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Tag: Appeal court

  • Updated: CCT: Appeal Court reserves judgments in Onnoghen’s cases

    The Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they will be informed when judgments were ready.

    The appeals are CA/A/44c/2019; CA/A/CA/A/63c/19; CA:A/70c/2019 and CA/A/114c/2019.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.

    The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.

    The arrest warrant, issued on February 13 this year, was vacated by the CCT on February 15 when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.

    Chris Uche (SAN), who argued Onnoghen’s appeals urged the court to grant his client’s prayers and reject the notices of objection filed by the respondent (Federal Republic of Nigeria).

    Uche urged the court to, particularly, inquire into circumstances surrounding the grant of the ex-parte order by the CCT a day after parties appeared before the court and agreed to an adjournment.

    He claimed that the prosecution was not represented by any lawyer on January 23 this year when the ex-parte order was made, a claim lawyer to the respondent, Aliyu Umar (SAN) faulted.

    Umar, who is also the lead prosecution lawyer in the case before the CCT, urged the court to reject all the appeals and uphold the respondent’s notices of objection.

    He argued that there was no material before the court on which it could inquire into the circumstances surrounding the grant of the ex-parte order.

    Umar noted that the appellant failed to tender a copy of the order and record of the proceedings, a claim Uche later countered in his reply on point of law.

  • A/Court didn’t clear Zamfara APC’s candidates, Ozekhome insists

    Lawyer to the Senator Kabiru Marafa faction of the All Progressives Congress (APC) in Zamfara State, Mike Ozekhome (SAN) confirmed on Friday that the judgment by the Court of Appeal in Abuja given on Thursday set aside the January 27, 2019 judgment by Justice Ijeoma Ojukwu of the Federal High Court, Abuja.

    Justice Ojukwu had, in the judgment, held among others that there was no evidence before her court that the APC in Zamfara conducted valid primaries for the purpose of producing candidates for this year’s general elections.

    The decision of the Court of Appeal on Thursday, setting aside Justice Ojukwu’s judgment, for lack of jurisdiction, has since been interpreted by many to mean that the Independent National Electoral Commission (INEC) should now accept candidates from Zamfara APC, a position Ozekhome faulted.

    He argued that, since the Court of Appeal only set aside the judgment, but failed to make a consequential order directing INEC to accept candidates from Zamfara APC; it implies that the earlier decision by the electoral body, refusing the party’s candidates, still stands.

    In two separate documents issued on Friday – a press release and a letter to INEC Chairman (both of which he personally signed), Ozekhome urged INEC to reject candidates from Zamfara APC on the grounds that that “nothing has changed,” despite the Appeal Court judgment given in Abuja on February 21, 2019.

    Ozekhome insisted that, since an appeal filed by his client, Marafa, was still pending before the Court of Appeal in Sokoto State, against the judgement of the Zamfara State High Court, which said there were valid primaries, the issue (of whether or not there were valid primaries) could not be said to have been safely resolved.

    The Senior Advocate said: “Court of Appeal sitting in Abuja on 21st February, 2019, dismissed the appeal filed by APC challenging the judgment of Justice Ijeoma Ojukwu, which had affirmed INEC’s stand that the APC did not conduct any primary election in Zamfara state and that INEC was right to have rejected APC’s candidates from Zamfara state.

    “The dismissal followed an application by APC to withdraw the appeal. The application was granted and the appeal dismissed accordingly.

    “Next was the cross-appeal filed by Yari & Co on jurisdiction and cause of action.

    “The judgment given by the Court of Appeal today clearly stated that the appeal partially succeeded and went ahead to set aside the judgment of the lower court on jurisdiction only, but refuse to grant the cause of action component of the appeal.

    “By this, the Court of Appeal refused to grant INEC any order to revive candidates of the APC from Zamfara state.

    “The cross-appeal therefore partially failed because, from the onset, APC had a complaint against INEC only. Governor had applied to join the case voluntarily.

