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Tag: Supreme Court

  • 2019: CJN urges Judges to be wary of politicians’ antics

    2019: CJN urges Judges to be wary of politicians’ antics

    The Chief Justice of Nigeria( CJN ), Walter Onnoghen has asked judges to be wary of the antics of politicians to avoid being led into acts capable of ruining their reputation.

    Onnoghen noted that as the nation moves closer to its electioneering season, politicians have become desperate and would do to anything to attain power.

    He said: “Let me remind us that our salvation remains in our hands; so in the approaching frenzied political activities leading to the 2019 general elections, let us continue to watch the company we keep, the people we open our doors to lest we unwittingly open ourselves to ridicule and embarrassment as the politicians will do anything not necessarily legal, to have their way including destroying our hard earned reputation and integrity.

    “I therefore say to all of us, be strong, courageous, fair but firm. Stick to the constitutional provisions, the law and doctrine of precedents (stare – decisis) and you cannot go wrong.

    “Even when you are wrongly accused, as we very much are, be patient and remain assured that ‘truth crushed to the earth shall rise again the eternal years of God are hers.

    Onnoghen spoke in Abuja Thursday during the opening session of the Annual Justices of the Court of Appeal Conference.

    The CJN, who was silent on their names, said 14 new Justices have formally been appointed for the Court of Appeal.

    Onnoghen preached against corruption on the bench and urged judge to respect the decisions of the higher courts.

    He said: “As you may be aware, the National Judicial Council at it’s just concluded meeting, approved the elevation of 14 Judges to the Court of Appeal to fill in vacancies that had existed hitherto in the Court.

    “This will certainly help to reduce the work load for the Justices of the court, as well as help in your preparations as we approach election year in our country.

    “Your level of preparation, coupled with the determination of Mr. President, Mohammadu Buhari, GCFR to bequeath to Nigeria a legacy of credible election process, will guarantee the peace and stability we all desire.

    “The fight against corruption must be holistic. Consequently, we must address those issues that tend to distract the Judicial Officer, as well as removing from our midst, undesirable persons of questionable character.

    “It is my firm believes that if we identify and remove them at the lower courts, the appellate courts would have men of integrity, which in turn elicits confidence in the litigants who come before you.

    “I urge you to change your attitude towards your obligation to stare decisis. The benefits are far-reaching and far out-weigh the few and feeble disadvantages.

    “On Judicial precedents as it relates to election and pre-election matters, I want to remind us that the Supreme Court has decided in a number of cases that the principles of Judicial review such as Mandamus, Certiorari, Prohibition etc do not apply because election and election related matters, such as pre-election causes are suis generis.

    “There is an emerging trend whereby a party in a pre-election or election matter, after exhausting his remedies sometimes up to the Supreme Court still pursues a parallel cause of action under the guise of judicial review hoping that one of such parallel actions may succeed, thereby making the court to contradict itself resulting in great embarrassment to the system.

    “Much injustice is thereby created particularly in matters that may not get to the Supreme Court for correction.

    “Where, however, the matter gets to the Supreme Court and the right thing is done, much injustice would have been occasioned by not following the principles of stare decisis.

    “I am saying these because soon the tempo of political activities will pick up and some lawyers will stop at nothing in their effort to outsmart the Bench; so be very very careful and as I have always said, be on top of your game by mastering the principles of laws and facts relevant to the case or issues involved in the dispute so as not to allow legal practitioners to mislead you to the embarrassment of the Judiciary.

    “Always be consistent by following the principles of stare decisis and the law. If you stick to this simple piece of advice, you will not go wrong in your determinations/decisions,” Onnoghen said.

    The President of the Court of Appeal, Justice Zainab Bulkachuwa, who also confirmed the appointment of new Justices for her court, said those appointed were solely on merit.

    She said: “I would also like to seize this opportunity to straighten the fact on the ongoing process of elevation of Judges to the Court of Appeal.

    “It is strictly based on merit with particular preference for Judges who have distinguished themselves by the quality of their judgements in the lower courts and to fill in vacancies created by the death, retirement or elevation to the Supreme Court of our former justices.”

