The Nation Newspaper

Tag: Appeal court

  • Court affirms Lagos LG’s power to collect revenue on private car parks

    Court affirms Lagos LG’s power to collect revenue on private car parks

    The Lagos division of Appeal Court has affirmed the power of Local Governments in Lagos State to generate revenue from private car parks and car lots within the State.

    The Appellate Court, in a judgment on Wednesday, dismissed an appeal filled by a telecommunication firm, Airtel Network Limited against the judgment of Justice Y. O. Idowu of the Lagos High Court and affirmed that private parking lots are revenue sources for Local Governments in Lagos State.

    The Appellate Court, in the appeal numbered CA/L/311/2013, specifically sustained the arguments of the Attorney General of Lagos State, Mr Adeniji Kazeem against Airtel’s appeal and held that the judgment of the Lagos High Court which had earlier dismissed the appellant’s (Airtel’s) Originating Summons of 2nd February, 2011, was in order.

    According to the matter, the appellant (Airtel) operated a private parking lot within the jurisdiction of the 3rd Respondent (Eti-Osa Local Government) and contested that the latter was restricted in collection of levies to public motor parks.

    In its brief of argument, the appellant had distilled two issues for determination and these were whether by virtue of Section 7 of the 1999 Constitution of the Federal Republic of Nigeria and the Fourth Schedule thereof, the functions of the Local Government which includes establishment, maintenance and regulation of motor parks envisaged or relates to private car parks/car lots.

    Airtel had further sought the court’s determination on whether the 3rd Respondent ( Eti-Osa Local Government) has power to enact its Parking and Control of Traffic Bye-Laws as a basis to impose a parking permit fee on the appellant.

    In response, the Lagos State Attorney General represented by Akinkunmi Idowu, a Director in the State Ministry of Justice, had argued that the Lagos State House of Assembly enacted the Local Government (Administration) Law (as amended) pursuant to Section 7 of the Constitution and that the 3rd Respondent was given powers to make its own Bye-Laws.

    In the relevant Bye-Law – the Eti-Osa Local Government Parking And Control Of Traffic Bye-Laws (N0.7) of 2002, Section 4(e) states that the Local Government shall issue permits on private parking development.

    Also, Section 7 of the same Bye-Law, which is the interpretation Section of the Bye-Law, states that approved Car Park includes Motor Parks, private parking lots, or any other place so designated by the Local Government.

    In view of the provisions, the Lagos Attorney General had submitted that “there is clear and unambiguous intendment of the legislature to include private parking lots within the purview of the affected areas subject to the law and it is settled law that where the words of a statute are plain and ambiguous, they must be given their plain meaning.”

    After reviewing the arguments of both parties, the Appeal Court ruled that the Local Government functions were not exhaustive and do not fall outside the scope of Section 7(5) and Schedule 4 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), as the provisions were clear and not inconsistent.

    The Court further held that it was unable to agree with the appellant that the 3rd Respondent does not have power to regulate/make law that relates to private parking since there is nothing in the Bye-Law that is inconsistent with Section 7 and Paragraph 1 of the Fourth Schedule to the Constitution.

    “In view of the foregoing, this appeal is hereby dismissed and the decision of the lower court is affirmed,” the Court ruled.

     

  • Appeal Court orders Enugu CJ to fast-track APC’s council poll suit

    The Court of Appeal sitting in Enugu has ordered the Chief Judge of Enugu State to accelerate the hearing and determination of a suit filed by the All Progressives Congress (APC) challenging the legality of local government caretaker committees in the state.

    The appellate court gave the order yesterday on the appeal filed by APC challenging the ruling of an Enugu State High Court, which struck out names of Ikeje Asogwa, a former Chairman of the Peoples Democratic Party (PDP) and the PDP from a suit challenging the caretaker committees.

    APC had appealed the ruling of Justice Romanus Odugu of Enugu State High Court on the grounds that if the names of Asogwa and the PDP, the beneficiaries of the caretaker committee, were removed, there would be nobody to be sued.

    Delivering judgment, the three-man panel of the Appeal Court, comprising Justices Ignatius Agube, Joseph Tur and A. Femi, held that the State High Court committed a miscarriage of justice by striking out the names of respondents in the suit before it.

