The Nation Newspaper

Tag: appeal

  • UNICEF seeks $2.8b to assist children worldwide

    UNICEF seeks $2.8b to assist children worldwide

    The United Nations Children’s Fund (UNICEF) on Tuesday in New York appealed for 2.8 billion dollars in aid to assist 43 million children living in humanitarian crises worldwide.

    Afshan Khan, UNICEF’s Director of Emergency Programmes, said that a large portion of the appeal would go toward funding education.

    He said one-fourth of the appeal would be used to educate children in emergencies and to get 5 million Syrian children living in and outside the country into schools.

    Khan said the number of children living in humanitarian crises with access to schools from 4.9 million at the beginning of last year to 8.2 million this year.

    “Education is a life-saving measure for children, providing them with the opportunity to learn and play, amidst the carnage of gunfire and grenades. UNICEF noted that its current appeal had doubled what it was just three years ago.

    “Today, one in nine children worldwide lives in a conflict zone.”

     

  • Wanted: Customary Court of Appeal for Lagos

    Wanted: Customary Court of Appeal for Lagos

    How to improve justice delivery at the grassroots was the thrust of the yearly retreat/workshop for customary court presidents and judges by the Lagos State Judicial Service Commission, reports ADEBISI ONANUGA 

    The need to protect our customs  came to the fore as stakeholders in the justice sector converged on Lagos to re-appraise procedures in the customary courts.

    The occasion was a retreat/workshop by the Lagos State Judicial Service Commission for Presidents and judges of customary courts, which had as theme, “The role of Customary Court Judges in the nation’s judicial system”.

    The participants counselled the  Commission to establish a Customary Court of Appeal to strengthen the system.

    Ondo State President, Customary Court of Appeal, Justice C.T. Adesola-Ikpatt, who delivered the lead paper titled: “Jurisdiction of Customary Courts in Lagos State”, stressed the need for the Commission to develop   customary court laws and preserve it for posterity.

    She advised the Lagos Judiciary to   establish the Customary Court of Appeal to provide access, in a familiar environment, for those dissatisfied with the decisions of the customary courts.

    Justice Adesola-Ikpatt noted that the indigenous system of adjudication of disputes, which the customary courts administer has remained relevant over the years in maintaining peace and social order among a vast majority of the people. She pointed out that those subject to the system, identified with and accepted it as regulating their relationship.

    “The colonialists saw the good in our indigenous laws and system of adjudication; they respected and preserved it. True, times are changing, but the wise must do the needful to protect their customs and ways of life as depicted by our indigenous laws and system of court”, she emphasised.

    Chief Magistrate Y. O. Aje-Afunwa, whose paper dwelt on “Ethics, decorum and comportment” counselled the presidents and judges of the customary courts to be above board. “Judges are expected to rise above common heads in society, not only in our moral and social perfection and behaviour but in our intellectual performance,” she said.

    Aje-Afunwa advised the customary court judges that they and their family members “shall neither ask for nor accept gifts, bequests, favours, or loans on account of anything done or omitted to be done in the discharge of their duties”.

    She urged them to shun nepotism and favouritism, disqualify themselves in a proceeding where their impartiality might reasonably be questioned and requlate their ex-parte judicial activities to minimise the risk of conflict with judicial duties.

    Aje-Afunwa, however, said: “Judicial officers shall be free to join associations of judges or other organisations to represent their interest to promote professional training and protect their judicial independence.”

    The Executive Secretary, Judicial Service Commission, Ayodele Odugbesan,  appealed to the Attorney-General to ensure that the proposed amendments to the Customary Courts Law 2011 are effected as soon as possible.

    “We believe that the amendments will be beneficial to us and spur local government authorities to meet their obligations especially since they requested that these courts be established in their communities,” she said.

    Lagos Attorney-General and Commissioner for Justice, Adeniji Kazeem, who delivered the keynote address, promised to review the Customary Court Law 2011 to increase the jurisdiction of the courts in criminal matters.

    Kazeem, who was represented by the Solicitor-General, Funmi Odunlami, gave an indication that the Lagos House of Assembly was reviewing the law.

