The Court of Appeal sitting in Lagos yesterday struck out an application by the state government seeking to suspend the use of hijab by Muslim female pupils in public schools.
A three-man panel comprising Justices M. L. Garba (presiding), J. S. Ikyegh and U. Ogakwu, held that the Supreme Court, where the state’s appeal is pending, is the proper place for the hearing of the application.
Last July 21, a special five-man panel of the court voided the 2014 verdict of a Lagos High Court, which outlawed the wearing of hijab by the pupils.
Last September 16, the state filed an application at the court for an injunction to stay the judgment, pending the determination of its appeal at the Supreme Court.
Yesterday, Mr Hameed Oyenuga of the Directorate of Civil Litigation, told the court that the state applied for the injunction before it went to the Supreme Court.
He applied that the application be sent to the Supreme Court for hearing with the appeal.
“We are asking that the application be forwarded or transmitted to the Supreme Court. We have forwarded our return argument to the Supreme Court, but we are yet to ascertain whether it has been entered,” Oyenuga said.
Counsel for the first, second and third respondents, Mr Hassan Fajimite did not object.
The court upheld the request, but observed that for that to happen, the application must be withdrawn or struck out by it.
Justice Garba said: “An appeal has been entered at the Supreme Court; you can’t expect us to transmit it to the Supreme Court. You have to withdraw the application. The application before us has to go. The application is hereby struck out.”
In a unanimous decision last July 21, a special five-man panel presided over by Justice A.S. Gumel held that it would amount to religious discrimination if the pupils were not allowed to wear hijab.
The appeal was filed by two female pupils of Atunrase Junior High School in Surulere, Asiyat Kareem and Mariam Oyeniyi, under the aegis of the Muslim Students’ Society of Nigeria (MSSN), Lagos State Area Unit.
Tag: Appeal court
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Appeal Court strikes out Lagos’ bid to suspend hijab use
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Appeal Court hears oil lease case June 5
The Court of Appeal sitting in Lagos will on June 5 hear an appeal by Chevron USA Inc. and others against Brittania-U Nigeria Limited.
Chevron, in the appeal filed two-and-a-half years ago, is challenging the judgment of a Lagos Federal High Court, which assumed jurisdiction to entertain a suit on the divestment of Chevron’s interest in Oil Mining Licenses 52, 53 and 55.
The other appellants are BNP Paribas Securities Corp., Mr Hermant Patel and Seplat Petroleum Development Company Limited.
Brittania-U Nigeria’s counsel, Mr. Abiodun Owonikoko (SAN), told the court about a pending application seeking to dismiss the appellants appeal for want of diligent prosecution because of failure to transmit record or file appellants’ brief.
He said the appellants filed a motion for extension of time to compile and transmit records of appeal.
Owonikoko said his client had filed an application to dismiss the appeal because of the appellants’ delay in prosecuting the appeal.
The court awarded N20,000 cost to Brittania-U after Owonikoko withdrew the motion to dismiss the appeal after the appellants counsel said the record of appeal 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 for sale OMLs 52, 53 and 55 and as usual invited bids from interested firms.
The sale of the assets became controversial after Chevron allegedly 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.
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Convict drags NDLEA to Appeal Court over life sentence
…as agency secures 212 convictions in one year
A 32 year-old drug convict, Aluagwu Lawrence, of Iju Ishaga area of Lagos State, who was sentenced to life imprisonment for possessing 220 grammes of cannabis, has taken the National Drug Law Enforcement Agency (NDLEA) to the Court of Appeal in contention of the sentence awarded him at the Federal High Court.
In response to the motion of appeal, the NDLEA at the weekend filed its brief of argument and March 27, 2017 was fixed for the commencement of the argument of the motion of appeal. The appellant counsel, Barrister Vincent Nwanna, in his submission, stated that the sentence by the Federal High Court on his client for possessing 200 grammes of cannabis is excessive and should be reviewed by the Appeal Court.
However, the NDLEA counsel, Barrister Jeremiah Aernan said that the Agency has a superior argument because the convict pleaded guilty before the Federal High Court and that the NDLEA Act does not differentiate between quantities of drugs found on dealers.
Meanwhile the Lagos command of the NDLEA arrested 274 suspected drug dealers in 2016 and successfully won the conviction of two hundred and twelve (212) drug dealers comprising 205 males and seven females. This is the highest conviction recorded by the Lagos command. The convicts got various jail terms including life imprisonment with hard labour.
