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Tag: Appeal court

  • Ibinabo weeps as Court confirms five years’ jail term

    Ibinabo weeps as Court confirms five years’ jail term

    • Actress heads to Supreme Court

    The Court of Appeal Lagos Division, Friday dismissed an appeal filed by ex beauty queen, Ibinabo Fiberesima challenging a Lagos High Court judgement which sentenced her to serve five years in prison for the death of one Dr. Giwa Suraj.

    The embattled president of the Actors’ Guild of Nigeria (AGN) was sentenced by Justice Deborah Oluwayemi for reckless driving which caused the death of Suraj in an auto accident along the Lekki-Epe Expressway, Lagos.

    He was a staff of a Lagos State hospital.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina, urged the court to set aside the sentence and restore the decision of the Magistrate Court which sentenced her to a N100, 000 fine.

    But, delivering judgment Friday, the appellate court dismissed the appeal and affirmed the High Court’s judgment.

    In a unanimous decision delivered by Justice Jamilu Yammama Tukur the court held that the trial Magistrate Court lacked the discretion to grant Ibinabo an option of fine after her conviction.

    It held further that the appeal lacked merit and thereby dismissed it accordingly.

    Other members of the panel are Justice U.I. Ndukwe-Anyanwu (Mrs.) (presiding) and Justice Tijani Abubakar respectively.

    Ibinabo, who was visibly apprehensive throughout the proceeding, burst into tears immediately the judgment was delivered.

    The court had, at its last sitting, ordered her to appear before it on judgement day.

    Speaking on the judgement, her lawyer, Nnaemeka Amaechina, said it would be challenged at the Supreme Court adding that a Notice of Appeal had been filed already.

    The Commissioner of Police, Lagos State Command had in 2005 charged Fiberesima to an Igbosere Magistrates’ Court on a two-count charge of dangerous and reckless driving along the Lekki- Epe Expressway, Lagos which resulted in the death of Suraj.

    She was awarded a N100, 000 fine by the Court, but this decision was tested at the High Court by the Lagos State Government.

    At the High Court, Justice Oluwayemi set aside the option of N100, 000 fine imposed and sentenced Fiberesima to five years imprisonment for dangerous and reckless driving.

    She held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of N100, 000 fine and this did not serve the purpose of justice.

    She subsequently ordered that the N100, 000 should be returned to Fiberesima.

    The court added that Section 28 of the Road Traffic Law clearly provides that where a reckless and dangerous driving has caused the death of a person, the accused person shall be guilty of an offence and is liable on conviction to imprisonment of seven years.

    Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina before the Court of Appeal urged the court to set aside the five year sentence and restore the decision of the Magistrate Court.

    Amaechina had argued that the Magistrate’s Court exercised its discretion properly and there was no ground to review it by the high court.

    He submitted that by virtue of the Notice of Increased in Jurisdiction of Magistrates, No. 7 of 2006, the trial Magistrate could only impose a maximum of 7 years imprisonment or N100, 000.00 fine.

    He added that N100, 000.00 fine is the maximum limit the trial Magistrate can impose as fine and that was what it imposed on the appellant.

    In her response, counsel to Lagos State, Rotimi Odutola (Mrs.) argued that the law creating the offence of dangerous driving causing death has provided for a term of imprisonment as punishment for anyone convicted under section 28 hence the trial Magistrate ought not to exercise such arbitrary discretion to impose N100.000.00 as fine.

    Odutola further submitted that the children of the deceased have been permanently deprived of the ‘’measureless contributions’’ of their father to their lives as a result of his death caused by the appellant.

  • Appeal Court quashes verdict on Ota land dispute

    The Court of Appeal sitting in Ibadan has set aside an Ogun State High Court’s verdict which vested the Ikibawo Family with the right of occupancy on a land at Ijaba, near Osuke Village via Ota.

    It held that the high court lacked jurisdiction to entertain the case. Justice Nonyerem Okoronkwo allowed the appeal.

    “There was interplay of errors in the manner of commencement of the claims in the action. Both the main suit and the counter-claim are incompetent and are struck out.

