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Tag: Court of Appeal

  • Ohanaeze hails Court of Appeal judgment on Nnamdi Kanu

    Ohanaeze hails Court of Appeal judgment on Nnamdi Kanu

    The apex Igbo socio-cultural organization, Ohanaeze Ndigbo Worldwide, has noted that it received the release of Indigenous People of Biafra, (IPOB) leader Nnamdi Kanu, with great excitement, jubilation, and consummate relief, saying history vindicates just.

    Ohanaeze added that the judgment of the Court of Appeal on Thursday quashing terrorism charges against Kanu elicit great excitement and a big relief.

    This was contained in a statement issued in reaction to  Kanu’s release by its National Publicity Secretary, Dr. Alex Ogbonnia on Thursday and it’s titled: ‘Nnamdi Kanu – History vindicates the just’, expressed optimism that whatever he may have lost in persecution will be maximized by the eternal rewards in heroism.

    The statement reads in part: “In several drinking parlours across the country, people of various categories were seen popping champagne, clinking glasses, and dancing, signaling the end of an era in the history of the Igbo and Nigeria.”

    Ohanaeze said the world had watched with keen interest the trial of Nnamdi Kanu and it was therefore self-evident that the judgment was a major boost to the image of Nigeria among the comity of nations.

    “This is a plus to the Nigerian democracy and a sign that brighter days lie ahead. What occurred today is a sign of bright light at the end of the tunnel,” the statement said.

    Ogbonnia noted that Ambassador George Obiozor-led Ohanaeze had maintained that Nnamdi Kanu is a phenomenon that expresses the injustice, orchestrated alienation, and inequity against the Igbo.

    “On the other hand, all the oppressed groups in Nigeria are symbolized in Nnamdi Kanu. Nnamdi Kanu, therefore, symbolizes the Igbo collective unconscious.

    “Obiozor has repeatedly reminded the Federal Government that the incarceration of Mazi Nnamdi Kanu is an ill wind that blows nobody any good,” he said.

    He said that the fate of Nnamdi Kanu had caused tremendous apprehensions, including the Monday sit-at-home, its enforcements by gunmen, the roadblocks on the major roads in all parts of Igbo land, and, ultimately, the monumental loss of goods, especially in the South-East of Nigeria. This explains why the landmark judgment by the Appeal Court Justices has reverberated across the country and beyond with jubilation galore.

    Part of the statement also reads, “Barrack Obama, the former President of the USA had lamented that the bane of Nigeria and other Third World countries is the lack of strong institutions. He bemoaned the manipulation of the State institutions such as the judiciary, Electoral Management Bodies, etc.

    “In an ideal democracy, structures, such as the Electoral Management Body (EMB), in our case INEC, should stand above the government. In our bizarre democracy, there is no distinction between the EMB and the government because the members of INEC are recruited by the same government. At any rate, this day in history will always be remembered with immense passion.

    “Ohanaeze Ndigbo salutes the courage and uprightness of the Court of Appeal justices for this landmark judgment. We want to use this opportunity to commend the indefatigability, steadfastness, and commitment of all the legal luminaries that sacrificed their intellect and resources in defense of Mazi Nnamdi Kanu and the pursuit of justice.

    “There are several courageous Nigerians, the social prophets and cosmic agents, who spoke out against the incarceration of Kanu. The fourth estate of the realm and civil society have shown tremendous support throughout the struggle.

    “The Diaspora Igbo whose spirit remained indomitable. We salute their courage and solidarity. We are certain that whatever Nnamdi Kanu may have lost in persecution will be maximized by the eternal rewards of heroism.

    “Our joy knows no bounds. This is because the South-East of Nigeria used to be the most peaceful geopolitical zone in the country. But, since April 2021 when the Owerri Correctional Centre was overwhelmed by unknown gunmen and over 1800 prison inmates discharged, the South-East has not known peace.

    “Today, it is Eureka! A glorious day; a day of peace re-found; a day of peace profound; a day of rebirth and indeed a day that injects grassroots impetus and momentum into the Igbo renaissance. Above all, it is a remarkable day that clears the coast for the irreversible contagious Nigerian movement for 2023. We are happy that today, history has vindicated the just.”

