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Appeal Court sacks Enugu LP Lawmaker for inability to read and write, declares PDP’s Chima Obieze winner

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The Court of Appeal Sitting in Lagos has sacked Hon. Udefuna Chukwudi of the Labour Party as the member representing Ezeagu Constituency in Enugu State House of Assembly for not been able to meet the constitutional requirements.

The appellate court declared Rt. Hon. Chima Obieze of the Peoples Democratic Party, PDP winner of the March 18th election.

Obieze had challenged the declaration of Udefuna as the winner of the election on the grounds of invalid nomination; non-qualification and disregard for the 2022 electoral act.

On September 28th, 2023, the National and State Houses of Assembly Election Petitions siting in Enugu state upheld the Labour Party’s candidate, stating that his election followed the electoral act and he had the minimum requirement to contest for the election.

Obieze in his appeal, argued that position of Hon. Justice Adie Attoe led panel on the qualification of the Labour Party’s candidate; Udefuna Chukwudi is not only contrary to the 1999 constitution as amended, it was also at variance with an existing judgement of the Supreme Court on a similar matter.

Obieze in ground one of his petition said that Udefuna was, at the date of the election/ not qualified to contest the election, in that he does not have the minimum academic qualification “school certificate or its equivalent” as stipulated by the constitution {Section 106 (c)}.

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By the provision of Section 318 (1) of the constitution ((i.e.) the interpretation Section), defines “school certificate or its equivalent as used in Section 106 (c) as follows:

(a) A secondary school certificate or its equivalent, or Grade Il

Teacher’s Certificate, the city and guild’s certificate; or

(b) Education up to secondary school certificate level, or

(c) Primary six school leaving certificate or its equivalent and:

Service in the public or private sector in the federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of 10 years, and

Attendance at course and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year, and

(iii) The ability to read, write, understand, and communicate in the English language to the satisfaction of the Independent National Electoral Commission, and

Any other qualification acceptable to the Independent National Electoral Commission.

Obieze further argued that from the above explanation, it’s evidently clear that a Primary Six School Leaving Certificate, simpliciter, does not qualify as a School Certificate or its equivalent, within the meaning of section 106 of the Constitution, as defined under section 318.

Thus, any person relying on Primary Six School Leaving Certificate, or its equivalent, as his qualification to contest for a seat in a State House of Assembly in Nigeria, must, in addition, satisfy all the three conditions listed under sub-paragraphs (i), (ii), and (iii) of paragraph (c) of section 31 8(1) of the.

Obieze further argued that the ruling of the tribunal is in variance with a Supreme court judgement. The apex court in Lado Anor vs. Masari Ors (2019) LPELR-55596 (SC), expounded the provisions of section 318(1)(c)(i)(ii)(iii) of the Constitution, and clarified that once a person who is relying on a Primary Six School Leaving Certificate or its equivalent is able to show that he also satisfied the conditions itemized under sub-paragraphs (i)(ii)(iii) of paragraph (c) of the definition of School Certificate in section 318(1) of the Constitution, such a person qualifies to contest any election in which the prescribed minimum qualification is School Certificate.

In that judgement, the Supreme court held that Masari was qualified having obtained a TCII certificate and have also served in the public institution for more than 10 years reinforcing the provision of the constitution.

The appeal court upheld Obieze’s appeal, stating that the respondent has not shown that he posses the minimum requirement of being able to read and write.

The court directed the Independent National Electoral Commission to issue certificate of return to Obieze.

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Court martial: 12 soldiers face trial over alleged murder, other criminal offences

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The Commander, 4 Special Forces Command, Nigerian Army, Doma, Maj.-Gen. Olurotimi Awolo, has inaugurated a General Court Martial (GCM) to try 12 soldiers accused of various offences, including alleged murder, assault and aiding criminality.

Speaking during the inauguration on Tuesday in Doma, the Commander, represented by the President of the General Court Martial, Col. Salihu Ibrahim, said the convening order was issued pursuant to powers conferred on him by Section 131(2)(d) of the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria, 2004.

He said the court was constituted to hear the cases of all accused personnel and determine each matter strictly on its merit.

“The court will be guided throughout the trial by the principles of natural justice as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“We are also mindful of the cardinal principle of criminal justice that every accused person is presumed innocent until proven guilty.