However, one Joy Amah, a 34 year old caught with 45.2kg of cannabis, was convicted and pardoned by Justice Shagari on the ground that she was five months pregnant and had spent three months in custody.
Chairman and Chief Executive of the NDLEA, Col. Muhammad Mustapha Abdallah (retd) who commended the Lagos command for securing 212 convictions in a year, said that the Agency is strategisingon how to tackle the drug problem in the State.
“The Agency seized more drugs and won more convictions in 2016 in Lagos. I commend the prosecuting counsel for winning 212 convictions last year.
A total of sixteen thousand, five hundred and seventy-one (16,571.289 kgs) of narcotic drugs were seized by the Lagos command. While two hundred and twelve (212) drug dealers were convicted last year, one hundred and forty (140) cases were pending at the Federal High Court as at December 31, 2016. This is a clear indication that the drug problem is huge” Abdallah stated. -
Appeal Court hears Gadzama’s case Jan. 25
The Court of Appeal in Abuja has fixed January 25 for hearing of an interlocutory appeal filed by Chief Joe-Kyari Gadzama (SAN), claiming to have won the last Nigerian Bar Association (NBA) presidential election.
When the matter came up last December 13, the court urged parties to put their houses in order.
Gadzama’s lead counsel, Chief Emeka Ngige (SAN), sought to move the appellant’s motion for accelerated hearing of the appeal.
But some of the respondents raised issues of service of the motion, arguing that the motion was not ripe for hearing.
Some of them complained that no notice of appeal, record of appeal or appellant’s brief was served on them.
They requested that the processes “and other subsequent processes” be served on them.
Ngige led Sebastine Hon (SAN), Gabriel Tsenyen, Mrs. Ozioma Izuora and 11 other lawyers for the appellant.
Last December 7, Gadzama filed an affidavit of urgency praying the Presiding Justice of the Court of Appeal for the assignment and hearing of the appeal.
Gadzama went to the Appeal Court following the high court’s rejection of his plea to consolidate the substantive suit with the respondents’ preliminary objections.
Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court had on November 8 held that the preliminary objections would be heard first.
In a Notice of Appeal brought pursuant to Order 6 Rule 2 of the Court of Appeal Rules 2011, the appellant raised three grounds of appeal upon which the judge’s ruling is being contested.
According to Gadzama, “The Appellant’s suit is neither unworthy nor fruitless as to warrant being terminated at infancy without considering the substance of the suit.”
He also contended: “Having observed that the issues raised and the authority of AMADI VS NNPC (2000) 10 NWLR (pt. 674) 76 cited to him was ‘ordinarily in the interest of justice to avoid unnecessary waste of time,’ the court ought to have followed the salutary principle of law enunciated in the said decision which is binding on it.”
The appellant further stated: “A trial or intermediate court confronted with a preliminary objection to the competence of the suit in a matter of which time is of essence is required in the interest of justice to consolidate the hearing of the objections with the substantive suit and deliver a composite decision comprising of the ruling on the objection as well as judgement on the substantive matter.”
According to Gadzama, “Having classified the appellant’s counsel’s submissions as ‘very useful,’ the court ought not to have departed from the course of doing substantial justice by succumbing to ‘dogged submissions’ of Respondents’ counsel in the realm of arid legalism.”
He further noted that the trial judge “erred in law when he dismissed the appellant’s application for the consolidation of the preliminary objections with the substantive suit, despite the perishable nature of the subject matter of the suit,” adding that “The 15th respondent (Mr. Abubakar Mahmoud, SAN) has already been sworn in as the President of the Nigerian Bar Association for a single term of two years from August 2016 to August 2018 despite the service on him of a motion on notice before the trial court seeking to restrain his swearing-in.”
On the reliefs being sought, the Notice of Appeal states that the appellant is seeking “an order setting aside the decision of the High Court of the Federal Capital Territory contained in the ruling delivered by Hon. Justice Y. Halilu dated 8th November, 2016.”
Gadzama is also seeking “an order directing the consolidation of all pending preliminary objections/applications filed by the Defendants/Respondents with the substantive suit in this matter” as well as “An order directing accelerated hearing of the matter at the High Court of the Federal Capital Territory.”
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Appeal Court hears Ikpeazu, Nwosu suit December 5, 6
A five-man panel of the Court of Appeal sitting at the Owerri Division has fixed December 5 and 6 for the hearing of an appeal filed by Sir Friday Nwosu against the July 8 judgment of the Federal High Court in Owerri, which cleared Governor Okezie Ikpeazu of alleged submission of false information and forged tax documents.