    Bulkachuwa, who spoke about the many innovations to be introduced into the court’s operations in the New Year, urged Justices of the court to shun corruption.

    She said: “Sometimes back, the Judiciary came under heavy attacks on allegation of corrupt practices.

    “As judicial officers, it is not enough to simply talk about corrupt practices but one must believe in the fight against corruption and we must work at it together.

    “I therefore, urge us all to eschew corruption and uphold best practices that will rekindle and bring back trust to the judicial arm of government.

    “Let’s not ask how corruption can be tackled; our main focus should be on what we can do as individuals, or collectively as a body to address this plague,” Bulkachuwa said.

  • Liberia’s Supreme Court lifts suspension on presidential run-off election

    Liberia’s Supreme Court lifts suspension on presidential run-off election

    The Supreme Court of Liberia has lifted its stay order on the country’s presidential run-off election earlier billed for Nov. 7.

    Ruling on an appeal for a re-run of the first round of elections held on Oct. 10, the apex court said evidence provided by the appellants was insufficient to grant their prayers.

    Opposition Liberty Party (LP) and the ruling Unity Party (UP) lodged the appeal after the Board of Commissioners of the National Elections Commission (NEC) dismissed their petitions for lack of evidence.

    LP led by Mr Charles Walker Brumskine, who came third in the Oct. 10 elections with less than 10 percent of the votes, took the lead in protesting the election results.

    The party claimed that the exercise was marred by massive irregularities and fraud, and thus fell short of the minimum standards of credibility.

    In its 4-1 ruling, the Supreme Court acknowledged that the first round of presidential and legislative elections were, to some extent, characterised by fraud, irregularities and disregard of the New Elections Law.

    But the court held that the appellants failed to establish that such malpractices were on a scale that warrants a rerun of the entire elections.

    Associate Justice Philip Banks read the ruling on behalf of the five-man Supreme Court Bench, according to local media.

    However, as precondition for the run-off election, the court ordered NEC to fully comply with the standards of publications of the voter register known as the Final Register Roll (FRR) in accordance with law.

    It also mandated the electoral body to conduct a full cleanup of the FRR to have it comply wit the provision of the law.

    The FRR is to be available in published hard copies to all Election Magistrates and polling places across the country in accordance with law prior to the conduct of the run-off election.

    NEC was also ordered not to allow anyone whose name is not in the FRR to vote during the runoff.

    The apex court noted that the FRR is the only electoral document that speaks to the eligibility of voters.

    “Poll watchers, who did not register at their places of assignment and those whose names are not in the FRR should not be allowed to vote,” the court ruled.

    It also prohibited the Chairman and members of the Board of Commissioners of NEC and other employees of commission from public utterances and pronouncements relating to any matter that may emanate from the run-off.

    Meanwhile, NEC is expected to announce a date for the second round, which would be between the two leading candidates, football icon George Weah and incumbent Vice President Joseph Boakai.(NAN)

  • Supreme Court to rule March 2 on Dasuki’s detention

    Supreme Court to rule March 2 on Dasuki’s detention

    The Supreme Court on Wednesday fixed March 2 next year for judgment on an appeal by former National Security Adviser (NSA), Col. Sambo Dasuki, challenging his alleged indefinite detention.

    The panel of five Justices, led by Dattijo Mohammed, gave the date after counsels to the parties in the case adopted their addresses.

    The ex-NSA had on June 15, 2016 at the Court of Appeal in Abuja, lost his bid to enforce his freedom after securing bails on all the charges against him.

    The News Agency of Nigeria (NAN) recalls that Dasuki is standing trial for allegedly mismanaging 2.1 billion dollars meant for purchase of arms to fight the Boko Haram insurgents.
    Dasuki’s counsel, Mr Joe Daudu, argued that the decision of the Court of Appeal was erroneous, adding that it was incumbent on the Supreme Court to restore the integrity of all courts.

    Daudu submitted that it was out of place for the court of appeal to scuttle the fundamental rights of a citizen after well-considered decisions of four courts that admitted the applicant to bail.
    He said that his client needed the bail to prepare his defence, adding that he could not have access to security documents while in detention.

    “My Lords, Dasuki is already being treated as a convict, even when none of the charges brought against him has been concluded.

