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Tag: Appeal Court

  • BREAKING: Appeal Court acquits Dokpesi of alleged N2.1bn fraud

    BREAKING: Appeal Court acquits Dokpesi of alleged N2.1bn fraud

    The Court of Appeal, Abuja Division, has discharged and acquitted the Chairman Emeritus of DAAR Communications PLC, High Chief Raymond Dokpesi on the allegation of N2.1 Billion fraud Case.

    The court made the declaration today, Thursday April 1, 2021, while ruling on the “No Case Submission” filed by High Chief Dokpesi.

    The three man justices of the Appeal Court unanimously discharged the accused, saying that the prosecutor (EFCC/Federal Government of Nigeria) could not prove a case of money laundering and criminal conspiracy against the accused.

    TheNewsGuru.com, TNG reports that the Economic and Financial Crimes Commission (EFCC) called 13 witnesses in the course of trail.

    TNG reports that on November 21, 2018, John Tsoho, trial judge, had struck out Dokpesi’s no-case submission and ordered him to open his defence.

    However, Dokpesi approached the court of appeal seeking to upturn the trial court’s decision.

    Delivering judgment in the appeal on Thursday, Elfrieda Williams-Dawodu, justice of the appellate court, held that the prosecution failed to establish a prima facie case against the appellants.

  • Again, Obaseki floors APC, as A’Court dismisses certificate forgery suit, fines party N350k

    Again, Obaseki floors APC, as A’Court dismisses certificate forgery suit, fines party N350k

    The Court of Appeal in Abuja on Thursday, dismissed the alleged University of Ibadan degree certificate forgery suit filed by the All Progressives Congress, (APC) against Governor Godwin Obaseki of Edo.
    The court dismissed the suit for lacking in merit and awarded N250, 000 cost in favour of Obaseki and N50,000 each for the Independent National Electoral Commission (INEC) and the Peoples Democratic Party, (PDP).
    TheNewsGuru.com, TNG reports that Justice Ahmed Mohammed of the Federal High Court, Abuja had on Jan. 9, dismissed the alleged certificate forgery suit against Obaseki.
    The Judge had described the APC’s allegation as strange saying it was like an outsider telling a man in his house that he is not the father of a child.
    Apparently not satisfied with the decision of the lower court, the APC approached the appellate court to challenge the judgment.
    Delivering judgment in the appeal, Justice Stephen Adah held that the lower court was right in it’s findings and conclusions.
    Justice Adah upheld the testimony of the Deputy Registrar, Legal, University of Ibadan, Mr Abayomi Ajayi who confirmed that Obaseki attended the university in 1976 and fulfilled the requirement for admission to study Classical Studies.
    The judge maintained that the evidence of Ajayi was direct in showing that Obaseki did not forge the certificate he submitted to the Independent National Electoral Commission( INEC) to secure his clearance for participation in the governorship election.
    The appellate court held that the APC failed to prove the certificate forgery allegation and that the appeal was unmeritorious.
    The court subsequently dismissed the appeal with N250, 000 cost in favour of Obaseki and N50 ,000 each in favour of the Peoples Democratic Party (PDP) and INEC.
  • Appeal Court reserves judgment on certificate forgery suit against Obaseki

    Appeal Court reserves judgment on certificate forgery suit against Obaseki

    The Court of Appeal sitting in Abuja has reserved judgment in the appeal filed by the All Progressives Congress (APC) and its chieftain, Williams Edobor, challenging the certificate presented by Governor Godwin Obaseki to contest the 2020 governorship election in Edo State.

    A three-man panel of justices of the appellate court made the reservation after listening to arguments from both parties on Monday in the nation’s capital.

    TheNewsGuru.com, TNG reports that this comes two months after a Federal High Court in Abuja dismissed the certificate forgery suit against Governor Obaseki.

    In their brief of argument, the APC and its chieftain argued that at the trial court, issues of forgery and falsification were raised but the court only determined the issue of forgery and left out that of falsification.

    Counsel to the APC, Akin Olujimi, insisted that the purported degree certificate submitted by Governor Obaseki to the Independent National Electoral Commission (INEC) was false.

    But in his response, counsel to the governor argued that based on the pleadings of the appellant, the false information allegedly submitted by the respondent was on the fact that he did not graduate from the University of Ibadan in 1979, neither did he resign from Afri Investment Limited.

    On January 9, Justice Ahmed Mohammed of the Federal High Court in Abuja had dismissed the alleged certificate forgery suit against Governor Obaseki, saying the plaintiffs relied on the photocopied document presented by the governor without getting in touch with the university to verify the authenticity of the said certificate.

    He added that no iota of truth was brought before the court by the plaintiffs who alleged forgery, saying it was a criminal matter, but the claimants were unable to prove their case.

    The judge had also held that the Deputy Registrar (Legal) of the University of Ibadan had given evidence in the suit that the university duly issued the certificate to Governor Obaseki.

