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Tag: Appeal court

  • Appeal court reserves judgement in Delta guber poll

    Appeal court reserves judgement in Delta guber poll

    There was apprehension Thursday across party lines in Delta state as the Appeal Court, sitting in Benin, reserved judgement in the appeal challenging the judgement of the state’s governorship election petitions tribunal, which had in October given victory to Dr Ifeanyi Okowa of the People’s Democratic Party (PDP), as duly elected governor of the state.

    Levels of anxiety were heightened Thursday among party faithfuls of the All Progressives’ Congress (APC) and the PDP over the likely angle the pendulum of the appellate court’s decision might swing when the judgement would be delivered, considering the events that necessitated changing the judges previously handling appeal.

    It would be recalled that the governorship petitions tribunal, which sat in Asaba, had on October 26, ruled in favour of Dr Okowa, his  party, the PDP and the Independent National Electoral Commission (INEC), dismissing the petitions filed by Olorogun O’tega Emerhor, the governorship candidate of the APC.

    However, the Appeal Court in Benin, after the parties in the appeal had adopted their final addresses, in the petition with file number CA/B/EPT / 2015, filed by Chief Thomson Okpoko (SAN), counsel to Emerhor and the APC,  reserved  its judgement.

    Chairman of the five-man panel of Appeal Court Judges, Justice Uwani Abba-Aji, who presided over the sitting, stated that the date of the judgement will be communicated to the parties, while assuring them that justice will be done.

    Dissatisfied with the decision of the lower tribunal, Emerhor and his party, the APC, had approached the Appeal Court, asking the court to set-aside the judgement of the tribunal and order a rerun election in the state.

    In the 11 grounds of appeal, the appellant averred that, “the learned Justices erred in law when they failed to nullify the election due to substantial non compliance with the Electoral Act, INEC guidelines and over voting in 61 percent of the polling units in the state.”

    The appellants also alleged a resort to manual accreditation instead of the mandatory use of card readers.

    Counsel to Emerhor and the APC, Chief Okpoko (SAN) while adopting and relying on his written addresses, contended that the lower tribunal chose to ignore the preponderance of evidence before the court and urged the Appeal Court to allow the appeal and set aside the judgement of the lower tribunal and annul the election as required by law.

    He also sought the outright dismissal of the cross appeal of the respondents as lacking in merit.

    The counsels to first respondent (Okowa), Alex Iziyon (SAN); second respondent (PDP), Timothy Kehinde (SAN); and third respondent (INEC), Damian Dodo (SAN) urged the appeal court to dismiss the appeal with substantial cost against the petitioners, stating that the appeal lacks merit.

     

  • Wike heads to Supreme Court 

    Wike heads to Supreme Court 

    Rivers State Governor, Nyesom Ezenwo Wike has instructed his lawyers to appeal Wednesday’s judgment of the Court of Appeal which ordered fresh governorship election in the State.

    In a statement  issued  by Simeon Nwakaudu, Special Assistant to the Rivers State Governor on Electronic Media, Governor Wike  stated  that  he disagrees with the judgment, hence his decision  to  exhaust  his constitutional right by challenging  the Appeal Court  judgment  at the Supreme Court.

    Governor Wike called on all his supporters and the people of Rivers State to remain calm as Justice will be done at the end of day.

    He assured  the  people  of  the  state  that he will use all constitutional processes to protect the mandate they freely bestowed on him, hence his decision  to  approach the  Supreme Court for further adjudication.

    The governor  said  that he still remains  the  duly elected governor  of  Rivers State  pending the  determination  of  his appeal  by the Supreme Court.

    Governor Wike assured the people of Rivers State that all ongoing development  projects will continue  while his administration  will  continue  to  promote  the  security of lives and property  across  the  state.

  • Rivers APC dedicates Appeal Court victories to Adube family, other martyrs

    The All Progressives Congress (APC), Rivers State chapter, has dedicated its candidates’ “overwhelming” victories at the Courts of Appeal, Abuja in the past two days to the members of the family of Chief Christopher Adube, who were shot dead in their home on Good Friday, April 3, 2015 and other martyrs killed before, during and after the 2015 general elections in the state.

