Tag: Appeal Court

  • Just In: Appeal Court reserves judgement on Rivers lawmakers till later date

    Just In: Appeal Court reserves judgement on Rivers lawmakers till later date

    The Court of Appeal sitting in Port Harcourt, Rivers State capital, has reserved ruling in the case between Martin Amaewhule and 24 others against Victor Oko-Jumbo and others.

    The court, on Thursday, resolved to deliver its ruling on a later date.

    The three-man panel of Justice Jimi Olukayode Bada, Justice Hama Barka, and Justice Balkisu Aliyu, made this decision during its sitting on appeal number CA/PHC/198/2024, monitored virtually on Thursday.

    Amaewhule and 24 others are challenging the interlocutory injunction of Justice Charles Wali of a State High Court in Port Harcourt, which validated the declaration of their seats in the state House of Assembly vacant, pending the determination of the suit before it.

    The High Court had also ordered Amaewhule and others to stop parading themselves as members of the Peoples Democratic Party and Rivers State House of Assembly until the conclusion of the matter before it.

    However, Amaewhule and others who were disturbed by the decision of the high court approached the Court of Appeal sitting in the state for a stay and subsequent invalidation of the ruling.

    When the court sat on June 14, it urged the parties in the appeal to maintain status quo and advised the appellant to serve all the processes on the defendant.

    Amaewhule, in the suit, is seeking a stay of the interlocutory orders of the High Court and challenging the jurisdiction of the lower court to entertain the matter.

    But the court resolved to deliver its decision on the subject matter on a later date to be communicated to the parties.

  • Appeal Court President reveals 99 panels sat over 2023 election petitions

    Appeal Court President reveals 99 panels sat over 2023 election petitions

    The President of the Court of Appeal, Justice Monica Dongban-Mensem, on Monday said 99 panels were set up to sit on election petitions in 2023.

    Dongban-Mensem, made this known on Monday in Abuja at the opening of a- two-today workshop to review the 2023 Election Petition Tribunals/Court and Appeals.

    The workshop was organised in partnership with the International Foundation For Electoral System (IFES), Policy and Legal Advocacy Centre (PLAC).

    Others are the United States Agency for International Development(USAID) the UK international Development and the European Union.

    The workshop, she said, was organised to ensure that the country ‘s electoral process excel and also to learn from errors made and ways to proceed in the process better.

    ”The need to review the judicial process that preceded the election 2023 was very important. It  was a very difficult task, very challenging at the same time.

    ”A total of 99 panels were set up with three judges sitting in each of them drawn from high courts.

    ”That was a huge number of judges taken  out of our judicial system and dedicated to the electoral process.

    ”This workshop is important because we are dedicated and committed to ensuring that our electoral process excels.

    ”We want to learn from our errors, we want to discuss want we found as wrong with our legislation during this election having tried and applied the provisions.

    ”We are now in the position to say whether or not those provisions can actually move our electoral process forward” she said.

    She expressed appreciation to the justices, of the court of appeal, judges of the high courts and Customary courts, she also thanked development partners for their commitment.

    Similarly, the Attorney General of the Federation and minister of justice, Lateef Fagbemi, SAN in his remarks, commended the judiciary for the stabilising  role it plays in the electoral process as a nation.

    He noted that the Court of Appeal in particular, plays a more pivotal role in shaping and strengthening the electoral jurisprudence, through the exercise of its constitutional mandate in that regard.

    ”I will like to note that the vision of this workshop which is targeted at promoting judicial excellence, electoral integrity, and democratic governance, accords with the vision of the current administration in the areas of advancing judicial reforms and good governance.

    ”I am confident that the array of diverse and esteemed judicial icons, legal minds, electoral experts, and other stakeholders will no doubt satisfactorily dissect the issues arising from the theme of this workshop.

    ”I therefore look forward to the resolutions of this workshop to provide further guidance for me in my commitment to enhancing the quality of administration of justice and adherence to democratic principles in our country.

    ”Once again, I extend my heartfelt appreciation to the President of the Court of Appeal, IFES and PLAC for the vision, leadership, and dedication to promoting judicial excellence and electoral integrity.

    ”I also commend all our noble lordships who served either as Chairman or members of the various election petition tribunals/courts, for their hard work and commitment to the course of justice and national development” he said.

