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Tag: Appeal Court

  • BREAKING: Appeal Court returns Oshiomhole as APC Chair

    BREAKING: Appeal Court returns Oshiomhole as APC Chair

    The Court of Appeal, Abuja has stayed the execution of the March 4, 2020 order of a High Court of the Federal Capital Territory (FCT) restraining the National Chairman of the All Progressives Party (APC), Adams Oshiomhole from further acting in that capacity.

    A three-man panel of the court, led by Justice Abubakar Datti Yahaha was unanimous in granting the reliefs contained in an ex-parte motion argued on Monday by lead lawyer to Oshiomhole and the APC, Wole Olanipekun (SAN).

    In the lead ruling by Justice Yahaya, the court also restrained the respondents from further taking any further steps in relation to the March 4, 2020 order by Justice Danlami Senchi of the High Court of the FCT.

    Justice Yahaha added: “We employ political parties to try to resolve their differences amicably without having to unnecessarily bother the court.”

  • BREAKING: Court suspends Oshiomhole’s appeal against suspension

    BREAKING: Court suspends Oshiomhole’s appeal against suspension

    The scheduled hearing in the appeal by the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole has been suspended by the Court of Appeal, Abuja.

    The court had, last week sent notices of hearing to parties in the appeal.

    But, when parties got to court today, a panel of three Justices led by Justice Stephen Adah sat to hear other cases.

    The panel later rose, with a promise that another panel will be reconstituted to hear Oshiomole’s appeal.

    Parties were however, taken aback when, rather than having a new panel, a female official of the court announced to a packed courtroom that the court has elected to hear Oshiomole’s appeal on a later date to be communicated to parties later.

    Oshiomhole and his supporters, who have been in court since a little over 8 am, are currently meeting with their team of lawyers on what next steps to take.

    As he exited the courtroom, with his supporters behind, Oshiomhole told journalists that he would await the court’s decision in the case.

    Oshiomhole’s appeal is against an earlier judgment of the High Court of the Federal Capital Territory (FCT) which among others, restrained him acting as the National Chairman of the APC.

  • Profile of New Appeal Court President, Justice Mensem

    Profile of New Appeal Court President, Justice Mensem

    Justice Monica Bolna’an Dongban-Mensem, 62 years old, is from Plateau State. She recently made the headlines after she was seen controlling traffic in Abuja.

    She was hit by personal tragedy eight years ago, when she lost her son through an auto accident. She vowed to make the roads safer.

    Justice Monica Mensem, middle, with FRSC officials in Abuja

    After receiving her LL.B and LL.M from Ahmadu Bello University (ABU) Zaria-Nigeria and a Post Graduate Diploma from the Institute of Advanced Legal Studies, University of London, Russell Square – London, Justice Mensem joined Plateau State judiciary as registrar in 1979.

    She served at various times as Magistrate of various grades up to Chief Magistrate between 1981 and 1990.

    From 1990-1993 Justice Dongban-Mensem served as Deputy Chief Registrar, Superior Courts and Protocol Affairs and was appointed Judge, High Court of Justice, Plateau Judiciary from 1993-1996.

    She became a the Judge of Federal Capital Territory (FCT) Judiciary from 1997-2003.

    She is a woman of many parts. In Jos, she sponsors a daily programme on radio for kids, Bible Stories For Kids on Tin City FM.

    She was also an Advisory Committee Member for FCT Judiciary on the National Centre for State Courts International Programs Division from 2001-2002 and was Acting Presiding Justice of the Lagos Division of the Court of Appeal between November and December 2009.

    She will officially take over as Appeal Court President from Justice Zainab Bulkachuwa who retires tomorrow.

  • Bayelsa Guber: Lokpobiri’s petition against Lyon’s candidacy filed out of time – Appeal Court

    An Appeal Court sitting in Port Harcourt on Saturday ruled that Sen. Heineken Lokpobiri’s petition, challenging the APC governorship primary election in Bayelsa was filed out of time.

