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Tag: Appeal Court

  • Again, Appeal Court postpones hearing in suspended CJN Onnoghen’s appeals

    …Reschedules hearing for Feb 27

    The Court of Appeal in Abuja on Tuesday postponed its planned hearing of the three appeals filed by suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen to February 27.

    This is the third time, in one month, the court will postpone hearing in the appeals filed against the decisions of the Code of Conduct Tribunal (CCT) before which Onnoghen is standing trial for alleged breach of code of conduct for public officers.

    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 application.

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

    The court had, in late January this year, scheduled hearing in the appeals for February 12 thus year.

    When parties got to court, the court could not form a quorum for the purpose of hearing the appeals. Two of the three Justices, required to form a quorum, were said to be attending a seminar.

    The court subsequently adjourned to the next day. It could also not hear the appeals on February 13 owing to a request by the Federal Government to be allowed to engage a new lawyer.

    Oyin Koleoso, who represented the Minister of Justice and Attorney General of the Federation (AGF), told the court that the AGF has instructed that Aliyu Umar – SAN – (who is prosecuting the charge at the CCT) should take over the case of the respondent.

    Kolaoso noted that Umar was, (at the moment the Court of Appeal proceedings were on), at the CCT.

    Koleoso sought an adjournment to enable Umar take over the case of the respondent.

    Lawyers to the appellant, Chris Uche (SAN) objected to an adjournment, but he was overruled by a three-man panel of the court presided over by Justice Abdul Aboki.

    The court further adjourned hearing in the appeals till February 20.

    Again, when parties got to court on Tuesday, Umar, who appeased for the respondents, said he has filed an application, in which he, among others sought to be afforded time to familiarise himself with what had been filed in the appeals so far.

    Appellant’s lawyer, Uche did not object to a request for a brief adjournment, following which the court adjourned till February 27 this year.

     

  • JUST IN: Appeal Court sacks Balogun-Fulani’s Kwara APC executives

    …Affirms Bolarinwa as authentic Kwara APC chair


    Court of Appeal sitting in Ilorin, the Kwara state capital on Tuesday sacked the Hon Ishola Balogun-Fulani faction of the All Progressives Congress (APC) in the state.

    The court thereafter affirmed the authenticity of the Hon Bashir Bolarinwa-led APC executives in the state.

    A Kwara state High Court had December 19th last year ruled that the dissolved Ishola Balogun-Fulani executive is the authentic exco of the APC in the state.

    The lower court thus nullified any candidate produced by the Bashir Bolarinwa executives for the forthcoming elections.

    Dissatisfied by the judgement of the lower court, the APC (appellant) approached the appellate court for redress.

    The appellants’ grounds of appeal are that “the claimants cannot join the Independent National Electoral Commission (INEC) at the state High court because INEC is a Federal Government agency; the amendment of
    their originating summons was brought in bad faith.

    “They brought issues that were not in existence as at the time of filing the suit originally. Even though the lower court has discretion, but its discretion must be exercised judicially and judiciously which was not done in this circumstance.”

    The appellate court in an interlocutory judgement it delivered last week upheld the nomination of AbdulRahman AbdulRazaq as the state APC governorship candidate.

    Reading his judgement on the main appeal Justice Ibrahim Salauwa set aside the judgement of the lower court and upheld the Bashir Bolainwa-led executives.

    He added there would be no reason to deliver a judgement on the same matter with the same parties after the interlocutory judgement of last week.

    Justice Salauwa added that it “would amount to share fruitless academic exercise which the courts are not meant for.”

    Reacting to the judgement, counsel to Hon Bolarinwa, Kamaldeen Gambari said that “what transpired is the affirmation of the interlocutory judgement which this court delivered sometime last week.

    “It said the originating process of Ishola Balogun-Fulani is incurably defective. The state High Court has no jurisdiction to go ahead in the matter.”

    APC counsel, Lawal Jimoh said that the judgement “has laid to rest all the controversies about the judgement of the Kwara state High Court delivered December 19th last year. It nullified the total judgement.

    The issue of Hon Ishola Balogun-Fulani parading himself as the APC chairman has been laid to rest.

