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Tag: Appeal court

  • Appeal Court judgment: We’re not planning any protest, say traders

    Appeal Court judgment: We’re not planning any protest, say traders

    Members of the Kano State Traders Association yesterday dismissed rumours that they plan to stage protests against the Appeal Court judgment that voided Governor Abba Yusuf’s election.

    Their position was contained in a statement by the association’s Secretary, Usman Nagoda, in Kano.

    Read Also: Bianca carpets Igbo leaders for abandoning Ojukwu’s legacies

    Calling on members of the association in all markets in the state not to join any protest, Nagoda stated that no sensible trader would participate in any protest, knowing that such gatherings had been prohibited.

    The statement reads: “Protest has never been a good decision as it could culminate to violence and destruction of lives and property. Therefore, we are not party to any plan to stage protest against the Appeal Court judgment.”

  • JUST IN: Appeal Court affirms Uba Sani’s election as Kaduna Gov

    JUST IN: Appeal Court affirms Uba Sani’s election as Kaduna Gov

    The Court of Appeal in Abuja has set aside the September 28 judgment of the election petiton tribunal which declared the last governorship election in Kaduna State inconclusive.

    In a unanimous judgment on Friday, a three-member panel of the court held that, as against the finding of the tribunal, the election was conclusive and won by the All Progressives Congress (APC) whose candidate was Uba Sani.

    Read Also: Tinubu wades into Akeredolu, Aiyedatiwa’s feud

    The court held that there was no basis for the tribunal to have ordered the conduct of supplementary election in 22 polling units in seven wards in four Local Government Areas in Kaduna State.

    Details shortly…

  • Appeal Court voids tribunal verdict sacking Sule, affirms Otu, Yahaya

    Appeal Court voids tribunal verdict sacking Sule, affirms Otu, Yahaya

    The flurry of governorship election judgments by the Court of Appeal continued yesterday.

    In Abuja, the court reversed the decision of the Nasarawa State Governorship Election Petition Tribunal sacking Governor Abdullahi Sule of the All Progressives Congress (APC).

    Also yesterday, the appellate court affirmed the election of the Gombe State Governor Inuwa Yahaya and his Cross River counterpart, Bassey Otu.

    Today, the Court of Appeal will deliver judgments on the Kaduna and Ogun governorship polls.

    In the Sule verdict, a three-member panel held that the tribunal was wrong to have refused to determine the legal issues identified in the objection by the APC and Sule.

    Both challenged the tribunal’s jurisdiction to hear the petition by the Peoples Democratic Party (PDP) and its candidate, David Ombugadu.

    The Appeal Court held that the petitioners failed to prove their allegations of over-voting and non-compliance with the Electoral Act.

    In the lead judgment, Justice Uchechukwu Onyemenam faulted the tribunal for not determining the issue of jurisdiction and the competence of the petition.

    Justice Onyemenam held that the tribunal was bound to consider the preliminary objection and resolve the issue of law raised, particularly as it touched on its jurisdiction.

    She added: “The preliminary objection was properly raised and ought to have been determined one way or the other.

    “The ruling on the preliminary objection by the tribunal did not determine the issues of law and facts raised.

    “The tribunal was in error by failing to determine the issue of law. The decision of the tribunal is a nullity.”

    Read Also: Kano Gov Yusuf faults Appeal Court’s recall of CTCs of defective judgment

    Justice Onyemenam expunged from the court’s record the evidence of eight of the 22 witnesses called by the PDP and Ombugadu and the documents tendered through them.

    It was on the grounds that their written statements on oath were not filed along with the petition as required.

    She noted that without the evidence of the eight petitioners’ witnesses (PW 5, 6, 7, 8, 12, 13, 20 and 21), the evidence led through the remaining witnesses was insufficient to sustain the tribunal’s judgment.

    The judge held that the tribunal was wrong not to have expunged the statements on oath of witnesses that were not front-loaded Justice Onyemenam also held that the tribunal was wrong to have deducted 1,868 votes from the scores of the appellants (APC and Sule) when the petitioners failed to prove their over-voting claim.

