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Tag: Appeal Court

  • Appeal Court reserves judgement in Delta governorship case

    Appeal Court reserves judgement in Delta governorship case

    The Appeal Court, Lagos Division, on Monday, reserved judgement in three separate appeals challenging the election of Rt Hon Sheriff Oborevwori as the Governor of Delta State.

    TheNewsGuru.com (TNG) reports the appeals were filed by the governorship candidates of the All Progressives Congress (APC), Senator Ovie Omo-Agege; Social Democratic Party (SDP), Kenneth Gbagi, and the Labour Party, Ken Pela

    The three-member panel presided over by Justice Hamma Barka reserved judgement in the three appeals after taking submissions from counsel for all the parties.

    Other members of the panel are Joseph Olubunmi Oyewole and Justice Hadiza Shagari.

    Recall the Independent National Electoral Commission (INEC) had declared Oborevwori, as the winner of the governorship election in Delta State in February.

    Oborevwori polled 360,234 votes to defeat his closest rival, Omo-Agege who scored 240,229 votes.

    But dissatisfied with the outcome of the election, the appellants challenged Oborevwori’s emergence as Governor.

    The Delta State Governorship Election Petition Tribunal sitting in Asaba, had upheld Oborevwori’s election.

    In its judgement, the three-member tribunal led by Justice C. H. Ahuchaogu dismissed Omo-Agege’s petition for lack of merit.

    The tribunal also dismissed the petitions by LP’s Ken Pela and Kenneth Gbagi of the SDP for their inability to prove their allegations of overvoting, among others.

    It held that the petitioners failed to prove allegations of non-compliance with the Electoral Act and over voting beyond reasonable doubt.

    On the issue of overvoting as alleged by Omo-Agege, the tribunal held that to prove the allegation, a BVAS report must be produced.

    “Leave was granted to the petitioner to inspect BVAS but no BVAS report was provided. The tribunal wonders why the petitioners failed to produce the BVAS report.

    “Tribunal agrees with the respondent’s argument. By Supreme Court judgment, BVAS is mandatory to prove over-voting.

    “BVAS was not produced but they tried to use other documents. The petitioner cannot circumvent the BVAS, as the report of examination of the back-end server cannot replace the BVAS.

    “This report is held to be irrelevant. Flowing from above, the report is inadmissible to prove over-voting,” the tribunal ruled.

  • BREAKING: Appeal Court revalidates Ugochinyere’s election as Reps Member

    BREAKING: Appeal Court revalidates Ugochinyere’s election as Reps Member

    The Court of Appeal sitting in Lagos has affirmed the election of Member representing Ideato North/Ideato South Federal Constituency of Imo State, Hon. Ikenga Imo Ugochinyere Ikeagwuonu, as the validly elected Member of the House of Representatives.

    This judicial triumph has brought to an end the political battle of almost two years which has been as intriguing as it has been bloody, claiming lives of his family members and supporters who lost their lives following a deadly attack on his residence on 7th January, 2023.

    Litigation concerning election into the National Assembly terminates at the Court of Appeal.

    In a unanimous judgment delivered on Wednesday, the panel headed by Justice Abubakar Babandi Gumel overruled the judgments of the Tribunal which had disqualified Ikenga and nullified his election on a pre-election matter of the primaries of the PDP despite plethora of authorities by the Supreme Court and Court of Appeal to the effect that Election Tribunals do not have jurisdiction over pre-election matters.

    As news of the judgment reached Ideato, there was instant jubilation, with markets and streets instantly turning into carnivals for the celebration of the victory.

    The people of Ideato had overwhelmingly voted for Ikenga Imo Ugochinyere despite the vehement opposition of Governor Hope Uzodimma whose candidate won only one Polling Unit out of the 346 Polling Units in the Federal Constituency. Reports of jubilation over the judgment also hit other Local Government Areas in the state and indeed across the entire South East.

    Speaking after the judgment, counsel to Ikenga Imo Ugochinyere, Emeka Ozoani SAN, described the judgment as victory for democracy and an end to political rascality. He said the travesty of the Tribunal judgment led to the filing of nine appeals before the Appeal Court, the highest number of appeals ever against a singular judgment in our election petition jurisprudence.