    Speaking, the chief justice of Nigeria (CJN) Justice Olukayode Ariwoola noted that political matters always tend to occupy the front burners of the adjudicatory activities .

    He added as all existing electoral laws have placed some time frame within which they must be heard and decided.

    ”So many things have been thrown up in the course of the various adjudications that took place at the different tribunals and courts that we now have to serve on our workshop table for intense rumination and digestion, as it were.

    ”This workshop is no doubt, coming at the most auspicious time. It will, undoubtedly offer us the rare opportunity to review those things that we may have done at our various levels which may not have been done with the best of intention and professionalism.

    ”Like they always say, it is better late than never. Every given opportunity in life, offers us a free ticket to do something novel and more impactful, especially misapplication of discretion.

    Speaking, Mr Clement Nwankwo , executive director , Policy and Legal Advocacy Centre said the outcome of the judgments as preserved by the citizens matters.

    He noted that when the election umpire fails the judiciary should stand to correct.

    ”Review of the past election is very important, review is meant to make us know how to move next time.

    ”As judges, I know you are guided by the law, the perception and interpretation make judiciary more prominent.

    ”You should be able to look at what was done the judgments given and the decisions taken to ensure that it will be able to be seen as justice,” he said.

  • Baba Ijesha: Appeal Court reserves judgment on minor’s sexual assault

    Baba Ijesha: Appeal Court reserves judgment on minor’s sexual assault

    The Court of Appeal Lagos Division, on Tuesday, reserved judgment in the appeal filed by a Nollywood actor, Olanrewaju James, popularly known as Baba Ijesha, over the sexual assault of a minor.

    The appellant is challenging his conviction by a Lagos State High Court over sexual assault of a minor.
    Baba Ijesha in his notice of appeal marked CA/LAG/CR/544/23 asked the appellate court to set aside the judgment of the lower court.

    Retired Justice Oluwatoyin Taiwo of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022, sentenced him to five years imprisonment over sexual assault of a minor.

    The judge convicted and sentenced him after he was found guilty of four counts out of six counts, in suit number ID/14623C/2021 preferred against him by the Lagos State Government.

    The state had through its Director of Public Prosecutions, Dr Babajide Martins, filed six counts bordering on indecent treatment of a child, sexual assault and sexual assault by penetration against the convict.

    The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault of a minor between 2013 and 2014, which contravened Section 135 of Lagos State Criminal Law, 2015.

    He was exonerated of sexual assault by penetration.

    Dissatisfied with the judgment, Baba Ijesha through his counsel, Mr Kayode Olabiran, approached the appeal court, praying it to declare that his conviction and sentence were done in error.

    At the hearing of the appeal on Tuesday, Baba Ijesha’s counsel, Olabiran, told the court that the appeal was filed on June 1, 2023.

    He argued that the prosecution could not prove that Baba Ijesha sexually assaulted the victim.

    Olabiran said: “The charge itself is centered on defilement of a minor but the prosecution could not prove the age of the victim.

    “The appellant was set up. The appellant is an actor. He acted in a script that he was invited to act by his colleague, PW1, Damilola Adekoya.

    “PW1 asked the appellant to come and act a script. It is in the statement of PW1 at Panti Police Station, unknowingly to the appellant there was a CCTV in the sitting room.

    “Whatever we watched in that movie was a script by the producer and the video of the scene of the acting was tendered by the prosecution.”

    The counsel told the court that the confessional statement of the convict on the day he was arrested was done under duress.

    He added that the convict was beaten by many people on that day which made him confess to committing the offence.

    Olabiran, however, urged the court to allow the appeal and  set aside the judgment of the lower court, delivered on July 14, 2022.

    In his response, the DPP,  Martins, urged the court to dismiss the appeal.

    He said that the appeal lacked merit and was a misconception.

    Martins also urged the court to affirm the judgment of the lower court which convicted Baba Ijesha of indecent treatment of a child and sexual assault.

    On the age of the victim, Martins, submitted that the victim was born on Oct. 6, 2006, which put her age at 14, in 2013 when the offence was committed.

    “At the time she gave evidence in 2021, she was 17 years old, which still makes her a child,” he said.

    The three-man panel of the appellate court, led by Justice Folasade Ojo, reserved judgment after listening to the arguments of the parties.