    “The judgment of Ogun State High Court of October 24, 2011 is set aside for lack of jurisdiction. For the above reasons, the appeal is allowed,” the appellate court held.

    Chief Fatai Agbebiyi, Yahaya Ahmed (for themselves and on behalf of Isalu family of Iyesi Ota); Akanni Owonimesi and Salau Akanbi are the appellants.

    The respondents include Chief Sikiru Balogun, James Dada, Lasisi Kafaru, Chief Augustine Omilelewe (for themselves and on behalf of Ikibawo family); Timothy Ogunrounbi, Taiwo Ogunrounbi and Aweni Ogunrounbi.

    Justice A. A. Akinyimi of the Ogun High Court had declared the the claimants (respondents) are entitled to the land with survey plan number KOA/OG 97/DP 13 dated August 13, 1997.

    The judge also granted an order of perpetual injunction restraining the defendants (appellants) from trespassing or interfering with the claimants’ right over the land.

    Dissatisfied, the appellants lodged the appeal, arguing that the judge erred by entering judgment against them despite overwhelming evidence in their favour.

    The appeal court held that the high court’s proceedings were wrongly initiated.

    “The superstructures include the proceedings and the judgment of the lower court, the subject matter of this appeal. They all rest on nothing and are therefore vitiated by being set aside,” the appellate court held.

    The appeal court also dismissed the counter-claim to the action on the basis that it was not properly filed.

    “The counter-claim not having been paid for, in respect of the reliefs claimed therein, has not been initiated by due process…It, therefore, is incompetent and is liable to be struck out,” Justice Okoronkwo held.

    Justice Ali Gumel and Justice Obietonbara Daniel-Kalio concurred with the lead judgment.

     

     

  • Appeal Court nullifies nomination of Oyo monarch

    Appeal Court nullifies nomination of Oyo monarch

    THE Court of Appeal, Ibadan Division has nullified the emergence of Jimoh Oyeyemi Oloyede as the Aressadu of Iressadu in Surulere Local Government Area of Oyo State.

    In a unanimous judgment delivered by Justices M.B. Doing an-Mensem, Mudashiru Nasiru Oniyangi and Nonyerem Okoronkwo, the court also set aside the judgment of the State High Court delivered on April 4, 2000.

    The trio of Princes Adeyeye Oyerinde, Adegbola Oyerinde and Oyeyemi Oyerinde, for themselves and on behalf of Sunloye branch of Oshunbiyi ruling house had approached the Appeal Court to set aside the decision of the High Court, sitting in Ogbomoso and delivered on April 4, 2000.

    The respondents, according to the ruling obtained from the office of the Registrar, Court of Appeal, Ibadan, are the Soun of Ogbomosho, Oba Jimoh Oyewumi,  Surulere Local Government secretary, Jimoh Oyeyemi Oloyede, the governor, attorney general, Prince Bello Oloyede (for himself and on behalf of Oshunbiyi ruling house, excluding Sunloye branch), Chief Salami Amoo (for himself and on behalf of other Aresaadu Kingmakers) and Surulere local government.

    The appellants, who are principal members of Sunloye branch of the Oshunbiyi ruling house of Aresaadu, the other branch being Idowu branch, Latilewa branch and Okunola branch are said to be entitled, to the exclusion of other mentioned branches, to present a candidate for the vacant tool of Aresaadu.

    The appellants said: “It was the turn of Osunbiyi ruling house to fill the vacancy which the other branches had gotten their turn in this order of rotation: Idowu, Latilewa, Sunloye and Okunola.

    “That when pursuant to a letter written by the second respondent (secretary, Surulere local government) dated October 11,1996 to the Osunbiyi ruling house, requesting it to a present candidate to the kingmakers of Aresaadu within 14 days, the Osunbiyi ruling house fixed a meeting for October 22,1996 and the second respondent(secretary, Surulere local government) was present as an observer.

