Tag: Appeal court

  • Appeal Court affirms death sentence passed on Offa robbery convicts

    Appeal Court affirms death sentence passed on Offa robbery convicts

    The Court of Appeal sitting in Ilorin, Kwara State has affirmed the death sentences passed on five 2018 Offa robbery convicts.

    The court dismissed their appeals as lacking merit.

     The Director of Public Prosecution (DPP) in the state, Mohammed Akande, who witnessed the proceedings, said that the three Appeal Court judges unanimously agreed on the judgement and affirmed the verdict of the state High Court condemning the five persons to death by hanging.

     “The Court of Appeal, Ilorin Division comprising of Hon. Justice Ridwan Maiwada Abdullahi JCA, Hon. Justice Gabriel Kolawole JCA and Hon. Justice Abdul Dogo today, Friday affirmed the judgment of Hon. Justice H. A. Saleeman of the Kwara State High Court, that sentenced the Appellants: Niyi Ogundiran, Salawu Azeez, Ibikunle Ogunleye, Ayoade Akinnibosun and Adeola Abraham to death by hanging for the involvement in the Offa Bank Robbery”.

     Another official of the Court also said that the appellate court rejected all the grounds of appeal filed by the convicts and ordered their immediate return to prison custody.

     “The court dismissed all their grounds of appeal and upheld their convictions. They have been taken back to prison,” the official said.

    The official said that the arguments raised at the Court of Appeal were unconvincing and may not succeed if repeated at the apex court.

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     It is recalled that Ayoade Akinnibosun, Azeez Salahudeen, Niyi Ogundiran, Ibikunle Ogunleye and Adeola Abraham were convicted of armed robbery, illegal possession of firearms and culpable homicide.

     A sixth suspect, Michael Adikwu, a retired police officer, died in custody before the commencement of the trial.

     At least 32 people were killed, including nine police officers, two of whom were women, making it one of the deadliest bank robberies in Nigeria’s history.

     Justice Haleemah Saleeman of the Kwara State High Court had earlier sentenced the five convicts to death by hanging after a trial that lasted about six years and attracted nationwide attention.

     In her judgment, which lasted over four hours, Justice Salman held that the prosecution proved its case beyond reasonable doubt.

    She said the convicts “acted contrary to the law and allowed their connections with those in power at the time to lead them astray”.

    In addition to the death sentence, the trial court also sentenced them to three years’ imprisonment for illegal possession of firearms, in line with provisions of Nigeria’s penal laws.

     Lead prosecution counsel, Rotimi Jacobs (SAN), described the appellate court’s decision as thorough and well considered, despite the prolonged delays that characterised the trial.

     On the defence side, Abdullah Jimba, counsel to one of the convicts, said that preparations were underway to pursue a final appeal at the Supreme Court.

  • ‘Provide evidence of corruption among judges,’ Appeal Court’s president tasks Nigerians

    ‘Provide evidence of corruption among judges,’ Appeal Court’s president tasks Nigerians

    The President of the Court of Appeal (PCA), Justice Monica Dongban-Memsem, has challenged those accusing judges of being corrupt to provide evidence to enable relevant institutions to take the necessary steps.

    Justice Dongban-Memsem said, “We keep hearing of corruption among judges. Please provide evidence. That is what we need.

    “Since no one has come up with evidence that we are corrupt, I know that we are not corrupt. We are doing our best.”

    The PCA spoke in Abuja on Monday during a special court session marking the official commencement of the Court of Appeal’s 2025/2026 legal year.

    She expressed discomfort that people criticise the Judiciary when it receives support from the Executive arm of government, arguing that it was not out of place for the government to support the court and its officials to aid its effectiveness.

    The PCA faulted the practice where lawyers encourage the writing of petitions against judicial officers because they feel dissatisfied with the judgment rendered by such judges.

    She advocated for adequate and befitting accommodation for judges, citing the recent case of a retired judge of the Delta State Judiciary, who was murdered in her residence.

    The PCA said that although the circumstances leading to her death were not yet fully known, it was obvious she lived in a not well secured environment.

    Justice Dongban-Memsem said, “So, even after we have left office, we are still not safe, because of the decisions that we have taken.”