    The justices said the ruling of the lower court was wrong and it aside the ruling.

    The court ordered that the case file be remitted to the Chief Judge to determine the legality of the caretaker committees on the originating summons filed.

    Following the expiration of the tenure of elected council chairmen on January 5, Governor Ifeanyi Ugwuanyi constituted a two-man caretaker committee to run the affairs of the 17 local government areas, pending the conduct of local government elections.

    In the motion on notice before the State High Court, the APC members were seeking an order to set aside the appointment of the caretaker committees.

    They insisted that the appointments contravened the Constitution and should be upturned while council elections should be conducted forthwith.

     

  • Tariff: Appeal Court rebukes judge for denying NERC fair hearing

    Tariff: Appeal Court rebukes judge for denying NERC fair hearing

    •CJ ordered to re-assign case to new judge

    The Court of Appeal in Lagos yesterday came hard on a judge of the Federal High Court, Justice Mohammed Idris, for denying the Nigerian Electricity Regulatory Commission (NERC) of fair hearing in a suit on electricity tariff increment.

    It held that the judge, who heard the case and restrained NERC from hiking tariff, violated the appellant’s right to fair hearing and thereby committed “a grave error”.

    “The trial court accorded undue reverence and relevance to technicality. The era of technical justice is gone in our courts. Substantial justice is key,” the Court of Appeal held.

    It ordered the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign the case to a new judge for adjudication.

    Activist-lawyer Toluwani Adebiyi sued NERC over a planned increase in electricity tariff.

    He argued that tariff could not be increased when there were constant power outages and exorbitant estimated bills.

     

     

     

     

     

     

  • Appeal Court President to youths: better days are ahead

    Appeal Court President to youths: better days are ahead

    The President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, has advised youths to desist from indecent conduct and learn to be morally upright in their dealings.

    She urged the youths not to despair because of the prevailing economic challenges because better days are ahead.

    Justice Bulkachuwa spoke in Abuja while receiving some members of the Northern Youths Council (NYC), who were in her office to honour her with the Sir Ahmadu Bello Sardauna Platinum Excellence Leadership Award.

    The PCA, while extolling the virtues of the late Premier of Northern Nigeria, said Sir Ahmadu Bello was a true statesman, who made education a top priority during his time.

    Bulkachuwa said despite his busy schedule, Sir Ahmadu Bello visited schools on inspection tour to have first-hand information on their academic performance, during which he would sometimes, personally, teach the pupils.

    Highpoint of the Northern Youth Council’s visit was the investiture on Justice Zainab Adamu Bulkachuwa to its Hall of Fame as life member, for which she was presented with a plaque and a gold medal.

    Making the presentation, NYC’s Vice President, Comrade Faruk Mohammed said, to Nigerian youths, Justice Bulkachuwa was not just a mentor, but a personality blessed with integrity and unique hallmark which define her exceptional leadership role towards nation building.

    Mohammed said: “At a time when Nigerian youths are facing near relegation from the nation’s scheme of affairs, Justice Bulkachuwa has continued to exhibit friendly disposition and humane care to whoever comes her way.”

    He said the NYC intends to donate relief materials to the internally displaced peoples’ camp in North East Nigeria, so as to bring back hope to the people of the region, who have been devastated and impoverished by the recent spate of violence perpetrated by the deadly Boko Haram group.

    Mohammed said the Sir Ahmadu Bello Platinum Leadership Award was conceived by the NYC to honour worthy Nigerians, who have positively impacted on the lives of the citizenry and in a way, encourage them to do more.

    The Presiding Justice (PJ) of the Abuja division of the Court of Appeal, Justice Abdu Aboki, who also witnessed the event, commended members of the NYC for choosing Justice Bulkachuwa for the award.

  • Appeal Court affirms Ogun community’s right to land

    Appeal Court affirms Ogun community’s right to land

    The Court of Appeal in Ibadan has vested the right of ownership of Ofada community land in Obafemi Owode Local Government Area of Ogun State on the community’s families and individuals constituting it.

