Monthly Archives: September 2019

BREAKING: DSS refuses to receive court order on Sowore’s release

Nigeria’ Department of State Service(DSS) has twice on Friday blocked a bailiff of the Federal High Court in Abuja from effecting a fresh service of the court order for the release of the convener of #RevolutionNow protest Omowole Sowore.

It was learnt that the bailiff first arrived the DSS headquarters in Abuja, where he (Sowore) had been held since August 3, 2019, around 9.30 a.m. on Friday, but was asked to return by 12 noon when the Director-General of DSS, Yusuf Bichi, would be around.

But it was learnt that the bailiff returned to the DSS headquarters at 12.14 p.m. on Friday, but was denied access.

One of Sowore’s lawyer, Sam Ogala, who was at the main gate of the DSS office during the bailiff’s attempt to serve the security agency, confirmed the development to our correspondent.

Sowore’s legal team led by Mr. Femi Falana (SAN), had on Thursday expressed shock over DSS’ claim that it had not been served with the order issued by Justice Taiwo Taiwo of the Federal High Court in Abuja granting bail to Sowore.

On Thursday, after DSS’ spokesperson denied that the agency had been served with the court order, Falana said, Ayuba Adam of the Legal Department of the DSS received the court order on behalf of the agency on September 24, 2019 (Tuesday).

The DSS’ denial came after news broke that Sowore’s legal team had commenced a contempt suit against the DSS boss for failing to comply with the court order for Sowore’s release.

The DSS, on August 3, arrested Sowore, the publisher of SaharaReporters and former presidential candidate in the 2019 general elections over his call for a revolution protest scheduled to hold on August 5.

Justice Taiwo, on August 8, granted an ex parte application by the DSS permitting the security agency to keep the activist for 45 days.

The 45 days period expired on Saturday.

Barely 24 hours to the expiration of the 45-day detention order, the Attorney-General of the Federation’s office filed charges of treasonable felony, cybercrime offences and money laundering against him before the Federal High Court in Abuja.

On Tuesday, following Falana’s application, Justice Taiwo ordered the release of Sowore, from the custody of the DSS pending his arraignment in court.

The judge ordered him to submit his passport in the court’s registry as the sole condition for the bail.

Sowore’s lawyers have said that the terms of his bail have since been fulfiled, however, he has yet to be released.

BREAKING: Court Orders the release of Sowore

The Federal High Court sitting in Abuja on Tuesday struck out the application by the Department of Social Security (DSS) to further detain the publisher of SaharaReporters and convener of RevolutionNow, Omoyele Sowore, TVC reports.

This follows the withdrawal of the application by the state counsel.

Sowore’s lawyer, Femi Falana, persuaded the court to order immediate release of his client as the prosecution is no longer interested to detain him further

Counsel to the DSS, however, challenged the oral application for release saying that a formal suit has been filed whereSowore is being accused of treasonable felony which is a capital offence.

Sowore was arrested on August 3rd, two days before a rally tagged Revolutionnow for allegedly plotting to overthrow an elected government.

The prosecutor is asking the Court to deny the respondent bail due to the fresh charges filed against him.

In response counsel to Sowore said the application for bail was withdrawn and the prosecutor’s application for further remand was also withdrawn. He stressed that the new charges can’t metamorphose In a remand order.

Mr Falana urged the court to disregard the submission on the prosecutor. Mr Falana said the prosecutor can not ask the court to detain a citizen prospectively and in anticipation of the arraignment of the defendant order his detention.

Source: TheNation

BREAKING: UK’s Supreme Court stops suspension of parliament

Britain’s Supreme Court on Tuesday said that parliamentarians could reconvene “as soon as possible” after ruling that a decision by Prime Minister Boris Johnson to suspend parliament was unlawful.

“It is for parliament, and in particular the Speaker and the Lord Speaker, to decide what to do next. Unless there is some parliamentary rule of which we are unaware, they can take immediate steps to enable each House to meet,” the ruling said.

(AFP)

BREAKING: Atiku head to Supreme Court on Presidential Election Tribunal Judgement

The presidential candidate of the Peoples Democratic Party (PDP) in the 2019 general elections, Atiku Abubakar, and his party, have formally filed their appeal against the judgement of the presidential election petitions tribunal at the Supreme Court.

Atiku and party appeal challenging the judgment of the presidential election tribunal which dismissed their petition and affirmed the election of president Muhammadu Buhari

Atiku and his party filed the appeal on five grounds.

They alleged that the panel of the presidential election tribunal erred in law “when they relied on “overall interest of justice” to hold that the 2nd Respondent’s Exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”

They also alleged amongst other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration. The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.

More importantly, the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest the election.”

They also alleged that the tribunal erred in law when they held thus: “There was/is no pleadings in the Petition to the effect that 2nd Respondents failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election.

“In other words the issue of failure to attach certificates which have been flogged throughout the length and breadth of the Petitioners Address (es) in Reply to 1st, 2nd and 3rd Respondents final written address is not the case of the Petitioner in the pleadings. No issue was joined on nonproduction of certificates or failure to attach them as an infraction of section 131, 137 and 138 of the Constitution of Federal Republic of Nigeria, 1999 as amended.

All submission about the failure to produce certificates or attach same to CF001 is hereby discountenanced. Even if it can be said that the submissions made are in tandem with the Petitioners Pleadings on issues 1 and 2 the fact remains that none of the facts pleaded were proved or established as required by law.”
According to them they pleaded and proved the allegation that the president gave false information of a fundamental nature to INEC in aid of his qualification.

They further stated that they also pleaded that the Nigerian Military denied that it held or was in possession of the President’s certificates. And that the failure of the president to produce his Certificates or attach same to Form CF001 in the face of unequivocal denial by the Army that his Certificates were not with them went to the root of the allegation against him that he gave false information of a fundamental nature to INEC in aid of his qualification.

They are therefore asking the Supreme Court to set aside the judgment of the tribunal and grant the prayers sought by them.

74th UNGA: Buhari Arrives New York

President Muhammadu Buhari has arrived in New York for the 74th Session of the United Nations General Assembly (UNGA).

The president who departed Abuja on Sunday morning arrived in Manhattan at about 8:30 pm.

He will be the 5th on the list of presidents to address the assembly.

According to the Minister for Foreign Affairs Geoffery Onyeama, President Buhari will use the opportunity to articulate the priorities of the Nigerian government to the world.

He also noted that Nigeria is hoping to partake in engagements that will help the country have seats in several organisations such as the International Maritime Organisation, the World Heritage Committee, and the International Civil Aviation Council.

Nigeria will also be pushing for the UN’s support in the war on terror, the humane treatment of migrants, as well as Nigeria’s quest to recharge lake Chad.

Source: ChannelsTV

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