    “And, Justice Ijeoma Ojukwu in her judgment held that ‘APC did not seek any relief against the 2nd to 6th dependents (Yari & Co) and considering that Yari and & Co didn’t file a counter claim, or cross action against APC in the suit, she now held that Yari & Co have nothing to add in this case.

    “From the foregoing, it is clear that the cross-appeal by Yari and his group, before the Court of Appeal, having partially failed, becomes at best, a mere academic exercise bereft of any utilitarian value to the entire case.

    “The false assertion that the Court of Appeal had cleared the way for the APC to participate in Saturday’s election is therefore a lie from the pit of hell.

    “It is nothing short of the desperate minute by frustrated politician holding on any available straw to smuggle themselves Willy nilly into Saturday’s election. This cannot work.

    “INEC is hereby reminded that there exists in addition to the above legal obstacles, a subsisting appeal which arose from the Zamfara State High Court judgment, which is still extant and pending before the Sokoto division of the Court of Appeal , in Appeal no: CA/S/32/2019.

    “In any event, the judgment of the Federal High Court, going by the judgment of the Court of Appeal still partially succeeded, since the Court of Appeal refused to make any clear mandatory orders directing INEC to receive any candidates from Yari group for the purpose of Saturday’s elections.

    “INEC is therefore obligated and legally bound to stand by its earlier well founded position that APC, having never conducted any primaries in Zamfara state, have no candidates in the forthcoming elections in Zamfara state, have no candidate in the forthcoming elections in Zamfara state, except the presidential election.

    “Any other act by INEC in fielding any candidates from the Governor Yari’s group or the “G-8” group will be illegal, unconstitutional, null, void and of no effect whatsoever,” Ozekhome said.

    He made similar argument in the letter to the Chairman of INEC.

    Part of the letter reads: “Sometimes in October 2018 when INEC wrote to APC, intimating it that the commission would not be expecting any list of candidates from them, having failed to conduct primaries within the stipulated time, APC challenged that decision of the commission by filing a suit at the Federal High Court, Abuja, which decided the case in favour of the commission and dismissed the suit.

    “Governor Abdulaziz Yari of Zamfara State had cross-appealed. By the judgment of the Court of Appeal on 21st February, 2019 the intermediate court held that the lower court lacked the jurisdiction to hear the matter in the first place and therefore struck it out.

    “What this decision means sir, is that, as at today, there is no valid or extant decision of any court of law in Nigeria, which has set aside the well-grounded decision of INEC as contained in its letter of 9th October, 2018.

    “In addition to this clear legal obstacle against any of the parties fielding any candidate in the forthcoming Zamfara elections (aside the presidential election), there also exists and still pending before the Sokoto division of the Court of Appeal, a valid appeal filed by Senator Kabiru Marafa in appeal no: CA/S/33/2019.

    “Consequently, by way of summary, nothing in the decision of the Court of Appeal, Abuja has changed the well-grounded position of maintenance of status quo of disallowing. Any of the parties to field candidates for the forthcoming elections, except the presidential election.

    “The Court of Appeal, Abuja division merely struck out the suit which had been dismissed by Justice Ijeoma Ojukwu of the Federal High Court, Abuja with no consequential order.

    “Please sir, this letter urges you to firmly maintain your earlier position so as to prevent a clear circumvent of the judicial process and an appeal that is still pending before the Sokoto division of the Court of Appeal,” Ozekhome said.

  • Appeal Court invalidates Oni’s eligibility suit against Fayemi

    The Appeal Court Sitting in Ado-Ekiti, the Ekiti State capital, yesterday invalidated the suit filed by former Governor Segun Oni against Governor Kayode Fayemi challenging Fayemi’s eligibility to have been fielded as the All Progressives Congress (APC) candidate in last July 14 election.

    The three-man appeal panel, presided over by Justice Adamu Juaro, unanimously said Fayemi not resigning as the then Minister of Steel and Mines Development to contest the May 12, 2018  governorship primary, where he became the candidate, was not enough to disqualify him.

