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Tag: Court of Appeal

  • Appeal Court upturns Rep Zakari’s sack

    Appeal Court upturns Rep Zakari’s sack

    The Court of Appeal sitting in Abuja, on Saturday, vacated the judgment by the National and State Houses of Assembly Tribunal which nullified the election of the lawmaker representing Tarauni Federal Constituency in Kano State, Rep Umar Mukhtari Zakari.

    A three-member panel, In the lead judgment by Justice Obande Ogbuinya, held that the tribunal was wrong to have concluded that Zakari of the New Nigeria Peoples Party (NNPP) forged his credential when the petitioners failed to establish their claim to that effect.

    The court upheld the arguments off counsel to Zakari and the NNPP, Mahmud Magaji, SAN, that the tribunal erred in law in reaching its decision.

    Zakari was declared winner of the election held on Feb. 25, which Ibrahim Hafiz Kawu of the All Progressives Congress (APC) challenged with a petition dated March 17.

    The petitioners had claimed that  Zakari purportedly forged the Housawa Special Primary School certificate which he presented to the Independent National Electoral Commission (INEC) on the grounds that the name on it was simply “Muktar Umar.”

    The Court of Appeal, in its judgment, held that the respondents, who were petitioners at the tribunal, failed to prove that Zakari was not the same person who  attended the school and was awarded the certificate.

    The panel consequently set aside the judgment of the tribunal, allowed the appeal and affirmed Zakari’s election victory.

  • Police arrest man over death of retired Benue court of appeal president

    Police arrest man over death of retired Benue court of appeal president

    The Police Command in Benue, has confirmed the arrest of one Aondohemba Joseph, over the death of Justice Margaret Igbetar, a retired President, Benue Customary Court of Appeal,

    The State’s Police Public Relations Officer (PPRO), SP Sewuese Anene, confirmed the arrest in a statement on Saturday in Makurdi.

    The 73-year-old Igbetar, who retired from service on Oct. 17, 2015, was said to be living a private life and was hardly seen in public.

    Anene said the judge was found in a pool of her own blood in her kitchen on Friday, with deep cuts on her back.

    “On Aug. 24, information was received at ‘E’ Police Division Makurdi, that Justice Margaret Igbetar (rtd), could not respond to calls and was no where to be found. Detectives were immediately deployed for investigation.

    “A search conducted within her house at Wantor Kwange Street, Gboko Road, Makurdi, led to the discovery of her body in a pool of blood inside her kitchen. It was also observed that she had deep cuts on her back.

    “Further investigation led to the arrest of one Aondohemba Joseph, and recovery of exhibits for detailed investigation,” the Police spokesperson said in the statement.

    The statement further quoted the State  Commissioner of Police (CP), Bartholomew Onyeka, as strongly “condemned the dastardly act”.

    Onyeka further assured that he would unravel the mystery behind the death and bring perpetuators of the barbaric act to book.

    Igbetar was born on Oct. 17, 1950, in Mbape, Shangev-ya, Tsar-Mbaduku, in Vandeikya Local Government Area of Benue State.

    She started her career as the Assistant Registrar, Grade I Area Court, Katsina-Ala, Benue State in 1971, and rose to become a Judge of the Customary Court of Appeal in 1995, a position she held till 2003 when she was appointed President of the court.

    Igbetar was a founding member of the International Federation of Women Lawyers, (FIDA), Benue State, a life member, first Chairperson of Benue branch and a National Trustee of the association.

    The late Justice served as a member, Election Petition Tribunal, Bauchi State, between 1998 and 1999, National Assembly Election Petition Tribunal Imo/Abia State in 1999 and the Gubernatorial Election Petition Tribunal, Kebbi State.

    She was also a member of the Committee on Review of the 1999 Constitution in 2000.

    NAN

  • BREAKING: Judges arrive as Presidential Election Petition Tribunal set to commence pre-hearing

    BREAKING: Judges arrive as Presidential Election Petition Tribunal set to commence pre-hearing

    All five (5) Judges have arrived at the Court of Appeal complex as the Presidential Election Petition Tribunal is to commence pre-hearing on petitions filed to challenge the outcome of the 2023 presidential election.

