The Nation Newspaper

Tag: Supreme Court

  • Adamawa: Supreme Court upholds Nyako’s victory

    Adamawa: Supreme Court upholds Nyako’s victory

    The Supreme Court on Tuesday in Abuja declared Murtala Nyako of the Peoples Democratic Party as duly elected governor of Adamawa State.

    Delivering the judgment, Justice Clara Ogunbiyi held that the petitioner, Mr. Marcus Gundiri, of the Action Congress of Nigeria (ACN) could not prove the criminal allegation brought against the respondents.

    Ogunbiyi said the petitioner particularly failed to prove the allegation of substantial non-compliance in accordance with the Electoral Act.

    “When the petitioner discovered the complexity involved in proving the criminal allegation he asked the court for severance during the hearing.

    “The court, however, turned down the request as doing so would have amounted to assisting the petitioner to do his case.

    “It is the penal sincere disposition that the petition lacks credibility and merit, it is therefore dismissed.

    “The election of Governor Nyako is thereby upheld having been duly elected in the 2011 governorship election,’’ she said.

    The News Agency of Nigeria reports that the Independent National Electoral Commission and the PDP were the other respondents.

    Chief Charles Edosomwan (SAN), counsel to the petitioner, had asked the court to declare Gundiri the winner since the evidence before the tribunal proved that he (Gundiri) polled the highest votes.

    The petitioner, who was the ACN Candidate in the February 4, governorship election, had filed a petition before the State Elections Petition Tribunal over the declaration of Governor Nyako as the winner.

    Gundiri had alleged fraud by Nyako and thus wanted his victory overturned by the Tribunal.

     

  • Supreme Court to rule on Audu’s trial November 23

    Supreme Court to rule on Audu’s trial November 23

    The Supreme Court on Thursday in Abuja fixed November 23 for ruling on Prince Audu Abubakar’s application to discontinue his criminal prosecution in a high court in Kogi State.

    Justice Walter Onnoghen, who led other four justices, gave the date after counsel to the parties had argued the application.

    The Economic and Financial Crimes Commission had in 2006, filed charges against Abubakar to account for his tenure as Governor of Kogi State.

    The News Agency of Nigeria reports that the anti-graft agency had charged the ex-governor with embezzlement of state funds.

    Abubakar had, through his counsel, Chief Mike Ezokhome (SAN), appealed against the decision of the Court of Appeal, Abuja, which upheld his trial in a Kogi High Court.

    Ezokhome said the state high court lacked the jurisdiction to entertain a matter brought to it by the Attorney General of the Federation.

    He had argued that the lower court erred by transferring a case with federal jurisdiction to a state to be tried.

    “This process is entirely strange in law and we are urging the apex court to reverse the decision of the lower court,’’ he said.

    He said the purpose of the appeal before the Supreme Court was to confirm whether the high court had the jurisdiction to arraign the accused.

    “Until that application is decided, the accused cannot stand trial.

    “The court is not the court duly designated to hear criminal matters initiated at the instance of the EFCC and as such, lacks the competency to try same.

    “The charge is incurably bad and defective, having been brought by the Attorney-General of the Federation under both the federal and state legislation in a state high court,’’ he said.

    Counsel to EFCC, Chief Godwin Obla, had urged the court to discountenance the issues canvassed by the applicant’s counsel, adding that “the Court of Appeal was right to reject the reference drawn by the applicant.’’

     

  • CJN swears in two Supreme Court Justices

    CJN swears in two Supreme Court Justices

    The Chief Justice of Nigeria (CJN), Justice Alloma Mariam-Mukhtar yesterday swore in two Justices of the Supreme Court advising them to discharge their duties without fear or favour.

    They are Justices Kumai Bayang Akaahs and Stanley Shenko Alagoa.

    Justice Akaahs chaired the last Presidential Election Petition Tribunal after the suspension of the President of the Court of Appeal, Justice Isa Ayo Salami.

    He presided over the case between the Congress for Progressive Change (CPC) against President Goodluck Jonathan and the Peoples Democratic Party (PDP), which validated Jonathan’s victory in the 2011 poll.

    Justice Mukhtar urged them to exhibit the highest level of decorum, integrity, independence, intelligence, wisdom, impartiality and temperament in the discharge of their duties.

    “We have taken off on the threshold of a viable judiciary that will command public confidence,” she declared and implored the newly elevated Justices to be faithful to their oath of office and observe the code of conduct for judicial officers.

    The CJN reiterated her commitment to building a strong, virile and progressive nation on the principles of rule of law, justice and fair play.

    According to her, the two new Justices have exhibited the true qualities of a judicial officer, competent in skills and intellect and therefore worthy of elevation to the apex court.

    There are now 17 Justices at the Supreme Court.

  • Supreme Court dismisses Audu’s petition against Wada

    The Supreme Court yesterday dismissed an appeal by Prince Abubakar Audu challenging the victory of Governor Idris Wada of Kogi State in last year’s governorship election.

    It also struck out a separate appeal by the Action Congress of Nigeria (ACN).

    The court arrived at the decision after dismissing the application for the extension of time within which to file the notice of appeal.

    The appellants claimed they received a copy of the Court of Appeal’s judgment two days to the expiration of the time, thereby causing delay in filing the appeal.

    In a lead ruling by Justice Mahmud Mohammed, the apex court held that it lacked the jurisdiction to grant the application because the appellants failed to file the notice of appeal within 14 days.

    The judge held that the notice of appeal filed outside the time is incompetent, adding that granting the extension would contravene the practice direction. “I therefore hold that this court has no jurisdiction to grant the application sought.”

    The Supreme Court held that the failure to obtain the judgment of the Court of Appeal in time was not a reasonable ground to grant extension.It dismissed the application by Audu and struck out that of the ACN after it was withdrawn by its counsel, Muiz Banire.
    The Court of Appeal, Abuja, had held that it had no reason to interfere in the decision of the Kogi State Governorship Election Petition Tribunal that affirmed the election of Wada as the Governor of Kogi State.

    In the three-hour judgment, the court held that 74 of the 88 witnesses called by the appellants gave hearsay evidence, which no court would rely on.

    The Kogi State Election Petition Tribunal Chairman, Justice Suleiman Anbursa, had declared that the petitioners failed to prove their case beyond a reasonable doubt.

     

    He said the onus is on the petitioners to prove their case beyond a reasonable doubt, adding that the allegations cannot be substantiated.

    Justice Anbursa said the allegations of multiple voting, electoral violence, rigging and inducement of voters by the petitioners were neither here nor there, as the testimonies of the witnesses were contradictory.

    He added that whether by oral or documentary, the petitioners have failed to prove their allegations. He gave judgment in favour of the respondents.According to him, the petitioners could not also tender another result to show that they won the poll, by bringing forward another result to reverse the one declared by the electoral umpire.

    The tribunal chairman said based on the facts before them, they had no choice but to agree that the last governorship election complied with the electoral guidelines.