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Tag: Appeal Court

  • Delta Central Senatorial Seat: Omo-Agege clarifies issues surrounding A’Court judgement

    Delta Central Senatorial Seat: Omo-Agege clarifies issues surrounding A’Court judgement

    Sen. Ovie Omo-Agege (Delta Central-APC) has restated that his reelection victory in the Feb. 23 National Assembly poll remained valid and legitimate.

    Omo-Agege, who represents Delta Central Senatorial District, said this on Monday in a statement signed and released on his behalf by Nath Dotie.

    Recall the Court of Appeal sitting in Benin, had on March 29, upheld the earlier judgment delivered by the Asaba Federal High Court which nullified the Jones Erue-led APC state executive committee.

    However, the senator who is contending for the post of the Deputy Senate President in the incoming Ninth Assembly insisted that not being a party in the Asaba matter, the Asaba judgment has no legal effect on him.

    Read full statement below:

    NOT A PARTY IN THE DELTA APC LEADERSHIP LEGAL TUSSLE, SENATOR OVIE OMO-AGEGE DID NOT LOSE ANY “APPEAL”.

    1.0. On March 18, 2019, Hon. Justice Toyin ADEGOKE of the Federal High Court, Asaba gave a judgment in Suit No: FHC/ASB/CS/76/2018 which supposedly recognised Chief Cyril Ogodo and persons under him as executives of the All Progressives Congress (APC) in Delta State, instead of the present executives of the party led by Prophet Jones Ode Erue – executives duly recognised by the National Working Committee (NWC) of the APC. This judgment is in violent conflict with the valid, unchallenged and subsisting June 18, 2018 judgment of Hon. Justice Chikere of the Federal High, Abuja in Suit No. FHC/ABJ /CS/509/18 which validated, recognised and gave legal life to the Prophet Jones-led executives of the party – a judgment that the plaintiffs in the Asaba court have failed to set aside/appeal against.

    2.0. Although the narrow issue before the Asaba Court is the leadership question of the APC in Delta State and given that no contestant in the 2018 primaries of the party in Delta State was a party to the action, Justice ADEGOKE nonetheless made pronouncements that ostensibly touch on the rights of the contestants in the said primaries in their absence. Indeed, the said judgment seems to curiously target, for maximum harm, the rights of persons who were shut out of the case by questionable declinature of otherwise simple applications to join the action to defend their threatened rights.

    3.0. As it is, the APC and Prophet Jones (as Respondents) have filed appeals against Justice ADEGOKE’s judgment. Chief Great Ovedje Ogboru (APC’s Governorship Candidate in the 2019 General Election) has also filed an appeal to set aside the entire proceedings and judgment of the lower court on the ground, amongst others, of the Court’s perverse rejection of his application to be joined as a NECESSARY PARTY in the matter to allow him to defend his threatened interests. We commend the appellants who, apparently protecting the Abuja judgment as a PERMANENT LIGHTNING ROD OF DEFENSE against anarchy, nuisance, malevolence, rascality and corruption, now want the appellate court to set aside the lower court’s proceedings/judgment in their entirety.

    4.0. It is elementary that the Federal High Court, whether in Abuja or Asaba, is the same and of coordinate jurisdiction nationally. The Asaba Court has no appellate authority to override or set aside the valid, subsisting and final (being now unappealable) judgment of the Abuja Court. To the extent that the Asaba Court somehow clothed itself with false appellate power to review the Abuja judgment, including delving into questions of issues estoppel and re judicata, the Asaba judgment looms large as a deliberately orchestrated effort to concoct and stoke avoidable anarchy, as desired by sponsored agents of elements who are laboring to undermine APC’s interests in Delta.

