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Tag: Court of Appeal

  • Onnoghen: Appeal Court ruling vindicates Buhari, says APC

    The All Progressives Congress (APC) has said that the decision of the Court of Appeal to okay the trial of suspended Chief Justice of Nigeria, Justice Walter Onnoghen, by the Code of Conduct Tribunal has vindicated his suspension from office by President Muhammadu Buhari.

    National Publicity Secretary of the party, Mallam Lanre Issa-Onilu said in a statement on Thursday that the Appeal Court has further advertised true credentials of the President through its ruling.

    Recall that when the President, acting on the directive of the Code of Conduct Tribunal (CCT) announced the suspension of Onnoghen, some opposition parties wrongly alleged an illegal action by the President and viewed the CCT as lacking jurisdiction.

    But the Court of Appeal had in a unanimous decision read by Justice Abdul Aboki dismissed the request brought by Onnoghen asking for a stay of proceedings in his asset declaration trial at the CCT ostensibly clearing any doubt about the competence of the CCT and the procedure that led to the suspension.

    Onilu said: “The APC had in the wake of the suspension insisted that the rule of law be upheld and allowed to thrive while Justice Onnoghen submits himself to the law.

    “The Appeal court ruling has further advertised the credentials of President Buhari as an unrepentant believer in the rule of law, due process and justice. Contrary to claims by the opposition and a section of the Nigerian Bar Association that the suspended CJN is a victim of persecution and that the law is not being followed in his arraignment.

    Read Also: Onnoghen: Court activities resume in Osun

    “The Appeal Court has now confirmed that Onnoghen’s trial at the CCT is indeed within the confines of the law. His suspension is therefore not prejudiced as being painted in some quarters since it was based on an order lawfully issued by the CCT.

    “The suspended CJN had adjudicated on many cases where he ruled that only the CCT is exclusively empowered to entertain cases on asset declaration. It may be tempting for a weak and self-serving leader to ignore these legal precedents, but not President Buhari. He is ever truthful, fearless, fair and just and a stickler to rules.
    “The APC is calling on the opposition to subject their criticisms to constitutional tests before polluting the public space with remarks, largely a product of political experience capable of bringing an incorruptible President to opprobrium. Issues of law cannot thrive where emotions and sentiment are the driving force.“

  • Updated: Diezani bribe: ‘Disgraceful’ INEC chiefs jailed seven years

    The Federal High Court in Lagos on Friday sentenced a former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr Christian Nwosu to seven years imprisonment.

    The Economic and Financial Crimes Commission (EFCC) arraigned him for accepting bribe from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke.

    Also sentenced to seven years was his co-accused, a former INEC official Mr Tijani Bashir.

    EFCC said the defendants conspired to directly take possession of N264,880,000, which they reasonably ought to have known formed part of an unlawful act – gratification.

    Nwosu, who had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results at his arraignment on April 5, 2017, changed his plea to not guilty when he was re-arraigned.

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification.

    He also concealed N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.
    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    Justice Mohammed Idris, who concluded the case despite being elevated to the Court of Appeal, had on Thursday held that the prosecution proved the case beyond reasonable doubt.

    The judge, however, could not pass a sentence on the defendants due to Nwosu’s absence due to Ill-health.

    Read Also; Court convicts INEC chiefs for receiving bribe from Diezani

    Handing the final verdict on Friday, Justice Idris sentenced Nwosu to seven years imprisonment on counts one and two, and five years on counts three and four.

    He sentenced Bashir to seven years on count five, and seven years on counts six, seven and eight.
    Justice Idris sentenced them both to seven years each on count nine.

    The judge also ordered the forfeiture of property in Asaba, the Delta capital worth N25million, as well as N5million cash seized from Nwosu.

    Bashir is also to lose his Abuja property.

    The sentences are to run concurrently, the judge held.

    Justice Idris said: “The convicts were officials of INEC and were expected to conduct themselves as impartial umpires in carrying out their activities.

    “I understand it to be the mission of INEC to serve as an independent and effective election management body that is committed to the conduct of free, fair and credible election for sustainable democracy in Nigeria.

