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Tag: Appeal court

  • CJN unhappy over conflicting decisions by Appeal Court Divisions

    CJN unhappy over conflicting decisions by Appeal Court Divisions

    •PCA rules out new projects in 2016

    The Chief Justice of Nigeria, Justice Mahmud Mohammed, is not happy at alleged inconsistent decisions of the nation’s courts especially on election petitions.

    The CJN is said to have taken note of   public complaints about contradicting decisions, particularly by divisions of the Court of Appeal, and fears the situation is capable of eroding public confidence in the Judiciary.

    The CJN suggested to the Appeal Court to create “an internal law report for Justices to access either electronically or in print in order to reduce the avenue for conflict in its jurisprudence.”

    He also drew the attention of Justices of the Court of Appeal to the suggestion made in 2008 by a retired Supreme Court Justice,  Niki Tobi, to the effect that “immediately a decision is given in one division, it should be sent to the other divisions without delay.”

    Justice Mohammed spoke in Abuja last week at 2015 edition of the Annual Conference of the Court of Appeal.

    The CJN argued that judges, being guardians of the law, “must not only be just, but also convey certainty in our justness.”

    His words: “It bears reminding that the overriding objective of every legal system in the world is to do justice. However, this cannot be achieved where there is confusion as to the state of the law as pronounced by the court.

    “As your lordships will agree, where an aggrieved person perceives, whether rightly or wrongly, that they will not receive justice, such a situation can indeed bode ill for the community in which he lives and can lead to acrimony and anarchy.

    “We must not ignore the negative perception that is occasioned by conflicting judgments delivered at various divisions of the Court of Appeal.

    “Such judicial contradictions only result in untold hardships to litigants in their quest for justice. They further cast your lordships in an unfavourable light and leave the judiciary at the mercy of inuendos, crass publications and editorials.”

    Justice Mohammed commended the court’s Justices for their positive contributions to the development of the nation’s justice delivery system.

    He hailed the court’s head, Justice Zainab Bulkachuwa for the way she constituted election petitions tribunals in spite of budgetary constraints.

    “I must similarly commend your lordships for being instrumental in propelling the judiciary towards an improved system of administration of justice in Nigeria.

    “With one justice of appeal to 1.8 million Nigerians, I dare say that your efforts at dispensing justice, despite frightening caseload, can best be described as extraordinary.”

    Justice Bulkachuwa said 2015 was quite challenging for the court, because it was an election year.

    She ruled out the possibility of the court embarking on fresh project this year in view of the new policy of zero budgeting, but assured that the court would strive to complete all existing ones.

    Bulkachuwa noted that the court’s annual justices conference, introduced by a former President of the court, Justice  Mustapha Akanbi, was intended to enable the court take stock of its activities for the year, identify challenges and seek solutions.

  • Appeal Court ruling on Taraba guber election ongoing

    Appeal Court ruling on Taraba guber election ongoing

    Appeal Court ruling on Taraba guber election ongoing.

  • Akwa Ibom Appeal Court verdict: Victory to the people

    The trending issue in the social media, by the motley sympathisers of the Peoples Democratic Party(PDP) in Akwa Ibom State, since the sack of Mr Udom Emmanuel as the governor by the Court of Appeal in Abuja, has been the understandable hysteria that if the rerun election is conducted again today, the former Executive Director of Zenith Bank would win.

    Laughable? I think so. In fact, a friend quipped: If Mr Emmanuel was going to win a rerun, why is he going to the Supreme Court? He equally provided the answer to his poser: The governor wants to take two or three more months’ salary before trying his luck in the coming rerun.

    My friend and, indeed, other Akwa Ibom indigenes, both in the state and elsewhere, know that this is the truth. Udom Emmanuel and his cohorts in the PDP in Akwa Ibom State know that he stands no chance in any election.

