TheNewsGuru

Tag: Appeal Court

  • Appeal Court resumes 2025 with special sittings across divisions

    Appeal Court resumes 2025 with special sittings across divisions

    The Court of Appeal has begun the new year with special sittings across the various Divisions of the Court.

    In a special sitting in Enugu on Tuesday, the President of the Court of Appeal Hon. Justice Monica Dongban-Mensem CFR, welcomed learned Counsel to the new year noting that she is a daughter of the land having served in Enugu for two different periods 2003 and 2019 respectively.

    His Lordship said that the purpose of the special sitting which should have taken place much earlier than now, was to decongest the Division.

    Justice Monica Dongban-Mensem said “Having worked here, I know the volume of work in the Division, I know the weight of Enugu State to our great nation Nigeria. It is a commercial hub and I am happy that the Court has continued to run and will continue to run by the grace of God”.

    His Lordship noted that there are 80 appeals listed to be heard and determined during the four days of special sitting.

    Hoping that learned Counsel and parties will take advantage of this very special sitting to ensure that all the legal matters listed will be heard so that the Division can be decongested and allow things to improve.

    “I know that Enugu is a very vibrant commercial center and we want to ensure that matters filled are timely determined so that business can flow seamlessly and people will feel the presence of justice close to home, you don’t have to go far an search.

    “We will move quickly and I’ll appreciate that learned  Counsel look at their files as I’ve always said.” She said

    Wishing Counsel all the best, the President of the Court of Appeal said she is happy to be in Enugu and that a lot has changed since she was last in the state.

    His Lordship also commended the Attorney General and his team for the good work and hoped the people appreciate his efforts. “…I am not a politician but I am affected by the conduct of politicians, and if you see good work you acknowledge it, I think I’ve seen some good development and I am proud that the key person’s running this State are lawyers. I am proud when our colleagues are in office and they are doing well and when they are in office and they are not doing well, we should not mince words to call them to order.”

    The President of the Court recognized her brother justices Hon. Justice James G. Abundaga and Hon. Justice Abdul-Azeri Waziri noting that Justices were pulled from Divisions around Enugu and they will be sitting together because the Court has decided to enforce the conference process, which she noted wasn’t a new thing because when she was at the Enugu Division in 2003, they were doing strictly conferencing after sitting throughout the week.

    But overtime she said, it became relaxed though the Court is enforcing it now, stating that the Chief Justice of Nigeria Hon. Justice Kudirat Kekere-Ekun GCFR has been emphasizing on it and therefore the justices have been grouped in a way that will enable them hold conference and address issues that may arise before the final judgement is pronounced.

    The aim she said, is to reduce the alleged conflicting decisions because when she came into office, she took several steps to ensure that the incidents of conflicting decisions were reduced.

    This she said, was further enforced by sitting together so that after the special court session, they go back to their different Divisions still together and comparing together and produce judgement that will stand the test of time.

    In response, the Attorney General of Enugu State Kingsley  Udeh, on behalf the the Governor and good people of Enugu State and the members of the Bar, wished the Justices of the Court of Appeal, a happy and prosperous new year 2025. Noting that their visit and holding of the special sitting of Court of Appeal, Nigeria, has began to have very positive impact not just in the legal landscape, but the generality of our society.

    He said it will interest the Justices to note that the Court in the Enugu Division has not sat on Monday’s owing to security concerns. But with the visit of the Justices of the Court, first the President of the Court of Appeal Nigeria and her brother Justices from the various Divisions to Enugu, it has further strengthened the renewed confidence that is growing concerning the security, order and peace of the state.

    Saying that he believes it has encouraged the Justices to sit on Monday. So for the first time in at least 4 years now, the Court sat on Monday which he said is the immediate impact of the visit of the Hon. President of the Court of Appeal and other Justices of the Court.

    Another impact he said, is the decongestion of the Court’s docket and this are not just cases, they involve people, involve the government, they involve rights, claims and even justice of people and as it is said, justice delayed is justice denied.

    Udeh added that this special sittings will certainly quicken the wheel of justice and justice will not only be done but will be dispensed with the various panels that will sit for the scheduled number of days.