    Other members of the panel were Justice Abdullahi Bayero and Justice Paul Bassi.

  • Appeal Court fails to hear EFCC suit against order restraining Yahaya Bello’s arrest

    Appeal Court fails to hear EFCC suit against order restraining Yahaya Bello’s arrest

    The Court of Appeal in Abuja on Monday did not sit to hear the appeal lodged by the Economic and Financial Crimes Commission (EFCC) against the order of a Kogi High Court which restrained the anti-graft agency from arresting the immediate-past governor, Yahaya Bello.

    The Kogi court, in a ruling on April 17, restrained the EFCC from arresting, detaining and prosecuting  Bello.

    The judge, I.A Jamil, gave the order in a two-hour judgment delivered in suit no HCL/68/M/2020 in Lokoja, the Kogi State capital, on Wednesday.

    The judgment coincided with the  ”siege’ nvasion of Bello’s home in Abuja by EFCC operatives in a bid to arrest him.

    The EFCC is seeking to arraign the former governor on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2billion.

    The anti-graft agency determined to get Bello to face the law for his alleged crime, approached the Federal High Court in Abuja on the same day to get an arrest warrant.

    .The warrant was issued following an ex parte motion filed by the EFCC.

    In his ruling on the motion, Justice Emeka Nwite also directed that the former governor be produced before him on Thursday, April 18, for arraignment.

    He said, “It is hereby ordered as follows:

    That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment.

    “That case is adjourned until April 18 for arraignment.”

    NAN

  • BREAKING: Appeal Court reinstates Julius Abure as LP chairman

    BREAKING: Appeal Court reinstates Julius Abure as LP chairman

    The Court of Appeal, Abuja division, has confirmed Julius Abure as the National Chairman of Labour Party, LP.

    Ruling on an ex parte application on April 5, 2023, Hamza Muazu, the Presiding Judge, had restrained Abure, Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara from acting as national officers of the LP.

    The court also dismissed the objection raised by Abure challenging his removal as chairman of the LP.

    The suit which was filed by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah, and Ayobami Arabambi accused Abure and others of forging several documents of the FCT high court to carry out unlawful substitutions in the last elections.

    The defendants, however, approached the appeal court for redress.

    Delivering the lead judgement on Wednesday, Justice Hamman Barka held that the high court was wrong to have assumed jurisdiction on the matter.

    He also awarded N1m in favour of the appellants.

    Details to follow…

  • Alleged N7.6bn fraud: Appeal Court strikes out FG’s bid to retry Sen Orji Kalu

    Alleged N7.6bn fraud: Appeal Court strikes out FG’s bid to retry Sen Orji Kalu

    The Court of Appeal in Abuja has struck out the bid by the Federal Government to begin fresh prosecution of former Abia Governor, Orji Uzor Kalu, in the N7.6 billion fraud and money laundering case brought against him.

    The appellate court threw away the government’s move in a judgement delivered in Abuja by Justice Joseph Oyewole on Wednesday.

    Oyewole held that the record of appeal brought by the Federal Government was incompetent and unreliable for any court to use to grant its request.

    Among others, Justice Oyewole said that the record of appeal was not compiled, signed and certified by any person known to law.

    Specifically, Justice Oyewole said that the name of the person who compiled, signed and certified the record were not reflected as required by law.

    A Federal High Court had on Dec. 5, 2019 jailed the former governor now s a senator representing Abia North 12 years for alleged stealing the huge sums from the Treasury of Abia State while he held sway as governor of the state.

    The Judgment of the High Court was however voided and set aside by the Supreme Court on the ground that Justice Mohammed Idris who delivered it was already a Justice of the Court of Appeal having been elevated.

    The Supreme Court judgment delivered by Justice Ejembi Ekwo held that Justice Mohammed Idris cannot operate as a Federal High Judge and Justice of the Court of Appeal at the same.

    He subsequently ordered the Chief Judge of the Federal High Court to reassign the case to another Judge for a fresh trial.

    Kalu however went back to the Federal High Court and obtained an order prohibiting the Economic and Financial Crimes Commission EFCC from initiating his fresh prosecution.

    Justice Inyang Edem Ekwo who issued the prohibition order against EFCC said that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court.

    The federal government appeal against the decision of the high court was dismissed for the failure to produce proper records of proceedings of the high court.

