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Tag: Court of Appeal

  • Appeal Court reinstates deposed Emir of Gwandu

    Appeal Court reinstates deposed Emir of Gwandu

    The Court of Appeal in Sokoto on Thursday upheld the decision of the Kebbi High Court which reinstated the deposed Emir of Gwandu, Alhaji Mustapha Jokolo.

    The appellate court also ordered that all his salaries and entitlements for the 10 years that he was not on the throne be paid to him.

    The incumbent Emir of Gwandu, Alhaji Muhammad Bashar, had appealed against the judgment of the lower court, which reinstated Jokolo.

    In a unanimous judgment, the three judges of the court led by Justice Tunde Awotoye, held that the deposition of Jokolo by the then governor contravened Sections 6 and 7 of the Chiefs Appointment and Deposition Law of the state.

    “It was because the governor neither made an inquiry into the allegation against the emir nor consulted the state’s Council of Chiefs before arriving at his decision.

    “The former governor’s action had contradicted Section 36 of the 1999 Constitution of the Federal Republic of Nigeria.

    “The deposed emir was not given a fair hearing before he was dethroned and as such the decision was null and void,’’ the court held.

    The judge ordered the reinstatement of Jokolo and the payment of his 10 years salaries and entitlements.

    In his reaction, Counsel to the appellant, Mr Hassan Zakariyya, said they were not satisfied with the judgment.

    Zakariya said they would study the judgment and advise their client on the next step.

    But Jokolo’s Counsel, Mr Ahmadu Zumaru, commended the court, and described the judiciary as the last hope of the common man.

  • Court of Appeal rules in favour of Honeywell

    The Court of Appeal, Lagos has dismissed an ex-parte order granted against Honeywell Flour Mills Plc in favour of Ecobank Nigerian Plc.
    Justice Mohammed Yunusa of the Federal High Court in Lagos had last December 4 frozen Honeywell’s accounts following an application by Ecobank.
    The judge later varied the order by allowing Honeywell to withdraw N15million per week pending hearing of the suit.
    Honeywell thereafter proceeded to the Court of Appeal seeking to set aside the exparte order.
    The Court of Appeal, in a judgment delivered by Justice Abimbola Obaseki, set aside the ruling of Justice Yunusa on the ground of abuse of Order 4 of winding up rules.
    The Order states that every application in court other than a petition, shall be made by motion, notice of which shall be served on every person against whom an order is sought not less than five days before the day named in the notice for hearing the motion.
    In a related case, the cross-appeal by Ecobank against the ruling of Justice Yunusa which granted limited access to Honeywell to operate its accounts was also struck out.
    The second appeal by Ecobank against Honeywell, challenging the jurisdiction of Justice Mohammed Idris of the Federal High Court in establishing a customer banker’s relationship, was also struck out.
    The Court of Appeal stated that there is a banker-customer relationship between the parties.
    Justice Obaseki held that Ecobank’s appeal lacks merit and stands dismissed.
    “The ruling of Mohammed Idris of the Federal High Court in favour of Honeywell is hereby affirmed,” the justice held.
  • Five years’ jail: Ibinabo fails to get bail at Appeal Court

    Five years’ jail: Ibinabo fails to get bail at Appeal Court

    Convicted former beauty queen, Ibinabo Fiberesima, Thursday failed in her bid to secure bail at the Court of Appeal, Lagos Division, due to an incompetent application.

    A three man-panel of the Appeal Court presided over by Justice U.I. Ndukwe-Anyanwu observed that the appellant failed to attach copies of the judgment delivered by the court last Friday, which affirmed the five years’ jail sentence imposed on her by a Lagos High Court in Igbosere.

    Other Judges on the panel are Justice Samuel Oseji and Justice Tijani Abubakar respectively.

    The Actors’ Guild of Nigeria (AGN) president has also told the Supreme Court that she is recuperating from breast surgery and that staying in prison would endanger her life.

    When the matter came up Thursday at the Appeal Court, Ibinabo’s lawyer, Nnaemeka Amaechina informed that court of his client’s application dated March 14, which had already been served on the Lagos State Government (respondent).

    However, the application could not be heard as the court observed that the appellant’s failure to attach copies of the judgment as exhibit rendered the whole application incompetent.

    Justice Ndukwe-Anyanwu said the only option left was to strike out the application or adjourn it till another date for hearing.

