Electoral power, Cybercrime Trial & Judicial Authority (Sowore, Justice Crack, ADC, INEC, El-Rufai)

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[00:00:00]Good day and welcome to Matters of Law, where we examine our judicial justice system through constitutional provisions, statutory authority, and judicial interpretation. Not emotion, not politics. I'm your host, Michelle Chebatar.

[00:00:14]This week, we review major legal developments involving electoral powers, military jurisdiction, cybercrime prosecutions, judicial recusal, and enforcement of court orders.

[00:00:26]Let's begin.

[00:00:27]The Federal High Court in Abuja has granted bail to blogger and social media commentator Justice Chidiebere, popularly known as Justice Kaka, in the sum of 5 million naira. Justice Kaka was arraigned by the State Security Service on charges bordering on alleged crime, breach of public peace, and felony.

[00:00:46]He pleaded not guilty to all charges.

[00:00:49]His arrest followed by a videos in which he raised concerns over the welfare and feeding conditions of Nigerian soldiers deployed to conflict zones.

[00:00:58]Justice Joyce Abdulmalik, while ruling on the bail application, held that the defendant should be admitted to bail to enable him stand trial.

[00:01:07]The decision is anchored in Section 35 of the 1999 Constitution, which guarantees personal liberty, and Section 36, which guarantees fair [music] hearing and presumption of innocence until proven guilty. The court also considered established legal principles that bail should ordinarily be granted [music] except where there is substantial risk of flight, interference with investigation, and threats to public peace.

[00:01:32]The case further engages provisions of Cybercrimes Act relating to online publications and electronic communications.

[00:01:40]We came for two cases.

[00:01:42]The most important one was Justice Kaka.

[00:01:45]He's been granted bail.

[00:01:47]Although the bail conditions were ridiculous, but the lawyer said they'll work on it.

[00:01:52]What we had demanded for was the Ministry of Justice to discontinue the case.

[00:01:58]There was no offense committed, so there was no basis for prosecution. They said he's a level 15 civil servant.

[00:02:05]He has to drop the He has to drop his international passport.

[00:02:09]Uh and also that the level 15 civil servant must provide rent agreement for four consecutive years. They don't even want the level 15 uh civil servant to progress.

[00:02:21]He has to be someone who is renting house from uh And you know these are ridiculous conditions placed in his way.

[00:02:29]In conclusion, the court reaffirmed that bail remains a constitutional safeguard intended to ensure the liberty of accused persons pending the determination of criminal charges.

[00:02:41]Moving on, the Federal High Court in Abuja has fixed June 5 for judgment in a suit seeking the deregistration of the African Democratic Congress, [music] Accord Party, and the other parties over alleged constitutional breaches.

[00:02:56]Justice Peter Lifu fixed the date after the dismissal of applications for stay of proceedings and joinder filed by politicians and parties seeking to be [music] joined in the suit. Yes, what happened um in court today?

[00:03:08]Uh as you are aware, the governor of Osun State, His Excellency Adeleke, and the governor uh chief candidate of the Accord Party in Ekiti State applied to be joined as parties to this suit.

[00:03:24]Uh the court in a considered ruling refused the application for joinder and it was dismissed.

[00:03:32]Uh uh the Accord Party and uh APP also appealed against the ruling of joinder uh to the Court of Appeal. Uh they filed a motion for stay of proceedings uh pending the determination of the appeal. Uh their application is also dismissed today by the trial court.

[00:03:52]And under that, due to time factor, that the matter should be taken, which has given accelerated hearing.

[00:03:59]All our processes were adopted today by all the parties, and the matter is now adjourned to the 5th of next month for judgement. That will determine whether our court party, uh ADC, Action Alliance, and two other political parties will participate in the 2027 election or not.

[00:04:18]Because the the issue center around interpretation of section 225A of the constitution, which require 25% in each state of the federation or uh including the federal capital territory, one local government in a governorship election, councillorship, uh state assembly members, and senate and house of reps. These are the issue.

