Tribunal Strikes Out Petition For Lack Of Jurisdiction

Published

14 years ago

July 13, 2011

The Election Petitions Tribunal in Delta, has struck out a petition challenging the victory of Mr Peter Onwusanya, as a member of the State House of Assembly.

Mr Nwanze Oduah of Democratic Peoples’ Party (DPP), had challenged INEC’s declaration of Onwusanya of PDP as winner of the April 26 Assembly election in Oshimili South Constituency.

Oduah, in his petition, alleged that Onwusanya has never qualified to contest the election, adding that he did not participate in PDP’s primaries in the constituency.

According to him, non participation in the primaries means that Onwusanya is not the PDP’s candidate in the assembly election in the constituency.

He said that Onwusanya did not score the lawful votes cast in the election and urged the tribunal to disqualify him and award victory to himself (Oduah) “as the only candidate in the election”.

Counsel to Oduah, Mrs R. O. Okonyia, in her submission, urged the tribunal to annul the election of Onwusanya as he (Oduah) was the rightful candidate of PDP for the seat.

But in his defense, Onwusanya’s counsel, Chike Onyemenam, said the tribunal had no jurisdiction to entertain the matter because it was a pre-election matter.

Onyemenam therefore urged the tribunal to strike out the petition.

Ruling on the issue, the tribunal Chairman, Justice Yakubu Dakwah, declared that the tribunal lacked jurisdiction to handle the petition, saying that the matter was hinged on a pre-election matter.

He ruled that “any petition which has to do with issues of substitution and nomination, the tribunal cannot decide on such matters.

“And this petition is predicated on pre-election matters and for that reason, it is hereby struck out.’’

Sexual Harassment: Court Sentences UNICAL Prof To 5yrs Imprisonment

Published

4 days ago

November 19, 2025

The Tide

The Federal High Court in Abuja on Monday, sentenced Prof. Cyril Ndifon, suspended Dean of Faculty of Law, University of Calabar (UNICAL), to five years’ imprisonment without an option of fine.

Justice James Omotosho, in a judgment, held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had been able to prove the evidence in counts one and two beyond reasonable doubt against the 1st defendant.

Justice Omotosho, therefore, sentenced Ndifon to two-year jail term in count one and five-year imprisonment in count two which must run concurrently.

The judge, however, discharged and acquitted Sunny Anyanwu, who was earlier a member of Ndifon ‘s team of lawyers, of the charges against him.

He held that the anti-corruption commission was unable to link the offences in counts three and four in which Anyanwu’s name appeared, to the co-defendant.

The Tide’s source reports that th ICPC had, in the amended charge dated January 19, 2024, preferred four counts against Ndifon (1st defendant) and his lawyer, Sunny Anyanwu (2nd defendant)

Although Ndifon was initially the sole defendant in the sexual harassment charge, Anyanwu was later joined as 2nd defendant in the amended charge.

The development followed allegations that Anyanwu had attempted to pervert the course of justice by calling the star witness on her mobile phone during the pendency of the charge against Ndifon to threaten her.

Anyanwu, while being a lawyer to Ndifon, was said to have called TKJ not not either honour the ICPC’s invitation or write any statement in respect of the allegations of sexual harrament case against his client.

In the amended charge, counts one and two accused the professor of harassing some female students of the school sexually.

The commission said Ndifon, while serving as the Dean of the Faculty of Law at UNICAL, asked a female Diploma student, identified as TKJ and a star witness, to send him “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.

He was also accused to have, on differently occasions, asked TKJ to give him “a blow job” as an exchange for gaining admission into the institution to study law.

Ndifon, a public officer, was alleged to have sexually harassed many female students of the institution using his position to gain undue advantage over them.

While count three was preferred solely against Anyanwu, the two defendants were accused of attempting to influence the course of justice in count four of the charge.

The anti-corruption commission had, on February 14, 2024, closed its case against the suspended professor and Anyanwu.

ICPC counsel, Osuobeni Akponimisingha, told Justice Omotosho after Bwaigu Fungo, the 4th prosecution witness, a Forensic and intelligence Analyst with the commission, was cross-examined by the defence lawyer.

But the defendants opted for a no-case submission, arguing that the prosecution had failed to sufficiently prove the allegations against them.

But Justice Omotosho had, on March 6, 2024, dismissed the no-case submission filed by Ndifon and Anyanwu against the charge.

In defending himself, Ndifon testified as the first defence witness (DW-1), while CSP Babagana Mingali, a Forensic Analyst, who works at the laboratory of the Office of the National Security Adviser (ONSA), gave his testimony as the DW-2.