    “We sincerely pray this esteemed court to do the needful by setting aside the decision of the lower court.

    “We also pray the court to momentarily halt the applicant’s trial until the Federal Government obeys the bail order of court,’’ Daudu said.

    Mr Rotimi Jacobs, counsel to EFCC, opposed the appeal, saying that it lacked merit and should be dismissed.

    He said the bail condition granted Dasuki was perfected on Dec. 29, 2015, adding that a warrant of release to that effect was served on the Comptroller of Prisons in Kuje, upon which he was released.

    Jacobs said the Federal Government had not violated his rights, adding that the applicant was only re-arrested by the operatives of the DSS over other fraud allegations.

    He said that it was unfair for the applicant to consider his re-arrest as a disobedience to court’s order on his bail.

    He said that no court bail was targeted at the DSS when granted.

    “The EFCC which put Dasuki on trial on criminal charges at the FCT High Court cannot be held responsible for the action of the DSS on the ground that the two agencies are different entities.

    “Besides, My Lords, the appeal court has said there was no existing order against the re-arrest of Dasuki.

    “Suffice to say that there cannot be a disobedience to a non-existing court order.

    “We pray the apex court to affirm the decision of the lower court which ordered the continuation of the applicant’s trial even while he remains in detention,’’ he said.

    Dasuki had approached Supreme Court praying it to set aside the decision of the Court of Appeal which exonerated EFCC from his re-arrest shortly after he perfected his bail conditions.

    He further asked the court to void the ruling of the Federal High Court.

    The trial court had held that DSS and EFCC were distinct agents of the Federal Government, which is the complainant in the charges against the applicant.

    Dasuki had alleged that such pronouncement had given the two agents of government handling the trial to act at variance and against justice.

     

  • Supreme Court rules on Dasuki’s detention March 2

    Supreme Court rules on Dasuki’s detention March 2

    The Supreme Court on Monday fixed March 2 for judgment on an appeal by former National Security Adviser (NSA), Col. Sambo Dasuki, challenging his alleged indefinite detention.

    The panel of five Justices, led by Dattijo Mohammed, gave the date after counsels to the parties in the case adopted their addresses.

    The ex-NSA had on June 15, 2016 at the Court of Appeal in Abuja, lost his bid to enforce his freedom after securing bails on all the charges against him.

    It is recalled that Dasuki is standing trial for allegedly mismanaging 2.1 billion dollars meant for purchase of arms to fight the Boko Haram insurgents.

    Dasuki’s counsel, Mr Joe Daudu, argued that the decision of the Court of Appeal was erroneous, adding that it was incumbent on the Supreme Court to restore the integrity of all courts.

    Daudu submitted that it was out of place for the court of appeal to scuttle the fundamental rights of a citizen after well-considered decisions of four courts that admitted the applicant to bail.

    He said that his client needed the bail to prepare his defence, adding that he could not have access to security documents while in detention.

    “My Lords, Dasuki is already being treated as a convict, even when none of the charges brought against him has been concluded.

    “We sincerely pray this esteemed court to do the needful by setting aside the decision of the lower court.

    “We also pray the court to momentarily halt the applicant’s trial until the Federal Government obeys the bail order of court,’’ Daudu said.

    Mr Rotimi Jacobs, counsel to EFCC, opposed the appeal, saying that it lacked merit and should be dismissed.

    He said the bail condition granted Dasuki was perfected on December 29, 2015, adding that a warrant of release to that effect was served on the Comptroller of Prisons in Kuje, upon which he was released.

    Jacobs said the Federal Government had not violated his rights, adding that the applicant was only re-arrested by the operatives of the DSS over other fraud allegations.

    He said that it was unfair for the applicant to consider his re-arrest as a disobedience to court’s order on his bail.

    He said that no court bail was targeted at the DSS when granted.

    Read also: Dasuki: Court declines request for arrest warrant against DSS’ DG

    “The EFCC which put Dasuki on trial on criminal charges at the FCT High Court cannot be held responsible for the action of the DSS on the ground that the two agencies are different entities.

    “Besides, My Lords, the appeal court has said there was no existing order against the re-arrest of Dasuki.

