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Tag: Appeal Court

  • BREAKING! Appeal Court judge, slumps, dies during process for elevation to Supreme Court

    BREAKING! Appeal Court judge, slumps, dies during process for elevation to Supreme Court

    A federal appellate judge has died at the verge of being promoted to Supreme Court.

    Judiciary sources disclosed this to an online medium that Justice Joseph Shagbaor Ikyegh passed on Wednesday evening in his home town of Makurdi. He was 65.

    Mr Ikyegh was the president of the Port Harcourt Division until he suddenly slumped before his family members and was promptly pronounced dead, sources said.

    A spokesman for the National Judicial Council did not immediately return a request seeking comments about the development on Thursday afternoon.

    His death came weeks after political opposition in Ogun accused him of taking cash bribes to uphold the controversial reelection of Governor Dapo Abiodun, who already has a notoriety for corruption and abuse of office.

    Mr Ikyegh led the panel that upheld a lower tribunal decision, which was hinged largely on a technical claim that the opposition Peoples Democratic Party described as ‘purported’ the initial certification of Mr Abiodun by electoral office INEC. He was joined by another judge on the three-member panel.

    The last judge, Jane Esienanwan Inyang, dissented in the matter, saying there was no justification for upholding Mr Abiodun as governor. The matter was promptly appealed to the Supreme Court by Ladi Adebutu, Mr Abiodun’s main challenger in the March 18 governorship poll.

    The ruling was among the most controversial of election petition verdicts so far this season. Mr Abiodun denied all allegations of judiciary interference, and family and friends described Mr Ikyegh as a thoroughbred jurist who lived his life delivering justice to the Nigerian people.

    An NJC official confirmed an outstanding petition but declined further comments on the matter.

    Born in 1958, Mr Ikyegh was on the list of judges due for elevation as associate justices of the Supreme Court, an exercise kicked off days ago and was expected to be completed before December 31, 2023.

  • Appeal Court’s ruling: We’re challenging Sanwo-Olu’s victory at S’Court – PDP

    Appeal Court’s ruling: We’re challenging Sanwo-Olu’s victory at S’Court – PDP

    The Peoples Democratic Party (PDP) in Lagos State says it has resolved to challenge the Appeal Court’s ruling, affirming Gov. Babajide Sanwo-Olu as winner of March 18 governorship election.

    The Lagos State PDP Publicity Secretary, Alhaji Hakeem Amode, disclosed this in an interview with NAN on Monday in Lagos.

    Recalled that the party had earlier said that it would review the ruling of the Appellate Court before taking further action on the matter.

    According to him, justice has not been properly served in the PDP’s Governorship Candidate, Dr Olajide Adediran’s (Jandor) petitions against Sanwo-Olu’s re-election.

    “We are challenging the ruling of the Appeal Court, affirming Sanwo-Olu as winner at the Supreme Court. In a couple of days, our petitions will get to the Supreme Court,” Amode said.

    He said that justices of the Court of Appeal had failed the party by not seeing the merit in Adediran’s petition.

    “Looking at some of the Appeal Court’s rulings, there has been so many inconsistencies on its stands on pre-election matters.

    “We, as a party, feel justice is yet to be served in our petitions against the outcome of March 18 gubernatorial election in this state.

    “We have a strong belief in the Supreme Court to look at the crux of the matter and make a statement that will serve as precedent.

    “The party and our candidate are not deterred, we have reviewed the Nov. 15 Appeal Court’s ruling and decided to pursue justice at the Supreme Court,” Amode said.

    The Court of Appeal sitting in Lagos on Nov. 15 dismissed issues raised by the PDP’s Adediran and the Labour Party Candidate, Mr Gbadebo Rhodes-Viviour, against the judgement of the election tribunal.

    The appellate court dismissed Adediran’s 34 grounds of appeal against Sanwo-Olu’s victory.

    On the alleged non-qualification of Sanwo-Olu and his running mate, Dr Obafemi Hamzat, the court had ruled that it could not litigate on the issue because it was a pre-election matter.

    It held that the appellants failed to prove the allegation that Sanwo-Olu forged his West Africa Examination Council (WAEC) certificate.

    The tribunal had earlier on Sept. 25 dismissed Adediran and Rhodes-Viviour’s petition against Sanwo-Olu’s victory.