  • Appeal Court orders FCMB to deposit N540m damages in Prophet Omale’s libel suit

    Appeal Court orders FCMB to deposit N540m damages in Prophet Omale’s libel suit

    The Court of Appeal, Abuja has ordered the First City Monument Bank (FCMB) to pay the sum of N540 million damages awarded against it for alleged defamation of Prophet Emmanuel Omale and his wife, Deborah.

    Justice Yusuf Halilu of a Federal Capital Territory (FCT) High Court had, in a judgment on Oct. 4, 2022, awarded the sum against FCMB.

    Justice Halilu held that the bank recklessly breached the duty of care it owe to Omale of the Divine Hand of God Prophetic Ministry, his wife and the church.

    The judge agreed that the bank made a false claim that former Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu paid N573 million to the church’s account.

    Meanwhile, the Court of Appeal, in a ruling on Feb. 1, rejected FCMB’s request for a stay of execution of the judgment pending the determination of its appeal, as prayed in a motion on notice it filed.

    Instead, a three-member panel presided over by Justice Muhammed Shuaibu, granted a conditional stay of the execution of the judgment by ordering the bank to pay the judgment sum of N540 million into an interest yielding account in the name of the court’s chief registrar.

    In an enrolled copy of the ruling sighted on Sunday, the appellate court said: “The application is granted as prayed in terms of the first  prayer in the appellant’s  motion filed on March 3, 2022.

    “Consequently, conditional stay of execution of the judgment is hereby granted to the appellant.”

    According to the appellate court, the condition being that the judgment sum shall be deposited into an interest yielding bank account of the court to be opened by the chief registrar of this court within 48 hours of the grant of this order.

    The panel then adjourned further hearing till a date to be communicated to parties by the court’s registry.

    The conditional stay granted by the Court of Appeal was alternatively conceded by the respondents; Omale, his wife and the church, in their counter affidavit to the appellant’s motion, which  they had actually sought to be dismissed.

    The Oct. 4 judgment by Justice Halilu was on a defamation suit marked: FCT/HC/CV2541/2020 filed by Omale, his wife and the church against the bank.

    During the investigation of Magu by the Justice Isa Salami-led presidential investigation panel, it was reported that an investigation by the Nigerian Financial Intelligence Unit (NFIU) revealed that the ex-EFCC chairman paid N573 million into Omale’s church’s account with which a property was allegedly bought in Dubai, the United Arab Emirates (UAE).

    Justice Halilu, in the judgment noted that evidence before his court showed that the bank admitted error in its report, to the NFIU, of entries in Divine Hand of God Prophetic Ministry’s account.

    The judge further noted that the bank claimed that the purported N573 million was wrongly reflected as credit entry in Divine Hand of God Prophetic Ministry’s account by its reporting system, which it recently upgraded.

    The judge noted that the bank admitted the error, which occasioned incalculable damage to the reputation of the claimants both within and outside the country.

    He held that the claimants provided sufficient evidence to establish case of negligence against the bank.

    Justice Halilu proceeded to award N200 million as aggravated damages; N140,500,000 as specific damages and N200 million as general damages.

  • APC NWC charges Plateau Speaker to swear in members affirmed by Appeal Court

    APC NWC charges Plateau Speaker to swear in members affirmed by Appeal Court

    The All Progressives Congress (APC) National Working Committee (NWC) has charged the Speaker of Plateau House of Assembly, Gabriel Dawang, to swear in the party’s 16 house members affirmed by the Court of Appeal as duly elected.

    Mr Felix Morka, the party’s National Publicity Secretary, made the call while speaking with newsmen on Tuesday in Abuja, saying the speaker’s refusal to swear in the 16 members was wrong and undemocratic.

    The 16 members include Nimchak Nansak, Dagogot Owen, Maiyaki Bala, Daniel Listick, Laven Jacob, Adamu Yanga, Kwarpo Sylvanus, Yusuf Chollom and Bendel Nanewat.

    They were issued Certificates of Return by the Independent National Electoral Commission (INEC) on Dec. 24, 2023, after the Election Petitions Tribunal and Court of Appeal sacked 16 members of the Peoples Democratic Party (PDP).

    “The intransigence of the Speaker and the Governor of the state in this matter is wrong, undemocratic and violently contemptuous of the authority of the Court of Appeal.