    “These convicts by their conduct acted in breach of these objectives. Their actions were a disgrace to the institution and a threat to democracy.

    “INEC officials must be made to understand that their conduct must be within the ambit of the law and that anyone who breaches the law will be dealt with to the full extent of the law.

    “It must be understood that leadership and governance are serious matters that should be handed over to the most patriotic, best informed minds and the brightest brains for purposes of accountability, responsibility and prosperity of our nation.

    “This country must not be allowed to descend into anarchy, despondency and political infamy by the conduct of an official of government.

    “This country cannot afford an unhealthy electoral body as we go into the forthcoming election. INEC must note that this country deserves a credible election. Anyone that acts contrary to the law will be dealt with.

    “In this regard, the country only needs those with indomitable courage and impeccable political will to perform this duty and those who play ignoble role must be identified.

    “Evil communication, they say, corrupts good manners. In the light of the alocutus, the court will temper justice with mercy to the extent only permitted by the law.

    “Again, a strong message must be sent to INEC that the eyes of the world is on them. The entire nation is watching and those who decide contrary to their code of office will be identified.

    “When they are identified, they will be prosecuted and if found guilty will be punished severely.”

    Before the verdict, defence counsel Victor Opara had urged the court to temper justice with mercy, saying Nwosu was a first offender.

    He said the convict served in INEC for 35 years and is now 64 years and unwell.

    Bashir’s lawyer K.I. Marcus also urged the court to consider that his client is a single parent who lost his wife last October and is taking care of four children alone.

     

     

     

  • Trial of CJN: Court of Appeal orders CCT to stay proceedings

    The Court of Appeal in Abuja has ordered the Code of Conduct Tribunal (CCT) to “stay all proceedings” in relation to the charge pending before it against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    A tree-man panel of the court, led by Justice Abdul Aboki, gave the interim restraining order after hearing arguments on a motion by the CJN, seeking to stay further proceedings at the CCT pending the determination of his appeal.

    The appellate court said its order shall be in place until Wednesday when it plans to give ruling on the CJN’s motion.

    Justice Aboki said: “This ruling (on the CJN’s motion that was argued) is adjourned till Wednesday, January 30. The tribunal is ordered to stay all proceedings.”

    Arguing the motion, Wole Olanipekun (SAN), who led the CJN’s legal team, prayed the court to grant the applicant’s request for a stay in the proceedings before the CCT pending the determination of the appeal.

    The CJN is, by his appeal, challenging the competence of the order made by the CCT on January 14 this year, in which it elected to hear pending applications, which included the application by the CJN, challenging the tribunal’s jurisdiction and the application by the prosecution, seeking to compel Onnoghen to step aside pending the conclusion of hearing in the charge filed against him.

    Olanipekun told the Court of Appeal yesterday that the issue involved was jurisdictional, constitutional and that it also involves the judiciary.

    He said there was the urgent need for the appellate court to preserve the res (the subject of the dispute).

    Olanipekun further stressed that the situation deserves the court’s intervention.

    He said: “The subject is strong, unique and needs to be preserved.”

    Olanipekun took the court through the history of the case and all that has so far transpired at the tribunal.

    He told the court that the tribunal has refused to obey restraining orders issued against it by four different high courts.

    Olanipekun told the court that the tribunal said it was not bound by the fact that the CJN’s appeal was pending before the Court of Appeal and that the appellate court has even fixed a date for hearing.

    He prayed the court to order a stay of proceedings at the CCT “in the interest of the subject matter, the constitution and the institution of the Judiciary.”

    Olanipekun equally prayed the court for an accelerated hearing of the appeal.

    In his counter-argument, lawyer to the respondent (the Federal Government), Oyin Koleoso from the Federal Ministry of Justice urged the court to dismiss the motion.

    Koleoso argued that the motion by the CJN lacked merit. He noted that even if the appeal by the CJN succeeds, it cannot terminate the case before the tribunal.

    He added: “The grievances that led the appellant to initiate the appeal are no longer there. If their request is granted, how then would their application be taken?”