    TheNewsGuru.com (TNG) reports lawyers and journalists arrived at the presidential election petition tribunal venue as early as 6 am, but for over 2 hours, the courtroom remained locked.

    Meanwhile, security personnel have been stationed outside the Court of Appeal complex, Abuja as the pre-hearing of the petitions challenging the outcome of the February 25 presidential election is set to begin shortly.

    The petitions challenging the 2023 presidential election will be determined by the Presidential Election Petition Tribunal, sitting at the Court of Appeal in Abuja.

    The  Presidential Election Petition Tribunal, which is the court of first instance and has jurisdiction in presidential election-related petitions, will be manned by selected Court of Appeal judges.

    Recall that the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola had late last year inaugurated two hundred and seventy-seven election petitions tribunal judges to preside over matters relating to the 2023 general election.

    At the time of filing this report, the presidential candidate of the Labour Party in the election, Mr Peter Obi had arrived at the venue of the Presidential Election Petition Tribunal.

     

    Details shortly…

  • Re-run election: Appeal court reserves judgment in suit filed against Doguwa

    Re-run election: Appeal court reserves judgment in suit filed against Doguwa

    The Court of Appeal has reserved judgment in the appeal filed by the New Nigeria Peoples Party and its candidate Salisu Yushau, against the re-election of Alhassan Doguwa of the All Progressive Congress (APC).

    A three-member panel of the appellate court led by Justice Ita George-Mbaba, reserved judgment to a date that would be communicated to parties shortly after all counsel adopted and argued their brief of argument in the appeal.

    Tthe National and State House of Assembly Election Petition Tribunal had on April 7, struck out a petition filed by NNPP seeking to restrain INEC from conducting supplementary polls in Tudun Wada/ Doguwa Federal constituency in the state.

    Yushau and NNPP are seeking the court to set aside the decision of the National and State House of Assembly Election Petition Tribunal which claimed lack of jurisdiction to stop INEC from conducting the supplementary election.

    The appellant in their application are also seeking the court to set aside the April 15 re-run election that declared Doguwa as winner, member representing Tudun Wada/ Doguwa Federal constituency.

    The respondents in the suit are: Independent National Electoral Commission (INEC), Alhassan Doguwa, member representing Tudun Wada/ Doguwa Federal constituency Kano and APC.

    Counsel to the appellant, Adegboyega Awomolo SAN, said they filed their notice of preliminary objection on April 25, with a written address urging the court to allow the appeal and strike out the respondents preliminary objection.

    “where there is a final declaration and return of candidate as winner and there was no objection to the decision of INEC then election petition can be filed pursuant to section 24(4)of electoral act 2022.

    “Where there is inconclusive election there shall be no valid election until it is concluded”

    Counsel to the first respondent, Mr Idris Yakubu, filed a brief argument dated April 25, and urged the court to dismiss the suit.

    Counsel to the second and third respondent, Mr Nureini Jimoh, SAN, and Mr Abdul Adamu-Fagge, said a rerun election is different from supplementary election and urge the court to strike out the main suit at tribunal and dismiss the appeal with a cost.

    “INEC says once election is completed it should not be set aside pursuant to section 84 and 24(6) of electoral act.

  • Adeleke vs Oyetola: Court of Appeal to deliver judgment today

    Adeleke vs Oyetola: Court of Appeal to deliver judgment today

    The Court of Appeal sitting in Abuja will today deliver judgment in the legal battle between  the Osun State chapters of the Peoples Democratic Party  (PDP) and the All Progressives Congress (APC) over the state’s governorship tussle between the Governor, Senator Ademola Adeleke and and former governor Adegboyega Oyetola.

    TheNewsGuru.com  reports that the Independent National Electoral Commission ( INEC) had returned Senator Ademola Adeleke of the PDP as the winner of the  July 16 2022 poll.