    He told them that for now, they would have to continue to dispense justice under the  Customary Courts Law  2011, which earlier increased the jurisdiction of the customary courts in respect of administration of estates of persons who died interstate to N500,000, while the jurisdiction of the courts was limited only to contempt of court committed in the face of the court in criminal aspect.

    The Chief Judge of the State, Justice Olufunmilayo Atilade, who was represented by Justice Taofikat Oyekan-Abdulai, said the state has been a pacesetter in the administration of justice and urged them to always uphold the truth.

    Justice Atilade advised that the tradition of the people in their locality should guide them when dispensing justice, adding that they should not apply common law in all cases.

     

  • South-East traders appeal for Kanu’s release

    The South-East Amalgamated Marketers Traders Association (SEAMATA) have appealed to President Muhammadu Buhari to release detained Director of Radio Biafra, Mr. Nnamdi Kanu

    In a statement, signed by the President of SEAMATA, Chief Okwudili Ezenwankwo and the Secretary, Hon. Temple Udeh, the traders lamented that the series of protests in the zone is negatively affecting their businesses.

    The Traders urged the President to release Kanu, the leader of Indigenous Peoples of Biafra (IPOB), in order to stop further protests.

    According to the traders, “this protest is taking its toll on economic and social activities, which is almost grounded in the zone. The hardship which innocent commuters from different parts of the country suffer as a result of the blockage of major highways that transverse the zone is better imagined than experienced.

    “The traders are aware that the leadership of the IPOB has peaceful demonstration as their working tool. Original members of IPOB are often infiltrated by miscreants who molest innocent traders in the markets.”

    The Association also appealed to IPOB to respect the rights of other citizens to go about their legitimate businesses peacefully without any form of intimidation, saying that the traders always recognized their rights of peaceful assemble.

    The traders further appealed to IPOB to checkmate the activities of miscreants, urging them to call on protesters to desist from compounding the problems of Ndigbo by their constant blocking of the Niger Bridge at Onitsha.

  • Ondo APC files appeal

    Ondo APC files appeal

    The All Progressives Congress (APC) in Ondo State has filed appeals challenging the judgments of the Election Petitions Tribunal on the House of Assembly elections.

    Four cases were filed yesterday before the Court of Appeal by its counsel, Charles Titiloye.

    They are for Akure I where the APC candidate, Festus Aregbesola, is asking the court to declare him winner.

    APC is also contesting the Ilaje I and II elections.

    Titiloye noted that despite the evidence of the Resident Electoral Commissioner (REC) and the returning officers that the elections were marred with irregularities and non-compliance with the Electoral Act, the Tribunal failed to cancel the controversial polls.

    He prayed the court to order fresh and credible election in the two constituencies.

    In Idanre, Titiloye called for supplementary election in 23 polling units where there were non-compliance with the Electoral Act.

  • Obile road: Appeal to IMSG

    Obile road: Appeal to IMSG

    SIR: Obile community is an oil bearing community in Ohaji, Imo State. It is reputed to have the largest deposit of gas in Nigeria presently.

    Obile road which was closed in 1976 by Imo State government is the old Douglas road constructed by the colonial government and named after late Mr. Douglas, a Briton. The road was the major link to what we have now as Imo and Rivers states, all in the defunct Eastern Region then.

    It was when Late Dr. M.I. Okpara became premier of the defunct Eastern Region that the vast land was acquired for the establishment of the then, Ohaji farm settlement, now Imo palm, from our benevolent fathers free of charge with unfulfilled promises that their community would be supplied with electricity, provided with potable water and their children given scholarship to university level.

    After acquiring the vast land, Dr. Okpara decided to plant rubber trees on the entire land. The rubber trees were planted by the two sides of the road according to the master plan of the farm, leaving the existing major road open from Obile down to Control Post, Owerri via World Bank Housing Estate Owerri.

    It was in 1976, when Imo State was created that the rubber trees were up-rooted and replaced with palm trees. This was when Obile road was closed from the boundary between Obile and Imo palm down to Control Post Owerri through Amafor, Obogwe, Okwuku and Umugwuma via  World Bank Housing Estate Owerri.