    Consequently, Amaechina sought for an adjournment to enable him do the needful and the court adjourned the matter till April 7 for hearing of the bail application.

    Meanwhile, the actress has asked the Supreme Court to set aside the judgement of the lower court.

    In her Notice of Appeal, the appellant stated that Court of Appeal erred in law when it affirmed the decision of the High Court of Lagos State by setting aside the option of N100, 000 fine and substituting it with a term of five years’ imprisonment.

    The appellant further stated that the Court of Appeal erred in law when it affirmed the “interference by the High Court with the exercise of discretion by the trial Magistrates’ Court.”

    She added that the “judgment of the Court of Appeal is unreasonable and cannot be supported having regard to the evidence presented before the court.”

    In a six-paragraph affidavit of urgency deposed to by one Victor Eden, the deponent stated that Ibinabo is currently recovering from surgery and that she recently removed a tumour from her breast and that she needed constant monitoring by her doctors.

    “Her wound has not fully healed and as such she is afraid that her continued stay in the prison may endanger her life as she will not have access to special medical attention”, he stated.

    The deponent stated that it would be in the interest of justice and for her health and safety to admit Ibinabo to bail pending the hearing and determination of her appeal before the Supreme Court.

    The embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi for reckless driving which caused the death of one Dr. Giwa Suraj in an auto accident along the Lekki-Epe Expressway, Lagos. Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina urged the court to set aside the five-year sentence and restore the decision of the Magistrates’ Court.

    But the appellate court in its judgment delivered on February 11, dismissed Ibinabo’s appeal and affirmed the decision of the Lagos High Court.

     

  • Ripples in Bayelsa as House of Assembly flouts court order

    Residents of Bayelsa State, Saturday, lampooned the leadership of the Bayelsa State House of Assembly for refusing to swear-in the candidate of the African Democratic Congress (ADC), Mr. Ogbara Gabriel Michael, as directed by the Court of Appeal.

    The Court of Appeal sitting in Port Harcourt, Rivers State, on December 9, 2015, allowed the appeal of Ogbara and dismissed the ruling of the trial tribunal which ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll in Ogbia Constituency 3.

    In a judgement delivered by Justice Ejembi Eko, the court ruled that the ADC candidate won the April 11, 2015, House of Assembly election in the constituency and not the candidate of the Peoples Democratic Party (PDP), Naomi Ogoli

    Instead of obeying the order, PDP and Naomi filed a fresh application at the same court asking it to reverse its judgement of December 9.

    The applicants instead asked the court to uphold the ruling of the tribunal which ordered a fresh election in the constituency.

    It was gathered that a panel set up by the court was angry at the overtures of the PDP and its candidate describing their move as an abuse on judicial process.

    The panel upheld its initial judgement of December 9 which was delivered by Eko and asked the House to inaugurate Ogbara.

    The court in its judgement of December 9 said: “The order of the trial tribunal directing a rerun of the election is hereby set aside. In its place, the first appellant (Ogbara) is hereby declared the winner of the election conducted on April 11, 2015 in Ogbia Constituency III with the majority of lawful votes cast in the election.

    “The first respondent INEC is hereby ordered to forthwith issue to the first appellant, Ogbara Gabriel Michael of African Democratic Congress (ADC) the Certificate of Returns”.

    But investigations revealed that while INEC obeyed the order and issued the certificate of returns to Ogbara, the leadership of the PDP-dominated House had refused to honour the directive.

    The certificate of returns signed by the Chairman of INEC, Prof. Mahmood Yakubu, was dated December 21, 2015.

    It was gathered that the executive arm mounted pressure on the House leadership not to obey the order.

    But residents of the state frowned on the refusal of the House not to obey the order describing it as an affront to the rule of law and desecration of the temple of justice.

    The immediate past state Secretary, Civil Liberties Organisation (CLO), Mr. Alagoa Morris, regretted that the powers that be were frustrating obedience to a court order.

    He wondered why the House had refused to swear-in a candidate that had been issued a certificate of return by INEC.

    He said: “Sadly, the ruling and order of the Court of Appeal is yet to be acted upon by the leadership of the Bayelsa State House of Assembly; even though INEC, the election umpire has since honoured the Court Order and issued a Certificate of Return to the winner.

    “This is happening when tongues are wagging that the State Governor, who was a former police man, lawmaker and a legal practitioner by profession is not unaware of this attack on democracy.