    Other justices of the appeal panel are: Justices Emmanuel Agim and Abubakar Lamido

    The Appeal Court, in a judgment delivered by Justice Agim, held that Fayemi’s indictment by Justice Silas Oyewole-led judicial panel of enquiry set up by former Governor Ayo Fayose to try the current governor for alleged financial impropriety was not sufficient to prohibit him from participating in the election.

    The justices said only a conviction by a competent court of law can restrain any aspirant from participating in a primary or general election and not a mere indictment by a panel.

    Fayemi won the primary, polling 941 votes to defeat Oni, who garnered 481 votes, and 32 other candidates.

    In filing the suit on June 21, 2018, Oni averred that Fayemi was not qualified to contest claiming that he did not resign from office as Minister of Mines and Steel Development 30 days before the APC primary election.

    The Federal High Court, in a judgment delivered by Justice Uche Agomoh last December, dismissed the case for lack of merit.

    The former governor appealed the matter.

    Oni’s lawyer Tony Adeniyi prayed the court to determine whether the lower court did not commit an infraction for ruling that Fayemi, by virtue of being a minister, was not bound to resign, in line with Article 2 of the 2014 guidelines of the APC, which provided that every intending aspirant must resign 30 days to the primary.

    Oni also told the court that Fayemi, as a public servant, must act in consonance with this provision.

    He argued that the governor, having been indicted by a judicial panel of enquiry, was not eligible to participate in the party’s primary.

    But Fayemi, through his lawyer Raheem Balogun, countered Oni’s claim.

    The lawyer said Fayemi was not a public servant and was not bound to comply with Article 2 of the party’s guidelines.

    He added that the panel of enquiry, which allegedly indicted Fayemi, was not a court of competent jurisdiction as it lacked the power to bar any aspirant from contesting an election.

    The Appeal Court agreed that a minister is a public servant, as claimed by the appellant, saying the position is an office in the public service of the federation.

    It said: “We have considered the positions of all the parties regarding who is a public servant. Section 277 of the 1999 Constitution explains who is a public servant and a minister being an office in the service, is a public servant.

    “But the first respondent (Fayemi) was not an employee since he was hired and confirmed by the Senate to perform a specific task in the Ministry of Mines and Steel Development. It is not every public servant that is an employee in the civil service.”

    On last year’s APC primary, the court said: “The 30 days recommended by law for any public servant to resign are not applicable in this case, because the first respondent is not an employee of government and he can be removed anytime by his principal.”

    Referring to Fayemi’s alleged indictment by a judicial panel, the Appeal Court added: “Indictment is not a conviction. Only a competent court of law can bar anyone from participating in an election.

    “The judicial panel that indicted him is not a court of competent jurisdiction. It is just a fact-finding body.

    “And the appellant did not show any sign of prosecution of the first respondent and his conviction for the offence alleged to have been committed to deserve being barred.”

    Balogun hailed the jurists for their industry and zeal.

    The lawyer said they once again re-established the fact that Fayemi did not breach any law by contesting the primary.

    Oni’s lawyer, represented by Olusesan Akinola, said he would study the judgment and take necessary actions.

     

     

  • Appeal Court upholds Abdulrazaq’s governorship candidature

    •Court sets aside State High Court verdict  •Kwara APC hails judgment

    The Court of Appeal sitting in Ilorin, the Kwara State capital, yesterday upheld the nomination of the All Progressives Congress (APC) governorship candidate, Mallam Abdulrahman Abdulrazaq.

    The court set aside an earlier ruling by the State High Court.

    A Kwara State High Court, last year, ruled that the dissolved Ishola Balogun-Fulani-led executive was the authentic exco, thus nullifying any candidate produced by the Bashir Bolarinwa-led executive.

    But the Appeal Court also held that the State High Court lacked the powers to entertain any suit against the Independent National Electoral Commission (INEC).

    In a unanimous judgment on the interlocutory appeals filed by the APC, Justice Hamma Akawu Barka, who read the ruling, said the originating summons by the Balogun-Fulani’s faction was not sealed by the registry and that robs the court of jurisdiction.