    “This judgement further solidifies that primaries of APC held in October last year in the state. There is no controversy at all. As of today the APC in Kwara state can go and sleep when it comes to the issue of factionalisation of the party or not.

    “The court by that judgement affirmed the authenticity of Hon Bashir Bolarinwa-led executives of APC in the state and of course all the candidates that emerged from the primaries that were held by the National Working Committee (NWC) of APC in October 2018 remain valid.”

    Counsel to Ishola Balogun-Fulani, Abdulazeez Ibrahim expressed his dissatisfaction with the judgement. Ibrahim added that “the judgement is a simple one, because the issues were trashed at the interlocutory stage. That is supposed not to be the case. The decision in the interlocutory appeal has determined even the main appeal that was delivered today.

    “So we are not satisfied about that judgement. And we have appealed against the interlocutory judgement delivered last week. So we are going to appeal against the judgement just delivered today again.”

  • BREAKING: Appeal Court fails to hear Onnoghen’s appeals

    The Court of Appeal in Abuja on Tuesday failed to hear the three appeals filed by suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The appellate court had in late January adjourned on February 12, 2019 for the hearing of the appeals.

    But, when lawyers to parties got to court on Tuesday, the court could not form quorum for the purpose of hearing the appeals.

    Parties were told to await information, on a later date, on when the hearing is to be rescheduled.

    The appeals are against the decisions of the Code of Conduct to assume jurisdiction over the charge pending against Onnoghen and the ex-parte injunction granted by the CCT, on which President Muhammadu Buhari acted to suspend Onnoghen.

     

  • Rivers APC reacts to Appeal Court judgement allowing it to field candidates

    Rivers APC reacts to Appeal Court judgement allowing it to field candidates

    The Rivers State chapter of the ruling All Progressives Congress (APC) has officially reacted to a court judgement on Monday afternoon granting a stay of Execution on the Judgement of Justice Kolawole Omotosho of the Federal High Court which nullified all Primaries of the All Progressives Congress (APC) and also restrained the Independent National Electoral Commission (INEC) from fielding the Party’s Candidates in the forthcoming 2019 elections.

    The party in a statement signed and released by its spokesperson, Chris Finebone said the judgement vindicated the party in the state.

    Read full statement below:

    WE HAVE BEEN VINDICATED – RIVERS APC

    The Appeal Court sitting in Port Harcourt today (Monday, 4th of February, 2019) has granted Stay of Execution on the Judgement of Justice Kolawole Omotosho of the Federal High Court which nullified all Primaries of the All Progressives Congress (APC) and also restrained the Independent National Electoral Commission (INEC) from fielding the Party’s Candidates in the forthcoming 2019 elections.

    We have always said that the wheel of justice may grind slowly, sometimes annoyingly slowly, but surely justice comes ultimately. We believe that today’s judgment has vindicated APC in Rivers State.

    Now, anyone who has carefully and painstakingly followed our pending matter at the Supreme Court, especially, during the last sitting before the apex court reserved ruling, will easily and safely conclude that our victory at the Supreme Court is only a matter of time. The key issues of REPRESENTATION and JURISDICTION which Justice Chiwendu Nworgu deliberately overlooked in tailoring his judgment to fit into a predetermined purpose, and yet bandy it as a CONSENT judgment, will be completely deconstructed by the excellent legal minds on the Supreme Court bench. In this particular case, the end will justify our dogged efforts as we shall, once again, prevail by God’s grace!

    All Rivers APC faithful should remain resolute as we are set to recover all that Satan has battled so hard to take away from us.

    INEC, by today’s Appeal Court ruling, should by now be reinstating our candidates’ names on the ballot in line with the status quo before the pronouncement by the federal high court of Justice Omotosho.

  • BREAKING: Appeal Court rejects Onnoghen’s request to stop trial at CCT

    The Court of Appeal has dismissed a request brought by suspended Chief Justice of Nigeria, Walter Onnoghen, for a stay of proceedings in his trial at the Code of Conduct Tribunal.

