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Pre-Election Matters: Federal High Court gets new practice directions

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The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho has issued new Practice Directions on pre-election matters for all 36 divisions of the court across the country, OBSERVERS TIMES report

The court’s acting Information Officer, Oby Nwandu, announced this in a statement on Tuesday.

READ ALSO: NDDC Probe Saga: Legal Action against Akpabio is not off the table–House of Reps

She explained that the practice directions were made in the exercise of the power conferred on the Chief Judge of the Federal High Court by Section 254 of the Constitution.

The practice directions, according to her, mandate all trial courts in every pre-election matter to deliver judgment within 180 days from the date of filing the suit.

Nwandu stated that the practice directions which were made on Friday last week already took effect from the same day.

Read the full statement below:

THE CHIEF JUDGE OF THE FEDERAL HIGH COURT OF NIGERIA, THE HONOURABLE JUSTICE JOHN TERHEMBA TSOHO HAS ISSUED NEW PRACTICE DIRECTIONS, ENTITLED:

FEDERAL HIGH COURT OF NIGERIA, PRACTICE DIRECTIONS (NO. 2) 2020.

ITS OBJECTIVE, AS STATED IN THE PREAMBLE IS THAT, IT IS ISSUED:

IN THE EXERCISE OF THE POWER CONFERRED ON THE CHIEF JUDGE OF THE FEDERAL HIGH COURT OF NIGERIA BY SECTION 254 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA,1999 (AS AMENDED) AND PURSUANT TO THE PROVISION OF SECTION 2(10) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, NO.21) ACT 2017, WHICH AMENDS THE PROVISION OF SECTION 285 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) MANDATING ALL TRIAL COURTS IN EVERY PRE-ELECTION MATTER TO DELIVER JUDGMENT WITHIN 180 DAYS FROM THE DATE OF FILING THE SUIT.

THE SALIENT PROVISIONS CONTAINED THEREIN ARE AS FOLLOWS:

THAT THESE PRACTICE DIRECTION SHALL, SAVE TO THE EXTENT AND AS MAY OTHERWISE BE ORDERED BY THE HONOURABLE CHIEF JUDGE, APPLY TO ALL PRE-ELECTION MATTERS FILED BEFORE THE FEDERAL HIGH COURT OF NIGERIA.

NOTHING IN THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019 SHALL PREVENT A JUDGE OF THE COURT FROM HEARING A PRE-ELECTION MATTER ALREADY PENDING BEFORE THE COURT, DURING THE VACATION PERIOD UNTIL JUDGEMENT IS DELIVERED.

(I) NO PETITION SHALL BE ENTERTAINED AGAINST A JUDGE OF THE COURT HEARING A PRE-ELECTION MATTER, SAVE FROM A PARTY ON RECORD IN SUCH MATTER.

(II) WHERE A PARTY ON RECORD PETITIONS AS IN (I) ABOVE, SUCH PETITION SHALL BE ACCOMPANIED BY AN AFFIDAVIT VERIFYING THE CONTENTS OF THE PETITION.

(III) THE PARTY SHALL CAUSE SAME TO BE SERVED ON THE JUDGE AND ALL PARTIES ON RECORD, NOTWITHSTANDING THAT THE PETITION IS ADDRESSED TO THE HONOURABLE, THE CHIEF JUDGE OF THE COURT.

(IV) WHERE THE PETITION IS ADDRESSED TO THE HONOURABLE, THE CHIEF JUDGE, THE PROOF OF SERVICE OF THE ADVANCED COPIES ON ALL PARTIES ON RECORD AND THE JUDGE CONCERNED SHALL ACCOMPANY THE PETITION.”

THE PRACTICE DIRECTIONS, MADE AT ABUJA AND DATED ON FRIDAY, THE 24TH DAY OF JULY, 2020 ALSO TOOK EFFECT FROM THAT SAME DATE.

SIGNED.