    The judge upheld all the four grounds of appeal filed by the APC and set aside the ruling of the State High Court delivered on October 24, last year.

    He added that the suit filed by the Ishola Balogun-Fulani executive was defective in all ramifications because the originating summons was incurably detective.

    Justice Barka said the nomination of Abdulrazaq by the APC National Working Committee (NWC) was in order.

    He also said the State Executive Committee (SEC) of a party is just a branch of its national headquarters and that it has no power or right to conduct any primary to the offices of the President, governor, National Assembly or State Assembly positions.

    By the ruling, the dissolution of the Ishola-Balogun-led APC Executive in Kwara State by the Comrade Adams Oshiomhole-led National Executive Committee (NEC) still stands.

    Also, the state’s APC Field Operations Directorate (FOD) of the Presidential Campaign Council hailed the Appeal Court judgment recognising the Bashir Bolarinwa-led executives.

    By the verdict, the court validated the authenticity of the nomination of Abdulrazaq as the state’s APC governorship candidate.

    A statement yesterday in Ilorin by Deputy Coordinator of the Field Operations of the directorate, Kayode Oyin-Zubair, said: “The procured judgment could not have stood further judicial tests. We knew from the onset that the whole process was orchestrated to weaken our support base and cause confusion among our supporters.

    “The authenticity of Bashir Bolarinwa executive was today affirmed by the appellate court. Earlier today, an end was put to the shenanigans of Bukola Saraki and his cohorts here and there.

    “We have always held that they can only run; there is no hiding place for them. The Judiciary has shown that it cannot be bought, though a lower court judge allowed himself to be manipulated…

    “This is another serious low for Bukola Saraki in quick succession, after he was shown a red card by the people of Kwara State during the presidential campaign in Ilorin yesterday (Monday).

    “We congratulate our party leaders, members and teeming supporters across the state for standing with us since the struggle started.”

    Oyin-Zubair enjoined APC members and the party’s supporters to come out en mass on Saturday and vote for President Muhammadu Buhari and other APC candidates.

  • Supreme Court decides Rivers APC’s fate Tuesday

    *To deliver judgement on Appeal Court’s decision voiding APC’s primaries
    *Strikes out Sen Abe’s appeal for stay of execution of Appeal Court’s judgment
    *Orders parties to return to Appeal Court

    Supreme Court will deliver judgements in the about six appeals by the two warring factions of the All Progressives Congress (APC) in Rivers State.

    The appeals are mainly against the decision of the Court of Appeal in Port-Harcourt, which upheld the judgment of the High Court of Rivers State which voided the primaries conducted by the faction loyal to Rotimi Amechi and the other loyal to Senator Magnus Abe.

    A five-man panel of the Supreme Court, led by Justice Bode Rhodes-Vivour scheduled judgment for Tuesday after entertaining arguments, on Monday, from lawyer to the faction loyal to Amaechi, Lateef Fagbemi (SAN) and Henry Bello, who represented the faction loyal to Abe.

    Fagbemi and Bello argued the appeal filed by the APC, in which the court said it will give judgment on Tuesday, and which will be binding on the other appeals.

    Fagbemi urged the court to void the judgement of the High Court on the ground that the trial court had no jurisdiction when it entertains the suit on which the judgment was given.

    He contended that since the trial court had no jurisdiction it’s judgement in the matter amount to a nullity and should be set aside.

    Fagbemi urged the court to invoke Section 22 of the Supreme Court Act and give final judgement to end the multiple cases arising from the rivers state APC primary election.

    Read Also: Supreme Court did not bar Rivers APC, says Senator Uchendu

    Bello, in his counter-argument, urged the apex court to dismiss the appeal of the APC on the ground that it has become a mere academic in nature in view of an earlier decision by the court.

    He contended that by the decision of the court on February 8, 2019 which upheld the order of the High Court, restraining APC in Rivers State from conducting any primary election, the current appeal by APC had died and should be buried.

    Bello told the court that the respondents, led by Ibrahim Umar, who were aggrieved by the violation of the Electoral Act and the Constitution in the manner the APC conducted its pre-election matters in Rivers, had secured a consent judgement in their favour, a judgment, he insisted, still stands.