“Where the prosecution fails to establish any allegation beyond reasonable doubt, the court will discharge and acquit the accused person.

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“Conversely, where an accused person is found guilty, the law will take its course in accordance with the provisions governing such offences,” he said.

He assured all parties of the court’s commitment to fairness, justice and professionalism, urging prosecution and defence counsels to avoid unnecessary delays and frivolous adjournments.

The court president maintained that speedy disposal of the cases would serve the interest of justice and ensure confidence in the military justice system.

However, trial could not commence immediately after the inauguration as six of the accused persons present in court were declared medically unfit to stand trial.

The court’s Medical Orderly, Sgt. Audu Ahmadu, informed the panel that five of the six accused persons had elevated blood pressure levels.

Following the development, the prosecutor, Capt. Shamsondeen Sadiq, urged the medical orderly to ensure that the affected personnel received adequate medical attention to enable the trial to commence.

The President of the court subsequently adjourned proceedings to a later date, which would be communicated to all parties.

Speaking with newsmen after the inaugural sitting, Barr. George Illah, counsel to one of the accused persons, commended the Command for constituting the court martial.

He expressed confidence in the competence of the panel, noting that the president of the court, other members and the Judge Advocate were qualified to discharge their responsibilities.

“As a defence counsel, I will do my best to ensure that the soldiers standing trial before this honourable court martial get the justice they deserve.

“It is important for people to understand that military personnel standing trial before a court martial are entitled to all constitutional and legal rights guaranteed under the law, and we will ensure that those rights are protected,” he said.

The News Agency of Nigeria (NAN) reports that members of the General Court Martial include Col. A.A. Buhari, Lt.-Col. Victor Yamu, Lt.-Col. A.K. Karma and Lt.-Col. S. Abdullahi.

Others are Maj. J.M. Usendeng, Maj. A.D. Ahmed, Maj. U. Ahmed, Maj. S.L. Sagu, while Capt. U. Nna serves as Judge Advocate. (NAN)

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Appeal Court suspends execution of judgment against ADC, 4 others parties

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The Court of Appeal in Abuja has ordered the stay of execution of the judgment that directed the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

*In a unanimous decision, a three-member panel of the appellate court led by Justice A. B. Mohammed, berated Justice Peter Lifu of the Federal High Court in Abuja for flouting an order it made on May 22, which directed him to suspend proceedings before him.*

*The appellate court held that Justice Lifu’s action amounted to an affront on the hierarchy of courts.*

*It held that the lower court’s action was “the highest form of judicial impertinence,” stressing that the Supreme Court previously held that a judge who acted in such manner “is unfit for the bench as it amounts to judicial rascality.”*

*“Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court. The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.*

*“This court has the duty to invoke its powers in ensuring that its orders are made.*

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*“The application for stay of execution is here yet granted. The enforcement of the judgment is stayed,” the appellate court held.*

Appeal Court suspends execution of judgment against ADC, 4 others

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Troops rescue Widow of late Major General Rabe Abubakar

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Troops of the Nigerian Army’s 17 Brigade have rescued Mrs. Abubakar, the widow of the late Major General Rabe Abubakar, who was abducted by bandits shortly before the retired senior military officer died in captivity.

According to military sources, the rescue operation was carried out in Tunga Village, where troops encountered the armed bandits holding her captive. During the exchange, the kidnappers reportedly shot Mrs. Abubakar before fleeing as soldiers advanced on their position.

The troops immediately secured the area, rescued her and administered emergency first aid.

Military authorities said Mrs. Abubakar sustained gunshot wounds and was bleeding when she was rescued. She is currently receiving medical treatment.

The rescue comes days after the burial of Major General Rabe Abubakar, whose death while in captivity sparked widespread outrage and renewed concerns over insecurity in parts of the country.

Following Major General Abubakar’s death, the Defense Headquarters’ Joint Task Force North West, under Operation Fansan Yamma, launched a major offensive operation, codenamed Operation Clean Sweep III, targeting terrorists and bandits operating in Matazu Local Government Area and neighbouring communities in Katsina State.

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According to the military, the operation commenced on 14 June 2026 to locate and neutralise those responsible for the attack, dismantling criminal networks, and restoring security across the affected communities.

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