a cost of N160m in 2013 by the Nigeria Civil Aviation Authority under her watch.

She had on August 26, 2015, obtained an interim injunction barring the Economic and Financial Crimes Commission from taking any action against her, pending the determination of the suit.

Though, after granting the interim injunction on August 26, Justice Mohammed Yunusa adjourned hearing of the main case till October 2, 2015, the matter was however listed for hearing on Wednesday.

It was learnt that questions had trailed the granting of the interim order, necessitating the hearing of the case before the original adjourned date.

But when the case was called on Wednesday, Oduah, EFCC and the Inspector General of Police were not represented in court.

Only the  Independent Corrupt Practices and other related offences Commission was represented by its counsel, Funmilola Oluborode.

The ICPC’s counsel said hearing notice was not issued on the commission, adding that she only came to court on the instruction of one of her superiors, who had on Tuesday sighted the case on the case list for Wednesday.

In view of the absence of the other parties, Oluborode sought an adjournment till November 16.

The counsel, who said the ICPC had yet to file any response to Oduah’s suit, begged the court to adjourn the case to enable the commission file its defence.

Though the court pointed out that the suit was a fundamental rights enforcement suit which deserved urgent hearing, the ICPC counsel begged the court to adjourn till November to enable her superior appear in court in person to defend the case.

Yunusa consequently adjourned hearing of the suit till November 16, 2015.

Oduah, who is currently in the Senate representing Anambra North Senatorial District, had approached the court, claiming that the current government under the guise of anti-graft war, was making moves to persecute and humiliate her.

She claimed that the All Progressives Congress government had perfected plans to try prominent members of the Peoples Democratic Party, including herself, on trumped up charges in a Lagos State Government-controlled court.

According to her, this ploy was to depopulate the PDP, so that Nigeria could become a one-party country.

She said unless the EFCC, ICPC and the AIG were barred, they would be used by the APC government to unleash a repression against her and other prominent PDP members, a situation that could “cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”

She said her persecution, which began in the build-up to the 2015 general elections, was spearheaded by the Governor of Sokoto State, Aminu Tambuwal, who was then Speaker of the House of Representatives and the Chairman House’s Aviation Committee.

According to Oduah, the All Progressives Congress, in a desperate bid to capture power, began a campaign of calumny by demonising the most visible leaders of the Peoples Democratic Party, including herself and others who were seen as pivotal to the re-election bid of  ex-President Goodluck Jonathan.

She said as part of the APC’s campaign of calumny, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation, accusing her of all manners of corrupt practices and offences in respect of her stewardship as the Minister of Aviation.

Bulletproof Cars Scandal: Court hears Oduah suit in November