    5.0. Without prejudice to the appeals already filed, it is our reasoned view that not being a party to the Asaba action, Delta State APC’s candidates in the 2019 General Elections, including the Most Distinguished Senator Ovie Omo-Agege – who just won a major strategic re-election for the APC in Delta State and now a leading but humble contender for the High Office of the Deputy Senate President (DSP) of Nigeria – are NOT and CANNOT be bound by in personam pronouncements in the Asaba judgment. This position of the law has clearly crystalized over the years in a plethora of landmark judicial pronouncements, including:

    a. NDP v. INEC, wherein the Supreme Court, per FABIYI, JSC, declared that, “Judgment made with order against a person who was not a party to a pending suit is to no avail. It cannot be allowed to stand.” [2013] 6NWLR (PT 1350) 392;

    b. PDP v INEC & ORS, wherein the Court of Appeal, per TSAMMANI, JCA, put it with clarity that, “It is the Law that, a Court or Tribunal has no power to make an order which affects the interest of any person or persons who is or are not parties to the case or dispute before it. Where such order is made it will not be binding on such parties, and is also liable to be set aside at the instance of such parties.” [2011] LPELR – 8831 (CA);

    a. OKONTA v. PHILIPS, wherein it was stated that: “A court has no jurisdiction to make an order which affects the interest of person who has not been joined as a party. The fundamental reason which makes it necessary to make a person a party to an action is to make him bound by the result of the action.” (2010) 8 NWLR (PT. 1225) 320; and

    b. KOKORO-OWO v. LAGOS STATE GOVERNMENT, wherein the Supreme Court, per BELGORE, JSC, also stated without ambiguity that: “A party to be affected by a decision must not be left out of the action because no Court will make an order against any person who has not been heard or given opportunity to be heard.” [2001] 11 NWLR (PT 723) 237.

    6.0. Yes, consistent with the clear position of the law, the Distinguished Senator Ovie Omo-Agege has stated repeatedly that not being a party in the Asaba matter, the Asaba judgment has no legal effect on him. This position was pretty much validated when the Appeal Court, Benin declined his recent APPLICATION FOR LEAVE TO JOIN the appeals in the spirit of camaraderie to give more intellectual teeth to the appeals – appeals that will most likely terminate at the Supreme Court. Although not different from what happened in the OKONTA case (above), the wise Noble Lords of the Court of Appeal declined the APPLICATION FOR JOINDER (not an APPEAL). It is however noteworthy that this declinature has nothing whatsoever to do with the substantive appeals, but there are fake news and mischievous media hysteria that give a false impression that an ‘APPEAL’ was lost!

    7.0. Finally, maybe it needs to be said that to the extent that all Delta APC candidates in the 2019 General Elections are directly or indirectly connected to the judicially approved executives of the party under Prophet Jones (vide the valid, binding, unchallenged and subsisting Abuja judgment), their candidacies remain intact and cannot be questioned, except by a final judgment of a superior court setting aside the same Abuja judgment. As of today, that seems an impossibility.

    Signed:
    NATH DORTIE
    For: The Office of Distinguished Senator Ovie Omo-Agege
    National Assembly, 3-Arms Zone, Abuja

  • NLNG/NIMASA: Dakuku hails Appeal Court judgement

    NLNG/NIMASA: Dakuku hails Appeal Court judgement

    …Affirms Agency’s Confidence in Judiciary

    The Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, has hailed the appeal court judgement in the case between the Agency and the Nigerian Liquefied Natural Gas (NLNG) Limited over levies payable to the maritime regulator, saying it has reaffirmed confidence in the Judiciary.

    The Court of Appeal in Lagos on Friday set aside an earlier judgement of the Federal High Court, which had exempted NLNG from the levies, on the grounds that NIMASA was not given fair hearing at the lower court. Justice Mohammed Lawal Garba, who delivered the judgement, ordered that the case be sent back to the high court for fresh trial under a different judge.

    Reacting to the ruling, Dakuku said NIMASA remained law abiding and will continue to work closely with the judiciary in matters that need clarity and interpretation.

    He said, “This judgement has further shown that the judiciary is unbiased and remains a beacon of hope for Nigerians. On our part as a responsible Government Agency, we will continue to work closely with the judiciary and other stakeholders to ensure that we realise our mandate of creating a robust maritime sector in line with best global practices.”

    Dakuku further stated, “NIMASA and NLNG are neither foes nor competitors. We are corporate cousins working together for the common good of our great country. Judgements like this only serve to strengthen our institutions and ensure greater bonding.”

    The Agency had in 2010 commenced an action against NLNG, wherein it sought for an interpretation of relevant provisions of the Nigerian LNG (Fiscal Incentives, Guarantees and Assurances) Act, CAP N87, Laws of the Federation of Nigeria 1990, and the NIMASA Act of 2007. In January 2013, the action by NIMASA was withdrawn in a bid to amicably settle the dispute out of court.