    “The Governor himself, while speaking at his swearing in for a second tenure openly declared that God is the giver of power. One wonders how God gives power; if not the way the candidate for Ogbia Constituency 111 emerged as winner of the election of 11th April, 2015 and as declared by the Court of Appeal”.

    Morris said it was sheer wickedness to keep denying Ogbara his right to represent his constituents in the House.

    He said: “Denying this Bayelsan his due representation of his Constituency in the State House of Assembly smacks of abuse of office/power, impunity and disrespect for the rule of law and democratic ethos of election.

    “It is surprising that the membership and leadership of the African Democratic Congress has been so docile about this injustice both at the national and state levels. Even at that, the Civil Society should rise up in defence of democracy.

    “The winner of the election, Ogbara Gabriel Michael is a victim of the forces of internal colonialism, oppression and impunity. He sure needs the support of all lovers of democracy, and those who believe in the rule of Law.

    “This is not just about an individual; it is about injustice, impunity, democracy and the Rule of Law. Those actions which make people to dislike military rule shouldn’t be tolerated in our hard-earned democracy.

    “In the spirits of democracy and the Rule of Law, that I urge the State Governor and Speaker of the State House of Assembly to ensure that the man be sworn-in to enable him represent his people in government.

    “Anything short of this would be viewed as going against, not only the will of the electorates, but gross and unacceptable disobedience to Court rulings. When those who ought to know better, show good example and obey the law are not doing what is expected; then they are only saying they are above the law.”

  • Appeal Court dismisses suit against Adamawa governor

    Appeal Court dismisses suit against Adamawa governor

    The Court of Appeal Friday struck out an appeal brought against the Governor Bindo Jibrilla of Adamawa State by a chieftain of the Peoples Democratic Party (PDP), Umar Ardo on the ground that there were irregularities in the appellant’s brief of argument.

    Ardo had, among others, sought to be made a party in the appeal challenging the decision of the Federal High Court, which upheld the election of the governor, who is the candidate of the All Progressives Congress (APC).

    In a unanimous judgment of a three-man bench, Justice Joseph Ekanem, who presided and read the lead judgment,  noted that the appellant’s lawyer failed to comply with Rule 10 guiding the practice of legal practice in the country and that the appellant’s brief was replete with irregularities.

    Justice Ekanem also faulted the belated application by the appellant’s counsel to regularize his application on the day the appeal was due for judgment.

    Reacting to the court’s decision, lawyer to Jibrilla and APC, Modibbo Bakari said the verdict vindicated the position of the party that the actual appellant, Umaru Haruna lacked the locus-standi to challenge his clients’ victory.

    A Federal High  Court  in Abuja had, in June last year, struck out suit filed by Haruna, challenging the decision by the Independent National Electoral Commission (INEC) to  conduct governorship election in Adamawa State, when it did, arguing that the tenure of the previously elected government was yet to expire.

    Also reacting to the judgment, Ardo vowed to appeal the decision.

    He described the judgment as a judicial fraud.

    His words: “The striking out of my suit Friday by the Court of Appeal on the ground that my Counsel did not affix his seal on my Notice of Appeal is what I would call a judicial fraud.

    ” As I understand it, this regulation of affixing seal on court processes came into being last October via a Supreme Court judgment.

    “Yes, we filed our Notice of Appeal in July without seal, but based on the same SC’s judgment which allows regularizing already existing processes in courts, we duly filed our application to do so as outlined by the apex court after adoption. My lawyers wrote two letters to the Appeal Court urging for a date to move the application with no response; only for the court to come up and give judgment against us striking out our suit for not having regularized without taking in a duly filed motion to that effect. This is nothing but a clear judicial fraud.

    “I am appealing this fraud at the Supreme Court by Monday. No matter what, the apex court must have to determine the constitutionality or otherwise of the governorship election conducted by INEC in Adamawa State on 11th April 2015. Nothing less will be satisfactory to me, to the generality of the people of Adamawa and to most enlightened Nigerians.

    “It is sad that the administration of justice in Nigeria has become a key hindrance to justice. We must all unite to fight this evil. To allow judicial injustice is worse than to allow a conquering army on the society,” Ardo said.