    She held that the tribunal was wrong to have granted the reliefs sought by the petitioners at the tribunal when the petitioners did not prove their case of over-voting.

    The justice also faulted the tribunal for dismissing the evidence of some of the witnesses called by the APC and Sule by holding that they were not witnesses of truth without giving reasons for rejecting the evidence of the respondents’ witnesses.

    She, however, faulted the appellants’ contention that the judgment of the tribunal was a nullity because it was delivered virtually.

    “The fact that the judgment was delivered virtually did not make the decision of the trial tribunal a nullity.

    “The appellants did not show that the mode of delivery of the judgment occasioned a miscarriage of justice in any way,” the Justice held.

    Justice Onyemenam allowed the appeal and set aside the tribunal’s judgment and the consequential orders made.

    Former APC National Chairman, Abdullahi Adamu; former Governor Umaru Al-Makura and former Minister of Information Labaran Maku were in court to observe proceedings.

    Yahaya’s election upheld

    In two other judgments, another panel of the court, headed by Justice Theresa Orji-Abadua, affirmed Governor Yahaya’s election as Gombe helmsman.

    In the lead judgment in the appeal marked CA/G/EP/GOV/GM/11/2023 by the PDP and its governorship candidate Jibrin Mohammed Barde, Justice Orji-Abadua found that the appeal was without merit.

    Justice Orji-Abadua held that the petitioners failed to prove their allegations of non-qualification, supplying of false information and certificate forgery raised in the petition were not proved.

    She dismissed the appeal and affirmed the judgment of the trial tribunal.

    Justice F. A. Ojo, in the second judgment, dismissed the appeal by the African Democratic Congress (ADC) and its candidate in the March 18 governorship election, Nafiu Bala.

    Justice Ojo held that the appeal was without merit and affirmed the tribunal’s judgment.

    Sule to opponents: work with me

    Governor Sule urged Umbugadu and his supporters to join him in building a new Nasarawa if he sincerely loves the state.

    Sule said: “I congratulate our opponents for their doggedness. They have done their best, but their best has come to a point where it is at this movement.

    “So, I want to call on them, that if they truly love Nasarawa, this is the time for them to come and partner with us, because they can see clearly that we mean well for the state, they can see clearly that our plan and wisdom has nothing to do with ethnicity and religion.”

    Cross River PDP heads for Supreme Court

    The PDP in Cross River said it would appeal the decision that affirmed Otu’s victory in the March 18 governorship election in the state.

    Its Publicity Secretary, Mr Mike Ojisi, urged supporters in a statement to remain calm while the litigation process is concluded.

    “While we are saddened by this temporary setback, we are, however, glad that there is still room at the Supreme Court and this is the beauty of our judicial system and democracy.

    “We kindly appeal to our teeming supporters and party faithful to remain calm, as we are still committed to seeking legal opinions and exhausting all legal means toward reclaiming our mandate,” he said.

    Otu: let’s move state forward

     Otu said that he believed the people gave him their mandate.

    He said it was time for all, irrespective of political party affiliations, to join hands with him to move the state forward.

    The governor said the affirmation of his victory had given him an added impetus to serve the state and move it forward with his ‘People First’ agenda.

    “The ruling of the Court of Appeal is a welcome development and it affirms that the people overwhelmingly voted us in on March 18, 2023.

    “This judgment should bring an end to litigation on the outcome of the governorship election.

    “For those in the opposition, especially my brother, Prof. Sandy Onor, I once again offer you a hand of friendship.

    “Come and join my administration so that together, we can move our state forward and bring about dividends of democracy.

    “My administration is fully re-energised to deliver on the ‘People First’ mandate, which is on track to reposition our state for effective and responsive governance,” he said.

    Otu solicited the support and patience of the people of the state, as his administration had continued to navigate the challenging times toward achieving the Cross River of his dream.