    Imo State government did not follow the master plan of the farm by giving some meters gap away from the two sides of the major road before planting the palm trees as was the case when rubber trees were planted. They planted the palm trees right on the middle of the existing ancient road of the community, leaving the people in perpetual suffering and in an economic quagmire till date.

    After the closure of the road, Imo State government decided to construct a new road from Owerri down to Egbema through Imo palm, cutting Obile off without considering the fate of the people whose only out-let to the outside world they had closed.

    Since the closure of the road, life has been very difficult for the people from Obile community due to absence of accessible road to Owerri market, the only major market for the sale of their farm produce.

    The people of Obile are making this clarion call to Imo State government as law-abiding community to re-open their closed road by up-rooting all the palm trees planted on the middle of the road that makes it inaccessible for them for over four decades now.

    The re-opening of this road will go a long way to mitigate the untold hardship, save lives and property, and will also give them the richly deserved sense of belonging as people from Imo State and as an oil bearing community.

    Another harrowing experience of the Obile community is the award of the contract for one of their rural roads by NDDC to an incapable contractor for over five years now. All road contracts awarded the same year with that of Obile have been completed and commissioned; we want to know what is holding the completion of that of Obile road.

    Let NDDC send their inspection team to Obile in Ohaji to see the sorry state of Obile road for which the commission has made full payment to the erring contractor.  The management of NDDC should, for the sake of peace, get the contractor back to site at Obile, or re-award the contract to a capable contractor.

    • Daniel Oparah,

     Ohaji, Imo State.

  • Sunshine’s appeal against Lobi match quashed

    Sunshine’s appeal against Lobi match quashed

    Sunshine Stars appeal against decisions from an abandoned Nigeria league match against Lobi Stars has been thrown out for lack of merit.

    Sunshine requested the match, which was disrupted after crowd violence, be replayed in its entirety and also be staged in Lagos.

    However, their prayers were not answered by the NFF Appeals Committee, who ordered that the remaining minutes of the match be played today.

    Lobi Stars were leading 1-0 with six minutes to the end of the match. Yesterday’s match ended 1-1 with Sunshine’s Prince Aggreh scoring the equaliser at the Teslim Balogun stadium to conclude an abandoned Week 35 game.

    The draw has steered Lobi clear of relegation, while Sunshine Stars now have 60 points in 37 games, same as Nasarawa and Wikki Tourists.

  • Otti set to appeal tribunal judgment

    Otti set to appeal tribunal judgment

    The All Progressives Grand Alliance (APGA) governorship candidate in Abia State, Mr. Alex Otti, is set to appeal the judgment of the Election Petition Tribunal, which last week upheld the victory of Governor Okezie Ikpeazu, the candidate of the Peoples Democratic Party (PDP). In the weeks preceding the judgment, APGA supporters in Abia State were upbeat on their candidate winning his petition at the tribunal, but that was not to be, as Ikpeazu’s victory in the April 11 governorship election was affirmed.

  • Akwa Ibom APC to appeal ex-governor’s tribunal victory

    Akwa Ibom APC to appeal ex-governor’s tribunal victory

    The Akwa Ibom State All Progressives Congress (APC) has said it will appeal the victory of Senate Minority Leader Godswill Akpabio at the National Assembly Election Petitions Tribunal.

    Tribunal Chairman, Justice Goddy Anunihu, upheld the election of the former governor as the senator representing Akwa Ibom Northwest.

    But APC described the verdict as a miscarriage of justice.

    Akwa Ibom State APC Chairman Amadu Attai told reporters in Abuja that it was funny that Justice Anunihu held that it was a mere mistake that Akpabio contested election in one senatorial district and won in another.

    The APC chairman said the judge’s action raised a serious question about the integrity of the Judiciary.

    He wondered how 205,519 accredited voters could have produced 444,505 votes for Akpabio and why the tribunal regarded such glaring over-voting as an error that was expunge from the tribunal’s record after admitting the result of the card reader as an exhibit during the trial.

    Attai said: “The APC in Akwa Ibom State observes with horror the wholesale miscarriage of justice in the outcomes of the various petitions filed by the party and its candidates at the National and State Assembly Election Petitions tribunals.