    Consequently, in May 2013, NIMASA requested NLNG to pay all statutory Levies accruable to the Agency, including the 3% levy on gross freight on inbound and outbound international cargo, 2% Cabotage levy and Sea Protection levy, stating that the NLNG was not exempted from payments of statutory levies after its tax holiday ended many years ago. Following the continued disregard of the provisions the NIMASA Act and other relevant laws by the NLNG, their vessels were detained for non-compliance.

    Upon agreement between both parties, on July 12, 2013 before Honourable Justice Idris Mohammed of a Federal High Court in Lagos, NLNG agreed to pay outstanding levies attributable to the Free on Board (FOB) and cabotage vessels if the companies fail to make payment to NIMASA within 3 months from Friday July 12th 2013. The NLNG also agreed to continue to pay all applicable levies in line with the NIMASA mandate. The court order also gave NIMASA liberty to collect levies directly from Free on Board (FOB) and cabotage vessels without recourse to NLNG.

    In a surprising twist, the Agency received a pre-action Notice on the 18th of June 2013 from Counsel to NLNG, giving a thirty (30) days notice of their intention to commence legal action in accordance with Sections 53(2) of the NIMASA Act. Hearing of the substantive issue continues after which the Federal High Court ruled in favour of NLNG.

    Dissatisfied with the judgement of the Federal High Court by Justice M. B. Idris delivered in the case between NIMASA and the Nigeria Liquefied Natural Gas, (NLNG), the Agency appealed the matter in October, 2017.

    NIMASA action is in line with its enabling law, the NIMASA Act 2007. Section 15 (a) of that Act, stipulates, “The Agency shall be funded by monies accruing to the Agency from the following sources: 3 per cent of gross freight on all international inbound and outbound cargo from ships or shipping companies operating in Nigeria to be collected and paid over to the Agency to meet its operational cost.

    Section 2 (1) of NIMASA Act states, “This Act shall apply to ships, small ships and crafts registered in Nigeria and extended to ships, small ships and crafts flying a foreign flag in the Exclusive Economic Zone, Territorial and Inland Seas, Inland Waterways and in the Ports of the Federal Republic of Nigeria.”

     

     

  • Omo-Agege speaks on Appeal Court judgement nullifying his election as Delta Central senator

    Omo-Agege speaks on Appeal Court judgement nullifying his election as Delta Central senator

    Senator representing Delta Central, Senator Ovie Omo-Agege has dismissed insinuations that the Court of Appeal has voided his election and that of all candidates of the All Progressives Congress in the just concluded general elections, saying the court was yet to determine the appeal against the judgement of the Federal High Court in Asaba.

    In a statement by his Senior Special Assistant, Communication and Strategy, Godwin Anaughe, Omo-Agege said Friday’s ruling of the Appeal Court merely states that only the APC can appeal the judgement of the lower and not individual candidates.

    The statement said Senator Omo-Agege had applied to the court to be joined in the appeal, a position which was rejected by the court in it’s ruling on Friday.

    The statement reads: “Following the judgement delivered by Justice Toyin Adegoke of the Federal High Court, Asaba on the 18th of March, 2019 which was being misinterpreted in some quarters to have nullified the Delta State Executive Committee led by our able chairman, Prophet Jones Ode Erue and the candidacy of Chief Great Ovedje Ogboru, Distinguished Senator Ovie Omo-Agege and other candidates of the All Progressives Congress, APC in Delta State, Senator Ovie Omo-Agege and Rev. Francis Waive filed an application seeking the leave of Court to join as parties to the Appeal, on behalf of themselves and other candidates of the APC, against the judgement of the Federal High Court sitting in Asaba.

    “It is instructive to note that the ruling delivered by the Court of Appeal today only struck out the application on the ground that Senator Omo-Agege and Rev. Waive cannot appeal the judgement as individuals since they are both members of APC who can appeal the judgement on their behalf. The APC has already filed an appeal against the said judgement.

    “Furthermore, it is important to note that today’s ruling delivered by the Court of Appeal sitting in Benin has not and did not determine the appeal filed before it by the APC.

