Tag: Court

  • Impersonation: Court adjourns ruling on bail application

    Impersonation: Court adjourns ruling on bail application

    Families of four persons who were arrested and remanded for impersonation wept and protested after Justice T. B. Adegoke adjourned ruling for bail application and trial till December 7.

    The suspects – Timilehin Akinwale, Olayinka Mustapha and Peter Okereke and Feranmi Adesuyi, were first remanded in prison in May, after they pleaded not guilty to the charges preferred against them.

    They were said to have committed the offence on February 15, 2023, at Aina Awaw International College, Ilu-Abo, Akure, by impersonating Folarin Damlola, Kazeem Imisi, Tijani Sheun and Sanusi Tunde.

    One of the family members, who pleaded for anonymity, lamented that their relatives might spend Christmas in custody.

    At the resumed hearing, the suspects were absent because the Correctional Centre did not produce them in court.

    Read Also: Appeal Court reserves ruling in Omo-Agege, Gbagi, Pela’s petitions

    Counsel to the defendants, Clement Falana and Austin Agbounghale, expressed their frustration over failure by officials of the Correctional Centre to produce their clients in the court. They said their clients have spent over six months in custody, and pleaded with the court to grant them bail.

    Prosecuting Counsel, Moses Osimhen, told the court that witnesses were present but lamented the absence of the defendants.

    Justice Adegoke adjourned till December 7, ruling for trial and bail application for the defendants. She also ordered a production warrant be issued to Nigeria Correctional Centre, Olokuta, Akure, to produce the defendants in court to enable her attend to the trail and bail application.

  • Octogenarian alleges vandalisation of property despite court order

    Octogenarian alleges vandalisation of property despite court order

    An 84-year-old claimant in a civil suit, Dr. Albert Ndulue, yesterday raised the alarm over the vandalisation of his property.

    He urged the Inspector-General of Police, Kayode Egbetokun, to investigate the circumstances of the destruction.

    The property is the subject matter of a case before an Ajah High Court in Lagos.

    The suit is numbered LD/6727/GCMW/2018 and is over a title claim on Plot 8, Block 24. Alma Estate, Lekki, Eti-Osa, Lagos.

    The defendants include NICON Trustee.

    On July 13 when the matter came up, Justice Ganiyu Safari noted that the plaintiff’s processes were not before the court.

    The claimant consequently filed a motion asking the court to set aside its ruling striking out the case.

    In the alternative, the claimant also sought an injunction restraining the defendants from relying on the ruling pending the final determination of the suit, which was re-filed.

    While the suit is still pending with the next hearing date fixed for December 12, the claimant alleged that some touts vandalised and stole assets from the building.

    According to him, the ceiling, roofs, windows, and electrical fittings were removed, while the entire building was damaged.

    Ndulue said that the property was legally purchased in 1991 when Alma Estate advertised for the sale of land, which he purchased and was allocated a plot in 1993.

    He said he had requested and acquired all necessary documents for the property, and in 2011, the management of the estate gave him all the necessary land documents.

    He said this was after a series of court actions, adding that he then proceeded to apply for and obtained the Lagos State governor’s consent, including the development plan

    According to him, in 2017, he discovered a notice pasted on his property that it was the subject of an interim order of receivership in suit No FHC/L/CS/1242//2017 before a Federal High Court in Lagos.

    Read Also: Delta guber: Appeal Court reserves ruling in Omo-Agege, Gbagi, Pela’s petitions

    He said the parties to the suit include NICON Trustee as the alleged receiver manager and one Mr Abah Onah.

    He said that the court eventually found the suit to be fraudulent and incompetent and dismissed it on June 18, 2018.

    Consequently, he began the development of his property to almost completion but in 2021 while away on medical vacation, he got a call from a neighbour that his property had been put up for sale.

    He said it was discovered that it was the same characters who were parties to the interim suit already dismissed by the court, that were responsible for the attempted sale of his property.

    The plaintiff said since then, it has been a thug of war, as hoodlums have recently invaded his property.

    According to him, these elements are still relying on the interim order of the court which had already been struck out as it was found fraudulent.

    He alleged that the other party had proceeded to Zone 2 Police Command to claim they got the final judgment to take over the property.

