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Tag: Appeal Court

  • Appeal Court upholds ex-Chrisland supervisor’s 60-year sentence for defilement

    Appeal Court upholds ex-Chrisland supervisor’s 60-year sentence for defilement

    A Court of Appeal sitting in Lagos on Monday upheld the 60-year sentence for Adegboyega Adenekan, a former Supervisor of the Chrisland School convicted of defiling a two-year and 11-month old pupil of the school.

    Delivering judgment in the appeal, the three-member panel led by Justice Mohammad Garba unanimously affirmed the judgment of the lower court and held that Adenekan’s appeal lacked merit.

    Justice Sybil Nwaka had on Oct. 24, 2019 convicted and sentenced Adenekan to 60 years imprisonment for defiling the pupil of Chrisland school.

    Delivering that judgment, Justice Nwaka held that Adenekan abused the trust of children in his care as well as the trust of their parents.

    “This defendant is conscienceless, wicked, an animal and is not fit to walk the streets. I hereby sentence Adegboyega Adenekan to 60-years in prison this is the sentence of the court,” she said.

    Following Adenekan’s sentencing, his defence counsel, Mr Olatunde Adejuyigbe, SAN, however, filed an appeal challenging the validity of the entire judgment.

    The prosecution for Lagos State Government led by Mr Jide Boye in their response to the appeal, maintained that Adenekan committed the offence and that the High Court was just in sentencing the convict.

    NAN reports that Adenekan was arraigned before an Ikeja Sexual Offences and Domestic Violence Court on Jan. 29, 2018 and had plead not guilty to a charge of defilement.

    The prosecution led by Boye had said that Adenekan committed the offence sometime in November 2016 at Chrisland School, VGC, Lagos.

    The prosecution had alleged that Adenekan had defiled the toddler by having unlawful sexual intercourse with her, in contravention of Section 137 of the Criminal Law of Lagos State, 2011.

    During the trial at the High Court, seven witnesses including the pupil and her mother testified for the prosecution.

    The pupil who was four-years old when she testified on March 22, 2018, had narrated to the court how Adenekan had defiled her.

    “He put his mouth in my wee-wee, the first time he did that, he took me out of the class, the second time, I ran.

    “I tried to report to my teacher but my teacher did not believe me, so I reported to my mummy.

    “First time he did it was inside his office which was the toilet, the second time he did it was in the hall which was outside.

    “I did not like what he did, he put his hand in my wee-wee, he put his wee-wee in my wee-wee and he put his mouth in my wee-wee,” the pupil said.

    The prosecution closed its case on March 14, 2019.

    Five witnesses, including Adenekan and the head teacher of the nursery arm of the Chrisland School, testified for defence.

    The defence closed its case at the High Court on June 26, 2019.

  • Abducted Appeal Court judge’s wife, Agube, released in Calabar

    Abducted Appeal Court judge’s wife, Agube, released in Calabar

  • Appeal Court upholds sack of Oyo Council chairmen

    Appeal Court upholds sack of Oyo Council chairmen

    The Court of Appeal sitting in Ibadan on Wednesday set aside the Oyo State High Court’s judgement restraining the state governor and or government from dissolving local government councils in the state.

    Justice Haruna Tsammani who delivered the judgment said the sacked local government Chairmen failed to show verifiable facts of the plan by the Oyo State governor to dissolve the councils.

    Tsammani said the case initiated was based on mere speculations and conjectures.

    Bashorun Bosun Ajuwon had instituted the case on behalf of the Oyo State chapter of the Association of Local Government of Nigeria (ALGON).

    The Governor Seyi Makinde led government and the embattled council bosses had been at loggerheads over the control of the local government and local council development areas.

    The judgement elicited jubilation as the Court of Appeal premises which was filled by supporters of the state chapter of Peoples Democratic Party (PDP) erupted in loud songs of victory.

    The court after considering all evidences and submissions of both legal teams upheld the validity of the decision of the Oyo state government to dissolve the sacked ALGON.

    Recall that ALGON had approached an Ibadan high court after Governor Makinde, few hours after he was sworn in, sacked its members who were elected by the administration of late former governor Abiola Ajimobi.

  • BREAKING: Appeal court affirms Bello as Kogi Gov

    BREAKING: Appeal court affirms Bello as Kogi Gov

    The Court of Appeal in Abuja has affirmed the election of Kogi Governor Yahaya Bello.

     

    It also discharged four appeals challenging his victory at the November 16, 2019 poll.

     

    The five-man panel led by Justice Adamu Jauro, in separate undisputed judgments, dismissed the four appeals for lacking in merit.

     

     

     

    The appeals dismissed were filed by the Peoples Democratic Party, the Actions People’s Party, the Social Democratic Party and the Democratic People’s Party.

     

    Details shortly…

  • Edo APC Crisis: The Appeal Court legal titbits that nailed Oshiomhole

    Edo APC Crisis: The Appeal Court legal titbits that nailed Oshiomhole

    By Prof N. O. Obiaraeri

    Here are nine titbits and simplified analysis of the legal implications of the latest Court of Appeal judgment upholding the order of the FCT High Court Abuja for the suspension of Adams Oshiomole as APC National Chairman.