    Another advantage of the sitting he said, is that it will produce more decided cases and of course we know how important the decision of the Court of Appeal are to our jurisprudence, they are all reported, most of them reported so the decisions that will be reached from these special sittings of course would be reported in our law report for our learning for direction and of course for the legal development of our country.

    “My lord let me also say that the aspiration of every lawyer in Nigeria is to attain the rank of Senior Advocate of Nigeria and I know all the lawyers seated here have that aspiration and will require the decisions of the Court of Appeal to attain to that rank.

    “So making this facility available this special sitting, has increased the opportunity we have to have more decisions of the Court of Appeal that we will use for application to the rank of Senior Advocate of Nigeria.

    “So my noble lord we are grateful, your coming is quite auspicious, you are a spiritual woman with your brother justices, with your coming the President also came we received the President of the Federal Republic of Nigeria on Saturday it’s part of the renewed hope.

    “Renewed hope in oneness and unity of our country and that we can have a country where we can call our own. That we will have safety and order.

    “Have security for people to thrive in their various calling and businesses we are grateful my noble lord, your coming indeed has opened 2025 on a very good note and we believe that this will progress, this good opening will not only be for now, it will be the experience that my noble lords will have and every one seated will also have for year 2025.

    It is on that note that we welcome you we welcome you with great gratitude and may the honorable court be pleased.

    Commencing the hearing, the Hon. President of the Court of Appeal wished everyone a happy new year.

    His Lordship went further to admonish Counsel to familiarize themselves with the Court of Appeal rules and ensure they familiarize themselves with their briefs before appearing before the Court.

    She also enjoined them to always read the Court’s rules and make things easy for the court not difficult.

  • Appeal Court confirms Oba Shotobi’s appointment

    Appeal Court confirms Oba Shotobi’s appointment

    The Appeal Court sitting in Lagos has unanimously confirmed the appointment and installation of Oba Kabir Adewale Shotobi as the authentic Ayangburen of Ikorodu.

    This is contained in a statement by Oba Shotobi’s personal assistant, Mr Ademola Adeyeri on Thursday in Ikorodu.

    According to Adeyeri, this decision brings an end to the nine-year dispute over the Ayangburen stool.

    Adeyeri said the Lambo branch of the Lasunwon Ruling House had filed an appeal challenging Oba Shotobi’s installation.

    He, however, said the appellate court, presided over by Hon. Justice Obande Ogbuinya, had now confirmed Oba Shotobi’s position as the rightful Ayangburen of Ikorodu.

  • Onnoghen’s lawyer speaks after acquittal of ex-CJN

    Onnoghen’s lawyer speaks after acquittal of ex-CJN

    The Court of Appeal on Monday overturned the conviction of a former Chief Justice of Nigeria, Justice Walter Onnoghen, for false asset declaration by the Code of conduct tribunal.

    The court overturned Onnoghen ‘s conviction citing resolution of key issues surrounding his trial.

    Delivering judgment, Justice Abba Mohammed, adopted the settlement terms reached between the federal government and Onnoghen.

    Justice Mohammed ordered that the former CJN’s four bank accounts, which had been previously frozen and marked for forfeiture as part of the judgment, be released back to him.

    The case involved allegations that Justice Onnoghen failed to properly declare these accounts among his assets while serving as CJN, which led to his prosecution by the CCT.

    The judgment underscores an evolving position on the matter of judicial independence and asset declaration requirements for public officials.

    Speaking after the judgment, Adegboyega Awomolo, SAN, Counsel to Onnoghen expressed gratitude to President Bola Tinubu and the Attorney General of the Federation (AGF), Lateef Fagbemi, SANfor their roles in ensuring a resolution.

    Awomolo noted that the outcome represents a significant moment for both the judiciary and the principle of justice in Nigeria.

    He acknowledged the efforts made to restore Onnoghen’s dignity and reputation, which had been called into question during the prolonged legal process.

    Onnoghen’s case highlighted the importance of fair treatment for judicial officers and the integrity of asset declaration processes within Nigeria’s public service.

    At the last sitting, on September 19, the appellate court approved the Federal Government’s and the former CJN’s request to settle the matter out of court.