    He urged the court that to hold instant appeal has become academic exercise.

    At the conclusion of arguments by parties, Justice Rhodes-Vivour frowned at the multiple appeals filed by both factions of the APC in Rivers on a single issue.

    He said the multiple appeals were not only time wasting they were capable of confusing the court.

    Meanwhile, the Supreme, on Monday, struck out an appeal filed by Senator Magnus Abe against the stay of execution of the judgment of the federal high court, which nullified the nomination of Tonye Cole and others as candidates the APC in Rivers State in the general election.

    The court upheld the argument by lawyer to the APC, Lateef Fagbemi (SAN).

    Fagbemi had argued that the records of proceedings at the lower court, filed by Senator Abe did not follow the rules of the Appeal Court to certify the said documents.

    Ruling Justice Rhodes-Vivour noted that only a few of pages of the records of appeal were signed.
    He said since most of the pages were not signed, it could be interpreted that they were Senator Abe’s personal documents.

    Justice Rhodes-Vivour ordered parties to the appeal back to the Court of Appeal for the determination of the substantive appeal.

    Abe had appealed an interlocutory decision of the Court of Appeal, which stayed the execution of the judgment of the High Court which nullified the primaries of the APC in Rivers State

  • Breaking: Supreme Court voids Appeal Court’s judgment on Rivers APC

    The Supreme Court has set aside the decision of the Court of Appeal, Port-Harcourt division on October 31, 2018.

    The court, in a unanimous judgment of a five-man panel, also dismissed the appeal, marked: CA/PH/198/2018 filed by the All Progressives Congress (APC) against the interlocutory ruling by Justice C. Nwogu of the High Court of Rivers State on May 11, 2018.

    Justice Nwogu had, in the ruling in the suit, Marked: BHC/78/2018 filed by Ibrahim Umah and 22, granted an order of interlocutory injunction, restraining the respondent (APC) “from conducting any Local Government Area congress in Rivers State on May 12, 2018 or any other date.”

    Read Also: Supreme Court strikes out Senate’s suit over CJN’s suspension

    Justice Dauda Sidi Bage, who read the lead judgment on Friday, dismissed the APC’s objection to the appeal, marked: SC/1070/2018 filed by Ibrahim Umah and 22 others against the APC and upheld the appeal.

  • APC seeks postponement of Rivers gov poll

    • Says Wike is jittery

    The deputy governorship candidate of the All Progressives Congress ( APC ) in Rivers State, Chief Victor Giadom, has called on the Independent National Electoral Commission (INEC) to postpone the February 16 and March 2 elections in Rivers in view of Monday’s ruling of the Court of Appeal, Port Harcourt on stay of execution.

    He also accused Rivers Governor, Chief Nyesom Wike of being jittery upon confirmation the governorship candidate of APC in the state, Pastor Tonye Cole and other candidates that emerged through indirect primaries supervised by members of the National Working Committee (NWC) of the party, would participate in the elections.

    Giadom stated these Tuesday in Port Harcourt in an exclusive interview with our reporter.

    While assuring Cole and other candidates of APC would emerge victorious in the polls, he maintained that postponing Rivers elections would ensure the candidates and the electorate were not disenfranchised.

    Rivers Commissioner for Information and Communications, Emma Okah, who doubles as the Director of Information and Communications of PDP Campaign Council, however maintained that Wike and other candidates of the ruling party were neither afraid nor jittery of main opposition APC’s candidates or candidates of other political parties, having campaigned extensively and fully prepared for the polls, thereby emerging victorious.

    The appellate court presided over by Justice Ali Gumel granted the stay of execution of the judgment of Justice Kolawole Omotoso of the Federal High Court, Port Harcourt on the fielding of candidates by the APC.

    Giadom, the immediate past Deputy National Secretary of APC, said: “Wike is jittery, because of the strength of APC in Rivers State. That is why he teamed up with some enemies of democracy to ensure that our party (APC) is not on the ballot, but God has put all of them to shame. Wike made all efforts, including outside the law, to stop APC from fielding candidates in Rivers State.