    “Let me reassure all our citizens that we are working round the clock to ensure that we deliver the best governance to our people.

    “It is important also to note that reparations are in top gear for a robust and successful Calabar festival, while we continue to address other socio-economic and developmental issues,” he said, according to the News Agency of Nigeria (NAN).

  • Kano governor rejects Appeal Court’s recall of defective CTC

    Kano governor rejects Appeal Court’s recall of defective CTC

    Kano State Governor Kabir Yusuf has faulted the request by the Court of Appeal that parties in the dispute over the last governorship poll in the state return the Certified True Copies (CTC) of the court’s decision handed to them on November 21.

    Yusuf and his New Nigeria Peoples Party (NNPP) have continued to question the court’s true intention since the release of the CTC of the judgment, which contained discrepancies, particularly on page 67.

    In a letter dated yesterday by his lawyer, Chief Wole Olanipekun, (SAN), the governor argued, that the Court of Appeal no longer has the power to act on the judgment since the 60 days, within which it is allowed to determine election appeals under Section 285(7) of the Constitution, expired on November 18.

    The governor said that only the Supreme Court now has the powers to decide on what to do with the judgment.

    The Court of Appeal, in its letter, dated November 22, signed by Mrs. Amina Ibrahim (Deputy Chief Registrar) requested parties in the case to return the CTC of the judgment earlier issued to them in view of the identified typographical errors.

    Part of the letter, seen by The Nation, reads: “Sequel to your application dated 17th November, 2023 with Reference No: WOC/ABJ/Vol.4/231/2023 on the above subject, a certified true of the judgment was issued to you on the 21/11/2023, which has some typographical errors.

     “It is in line of the above that we are seeking to retrieve the judgment, to effect the necessary correction before re-issuing. We are deeply sorry for any inconvenience.”

    In the letter, Yusuf said: “Assuming without conceding that the judgment has some errors, whether typographical or otherwise, we humbly and dutifully draw your attention to the fact that the Court of Appeal became functus officio in the matter on Saturday, November 18, 2023 and any application for correction of errors can only be entertained by the Supreme Court.

    “Again, Section 285(7) of the Constitution earlier referred to becomes very handy and imperative to the effect that the Court of Appeal cannot take any further step in the appeal or subject after the expiration of sixty (60) days.”

    The governor contended that the Court of Appeal was wrong to have requested parties to apply for correction and send indicated its intention to amend the judgment when the times allocated to it in the Construction has expired.

    Read Also: Kano Gov Yusuf faults Appeal Court’s recall of CTCs of defective judgment

    He added: “Even at that, judicial precedents are countless as to the procedure to follow and which court has jurisdiction to take such an application, after the expiration of the 60 days mandatorily benchmarked by the Constitution.

    “Today (November 23) is the seventh day, effective from Friday, November 17, 2023, since the delivery of the judgment of the Court of Appeal.

    “We repeat that, out of the fourteen days mandatory prescribed for our client to file his notice and grounds of appeal to the Supreme Court, he is left with just seven days; and it is only fair that he should be allowed to exercise his constitutional right of appeal without any inhibition, within the fraction of days left for him.

    “We reiterate that this response has been borne out of a compelling duty and responsibility to the administration of justice; and, as counsel, it is our responsibility to draw attention to these salient statutory imperatives.”

  • FULL LIST: Governors sacked by Appeal Court and reason for their dismissal

    FULL LIST: Governors sacked by Appeal Court and reason for their dismissal

    The Court of Appeal in Abuja on Sunday, November 19, voided the election of Caleb Mutfwang of the Peoples Democratic Party (PDP) as the governor of Plateau State.

    In the judgment, a three-member panel of the court, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang and issue a fresh one to Nentawe Goshwe of the All Progressives Congress (APC), who the court declared as the valid winner of the March 18 governorship election.

    Courts have dismissed at least three governors whose elections were challenged by opposing political parties. Also, an election was declared inconclusive and a rerun was ordered just eight months after the gubernatorial elections in March.