    It set aside the lower court’s judgment and held that the plaintiffs/appellants reserve the right to apply for and obtain a statutory right of occupancy in respect of the land.

    The appellants are the Baale, Rabiu Adewunmi of Ofada land and 14 others, who filed the suit for themselves and on behalf of Ofada community/village.

    The others are Tunji Sotomi, Akinwale Savage, Taiwo Majiyagbe,  Rabiu Adewusi, Dr Bode Sowunmi, Alhaji Sulaiman Adebayo, Muyiwa Adewunmi, A.V.M Femi Oshigbo, Mr Sogeyinbi, Dr Babatunde Ladele, Mosudi Adeboye, Kunle Binutu and Kehinde Adebakin.

    They sued Mr Ayowole Adetayo and Dayo Shyllon, who traded under the name Shyllon Properties Ltd.

    The Court of Appeal unanimously dismissed a cross appeal filed by the respondents for lack in merit.

    An Ogun State High Court had dismissed the plantiffs’ suit and entered judgment in the defendants’ favour. Dissatisfied, the plaintiffs appealed, while the respondents filed counter claims.

    The appeal court, in a judgment delivered by Justice Chinwe Eugenia Iyizoba, held: “It will be a miscarriage of justice in the circumstances to grant to the cross appellants a declaration of title to the entire Ofada land as counter claimed.

    “The cross appeal is consequently lacking in merit. It is hereby dismissed. The part of the judgment of the High Court of Ogun State, Abeokuta delivered on the 24th of October, 2012 in suit No: AB/237/2008 granting the cross appellants declaration of title to the unallotted portion of Ofada Land is hereby set aside,” the court held.

  • Edo to curtail menace of herdsmen

    Edo to curtail menace of herdsmen

    Governor Godwin Obaseki of Edo on Sunday said his administration was working out measures to curtail the menace of Fulani herdsmen in the state.

    The News Agency of Nigeria (NAN) reports that, a week ago, some cattle gained access to classrooms at Ohovbe Primary School at Ikpoba-Okha Local Council of the state.

    The pupils were said to have stayed outside for about one hour before the herdsman came to take the cattle out.

    Obaseki made the disclosure on the sidelines of a thanksgiving service at the Christ Embassy Church in Benin for his victory at the appeal Court.

    He promised that the state government would build fence around schools in the state to address the indiscriminate grazing of cattle in Schools’ premises.

    Obaseki ascribed his election as Governor of Edo to the Grace of God upon his life, adding that he would capitalise on that to develop the state.

    In his sermon, the Rev. Tom Amekhena commended the governor for his developmental leadership, stating that although he had never met him, he has heard of his good policies and projects in the state.

    He said, “we are seeing the burning desire you have not only to develop the state but also to transform it.”

  • Edo polls: PDP, Ize-Iyamu head for Supreme Court

    Edo polls: PDP, Ize-Iyamu head for Supreme Court

    The People’s Democratic Party in Edo State and its governorship candidate, Pastor Osagie Ize-Iyamu have expressed their desire to head for the Supreme Court against the Court of Appeal ruling.

    Pastor Ize-Iyamu told newsmen after the Court of Appeal ruling that certain issues raised at the tribunal were yet to be addressed.

    He said, “Until one is actually able to lay hands on the judgement and read,that is when one can make a fair comment. All we know is that our appeal and the cross appeal were dismissed. But the reasons are not known.

    “By the time we lay hands on it, we will meet with our lawyers and our party leaders and take a decision. There were fundamental issues we raised against the tribunal judgement.

    “There are things it said that we believe cannot stand the test of time. We are not bound to depend only on corrupt practices to prove our point. Non-compliance is a ground in the Electoral Act and we depended on it.”

    State Chairman of the PDP, Chief Dan Orbih, said nothing would stop the party from appealing against the appellate court ruling.

    His words, “I was in court and we were waiting anxiously to hear their verdict. But what we got was a very brief statement saying that they have dismissed the appeal. They did not give the reasons for their judgement.

    “But on the strength of our case to the Appeal Court, I believe that there is nothing that will stop us from going to the Supreme Court‎ to see that justice is done on this case.”