ACTING INFORMATION OFFICER,

OBY CATHERINE NWANDU

FOR: THE CHIEF JUDGE OF THE FEDERAL HIGH COURT OF NIGERIA.

Nation

Uche Secondus Set To Resign As PDP Crisis Deepens, Chairman, Exco Members Pass Vote of No Confidence On Him

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The days of Mr. Uche Secondus as the National Chairman of Nigeria’s main opposition party, the Peoples Democratic Party (PDP) is now numbered as pressure mounts on him to resign or be removed.

The leadership of the party is currently meeting in an emergency meeting over the lingering crises of confidence in the party.

Several members of the party’s National Working Committee (NWC) has reportedly resigned from their offices alleging that the National Chairman, Mr. Uche Secondus has been high-handed in handling the affairs of the party.
In a press conference earlier in the day, the National Youth Leader of the party, Hon Ude Okoye had threatened to resign if the National Chairman does not resign. Hon. Okoye alleged that Mr. Secondus “lacks the intellectual capacity to administer the party.”

Members of the National Working Committee who reportedly turned in their resignation letters include, the Deputy National Financial Secretary, Deputy Legal Adviser, Deputy National Auditor, Deputy National Publicity Secretary, Deputy Women Leader, and Deputy Organising Secretary.

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Crime

I’m not a fraudster – Mompha reveals why EFCC is trying him

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Famous social media celebrity, Ismaila Mustapha, aka Mompha, has denied any link with fraud following his case with the Economic and Financial Crimes Commission (EFCC)

Mompha is standing trail on a 22-count bordering on cyber fraud and money laundering to the tune of N33bn.

Mompha was arrested by the Economic and Financial Crimes Commission sometime in 2020 but was released on bail.

The debate about his lifestyle has continued since the arrest of Hushpuppi.

However, in a recent post via his Instagram, Mompha clarified that the charges filed against him by the EFCC has nothing to do with fraud.

He stated that he’s not a fraudster and was only charged by EFCC for operating BDC without license.

His post read: “I wish to also state that the charges filed against me by EFCC is in relation to allegations of operating BDC without license and has nothing to do with or involving fraud.

“I am, therefore, not a fraudster or in anyway associated with fraudsters.”

Mompha discloses what EFCC told him after Hushpuppi’s arrest

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Nation

APC Crisis: Osinbajo, ministers developing safe option after Supreme Court ruling

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On the instruction of President Muhammadu Buhari, Vice President  Yemi Osinbajo is working out a safe option to resolve the internal political crisis that came on the heels of the Supreme Court ruling last week on the fate of the current APC national Caretaker leadership.

Sources explain last night that already the Vice President had been holding consultations with party leaders and governors on a solution that would  save the party from future legal traps and at the same time be acceptable to all within the APC.

As early as Friday last week, the Vice President first held a legal review session with lawyers in the federal cabinet where the issue was discussed and later also engaged in wide consultations with APC governors just before the Ward Congresses of Saturday.

The Caretaker Committee Chairman was also reported to have rushed down to the Villa over the weekend with Kogi State Governor to explain the stance of the current party leadership to the VP after efforts to reach him had failed earlier on Friday.

It is believed that the VP, who has been asked to resolve the matter by the President, is intent on ensuring that the party benefits from what seems to be a legal warning from the Supreme Court ruling which had a 4-3 verdict with the justices questioning the constitutional validity of a sitting governor holding such an executive post as national party caretaker chairman.

While a last minute cancelation of the congresses was on the table on Friday night, APC governors explained to the VP that majority of them would rather prefer to go on with the congresses even though some felt an outright cancelation of the congresses would be inevitable if it went ahead.

A source who is aware of the ongoing consultations said it is not true that the VP directed the Attorney General on the matte, especially since the AGF is not a party official. As for Governor Buni, there was no communication between the VP and him until late Friday night when he reached out to the VP around midnight. But by then the governors had already argued for the continuation of the Congresses, although some Governors including one from north had strongly argued against proceeding with the ward congresses.

Dailysun

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