  • Appeal Court declares Donald Duke SDP presidential candidate

    The Court of Appeal in Abuja has declared ex-Cross River State Governor, Donald Duke as the presidential candidate of the Social Democratic Party (SDP).

    In a unanimous decision by a three-man panel, led by Justice Abdul Aboki, the court set aside the December 14, 2018 judgment of the High Court of the Federal Capital Territory (FCT) which had declared Jerry Gana the candidate of the party.

    The court awarded N500,000 cost against Gana and in favour of Duke.

    Gana, who came second with 611 votes, the SDP presidential primary held on October 6, 2018 had sued at the High Court of the FCT, challenging the competence of Duke’s participation in the primary in view of the zoning and rotation provision in the party’s amended constitution of 2018.

    Gana had contended that Duke, who came first at the primary with 812 votes, was not qualified to become the party’s presidential candidate because, by the zoning and rotation provisions in Article 15(3)(2) of the amended constitution, Duke, a southerner cannot be the presidential candidate while the party’s National chairman was also from the southern part of the country.

    According to Gana, under the amended constitution of the party, which provides for the zoning of the major offices including that of the national chairman and president, between South and North, and rotation among the six geo-political zones, a section of the country cannot produce both the national chairman and the president.

    In the lead judgment read on Thursday by Justice Aboki, the Court of Appeal held that as at when the SDP’s presidential primary was conducted on October 6 last year, the party’s constitution that was in operation was that of 2011/2012 which did not provide for either zoning or rotation.

    The court said although the party’s national convention adopted the amendment to the party’s constitution on October 6 last year, the amended constitution did not become operation until October 8, 2018 when it was registered with the Independent National Electoral Commission (INEC) as required under the Nigerian Constitution.

    The court said the FCT High Court ought not to have heard the suit filed by Gana because it was premised on a wrong understanding of the zoning provision in the party’s constitution.

    Read also: Reps pass bill to regulate peace-keeping for Armed Forces, others

    It further said the zoning and rotation provisions only apply to positions like the national chairman and president, but not presidential candidate. It said the provision could only be activated if the party’s candidate emerges as a president of the country.

    The court said it would have amounted to discrimination and a denial of constitutional guaranteed right for a member of a party to be prevented from contesting for a position solely because he is from a section of the country as the party’s National chairman.

    It said the trial court contradicted itself in its January 14, 2019 judgement when, after holding that the amended constitution of the party was not operational as at when all process leading to the presidential primary were concluded, went ahead to void the outcome of the primary.

    The appellate court wondered why Gana did not raise the issue before the conduct of the primary. It also wondered why Gana did not challenge the participation of the other three aspirants, who are all from the southern part of the country.

    The court, which held that Gana was bound by the undertaking he signed to abide by the outcome of the primary and to support the winner, only challenged Duke because he (Duke) won the primary.

    In his supporting judgment, Justice Emmanuel Agim, said Gana was seeking to achieve cheap victory, which he could not get at the primary.

    Justice Agim said having signed an undertaking, like every other aspirants, to abide by the outcome of the primary, it was wrong for Gana to have turned around to seek to contest the primary’s outcome.

    He said the conduct by Gana was responsible for why the nation’s political space was tense and violent prone.

    He said if political leaders learn to conduct themselves with decorum and civility, there will not be need for the unending litigation engaged in by them before and after elections.

    Both Gana and Duke were in court throughout the over three hours that the judgment lasted.

    Gana, who looked unhappy, bolted out of the courtroom immediately the court rose at the conclusion of the judgment.

    He failed to interact with anybody, not even the journalists, who sought his opinion.

    Duke, who was happy with the outcome of the judgment, greeted and hugged his supporters and friends who came to him after the proceedings.

  • CJN trial: Court of Appeal orders CCT to stay proceedings

    The Court of Appeal in Abuja has ordered the Code of Conduct Tribunal ( CCT ) to “stay all proceedings” in relation to the charge pending before it against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    A tree-man panel of the court, led by Justice Abdul Aboki, gave the interim restraining order after hearing arguments on a motion by the CJN, seeking to stay further proceedings at the CCT pending the determination of his appeal.