    She appealed to both the federal and sub-national governments to extend the provision of houses to all judges rather than limiting it to heads of courts.

    “Our sacrifice to the nation is invaluable. We don’t have alternative places to go. We do not pass files to other people. We sit down, we write our judgments, we read the files, and sometimes, they are very heavy.

    “So, we do not even have time to do other businesses to enable us to provide for ourselves. People should please not begrudge us if we are being supported by the government that we are serving. And their support does not change us.

    “We look at the facts, and we apply the law. If we fail to do that, there are three levels of appeal. Judges can be wrong. But we do not choose to be wrong. 

    “We may misinterpret the facts. If you think we do it deliberately, bring up the facts. Go on appeal. Judges should not be weighed down with answering petitions.

    “Appeal when you can appeal. A judicial decision is supposed to be appealed against, not to be petitioned against,” she said.

    The PCA, who noted that election-related cases were consuming judicial time, urged politicians to learn to resolve their disputes internally and desist from burdening the court with the problems.

    She said, “We hope that the politicians will resolve their disputes internally and leave the court out of it. Endless litigation drains our scarce resources. 

    “We are currently in serious debt. We therefore appeal to political actors: democracy cannot flourish if every electoral contest is dragged into the courtroom. 

    “The spirit of sportsmanship must prevail. We urge politicians to respect the will of the electorate, accept outcomes in good faith, and place the peace and progress of our nation above personal ambition,” she said.

    The PCA, who disclosed that efforts were ongoing for appointing 11 new Justices for the court to fill existing vacancies, appealed to the Attorney General of the Federation (AGF) to impress it on the National Assembly to pass a pending Bill that seeks to increase the number of judicial officers for the Court of Appeal.

    She expressed delight about the court’s performance in the last legal year, noting that during the 2024/2025 legal year, the court received 5,225 appeals and 9,906 motions across its 20 divisions. 

    She added, “In the same period, we successfully determined 3,193 appeals and heard 5,623 motions. Of the appeals concluded, 2,503 were dismissed while 690 were allowed. As at 31st October 2025, the court has 31,618 appeals and 3,382 motions pending.

    “When compared with the 2023/2024 legal year, a clear improvement emerges. In that year, only 2,299 appeals were determined, and the number of pending appeals stood at 41,952. 

    “The significant reduction in the backlog this year reflects the exceptional commitment and hard work of my brother Justices in dispensing justice judiciously and judicially,” she said.

    The PCA said the court’s Alternative Dispute Resolution (ADR) centre equally managed 121 mediation matters as of October 2025, out of which 34 were successfully resolved through mutually agreeable settlement arrangements, resulting in enforceable resolutions duly approved by the court. 

    “A total of 26 matters were returned to the court for adjudication due to parties being unable to reach a consensus. Consequently, 61 matters remain pending before the centre,” she said.

    The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), disclosed that the Federal Government was in the process of appointing more judges at the Federal High Court to hasten the pace of determining terror-related cases.

    Fagbemi tasked the Judiciary to do all within its capacity to reduce delays in its handling of terror-related cases and commercial matters in view of their effects on security and the economy.

    He stressed the importance of the Judiciary to the government’s efforts at combating insecurity and attracting foreign direct investments.

    Fagbemi said, Rather than resorting to indiscriminate detention or relying solely on battlefield engagements, the government is focused on the timely prosecution of suspects implicated in mass-casualty attacks, kidnap-for-ransom networks, extremist recruitment, and terror-financing activities.

    “The government is equally mindful that this can only be achieved by enhancing the capacity of the judges who would handle these cases and other cases in the docket of our courts. 

    “The Government of President Bola Ahmed Tinubu GCFR is therefore committed to the immediate appointment of additional judges of the Federal High Court to reinforce and boost our national counter-terrorism efforts and ensure that terrorism-related cases and other cases are handled promptly and effectively.

    “I therefore respectfully urge this Honourable Court to accord accelerated hearing to commercial cases whose outcomes bear directly on the economy, investor confidence, and the prosperity of our people.

    “At this solemn juncture in our national life, it is also impossible to ignore the grave challenge of insecurity that confronts our country. 

    “From insurgency and terrorism to banditry, kidnapping, and violent crimes, these threats imperil not only the safety of our citizens but also the very fabric of our constitutional democracy.