    Rivers APC, yesterday in Port Harcourt, through its Publicity Secretary, Chris Finebone, stated that it was noteworthy that the many victories of Friday in Abuja coincided with the burial of Adube, an APC chieftain, who was a former Chairman of Ogba/Egbema/Ndoni Local Government Area of Rivers state, but killed in his house in Obrikom in the LGA, along with three of his children, younger brother and driver.

    The Court of Appeal dispossessed the candidates of the Peoples Democratic Party (PDP) of all three “stolen” Senatorial and twelve House of Representatives’ seats from the March 28 elections, with rerun polls ordered in sixty days, from the date of judgment.

    There are thirteen House of Representatives’ seats in Rivers State, but APC’s Lucky Odili for Ogba/Egbema/Ndoni constituency, earlier lost on technical grounds of filing appeals in two different courts in Abuja and Port Harcourt, on the ruling of the election petitions tribunal in Abuja.

    The mistake made by the counsel to Odili was capitalised on by the legal team of the PDP’s candidate, Uche Nnam-Obi, the son of the paramount ruler of Ogbaland, with base in Omoku, the headquarters of Ogba/Egbema/Ndoni LGA of the state, who will represent the federal constituency till 2019.

    Nnam-Obi’s lawyers pointed out at the Court of Appeal in Abuja that Odili filed similar matter at the appelate court in Port Harcourt, which was described as an abuse of court process, with the suit struck out, making Odili’s legal team to rush back to the Court of Appeal in Port Harcourt, which could not deliver its judgment, until the expiration of the 180 days allowed by the tribunal to sit on a petition.

    The Rivers APC said: “We believe that there can be no better way to bid farewell to Chief Christopher Adube, who was interred yesterday (on Friday), than to dedicate the recovery of our stolen mandates to the ultimate sacrifice the late Chief Christopher Adube, his 3 children, younger brother and driver made, when they were murdered in one fell swoop in the late Chief’s home on Good Friday, April 3, 2015. We dedicate these victories to Police Corporal Ifeanyi Okorie, killed when the APC’s governorship campaign team was attacked at Okrika and close to 100 others killed before, during and after the 2015 elections in Rivers State.”

     

  • Appeal Court sacks all Rivers’ Senators

    Appeal Court sacks all Rivers’ Senators

    • Wike’s fate uncertain

    The Court of Appeal in Abuja, yesterday voided the elections that produced two Senators From Rivers State – Osinakachukwu Idoezu (Rivers South-West Senatorial District) and John Olaka-Nwogo (Rivers South-East).

    The court, in a judgment, held among others, that the Independent National Electoral Commission (INEC) failed, in its conduct of the elections, to comply substantially with the provisions of the Electoral Act and other guidelines for the March 28, 2015 National Assembly Election.

    The sack of Idoezu and Olaka-Nwoga yesterday brought to three the number of Senators sacked in Rivers State by the Appeal Court.

    The Court had in a judgment on Thursday evening, nullified the election of George Thompson Sekibo, representing Rivers East Senatorial District.

    The appellate court, in a judgment on an appeal by Andrew Ibonule Uchendu and his party, the APC, upheld the appeal and upturned the decision of the Rivers State National Assembly Election Petition Tribunal that sat in Abuja earlier this year.

    Also on Thursday, the court annulled the elections of Kingsley Ogundu Chindah and Blessing Nsiegbe (PDP) representing Obio/Akpo Federal Constituency and Port-Harcourt 2 Federal Constituency of Rivers State.

    The appeals, in respect of which the two judgments were given, marked CA/A/EPT/624/2015 and CA/A/EPT/625, filed by Anthony Chinedu Okocha and Collins Owhondah of the APC.

    Yesterday’s appellate court’s judgment was on the appeals by Magnus Abbe and Otelemagba Dan-Amachree (of the All Progressive Congress.

    Justice Ali Gumel, in the lead judgment, held that the conduct of the election that produced the sacked  senators failed to meet the requirement under the Electoral Act.

    The judge was specific that by the court’s finding, lawful accreditation did not take place in majority of the voting centres.

    Justice Gumel held that from the available evidence, including the ones led by INEC and the appellants, the election of March 28, 2015 in Rivers State, did not conform with set guidelines such as the use of voter card reader machines, voter register and other election guidelines.