  • ‘Court of Appeal judgment has left Abia on precipice’

    ‘Court of Appeal judgment has left Abia on precipice’

    James Okpara who served as the Commissioner for Special Services, Legal Matters and Due Process, Office of the Governor of Abia State during the administration of Chief Theodore Orji is a key player today in Abia grassroots politics. In this interview with Associate Editor, Sam Egburonu, Okpara, a lawyer, faults the judgment of the appeal court that sacked Governor Okezie Ikpeazu and expresses confidence that the apex court will uphold the overwhelming wishes of the people of Abia  

    After the governorship election in Abia State and more specifically, since after the ruling of the Court of Appeal which sacked Governor Okezie Ikpeazu of PDP and declared Dr Alex Otti of APGA as duly elected governor, the political atmosphere in the state has been charged. As a major player in Abia State politics in the last eight years, what would you say is the root cause of the current political tension?

    We have to understand what is happening from the historical perspective of Abia State politics. Abia is divided into two distinct blocs – the old Bende Division and the old Aba Division. The old Bende Division has eight local government areas and the old Aba Division has nine. Abia North is exclusively old Bende, Abia South is exclusively old Aba; and then in Abia Central, we have three local government areas from each of the two divisions. This is the composition of Abia State. Now, when you go back into history, starting from the First Republic, Dr M. I. Okpara, Premier of Eastern Region, was from old Bende Division and when you come to the period of the military rule, Commodore Ebitu Ukiwe, Admiral Ndubuisi Kanu, Major General Ike Nwachukwu, Amadi Ikweche, Admiral Chijioke Kaja, Navy Captain Osondu were all from old Bende.

    Also, the first civilian governor of Abia State, Dr. Ogbonnaya Onu, is from old Bende, before the creation of Ebonyi State, when his community became part of today’s Ebonyi State. The remaining former civilian governors, Orji Uzor Kalu and Theodore Ahamefule Orji, were also both from old Bende though under the current political division, Kalu is from Abia North while Orji is from Abia Central.

    So, this has been the issue. No Ngwa person had governed the state. All they have produced since the days of the late Chief Sam Onunaka Mbakwe of old Imo State was deputy governors. The two deputy governors that Mbakwe had, Dr Agbalaha and Chief Paul Uzoigwe, were all from Ngwa land. It is as if the rest of the state is saying that the old Aba cannot produce the governor of the state. So, Abians came together and felt that it is fair that the current governor of Abia State should come from Ngwa land, from old Aba Division, especially from Abia South, or if you like, from Ukwa Ngwa. This is based on rotation. The truth is that old Bende may have been politically more powerful but old Aba has higher population and the commercial nerve centre of Igbo land, Aba, is located in old Aba Division. So, no fair minded person should continue to say they should not be given the chance to also produce the state governor. That is the perspective that we have to understand the current tension. During the last election, practically all the political parties chose their governorship candidates from this part of the state, Abia South, as a sign that everyone accepts the need for fairness based on rotation. So, for the first time they had the chance and they voted overwhelmingly for their son. So, for someone to say suddenly that this thing they have been dreaming of and they got it, it is no longer so. For them, it is unacceptable. This is part of the tension, especially because of the means they were or about to be denied this opportunity. Obingwa, the local government area of origin of the governor, Dr Okezie Ikpeazu, and the two neighbouring LGAs, Isialangwa North and Osisioma, which is his natural base, the votes of these three local government areas, which favoured him overwhelmingly, were totally cancelled by the Court of Appeal. This means that Ikpeazu, his wife, family and relatives did not vote for him. Another issue here is the voting pattern of Abia State. We all know that to win a governorship election in Abia State, you must win Obingwa and Bende. Otti won in Bende and Ikpeazu won overwhelmingly in Obingwa, his local government of origin, only for the court to cancel it, in addition to Osisioma and Isialangwa North. Now, when you look at the voting strength of these three LGAs, it is one-third of the entire voting strength of Abia State. So, there is nowhere A or B can win Abia governorship election without the result of one-third of the state’s voting strength. Take the federal government for example, if you remove the results of Katsina, Kaduna and Kano from Buhari, there is nowhere he would have won 2015 presidential election.

    Otti and his party, the PDP, are alleging that the Court of Appeal denied them fair hearing but some people said the judges were courageous and their ruling fair?