    According to INEC, Adeleke polled 403,371 votes, to defeat the then incumbent Governor Adegboyega Oyetola of the APC, who got 375,027 votes.

    However, Oyetola and his party the APC rejected the result and contested it at the Tribunal.

    In its January 27, 2023 majority verdict, the Justice Tertse Kume-led tribunal annulled Adeleke’s victory and declared Oyetola the winner of the poll.

    The tribunal cited reasons of over voting in some areas as the reason ,

    Not pleased with the judgment, Adeleke and the PDP headed for the Court of Appeal.

    The Court of Appeal heard the appeal on March 13 and reserved its judgment.

    A member of Oyetola and APC legal team, Mr. Muhydeen Adeoye, inform pressmen on Thursday that the Court of Appeal had notified the parties that the judgment would be delivered today.

    Speaking on the expectations of the party, Osun PDP Director of Media, Oladele Olabamiji, said his party was hopeful that the Court of Appeal would restore Adeleke’s victory.

    He said, “We are expecting justice for the electorate in Osun, who collectively voted for the state governor, Senator Ademola Adeleke. We expect justice in line with the weight of evidence presented before the court.”

    Also, the spokesperson for the Osun APC, Mr. Kola Olabisi, also expressed optimism that the party would come out in flying colours.

    “We are optimistic that we are going to come out in flying colours because of our iron-cast evidence before the court,” Olabisi said.

    Meanwhile, a statement by the acting Public Relations Officer of the Command, Kehinde Adeleke, said, “Ahead of Friday’s Appeal Court judgment on the matter between Governor Ademola Adeleke and Alhaji Adegboyega Oyetola; there is strategic deployment of personnel around critical infrastructure in the state.

    “There will also be patrol by armed detachment of the corps in readiness for emergency response. The command is ready to prevent any breakdown of law and order arising from possible protests by aggrieved parties.”

  • Analysis: How post-presidential election audit may delay March 11 elections

    Analysis: How post-presidential election audit may delay March 11 elections

    The Independent National Electoral Commission (INEC) has filed a motion asking the Court of Appeal to vary the ex parte order given in favour of the Labour Party (LP) and People’s Democratic Party, (PDP), to inspect materials used for the presidential election.

    INEC’s application is sequel to a court order by Justice Joseph Ikyegh-led panel of the appellate court, granting the LP and PDP access to all the sensitive materials deployed for the presidential elections by the Commission, including the controversial Bimodal Voter Accreditation System (BVAS).

    Both political parties are contesting the outcome of the February 25 presidential election won by the candidate of the All Progressives Congress (APC) Bola Tinubu, citing Section146 (1) of the Electoral Act 2022, Paragraph 47 (1, 2 &3) of the First Schedule of the Electoral Act of 2022, and Section 6 (6) A & B of the 1999 Constitution, as amended.

    However, in the application filed by INEC, the Commission is asking the court to vary the order to allow it to reconfigure its BVAS machines for the March 11 governorship and state houses of assembly elections.

    “If the court does not grant a waiver to INEC to reconfigure the BVAS machines, the elections might be postponed,” a source in the Commission told this newspaper.

    The source further explained that the reconfiguration entails wiping out previous accreditation stored in the BVAS machines so that the exact number of voters who present themselves for the Gubernatorial and State House of Assembly elections would be accurately accounted for.

    When our reporter sought to know if the BVAS was able to detect when a voter has been accredited more than once, our source said: “It can because when you come, there is a statistics there (sic). The BVAS machine can show the VIN (Voter Identification Number) all the people that have successfully done accreditation”.

    This means that in areas where votes are alleged to have been rigged in favour of a candidate, accessing the accreditation data and conducting a forensic examination on the fingerprints stamped on ballot papers in a particular polling unit, can help determine whether an election fraud was committed.

    The source went on to explain what could happen if the court grants INEC the permission it is requesting to reconfigure its BVAS machines.

