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Tag: Appeal Court

  • Finally, Appeal Court stops Matawalle from carting away 40 Zamfara govt vehicles

    Finally, Appeal Court stops Matawalle from carting away 40 Zamfara govt vehicles

    The Court of Appeal in Sokoto has upheld the Federal High Court’s decision dismissing the appeal filed by former governor Bello Matawalle challenging the decision that the official vehicles he carted away after he was defeated at the 2023 General Elections were his personal property.

    Recall that in June 2023, based on a complaint by the Zamfara State Government, the Zamfara Police raided the residence of the former Governor Matawalle, seizing more than 40 official vehicles he and his cabinet carted away before handing over power on May 29, 2023.

    A statement by the Spokesperson of the Zamfara State Governor, Sulaiman Bala Idris, said that a three-member panel of the Appeal Court, in a unanimous decision by Hon. Justice A.M Talba on 08 August 2025, dismissed Bello Matawalle’s appeal.

    According to him, the Court of Appeal in Appeal No. CS//S/2024 – Bello Muhammed Matawalle vs Nigeria Police & Others, held that the decision of the Federal High Court Sokoto division on the right of the Police to investigate allegations of commission of crime was correct.

    It further held that Matawalle failed to adduce credible evidence to support his claim of ownership of the 40 vehicles recovered from his residence, as such lacks justification to allege that his fundamental right to own property has been breached.

    The statement reads: “In June 2023, the Zamfara State Government gave former governor Bello Matawalle and his deputy five working days to return all vehicles stolen.

    “However, all attempts to recover these vehicles were unsuccessful, prompting the Zamfara State Government to seek a court order. After the order was issued, police recovered over 40 vehicles.

    “After the vehicles were recovered, Bello Matawalle approached the Federal High Court in Gusau and the court granted an order that the cars be returned to him. Additionally, he filed a separate suit at the same court, seeking to enforce his fundamental right to own property, including the vehicles in question.

    “The Zamfara State Government requested the transfer of the case to the Sokoto division of the Federal High Court.

    “The Federal High Court of Nigeria, Sokoto Judicial Division, dismissed the matter in December 2023 and refused to grant any of the reliefs sought by Bello Matawalle. As a result, the vehicles are still considered the property of the Zamfara State Government.

    Not satisfied with the Federal High Court’s judgment, Bello Matawalle approached the Appeal Court.

    “⁠The Appeal Court last Friday upheld the entirety of the judgment of the Federal High Court, Sokoto, affirming that the police have the power to investigate allegations of the commission of a crime upon receipt of a complaint,

    “It added that the entire procedure followed by the State Government in the retrieval of the stolen vehicles is in line with the law, as such, does not offend the fundamental right of Bello Matawalle, as alleged, and thus cannot shield him from investigation and prosecution.

  • Just in: Appeal Court upholds Aiyedatiwa’s election as Ondo Gov

    Just in: Appeal Court upholds Aiyedatiwa’s election as Ondo Gov

    The Federal Court of Appeal sitting in Akure, Ondo State Capital, has upheld the election of Governor Lucky Aiyedatiwa, the All Progressives Congress (APC) candidate in the November 16, 2024, governorship election in the state.

    He contested under the APC, was declared winner by the Independent National Electoral Commission (INEC) after securing 366,781 votes and winning across all 18 local government areas.

    He defeated his closest rival, Agboola Ajayi of the Peoples Democratic Party (PDP). The appellate court’s decision follows earlier legal victories for Aiyedatiwa.

    On June 4, 2025, the Ondo State Governorship Election Petition Tribunal dismissed multiple petitions challenging his election, including one filed by Ajayi, who alleged widespread irregularities.

    The tribunal, chaired by Justice Benson Ogubu, also struck out similar petitions from the Social Democratic Party (SDP), African Democratic Congress (ADC), Allied Peoples’ Movement (APM), and African Alliance (AA), affirming Aiyedatiwa’s mandate.

    Before then, on March 11, 2025, the Supreme Court had dismissed a separate appeal filed by Ajayi challenging Aiyedatiwa’s candidacy.

    The apex court ruled that the case was filed out of time and that Ajayi, not being a member of the APC, lacked the legal standing to contest the internal affairs of the party, including the qualifications of Aiyedatiwa’s running mate.