    Reading the judgment, Justice Isaiah Olefemi said that Lokpobiri failed to comply with the statutory 14 days period, saying that he ought to have filed the case not later than Sept. 17, 2019.

    “The matter was filed on Sept. 18, outside the 14 days statutory period. The petition was not filed within time,’’ he said.

    It will be recalled that Lokpobiri, a former Minister of State for Agriculture, had approached a Federal High Court, challenging the emergence of Chief David Lyon as the governorship candidate of the APC in Bayelsa.

    He had prayed the court to declare him the candidate of the APC, saying that he and not Lyon won the party’s governorship primaries in the state.

    The lower court had ruled outside its prayers, declaring that APC had no candidate for the election.

    The appeal court, however, held that although Lokpobiri had the right to contest the outcome of the party’s governorship primaries, he only did so outside the stipulated time.

    The court further held that the parties were right to challenge the lower court’s decision which said that APC had no candidate for the Nov. 16, 2019 governorship election in Bayelsa.

  • Appeal Court annuls disqualification of Bayelsa deputy-governor elect

    An Appeal Court in Abuja has annulled the judgment of a Federal Hight Court disqualifying the Deputy-Governorship elect of the All Progressives Congress (APC), Senator Biobarakuma Degi-Eremienyo from participating in the Bayelsa governorship election on November 16.

    Degi-Eremienyo had challenged the High Court verdict that barred him from taking part in the poll.

    Justice Iyang Ekwo of the Federal High Court in Abuja had on November 12 disqualified the lawmaker for allegedly supplying false information to the Independent National Electoral Commission (INEC) as part of requirement for the governorship poll.

    In a judgment, Justice Ekwo said Senator Degi-Eremienyo gave false information in relation to his educational qualifications and went ahead to depose to an affidavit to correct the discrepancies.

    The judge held that all his documents bore different names.

    But in a ruling on Monday, a three-man panel chaired by Justice Stephen Adah held that the High Court erred in law and in breach of the appellant’s right to a fair hearing.

    According to him, the case which was brought under Section 36 of the Electoral Act is criminal in nature and the respondents in the case ought to prove beyond reasonable doubt that Senator Degi-Eremienyo gave false information in his form C001 submitted to the Independent National Electoral Commission (INEC) as part of his qualifications to contest the election.

    The Appellant Court held that more so the lawmaker submitted an affidavit sworn to court to prove that the names Adeyi-Eremienyo on his school-leaving certificate is one and the same as Degi-Eremienyo on his GCE certificate and newspaper cuttings announcing to the whole world a change in name and same was not challenged by the respondents in the lower court as such the findings of the lower court are erroneous.

    The trial judge concluded by saying that “I agree with the appellant that the owner of the school leaving certificate and the GCE certificate are one and the same and I therefore set aside the judgment of the court below.

  • Appeal Court upholds Wike’s re-election, strikes out ADP’S appeal

    Appeal Court upholds Wike’s re-election, strikes out ADP’S appeal

    The Court of Appeal sitting in Port Harcourt on Monday upheld the re-election of Rivers State Governor, Nyesom Ezenwo Wike as they struck out the appeal filed by the defeated Governorship Candidate of Action Democratic Party (ADP), Mr Victor Fingesi.

    Mr Victor Fingesi had approached the Court of Appeal after the Rivers State Governorship Election Tribunal on October 5, 2019 dismissed his petition challenging the re-election of Governor Wike, PDP Governorship Candidate during the 2019 Election.

    The Court of Appeal in a unanimous judgment on Monday struck out the Appeal by Mr Victor Fingesi of ADP for lacking in merit. The Tribunal also said that the appeal was incompetent.

    In a lead judgment, Justice H.N Ogunwimiji declared that the ADP Governorship Candidate failed to prove that the election was marred by irregularities.