    An appeal to the Supreme Court should be filed within 14 days from the date of the ruling and the apex court then has 60 days to hear the case and make its ruling.

  • Ogun Guber: PDP hails minority judgment, set to challenge majority decision at Supreme Court

    Ogun Guber: PDP hails minority judgment, set to challenge majority decision at Supreme Court

    The Ogun state wing of the Peoples Democratic Party (PDP) on Friday expressed hope and satisfaction over the minority judgment in their favour on the March 18 governorship election at the court of Appeal.

    Recall that the Appeal Court sitting in Lagos State on Friday in a unanimous decison upheld the election of Governor Dapo Abiodun of the All Progressives Congress (APC).

    While two of the judges dismissed the appeal filed by PDP’s Ladi Adebutu for lacking in merit, one saw merit in the petition and thereby ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return presented to Abiodun and conduct another election in 99 polling units where elections were disrupted.

    In a statement made available to pressmen by the PDP spokesperson in Ogun State, Akinloye Bankole, the party said, “we are particularly satisfied that the cause of true justice in reclaiming the mandate freely given to the PDP by the good people of Ogun state which is being currently held in proxy by the APC and its candidate, Prince Dapo Abiodun is achievable after all.”

    The PDP appreciated the fact that the appeal court “looked at the inherent merits of our petition, unlike the Election Petition Tribunal which took all the time in the world only to dwell on mere technicalities to rubbish and kill our fervent desire to rescue our darling state from the claws of the APC through a democratic electoral contest.”

    PDP was full of hopes and expressed gladness that the judgement of the appellate court has restored Adebutu’s hope “by resolving some technical issues contained in the tribunal judgement in our favour.”

    Bankole stated: “Importantly, our words of eternal gratitude especially go to Hon. Justice Jane Inyang for her outstanding courage and uncommon boldness in delivering her minority judgment that was well articulated in clear details.

    “In clear terms and without any ambiguity, Justice Inyang, in her detailed judgment, sacked Mr. Abiodun from the exalted office of the governor of Ogun State and also pronounced that his Certificate of Return be withdrawn immediately and ordered INEC to conduct a rerun election within 90 days in the affected 99 polling units where election was cancelled due to violence and election malpractices which were carried out, out of Mr Abiodun’s despicable desperation to win underserved reelection during the March 18th Governorship election.”

    The PDP described as laughable a call by Gov Abiodun that Adebutu should join his government in serving the state, saying “What an insult!”

    The party reminded Abiodun “that the current victory he enjoys is pyrrhic. He must, therefore, learn to drink and dance with serious caution; his joy cannot stand the test of the law as the battle continues at the highest court of our land.

    “Neither Hon. Adebutu nor any sane mind would join hands” with the APC in Ogun State.

    “For us, we shall continue to appreciate all members of our great party, our teeming and unrepentant supporters and indeed, the good people of Ogun for their continued support and trust in our cause as we take the battle to the highest level of judicial intervention. We must not despair; not now, not ever.”

  • Gov Sani welcomes Appeal Court verdict affirming his election

    Gov Sani welcomes Appeal Court verdict affirming his election

    Kaduna State Governor, Uba Sani, has applauded the Court of Appeal’s verdict affirming the Kaduna State Election Tribunal’s Judgment which upheld his victory as the winner of the 2023 gubernatorial elections.

    Sani described the verdict as a “testament to the strength of our legal institutions, a win for democracy and a validation of the people’s will”.

    This is contained in a statement by
    Muhammad Shehu, Gov. Sani’s Chief Press Secretary and was made available to newsmen on Friday in Kaduna.

    While expressing joy and gratitude at the confirmation of his victory by the Appeal Court,

    Gov. Sani also extended a hand of fellowship to all opposing sides in a bid to move Kaduna State forward in tandem with the SUSTAIN Kaduna Agenda.

    “Today, I received the news of the Appeal Court verdict, I acknowledge and appreciate the diligence and thoroughness of the Kaduna State Elections Petition Tribunal and the Appeal Court for arriving at this verdict today.”

    According to him, “I have always remained confident in our judicial process. It is now time to peacefully move forward and continue to work assiduously for the people of Kaduna without distractions as the task ahead of us is huge.”

    The Deputy Governor, Dr Hadiza Balarabe, appreciated the All Progressives Congress (APC) family, and the people of Kaduna for their support during the entire process.

    He also urged the opposition to accept the verdict in good fate and as the will of the people.