  • BREAKING! Appeal Court finally bars FRSC from seizing licences, vehicles

    BREAKING! Appeal Court finally bars FRSC from seizing licences, vehicles

    The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification.

    The ruling was delivered in Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (as 1st to 3rd Appellants) against Dr. Emmanuel Ugochukwu Shebbs (Respondent).

    The appellate court upheld the earlier judgment of the Abia State High Court, which had declared the actions of the FRSC as a violation of Shebbs’ fundamental human rights.

    In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed the liability of the FRSC, stating that its actions were unlawful. However, the appellate court reduced the damages initially awarded from N30 million to N10 million, covering both general and exemplary damages.

    The case originated from a 2020 incident during the COVID-19 lockdown when FRSC officers stopped Dr. Shebbs along Bende Road in Umuahia. He alleged that after an initial inspection of his vehicle found no fault, the officers demanded a bribe. Upon his refusal, they conducted a second inspection, accused him of having a worn-out tyre, and seized his driver’s licence while issuing a N3,000 fine.

    Instead of paying the fine, Shebbs approached the Abia High Court, arguing that the seizure of his licence without due process violated his fundamental rights—a claim both the High Court and the Court of Appeal have now upheld.

  • Appeal Court orders reinstatement of retired ACP Idachaba

    Appeal Court orders reinstatement of retired ACP Idachaba

    The Court of Appeal in Abuja on Friday, ordered immediately reinstate of ACP James Idachaba, who was compulsorily retired by the Police Service Commission (PSC).

    Justice Mohammed Danjuma, who delivered the lead judgment, also reversed the directive by the PSC, requiring him to refund eight years’ salaries with effect from Aug. 1, 2025.

    The appellate court, in the appeal filed by Idachaba’s lawyer, Chikaosolu Ojukwu, SAN, set aside the decision of the National Industrial Court of Nigeria (NICN).

    NAN reports that Justice O.O. Oyewumi of the NICN had, on 15 May, 2024, dismissed Idachaba’s originating summons challenging his compulsory retirement from the force.

    At the trial court, Idachaba stated that, following his promotion to the rank of assistant commissioner of police in 2023, he noticed that his salary was stopped by the PSC and the police after a decision was made to compulsorily retire him without a “fair hearing.”

    He added that the PSC failed to provide him with any documents containing the allegations brought against him or the record of the proceedings of the plenary where the purported decision to summarily retire him was reached.

    His lawyer, Ojukwu, sought 11 reliefs.

    He argued that the compulsory retirement and salary refund directive constitute a violation of his right to a fair hearing and are therefore null, void, and of no effect.

    He urged the court to compel PSC to reinstate his client immediately and unconditionally, restoring him to the rank of ACP with all rights, entitlements, and emoluments from Aug.18, 2023, among other reliefs.

    However, the NICN, on May 15, 2024, dismissed Idachaba’s suit on the grounds that the appellant failed to prove his case or justify why the court’s discretionary power should be exercised in his favour.

    Dissatisfied with the judgment, the appellant filed his appeal on Sept. 24, 2024.

    But the police opposed the appeal.

    Delivering the judgment on Friday, the three-member panel of justices held that the issues formulated for determination were resolved in favour of Idachaba and against the respondents.

    “It follows that this appeal is meritorious and hereby succeeds,” the judge said.

    The judge ordered that the judgment of the lower court, in suit number: NICN/ABJ/288/2023, is hereby set aside.

    The appellate court also awarded the sum.of N2 million against the 1st and 2nd respondents to be paid jointly and severally.(

  • Appeal Court upturns N579bn stamp duty payment case in CBN’s favour

    Appeal Court upturns N579bn stamp duty payment case in CBN’s favour

    The Court of Appeal in Abuja on Wednesday, reversed the Federal High Court (FHC) judgment that ordered the Central Bank of Nigeria (CBN) to pay Kasmal International Services N579 billion for its involvement in stamp duty collection.

    Justice Adebukola Banjoko, while delivering the majority judgment, agreed with the CBN’s argument that the company had no legal right to have been engaged by the Nigerian Postal Service (NIPOST) from the outset.

    NAN reports that Justice Inyang Ekwo of FHC had, on Oct. 11, 2024, ordered the apex bank to pay N579,130,698,440 interest to Kasmal within a specified period.

