Tag Archives: Appeal Court

Ex-Council Chairman Who Stole N1.4b Must Go To Jail, Appeal Court Rule.

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The Abuja Division of the Court of Appeal has dismissed the appeal by a former member of the Kogi State House of Assembly and former Caretaker Chairman of Ogori/Magongo Local Government Area of the state, Gabriel Daudu, against his conviction for a N1.4 billion fraud.

Mr. Daudu, who was arraigned before a Federal High Court, Lokoja by the Economic and Financial Crimes Commission (EFCC) on a 208-count charge bordering on money laundering and misappropriation of public funds, was found guilty of 77 counts by Justice Inyang Ekwo and sentenced to 154 years imprisonment.

In his ruling, the trial judge, held that the prosecution proved its case beyond every reasonable doubt, and therefore, sentenced Mr. Daudu to two years on each of the 77 counts to run concurrently.

Dissatisfied with his conviction, Mr. Daudu approached the appellate court praying that his conviction be set aside.

However, in a unanimous decision on Wednesday, the Appeal Court upheld the ruling of the lower court and dismissed Mr. Daudu’s appeal as unmeritorious and lacking in merit.

 

Source: Sahara Reporters

Trump loses again as U.S. Appeals Court rules against travel ban.

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The U.S. Ninth Circuit Court of Appeals on Thursday refused to reinstate President Donald Trump’s Executive Order, which temporarily banned citizens from seven countries into the U.S.

The three-member panel, in its unanimous ruling, upheld a February 3 decision by a U.S. District Court judge, James Robart, in Seattle, that halted the ban nationwide.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we, therefore, deny its emergency motion for a stay.

“The American people have an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination,” the judges – Michelle Friedland, William Canby Jr, and Richard Clifton – said in a 29-page unanimous ruling.

However, President Trump immediately indicated his intention to challenge the ruling at the Supreme Court.

“See you in court, the security of our nation is at stake,” Mr. Trump tweeted shortly after the ruling.

The Trump administration had appealed the ruling by Robart, and asked that the ban be reinstated.

The decision came six days after Mr. Robart froze the travel ban nationwide after challenges from Washington and Minnesota states.

Mr. Robart said both states had the right to challenge Mr. Trump’s order and were likely to succeed.

“The state has met its burden in demonstrating immediate and irreparable injury,” Mr. Robart said in his ruling.

The U.S. Department of Justice filed a notice of appeal on Saturday.

In a hearing on Tuesday at the Appeals Court the administration claimed that the ban was motivated by terrorism fears,and questioned the argument that it unconstitutionally targeted Muslims.

The president’s executive order banned entry for citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days.

It also put a 120-day hold on the general refugee programme.

Mr. Trump defended the ban as a important to national security.

However, the decision was met with protests across the country.

Source: NAN

Appeal Court Reserves Judgement On Rickey Tarfa’s Appeal

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The Court of Appeal, Lagos Division has reserved judgement in two different appeals filed by a Senior Advocate of Nigeria, Rickey Tarfa, challenging his trial for alleged age falsification and obstructing officers of the law from carrying out their duties.

The appellate court presided over by Justice Mohammed Lawal Garba reserved the two appeals for judgement after hearing arguments from the appellant’s counsel, Abiodun Owonikoko (SAN) and that of the respondent, Rotimi Oyedepo.

Mr Tarfa had appealed against the rulings of Justice Adedayo Akintoye and Justice Aishat Opesanwo both of the Lagos High Court over their refusal to quash the charges filed against him by the Economic and Financial Crimes Commission (EFCC) which is the respondent in the case.

The EFCC had initially filed a 27-count charge against the senior advocate before Justice Akintoye but through his lawyer, Abiodun Owonikoko, Mr Tarfa filed a preliminary objection and urged the court to quash the charges.

He claimed that the charge was defective and the EFCC had no statutory power to try him on the alleged offences.

He also argued that the proof of evidence supplied by the EFCC failed to support the charges.

But, Justice Akintoye in her ruling held that the objection lacked substance as the information filed before the court disclosed a prima facie case which must be addressed.

In refusing Tarfa’s claim that the charges amounted to a violation of his rights, the judge referred to provisions of the EFCC Establishment Act which imposed on the anti-graft agency “the statutory duty, obligation and mandate to investigate and prosecute all cases of economic crimes.

Justice Aishat Opesanwo on her part also dismissed Tarfa’s preliminary objection to the charge of obstructing officers of the law from carrying out their duties.

Dissatisfied, Tarfa appealed against the rulings and urged the Court of Appeal to declare the charge incompetent and allow his appeal.

The presiding judge, Justice Mohammed Lawal Garba has adjourned the appeals for judgement, adding that the judgment date would be communicated to parties.

 

Source: Channels TV

Appeal Court reverses death sentence on a man convicted of armed robbery

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The Benin Judicial Division of the Court of Appeal, has discharged and acquitted a convict on death row, Tony Ikhuobase.
In a unanimous judgment with suit number CA/B/237C/14 and delivered by Justice Chidi Nwaoma Uwa, and supported by Justices Hamma Akawu Barka and Boloukuromo Moses Ugo and made available to journalists in Benin, on Tuesday, the court dismissed the death sentence passed on Ikhuobase by an Edo State High Court.
Olayiwola Afolabi appeared for the appellant with the assistance of Efosa Odiase and Miss Ofure Asuma while Mrs V. U. Adeleye, Assistant Director, Litigation, Edo State Ministry of Justice, appeared for the state in the appeal.
An Edo State High Court had on April 4, 2014, convicted Ikhuobase, a man in his thirties, on two counts of conspiracy and armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap II Laws of the Federation of Nigeria, 2004.
Dissatisfied with the judgment, Ikhuobase approached the appellate court to reverse his conviction and sentence.
Justice Uwa described as “grossly erroneous” the lower court’s non-consideration of the doubt over the weapon that was allegedly used and declared, “the puzzling question that comes to mind is: is there a Juliet Iyamu in the first place and if there is, why did she keep away from the court?
“Further, the patrol team and youths who supposedly arrested the appellant did not also testify; no items allegedly robbed were recovered; no offensive weapon was recovered or shown to have been used by the appellant.
“Having said that, I said in resolution of the sole issue, I am of the firm view that the appeal is meritorious. Instead, I discharge and acquit the appellant,” Justice Uwa said before dismissing the case for lack of a chain of links to the appellant.
Speaking on the judgement, counsel to the appellant,  Olayiwola Afolabi said, “I identified a sole issue for the determination of the appeal. Did the prosecution prove the case against the appellant notwithstanding the absence of the complainant who did not testify at the trial?”

