A man, Funmilayo Asojo, has been remanded in a custodial centre by Ondo state Magistrate’s Court sitting in Akure for allegedly killing a man, Bamiduro Adewole with a stone.
The victim, it was gathered, was killed while settling a rift between the defendant and a man who owed him (Asojo) N700 on December 28, 2022 at Ute town, Owo local government area of the state.
The 59-year-old, who was a security guard in a public primary school, was allegedly hit with a stone on the head by the defendant.
He was later rushed to a hospital where he died two days after and the defendant was arraigned on one count of murder.
The offence, according to the prosecution, contravenes sections 319 and 355 of the Criminal Code Law, Cap. 37 Vol. II Laws of Ondo State, 2006.
The police prosecutor, Augustine Omhenemhen, asked the court to remand the defendant in Olokuta Custodial Centre pending the outcome of advice from the Directorate of Public Prosecutions.
The magistrate, R.O. Yakubu, in his ruling ordered the defendant to be remanded in prison and adjourned the case till March 19, 2023, for mention.
Ogun PDP tussle: S/Court dismisses Lawal, others’ appeal (4)
By Kehinde Osasona
Abuja
The Supreme Court has dismissed four appeals that emanated from Ogun state Peoples Democratic Party’s governorship legal battle.
The appeals instituted by one of the governorship aspirants, Otunba Jimi Lawal and some ward delegates, were dismissed on the grounds that the appellants had no cause of action.
Justice Kudirat Kekere-Ekun, leading a panel of five Justices, dismissed the appeals following their withdrawals by the respective lawyers.
In one of the appeals, filed by Tayo Olabode against the PDP governorship candidate in Ogun state, Hon. Oladipupo Adebutu, the appeal was dismissed on the ground that the delegates who filed the action lacked the locus standi (legal right) to do so.
It was agreed that the delegates who claimed to have been disenfranchised in the PDP primary election that produced Oladipupo cannot initiate any court action against the primary election since they were not aspirants in the election.
The apex court held that the law is clear that only an aspirant in a primary election conducted for the purpose of nominating candidates for election, can lawfully challenge the outcome and not any other party member.
In another appeal, that was predicated on the failure to serve originating summon on the defendant, the court held that since the aggrieved defendant participated in the matter from the beginning to the end, the issue of service can no longer take the front burner.
The counsel in the appeals marked SC/CS/1601/22 and SC/CS/1602/22, Mr Deji Eniseyin had made concerted efforts to sway the Justices to the side of the Appellant, but succumbed when he admitted that his clients participated in the trial fully, though in protest.
Tayo Olabode, who led a team of the ward delegates, had in his suit on behalf of his colleagues, alleged that they were disenfranchised from participating in the governorship primary election. Specifically, he requested the court to quash the primary election that produced Adebutu on the ground that unlawful delegates conducted the primary election.
At Tuesday proceedings, the Justices put various questions to the lawyers in the appeals, which were answered negatively.
It was unanimously agrees in the open court that notwithstanding the anger of the aggrieved ward delegates, they are not legally permitted to challenge a primary election in which they were not aspirants.
Based on the findings, the Appellant lawyers comprising Chikwudi Enebeli and Deji Eniseyin, said that they were painfully withdrawing the cases of their clients.
Justice kekere-Ekun, consequently dismissed the appeals on the ground that they have no legs to stand upon.
Recall that the apex court had in a lead judgment by Justice Ibrahim Saulawa ordered speedy hearing of the suit after holding that the Federal High Court has jurisdiction to hear the matter.