    He noted that from available evidence, all the polling units in the two senatorial districts abandoned the use of card reader machines, thereby giving way to manipulations.

    The judge added that there was no proper accreditation of voters on election day as required by law, adding that election without accreditation, as in the instant case cannot stand in the face of the law.

    He held that an act done in contravention of the law is nothing but a nullity and illegality.

    He upheld the appeals and ordered INEC to conduct fresh elections in the affected senatorial districts within 60 days.

    With the cancellation of the three senatorial elections in Rivers, on ground of non-compliance with the Electoral Act, the fate of the state governor, Nyesom Wike, who benefited from accumulated of all elections held in the state during the governorship election, appear unclear.

    The election tribunal had, earlier this year voided Wike’s election and ordered a rerun, a decision Wike challenged.

    The case is yet to be decided by the Court of Appeal.

    The governor could still appeal to the Supreme Court should he lose at the Court of Appeal.

  • Bad day for senators, reps at Appeal Court

    Bad day for senators, reps at Appeal Court

     Some lawmakers who manipulated their way into the hallowed chambers of the National Assembly are being shown the exit by the Court of Appeal. Eric Ikhilae and Okodili Ndidi report that five lawmakers, whose elections were voided yesterday, are to run again in Rivers and Imo states. 

    SOME  lawmakers  got a piece of bad news yesterday. Two senators and two members of the House of Representatives lost their seats at the Appeal Court. All the affected lawmakers won on the platform of the Peoples Democratic Party (PDP).

    The court, which sat in Owerri, the Imo State capital and Abuja, the Federal Capital City (FCT), voided the Certificates of Return given to senators Mao Ohuabunwa (Abia North Senatorial District) and George Thompsom Sekibo (Rivers East Senatorial District). The appellate court ordered the Independent National Electoral Commission (INEC) to conduct rerun elections in the two senatorial zones.

    The Senatorial Election Petitions’ Tribunals in Imo and Rivers states had upheld the elections of Ohuanbunwa and Sekibo but unsatisfied with the verdicts, their challengers, Orji Uzor Kalu of the Progressives People’s Alliance (PPA) and Andrew Ibonule Uchendu of the All Progressives Congress (APC) approached the appellate court.

    Also to undergo bye-elections in their federal constituencies are two PDP representatives from Rivers State. The duo, whose elections were annulled are Kingsley Ogundu Chindah and Blessing Nsiegbe, representing Obio/Akpo and Port-Harcourt II respectively. APC’s Anthony Chinedu Okocha and Collins Owhondah had appealed the lower tribunals’ ruling in their petition against the declaration of Chindah and Nsiegbe as winners of the House of Representatives election on March 28.

    In Owerri  

    Deciding the appeal filed by Kalu, a former Abia State governor, the Court of Appeal set aside the judgment of the lower tribunal and ordered for a fresh election in the Abia North Senatorial District.

    In the judgment delivered by Justice I G Mbaba, the court held that there were certain documents the lower tribunal should have relied upon to decide the case which were not presented and where presented, were not stamped.

    The presiding judge noted that the election was marred by irregularities to the extent of result mutilation. With the mutilated result compromising the overall outcome, the court held that to ensure a credible and transparent election, all the parties in the election should go back to the field for a fresh poll. He therefore ordered for a rerun election within the next 90 days.

    Ndubuisi Nwosu, a lawyer from the K.C Nwufor (SAN) chambers and counsel to the petitioner, noted that the Appeal Court largely based its decision on the non-tendering of some critical documents and cases of irregularities to nullify the election.

    In his reaction, Ohuabunwa’s counsel, Mike Onyeka, expressed displeasure and disappointment with the judgment. He said: “As a person, I do not agree with the conclusion of the court here today (yesterday) but as a lawyer, I am bound by the judgment. If there was another opportunity to contest this judgment, I would have done it. In any case, this is not the worst case scenario as all the parties involved would have to go back.”

    In Abuja

    Nullifying Sekibo’s election in an appeal by Uchendu and the APC, the Court of Appeal upturned the decision of the Rivers State National Assembly Election Petition Tribunal that sat in the FCT.