    Ndulue said all efforts to invite the police over the issue to hear his part of the story have been unsuccessful.

    He is urging the IGP to order an investigation into the destruction of his property.

    The retired gynaecologist said: “On Monday, the 10th of November 2023 when I visited my property, I met an entourage of thugs cannibalising my property that was 92 per cent completed and carting away windows, roofing sheets, electrical materials and other fittings and loading into a standby truck.

    “When I challenged them, they ran away and abandoned their truck. I went to Ilasan police station to complain but was told Zone 2 had directed Ilasan to stay clear of the matter.

    “When the destruction continued, I went back to llasan police state again seeking DPO’s intervention to stop further damage to the property.

    “Surprisingly, while we were discussing, the Ilasan DPO  told us that the AIG Zone 2 had instructed him not to send policemen to Alma Beach.

    “While we were there,  some armed policemen from D13, Zone 2  Zonal Command, Onikan, Lagos came to llasan and told the DPO that the AIG Zone 2 had requested to meet with both parties.

    “They took me to Zone 2 where we discussed with the AIG and two other interested persons who claim to be representing NICON Trustee.

    “All efforts to convince the AIG to send policemen to stop the thugs from cannibalising my property proved abortion.

    “He said he would only send policemen to maintain peace when we start fighting and then ordered us to leave his office.”

  • Court extends settlement time in Whitesand market case

    Court extends settlement time in Whitesand market case

    Lagos High Court sitting in Ikeja has extended the time for the Lagos Mainland Local Government to hold a reconciliation meeting and reach a settlement with the aggrieved traders from Whitesand Market, Otto, Oyingbo area of the state before the next adjourned date.

    Justice Akinkunmi Idowu, last Wednesday directed the parties to meet with each other and reach a settlement on the issues of demolition and reconstruction of the White Sand Market, Otto, or proceed with a trial of the matter.

    The respondents are the Lagos Mainland Local Government and the Attorney General and Lagos State Commissioner for Justice.

    During resumed sitting of the court,  counsel to the respondents, Tope Kolawole  told the court that they are yet to get feedback after they sent over their proposal of settlement to the claimants.

    Kolawole told the court that they gave their proposal of settlement “five or six weeks ago,” and after the last court date, they wrote the claimants through their counsel and also copied the court.

    He said, “The impression being given by the claimants is that they are not ready to settle.”

    He asked the court to permit them to move their motion of preliminary objection in light of the delay.

    However, the counsel representing the claimants, M. G. Quadri, told the court that the claimants were “very desirous of settling the matter.”

    Read Also: Sule calls for restraint ahead of the Appeal Court hearing

    Quadri said the claimants are still consulting among themselves before they send a reply to the proposal of settlement by the defendants.

    He pleaded with the court to give the claimants “more time;” and called the attention of the court to the large number of the claimants.

    Responding, Kolawole told the court that the defendants cannot wait for the claimants to reach a consensus as the case has been stuck at the stage of “settling for more than two months.”

    In his decision on the matter, Justice Idowu said the court will not ascribe any special status to the claimants.

    The trial judge said that the court will give more time to the parties to reach a settlement or kick-off hearing on the matter.

    He asked Quadri to file his Case Management Conference forms at the registry before the next adjourned date.

    Justice Idowu adjourned the matter to November 20, 2023, for further proceedings.

    The claimants, represented by Serifat Abeke Thanni, Alhaji Garba Malami and Orji Uke Onuoha, approached the court over allegations that the Lagos Mainland Local Government is moving to take over the White Sand market and demolishing its structures under the guise of reconstructing the market.

    The claimants filed the suit marked LD/70789CM/2022 against the Lagos Mainland Local Government and the Attorney General and Lagos State Commissioner for Justice as first and second respondents.

  • Court restrains NLC, TUC from proceeding with Nov 14 strike

    Court restrains NLC, TUC from proceeding with Nov 14 strike

    • Ajaero: I was beaten, dragged on floor by thugs
    • IGP orders investigation of alleged assault of NLC President

    The National Industrial Court of Nigeria (NICN) yesterday issued an order of interim injunction restraining members of the organised labour, including the Nigerian Labour Congress (NLC), the Trade Union Congress (TUC) and their affiliates, from proceeding with the strike they planned to commence on November 14.

