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Tag: Appeal Court ruling

  • Jubilation in Rivers over Appeal Court ruling

    ……as APC, Cole, campaign organisation say they’ve been vindicated

    There was jubilation Monday in Rivers State, especially in Port Harcourt and its environs, on the ruling of the Court of Appeal for stay of execution of the judgment of the Federal High Court, Port Harcourt on fielding of candidates by the All Progressives Congress (APC).

    Shortly after the appellate court in Port Harcourt, presided over by Justice Ali Gumel, granted the stay of execution of the judgment of Justice Kolawole Omotoso of the Federal High Court in the Rivers state capital, members and supporters of APC and its governorship candidate, Pastor Tonye Cole, trooped to the streets of Port Harcourt and its environs to celebrate, defying the heavy rain.

    Rivers APC, through its Publicity Secretary, Chris Finebone, declared that the main opposition party had been vindicated by the decision of the Court of Appeal, which stayed the execution of the nullification of all primaries of the APC and also restrained the Independent National Electoral Commission (INEC) from fielding the candidates in the February 16 and March 2 elections.

    The main opposition APC in Rivers said: “We have always said that the wheel of justice may grind slowly, sometimes annoyingly slowly, but surely justice comes ultimately. We believe that Monday’s judgment has vindicated APC in Rivers State.

    “Now, anyone who has carefully and painstakingly followed our pending matter at the Supreme Court, especially during the last sitting before the apex court reserved ruling, will easily and safely conclude that our victory at the Supreme Court is only a matter of time.

    “The key issues of representation and jurisdiction, which Justice Chiwendu Nwogu (of Rivers State High Court, Port Harcourt) deliberately overlooked in tailoring his judgment to fit into a predetermined purpose, and yet bandy it as a consent judgment, will be completely deconstructed by the excellent legal minds on the Supreme Court bench. In this particular case, the end will justify our dogged efforts as we shall, once again, prevail by God’s grace.

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    “All Rivers APC faithful should remain resolute, as we are set to recover all that Satan has battled so hard to take away from us. INEC, by today’s Appeal Court ruling, should by now be reinstating our candidates’ names on the ballot, in line with the status quo before the pronouncement by the Federal High Court of Justice Omotoso.”

    Cole, a pastor in the Redeemed Christian Church of God (RCCG) and a co-founder of Sahara Group, in his reaction to the ruling, expressed gratitude to God on the victory.

    Governorship candidate of APC in Rivers said: “I just want to take a minute to thank the Almighty God for his grace upon us all. I know without Him, this would be totally impossible. We were up against it. We still are, but our God who has been with us throughout this journey, will see us to the end.

  • Appeal Court ruling: I remain PDP’s Ogun candidate, says Kashamu

    The senator representing Ogun East, Buruji Kashamu, yesterday dismissed reports that he had been ousted as the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State.

    Kashamu said he remained the party’s candidate, despite a December 18 judgment of the Court of Appeal in Ibadan, the Oyo State capital, which set aside an order by the Federal High Court, Abeokuta, the Ogun State capital, which favoured Kashamu’s faction of the party.

    The senator averred that he had appealed the judgment because of his belief that the appellate court erred.

    Reacting to Tuesday’s judgment, Kashamu’s lawyer Ifeoma Esom said: “His (Kashamu’s) candidature is predicated on the judgment of Justice I. N. Buba of the Lagos Division of the Federal High Court. That judgment is still subsisting and there is no appeal whatsoever against that judgment.”

    Addressing reporters yesterday, Kashamu added: “The Court of Appeal said in its judgment that the matter before it was not a pre-election matter. Hence, it could not have pronounced on the nomination of candidates, let alone sack me or anyone else for that matter.

    “That was not the prayers of the PDP and its officers, who are the appellants in the matter. So, such a prayer could not have been granted.”

    The senator averred that some people “erroneously said the Independent National Electoral Commission (INEC) accepted our list of candidates for the 2019 general elections based on the interlocutory orders of the Federal High Court, Abeokuta, which have now been set aside; then, our nomination as candidates of the Ogun State PDP has been nullified”.