    Here’s a list of governors who have been sacked and the grounds of their dismissal:

    1. Abdullahi Sule (Nasarawa)

    The Nasarawa State Governorship Election Petitions Tribunal tribunal led by its chairman, Ezekiel Ajayi in a split judgement of two against one directed the Independent National Electoral Commission, INEC in October to withdraw the certificate of return from Abdullahi Sule and issue it to David Ombugadu of the PDP.

    The court in its majority judgement delivered October 2, said the evidence before its panel indicated that the election was won by the PDP candidate David Umbugadu and not Engr Abdullahi Sule of the APC.

    The electoral umpire, INEC had announced Governor Abdullahi Sule as the winner of the election, but unsatisfied with the declaration, Ombugadu of the PDP approached the Election Petition Tribunal to seek redress over alleged malpractices.

    The tribunal, led by Justice Ezekiel Ajayi, in its decision, deducted the incorrect votes added to Sule and added back the votes which were reduced from the overall votes of David Ombugadu.

    This decision was based on the certified copies of the polling unit results (forms EC8A) that were presented by the petitioners.

    2. Dauda Lawal (Zamfara)

    The Court of Appeal sitting in Abuja on Nov. 16, 2023, declared the March 18 Zamfara Governorship Election, inconclusive.

    A three-member panel of Justices unanimously nullified the return of Governor Dauda Lawal of the Peoples Democratic Party (PDP) as the winner of the gubernatorial contest.

    The judgement followed an appeal lodged before the court by the immediate past governor of the state, Bello Matawalle, who was the candidate of the All Progressives Congress, APC, in the election.

    In the lead judgement that was read by Justice Sybil Nwaka, the court held that the Zamfara State Election Petitions Tribunal did not consider the evidence provided by the appellants – All Progressives Congress (APC).

    3. Abba Kabir Yusuf (Kano)

    The Court of Appeal sitting in Abuja on Friday dismissed Governor Abba Kabir Yusuf of Kano State.

    The panel upheld the verdict of the tribunal led by Justice Oluyemi Akintan Osadebay which sacked Yusuf on September 20, 2023.

    The Nation reports that the lower tribunal had declared the candidate of the All Progressives Congress (APC), Nasir Gawuna, as the lawfully elected candidate in the 18 March election.

    After the 18 March election, the Independent National Electoral Commission (INEC) declared that the NNPP polled 1,019,602 votes against the APC’s 890,705 to emerge victorious.

    However, the tribunal invalidated over 165,663 ballots printed in favour of NNPP. The court ruled that the votes were deducted because the ballot papers with which they were cast were not stamped or signed. This rendered the votes invalid, according to the tribunal.

    The tribunal ordered that the invalid votes be expunged from Yusuf’s scores.

    Displeased with the tribunal’s judgement, Yusuf in a notice of appeal dated 2 October 2023, argued that the tribunal erred when it relied on sections 71 and 63 of the Electoral Act, 2022 to invalidate the 165,616 ballot papers returned in his favour.

    The appellate court agreed with the tribunal’s judgment, subsequently sacking the governor.

    This ruling is not the last judicial pronouncement on the election, as the losing party after the Appeal Court ruling is constitutionally allowed to appeal to the Supreme Court, the country’s highest court with the final say on the electoral dispute.

    Read Also: Appeal Court dismisses SDP’s case against Governor Fintiri

    4. Caleb Mutfwang (Plateau)

    In a judgment on Sunday, a three-member panel of the court, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang and issue a fresh one to Nentawe Goshwe of the All Progressives Congress (APC), who the court declared as the valid winner of the March 18 governorship election.

    Justice Williams-Dawodu, in the lead judgment, set aside the decision of the Governorship Election Petition Election, which had dismissed the petition of the APC and its candidate.