    “It is time to come together as one to move our great state forward,” Gov. Sani stated.

    Furthermore, the governor promised to continue to encourage dialogue with all stakeholders and to maintain an open-door policy to well-meaning citizens.

  • Appeal Court verdict: Yoruba group in Kano plead Tinubu, obas to intervene urgently

    Appeal Court verdict: Yoruba group in Kano plead Tinubu, obas to intervene urgently

    The Concerned Yoruba Community in Kano (CYCK) has called on all Obas and leaders of thought in South West to without further delay by engaging President Bola Ahmed Tinubu with a view to resolving political logjam created by Appeal Court sack of Governor Abba Kabir Yusuf.

    The group, at a press conference addressed by Mr Taofeek Olaosebikon, its Secretary General Olaosebikan said judgment perceived as wrong in the governorship contest would give a bad impression about the President Bola Tinubu.

    “That is the word going round now. A stitch in time, they say, saves nine,” he said.

    Olaosebikan noted that Kano is a very volatile state politically and as such, all men and women of goodwill should be concerned about the situation in the state and rally round toward a collective initiative to save the state from any calamity.

    “Of course, you are all living witnesses to the whole developments which are clearly suggesting ill-winds because of the anticipated threat to peace and stability in the state.

    “Importantly, we the Yoruba people in Kano have been here long enough to articulate and appreciate the political tendencies here and implications for our common good.

    “For the record, many of us were born and raised in Kano, indeed, we have become Kano indigenes in some strategic sense.

    “This is our home as we have come to acknowledge and appreciate our stay in Kano and indeed our economic sustenance, well being and development,” he said.

    He added:“Our children are doing fine in schools here as well as many of different ages engaged in one activity or the other.

    So Kano is our home and we are happy being here.

    “We know the political tradition here in Kano and the issues surrounding such positions. In the case of the last election cycle in Kano, we know how the election went and the outright winners compared to the losers.

    “We are using this platform to call on all Youruba Obas and leaders of thought to wade into the Kano situation without further delay by engaging President Bola Ahmed Tinubu for a possible political settlement of the Kano logjam,” Olaosebikan said.

    He said that average man already believed that the judiciary had been interfered with going by recent developments in the country.

    ”We are hereby calling on our fathers, Chief Olusegun Obasanjo and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, Ojaja 11, to intervene without further delay.

    “We are also calling on the Oba of Lagos, Alake of Egba, Awujale of Ijebuland, Olubadan of Ibadan and other Yoruba leading lights to come to our aid as we won’t find it easy if the situation degenerates further as we actually expect that it would,” he said.

  • BREAKING: A’Court affirms Nasarawa gov’s election after tribunal sack

    BREAKING: A’Court affirms Nasarawa gov’s election after tribunal sack

    The Court of Appeal sitting in Abuja on Thursday affirmed the victory of the Nasarawa state governor, Abdullahi Sule.

    The Independent National Electoral Commission had declared Sule of the All Progressives Congress as the winner of the election, while David Ombugadu of the Peoples Democratic Party came second.

    But the tribunal led by Justice Ezekiel Ajayi in a split judgment held that based on evidence from the various polling units before the tribunal, Ombugadu had the majority of valid votes at the election

    But Sule appealed the judgment and asked the appellate court to set it aside.

    Delivering judgment on the matter on Thursday, the court expunged from its records the evidence and exhibits from
    PW5, 6,7,8,12,13,20, and 21 which the tribunal relied on.

    Details later…

  • Appeal Court restates order sacking Abba Yusuf as Kano State governor

    Appeal Court restates order sacking Abba Yusuf as Kano State governor

    The Court of Appeal on Wednesday, restated its order that sacked Abba Yusuf as governor of Kano State.

    The Chief Registrar of the Court of Appeal, Mr Umar Bangari, made this known while briefing newsmen in Abuja.

    The appellate court dismissed as a clerical error, a portion in the certified true copy of its judgment, which Yusuf and his party, the New Nigeria Peoples Party, NNPP, claimed validated their victory in the gubernatorial contest that was held on March 18.

    “What happened in the judgment copy was a clerical error that did not in anyway invalidate or change the findings and conclusion of the Court.

    “The clerical error will be rectified once parties in the matter file formal application to that effect,” he said.

    He drew the attention of newsmen to Order 23 Rule 4 of the Court of Appeal Hand Book which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter.