    His chances are further dampened by the fact he is generally seen as a godson of former governor, now Senator Godswill Akpabio. Before the emergence of the Senator as governor in 2007, Akwa Ibom never experienced cases of kidnapping, murders, assassinations and other vices, even at the height of militancy in the Niger Delta between 2003 and 2006.

    To even make matters worse,  Emmanuel inherited 80 per cent of his cabinet from the regime Akwa Ibom people thought was a bad dream they would soon wake up from. His modus operandi is not different. Up till this moment, six months on, even in his interim capacity as governor, Emmanuel has not thought it necessary to tell the Akwa Ibom people how much he inherited, both in cash and liabilities, from the former governor.

    He has continued to spend money on frivolities and keep promising industrialisation by simply clearing grounds and erecting flags. A clear case is the armoured car factory he promised the people very early in his interim administration. The flags are now torn and the weeds are up again at Ikot Ukap Itam in Itu Local Government Area.

    But, most important, the wastefulness which characterised the administration of Senator Akpabio has even grown more legs. Frivolous celebrations and giving of money to political jobbers are on the increase. Stories abound on how security vote to the tune of N2 billion monthly is being distributed to political chieftains.

    The main issues which the Appeal Court espoused at the ruling give the real verve as to why Akwa Ibom people cannot allow their destiny into the hands of the PDP and Mr Emmanuel. According to the Court of Appeal verdict, the governorship elections, and indeed other elections in Akwa Ibom state were a sham. There was (simply) no elections as collaborated by reports of both local and international observers, and even law enforcement agencies, minus State Independent National Electoral  Commission, INEC (for obvious reasons)

    The elections, especially the governorship elections broke every rules and guidelines of INEC on how elections could go. Apart from snatching of ballot boxes, maiming and intimidating voters, no collation was done at the unit, ward, local government and the state headquarters of INEC. In fact, the result of Akwa Ibom governorship election was allegedly tabulated at the government house in Uyo. Every indices that define credible elections were absence in the Akwa Ibom election.

    Even the contrivance of using senatorial district to hoodwink the people has refused to stick. The chameleonic Akpabio administraton just wanted to use every conceivable mean to foist Emmanuel on the people by using senatorial consideration instead of ethnic formular. The truth is that if Akpabio wanted to employ equity in the choosing a governor, the Oron people would have been the clear choice.

    The state stands on a tripod of Ibibio, Annang and Oron. Ibibio and Annangs have had their turns and it was only logical that he should have gone to the Oros in the Akwa Ibom South senatorial district to pick a candidate.

    The fact is Emmanuel is Ibibio just like Umana O. Umana. This subterfuge has also refused to stick with the people, who desire a person who knows how to banish the excruciating poverty in the mist of bounteous oil revenue in the last eight years, instead of the one who would rather build unfinished cinema house.

    So, it’s laughable to say that Udom Emmanuel would win if the governorship rerun elections are conducted today. A glimpse of what would happen was seen across Akwa Ibom state minutes after the Court of Appeal verdict penultimate friday. Thousands of Akwa Ibomites spontaneously poured on the streets of all the towns and villages in jubilation.

    Juxtapose this to when Udom was announced as the governor by the Resident Electoral Commissioner, Austin Okojie. The people responded by throwing pebbles, setting bonfires and closing major roads.

    These two scenarios can be concluded with the popular Ibibio proverb which says that signs of a good day are usually seen in the mornings.

    The only luck that the motley Udom Emmanuel choristers do not have is that there is a regime change, and one that is not ready to brook the shenanigans that usually characterised previous elections.

    The truth is, every Akwa Ibom man must be part of the election process, and let’s see between Emmanuel of PDP and Umana Okon Umana of the All Progressives Congress (APC), the person the people would want to have as governor. The Akwa Ibom people know the answer already.

     

    • Ankak, a journalist and public affairs commentator, lives in Lagos.