#OccupyNigeria: Appeal Court upholds 10 year jail term for DPO who killed Ademola Aderinto

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The Court of Appeal in Lagos, Thursday, upheld the judgment of a Lagos High Court sentencing a former Divisional Police Officer to 10 years imprisonment for the killing of one Ademola Aderinto during the January 9, 2012 protest against fuel subsidy removal in Lagos.

Segun Fabunmi, who served as the DPO of Pen Cinema Police Station in Agege, was found guilty of manslaughter by Justice Olabisi Akinlade of the Igbosere Division of the Lagos High Court.

The judge also convicted Mr. Fabunmi, who was dismissed as a Chief Superintendent of Police, guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, “thereby causing them grievous bodily harm.”

Killed while protesting
Killed while protesting

The trial of the former police officer, who joined the Force in 1984, began in 2013 at the high court where he was arraigned by the Lagos State Government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.

The trial began one year after Mr. Aderinto, 27, was buried at the Yaba cemetery amidst tears from his family and friends.

After his conviction by the high court, Mr. Fabunmi filed a notice at the Appeal Court in Lagos to challenge the judgment of the lower Court, and urged that it should upturned.

Mr. Fabunmi’s counsel, C.J Jiakponna, had specifically urged the court to allow the appeal and acquit the appellant.

On the other hand, the Lagos State Government represented by the State’s Attorney-General and Commissioner for Justice, Adeniji Kazeem, urged the court to affirm the decision of the lower court and dismiss the appeal for lacking in merit.

After considering the arguments canvassed by the counsel to the appellant (Fabunmi) and respondent (state government), the Appeal Court held that the issue of the identity of the deceased raised by the appellant was not material since it was not in doubt that the appellant shot the deceased.

The court specifically punctured the argument of the appellant saying that the defence of accident and self-defence would not avail the appellant because “these defences were mutually exclusive.”

“The appellant, being a seasoned police officer, could have reasoned to use rubber bullet, teargas etc on the mob rather than resorting to lethal weapon (AK 47),” the appellate court held, adding that the appeal lacked merit.

“The use of AK 47, a lethal weapon, convinced the lower court that the appellant had intention to cause grievous bodily harm and the defence of accident could not avail the appellant since there was clear evidence that he shot at the deceased and other persons.”

Appeal Court adjourns hearing on PDP leadership crisis

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The Abuja Division of the Appeal Court on Thursday adjourned its hearing in the ongoing leadership tussle within the opposition Peoples Democratic Party, PDP.

A three member panel of justices led by Ibrahim Salauwa gave the ruling following an application by counsel to former governor Ali Sheriff faction of the party, Akin Olujimi.

Mr. Olujimi had requested an adjournment by the court to allow the Port Harcourt Division of the appellate court conclude on a similar application.

He prayed the court to allow his application to prevent the emergence of contrasting judgements in the matter.

The counsel representing the Ahmed Makarfi faction, Emmanuel Ukala, opposed the application. Therefore, the appellate court sought a few hours adjournment after which it would listen to the arguments of both parties.

About 6 hours later, Mr. Ibrahim said the court would have to adjourn and fix another date to listen to the arguments.

He acknowledged the efforts of parties for their patience in waiting and said the case had been adjourned till December 15.

While the application at the Abuja Division of the appellate court was filed by Ahmed Makarfi faction of the PDP; the one filed at the Port Harcourt Division was by Mr. Sheriff.

Mr. Makarfi seeks to upturn the judgement of the Abuja Division of the Federal High Court which on June 29 declared his emergence as leader of the party a product of impunity.

Mr. Sheriff on his part asked the Appeal Court in Port Harcourt to nullify the judgement by a high court in the state, presided over by Ahmed Liman which validated the national convention where Mr. Makarfi was elected.

The Port Harcourt Division of the court gave no specific date for its next hearing during the last sitting on November 24.

Appeal Court orders new trial of former Lagos Speaker, Ikuforiji

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The Court of Appeal in Lagos, has set aside the ruling of a Federal High Court that cleared former Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji, and his aide, Oyebode Atoyebi, of money laundering charges.

The court in a unanimous judgment set aside the verdict of the trial judge, Ibrahim Buba, holding that the Economic and Financial Crimes Commission (EFCC) had made a prima facie case against the accused.

In the lead judgment delivered by Justice Biobela Georgewill, the court also ordered that the trial should start anew before another judge other than Justice Buba, in light of the far-reaching findings already made by him.

Other members of the three-man panel include Justices Side Bage and Ugochukwu Ogakwu.

Justice Buba, had on September 26, 2014, discharged Messrs. Ikuforiji and Atoyebi of a 56-count charge of conspiracy and laundering the sum of N500 million belonging to the Assembly.

The trial Judge, who discharged the Speaker and Mr. Atoyebi, while ruling on a no-case submission filed by the accused persons, held that the EFCC failed to establish a prima-facie case against them.

Dissatisfied with the ruling, the EFCC through its counsel, Godwin Obla, filed the Notice of Appeal dated September 30, 2014.

Mr. Obla asked the Court of Appeal to hold that Justice Buba erred in law when he held that counts two to 48 were incompetent because they were filed pursuant to Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which was repealed by an Act in 2011.

The EFCC further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011 only applied to natural persons and corporate bodies other than government.

The commission also submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the innocence of the respondents.

Justice Georgewill, in his lead judgment, held that the offences created by Section 1 of the MLA 2004 and 2011 respectively were strict liability offences.

The judge also said that their proofs do not depend on the purposes the money was used for if the amount was above the threshold stipulated by law.

“Regrettably, the court below went on a voyage of its own, discussing cash payment of million made to the Super Eagles in Brazil, even without any scintilla of evidence before it, instead of remaining focused on the issue at hand.

“Does the fact that all persons likely to have committed a particular alleged offence have not been prosecuted become a reason for the court to decline jurisdiction of one of them being prosecuted? certainly not.

“I consider many of the issues raised so randomly by the court below as irrelevant and inconsequential to the just determination of the question before it, which is, whether the appellant made out a prima facie case.

“Very worrisome to me, is the attitude of the court below, considering between the decision of this court and its own decision on which one to follow, even when its attention was called to the decision of this court.

“I find this attitude quite bizarre and not in sync with judicial attitude toward the time honoured doctrine of stare decisis. It is pure rascality, impertinence and disregard for judicial hierarchy in this country.

“In light of my finding above, I have no difficulty resolving the sole issue for determination in the negative against the respondents in favour of the appellant.

“I hold firmly therefore, that the appeal has merit and ought to be allowed; the ruling of the lower court is hereby set aside,” Justice Georgewill held.

Supreme Court Refers Sheriff, Makarfi Dispute Back To Appeal Court.