    The appellate court said its order shall be in place until Wednesday when it plans to give ruling on the CJN’s motion.

    Justice Aboki said: “This ruling (on the CJN’s motion that was argued) is adjourned till Wednesday, January 30. The tribunal is ordered to stay all proceedings.”

    While arguing the motion, Wole Olanipekun (SAN), who led the CJN’s legal team, prayed the court to grant the applicant’s request for a stay in the proceedings before the CCT pending the determination of the appeal.

    The CJN is, by his appeal, challenging the competence of the order made by the CCT on January 14 this year, in which it elected to hear pending applications, which included the application by the CJN, challenging the tribunal’s jurisdiction and the application by the prosecution, seeking to compel Onnoghen to step aside pending the conclusion of hearing in the charge filed against him.

    Olanipekun stressed, before the Court of Appeal on Thursday, that the issue involved was jurisdictional, constitutional, and that it also involves the Judiciary.

    He said there was the urgent need for the appellate court to preserve the res (the subject of the dispute).

    Olanipekun further stressed that the situation deserves the intervention of the court.

    He said: “The subject is strong, unique and needs to be preserved.”

    Olanipekun took the court through the history of the case and all that has so far transpired at the tribunal.

    He told the court that the tribunal has refused to obey restraining orders issued against it by four different High Courts.

    Read Also: CCT rejects orders stopping CJN’s trial

    Olanipekun told the court that the tribunal said it was not bound by the fact that the CJN’s appeal was pending before the Court of Appeal and that the appellate court has even fixed a date for hearing.

    He prayed the court to order a stay of proceedings at the CCT “in the interest of the subject matter, the Constitution and the institution of the Judiciary.”

    Olanipekun equally prayed the court for an accelerated hearing of the appeal.

    In his counter-argument, lawyer to the respondent (the Federal Republic of Nigeria), Oyin Koleoso (from the Federal Ministry of Justice) urged the court to dismiss the motion.

    Koleoso argued that the motion by the CJN lacked merit. He noted that even if the appeal by the CJN succeeds, it cannot terminate the case before the tribunal.

    He added: “The grievances that led the appellant to initiate the appeal is no longer there.

    “If their request is granted, how then would their application be taken?”

     

  • Supreme Court refuses to hear 14 pre-election cases

    The Supreme Court on Wednesday declined to hear about 14 pre-election appeals on the grounds that they were caught by the amendment to Section 285 of the Constitution which came into effect on June 7, 2018.

    The amendment to Section 285 of the Constitution required the trial court to determine pre-election cases within 180 days and gives the Court of Appeal and  Supreme Court 60 days each to determine such cases. It also provides that such appeals are filed with 14 days of the delivery of the judgment to be appealed.

    In the about 14 different rulings on Wednesday, two panels of the Supreme Court, headed by Justices Ibrahim Tanko Mohammed and Olabode Rhodes-Vivour, asked all the appellant lawyers, including Alex Iziyon (SAN) to withdraw their appeals.

    The court proceeded to strike out each of the appeals and refrained from making any consequential order. It said, since the appeals were caught by the alteration, the court no longer has jurisdiction to act on them or look into them, except striking them out of its list of case.

    The court said the effect of the 4th Alteration Act Number 21 was that all pre-election appeals that were not determined within the stipulated 60 days have become spent (no longer valid).

    The two panels, that sat on Wednesday,  were assigned to conduct “special court sitting”  to clear the courts list of all pending pre-election appeals relating to the 2015 elections, that were still pending before the court.

    Justice Tanko Mohammed, who headed the first panel, explained that the Supreme Court had, in its judgments on January 18 this year, in two pre-election appeals, dealt with all issues and questions relating the effect of the 4th Alteration Act and when it became effective.

    He said the judgments, which were in appeals: SC/307/2018 and SC/308/2018 formed the position of the court in all pre-election appeals and the question as regard when the amendment took effect.

    Read Also: Supreme court declares MCSN legal

    Justice Tanko Mohammed said “As it was the position of the court  in the two judgments delivered last Friday, the Supreme Court lacked the jurisdiction to hear any pre-election appeal that has stayed unheard at the expiration of the constitutional stipulated 60 days.”

