TheNewsGuru

Tag: Appeal Court

  • Appeal Court to deliver judgement on Edo poll today

    Appeal Court to deliver judgement on Edo poll today

    The Court of Appeal sitting in Benin will on Friday deliver judgement on the appeal filed by the Peoples Democratic Party and its candidate, Pastor Osagie Ize-Iyamu, challenging the ruling of the Edo State Election Petitions Tribunal on the September 2016 governorship poll.

    The PDP and Ize-Iyamu are challenging the judgement of the Justice Ahmed Badamasi-led tribunal which upheld the election of the candidate of the All Progressives Congress, Mr. Godwin Obaseki.

    The tribunal had dismissed the petition for lack of merit.

    However, the appellants are, among other grounds of appeal, seeking an order setting aside the decision of the tribunal and an order nullifying the election of Obaseki, while declaring Ize-Iyamu as the winner with the highest number of lawful votes cast in the poll.

    They had in their appeal alleged that the tribunal judges erred and truncated their (appellants) right to fair hearing “by first finding fault, discrediting, disbelieving and dismissing their petition before considering at all and reviewing the testimonies of the witnesses of the respondents and, thus, occasioning a miscarriage of justice.”

    TheNewsGuru.com reports that the Independent National Electoral Commission, INEC had in September declared the then candidate of the All Progressives Congress (APC) Mr. Godwin Obaseki as the winner of the keenly contested gubernatorial election.

  • Account for assets recovered from Cecilia Ibru, Appeal Court orders CBN

    Account for assets recovered from Cecilia Ibru, Appeal Court orders CBN

    The Court of Appeal has affirmed the decision of the Federal High Court in Lagos ordering the Central Bank of Nigeria, CBN, to disclose the total cash and value of properties recovered from a former Managing Director of the defunct Oceanic Bank, Cecilia Ibru, who was convicted of corruption.

    The judgment, which was delivered by Justice Mohammed Idris on October 2, 2012, was affirmed by the appellate court in a lead judgment by Justice Biobele George.

    Justice George held, “In the result, part of the judgment of the Federal High Court, Lagos Division, Coram: M.B. Idris Justice, in suit number FHC/L/CS/494/2012, Mr. Boniface Okezie vs the Central Bank of Nigeria delivered on 2/10/2012 wherein reliefs 1(e),(f) and (g) sought by Mr. Okezie were granted is hereby affirmed.”

    The reliefs marked, 1(e),(f) and (g), sought by Okezie, a shareholder in the defunct bank, were that, “The total cash and value of properties recovered from Cecilia Ibru; the whereabouts of the money and properties recovered; and what part of this cash and properties has been returned to Oceanic Bank and/or its shareholders,” should be disclosed by the CBN.

    Justice Idris had granted the reliefs but the CBN, which was displeased had gone on appeal, which the Court of Appeal dismissed.

     

  • JUST IN: Appeal Court overturns ex-NIMASA DG, Omatseye’s conviction

    JUST IN: Appeal Court overturns ex-NIMASA DG, Omatseye’s conviction

    The Lagos Division of the Court of Appeal has overturned the judgment of the Federal High Court in Lagos which convicted a former Director-General of the Nigerian Maritime Administration and Safety Agency, NIMASA Raymond Omatseye.

    TheNewsGuru.com reports that Omatseye was convicted on June 6, 2016, by Justice Rita Ofili-Ajumogobia of 24 out of the 27 counts pressed against him by the Economic and Financial Crimes Commission, EFCC.

    She sentenced him to five years imprisonment without an option of a fine.

    Displeased, however, Omatseye, proceeded on appeal, with his lawyer, Mr. Olusina Sofola (SAN), describing Justice Ofili-Ajumogobia’s judgment as unreasonable and urged the appellate court to overturn it.

    In a judgment on Thursday, the Court of Appeal agreed with Sofola and overturned Omatseye’s conviction.

    Details shortly…

  • Edo Poll: Appeal Court strikes out Ize-Iyamu’s appeal

    The Court of Appeal sitting in Benin, Edo State, on Friday dismissed an appeal filed by the Peoples Democratic Party, PDP and its candidate, Pastor Osagie Ize-Iyamu, challenging the discontinuation of the recounting of ballot papers used during the September 28 governorship election in four local government areas of the state.

    The PDP and Ize-Iyamu have approached the court to challenge Godwin Obaseki of the All Progressives Congress as winner of the election by the Independent ‎National Electoral Commission.

    TheNewsGuru.com reports that INEC had declared Obaseki winner of the election with 319, 483 votes while Ize-Iyamu scored 253, 173 votes.

    The governorship election petitions tribunal, led by Justice Ahmed Badamasi, had on February 10 ordered the stoppage of the recounting exercise for Akoko-Edo, Egor, Etsako West and Etsako East Local Government Areas, following the expiration of the 14 days allotted the PDP and Ize-Iyamu, who were the petitioners, to prove their case.