    The President of the court, Justice Benedict Kanyip, issued the order while ruling on an ex-parte application brought by the Attorney General of the Federation (AGF) on behalf of the Federal Government and argued by Tijani Gazali (SAN), Acting Director (Civil Appeals), Federal Ministry of Justice.

    Justice Kanyip said the order shall subsist until the determination of a motion on notice for interlocutory injunctions equally filed by the AGF.

    The judge said the court is empowered under sections Section 7(1) and 19(a) of the NICN Establishment Act to hear such ex-parte application and grant such ex-parte order where a strike is threatened but yet to be commenced, as in this case.

    Justice Kanyip equally granted leave to the Federal Government to serve the restraining order and other originating processes filed in the suit, through substituted means, by pasting same at conspicuous places in NLC and TUC offices in Abuja.

    The judge also ordered the publication of the court documents in two national dailies.

    He subsequently reassigned the case to Justice Olufunke Anuwe (another judge of the court in Abuja) before whom a similar case was already pending.

    Gazali had, while moving the ex-parte application, prayed the court to grant the relief sought in view of the sensitive nature of the case.

    He noted that flights were disrupted in Abuja and other parts of the country on Thursday by members of the respondents (NLC and TUC), who were enforcing flight ban to Imo State.

    “People who had no business in Imo State were all affected and left stranded by the activities of members of the respondents,” Gazali said.

    He urged the court to grant the relief sought in order to restrain the respondents and prevent a possible breakdown of law and order, which will occasion further hardship on innocent and law abiding citizens.

    Meanwhile, President of the Nigeria Labour Congress, Joe Ajaero, has given an account of the recent physical attack on him by suspected thugs in Imo State.

    Ajaero said he was arrested by the police in Owerri, Imo State capital and handed over to thugs numbering seven, who beat him and dragged him on the floor like a common criminal.

    The NLC president gave the account at a press conference in Abuja yesterday.

    He said the NLC wrote to all the security agencies before they went to the state for a protest last week.

    The labour leader said he gave his itinerary to the Department of State Services on the day of the protest.

    Read Also: Afenifere disowns Adebanjo over Supreme Court judgment on Tinubu’s victory

    The NLC president said that workers who arrived at the venue of the protest around 7 am on that day were beaten up by thugs who also seized their phones.

    He said two workers of Television Continental were handcuffed and their cameras seized during the protest.

    Ajaero said he got there around 9am after he got the report of an assault on workers.

    The NLC president alleged that the police arrested him and handed him over to thugs.

    He said: “A police officer arrested me and handed me over to thugs. That was how they dragged me on the floor and took me to a bus. About seven people.

    “I can’t explain the beating I received. They tied my hands and eyes and dragged me on the floor like a common criminal.

    “They asked me to say my last prayers.”

    Ajaero said he is not a card-carrying member of any political party as alleged.

    He said: “He (Gov Uzodimma) said I am playing local politics. I do not know which one is local politics. I am not a card-carrying member of any political party in Nigeria.

    “And as a governor, he should be privileged to some classified information to say which political party I belong to. But I thank God that I am alive today.

    “Whoever has diverted the workers’ money has diverted blood money and has attracted generational curse.

    “I am not sure that anybody from my village is contesting for any election, not to talk of my family members.

    “I do not have any family members or whatever running for election. But they are free to run if they are interested. If I want to run for any office tomorrow, I will pick the form of any party.

    “There is no law that forbids a civil servant from contesting elections. The Appeal Court has also made it clear that you do not need permission for a protest or rally; you only inform the security.

    “There were some media organisations that their staff were humiliated on that day. Two TVC staff were handcuffed. Were they also playing politics? And the TVC has kept criminal silence about it.

    “Why has the NUJ not said a word about the humiliation of journalists?”

    He said the struggle to ensure that workers in Imo are paid would continue.

    The labour leader said not even his death would stop the struggle to ensure that workers who are being owed are paid their entitlements.

    “Not even my death could have stopped the struggle for the payment of those workers. If I had died in the process, the people that would take over would be more daring.