    The judge held that Mutfwang was not validly sponsored by the PDP and that he was not qualified to have contested the election because the PDP did not conduct valid state, local government, and Ward congresses ordered by a High Court of Plateau State and it had no structure as at the time of the election

    The judgment on Sunday was on the appeal filed by the APC and Goshwe against the September 22 decision of the Governorship Election Petition Tribunal which had dismissed their petition and affirmed the PDP candidate’s election.

  • Appeal Court sacks another governor

    Appeal Court sacks another governor

    • It’s a temporary setback, says Muftwang
    • APC candidate Yilwatda hopeful
    • LP candidate wins Assembly seat

    Plateau State Governor Caleb Mutfwang yesterday described the Court of Appeal verdict nullifying his election as a temporary setback. 

    He is optimistic that his mandate will be restored as he has instructed his legal team to appeal at the Supreme Court.

    Mutfwang is the second governor to be sacked by the Court of Appeal in the last three days.

    Kano State Governor Abba Kabir Yusuf was dismissed from office on Friday.

    The Plateau State candidate of the All Progressives Congress (APC) in the March 18 election Nentawe Goshwe Yilwatda, who is the beneficiary of the judgment, said he is sure of victory again at the Supreme Court.

    The Court of Appeal in Abuja yesterday voided Mutfwang’s election as governor. Mutfwang contested on the platform of Peoples Democratic Party (PDP).

    A three-member panel, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang.

    The court directed that a fresh one be issued to Yilwatda.

    Mutfwang in a statement, by his spokesman, Gyang Bere, urged citizens of the state and supporters to remain calm.

    He assured them that as long as God remains on the throne, the mandate of the people will be preserved and protected.

    The governor reiterated his commitment to the rule of law and assured the people that there was light at the end of the tunnel, as he has unwavering faith in the judiciary and the 1999 Constitution.

    Urging supporters and citizens to maintain law and order, he affirmed that Plateau will be victorious to the glory of God and reassured of his commitment to continually serve the state with dedication and integrity.

    Justice Williams-Dawodu, in the lead judgment, set aside the decision of the Governorship Election Petition Tribunal, which had dismissed the petition of the APC and its candidate.

    The Justice held that Mutfwang was not validly sponsored by the PDP and that he was not qualified to have contested.

    This, she held, was because the PDP did not conduct valid state, local government and ward congresses ordered by a High Court of Plateau State and it, therefore, had no structure at the time of the election

    The judgment was on the appeal filed by the APC and Yilwatda against the September 22 tribunal decision which had dismissed their petition and affirmed the PDP candidate’s election.

    Justice Williams-Dawodu held there was no evidence that the PDP complied with the subsisting High Court order which had directed it to conduct a valid party congress before its sponsorship of the candidates.

    She further held that the issue was not about nomination or sponsorship but disobedience to a subsisting court order which had not been set aside.

    Justice Williams-Dawodu noted that the tribunal was “highly inconsistent,” and “perversely” dismissed the petition against the governor following the invalid state congress of the PDP.

    She said: “The appeal is hereby allowed. The issue is resolved in favour of the appellants.

    “The first petitioner (Yilwatda) is perfectly entitled to be returned as governor. INEC is directed to withdraw the certificate of return from Caleb.”

    Read Also: Appeal Court verdict: Lalong welcomes Goshewe’s victory

    Yilwatda, who hailed the Court of Appeal verdict, is hopeful the Supreme Court will affirm it.

    He said: “I am excited, the party is excited. Our effort is not in vain. Our campaign is not in vain and everything we put up is not in vain.

     ”I commend the Judiciary for standing for the truth and standing by the truth.

    “The Judiciary is the last hope of the people and has proven time without number that it is the last hope of the common people.

    “Whether you are in APC, PDP, LP, or any party, all we have to work for Plateau. 

    “I’m going to operate an all-inclusive government as all political parties are going to be represented in the government.

    “My victory is for Plateau and the people. My agenda will focus on agriculture, infrastructure, security, job creation, employment and ICT.”