    The lower tribunal, chaired by Justice Muazu Pindiga, had held that the APC candidate failed to prove his case that election did not hold as claimed by the defendants including the electoral umpire and the PDP.

    But the appellate court yesterday held that it was for the respondents – Sekibo, the PDP INEC – who claimed that election actually held, to lead evidence to prove that election held as required under the Electoral Act.

    The court, in the appeal marked: CA/A/EPT/626/2015, ordered that fresh election be held in the senatorial district.

    Sekibo led two other senators from Rivers State to present a petition before the Senate, during the ministerial screening, opposing the nomination of the ex-governor, Chibuike Rotimi Amaechi.  The former governor was eventually screened and cleared. He has been handed the Ministry of Transportation portfolio by President Muhammadu Buhari.

    The elections of Chindah and Nsiegbe were also voided by the appellate court.

    The court upheld the appeals marked: CA/A/EPT/624/2015 and CA/A/EPT/625, filed by Okocha and Owhondah of the APC.

    In the three judgments, the Justice Ali Gumel-led three man panel, upheld the appeal filed for the appellants by their lawyer, B. E. I. Nwofor (SAN).

    Others know fate today

    As at 8pm last night, the court was yet to deliver three other House of Representatives judgments scheduled to be delivered yesterday.

    They include: the appeals filed by Ogbonna Nwuke against Jerome Amadi Eke (Etche/Omuonu Federal Constituency); Maureen Tamuno against Gogo Bright Tamuno (Okrika/Ogubolu) and Frank Chudi Wihioka against Boniface Emerengwa (Ikwere/Emuoha). All three appellants in the three appeals are of the APC and the respondents are of the PDP.

    Barring the unforeseen, the court will today rule in the appeal marked: CA/A/EPT/627/2015, by Igochukwu Auma of the APC and PDP’s Ken Chikere in respect of the election in Port-Harcourt I Federal Constituency.

    Ohunabunwa and Sekibo joined the club of former Senate President David Bonaventure Mark (Benue South Senatorial District) and Senator Bashir Marafa (Taraba Central Senatorial District). Unlike Mark, who was asked by the Court of Appeal to participate in a rerun election within 90 days, the court ruled that Marafa’s Certificate of Return be transferred to his challenger as the winner of the March 28 poll.

    The Makurdi Division of the court voided Mark’s election last week and ordered INEC to conduct fresh election in the Benue South Senatorial District within 90 days.

    Mark’s victory at the March 28 senatorial election was challenged by Daniel Onjeh of the APC, who petitioned the Benue State National Assembly Election Petitions’ Tribunal and asked for the cancellation of the election and an order to conduct fresh election in the district.

    Although the Justice Mosunmola Dipeolu-led panel dismissed Onjeh’s petition on October 7   on the ground that the evidence he tendered was documentary hearsay, he approached the higher court for judicial remedy.

    On September 30, the National Assembly Elections Petitions Tribunal in Yola, the Taraba State capital, nullified Marafa’s election as the senator representing Taraba Central Senatorial District.

    The court ordered INEC to issue Certificate of Return to the APC candidate, Yusuf Abubakar, who the court said proved his appeal beyond reasonable doubt.

  • Appeal Court affirms Saraki’s election

    Appeal Court affirms Saraki’s election

    The Appeal Court in Ilorin yesterday upheld the election of Senate President Bukola Saraki as the lawmaker representing Kwara Central.

    It said he was duly elected during the March 28 National Assembly elections.

    The Peoples Democratic Party’s (PDP’s) candidate, Alhaji AbdulRahman AbdulRasaq, had challenged Saraki’s election at the election petitions tribunal, but lost, as the tribunal affirmed Saraki’s election.

    Dissatisfied, he took his case to the Appeal Court.

    Justice J.S. Ikyegh held that there was no basis for the appeal.

    He said the appellant did not prove the case beyond reasonable doubt.

    Kwara State Governor Abdulfatah Ahmed described the judgment as a judicial affirmation of the love Kwarans, over the years, had for the Senate president.

    Ahmed, in a statement by his Chief Press Secretary, Alhaji Abdulwahab Oba, said the judgment was a testimony that the judiciary remained the fair and just arbiter as well as the hope of citizens.