     

     

     

  • Court moves Delta guber appeal judgement to Abuja

    Court moves Delta guber appeal judgement to Abuja

    The court of Appeal have moved the Judgement of the Delta State governorship election petition to the Court of Appeal headquarter in Abuja.

    The Judgment which had been earlier scheduled for Appeal court in Benin on Thursday was allegedly moved to Abuja for undisclosed reason.

    The Front Desk Officer, Appeal Court, Benin said they have been communicated that the judgment is now to hold in Abuja on Thursday by 10am.

    The officer who pleaded anonymity, said we were asked to communicate to the affected parties that the judgment would hold in Abuja.

    Attempt made by our reporter to get reasons behind the movement from the Deputy Chief Registrar, Mrs. Ijeoma Nwobia prove abortive.

    She told the Nation that she was busy and had no time to attend to journalist.

    It would be recalled that the appeal court sitting in Benin had on Thursday last week reserved judgment on the appeal brought before it by the All Progressives Congress (APC) candidate, Olorogun O’ tega Emerhor.

    The Delta State governorship election petition tribunal had in October declared Dr Ifeanyi Okowa of the Peoples Democratic Party (PDP) winner of the April gubernatorial poll.

    The tribunal had ruled in favour of the governor and Independent Electoral Commission (INEC), dismissing the petition filed by Emerhor.

    Emerhor had approached the election petition tribunal to nullify the April poll on the ground of non-compliance with the electoral Act 2010 (as amended).

  • Taraba: Appeal Court reserves judgment on Ishaku’s election

    Taraba: Appeal Court reserves judgment on Ishaku’s election

    The Court of Appeal in Abuja on Monday reserved judgment in an appeal filed by Gov. Darius Ishaku of Taraba against the nullification of his electoral victory by a tribunal.

    Justice Abdul Aboki said the court would later announce the date for the judgment in the appeal.

    The News Agency of Nigeria (NAN) recalls that the appeal by Ishaku followed the judgment of the Taraba Governorship Election Petition Tribunal on Nov. 7 and awarded victory to Mrs Aisha Alhassan of APC.

    Mr. Kanu Agabi (SAN), Counsel to Ishaku, raised four issues in the appeal.

    He said the petition was not accompanied by valid statements as the respondents claimed that it was the fault of the registry.

    Agabi said the respondents claimed that the election was marred with corruption yet claimed victory in the election.

    He said the respondents also pleaded that Ishaku was not sponsored by the party but later agreed that his sponsorship was not supported by any fact.

    He complained that 51 witnesses of the appellant were not reviewed by the tribunal and urged their lordships to allow the appeal.

    Mr Solo Akuma (SAN), Counsel to Peoples’ Democratic Party PDP and Mr Joseph Daudu (SAN), Counsel to INEC urged the court to allow Ishaku’s appeal.

    However, Mr Abiodun Owonikoko (SAN), Counsel to Alhassan, filed a cross appeal, saying INEC had no right to clear a candidate for election.

    He urged the court to dismiss Ishaku’s appeal and uphold the tribunal’s judgment.

     

  • Ekwunife: Okonkwo hails Appeal Court

    Ekwunife: Okonkwo hails Appeal Court

    Senator Annie Okonkwo has hailed the Court of Appeal for the sack of Senator Uche Ekwunife.

    She was representing Anambra Central Senatorial district.

    Okonkwo, in a statement yesterday, said the court’s decision vindicated his belief that Uche was not validly returned.

    The statement by Okonkwo’s media adviser, Collins Ugwu, reads: “The Court of  Appeal final verdict setting aside Uche  Ekwunife’s aberration of victory is proper, timely and natural, because the constant beam of  truth will always outshine the human burden of  lies, darkness and deceit, whether political or otherwise.

    “Uche Ekwunife, as entitled as any other aspirant in that contest, certainly was not and should not have been the flag bearer of the party in that election.