    “Nothing drives this point more forcefully home than the controversial decision of the Justice Anunihu-led panel, which dismissed the petition of the APC candidate for the Akwa Ibom Northwest Senatorial District, Chief Inibehe Okori, on the grounds that Mr. Akpabio’s candidacy in Akwa Ibom Northeast Senatorial District, rather than Akwa Ibom Northwest – where the APC candidate contested – was a ‘mistake’ and that the panel’s admission of the card reader database analysis evidencing the fraudulent casting of 444,505 votes by only 205,519 accredited voters was ‘done in error’ and had to be expunged from the tribunal record in deciding the case.”

    The APC chairman described this year’s elections in Akwa Ibom State, which national and international observers called a set of aberration, as alien to civilisation.

  • ‘Notice of Appeal without address for service is defective’

    ‘Notice of Appeal without address for service is defective’

    Rt. Hon. Emeka Ihedioha and PDP (Appellants) as Petitioners, filed their petition  challenging the return of Owelle Rochas Anayo Okorocha (1st Respondent) by the Independence National Electoral Commission (INEC) (2nd Respondent) as the person duly elected as Governor of Imo State. All Progressive Congress (APC) (37th Respondent), sponsored the candidature of Owelle Rochas Anayo Okorocha (1st Respondent) at the said election contested inter alia by Rt. Hon. Emeka Ihedioha (1st Appellant) on the platform of the Peoples Democratic Party (PDP).

    At the close of the pleadings, Rt. Hon. Emeka Ihedioha and PDP (Petitioners) through their counsel submitted a letter dated 22nd June, 2015 to the secretary of the Tribunal hearing their petition requesting the issuance of pre-hearing notice on all the parties in the petition. There was a Hearing Notice for pre-hearing session, signed by the Tribunal Secretary that was not addressed to anybody in particular.

    The Respondents in the petition and this appeal filed their Answers to the Questions contained in the pre-hearing Information. The Petitioners had on 3rd July, 2015 paid N300.00 as filing fee for their letter dated 22nd June, 2015 but received by the Tribunal Secretary on 23rd June, 2015. It was this payment that prompted the 1st and 37th Respondents to bring a motion filed on 6th July, 2015 praying the Tribunal below for inter alia an Order dismissing the petition as having been abandoned.

    Upon hearing the application, the Tribunal partly granted same by dismissing the petition on the ground that the Petitioners had abandoned their petition for not filing, within time, the application, under paragraph 18(1) of the First Schedule to the Electoral Act, 2010, as amended, for the petition to be set down for pre-hearing session.

    On the issue of abuse of the process of Court, the Tribunal below dismissed same, holding that there was no abuse of the Court’s process.

    Against this decision, the petitioners as the appellants lodged an appeal to the Court of Appeal. The 1st and 37th Respondents also filed a notice of cross-appeal. In their brief of argument, the 1st and 37th respondents raised, as preliminary objection, to the notice of appeal.

    It was submitted for the 1st and 37th respondents that the failure of the appellants to put the named 3rd-36th respondents on notice and serve the appeal processes on them robs the court of the jurisdiction to entertain the suit. For the appellants it was submitted that since the names of the 3rd-36th respondents are clearly reflected on the face of the notice of appeal as respondents to the appeal there has been sufficient compliance with Order 6 Rule 2(1) of the Court of Appeal Rules, 2011.

    It was held that Order 2 Rule 3 of the Court of Appeal Rules, 2011 is very clear and unambiguous. It provides that where under the Rules, any notice or other process is required to have an address for service endorsed on it; it shall not be deemed to have been properly filed unless such address has been endorsed on it. It was also stated that there is no ambiguity about the purport of Order 6 Rule 9 which is that “where in any proceeding in the Court below a party has given an address for service; Notice of Appeal from any decision made under such proceeding may be served on such party at such address for address.” That in the instant case, not all of the 3rd-36th respondents gave their addresses for service at the trial Tribunal. Only six (6) of them did in their replies to the Petition thus service could not be effected on others. It was stated that it can be held that Order 6 Rule 9 of the Court of Appeal Rules, 2011 has watered down the effect or consequence of Order 2 Rule 3 as regards the six respondents who gave their address for service. However, same cannot be said of the other Respondents. It was stated that the purport, of Order 2 Rule 3 is audi alteram partem and the fair hearing provisions of Section 36 (1) of the 1999 Constitution, as amended therefore, it is not a privilege, but a right of the respondent, that he must be given an opportunity to be heard on the appeal. He is therefore accordingly entitled to be served the Notice of appeal.