    Have the people making these statements read the judgment? If you read the judgment of the Court of Appeal, you will notice that APGA tendered two card reports – one for about 169,000 votes in Obingwa and the other for about 146,000 votes for the same Obingwa local government. In law, it is elementary that if a party presents two conflicting evidence, the court will not rely on it. But what the Court of Appeal did in this matter was to rely fully on this same contradicting evidence to give judgment. You will note a difference of 23,000 votes. I am saying that instead of throwing away the evidence for being contradictory and therefore unreliable, the Court of Appeal said the 23,000 votes were ‘infinitesimal.’ This is a basic error in law and in fact.

    They also relied on the evidence of a lady staff of INEC, who came to tender one of the two card readers reports. The issue is that somebody, a particular person was the subpoena; it is a man, a known person, not an office, but the woman came to tender it. She was not the maker of the report, the subpoena and she did not say in her evidence why the specific person that ought to have made the subpoena did not come to make it.

    On the issue of lack of a fair hearing, when you read the judgment, the inescapable impression you will get is that the Court of Appeal is angry with the tribunal for whatever reason. What happened was that PDP and Dr Okezie Ikpeazu suffered from transferred aggression in the hands of the Court of Appeal. This is because the Court of Appeal resolved every issue on the matter in favour of APGA and Dr Alex Otti. The Court of Appeal restored all the preliminary objections of Dr Otti that were struct out by the tribunal and instead of asking the litigants to address the court on these issues which it restored, it proceeded to give judgment on these issues without hearing from PDP and Ikpeazu. This is not fair hearing.

    There is also a fact which most people may not know, APGA did not field any candidate in the two state constituencies in Obingwa LGA. That means even before the elections, APGA had conceded defeat in Obingwa. If you don’t have candidate in the state House of Assembly Election, who will canvass votes for you, mobilize people for you, who do you expect to vote for you in the governorship election? In these other local governments that are involved, the question we should ask ourselves is who won there in the state assembly elections? It is on record that PDP won in those elections overwhelmingly. So, how can you cancel the governorship election and leave the others? The elections for governorship and State House of Assembly took place the same day, the same time in the same polling booths, and under the same conditions.

    So, as a lawyer, if you were to preside over the appeal, what would you have done?

    I would have thrown out Dr. Otti’s appeal as lacking any merit, simple! Look, Dr. Okezie won the election fair and square. What the court said, making references to the malfunctioning of the card reader, was that there was over-voting and rigging. But no evidence of rigging or electoral malpractice was tendered before the court. No security agency, the Police, the Army, Navy, etc, gave any evidence of violence or malpractice. What the court said was that the card reader showed that X Y Z voters were accredited through the card reader and more votes were cast. So, the court cancelled the elections in those three LGAs and ruled that there was over-voting. But everyone in Nigeria knows that in the 2015 election it was not only the card reader’s accreditation that was used. INEC announced openly that because the card readers were malfunctioning, manual accreditation should be used to support it. As a result, some people, whose accreditation could not be done by the malfunctioning card readers, were actually accredited manually. But the Appeal Court ignored this obvious fact. Let me tell you, if we accept this, it means that every other election done in 2015, including Buhari’s election, and the re-run elections done this year, should be cancelled.

    You are from Item in Abia North, why are you so passionate about this matter?

    I know the consequences of what the Court of Appeal is trying to do. Abia is on precipice. Their judgment portends grave danger to Abia because where people feel that you have deliberately used money, power or influence to take governorship or ruler ship, they will resist it. Recall the Operation Wetie in the First Republic. It also happened in the Second Republic. If this situation is not remedied, the security challenges in Abia State awhile ago may be a child’s play, God forbid!

    Are you saying there is a threat by the three local government areas that unless Ikpeazu becomes governor, Abia would be under siege?

    No, it is not just the three local government areas that are crying for justice in this matter. People from Abia North and Abia Central have spoken out in support of justice. Take what happened in Nigeria in 1998/1999 when the whole country deliberately gave the South-West the opportunity to produce the president. Then, all the political parties gave their tickets to the Yoruba South-West because after the June 12 annulment of Chief MKO Abiola’s clear election, Nigeria was destabilized.

    But is Alex Otti not also from Ngwaland, from Abia South, like Okezie Ikpeazu?

    No, Otti is from Arochukwu. This strange story about his being an Ngwa man started in 2015 when he wanted to contest the governorship and realized that it has been zoned to Ngwaland. We all know that Dr. Otti is ‘nwa Mazi’ from Arochukwu. At best, he is a customary tenant in Ngwa land. But it is clear that Otti is the proxy of APC in Abia State.