    The court in a ruling on Wednesday said the request brought by Onnoghen “was brought in a vacuum,” without a proper backing of legal provisions why it should have been granted.

    According to the appellate court, Onnoghen’s lawyers had argued that their application was brought because the tribunal, on January 14 refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.

    The court, however, read through the words used during the January 14 adjournment of the tribunal wherein the CCT slated January 22 for hearing of motions in the matter.

    “Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki while reading through the tribunal’s ruling on January 14.

    “The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.

    According to the appellate court, the words used by the tribunal did not suggest the submissions made by the applicant. The court questioned the likelihood of its jurisdiction to grant such order as requested, given the evidence before it.

    “A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” said Mr Aboki who read the ruling with two other judges.

    “Order for stay cannot be made in vacuum. It is a matter of law and fact,” the court ruled.

    The court therefore decided that the application for stay of proceedings will not be granted and subsequently refused it.

    The ruling implies that the CCT can now proceed with the trial of the chief justice for alleged false asset declaration. The CCT had postponed the trial based on last week’s directive of the appeal court.

    Details later…

     

  • Appeal Court stops CCT from proceeding with Onnoghen’s trial

    The Court of Appeal on Thursday ordered the Code of Conduct Tribunal to halt the trial of the Chief Justice of Nigeria, Walter Onnoghen.

    The appeal court granted an order for stay of proceedings of the trial at the tribunal.

    A three-member panel of the appeal court granted the interim order pending the ruling on a suit filed by Mr Onnoghen, Channels Television reports.

    The CCT had adjourned Mr Onnoghen’s trial to Monday.

    Onnoghen is being tried by the Nigerian government for alleged false asset declaration.

    He has denied any wrongdoing.

     

  • A’Court fixes date for hearing of CJN Onnoghen’s appeal against trial

    The Court of Appeal Abuja on Monday fixed January 24 to hear a notice of appeal seeking to restrain the trial of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal.

    Counsel to Onnoghen, Chief Adegboyega Awomolo (SAN), had filed the appeal challenging the January 14 decision of the tribunal which adjourned until January 22 to commence proceedings on the trial of the CJN.

    Ruling, Justice Abdul Aboki held that the appellate court had no definitive order to make in the present circumstance and therefore went ahead to fix January 24 to hear the merit of the appeal.

    It would be recalled that the Federal High Court Abuja, the FCT High Court and the National Industrial Court had, at various times, restrained the tribunal from commencing Onnoghen’s trial pending the determination of suits on the subject matter before them.

    Counsel to the Federal Government, Mr. Emmanuel Omonuwa, had raised objection on the court’s earlier readiness to hear the appeal, adding that he was served with the processes on Friday.

    According to him, he requires some days to file his responses on the issues raised. He, therefore, prayed the court to adjourn the matter to enable him file his responses.

    Omonuwa also said that there was no need for the court to make any fresh restraining order, as three courts in Abuja had already issued restraining orders on the CCT, adding that those orders still subsisted.

    Onnoghen, in the appeal, is also challenging CCT’s admission of Federal Government’s motion asking him to step down as the CJN pending the determination of the petition.

    The News Agency of Nigeria recalls that the Code of Conduct Bureau instituted an action against the applicant on allegations bordering on non-assets declaration.

  • BREAKING: Appeal Court sacks Kashamu, Abati, others as Ogun PDP candidates

    BREAKING: Appeal Court sacks Kashamu, Abati, others as Ogun PDP candidates

    The Ibadan Division of the Appeal Court, on Tuesday December 18, 2018 sacked Senator Buruji Kashamu and other ‘candidates’ in the Adebayo Dayo-led faction of the Ogun State PDP.

    With this judgement, Hon. Oladipupo Adebutu and others who emerged through the party’s primaries are now the authentic candidates of the party in the 2019 election.

    The three-man appeal panel set aside the judgment of a Federal High Court in Abeokuta which threw up Kashamu and his factional members as the authentic PDP candidates.

    The panel headed by Justice A. B. Bada, resolved the four issues raised for determination in the appeal in favour of the PDP, saying the appellants were not properly served in the case at the lower court which breached their rights to fair hearing.

