The Supreme Court on Friday sacked David Umar as the Senator representing Niger-East in the newly constituted ninth Senate and declared Muhammed Musa as his replacement.
Umar was the Chairman, Senate Committee Chairman on Justice, Human Rights and Legal Matters, in the last Senate.
In a unanimous judgment of the five-man panel led by the Acting Chief Justice of Nigeria, Justice Tanko Muhammad, the apex court nullified the earlier verdict of the Court of Appeal in Abuja, which had validated Umar as the rightful candidate of the All Progressives Congress in the February 23, 2019 senatorial election.
The apex court, after nullifying the Court of Appeal’s judgment, restored the earlier verdict of the Federal High Court which had declared Musa, as the rightful candidate of the party.
Justice Folashade Giwa-Ogunbanjo of the Federal High Court in Abuja had on February 7, 2019, declared Musa as the rightful candidate.
In the lead judgment delivered by Justice Olukayode Ariwoola, on Friday, the apex court agreed with Musa’s legal team led by Chief Wole Olanipekun (SAN), that the Court of Appeal wrongly interpreted the provision of section 285(9) of the Constitution.
Justice Ariwoola held that the Court of Appeal was, therefore, wrong to have struck out the suit filed by Musa before the Federal High Court after adjudging the suit to be statute-barred.
He held that contrary to the Court of Appeal’s judgment, Musa had instituted his suit within time, as the mandatory 14 days period within which the suit ought to be filed, should be counted from the date the Independent National Electoral Commission published the names of candidate and not from the date a winner of the primary was declared.
Justice Ariwoola held, “At the end of the day, as this court has held in some other judgments including the one delivered yesterday (Thursday), that, time began to run not from the time primary election was conducted but at the time the name of the 1st respondent (Umaru) was forwarded to INEC instead of the name of the appellant.
“In the circumstance, the court below was wrong in holding that the action was statute barred.
“The court below was wrong in its interpretation of section 285(9) of the Constitution (as amended) in view of the available facts.
“In the final analysis, this appeal is meritorious and deserves to be allowed. Accordingly, the judgment of the court below delivered on April 8, 2019 is hereby set aside and the judgment of the trial court delivered on February 7, 2019 is restored and affirmed. The appeal is allowed.”
Other members of the panel, including the Acting CJN who headed it, agreed with the lead judgment.
My hubby is not a rapist, says Omodele Fatoyinbo
Wife of the Senior Pastor of the Commonwealth of Zion Assembly, Pastor Omodele Fatoyinbo has denied claims of her husband, Biodun Fatoyinbo, raping Busola Dakolo.
According to her, it is impossible for her husband to be a rapist.
Mrs. Fatoyinbo speaking during the church service on Sunday said “My husband is not a rapist. Even if he was an unbeliever, he would not be a rapist.”
Her husband, however, took the microphone from her before she could finish her speech, and said: “the elders are handling the matter.”
No sermon was delivered during the service that rounded up one hour before the normal time service closes.
Busola Dakolo, wife of popular musician, Timi Dakolo, during the week accused Fatoyinbo of having carnal knowledge of her when she was sixteen years old, but the Pastor has since denied the allegation.
JUST IN: Masked DSS operatives, police, army surround COZA
Operatives of the Department of State Services wearing hooded masks, the Nigerian Army, the Nigeria Police Force and officials of the Nigeria Security and Civil Defence Corps have surrounded the Commonwealth of Zion Assembly in Guzape, Abuja, PUNCH reports
Our correspondent, who is currently at the scene, observed at least 50 security operatives with patrol vehicles on either side of the road on Nasir el-Rufai crescent where the church is located.
It was gathered that although security officials are usually deployed in the church every Sunday, the number of operatives today is higher than usual.
The deployment of security operatives may not be unconnected with threats by several rights groups to protest at the church following allegations of rape levelled against COZA senior pastor, Abiodun Fatoyinbo.
Mrs. Busola Dakolo, the wife of popular musician, Timi Dakolo, had on Friday accused Fatoyinbo of raping her 20 years ago.
The allegation caused a storm over the weekend with groups calling for the arrest of Fatoyinbo while some of his supporters have stayed by his side.
The COZA founder has, however, denied all the allegations levelled against him.
Fatoyinbo rape scandal: Groups plan to stage protest today
A coalition of human rights groups will on Sunday (today) stage a protest to the Commonwealth of Zion Assembly to demand the stepping down of the church’s senior pastor, Biodun Fatoyinbo, to allow a probe following a rape allegation against him by Busola, photographer and wife of musician, Timi Dakolo.
This is coming as the leadership of the Christian Association of Nigeria is set to meet that of the Pentecostal Fellowship of Nigeria over the matter.
A statement by the Special Assistant, Media and Communications, to the CAN President, Pastor Adebayo Oladeji, said the association would get to the root of the matter.
The statement read in part, “The Christian Association of Nigeria, as a body, condemns any case of rape in strong terms. It doesn’t matter who is involved. It is ungodly, wicked, and reprehensible. However, on the allegations against Pastor Abiodun Fatoyinbo, we have no details about the matter other than what we are reading on the social media. This is not reliable and credible evidence enough to jump into a conclusion.”
Convener of the planned protest, Dr Princess Olufemi-Kayode, said the pastor must step down to allow the allegations to be investigated.
The sexuality minister/sex and intimacy coach said the coalition would stage a protest at the Lagos and Abuja branches of the church.
She said, “We are planning a peaceful protest to the church as women advocates and citizens of Nigeria. It is necessary for the leadership of the church to take action. This is not the first person making such accusation against the man. It is only proper for him (Fatoyinbo) to step aside while the allegations are investigated. He was not the one that was supposed to sign the statement released by the church yesterday (Friday). That letter should have been signed by the chairperson of the governing board of the church, or the person next to him in hierarchy. We cannot just write this off as propaganda against the body of Christ. This is actually about a particular individual. We are not saying we are the judge and jury, but we want these allegations to be properly looked into.”
Also reacting to the issue, the president, Women Arise and rights activist, Dr Joe Okei-Odumakin, said it took courage to go public about such issues.
She stated, “Everyone who speaks up is a woman/man of courage no matter how long they have carried the heartache. We support all victims of domestic violence and rape is top on the list. We will do our best in this case alongside other well meaning professionals already doing a great job supporting the family. However, every case has three sides; my side, your side and the right side. Every accused deserves his right to be heard.”
Odumakin also said beyond the sensation of the current situation, all stakeholders must join hands to find a solution to the rape scourge, maintaining that her organisation and its allies would lead the conversations in the coming days and months.
However, a member of COZA and supporter of the embattled pastor, who spoke with our correspondent on condition of anonymity, said that the case would be resolved in court.
He said, “I have made my position on social media and I don’t want to say anything at this point. It is a legal matter which is already in court. Let’s see how it goes.”
A Senior of Advocate of Nigeria, Tayo Oyetibo, also stated the matter could still be pursued in court.
He said, “There is no statute of limitations in criminal law. She (the accuser) knows best. She knows the facts of the case. Whoever makes the allegation is the one that would provide the evidence.”