    The judge also ordered the payment of a 10 per cent annual interest rate on the judgment sum from Jan. 1, 2015, to Jan. 31, 2020.

    Justice Ekwo had ruled that the CBN had paid Kasmal a total of N10.3 billion, representing 15 per cent of remitted stamp duties by all Deposit Money Banks (DMBs) between Jan. 1, 2015 and Jan. 31, 2020, via the CBN NIPOST Stamp Duty Collection Account No. 3000047517.

    He held that the CBN could not backtrack from its contractual agreements with Kasmal and NIPOST.

    Kasmal’s lawyer, Alex Izinyon, SAN, argued that his client was appointed by NIPOST to represent it in the collection of a N50 charge on all receipts issued by any bank or financial institution as acknowledgment of services rendered for electronic transfers and teller deposits of N1,000 and above, in compliance with the Stamp Duties Act and the Nigerian Financial Regulations 2009.

    In the CBN and Attorney General of the Federation (AGF)’s 17 reasons listed in their notice of appeal dated Oct. 24, 2024, Chief Niyi Akintola expressed dissatisfaction with the lower court ruling.

    Akintola contended that lower court “erred in law,” requiring the Appeal Court to intervene.

    The appellants further argued that “the alleged funds Kasmal International seeks to recover were public monies, “which are part of the Federation Account governed by the provisions of Section 162 of the 1999 Constitution (as amended).”

    He maintained that, regardless of any previous mismanagement, stamp duties should be paid into the Federation Account and shared among the three tiers of government.

    Izinyon opposed the appeal by the CBN, insisting on the contractual agreement his client had with NIPOST.

    Delivering judgment on Wednesday in 2/1 ratio, Justice Banjoko held that in the final analysis, the appellate court firmly concluded that the 1st respondent (Kasmal) lacked the requisite locus standi (legal authority) to initiate the suit or claim any lawful entitlement or commission.

    “The suit as constituted is fundamentally defective,” she said, adding that the appeal (by CBN and AGF) is allowed and the judgment of the lower court is set aside in its entirety.

    “Similarly, you cannot give what you don’t have,” she stated.

    She stressed that the lower court “erred in declaring Kasmal’s entitlement to the said commission when in law, there was no legal contract ab initio (from the beginning) between first respondent (Kasmal) and NIPOST.”

    The court further concluded that NIPOST had no statutory authority to manage or collect stamp duties and cannot delegate powers it did not have to Kasmal.

    In his dissenting judgement of 88 pages, Justice Okong Abang said he found it extremely difficult to agree with the majority judgement that the transaction in question was illegal.

    ” My conscience will not allow me if I should follow the majority,” he said.

    Abang further stated by the ratification of the contract by the AGF and payment of N10.3 billion, he must “now be estopped from keeping the proceeds meant for the 1st respondent(Kasmal ).

    “The doctrine of unjust enrichment frowns at a party who uses the law to retain the benefit conferred by another without offering compensation.”

    He held that the appeal lacked merit and ought to be dismissed and proceeded to dismiss the appeal.

    NAN reports that stamp duty is an indirect tax imposed on several financial transactions.

    In 2023, the former CBN Governor, Godwin Emefiele, revealed that total revenue collected as stamp duty on behalf of the Federal Government from 2016 to 2022 was N370.686 billion.

    Kasmal had approached the FHC to determine its percentage share under its agreement with relevant agencies, particularly NIPOST.

  • Gov Okpebholo reacts after Appeal Court victory

    Gov Okpebholo reacts after Appeal Court victory

    Senator Monday Okpebholo has opened up after the Court of Appeal affirmed his election as the bonafide Governor of Edo State on Thursday.

    TheNewsGuru.com (TNG) reports the Appeal Court, in its judgement, upheld the earlier tribunal ruling, validating the mandate of Governor Okpebholo.

    In a statement in Benin, Okpebholo praised the judiciary’s integrity, describing the ruling as a victory not just for All Progressives Congress (APC) but for democracy and rule of law in Edo, adding the verdict reaffirmed the will of Edo people

    The Edo State Governor, meanwhile, urged the People’s Democratic Party (PDP) candidate in the election, Asue Ighodalo to accept the judgment and embrace unity for the progress of the State.