    “We reiterate that the Consent Judgement delivered by Justice A.I. Chikere of the Federal High Court sitting in Abuja is still valid and subsisting and all the recent happenings in court have neither invalidated nor set aside the Consent Judgement. Therefore, the Prophet Jones Ode Erue led Exco remains the authentic and legitimate APC Executive Committee of Delta State, so also are all the candidates of APC in the just concluded 2019 general elections.

    “It is important to note further that the recent judgement delivered by Justice U. A. Ogakwu of the Court of Appeal sitting in Calabar made it succinctly clear in the case of Sir John Ochala & 5 ORS. VS. Hon. Godwin Etim John and 2 ORS that “ …. It is settled law that a court cannot make a finding that will prejudicial against a person that is neither before it nor a party to the case and cannot in the same vain grant a relief which will affect a person who is not a party in the suit: OKONKWO vs. OKAGBUE (1994) 9 NWLR (PT 368) 301. The effect of Order(s) made against persons not joined as a party is that such order is a nullity and of no effect”.

    “This remains the position of the law as affirmed by the Supreme Court in plethora of cases, including but not limited to the case of OKONTA VS PHILIP.

    “It is therefore foolhardy for anyone to suggest that today’s ruling delivered by the Court of Appeal, Benin City upheld the earlier judgement delivered by the Federal High Court, Asaba and as such touches on the legal rights of the APC candidates in Delta State.

    “In conclusion therefore, as previously posited, Distinguished Senator Ovie Omo-Agege and other candidates of the APC for 2019.general election are not bound by the said judgement delivered by Justice Toyin Adegoke of Federal High Court, Asaba. The status of all the candidates of the APC in Delta State for the 2019 general election remain valid and legitimate.”

  • JUST IN: Appeal Court dismisses Omo-Agege’s appeal on annulment

    The Court of Appeal sitting in Benin, the Edo State Capital, has dismissed an exparte motion filled by Senator Ovie Omo-Agege seeking a leave of court to appeal the Federal High Court Judgement which sacked the Prophet Jones Erue-led faction of the Delta State chapter of the All Progressives Congress (APC).

    It also dismissed a suit filed by the House of Representatives-elect, Rev Francis Ejiroghene Waive.

    Justice Philomena Mbua Ekpe in her ruling dismissed both applications for lacking in merit and fined them N300,000 each.

    The court held that the plaintiffs could not claim to be unaware of the case thus could not seek to be joined or challenged the judgement, at this moment.

    Omo-Agage and Waive, whose candidacy had earlier be annulled by the Federal High Court, Asaba have to wait for the party at the National level who are party to the case to appeal the judgement.

  • Appeal Court upholds Fayemi’s election as Ekiti Governor

    …as Judges dismiss suit by PDP, Olusola

    The Court of Appeal in Abuja has upheld the victory of Ekiti State Governor Kayode Fayemi of the All Progressives Congress (APC) in the last governorship election.

    A three-man panel of the court, in a unanimous judgment yesterday evening, dismissed the appeal by the People’s Democratic Party (PDP) and its candidate in the election, Kolapo Olusola, for lacking in merit.

    The court upheld the January 28, 2019 judgment of the Ekiti State Elections Tribunal, which sat in Abuja owing to problem of insecurity in Ekiti State.

    The tribunal had, in its judgment, upheld Fayemi’s victory and dismissed the petition by PDP and Olusola on the grounds that they failed to prove their allegations, among which was that the election was marred by irregularities.

    Justice Stephen Adah, who read the lead judgment, resolved the seven issues identified for determination in favour of the respondents – Independent National Electoral Commission (INEC), APC and Fayemi.

    Justice Adah, at the commencement of proceedings, at about 7.05pm, noted that the day was fast spent and elected to read a summary of the lead judgment.

    After announcing that the seven issues were resolved against the appellants, Justice Adah proceeded to uphold the earlier judgment of the tribunal.

    He subsequently dismissed the appeal for lacking in merit.

    Other members of the panel, Justices Tinuade Akomolafe Wilson and Emmanuel Agim, agreed with the lead judgment.

    The proceedings lasted less than 30 minutes.

  • Analysis: A’Court judgement on Zamfara APC primaries and implication for party’s win

    It is no longer news that the Court of Appeal sitting in Sokoto on Monday led by Justice Tom Yakubu, has set aside the judgement of a Zamfara High Court on the All Progressives Congress (APC) primaries that produced the party’s candidates for governorship, National and State Assembly elections.