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The Supreme Court on Thursday referred back to the Court of Appeal, Abuja, all pending cases relating to the dispute over the leadership tussle between the Ali Modu Sheriff an?d Ahmed Makarfi factions of the Peoples Democratic Party.

 

The appeals which the apex court referred back to the Court of Appeal have to do with questions bordering on which of the factions of the party ?has the authority to instruct lawyers to represent the party in a pending case before Justice Okon Abang of the Federal High Court, Abuja.

 

The five-man panel of the ape?x court led by the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, also, in a separate unanimous ruling, struck out all pending appeals relating to the candidacy of the PDP for the Saturday’s governorship election in Ondo State.

 

Justice Onnoghen, who read the lead ruling, held that the pending appeals before the apex court had become academic in view of the judgment of the Justice Ibrahim Saulawa-led panel of the Court of Appeal, Abuja delivered on Wednesday, reinstating Eyitayo Jegede as the PDP’s governorship candidate in the Ondo State election.

 

The Acting CJN informed parties to the appeals on Thursday that the apex court was not ready to hear the cases piecemeal.

 

He directed that the appellants should  raise the issues in their interlocutory  appea?ls in when they file substantive appeals which they wish to file against the  Court of Appeal’s judgment delivered on Thursday.

 

The appellants led by Biyi Poroye are the state executives of the Sheriff faction of the party in the various states in the South-West zone, are backing Jimoh Ibrahim, who was only removed and replaced with Jegede as the party’s governorship candidate in Ondo State by the judgment delivered by the Court of Appeal, Abuja on Wednesday.

 

The appellants’ lawyer, Mr. Beluolisa Nwofor (SAN), told the apex court on Thursday that he had not been able to file an appeal against the Wednesday’s judgment of the Court of Appeal because copies of the judgment had not been ready.

 

Governor Segun Mimiko addressing the press after the Court of Appeal handed his candidate victory

 

Just In: INEC obeys Appeal Court, declares Eyitayo Jegede PDP candidate.

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Ondo 2016: The Independent National Electoral Commission, lNEC, has replaced the name of Jimoh Ibrahim with that of Eyitayo Jegede as the Peoples Democratic Party, PDP, candidate for Ondo governorship election, scheduled for Saturday.

 

A statement signed by the Commission’s Secretary, Agusta Ogakwu, disclosed this on Tuesday in Abuja.

 

The News Agency of Nigeria reports that INEC’s decision is in line with the judgment of the Appeal Court which ordered it to replace Mr. Ibrahim’s name with Mr. Jegede as PDP candidate for Saturday’s election.

 

The Court of Appeal panel, led by Justice Ibrahim Salauwa, on Tuesday, set aside the ruling of Justice Okon Abang of the Federal High Court recognising Jimoh Ibrahim as PDP candidate in the Ondo gubernatorial poll.

 

Mr. Ogakwu said the decision of the Commission was in compliance with the judgment of the Court of Appeal over the party’s candidate tussle for Ondo governorship election.

 

“It will be recalled that in compliance with the Order given by the Federal High Court Abuja Division on October 14 (re-affirmed on October 27), the commission recognised Ibrahim as the PDP candidate for the governorship election.

 

“However, with today‘s judgment by the Court of Appeal, the commission hereby replaces Mr Jegede as the candidate of the PDP for the said election,” Ogakwu said.

 

She urged the people of Ondo to come out and exercise their franchise on November 26, in a peaceful manner .

 

“All the political parties and their candidates participating in the election are also enjoined to play by the rules and cooperate with INEC to ensure the smooth conduct of the election.”

Jimoh Ibrahim says ‘nothing to lose’ in Appeal Court ruling on Ondo.

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The candidate of the Ali Modu Sheriff faction of the Peoples Democratic Party, Jimoh Ibrahim, has reacted to Wednesday’s Appeal Court ruling sacking him as the party’s candidate in Saturday’s Ondo governorship election.

The Court of Appeal replaced Mr. Ibrahim with Eyitayo Jegede, candidate of the Ahmed Makarfi faction of the party.

But Mr. Ibrahim said he was certain of getting justice at the Supreme Court.

Mr. Ibrahim accused the incumbent governor of Ondo State, Olusegun Mimiko, of paying for the judgment with the state treasury.

“I have read the decision of the Court of Appeal delivered today.

“We have nothing to lose as the Supreme Court sits on the same case tomorrow.

“We shall get justice at the Supreme Court and if PDP wins Saturday election we shall have our four years mandate to rule Ondo State,’’ Mr. Ibrahim said.

Meanwhile, the Ahmed Makarfi-led faction has commended the Court of Appeal for its judgment.

Dayo Adeyeye, the National Publicity Secretary of the faction, said the judgment was proof that what transpired at the lower court was miscarriage of justice.

Mr. Adeyeye made the remark in a statement on Tuesday.

The Court of Appeal panel led by Justice Ibrahim Salauwa on Tuesday set aside the ruling of Justice Okon Abang of the Federal High Court recognising Jimoh Ibrahim as PDP candidate in the Ondo state guber poll.

The Appeal Court also ordered the Independent National Electoral Commission (INEC) to replace Mr. Ibrahim’s name with Eyitayo Jegede.

Mr. Adeyeye said the party appreciated the Nigerian judiciary for “standing behind truth as it affects the attempt by enemies within working in consonance with some jittery and desperate opposition members.’’

He said the aim of the enemies of the party was to thwart PDP’s participation in the Ondo State governorship election.

Mr. Adeyeye said the judgments delivered by the Supreme Court and that of the Court of Appeal had rekindled the hope of the common man in the judiciary.

He said: “This shows that justice might be delayed, but will surely come provided the oppressed refuse to give up on his rights.

“The judgment delivered by the Justice Salauwa-led Appeal Court Panel which returned the validly elected candidate of our party, to his rightful place was expected.

“It was expected because we were sure that the travesty of justice carried out at the lower court will in any sane society, not stand the test of time.’’

Mr. Adeyeye added that it was gratifying to note that all the seven issues before the Appeal panel as relates to the illegal substitution of the factions’ candidate, were decided in favour of Mr. Jegede.

“This goes to prove that what transpired at the lower court was a miscarriage of justice.”

Mr. Adeyeye expressed hope that the Independent National Electoral Commission (INEC) would toe the line of the Court of Appeal by postponing the Saturday election by a minimum of two weeks.

He said the postponement would allow the faction’s candidate to inform the people of the state his programmes for them through campaigns.

Ondo Election: Jimoh Ibrahim Reacts to A’Court Judgement, Heads to Supreme Court

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The Ali Modu Sheriff-led Peoples Democratic Party candidate, Barrister Jimoh Ibrahim has reacted to the court of appeal judgement ordering his removal from the INEC list for the Saturday’s gubernatorial election in Ondo state.