Delivering the judgement, the judge said the commission had been able to prove the ingredients of the offences in counts one and two.

He observed that Ndifon was unable to controvert the evidence that he unduly pressurised TKJ to perform the immoral act with her.

He said: “The victim was desirous of being admitted into the university and the 1st defendant was in advantage to help her being the dean and the diploma course is under his supervision,

“The instances of undue advantage are so much. The 1st defendant abused his office.”

According to him, the court observes the 1st defendant and see that the 1st defendant is not a witness of truth and cannot be believed by any reasonable court.

“Consequently, the 1st defendant is hereby convicted of count one and count two”, he said.

The judge said being a first-time offender, he was minded to temper justice with mercy as prayed by Ndifon and his lawyer, Oladimeji Ekengba.

On count three, the judge said he observed that although Anyanwu made a phone call to TKJ, this was about four months before the investigation commenced into the case and a charge preferred against Ndifon.

He said the court cannot assume or speculate the intention of the 2nd defendant at the time the act was committed.

Justice Omotosho, therefore, discharged and acquitted Anyanwu of count three and likewise count four which both the defendants were charged.

The judge, however, condemned Anyanwu’s unprofessional act by calling a supposed witness in his client’s matter.

Also Justice Omotosho berated Ndifon’s immoral conduct.

He said: “It was with dismay I read through this case that a Dean of Law can turn himself to a sexual predator.”

He said his randy nature should be condemned by all.

According to the judge, he is a disgrace to the community of learner persons and must be made to face the wrath of the law.

He said this would serve as a deterrent to others like him in public office who have penchant for taking undue advantage over the female folks.

Niger Delta

FRSC Begins Free Vehicle Safety Checks In A’Ibom

Published

4 days ago

November 19, 2025

The Tide

The Federal Road Safety Corps (FRSC) Command in Akwa Ibom State, says it has commenced free safety checks for all categories of vehicles in the state.

The Sector Commander, Mr. Francis Ajatta, told newsmen in Uyo on Monday that the safety checks would continue untill November 20.

Ajatta said the safety checks was the operational window adopted by the corps to relate with the 080-334-22651motoring public, and to demonstrate its commitment to road safety.

He said the exercise was part of FRSC’s proactive steps to reduce road traffic crashes in the state, especially during the ‘Ember’ Months.

The FRSC official urged motorists and vehicle owners in the state to take advantage of the opportunity to ascertain the road worthiness level of their vehicles.

“In the interest of public safety, let’s strive consciously to safeguard our lives, let’s use this opportunity to carry out safety checks on our vehicles.

“As road users, we should be active observers. We should be cautious. We should promptly report any road incident or emergencies to the FRSC Toll-free line –122,” he said.

Niger Delta

Monarch Lauds Fubara Over Speedy Execution Of Projects In Rivers

Published

4 days ago

November 18, 2025

The Tide

A traditional ruler in Rivers State, His Royal Highness, Epelle D. E. Asukokpong has commended the Rivers State Governor, Sir Siminalayi Fubara, for ensuring speedy execution of ongoing projects across the state.

Asuk-okpong, who is the Paramount Ruler of Egwe-Asukokpong in Asarama District, in Andoni Local Government Area lauded the Governor during his inspection tour with his Cabinet on a section of Andoni road linking Oyorokoto fishing community in the area, yesterday.

The Paramount Ruler who expressed satisfaction with the pace of work on the road, commended the Governor for the seriousness he attached to the project.

According to him, “there is a serious motivation on the part of the company handling project.

“With what am seeing today I can say that the Company has redoubled its effort by 50 percent after the Governor’s inspection of the Road on October 28, 2025.

“I thank God for His intervention in the political impasse that was trying to slow down the pace of development in the State.”

The Traditional Ruler, who doubles as PRO of Asarama Divisional Council of Traditional Rulers and Secretary Asarama Town Council of Traditional Rulers said traditional rulers in his domain would continue to support the efforts of Government at all levels to ensure security and development in the area.

He also appealed to the State Government to intervene in the abandoned Asarama, Engendem, Unyeada Ring Road in the area.

It would be recalled that the Rivers State Governor, Sir Siminalayi Fubara, on October 28, 2025, visited the Andoni Atlantic Ocean shoreline to inspect the 13-kilometre road project currently under construction.

The road, when completed, will provide direct access to the beach and link Oyorokoto — a fishing settlement in — to Ngo, the headquarters of Andoni Local Government Area which has since been linked to mainland Ogoni by the Governor.