    However, what is not clear to many is the implication of the judgement on APC’s win in the Governorship and House of Assembly seats in the state.

    A Zamfara State High Court had earlier recognised the primaries held by the APC and directed the Independent National Electoral Commission to accept the party’s candidates for the elections.

    But the Chairman of the Senate Committee on Petroleum (Downstream), Kabiru Marafa, and 129 others through their counsel, Mike Ozhekome( SAN), appealed the judgement.

    Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr Mahmud Magaji as the lead counsel.

    Marafa and others had approached the appellant court and argued that the state high court lacked the jurisdiction to entertain the suit and that its judgement should be declared null and void.

    In the judgement, which was adopted by the two other judges in the panel, Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu held that the lower court failed to perform its duty to properly evaluate the evidence before it.

    “The Appeal is hereby allowed. The judgement of the lower court delivered on the 25th, January 2019 by Shankafi in suit No ZMS/GS/52/2018 is hereby set aside. Parties shall bear their costs.”

    In the judgements and court order obtained exclusively by TheNewsGuru (TNG), the judge stated clearly that the party had made two unsuccessful attempts to conduct primaries in the state and list of candidates were not duly submitted to the Independent National Electoral Commission, INEC, by the national headquarter of the party as promised by the national chairman of APC, Adams Oshiomole.

    “I hereby, set aside the judgement of the lower court which allowed the party to field candidates in the last general elections,” he said.

    He added: “I believe this will serve as a very bitter lesson for political parties to learn. They must abide by the provision of the electoral act which provide level play ground for all aspirants,” the judge ruled.

    implications of court judgement

    Except another competent court (in this case the Supreme Court) issues an opposing judgement, the implication of the judgement is that the ruling APC in the state will automatically vacate their elected seats to the opposition, Peoples Democratic Party (PDP). This includes the state assembly, national assembly and the governorship elections conducted by INEC on February 23 and March 9 respectively.

    INEC will have to issue Certificates of Return to the PDP candidates instead of those of the APC.

    Confirming this development in an exclusive interview with TNG, a participant at the party’s (APC) governorship primary said: “The implication of the judgement is that the second runner up takes it. The result is both side looses being the consequence of impunity,” he said.

    court order,

    part of d judgment

    Zamfara Government rubbishes judgement, says party’s victory intact

    The governor of Zamfara State, Abdul’aziz Yari, has called on members of the All Progressive Congress (APC) and residents of the state to remain calm and be law-abiding after the Court of Appeal nullified the primaries of the party in the state.

    Following the decision by the Sokoto Division of the Court of appeal this morning, setting aside, the rulling by Justice Bello Shinkafi led Zamfara State High Court on the APC Governorship and state assembly Primaries conducted on the 3rd and 7th October last year across the nooks and crannies of Zamfara state.

    His Excellency the Executive Gov of Zamfara state Hon (Dr) Abdulaziz Yari Abubakar appeals to all the law abiding members of the APC and indeed all the citizenry of Zamfara state including members of all political parties to remain calm and law-abiding, pending the release of the judgement which is currently being prepared for presentation to the public.

    However, unlike the rumours now awash all social media platforms that the Court of appeal Sokoto Division has nullified our elections, is not true. The statement is incorrect. Those circulating the rumours are doing so to cause mayhem in our state to satisfy the ego of their masters. You may recall that they have been doing so to mislead the public.

    What the Court of appeal Sokoto Division division did this morning was setting aside the judgement by the Zamfara State High Court on the ground of ” EXAMINATION OF PROOFS OF EVIDENCE “. This has nothing to do with our elections.

    Recall that in February, the court of appeal sitting in Abuja set aside the judgment of the Federal High Court, Abuja, which barred the APC from fielding candidates, in consonance with the earlier decision of the Independent National Electoral Commission (INEC).

    The Court has not in anyway tempered with our elections, as only Tribunal has the right to listen to issues arising from election matters. Again, the Court of appeal Sokoto Division has not in anyway tempered with the processes of the primary elections. It only faulted the examination of the proofs of evidence.