Mr. Ibrahim in a statement released shortly after the judgement said he is certain of getting justice at the Supreme Court saying the incumbent governor, Olusegun Mimiko paid for the judgment with the state treasury.

His statement below:

I have read the decision of the Court of Appeal delivered today. We have nothing to lose as the Supreme Court seat on the same case tomorrow. We shall get justice at the Supreme Court and if PDP wins Saturday election we shall have our four years mandate to rule Ondo State.

Let me advise you not to abuse anyone or fight over this one day ruling, which was paid for from the state treasury
Mimiko will not succeed himself with Jegede this is too sure.

We continue with our work and remain in our great party PDP.

I love the great people of Ondo state and i thank you all for continuous support

Jimoh Ibrahim OFR, CFR
2016 PDP Candidate for Governorship Election Ondo state.

BREAKING: Jimoh Ibrahim sacked, Jegede is PDP candidate, Appeal Court rules.

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The Court of Appeal has sacked Jimoh Ibrahim as the candidate of the PDP in Saturday’s governorship election in Ondo State.

 

The court, therefore, ordered that Mr. Ibrahim be replaced with Eyitayo Jegede, who belongs to the Ahmed Makarfi faction of the party.

 

The Appeal Court set aside a ruling of the Federal High Court by Justice Okon Abang which declared Mr. Ibrahim the candidate.

 

All the objections filed by Mr. Ibrahim and his loyalists at the Appeal Court were also dismissed.

 

Details later…

Ondo: Appeal Court Delivers Judgment On Jegede Today.

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The Court of Appeal Special Panel on the Ondo State governorship poll has fixed 12noon on Wednesday (today) to deliver ruling on the tussle over who the candidate of the Peoples Democratic Party for the election will be The Eagle Online has reported.

 

The Supreme Court on Tuesday gave the Court of Appeal the go ahead to deliver the ruling.

 

The tussle is between Jimoh Ibrahim and Eyitayo Jegede.

 

The Independent National Electoral Commission had recognised Ibrahim as the candidate based on the ruling of the Federal High Court, Abuja.

 

The ruling was delivered by Justice Okon Abang.

Ondo PDP Crisis : Appeal Court may decide Jimoh Ibrahim, Jegede’s fate today

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The Court of Appeal will on Tuesday afternoon continue hearing in a case that will determine who the candidate of the PDP in Saturday’s governorship election will be.

Jimoh Ibrahim and Eyitayo Jegede, chosen by two different factions of the party, seek to be the candidate with Mr. Ibrahim currently recognised by INEC.

The Court may also decide who the rightful candidate is after hearing arguments from all parties.

Tuesday’s decision by the Appeal Court follows a Supreme Court ruling earlier in the day ordering the lower court to continue hearing the matter.

The Supreme Court dismissed an application filed by a factional leader of the PDP in Ondo State, Biyi Poroye, who is of Mr. Ibrahim’s faction.

Mr. Poroye, a factional chairman of the PDP asked the court to determine the jurisdiction of a panel set up by the Appeal Court President, Zainab Bulkachuwa.

The panel was created after a petition filed by Mr. Poroye’s counsel, Beluolisah Nwofor, accused the former panel led by Jummai Sankey of fraud.

Following that petition, the first panel under Ms. Sankey’s leadership withdrew their participation in the matter on November 1.

Days later, Ms. Bulkachuwa instituted the new panel, led by Ibrahim Salauwa.

But dissatisfied with the decision, Mr. Poroye, through his counsel, made another request demanding the dissolution of the new panel.

When that application was refused by the appellate court, he (Mr. Poroye) approached the Supreme Court to challenge the decision of the Appeal Court. He also prayed the highest court to compel the lower court to suspend sitting.

On October 18, the Appeal Court suspended its sitting till further directive was received from the highest court of law.

On Tuesday a five-member panel of the Supreme Court, led by the Acting Chief Justice of Nigeria, Walter Onnoghen, dismissed the application for lacking in merit.

The court also asked Mr. Nwofor to pay over N5 million as damages for abusing the panel at the appellate court.

BREAKING: Supreme Court orders continuation of Appeal Court hearing on Ondo election

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The Supreme Court on Tuesday ordered the Abuja Division of the Appeal Court to continue its hearing in the ongoing legal battle for the Ondo State’s Peoples Democratic Party (PDP) governorship ticket.

 

The Appeal Court had on October 18 suspended hearings into the various applications pending the decision of the highest court.

 

The applications were brought to the Appeal Court by a factional candidate of the party, Eyitayo Jegede, who challenged the decision of the Federal High Court in Abuja to replace him with another contender for the ticket, Jimoh Ibrahim.

 

While both candidates belong to the PDP, Mr. Jegede was picked by the Ahmed Makarfi faction of the party, and Mr. Ibrahim represents the camp of former Borno governor, Ali Sheriff.

 

A three-member panel of the appeal court led by Ibrahim Salauwa set aside the matter to await the decision of the Apex Court.

 

Applications regarding the forthcoming elections were taken to the Supreme Court by a factional leader of the party in Ondo state, Biyi Poroye, who represents Mr. Sheriff’s faction.

 

On Tuesday, a five-man panel of justices led by the acting Chief Justice of Nigeria, Walter Onnoghen, ordered the Appeal Court to proceed with the matter.

Ondo Guber: Jegede Calls For Calm Over Appeal Court Verdict

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The factional candidate of the Peoples Democratic Party (PDP) in the November 26, 2016 Governorship election in Ondo state, Eyitayo Jegede SAN has called for calm among his supporters following the decision of the Appeal Court Justices sitting on party’s governorship candidate tussle to adjourn its judgment earlier scheduled for today.

The three man appellate justices headed by Justice Ibrahim Salauwa had announced to the parties that some set of applicants who had before now submitted a petition against the previous panel, had again filed a motion against the new panel at the Supreme Court seeking to stop further proceedings in relation to all matters touching on the Ondo State PDP governorship candidature.

It would be recalled that the Court of Appeal had fixed Friday 18th November 2016 to deliver judgment in respect of an appeal filed by Eyitayo Jegede SAN against the decision of Hon. Justice Okon Abang of the  Federal High Court  Abuja which ordered the substitution of his name with that of Jimoh Ibrahim for the Ondo November Governorship Election.

Jegede in a statement by the Head of Media and Publicity of his Campaign Organization, Kayode Fasua said he was not unmindful of the fact that the temporary setback is the handiwork of some anti-democratic elements hell bent on truncating his mandate for the November 26, 2016 polls.

Credit:

http://leadership.ng/news/560143/ondo-guber-jegede-calls-for-calm-over-appeal-court-verdict

Ondo PDP Crisis: Appeal Court suspends hearing indefinitely

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The Abuja Division of the Appeal Court on Friday suspended all pending matters relating to the ongoing judicial battle for an Ondo State governorship ticket, pending the determination of applications at the Supreme Court.

