The Nation Newspaper

Tag: Appeal court

  • Breaking: Appeal Court dismisses Omo-Agege’s appeal on annullment

    The Court of Appeal sitting in Benin, the Edo State Capital, has dismissed an exparte motion filled by Senator Ovie Omo-Agege seeking a leave of court to appeal the Federal High Court Judgement which sacked the Prophet Jones Erue-led faction of the Delta State chapter of the All Progressives Congress (APC).

    It also dismissed a suit filed by the House of Representatives-elect, Rev Francis Ejiroghene Waive.

    Justice Philomena Mbua Ekpe in her ruling dismissed both applications for lacking in merit and fined them N300,000 each.

    Read Also; Appeal Court orders retrial of NIMASA, NLNG levies case

    The court held that the plaintiffs could not claim to be unaware of the case thus could not seek to be joined or challenged the judgement, at this moment.

    Omo-Agage and Waive, whose candidacy had earlier be annulled by the Federal High Court, Asaba have to wait for the party at the National level who are party to the case to appeal the judgement.

  • Tax holiday: Appeal Court orders retrial of NIMASA, NLNG levies case

    The Court of Appeal in Lagos has set aside a Federal High Court judgment which exempted the Nigeria LNG Ltd from levies imposed by the Nigerian Maritime Administration and Safety Agency (NIMASA).

    The appellate court returned the 2013 case to the lower court and ordered that it be re-assigned to another judge for retrial.

    In a unanimous decision, a three-man panel of the appellate court led by Justice Garuba Lawal upheld NIMASA’s argument that the lower court erred in its judgment delivered on October 3, 2017.

    Other members of the panel were Justice Abimbola Obaseki-Adejumo and Justice Gabriel Kolawole.

    The Justices upheld NIMASA’s contention, made through its lawyer Lateef Fagbemi SAN, that the lower court breached NIMASA’s fundamental right to fair hearing.

    In its judgment read by Justice Joseph Ikyegh, the appellate court held: “The appeal is allowed, and the judgment delivered by the lower court in October 2017 is hereby set aside.

    ‘The case is hereby ordered to be sent back to the administrative judge of the Lagos Division of the lower court to be assigned to a judge for expeditious determination on its merit.

    ‘Parties are to bear the administrative cost of the appeal.”

    In 2017, a judge of the Federal High Court, Lagos, Justice Muhammed Idris, who is now at the Court of Appeal, decided the suit in NLNG’s favour.

    The judge held that NLNG was not liable to make the said payments to NIMASA and that all payments already made by NLNG to NIMASA should be refunded to NLNG.

    The judge further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against NLNG.

    Dissatisfied, NIMASA filed an appeal before the Appeal Court challenging the judgment on the ground of fair hearing among others.

    NIMASA averred that the NLNG was liable to pay three per cent gross freight on its international in-bound and out-bound cargo as sea protection levy.

    It also averred that NLNG is to pay two per cent cabotage surcharge on all activities carried out for and on its behalf as well as other sundry claims.

  • Appeal Court okays Fayemi’s election

    THE Court of Appeal in Abuja has upheld the victory of Ekiti State Governor Kayode Fayemi of the All Progressives Congress (APC) in the last governorship election.

    A three-man panel of the court, in a unanimous judgment yesterday evening, dismissed the appeal by the People’s Democratic Party (PDP) and its candidate in the election, Kolapo Olusola, for lacking in merit.

    The court upheld the January 28, 2019 judgment of the Ekiti State Elections Tribunal, which sat in Abuja owing to problem of insecurity in Ekiti State.

    The tribunal had, in its judgment, upheld Fayemi’s victory and dismissed the petition by PDP and Olusola on the grounds that they failed to prove their allegations, among which was that the election was marred by irregularities.

    Justice Stephen Adah, who read the lead judgment, resolved the seven issues identified for determination in favour of the respondents – Independent National Electoral Commission (INEC), APC and Fayemi.

    Justice Adah, at the commencement of proceedings, at about 7.05pm, noted that the day was fast spent and elected to read a summary of the lead judgment.

