TheNewsGuru

Tag: Appeal Court

  • BREAKING: Appeal Court orders ASUU to resume work immediately

    BREAKING: Appeal Court orders ASUU to resume work immediately

    The Court of Appeal has ordered the Academic Staff Union of Universities (ASUU) to call off its strike and resume work immediately.

    The Appeal Court gave the order, saying it is the only condition that the union’s request to appeal the ruling of the National Industrial Court which ordered the union to call off its strike will be given effect.

    The court, however, granted the application on the condition that the union obeys the ruling of the lower court and calls off the strike immediately pending the determination of the substantive suit.

    The court gave ASUU seven days within which to file the appeal following the obedience of the ruling of the lower court.

    Recall that the National Industrial Court on Sept. 21, ordered ASUU to call off the strike.

    The court granted the motion on notice filed by the Federal Government, urging the lecturers to return to classrooms.

    Ruling on the interlocutory injunction, the trial judge, Justice Polycarp Hamman, restrained ASUU from continuing with the industrial action pending the determination of the suit filed against ASUU by the Federal Government.

    Miffed by the ruling, the union headed to the appellant court to appeal the ruling.

  • BREAKING: Appeal court nullifies Adebutu’s nomination as Ogun PDP Gov candidate

    BREAKING: Appeal court nullifies Adebutu’s nomination as Ogun PDP Gov candidate

    The Court of Appeal in Abuja has set aside an earlier judgment of the Federal High Court given in favour of a factional governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, Oladipupo Adebutu.

    In a judgement on Friday, a three-member panel of the Appeal Court held that Justice Taiwo Taiwo of the Federal High Court, Abuja (now retired) was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal.

    Lawal is, by his suit, challenging the PDP’s utilisation of a delegates’ list, in the conduct of the governorship primary election on May 25, 2022 as against the list of delegates, who were democratically elected for that purpose at the ward congresses.

    Delivering the lead judgment of the Court of Appeal on Friday, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction.

    Justice Georgewill proceeded to make an order remitting the case to the Chief Judge of the Federal High Court for the hearing of the case on the merit.

    The judge held that since the trial court failed decide the suit on its merit and the period of 180 days, for determination of pre-election cases, is still running, suit should remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.

    Other members of the panel, Justices M. Mustapha and Danlami Senchi agreed with the lead judgment

    Details to follow…

  • JUST IN: Court reserves judgment on Nnamdi Kanu’s appeal

    JUST IN: Court reserves judgment on Nnamdi Kanu’s appeal

    The Court of Appeal, on Tuesday, reserved judgment in the appeal filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, challenging the terrorism charge filed against him by the Federal Government.

    The appellate court announced that its date for judgment will be communicated to parties in the suit.

    Kanu, had faulted the order of Justice Binta Nyako of a Federal High Court, Abuja, which said he should respond to seven out of the 15 count terrorism charge against him and had approached the court to set aside the order.

    However, after listening to the arguments, presiding Justice Hanatu Sankey said “judgment has been reserved to a date that will be communicated to parties”.

    In arguing the appeal, Kanu’s lawyer, Mike Ozekhome, SAN, told the three-member panel that Kanu was first arraigned on Dec. 23,2015, and granted bail on April 25, 2017.

    He explained further that agents of federal government (the respondent) had launched a military operation, code named “Operation Python Dance” at the appellant’s home town in September 2017, which forced him to escape out of the country, to Isreal, then London.

    He recalled that on June 27 2021, the federal government forcefully arrested Kanu in Kenya and renditioned him back to Nigeria in most cruel and inhuman manner”.

    “On 29 June, 2021, the appellant was taken to court by the federal government, where he was rearraigned.

    “Following the appellant’s preliminary objection to the 15-count charge preferred against him by the federal government , the trial judge, Justice Nyako of the Federal Hight Court Abuja, on April 8, 2022, struck out eight counts.

    “Our humble submission is that the remaining seven counts ought not to be retained by the trial court because, before the time Kanu was renditioned to Nigeria from Kenya, he was facing five-count charge”.

    Ozekhome submitted that, going by Section 15 of the Extradition Act, “Kanu is not supposed to be charged without the approval of Kenyan government.

    “The remaining seven counts, cannot stand, being filed illegally without following due process under the rule of specialty as envisaged under Section 15 of the Extradition Act.

    “Counts one, two, three, four, five and eight which were retained by the Federal High Court, were offences allegedly committed by the appellant (Kanu) before his forceful rendition to Nigeria.

