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  • Abe: I knew Supreme Court would strike out my motion

    Nactional leader of the All Progressives Congress (APC) in Rivers State Senator Magnus Abe is not surprised that the Supreme Court struck out his motion seeking to validate his faction’s primaries because the Court wrote him a letter before the election, explaining that it will hear the pre-election matter after the conclusion of 2019 elections.

    Abe, who spoke on a television programme, said the Supreme Court had premised its decision to hear the pre-election matter after the 2019 elections on a petition written by the Rotimi Amaechi faction, which challenged the integrity of the panel hearing the matter at the time.

    According to him, the Supreme Court letter which implied a judgment, said a new panel would be constituted after the elections had been concluded.

    Abe said he understood the implication of adjourning a pre-election matter till after the elections.

    Read also: Supreme Court refuses appeal by sacked Kwara APC exco

    The Supreme Court had repeatedly declared the primaries and congresses of Rivers State APC null and void on the Premise of the judgment of Justice Chinwendu Nwogu. It was on the premise of that judicial pronouncement that the Independent National Electoral Commission (INEC) removed APC from the ballot for the general elections in Rivers State. The APC accepted its fate and declared an alliance with AAC during the elections.

    Abe said: “Because of the delay in hearing the matter, the Supreme Court actually wrote a letter to us, a week before the election, to say the matter could not be heard because the other faction had written a petition against the Judges.

    “Therefore, the Supreme Court had decided that the matter could only be heard after the elections, when a new panel had been constituted. As a lawyer, I read that to mean a judgment of the court as far as the issue was concerned. This was clearly a pre-election matter. The effectiveness of the pronouncement would have affected the party going into the election when the court wrote that letter; I saw it as a decision in itself.

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  • Supreme Court refuses appeal by sacked Kwara APC exco

    THE Supreme Court has struck out an appeal by members of the sacked executive of the All Progressives Congress (APC) in Kwara State, led by Ishola Balogun Fulani.

    A five-man panel of the Supreme Court, led by Justice Olabode Rhodes-Vivour, held in a unanimous ruling yesterday, that the appeal was without merit.

    Justice Olukayode Ariwoola, in the lead ruling, noted that the appeal, being on an interlocutory decision of a High Court in Ilorin, the record ought to be compiled and transmitted within 14 days, as required under Order 7 of the Supreme Court’s Rules.

    Justice Ariwoola held that the appellants, having failed to comply with the court’s rules when they transmitted the record of appeal outside the 14-day period, the appeal becomes incompetent.

    “The appeal is adjudged to be lacking in merit. It is struck out for being incompetent,” Justice Ariwoola said.

    Other members of the panel, Mary Odili, Centus Nweze and Amina Augie, agreed with the lead ruling.

    Read also: N6b fraud: Court orders trial-within-trial in Jang’s case

    The national leadership of the APC, led by Adams Oshiomhole had last year, sacked the Fulani-led exco, following the defection of the Senate President, Dr. Bukola Saraki, from the party to People’s Democratic Party (PDP) and constituted a caretaker committee, led by Bashir Bolarinwa, a decision members of the sacked exco challenged before the High Court in Kwara State.

    In its judgment, a High Court in Kwara State held in favour of the sacked Fulani-led exco, a decision that was later reversed by the Court of Appeal in Ilorin, prompting the appeal to the Supreme Court.

  • Rivers APC primaries: Supreme Court strikes out Abe’s case

    The Supreme Court on Monday in Abuja struck out an appeal filed by Sen. Magnus Abe, challenging the primary election conducted by the All Progressives Congress (APC) in Rivers state.

    Abe had prayed the court to make a pronouncement on the direct and indirect primary elections conducted by the APC for the nomination of its candidates for the 2019 general elections.

    The apex court struck out the appeal on the grounds that the notice of appeal filed by the Senator was defective and not in compliance with the order of the court.

    The acting Chief Justice, Ibrahim Muhammad held that the notice of appeal offended section 285 of the 1999 constitution.

    Muhammad said amendment cannot be done to the notice of appeal in view of the fact that the 14 days required by the law to file the appeal had expired.

    Abe had approached the court asking it to make clarification on which of the two primary elections was authentic in the eyes of the law.

    Read Also: Supreme Court to hear APC primaries appeals on April 8 and 11

    However, the APC through its counsel, Mr Jibrin Okutekpa(SAN) objected to hearing of the appeal arguing that names of persons affected by the suit were not listed on the notice of the appeal.

    Okutekpa said this made the appeal incompetent and incurably defective.