Nwosu, who contested the December 8, 2014 Peoples Democratic Party (PDP) governorship primaries in Abia State, accused Ikpeazu of submitting forged tax certificates and false information to his party.
A hearing notice by the Court of Appeal’s Registry, Owerri, reads: “Take notice that the Appeal between Sir Friday Nwosu (Appellant) and the PDP and three others (Respondents) has been fixed for hearing, ruling/mention, judgment before the Court of Appeal sitting at Port Harcourt Road in Owerri on Monday and Tuesday (December 5 and 6).”
Due to the nature of the appeal as a pre-election matter, which ought to have been decided, it is believed that the court would deliver judgment on December 6 to allow the parties who may not be satisfied with the verdict to go to the Supreme Court.
There are pending appeals on the same suit at the apex court.
The court had fixed September 22 and 23 for hearing and judgment, but when the case came up for mention on that date, Justice R. C. Agbo upheld the argument of the counsel to the fourth respondent, O. J. Nnadi (SAN), who said he was not served.
The judge adjourned the matter till October 20.
But on October 20, the court again adjourned the matter to allow the Supreme Court determine a motion filed by Nwosu.
The politician prayed the apex court to take over the matter but the motion was struck out on November 8. -
Appeal Court hears Ikpeazu, Nwosu suit December 5, 6
A five-man panel of the Court of Appeal sitting at the Owerri Division has fixed December 5 and 6 for the hearing of an appeal filed by Sir Friday Nwosu against the July 8 judgment of the Federal High Court in Owerri, which cleared Governor Okezie Ikpeazu of alleged submission of false information and forged tax documents.
Nwosu, who contested the December 8, 2014 Peoples Democratic Party (PDP) governorship primaries in Abia State, accused Ikpeazu of submitting forged tax certificates and false information to his party.
A hearing notice by the Court of Appeal’s Registry, Owerri, reads: “Take notice that the Appeal between Sir Friday Nwosu (Appellant) and the PDP and three others (Respondents) has been fixed for hearing, ruling/mention, judgment before the Court of Appeal sitting at Port Harcourt Road in Owerri on Monday and Tuesday (December 5 and 6).”
Due to the nature of the appeal as a pre-election matter, which ought to have been decided, it is believed that the court would deliver judgment on December 6 to allow the parties who may not be satisfied with the verdict to go to the Supreme Court.
There are pending appeals on the same suit at the apex court.
The court had fixed September 22 and 23 for hearing and judgment, but when the case came up for mention on that date, Justice R. C. Agbo upheld the argument of the counsel to the fourth respondent, O. J. Nnadi (SAN), who said he was not served.
The judge adjourned the matter till October 20.
But on October 20, the court again adjourned the matter to allow the Supreme Court determine a motion filed by Nwosu.
The politician prayed the apex court to take over the matter but the motion was struck out on November 8.
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Appeal Court hears Tarfa’s bribery charge appeal January 19
THE Court of Appeal, Lagos Division, yesterday fixed January 19, 2017 to hear an appeal filed by embattled Senior Advocate of Nigeria (SAN) Rickey Tarfa, challenging a Lagos High Court’s refusal to quash the bribery charge filed against him by the Economic and Financial Crimes Commission (EFCC).
EFCC arraigned Tarfa before Justice A. A. Akintoye on March 10, on the allegation, among others, that he offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, to compromise the judge.
It claimed that Tarfa transferred the money in several tranches to Justice Nganjiwa between June 27, 2012 and December 23, 2014.
But Tarfa, through his defence team comprising about 34 SANs, challenged the court’s jurisdiction to entertain the case.
In her ruling, Justice Akintoye dismissed the application and held that the court had jurisdiction to hear the matter.
Dissatisfied, Tarfa filed a Notice of Appeal and urged the appellate court to and set aside the judgment of the lower court.
At the appellate court yesterday, appellant’s lawyer, Biodun Owonikoko (SAN), informed the court that record of appeal had been compiled and transmitted, adding that the appeal was ripe for hearing.
EFCC counsel Rotimi Oyedepo said the commission had filed its briefs and was ready to argue the appeal.
Consequently, the presiding Justice, Justice Mohammed Lawal Garuba, fixed January 19 for the hearing of the appeal.
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Former Appeal Court president, Dalhatu Dies at 65
Former Acting President of Court of Appeal, Justice Dalhatu Adamu is dead.
He died 12 am on Monday at the Ibrahim Badamasi Babaginda Specialist Hospital in Minna, Niger State at the age of 65.The late Justice was appointed as the Acting President, Court of Appeal in August 2011.