    “These allegations of rendition were never denied by the federal government and you cannot sustain the charge when you extradited the appellant without the approval of Kenyan authority.

    In addition, Ozekhome argued that when charging for an offence, “you must mention the particulars and location where the office was committed.

    “But in this case, the appellant was charged without stating where the offence was allegedly committed .

    Kanu’s lawyer contended that by section 45 (a) of the Federal High Court Act, with regards to criminal charge, the trial court does not have “global jurisdiction”.

    More so, “Section 195 and 196 of Administrattion of Criminal Justice Act (ACJA), state that a charge must have date, time, location etc.

    He insisted that there was no need for the FHC to retain the remaining 7 counts, and therefore urged the panel to take over the charges and strike them out.

    The senior lawyer also asked the appellate panel to hold that the respondent has not furnished the court with any prima facie case against the appellant for which he is being charged.

    Reacting, the Federal Government’s lawyer, Mr David Kaswe urged the court to dismiss the appeal for lacking in merit.

  • Delta: Appeal Court verdict jubilation truncated as Edevbie heads to Supreme court over Oborevwori Guber candidature

    Delta: Appeal Court verdict jubilation truncated as Edevbie heads to Supreme court over Oborevwori Guber candidature

     

    The Appeal Court judgment affirming Sheriff Oborevwori as PDP candidate that made Deltans to jubilate has been truncated as David Edevbie Campaign Organisation on Wednesday in Asaba broke its silence on the judgment of the Court of Appeal and vowed to continue at the Supreme court.

    At an enlarged meeting of the organisation and various focus and volunteer groups including the Delta Unity Group and Edevbie Movement’23 which had various PDP stalwarts and supporters from the 25 Local Government Areas of the state in attendance, the organisation assured its supporters that it would be heading to the Supreme Court and was confident to get justice.

    Calling the meeting to order, Dr Karo Ilolo, former Delta State Commissioner for Urban Renewal, said the meeting was to reassure Deltans that hope was not lost in their dream for a modernised and more prosperous state under the leadership of David Edevbie.

    Also addressing the crowd, the Director-General of the organisation, Chief Clement Ofuani, appealed to Edevbie supporters across the state to remain calm and positive, stressing that the organisation was already on its way to the Supreme Court.

    “We received with shock the judgment of the Appellate Court, Abuja, upturning the judgment of the Federal High Court Abuja but we are not deterred to pursue the cause of integrity for our dear state.

    “Olorogun David Edevbie’s competence and capacity is widely known by Deltans and they have been looking forward to the period for him to set the state on high developments grounds. It is not about him, it is about the good of the people and the movement is more than a revolution.”

    In his remarks, former Speaker of Delta State House of Assembly, Rt. Hon. Peter Onwusanya, said the Appeal Court judgment has come only to spur Edevbie Delta Modernisation Movement to work harder.

    He said no matter the ill-treatment Edevbie and his supporters were receiving from the State PDP, they still remain PDP members.

    “Even though they are treating us like outsiders we will reclaim all our supporters through meetings like this. The intention at the PDP Governorship Primary was to make Edevbie come 3rd or 4th position but, as God would have it, with our supporters’ firm stand, we conquered their plan.”

    Also speaking, Hon. Godwin Tuoyo told the supporters to consider the judgment of the Court of Appeal as a minor scratch.

    “Our legal team would be directed to approach the Supreme Court against the judgment and we will surely pursue the matter to victory. We trust God and believe that victory will be ours eventually, for no matter how fast falsehood and injustice appear to travel, truth and justice will ultimately overtake both in the fullness of time,” Tuoyo assured

  • Appeal Court rules against Sunday Igboho in N20 billion suit

    Appeal Court rules against Sunday Igboho in N20 billion suit

    The Court of Appeal in Ibadan on Tuesday nullified the N20 billion cost awarded against the Federal Government in a fundamental human rights suit filed by Chief Sunday Adeyemo, aka Sunday Igboho.

    Justice Ladiran Akintola of Oyo State High Court, had on Sept. 17, 2021 awarded N20 billion cost “as exemplary and aggravated damage” against the Department of State Services (DSS) over the invasion of Igboho’s residence on July 1, 2021.

    The Court of Appeal judgment, delivered virtually, was read by Justice Muslim Hassan.

    Hassan said that the lower court lacked jurisdiction to entertain the matter and thereby, set aside the judgment.

    According to him, the lower court judge ought not to have awarded the cost based on his personal parameter.