    He signalled all political actors in Edo, especially Ighodalo, to set politics aside for the progress of the State.

    He urged Ighodalo and the opposition to reflect deeply on the judgement, adding that prolonged litigation distracts the incumbent from delivering good governance to the people.

    Okpebholo reaffirmed his open-door policy, stating that Edo’s development remained the top priority, above partisan interest or political affiliations.

    “Now is the time for statesmanship, he said, noting that the legal process has been exhausted, and the verdict was final and binding,” he said.

    The governor noted that he remained committed to his people’s first agenda, focusing on infrastructure, education, healthcare, and economic empowerment across the state.

    He called on citizens to remain peaceful and law-abiding, promising that his administration would intensify its people-centered development programmes with renewed energy.

    With the legal battle now settled, Okpebholo reiterated that his government was ready to serve all Edo residents without exception or discrimination.

  • BREAKING: Appeal Court affirms Okpebholo governor

    BREAKING: Appeal Court affirms Okpebholo governor

    The Court of Appeal sitting in Abuja, on Thursday, affirmed Mr Monday Okpebholo as duly elected governor in the Sept. 21, 2024 governorship election held in Edo.

    The court, in a judgement by a three-member panel led by Justice M. A. Danjuma, dismissed an appeal filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, to challenge the election outcome.

    The appellate court held that it found no reason to dislodge the May 15 judgement of the Edo State Governorship Election Petition Tribunal, which validated the declaration of Gov. Okpebholo of the All Progressives Congress (APC) as winner of the poll.

    However, Ighodalo has vowed to appeal the judgement at the Supreme Court.

    Justice Wilfred Kpochi-led three-member panel had dismissed the petitions by the PDP and its candidate; the Action Alliance (AA) and its National Chairman, Adekunle Rufai Omoaje; as well as a case that was brought before it by the Accord Party (AP) and its own candidate, Dr. Bright Enabulele.

    The tribunal described the petitions as “lacking in merit.”

    The tribunal held that it found no reason to nullify the outcome of the governorship election declared in favour of the APC and its candidate, Okpebholo.

    The Independent National Electoral Commission, INEC, had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closet rivalry, Ighodalo of the PDP, who got a total of 247, 655 votes.

    Dissatisfied with the result, the petitioners approached the tribunal, alleging that the election was not conducted in substantial compliance with provisions of the Electoral Act, 2022.

    In the petition marked: EPT/ED/GOV/02/2024, PDP and its candidate alleged that governor Okpebholo did not secure the highest number of lawful votes that were cast at the election.

    It was equally the contention of the petitioners that INEC failed to serialise and pre-record some of the sensitive materials that were deployed for the poll, a situation they said aided the rigging of the election in favour of the APC and its candidate.

    Specifically, PDP and its candidate alleged that there was wrong computation of results in 765 polling units in the state, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.

  • Appeal Court affirms Olaoye as Soun of Ogbomoso

    Appeal Court affirms Olaoye as Soun of Ogbomoso

    The Court of Appeal sitting in Ibadan on Tuesday affirmed the selection and installation of Oba Ghandi Olaoye as the Soun of Ogbomoso.

    Recall that Justice K. A. Adedokun of the Oyo State High Court sitting in Ogbomoso had, on Oct. 25, 2023, nullified the selection and installation of Olaoye as the Soun of Ogbomoso.

    The lower court asserted that the procedure of Olaoye’s nomination was “irregular, null and void”.

    It added that the process did not comply with the provisions of the Soun Chieftaincy Declaration of 1958.

    Delivering judgment on the appeal filed by Olaoye, Justice Yargata Nimpar, who led a three-member panel of justices, resolved the appeal in favour of Olaoye.

    Nimpar said that the lower court had no jurisdiction to entertain the case.

    According to the judge, the respondents failed to comply with the administrative procedure of writing the government about their dissatisfaction with the selection before approaching the court.

    Nimpar, therefore, set aside the lower court’s judgment and affirmed the selection and installation of Olaoye as the Soun of Ogbomoso.

    Speaking with newsmen after the judgment, the respondents’ lead counsel, Mr Abiodun Ogunjumi, said his client was dissatisfied with the judgment of the Court of Appeal.