    “The highest court for the determination of election petition matters as it concerns the House of Assembly,” Morka said.

    He therefore advised the speaker to swear in the members without further delay in the interest of peace in Plateau.

    Besides, he said the party’s NWC had resolved to commence the update of its member’s register nationwide in one state from the six geopolitical zones, starting with Niger.

    He added that the NWC also adopted in its entirety, the report of its high level Reconciliation and Intervention Delegation to its United Kingdom’s Diaspora Chapter.

    “In particular, the NWC approved the constitution of an Interim Executive Committee of the chapter of 24 members to be led by its Chairman, Tunde Doherty, and Secretary, Joseph Adebola.

    “The Interim Executive Committee shall have a term of three months, which may be renewed as may be necessary,”he said.

  • Alleged judiciary ‘coup’: HURIWA calls for resignation of Appeal court president over injustice against Plateau voters

    Alleged judiciary ‘coup’: HURIWA calls for resignation of Appeal court president over injustice against Plateau voters

    Civil Rights Advocacy Group, Human Rights Writers Association of Nigeria, HURIWA has said the decision of the Supreme Court of Nigeria which validated the election of the governor of Plateau State Barrister Caleb Muftwang has shown that the Court of Appeal willfully staged a judicial coup ‘d tat against the voters in Plateau State by unconstitutionally planting APC legislators to replace PDP legislators at both the National Assembly for Plateau State and substantial number of validly elected PDP state legislators in Plateau State House of Assembly.

    HURIWA which stated also that the well grounded judicial verdict reinstating the New Nigerian People’s Party’s elected governor of Kano State back to his position by invalidating the illegality committed by the court of Appeal and the Tribunal of first instance, saved Nigeria from witnessing some of the most callous and most brutal civil insurrection just as the Rights group said the head of the Court of Appeal Justice Monica Dongban-Mensem under whose leadership such a groundswell of unconstitutional acts were committed willfully by Justices of the court of Appeal she appointed, should accept responsibility for these colossal illegality in Plateau state particularly and quit the stage for a fresh President of the Court of Appeal to be inaugurated.

    HURIWA has called on Simon Lalong and all the Plateau APC members illegally railroaded into the National Assembly and Plateau State House of Assembly by the Appeal court in a crooked manner should resign immediately or be recalled by Plateau State electorate immediately so as to right the injustice since those victimised can’t go for redress at the nation’s apex court anymore.

    HURIWA recalled that Governor. Muftwang’s victory at the March 18, 2023 poll was upheld by the State Governorship Election Petitions Tribunal in Jos but the appeal court overturned the lower court’s victory declaring Nentawe Goshwe of the All Progressives Congress the winner of the election.

    The Rights Group in a statement by the National Coordinator Comrade Emmanuel Onwubiko recalled that the Appeal Court ruled errorneously but intentionally that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments, and state congresses before nominating its candidates for the various elective posts was a breach of the law.

    The court, for the same reason, sacked many lawmakers elected on the PDP platform in the state.

    HURIWA however recalled with satisfaction that reading the judgment of the apex court on Friday, Justice Emmanuel Agim held that the APC and its candidate are not members of the PDP and cannot challenge the primary election of the PDP.

    He also held that the tribunal and court of appeal lacked jurisdiction to entertain the issue.

    Agim noted that the petition of the APC in the first place was an abuse of the court process and faulted the appeal court for sacking the governor.

    He said, “The petition by the APC and its candidates are abuse of the court process.

    “I wonder why the matter came to court at all. This appeal is allowed.”

    “My worry is that a lot of people have suffered as a result of this,” Justice John Okoro said while agreeing with the lead judgment.

    HURIWA citing historical evidence by a professor Chidi Odinkalu stated rightly that In Plateau State, all appeals went to a panel presided over by Justice Oluwayemisi Williams-Dawodu, who has been a Justice of Appeal since March 2014. She was joined by Justice Abdulaziz Waziri, who was appointed to the court in 2021, and Okon Abang whose term on the court began only in October 2023.

    On 7 November, this Court of Appeal panel nullified the election of Senator Bali, claiming that “the PDP and its Senatorial candidate have no legal ground to participate in the election having failed to obey the judgment of a Plateau High Court that the party should conduct lawful elections for the purpose of having officers for Wards, Local Governments and State Council.” In his place, the court returned Simon Lalong as the winner of the election in which he had been roundly defeated.

