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Tag: Appeal court

  • Appeal Court sacks 2 senators, 8 reps

    Appeal Court sacks 2 senators, 8 reps

    The Court of Appeal, Abuja yesterday resolved the lingering dispute over the last legislative elections in Katsina State.

    The court, in a unanimous judgment, affirmed an earlier judgment of a Federal High Court, Abuja which voided the withdrawal of certificate of returns issued to 10 Katsina lawmakers by the Independent National Electoral Commission (INEC).

    INEC had, shortly after the last general election in 2011, withdrawn the certificates of return issued to 10 members of the Congress of Progressive Change (CPC) in Katsina State.

    The commission later handed the certificates to another set of 10 members of the same party in December 2011.

    Members of the latter set were sworn in and were accepted by the leadership of the National Assembly.

    Those from whom INEC withdrew the certificates of return include Abdu Umar Yandoma and Ahmad Sani Stores (elected as senators) and Murtala Isa, Muntari Dandutse, Musa Salisu, Aminu Ashiru, Umar Adamu Katsayal, Muhammad Tukur, Tasi’u Doguro and Abdu Dankama (elected as members of the House of Representatives).

    Those to whom INEC handed the certificates of return include Abubakar Yar’adua and Hadi Sirika (as senators) and Ahmed Babba Kaita, Salisu Salisco, Umar Abubakar, Salisu Daura, Isa Doro, Sani Mashi, Abbas Machika and Dr Mansur Funtua (as reps).

    In the lead judgment read yesterday by Justice Jimi Olukayode Baba, the appellate court held that the leadership of the National Assembly acted in error by accepting to swear in the latter set of lawmakers issued certificates of return by INEC after it withdrew them form the first group it had issued the certificates

    The court further held that the High Court was right to dismiss the objection raised by the appellants (the lawmakers issued with the certificates of return).

    “There is no court of competent jurisdiction that declared the appellant as winner in the election.

    “The respondents (those whose certificate of returns were withdrawn) were duly sworn in and I am of the view that the court below has the powers to entertain the case of the respondent.

    “The certificates of return issued to the appellants is a nullity. The court below was right in dismissing the objection of the appellants. INEC issued the certificates of return without any order from any court or tribunal.”

    The aggrieved group had gone before the Federal High Court, Abuja to challenge INEC’s unilateral withrawal of the certificates of return earlier issued to them.

    The Federal High Court, in its judgment, voided INEC’s action, which was not based on any order of a competent court.

    The group that benefited from INEC’s alleged unlawful act appealed the High Court’s decision, an appeal on which the appellate court decided yesterday.

    In a separate judgment yesterday, the appellate court upheld the election of a senator elected on the platform of the Peoples Democratic Party (PDP) for Plateau North Senatorial District, Gyang Pwajok.

    The court, in the judgment read by Justice Oyebisi Omoleye, held that appeal against the election of the appellant by the defunct Congress for Progressive Change (CPC) had become an academic exercise in view of the fact that CPC was no longer in existence.

  • Appeal Court declares Nwoye Anambra PDP candidate

    There was another twist to the Anambra Peoples Democratic Party (PDP) crisis with yesterday’s declaration of Tony Nwoye as the party’s standard bearer in the November 16 governorship election.

    The three-man Court of Appeal panel sitting in Port Harcourt, the Rivers State capital, in the 30 minutes judgment read by Justice Ejimbi Eko, upturned the judgment of Justice Suleiman Aliyu of a Federal High Court also in Port Harcourt. That judgment recognised Nicholas Ukachukwu as the candidate.

    It was on that basis that the Independent National Electoral Commission (INEC) recognised Ukachukwu when it released the list of candidates.

    The panel held that the Federal High court in Port Harcourt lacks the jurisdiction to adjudicate on the matter and enter judgment on it.

    Two parallel primary elections were held by faction chairmen of the party in the state, Ejike Oguebego and Ken Emeakanye on August 24.