     

     

  • Appeal Court, reserves judgment in Ladoja/Ajimobi dispute

    Appeal Court, reserves judgment in Ladoja/Ajimobi dispute

    THE Court of Appeal in Ibadan, Oyo State, yesterday, adopted briefs by Robert Clark and Aderemi Olatubora, counsel to Senator Rashidi Ladoja and Accord.

    Ladoja is challenging the victory of Governor Abiola Ajimobi of the All Progressives Congress (APC).

    The court reserved ruling on the two appeals.

    Ladoja and Accord are challenging the October 27 judgment delivered by a three- man Election Petition Tribunal, led by Justice Muhammed Maiyaki.

    The over five-hour sitting was presided over by Justice H.M. Ogunjimiju and four others; Justices H.S. Tsammani, Uchechukwu Oyemenam, J.O.K Oyewole and M.L. Shuaibu.

    The attorneys were given 15 minutes each to argue their briefs.

    In his brief, Clark prayed the court to dismiss the tribunal’s judgment because “the lower court excluded the evidence of the principal witness”.

    He told the court that the tribunal excluded the evidence of Bimbo Adepoju (PW1), which was vital to the petition.

    Clark added that PW1 tendered 129 exhibits within five days, which was not objected to by the respondents’ counsel, wondering why evidences provided by PW1 was not catered for in the judgment.

    The counsel said the tribunal was wrong to state that the documents were merely dumped on the court and that PW1 was not an expert.

    He cited many Appeal Court judgments, which never stated that one should be an expert before inspecting electoral materials.

    Clark argued that PW1 had a Master’s degree in Statistics contrary to the judgment, which referred to him as a farmer.

    He urged the court to dismiss the tribunal’s judgment.

    But Ajimobi’s counsel Wole Olanipekun maintained that Adepoju’s evidence was irrelevant, noting that he gave contradictory evidence during cross examination, an area which the appellant failed to appeal against.

    He noted that PW1 was, however, not the leader of the team that inspected the materials.

    Olanipekun prayed that the application brought before the court to substitute the name of the leader of the team that inspected electoral materials be struck out.

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

    He also moved against re-arranging and change of parties by the appellants during the proceedings.

    In their separate submissions, counsel to APC and INEC Rotimi Akeredolu and Yusuf Ali aligned with Olanipekun’s submission.

    Akeredolu said: “All what we want is that the appeal should not be granted. We (counsel to respondents) are saying don’t grant the appeal.”

    Olatubora  said his client (Senator Rashidi Ladoja) prayed to be declared  the governor of Oyo State.

    He said: “This court of appeal should re-evaluate the documentary evidence placed before the lower tribunal, which it failed in its duty to evaluate.

    “We are asking the court to re-evaluate those documents or re-evaluate the evidence before the lower tribunal and allow the appeal to set aside the decision of the lower tribunal and declare Ladoja the winner.”

    The court, thereafter, informed the counsel that it would communicate the date of ruling to them.

  • Appeal Court reserves judgment in Rivers governorship poll

    The Court of Appeal, Abuja, yesterday reserved judgment in an appeal filed by Rivers State Governor Nyesom Wike, challenging his removal by the Election Petitions Tribunal for the state.

    The Court of Appeal’s panel, presided over by Justice Dongban Memsem, held that it would communicate the judgment date to parties in the matter.

    She said: “Ruling on motions raised by the parties and judgment is hereby reserved. The date will be communicated to parties.”

    Wike’s lawyer Emmanuel Ukala (SAN) adopted his written address and asked the court to grant the appeal.

    He urged the court to upturn the decision of the Suleiman Ambursa-led tribunal, which nullified the election of his client and ordered the Independent National Electoral Commission (INEC) to conduct a rerun within 90 days.

    Ukala argued that the tribunal erred in law in its decision and failed to give his client fair hearing.

    He said: “Some motions we raised were never considered by the tribunal before it gave judgment. The failure to give fair hearing to our client rendered the process at the tribunal a nullity.

    “We urged the court to allow the appeal  and dismiss the objections raised by the respondents.”