  • Strike: ASUU set to meet today to review Appeal Court ruling

    Strike: ASUU set to meet today to review Appeal Court ruling

    The Academic Staff Union of Universities, ASUU, will be holding a crucial meeting today (Sunday) to review the Court of Appeal jugment asking them to call off the ongoing industrial action embarked upon by the union eight months ago.

    TheNewsGuru.com reports that the Appeal Court on Friday upheld the ruling of the National Industrial Court  (NIC) ordering the Union to call off its prolonged industrial action embarked upon eight months ago and continue to negotiate with the government by the side.

    ASUU on February 14, 2022 shut down public universities across the country while demanding for the full implementation of earlier agreements between it and the Federal Government.

    But following fruitless efforts by the government and other stakeholders to reach a truce with the aggrieved lecturers, the President Muhammadu Buhari-led government, on September 11, dragged ASUU to the National Industrial Court.

    The court, on September 24, ordered the union to return to classroom while negotiation with the Federal Government continues.

    Not pleased with the ruling, ASUU headed to the appellate court to appeal the ruling.

    ASUU President, Professor Emmanuel Osodeke, told Newsmen on Friday while reacting to the ruling that the union would review the Appeal Court’s order before it would decide on the next line of action.

    He said, “We have not received the ruling, when we get it, we will review it with our lawyer and then we can take the next step”.

    The Minister of Labour and Employment, Chris Ngige, had while reacting to the development on Friday, said labour controllers across the States of the federation are monitoring schools to ensure compliance with the ruling of the Court of Appeal.

    “I have asked labour controllers in the states and the zones to go to the schools and see if the vice-chancellors have opened the gates.

    “If they don’t, they will be charged for contempt,” he said while featuring on a Channels Television program.

    Meanwhile, a member of the union who pleaded anonymity, told Newsmen on Saturday that the National Executive Council of ASUU would be meeting today to review the Appeal Court judgment.

    He said, “The Appeal Court ruling will be critically reviewed on Sunday and it is after that we will know the fate of Nigerian students who have been forced to stay at home for almost eight months due to the Federal Government’s negligence.

    “Ngige and the Buhari government failed to understand that even if they force the union to resume work, they cannot force the lecturers to teach the Nigerian students whose future have been jeopardized”.

     

  • University Strike: ASUU reacts to Appeal Court ruling

    University Strike: ASUU reacts to Appeal Court ruling

    The Academic Staff Union of Universities, (ASUU) has said it’s studying the judgment of the Court of Appeal that ordered them to call-off the eight-month-old  strike on Friday, adding that they will soon come up with their next line of action.

    The appeal court on Friday upheld the ruling of the National Industrial Court with immediate effect.

    In reaction to the court of Appeal judgment, ASUU President, Professor Emmanuel Osodeke, told Newsmen that the union is yet to officially receive the Appeal Court ruling.

    He said the union would after receiving the judgment, go through the document with its lawyers and decide on its next line of action.

    He said, “We have not received the ruling, when we get it, we will review it with our lawyer and then we can take the next step”.

    Recall that the Federal Government, after failing to reach an agreement with ASUU decided to sue the body to the National Industrial Court on September 11.

    The court on September 24, ordered the striking lecturers to return to class while negotiation with the Federal Government continues.

    Not pleased with  the ruling, the union headed to the appellate court to appeal the ruling.

  • Again, FG, ASUU negotiation fail, Appeal Court to give ruling on Friday

    Again, FG, ASUU negotiation fail, Appeal Court to give ruling on Friday

    The Court of Appeal will today deliver a judgment on the application filed by the Academic Staff Union of Universities, (ASUU) against the order of the National Industrial Court asking the public lecturers to resume after it embarked on eight-month-old strike action.

    The NICN ruled that ASUU should call off its eight-month-old strike and enter into negotiations with the federal government.

    However, ASUU, through its counsel, Femi Falana (SAN), filed an application at the Court of Appeal (Abuja Division) seeking the leave of court to file an appeal against the industrial court order.

    Falana noted that it’s within ASUU’s right to file an appeal against the interlocutory injunction because it is against them.

    He added that ASUU will seek and obtain leave of the court of appeal before filing a notice of appeal to ensure the validity of the appeal.

    Falana asked a three-man panel of the court headed by Justice Hamma Barka to reject government opposition against the application, adding that it would amount to a dangerous decision for his client to be denied the right of appeal.