A three-member panel of justices at the appellate court, led by Ibrahim Salauwa, gave the ruling in a brief session on Friday.

Mr. Salauwa noted that the matter had been affected by unfavourable motions from the applicants at the apex court; and the panel set up to address the crisis, under his leadership, would not want to further complicate the matter.

“We will await the decision of the Supreme Court in all the processes; no matter what they are worth.

“We hereby rule that this matter and other matters awaiting decision by this court are hereby adjourned sine-die pending the decision of the apex court,” said Mr. Salauwa.

The appellate court had planned deciding on the authentic candidate to represent the Peoples Democratic Party, PDP in the November 26 governorship election in Ondo State.

Two candidates, Jimoh Ibrahim and Eyitayo Jegede, both from the PDP had emerged from different factions of the party for the election.

While Mr. Ibrahim emerged candidate from the faction led by former Borno State governor, Ali Sheriff, Mr. Jegede was picked to be flag-bearer of the party from the camp led by Ahmed Makarfi.

The Federal High Court in Abuja, presided over by Justice Okon Abang had on October 14 ordered the Independent National Electoral Commission, INEC, to recognise Mr. Ibrahim as PDP’s flag-bearer in the election.

Mr. Abang’s decision was based on a previous judgement delivered by his court on June 29, where a faction of the PDP led by Mr. Sheriff was recognised as the authentic camp of the PDP.

Subsequently Mr. Jegede approached the appellate court with a request that it sets aside the decision of the lower court.

When the case was slated for hearing and determination on November 1, a factional chairman of the party from Mr. Sheriff’s camp, Biyi Poroye, accused the former panel led by Jummai Sankey of corruption leading to the introduction of a new panel led by Mr. Salauwa.

Dissatisfied with the decision of the Appeal Court President, Zainab Bulkachuwa in setting up a new panel, Mr. Poroye’s lawyer Beluolisah Nwofor asked that the panel be dissolved.

When the application was refused, he approached the Supreme Court to challenge the ruling of the appellate court and demanded that the Appeal Court stays proceeding pending his application at the apex court.

In his ruling on Friday, Mr. Salauwa said his panel had taken all its previous decisions in the interest of justice and felt it was only right to suspend sitting, given the current application at the apex court.

With Friday’s decision, Mr. Ibrahim remains the authentic candidate of the PDP for the election.

Lagos monthly environmental sanitation is illegal – Appeal Court

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The Appeal Court in Lagos has nullified the monthly environmental sanitation in Lagos State, saying it is illegal and ordered the Lagos State Government not to restrict people’s movement on that day.

The court which delivered its judgment at the weekend banned the state government from further restricting anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation as there is no written law to that effect.

Justice Ugochukwu Ogakwu of the Court of Appeal, Lagos Division held that in the absence of a written law prescribing the same, the governor’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month was unlawful, illegal and unconstitutional.

The suit was brought before the court by a citizen, Faith Okafor (Appellant) against the Lagos State Government (Respondent).

The court restrained the Lagos State Government and its affiliates from further arresting the anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution.

According to Justice Ogakwu, after due consideration of this appeal and the issues raised therein, “I have arrived at the inexorable conclusion that the appeal is meritorious. The same succeeds and is allowed by me. The Ruling of the lower court in Suit No. M/548/2013: FAITH OKAFOR vs. LAGOS STATE GOVERNMENT & ANOR. delivered on 1st July 2014 is hereby set aside.

“In its stead and for good order sake, judgment is hereby entered for the Appellant against the Respondents in the following terms: It is hereby declared that the arrest and detention and transportation of the Appellant in the back of a vehicle which is of a metal cage with very little ventilation and light “Black Maria” by officials and/or agents of the 1st Respondent (KAI Brigade) on 25th May 2013 for a purported environmental sanitation offence violates the Appellant’s fundamental rights to respect for the dignity of her person, personal liberty and freedom of movement as provided under Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is therefore illegal and unconstitutional.”

Justice Ogakwu declared that the purported trial and conviction of the Appellant for a purported environmental sanitation offence violates the Appellant’s fundamental rights to fair hearing as provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is therefore unlawful, illegal and unconstitutional.

The court further declared that in the absence of a written law prescribing the same, the 1st Respondent’s directive for people in Lagos State to stay at home and not to move about thereby restricting movement of persons in Lagos State within the hours of 7.00am to 10.00am on the last Saturday of every month is unlawful, illegal and unconstitutional.

“The Respondents are hereby restrained from further restricting the Appellant’s or anyone’s movement within Lagos State at any time or day whatsoever on the basis of environmental sanitation without there being a written law prescribing the same.

“The Respondents are restrained from further arresting the Appellant or anyone whatsoever on the basis of a purported environmental sanitation offence or trying anyone in the Special Offences Court without conforming to the dictates of the Constitution. The Appellant is entitled to the costs of this appeal which I assess and fix at N100, 000.00,” he ruled.

Appeal Court Declines To Rule On PDP Crisis

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A ruling of the Court of Appeal expected to be delivered on Tuesday afternoon has been suspended.

Court officials told journalists at the court premises that the ruling was suspended following a petition against the judges accusing them of bias.

No new date has been fixed for the ruling.

Two factions of the party led by former Kaduna State governor, Ahmed Makarfi, and former Borno State governor, Ali Sheriff, have for months battled in court over the leadership of the PDP.

As part of that battle, the faction led by Mr. Makarfi had approached the Appeal Court to seek nullification of previous decisions by a Federal High Court presided over by Okon Abang which has affected that faction’s candidate for the November 26 election in Ondo state.

Mr. Abang had on October14 given an order in furtherance of his June 29 decision where he had asked the Independent National Electoral commission, INEC, to recognise the faction led by Mr. Sheriff.

In his October 14 ruling, Mr. Abang nullified the listing by INEC of the candidate of Mr. Makarfi’s faction, Eyitayo Jegede, for the Ondo state governorship election.

The judge said the decision was premised on his June 29 judgement where his court declared as null and void the proceedings of the PDP convention which appointed a caretaker committee with Mr. Makarfi as chairman.