    “The judiciary, as the guardian of justice and the custodian of the rule of law, must lend its weight to national efforts to combat insecurity. 

    “Through firm, consistent, and courageous adjudication, the courts can ensure that those who threaten peace and stability are held accountable, that impunity is dismantled, and that the sanctity of human life and property is protected.

    “This is because prosecuting delays can extend periods of insecurity while damaging public trust in judicial procedures. 

    “The judicial system’s effectiveness strengthens when terrorism cases receive swift hearings and resolutions, which demonstrates that terrorism faces immediate and decisive legal action,” Fagbemi said.

    The Minister of the Federal Capital Territory (FCT), Nyesom Wike, assured that the FCT administration will continue to support the Judiciary and courts in Abuja.

    He identified some projects that have been undertaken in that regard over the last year and promised to do more to ensure a conducive environment for the court and the judges to function effectively.

  • UPDATED: Appeal Court affirms judgment barring VIO from stopping, impounding vehicles

    UPDATED: Appeal Court affirms judgment barring VIO from stopping, impounding vehicles

    …cost against VIO rises to N3.5m

    The Court of Appeal in Abuja has affirmed the October 2, 2024 judgment of a Federal High Court in Abuja barring the Directorate of Road Traffic Services (DRTS), also known as VIO, from further stopping, impounding, or confiscating vehicles on the road and imposing fines on motorists.

    In a judgment on Thursday, a three-member panel of the appellate court resolved the three issues identified for determination against the appellant, DRTS.

    Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal, marked: CA/ABJ/CV/1243/2024, was without merit.

    Justice Oyewumi awarded a cost of N1million against the appellant and in favour of the respondent, an Abuja-based rights activist and public interest lawyer, Marshall Abubakar.

    The N1million cost awarded by the Court of Appeal is in addition to the N2.5million cost earlier awarded by the Federal High Court against the DRTS and its officials.

    Abubakar had sued before the Federal High Court in Abuja, claiming that some DRTS officials had confiscated his Honda car without affording him a fair hearing.

    Sued along with the DRTS are the Director of Road Transport, the Area Commander, Jabi, the Team Leader, Jabi, and the Minister of the Federal Capital Territory (FCT).

    In the October 2, 2024 judgment, Justice Evelyn Maha upheld Abubakar’s case and granted all the reliefs sought by the plaintiff.

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    Justice Maha agreed with the plaintiff that no law empowers the respondents to stop, impound, confiscate, and seize vehicles or impose a fine on motorists.

    The judge held that the first to the fourth respondents, who are under the control of the fifth respondent (FCT minister), are not empowered by any law or statute to stop, impound, or confiscate vehicles and/or impose fines on motorists.

    She issued an order restraining the first to the fifth respondents, either through their agents, servants, and or assigns, from impounding, confiscating the vehicles of motorists, and or imposing fines on any motorist.

    Justice Maha held that doing so is wrongful, oppressive, and unlawful.

    The judge also issued an order of perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies, or anybody acting on behalf of the first respondent, from further violating the rights of Nigerians to freedom of movement, presumption of innocence, and right to own property without lawful justification.

    She proceeded to award a cost of N2.5million against the defendants.

  • Battle for 9mobile ownership shifts to Appeal Court

    Battle for 9mobile ownership shifts to Appeal Court

    A businessman, Alhaji Abubakar Ismaila Isa, has filed a Notice of Appeal challenging the ruling of Justice M.G. Umar of the Federal High Court in Abuja delivered on September 24, 2025, in suit FHC/ABJ.CS/1971/2024.

    Isa had earlier sued Seltrix Limited and eight others with respect to the alleged illegal transfer of 43 million ordinary shares in the capital of Teleology Nigeria Limited. 

    The Notice of Appeal was filed on October 13, 2025, at the Registry of the Federal High Court, Abuja.

    The respondents in the appeal are Seltrix Limited, Hayatu Hassan Hadejia, Teleology Nigeria Limited, Mohammed Edewor, Emerging Markets Telecommunication Services Limited, Corporate Affairs Commission, Nigerian Communications Commission, LH Telecommunication Limited, and Gen. Theophilus Yakubu Danjuma.

    The judge struck out the suit of the appellant on the ground that he has no locus standi to institute it.