    “Suffice to say that there cannot be a disobedience to a non-existing court order.

    “We pray the apex court to affirm the decision of the lower court which ordered the continuation of the applicant’s trial even while he remains in detention,’’ he said.

    Dasuki had approached Supreme Court praying it to set aside the decision of the Court of Appeal which exonerated EFCC from his re-arrest shortly after he perfected his bail conditions.

    He further asked the court to void the ruling of the Federal High Court.

    The trial court had held that DSS and EFCC were distinct agents of the Federal Government, which is the complainant in the charges against the applicant.

    Dasuki had alleged that such pronouncement had given the two agents of government handling the trial to act at variance and against justice.

    NAN

  • Appeal Court affirms Olafeso as S’West PDP boss

    Appeal Court affirms Olafeso as S’West PDP boss

    The Court of Appeal sitting in Ado-Ekiti, the Ekiti State capital, on Monday granted an Interim Order staying execution of all orders granted by the Federal High Court, Ado-Ekiti restraining the Dr. Eddy Olafeso-led Southwest Zonal Executive from functioning.

    The three-man panel led by Justice Ahmad Belgore stopped all proceedings at the Federal High Court presided over by Justice Taiwo Taiwo pending the determination of the appeal.

    In granting the application for stay of execution of Justice Taiwo’s orders, the appellate court took cognizance of the pending application to commit Olafeso and his exco to prison for contempt scheduled to be heard at the Ado-Ekiti Federal High Court on 6th December.

    The court frowned at a letter dated 30th November, 2017 addressed to the Presiding Judge for the Ado-Ekiti Division, Justice Belgore, written by a factional Zonal Chairman, Chief Makanjuola Ogundipe, seeking the postponement of the hearing of the motion for a stay of execution brought by Olafeso.

    While Olafeso belongs to the Senator Ahmed Makarfi’s National Caretaker Committee, Ogundipe belongs to the sacked Senator Ali Modu Sheriff-led faction.

    The Supreme Court had on 12th July affirmed Makarfi-led exco as the authentic leadership of the party and removed Sheriff from office as the national chairman.

    Justice Belgore ruled: “All the orders and rulings of the lower court delivered on October 17, October 23, November 8 and November 27, 2017 have been stayed in the interim, meaning that those orders and rulings are of no value as from now and cannot be used anywhere having been rendered null and void and that all the proceedings at the Federal High Court have been stayed pending the interlocutory appeal that is before the Appeal Court.”

    The court, subsequently, adjourned further hearing on the appeal till 15th January, 2017.

    Ogundipe had in a suit number FHC/AD/CS/18/2017 averred that the Supreme Court judgment did not invalidate his executive claiming the verdict only affected the national body led by Sheriff.

  • Osun chieftaincy dispute: Supreme Court’s verdict on January 12

    The Supreme Court has fixed January 12 for judgment in the over eight-year chieftaincy dispute in Osun State on the appointment of a successor to the late Olufon of Ifon-Osun, Oba Olatoye Ilufoye Omotoyinbo II.

    The court chose the date last Tuesday after parties adopted their written briefs of argument in an filed against the March 3, 2011 judgment of the Akure Division of the Court of Appeal, which upheld the appeal by Alhaji Moroof Oladimeji Akintola.

    The appeal was filed on August 8, 2011 by Alhaji Maroof Adekunle Magbagbeola, Osun State governor, the Commissioner of Justice and Attorney General and nine others.

    According to court documents, the dispute arose from the state government’s handling of Magbagbeola’s appointment to succeed Oba Omotoyinbo II, who joined his ancestors on August 20, 2007.

    Akintola, who was dissatisfied with the process leading to the appointment of Magbagbeola, sued at the state High Court and prayed the court to, among others, void Magbagbeola’s appointment.

    In his deposition, Akintola averred that in line with Ifon-Osun’s tradition, the Olumoyero Ruling House, whose turn it was to produce a successor to the throne, nominated him (Akintola) and Magbagbeola for the kingmakers to perform the customary and traditional rites of determining who among the two nominees should succeed the deceased king.