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N400m Scam: Metuh’s No Case Submission Fails At Appeal Court

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The Court of Appeal on Wednesday in Abuja upheld Federal High Court’s ruling which dismissed Olisa Metuh’s no case submission.
Metuh, a National Publicity Secretary of the Peoples Democratic Party (PDP), is standing trial on an alleged N400 million money laundering which he pleaded not guilty.
In their judgment, Justice Abdul Aboki-led two other justices, held that the appeal lacked merit.
Aboki said the trial court in Abuja led by Justice Okon Abang , was right in rejecting the no case submission.
“Having gone through the merit of the case, which includes the charge sheet, the court remains convinced that a prima facie has been already established.
“It is therefore our view that the applicant has some questions to answer given the nature of the offence.
“The court is much concerned with the action of the applicant when the sum of N400 million was transferred to his Diamond Plc., account,” Aboki said.
According to him, without attempting to go into the merit of the case, the trial court did raise some rhetorical questions around the transaction.
“What did the applicant do when he first noticed that his account was credited with such huge sum of money
“Whether Metuh alerted the Bank Manager or even reported the transaction to the police.
“Whether the applicant was aware of the source of the money to have come from the Office of the National Security Adviser, retired Col. Sambo Dasuki,’’ Aboki said.
The judge, however, said the above questions and many more others raised in the charge required answers to be provided to them by the applicant.
“This appeal is hereby dismissed for lacking in merit.’’
Aboki also threw out similar appeal filed by Destra Investment Limited against the decision of the trial court.
Metuh and his company are being tried on a seven-count charge.
At the completion of the prosecution’s case in April, rather than open their case, the defence entered a no case submission.
While the prosecuting Counsel, Mr Sylvanu Tahir, contended that a prima facie case had been established, the defence Counsel, Onyechi Ikpeazu (SAN) and Tochukwu Onwugbufor (SAN), objected.
They challenged the lower court’s reasoning in rejecting the application.

 

(NAN)

Saraki’s Trial: Appeal Court Fixes May 31 For Hearing

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The Court of Appeal, Abuja, on Monday fixed May 31 for the hearing of an appeal by the Senate President, Bukola Saraki, challenging the jurisdiction of the Code of Conduct Tribunal to try him on charges, including false and anticipatory asset declaration.

The Senate President is by his appeal challenging a March 24, 2016 ruling of the Danladi Umar-led CCT dismissing his application challenging the jurisdiction of the tribunal to hear the charges against him.

The Federal Government which is the respondent in Saraki’s appeal also filed a cross-appeal against the March 24, 16 ruling of the CCT.

A five-man bench of the appeal court led by Justice Abdul Aboki, on Monday fixed May 31 for the hearing of both the appeal and the cross-appeal following a request by Saraki’s lawyer, Chief Kanu Agabi (SAN), for a 14-day adjournment.

Kanu said he needed the adjournment to enable him to study the response filed on behalf of the respondent, the Federal Government.

Agabi told the court that he was just served with the final reply by the Federal Government with respect to its (the Federal Government’s) cross-appeal and would require time to look at it.

The lawyer, Mr. Henry Ejiga, who represented the Federal Government, did not object to Agabi’s application for adjournment.

The appeal court then fixed May 31 for the hearing.

Saraki’s earlier appeal aimed at ending his trial was dismissed by the Supreme Court in its judgment delivered on February 5, 2016, ordering him to submit himself for trial.

Mr. Rotimi Jacobs (SAN), who represented the Federal Government, had cross-appealed the tribunal’s ruling, arguing that the CCT failed to make findings on its argument that Saraki’s motion, was an abuse of court process.

Jacob contended, among others, that the issue of jurisdiction, having been resolved by the Supreme Court in an earlier appeal by Saraki, ought not to be raised again.

He argued that the apex court, having held in a judgment of February 5, 2016 that the CCT had jurisdiction to try Saraki, it (CCT) ought not to entertain another motion filed by Saraki challenging its jurisdiction.

Meanwhile, Saraki’s trial before the CCT resumes today (Tuesday) with his team of lawyers expected to resume their cross-examination of the first prosecution witness, Michael Wetkas.

On May 11, 2016, when proceedings were last held, Wetkas said his investigation team relied on information provided by the Presidential Implementation Committee on the Alienation of Federal Government Properties in reaching the conclusion that Saraki made anticipated asset declaration.

The Senate President is being prosecuted by the Federal Government in 16 counts including alleged breaches in the forms which the Senate President submitted to the Code of Conduct Bureau when he was the governor of Kwara State between 2003 and 2011.

 

Credit: Punch

Enugu Appeal Court Strikes Out Ekwunife’s Application, Insists On Rerun

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The Enugu Division of the Court of Appeal, Thursday refused to set aside the earlier judgement it delivered on December 7, 2015, in respect of the Anambra Central senatorial district.

 

It will be recalled that the Appeal Court had in its judgement delivered in favour of Victor Umeh of the All Progressives Grand Alliance, APGA, nullified the election of Uche Ekwunife of the Peoples Democratic Party, PDP.

 

The court based its decision on non-conduct of PDP primary in line with the electoral act.
However, based on recent Supreme Court judgements, which were at variance with the Appeal Court’s decision, Ekwunife approached the court praying it to set aside the December 7 judgement.

 

She equally filed a motion for injunction seeking to restrain the Independent National Electoral Commission, INEC, from conducting the rerun election.

 

But in a judgement by the 5-man Appeal Court justices, the court refused to grant the injunction.

 

It equally held that it cannot set aside its earlier judgement, maintaining that there must be an end to the case.

Tompolo Heads To Appeal Court, Challenges Arrest Warrant

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Former militant leader declared wanted by the Economic and Financial Crimes Commission has headed to the Court of Appeal seeking to set aside the warrant of arrest issued against him.

Government Ekpemupolo (also known as Tompolo) is also asking that the charges against him be transferred to a different judge.

“Meanwhile, his team of solicitors have been instructed to expedite the process of hearing the said appeal, at the earliest possible time,” Ebun Adegboruwa, Mr. Ekpemupolo’s lawyer, said in a statement on Sunday.

“He is a law abiding citizen who is only demanding that the Federal Government should show compliance with the rule of law and due process, in the filing and prosecution of any crime that may be alleged against him.

“The relevant law enforcement agencies are being notified with the details of the appeal, so that they may be well cautioned from taking undue advantage of the criminal charge to wreck havoc upon Gbaramatu kingdom or to harass the family, relatives, friends and well wishers ?of Tompolo.

Mr. Ekpemupolo and Patrick Akpobolokemi, the former Director? General of the Nigerian Maritime Administration and Safety Agency (NIMASA) are accused of a multibillion naira fraud at the agency.

Others charged alongside them are Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, Kime Engozu, Boloboere Property and Estate Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh.

Credit: PremiumTimes

Appeal Court Quashes Ex-Gov Nyako’s Impeachment

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The Yola Division of Federal Court of Appeal, Adamawa State, yesterday nullified the impeachment of Former Governor Murtala Nyako. The five Judges led by Justice Jumai Hannatu Sankey in a unanimous judgment, described Nyako’s impeachment as a high level of impunity, recklessness, rascality and a constituted gross of legislative powers by the Adamawa State House of Assembly.