    Earlier, Falana had requested that the stay of execution of the ruling of the industrial court, contained in the application, be discontinued.

    However, in his opposition to ASUU’s application, the Federal Government prayed the court to dismiss the entire application on grounds of incompetence and jurisdiction.

    The lawyer to the Federal Government, James Igwe (SAN), drew the attention of the court to the fact that the Industrial Court order made on September 21, had not been obeyed by the lecturers.

    He also opposed the decision of ASUU to jettison the stay of execution of the Industrial Court order, adding that both parties had already joined issues.

    “ASUU is in contempt of court, it is illegal for ASUU to remain on strike in the face of the industrial court order. Section 18(1) of the Trade Dispute Act, does not allow a party in contempt to come before the Court of Appeal with the type of ASUU’s application”, he said.

    Igwe, therefore, prayed the Court of Appeal to dismiss the request of ASUU for leave to appeal against the Industrial Court order that has not been obeyed.

    Justice Barka Hamma, after taking arguments from the two parties, announced that the ruling of the court would be delivered on October 7.

    Meanwhile, lawyers for the Federal Government and ASUU on Thursday told the Court of Appeal that both parties could not settle for an out-of-court settlement as advised by the court.

    Falana suggested that their application challenging the ruling of the Industrial Court, be heard by the three-man panel of the Appeal court.

    Both parties agreed that the court should hear the application, as there was no amicable resolution reached as advised by the court.

     

  • FG/ASUU: Appeal Court gives parties 24hrs to resolve dispute amicably out of court

    FG/ASUU: Appeal Court gives parties 24hrs to resolve dispute amicably out of court

    The Court of Appeal in Abuja has given the Federal Government and the striking Academic Staff Union of Universities, ASUU, twenty-four hours to resolve their dispute amicably out of court.

    According to the Appellate Court, on Wednesday, the two parties are to have a rethink, sit down and come out with a resolution that would make Nigerians happy.

    Justice Georgewill Biobele Abraham threw the challenge when the Federal Government and ASUU appear before for a hearing in the appeal instituted by ASUU against the judgment of the National Industrial Court.

    Specifically, Justice Georgewill tasked counsel to the Federal Government, James Igwe (SAN) and that of ASUU, Femi Falana (SAN), to first sit down as lawyers, take a patriotic position and convey the position to their clients.

    The judge said, “There is time for everything, time for war, and time for peace. As Ministers in the temple of justice, we want to see the two of you as senior lawyers encourage and explore amicable settlement of this dispute.

    “In fact, we expect to return to this court on Thursday with the good news that the dispute has been thrashed out and all the appreciation of Nigerians will go to you.

    “So, talk to your clients to take the interest of the nation into consideration for the sake of our children. As you leave here, go and sit down and talk and resolve the matter.”

    Counsel to the Federal Government, James Igwe thanked the Justices for the admonitions and promised to look into the counseling with his colleague.

    Falana said that he had initiated something similar and would be happy to do more on the way out of the strike.

    He, however, restated that an amicable resolution of the matter would involve give and take from the two parties.

    Meanwhile, the court presided over by Justice Barka Hamma Akawu has fixed October 6 for hearing in a motion filed by ASUU for a stay of execution of the judgment of the Industrial Court which ordered the striking lecturers to go and resume work pending the resolution of their dispute with the Federal Government.

    During Wednesday’s proceedings, Falana had sought to move the motion but the Federal Government lawyer objected on the ground that he had not been served with the motion dated September 28.

    The record of the court however revealed that the motion was served on the office of the Attorney General of the Federation AGF.

    Following this, the government lawyer sought a short adjournment to enable him to respond to the motion.

    Justice Akawu subsequently fixed October 6 for hearing of the motion.

  • Osun: We ‘ll appeal nullification of APC primary – Oyetola’s Aide

    Osun: We ‘ll appeal nullification of APC primary – Oyetola’s Aide

    Ismail Omipidan, who is one of the aides of the  Osun state governor, Adegboyega Oyetola, has appealed to members of the All Progressives Congress (APC) in the state to remain calm and resolute, following the decision of a Federal High Court that nullified the candidature of the governor in the July 16 gubernatorial election.

    Recall that a  Federal High Court sitting in Abuja had on Friday nullified the nomination of the Osun Governor Adegboyega Oyetola and that of his Deputy, Benedict Alabi in their participation in the July 16, Osun gubernatorial.