    ■ 1. The unanimous Court of Appeal judgment shows that OSHIOMOLE is in big trouble both with his membership of APC and or his continued stay in office as Chairman of the ruling party, APC.

    ■ 2. The jurisprudence of the recent Court of Appeal judgment against Oshiomole in the appeal he lodged is deep as that judgment restated that membership of a political party like APC is at the ward level.

    ■ 3 The Court of Appeal judgment further restates that if you are suspended or lose your party membership at the ward level, you are ineligible to hold party office or position whether at the Ward, Local Government, State or National levels.

    ■4. The Court of Appeal affirmed that the suspension of Oshiomole from his Ward 10 of Etsako Local Government of Edo State was variously ratified at the Ward, Local Government and State Government levels as required by law (APC Constitution) and the identity of those who suspended Oshiomole from the party was not in doubt because in their unchallenged affidavit they made it clear that they were party members and officers of the party, therefore the appeal lacks merit.

    ■ 5. By reason of the latest Court of Appeal judgment therefore, Oshiomole is not of good standing as a member of APC as he had been suspended in his ward and cannot continue to function as National Chairman or othet officer of the party, APC.

    ■ 6. The Court of Appeal judgment means again that the Kano Court order and all preservative orders earlier made by the Court of Appeal on which Oshiomole was clinging to operate as National Chairman has been violently uprooted and consigned to the dustbin of legal history.

    ■ 7. The order of the FCT High Court Abuja for the suspension of Oshiomole as APC National Chairman duly upheld by a unanimous judgment of the Court of Appeal is a heavy yoke on the political neck of Oshiomole who will henceforth cease to function as National Chairman of APC.

    ■ 8. The question whether Oshiomole can upturn the unfavourable decision of the FCT High Court upheld by the unanimous judgment of the three man Court of Appeal in the Supreme Court does not arise as it is outside the scope of this brief elucidation.

    ■ 9. In the interim and conclusively, following the judgment of the Court of Appeal, Oshiomole is restrained from parading himself as the National Chairman of the APC until he gets a reprieve or otherwise from the Supreme Court, (if he duly enters an appeal to the Supreme Court) as the apex and final court of law and justice in the land.

    This is the law and nothing more pretentious.

    A new normal is possible!

     

    Prof Obiaraeri, N. O. Ph.D (Law), B.L., etc.

  • [TNG Analysis] Edo 2020: APC on life support machine as Appeal court sacks Oshiomhole

    Suspended All Progressives Congress, APC Chairman, Adams Oshiomhole while pointing the accusation finger at Governor Godwin Obaseki, he forgot that the other four of his fingers were pointing at him.

    Barely three hours after Obaseki threw in the towel, the gavel at Appeal Court shoved aside Oshiomhole as chairman.

    The Rotimi Amaechi group within the APC had quickly put on their thinking caps and politely used the appropriate organ to place him.

    All these fresh developments are indications that the battle for 2023 has begun and Edo and Ondo states are the guinea pigs for experimentation.

    Immediately Obaseki resigned from APC, 18 local government chairmen and 14 lawmakers signalled their intentions to leave the party.

    It was alleged in some quarters that the suspended APC chairman made frantic efforts to reach some PDP chieftains to deny Obaseki a ticket but it failed.

    The Peoples Democratic Party, PDP where it’s alleged Obaseki is hoping to lace his boots against whoever emerges in APC went into an emergency session on how to reap from APC’s indiscretion.
    During the meeting it was reliably gathered that the second phase will be held in Portharcourt, the Rivers State Capital for the path to follow.

    Same Tuesday, the governor of Ondo State visited Buhari to show him his nomination form.

    These were clear signs that the battle for 2023 had begun and the strong man of Lagos politics, Asiwaju Ahmed Tinubu is not finding the unfolding drama funny at all.

    Ondo is not looking good as the incumbent Governor is not his man but looks good to grab the APC ticket.

    Edo is gone for good as the annointed aspirants, Pius Odubu and Pastor Osagie Ize-Iyamu may not be able to face the fireworks of Obaseki with a tacit support of APC governors to further rubbish the Asiwaju and the comrade.

    The battle has just begun as whoever carries the day in both Edo and Ondo states is well positioned for 2023.

    Edo and Ondo suffered similar fate in 2008 when PDP felt too large and traded both states to the opposition.

    The APC man not be willing to trade both states that are neighbours but internal wranglings is definitely going to be its albatross.

  • Kogi PDP guber candidate, Wada heads to A’Court over Bello’s tribunal victory

    Kogi PDP guber candidate, Wada heads to A’Court over Bello’s tribunal victory

    Engr. Musa Wada, candidate of the Peoples Democratic Party, PDP in last Kogi Governorship election, has vowed to appeal the victory of Governor Yahaya Bello at the electoral tribunal on Saturday.

    The Kogi Governorship Election Tribunal had on Saturday dismissed the case filed Wada, against the election of Governor Yahaya Bello.