    Furthermore, the processes of filing the appeal were done after the expiration of period within which to do so. For these reasons, His Excellency the Executive governor of Zamfara state and Chairman Nigeria Governors Forum and Senator- elect, Abdulaziz Yari Abubakar is appealing to all members of the APC and it’s supporters to remain calm and law-abiding.

    While awaiting the release of the judgement by the Sokoto Division of the Court of appeal, before taking it to the ” Next Level,” Gov Yari thanks and appreciates the concern by all party members and supporters.

    We are yet to receive Appeal Court judgement – INEC

    Meanwhile, the the National Commissioner and chairman of Information and Education Committee of INEC, Festus Okoye, in a reaction said the commission would not do anything until the judgment was given to the electoral body.

    He said, “We have not yet seen the judgment delivered by the Court of Appeal, Sokoto Judicial Division. When the commission receives a copy of the judgment, INEC will study the judgment and be sure that it emanated from a properly constituted court of law. We will study it and look at the prescribed order given by the court and see if the court made any consequential order.

    “The commission will then take a position in relation to what should be done. But you have to also bear in mind that elections have been conducted, declarations and returns have been made in relation to all the elective offices in Zamfara State.

    “For members of the Senate and House of Representatives, the commission has issued Certificates of Return to them. The only Certificates of Return that have yet to be issued relate to the governor and the deputy governor as well as members of the state House of Assembly.”

    PDP hails judgement, says APC participated illegally in the elections

    The main opposition, the Peoples Democratic Party (PDP) in a reaction to the development said that the APC participated illegally in the Zamfara State governorship election.

    It said this was evident in the ruling of the Court of Appeal that nullified the primary that produced the governorship candidate of the APC who participated in the election.

    The National Chairman of the PDP, Prince Uche Secondus applauded the court for the judgment, saying that the “night ruling that INEC relied on to allow the APC participate in the election was suspicious.”

    Secondus, who said the PDP knew that the APC was smuggled into the ballot, wondered how INEC was able to print fresh ballot papers and distribute them overnight during the March 9 governorship election in the state.

    He said, “The Court of Appeal judgment has vindicated us. The judiciary is alive and we are happy for that. Though the judges are facing a lot of challenges from the intimidating government, we are however happy that the judges are strong and telling the truth to power.”

    I’ve been vindicated with judgement, former Zamfara governorship aspirant, Marafa

    A member of the National Assembly , Senator Kabiru Marafa (APC Zamfara Central), on Monday said he had been vindicated by the judgement of the Court of Appeal setting aside the ruling of Zamfara state High court on the APC primaries in the state.

    Marafa, who is Chairman of Senate Committee on Petroleum (Downstream) , in a reaction hailed the judgement of the Sokoto division of the Appeal Court which set aside the ruling of the high court on the party’s primaries in the state.

    Marafa, a former governorship aspirant in the state, said the judgement had shown that truth will always prevail over falsehood.

    Hailing the Appeal Court judges for standing by the truth, the Senator said: “I have always believed that the Zamfara State High Court ruling was nothing but a black market judgement that can never stand legal scrutiny.

    ” The Appeal Court judgement has rekindled the fact the judiciary is the last hope of the common man. We are all living witnesses to the fact that the APC in Zamfara was unable to conduct primaries and couldn’t reach consensus due to the attitude of Governor Abdulaziz Yari, but the Zamfara state High Court judge ruled against the truth. The Appeal Court has today done justice by throwing the judgment of the Zamfara High Court to the trash bin, where it rightly belongs.”

    The ranking lawmaker, while commending the million of his supporters for their support, cooperation and patience, urged them to discountenance the press release from the Zamfara Government House, claiming that today’s judgement has no effect on their election.

    ” The statement by the Zamfara Government House on the Appeal Court judgement is the last kick of dying pigs, not even horses. You cant build on nothing, APC didn’t conduct primaries, they don’t therefore have candidates in the just concluded elections,” he further said.

     

  • Election Petitions: Discharge your duties without fear, sentiments – A’Court President tells Tribunal members

    Election Petitions: Discharge your duties without fear, sentiments – A’Court President tells Tribunal members

    Members of the 2019 election petition tribunals have been warned to avoid sentiments in handling the various cases brought before them.

    The President of the Court of Appeal, Zainab Bulkachuwa, gave the warning on Wednesday at the induction of the tribunal members in Abuja.