    The appellate court, in another judgment, upheld the sack of Rimvjat Nanbol of the PDP for Langtang Central State Constituency by the National and State Houses of Assembly Election Petition Tribunal in a judgment in September.

    It upheld the tribunal declaration of Daniel Ninbol Listic of the Labour Party (LP) as the winner of the state constituency election.

    In the lead judgment read by Justice Okon Abang, the court agreed with the tribunal’s finding that the structure of PDP had collapsed after the Plateau State High Court declared in a judgment that the party failed to conduct a valid primary/congress involving delegates from the 17 LGAs of the state.

    Justice Abang said: “It is my view that without complying with court orders, there was no party by the name of PDP in the election.

    “It is a joke taken too far for a political party to disobey an order of court.”

    He further held that a court of law has jurisdiction to entertain a matter bordering on a political party, especially if that party disobeys a subsisting order of a court.

    Justice Abang said: “The appeal lacks merit and it is accordingly dismissed. The judgment of the tribunal is hereby affirmed.”

    He added that the LP candidate remains the lawmaker representing the said Constituency at the Plateau House of Assembly.

    Lalong: It’s an affirmation of people’s mandate

    Minister of Labour and Employment, Simon Lalong, hailed the judgment, saying it was an affirmation of the mandate unanimously given to Dr. Yilwatda and his running mate Pam Bot-Mang.

    He said the development was a good omen to Plateau as Yilwatda and his running mate will have the opportunity to implement their plans to take the state to the next level.

    The minister said though the PDP and Mutfwang have the constitutional right to exhaust all the legal opportunities available to them, he is confident that Yilwatda’s victory will endure.

    Lalong, in a statement by his media aide, Dr. Makut Simon Macham, appealed to APC members and Yilwatda to be magnanimous in victory and consider this joyous moment as a celebration for the entire people of Plateau who are yearning for good governance, security and development.

    He also called on the citizens to continue to be law-abiding and shun any attempt to incite them to unlawful action capable of threatening the peace of the state.

    APC to members: be magnanimous in victory

    The APC in Plateau urged members to be magnanimous in victory.

    State Publicity Secretary, Sylvanus Namang, said in a statement: “The Chairman of the APC in Plateau State, Rufus Bature, appeals to members and supporters of the APC to remain calm and refrain from any provocative acts that would affect the peace and tranquillity of our beloved state.

    “Though the APC has emerged victorious after a lot of patience and respect for the sanctity of the courts where it painstakingly appealed against the ruling of the first tribunal, the party is appealing to the PDP to call on its supporters to accept their loss in good faith and call on its members not to embark on anything that will lead to the breach of peace in the state.

    “There is no victor and no vanquished as Plateau and its people remain brothers and sisters who should work for the common good of the state.”

    Police warn against breach of peace

    The Plateau Police Command warned against acts capable of breaching the peace.

    It said it received credible intelligence that some hoodlums were planning to disrupt the peace. 

    Commissioner of Police, Okoro Alawari, warned those with such plans to drop them.

    He urged the public to respect the verdict, maintain calm and refrain from any actions that could incite violence.

    The CP, in a statement by the spokesman, Alfred Alabo, a deputy superintendent of police (DSP), advised all aggrieved parties to seek further redress in a higher court and not take laws into their own hands.

  • UPDATED: Appeal Court sacks Plateau Governor, orders return of APC’s candidate Goshwe

    UPDATED: Appeal Court sacks Plateau Governor, orders return of APC’s candidate Goshwe

    The Court of Appeal in Abuja has voided the election of Caleb Mutfwang of the Peoples Democratic Party (PDP) as the Governor of Plateau State.

    In a judgment a moment ago, a three-member panel of the court, led by Justice Elphreda Williams-Dawodu, ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mutfwang and issued a fresh one to Nentawe Goshwe of the All Progressives Congress (APC), who the court declared as the valid winner of the March 18 governorship election.

    Justice Williams-Dawodu, in the lead judgment, set aside the decision of the Governorship Election Petition Election, which had dismissed the petition of the APC and its candidate.