    While commending the President of the Court of Appeal and the three members of the Panel, Barr Tochukwu Ohazuruike said “The President of the Court of Appeal and the three Panel members deserve all the commendation for resisting the attempts of Hope Uzodimma to undermine them like he did to Justice Akpovi who has lost all his respect for such strange judgment he delivered after the Tribunal hearing. It is only those who that Hope Uzodimma stops at nothing when he wants to desecrate the judiciary that will understand why this commendation is necessary and apt.

    In his own reaction, an obviously excited Hon. Ugochinyere said God always vindicates the innocent.

    He said this is not the opportunity cost for those that were killed but it will at least show they did not die in vain.

    He further stated, “Uzodimma is a sore loser. His candidate won only one polling unit out of 346 Polling units. Finished a distant third in the election yet went to the Tribunal to ask that he be declared the winner of the election and the Governor was spending public funds on such shameful enterprise to undermine the judiciary. But we thank God for this day.

    “We can now start the burial arrangements for my uncle who was murdered in cold blood on 7th January so he can now rest in peace having been here till this final victory.” He also cautioned Governor Hope Uzodimma to desist from sanctioning with continued existence of his non state armed group the killing and maiming of Imo indigenes and residents as power is transient and he would answer for his crimes either here on earth or before God in heaven.”

  • Ibori’s daughter dedicates Appeal Court victory to constituents

    Ibori’s daughter dedicates Appeal Court victory to constituents

    Rep. Erhiatake Ibori-Suenu (PDP-Delta), has dedicated her victory at the Court of Appeal, which sat in Lagos, to the people of her Ethiope Federal Constituency of Delta.

    The daughter of former Delta Governor, James Ibori, in a statement made available to newsmen in Abuja on Tuesday, described the ruling as a victory to God and her constituents.

    According to her, with the development, democracy has come to stay.

    Ibori-Suenu floored Mr Ben Rolands Igbakpa and Mr Halims Ahoda of the NNPP and APC, respectively in the February 2023 election.

    Justices Festus Ogbuinaya, Jumia Samchi and Waziri delivered the judgement on Nov 7 in Lagos.

    The appellate court held that the appeal of the PDP candidate was meritorious and set aside the earlier ruling of the lower court, which was against her.

    She further urged her supporters to be law abiding and be magnanimous in victory.

  • Appeal Court verdict: My victory win for democracy – Simon Lalong

    Appeal Court verdict: My victory win for democracy – Simon Lalong

    Labour Minister, Simon Lalong has reacted following his victory at the Court of Appeal, affirming him as bonafide Senator for Plateau South Senatorial District.

    TheNewsGuru.com (TNG) reports the Appeal Court declared Lalong bonafide Senator for Plateau South Senatorial District on Tuesday.

    Reacting, Lalong wrote via X: “Just received fantastic news in Geneva! The Court of Appeal confirms my position as Senator for Plateau South Senatorial District. A win for democracy, unity, and the people. Let’s work together to bring progress and the #RenewedHopeAgenda to our community and nation”.

  • BREAKING: Appeal Court declares Tinubu’s Minister winner of Plateau Senatorial seat

    BREAKING: Appeal Court declares Tinubu’s Minister winner of Plateau Senatorial seat

    The Appeal Court sitting in Abuja on Tuesday upheld the judgment of the tribunal which declared the Minister of Labour, Simon Lalong winner of the Plateau South Senatorial election.

    The Independent National Electoral Commission had declared Napoleon Bali of the Peoples Democratic Party winner of the election with 148,844 votes, while Lalong scored 91, 674 to come second in the February 25 elections.

    But Lalong asked the tribunal to nullify Bali’s election on the grounds that the PDP did not have a proper party structure and, therefore, could not file candidates for the elections.

    The tribunal, in a unanimous judgment read by Justice Muhammad Tukur, said the PDP, having no structure, lacked the right to have taken part in the election.

    The tribunal held that the votes scored by Bali in the February 25, 2023, general elections were wasted votes.

    Bali approached the appeal court, asking the court to set aside the judgment.

    The three-man panel of the Appeal Court led by Justice Elfrieda Williams-Dawodu, held that the matter was both a pre and post-election matter, adding that the tribunal was correct to have looked at the issue.