    According to him, the governor was duly and properly admitted to study Classics, which was later renamed Classical Studies in 1976 and graduated in 1979.

    Justice Mohammed concluded that the plaintiffs failed to prove their allegations of forgery against Governor Obaseki and, thereby, dismissed the case.

  • Imo North: Appeal Court upholds Ibezim’s disqualification as APC candidate

    Imo North: Appeal Court upholds Ibezim’s disqualification as APC candidate

    The Court of Appeal in Abuja has upheld the disqualification of Chuwuma Frank Ibezim as the candidate of the All Progressives Congress (APC) in the last by-election in Imo North Senatorial District of Imo State.

    A three-man panel of the Court of Appeal, in a unanimous judgment on Saturday, upheld the December 4, 2020 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja, in the suit filed by Asomugha Tony Eleneke, disqualifying Ibezim for making a false claim about his age and educational credentials in the documents submitted to the Independent National Electoral Commission (INEC).

    Justice Stephen Adah, who read the judgment on Saturday, said the finding of the trial Federal High Court was unassailable to warrant any interference by the Court of Appeal.

    He proceeded to dismiss the appeal by Ibezim, affirmed the judgment of the Federal High Court, and declined to award cost.

  • BREAKING: Appeal Court nullifies Metuh’s seven year jail term, orders fresh trial

    BREAKING: Appeal Court nullifies Metuh’s seven year jail term, orders fresh trial

    The Federal High Court in Abuja has set aside the conviction and seven years jail term imposed on a former spokesperson of the Peoples Democratic Party, Olisa Metuh, after finding him guilty of money laundering charges.

    A three-man panel led by Justice Stephen Adah in a unanimous judgment, delivered on Wednesday, held that the proceedings of the Federal High Court leading to the conviction of Metuh and his company, Destra Investment Limited, were tainted with bias, and therefore must not be allowed to stand.

    Justice Adah, who delivered the lead judgment, held that the utterances of the trial judge, Justice Okon Abang, in the course of the trial, established that he was biased against the convicts.

    He, therefore, ordered that trial be conducted afresh.

    He directed that the case file be sent back to the Chief Judge of the Federal High Court for reassignment to another judge other than Justice Abang.

    Justice Abang had in his judgment delivered on February 25, 2020, sentenced Metuh to seven years’ imprisonment for fraudulently receiving N400m from the Office of the National Security Adviser then being headed by Col Sambo Dasuki.

  • Bayelsa guber: Diri reacts to another Appeal Court victory

    Bayelsa guber: Diri reacts to another Appeal Court victory

    Govenor Douye Diri of Bayelsa State on Friday said he is God’s messenger and that nobody can unseat him.
    Diri while reacting to Friday’s separate Court of Appeal victories in his favour and that of his deputy, Senator Lawrence Ewhrudjakpo.

    The appellate court in a unanimous decision overturned the August 15 Bayelsa Election Tribunal Judgment in favour of the Advanced Nigeria Democratic Party (ANDP), which nullified the election of Diri on November 16, 2019.

    The court on same day also dismissed the Liberation Movement appeal against the deputy governor.

    The governor in a press release by his spokesman, Mr. Daniel Alabrah, applauded the five-man panel of Justices for upholding the law and dispensing justice to all.

    He attributed the victory to God whom he referred to as the supreme leader of the universe ruling over the affairs of men.

    His words: “I want to thank God for this victory. Today, a Daniel came to judgement in the name of the Court of Appeal, which has given the true position of the law and we are happy about it.”

    Diri said his administration was instituted by God and as a messenger, he is only holding brief for Him.

    The Governor noted that the governorship candidate of the ANDP, King George, had earlier withdrawn his case at the tribunal and equally left the party but wondered why some persons would remote-control the purported chairman of the party.

    While appealing for support, Diri described the litany of electoral cases as distractions, stressing that it was time the “portfolio political parties” stopped fanning the embers of disunity in the state.

    “For those who are fanning the embers of disunity in our state using portfolio political parties, this is a time to put a full stop to it. If they really love the state, why are they still fanning the embers of destabilisation and moving on to unseat us?

    “The governor of Bayelsa State is God Himself. I have told those who care to listen that I am only a messenger-governor. The governor of Bayelsa is His Excellency the Supreme Leader of the universe and that is God Himself.
    He kept me here to hold brief for Him and you cannot unseat God. There is a God that rules over the affairs of men and that God that has brought me here will protect me, my deputy governor and everybody put together to lead this government.”

    Diri also called on the political class to exercise caution and desist from divisive politics particularly as the senatorial bye-elections are fast approaching.

  • Appeal Court President constitutes tribunal for Edo governorship election

    Appeal Court President constitutes tribunal for Edo governorship election

    President of the Court of Appeal Justice Monica Dongban-Menem has constituted the election tribunal to adjudicate petitions arising from the just concluded Edo governorship election.