    Hassan described the cost awarded as “outrageous”.

    The DSS allegedly invaded Igboho’s residence at Soka area of Ibadan, on July 1, 2021 over his agitation for the creation of Yoruba nation.

    The invasion allegedly led to the destruction of Igboho’s property and death of two of his associates.

    This, however, necessitated the filling of the suit with Igboho seeking an enforcement of his Fundamental Human Rights against the DSS.

    However, Chief Yomi Alliyu (SAN), Counsel to Igboho, declined comments on the judgment, as he did not respond to messages sent to him for his reactions.

  • Oborevwori’s opponents invite Police, EFCC into certificates matter ahead appeal hearing

    Oborevwori’s opponents invite Police, EFCC into certificates matter ahead appeal hearing

    As the Appeal Court in Abuja prepares to begin hearing on the appeal filed against the disqualification of Chief Sheriff Oborevwori, the winner of the Delta State People’s Democratic Party (PDP) guber primaries, his opponents have taken the certificates matter a notch higher.

    TheNewsGuru.com (TNG) reports that the opponents of Chief Oborevwori have invited the Police and the Economic and Financial Crimes Commission (EFCC) to step into the matter.

    Already, they have sent letters and visited all the schools which the Speaker of the Delta State House of Assembly claimed in his nomination forms to have attended.

    TNG’s investigations, however, have shown that all the schools have confirmed that indeed Oborevwori was their student.

    Both the Ambrose Alli University, Ekpoma and Delta State University, Abraka, where he did his undergraduate and postgraduate courses in Political Science, have written the two security organisations confirming that he graduated with second class upper (2:1) at the BSc level and an MSc in the same field.

    Both schools also confirmed that the certificates they issued to him bore Sheriff Francis Oborevwori (Ekpoma) and Sheriff Francis O. Oborevwori (DELSU).

    On the issue of the name Sheriff not being in his primary and secondary school certificates, the schools also attested to a change of name affidavit and its publication in the Observer newspapers edition of 30th January 2004.

    Also, the then Principal of Oghareki Grammar School, Mr Jacob Akpodiogaga, where the Delta State House of Assembly Speaker re-enrolled for his WASC examination as an external student, when contacted also confirmed that the embattled Speaker was indeed one of those who wrote the WAEC examination in the 1998/99 session.

    Recall that Oborevwori’s classmates both in secondary and primary schools had earlier confirmed that the Delta State Speaker was their classmate and those who attended Ambrose Ali University and the Delta State University recently openly said they were his classmate.

    One of his classmates, Chief Mrs Rasheeda Egbedi vividly recalls their university days at Ekpoma in an interview, giving a clear description of the Speaker.

    TNG recalls that the PDP guber primaries which the Delta Speaker convincingly won have been a subject of litigation over an alleged certificate scam.

    Also recall that last July, the court, in a judgement that was delivered by Justice Taiwo Taiwo, held that Oborevwori lacked the legal competence to participate in the election.

    The verdict followed a suit that was brought before the court by an aggrieved member of the party, Mr Olorogun Edevbie.

    TNG reports the Court of Appeal will be sitting on August 19th for a proper hearing of the case.

  • BREAKING: Adeleke wins again, he’s PDP authentic candidate – Appeal Court rules

    BREAKING: Adeleke wins again, he’s PDP authentic candidate – Appeal Court rules

    Senator Ademola Adeleke, again wins as the Court of Appeal sitting in Akure, Ondo State, on Wednesday, dismissed a suit filed by Dotun Babayemi, questioning his being fielded by the Peoples Democratic Party (PDP), for last Saturday’s election, which he won against the incumbent, Gboyega Oyetola.

    Babayemi had lost at the Federal High Court sitting in Osogbo, where he took the governor-elect, seeking to be declared as the PDP candidate for the July 16 governorship election in Osun state, and had gone upstairs after losing the bid.

    It was the fallout of the two factions of the party, which had on March 8, 2021, conducted separate governorship primaries with Babayemi winning the primary election held at the Children and Women Development Centre in Osogbo, while Adeleke prevailed over that held at Osogbo City Stadium, which was backed by the PDP National Working Committee and the Independent National Electoral Commission (INEC), leading his being fielded on the ballot for the election.

  • Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    The Court of Appeal has ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

    TheNewsGuru.com (TNG) reports, in a judgment on Wednesday in Abuja, the Court of Appeal ruled that the Section denied a class of Nigerian citizens their right to participate in election.