  • Lagos governorship election: Appeal Court reserves judgement

    Lagos governorship election: Appeal Court reserves judgement

    The State and National Appeal Court sitting in Lagos on Tuesday reserved ruling in the appeal filed by the Labour Party and the Peoples Democratic party (PDP) against the re-election of Gov. Babajide Sanwo-Olu.

    The Labour Party candidate, Mr Gbadebo Rhodes-Vivour and Mr Abdulazeez Adediran of PDP, are challenging the Sept. 25, ruling of the election tribunal which upheld the March 18, re-election of Sanwo-Olu.

    At the hearing of the appeal on Tuesday, the Lead Justice, Yargata Nimpar, reserved ruling after listening to the argument of the parties.

    Nimpar said the date for judgement would be communicated to the parties.

    Earlier, Counsel to Labour Party, Mr Benson Olagbade, urged the court to allow the appeal and set aside the decision of the tribunal.

    According to him, the tribunal erred in law when it held that the burden of proof of specific oath of allegiance subscribed to by Hamzat, as well as the evidence of his renounced citizenship rests on the appellant.

    He urged the court to interprete Section 182 (1) (a) of the Constitution regarding the disqualification of Sanwo-Olu and his deputy, Dr Kadiri Hamzat.

    “We invite this court to give full interpretation of the law to this matter.

    “It does not matter whose ox is gored,” Olagbade said.

    Responding, Mr Wole Olanipeku (SAN), counsel to Sanwo-Olu and his deputy, Hamzat, urged the court to dismiss the appeal.

    He said the dual citizenship argued by the appellant was never brought before the tribunal.

    “They are now presenting a case of dual citizenship, they believe that this is a trial court.

    “The tribunal found out that the purported oath of allegiance to a foreign country was not before it so it ruled it out.

    “We urge your Lordship to dismiss this appeal,” Olanipekun said.

    In the second case, PDP, filed its own appeal asking for disqualification of Sanwo-Olu’s re-election.

    He also faulted the tribunal for striking out his petition against Rhodes-Vivour, the candidate of the Labour Party in the election.

    Adediran and his political party (PDP) reiterated that their petitions, asking for the disqualification of APC and Labour Party candidates, were premised on the provision of Section 177(c) and 182(1)(j) of the constitution.

    He said the Sections were constitutional grounds for qualification and disqualification for the office of Governor in Nigeria and supported by section 134(1) and 134(3) of the Electoral Act 2022.

    Counsel to Sanwo-Olu and his deputy, Olanipekun submitted that the reliefs sought by the appellants were such that they must succeed on the strength of their petition and not on the weakness of the respondents.

    He argued that the appellants did not prove anything before the lower tribunal and no burden shifted to the respondents to disprove any fact.

    “In the instant case, the petitioner tendered the alleged false document (Exhibit P36) from the bar, the petitioners could not produce before the court the original document from which exhibit P36 was counterfeit.

    “It is trite law that where oral evidence and documentary evidence tendered by a party in proof of a fact says different, that party cannot be said to have led credible and cogent evidence in proof of that fact,” Olanipekun argued.

  • Appeal Court reserves judgement in Kano governorship case

    Appeal Court reserves judgement in Kano governorship case

    The Court of Appeal on Monday, reserved judgment in the appeal filed by Gov. Abba Yusuf of the New Nigeria Peoples Party (NNPP) against the judgment of the Kano Governorship Election Petition Tribunal.

    The court also reserved judgment in the cross appeal by the APC challenging the eligibility of Yusuf to contest the election, having not been a registered member of the NNPP as of the time of the election.

    The three-member panel of the court reserved judgment in the appeals to a date that will be communicated to parties in the matter after listening to their submissions.

    Recall the tribunal had on Sept. 20 declared the All Progressives  Congress (APC) candidate, Nasiru Gawuna, the winner of the March 2023 Kano State governorship election.

    The tribunal then sacked Gov. Yusuf after declaring  165,663 of his votes invalid, saying they were not signed or stamped by INEC.

    Gov. Yusuf urged the court to set aside the judgement of the tribunal for misapplication of law.

    Yusuf’s counsel, Wole Olanipekun, SAN, while adopting his brief of arguments, said the main issue in the matter was the voiding of ballot papers for not being stamped or signed, which he faulted.