    “That means they (LP and PDP) would have to make do with the records backed up in the server, because after voting, field officials are required to export their data which goes to the server.

    “While hardcopy results are uploaded to the IReV portal which can be accessed by the public, the accreditation data is exported to the server either during or after polls to ensure that the entire process is well documented”.

    However, findings show that unlike the accreditation process which can be done offline, exporting the data to INEC’s server requires internet and for areas without network coverage where officials are unable to promptly export the accreditation data after polls, the Commission has no way of ensuring that they do so afterwards.

    Moreso, even in areas where there is internet coverage, the source could not confirm whether all accreditation data were uploaded to the server, making it unreliable for the post-presidential election audit.

    Some IT experts have expressed the view that INEC does not need to reconfigure its BVAS machines for the March 11 elections and that granting the order would allow the electoral body to tamper with the evidence and compromise the pending litigations on the controversial poll.

    No date has, however, been fixed for hearing of the application but the Commission says it would require sufficient time to manually reconfigure about 176, 846 BVAS machines which will be deployed for the election holding by the weekend.

    Nevertheless, the LP and PDP believed that accessing the records contained in the BVAS is crucial to proving their claims of electoral malpractices perpetrated by INEC officials during the February 25 election.

    INEC has vowed it will punish any of its officials found culpable of misconduct during the electoral exercise.

     

     

  • Just In: Court of Appeal sets aside judgement nullifying Zamfara PDP guber primaries

    Just In: Court of Appeal sets aside judgement nullifying Zamfara PDP guber primaries

    The Court of Appeal, Sokoto Division on Friday voided the Federal High Court Judgement nullifying the election of Dr Dauda Dare as Zamfara Peoples Democratic Party (PDP) governorship candidate for March 11 poll.

    Recall that the PDP Governorship Primary in the state which held on May 25, produced Dr Dauda Lawal-Dare, as the party’s governorship candidate for the 2023 general elections in the state.

    However, on September 16, a federal high court in Gusau nullified the election of Lawal as the governorship candidate of the PDP, following a lawsuit filed by, Madawaki, Shehu-Gusau, and Aliyu Hafiz Muhammad challenging the legality of the primary election.

    Details later…

     

     

  • Lawal vows to contest Appeal court judgment reinstating all PDP Candidates in Ogun state

    Lawal vows to contest Appeal court judgment reinstating all PDP Candidates in Ogun state

    A factional governorship aspirant on the platform of the peoples Democratic Party, (PDP) in Ogun state Otunba Jimi Adebisi Lawal has vowed to appeal the judgment of the Court of Appeal reinstating the sacked PDP candidates in the state.

    The Federal High Court in Abuja,  dismissed his suit, at the Court of Appeal and reinstated all the sacked PDP candidates in Ogun state.

    Lawal explained that, he received the Abuja verdict with mixed feelings saying that he has plans to appeal the judgment.

    His position on the judgment of Justice Inyang Edem Ekwo was contained in a statement issued by his campaign organization.

    The statement signed by Mr Austin Oniyokor, the Project Director of the organization, read in part, “The Jimi Adebisi Lawal Campaign Organization (JALCO) received with mixed feelings the news of the judgment just delivered this Thursday by the Federal High Court, Abuja, in respect of the governorship primary election of the Ogun state chapter of the Peoples Democratic Party (PDP) held on the 25th of May, 2022.

    “Although the judgment went against the issues, facts and the law, we are comforted by the fact that our judicial system allows for an appeal to the Court of Appeal and the Supreme Court.

    “We do intend to exercise our right of appeal without any delay. We are strong in our resolve to test the Constitution of the Peoples Democratic Party (PDP), its Guidelines for Primary Elections and the Electoral Act, 2022. If for nothing else, it will help to deepen our jurisprudence and democracy.

    “Flowing from the above, our legal team are taking steps to appeal the judgment immediately.

    “While we go through the judicial process, we wish to urge our faithful delegates, party members, supporters, leaders and elders to remain resolute and steadfast, knowing full well that though the wheel of justice grinds slowly, it is steady and sure. No matter how long it takes, the truth shall prevail!”