    He said the head of Olumoyero family, Prince Lasisi Oyedokun, was, in line with tradition, required to present both nominees to the kingmakers to perform the customary rites of determining the actual successor.

    Akintola added that while they were waiting for the process to start, the governor and Attorney-General of the state allegedly appointed some individuals they named warrant kingmakers, who eventually appointed Magbagbeola to the throne, a choice the governor and Attorney-General later endorsed.

    He prayed the court to, among others, void Magbagbeola’s appointment and direct the parties to comply with the traditional procedure in the state’s Chiefs Law.

    Magbagbeola, the governor, the AG and nine others objected to the suit.

    They insisted, among others, that Akintola’s suit was wrongly initiated because he allegedly failed to exhaust the internal stipulations in Section 20 (1) and (2) of the Chief’s Law Cap 25 of Osun State 2003.

    They said the state government’s appointment of “warrant kingmakers” to conclude the nomination of a successor to the throne was informed by the traditional kingmakers’ inability to form a quorum.

    In a March 30, 2009 ruling, the state High Court upheld the preliminary objection filed by Magbagbeola and others and dismissed Akintola’s suit on the ground that it was not properly initiated.

    Akintola appealed to the Court of Appeal in Akure.

    In a March 3, 2011 judgment, the court allowed the appeal and ordered that the case be sent back to the High Court.

    It reassigned the matter to a new judge for it to be heard afresh, a decision Magbagbeola and others appealed against at the Supreme Court.

    In their appellants’ brief, Magbagbeola and others urged the Supreme Court to set aside the Appeal Court’s decision, which they said was arrived at without proper interpretation of Section 20 (a) and (b) of the Chief’s Law of Osun State, 2003.

    In his respondent’s brief, Akintola noted that the thrust of the appellants’ appeal was against a portion of the judgment, which states that the noncompliance with Section 20 (2) by a person aggrieved by the appointment of a chief is not fatal because the section does not provide a sanction.

    Akintola averred that he is not required to exhaust the administrative remedy provided by the law before suing in court.

    He said Section 20 (2) of the Chief’s Law was not applicable to his case.

  • Alleged N11bn fraud: Shema ‘s trial to begin Feb.13

    Alleged N11bn fraud: Shema ‘s trial to begin Feb.13

    A Katsina State High Court has fixed Feb 13, 2018, for mention of the case filed by Economic and Financial Crime Commission ( EFCC ) against ex-governor Ibrahim Shema, alleged to have misappropriated N11 billion state fund.

    Shema had challenged the jurisdiction of the High Court to hear the case but lost at the Court of Appeal in Kaduna.

    The ex-governor is now at the Supreme Court, which has fixed Nov. 8, to hear his appeal on the verdict by the appellate court.

    During the proceedings at the state High Court on Tuesday in Katsina, the defence counsel, Akinlolu Kehinde (SAN), prayed the court to adjourn the case, pending the outcome of the Supreme Court ruling on jurisdiction.

    However, the prosecution counsel, Mr Earnest Obunadike objected to the request by  the defence, urging the court to proceed with the trial.

    The judge, Justice Ibrahim Maikaita-Bako, who adjourned the case to Feb. 13, 2018, for mention, however, said the court might fix an earlier date, if the Supreme Court delivers its verdict before the adjourned date.

    NAN reports that the Katsina State Government had petitioned the EFCC accusing Shema of misappropriating about N11 billion during his tenure.

    NAN

  • Ex-Supreme Court Justice heads Alternative Resolution Committee

    Ex-Supreme Court Justice heads Alternative Resolution Committee

    The Benin Monarch, Oba Ewuare II, has named a retired Justice of the Supreme Court, Justice Samson Uwaifo, as chairman of the  the Benin Customary Alternative Dispute Resolution Committee (BCADRC).

    Other members of the committee are Prof. Gregory Akenzua, Chief Edionwere Oliha (the Oliha of Benin), Justice Samuel Elaiho (retired Justice of Edo State High Court), Justice Joseph Olubor (retired President, Customary Court), Mr. Daniel Inneh, Chief Abel Ehiogie and Surveyor James Amadin Osazuwa.