    HURIWA quoted Odinkalu as stating that Lalong was one beneficiary among many from a judicial hit-list methodically compiled by the Court of Appeal in Monica Dongban-Mensem’s home state. By the time its demolition job was over, the Court had sacked two PDP Senators from the state and five members of the House of Representatives elected on the PDP ticket.

    In the 25-member state House of Assembly, the Court of Appeal removed 16 members elected on the platform of the PDP, handing their seats and control of the state parliament – with malice aforethought – to the APC.

    “Such is the state of the judiciary in Nigeria at this time that the three-person panel whom Monica Dongban-Mensem sent to Plateau State could not have wrought that amount of destruction without her active consent, if not instruction.
    Their victims included: Timothy Datong (Riyom); Rimyat Nanbol (Langtang); Moses Sule (Mikang); Salome Waklek (Pankshin); Bala Fwangje (Mangu South); Maren Ishaku (Bokkos); Dagogot (Quaanpan North); Nannim Langyi (Langtang North); Nimchak Rims (Langtang South); Danjuma Azi (Jos North-West); Gwottson Fom (Jos South); Abubakar Sani Idris (Mangu North); Happiness Akawu (Pengana); Ibrahim Abalak (Rukuba/Irigwe); Philip Jwe (Barkin Ladi); and Cornelius Deyok (Qua’apan South), Professor Odinkalu rightly averred

    HURIWA has therefore averred that it may be petitioning the National Judicial Council to force the President of the Court of Appeal Monica Dongban-Mensem to resign honourably or be sacked or else the Rights group will not waste time in mobilising the civil rights movements in Nigeria to take steps to compel the national hierarchy of the judiciary to do the needful to reform the decadent Aopeal court of Nigeria which has been exposed by the supreme Court for misreading the extant statutes governing elections in the Country which also questions the competence of that branch of the judicial for now until actions are adopted to cleanse that branch of the court system in Nigeria.

  • Binani v Fintiri: Appeal Court to deliver judgment on Adamawa guber today

    Binani v Fintiri: Appeal Court to deliver judgment on Adamawa guber today

    The Appeal court in Abuja will on Monday, December 18 deliver judgment concerning  the Adamawa state Governorship legal tussle between the All Progressives Congress, APC, the Peoples Democratic Party, (PDP)

    Senator Aisha Dahiru Binani of the APC and the incumbent Governor, Umaru Ahmadu Fintiri of the PDP, who was declared winner of the poll by the Adamawa State Governorship Election Petition Tribunal are the two  figures in the contest.

    A judgment delivery notice sighted by Newsmen and confirmed to have been served on Binani and Fintiri’s legal teams indicated that the Court of Appeal would deliver the judgment by 12 noon.

    According to notice served by the court, lawyers of the two political camps  are advised to take care of the notice and make themselves available for the judgment delivery as required by law.

    Bukola Gaa, Personal Assistant on Media to the President of the Court of Appeal confirmed the decision of the appellate court to our correspondent, adding that necessary security arrangements and other measures to make the judgment delivery hitch-free have been put in place.

    A three-member panel of justices of the court had on December 5 reserved judgment in the appeal after taking arguments for and against the election by the two parties involved.

    While a former Attorney General of the Federation, AGF, and Minister of Justice, Akin Olujimi, SAN, who represented Binani and APC at the hearing appealed for setting aside of the judgment of the Tribunal which affirmed the election of Fintiri and the PDP, the respondents- the INEC, Fintiri and the PDP, through their various counsels, prayed the court to dismiss the appeal for being incompetent and lacking in merit.

    The Adamawa State Governorship Electoral Petitions Tribunal had, in October, dismissed the petition filed by Binani seeking Fintiri’s sack from office.

    Binani had approached the Tribunal with a petition seeking to quash Fintiri’s declaration as the winner of the election by INEC.

    Binani, in her petition, which had INEC, Fintiri and the PDP as the first, second, and third respondents, respectively, asked the Adamawa State governorship election petition tribunal to annul the governorship election over non-compliance with the electoral act.

    The Tribunal, in its judgment, delivered by Justice T. O. Uloho, dismissed the petition for lacking in merit and affirmed the victory of Fintiri, the declared winner of the March 18 governorship election.