    “We are therefore aghast but not amused, that citizen Uche Ekwunife who ordinarily should be sobered by this clear constitutional declarations given the wisdom of her political experiences, appear unperturbed and unmindful of elementary party internal democracy norms as evident in her obvious contemplation to re-run in the yet to be scheduled re-election as the candidate of our party PDP.

    “The most rigorous, painful and costly processes for any senatorial zone in this country, arrived at Senator Annie Okonkwo as the most popular and validly nominated candidate of the PDP, ultimately endorsed and published as such by INEC, and expectantly wished by Anambra Central electorates to wear the victory cap, but for the reckless impunity of Aso Rock overlords then, which providence and nemesis has through our able judiciary mercifully crushed. “

  • Appeal Court sacks Akwa Ibom gov

    Appeal Court sacks Akwa Ibom gov

    •Orders fresh poll in 90 days

    •Court upholds election of Yobe’s Gaidam

    Embattled  Governor Udom Gabriel Emmanuel of Akwa Ibom State yesterday got more than he bargained for at the Court of Appeal, Abuja.

    The court  voided the April election that brought him to power  and ordered fresh poll in the state within 90 days.

    The ruling  appeared to have complicated matters for the governor who had approached the court to  with a view to setting aside the  October 21 verdict of the State Governorship Election Petition tribunal which cancelled the results of the April 11 election in 18 of the state’s 31 Local Governments  and ordered a rerun.

    The appellate court, in a unanimous decision, held that from the evidence presented by parties at the election tribunal, it was clear  that Emmanuel did not win the majority of valid votes cast during the election.

    It held that the appellant, Umana Okon Umana, the candidate of the All Proressives Congress (APC) who was the petitioner at the tribunal, effectively discharged the burden of prove placed on him under the law by establishing irregularity in the conduct of the election.

    The judgment was on an appeal by Umana against the October 21 judgment by the  State governorship election tribunal, which sat in Abuja.

    The Court of Appeal  ordered the Independent National Electoral Commission to conduct fresh election within 90 days.

    The five-man panel of the Appeal Court, held that the tribunal was in error to have validated part of the election when it agreed with the petitioners -Umana and his party, APC, that the election was marred by irregularities including over voting, improper accreditation and non-collation of votes.

    Justice Oludotun Adebola Adefope-Okojie, who read the lead judgment, noted that having established substantial non-compliance with the Electoral Act in the conduct of the election, the lower tribunal ought to have nullified the entire election held  in the state.

    The court noted there was no dispute that the votes cast during  the election  exceeded the number of accredited voters for the election.

    It added that even when the number of voters accredited with card reader was added to those captured in incident form ( where the respondents claimed card reader failed) the total was still not equal to  the over 1 million votes declared by INEC as total votes cast.

    The court noted that from INEC’s record,  437, 128 voters were accredited for the election, with the aid of card reader,  only for the commission to  declare  over 1, 222, 885 votes at the end of the election, an excess of 685, 780.

    It noted that INEC’S document, tendered, which showed over voting was not disputed by any of the parties, adding that although the respondents claimed to have resorted to manual accreditation where card reader failed, they neglected to tender incident forms to that effect before the court.

    The court said from evidence before it, including testimonies by senior citizens of the state, including a former governor,  what happened during the last election in Akwa-Ibom was condemnable and should not be allowed to repeat itself.

    Earlier, the court dismissed three appeals filed by Emmanuel and INEC. Emmanuel filed two and INEC  one.

    The first was an interlocutory appeal by Emmanuel, in which he challenged the locus standing of Umana and  the APC to challenge the outcome of the election.

    The court  held that Umana was validly nominated as candidate for the election and dismissed the appeal for lacking in merit.

    The other two were Emmanuel’s and INEC’s appeals against the October 21 judgment by the tribunal, which the appellate court also dismissed for lacking in merit.

    Another panel of the court, headed by Justice Ayo. Olukola Bada upheld the election of Governor Ibrahim Gaidam of Yobe State.