    “Any of the deputies here that would take over, would have been more decisive. So nobody is backing out; it is a question of allowing justice to prevail, and the people you are owing, you pay them.”

    The Inspector -General of Police (IGP), Kayode Egbetokun, has ordered investigation into the circumstances surrounding the alleged assault on the person of Ajaero.

    Egbetokun directed the Deputy Inspector General in charge of the Force Criminal Investigation Department to take over the matter with the primary objective of ascertaining the facts surrounding the incident.

    The investigation, the police boss said, will also address any ambiguities that may exist as the Police have been inundated with different versions of the incident, making investigations imperative to clear the conflicting accounts.

    A statement issued yesterday by the Force Public Relations Officer, ACP Olumuyiwa Adejobi, said: “The Nigeria Police Force understands the importance of transparency and accountability in maintaining public trust.

    “The IGP therefore assures the public, most especially the leadership of the organised labour, that a thorough and unbiased inquiry will be conducted to provide clarifications while urging organised labour and the public to remain calm, as he has personally intervened to address the issues surrounding this incident.”

    Adejobi, who said investigation had commenced, added that the Nigeria Police Force guarantees that it will be followed to a conclusive end and appropriate actions will be taken based on the findings of the investigation.

  • Eno defeats AA, AP guber candidates at Appeal Court

    Eno defeats AA, AP guber candidates at Appeal Court

    The Appeal Court Lagos Division, has dismissed two separate appeals against the election of Governor Umo Eno of Akwa Ibom State by the governorship candidates of the Action Alliance, Mr Akpan Jeremiah and that of the Accord Party, Engr Emem Coffie.

    In a unanimous decision of the three -man panel, the Appellate Court held that the case lacked merit, and that Pastor Umo Eno remains the validly elected Governor of Akwa Ibom State.

    The governorship candidate of the Accord Party, Emem Coffie had approached the Appeal Court, seeking that the judgement of the lower trial tribunal be upturned in his favour.

    The AP candidate and his party who were represented by their counsel, Chidi Nwachukwu argued that his client deserves to be declared the Governor as other candidates in the election, were not qualified to contest the election.

    Coffie maintained that the respondents did not present any witness, and as such their petition ought to have been upheld.

    In his brief of argument, Counsel to Governor Umo Eno, Paul Usoro, SAN, Counsel to INEC, Kolapo Kolade, SAN and Mofesomo Oyetibo faulted the claims by the appellants that 800 polling units recorded infractions, saying no effort was made by the petitioners to identify the 800 units, neither was there any attempt to bring witnesses from any of the said polling units.

    The respondents also told the court that the only witness the appellants brought, was the governorship candidate, Emem Coffie who admitted that he was only in his polling unit and after voting on the said date, went to his house.

    “Every evidence they gave, amounted to hearsay and that is why the lower court dismissed the case,” Mofesomo Oyetibo, Counsel to the PDP told the court.

    Read Also: Tinubu mourns death of Nigeria’s first female General at 84

    In the appeal filed by Akpan Abraham of the Action Alliance against the 15th September judgment of the Governorship Election Tribunal, he and his party had appealed against what they described as unlawful exclusion by INEC, but the respondents in their separate briefs urged the court to discountenance the appeal by AA as abuse of court process.

    The respondents argued that the suit constitutes pre-election matters bothering on internal party disputes, which the party itself failed to resolve before the elections.

    Delivering judgement on Friday, the Appellate Court in Lagos upheld the arguments of the respondents and dismissed the case as lacking in merit.

    Meanwhile, the Appeal Court also heard the appeal brought before it by the candidate of the All Progressives Congress, APC, Mr Akanimo Udofia and the candidate of the New Nigerian Peoples Party, Sen John Akpanudoedehe.

    The duo is challenging Pastor Umo Eno’s election on the premises that he was ineligible to contest in the 2023 elections. Judgments on the two additional appeals by APC and NNPP, are also reserved to a later date by the Appellate court.

  • Court voids laws on paymentof disputed tax assessment

    Court voids laws on paymentof disputed tax assessment

    Federal High Court in Abuja has voided some provisions of the Tax Appeal Tribunal (Procedure) Rules ( 2021), the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021), and the Federal High Court of Nigeria (Tax Appeals) Rules (2022) for being unconstitutional.