    He cited the provisions of Section 71 of the Electoral Act 2022 to back his arguments, arguing that the tribunal’s ground for voiding his client’s victory was not the correct position of the law.

    The learned silk also argued that the APC governorship candidate in the election was not joined as a party in the petition.

    Akin Olujimi, SAN, representing the APC, urged the court to uphold the judgement of the Tribunal, arguing that the non-stamping and signing of ballot papers was against INEC’s regulations.

    On the non-joining of the APC governorship candidate in the petition at the Tribunal, Olujimi said votes are cast for political parties and members who are to benefit from the outcome.

    In his argument on the cross appeal, Olanipekun said, it was a mere academic exercise as the Supreme Court had ruled that political parties decide who their candidates are.

    In another appeal by the NNPP, Adegboyega Awomolo, SAN, argued that the Tribunal was wrong to delve into the issue of recounting of ballot papers in chambers.

    This, he said, was done, culminating in the cancellation of more than 165, 000 votes from the governor’s total votes in 32 local government areas.

    In the appeal filed by INEC’s counsel, Abubakar Mahmoud, SAN, he aligned with the submission of Olanipekun that, the Tribunal erred for carrying out a recount of ballot papers in chambers.

    He added this was not in an open court to arrive at the judgement, as Tribunals are restrained from doing so under Section 137 of the Electoral Act.

    Mahmoud noted that the primary function of the court was to give effect to the will of voters, not to recount or recalculate, stressing that doing so, amounted to rewriting election jurisprudence.

    He therefore, urged the court to set aside the judgement.

    The APC’s counsel, in his submission, prayed the court to uphold the judgement of the Tribunal, arguing that all the necessary processes were followed to warrant ordering the recount in accordance with the Evidence Act.

    INEC had declared Yusuf the winner of the March 18, 2023 election after he secured 1,019,602 votes against his closest opponent, Gawuna, who secured 890,705 votes.

    Following APC’s Gawuna’s appeal to the tribunal, the tribunal deducted 165,663 votes from Yusuf’s tally, thereby reducing his votes to 853, 939, that is, over 30,000 votes less than Ganuwa’s 890,705.

    The Tribunal then ruled that the APC candidate was the winner of the governorship election and ordered INEC to withdraw Yusuf’s certificate of return and give Gawuna a new one.

    This prompted Gov. Yusuf and his party, the NNPP as well as the INEC to appeal the Tribunal’s judgement seeking to upturn it in their favour.

  • BREAKING: Appeal Court flushes out LP’s Nwodo from HoR declares PDP’s Oke winner

    BREAKING: Appeal Court flushes out LP’s Nwodo from HoR declares PDP’s Oke winner

    The Court of Appeal sitting in Lagos, has flushed out Hon. Stainless Nwodo as the member representing Igbo-Etiti/Uzo-Uwani federal constituency and declared Rt. Hon. Martins Oke of the Peoples Democratic Party as winner of the election.

     

    The appellate court set aside the judgement of the tribunal which upheld the election of the National Assembly Election Petitions Tribunal that sat in Enugu.

    The tribunal led by Justice Nusirat had ruled that the petitioner failed to prove the case of forgery against Hon. Nwodo and pointed out that there was a contradiction in the letter from Enugu State Examination Development Centre (EDC).

    The Judge ruled that no witness came from EDC to testify against the certificate and said that the issue of inconsistencies in the name couldn’t be proved by the petitioners.

     

    The panel, thereafter, dismissed the petition for lack of merit.

     

    But in a judgement delivered via zoom on Monday, the appellate court said that the Labour Party candidate had issues and that the appeal had merits and thus, succeeded.

     

    The panel said they will give details of the ruling on a later date.

  • BREAKING: Appeal Court sacks APC’s Kwankwaso, reinstates Yusuf Datti

    BREAKING: Appeal Court sacks APC’s Kwankwaso, reinstates Yusuf Datti

    The Court of Appeal in Abuja has sacked Musa Ilyasu Kwankwaso of the All Progressives Congress and reinstated Yusuf Umar Datti of the New Nigeria People’s Party in the Kura/Madobi/Garun Malam Federal Constituency Election.