    No, Otti is in APGA. He has never been in APC. He is the governorship candidate in Abia State.

    Yes, Otti is the proxy of APC in Abia State. He is a member of APC. His body and soul is in APC although he has not announced his membership of the party officially. But if by a stroke of wide magic the Supreme Court upholds the ruling of the Appeal Court and declares Otti as the governor, within 48 hours he will defect to APC.

    Is that the fear of the PDP?

    It is not the fear but we know that Otti has a pact with APC. You help me become governor and I will join you. Immediately after the presidential election, Otti went to the first NEC meeting of APC. For what? To seek assistance to become the governor. Don’t forget that one of his bosom friend and classmate or schoolmate, who is a serving minister and a former governor, is the person who facilitated this thing. Look, APC procured the Abia judgment for Otti. That is what is happening.

    Are you insinuating that the court was political?

    The judgment they gave was not based on any evidence before them. It was not based on law; it was not based on facts. So, to most people, this Abia Appeal court was biased. It was partisan. It is a primary issue in law that when a litigant tells the judges, my Lord, I do not think I will get justice before you; I do not want you to handle my case. It is primary that the said judge or justices should hands off. It is primary for you to hands off to show that you are not biased. But in this instant case, PDP complained from onset but the court refused and went on to give this judgment. So, the fear of the litigant has been justified and when you remember that in this same dispensation, some litigants wrote and made similar complaints about the composition of their panel and the judges listened and a new panel was set up.

  • Group condemns sack of Edo lawmaker

    Group condemns sack of Edo lawmaker

    A socio-political group, the League of Young Edo Professionals (LEYEP) has condemned the sacking of Gowon Jerry, the lawmaker representing Etsako West 11 Constituency in the Edo State House of Assembly.

    Jerry was sacked by the Court of Appeal based in technicalities and declared Sylvanus Eruaga of the Peoples Democratic Party winner of the election.

    The group described the court’s ruling as a miscarriage of justice.

    It said the sacking of the APC lawmaker based on technical issues and not on electoral malpractice or loss of votes was a disservice to the people of Etsako West 11 Constituency.

    A press statement signed by the group’s Secretary-General, Dr. Osatohamwen Nosakhare, the league said the people endured harsh weather conditions and intimidation from all areas to cast their votes for the APC candidate.

    Dr. Nosakhare said it stood reason on its head for the Election Petitions Tribunal to declare a candidate who garnered 4,001 votes winner against that of a candidate who polled 14,373 votes.

    The group noted: “The league of Young Edo Professionals finds it discomfiting that the Tribunal relied on mere technicalities to annul the 14,373 votes legitimately won by Mr. Jerry and gave victory to Mr. Sylvanus who polled a mere 4,001 votes.

    According to the statement, “While we admit that the APC may have erred as it failed to meet the required 21-day sent to INEC to hold its primaries, we make bold to say that the candidate who went through the full electoral process should not have been made to suffer the negligence of a few.

    “The reliance on technicalities to nullify the 14,373 votes freely given to Gowon Jerry by the good people of Etsako West 11 is therefore a travesty of justice.

    “It is disheartening that the PDP and its candidate are celebrating the nullification of votes freely given to another candidate when they should hide their heads in shame for the poor outing in the election and seek ways to worm themselves into the hearts of the people for the next elections.

    “The League believes that although the Courts have sacked the APC candidate, the PDP really has no moral right to claim a victory they could not win at the polls, but through court technicalities.”

  • ‘Victory at Court of Appeal, affirmation of God’s voice and peoples’ choice’

    Senator Babajide Christopher Omoworare representing Osun East Senatorial District and Chairman, Senate Committee on Rules and Business has described his victory at the Court of Appeal sitting in Akure, Ondo State on Wednesday in a petition filled by Mr Francis Adenigba Fadahunsi of the Peoples Democratic Party  (PDP) as an “Affirmation of God’s Voice and Peoples’ Choice”.

    The Senator said he was grateful to God for the victory. “Yahweh, the Lord Almighty has continued to ordain my steps and has relentlessly fought my battles for me. I appreciate my party All Progressives Congress  (APC) for standing by me through thick and thin. I thank my Leader Asiwaju Bola Ahmad Tinubu and my Governor Ogbeni Rauf Adesoji Aregbesola for reposing confidence in me.”