    Justice Ogunwimiji stated that the ADP Governorship Candidate couldn’t adduce evidence that would invalidate the elections of Governor Wike.

    The Court of Appeal stated that he anyone who asserts, must lead relevant evidence to prove such allegations.

    The Court also declared that INEC has the power to take action on elections when emergencies arise. The Appeal Court said that INEC derived such powers from Section 26 (1) of the Electoral Act.

    The Court of Appeal also held that the petitioner lacked the locus standi to file the petition as earlier ruled by the Rivers State Governorship Election Tribunal.

    Justice T.N Orji Ababua, Justice.

    U . Omyenenn, Justice H.A Barka and Justice I.B Idiris agreed with the lead judgment.

    INEC Counsel, Dr Garba Tetengi (SAN) said that the appeal was struck out for incompetence.

    Counsel to Rivers State Governor, Ike Udenna said that the Tribunal came to the conclusion that the Tribunal was right to uphold the election of Governor Wike.

    It will be recalled that the Rivers State Governorship Election Tribunal declared that the petitioner (ADP Governorship Candidate) failed woefully to prove that Governor Wike did not score the highest number of lawful votes during the March 9, 2019 Governorship election. The Tribunal declared that the petitioner’s complaint is vague and merely speculative.

    The Tribunal further described ADP’S Petition as : “An Adventure to discover the Non-Existent “.

    INEC on April 3, 2019 declared Governor Wike re-elected after he polled 886,264 votes, while his closest challenger of African Alliance Congress (AAC) Biokpomabo Awara, scored 173,859 votes.

    Victor Fingesi of ADP polled a paltry 1860 votes during the 2019 Rivers State Governorship Election.

  • [JUST IN] Dual Citizenship Saga: Appeal Court upholds Ondo PDP Reps member election

    [JUST IN] Dual Citizenship Saga: Appeal Court upholds Ondo PDP Reps member election

    By Emmanuel Bagudu, Abuja

    The Court of Appeal sitting in Akure, the Ondo State capital, on Thursday upheld the election of a member of the House of Representatives from Ondo State, Mr. Ikengboju Gboluga.

    Gboluga, a member of the Peoples Democratic Party, was declared the winner of the February 23, 2019 House of Representatives election in the Okitipupa/Irele Federal Constituency of the state by the Independent National Electoral Commission.

    But the All Progressives Congress candidate in the election, Mr. Albert Akintoye challenged the victory of the PDP candidate at the Election Petition Tribunal, which later nullified the election on the grounds that Gboluga is also a citizen of the United Kingdom.

    Not satisfied with the tribunal’s judgment, Gboluga filed an appeal against the lower court judgment.

    In a unanimous judgment, the trio of justices of the appellate court held that a Nigerian citizen by birth could not be disqualified from contesting an election because he acquired additional citizenship of other countries and sworn an oath of allegiance to such countries.

    The presiding judge, Justice M.A Danjuma, who read the judgement noted that based on the grounds of dual citizenship, the lower court was wrong to have sacked Gboluga.

    The appellate court also faulted the election tribunal, saying it interpreted the Constitution of the Federal Republic of Nigeria wrongfully.

    To this end, the court voided the judgment of the tribunal and upheld the election of Ikengboju Gboluga as the duly elected representative of Okitipupa/Irele Federal Constituency of Ondo State.

  • Okorocha’s son-in-law approaches A’Court, to challenge tribunal ruling upholding Ihedioha’s election

    The Action Alliance (AA) says its governorship candidate in Imo, and Rochas Okorocha’s son-in-law Mr Uche Nwosu will go to the Court of Appeal to reject the judgment delivered on Saturday by Imo Election Petitions Tribunal.

    The party in a statement signed by its Acting National Secretary, Mr Eli Moses in Abuja on Tuesday said that the tribunal’s verdict was “judgment and not justice.”