    “However, when the head of Osunbiyi ruling house called on the head of Sunloye branch to present their chosen candidate of Sunloye branch for the vacant stool, the second respondent insisted that as many candidates as possible must be nominated by reason of which majority of the ruling house protested and walked out but the meeting went on after which the minute of the meeting was prepared by the secretary of the ruling house wherein he stated that nine candidates emerged and the names of the candidates were forwarded to the local government, the first respondent (Oba Jimoh Oyewumi) as well as the second respondent, but nonetheless and without investigating the merits of their petitions and the second respondent forwarded the names to the kingmakers, the kingmakers however in view of this breach of the custom refused to sit for almost two months and when the second respondent threatened to appoint, warranted the kingmakers to eventually appointed the third respondent, hence the suit at the lower court.”

    The appellants then sought an order from the Court of Appeal setting aside the said judgment of the lower court and entering final judgment in favour of the plaintiff.

    In his ruling, the lead judge, Justice Mudashiru Oniyangi considered three clauses as being germane to the case.

     

  • Appeal Court nullifies impeachment of Nyako

    The Yola Division of Federal Court of Appeal on Thursday declared the impeachment of former Governor Murtala Nyako of Adamawa as unconstitutional, null and void.

    The News Agency of Nigeria (NAN) recalls that the Adamawa House of Assembly had on July 16, 2014, impeached and removed Nyako for gross misconduct.

    In a unanimous judgment by the five justices of the Court of Appeal, the court said the impeachment was not done in accordance with the provisions of the law as the governor was not served the impeachment notice personally.

    In the lead judgment read by Justice Tunde Ayotoye, the judges agreed that Nyako was not given fair hearing.

    The court ordered that Nyako be accorded all rights of the Office of the Governor of Adamawa through the period and paid all his entitlements as governor while it lasted.

    The court, however, struck out the appeal by Nyako to be returned as governor of the state as his tenure as governor had elapsed.

  • INEC releases time table for rerun elections in 15 states

    INEC releases time table for rerun elections in 15 states

    The Independent National Electoral Commission Tuesday released the time table for the rerun elections.

    The elections which cut across 15 states of the federation, according to the electoral body will only involve political parties that participated in the last election with their respective candidates.

    The elections are for the electoral issues that terminated at the Appeal Court.

    According to the released time table, constituent election for Gombe will hold on the January 27th, Adamawa, February 13th; Kaduna, Plateau, Niger, Benue, Nasarawa, Kogi, Taraba and Imo February 20th.

    That of Abia, Anambra and Bayelsa have been scheduled for March 5th; Akwa Ibom slated for March 12th while Cross River and Rivers scheduled for 19th March.

    The Commission noted in a terse statement signed by its Secretary, Mrs. Augusta Ogakwu that “consequent upon the judgment of the court, the commission will conduct the elections in 69 of the said constituencies with the same political parties and their respective candidates.”

     

     

  • Appeal Court reserves ruling in Zamfara N3.1b debt case 

    Appeal Court reserves ruling in Zamfara N3.1b debt case 

    The Court of Appeal, Lagos Division presided over by Justice Sidi Bage Wednesday reserved ruling in the appeal by Zamfara State Government against the judgment of Justice Okon Abang of the Federal High Court in Lagos, which ordered it to pay Ecobank Nigeria Limited, a debt of N3.1 billion from the federal allocation accruable to it.

    Zamfara State also prayed the court to set aside a Garnishee Order attaching the money of the state in all the banks, pending the hearing and determination of the substantive appeal.

    In his judgement, Justice Abang ordered the Zamfara State to pay a judgment sum of N3.159, 017,940.71, to Ecobank Nigeria Limited, being the outstanding indebtedness to the bank.

    Justice Okon Abang gave the order while delivering judgment in a suit filed by the bank against Zamfara State Government.

    Other defendants in the suit are the Zamfara State Attorney-General, Zamfara State Ministry of Finance; Accountant-General of the Federation; Attorney-General of the Federation and the Central Bank of Nigeria.

    Dissatisfied, Zamfara State appealed against the judgment and urged the appellate court to set it aside.

    Wednesday, the appellate court heard arguments on the appellant’s application dated October 30, 2015, asking the court to set aside the Garnishee Order made by the lower court pending the hearing and determination of the appeal.

