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Nigeria’s Constitution allows S’Court to accept fresh evidence, Atiku counters Tinubu

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Candidate of the Peoples Democratic Party (PDP) in Nigeria’s disputed 2023 presidential election, Atiku Abubakar, has insisted that the Nigerian Constitution does not stop the Supreme Court from accepting his fresh evidence against President Bola Tinubu in his fight to nullify his victory in the February 25 election.

Atiku had, on October 7, filed a motion to present fresh evidence against Tinubu at the apex court following the release of his academic records by the Chicago State University in the United States which the former Vice President said were forged.

However, the president’s legal team led by Wole Olanipekun (SAN) filed a counter application asking the Supreme Court not to entertain any fresh depositions made by the PDP flag bearer as they were brought outside the 180 days provided by the Electoral Act for the hearing of the petition on the election.

Olanipekun further argued that the apex court lacked the jurisdiction to receive and decide on the fresh evidence at this stage of the appeal.

But in his objection to the application by Tinubu’s team, Atiku, in a reply filed, revealed on Saturday, by his lead counsel, Chris Uche (SAN), insisted that the time limit for determining disputes involving assembly and governorship elections at the lower tribunals does not apply to the Court of Appeal, and by extension, the Supreme Court.

Part of the PDP objection reads:

“Thereafter, the constitution was intentional and deliberate in setting the 180 days limit only for election tribunals, and not for the Court of Appeal. On the other hand, when it came to appeals, the Constitution clearly and expressly extended the same to the Court of Appeal.

“The Constitution clearly excluded the Court of Appeal in the preceding subsection.

“The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

“An appeal shall lie from decisions of the Court of Appeal to the Supreme Court as of right in the following cases – (e) decisions on any question – (i) whether any person has been validly elected to the office of President or Vice President under this constitution.”

The Supreme Court had fixed Monday, October 23 as the date it would begin hearing on the application filed by Atiku in his fight to unseat Tinubu.

Metro

Following backlash, Nigerian govt withdraws treason charges against minors

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The Nigerian government has officially withdrawn the treason charges it entered against some minors who participated in the #EndBadGovernance protest that spread across the country from August 1 to the 10th.

The nation was thrown into shock on Friday when the Nigeria Police presented 76 protesters at the Federal High Court in Abuja on charges bordering on treason. Among the suspects were four minors who slumped before they could be arraigned before the court.

This caused serious uproar in the country with Nigerians condemning the government and calling for the unconditional release of the kids and the dismissal of the charges against them.

The decision to withdraw the charges against the underage accused came following a directive by President Bola Tinubu who ordered the immediate withdrawal of the charges and an in-depth investigation into what led to the arrest and detention of the minors.

Tinubu had also ordered the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, (SAN) to officially take over the case file as well as review the cases following public outcry that came with the arraignment of the minors.

The charges were finally withdrawn on Tuesday at the Federal High Court in Abuja through an application for discontinuance filled by the Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar, on behalf of the AGF.

According to Abubakar, the discontinuance application was based on provisions of sections 174(1), (b) and (c) of the 1999 Constitution, as amended, and 108 of the Administration of Criminal Justice Act, ACJA, 2015.

The DPPF also applied for further proceedings to be conducted without the presence of the minors in the courtroom, in line with provisions of Section 266(b) of the ACJA, 2015, and Section 1 of the Childs’ Rights Act.

In response, human rights lawyer, Mr. Femi Fanala (SAN), who stood in for the accused as well as other defence lawyers in the matter, did not oppose the applications which promoted the judge, Justice Obiora Egwuatu, to strike out the charges, while the four affected minors were also delisted from the charge sheet.

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Zambia: President Hichilema urges traditional leaders to invoke rainmaking powers amid drought

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Zambian President, Hakainde Hichilema, has called on traditional leaders to call upon their rainmaking powers by praying for rain as the nation continues to face the menace of drought.

Hichilema, who made the plea while speaking during the Shikaumpa traditional ceremony of the Ila people in Namwala on Sunday, expressed hope for divine intervention and sufficient rains.

“We pray that this year, God will give us rains, sufficient rains, so we can grow more food, so we can take care of the things, the assets that we keep,” the President stated.

He noted that he was informed of certain chiefs known for their rainmaking abilities, including Senior Chief Mwamba of Northern Province, Chief Sailunga of North-Western Province and Mwami Monze from the Southern Province and urged them to use their powers to invoke rain, adding that the chiefs should continue their prayers for rain, believing that “God will hear our cry.”

The President also encouraged not only the chiefs but also the churches and the entire nation to join in prayers for rain.

“All of us, the churches, everybody, we must pray for rains so that we can take care of God’s people properly,” he said.

The head of state further urged farmers to intensify efforts at planting crops and maximizing their harvest for national food security once the rain comes.

The drought in Zambia in recent
seasons have left 84 districts severely impacted, leading to food shortages and a worsening electricity deficit due to low water levels.

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