    Oguebego faction produced Senator Andy Uba as candidate while Nwoye emerged as flagbeare of the Emeakayi group.

  • Why Justice Salami’s valedictory service was delayed – Court

    Why Justice Salami’s valedictory service was delayed – Court

    The Court of Appeal has explained why it was yet to hold the customary valedictory service for its retired President, Justice Isa Ayo Salami.

    The explanation came in the wake of speculation that the court’s leadership was in a quandary as to whether such event should be held for Justice Salami or not in view of the circumstances leading to his retirement.

    Justice Salami, who formally bowed out of office having attained the mandatory retirement age on October 15, was suspended by President Goodluck Jonathan, upon a recommendation by the National Judicial Council (NJC) on August 8, 2011, following a disagreement with then Chief Justice of Nigeria, Justice Alloysius Katsina-Alu.

    Although the NJC later recommended his recall on May 10, 2012 President Jonathan refused to act on the recommendation until Justice Salami attained his retirement age.

    Customarily, it was the tradition of the Court of Appeal to either organise a valedictory court service for its retired Justice immediately he/she retired or make public its plans to do so later.

    The court’s silence on the issue a week after Justice Salami retired fueled speculation that the court’s management was unsure of how to handle the matter.

    When The Nation visited the court’s headquarters on Monday, Justice Salami’s picture, placed alongside that of President Jonathan, on the entrance to the ceremonial court, has been removed.

    A spokesperson of the court, Isa Shuaibu Musa, denied that there was anything unusual.

    Musa, who is the Personal Assistant to the court’s Chief Registrar, said the delay resulted partly from the fact that the day Justice Salami formally vacated the court’s service was a public holiday.

    “There is nothing unusual about the delay. It has not always been the practice that we hold a valedictory service immediately any Justice retires. We have to plan and agree on a convenient date.

    “It is only after that, that we can then send out invitation. There is no way the media will not be aware of such arrangement. You know we are just back from the Sallah holiday. We will surely hold the ceremony anytime soon,” Musa said.

     

  • Appeal Court sacks Obong of Calabar

    OBONG of Calabar Edidem Ekpo Okon Abasi Otu V lost his stool yesterday. The process that enthroned him as the Calabar monarch was nullified by the Court of Appeal sitting in the Cross River State capital.

    The court also ordered that a fresh selecting process that accommodates the participation of all qualified applicants, including Otu, be conducted.

    It is in line with the principle of natural justice, the appellate court held.

    Yesterday’s development was the latest episode in the litigation crisis that has plagued the stool since 2008, when a contender to the Obongship stool, Etubom Anthony Ani, approached the court to seek redress.

    Ani felt he was wrongfully disqualified from the selection that brought Otu to the throne.

    Ruling on January 30, 2012 in suit No. HC/102/2008, brought by Ani, Justice Obojor Ogar of a Calabar High Court voided the process that brought Otu to the throne.

    Justice Ogar called for another selection.

    The conclave of Etuboms, chaired by Etubom Cobham Mkpang Boco, in early February 2012, organised a fresh selection process for Otu and Ani and Otu emerged amidst controversies.

    The decision of the Calabar High Court was appealed by one Etubom Essien Ekpenyong Efiok and two others in a case with Suit No: CA/C/97/2012 in which Otu was joined as the 6th respondent.

  • Appeal Court to hear Ondo ACN’s suit June 25

    Appeal Court to hear Ondo ACN’s suit June 25

    The Court of Appeal sitting in Akure will on Tuesday hear the suit filed by the Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election in Ondo State, Mr. Oluwarotimi Akeredolu (SAN).

    ACN and Akeredolu are challenging the judgment of the Governorship Election Petition Tribunal, which declared Dr. Olusegun Mimiko winner of the election.

    Their counsel, Mr. Titiloye Charles, said he received a notice that the case would be heard on Tuesday.