    Addressing the court, counsel to Zamfara State, Mr. Abiodun Owonikoko argued that while the appeal against the judgment of the lower court was still pending, Ecobank went ahead to secure a Garnishee Order freezing the account of the state in all the banks in Nigeria.

    Owonikoko informed the court that because of the order, all activities in the state have been paralysed and the state could no longer pay its staff.

    Citing a plethora of legal authorities, Owonikoko argued that it was wrong for the lower court to garnishee an account of a government institution without obtaining a fiat from the office of the Attorney-General of the Federation.

    He urged the court to allow the application and set aside the Garnishee Order.

    In his reply, counsel to Ecobank, Kunle Ogunba (SAN) submitted that the ‘’garnishee of a debtor’s account is an acceptable procedure in the Nigerian legal system’’.

    Ogunba argued that the application to set aside the garnishee order is misconceived and urged the court to refuse it.

    The court presided over by Justice Bage reserved ruling on the application and said the date will be communicated to all the parties subsequently.

    Justice Abang had in his judgement upheld Ecobank’s claim of N3.1bn with 30 per cent interest from March 1, 2013 till judgment day and 10 per cent thereafter until the final liquidation of the debt.

    Abang said Zamfara State had admitted to obtaining a credit facility in sum of N1.5bn in 2009 from the defunct Oceanic Bank Plc, which was later acquired by Ecobank.

    The judge said although Zamfara State claimed to have been paying back and had only an outstanding debt of N800m, the state did not say how much it had already paid and at what date its outstanding debt was determined to be N800m.

    Dissatisfied, the state government in its appeal is praying the appellate court to stay execution of the judgment pending the outcome of its appeal.

    The appellant argued that the lower court judge erred in his judgment and that unless there was a stay of judgment execution, the outcome of the appeal would become nugatory.

  • Peterside: Supreme Court’ll reaffirm Appeal Court’s verdict

    Peterside: Supreme Court’ll reaffirm Appeal Court’s verdict

    The governorship candidate of the All Progressives Congress (APC) in Rivers State in the April 11 election, Dr. Dakuku Adol Peterside, has said members of the party and other lovers of democracy are confident that the Supreme Court will reaffirm the judgment of the Court of Appeal which sacked Governor Nyesom Wike.

    Peterside, a former member of the House of Representatives, spoke at the weekend at APC’s Rivers Southeast Senatorial District’s meeting at Senator Magnus Abe’s office at Bori, the traditional headquarters of the Ogoni and the seat of Khana Local Government Area.

    Besides Abe, who represented the district at the Seventh National Assembly, other party chieftains at the meeting included State APC Chairman Chief Davies Ikanya; the Director-General of Peterside’s Greater Together Campaign Organisation, Chief Victor Giadom and the party’s Deputy National Secretary, Orji Ngofa.

    Peterside assured that the APC was prepared for the governorship rerun, as ordered by the Appeal Court.

    The election is expected to hold between February and March.

    Wike, the Peoples Democratic Party (PDP) candidate, was sacked by the Election Petitions Tribunal in Abuja on October 24, last year.

    The Court of Appeal, Abuja, on December 16, last year, affirmed the tribunal’s judgment.

    But the governor immediately directed his lawyers to go to the apex court.

    Peterside said: “We are confident that the Supreme Court will reaffirm the judgment of the Court of Appeal, which also affirmed the verdict of the Governorship Election Petitions Tribunal in the first instance. I am convinced, like any Rivers person, that the Supreme Court will nullify the 2015 governorship election in Rivers State.

    “The APC is looking forward to participating in free and fair rerun, where the winner of each ballot will be determined by the actual votes cast by the electorate…’’

  • A’Court nullifies House of Assembly election in Cross River

    A’Court nullifies House of Assembly election in Cross River

    The Appeal Court sitting in Calabar, the Cross River State capital, Friday nullified the April 11, 2015 House of Assembly elections for Yakurr 2 State Constituency in which Mr. Jonas Eteng William of the Peoples Democratic Party (PDP) emerged winner.