    The Court held that from the reading of order 6 Rule 2(1) together with Order 2 Rules 3 it is clear beyond doubt that the notice of appeal which does not have endorsed on it the address for service of the notice of appeal on the each of the 3rd-36th respondents is fundamentally defective. That it was stated that in a long line of cases from NGELIZANA v. HINDI (1965) NNLR 12, ENEBI v. YACHIM (1965) NNLR 26 to KALIEL v. ALIERO (1999) 4 NWLR (Pt. 597); (1999) LPELR-6591(CA) that the provisions of the Rules requiring a plaintiff, petitioner or appellant to provide address for service of an originating process or any other process on the defendant or respondent have always been construed to be mandatory and the effect of non-compliance therewith is that the process “shall not be deemed not to have been filed” and therefore liable to be struck out as an incompetent process. See also MARIAM OBIMONURE v. OJUMOOLA ERINOSHO & ANOR. (1996) 1 All NLR 250; SCOTT-EMUAKPOR v. UKAVBE (1975) 12 SC 31; (1975) LPELR-3024(SC) ODITA v. OKWUDINMA (1969) 1 All NLR 228 A 31-232, SKEN CONSULT LTD v. UKEY (1981) 1 SC 6.

    It was held that in the instant case the notice of appeal does not have endorsed thereon address for service of each of the 3rd – 36th respondents. That the filing of the notice of appeal in flagrant disobedience of Order 2 Rule 3 and Order 6 Rule 2(1) and same was struck out.

    It was stated that ordinarily, the striking out of the appeal should have been the convenient point to end this decision. However, the Appeal Court is not the final court, but an intermediate court in this matter. In the circumstance it became pertinent to consider the merits of the appeal.

    The core issues in the Appellants’ Brief, in the Court’s view are:

    1. Whether the letter to the Tribunal Secretary dated 22nd June, 2015 which was received by the said Secretary on the 23rd June, 2015 and on which said letter the Tribunal Secretary acted to promptly on 23rd June, 2015. Issued Hearing Notice for the Pre-Hearing Session was not sufficient under paragraph 18(1) of the First Schedule to the Electoral Act, 2010, as amended?
    2. Whether the 1st & 37th Respondents, having taken steps in the Pre-Hearing Session by filing Answers to the Questions contained in the Pre-Hearing Information Sheet, are not stopped, by operation of paragraph 53 (2) of the said First Schedule of the Electoral Act, 2010, as amended, from raising the objection resulting in the dismissal of the petition.

    Appellant’s counsel relying on ABUBAKAR v. NASAMU (No. 2) (2012) 17 NWLR (Pt. 1330) 523 and MGBA v. P.D.P. (2013) 523 and UGBA v. PDP (2013) All FWLR (Pt. 686) 540 at 548 submitted that Paragraphs 18(1) of the First Schedule to the Electoral Act, 2010, as amended, was sufficiently complied with once the Petitioner issues a letter to the Tribunal Secretary urging the latter to issue Hearing Notice for Pre-Hearing Session. Counsel further submitted that between the Petitioner and the Tribunal the preliminary steps taken by the Petitioner to nudge the Secretary to issue Hearing Notice for the commencement of the Pre-Hearing Session are purely administrative.

    On the other hand, the 1st and 37th respondents vehemently posit that such steps, as the application of the Petitioner to the Tribunal Secretary to kick start the Hearing Notice for the Pre-Hearing Session, are not administrative but purely judicial and the petitioner must pay the filing fee for the process by which he applies to the Tribunal Secretary to issue Hearing Notice for the Pre-Hearing Session.