    On whether the 4th Alteration Act, which was assented to by the President on June 7, 2018 could have retrospective effect, Justice Tanko Mohammed said the new law, being a procedural law, assumes immediate effect, a position Justice Rhodes-Vivour also echoed when he presided over the second panel.

    On what happens to the decisions of the lawyer courts, which formed the subject of the appeals, Justice Rhodes-Vivour said said the court lacked the jurisdiction to hear the appeals.

    He added: “We do not have the power to pronounce on what happen at the lower courts since we lacked the jurisdiction to hear your appeal.”

    Almost all lawyers to the appellants in the appeals expressed discomfort about the court’s position. They all also said they have not read the court’s judgments in SC/307/2018 and SC/308/2028, which the Supreme Court said contains its position and the current position of the law on the issue.

    Lazarus Undi, who appeared for the appellant, Hon. Benjamin B. Nungwa in the appeal marked: SC/112/2018 was particularly unhappy about the court’s position.

    He said his case was different because his client had anticipated the effect of the new amendment, filed the appeal with 14 days and wrote to the court’s registry that the appeals falls among cases that must be decided within 60 days.

    He said the delay in determining the appeal with the 60 days was on the part of the court and not the appellant, who acted within the stipulated days and took further step to write the court on the need to hear the appeal within 60 days.

    Izinyon (SAN) who represented the appellant in one of the appeals that was struck out, commended the court for “taking the bull by the horn in dealing with that issue (as it relates to the effect of the 4th Alteration Act on pre-election cases filed before it was assented to) at once”

    He noted that the court’s position may affect some litigants and lawyers negatively, but expressed optimism that it would benefit all in the long run.

    Some of the affected appeals included the one by Senator Atai Ali Aidoko against Air Marshal Isaac Alfa, marked: SC/1058/18, in relation to the dispute over who was the actual candidate of the People’s Democratic Party (PDP) in the 2015 election in Kogi East Senatorial District.

    The court also struck out a similar appeal filed in the name of the PDP against the Court of Appeal judgment, which upheld the judgment of the Federal High Court, upholding Alfa as the actual candidate of the party.

    Also affected was the appeal by Senator Umaru Dahiru and another against All Progressives Congress (APC) and others, marked: SC/92/2018 in which the appellant is challenging the candidacy of Governor Waziri Tambuwal of Sokoto State in the 2015 election.

    The court also struck out the appeal marked: SC/429/2018 filed by Wahab Abiodun and four others against Senator Monsurat Jumoke Aduke Sunmonu and another.

    Other appeals struck our are: SC/693/2017 filed by Sir Friday Nwanozia Nwosu against PDP and three others; SC/910/2017 by Rivers State Independent Electoral Commission and another against Hon. Augustine N. NGO and others and SC/112/2018 by Hon. Benjamin B. Nungwa and APC against Hon. Joseph Hemen Boko and the Independent National Electoral Commission (INEC).

    Also struck out are: SC/536/2018 by Barrister Ikenna Cyprian Uzokwelu against PDP, and  SC/1291/2018 by Anthony Itayi and another against Alhaji Abubakar Atiku Bagudu and two others.

  • Appeal Court affirms prisoners’ right to vote

    The Court of Appeal sitting in Bénin City has granted an appeal seeking to direct the Independent National Electoral Commission (INEC) to include names of Nigeria citizens in prisons in the country in its voters register.

    It however refused to grant a declaration that INEC should liaise with the Nigeria Prison Service to create a registration center at various prisons across the country.

    The appeal was filed by five inmates on behalf of other inmates in Nigeria prisons across the country.

    Those that filed the appeal are Victor Emenuwe, Onome Inaye, Kabiru Abu, Osagie Iyekekpolor and Modugu Odion.

    Justice S. Oseji who read the lead judgement on behalf of Justice Helen Ogunwumiju said the appellant could appeal the ruling.

    Speaking to newsmen after the court ruling, Counsel to the appellant, President Aigbokhan of the Initiative for Rural Development, Information and Legal Advocacy (IRDILA) urged INEC to commence immediate registration of inmates across the country for them to participate in next year’s election.