    The two parties in the suit informed the three-member panel that they were already in talks on a peaceful resolution of the dispute.

    Former President Muhammadu Buhari had in 2019 removed Onnoghen as the CJN following a charge levelled against him bordering on false declaration of his assets where the CCT had found him guilty and removed him from office.

  • BREAKING: Appeal Court acquits ex-CJN Onnoghen

    BREAKING: Appeal Court acquits ex-CJN Onnoghen

    The Court of Appeal has declared the conviction and suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN) as unlawful.

    TheNewsGuru.com (TNG) reports the Appeal Court also ordered that the bank accounts of Justice Onnoghen sealed by the government should be unfrozen and released to him.

    The court discharged and acquitted the former CJN of his conviction and ruled that that the Code of Conduct Tribunal lacks jurisdiction over the matter that led to his conviction.

    The court also set aside the ruling by the Chairman of the Code of Conduct Tribunal, Danladi Umar.

    The consent judgment is the outcome of settlement terms, reached by counsel to the Federal Government and the former CJN. The Court of Appeal had earlier granted the request of the Federal Government and former CJN to settle out of court.

    Recall former President Muhammadu Buhari had in 2019 removed Onnoghen as the Chief Justice of Nigeria during the pendency of a charge against him at the Code of Conduct Tribunal.

    Onnoghen was prosecuted in 2019 by the federal government on false declaration of assets at the Code of Conduct Tribunal(CCT). He was pronounced guilty and removed from office. He was also made to forfeit the undeclared assets to the federal government.

    Onnoghen not satisfied with the judgment of CCT appealed, praying the court to set aside the judgment that removed him from office and ordered the forfeiture of his five bank accounts.

    In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN asked the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and and absence of fair hearing.

    Among others, Onnoghen maintained that the Danladi Umar-led CCT panel erred in law and occasioned a miscarriage of justice against him, when it failed to decline jurisdiction to entertain the six-count against him.

    He contended that the CCT Chairman ought to have recused himself from presiding over his trial.

    In his seven-point reliefs, Onnoghen, applied for an order setting aside his conviction as well as quashing the order for forfeiture of his assets and to discharge and acquit him of all the charges levelled against him.

    Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was s judicial officer at the time the charges were filed against him on Jan. 11, 2019 and as such cannot be subjected to the jurisdiction of the lower tribunal.

    “On the authority of Nganiiwa v. FRN (2018) 4 NWLR (Pt. 1609) 30: at 340. 341 only the National Judicial Council (NJC) has the power to discipline the Appellant for misconduct and not the lower tribunal.

    “The lower tribunal had in the case of FRN V. Sylvester Nwali Nguta in charge No: CCT/ABJ/01/2017 delivered on 9th January, 2018, affirmed the position of the Court in FRN Nganjiwa v. FRN .

    The court further dismissed the charges acquitted and discharged Justice Ngwuta being a Judicial Officer subject only to the discipline of the National Judicial C0uncil.

    “The lower tribunal has no iurisdittion over servng judicial officers such as the appellant, save the National Judicial Council.

    “The Motion on Notice dated Jan. 14, 2019, challenging the jurisdiction ought to be granted in all material particular as it purports to save the lower tribunal of needless futile exercise.

    “The lower tribunal erred In law when it dismissed the Appellant’s Application seeking the chairman to recuse himself from further proceedings on the ground of real likelihood of bias and thus occasioned a miscarriage of justice.

    “The Appellant has alleged that the chairman of the lower tribunal is biased towards him as a result of open remarks in the tribunal as well as the manner in which the proceedings was being conducted.”

    Contrary to the CCT finding, Onnoghen, said he did not admit the fact of non-declaration of Assets from 2005 as the Justice of the Supreme Court, adding that he only stated that he did not declare in 2009 as required because he forgot.

    Onnoghen challenged the order for the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”

    He faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.

    Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

    The former CJN asked the Court of Appeal to issue some orders against the CCT judgment among which are that the tribunal lacks the jurisdiction to entertain the case and that its Chairman ought to have recused itself from the proceedings.