    However, in an interview with Channels Television in Abuja on Saturday, Wada said he would appeal the judgment.

    Musa had filed a petition challenging the election of Yahaya Bello as the Governor of Kogi State.

    But in a judgment of two to one, delivered by the Chairman of the Tribunal, Justice Kashim Kaigama, the tribunal held that the petitioner had failed to prove the allegations of over-voting, massive thumb printing, voter intimidation, and other electoral malpractices.

    The tribunal also awarded a cost of one million naira to be paid by the petitioners, PDP and Musa Wada to INEC, Yahaya Bello and APC who are the respondents.

    Meanwhile, in a dissenting judgment, Justice Ohimai Ovbiagele nullified the election of Governor Yahaya Bello and ordered INEC to conduct fresh elections in seven local government areas where the petitioners proved their allegations of over-voting, thuggery, voter intimidation, massive thumb printing, and other electoral malpractices.

    In reaction, Wada said the dissenting judgment by Justice Ovbragele is a clear indication that the election of Governor Bello was flawed.

    He, therefore, insisted that the majority judgment of the Tribunal is not a true representation of the events of November 16, 2019, in Kogi State

  • Appeal Court affirms Diri as Bayelsa governor, dismisses Alaibe’s suit

    Appeal Court affirms Diri as Bayelsa governor, dismisses Alaibe’s suit

    The court of appeal sitting in Owerri, Imo state on Tuesday dismissed an appeal filed by Ndutimi Alaibe which challenged the emergence of Douye Diri as the winner of the People’s Democratic Party (PDP) primary election in Bayelsa.

    Alaibe, who was also a governorship aspirant of the PDP for the 2019 election, had instituted a suit against the party, Diri and the Independent National Electoral Commission (INEC) at the federal high court in Owerri.

    The Court which on Tuesday affirmed the judgment of the lower court, dismissed the suit for lacking merit.

    It would be recalled that Diri was on February 13, pronounced as Bayelsa state governor after the Supreme Court sacked David Lyon less than 24 hours before his inauguration as governor of the state.

    The apex court faulted Biobarakuma Degi-Eremienyo, his running mate, for submitting forged credentials with multiple names to INEC.

    Alaibe had dragged the governor and the @inecnigeria to court over what he described as a ‘flawed process’ of the PDP primary.

    But a High Court judge Tijjani Ringim, had on March 10, dismissed Alaibe’s suit for lacking merit.

    According to him, “Evidence available to me indicates that the process leading to the emergence of Diri as the candidate of the PDP in the September 3 governorship primaries in Bayelsa was legitimate.”

    “I hereby dismiss this suit for lack of merit.”

    Not satisfied with the ruling, Alaibe proceeded to the Court of Appeal.

  • Suspension: Appeal Court fails to hear Oshiomhole’s suit

    The Court of Appeal in Abuja failed on Friday to hear the appeal filed by the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole.

    Oshiomhole’s appeal is against the March 4, 2020 interlocutory ruling by Justice Danlami Senchi of the High Court of the Federal Capital Territory (FCT) in Jabi, suspending him (Oshiomhole) from office.

    On March 10 this year, the Court of Appeal in Abuja, heard an ex-parte motion argued for Oshiomhole by Wole Olanipekun (SAN), and ordered a stay of the execution of the ruling by Justice Senchi, pending the determination of the appeal by the APC Chairman.

    The appellate court then adjourned further hearing till March 20, 2020.
    When parties got to court on Friday, one of its officials told lawyers in the case that the court will no longer hear the appeal as earlier scheduled.

    The official said a fresh hearing date will be communicated to parties.

    Details shortly…

  • BREAKING: A’Court upholds Ifeanyi Ubah’s election as Senator

    BREAKING: A’Court upholds Ifeanyi Ubah’s election as Senator

    The Appeal Court in Abuja on Thursday ruled that Nigerian businessman, Ifeanyi Ubah was duly elected a senator to represent Anambra South Senatorial district.

    The court thus voided an earlier judgment delivered by the High Court of Abuja sacking Ubah as senator representing Anambra South Senatorial district.

    Justice Stephen Adah led a three-man panel, which unanimous threw out the judgment of the High Court and retain Ubah as the duly elected senator for Anambra South Senatorial District.

    The court held that the judement delivered by Justice Bello Kawu, was a nullity on the grounds that the originating process was incompetent having not been signed by a lawyer as required and that the judgment was given without jurisdiction, and that Ubah was denied fair hearing by the FCT High Court.

    Justice Adah, held among others that, since the cause of action arose in Anambra State, the FCT High Court was without the requisite territorial jurisdiction to have entertained the case.

    He added that, from the record of proceedings before the FCT High Court, there was no evidence that Ubah was served with processes in relation to the case.

    The judge also found that the originating summons, with which the case was commenced before the FCT High Court was not signed by any lawyer as required by the Rules of the High Court of the FCT.

    The Nation reports that Justice Adah granted a perpetual injunction restraining the Clerk of the Senate and the Independent National Electoral Commission (INEC) from acting on the April 11, 2019 judgment which had been voided for being a nullity.