    The court rejected the plea by Abe’s counsel, Henry Bello that the omission he erroneously made should not be visited on his client.

    He added that the notice of appeal could not be refilled because the 14 days allowed by the law had expired.

  • Supreme Court to hear APC primaries appeals on April 8 and 11

    The Supreme Court yesterday adjourned hearing of four appeals on the Rivers State All Progressives Congress (APC) primary election till April 8 and 11.

    The court adjourned hearing in the matter for various reasons, but mainly for the absence of the Independent National Electoral Commission’s (INEC) lawyer.

    The appeals are those of Senator Magnus Abe against INEC and others; Tonye Cole against Abe; APC against the Peoples Democratic Party (PDP) and the APC seeking for consolidation on all the pending appeals.

    Abe is praying the court to make a pronouncement on the authenticity of the direct and indirect primaries on the nomination of candidates.

    He specifically wants the court to determine which of the two appeals is known to law and to be recognised by INEC.

    However, when the matter came up, Abe’s lawyer, Henry Bello, told the court of his motion seeking to amend his appeal. But the matter was stalled due to the absence of INEC’s lawyer who was the first respondent.

    Bello sought for an order to stand down the matter to enable the arrival of INEC’s lawyer, but the acting Chief Justice of Nigeria (CJN), Mohammed Bello declined.

    Read also: Politicians filed 736 petitions against 2019 elections

    Justice Bello, who presided over the matter, ruled that the apex court does not stand down matters for anybody or group.

    This, therefore, prompted the CJN to adjourn hearing till April 8 for the parties to present their cases.

    In the two other appeals by Tonye Cole, a factional governorship candidate and APC, Justice Bello adjourned hearing till April 11 to enable parties to file and exchange their processes.

    The acting CJN, who led a seven-man panel, also abridged time for the parties to file and exchange papers since pre-election matters are time bound.

    In the fourth appeal by the APC seeking a consolidation of all existing appeals relating to the primary election, the court adjourned hearing indefinitely for the party to regularise their processes.

  • Rivers APC primaries: Supreme court fixes April 8, 11 to hear 4 appeals

    The Supreme Court on Thursday adjourned hearing in the four appeals on Rivers State All Progressive Congress(APC) primary election, for nomination of candidates for 2019 general election, until April 8 and 11.

    The apex court adjourned hearing in the matter for various reasons, but mainly for the absence of the Independent National Electoral Commission’s (INEC) counsel.

    The appeals are; those of Sen. Magnus Abe against INEC and others, Mr Tonye Cole against Sen. Abe.

    Others are the APC against the Peoples Democratic Party(PDP) and the APC seeking for consolidation on all the pending appeals.

    Abe in his appeal, is praying the apex court to make a pronouncement on the authenticity of the direct and indirect primary elections by the APC, on Rivers nomination of candidates.

    The appellant specifically wants the court to determine which of the two appeals is known to law and to be recognised by the INEC.

    However, when the matter came up, Abe’s counsel, Mr Henry Bello, informed the court of his motion seeking to amend his appeal.

    Read Also; Supreme Court dismisses NSCDC’s appeal against judgment voiding sack of staff

    But the matter was stalled, due to the absence of the INEC’s counsel who was the first respondent.

    Bello sought for order to stand down the matter to enable the arrival of the INEC’s counsel but the acting Chief Justice of Nigeria (CJN), Mohammed Bello declined.

    The acting CJN who presided over the matter ruled that the apex court does not stand down matters for anybody or group.

    This therefore, prompted the CJN to adjourn hearing until April 8, for the parties to present their cases.

    In the two other appeals by Mr Tonye Cole, a factional governorship candidate and APC, Mohammed adjourned hearing until April 11 to enable parties to file and exchange their processes.

    The acting CJN who led a seven-man panel of the apex court also abridged time for the parties to file and exchange papers since pre-election matters are time bound.

    In the fourth appeal by the APC seeking a consolidation of all existing appeals, relating to the primary election, the court adjourned hearing indefinitely for the party to regularise their processes.

  • NIMASA, NLNG case: No appeal to Supreme Court, says SAN

    The Nigerian Maritime Administration and Safety Agency (NIMASA) has not received any notice from the Nigeria LNG (NLNG) Ltd seeking to challenge at the Supreme Court, the Court of Appeal decision in their levies case.

    NIMASA’s counsel, Lateef Fagbemi SAN, stated this following last Friday’s appellate court judgment setting aside a Federal High Court judgment which exempted the NLNG from levies imposed by the NIMASA.