    Kashamu added: “That cannot be true because the Lagos Division of the Federal High Court had a full and final judgment delivered on June 24, 2016.

    “Not satisfied, the other group appealed. On May 4, 2017, the appeal was dismissed. Still not satisfied, they asked the Court of Appeal to relist the appeal.

    “Again, on July 11, 2018, the Lagos Division of the Court of Appeal, in a well-considered ruling, held that the appeal remained dismissed.

    “It is the refusal of the Court of Appeal to relist the appeal that is now pending at the Supreme Court.”

    According to him, the two orders granted by the Federal High Court, Abeokuta, were made in a judgment enforcement proceeding.

    He said: “The first was in relation to the National Convention held between October 5 and 6, 2018. The second order was for INEC to accept, process and publish our list of candidates for the 2019 general elections. “Clearly, the request to set aside the orders of the Federal High Court, Abeokuta, has been overtaken by events.

    “The national convention has come and gone. INEC has also complied with the orders of court and the subsisting judgments.

    “So, how does the decision setting aside the orders of the Federal High Court affect us?”

    According to him, INEC “has since communicated its decision to recognise and deal ONLY with the Adebayo Dayo-led Ogun State PDP exco to the national leadership of our party.

    “On October 25, a letter written by INEC emphatically stated that its decision to accept the list of candidates submitted by the Adebayo Dayo-led exco was predicated on three court suits. It is only the interlocutory orders in the suit that were set aside.

    “The full and final judgments in the two suits in favour of the Adebayo Dayo-led Ogun State PDP exco are yet to be set aside.

    “It should also be pointed out that based on the judgments in the two suits in favour of the Adebayo Dayo-led Ogun State PDP exco, INEC, in a letter dated April 12, 2018, informed the PDP of the commission’s compliance with the two judgments of the Federal High Court.”

    Kashamu took a swipe at the PDP national headquarters for taking sides in the internal crisis in Ogun State chapter of the party.

    According to him, what the party should have done was to mediate between the feuding parties with a view to finding a lasting solution to the crisis.

    The senator noted that if the party was interested in winning in the state, it should be seen working to bring the feuding parties together, rather than take sides with one against the other.

     

  • Appeal Court ruling: I remain PDP’s Ogun candidate – Kashamu

    The Senator representing Ogun East Chief Buruji Kashamu on Thursday dismissed media reports that he had been ousted as the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State.

    Kashamu said he remains the party’s candidate despite a December 18 judgment of the Court of Appeal in Ibadan, which set aside an order by the Federal High Court, Abeokuta, that was favourable to Kashamu’s faction of the party.

    The lawmaker added that he had appealed the judgment because of his belief that the appellate court erred.

    Reacting immediately after Tuesday’s judgment Kashamu’s counsel, Ifeoma Esom, said: “His (Kashamu’s) candidature is predicated on the judgment of Justice I. N. Buba of the Lagos Division of the Federal High Court. That judgment is still subsisting and there is no appeal whatsoever against that judgment.”

    During an interaction with journalists on Thursday, Kashamu added: “The Court of Appeal said in its judgment that the matter before it was not a pre-election matter.

    “Hence, it could not have pronounced on the nomination of candidates, let alone sacking me or anyone for that matter.

    “That was not the prayers of the PDP and its officers who are the appellants in the matter and so such a prayer could not have been granted.”

    He explained that some people had “erroneously said that the Independent National Electoral Commission (INEC) accepted our list of candidates for the 2019 general election based on the interlocutory orders of the Federal High Court, Abeokuta, which have now been set aside, then our nomination as candidates of the Ogun State PDP has been nullified.

    “That cannot be true because the Lagos Division of the Federal High Court had in a full and final judgment delivered on the 24th of June, 2016.

    “Not satisfied, the other group appealed. On the 4th of May, 2017, the appeal was dismissed.