    Justice Onyekachi Otisi, who delivered the ruling, ordered that a rerun be conducted within 90 days.

    The candidate of the Labour Party (LP), Captain Eno Utim Inah had proceeded to the Appeal Court on a 12-ground appeal after losing at the Tribunal.

    Inah’s lawyer, Mr. Egere Osim, among others had argued against the issuance of the certificate of return, Exhibit 24 RE10, to the first respondent, Williams, on the 13th day of April 2015, when elected was yet to be concluded.

    According to Osim, “Elections were concluded in 55 per cent of the constituency on the 25th day of April but yet, certificate of return was issued on the 13th. So we now said that the certificate of return is evidence of substantial non-compliance with the electoral act and the election manual.”

    “The Tribunal said no and what we should have done was to prove and give evidence that election in the polling unit and ward was marred instead of harping on the certificate of return, but we said no, that the certificate of return being evidence tendered by the respondent supported our case and based on it the Appeal Court should nullify the election and based on that the court now agreed with us and nullified the election and called for return in 90 days.”

    The ousted Williams did not object to the judgment.

    He said he was prepared for the rerun and was certain he would still win.

  • Ikpeazu, PDP urge Supreme Court to void Appeal Court’s judgment

    Ikpeazu, PDP urge Supreme Court to void Appeal Court’s judgment

    Abia State Governor, Okezie Ikpeazu and his party, the Peoples Democratic Party (PDP) filed a notice of appeal against last Thursday’s decision of the Appeal Court in Owerri, Imo State sacking him from office.

    The court’s panel, led by Justice Oyebisi had, in its judgment, declared Alex Otti of the All Progressives Grand Alliance (APGA) as the winner of the election held on April 11 last year. It held that Otti scored the highest valid votes of 164,332 as against 114,444 scored by Ikpeazu.

    The court held that there were established cases of over-voting and allocation of votes in favour of the PDP candidate in three Local Government Areas (LGAs) of Isi-Alangwa, Osisioma and Obingwa and proceeded to void elections in the three LGAs.

    In a notice of appeal filed Monday at the Supreme Court, Ikpeazu and PDP are praying ‎ the apex court to among others, set aside the Appeal Court’sjudgment on the ground that neither Otti nor his party called credible and cogent evidence in support of their petition challenging Ikpeazu’s victory. ‎

    They have also written the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu asking him to respect the constitution and not to do anything that will tamper with his office as the governor of Abia State.

    They are contending in the letter written on their behalf by Wole Olanipekun (SAN), That Ikpeazu remains the state governor until he had exhausted his right of appeal to the Supreme Court.

    The governor and his party said they were dissatisfied with the judgment of the Court of Appeal and had instructed their lawyer to file an appeal against same to the Supreme Court.

    They reminded the commission that Ikpeazu has an unimpaired and unfettered constitutional right to appeal against the judgment of the court of appeal to the Supreme Court, under and by virtue of section 233(2)(e)(iv) of the constitution of the Federal Republic of Nigeria, 1999 (as amended).

    Ikpeazu and his party added that they have decided to file a notice of appeal, because they were yet to access a certified true copy (CTC) of the judgment by the Court of Appeal.

    They raised three grounds in their appeal, to include that  the Appeal Court was wrong to have declared “the 1st respondent (Otti)‎ winner of the 11th and 25th April, 2015 Abia State Governorship election on the grounds that he scored the majority lawful votes cast at the election”.

    They contended in the second ground that “the Court of Appeal erred in. Law when they (the Justices on the panel) neglected to apply the clear provisions of sections 49, 52(2), 138(2) and 155 of the Electoral Act, 2010 (as amended) but relied solely on Card Reader accreditation as the basis for holding that there was over-voting and therefore cancelled the election in Obingwa, Osisioma Ngwa and Isiala Ngwa LGAs in the 11th and 25th April, 2015 Abia State Governorship election.”

    The appellants noted that ‎”in instant case, where the 1st and 2nd respondents (Otti and APGA) sought for nullification of votes from Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs of Abia State in relation to matters or events that took place at the Polling Units, they must produce evidence of eye witnesses who saw it all on the days of elections well as tender primary Unit results of documentary evidence in relation to the questioned Local Government Areas.