[00:04:42]The parties are contending that in some state, they do have that uh position, uh elected officer. But the interpretation of the constitution is uh to our understanding, which is before the court for the court to interpret.

[00:04:57]Having only a counselor satisfy the constitutional provision, which we say no. And that's what the court would interpret.

[00:05:05]Those affected by the ruling include Ademola Adeleke and Oluwafemi Abiodun Arapanbi of the Accord Party, alongside Sunny Yakubu Nomah of the ADC.

[00:05:17]The matter is [music] anchored in constitutional provisions relating to the registration and operation of political parties in Nigeria, particularly section 221 to 229 of [music] the 1999 constitution and relevant provisions of the electoral act.

[00:05:34]The court is expected to determine whether the affected parties violated constitutional or statutory requirements [music] sufficient to justify deregistration.

[00:05:42]The case also reflects the powers vested in the judiciary under section 6 subsection 6B of the constitution >> [music] >> to determine disputes relating to political associations and electoral compliance. Well, we we are happy that the matter have gotten to this stage.

[00:06:03]All parties have been able to adopt their briefs and now waiting for judgement.

[00:06:09]Highlights of the proceedings today was ruling on the previous applications for joinder and for stay of proceedings.

[00:06:19]Which the court in its way considered ruling. First that the matter has gotten to an advanced stage. That was need to make a pronouncement on the substantive suit and there was no compelling reason to stay proceedings.

[00:06:36]In conclusion, the forthcoming judgement is expected to clarify the legal thresholds required for the registration of political parties under Nigeria's constitutional framework. Publisher and activist Omoyele Sowore did not open his defense in his ongoing cyber bullying trial before the Federal High Court in Abuja after seeking a recusal of the presiding judge, Justice Mohammed Umar.

[00:07:01]Sowore is being prosecuted over alleged defamatory statements made against President Bola Ahmed Tinubu on his social media account.

[00:07:08]He has denied wrongdoing.

[00:07:10]At the previous sitting, the court dismissed Sowore's no case submission holding that the prosecution had established a prima facie case requiring him to enter a defense.

[00:07:20]Following the ruling, Sowore and his counsel orally requested [music] that the judge withdraw from further handling of the matter alleging bias.

[00:07:29]The prosecution opposed the application [music] arguing that such request must be formally filed to enable a proper response.

[00:07:36]The court subsequently directed the defense to file a formal application for recusal.

[00:07:41]You know, was uh a a narrative uh that was uh put out by the prosecution that there was an order of court asking us to file a specific process for recusal of this matter.

[00:07:57]Uh we reminded the court that no such application was made.

[00:08:01]And that the age-long practice that we met in law and that we are willing and ready to stick to and go by is the procedure whereby a client or a defendant or a party in a matter that strongly feels that the pendulum of justice is strongly tilted against him.

[00:08:28]The application he can make is to apply to the chief judge who is the administrative head of the court asking another judge another court to be constituted to hear his matter in a manner that will ensure his right to fair hearing.

[00:08:49]The confidence of all parties in the adjudicatory system in any court system in the world is quite very important.

[00:09:01]It will serve no purpose where a party is before the court feeling that he has been convicted [music] even before the proper trial and conviction takes place.

[00:09:12]So, what we are even doing is not a fight between the defendant or the defense can defense counsel or defense team and the court, no.

[00:09:19]We are trying to enthone, restore the confidence that the people have in the court. If the defendant is saying, "My lord, I I have lost confidence in you." It is very dangerous for us to continue to come before that court.

[00:09:34]Until it is determined we can't continue because the if the defendant is not confident in the court, how can the media, the public have confidence?

[00:09:46]If we now proceed to judgement, how are we going to say that that judgement has satisfied fair hearing? The matter engages section 36 of section one of the 1999 constitution, which guarantees fair hearing before an independent and impartial tribunal.

[00:10:02]The application also reflects the constitutional doctrine of judicial impartiality, which permits [music] judges to withdraw from proceedings where there's a legitimate perception of bias capable of undermining public confidence [music] in the administration of justice.