    Ms Bulkachuwa inaugurated the tribunal members before they were sworn in by the acting Chief Justice of Nigeria (CJN), Tanko Muhammad, in January.

    She urged the members to “own their tribunals” and ensure justice in the adjudication of the various election petitions.

    The Appeal Court President urged the members to decide on cases without fear or favour.

    She noted the vast nature of the work at hand and called on the judges to ensure due diligence and professionalism in the discharge of their duties.

    “Always be law-abiding and do not allow yourselves to be stirred by emotions, fear, or sentiments. You are expected to be in charge of your courts.

    “As judicial officers, we should discharge the responsibilities reposed on us, both individually and collectively by dispensing justice in accordance with the law without fear or favour, affection or ill-will within the dictates of our conscience and oath of office,” Ms Bulkachuwa said.

    The 250 members of the tribunal were inaugurated by Mr Muhammad shortly after the suspension of the CJN, Walter Onnoghen in January.

    The induction ceremony took place at the High Court of the Federal Capital Territory, Gudu District, Abuja.

  • JUST IN: Appeal Court reserves judgments in Onnoghen’s cases

    The Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnghen.

    A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they will be informed when judgments were ready.

    The appeals are CA/A/44c/2019; CA/A/CA/A/63c/19; CA:A/70c/2019 and CA/A/114c/2019.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.

    The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.

    The arrest warrant, issued on February 13 this year, was vacated by the CCT on February 15 when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.

     

  • Ozekhome writes INEC, says A’Court didn’t clear Zamfara APC to field candidates

    Lawyer to the Senator Kabiru Marafa faction of the All Progressives Congress (APC) in Zamfara State, Mike Ozekhome (SAN) confirmed on Friday that the judgment by the Court of Appeal in Abuja given on Thursday set aside the January 27, 2019 judgment by Justice Ijeoma Ojukwu of the Federal High Court, Abuja.

    Justice Ojukwu had, in the judgment, held among others that there was no evidence before her court that the APC in Zamfara conducted valid primaries for the purpose of producing candidates for this year’s general elections.

    The decision of the Court of Appeal on Thursday, setting aside Justice Ojukwu’s judgment, for lack of jurisdiction, has since been interpreted by many to mean that the Independent National Electoral Commission (INEC) should now accept candidates from Zamfara APC, a position Ozekhome faulted.

    He argued that, since the Court of Appeal only set aside the judgment, but failed to make a consequential order directing INEC to accept candidates from Zamfara APC; it implies that the earlier decision by the electoral body, refusing the party’s candidates, still stands.

    In two separate documents issued on Friday – a press release and a letter to INEC Chairman (both of which he personally signed), Ozekhome urged INEC to reject candidates from Zamfara APC on the grounds that that “nothing has changed,” despite the Appeal Court judgment given in Abuja on February 21, 2019.

    Ozekhome insisted that, since an appeal filed by his client, Marafa, was still pending before the Court of Appeal in Sokoto State, against the judgement of the Zamfara State High Court, which said there were valid primaries, the issue (of whether or not there were valid primaries) could not be said to have been safely resolved.

    The Senior Advocate said: “Court of Appeal sitting in Abuja on 21st February, 2019, dismissed the appeal filed by APC challenging the judgment of Justice Ijeoma Ojukwu, which had affirmed INEC’s stand that the APC did not conduct any primary election in Zamfara state and that INEC was right to have rejected APC’s candidates from Zamfara state.

    “The dismissal followed an application by APC to withdraw the appeal. The application was granted and the appeal dismissed accordingly.

    “Next was the cross-appeal filed by Yari & Co on jurisdiction and cause of action.

    “The judgment given by the Court of Appeal today clearly stated that the appeal partially succeeded and went ahead to set aside the judgment of the lower court on jurisdiction only, but refuse to grant the cause of action component of the appeal.

    “By this, the Court of Appeal refused to grant INEC any order to revive candidates of the APC from Zamfara state.

    “The cross-appeal therefore partially failed because, from the onset, APC had a complaint against INEC only. Governor had applied to join the case voluntarily.

    “And, Justice Ijeoma Ojukwu in her judgment held that ‘APC did not seek any relief against the 2nd to 6th dependents (Yari & Co) and considering that Yari and & Co didn’t file a counter claim, or cross action against APC in the suit, she now held that Yari & Co have nothing to add in this case.