    “Wike and his allies must stop their propaganda and futile fights, but to prepare to meet candidates of APC in the field. APC will win 80 per cent of the votes cast in Rivers State in all the elections, because Rivers people are tired of Wike’s failed promises.

    “I expect Wike and other members of PDP in Rivers State to enjoy the healthy competition of political context, so as to know who are the choices of the people of Rivers State, as against the attempts by Wike to shut the doors against APC.

    “While thanking the judges of the Court of Appeal, Port Harcourt for granting the stay of execution of the judgment of Justice Omotoso, we urge INEC, as a law-abiding institution, to do the needful by postponing Rivers elections, to ensure a level-playing field and in order to allow candidates of APC to adequately campaign as their counterparts in other political parties, who have been campaigning round Rivers State’s 23 LGAs for over two months. The postponement will be in the interest of Rivers people, especially APC members.

    “I wish to urge Rivers people to believe in the APC, as the difference is very clear. We will continue to ensure quality leadership that will transform the entire Rivers State and ensure adequate protection of lives and property, thereby making the state a destination for investments.”

    Read Also: INEC to collate elections results manually

    The deputy governorship candidate also berated a governorship aspirant on APC platform, Senator Magnus Abe (Rivers Southeast) for misinterpreting the ruling of the Court of Appeal in Port Harcourt, accusing him of mischief.

    Giadom declared that Abe, from the same Bera-Ogoni in Gokana LGA of Rivers, was being economical with the truth, stressing that the former Secretary to the Rivers State Government (SSG) in the administration of Rotimi Amaechi, now Transportation Minister, ought not to speak differently from what was contained in the ruling of the appellate court.

    He urged Nigerians to avail themselves with the ruling, in order not to be misled by individuals or groups, while calling on APC members and supporters in Rivers to take advantage of the ruling and return to active campaigns, so as to ensure victory in all the elections.

    The deputy governorship candidate assured that members of Rivers APC were ready to receive President Muhammadu Buhari and members of his campaign team in Port Harcourt next week.

    He said: “Rivers people should continue to support APC. We should ensure peaceful elections in Nigeria, especially in Rivers State. When Cole becomes governor and I as deputy governor, by God’s grace, Rivers State will experience massive transformation in all sectors. There will also be peace, security and commensurate development. We will bring back the lost glory of Rivers State.

    “The Federal Government is doing a lot in Rivers State, particularly the construction of Bodo-Bonny Road, Ogoni clean-up, completion of the international wing of Port Harcourt International Airport and massive construction of roads through the Niger Delta Development Commission (NDDC), among others. Wike’s propaganda should be ignored. Wike’s abysmal performance will end on May 29, 2019.”

    Giadom also called on Nigerians to continue to support the Buhari’s administration and come out en-masse on February 16 to vote for him and other candidates of the party in all the elections.

  • Onnoghen at CCT: Appeal Court refuses to stay proceedings

    The Court of Appeal in Abuja has rejected the request by suspended Chuef Justice of Nigeria (CJN) Walter Onnoghen to stay proceedings in the charge pending against him before the Code of Conduct Tribunal (CCT) pending the determination of his appeal.

    In a unanimous ruling yesterday, a three-man panel, led by Justice Abdul Aboki, dismissed Justice Onnoghen’s application.

    The court said in view of the provision of  Section 306 of the Administration of Criminal Justice Act (ACJA), it lacked the power to stay proceedings in criminal cases.

    By the ruling, the CCT is now free to resume proceedings in the charge before it.

    In the lead ruling read by Justice Aboki, the Court of Appeal said Justice Onnoghen’s prayers, in his application, run contrary to the spirit of the provision of Section 306 of the ACJA.

    The court referred to the Supreme Court’s decision in the case of Bukola Saraki against the Federal Republic of Nigeria, where Justice Onnoghen contributed to the apex court’s decision, declining to stop Saraki’s trial in view of the same Section  306 of ACJA, which prohibits granting of stay of proceedings in criminal cases.