    The first provision voided by the court is: Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules (2021), which prescribes that an aggrieved person, challenging the tax charged by the Federal Inland Revenue Service (FIRS) or any relevant tax authority,  shall pay 50 percent of the disputed amount into any account so designated by the Tax Appeals Tribunal before such appeal could be heard.

    Read Also: Appeal Court reinstates lawmaker

    The second provision affected is: Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021), which prescribes that where a person intends to challenge an assessment served on him/her, he/she shall pay half of the assessed amount into an interest yielding account of the Federal High Court, pending the determination of the application/ proceedings.

  • Court rejects Apapa factional motion seeking to replace Imo LP candidate

    Court rejects Apapa factional motion seeking to replace Imo LP candidate

    A Federal High Court, Abuja, has declined to grant a motion ex-parte brought by Alhaji Lamidi Apapa-led faction of the Labour Party (LP) to stop Athan Achonu as governorship candidate of the Saturday’s election in Imo.

    Justice Inyang Ekwo, in a short ruling, refused to grant the prayer of the plaintiffs for an order of interim injunction recognising their candidate, Chief Joseph Ukaegbu, as validly elected standard bearer of the party.

    The development followed an ex-parte motion moved by counsel to the plaintiffs, Mohammed Mohammed, SAN, to the effect.

    Rather, the judge directed Mohammed to put the Independent National Electoral Commission (INEC), which is the sole defendant, on notice.

    “I am going to allow you to adopt it (the motion) but I will not grant it.

    “I am not granting you the application today as you have to bring them to court.

    “Let it be that they have been served and they are not in court,” the judge said.

    According to Justice Ekwo, I have studied the prayers on the motion ex-parte and also studied the averments in support.

    “I am of the opinion that I need to hear from the defendant (INEC) before making further Order on the motion,” he said, adjourning the matter until Friday for INEC to show cause.

    The News Agency of Nigeria (NAN) reports that the plaintiffs include LP; Alhaji Apapa (Acting National Chairman); Alhaji Lawal Saleh (Acting National Secretary) and Comrade Abayomi Arabambi (National Publicity Secretary).

    Others are Comrade Anslem Eragbe (National Youth Leader); Barr. Akingbade Oyelekan (National Legal Adviser) and Chief Joseph Ikechukwu Ukaegbu (Gubernatorial candidate, Imo State) as 1st to 7th plaintiffs respectively.

    Read Also: Apapa trains market leaders on recycling

    The plaintiffs, in the motion ex-parte marked: FHC/ABJ/CS/1357/2023, sued INEC as sole defendant.

    They had sought an order of interim injunction restraining INEC from “recognising any other person or persons laying claim to the LP gubernatorial ticket in Imo governorship election slated for 11th November, 2023 other than the plaintiff (Ukaegbu) who emerged from the primary conducted by the Alhaji Lamidi Apapa-led National Working Committee (NWC) of LP on April 16.

    They also sought an order of mandatory injunction directing or compelling INEC to recognise, upload and publish Ukaegbu’s name as LP governorship candidate in Imo, pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

    They equally sought an order of mandatory injunction directing INEC to upload Apapa and Saleh’s names as the acting national chairman and acting national secretary, including other Apapa-led NWC members, pending the pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

    (NAN)

  • Court cases are not won on public opinion, APC replies Obi

    Court cases are not won on public opinion, APC replies Obi

    The All Progressives Congress (APC) has faulted claim by Mr Peter Obi, the Labour Party (LP) candidate, that the Supreme Court judgment on 2023 presidential election was doctored in favour of President Bola Tinubu.

    Mr Felix Morka, the APC National Publicity Secretary said this in a statement in Abuja.

    “In his belated and grouchy reaction to the judgment of the Supreme Court dismissing his appeal against the electoral victory of President Bola Tinubu, Peter Obi, LP presidential candidate stated that the Supreme Court exhibited a disturbing aversion to public opinion just as it abandoned its responsibility as a court of law and policy.

    “At his press conference, Obi again blamed our democratic institutions, particularly the courts for not awarding him victory.

    “Not because he won the election, not because he proved his case in court as required by law, but because he is Peter Obi.