[00:10:16]It is instructive to note [music] that under the customary judicial process, a judge who really has no interest upon hearing such a proclamation in open [music] court, knowing fully well that his own biased mind he has he has been put to question, would ordinarily just make a one ruling order that I hereby make an order recusing myself from this matter and I hereby remit the case file to the honorable the chief judge to reassign.

[00:10:47]That's all. But then we are now in a stage where we have to come in formally and we have to start going through the rigorous processes of, you know, applications. Now, this is also instructive to also further note that however the decision is made, the public confidence and integrity of the court is already in tire.

[00:11:09]And that is the reason why there is no amount of justice that is assumed to be done in this case from here on forward that would be seen as just In conclusion, the court will determine whether sufficient legal grounds exist to warrant the accused [music] application while ensuring the defendant's constitutional right of fair hearing is preserved.

[00:11:30]Today the the case was meant to discuss my request during the last hearing that the judge should hands off the case.

[00:11:44]Recuse himself. That's legal terminology for it.

[00:11:49]When we arrived court today, we served on the prosecutor and the judge himself a letter, which is the proper way to go about it.

[00:11:58]>> [music] >> That we sent to the chief judge of the Federal High Court.

[00:12:03]To ask the judge to return the case file for reassignment, simple as that.

[00:12:08]And uh the judge uh saw it, asked if the prosecutor had seen it, and the prosecutor said he's seen it, and uh the judge said he's adjourning till June 4th to hear from the chief judge if he decides to reassign the case or not.

[00:12:30]Uh but I will say that something a little weird happened. He's asking the prosecutor to respond to our letter to the chief judge.

[00:12:40]We didn't write to [music] the prosecutor.

[00:12:42]We didn't file an application to the prosecutor. We filed an application to chief judge to ask the judge to return the case file [music] for reassignment, not the judge.

[00:12:51]Not the prosecutor. So, that's what happened in court today. The criminal trial involving cryptocurrency entrepreneur Linus Ifejirika, popularly known as V Lord, was on May 19th, 2026, adjourned by the Federal High Court in Abuja to June 3rd, 2026, pending [music] reassignment to another judge.

[00:13:11]V Lord is facing charges bordered on alleged identity theft, frauding, and unauthorized use of image and likeness of social media activist Martins Otse, also known as Very Dark Man.

[00:13:23]The adjournment followed [music] the earlier recusal of Justice Rita Ofili Adjudicator, who withdrew from the matter over alleged social media interference, online attacks, and pressure surrounding the case.

[00:13:36]The case file has been since returned to the Chief [music] Judge of the Federal High Court for reassignment.

[00:13:43]I think so far uh parties are in agreement that uh this matter can really be resolved.

[00:13:51]Bello himself has said it the umpteenth time that he has no interests in um dragging issues that are not really worth it.

[00:14:01]Uh Martins Vincent Obotse, who is my very good friend and brother, has also indicated uh his intentions to see that this matter is equally resolved.

[00:14:14]Uh parties are in discussion.

[00:14:17]And in due course, we will tell the world what we have come to terms with.

[00:14:21]But I can assure everybody that as young persons in this country, as persons who have a lot to give in this country, we believe that the problem is not is not either of them.

[00:14:37]The problem is not Very Dark Man. The problem is not Bello.

[00:14:41]Disagreements there was in the past, we admit. But that disagreement is not enough to tear the youths of this country apart. Youths that have a lot to give to the society if they unite. It is my honest belief, which I hold very dearly, and I have asserted this at every forum, that the Nigerian youths of like mind stand a lot to gain by being united than by being divided. Under Section 36, Subsection 1 of the 1999 Constitution, [music] every accused person is entitled to fair hearing before an impartial court.

[00:15:19]The judge may [music] therefore recuse herself Where circumstances raise concerns about external influence or possible bias capable of affecting judicial independence.

[00:15:30]In addition, criminal offenses are regarded in law as offenses against [music] the state.