    Ogunjumi said he was ready to file notice and grounds of the appeal to attack the judgment of the Court of Appeal at the Supreme Court.

    NAN reports that the respondents are Prince Muhammed Olaore and six others.

    Mr Kolawole Fatoye stood in for Olaoye’s counsel, Mr Yusuf Ali, a Senior Advocate of Nigeria (SAN).

  • Appeal Court reaffirms Abure as LP National Chairman

    Appeal Court reaffirms Abure as LP National Chairman

    The Court of Appeal in Abuja, on Friday, reaffirmed Mr Julius Abure as the National Chairman of the Labour Party (LP).

    The three-member panel, in a judgment delivered by Justice Hamma Barka, relied on its judgement earlier delivered on Nov. 13, 2024, to make the declaration.

    The.panel made the decision in two separate appeals.

    While Sen. Esther Nenadi Usman & others were the appellants in the first appeal marked: CA/ABJ/CA/1217//2024, Labour Party & others were respondents.

    In the second appeal marked: CA/ABJ/CV/1232/2024, the Independent National Electoral Commission (INEC) was the appellant while LP was the respondent.

    NAN reports that the Appeal Court had, on Nov. 13, 2024 in the earlier judgment in appeal number: CA/Abj/CV/1172/2024 between Labour Party (Appellant) against Chief Olusola Nehemiah Ebiseni and INEC (respondents), held that Abure remained LP national chair.

    Justuce Barka, therefore, held that the two appeals decided today could not determine the leadership of the LP, having already been determined by the appellate court.

    He said the appeals emanated from an incompetent suit and the trial court, presided over by Justice Emeka Nwite of a Federal High Court in Abuja, lacked jurisdiction to have determined the leadership of the party on Oct. 8, 2024, ordering INEC to among others, recognise and deal with the Abure-led leadership.

    The judge, in the first appeal, held that in view of the fact that the leadership of a political party is not justiciable, the court had no jurisdiction to determine whether or not the leadership of a party is well constituted.

    He held that the issue of leadership is an internal affair of the political party, which the trial court could not determine in that case.

    Justice Barka proceeded to hold that since the lower court lacked the jurisdiction to hear the case, all what it did without jurisdiction, including its judgment, amounted to a nullity.

    He then set aside the judgment by Justice Nwite and also struck out the suit marked: FHC/ABJ/CS/1271/2024 for want of jurisdiction.

    The judge, who said that both appeals were against  the same Oct. 8, 2024 judgment by Justice Nwite, applied the judgment in the first appeal to the second one filed by INEC.

    Barka clarified that  the leadership of the LP remained as it was decided in the Nov. 13, 2024 judgment “of this court which I had the privilege of delivering on the 13th day of November, 2024, that Barrister Abure was adjudged as the National Chairman of the first respondent (LP). That judgment still stands.”

    The judge directed parties and the general public to respect the judgement of the Court of Appeal which earlier affirmed Abure as the national chairman of the LP.

  • Just in: Appeal Court orders fresh hearing into Kano Emirate palaver

    Just in: Appeal Court orders fresh hearing into Kano Emirate palaver

    The Court of Appeal in Abuja has ordered a fresh hearing in the legal battle over the disputed Kano Emirate involving Alhaji Nasir Ado Bayero.

    The Appellate Court, in a judgment delivered on Friday, held that Bayero was denied fair hearing due to the shoddy manner in which a Kano High Court conducted proceedings against him.

    Justice Mohammed Mustapha, who delivered the lead judgement, stated that the Kano High Court was unfair to Bayero by conducting proceedings without serving him a hearing notice to enable him to present his case.

    Justice Mustapha held that all courts of law are bound to ensure justice for all parties by giving them equal opportunities, adding that the conduct of the proceedings against Bayero amounted to a travesty of justice.

    Specifically, the Appellate Court held that Bayero ought to have been served with a hearing notice to allow him to present his grievances before judgment was delivered against him in what it described as a shoddy arrangement.

    The Court of Appeal, therefore, ordered that the case be remitted to the Chief Judge of the Kano State High Court to be reassigned to another judge for expeditious determination.

    Justice Mustapha did not award costs against the respondents in the appeal filed by Ahaji Ado Bayero.

    Details shortly….