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

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

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

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

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

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

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

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

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

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

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

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

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

     

     

  • Supreme Court to hear appeals on Rivers’ APC’s dispute April 4

    A seven-man panel of the Supreme Court has scheduled Thursday for hearing of the four appeals relating to the lingering intra-party dispute among members of the All Progressives Congress (APC) in Rivers State.

    The four appeals, it was learnt, are in relation to some interlocutory decisions of the lower courts on the dispute which has polarised the party and affected the outcome of its primaries.

    The Justice Ibrahim Muhammad-led seven-man panel adjourned till April 4 after addressing some preliminary issues on the appeals yesterday.

    The first of the appeals was filed by Magnus Abe and some others, with APC and the Independent National Electoral Commission (INEC) listed among the respondents.

    The court granted the motion by the APC, represented by Jibrin Okutepa (SAN), for permission to merge the different respondents’ briefs, earlier filed by the second to the thirty-fifth respondents, into a single brief.

    It rejected a similar motion filed by the appellants’ lawyer, Henry Bello, for leave to amend the notice of appeal.

    The court noted that the motion was defective because Bello failed to attach the old notice of appeal to the motion, as required. It noted that the lawyer only attached his proposed amended notice of appeal.

    Read also: Rivers: INEC to resume collation of of March 9 elections results

    It adjourned hearing till April 4 before which the appellants are to, within 48 hours, file their reply to the respondents’ brief of argument.

    The other appeals include one by APC, with PDP listed among respondents; another one by APC, with Abe and others as respondents and one by Tonye Cole, with Abe and 48 others as respondents.

    The three appeals were adjourned till April 4 to allow the formal service of hearing notices and all other processes on INEC, which was not represented yesterday.

  • Supreme Court dismisses NSCDC’s appeal against judgment voiding sack of staff

    The Supreme Court has dismissed the appeal by the Nigeria Security and Civil Defence Corps (NSCDC) against the July 18, 2016 decision of the Court of Appeal in Abuja, voiding its sack of 181 staff and ordering their immediate recall.

    In a ruling on Monday, the Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Mahammad struck out the appeal filed by the NSCDC against the earlier judgment by the Court of Appeal.

    Justice Muhammad, who led a five-man panel, held that the Supreme Court was without the jurisdiction to hear and determine the appeal

    He said by the provision of Section 248 (4) of the 1999 Constitution, all appeals emanating from the decisions of the National Industrial Court (NIC) are to terminate at the Court of Appeal.

    Justice Muhammad said: “In the circumstance, the appellant/applicant has reached its limit and the appeal is therefore, struck out. The matter has come to its finality.”

    Obono Musa and 180 others (the affected NSCDC officials) had sued the then Commandant-General, NSCDC before the NIC, alleging unlawful termination of their employments.

    They prayed the court to declare that the verbal and oral suspension of the claimants by the NSCDC was null, void and of no effect.

    The claimants also sought an order directing the defendants to recall all the claimants to work and to also release the original copies of their letters of employment to them.

    Read Also: I’m surprised by judgment of Supreme Court, says Jerry Gana

    They also asked for an order of the court directing the defendants to immediately pay them all arrears of salaries from 2007 till date.

    The NIC, in its judgment on March 19, 2015, ordered the NSCDC to reinstate the sacked workers, with their full emoluments, from the time they were illegally dismissed.

    It also ordered NSCDC to return the employment letters to the affected personnel and pay all arrears of their salaries amounting to about N1.2 billion.

    The court restrained the NSCDC from further tampering with the employment of the affected personnel.

    The NSCDC, and Immigration and Prisons Service Board (who were respondents at the NIC) appealed the judgment, but failed to diligently prosecute it.

    A three-man panel of the Court of Appeal, led by Justice Moore Adumein, in a judgment on July 18, 2016, upheld the respondents’ request and dismissed the appeal for lack of diligent prosecution.

    Reacting to the Supreme Court’s decision on Monday, Ibrahim Bawa, lawyer to the sacked workers, expressed delight about the outcome of the case. He said his clients had been exposed to hardship since 2007 when they were unlawfully sacked.

    Bawa urged President Muhammadu Buhari to impress it on the Commandant-General of the corps to without delay effect the decision of the apex court.

    He also said that the president might contemplate investigating the untidy manner the establishment was managed.

    The affected personnel of the NSCDC, most of who were not allowed into the courtroom, were jubilant on learning about the court’s pronouncement.