    ‘’Such haughty sense of entitlement seems to pervade Obi’s vitriolic attack on our institutions, his gross inability to distinguish between his warped version of public opinion and reality has been his greatest undoing throughout the electioneering season,’’ he said.

    Morka added: ‘’As someone who has previously benefited from the rulings of the Supreme Court on electoral matters, Obi’s acerbic attack on the judiciary only shows his arrogance and vainness.

    Read Also: Presidency lashes Obi for deriding Supreme Court

    ‘’When the same court decided in Obi’s favour and affirmed him as duly elected Anambra governor, it was a beacon of democracy, but the court has betrayed democracy now that it decided against him.

    ‘’It cannot always be about Obi, but about our country.

    ‘’Court cases are not won on public opinion, they are won on evidence and the law, you failed on both counts.”

    He added that although the APC welcomed Obi’s decision to engage in opposition politics going forward, he should do so maturely and constructively.

    (NAN)

  • Ondo court strikes out Akeredolu’s suit

    Ondo court strikes out Akeredolu’s suit

    An Ondo State High Court has struck out a suit filed by Ondo State Government and Governor Oluwarotimi Akeredolu over compilation of record of appeal.

    The claimants, had in the suit, dragged four registrars of the High Court, Deputy Governor Lucky Aiyedatiwa, Ondo House of Assembly, Speaker of the Assembly, Olajide Olamide and the Chief Judge of Ondo State, Justice Olusegun Odusola, claiming that the procedure of settlement and compilation of record of appeal for the hearing of the appeal filed by the deputy governor would infringe on their rights.

    Justice D. I. Kolawole struck out the case after the claimants applied to withdraw the suit, claiming that events had overtaken it.

    Counsel for the deputy governor, Ebun Adegboruwa, opposed the oral application to withdraw the suit.

    Read Also: Presidency lambasts Obi for aspersions on Judiciary, INEC

    He contended that issues had been joined by filing a defence to the suit and also a counter-claim.

    Justice Kolawole held that the rules of the court permitted the claimants to withdraw the suit and it was accordingly struck out.

    Adegboruwa urged the court to direct parties to maintain the status quo in order to preserve the subject matter of the suit pending before the court, but the application was opposed by Femi Emodamori, counsel for the House of Assembly.

    Ruling on the application, Justice Kolawole directed the parties to continue to maintain the peace and adjourned the case till November 22, 2023 for hearing of applications.

  • Can Appellate Court rely on counsel’s personal record of proceedings?

    Can Appellate Court rely on counsel’s personal record of proceedings?

    Facts of the case:

    The Appellant was arraigned before the Federal High Court, Port Harcourt Court, on a six-count charge of conspiracy, forgery; and obtaining money under false  pretense, in that between January and December 2006, the Appellant conspired with others (now at large), to obtain money under false pretense, by collecting the sum of N25,356,000.00 (Twenty Five Million, Three Hundred and Fifty Six Thousand Naira) from commercial motorcycle operators (Okada), by holding out himself as the accredited revenue collector by the Rivers State Board of Internal Revenue; amongst other offences.

    He was alleged to have committed an offence contrary to, and punishable under Section 2 (a and b) of the Miscellaneous Offence Act, Cap. M17, Laws of Federation of Nigeria, 2006.

    The trial Court found the Appellant guilty and convicted him of the offences and sentenced him to 7 years imprisonment on each of the count, to run concurrently.

    ?Dissatisfied, the Appellant lodged an appeal to the Court of Appeal.

    Issue for determination:

    Whether failure of the trial Judge to include questions asked during Examination-in-Chief, Cross-Examination and Re-examination in the Record of Proceedings is a breach of Section 36(7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Appellant’s right to fair hearing/trial, and if so, is the entire proceeding before the Court is a nullity?

    Counsel’s Argument:

    The Appellant answered this issue in the affirmative and argued that the Courts have a duty to record proceedings which is regarded as a right towards fair hearing as enshrined in Section 36(7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    It was the submission of the Appellant that the trial Judge failed to record all the questions asked during examination-in-chief and cross-examination during proceedings, the trial Judge only recorded answers to the questions asked, this the Appellant challenged by an affidavit filed on 24 August 2020.