    “The Court of Appeal found as a fact (as did the tribunla) that the State Returning Officer had no powers to cancel results in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs.

    “By the findings (in Paragraph iii) above, all the allegations of malpractice and non-compliance asbasis of results by the Returning Officer needed to be proved. No proof was offered and the Court of Appeal did not refer to any.”

    Their letter reads in part:”‎Bearing in mind the fact that INEC itself is a party to the processing as, and would also be a party to the appeal which would definitely be filed on behalf of our client immediately on receipt of the judgment of the court of appeal, may we urge on INEC to resist any invitation by anybody or from any quarter to do anything that would work contrary to the clear and express provisions of both the constitution and electoral act in respect of the res (subject) of the appeal particularly, the position of the governor of Abia State, which our client occupies.

    “Also, under section 143(2) of the electoral act, 2010 (as amended), our client has the statutory right to remain in office pending the expiration of the period within which an appeal shall be filed, assuming without conceding that he does not even want to lodge an appeal against the decision of the court of appeal. Upon filing his notice of appeal, our client is also constitutionally entitled to remain in office until the Supreme Court decides and pronounces on his appeal.

    “That what is causing the delay against the filing of the notice and grounds of appeal against judgment is the failure of the court to avail both our client and our humble selves of a copy of its judgment, even as at the time of writing this letter, and despite demands.‎”‎

     

  • Abia APGA berates protest over Appeal Court’s ruling

    Abia APGA berates protest over Appeal Court’s ruling

    •‘It is a rape of democracy’

    Chairman of the Abia State All Progressives Grand Alliance (APGA)  Rev. Augustine Ehiemere has berated last weekend’s protest against the Appeal Court’s sack of Governor Okezie Ikpeazu. He described the protest as the handiwork of the enemies of the state.

    Angry protesters from Abia South, led by former Senate President Adolphus Wabara and others, on Saturday marched on the streets to protest the Appeal Court ruling which overturned Ikpeazu’s election and declared Alex Otti of the All Progressives Grand Alliace (APGA) winner.

    Ehiemere accused the Peoples Democratic Party-led (PDP) government of recruiting street urchins to foment trouble by blocking some roads “just to create a false impression that the people were unhappy with the Court of Appeal judgment.”

    He described the protest as inconsequential, saying “the protest further exposes the sponsors as the enemies of the good people of Abia.”

    He called on security agencies to take steps to forestall a breakdown of law and order.

    “The judgment has ended the era of looting and restored the people’s hope that our children will graduate and get befitting jobs rather than engage in ‘keke’ business; that our schools and hospitals would be equipped and that our public water schemes would function again,” he said.

    Ehiemere urged the people to resist being used by disgruntled elements to foment crisis in pursuant of their selfish interest.

    But the Peoples Democratic Party (PDP) has condemned the ruling.

    A statement by the Southeast National Vice Chairman, Austin Akobundu described the verdict as a rape, not only to democracy, but an affront to the rule of law.

    The statement reads: “Our attention has been drawn to the reckless display of judicial ineptitude and partiality on the Abia governorship election by a supposedly court of superior jurisdiction

    “In as much as we agree it is their jurisdiction to upturn judgments by lower courts; is it not constitutionally right and legally expedient for them to give judgments based on the rule of law, promotion and enhancement of democracy?

    “We are appalled that the Appeal Court, supposedly manned by men of high jurisprudence would wittingly decide to disenfranchise majority of Abia electorate, three councils in all, in an effort to give victory to Alex Otti and APGA, a victory they didn’t get at the election.

    “Even when the judges had the option of ordering a rerun so that Alex Otti and APGA could once more test their popularity at the polls, they chose to award undeserved victory to him.

    “PDP Southeast rejects the judgment and therefore, appeals to the learned and seasoned men at the Supreme Court to reverse it without delay. We call on Abia electorate to remain calm, resolute and prayerful until our revered Justices at the Supreme Court, which has been the last hope of the common man, consolidate what you freely expressed in April 2015.”