    Read also: Breaking: Osinbajo, Fayemi, Yari meet in Aso Rock

    After announcing that the seven issues were resolved against the appellants, Justice Adah proceeded to uphold the earlier judgment of the tribunal.

    He subsequently dismissed the appeal for lacking in merit.

    Other members of the panel, Justices Tinuade Akomolafe Wilson and Emmanuel Agim, agreed with the lead judgment.

    The proceedings lasted less than 30 minutes.

  • Breaking: Appeal Court delivers judgment in Ekiti gov dispute tonight

    Parties to the dispute over the last governorship election in Ekiti State have besieged the Court of Appeal in Abuja in anticipation of the outcome of the judgment in the case, scheduled for tonight.

    The Ekiti State Election Tribunal, which later sat in Abuja owing problem of insecurity in Ekiti, delivered judgment on January 28, affirming the victory of Kayode Fayemi of the All Progressives Congress (APC) in the election.

    Read Also: Four injured, motorcycles burnt in Ekiti tanker accident

    The petitioners – the People’s Democratic Party (PDP) and its candidate in the election, Kolapo Olusola – against whom the judgment went, appealed.

    The appeal was heard on Monday and judgment reserved.

    The Nation learnt that parties were informed on Wednesday that the judgment will be delivered by 6pm today.

    Supporters of both camps and their lawyers are currently waiting at the Court of Appeal, Abuja for delivery of the judgment.

  • Zamfara: Appeal Court has vindicated us, says Marafa

    Chairman of the Senate Committee on Petroleum, Senator Kabiru Garba Marafa (APC, Zamfara) has hailed the judgement of the Appeal Court, Sokoto division, which set aside the ruling of the Zamfara State High Court on the All Progressives Congress (APC), primaries tussle in the state.

    The Appellate court on Monday set aside the ruling by Justice Bello Shinkafi of the Zamfara State High Court on the APC Governorship, National and State Assembly primaries.

    In his reaction to the judgement, Marafa, a leading governorship aspirant in the state, said it has shown that “truth will always prevail over falsehood.”

    He said: “I have always believed that the Zamfara State High Court ruling was nothing but a black market judgement that can never stand legal scrutiny.

    “The Appeal Court judgement has rekindled the fact that the judiciary is the last hope of the common man.

    “We are all living witnesses to the fact that the APC in Zamfara was unable to conduct primaries and couldn’t reach consensus due to the attitude of Yari, but the Zamfara state High Court judge ruled against the truth.

    “The Appeal Court has today done justice by throwing the judgment of the Zamfara High Court to the trash bin, where it rightly belongs.”

    The ranking Senator, while commending the millions of his supporters for their support, cooperation and patience, urged them to discountenance the release from the Zamfara Government House, claiming that today’s judgement has no effect on their election.

    “The statement by the Zamfara Government House on the Appeal Court judgement is the last kick of dying pigs, not even horses.

    “You can’t build on nothing, APC didn’t conduct primaries, they don’t therefore have candidates in the just concluded elections,” he said.

  • Appeal Court President warns tribunal staff against sharp practices

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, has warned secretaries of the Election Petition Tribunals not to allow themselves to be used as tools to truncate justice.

    Bulkachuwa gave the warning on Friday in Abuja, at a one day training of the Election Petition Tribunal secretariat staff.

    “I will at this stage sound a note of warning, do not allow anybody to compromise your integrity or future, no matter how highly placed that person may be.

    “Do not be used as tools to truncate the process. Avoid offending, participating in serious disputes and disrupting the workplace.

    “I will not hesitate to take disciplinary action against any of you who repeatedly or intentionally fails to follow our code of conduct.

    “The Court will focus its searchlight on corrupt secretariat staff.

    “Any staff found wanting would only have his or herself to blame, as the court will definitely not spare the rod in ensuring that the honour and respect of the court and the judiciary is protected.

    The appeal court president said any member of staff of the tribunal found wanting would be penalised according to the degree of offence.