    The Presiding Judge, Justice Emeka Nwite while giving the order in a judgment declared as null and void, the nomination of Governor Adegboyega Oyetola and Benedict Alabi by the APC.

    However, Omipidan, made it known through a statement signed and released by him on Friday that the governor’s lawyers were getting set to challenge the decision of the Federal High Court at the Appeal Court.

    He assured APC members in the state that the decision will be set aside when it gets to the Court of Appeal.

    “The case was instituted by the opposition Peoples Democratic Party (PDP) despite the fact there is a plethora of decisions flowing from the apex court that frowns upon such a decision.

    “For the records, the position of the law is that only members of the APC who participated in the primary election can approach the court to challenge the nomination of Oyetola as the candidate of the party.

    “All these are part of the antics of the opposition PDP and some of their collaborators from within to distract us. But like every of their plans, this too has fallen flat on their faces.

    “They want to distract us from the tribunal case. But we shall remain focused until we take back our mandate. We have confidence in the Tribunal to do justice in the case before it, just as we have implicit confidence in the Appeal Court to set aside this latest decision of the Federal High Court,” Omipidan said.

    The decision of the Federal High Court was predicated on the ground that Governor Mai Mala Buni who submitted their names to INEC violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act 2022.

    The court also held that Governor Buni holding dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of the APC acted in contravention of the provision of Section 183 of the Constitution of the Federal Republic of Nigeria.

    The court held that the decisions taken by Governor Mai Mala Buni, including forwarding the names of Governor Isiaka Oyetola and Benedict Alabi to INEC, amounted to a nullity in law.

    Governor Oyetola had already approached Election Tribunal to challenge the outcome of the July 16th gubernatorial election which he lost to Ademola Adeleke of the Peoples Democratic Party, (PDP)

  • Buhari condoles with Court of Appeal President Dongban-Mensem over son’s death

    Buhari condoles with Court of Appeal President Dongban-Mensem over son’s death

    President Muhammadu Buhari has condoled with the President of the Court of Appeal, Justice Monica Dongban-Mensem, over the loss of her son, Prince Paeke Dongban.

    The president’s condolence message to Justice Dongban-Mensem is contained in a statement by Malam Garba Shehu, the Senior Special Assistant to the President on Media and Publicity on Monday in Abuja.

    Buhari described the death of the young mathematician as tragic.

    He said: “I am deeply saddened to learn about the sudden demise of your worthy son Paeke.

    ”With his passing away, a promising public career has been tragically cut short. In this hour of grief, our thoughts and prayers are with you, your family and the entire people of Plateau State.

    “May the late Paeke Rest in Peace and may the family find the strength to bear the irreparable loss,” the president prayed.

    He assured the Court of Appeal President of the prayers and thoughts of the entire nation during this trying moment.

  • Facts about acting CJN, Justice Ariwoola

    Justice Olukayode Ariwoola of the Supreme Court, who on Monday took the judicial oath of office as the acting Chief Justice of Nigeria, CJN, was born on 22 August 1958.

     

    He was formerly a Justice of the Court of Appeal and on November 22, 2011, he was appointed to the bench of the supreme court of Nigeria as Justice.

    Justice Ariwoola

     

    Justice Ariwoola was sworn in as acting CJN, to give room for the approval of the National Judicial Council (NJC), following the resignation of Justice Tanko Muhammad.

     

    Current Justices of the Supreme Court of Nigeria
    Chief Justice: Tanko Muhammad (resigned)
    Associate Justices: Mary OdiliOlukayode AriwoolaMusa Dattijo MuhammadKudirat Kekere-EkunJohn Inyang OkoroChima Centus NwezeAmina AugieEjembi EkoUwani Musa Abba AjiM. Lawal GarbaHelen M. OgunwumijuAddu AbokiI. N. M. SaulawaAdamu JauroTijjani AbubakarEmmanuel A. Agim

    TheNewsGuru.com reports that Justice Ariwoola of the Supreme Court, on Monday, took the judicial oath of office as the acting CJN.

     

    President Muhammadu Buhari administered the oath of office to the acting CJN during a swearing-in ceremony held at the Council Chamber of the Presidential Villa in Abuja, the nation’s capital.