    The court upheld the judgment by the state governorship election tribunal and dismissed the appeal by the candidate of the Peoples Democratic Party (PDP) in the election, Adamu Waziri.

  • Court upholds tribunal’s verdict on Udom Emmanuel’s election

    Court upholds tribunal’s verdict on Udom Emmanuel’s election

    The Court of Appeal sitting in Abuja Friday, affirmed the election petition tribunal’s judgement on the Akwa Ibom State governorship election.

    The appellate court ordered that fresh election be conducted in 18 out of the 31 local government areas of the state.

    Details later…

  • Nullification of my election a temporary setback  –  Wike 

    Nullification of my election a temporary setback  –  Wike 

    Rivers State Governor, Nyesom Ezenwo Wike has described the nullification of his election as a temporary setback,  saying  that  God’s will and the  mandate of  the  people will prevail at the end of the day.

    Addressing thousands of Rivers State people who thronged the Port Harcourt International Airport to receive him on Thursday, Governor Wike urged the people to remain peaceful   as the state remains PDP despite the contrived situation  at present.

    He assured the people that his lawyers have already started the process of Appeal to the Supreme Court, noting that after the Supreme Court, the PDP will work with whatever judgment emanates from the apex court.

    The governor said the PDP is ready for the National Assembly elections as ordered by the Appeal Court, but warned that the people will resist any attempt by the Federal Government to use soldiers and policemen  to manipulate the elections.

    He said: “I want to warn, let nobody attempt to do what happened in Bayelsa State here. Since they said   they have annulled the elections, let them come and conduct fresh elections. Let nobody think that they can use soldiers and policemen to intimidate us. We will resist any such attempt.  We have maintained our cool for a long time.  Our calmness should not be mistaken as a sign of weakness “.

    He said that Rivers people are peace loving, but they hate injustice and intimidation.

    He advised  all PDP  members  in  the  state  to commence  unit to unit and ward to ward campaigns  for  the  National Assembly elections.

    “We shall return all our National Assembly members as a way to disgrace those who think they will snatch the mandate of the  people,” he said.

    He said that the administration  will continue  to  work for the people  of  the state and deliver good governance  and  projects  to  the  people.

    Wike  was welcomed  by the speaker  of the  Rivers State House of Assembly, members of the State Executive Council,  former National Assembly members,  PDP  leaders, Local  Government Caretaker Chairmen,  women and youth groups.

  • Appeal Court upholds Amosun’s victory

    Appeal Court upholds Amosun’s victory

    The Court of Appeal sitting in Ibadan on Thursday upheld the judgment of the Governorship Election Petition Tribunal delivered on Oct. 23 in Abeokuta which upheld the victory of Governor Ibikunle Amosun of Ogun.

    The five-man panel of the Appeal Court headed by Justice H.M Ogunjimiju unanimously upheld Amosun’s victory and dismissed the appeal filed by Mr. Adegboyega Isiaka of PDP.

    Ogunjimiju held that Mr Benjamin Ibikunle, the Principal Witness, PW9, for the appellant was not a credible witness, adding that his testimony could not be relied on by the court.

    She said that the evidence of PW9 was biased and could not be given any probative value because he informed the court that he was a member of PDP and could go to any length to ensure victory for his party.

    The judge said that the report of the witness was inconsistent and that there was no doubt that he did not take part in the inspection of the electoral materials.

    Ogunjimiju said that the witness indicated to the court that he was not an expert while his testimony indicated an opinion of an expert

    The panel said the court could not give any probative value to the testimony of the witness because he was not an expert.

    It said that only an expert opinion could be given probative value by the court, adding that the tribunal was right in dismissing the petition.

    The panel said that there was no place that the number of voters exceeded the number of those accredited and that the election complied with the provisions of the Electoral Act.

    It said that the appeal lacked merit and dismissed it while declaring Amosun as the winner of the governorship election of April 11.