    The court held: “I carefully perused the said exhibit to see if the allegation of the plaintiff is substantiated; I did not find any.  Nowhere was there any figure of the 43,000,000 ordinary shares held in trust for the plaintiff by the first defendant mentioned…”

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    Isa faulted the decision in his Notice of Appeal as contained in his two principal grounds of appeal.

    He questioned the entire ruling for striking out the suit without considering his statement of claim with respect to his assertions that there exists a trust between him and the first respondent in the appeal.

    He argues that the trial judge wrongly considered affidavits supporting the preliminary objection instead of focusing on the appellant’s Writ of Summons and the Statement of Claim.

    The appellant insists that locus standi (the legal standing to sue) should be determined solely from the Writ of Summons and Statement of Claim as per established case law (Pharmatek Ind. Ltd. vs. Trade Bank Nigeria Plc).

    Isa, through his legal team led by Femi Atteh (SAN), states that the lower court failed to recognise that when locus standi is challenged, all claims in the Statement of Claim should be accepted as correct.

    The appellant also raised the ground of improper consideration of substantive issues at the preliminary stage.

    Isa contends that the trial judge incorrectly delved into the substantive issue of trust between the appellant and the first respondent in his ruling on the preliminary objection.

    The appellant said that whether a trust existed regarding 43 million shares or not is a substantive issue not to be decided before a full trial.

    The appellant asserts that the first respondent holds the shares in trust and has breached that trust, establishing the basis for locus standi.

    The appellant relies on Sections 10 and 11 of the Federal High Court Act.

    The appellant states: “The Learned Lower Court Judge erred in determining the issue of trust as a ground for his finding that the appellant has no locus standi, owing to his misconception of the principles of trust and a failure to follow the correct position of the law, which requires the court to limit itself to the Statement of Claim in determining a preliminary objection on the ground of lack of locus standi.”

    “The appellant in paragraphs 1, 2, 11 and 12 of his Statement of Claim asserts that the first respondent is a trustee of the shares held by the first respondent in the capital of the third respondent and has breached that trust and that assertion amounts to a claim of a beneficial interest in the shares which is the gravamen of this suit, and thereby discloses the right upon which the locus standi of the appellant subsists”.

    “The locus standi of the appellant, contrary to the finding of the lower court, rests on the assertion of beneficial interest which is inherent in the principles of trust (which admits of several classes of trust including-implied, constructive, resulting and express) and which the Court is required by virtue of Sections 10 and 11 of the Federal High Court Act, Cap. F12, Laws of the Federation of Nigeria, 2004, to countenance as a ‘Iegal’ right upon which the Appellant’s locus standi rests”

    ‎Isa is, therefore, praying the Court of Appeal to allow the appeal and set aside the ruling of the Federal High Court dated September 24, 2025.

    ‎He is also praying the Appellate Court to remit the case file to the Chief Judge for reassignment to another judge to hear and determine the suit properly.

    ‎The Registrar of the Federal High Court has summoned all parties to appear on November 5, 2025 for the settlement of the Record of Appeal at the Federal High Court Headquarters in Abuja.

  • Appeal Court fixes hearing for doctor’s conviction case

    Appeal Court fixes hearing for doctor’s conviction case

    The Court of Appeal, Lagos Division, has fixed March 10, 2026, for the hearing of an appeal filed by the Medical Director of Excel Medical Centre, Dr. Ferdinand Ejike Orji, challenging his conviction and one-year jail sentence by the Lagos State High Court.

    The appellate court will also hear a cross appeal by the Lagos State Government seeking to set aside the portion of the judgment that discharged and acquitted Dr. Orji on Count 1 of the six-count amended charge.

    The state is asking the court to convict and sentence him on that count as well.

    A three-member panel of the appellate court, presided over by Justice Yargata Nimpar, adjourned the case to allow the respondent (the state government)to file its response to the motion by the appellant.

    Other members of the panel are Justices Danlami Zama Senchi and Abdulazeez Muhammed Anka.

    Counsel to the appellant, Chief Bolaji Ayorinde (SAN), and counsel to the respondent, Dr. Babajide Martins, the Director of Public Prosecutions (DPP) for Lagos State, regularised their processes before the court.

