LAW
PAGE 26
PEOPLES DAILY, MONDAY, JULY 15, 2013
Court slates Oct. 8 to hear suit seeking to compel Jonathan to remove subsidy Stories by Sunday Ejike Benjamin
A
Federal High Court in Abuja has slated October 8, 2013 to hear the suit brought by a former governorship candidate in the 2007 elections in Anambra state, Chief Stanley Okeke asking the court to compel President Goodluck Jonathan to immediately remove the subsidy being paid on petroleum products in the country. The court sitting before Justice Adeniyi Ademola also directed parties to file written addresses in an application to join the Management Board of the Petroleum Equalization Fund (PEF), the Petroleum Products Pricing Regulatory Agency (PPMC) and the Ministry of Trade and Investments as defendants in the suit. The judge also said that written addresses in the suit will be adopted on the next adjourned
date. Okeke is seeking an order compelling President Jonathan to refund back to the Federation Account, such sum earlier appropriated and or approved under the sub-head of fuel subsidy funds or money that cannot be justified in the face of the pervasive corruption, perennial fuel shortage and long queues being witnessed in the country. The Minister of Petroleum, Diezeni Allison-Madueke and Minister of Finance Dr. Ngozi Okonjo-Iweala are joined as 2nd and 3rd defendants in the suit. The plaintiff is also asking the court for an order directing Okonjo-Iweala to stop further payment of fuel subsidy money predicated on the corrupt, illegal and unlawful fuel subsidy regime. Okeke is asking the court to declare that the fuel subsidy currently being funded by the Feder-
al Government is a waste of public funds and therefore unlawful and illegal to sustain same. He also prayed the court for: “A declaration that the pervasive corruption inherent in the fuel subsidy scheme has caused untold hardship to the masses of the country and therefore is an abuse of the rights of Nigerians as guaranteed by the provision of the 1999 Constitution as amended. “A declaration that the fuel subsidy scheme, having failed to achieve the purpose for which it was meant should be out rightly abolished as same has violated the Nigerian people’s rights as guaranteed by the provision of the 1999 Constitution. “A declaration that the failure of the 2nd and 3rd defendants in their Ministerial duties to ensure a corrupt free subsidy regime is a breach of public trust and a violation of their oaths of office as contained in the seventh sched-
ule to the 1999 Constitution. The plaintiff averred in an affidavit that Nigeria, under the leadership of President Jonathan now imports fuel from various oil producing nations for local consumption by Nigerians and that the said importation is highly
A
Anietor informed the court that he was not served with the motion on notice in good time and that he will be opposing the application. Anietor also told the court that he required time to respond to the controversial issues raised by the former governor in the application. The trial Judge, Justice Adamu Bello adjourned till today to hear arguments on the application. Sylva is already challenging the refusal of the trial court to
Kwara Central Senatorial district election: LAK Jimoh heads for S/Court
A
lhaji Lasisi Ayinla Kolawole Jimoh said he is heading to the Supreme Court to appeal the Friday judgement of the Abuja Division of the Court of Appeal which dismissed his appeal on the judgement of a Federal High Court which upheld the election of Senator Abubakar Bukola Saraki as the Senator representing Kwara Central Senatorial District at the National Assembly. The appellate court had, in a unanimous judgement delivered by Justice Moshood A. Adumein, held that Saraki’s nomination as Peoples Democratic Party’s (PDP) candidate in the said election was in total compliance with Section 33 of the Electoral Act. The court held that the appellant (LAK Jimoh) lost in the said primary election of the PDP held in January 2011 and Alhaji Gold
Isiaka won, and that Saraki was duly elected in the special emergency congress of the party for the purpose of electing its candidate for the Kwara Central Senatorial District. “This appeal is hereby resolved in favour of the respondents. This appeal is however dismissed for lacking in merit, there is no order as to cost”, the Judge held. But, LAK Jimoh said the justices of the appeal court erred in law by dismissing his appeal for lacking in merit. He said he has instructed his lawyers to appeal against the judgement as soon as they get the Certified True Copy (CTC) of the judgement. Reacting to the judgement, Senator Saraki, who spoke through his Personal Assistant, Prince Suleiman Ayo Fagbemi,
subsidized by the Federal Government running into billions of Naira. Okeke said the only way to stop the high level of abuse of the fuel subsidy scheme is the removal of the policy by the Federal Government.
Court hears Sylva’s application seeking to travel abroad today Federal High Court in Abuja will this morning hear an application brought before it by the former governor of Bayelsa state, Timipre Sylva seeking the leave of court to travel abroad for medical attention. Sylva’s application stalled the scheduled continuation of his trial on the money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC), at the last adjourned date. The prosecutor, Mr. John
Timipre Sylva
President Goodluck Jonathan
said the judgement was a Ramadan gift to Senator, who, he said has contributed immensely for the development of Kwara state, through transparent and accountable leadership. He advised Jimoh to take the outcome of his appeal in good fate and to assist Saraki for him to succeed at the National Assembly. Saraki, the immediate past governor of Kwara state had earlier asked the Court of Appeal to dismiss Jimoh’s appeal, as he (Jimoh) did not participate in the last National Assembly election in Kwara State and therefore cannot challenge the outcome of the election. The senator also argued that the primary election that produced him (Saraki) was a domestic affair of the PDP, which cannot be inquired into by any
court and the court to dismiss the suit. Jimoh had, in his suit at the trial court challenged Saraki’s nomination as the PDP flag bearer on the ground that a byeelection that produced him was not conducted in accordance with the law. The trial court sitting before Justice Ibrahim Auta, upheld Saraki’s nomination by PDP and dismissed Jimoh’s suit for being baseless, frivolous and disclosing no cause of action. In his judgment delivered March 30, 2012, Justice Auta held that the suit failed to disclose any irregularity, fraud or malpractices in the process that produced Saraki. The court disagreed with the claim of the plaintiff that the byeelection was not conducted according to the Electoral laws.
quash the six-count charge of money laundering slammed on him by EFCC, at the Court of Appeal, Abuja Division. He had earlier asked the court to quash the charge on the ground that there was nothing in the proof of evidence linking him to the alleged offences, a request which the court roundly denied him. The court also refused his other application wherein, he sought the leave of the court to accompany his wife abroad for a scheduled medical appointment.
LPPC shifts interview dates for SAN applicants
T
he Legal Practitioners’ Privileges Committee (LPPC) has shifted the date for the 44 applicants found worthy to attend the interview, preparatory to the award of the rank of Senior Advocate of Nigeria (SAN). A statement made available to newsmen by the Chief Registrar of the Supreme Court and the Secretary of the committee, Sunday Olorundahunsi said the new date is 16th -17th July, 2013 and no longer 15th-16th July, 2013, as earlier announced. The statement regretted all inconveniences the change of date may have caused the general public.