     

  • Obaseki versus Ize-Iyamu: Appeal Court gives verdict today

    Obaseki versus Ize-Iyamu: Appeal Court gives verdict today

    The Court of Appeal sitting in Benin City will today deliver its judgment on the appeal filed by the People’s Democratic Party (PDP) and Pastor Osagie Ize-Iyamu against the judgment of the lower tribunal.

    Governor Godwin Obaseki and the All Progressive Congress (APC) filed a cross appeal over a ruling of the tribunal refusing to strike out some paragraphs in the petition and to invalidate the order by the tribunal for the inconclusive recount of ballot papers used during the election.

    Pastor Ize-Iyamu filed 41 grounds of appeal against the tribunal judgment while Obaseki filed four grounds of cross appeal.

    The three-man tribunal panel led by Justice Ahmed Badamasi upheld the election of Obaseki by throwing out the petition of Pastor Ize-Iyamu.

    Part of Pastor Ize-Iyamu grounds of appeal was for the appellate court to hold that the tribunal judges erred and truncated their (appellants) right to fair hearing by the unequal treatment given to the cases of the parties, “by first finding fault, discrediting, disbelieving and dismissing their petition before considering at all and reviewing the testimonies of the witnesses of the respondents and, thus, occasioning a miscarriage of justice.”

    They told the Court of Appeal that the tribunal also erred in law and truncated their right to fair hearing where, in consideration of their case, it failed “totally” to consider and make any pronouncement on the issue concerning, “whether the second respondent was duly elected by the majority of lawful votes cast” in the election “and if not, whether the first petitioner (Ize-Iyamu) is not entitled to be returned as the Governor of Edo State.”

  • Brittania-U: Appeal Court to hear suit June 5

    Brittania-U: Appeal Court to hear suit June 5

    The Court of Appeal in Lagos will on June 5 hear an appeal by Chevron USA Incorporated and others against Brittania-U Nigeria Limited.

    The other appellants are BNP Paribas Securities Corporation, Mr Hermant Patel and Seplat Petroleum Development Company Limited.

    Chevron, in the appeal filed two-and-a-half years ago, is challenging a Federal High Court judgment assuming jurisdiction in a suit on the divestment of Chevron’s interest in Oil Mining Licenses 52, 53 and 55.

    The court awarded N20,000 cost to Brittania-U after its counsel Abiodun Owonikoko (SAN) withdrew a motion to dismiss the appeal after the appellants’ counsel said records had been compiled and transmitted.

    Brittania-U sued the defendants (appellants) over the Oil Mining Leases numbered 52, 53 and 55, sold by Chevron.

    It also took the matter to the Supreme Court following the Appeal Court ruling which vacated an order of interlocutory injunction by a High Court restraining Chevron and Seplat from concluding any deal on the oil leases.

    Chevron had offered OMLs 52, 53 and 55 for sale and invited bids from interested firms, but alleged failed to make a public announcement of a winner, a reserve bidder and unsuccessful bids.

    It then allegedly turned its back on the highest bidder, Brittania-U, and began to deal with Seplat behind the scene.

    Brittania-U went to court to contest Chevron’s action of not declaring it winner after it posted a $1.67 billion bid for the three assets, an amount later revised to $1.015 billion after both companies’ officials met in Houston, United States.

    Seplat was said to have posted a bid of $630 million for the same assets.

     

     

     

     

     

  • YDP: Appeal Court begins committal proceedings against INEC Chairman

    THE Abuja Division of the Court of Appeal has begun committal proceedings against Independent National Electoral Commission (INEC) Chairman Prof. Mahmud Yakubu for disobeying its judgment directing the commission to issue a certificate of registration to Young Democratic Party (YDP) as a registered political party as at May 2, 2015.
    Form 49 has already been issued against the INEC Chairman Prof. Mahmood Yakubu by the appellate court asking him to show cause why an order of committal to prison should not be made against him.
    The party is pressing for an order committing Yakubu to prison for refusing or neglecting to obey the order of the Court of Appeal dated December 8, 2015, affirming and confirming the judgement of the trial court delivered on March 4, 2015 and dismissing the appeal by the electoral body.
    The court has fixed June 19, to hear the committal proceedings against the INEC Chairman.