    The judge held that Mutfwang was not validly sponsored by the PDP and that he was not qualified to have contested the election because the PDP did not conduct valid state, Local Government and Ward congresses  ordered by a High Court of Plateau State and it had no structure as at the time of the election

    The judgment on Sunday was on the appeal filed by the APC and Goshwe against the September 22 decision of the Governorship Election Petition Tribunal which had dismissed their petition and affirmed the PDP candidate’s election.

    Justice Williams-Dawodu held there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress prior to its sponsorship of the governorship and other candidates.

    She further held that the issue was not about nomination or sponsorship but disobedience to a subsisting court order which had not been set aside.

    Justice Williams-Dawodu noted that  the tribunal was “highly inconsistent,” and “perversely” dismissed the petition against the governor following the invalid state congress of the PDP.

    She said: “The appeal is hereby allowed. The issue is resolved in favour of the appellants,” the judge held while ordering that the APC candidate be returned as governor.

    “The first petitioner (Goshwe) is  perfectly entitled to be returned as governor. INEC is directed to withdraw the certificate of return from Caleb,” she said.

    Read Also: JUST IN: Appeal Court sacks Plateau Governor, orders return of APC’s candidate Goshwe

    The appellate court, in another judgment upheld the  the sack of Hon. Rimvjat Nanbol of the PDP for Langtang Central State Constituency by the National and State Houses of Assembly Election Petition Tribunal in a judgment in September.

    The Court of Appeal further upheld the tribunal declaration of Hon. Daniel Ninbol Listic of the Labour Party (LP) as winner of the state constituency election. 

    In the lead judgment read on Sunday by Justice Okon Abang, the court agreed with the tribunal’s finding that the structure of PDP had collapsed after the Plateau State High Court declared in a judgment that the party failed to conduct a valid primary/congress involving delegates from the 17 LGAs of the state.

    Justice Abang said: “It is my view that without complying with court orders, there was no party by the name PDP in the election.

    “It is a joke taken too far for a political party to disobey an order of court,” the judge said.

    He further held  that a court of law has jurisdiction to entertain a matter bordering on a political party especially if that party disobeys a subsisting order of a court.

    Justice Abang said: “The appeal lacks merit and it is accordingly dismissed. The judgment of the tribunal is hereby affirmed.

    He added that the LP candidate remains the lawmaker representing the said Constituency at the Plateau House of Assembly.

  • Appeal Court reserves judgment in Sokoto governorship dispute

    Appeal Court reserves judgment in Sokoto governorship dispute

    The Court of Appeal, Sokoto division, has reserved judgment in the appeal filed by the candidate of the Peoples Democratic Party (PDP), Saidu Umar, in the last governorship election in the state. 

    Umar and the PDP are,  by his appeal, seeking the reversal of the September 30 judgment by the Governorship Election Petition Tribunal, which upheld the election of Governor Ahmed Aliyu of the All Progressive Congress (APC).

    Justice Joseph Ekanem, who headed a three-member panel that heard the appeal in Abuja on Tuesday, told parties that they would be informed when the judgment was ready.

    Appellants’ lawyer, Sunday Ameh (SAN), while arguing his client’s case, faulted the trial tribunal’s findings.

    Ameh argued that the trial tribunal was wrong to have rejected the evidence of the subpoenaed witnesses invited by his client,  grounds that their written depositions  were not filed along with the petition.

    He prayed the court to allow the appeal and set aside the judgment of the tribunal.

    Read Also: FG to fight desertification in Sokoto, Borno, Katsina, 8 others – Bukar

    Lawyers to the respondents – Wole Olanipekun (SAN),  Hassan Liman (SAN) and Ibrahim Mohammed urged the court to affirm the tribunal’s judgment, which they argued, was unassailable.

    They faulted Ameh’s arguments and prayed the court to dismiss the appeal for being unmeritorious.

