The court, in a ruling that was delivered by trial Justice Inyang Ekwo, said it was persuaded by a counter-affidavit the Department of State Services filed to oppose Mamu’s request for bail.

Justice Ekwo held, among others, that Mamu’s application was without merit and that the applicant failed to provide sufficient materials to move the court to exercise its discretion in his favour.

He noted that the defendant failed to contradict the Federal Government’s averments that he posed a flight risk and that there was a likelihood of him committing more offences.

He said, “Generally, the law is that where averments in a counter affidavit are not countered, they are accepted to be true and correct and they require no further elaboration. This is because facts admitted need no further proof.”

The judge held that although the defendant claimed the SSS custody, where he was being kept, could not address his health challenges, the court would have to consider other issues before taking a decision.

“Again, the court will weigh the evidence to see whether the custodians allow the applicant requisite access to medical treatment peculiar to his medical condition.

The court will also take into account the attitude of the defendant/applicant to the medical facility provided to him by his custodian.

“Where there is a medical facility by the custodian of the defendant which can adequately take care of the medical condition of the defendant, then the application for bail on medical grounds will not be countenanced by the court,” he said.

“Now, where the defendant willfully rejects the medical facility given to him by his custodian merely for the fact that such facility is not up to the standard that he expects, then, he has no good medical grounds for bail application.

“A defendant who is in the custody of the state or agency of the state like the complainant/respondent must understand that his medical care is at the expense of the state and must be reasonable in his demands,” he said.

The judge noted that evidence before the court revealed that it was after the defendant declined the DSS medical services that he was taken to Arewa Specialist Hospital and Diagnostic Center, Jabi by the security outfit.

“There adequate tests and treatments were administered at the expense of the complainant/applicant and he was diagnosed with Moderate Obstructive Sleep Apnea and the use of Continuous Positive Airway Pressure was recommended, among other options, at the hospital, ” the judge said.

He said the DSS, however, averred that the hospital was sufficiently capable of handling the medical condition of the defendant and that it was able and willing to take responsibility for the treatment of Mamu.

Justice Inyang Ekwo held that going by the 90 days window period set by the Electoral Act before which the electoral body cannot discontinue voter registration, INEC would have had just a few days to continue with the exercise.

The plaintiffs- Anajat Salmat, Earnest Stanley, Chief Charles Okafor and Mr Samuel Oluwakemi had prayed the court to direct the electoral body to resume voter registration which it had discontinued “208 days before the elections of 2023.”

The suit marked: FHC/ABJ/CS/1343/2022, had INEC as the sole defendant.

The plaintiffs had sought a declaration that the defendant was expected to continue the voter registration, update and revision of voters register till 90 days before the general election pursuant to the provisions of sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Acts, 2022.

They also asked the court for a declaration that it is the constitutional responsibility of the defendant to make sure that every prospective Nigerian voter who has shown the desire to register to vote are not deprived their civil right to register and participate in the forthcoming general elections and an order of court directing the defendant to resume immediately the registration of new voters, update and revision of the register of voters until at least 90 days to the general election slated to hold on February 25, 2023 and March 11, 2023.

INEC in its argument had contended that it ended the Continuous Voter Registration exercise at the time so that the permanent voter cards could be printed in good time, and the distribution of the cards could commence in earnest.

Delivering his ruling, Justice Ekwo upheld two of the plaintiff’s prayers, stating that ‘’INEC is expected pursuant to the provisions of sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Acts, 2022, to continue voter registration, update and revision of voters register until 90 days before the general election billed to take place on Feb. 25 and March 11.’’

He also held that it is the constitutional responsibility of the defendant to ensure that every prospective Nigeria voter who has shown desire to register to vote is not deprived of their civil right to register and participate in the forthcoming general elections.

However, the court held that going by the date of the verdict, the court is unable to grant relief number three as INEC would have had “just a few days away from 90 days before the general election of February 25, 2023 and March 11, 2023.’’

The Peoples Democratic Party welcomed the ruling and urged the electoral umpire to comply with the order barring it from continuing with the voter registration exercise.

The  PDP National Publicity Secretary, Debo Ologunagba, stated, ‘’We have always insisted that INEC should do everything possible to make sure that as many Nigerians as possible are captured in the voter register to enable them to exercise their civic responsibility. If in its wisdom, the court says it is late for INEC to extend the exercise, the law has to be obeyed. We expect INEC to comply with the provisions of the law.”

Similarly, the Director of Strategic Communications of the PDP Campaign Council, Chief Dele Momodu lauded the court, saying, “We are a law abiding party and our candidate, Atiku Abubakar has always been an advocate of the rule of law. So if the court ruled that it is too late for INEC to continue with the process, we welcome this and expect INEC to do the same.”