    Onnoghen therefore applied for an order setting aside his conviction and another one setting aside the order for forfeiture of his assets made by the Tribunal as well as to discharge and acquit him from the charges.

    Onnoghen was in 2019 convicted by the Code of Conduct Tribunal in all the 6-count charges of breach of Code of Conduct for Public Officers brought against him by the federal government while in office as CJN .

    In the lead judgment delivered by Chairman of the CCT, Danladi Umar, he had ordered the immediate removal of Onnoghen from office as the CJN.

    The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and also the chairmanship of the Federal Judicial Service Commission.

    The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, CCB, an agency of the Federal Government.

    Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.

  • Appeal Court sets aside Rivers 2024 budget passed by Edison-Ehie group

    Appeal Court sets aside Rivers 2024 budget passed by Edison-Ehie group

    The Court of Appeal in Abuja has affirmed the judgment of the Federal High Court which set aside the N800 billion budget passed by five members of the Rivers State House of Assembly led by the Edison Ehie-led group.

    The appellate court dismissed the appeal filed by the Governor of Rivers State Siminalayi Fubara on grounds that it lacked merit.

    The court held that Governor Fubara withdrew his counter-affidavit at the lower court in the matter and as such cannot commence an appeal in a matter he didn’t challenge at the trial stage.

    Details later…

  • Just in: Appeal Court dumps Enugu PDP Rep, affirms Agbo of LP as authentic winner

    Just in: Appeal Court dumps Enugu PDP Rep, affirms Agbo of LP as authentic winner

    The Court of Appeal sitting in Enugu, on Wednesday, affirmed the ruling of the House of Representatives tribunal that sacked the member representing Igboeze North/Udenu federal constituency, Hon. Simon Atigwe.

    The appellate court rather returned the candidate of the Labour Party, LP, Hon Dennis Nnamdi Agbo who was declared winner in the February 25th 2023 National Assembly election and sworn in but was sacked for a re-run election that took place on February 3rd 2024.

    The Peoples Democratic Party candidate, Atigwe, was subsequently sworn in as the winner of the 2024 election, but Agbo’s petition to the second election tribunal filed against Atigwe was on Wednesday, consolidated by the Appeal Court and sent Atigwe packing from the House of Representatives.

    The Appeal Court in delivering the judgement said that Atigwe of the PDP wasn’t duly elected by the valid votes cast in the rerun election and declared Dennis Agbo of the Labour Party as the rightful winner of the election.

    The Independent National Electoral Commission, INEC, had declared that the PDP’s candidate polled a total of 23,863 votes to defeat the Labour Party candidate who it said scored 23,226 votes.

    Agbo of the LP who had earlier won the February 25th, 2023 election but was sacked by the appellate court proceeded to the tribunal to challenge Atigwe’s declaration, arguing that the election was marred by wrong computation of result, substantial non-compliance to the electoral act among others.

    In their ruling on Wednesday, the Tribunal headed by Justice H N Kunaza said that the petition had merit and declared Hon. Dennis Nnamdi Agbo the actual winner of Igbo Eze North/ Udenu Federal constituency.

    Justice Kunaza’s panel declared invalid, null and void the 2000 votes added to the PDP candidate and restored the votes of 25th February 2023 of 14,229 for the PDP and 28,870 for the LP candidate, Rt Hon Dennis Agbo.

  • BREAKING! Again, Shaibu floors Obaseki as Appeal Court confirms he’s authentic Deputy Gov

    BREAKING! Again, Shaibu floors Obaseki as Appeal Court confirms he’s authentic Deputy Gov

    The Court of Appeal, Abuja Division, has dismissed an appeal by the Edo State House of Assembly, affirming that Comrade Philip Shaibu remains the Deputy Governor of Edo State.

    The Appeal Court upheld the earlier decision of the Federal High Court in Abuja, which voided Shaibu’s impeachment and ordered his immediate reinstatement to office.

    The court warned that any individual aside from Shaibu parading themselves as Deputy Governor would face legal consequences.

    This development comes after the Edo State House of Assembly impeached Shaibu on April 8, citing reasons such as perjury and leaking government secrets.