    The petitioners had, through their counsel, Yusuf Alli (SAN), filed an appeal seeking an order to direct that the recounting of the used ballot papers for the identified LGAs be completed.

    However, in its verdict on Friday evening, the court held that the decision of the electoral tribunal was right as it was anchored on the provision of the Electoral Act, 2010 (as amended).

    Justice Mudashiru Nasiru, who read the ruling, held that the time allotted to each of the parties was sacrosanct and, therefore, limited the petitioners’ time to prove their case.

    He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the recounting of the ballot papers after the 14 days had elapsed.

    He said, “Whatever any party should do to prove its case must be done within the time produced by the schedule. Once a party commences, the time prescribed will start to run.”

    The appellate court, therefore, stated that the appeal was unmeritorious and thereby dismissed.

    “The two issues for determination are resolved against the appellants. The appeal is unmeritorious and lacked merit. It is hereby dismissed,” It added.

  • A’Court judgement: Makarfi convenes emergency meeting

     

    Sequel to the affirmation of Senator Ali Modu Sheriff on Friday as Chairman of the Peoples Democratic Party, PDP, , by an Appeal Court sitting in Port Harcourt, Rivers State, the Caretaker Committee Chairman of the party, Senator Ahmed Makarfi, has called for an emergency meeting of party stakeholders over the ruling.

    TheNewsGuru.com reports that an Appeal Court sitting in Port Harcourt, Rivers State, had on Friday ruled in favour of Sheriff as chairman of the party.

    However, the Makarfi’s faction of the party rejected the ruling, saying it was heading to the Supreme Court to contest the judgement.

    According to a notice signed by the faction’s Publicity Secretary, Dayo Adeyeye, the meeting will hold at the International Conference Centre, ICC, Abuja 2pm on Monday.

    Adeyeye said the decision of the Appeal Court which gave victory to Sheriff will be discussed.

    The notice of the meeting posted on the party’s twitter handle @OfficialPDPNIG mentioned that those invited to the meeting are “members of the National Executive Committee (NEC), members of the Board of Trustees (BoT), National Assembly members, former governors of PDP, former ministers on the platform of the PDP, former National Assembly members and party elders.”

    Adeyeye urged all invited guests to attend “unfailingly.”

  • A’Court Judgement: Makarfi remains chairman until S’Court decides – Fayose

     

    Following the reinstatement by the Appeal Court on Friday of Senator Ali-Modu Sheriff as Chairman of the Peoples Democratic Party, PDP, Chairman of the PDP Governors Forum and Ekiti State Governor, Ayodele Fayose has said he remains loyal to the Ahmed Makarfi Caretaker Committee until the Supreme Court states otherwise.

    Fayose said this in a statement released in Ado-Ekiti on Saturday.

    According to the governor, the Makarfi faction had already appealed the Appeal Court’s ruling, adding that “when we got the judgement at the lower court, affirming the Caretaker Committee, Sheriff was still parading himself as the chairman.”

    Fayose also spoke about the 2018 governorship elections and the apprehension among some people whether he would lose or win.

    He said: “I’m aware that some people are apprehensive of 2018 but I want to say it here that they should worry not. What I know that will happen tomorrow is that I will get to greater heights.

    “There are three major important factors in elections, the people is number one, followed by the party and the candidate. You can have a party and candidate, if you don’t have the people, you will fail because the power of the people is greater than the power of those of us in power.

    “Here in Ekiti, we have the people. I am saying it here that we are under the leadership of the Ahmed Makarfi led Caretaker Committee.

    “When we got the judgement at the lower court, affirming the Caretaker Committee, Sheriff was still parading himself as the chairman. This time around too, we have appealed the Appeal Court judgement and as such, Makarfi remains our chairman until the Supreme court decides.”

     

  • I will make Fayose, Wike irrelevant in PDP, says Sheriff

    The Peoples Democratic Party, PDP’s National Chairman, Senator Ali-Modu Sheriff says he will shut out Governor Ayodele Fayose of Ekiti State and the Rivers State Governor, Nyensom Wike from the party.

    Recall that TheNewsGuru.com published a story on an Appeal Court sitting in Port Harcourt, Rivers State, on Thursday, which held that Sheriff remains the authentic Chairman of the PDP.

    Reacting to the judgment, Senator Sheriff, vowed to put in place a machinery that would not give room to people like Wike and Fayose in any future arrangement in the party.

    The former Borno State Governor told reporters, “I will engineer a restructuring of PDP such that characters like Wike and Fayose cannot find a way through to attain any position of prominence in our party in the future.

    “They have brought shame and agony through the application of their crude and godless politics which is at variance with the principles upon which our founding fathers built our great party.

    “We must find a way to sieve things so that only men of character and integrity can come through for positions of responsibility at all levels of our political engagement in the country.