The spokesman for the All Progressives Congress Presidential Campaign Council, Festus Keyamo, cautioned that it is too late for any court to direct the electoral body to resume the exercise.

Keyamo expressed concern that the call for resumption of the registration exercise is coming too late and may prove difficult to enforce.

He said, “I read that people are asking for the exercise to be continued until 90 days before the election, but whatever INEC decides or does within the law, we in the APC are good with it.

“The point is that even the judgment itself, as I speak with you, is difficult to enforce. This is because the 90 days is almost here already. I think we are just a few days shy of the 90 days to the election.”

The National Publicity Secretary of Labour Party, Abayomi Arabambi, kicked against the order, saying INEC cannot afford to disenfranchise millions of Nigerians that could still be captured.

He said, “INEC can still go ahead with the CVR. Even if it is two or three million Nigerians that got registered, they will be happy to be included. If the commission is convinced that it doesn’t want to disenfranchise anybody, millions can be captured in the remaining days before the 90 days’ limit.’’

But the spokesman for the New Nigeria Peoples Party Presidential Campaign Council, Ladipo Johnson, called for caution, saying whatever INEC plans to do has to be done on time before the constitutional deadline for closure of the voter register.

Justice Inyang Ekwo stopped the retrial after Kalu filed an application against it, saying it would amount to double jeopardy.

Ekwo who however ordered the retrial of former Commissioner of Finance, Jones Udeogu, who was convicted alongside the former Abia State Governor, held that there was no extant order that directed the retrial of Kalu and the judgment of the Supreme Court does not affect him.

The judge gave the warning today Monday, July 12, when Oduah who now represents Anambra North Senatorial District in the Senate, and some other defendants were absent at the proceedings with no explanation from their lawyers

In the 25-count charge filed by the Economic and Financial Crimes Commission (EFCC, Oduah and the nine other defendants are accused, among others, of engaging in the laundering of about N10billion. They are particularly charged with conspiracy, money laundering and maintaining anonymous bank accounts with an old generation bank.

Named with Oduah, as defendants in the charge, marked: FHC/ABJ/CR/316/2020 are Gloria Odita, Nwosu Emmanuel Nnamdi, Chukwuma Irene Chinyere, Global Offshore and Marine Ltd, Tip Top Global Resources Ltd, Crystal Television Ltd, Sobora International Ltd and China Civil Engineering Construction Corporation (CCECC) Nigeria Ltd.

At the mention of the case today, the court noted only the second and third defendants (Gloria Odita, Nwosu Emmanuel Nnamdi) were present.

The development prompted the prosecuting lawyer, Hassan Liman (SAN) to complain about the absence of the other defendants without any explanation from their lawyers. It was at this junction that the judge threatened to issue a warrant of arrest against the former Minister and the other defendants.

The former Air Chief who was in office from September 2010 to October 2012, was re-arraigned alongside his company before Justice Inyang Ekwo on a three-count charge bordering on money laundering, illegal possession of firearms and possession of official documents without lawful authority.

An agent of the Department of State Services DSS who appeared as the first prosecution witness in the case identified the three bags in which the money allegedly recovered from the former Air chief’s house was stashed.

According to the DSS agent, the three bags labelled A, B and C contained US dollars, Barbados dollars, Naira notes among others. The bags of money were then admitted as evidence while the judge ordered the court registrar to safe keeps the money with the Central Bank of Nigeria pending further order of the court.

The former lawmaker who was arrested on December 31, 2019, was granted a N10m bail after being arraigned before Justice Inyang Ekwo on two counts of fraud involving alleged extortion of $25,000 from a businessman in November 2019.

Sani whose bail conditions include submitting his international passport to the court and producing a surety with a landed property that is worth the bail sum, was released around 6pm on Thursday January 30 as confirmed by his media aide, Suleiman Ahmed.

The two media houses which belongs to Daar Communications was shut down on Thursday but resumed transmission Friday evening following an order by a Federal High Court in Abuja on Friday.

The court ordered the NBC and other parties to a suit filed by Daar Communications Plc , operator of African Independent Television and RayPower 100.5 FM to maintain status quo.
Ruling on an ex parte application by Daar Communications Plc , Justice Inyang Ekwo directed all the parties to maintain status quo as of May 30, 2019 , pending the determination of the plaintiff’s application for an interlocutory injunction against the NBC and the two other defendants – the Federal Ministry of Culture and Information and the Attorney- General of the Federation.