    However, Justice James Omotosho of the Federal High Court ruled that the impeachment procedure breached due process and ordered Shaibu’s reinstatement.

    The court also set aside the appointment of Omobayo Godwins as the new Deputy Governor, replacing Shaibu. The Inspector General of Police was directed to provide Shaibu with necessary security to enable him to resume office and perform his functions as Deputy Governor until the end of his tenure.

  • Court dismisses Kyari’s appeal to drop drug related charges against him

    Court dismisses Kyari’s appeal to drop drug related charges against him

    The Court of Appeal in Abuja has dismissed an appeal from suspended Deputy Commissioner of Police, DCP Abba Kyari, who sought to have drug-related charges against him dropped. Kyari appealed a March 22 ruling by Justice Emeka Nwite of the Federal High Court, which refused to dismiss the charges against him.

     

    Kyari challenged the court’s jurisdiction to try him and four other police officers, arguing they had not yet undergone internal disciplinary procedures within the Nigeria Police Force (NPF). Justice Nwite had previously ruled that the Federal High Court’s authority supersedes the Police Service Commission’s powers.

     

    A three-member panel from the appellate court agreed with Justice Nwite’s decision and rejected Kyari’s appeal as unfounded. Justice Adebukola Banjoko, delivering the lead judgment, stated that there was no justification to alter Justice Nwite’s March 22, 2023 ruling.

     

    “In conclusion,” Justice Banjoko said, “this court finds no reason to disturb the findings and conclusions reached by the learned trial judge of the Federal High Court, and the ruling delivered on the 22nd day of March 2023 is affirmed. The learned trial judge is directed to continue and conclude the trial at the Federal High Court. The appeal is found unmeritorious and it is accordingly dismissed.”

     

    Justices Peter Obiora and Okon Abang, who were also on the panel, concurred with the lead judgment.

     

    Kyari, formerly head of the Nigeria Police Force’s Intelligence Response Team (IRT), is being prosecuted by the National Drug Law Enforcement Agency (NDLEA) along with four IRT members—ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu. They are accused of conspiring to traffic 17.55 kilograms of cocaine and unlawfully handling 21.35 kilograms of cocaine seized from two convicted drug dealers.

  • Ododo’s Appeal Court victory excites Kogi Govt

    Ododo’s Appeal Court victory excites Kogi Govt

    The Kogi Government has described Gov. Usman Ododo’s electoral victory at the Court of Appeal as a huge leap forward.

    Information commissioner Kingsley Fanwo told newsmen on Thursday in Lokoja that the victory had affirmed Ododo as the people’s choice.

    The SDP and Murtala Ajaka, its candidate in the Kogi Governorship contest, had sued INEC, Ododo and the APC to challenge Ododo’s victory.

    The State Election Petition Tribunal, after hearing all sides, dismissed the petition.

    Not satisfied, SDP and Ajaka appealed the judgement of the tribunal before the appellate court.

    The three-member panel of Justices, in a judgment, agreed with the state election tribunal that the SDP and its governorship candidate, Ajaka, failed to prove all the allegations in their petition beyond reasonable doubt.

    An excited Fanwo, while reacting to the judgment, said it represented “echoes of the indisputable victory of our governor at the poll”.

    “Ododo will remain unwavering in his faith in the judiciary.

    “Today’s judgement represents echoes of our victory on Nov. 11, 2023. We campaigned and worked hard to reassure the people that our party is the most reliable to take the state forward.

    “Nov. 11 will continue to be remembered in Kogi as the day that the citizens resolved to speak with one voice, birthing a resounding victory for the incumbent Governor.

    “Today’s verdict has offered another great opportunity for those who lost at the poll and in the courts to join the Governor in moving the state forward,” he said .

    He said that the court case did not slow down governance as the Governor had continued to “roll up his sleeves and deliver democracy dividends to the people”.

    According to him, the jubilation that greeted the verdict affirming the victory is a demonstration of the triumph of the people’s will.

    The Commissioner urged the people to continue to support Ododo’s bid to make Kogi a “confluence of excellence”.