    “We must urgently steer the ship of PDP clear of the path of infamy which Wike and Fayose has brought our party, making Nigerians to mistaken PDP as a training ground for thugs. That is the urgent task we have. We cannot continue to advertise thug brand and expect Nigerians to take us seriously.”

  • No Cause for alarm over A/Court on PDP – Ekweremadu

    The Deputy President of the Senate, Ike Ekweremadu, has enjoined PDP members not to be anxious over ruling of Court of Appeal, Port Harcourt, on lingering party leadership tussle.

    This is contained in a statement signed by his Media Adviser, Mr Uche Anichukwu, on Friday in Abuja.

    He said there was no cause for alarm, as the party leadership would meet soon to take a decision on the best way forward.

    “I enjoin party faithful to remain steadfast as we will surely emerge stronger from the present challenges.

    “Those dreaming about the death of the opposition in Nigeria will have to sleep much longer and still wake up to meet us much stronger.

    “This is because a vibrant opposition is the beauty of democracy,’’ he said.

    The News Agency of Nigeria (NAN) reports that the Court of Appeal in Port Harcourt on Friday upheld former Sen. Ali Modu Sheriff, as the authentic National Chairman of the PDP.

    A Federal High Court in Port Harcourt in 2016 declared Makarfi as the chairman of the party, while another court of coordinate jurisdiction in Abuja, headed by Justice Okon Abang, ruled in favour of Sen. Ali Modu Sheriff.

    Following the leadership tussle, Makarfi and Sheriff have been working from offices other than the national headquarters of the party at Wadata Plaza in Abuja, due to its closure by security agencies.

  • A’Court Judgement: We’ll quit PDP for Sheriff, form a new party – Fani-Kayode

    A’Court Judgement: We’ll quit PDP for Sheriff, form a new party – Fani-Kayode

    Former aviation Minister, Femi Fani-Koyde said the appeal court ruling on Friday that declared Senator Ali Modu Sheriff as the authentic chairman of the Peoples Democratic Party, PDP is absurd.

    Fani-Kayode noted that it will be a waste staying a party with Sheriff as chairman. He therefore said the best option available to him and some other aggrieved members was the formation of a new party.

    The former Presidential campaign spokesperson in a series of tweet on his twitter handle wrote: “The C of A decision is absurd. It is time for us to gut the PDP, leave its carcass for the treacherous mole called Sheriff and form a new party.”

    Fani-Kayode, who dropped the hint while reacting to the Appeal Court’s earlier ruling affirming Sheriff as PDP Chairman, has earlier described the ruling as victory for President Muhammadu Recall that the Appeal Court sitting in Port Harcourt, Rivers State had earlier today ruled in favour of the former Borno State Governor.

    TheNewsGuru.com that an Appeal Court sitting in Port Harcourt on Friday declared Senator Ali Modu Sheriff the substantive Chairman of the party.

    Following the ruling, the Makarfi’s faction of the former ruling party disclosed that it would be heading for the Supreme Court to contest the judgment

  • Just-In: Appeal Court declares Sheriff Authentic PDP chairman

    An Appeal Court sitting in Port Harcourt on Friday declared Senator Ali Modu Sheriff the substantive Chairman of the People’s Democratic Party.

    In their rulings, three judges, Justice B.G. Sanga and Justice A.A. Gumel delivered judgement in favour of Senator Ali Modu faction while Justice T.S. Orji-Abadua ruled in favour of the Makarfi-led faction.

    At least, four lower courts of concurrent jurisdiction had given conflicting judgements on the controversy surrounding the leadership of PDP, a development landed the matter at the Appeal Court.

    In his ruling, Justice Sanga, who gave the lead judgement, said the party did not comply with its constitution in removing the executive of the PDP led by Sheriff.

    Sanga maintained that a vote of confidence might be moved on any officer, but a two-month notice should be provided to the secretariat of the party, which would in turn circulate it to all members of the party.

    He submitted that the PDP did not comply with the provisions of Article 47(3) of its constitution in the removal of the Sherrif-led working committee, maintaining that the national working committee was not put on notice.

    According to him, “A vote of confidence may be moved on any officer, but in doing that, a two-month notice shall be provided to the secretariat of the party, which shall also be circulated.

    “The way the (Sheriff) executive on May 21, 2016, showed that the party’s constitution was not complied with.”

    TheNewsGuru.com reports that the PDP has been enmeshed in leadership crisis following the inauguration of the Sen Ahmed Makarfi-led National Caretaker Committee in May 2016.

    The party had inaugurated the committee following the alleged expiration of the tenure of its embattled factional National Chairman, Sen Ali Modu Sheriff.

    However, spokesperson of the Makarfi-led National Caretaker Committee, Dayo Adeyeye in his reaction to the judgement, said ‘it is fight to finish’