    Justice Adedayo Akintoye of the Lagos High Court, sitting at Tafawa Balewa Square, had on January 20, 2023, convicted Dr. Orji on four of the six counts filed against him and sentenced him to one year imprisonment on each count, to run concurrently.

    The offences stemmed from the doctor’s treatment of a 16-year-old boy, a promising basketball player who had returned to Nigeria for a holiday.

    The boy suffered a leg fracture and was taken to Excel Medical Centre, Dolphin Estate, Ikoyi, where Dr. Orji, who is not an expert in the field applied a Plaster of Paris (POP) cast

    The prosecution alleged that the doctor’s negligence led to complications that permanently damaged the boy’s leg and ended his dream of pursuing a basketball career in the United States.

    Justice Akintoye found the doctor guilty on Counts 2, 3, 4 and 6 but discharged and acquitted him on Counts 1 and 5.

    In her judgment, she held that the prosecution had proved the essential ingredients of the offences beyond a reasonable doubt and that Dr. Orji’s conduct fell far below the standard expected of a medical practitioner.

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    “It is my opinion that the defendant committed a breach of duty as a medical practitioner when he wilfully refused to remove the POP cast on the patient’s left leg despite complaints of severe pain, which resulted in compartment syndrome,” the judge stated.

    The trial court found that the cast was applied without an X-ray, without the consent of the patient’s mother, and by unqualified personnel.

    The judge noted that the patient was under Dr. Orji’s medical care and that his actions endangered the boy’s life.

    Consequently, the court sentenced the doctor to one year imprisonment on each of the four counts, to run concurrently.

    Dissatisfied with the decision, Dr. Orji filed a notice of appeal seeking to overturn his conviction and sentence.

    He argued that the prosecution failed to prove criminal intent, a critical element of the alleged offences and that since the court found no intent in Count 1, the same reasoning should have applied to the other counts.

    He urged the Court of Appeal to set aside his conviction on Counts 2, 3, 4 and 6 and quash the judgment delivered by the trial court.

    The state, however, has urged the appellate court to dismiss the appeal, insisting that the evidence before the trial court proved the offences beyond a reasonable doubt.

    Dr. Martins argued that the doctor’s conduct was negligent and reckless and fell short of the professional standard expected in such circumstances.

  • Appeal Court validates joint venture agreement

    Appeal Court validates joint venture agreement

    Court of Appeal, Lagos Division, has dismissed appeal by Whoba Ogo and two others challenging a Federal High Court judgment that upheld an arbitral award in favour of Mr. James Onyemenam over a disputed Joint Venture Agreement (JVA).

    In a unanimous decision, the court ruled that the appeal lacked merit and dismissed it.

    Justice Abdulazeez Anka delivered the lead judgment, with Justices Zama Senchi (presiding) and Polycarp Terna Kwahar concurring.

    The appellants were Woobs Resources, Ukachi Whoba, and Ogo, while Onyemenam was the sole respondent.

    The court held that the tribunal acted in the scope of the parties’ claims and that the award met legal standards for validity.

    It further found that allegations of misconduct, excess of jurisdiction, and breach of fair hearing were baseless.

    Justice Anka held: “All points of attack presented by the appellants must fall flat, as none falls within factors that can justify nullification of an otherwise valid arbitral award. In the end, this appeal is devoid of merit and is dismissed. No order as to costs.”

    Onyemenam approached Federal High Court (FHC/L/CS/1232/2011) seeking reliefs under a JVA of July 11, 2006.

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    The appellants raised a preliminary objection, citing a clause, prompting the court to refer the matter to arbitration.

    Before the Arbitral Tribunal, Onyemenam sought declarations that his removal as director/chief executive officer of the third defendant—without recourse to the JVA, a board resolution, and a shareholders’ meeting—was unlawful and violated Companies and Allied Matters Act (CAMA).

    He also challenged the removal of Sterling Chambers as company secretary/legal adviser and sought injunctions restraining the appellants from interfering with his functions, denying him access to company offices, tampering with bank mandates, or opening unauthorised bank accounts in the firm’s name.

    The tribunal upheld Onyemenam’s claims, affirming that the JVA was valid and subsisting, that he was a bona fide shareholder, and that his removal and that of Sterling Chambers were null and void.