    UPDATED- Appeal Court affirms Ododo’s election victory, dismisses SDP, AA, PRP’s appeals

    The Court of Appeal, Abuja on Thursday, affirmed Usman Ododo of the All Progressives Congress (APC) as the validly elected governor of Kogi.

    A three-member panel of the court, in a unanimous judgement delivered by Justice Onyekachi Otisi, held that the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, failed to prove the allegations contained in their appeal beyond reasonable doubt as required by law.

    The Appeal Court equally dismissed the appeals filed by Action Alliance (AA) and its governorship candidate, Olayinka Braimoh; and that of the Peoples Redemption Party (PRP) and its governorship candidate, Dr Abdullahi Bayawo, challenging Ododo’s victory.

    Justice Otisi, while delivering judgment on SDP and Ajaka”s appeal, agreed with the Kogi State Governorship Election Petition Tribunal which sat in Abuja.

    The judge said the tribunal was right to have expunged the evidence of the 1st prosecution witness (PW-1) called by the petitioners on the ground that the evidence tendered by the witness was a documentary hearsay.

    She said witnesses, whether subpoenaed or normal, are supposed to front-load their witness statements on oath as required by law.

    “The order of the tribunal expunging the evidence of the PW-1 cannot be voided.

    “The law grants the lower court power to expunge inadmissible evidence brought before it,” she said.

    The judge held that the petitioners’ witnesses were incompetent because their statements did not accompany the petition in line with the electoral laws

    She agreed with the tribunal that there were inconsistencies in the case of the appellants.

    According to her, the allegation of forgery of document that Ododo submitted to the Independent National Electoral Commission (INEC) is a pre-election matter which is handled by the Federal High Court and not the tribunal.

    The said action, Justice Otisi held, happened before the conduct of the Nov. 11, 2023 governorship election in the state and as such, cannot be legislated upon by the lower tribunal.

    The judge also held that allegation of forgery of document ought to be proven beyond reasonable doubt.

    “This, the appellants failed to do as required by law.

    “Affidavit of lost attached to Form EC8 by the 2nd defendant (Ododo) is by no means a certificate.

    “I see no reason to disturb the decision of the lower tribunal on the petition as the appellants have failed to prove their allegations contained in their petition”, the appellate court held.

    Justice Otisi subsequently resolved all the issues raised in the appeal against the appellants.

    “This appeal failed and it is hereby dismissed for lacking in merit.

    “There is no order as to cost, parties are to bear their respective cost”, Justice Otisi held.

    The tribunal had, on May 27, affirmed the victory of Gov. Ododo of APC in the Nov. 11, 2023 Kogi governorship poll.

    The three-member panel of justices, headed by Justice Ado Birnin-Kudu, held that the petition was bereft of substance and accordingly dismissed it.

    The tribunal held that SDP and Ajaka failed to prove the allegations of over-voting and non-compliance with the Electoral Act, 2022 in the petition.

    The panel, in a unanimous, decision held that all the witness evidence filed before it were incompetent and full of inconsistencies.

    It also agreed with the submissions of the respondents that the allegations of forgery raised in the petition were pre-election matter, which ought to have been raised 14 days after the documents were submitted to INEC.

    Kogi had, on Nov. 11, 2023, held its off-cycle election in which Ododo of the APC emerged winner, beating his closest rival, Ajaka of the SDP with a wide margin.

  • Kogi 2023: SDP’s Ajaka goes to Appeal Court to challenge Tribunal’s verdict

    Kogi 2023: SDP’s Ajaka goes to Appeal Court to challenge Tribunal’s verdict

    Kogi State Social Democratic Party (SDP) candidate in the November 11, 2023 election, Muritala Yakubu Ajaka, has gone to the Federal Appeal Court, Abuja challenging the State Election Petition Tribunal judgement which affirmed Ahmed Usman Ododo of APC as elected governor of the state.

    .
    In the record compiled and transmitted on his behalf by lawyer, Pius Akubo (SAN), to the court of appeal in Abuja on 14/6/2024, the appellant stated emphatically that the judgement of the State Election Petition Tribunal which affirmed the governorship election of Ododo of the APC, was a serious miscarriage of justice.