  • Nnamdi Kanu prays Supreme Court to set aside stay of execution judgment

    Nnamdi Kanu prays Supreme Court to set aside stay of execution judgment

    The leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu, on Thursday, prayed the Supreme Court to set aside the ruling of the Court of Appeal staying the execution of the judgment discharging him.

    The prayer is contained in court papers obtained by newsmen dated Nov. 3.

    Kanu noted that the court erred in law when it proceeded to hear and determine an application for stay of execution of judgment in a criminal appeal, brought under Order 6 Rule 1 of the Court of Appeal Rules, 2021, and Section 17 of the Court of Appeal Act of 2004, and thereby occasioned a miscarriage of justice.

    Both the Court of Appeal Rules 2021 and Court of Appeal Act, 2004, did not make any provisions for stay of execution of a Court of Appeal judgment in a criminal appeal.

    He said that court erred in law when it failed to properly assess or evaluate or appraise the evidence led by and on behalf of the Appellant and consequently arrived at a wrong conclusion.

    He sought for an order restoring the efficacy of the judgment of the court below which has not in any way been set aside by a higher court.

    And for such further order or orders as the court may deem fit to make in the circumstances of the appeal.

    Newsmen reports that the appellate court had on Oct.  13, freed Kanu of the terrorism and treasonable felony charges preferred against him by the Federal Government.

    The three-member panel had in the judgment set aside the judgment of the Federal High Court, Abuja, which quashed eight out of the 15 counts of the charge preferred against Kanu.

    In the unanimous judgment delivered by Justice Oludotun Adefope-Okojie, the Appeal Court declared as illegal and unlawful the abduction of Kanu from Kenya to Nigeria and quashed the entire seven charges retained by the trial court against him on the ground that the Federal Government breached all local and international laws in the forceful extradition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.

    The Federal Government applied for a stay of execution order, urging the court not to release Kanu as he was seen as a flight risk and security threat to the country.

    The court granted the federal government’s application for stay of judgment discharging Kanu, of terrorism charge

  • Lawyers to IPOB’s leader set to storm DSS Headquarters

    Lawyers to IPOB’s leader set to storm DSS Headquarters

    Ifeanyi Ejiofor, Counsel for the leader of Indigenous People of Biafra, IPOB, Nnamdi Kanu, has revealed that the legal team would be formally approaching the Department of State Services, DSS, headquarters on Monday, barely 72 hours after being set free by the Abuja Division of the Court of Appeal.

    While citing legal authorities, he said the freedom of Nnamdi Kanu, which was his fundamental and constitutionally guaranteed right, could not be stayed.

    Should the government and its security agencies refuse to release Kanu, he said far-reaching extant legal remedies, including reporting Nigeria to international agencies, would be activated to ensure immediate compliance with the court order.

    TheNewsGuru.com reports that the Court of Appeal (Abuja Division) had on Thursday freed Kanu of the terrorism and treasonable felony charges preferred against him by the Federal Government.

    The three-member panel of Justices of the Appellate Court had, in the judgement, set aside the judgement of the Federal High Court, Abuja, which quashed eight out of 15 counts charge preferred against Kanu.

    The Appellate Court in the unanimous judgement delivered by Justice Oludotun Adefope-Okojie declared as illegal and unlawful the abduction of Kanu from Kenya to Nigeria and quashed the entire seven charges retained by the trial court against him on the ground that the Federal Government breached all local and international laws in the forceful rendition of Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.

    But Ejiofor, who expressed optimism that Kanu would be out of prison today (Monday), advised the President, Major General Muhammadu Buhari (retd.), to do the needful by obeying the court order.

    He said, “It has been my position that the Federal Government has a right to appeal to the Supreme Court, which is a constitutionally guaranteed right. But the only impediment to the exercise of that right is that the Federal Government must first of all comply with the Order of the Learned Justices of the Court of Appeal which discharged Mazi Nnamdi Kanu, and prohibited further indictment or commencing any fresh criminal charge against him.