    The Court held that there is nothing in Paragraph 18(1) of the First Schedule vesting any adjudicative or quasi-judicial powers on the Tribunal Secretary when he is presented an application by the Petitioner for the Issuance of Hearing Notice for Pre-Hearing Session. The function is purely administrative. That the duty imposed by Paragraph 18 (1) of the First Schedule on the Secretary, when nudged by the Petitioner to issue Hearing Notice at the close of the pleadings for Pre-Hearing Session, is merely to issue the notices.

    That Paragraph 18(1) of the First Schedule provides no special mode by which a petitioner “shall apply for the issuance of Pre-Hearing Notice as in Form TF 008” to the Secretary of the Tribunal. In absence of any special mode in Paragraphs 18(1) of the First Schedule to the Electoral Act, 2010 as amended, the Petitioner’s letter to the Tribunal Secretary to issue Pre-Hearing Notice will suffice. Relying on ABUBAKAR v. NASAMU (supra) the Court resolved in favour of the appellants that they complied with Paragraph 18(1) of the 1st schedule to the Electoral Act, 2010, as amended.

    The appellants’ counsel, relying on the Supreme Court decision in SA’EED v. YAKOWA (Supra) and Paragraph 53(2) of the said 1st Schedule submits that even if there was non-compliance by the Petitioners/Appellants with Paragraph 18(1) of the 1st Schedule the 1st and 37th Respondents could not be heard to ask for dismissal of the petition since they had waived their right to do so by their participatory activities, and that if they did ask the Tribunal below was enjoined to refuse the application by the operation of Paragraph 53(2) of the 1st Schedule.

    In response, it is submitted for the 1st & 37th Respondents that the 1st & 37th Respondents only became aware of the fact that the Petitioners\Appellants did not pay for the filing of their application to the Tribunal Secretary to issue Hearing Notice for the Pre-hearing session until 5th July, 2015.

    It was held that the Records show that the Tribunal Secretary issued Hearing Notice for the Pre-Hearing Session on 23rd June, 2015. The filing fee was paid for this process. That the 1st & 37th Respondents took fresh steps to file, on 26th June, 2015, their answers to the Questions contained in the Pre-Hearing Information Sheet. That by their active participatory activities the 1st & 37th Respondents cannot say that they suffered any prejudice or embarrassment. That the purpose of Pre-Hearing Notice has thus being achieved. See SA’EED v. YAKOWA (supra) at page 1686, IPINLAIYE II v. OLUKOTUN (1996) 6 SCNJ 74 at 88; (1996) LPELR-1532(SC) (1996) 6 NWLR (Pt 453) 143; AKHIWU v. PRINCIPAL LOTTERIES OFFICER MIDWEST (1972) 1 All NLR (Pt. 1) 229 at 238; (1972) LPELR-333(SC) OKWECHIME v. PHILIP IGBINADOLOR (1964) NMLR 132.

    It was held that reading paragraphs 18(1) and 53(2) of the 1st Schedule of the Electoral Act, 2010 together makes it clear that failure to formally apply for notice of Pre-hearing session to issue is merely procedural. And being procedural the party who has the right to timeously question its non-compliance can waive strict compliance therewith. See ADAMS v. UMAR (2009) 5 NWLR (Pt. 1133) 41. The issue was accordingly, resolved in favour of the appellants.

    It was concluded that the decision on the merits in the appeal would have been one setting aside, in its entirety, the decision appealed, if not for the earlier striking out of the appeal for being incompetent.

    The cross-appeal

    The issue in the cross-appeal is:

    “Whether the trial Tribunal ought to have pronounced a decision, one way or the order, on the Cross-Appellants’ prayer contending that the Petition was an abuse of court process and in consequence hold that the petition was liable or not liable for dismissal in their Ruling delivered on 22nd July, 2015.”

    The Court stated that it is trite that a competent ground of appeal must arise from the judgment being challenged. In SARAKI v. KOTOYE (1992) 11-12 SCNJ 26; (1992) NWLR (Pt. 264) 156; (1992) LPELR-3016(SC)  EJOWHOMY  v. EDOH-ETER LTD (1986) 5 NWLR (Pt. 39) 1; AQUA LTD v. ONDO STATE SPORTS COUNCIL (1988) 4 NWLR (Pt. 91) 622; (1988) LPELR-527(SC).