    He strongly insists that he and his party won the November 11, 2023 election and should therefore be declared the rightful winner.

    He submitted thirty one grounds of Appeal comprising five (5) grounds over the Tribunal ruling itself, (10) ten grounds on competence of their witnesses, (10) grounds in respect of over voting, five (5) grounds on non-qualification of Ododo and one (1) ground for prayers with consequential orders.

    The appellants who are dissatisfied with the decision of the Kogi State Election Petition Tribunal headed by Hon. Justice Ado Yusuf Birnin Kudu, Submitted the petition vide No EPT /KG/GOV/ 03/2023 of 14/6/2024. The summary of the appeals are:
    a. An order allowing the appeal
    b. An order setting aside the judgement of E.P Tribunal.
    c. An order restoring the testimony of P.W 1 as well as all documents tendered by the Appellants but expunged from the records.
    d. An order that the 2nd respondent was not even qualified to have contested the election into the office of Governor of Kogi State held on 11/11/2023 and that all votes ascribed and or allocated to the 2nd and 3rd Respondents are wasted votes.
    e. An order granting the reliefs sought by the appellants in the petition and thereupon declaring him (the 1st Appellant) as the duly elected governor of Kogi State.
    f. Such further orders as this Honourable Court may be inclined to make by virtue of it’s power under section 15 of the Court of Appeal Act.
    It will be recalled that shortly after the controversial judgement of 27/5/2024, Ajaka said that the long walk to freedom in Kogi State has just began.

    In his reaction ,Ajaka said, “despite the outcome of the Tribunal I am proud to say that we have a team of brilliant lawyers who did an outstanding job in proving the case of over-voting during the November 11, 2023 election”.

    He maintained that throughout the entire process our lawyers exhibited the highest level of professionalism and tenacity.

    According to him, they meticulously gathered evidence, scrutinized data and presented and presented a compelling case to the tribunal. Unfortunately, the tribunal despite agreeing to the embarrassing over voting and rigging exercise, struck our case out.

    “These lawyers did not fail us. We are very optimistic that they will be vindicated by the end of the petition. I can assure you that this judgement will not stand the test of time. Yes we may have lost the battle at the Tribunal but the war is far from over. Our stollen mandate and our voice will not be silenced.

    We will rise from the ashes of this defeat, stronger and more determined than ever before. We must be encouraged to pursue justice and keep our faith unwavery. We are the authors of our own destiny and we have the power to shape the future of our State. Let us rise above this setback and together let us reclaim our stollen mandate”.

    further stated, “we must remind ourselves that the fight is not just winning the election, it is about standing up for what is right, what is just and what we believe in. Our opponent may have won this first round of battle but they have not won the war. We will take this fight to the very end where justice will prevail. We will reclaim our stollen mandate and restore the faith of our people in the democratic process”.

    He maintained that “the violence, aggression and intimidation we face from our opponent during the campaigns, election and it’s aftermath did not stop us. We will not be deterred by temporary setbacks because our spirit is unbreakable”.

    In his official reaction, the lead legal team of the appellants Pius Akubo(SAN) stressed that the judgement of 27/5/2024 agreed that Ajaka filled his case within the stipulated time frame.
    Also, the Tribunal Judges admitted that there was over voting. But in their confusion they ruled that PW1 who displayed the documents with which they agreed there was over voting is not clear to them.

    They claimed they did not know if he was INEC Nigeria staff or not. Meanwhile It will be recalled that the Tribunal judges was the one who ordered INEC to provide the BVAS and someone who will power and display the BVAS in court.
    It corecalled also that the PW1 came to the court with a certified letter from INEC to stating that he was indeed the representative of INEC. recall also that the PW1 was in the court with his ID card and other supporting documents to show he is INEC staff.

    Recall further that when the PW1 absented from the court it was INEC the Tribunal ordered to produce him or produce another person and they did comply to produce him yet the Tribunal said they do not know him. What a contradictive judgement!
    I want to say that the election of November 11, 2023 in Kogi State was not conducted in substantial compliance with the Electoral Act. 2022 as well as manual and guidelines involving the conduct of elections having regards to the numerous instances of over voting.