    The three-panel led by Justice Tunde Oyebamiji Awotoye allowed an Appeal by Yusuf Datti and averred that the tribunal was wrong to have counted the date of the Appellant’s resignation on the date of his party’s primary election and that Section 77 of the Electoral Act was misapplied, saying no court has jurisdiction on the issue of membership of the party.

    Details to follow…

  • BREAKING: Appeal Court declares Imo PDP primaries’ venue valid, affirms Rep Chinedu’s election

    BREAKING: Appeal Court declares Imo PDP primaries’ venue valid, affirms Rep Chinedu’s election

    …dismisses Hon Igbokwe petition

    The Imo State Election Petitions Appeal Court 2 sitting in Lagos, has declared Hon. Emeka Martins Chinedu of the People’s Democratic Party (PDP) as the authentic candidate of the party, and the winner of House of Representatives seat election for Ahiazu/Mbaise/Ezinihitte Federal Constituency election.

    In their ruling, the Appeal Court Justices led by Justice Biobele Georgewill, agreed with the findings of the trial court and struck out the appeals by Hon. Nnanna Igbokwe of the All Progressive Congress (APC) and Labour Party candidate, Darlington Amaechi as lacking in merit and law as the issues canvassed were not proved.

    This Judgement delivered by Court 2 of the Appeal panel sitting in lagos has resolved once and for all, again, the issue of venue of venue of PDP primaries, a purely pre election issue which the Appeal Court lacks jurisdiction to entertain and was the basis upon which the APC and Labour Party challenged the election of Hon. Chinedu Emeka from Imo State.

    Recall that on September 7, 2023, the Tribunal for National and State Assembly Elections for Imo State, which sat in Nassarawa State, declared Hon. Emeka Chinedu the rightful winner of the election for Ahiazu/Ezinifitte/Mbaise Federal Constituency seat and also determined that other political parties lacked the authority or locus standi to interfere in the internal affairs of their opposing parties, and that the issues of venue of primaries were purely pre election issues; which the Tribunal lacks the powers and jurisdiction to dabble into.

    The arguments of siting another judgement delivered on PDP Primaries by Supreme Court had no connection or relationship with the eligibility of the respondents as the same Supreme Court had earlier affirmed the issue of the primary election of Chinedu Emeka and no other judgement can be imported to effect the legitimacy of his emergence plus the fact that the issues are now pre election issues which the Tribunal lacks jurisdiction to entertain.

    The Issue of PDP Primaries’ venue had been considered by the High Court, Appeal Court and Supreme Court respectively, with Hon. Emeka Chinedu emerging victorious at all times, and Igbokwe of APC being deemed an unwelcome “interloper” who was attempting to interfere in the internal affairs of the PDP.

    Also, recall that Hon. Chinedu Emeka and Hon. Ikeagwuonu Onyinye Ugochinyere (Ikenga) representing Ideato North and South Federal Constituency of Imo State, had their PDP primary elections at same venue and before the election, the Federal High Court, Court of Appeal and Supreme Court also, in concurrent judgements, affirmed Ugochinyere’s primary emergence and declared him eligible to contest the election, hence making any challenge against his emergence on the issue of pre election venue of primary baseless.

    So it’s surprising that the first Tribunal gave a conflicting judgement, which voided the Ugochinyere election in a petition filled by a candidate who came 3rd, got only 2000 votes and got only one polling unit out of 346 polling unit. A candidate who has challenged Ugochinyere venue of Primary at the Federal High Court and lost woefully including his LP counterpart, whose Court action against Ugochinyere election was also dismissed with Ugochinyere cleared to Contest the election.

    This appeal decision has once again laid the issues to rest as done by many Appeal court including the supreme Court.

    Reacting, the Centre for Judicial Integrity Watch, a pro judiciary group, hailed the Appeal Court judgement affirming Chinedu Emeka election as victory for democracy as the issue of Venue of PDP Primaries and sponsorship are clear issues the Appeal Court and even Supreme Court had declared that the Tribunal lacks jurisdiction to entertain.

    The Centre, through its Convener, Abubakar Isah, expressed the “shocking decision of the same Appeal panel to refuse to uphold the other lawmaker, Hon Jonas Okeke, whose primary election held same venue with Chinedu Emeka and advised that the Court should avoid creating the impression of pick and chose on clear issues of law with abundant Judicial precedent and constitutional provision”.