  • BREAKING: Appeal Court upholds Aiyedatiwa’s victory in Ondo guber poll

    BREAKING: Appeal Court upholds Aiyedatiwa’s victory in Ondo guber poll

    The Akure Division of the Court of Appeal in Ondo State on Thursday upheld the election of the Ondo State Governor, Lucky Aiyedatiwa, as the winner of the November 16, 2024, governorship election conducted by the Independent National Electoral Commission. 

    The three-member panel of the Appeal court led by Justice Yargata Nimpar unanimously ruled in Aiyedatiwa’s favour.

    It affirmed the decision of the lower Ondo State Governorship Election Petition Tribunal which earlier validated the governor’s victory in the November 16, 2024 election.  

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    The Court of Appeal dismissed the appeal by the Peoples Democratic Party (PDP) and its governorship candidate in the election, Agboola Ajayi, to affirm Governor Aiyedatiwa’s election.

    The Justice Nimpar led panel of the appellate court dismissed Mr Agboola’s appeal, describing it as devoid of merit.

    Details shortly…

  • Appeal Court orders reinstatement of retired ACP Idachaba

    Appeal Court orders reinstatement of retired ACP Idachaba

    The Court of Appeal in Abuja, on Friday, ordered immediate reinstatement of ACP James Idachaba, who was compulsorily retired by the Police Service Commission (PSC).

    Justice Mohammed Danjuma, who delivered the lead judgment,  also reversed the directive by the PSC, requiring him to refund eight years’ salaries with effect from Aug. 1, 2025.

    The appellate court, in the appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu, SAN, set aside the decision of the National Industrial Court of Nigeria (NICN).

    The News Agency of Nigeria (NAN) reports that Justice O.O. Oyewumi of the NICN had, on 15 May, 2024, dismissed Idachaba’s originating summons challenging his compulsory retirement from the force.

     At the trial court, Idachaba stated that, following his promotion to the rank of assistant commissioner of police in 2023, he noticed that his salary was stopped by the PSC and the police after a decision was made to compulsorily retire him without a “fair hearing.”

    He added that the PSC failed to provide him with any documents containing the allegations brought against him or the record of the proceedings of the plenary where the purported decision to summarily retire him was reached.

     His lawyer, Ojukwu, sought 11 reliefs.

    He argued that the compulsory retirement and salary refund directive constitute a violation of his right to a fair hearing and are therefore null, void, and of no effect.

    He urged the court to compel PSC to reinstate his client immediately and unconditionally, restoring him to the rank of ACP with all rights, entitlements, and emoluments from Aug.18, 2023, among other reliefs.

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    However, the NICN, on May 15, 2024, dismissed Idachaba’s suit on the grounds that the appellant failed to prove his case or justify why the court’s discretionary power should be exercised in his favour.

    Dissatisfied with the judgment, the appellant filed his appeal on Sept. 24, 2024. But the police opposed the appeal.

     Delivering the judgment on Friday, the three-member panel of justices held that the issues formulated for determination were resolved in favour of Idachaba and against the respondents.

    “It follows that this appeal is meritorious and hereby succeeds,” the judge said.

    The judge ordered that the judgment of the lower court, in suit number: NICN/ABJ/288/2023, is hereby set aside.

    The appellate court also awarded the sum.of N2 million against the 1st and 2nd respondents to be paid jointly and severally.

  • Appeal Court affirms Kabir Ibrahim’s sack as farmers association’s president

    Appeal Court affirms Kabir Ibrahim’s sack as farmers association’s president

    • He’s to pay N200,000 over frivolous appeal

    The Court of Appeal in Abuja has affirmed a judgment of the Federal High Court, sacking Kabir Ibrahim as the President of the All Farmers’ Association of Nigeria (AFAN).

    Justice Taiwo Taiwo of the Federal High Court (now retired) had, in the judgment delivered on March 24, 2022, restrained Ibrahim from further parading himself as AFAN’s president.

    Justice Taiwo also declared the election held in Kano on April 10, 2021, by AFAN’s General Assembly, which produced Farouk Mudi (as the National President) and other members of the group’s National Working Committee (NWC) and National Executive Council (NEC) lawful and valid.