    According to a statement signed by his Media Assistant Tunde Dairo, the Senator said “I most importantly dedicate this victory to God, the verdict is an affirmation of His voice; and I also dedicate our triumph to the people who gave us their mandate freely despite unprecedented violence and perpetration of electoral impropriety by PDP and it’s candidate. My Constituents, the good people of Ife Ijesa who voted en masse for me during the election, stood by me at the Electoral Tribunal and remained steadfast at the Court of Appeal.

    ” I applaud my witnesses  – APC faithful who testified despite intimidation, harassment and coercion. I say a big thank you to my very experienced legal team and I am grateful to the Judiciary for once again standing on the path of the truth and justice.”

    Omoworare assured Nigerians of quality legislation in the Senate.

    He however, urged  INEC and the judiciary to investigate, arraign, prosecute and bring to book characters that have criminally impinged the Electoral Act during electoral processes to serve as deterrent to others.

  • Court to deliver judgment in Saraki’s appeal Friday

    Court to deliver judgment in Saraki’s appeal Friday

    The Court of Appeal, Abuja is expected to deliver judgment on Friday in the appeal by Senate President, Bukola Saraki.

    Saraki, who is standing trial on a 13-count charge of false asset declaration before the Code of Conduct Tribunal (CCT), is appealing the tribunal’s decision to assume jurisdiction over his trial.

    The appellate court had, on October 16, after taking arguments from parties, fixed judgment for 2 pm on October 19, but failed deliver it on the ground that the judgment was not ready.

    The judgment was reserved indefinitely, with the court promising to communicate a new date to parties.

    It was learnt Thursday that notices were sent to parties informing them about Friday’s date.

    The delay by the Court of Appeal to deliver its judgment has stalled proceedings before the CCT, which has elected to await the appellate court’s decision before taking any further steps in Saraki’s trial.

    Listed as respondents in the appeal are the CCT, the Code of Conduct Bureau (CCB), the Federal Ministry of Justice and a lawyer in the ministry, Muslim Hassan.

    Arguing the appeal on October 16, Saraki’s lawyer, Joseph Daudu (SAN), urged the appellate court to set aside the entire proceedings before the CCT, including the charge before it.

    He argued that the CCT was not properly constituted on when it assumed jurisdiction to entertain the charges because it was made up of two members as against three, which is provided for in Paragraph 15(1) of the Fifth Schedule to the Constitution.

    Daudu contended that the provision of Section 28 of the Interpretation Act relied upon by the respondents to argue that the tribunal could validly sit with its Chairman and one other member, was a contradiction of the three-member provision in the Constitution.

    He also argued that the tribunal not being a superior court recognised by the Constitution could not exercise criminal jurisdiction.

  • Two Court of Appeal Justices among victims of Saudi Arabia stampede

    Two Justices of the Court of Appeal are among the hundreds of pilgrims who died in the stampede in Saudi Arabia.
    They are Justices Abdulkadir Abubakar Jega and Musa Hassan Alkali.
    Justice Jega was the presiding Justice of Abuja division, while Justice Alkali was of the Ilorin division of the Court of Appeal.
    It was learnt that they were in Saudi Arabia for the annual Holy Pilgrimage.
    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has sent condolence messages to families of the two late judicial officers.
    Media aide to the CJN, Ahurakah Isah said, in a statement issued Saturday evening, that the CJN commiserates, on behalf of the nation’s Judiciary, with “the Court of Appeal and the families of two Justices of the Court of Appeal who died during the unfortunate stampede last Thursday 24 September 2015 in Mina, Saudi Arabia while in the Holy Land to perform Hajj Pilgrimage.”
    “The Chief Justice of Nigeria said the death of the revered jurists is not just a huge loss to the Judiciary ,but Nigeria in entirety, adding that both men of the Bench have contributed immensely to the development of our jurisprudence.
    “The CJN, Justice Mohammed on behalf of the entire Judiciary in the country prayed the Almighty Allah to grant the soul of the departed Justices eternal rest and their families the fortitude to bear the irreparable loss.
    “Justice Mohammed expressed his personal condolences to the immediate family and relations as well as friends and associates of the highly respected jurists who will be greatly missed by the entire judiciary.
    “His Lordship urges members of the deceased families to be comforted by the knowledge that the departed jurists served their country with commitment, dedication ‎and honesty.
    “The CJN‎ prays that Almighty Allah will receive their soul and grant them al-janah,” Isah said.