    “Still not satisfied, they asked the Court of Appeal to relist the appeal.

    “Again, on the 11th of July, 2018, the Lagos Division of the Court of Appeal in a well-considered ruling held that the appeal remained dismissed.

    “It is the refusal by the Court of Appeal to relist the appeal that is now pending at the Supreme Court.”
    According to him, the two orders granted by the Federal High Court, Abeokuta, in Suit No. FHC/AB/CS/114/2018 were made in a judgment enforcement proceedings.

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    “The first was in relation to the National Convention held between October 5 and 6, 2018. The second order was for INEC to accept, process and publish our list of candidates for the 2019 general election. “Clearly, the request to set aside the orders of the Federal High Court, Abeokuta, has been overtaken by events.

    “The National Convention has come and gone. INEC has also complied with the orders of court and the subsisting judgments.
    “So, how does the decision setting aside the orders of the Federal High Court affect us?”

    He noted that INEC, “has since communicated its decision to recognize and deal ONLY with the Engr. Adebayo Dayo-led Ogun State PDP Exco to the national leadership of our party.

    “In the 25th of October, 2018 letter written by the INEC, it was emphatically stated that its decision to accept the list of candidates submitted by the Engr. Adebayo Dayo-led Exco was predicated on three court suits, namely FHC/L/CS/636/2016, FHC/L/CS/1556/2017 and FHC/AB/CS/114/2018. It is only the interlocutory orders in FHC/AB/CS/114/2018 that were set aside.

    “The full and final judgments in FHC/L/CS/636/2016 and FHC/L/CS/1556/2017 in favour of the Engr. Adebayo Dayo-led Ogun State PDP Exco which are yet to be set aside. “It should also be pointed out that based on the judgments in FHC/L/CS/636/2016 and FHC/L/CS/1556/2017 in favour of the Engr. Adebayo Dayo-led Ogun State PDP Exco, INEC had in an earlier letter dated 12th April, 2018, informed the PDP of the commission’s compliance with the two judgments of the Federal High Court.”

    Kashamu took a swipe at the PDP national headquarters for taking sides in the internal crisis in Ogun State chapter of the party.

    According to him, what the party should have done was to mediate between the feuding parties with a view to finding a lasting solution to the crisis.

    He said if the party was interested in winning in the state, it should be seen trying to bring the feuding parties together rather than taking sides with one against the other.

  • Appeal Court ruling blown out of proportion, says Ondo govt

    Appeal Court ruling blown out of proportion, says Ondo govt

    The Ondo State government yesterday said the ruling of the Appeal Court on the 2015 primary of the All Progressives Congress (APC) was blown out of proportion due to ignorance.

    Reacting yesterday to the appellate court’s ruling through his Chief Press Secretary Segun Ajiboye, the government said what the court ruled on was whether the service of the originating process on the APC secretariat in Abuja, instead of Akeredolu, was right or not.

    The statement said: “It is, therefore, surprising that this simple ruling is being twisted and misrepresented to the people.

    “You will recall that Segun Abraham went to court to restrain the Independent National Electoral Commission (INEC) from recognising Governor Akeredolu (SAN) as the governorship candidate of the APC.

    “Akeredolu had appealed the ruling of Justice Nnamdi Dimgba of the Federal High Court of Nigeria in Abuja, who ruled that an application for interim injunction sought by Abraham be heard.

    “The governor later took the matter to the Appeal Court, which gave the latest ruling.

    “However, it is very important to note that the Court of Appeal ruling borders on whether the service of the originating process on APC secretariat in Abuja was proper service on Arakunrin Oluwarotimi Akeredolu. The substantive case is yet to commence. But the Appeal Court held that the service was proper.”

    The statement added that the governor, as a Senior Advocate of Nigeria (SAN), who is convinced that a case can only be founded on proper service of the originating processes, has directed that the ruling be appealed in the overall interest of the development of the law.

    Akeredolu urged his supporters and Ondo State residents to remain calm and continue with their legitimate businesses in the development of the state.