  • Supreme Court resumes hearing in Ekiti governor’s, Oni’s case today

    THE Supreme Court will today resume hearing in the case between the former All Progressives Congress (APC) Deputy Chairman (Southwest), Chief Segun Oni and Ekiti State Governor Dr. Kayode Fayemi.

    The panel hearing the case comprises Justices Musa Dattijo (presiding), Aba Aaji, Amina Adamu-Augie, Kumai Akaahs and John Okoro.

    The apex court is expected to resolve the issue of who is a public officer in the suit in which Oni is challenging Fayemi’s eligibility to contest the Ekiti governorship election on July 14, last year, on APC’s platform.

    Justice U.N. Agomo of the Federal High Court in Ado-Ekiti held that Fayemi was eligible to contest the election because as a minister (as he then was) he could not be described as a public officer as contemplated under Section 318 of the 1999 Constitution

    Last February 12, the Court of Appeal sitting in Ado-Ekiti upheld the verdict, saying: “It is clear from the foregoing the first respondent (Fayemi) as Minister of Mines and Steel, even though in the Public Service of the Federation, was not an employee in the Public Service. Therefore, Article 2 of the guidelines does not apply to him.”

    In his appeal before the Supreme Court, Oni is contending that the appeal court erred in its verdict.

    He noted that “the main task in this appeal is the application of mischief rule of interpretation in resolving the proprietary of a public officer like a Minister of the Federal Republic of Nigeria or any other public officer contesting a party primary or general election while still retaining his public office and thereby using all the advantages of that office to advance a political course to the disadvantage of every other co-contestant, who is not a public officer”.

    The brief added: “The appellant, who was the claimant at the trial court and the appellant in this appeal at the lower court contested alongside 31 others, including the first respondent (Fayemi), the governorship primary election of the second respondent’s party (APC). The said primary election to nominate the candidate of the second respondent was held on May 12, 2018, for the Ekiti State gubernatorial election, which was subsequently held on the July 14, 2018.

    “The said primary election was conducted in compliance with the provisions of the Electoral Act 2010 as amended and was expected to be conducted strictly in line and in accordance with the second respondent’s Constitution.”

  • Fayemi to Eleka: You are free to challenge my victory in Supreme Court

    Governor Kayode Fayemi of Ekiti State on Friday declared that he never regarded the  defeated governorship candidate of the Peoples Democratic party, Prof. Kolapo Olusola-Eleka as an enemy.

    Rather, he said the major opposition party was free to challenge his victory at any stage of the court, and make useful suggestions for smooth running of his government.

    Fayemi, however, said  Eleka and the  PDP were free to challenge his victory at the Supreme Court, in spite of his readiness to entertain contributions from the main opposition party.

    The governor spoke in Ado Ekiti on Friday at a programme tagged “Meet Your Governor”.

    Fayemi stated that he had never perceived Eleka as an arch enemy in spite of  the petition he filed against his victory in the July 14, 2018 poll.

    “I have never seen Prof Olusola Eleka as an enemy, but I have been seeing him as a co- contestant, so we won’t shy from approaching him to seek his advice on any issue we feel he could be of help for smooth running of our government.

    ” But this should not be misinterpreted to mean that we are trying to prevent him from seeking justice up to the supreme court; he is free to challenge us.

    “The Appeal Court, on Thursday delivered its judgment, declaring that  PDP has no evidence of rigging  against us, so we are not afraid of being challenged.”

    On the just concluded presidential, National and state assembly elections, which APC won wholesomely in the state, Fayemi denied the allegation that federal might and money were deployed to muzzle the opposition in the polls

    ” If you look at the outcome of the results, there was no local government where opposition did not score at least 30 percent in all the 16 local government areas
    “So, the conduct had been adjudged free, fair and the outcome was credible going by what INEC said,” he said.

    The governor added that his government would promote technical education to counter the rising unemployment in the state.

    READ ALSO: Updated: Appeal Court affirms Gov. Kayode Fayemi’s election

    “We feel that skill acquisition is good in view of what we are experiencing in the labour market.

    “We must be able to convert our love in education to wealth and that is what we are out to do.”

    We are also creating knowledge zone to make Ekiti a destination when it comes to knowledge and skills. About 117kms of roads will be constructed to link all the towns within that zone together.

    “They call it knowledge Park in advanced nations and we are studying how we can pattern our own model after any of the countries that are already practising the policy.”

    Fayemi added that he was committed to the re-establishment of the abolished Local Council Development Areas, the policy he initiated during his first term.

    He said the government would soon conduct council elections in the state to bring development to the grassroots.