    The tribunal’s Secretary, Sunday Martins said, in a statement, Edo Chief Judge approved the use of the High Court on Sapele Road, Benin City as venue of the tribunal’s sitting.

    The statement reads in part: “The general public is hereby put on notice that the Honourable President of Court of Appeal of Nigeria Hon. Justice M. B Dongban Mensem has established the election petition tribunal secretariat and accordingly constituted a panel in respect of the governorship election conducted in Edo State.

    “The Honorable Chief Judge of the StateHon. Justice E. A. Edigin has graciously approved the use of High Court Complex (Election Petition Court Hall), Sapele Road, Benin City for the Tribunal Exercise.

    The Secretariat is now open.

    “For further enquiries, please contact the Secretary on mobile phone number: 07010058493.”

  • Sad! Appeal Court affirms seven-year imprisonment for pastor

    Sad! Appeal Court affirms seven-year imprisonment for pastor

    The Court of Appeal in Abuja on Thursday upheld the conviction and the 14 years detention imposed on a pastor, Basil Princewill, for raping a 14-year-old girl.

     

    The pastor with the title of ‘Apostle’ was also said to have attempted to abort the pregnancy resulting from the sexual scam.

     

    A three-man panel, in an undisputed judgment read by Justice Stephen Adah, held that it found nothing wrong with the June 25, 2019 judgment of Justice Hussein Baba-Yusuf of the High Court of the Federal Capital Territory, Abuja, which convicted the pastor.

     

    Justice Adah ruled that Princewill’s appeal against the lower court’s verdict lacked merit and struck it out.

     

    He ruled, “Having looked at the arguments in the appeal and the records, as well as the evidence adduced in the case, I hold that the lower court did not do anything wrong by sentencing the appellant to seven years imprisonment.

     

    “The appeal failed and the judgment of the lower court is hereby upheld.”

     

    Princewill, who was then 33 years old, was said to have forcefully had sexual intercourse with the victim between July 27 and December 31, 2011 at Mountain Mover Ministry International and his house in Nyanya, Abuja.

    The victim was said to have been impregnated in the process.

     

    He was said to have vowed to kill her if she dared to tell anyone.

     

    The pastor was said to have thereafter given her Postinor tablet and alcohol for abortion of the resultant pregnancy.

     

    He was said to have falsely claimed to be the girl’s father when he took her to a medical centre to procure abortion for her.

  • Trump furious after Appeal Court overturns Boston bomber death penalty

    Trump furious after Appeal Court overturns Boston bomber death penalty

    U.S. President Donald Trump has flayed an appellate court ruling that overturned the death sentence given to the 2013 Boston Marathon bomber, Dzhokhar Tsarnaev.

    In a tweet on Sunday, Trump said that hardly had anyone deserved the death penalty than Tsarnaev.

    He said the government must push for the death penalty, adding that the country could not let the ruling stand.

    “Rarely has anybody deserved the death penalty more than the Boston Bomber, Dzhokhar Tsarnaev.

    “The court agreed that this was one of the worst domestic terrorist attacks since the 9/11 atrocities.

    “Yet the appellate court tossed out the death sentence. So many lives lost and ruined.

    “The Federal Government must again seek the death penalty in a do-over of that chapter of the original trial.

    “Our country cannot let the appellate decision stand. Also, it is ridiculous that this process is taking so long!,” the tweet read.

    Three people died and hundreds of others were injured after Tsarnaev, 27, and his older brother, Tamerlan, detonated homemade bombs along the marathon’s route on April 15, 2013.

    Tsarnaev was handed the death penalty in 2015 but he appealed the ruling in 2019 on the ground that the juniors were biased.

    In its ruling on July 31, the First U.S. Circuit Court of Appeals agreed with him, and ordered a retrial of the case.

    It said the trial judge should have excluded jurors, who had already concluded that Tsarnaev was guilty.

    Prosecutors are now left with two options: to comply with the appellate court ruling or challenge it at the Supreme Court. (NAN)

  • Kogi West: Melaye loses final bid to return as 9th Assembly senator

    Kogi West: Melaye loses final bid to return as 9th Assembly senator

    It is end of the road for Senator Dino Melaye as the Appeal Court in Abuja on Tuesday dismissed his appeal against Senator Smart Adeyemi.

    The court upheld the victory of Adeyemi as winner of the Kogi West Senatorial District election held last year.

    The Electoral Tribunal had thrown out Melaye’s suit, but he went to the Appeal Court to challenge Adeyemi’s victory and lost.

    The three-man panel of the court unanimously resolved all seven issues, identified for determination, against Melaye.

    The court upheld the judgment delivered on June 10, 2020 by the National Assembly Election Petition Tribunal, which affirmed the declaration of Adeyemi as winner of the election by the Independent National Electoral Commission (INEC).