    “From the foregoing, it is clear that the cross-appeal by Yari and his group, before the Court of Appeal, having partially failed, becomes at best, a mere academic exercise bereft of any utilitarian value to the entire case.

    “The false assertion that the Court of Appeal had cleared the way for the APC to participate in Saturday’s election is therefore a lie from the pit of hell.

    “It is nothing short of the desperate minute by frustrated politician holding on any available straw to smuggle themselves Willy nilly into Saturday’s election. This cannot work.

    “INEC is hereby reminded that there exists in addition to the above legal obstacles, a subsisting appeal which arose from the Zamfara State High Court judgment, which is still extant and pending before the Sokoto division of the Court of Appeal , in Appeal no: CA/S/32/2019.

    “In any event, the judgment of the Federal High Court, going by the judgment of the Court of Appeal still partially succeeded, since the Court of Appeal refused to make any clear mandatory orders directing INEC to receive any candidates from Yari group for the purpose of Saturday’s elections.

    “INEC is therefore obligated and legally bound to stand by its earlier well founded position that APC, having never conducted any primaries in Zamfara state, have no candidates in the forthcoming elections in Zamfara state, have no candidate in the forthcoming elections in Zamfara state, except the presidential election.

    “Any other act by INEC in fielding any candidates from the Governor Yari’s group or the “G-8” group will be illegal, unconstitutional, null, void and of no effect whatsoever,” Ozekhome said.

    He made similar argument in the letter to the Chairman of INEC.

    Part of the letter reads: “Sometimes in October 2018 when INEC wrote to APC, intimating it that the commission would not be expecting any list of candidates from them, having failed to conduct primaries within the stipulated time, APC challenged that decision of the commission by filing a suit at the Federal High Court, Abuja, which decided the case in favour of the commission and dismissed the suit.

    “Governor Abdulaziz Yari of Zamfara State had cross-appealed. By the judgment of the Court of Appeal on 21st February, 2019 the intermediate court held that the lower court lacked the jurisdiction to hear the matter in the first place and therefore struck it out.

    “What this decision means sir, is that, as at today, there is no valid or extant decision of any court of law in Nigeria, which has set aside the well-grounded decision of INEC as contained in its letter of 9th October, 2018.

    “In addition to this clear legal obstacle against any of the parties fielding any candidate in the forthcoming Zamfara elections (aside the presidential election), there also exists and still pending before the Sokoto division of the Court of Appeal, a valid appeal filed by Senator Kabiru Marafa in appeal no: CA/S/33/2019.

    “Consequently, by way of summary, nothing in the decision of the Court of Appeal, Abuja has changed the well-grounded position of maintenance of status quo of disallowing. Any of the parties to field candidates for the forthcoming elections, except the presidential election.

    “The Court of Appeal, Abuja division merely struck out the suit which had been dismissed by Justice Ijeoma Ojukwu of the Federal High Court, Abuja with no consequential order.

    “Please sir, this letter urges you to firmly maintain your earlier position so as to prevent a clear circumvent of the judicial process and an appeal that is still pending before the Sokoto division of the Court of Appeal,” Ozekhome said.

     

  • Appeal Court clears Zamfara APC candidates for 2019 elections

    The Court of Appeal in Abuja has set aside a decision of the Federal High Court which affirmed the exclusion of the All Progressives Congress candidates in Zamfara State from the forthcoming general elections.

    The lower court presided by Justice Ijeoma Ojukwu had on January 25 ruled that INEC was right to have excluded the APC from the elections.

    The court said the primaries that produced the candidates was flawed.

    But in a ruling on Thursday, a three-member panel led by Justice Abdul Aboki described the lower court ruling as an “aberration”.

    The appeal agreed with lawyers representing the APC who argued that the motion brought before the lower court was filed outside of the allowed time.

    According to the judges, the application ought to have been brought 14 days from the date when the alleged electoral infraction occurred.

    The Appeal Court ruled that the filing of the matter, after 14 days at the lower court, made it impossible for the lower court to have jurisdiction on the matter.

    “The suit is hereby struck out for lack of want of jurisdiction on the part of the lower court. The judgement of the lower court is hereby set aside,” the court ruled late Thursday.

    Details later….