    Aigbokhan said they would appeal part of decision of the Court of Appeal.

    According to him, “Prison inmates have their community. Polling units should be located there.

    “One of our clients is the inmates in prisons. We believe they have a right to vote in an election so as to decide those who ultimately decide their future.

    “When franchise is given to them, attention will be focused there. Their situation and health conditions will be improved

    “In 2014, the Federal High Court granted our prayers that prisoners can vote but narrowed it to the four applicants in the suit even though it was stated there that those applicants were representing other inmates.

    “We went to the Court of Appeal and the court agreed that the judgement represent all inmates in the country. That INEC should with immediate effect collage the names of inmates and allow them to vote in 2019.

    “The judgment has disagreed that INEC should create polling units inside the prison. In 2015, the inmates are over 550,000.  All INEC need to do is to update their voter register and liaise with NGO as volunteers to help them. It is victory for Nigeria’s democracy.”

     

  • Appeal Court dismisses Evans’ suit challenging his detention 

    The Court of Appeal, Lagos division, Thursday dismissed a fundamental rights enforcement appeal filed by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.

    Evans, in the twilight of his arrest and detention, approached a Federal High Court in Lagos, challenging his arrest and alleged detention beyond the time allowed by law, his continued detention without trial or arraignment within the time allowed by law and his subjection to Media Trial by the Police.

    Read Also:‘Why kidnap attempt on Young Shall Grow Motors boss by Evans failed’

    But, on January 16, 2018, Justice Abdulazeez Anka held that Evans’ claims were not meritorious.

    Dissatisfied, Evans through his counsel, Mr Olukoya Ogungbeje, filed a Notice of Appeal dated January 29, 2018.

    But the Police, through its counsel, Inspector Emmanuel Eze of the State Intelligence and Criminal Investigation Department (SICID), Panti, Lagos, opposed him.

    Yesterday, a three-man panel of the appellate court, in a unanimous ruling delivered by Justice A.U. Ogakwu, upheld the lower court’s decision,

    “The appeal lacks merit and is hereby dismissed with no order of cost,” Justice Ogakwu held.

  • Breaking: Appeal Court upholds Dariye’s conviction

    …Reduces sentence to 10 years

     

    The Court of Appeal in Abuja has upheld the June 12, 2018 conviction of ex-Plateau State Governor, Joshua Dariye on offences of criminal breach of trust and criminal misappropriation.

    The court, in a unanimous judgement of a three-man panel, reduced his sentence of 14 years (in respect of criminal breach of trust) to 10 years, while the two years attached to his conviction on criminal misappropriation, was reduced to one.

    Read Also:Appeals by Dariye, Nyame: Court delivers judgment Friday

    By the Appeal Court judgement read on Friday morning by Justice Steven Adah, Dariye is now to spend 10 years in jail.

    He was convicted, for diverting Plateau State’s ecological funds, among others, to private use, by Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), in Gudu Abuja on June 12, this year.

     

    Details later…

     

     

     

  • Appeals by Dariye, Nyame: Court delivers judgment Friday

    The Court of Appeal in Abuja will Friday deliver judgments in the appeals filed by ex-governors of Taraba and Plateau states, Jolly Nyame and Joshua Dariye.

    The court heard the appeal by Nyame on September 25 this year and heard that of Dariye on October 2 this year.

    Read Also:Court dissolves 19-year-old marriage over wife’s adulterous lifestyle

    Nyame was, on May 30 this year, convicted and sentenced to 14 years imprisonment without an option of fine, by Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT) in Gudu, Abuja.

    Nyame was convicted on 27 out of the 41 counts charge, in which he was accused of diverting public funds estimated at N1.64billion. He was prosecuted by the Economic and Financial Crimes Commission (EFCC).

    Dariye was, on June 12 this year, convicted and sentenced to 14 years jail term by the same judge for diverting public funds to the tune of N1.126billion.

    Dariye who was governor of Plateau State from 1999 to 2007 and a current Senator, representing Plateau Central, was found guilty on 15 out of the 23 counts contained in the charge filed against him by the EFCC.