    The judge ordered Ibrahim, whose tenure he said had held, had expired since June 14, 2019, to hand over the assets and property of the association in his possession and custody.

    In its judgment yesterday, a three-member panel of the Court of Appeal unanimously affirmed Justice Taiwo’s judgment.

    In the lead judgment, which Ibrahim filed, Justice Mohammed Danjuma resolved the two issues identified for determination against the appellant.

    Justice Danjuma added: “This appeal is devoid of merit and it is hereby dismissed.

    “The judgment of the lower court (Federal High Court), delivered on March 24, 2022, is hereby affirmed.

    “A cost of N200,000 is hereby awarded against the appellant and in favour of the respondent (the Mudi-led AFAN).”

    Justice Ali Gumel, who presided, and Justice Anthony Ogakwu, who was also on the panel, agreed with the lead judgment.

    In his 2022 judgment, Justice Taiwo had held among others, that Ibrahim was no longer the President of the association.

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    He said: “I have read the constitution of the association, which says the tenure of its elected officers shall be for five years.

    “I find that the first defendant (Ibrahim) and the Exco were inaugurated on June 14, 2014.”

    Justice Taiwo had also held that although Ibrahim claimed to have been inaugurated as the association’s president on June 15, 2014, in the affidavit he deposed to, there was evidence before the court that he was inaugurated on June 14, 2014.

    He said the tenure of Ibrahim and the Exco he led ought to have expired on June 14, 2019, declaring that “at that point, the first defendant and his Exco ceased to be in office”.

  • Appeal Court judgment sparks debate on legal principle

    Appeal Court judgment sparks debate on legal principle

    The judgment by the Court of Appeal, Lagos Division in RCN Networks Ltd & Alhaji Si-Nuraini A. Abiola v. Guaranty Trust Bank Plc has reignited a debate on the classic legal principle that justice must not only be done but must also be seen to be done.

    Judgment in the appeal numbered CA/L/888/14 was delivered on June 18.

    The case stemmed from Guaranty Trust Bank’s (GTB) effort to recover a debt of N970 million through the enforcement of a Tripartite Legal Mortgage over RCN’s Ikoyi property, backed with a personal guarantee by Alhaji S.A Abiola (the second appellant).

    The Federal High Court ruled in GTB’s favour in 2014.On appeal, the appellants challenged the validity of the mortgage deed, claiming forgery.

    Although this issue was not part of the original appeal, the Court allowed its inclusion in amended grounds.

    GTB responded by seeking to adduce additional evidence, including exonerating reports from the Police Special Fraud Unit and a judgment by Justice Ashade (Lagos High Court), which dismissed similar forgery claims as baseless and afterthoughts.

    Despite the unopposed admission of fresh evidence and prior court rulings dismissing forgery allegations, the Court of Appeal criticised the Federal High Court for deciding based on affidavit evidence without oral testimony.

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    It concluded that the authenticity of the mortgage deed, once challenged, rendered the lower court’s ruling defective.

    Critics argue the Court of Appeal erred by disregarding police findings, the prior High Court judgment, and established exceptions allowing documentary resolution of affidavit conflicts.

    They said the Appellate Court also overlooked potential forum shopping and abuse of the court process by the appellants who filed multiple overlapping suits.

    This judgment has raised concerns about inconsistency in appellate review, particularly its failure to engage with all evidence and prior judicial pronouncements.

    Critics view it as undermining legal certainty and the principle that justice must be seen to be done.

    An analyst pointed out: “There were documents before the Court of Appeal, Lagos in rebuttal of the forgery allegation of the appellants.

    “Curiously, the Court of Appeal faulted those relevant documents, vis- the police reports exonerating the respondent bank and the judgment of a competent court of law discharging the respondent bank’s officials in the ‘forgery Charge’.

    “Flowing from the above exposition, is it not a mystery why the Court of Appeal Lagos did not pronounce on the resultant actuation of forum shopping flowing from the multiple suits by the appellants, being a species of abuse of judicial process. See Mailantarki V. Tongo & Ors (2017) LPELR-42467(SC)

    “In the words of Harriet Jacobs (1813 – 1897) an American Abolitionist & Author: ‘There are wrongs which even the grave does not bury.’

    “Justice must not only be done but must also be seen to be done.”