    The three-member panel of the Court headed by Justice Hamma Akawu Barka affirmed that the Federal High Court Umuahia had no jurisdiction to hear the case brought by Nduka Edede and, therefore, struck it out.

    According to the Appeal Court, the plaintiff lacked the locus standi to have filed the suit in the first place.

    Besides, the appellate court said that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

    The Court of Appeal as such struck out the suit against Section 84(12) marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.

    TNG reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.

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    The Appeal Court judgment, therefore, lifted the suspense over the eligibility of the ministers affected.

  • PDP to appeal High Court judgment on Ayade’s defection

    PDP to appeal High Court judgment on Ayade’s defection

    Peoples Democratic Party, PDP, in Cross River State has hinted that it would appeal the judgment delivered by an Abuja High court validating the defection of Governor Ayade and deputy to the ruling All People’s Congress (APC).

    The PDP has given a hint it would approach the higher court up to the level of Supreme court in the redress of the matter.

    According to a statement released by PDP and signed by state chairman Vena Ikem, proceedings of the Appeal court would remain a civilized struggle and an intellectual exploration of the limits and vastness of our jurisprudence in this untested territory.”

    The party had approached the High Court in Abuja over Ayade’s defection to the ruling APC with its Governorship mandate, describing it as a provocation by unscrupulous elements who were mistakenly given the mandate of the party in the past.

    The statement reads:“We will be studying the judgment in its entirety with the certainty of appealing to the next Court of Law until justice is manifestly done.

    “The judgment of yesterday by the Federal High Court sitting in Abuja is yet another successful exploration of the dept of legal jurisprudence in uncharted territory such as we have at hand. Let me assure you that this judgment is only a step in the overall picture envisaged by our lawyers when they took steps to explore this legal option which has the potential to take both the Judiciary and indeed our entire democracy to another level entirely.

    “We will continue to support our lawyers as they lead us in this battle for the soul of our democracy and good governance of our people.”

    Ikem hailed party stakeholders and supporters for not allowing Ayade to rub the defection in their faces.

    “We will continue to keep them sleepless for the remainder of the tenure which they shamelessly flaunt at us who made it happen.”

    According to the statement, Ayade has regretted what they described as an ill-fated adventure to APC, adding that they “will continue to drive the message home that it was the PDP that was elected to govern Cross River People in 2019 because our people are PDP, body and soul, and not APC.”

    He urged party members and its supporters not to be discouraged by a temporary setback by the judgment of the Abuja high court.

    He begged them to remain focus and resolute saying that they will not rest until the apex court in the country gives its verdict on the case.

     

     

  • Umahi: We have confidence PDP will win at Abuja Appeal Court – PDP

    Umahi: We have confidence PDP will win at Abuja Appeal Court – PDP

    The People’s Democratic Party (PDP) in Ebonyi says it hopes to secure victory at the Appeal Court sitting in Abuja over the defection of Gov. David Umahi and his Deputy, Kelechi Igwe.

    The PDP Publicity Secretary, Chika Nwoba said this in an interview with the News Agency of Nigeria (NAN) in Abakaliki on Friday.

    He was reacting to the judgement of an Appeal Court sitting in Enugu, which quashed a suit challenging the defection of the governor and his deputy from PDP to APC.

    Recall that the suit was filed by Sen. Suny Ogbuoji and his running mate, Mr Mbam Ogodo, as the governorship and deputy governorship candidates of APC in the 2019 election in Ebonyi.

    They urged the court to hold that Umahi, having defected to the APC, ought to vacate the office so that they would be sworn-in having come second in the election.

    “Our party, the APC, has full confidence that it will win at the Appeal Court, Abuja.

    “The matter at the Appeal Court, Enugu is different from the one at the Appeal Court, Abuja.

    “Today’s judgment in Enugu is between the APC governorship flag bearer in 2019 and Umahi.

    “It is not the PDP and Umahi’s matter.

    “In our own matter, we have confidence and hope to win at the Appeal Court, Abuja,” Nwoba further said.

    Umahi and his deputy had in November 2020 defected from PDP, which was the platform they were elected, to the APC.

    The Federal High Court in Abuja had on March 8 sacked Umahi, his deputy, and the 15 lawmakers in the state over their defection from PDP to APC.

    The judge, Inyang Ekwo, ordered the governor, his deputy, and the affected 16 lawmakers to vacate their offices immediately and ordered INEC to receive names of candidates from PDP to replace Umahi and Igwe.