    The tribunal led by Justice Malami Dogondaji had on Sept. 21, dismissed three petitions challenging the election of Peoples Democratic Party (PDP) candidate, Gov. Emeka Ihedioha of Imo at the election held on March 9.

    Moses said that the tribunal did not take cognisance of the provisions of the constitution on two-third of the local government areas in winning governorship election.

    “The attention of the National Think Tank Committee of our great Party Action Alliance, has been drawn to the ruling of the Imo Governorship Election Petitions Tribunal delivered at Abuja on Sept. 21.

    “We wish to state as follows:That the party having interfaced with our team of lawyers, reject the outcome of the ruling by the tribunal as it only qualifies as a judgment and not justice.

    “That the party and our governorship candidate Chief Uche Nwosu insist that the constitution of the Federal Republic of Nigeria is and remains the ground rule for adjudication.

    “And therefore, the PDP and its candidate at the election did not meet the constitutional requirement of two-thirds majority in the 27 local government areas of the state as required by law,” he said.

    According to the party’s scribe, the judgment of the tribunal is in total violation of the provisions of the constitution and therefore, shall be challenged by the party at the Court of Appeal with a view to seeking justice.

    “The party is and remains in total support of its governorship candidate Chief Uche Nwosu as he seeks justice at the Court of Appeal,” he said.

    It would be recalled that the three petitions were filed by the All Progressives Grand Alliance and its candidate, Ifeanyi Ararume, Action Alliance Party, and its candidate Mr Uche Nwosu as well as the All Progressives Congress and its candidate, Hope Uzodinma.

    The three-man tribunal led by Justice Malami Dogondaji unanimously held that the petitions lacked merit.

    The tribunal also held that the petitioners failed to prove that Ihedioha was unlawfully declared as the governor of the state by INEC.

  • Photos: Heavy flood ravishes Appeal Court in Abuja, activities grounded

    Photos: Heavy flood ravishes Appeal Court in Abuja, activities grounded

    For some staff and individuals, with cases pending at the Court of Appeal, Abuja division, it will take a while to overcome the effect of the negative impact of the rainfall experienced in the city in the past few days.

    Unlike the case last year, where minor flooding was witnessed around the court premises, the impact of the flood experienced between Monday and Tuesday this week was massive.

    Not only were vehicles submerged, offices were flooded with files and documents impacted.

    Most affected was the Abuja division, sitting on the lower end of the sprawling structure, which also houses the Court of Appeal headquarters.

    “Some of our files were affected. We intend to work with lawyers in cases affected, for replacement. We have never had it so bad,” a senior official, who prayed not to be named, said.

    Another, who sought to be identified with her first name, Juliet, said her car was among the vehicles that were affected.

    “We had to escape without our vehicles. We were only able to recover our vehicle the next day, when the flood receded.

    “My car is currently with the mechanics. They are battling to fix it. The car was totally submerged in the flood.

    “Beside the engine that is said to have been affected, all the documents I had in the car were also affected,” she said.

    A lawyer, Isaac Okechukwu said he was in court to ascertain the condition of things upon being informed about the development.

    “I heard that the court was flooded and some offices and case files affected. I came to see if my cases were among those affected,” Okechukwu said.

  • Buhari Vs Atiku: Court Room Filled, Seat Reserved For Governors as APC, PDP Supporters Throng A’Court

    The Court of Appeal Abuja, venue of the Judgement of the Presidential Election Petition Tribunal is already filled up as at 7am on Wednesday (today).

    TNG security correspondent who was at the venue early this morning report that the entire premises of the appellate court is filled with heavily armed security operatives made of the DSS and the Police.

    Attempts by supporters of the PDP and APC to gain entrance into the court rooms were marred by security operatives who claimed the court rooms have been filled up since early this morning.

    “You should have come since 6am a security man told our reporter”. A court official who pleaded anonymity said the seats inside the court was actually reserved for some politicians.