    He however insisted that contrary to insinuations, the judgment of the court remains valid.

    “The Court is empowered to correct such clerical error and would be done as appropriate,” he said .

  • Certified copy of Appeal Court judgment reveals Yusuf duly elected gov – Kano AG

    Certified copy of Appeal Court judgment reveals Yusuf duly elected gov – Kano AG

    A certified copy of the Court of Appeal judgment on Kano State governorship election has affirmed the victory of Kabiru Yusuf as the duly elected governor of Kano state.

    The state Attorney-General and Commissioner for Justice, Mr Haruna Isa-Dederi, made the disclosure while addressing newsmen on Tuesday in Kano.

    Isa-Dederi said in the fresh revelation as contained in the written judgment, the Court of Appeal set aside the judgment of the Kano election petition tribunal for lacking in merit.

    “The evidence contained in page 67 of the the copy of the Appeal Court judgment released on Tuesday and signed by Registrar Jameel Ibrahim Umar, the appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party (NNPP) as duly elected Governor of Kano state,” he said.

    The three member panel of the Appeal Court on Nov. 17, 2023, had dismissed the appeal filed by Yusuf on the basis of his membership status of NNPP.

    The appellate court subsequently affirmed Nasiru Yusuf Gawuna of the All Progressives Congress (APC) as winner of March 25, 2023, governorship poll in Kano.

    However, Dederi noted that page 67 of the certified copy of the judgment clearly indicated that the tribunal’s ruling that sacked Yusuf was set aside.

    He averred that contrary to what the Judges read to the public in the court room on the 17th November, the written evidence has vindicated Yusuf as the legitimate governor of Kano state.

    According to the attorney general, this latest discovery will strengthen their position at the Supreme Court.

  • Nasarawa Guber, Police beef up security ahead Appeal Court verdict

    Nasarawa Guber, Police beef up security ahead Appeal Court verdict

    The Nasarawa State Police Command has beefed up security across the state to forestall any possible breach of peace ahead of the Appeal Court judgement on the governorship election in the state.

    The appellate court had on Thursday last week reserved ruling on the appeal filed by Governor Abdullahi Sule of the All Progressives Congress (APC) challenging the judgement of the State’s Governorship Election Petitions Tribunal, which earlier sacked him from office and returned the candidate of the Peoples Democratic Party (PDP), David Ombugadu, as the rightful winner of the March 18 governorship election.

    Recall that the Tribunal, in a split judgement of 2-1, declared the PDP as winner of the March 18 governorship poll in the state.

    However, dissatisfied with the Tribunal verdict, Governor Sule approached the Appeal Court.

    The acting Commissioner of Police in the state, Shettima Muhammad, told journalists in Lafia that the command has deployed its officers and men to strategic positions in the state over the development.

    He, therefore, warned political parties and their supporters against any act that will lead to violence in the state.

    “Security personnel have been adequately deployed to strategic locations in the State to maintain peace.

    “I hereby call on leaders of all political parties to prevail on their supporters to shun unguarded utterances that may trigger political tension or engage in mass action that may be seen as preparation for violent procession.

    “They should also celebrate moderately without infringing on the fundamental rights of members of the public.

    “Anyone or group that tries to disrupt peace and cause breakdown of law and order shall face the full wrath of the law,” he said.

    The CP urged the people of the state to go about their legitimate businesses while assuring them of the commitment of the Police Command to securing the state.

  • BREAKING! Appeal Court affirms Hyacinth Alia as Benue Gov

    BREAKING! Appeal Court affirms Hyacinth Alia as Benue Gov

    The Appeal Court sitting in Abuja has quashed the appeal by Peoples, Democratic Party (PDP) and its candidate in the last governorship election in Benue state.

    The appeal had challenged the September 23 judgment of the Governorship Election Petition Tribunal which dismissed their petition against the return of Hyacinth Alia of the All Progressives Congress (APC) as the winner of the governorship election held on March 18.

    A three-member panel of the court, in a unanimous judgment, resolved the three issues, distilled for determination, against the appellants and held that the appeal was without merit.

    The court affirmed the judgment of the tribunal on the grounds that, not only were issues raised in the petition pre-election matters, but the PDP and its candidate failed to prove their claim of forgery raised against the APC’s deputy governorship candidate in the election – Samuel Ode – beyond reasonable doubt as required.