     

    The 62-year-old justice, took over from the outgone CJN, justice Tanko Muhammad

     

    He is expected to serve in an acting capacity till further confirmation by the National Judicial Council (NJC).

     

    While taking the judicial oath, he swore to be faithful and bear true allegiance to the Federal Government of Nigeria, as well as defend the Constitution of the Federal Republic of Nigeria.

    Justice Ariwoola
    Justice Olukayode Ariwoola of the Supreme Court on Monday taking the judicial oath of office as the acting Chief Justice of Nigeria (CJN)

     

    Justice Muhammad had resigned as the Chief Justice of Nigeria on Sunday night, citing ill-health as the reason for his decision.

     

    This led to the inauguration of the acting CJN, who is the next most senior justice of the Supreme Court at the time of Justice Muhammad’s resignation.

     

    Until his resignation, according to reports, the immediate past CJN was seriously ill.

     

    News of his resignation broke barely a week after 14 justices of the Supreme Court wrote to him to lament the dilapidated state of affairs in the apex court.

     

    In the leaked letter, the justices alleged that Justice Muhammad failed to address the issues raised despite drawing his attention to them.

     

    They had complained of a lack of residential accommodation and vehicles at the court, alleging that the former CJN was gallivanting with his ‘spouse, children and personal staff’ while not allowing them to travel with an assistant on foreign trips.

     

    But these allegations were denied by an aide to the former CJN.

  • ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    Former President of Igbo think tank group, Aka Ikenga, Chief Goddy Uwazurike, on Thursday, said the Court of Appeal was on firm ground when it declared that the Federal High Court (FHC) Umuahia, lacked the jurisdiction to entertain the matter.

     

    TheNewsGuru.com (TNG) reports that the Court of Appeal, Abuja Division, on Wednesday, set aside the judgment of the Federal High Court in Umuahia, which voided the provision of Section 84(12) of the Electoral Act 2022.

     

    Chief Goddy Uwazurike

     

    Reacting to the Court of Appeal ruling, Uwazurike said: “The major reason is that the plaintiff had no locus standi to file the suit. It’s important to point out that a few days before the Umuahia case was filed, one man had gone to the Federal High Court sitting in Ibadan with the same prayers.

     

    “The presiding judge, Justice Agomoh struck out the suit on the ground of lack of locus standi. Locus standi actually means, what are you standing on or what concerns you personally. In a claim in any court, a litigant states how it affects him. So, the Court of Appeal is on solid ground in this regard.

     

    “Now, the next issue is the opinion of the court on the constitutional position of section 84(12) of the Electoral Act. The Supreme Court has stated that the Court is expected to give an opinion on the issues before the court. This is because the matter can be resolved completely by the Supreme Court.

     

    “But the judgment of the court today is that the Federal High Court sitting in Umuahia had no jurisdiction over the case. So the Electoral Act as signed into law by Mr President is the law today.”

  • ELECTORAL ACT: Court of Appeal was wrong to say claimant had no locus standi to have brought the action- Oyesanya SAN

    ELECTORAL ACT: Court of Appeal was wrong to say claimant had no locus standi to have brought the action- Oyesanya SAN

    A Senior Advocate of Nigeria, Mr Adekunle Oyesanya, has faulted Wednesday’s decision of the Court of Appeal, Abuja Division, on Section 84(12) Of Electoral Act, saying “they were in error to have held that the claimant had no locus standi to have brought the action”.

    While delivering judgment on Wednesday, the three-member panel headed by Justice Hamma Barka held set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

     

    The Court of Appeal held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case as the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first instance.

     

    The court added that Mister Edede did not establish any cause of action to have warranted him approaching the court on the issue because he did not establish that he was directly affected by the provision.

     

    The Court of Appeal then struck out the suit filed by Edede, but referred the appeal against the Federal High Court judgement to the Supreme Court for interpretation.

     

    Reacting to the development, the senior advocate said: “With the greatest respect to Their Lordships of the court of appeal, they were in error to have held that the claimant had no locus standi to have brought the action.

     

    “The Supreme court has laid it down in a number of cases, including FAWEHINMI V BABANGIDA( 2003) that every citizen has a right to bring an action that challenges the constitutionality of a statute.

     

    “However, the Court, in my opinion, was right in striking down section 84(12) of the Electoral Act. That section fails the test of being consistent with the constitution.