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Nigeria court hears opposition’s presidential vote challenge
Business Law Info |
2023/05/09 16:54
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A Nigerian court on Monday began its hearing on separate suits filed by the opposition to challenge the incumbent party’s victory in the country’s presidential election.
The presidential tribunal at the Court of Appeal in the capital, Abuja, heard the opening statements of lawyers representing opposition parties, which are the challenging the outcome of the February vote won by Bola Tinubu of the ruling All Progressives Congress.
As the court hearing began, armed security personnel blocked major access roads and prevented a handful of journalists and lawyers from entering the facility. Some protesters waved Nigerian flags and displayed placards, alleging that the electoral process was flawed.
“Why I am demonstrating is because of the anger and the pain I have as a Nigerian not allowed to express and enjoy the resources of the land,” said protester James Mike, who accused the Nigerian political class of pilfering the country’s wealth from huge mineral and crude oil resources.
Nigeria’s election commission declared Tinubu the winner of the election in a televised broadcast after he garnered 37% of the votes. But the two main opposition candidates rejected the result, questioning Tinubu’s qualification and alleging that results from the country’s 177,000 polling stations were tampered with.
Analysts and observers said that the voting on Feb. 25 was largely an improvement from Nigeria’s previous elections, but said that delays in uploading results might have given room for the figures to be tampered with.
In separate petitions, both second-place finisher Atiku Abubakar of the Peoples Democratic Party and No. 3 finisher Peter Obi of the Labour Party argued that Nigeria’s electoral commission violated the provisions of the law in announcing the results of the election.
Obi has said he has evidence to show he tallied the majority votes in the election while Abubakar has asked the court to disqualify Tinubu, alleging that he has a Guinean passport and therefore wasn’t eligible to enter the presidential contest under the Nigerian Constitution. |
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Delaware Senate confirms two Supreme Court nominees
Business Law Info |
2023/05/05 00:19
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The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.
Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.
“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.
Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”
Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.
“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.
Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.
“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.
Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.
“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”
“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.
Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.
LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.
LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council. |
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Justices to consider case involving fishing boat monitor pay
Business Law Info |
2023/05/01 07:59
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The U.S. Supreme Court will take up the subject of who pays for workers who gather valuable data aboard commercial fishing boats.
Justices announced Monday that they will take the case, which stems from a lawsuit by a group of fishermen who want to stop the federal government from making them pay for the workers. The workers are tasked with collecting data on board fishing vessels to help inform rules and regulations.
The fishermen involved in the lawsuit harvest Atlantic herring, which is a major fishery off the East Coast that supplies both food and bait. Lead plaintiff Loper Bright Enterprises of New Jersey and other fishing groups have said federal rules unfairly require them to pay hundreds of dollars per day to contractors.
“Our way of life is in the hands of these justices, and we hope they will keep our families and our community in mind as they weigh their decision,” said Bill Bright, a New Jersey fisherman and plaintiff in the case.
The high court announced its decision to take the case via an order list that made no comment on the merits of the lawsuit. The fishermen previously lost in lower court rulings. Their lawsuit over fishing monitors is part of a long-standing fight between commercial fishing groups and the federal government over who pays for data collection and regulatory compliance.
Fishermen have argued that Congress never gave federal regulators authority to require the expense of paying for monitors.
Fisheries in the U.S. are regulated by the National Oceanic and Atmospheric Administration. A representative for NOAA declined to comment on the case. The agency does not typically comment on pending litigation. |
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Court rules documents in Sanford case must be unsealed
Business Law Info |
2023/04/08 01:16
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The South Dakota Supreme Court ruled Thursday that affidavits from an investigation into child pornography allegations against billionaire philanthropist T. Denny Sanford must be unsealed.
In 2019, South Dakota investigators searched his email account, as well as his cellular and internet service providers, for evidence of possession of child pornography, after his accounts were flagged by a technology firm.
Sanford, the state’s richest man, was not charged after the South Dakota attorney general’s office said its investigation into the allegations found no prosecutable offenses within the state’s jurisdiction.
Sanford had sought to bar affidavits used to issue search warrants in the case. But the Sioux Falls Argus Leader and ProPublica argued in court that the documents should be made public.
After the decision not to file charges, Judge James Power ordered in June 2022 that South Dakota law required the affidavits to be unsealed. They were kept sealed while Sanford’s attorneys appealed, sending the case to the state Supreme Court. |
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Military police enforce driving ban in snow-stricken Buffalo
Business Law Info |
2022/12/27 17:43
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State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.
Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.
“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.
The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.
The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.
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North Dakota woman who brought raccoon to bar gets probation
Business Law Info |
2022/12/23 12:43
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A woman who brought a wild raccoon into a bar earlier this year will spend a year on probation.
On Tuesday, Erin Christensen of Maddock, 38, pleaded guilty to misdemeanor charges of providing false information to law enforcement, tampering with evidence and unlawful possession of a live furbearer, reported the Bismarck Tribune.
Northeast District Judge Donovan Foughty gave her a suspended six-month jail sentence and a year on probation. He also ordered her to pay $1,100 in fines and fees.
She faced a maximum sentence of about two years in jail and $7,500 in fines.
According to court documents, Christensen said her family found the raccoon, nicknamed Rocky, on the side of a road and was nursing it back to health when she brought it into the bar on Sept. 6. A bartender said Rocky didn’t got loose nor did he bite anyone but state health officials still issued a warning about potential rabies exposure.
Authorities arrested Christensen on Sept. 14 after serving several search warrants in and around Maddock to find her and the raccoon. According to court documents, she wouldn’t disclose Rocky’s location.
Keeping a wild raccoon as a pet is illegal under state law — as is keeping a bat or skunk because they are known carriers of rabies, according to North Dakota’s Game and Fish website. Authorities ultimately euthanized the racoon, who tested negative for rabies.
Christensen has said Rocky’s fate has left her family traumatized.
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