    It  was of the court’s view that there were no special circumstances requiring the court to grant Justice Onnoghen’s prayers in the application argued for him by Wole Olanipekun (SAN).

    The court reused all the prayers in the application and proceeded to dismiss it. The court elected to accelerate the hearing of the main appeal by the suspended CJN.

    Justice Aboki said: “I am of the view that the application for stay of proceedings before the court ought to be refused. It is hereby refused. The appeal will be granted accelerated hearing.”

    A member of the panel, Justice Steven Adah, stressed that  Section 306 of Administration of Criminal Justice Act does not allow a stay of proceedings in criminal matters.

    He explained that the interim order granted at the last sitting was to allow the court to assume jurisdiction and to make an order in the matter.

    “The motion on notice is dismissed,” he said.

    The court adjourned till February 4 for the hearing of the main appeal by Justice Onnoghen.

    Justice Onnoghen is, by his appeal, challenging the ruling of the CCT, delivered on January 14.

    He is contending that while his challenge of the tribunal’s jurisdiction was still unresolved, the CCT cannot conduct any other business.

  • Boycott: Party supporters beat up Rivers NBA chairman, lawyer

    There was a rowdy session at the Appeal Court sitting in Port Harcourt today as some party supporters attacked and beat up the Port Harcourt branch chairman of the Nigerian Bar Association.

    Trouble started when some lawyers under the aegis of the Nigeria Bar Association (NBA) lead by its Port Harcourt branch chairman, Sylvester Adaka stormed the Court of Appeal to appeal to a sitting Judge to adjourn proceedings for the day in furtherance of NBA’s protest against the suspension of the Chief Justice of Nigeria (CJN) Walter Onnoghen by President Muhammadu Buhari.

    The presiding Judge, Justice A. A. Gumel condemned and cautioned the lawyers and their approach in the protest, accusing them of desecrating the temple of justice.

    Speaking to them, Gumel said: “Lawyers who are ministers of the court which is the temple of justice should not desecrate it by turning the courts into a public square, where lawyers will carry placards to disrupt court proceedings.”

    He said that he was in the court just to take records of processes but will hear motions at an adjourned date.

    But when members of the NBA insisted the sitting be adjourned, some party supporters in court attacked the NBA chairman and other lawyers who were with him.

    They beat them up, insisting the proceedings must continue.

    The matters slated for the day were the controversial All Progressives Party appeals.

    Read Also: Boycott directive stalls Onnoghen’s case in Industrial Court

    The Court later took record of five different appeals afterwards, all bothering on decision of Justice Omotosho of the federal high court in Port Harcourt to stay executive on the judgement.

    Justice Gumel however adjourned all appeals till January 31, 2019 for hearing of motion on notice

    The Rivers APC governorship candidate, Tonye Cole, who was in court condemned the episode describing it as unfortunate.

    He said: “I think what happened in court today was unfortunate and I don’t think it speaks well of the NBA.”

    Adaka said lawyers were in court to peacefully boycott proceedings of the court as directed by its national secretariat and national executive committee before he was attacked.

    He said: “While we were in court of appeal, I peacefully addressed the justices of the court of appeal to rise in continuation of our peaceful boycott of courts and also appealed to lawyers to leave the court premises.

    “But while we were in court, a couple of thugs in the court premises attacked the lawyers there, the thugs zeroed in on me and a couple of lawyers, if not for the intervention of my colleagues around, I don’t know what would have happened.“

  • Appeal Court restores Donald Duke as SDP presidential candidate

    The Court of Appeal in Abuja has declared ex-Cross River State Governor, Donald Duke as the presidential candidate of the Social Democratic Party (SDP).

    In a unanimous decision by a three-man panel, led by Justice Abdul Aboki, the court set aside the December 14, 2018 judgment of the High Court of the Federal Capital Territory (FCT) which had declared Jerry Gana the candidate of the party.

    The court awarded N500,000 cost against Gana, in favour of Duke.

    Details Soon…