    Chief Wole Olanipekun (SAN), who represented the Peoples Democratic Party (PDP), urged the court to uphold the appeal in the interest of justice.

    Counsel to Dakuku Peterside, the candidate of the All Progressives Congress (APC) in the election, asked the court to dismiss the appeal.

    The tribunal nullified Wike’s election, following the petition filed by Peterside.

    Chief Akinlolu Olujimi (SAN), counsel to Peterside, argued that most issues raised in the appeal did not emanate from the judgment of the tribunal.

    He urged the court to examine issues raised at the tribunal and flow from the tribunal’s decision.

    Also, counsel to APC, Yusuf Ali (SAN), urged the court to dismiss the appeal for lack of merit.

     

     

  • Appeal Court reserves judgment in Rivers guber poll

    Appeal Court reserves judgment in Rivers guber poll

    The Court of Appeal, Abuja on Thursday reserved judgment in an appeal filed by Governor Nyesom Wike of Rivers challenging his removal by the election petitions tribunal for the state.

    The court of appeal panel presided over by Justice Dongban Memsem held that it would communicate the judgment date to parties in the appeal.

    “Ruling on all motions raised by the parties and judgment is hereby reserved. The date will be communicated to all parties,’’ she said.

    Earlier, Wike’s lawyer, Emmanuel Ukala (SAN) had adopted his written address and asked the court to grant the appeal.

    He urged the court to upturn the decision of the Suleiman Ambursa’s led tribunal which nullified the election of his client and ordered INEC to conduct a re-run election within 90 days.

    Ukala argued that the tribunal erred in law in its decision and also failed to give his client fair hearing.

    “Some of the motion we raised were never considered by the tribunal before it gave its judgment.

    “The failure to give fair hearing to our client rendered the entire process at the tribunal a nullity.

    “We urged the court to allow the appeal in its entirety and dismiss the objections raised by the respondents,’’ he said.

    Chief Wole Olanipekun (SAN) who represented the Peoples Democratic Party urged the court to uphold the appeal in the interest of justice.

    Counsel to Dakuku Peterside, the candidate of the All Progressives Congress (APC) in the election, however, asked the court to dismiss the appeal.

    It will be recalled that the tribunal had nullified Wike’s election following the petition filed by Peterside.

    Chief Akinlolu Olujimi (SAN), counsel to Peterside argued that most of the issues raised in the appeal did not emanate from the judgment of the tribunal.

    He urged the court to look into the issues raised at the tribunal and flow from the tribunal’s decision.

    Speaking in the same vein, counsel to APC, Yusuf Ali (SAN) urged the court to dismiss the appeal for lacking in merit.

  • Kashamu: Centre advises Appeal Court President

    Kashamu: Centre advises Appeal Court President

    An Abuja based non-governmental organisation, Centre for Credible Representation (CCR), has  urged the President of the Court of Appeal, Justice Zainab Bulkachuwa, to defend the judiciary against blackmail.

    In a letter dated November 30 by its Chairman, Comrade Akinloye Olusegun Oyeniyi, the Centre described Kashamu as “a serial petitioner, who has no qualms about contriving lies just to bulldoze his way”.

    The group described Kashamu’s petition against the Election Petition Appeal panel sitting in Ibadan, as a mere rehash of “his wishy-washy appeal”.

    “We invite your Lordship to look into your archives. Kashamu is a serial petitioner, especially when he is losing out. He would gladly accuse even the Pope of partiality if the sacrament cup is given to anyone but him. He has consistently manipulated the judicial system albeit to his advantage because no one has the determination to call him a fraud that he is. Clearly, his tactic is to cow and blackmail everyone to submission. But this time he has failed as he is fighting a lost battle. “In 2011, Kashamu, out of his usual desperation, wrote a petition against the Court of Appeal panel presided over by Hon. Justice Aminat Adamu Augie, alleging, in his characteristics pattern, that the panel sitting over an appeal arising from a controversial judgement of Justice Charle Efanga Archibong of the Federal High Court Lagos, has been bought.

    “What kind of Justice does this man want? Justices dictated by him? CRR therefore called on the President of the Court of Appeal to rise up and defend the sanctity of the judiciary as Kashamu must not be allowed to continuously drag the name of the judiciary in the mud.”