The judges condemned in unequivocal terms the gross abuse of the legislative powers by the lawmakers to achieve orchestrated, premeditated and selfish motives. They averred that the impeachment of the former governor was a misuse of the powers and privileges of the legislature and declaring the impeachment as null, void and of no effect. Justice Tunde Awotoye while delivering his judgment, noted that the respondents took laws into their hands as they flagrantly abused the constitution of the Federal Republic of Nigeria to meet their whimsical and selfish desires.

Credit: vanguardngr

Appeal Court Sacks Abia Governor, Okezie Ikpeazu, Declares APGA’s Alex Otti Winner

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The Court of Appeal, sitting in Owerri, has removed Okezie Ikpeazu of the Peoples Democratic Party as governor of Abia State.

The court also declared Alex Otti of the All Progressives Grand Alliance  the winner of the April 11 and April 25 supplementary elections in the state.

Delivering judgment in an appeal filed by Mr. Otti, the five-member panel, headed by Justice Oyebisi Omoleye, said the APGA candidate scored 164, 444 valid votes to defeat Mr. Ikpeazu who scored 114, 444 votes.

The court declared that Mr. Otti was the winner of the April 11 and April 25 supplementary elections in Abia.

Justice Omoleye said the cancellation of the elections held in three LGAs of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers after the results were uploaded to INEC was wrong.

“In the Electoral Act, the Returning Officer has the right to only declare results of elections and not to cancel elections.

“This panel discovered that the earlier results uploaded to INEC headquarters correspond with the correct valid registered voters in the three LGAs, while that awarded to the respondent shows over voting and therefore null and void.’’

Credit: PremiumTimes

Appeal Court Nullifies Election Victory Of Yet Another PDP Senator

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The Court of Appeal sitting in Benin City, the Edo State capital has nullified the election victory of Senator Ighoyota Amori in the Delta Central Senatorial District.

The Peoples Democratic Party (PDP) Senator lost the seat to Ovie-omo Agege of the Labour Party on Sunday.

The five-man panel led by Justice Abba Aji upturned an earlier ruling in favour of Senator Amori and held that Ovie-omo Agege be sworn in as winner of the election into the upper chamber of the National Assembly.

With the Appeal Court’s judgment, there are two PDP Senators representing Delta State at the National Assembly.

Mr Agege is a former secretary to the Delta State Government and a Chieftain of the PDP until his defection from the part.

Credit: ChannelsTV

Appeal Court upholds Amosun’s victory

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The Court of Appeal sitting in Ibadan on Thursday upheld the judgment of the Governorship Election Petition Tribunal delivered on Oct. 23 in Abeokuta which upheld the victory of Gov. Ibikunle Amosun of Ogun.

 

The five-man panel of the Appeal Court headed by Justice H.M Ogunjimiju unanimously upheld Amosun’s victory and dismissed the appeal filed by Mr Adegboyega Isiaka of PDP.

 
Ogunjimiju held that Mr Benjamin Ibikunle, the Principal Witness for the appellant was not a credible witness, adding that his testimony could not be relied on by the court. She said that the evidence of PW9 was biased and could not be given any probative value because he informed the court that he was a member of PDP and could go to any length to ensure victory for his party.

 
The judge said that the report of the witness was inconsistent and that there was no doubt that he did not take part in the inspection of the electoral materials. Ogunjimiju said that the witness indicated to the court that he was not an expert while his testimony indicated an opinion of an expert
The panel said the court could not give any probative value to the testimony of the witness because he was not an expert. It said that only an expert opinion could be given probative value by the court, adding that the tribunal was right in dismissing the petition.

 
The panel said that there was no place that the number of voters exceeded the number of those accredited and that the election complied with the provisions of the Electoral Act. It said that the appeal lacked merit and dismissed it while declaring Amosun as the winner of the governorship election of April 11.

 

Credit : Vanguard

Appeal Court Sacks House Speaker

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The Court of Appeal in Abuja on Tuesday nullified the election of the Speaker of Akwa-Ibom House of Assembly, Mr Aniekan Uko, for non-compliance with provisions of the Electoral Act.

The appellate court panel of three judges presided over by Justice Moshood Oredola-Abdulrahman, ordered INEC to conduct fresh election in the state constituency – Ibesikpo-Asutan.

The court, which upheld the earlier decision of the Legislative House Election Petitions Tribunal for Akwa Ibom, said Uko of the PDP was not validly elected in the April 11 election.

It held that the election tribunal which sat in Abuja was right in nullifying the election of Uko on the basis of electoral violence and malpractices. After the judgment, Uko said he accepted the decision of the court in good faith. He said he would go back to the field to prepare for the re-run election.

Credit: Vanguard

Appeal Court Reserves Judgment On Taraba Speaker

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The Court of Appeal sitting in Yola, on Monday reserved judgment on the appeal filed by the Speaker of Taraba State House of Assembly Hon. Peter Abel Diah.

Diah had approached the Appeal Court to set aside the judgement of the Elections Petitions Tribunal which nullified his election victory under the banner of the Peoples Democratic Party (PDP).

The 3-man panel of judges of the Yola Appeal Court – Justice Jummai Hannatu Sankey, Justice U. Onyemenem, Justice Saidu Tanko Hussaini, called on the counsel to the Speaker and APC to deliberate and inform the court on the day they agree for judgement.

Speaking to reporters briefly after the court sitting, the counsel to the PDP, Barrister Solo Akuma (SAN) said that he was confident that the Appeal Court judgement would favour the embattled Speaker.

Credit: ChannelsTV

Appeal Court Upholds Saraki’s Election

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The Court of Appeal has upheld the election of the President of the Senate, Bukola Saraki as the lawmaker representing Kwara Central Senatorial District.

Saraki celebrated the victory via his social media platform while pledging that the 8th Senate will be people oriented.

“Delighted to hear Court of Appeal upheld my election as Senator representing Kwara Central Senatorial District.Thank you for all your support & prayers. Rest assured that I’m committed to making sure the 8th Senate is people oriented,”

he posted on his Facebook account.

Credit: Vanguard

Appeal Court Nullifies Senator’s Election

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The Court of Appeal in Enugu has nullified the election of Uche Ekwunife, as the Senator representing Anambra Central Senatorial District.

The court has consequently ordered a fresh election within 90 days.

Anambra Central Senatorial district is regarded as one of the most keenly contested in the country having a former Governor Chris Ngige, the National Chairman of the All Progressives Grand Alliance (APGA), Chief Victor Umeh and of course Mrs Ekwunife.