    From the above principles it was found, that the complaint that the trial Tribunal omitted to consider and decide the issue of abuse of court process is most frivolous and vexatious. That the Tribunal did extensively consider the issue of abuse of court process, and came to the conclusion that the issue of abuse of court process raised by the 1st& 37th Respondents was clearly unfounded. The issue was dismissed, and there is no appeal against that decision. That the effect of a decision of court not appealed against is that the said decision is deemed accepted and remains forever binding on the parties. See AKERE v. GOVERNOR, OYO STATE (2012) 50.2 NSCQR 345 at 394; (2012) LPELR-7806(SC) See ALAKIJA v. ABDULAI (1998) 8 NWLR (Pt. 552) 1 at 16-17; (1998) LPELR-404(SC) IKEM v. EZIANYA (2002) 4 NWLR (Pt. 757) 245 at 261; SPLINTERS (NIG) LTD v. OASIS FINANCE LTD (2013) 18 NWLR (Pt. 1385) 188 at 213; (2013) LPELR-20691(CA).

    Consequently, therefore, the cross-appeal, premised on the incompetent sole ground of appeal from which a sole issue for determination has been formulated being incompetent was struck out.

    On the whole both the Appeal and the Cross-Appeal were dismissed.

    Edited by LawPavilion

    LawPavilion Citation: (2015) LPELR-25645(CA)

     

     

     

  • ‘Some cases should terminate at Appeal Court’

    A Supreme Court Judge, Kudirat Kekere-Ekun, has called for an amendment of the Constitution so that some cases can terminate at the Court of Appeal.

    This, in addition to more deployment of Information and Communication Technology (ICT), she said, will reduce the Supreme Court’s workload.

    She spoke in a paper she delivered at the fifth annual lecture in honour of Prof Alfred Kasumu, which held at the University of Lagos.

    Justice Kekere-Ekun backed suggestions that some cases terminate at the Court of Appeal, adding that a review of the constitutional provisions governing the jurisdiction of the Supreme Court is necessary.

    “I am in full support of certain classes of cases terminating at the Court of Appeal. In my humble view, the amendment of the 1999 Constitution has added to the burden of the Supreme Court.

    “It made the Supreme Court the final court of appeal in respect of decisions arising from Governorship election tribunals.

    “Such appeals, by virtue of Section 285 (7) of the 1999 Constitution (as amended) must be concluded within 60 days from the date of the delivery of the judgment of the Court of Appeal,” she said.

    She said the provision has led to an influx of appeals and has also affected other cases pending before the court, which are already overdue for hearing,  but which had to be set aside while  election related appeals are heard and determined expediently.

    She also called for the use of more technology in court processes.

    “The global village is moving at a faster pace, the apex court of the most populous nation in Africa cannot be left behind. We must embrace information technology and take advantage of all that it offers along with alternative dispute resolution mechanisms, where possible.

    “A reduction of the inflow of cases and more efficient management of the court’s docket will allow the justices to devote more of their time and resources to research, study, reading, consultations among themselves for the advancement and administration of justice.”

    In her paper entitled: the Nigerian Supreme Court: structural reforms for today’s dispensation of justice, Justice Kekere-Ekun said for the Supreme Court to discharge its role effectively, the adoption of Information technology will allow for easy sharing of information.

    She said it will also help to create a database for decided cases by all the courts and which will also be accessible by judicial officers anywhere.

    In addition, she said ICT will facilitate communication between the justices, the registry and other administrative staff. According to her, the project is capital intensive and requires political will, purposeful leadership, and the commitment of substantial resources.

    “It also requires training for the justices and upgrading the knowledge and skills of courts staff to enable them effectively manage the facilities.  The present leadership of the court is fully committed to this transformation.

    “The role of the Supreme Court today should primarily be that of development of legal policy and to discharge the role effectively, its current docket has to be greatly reduced,” she said.

    A life bencher, Mrs Hairat Balogun, who chaired the event, said hiring more research assistants will help to reduce unemployment and ease the justices’ workload.