Dalhatu attended the Institute of Administration, ABU, Kongo Campus from 10973 to 1975 where he obtained LLB (Hons.) Degree in Law. Between 1976 and 1977, he attended the Nigerian Law School and was called to the Bar on July 1, 1977.
He started his professional career in Law as Pupil State Counsel, Ministry of Justice, Niger State in 1977. In 1989 when he was appointed High Court Judge of Niger State.
He was promoted to the higher bench as a Justice of Court of Appeal in 1993. Until his appointment as Acting President of the Court of Appeal, Hon. Justice Dalhatu Adamu was Presiding Justice of the Sokoto Division.
He was married with two wives, nine children and two grand children. He has since been buried according to Islamic rites.
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Fuel subsidy killing: Appeal Court sits today on ex-DPO’s appeal
The Court of Appeal, Lagos Division, will today sit on the appeal filed by the ex-Divisional Police Officer (DPO) of Agege Police Station, Mr Segun Fabunmi, seeking nullification of a 10-year jail term on him by a Lagos High Court for manslaughter.
Fabunmi was sentenced to 10 years imprisonment for firing the shot thàt killed one Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos.
The Lagos Attoney-General and Commissioner for Justice, Mr Adeniji Kazeem, will represent the state at the sitting.
Fabunmi shot and killed Daramola around 9am on January 9, 2012.
The officer had been patrolling the streets with a detachment of junior officers, during which he fired the shot that killed Daramola.
According to the prosecution, Fabunmi fired his Ak-47 into a crowd of protesters, killing Daramola and wounding several more people.
Fabunmi’s counsel claimed his client had no intention to kill anyone and that the rifle was fired when he attempted to retrieve his gun from a protester.
The judge rejected the defense counsel’s argument and handed down a sentence of 10 years for the murder of Daramola.
He was also jailed five years for the injuries caused to the other protesters.
The sentences were to run concurrently.
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Tompolo to judge: refer my case to Appeal Court
WANTED ex-Niger Delta militant leader Chief Government Ekpemupolo (alias Tompolo) yesterday asked Justice Mojisola Olatoregun-Ishola of the Federal High Court in Lagos to refer his case to the Court of Appeal for determination.
Tompolo is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act (ACJA) 2015 to the extent of their inconsistency with the 1999 Constitution”.
The applicant said the issues raised in his suit were novel.
According to him, since there was no precedent, it would be better for the Court of Appeal to determine the case as any decision reached on the matter “would affect many criminal and civil cases all over Nigeria, where the ACJA is being applied”.
In a supporting affidavit deposed to by Oladapo Sofola, Tompolo said: ”A decision of this court on these issues will eventually be submitted to the Court of Appeal for review. Valuable time and resources will be saved if these issues are henceforth referred by this honourable court to the Court of Appeal as requested. The interest of justice will be better served, if the substantial issues of law are so referred.”
Through his lawyer Ebun-Olu Adegboruwa, Tompolo said sections 221 and 306 of the ACJA were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.
Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.”
Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”
Tompolo wants the Court of Appeal to determine the following:
•whether the ACJA sections are in consonance with sections 4 (8) 6 and 36 of the 1999 Constitution;
•whether the sections are in consonance with Article 7 (1) (d) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 2004; and
•whether the sections do not constitute flagrant violations of the guaranteed constitutional right of the applicant.
Opposing Tompolo’s application, Attorney-General of the Federation, represented by Tolu Mukoro, urged the court to dismiss it.
He said the Section 45 of the 1999 Constitution permits the government to enact any law such as the ACJA.
He further submitted that since Tompolo has been consistently absent in the main criminal proceedings leading to the civil suit, he should not be allowed to take benefit of his wrong doing to obtain any favour from the court.
Counsel for the Economic and Financial Crimes Commission (EFCC) Ibrahim Mohammed also urged the court to dismiss the suit.
Justice Ibrahim Buba, before whom criminal charges against Tompolo are pending, had on January 14, issued a warrant for Tompolo’s arrest.
But Tompolo, on January 27, filed an application to set the warrant aside. On February 8, Justice Buba dismissed the application. Tompolo thereafter appealed the ruling on February 18.
EFCC, on March 22, arraigned Tompolo in absentia over N34 billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large” in the charge.
He was also absent on April 18 when his co-accused and former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Dr. Patrick Akpobolokemi and others were arraigned for alleged N22.7 billion fraud. He was also said to be “at large”.
Justice Olatoregun-Ishola adjourned until December 12 for ruling on Tompolo’s application.