    The appellants said the tribunal “caused a miscarriage of justice” when it rejected their expert’s evidence, which it admitted earlier.

    They said the tribunal did not properly evaluate the evidence of their 41 witnesses, which were not challenged by the respondents.

    The appellants said even though their evidence of irregularities and non-accreditation of voters were corroborated on cross-examination by Mimiko’s 14 witnesses, the tribunal ruled that it lacked sufficient evidence to cancel the election.

    They said despite proof of illegal injection of names into the 2012 voters’ register, the panel refused to void the “compromised register” on the grounds that it lacked jurisdiction to adjudicate on the matter.

    They said “Section 131(5) of the Electoral Act”, which the tribunal relied upon to decline jurisdiction, does not exist.

    The appellants alleged that the judgment was full of inconsistencies, saying in one part, the tribunal ruled that the 118 documentary evidence tendered by ACN were demonstrated before the tribunal, and in another part, it ruled that they were not demonstrated but dumped on the tribunal, thus appropriating and reprobating its judgment.

    They said what was in contention was irregularity and non-compliance with the Electoral Act, not the allegation of crime as ruled by the tribunal.

    The appellants urged the Court of Appeal to order a fresh election, since the respondents failed to defend the allegations of corrupt practices and non-compliance with the Electoral Act.

    The first respondent (Mimiko) is challenging the Court of Appeal’s jurisdiction to hear the ACN’s appeal.

    He said some grounds of the appeal were argumentative, repetitive and without particulars.

    Mimiko is praying the Court of Appeal to strike out the ACN’s appeal. The Labour Party (LP) and the Independent National Electoral Commission (INEC), who are co-respondents, have filed their briefs.

    All the briefs of argument have been fixed for adoption on Tuesday.

    The 60-day duration the Court of Appeal has to decide on the appeal and give its judgment will lapse on July 1.

  • Appeal Court rules on Ondo ACN’s petition today

    The Court of Appeal sitting in Akure, the Ondo State capital, will today rule on the appeal filed by the Action Congress of Nigeria (ACN) and its candidate in last October’s governorship election.

    The ACN candidate, Mr. Rotimi Akeredolu (SAN), and his party appealed the dismissal of some parts of their petition by the Election Petition Tribunal during the pre-hearing session.

    The tribunal struck out some paragraphs of the petition on the grounds that they were “general allegations”.

    It ruled that since the Peoples Democratic Party (PDP) won in Okitipupa Local Government, ACN cannot sue the Labour Party (LP) and the Independent National Electoral Commission (INEC) for the result declared in the council.

    ACN said the fact that PDP won in an area does not deny it the right to challenge the “irregularity” that characterised the election and the “manipulation” of the voters’ register in all local governments in the state.

    ACN urged the court to invalidate the reply to its petition by Governor Olusegun Mimiko’s counsel, Prof. O. Egbewole, who is an employee of the University of Ilorin (UNILORIN).

    It said as a public officer, Egbewole cannot defend Mimiko at the tribunal.

    ACN argued that all documents signed by Egbewole on behalf of Mimiko at the tribunal are illegal.

    One of the party’s counsel, Akin Olujimi (SAN), told the Appeal Court that the tribunal’s decision that no court except the Code of Conduct Tribunal can sanction public officers, who contravene the constitution, has been overruled by recent court decisions.

    ACN said the tribunal breached the principle of consolidation when it dismissed two of the four petitions before it, filed by the Accord candidate and the Congress for Progressive Change (CPC).

    The party and Akeredolu urged the Appeal Court to reverse the decision of the Justice Andover Kaka’n-led tribunal.

    The Accord candidate, Mr. Olawale Ojo James, is praying the Court of Appeal to rule in his favour based on INEC’s admission that it excluded him from participating in the election.

    He urged the court to set aside the dismissal of his petition and order a retrial.