    Both Justices Bada and N. Okoronkwo agreed with Justice H. S. Samani who read the lead judgment.

    The judgment is expected to have removed the cloud over governorship candidates of Hon. Oladipupo Adebutu and the National Assembly and Ogun State House of Assembly candidates for the 2019 election.

    The PDP had dragged the Adedayo Bayo-led faction to the appellate court to challenge the lower court judgment which threw up its candidates.

    They prayed the court to set aside the judgment on the grounds that they were not properly served before judgment was delivered and that the lower court judge was wrong in his judgment.

     

  • Appeal Court voids arrest warrant issued against INEC chairman

    Appeal Court voids arrest warrant issued against INEC chairman

    The Abuja Division of the Court of Appeal has nullified the arrest warrant earlier issued by the Federal High Court in Abuja against the chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu.
     
    Justice Stephen Pam of the Federal High Court had, on August 1, 2018, ordered the Police to arrest Yakubu for allegedly refusing, on three occasions, to honour the court’s summons to face a contempt charge instituted against him by an acclaimed chairman of the Anambra State chapter of the Peoples Democratic Party, Ejike Oguebego.
     
    Eguebego’s contempt suit was predicated on the allegation that the INEC chairman had refused to honour a judgment of the Supreme Court delivered in December 2014, which directed INEC to recognise him as the chairman of the PDP in Anambra State.
     
    But a five-man panel of the Court of Appeal, led by Justice Abdu Aboki, has unanimously set aside the arrest warrant on the grounds that the INEC chairman was denied fair hearing in the proceedings leading to the issuance of the arrest warrant.
     
    The Court of Appeal also ordered that the case file be taken away from the judge who issued the arrest warrant and be re-assigned to another judge of the court who would start the matter afresh.
     
    Before the issuance of the arrest warrant on August 1, 2018, the Federal High Court had, in its ruling of July 5, 2018, ordered the INEC chairman to appear in court to answer to the contempt suit.
     
    Subsequently, the Federal High Court, on August 1, 2018, ordered the Police to arrest him for his alleged continued refusal to honour the court’s summons.
     
    But Yakubu had, through his lawyer, Chief Adegboyega Awomolo (SAN), appealed before the Court of Appeal to challenge the arrest warrant and the Federal High Court’s summons leading to the issuance of the order of arrest.
     
    The Court of Appeal had delivered its judgment on October 11, 2018, setting aside the entire committal proceedings before Justice Pam at the Federal High Court.
     
    A copy of the judgment of the Court of Appeal was only obtained on Wednesday.
     
    Delivering the lead judgment of the Court of Appeal on Yakubu’s appeal, Justice Aboki nullified the entire committal proceedings, including the issuance of the summons and the arrest warrant.

  • Appeal Court reverses judgment on election sequence dispute

    The Court of Appeal in Abuja has reversed the judgment by the Federal High Court, Abuja which voided Section 25 in the Electoral Act (Amendment) Bill 2018, which sought to dictate the sequence of the next general elections.

    Justice Ahmed Mohammed of the Federal High Court, Abuja had, in a judgment on April 25 this year, upheld a suit by Accord Party, to the effect that the National Assembly attempted to usurp the exclusive power of the Independent National Electoral Commission (INEC) by seeking to dictate the sequence of elections.

    But, in a judgment on Wednesday on an appeal by the National Assembly, a five-man panel of the Court of Appeal, led by the court’s President, Justice Zainab Bulkachuwa set aside the April 25 judgment by Justice Mohammed.

    Justice Bulkachuwa, in the lead judgment, said the Federal High Court was without jurisdiction to hear the suit in the first place, because it (the suit) was premature.

    The court said the provision of a Bill could not be challenged in court until it becomes an Act.

    The appellate court was also of the view the plaintiff at the lower court, Accord Party (AP) lacked the locus standi to institute the suit, because the disputed provision of the Bill did not affect its (AP’s) rights or obligations as a political party.

    The court said the “general interest” which is available to the public did not confer on Accord Party, the rights to challenge the provision of the Electoral Act (Amendment) Bill 2018.