The appeal was filed by Mr Umeh of APGA. Delivering the judgment, Justice Datijo Yahaya said that the election of Mrs Ekwunife on March 28, 2015, did not meet the prescription of the Electoral Act.

Reacting to the judgment, Mrs Ekwunife said  she had accepted the court’s decision and was ready for the fresh election.

Mrs Ekwunife before the nullification of her election was the Chairman of the Senate Committee on Oil and Gas Downstream.

Credit: ChannelsTV

Appeal Court Upholds Kashamu’s Victory

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Court of Appeal sitting in Ibadan on Monday set aside tribunal judgment and declared Senator Buruji Kashamu of Peoples’ Democratic Party (PDP), winner of Ogun East Senatorial District seat.

 
Kashamu had challenging the judgment of the tribunal delivered in Abeokuta by Justice Tobi Ebiowel that ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in 110 polling units in the district.
Mr Dapo Abiodun of All Progressives Congress (APC), had challenged the declaration of Kashamu by INEC at the tribunal as the winner in the senatorial election of March 28.

 
The Court of Appeal chaired by Justice A.G. Mshelia, unanimously agreed that Abiodun did not lay a credible foundation for the admissibility of the documents tendered to the tribunal.

 
Mshelia said the tribunal was wrong for laying emphasis on the documents tendered by Abiodun and using it as a basis for nullification of election of some polling units.

 
He, however, nullified the judgment of the tribunal and declared Kashamu as the winner of the election

INEC Faults Tribunal’s Judgment On Rivers Guber Election, Asks Appeal Court To Set It Aside

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The Independent National Electoral Commission (INEC) has filed an appeal  against the judgment of the Rivers State Governorship Election Tribunal nullifying  the election of Governor Nyesom Ezenwo Wike.
The electoral body filed her appeal dated November 4, 2015 at the Court of  Appeal, Abuja Judicial Division on  November 5, 2015.

In a 12-grounds appeal filed on behalf of INEC  by her counsel, Dr. Onyechi Ikpeazu, SAN, the  electoral  body challenged the  entirety of  the tribunal’s judgment.

The  reliefs sought by INEC  in her appeal include: “an order allowing  the  appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit.”

According to INEC, the learned justices of the tribunal erred in law when it failed to evaluate the evidence of each of the witness called by the petitioners before reaching  its decision.

INEC stated: “The tribunal was obligated to making findings as to where elections were said to have held on the one part and where they were alleged not to have held on the other part.”

The electoral body further stated that the tribunal  erred when it resorted to generic declaration like “many instances,” when the justices were obligated to specify where the  evidence  elicited under cross examination enhanced the case of the first and  second  respondents.

The INEC further stated that the tribunal erred  when it used the testimonies of witnesses  who were not at polling  stations  to nullify  the Rivers  governorship election.

Credit: ThisDay

Wike Asks Appeal Court To Set Aside Tribunal’s Judgment Nullifying His Election

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Rivers State Governor, Nyesom Wike,  has filed an appeal at the Abuja   Division of the Court of Appeal,  asking the court to set aside the  judgment  of  the Rivers State Governorship Election Tribunal  which nullified  his election  on October 24, 2015.

In a notice of appeal dated November  3, 2015 and filed same day by his lawyer,  Mr. Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgment.

The governor is challenging the entire judgment.

He joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside and the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) as respondents.

He asked the court to allow the appeal and to make an order setting aside the judgment/decision of the  Rivers State Governorship Election Tribunal.

He further urged the Court of Appeal to make an “order striking  out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”

Credit: ThisDay

Appeal Court Removes Part Of APC’s Petition Against Wike

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The Court of Appeal sitting in Abuja, yesterday, expunged some paragraphs of the petition that led to the annulment of the April 11  governorship election that brought Governor Nyesom Wike of Rivers State to power.

In a judgment it delivered, a three-man panel of Justices of the Appeal Court headed by Justice Datti Yahaya, struck out portions of the petition alleging that security agents were used to rig the election in favour of Wike and the Peoples Democratic Party, PDP.

The decision of the appellate court followed an interlocutory appeal that was lodged before it by the APC and its governorship candidate in Rivers State, Dr. Dakuku Peterside.

Both APC and Peterside had gone before the court to challenge the ruling of the previous chairman of the Rivers State Governorship Election Petition Tribunal panel, Justice Muazu Pindiga, which deleted paragraphs of the petition containing criminal allegations against unnamed security operatives.

Justice Pindiga, who was subsequently removed from presiding over the petition by the President of the Court of Appeal, Justice Zainab Bulkachuwa, based his decision on the fact that the petitioners failed to join the said security agents and other persons it said participated in the alleged electoral fraud as parties to the suit.

Among those that the APC alleged masterminded the rigging of election in Rivers State included wife of former President Goodluck Jonathan, Dame Patience.

Credit: Vanguard

I Won’t Rest Until Appeal Court Sacks Jang From Senate- Gov. Lalong

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The Plateau State governor, Hon. Simon Lalong, on Wednesday said that the All Progressive Congress (APC) would soon regain its mandate stolen in the March 28 Plateau North Senatorial elections.

It would be recalled that the immediate, past governor of the state, Jonah Jang, was declared winner of the elections.

Lalong stated this, on Wednesday, while addressing a crowd at Government House, Little Rayfield, following his victory at the tribunal.

The Governorship Election Petition Tribunal, sitting in Jos, the state capital, on Monday, affirmed the April 11, 2015 election of Lalong.

The chairman of the tribunal, Justice Johnson Candide, dismissed the petition filed by the Peoples Democratic Party

Candidate (PDP) candidate in the election, Gyang Pwajok, for what he called lack of credible evidence to prove his petition.

According to Lalong “the APC in Plateau would not sleep till the Court of Appeal also recover our senatorial mandate from Jang. We are in court because we are confident that we won the elections and we would ensure that our mandate is given to us.

Lalong also offered an olive branch to members of the opposition, stressing that his administration would carry along the 53 tribes along.

“I am not surprised at my victory at the tribunal, because we won the elections…”

Credit: DailyTimes

Wike, PDP Head To Appeal Court Today

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Embattled Governor Nyesom Wike of Rivers State and his sponsor, the Peoples Democratic Party, PDP, whose election was nullified at the weekend by election tribunal in Abuja, head to Court of Appeal today.

Chief Chris Uche, SAN, counsel to the Peoples Democratic Party, PDP, and Emmanuel Ukala, SAN, counsel to Gov. Wike, say they will appeal the judgment of the tribunal.

Addressing journalists after the judgment, Uche, SAN, declared that Gov. Wike remains Governor until the appeal processes are exhausted.

“It was wrong of the tribunal to raise heavy weather on the use of card readers when INEC itself admitted that both card readers and manual can be used where there are challenges”, he stated.

Credit: DailyTimes