  • Appeal Court upholds Rev King’s death sentence

    Appeal Court upholds Rev King’s death sentence

    The Court of Appeal, Lagos, on Friday upheld the judgment of a Lagos High Court which convicted the General Overseer, Christian Praying Assembly, Chukwuemeka Ezeugo and sentenced him to death.

    The News Agency of Nigeria recalls that Ezeugo, popularly known as Rev. King, who was charged with six-counts bordering on attempted murder and murder, was convicted by Justice Joseph Oyewole on January 11, 2007.

    Oyewole sentenced Ezeugo to death by hanging, for the murder of a church member, Ann Uzoh.

    Ezeugo was said to have poured petrol on the deceased for an offence which he classified as “acts of fornication,” and set her ablaze.

    The convict, through his counsel, Mr. Olalekan Ojo, had, however, filed an appeal on November 5, 2012 raising a plethora of issues for determination and urging the court to upturn the verdict of the lower court.

    Justice Fatima Akinbami, in a lead judgment at the appellate court, held that all issues raised by Ezeugo in his appeal, failed.

    “This appeal is devoid of any basis and accordingly fails.

    “The judgment of the High Court is hereby affirmed, and the conviction imposed on the appellant, is also affirmed” Akinbami ruled.

    She said that the prosecution proved its case beyond reasonable doubt and faulted an alibi raised by Ojo that the appellant was not at the scene of the offence.

    According to her, the evidence of some prosecution witnesses pinned the appellant to the scene of the offence, throwing out arguments by Ojo that the evidence was tainted.

    Akinbami said that even the evidence of a tainted witness is admissible, once it is material to the case, noting that all evidence adduced by the prosecution witnesses were unanimous.

    She said that they all pointed to the fact that the appellant actually used matches and petrol to set the deceased ablaze.

    “Each of the prosecution witnesses gave evidence as to how the victim was beaten and burnt by the appellant.

    “To my mind, there is no contradiction whatsoever and even if there were, it is immaterial, since all the witnesses were unanimous,” she said.

    According to Akinbami, the evidence of some doctors also showed that the deceased died as a result of the burns.

    She held that the trial judge was at liberty to write his judgment in his own style, provided it sets out the issue for determination, shows a clear understanding of the facts as stated and arrives at a logical conclusion.

    The judge condemned the attitude of some pastors toward their congregation, noting that the circumstances surrounding the death of the deceased were rather bizarre.

     

  • Appeal court throws out Airhiavbere’s appeals

    Appeal court throws out Airhiavbere’s appeals

    Two appeals filed by Major-General Charles Airhiavbere against two rulings of the lower tribunal were on Thursday thrown out for lack of merit by the Court of Appeal.

    Airhiavbere, who was the candidate of the Peoples Democratic Party in the July 14 governorship election in Edo State, is challenging the outcome of the election based on alleged malpractices.

    He is also challenging the academic qualification of Governor Adams Oshiomhole.

    The lower tribunal headed by Justice Suleiman Ambrusa had ruled that Airhiavbere could not call additional 17 additional witnesses not listed among the 31 witnesses in the main petition.

    Justice Ambrusa also struck out some paragraphs in Airhiavbere’s reply to Governor Oshiomhole’s submission to the petition.

    Delivering judgment on whether Airhiavbere could all additional witnesses, the three-man panel headed by Justice George Shoremi held that failure by the petitioner to list the witnesses alongside the main petition “added poverty to the petition.”

    The court said the complaint of lack of fair hearing by the petitioner was faulty and lacking in merit.

    It therefore upheld the ruling of the lower tribunal.

    Giving a second judgment, the court held that issues raised by Airhiavbere in his reply were new and fresh issues not contained in the main petition.

    The court ruled that bringing in such issues would take the respondents by surprise and would not give them time to respond.

     

  • Senate asks CJN to swear in dropped A/ Court nominee

    Senate asks CJN to swear in dropped A/ Court nominee

    The Senate on Wednesday called on the Chief Justice of Nigeria, Justice Maryam Muktar, to swear in Justice Ifeoma Jombo-Ofo as a judge of the Court of Appeal forthwith.