    Inaugurating the committee, Oba Ewuare II said the committee was to arbitrate, to mediate and resolve disputes among individuals and communities that voluntarily brings cases to them.

    Oba Ewuare II said he set up the committee because the people lost confidence in previous ad hoc committees used by the palace to settle disputes.

    The Royal father said members of the Committee were carefully selected based on their past records and respected sons of Benin Kingdom who have proven themselves in their field of endeavor.

    He stated the the present eight members of the Committee would be expanded to 12, and divided into two groups with five members each and two floating members.

    “If anybody is not satisfied with the decision of the committee, a window does exist for such person to see me to mediate,” he assured.

    In his acceptance speech, Justice Uwaifo, said the inauguration of the committee has heralded a new dawn dispute resolution in Benin Kingdom.

    He assured that the committee would give fair hearing and justice to litigants, saying that the Committee will do their best to justify the confidence reposed in them by the Monarch.

    On the part of the AIG Zone 5, Muhammed Abubakar Adamu, he assured the palace of the support of the police in ensuring sucess of the committee.

    He said the development would assist Benin communities as well as the police, as most cases brought before the police are supposed to be dealt with by traditional institutions.

    On her part, the Chief Justice of the State, Justice Esther Ikpomwen, said the establishment of the Committee will save the judiciary of time that could have otherwise been duplicated on cases that could have been resolved.

     

  • Supreme Court to hear Dasuki’s appeal on bail Jan 25

    Supreme Court to hear Dasuki’s appeal on bail Jan 25

    The Supreme Court has fixed January 25 next year for the hearing of an appeal by former National Security Adviser (NSA) Mohammed Sambo Dasuki.

    Dasuki’s appeal is against an earlier decision by the Court of Appeal, Abuja, dismissing his complaint that his continued detention by the Department of State Services (DSS) after the bail granted him by some courts was unlawful.

    Thursday at the Supreme Court, parties regularised their processes before a five-man panel of the court led by Justice Musa Datijo Mohammed. Joseph Daudu (SAN) led a team of lawyers for the appellant, while Rotimi Jacobs (SAN) led the team for the Federal Government.

    Dasuki, in his brief of argument, stated that on December 29, 2015 at the Kuje Prisons and shortly after perfecting the third bail conditions, the operatives of DSS abducted him to their custody without fresh charges thereby disobeying the court orders on the bail matter.

    He said sometime in 2015 he was arraigned before a Federal High Court in Abuja on charges of unlawful possession of firearms and money laundering.

    He claimed that based on his applications, he was admitted to bail on various conditions by the Federal High Court to enable him prepare for his defence and that he subsequently met all the bail conditions.

    Dasuki said he was thereafter taken to two High Courts of the Federal Capital Territory (FCT) on separate charges of money laundering, conspiracy and breach of trust. He said upon his application, the two trial judges – Justices Hussein Baba Yusuf and peter Affem – admitted him to bail to enable him prepare for his defence.

    He stated that the Community Court of the Economic Community of West African States (ECOWAS) in a 2016 judgment on his fundamental rights enforcement suit, ordered the Federal Government to effect his release. He said despite the judgment, he was yet to be released.

    He wants the Supreme Court to compel the Federal government to obey the orders for bail granted him by courts. Alternatively, he wants the apex court to stop his trial at both the Federal High Court and High Court of the FCT, pending when the government will allow him to enjoy the bail granted him.

    In a counter argument in its respondent’s brief, the Fed Govt wants the court to dismiss the appeal and uphold the decision of the Court of Appeal to the effect that his continued incarceration was not a violation of any pending order for his release.

    It argued that all orders in respect of the bail granted the appellant by the three courts have been obeyed.

  • Buhari, S/Court judges meet in Aso Rock

    Buhari, S/Court judges meet in Aso Rock

    President Muhammadu Buhari on Friday met with a delegation of the judges of the Supreme Court.

    The judges were led into the meeting by the Chief Justice of Nigeria, Justice Walter Onnoghen.

    The meeting, which began around 2:00pm, took place inside the Council Chambers of the Aso Rock Presidential Villa in Abuja.

    The meeting was still in progress at the time of filling this report.

     

     

     

    Details later…