    The Appellant also submitted that the trial Judge omitted significant answers given by PW2 at Pages 279 -280 and 355 of the Record of Appeal.

    The Appellant relied on Anyanwu v. State (2002) LPLER-517(SC), and Oxford Advanced Learner’s Dictionary, 7th Edition Page 1364 to define the word “Scrupulously”, which means careful about paying attention to every detail and careful to be honest and do what is right.

    He said it is clear that the trial Judge did not scrupulously keep record of the proceedings. Relying on Candide-Johnson v. Edigin (1990) LPELR-20108(CA), the Appellant submits that the failure of the trial Judge to include questions asked during examination-in-chief and cross- examination in the Record of Proceedings is a breach of Section 36 (7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Appellant’s fair hearing and as such the entire proceeding before the Court is a nullity.

    The Appellant urged the Court to resolve this issue in his favour.

    Decision of the Court and

    reason:

    The court reiterated that the complaint of the Appellant is that what he took down in the course of the proceedings at the trial Court is not in the Record of Appeal.

    Does the Court work with Counsel Record or notes or what the Court below has in its record, which was duly transmitted by the Registrar of the Court? Their lordships relied on Yamo Nig Ltd v. Access Bank (2017) where the court had cause to say thusly: “Now, from the grounds supporting the application reproduced earlier, it is clear that the Applicants are challenging the Record of Proceedings. Parties are free to contend at one time or the other that the Record of Proceedings is not a true reflection of what actually transpired in Court.

    “This is usually referred to as a challenge to the Record of Proceedings and at that point, the party who raises such objection is duty bound to prove his contentions. It must however be noted that there exists in law, a presumption of regularity in favour of the Certified Record of Proceedings transmitted to this Court by the parties.

    “Any party challenging such Record of Proceedings is duty bound to prove such allegations. In other words, it is the sole duty of the party contending that the Record of Proceedings is not a fair record of what happened at the lower Court to formally impeach same.’’

    Read Also: Appeal Court upholds Orji Kalu’s election

    The Court was therefore reluctant to use the additional records which are simply the notes of Counsel as record in determining this appeal when the Record of Appeal has not been impeached according to law. And furthermore, the judgment cannot be a nullity on the basis of a record which has not been impugned and which is presumed correct and duly certified.

    Outrightly, the Appellant left out a significant step necessary in the process of challenging a Record of Appeal which is to serve the Court below.

    It was observed that the Appellant proceeded to compile and file Additional Record from his notes and not from the Registrar of the Court below. Even in doing so, he emphasised on the recording of questions asked as witnesses were taken.

    To learned Counsel, the trial Judge must record every question and answer given. The notes or recording of a Judge could be a summary of what transpired and not necessarily a word for word recording of the proceeding, the Court so held.

    The case of Udo v. State (2006) LPELR-3298 (SC), was relied upon, where the Apex Court in considering a similar complaint held: “A Judge is not enjoined to record every little detail of what transpires in a proceeding, whether criminal or civil.

    “The important thing is to record all those salient and relevant proceedings that are necessary to lead to a just determination of a case. The crucial requirement is substantial justice in the real sense of it, so much so that no miscarriage of justice is occasioned.

    “I agree that in a criminal case such as this, where the life of a human being is in jeopardy and at stake, a Judge cannot be too careful in his adjudication or compliance with the provisions of the law, but wasting time on procedure that does not lead to miscarriage of justice is not advocated.”

    This issue was resolved against the Appellant.

    Representation:

    Clifford N. Chuku – for the Appellant

    A.A. Ewas – for the Respondent

    Reported in (2021) Modern Weekly Law Reports (MWLR) pt 40, p 1681-1783. Modern Weekly Law Reports (MWLR is a publication of Doyen Law Publishers Limited.

    In the Court of Appeal

    Port Harcourt Judicial Division

    Holden at Port Harcourt

    On Thursday, 17 June 2021

    Before Their Lordships:

    Oludotun A. Adefope-Okojie, Jca

    Yargata Byenchit Nimpar, Jca

    Mohammed Baba Idris, Jca

    Between

    Edward Alex Hart

    And

    Inspector-General of Police

    (Lead judgment delivered by Honourable Justice Yargata Byenchit Nimpar, JCA)