    “It is a settled law, as has been held by the Supreme Court in a plethora of cases, including the apex court’s decision in the case of Chukwuemeka Odumegwu Ojukwu Vs Lagos State Government, that an appellant will not be in contempt of an order of a lower court, and approach the Supreme Court in search of equitable remedies to stay the execution. It is more so when by the effect of the Judgement of the Court Appeal under reference emphatically set aside the order of the lower court and the frivolous charge which had hitherto legitimised his detention from June 29 2022, they are now terminated and became extinct on October 13 2022.

    “Furthermore, the freedom of Mazi Nnamdi Kanu which is his fundamental and constitutionally guaranteed right cannot be stayed.

    “Mazi Nnamdi Kanu is yet to be released, though we will be formally approaching the State Security Service Headquarters on Monday with the enrolled order of the court, and judgement of the Court of Appeal which will be available on Monday, for immediate compliance. We expect to have Mazi Nnamdi Kanu released to us today, being October 17 2022.

    “The Federal Government is yet to file any appeal against the judgement of the Court of Appeal, as at today. But as I had earlier stated, the Federal Government must first of all obey the order of the Court of Appeal and release Mazi Nnamdi Kanu who has been discharged by the Court of Appeal, before challenging the judgement before the Supreme Court.

    “It is our position that in the unlikely event that the Federal Government of Nigeria fails to obey the order of the Court of Appeal discharging Mazi Nnamdi Kanu, we will activate far-reaching extant legal remedies to ensure immediate compliance, which remedy may not be limited to resorting to domestic legal remedy, but would be extended to reporting the Federal Government of Nigeria heinous conduct before the relevant international agencies, foreign Institutions and governments. Other legal remedies available to us will not be disclosed here.

    “President Muhammadu Buhari had said on various occasions that he would not interfere with the judicial process and that it is the court that would set Mazi Nnamdi Kanu free. The Court of Appeal, the penultimate court, has set Mazi Nnamdi Kanu free, it is now time for President Muhammadu Buhari to keep to his word and ensure that Mazi Nnamdi Kanu is released without any further ado.”

    While setting Kanu free, the Appellate Court agreed with counsel for the IPOB leader, Dr. Mike Ozekhome, SAN, that Kanu was illegally abducted and extra-ordinary renditioned from Kenya to Nigeria, against both, International and local laws.

    “By the illegal abduction and extraordinary rendition of the appellant, there was a clear violation by the respondent to International treaties, conventions, as well as the African Charter on Human and Peoples Right,” the court held.

    The Appellate Court said that the Federal Government, having flagrantly breached the fundamental rights of Kanu, lost the legal right to put him on trial, adding also that laws were meant to be obeyed and that the Federal Government had no reason to have taken laws into her own hands in the illegal and unlawful way the matter of Kanu was handled.

    The failure of Nigeria to follow due process by way of extradition process as prescribed by law, it said, was fatal to the charges against Kanu and further held that the failure of the Federal Government to disclose where and when the alleged offences brought against Kanu were committed was also fatal to the terrorism charges and made them liable to dismissal.

    “By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the Federal Government did not come to equity in clean hands and must be called to order. With appalling disregard to local and international laws, the Federal Government has lost the right to put the appellant trial for any offence.

    “Treaties and Protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy,” the Court held.

    The panel also held that the trial court lacked jurisdiction to handle the charges against Kanu, as he was not properly arraigned before the court.

    The panel, presided over by Justice Jummai Hanatu, also held that the offences Kanu was alleged to have committed happened in Kenya and not in Nigeria.

    Justice Binta Nyako of the Federal High Court in Abuja had said in her judgement that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations, which the IPOB leader had to answer.

    But Kanu, through his team of lawyers led by Mike Ozekhome, SAN, filed an appeal marked CA/ABJ/CR/625/2022, praying the court to quash the remaining seven counts for being devoid of merit.