[00:15:35]This means private reconciliation between parties does not automatically terminate criminal proceedings unless the prosecution formally withdraws the charges >> [music] >> in accordance with the law and the provisions of the Administration of Criminal Justice Act 2015.

[00:15:51]In conclusion, the matter now waits reassignment [music] by the Chief Judge of the Federal High Court and is expected to come up again on June 3, 2026 for mention and further proceedings. The Federal High Court in Abuja has notified portions of the timetable and schedule of activities released by the Independent National Electoral Commission for the 2027 general elections.

[00:16:13]Justice Umar in a judgment delivered on Wednesday [music] held that INEC exceeded its statutory powers by shortening timelines and that's expressly provided >> [music] >> under the Electoral Act 2026.

[00:16:24]The suit filed by the Youth Party challenged aspects of the commission's revised timetable [music] for the forthcoming elections.

[00:16:31]The court ruled that INEC could not lawfully abridge timelines relating to party primaries, submission of candidates' particulars, withdrawal and replacement of candidates, publication of final candidate list, and campaign periods.

[00:16:46]The judgment is grounded in sections 76, 116, 132, and 178 [music] of the Constitution, which empowers INEC to conduct elections but require the commission to operate within the limits prescribed by the Electoral Act. The court also relied on section 285 of the Constitution and relevant provisions of the Electoral Act, which established mandatory timelines for electoral processes. Justice Umar held that while INEC possesses administrative powers [music] to issue election schedules, those powers cannot override timelines unless [music] expressly fixed by statute.

[00:17:19]The ruling further reinforces the constitutional principle that administrative acts must remain subordinate to existing laws >> [music] >> enacted by the National Assembly.

[00:17:28]Reacting to the judgment, citizens described the ruling as a welcome development ahead of the 2027 elections, noting that it validates concerns previously raised over certain provisions affecting the electoral process. I'm not a supporter of uh a party system. [music] I I I think I believe in uh individual candidacy, because the problem we are in in this country is is is as a product of certain political parties giving us less of an option.

[00:18:02]Because if a political party primary produces [music] a candidate, and maybe other political parties' primaries produces candidates each for their parties, and those candidates might not be uh chosen. So, it's they are giving us option to choose a lesser evil.

[00:18:20]Like, okay, maybe this one will be better than this, and which we are actually not sure. So, the political party in Nigeria is actually not favoring us as a citizen. Though, there are some people who are benefiting from it, >> [music] >> and that is their That's That's what they they do.

[00:18:36]In conclusion, the court held that INEC cannot lawfully alter statutory timelines [music] fixed by Electoral Act, reaffirming that electoral powers must be exercised strictly within constitutional and legislative boundaries. The second accused person in the alleged coup plot trial involving 36 defendants, Colonel Mohammed Madi, has challenged the jurisdiction [music] of the Defense Headquarters Garrison General Court Martial sitting in Abuja.

[00:19:02]In a preliminary objection filed before the tribunal, Madi urged the court to strike out the charges against him, arguing that the military tribunal lacks legal competence to entertain the matter.

[00:19:14]The objection filed pursuant to rules 36 subsection 1 >> [music] >> and 37 subsection 1 of the rules of procedure army 1972 described the charges as fundamentally defective and incompetent in law. The matter concerns allegations of mutiny and conspiracy to overthrow the administration of President Bola Tinubu.

[00:19:35]The legal dispute engages section 36 of the constitution which guarantees fair hearing and requires criminal [music] proceedings to be conducted before a tribunal properly constituted by law.

[00:19:47]It also draws from section 6 subsection [music] 6B which vests judicial powers in courts and legally recognized tribunals including military tribunals established under the armed forces act.

[00:19:59]Under the armed forces act courts-martial [music] possess jurisdiction over offenses relating to mutiny, insubordination and acts of prejudicial to military discipline.

[00:20:10]However, the defense argues that jurisdictional requirements must be strictly complied with before such authority can be exercised. [music] The objection further reflects the settled legal principle that jurisdiction is fundamental [music] to every proceeding and where a tribunal lacks competence its proceedings become null and void.