    Jombo-Ofo was dropped from the list of judges sworn in by the CJN on Monday on the grounds that she was not from Abia State even though she is married to a man from that state.

    The Senate’s resolution followed a motion by the Deputy Senate President, Senator Ike Ekweremadu.

    He said that Jombo-Ofo was nominated a judge of the Court of Appeal by the National Judicial Council (NJC) having gone through the due process.

    Ekweremadu noted that Muktar, who refused to administer the oath of office on Jombo-Ofo, was the same person who presided over the processes that cleared her.

    He said it was surprising that Jombo-Ofo was denied the oath even though the 11 other judges were sworn in.

    “The practical implication of the decision of the CJN is that Nigerian women have lost all they have struggled for over the years and Nigeria will be taken 100 years back.

    “It also shows that once a woman is married outside her community, local government area or state, she cannot aspire to any position (appointive or elective) in her husband’s community.

    “It is also very unlikely that she will secure such position in her place of origin since she has been married out,” the News Agency of Nigeria quoted Ekweremadu as saying on the issue.

    In his contribution, the Leader of the Senate, Sen. Victor Ndoma-Egba, noted that this was a bad development for women, particularly at a time when a woman was the CJN.

    According to Ndoma-Egba, the implication of this is that rather than being on the part of progress, the country is retrogressing.

    “Once upon a time in this nation, we had Kalu Anya as the Chief Judge of Borno State, a Yoruba man was Attorney- General of Borno and the then Secretary to the State Government was also a non-indigene.

    “Today, three decades after, we are being told that an Igbo woman will not have opportunity in another part of Igbo land. I think we are retrogressing,’’ Ndoma- Egba said.

     

  • ACN chair challenges tribunal’s verdict at Appeal Court

    The Action Congress of Nigeria (ACN) Chairman in Offa Local Government Area of Kwara State, Prince Saheed Popoola, has challenged the nullification of his verdict by the local government election petition tribunal at the Appeal Court.

    The tribunal last month nullified the result of the local government by-election conducted in January last year in Offa. It ordered a fresh poll in the council within 120 days.

    Dissatisfied, the chairmanship candidate of the Peoples Democratic Party (PDP) in the election, Abdulwaheed S. Olanipekun, approached the tribunal for rectification.

    In his appeal, Prince Popoola, through his counsel, H.O. Buhari, prayed the appellate court to set aside the decision of the lower tribunal.

    He also urged the court to “dismiss the petition of the petitioners or in the alternative order a retrial of the petition before another local government election tribunal.”

    The appellants argued that “the tribunal erred in law when it held that; ‘in view of the fact that Section 20 of the Electoral Law is inconsistent with Section 30 of the Electoral Act, 2010 (as amended), Section 20 of the electoral law is null and void and we so declare.’”

    His words: “The petitioner never made conflict between the Kwara State Electoral Law and the Electoral Act on issue before the tribunal; the parties never joined issues on what constitutes a valid length of notice. The tribunal raised the issue of conflict between the state local government electoral law and the Electoral Act in its judgment.

    “The tribunal did not invite counsel to address on it. The tribunal erred in law when it held ‘inconsequence, that the rerun election into Offa Local Government held on January 12 last year is invalid, unconstitutional, null and void and the election is accordingly nullified.’

    “The tribunal based its judgment on an already repealed law. Section 20 of the Kwara State Local Government Electoral Act, 2004 has since been repealed and amended by the state local government electoral (amendment) law 2010.

    “The tribunal erred in law, when it held that; ‘the 14 days notice provided by Section 20 of the Electoral law by virtue of which the rerun election of January 12 was conducted is grossly inadequate as against the 90 days provided by the Electoral Act, 2010. The election of January 12 was a by-election and not a fresh election.

    “The phrase ‘rerun’ is unknown to the local government electoral law of Kwara State.”