    Mr. Aliyu Ibrahim, the Chief Registrar of the court urged the secretariat staff not to be intimidated by any lawyer, but to be firm in ensuring that petitions were filed in compliance with the law.

    He also implored the workers to ensure that they worked closely with the security agents attached to their tribunals in ensuring prompt payments of their allowance.

  • Breaking: Appeal Court quashes disqualification of Taraba guber candidate

    Court of appeal sitting in Abuja on Thursday upturned the disqualification of Sani Danladi, the All Progressives Congress (APC) candidate in Taraba state.

    It would be recalled that a Federal High Court sitting in Jalingo on Wednesday disqualified Danladi on charges of age falsification.

    Details shortly…

  • Updated: Appeal Court affirms Ayogu Eze APC guber candidate

    The Court of Appeal in Lagos has set aside the judgment of the Federal High Court which voided the nomination of Senator Ayogu Eze as the governorship candidate of the All Progressives Congress (APC) in Enugu State.

    The appellate court, in a unanimous judgment of a three-man panel, allowed the appeal by Eze and proceeded to affirm him as the rightfully nominated candidate to represent the party in the election scheduled for March 9 this year.

    Justice Abdul Aboki, in the lead judgment, set aside the judgment of Justice Inyang Ekwo of the Federal High Court in Abuja, which ordered the Independent National Electoral Commission (INEC) to replace Eze with Barrister George Ogara as the APC governorship candidate for the APC in Enugu State.

    In setting aside the judgment by Justice Ekwo, Justice Aboki said the suit filed at the Federal High Court was, as at the time of the judgment, statute barred and not competent in law, having been filed outside the mandatory 14 days provided under Section 285(9) of the Constitution.

    Justice Aboki said the suit filed by Ogara at the Federal High Court, was caught by the Fourth Alteration to the 1999 Constitution, which makes it mandatory for all pre – election cases to be filed within 14 days of the accrual of the cause of action.

    Justice Aboki noted that the originating processes in this case were filed, at the trial court, more than 32 clear days after the party’s primaries, conducted on October 4, 2018 thereby rendering the suit a mere academic exercise.

    He said Ogara’s failure to file his suit within 14 days has offended Section 285 of the Constitution, which invariably takes away the jurisdiction of the Federal High Court and thereby rendered that suit statute barred.

    The judge said that “whatever right the respondent may have in his suit has been extinguished by law” and therefore has no right to benefit any longer from the case.

    He then set aside the judgment of the Federal High Court, in which INEC was ordered to remove Senator Eze’s name from its list of candidates for the governorship election in Enugu State.

  • Report of Appeal Court sacking Ayade is fake news- Aide

    The Chief Press Secretary to Governor Ben Ayade of Cross River State, Mr Christian Ita, has described as fake news, reports trending on social media that the governor has been sacked by the Court of Appeal in Lagos, as the governorship candidate of the People’s Democratic Party (PDP).
    According to the reports, Ayade was replaced by Mr Emmanuel Ibeshi, who was disqualified during the party’s primary elections.
    Ita, in a statement issued on Wednesday night said there was no such pending matter in the Appeal Court.
    He maintained that the case instituted in a Federal High Court in Abuja by Mr Emmanuel Ibeshi was discontinued when he filed a legitimate notice of discontinuance and as such never went on appeal.
    The report, he said, is the handiwork of political opponents.

  • CCT: Appeal Court reserves judgments in Onnoghen’s cases

    THE Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they would be informed when judgments are ready.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.  He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.

    The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.

    The arrest warrant, issued on February 13, this year, was vacated by the CCT on February 15, when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.

    Chris Uche (SAN), who argued Onnoghen’s appeals, urged the court to grant his client’s prayers and reject the notices of objection filed by the respondent (the Federal Republic of Nigeria).

    Umar, who is also the lead prosecution lawyer in the case before the CCT, urged the court to reject all the appeals and uphold the respondent’s notices of objection.

    He argued that there was no material before the court on which it could inquire into the circumstances surrounding the grant of the ex-parte order.