[00:20:29]Reacting to the development the citizen maintained the allegations relating to attempts [music] to undermine the government amount to a grave offense against the nation stressing that the accused persons should allow law order to take its full course rather than selectively [music] challenging aspects of the proceedings.

[00:20:49]You see anytime you sign up for to to join the military you have signed every part of your life your livelihood, everything to to the to the nation.

[00:21:08]As far as I'm concerned, I'm the son of a of a military personnel.

[00:21:12]My father died some 50 something years ago.

[00:21:16]You Every Everybody knows the punishment for a coup.

[00:21:22]Once you are caught, you are a dead man.

[00:21:27]If you are found guilty under the military law and regulation, you are you are dead you are a dead man.

[00:21:36]So, and uh military justice is not open for public debate.

[00:21:48]They have even tried to allow people like Falana to go and defend officers in so many cases.

[00:21:58]It is the military that have the approval. They have every They have their legal department that tries this this type of people.

[00:22:08]And once they see their activity surrounding why they arrested them and they find person culpable, he's a he's a goner.

[00:22:19]In conclusion, >> [music] >> the tribunal will determine whether the court-martial was properly constituted and whether it possesses the legal authority to proceed with charges against the accused officer.

[00:22:31]And finally, the trial of former Kaduna State Governor Nasir El-Rufai continued at the Federal High Court in Abuja with the prosecution presenting evidence relating to allegations of unlawful interception of private communications.

[00:22:44]During proceedings, the prosecution played a 43-minute interview granted by El-Rufai on Arise Television [music] in which he allegedly stated that someone wiretapped a conversation involving the National Security Adviser and forwarded the recording to him. The prosecution witness told the court that investigators interviewed the National Security Adviser, Nubari Badum, who confirmed that the reference conversation had indeed taken place between him and the chairman of the Independent Corrupt Practices and Other Related Offences Commission.

[00:23:16]The matter engages section 37 and 45 of the Constitution. Section 37 guarantees the privacy of citizens, including correspondence and telephone communications, while section 46 permits restrictions of certain rights in the interest of national security, public safety, and public order.

[00:23:35]The prosecution also relies on provisions of the Cybercrime Act and national security laws regulating unauthorized [music] interception and disclosure of private communications.

[00:23:46]The court is expected to determine whether the alleged interception and dissemination of communication violated constitutional privacy protections [music] and national security regulations.

[00:23:56]The ongoing trial has continued to generate [music] mixed reactions among citizens, with some describing the matter as politically motivated, [music] while others viewed as consequence of past actions.

[00:24:07]Reacting to the Arise Television interview, some citizens also described El-Rufai's disclosures as excessive, noting that certain revelations may have gone beyond acceptable public commentary. Uh actually, uh the issue of El-Rufai is uh is the issue is being politicized.

[00:24:30]Uh actually, I knew that yes, there was a statement by the former chairman of the APC, uh Adams Oshiomhole, that says when you join APC, your sin is forgiven.

[00:24:49]Uh if you don't join, your sin will remain with you.

[00:24:55]And you face the consequences any consequences at all that come after that.

[00:25:02]So I knew that quite okay.

[00:25:06]If you you are not with APC you must face some challenges.

[00:25:12]That is what Elefai is going through today.

[00:25:15]In conclusion, the case raises critical constitutional questions regarding the balance between private rights, national security concerns, and the legality of intercepting communications in criminal proceedings.

[00:25:27]Across today's cases, one principle [music] remains constant. Every institution, whether electoral bodies, political parties, military tribunals, or security agencies, must operate within the limits imposed by the constitution and the law.

[00:25:42]From electoral timelines to cyber prosecutions and enforcement of court orders, judiciary continues to define the boundaries of lawful authority [music] and constitutional accountability in Nigeria.

[00:25:53]This is where we draw the curtain on this edition of Matters of Law. I'm your host, Michelle [music] Tubasa. Join us next week as we continue to examine the law, not as politics, not as opinion, but as the supremacy of the constitution.