    Olanipekun noted that the appellants failed to appeal against 11 profound findings of the trial tribunal.

    The tribunal had, in its judgement, dismissed the petition by Umar and the PDP on the grounds that the petitioners failed to prove their case.

  • Appeal Court reinstates lawmaker

    Appeal Court reinstates lawmaker

    The Appeal Court sitting in the FCT yesterday upheld the appeal by member representing Lau State Constituency at the Taraba State House of Assembly, Nuhu Akila of the People’s Democratic Party (PDP) against Emmanuel George of the All Progressives Congress (APC).

    The Taraba Elections Petitions Tribunal sitting in Jalingo, had in September upturned the victory of Akila and gave the victory to George.

    The tribunal had given the victory to George based on the recounted ballot papers in the March 18 elections which showed that George had the highest votes.

    But the Presiding judge, Justice Uche Onyemenam, held that the “evidence of recounted ballot papers in Lau State constituency was inadmissible”.

    Read Also: Taraba: Appeal Court reinstates PDP’s Akila as member of state Assembly

    He also held that all evidence tendered by the petitioners were incompetent and that the testimonies of PW 1 and 2 were unlawful while that of PW 3 was hearsay evidence.

    An elated Akila who was surrounded by his supporters and kinsmen declined to comment on his victory.

    But a legal practitioner/politician, MP Yerima described the victory as coming from God.

    He called on George to join hands with the winner.

    He also commended Governor Agbu Kefas for his efforts in ensuring the victory for the party

    Also, a former Special Adviser on Revenue Matters, Absolom Solomon said, “this victory is for everybody, Lau constituency and Tarabans. We need to join hands together”.

  • Appeal Court reinstates Ugochinyere as Ideato Reps member

    Appeal Court reinstates Ugochinyere as Ideato Reps member

    The Court of Appeal, sitting in Lagos has unanimously affirmed the election of the member representing Ideato North and South Federal Constituency of Imo State, Hon. Ikenga Imo Ugochinyere Ikeagwuonu, as the validly elected member of the House of Representatives.

    The judicial triumph has brought to an end the political battle of almost two years, which has been as intriguing as it has been bloody, claiming lives of his family members and supporters who lost their lives following a deadly attack on his residence on January 7, 2023 shortly before the February 25 National Assembly elections.

    In a unanimous judgment, the panel headed by Justice Abubakar Babandi Gumel overruled the judgment of the Imo State National/State Assembly Election Petitions Tribunal, which had disqualified Ikenga and nullified his election on a pre-election matter of the primary election of the PDP despite plethora of authorities by the Supreme Court and Court of Appeal to the effect that Election Tribunals do not have jurisdiction over pre-election matters.

    As news of the judgment reached Ideato, there was instant jubilation, with markets and streets instantly turning into carnivals for the celebration of the legal victory. 

    Speaking after the judgment, counsel to Ikenga Imo Ugochinyere, Emeka Ozoani, SAN, described the judgement as victory for democracy and an end to political rascality. 

    He said the travesty of the Tribunal judgement led to the filing of nine appeals before the Appeal Court, the highest number of appeals ever against a singular judgement in the nation’s election petition jurisprudence.

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    While commending the President of the Court of Appeal and the three members of the Panel, Barr Tochukwu Ohazuruike said: “The President of the Court of Appeal and the three Panel members deserve all the commendation for resisting the attempts of Hope Uzodimma to undermine them like he did to Justice Akpovi who has lost all his respect for such strange judgment he delivered after the Tribunal hearing. It is only those who that Hope Uzodimma stops at nothing when he wants to desecrate the judiciary that will understand why this commendation is necessary and apt.”

    An excited Hon. Ugochinyere said God always vindicates the innocent while reacting to the judgement. 

    He said this was not the opportunity cost for those that were killed in the battle, but it will, at least, show they did not die in vain. 

    “We can now start the burial arrangements for my uncle who was murdered in cold blood on 7th January so he can now rest in peace having been here till this final victory.”