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Tag: Supreme Court

  • Supreme Court judgement has opened a new legal window for my release – Nnamdi Kanu

    Supreme Court judgement has opened a new legal window for my release – Nnamdi Kanu

    Nnamdi Kanu, the leader of the Indigenous People of Biafra, (IPOB) has explained that the Supreme Court judgement has opened a new legal window for his release.

    Kanu gave this explanation during his routine meeting with his legal team, led by his special counsel, Aloy Ejimakor, and Barrister Nnaemeka, at the Abuja facility of the Department of State Services, DSS.

    However, the IPOB leader expressed disappointment with the judgement.

    Posting on X, Ejimakor wrote: “UPDATE: I met with #MNK today in tow with Barr Nnaemeka.

    “Onyendu expressed his profound disappointment with the Supreme Court judgment but he believes that aspects of the judgement have opened a new legal window to pursue his release. He asked all and sundry to remain confident.”

    Recall that the Supreme Court recently turned down an appeal to release the embattled IPOB leader from detention.

    In its judgement delivered by Justice Emmanuel Agim but written by Justice Garba Lawal, the Supreme Court upturned the Appeal Court ruling that discharged and acquitted Kanu of all terrorism charges in October 2022.

    The Supreme Court held that although the Nigerian government recklessly and unlawfully rendered Kanu from Kenya, such an unlawful act has not divested any court from proceeding with trial.

    Justice Lawal held that no Nigerian law was cited in the suit seeking Kanu’s release from unlawful abduction from Kenya

  • BREAKING: Senate confirms 11 Supreme Court Justices

    BREAKING: Senate confirms 11 Supreme Court Justices

    The Senate has confirmed the appointment of 11 Supreme Court Justices nominated by President Bola Tinubu to fill the vacancies on the apex court bench.

    This followed the adoption of the report of the Senate Committee on Judiciary, Human Rights and legal Matters at the Committee of the Whole on Thursday.

    Presenting the report, Sen.Mohammed Monguno, the Chairman of the Committee, said the request for confirmation of the nominees was in pursuant to section 231(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    He said the committee at the screening received their curriculum vitae and other documents on their suitability for appointment as Supreme Court Justices.

    “The nominees individually demonstrated knowledge and grasp on questions asked by members of the committee,” he said.

    Monguno said there was no criminal record or petition against the nominees, saying that they all possed the requisite experience and competency to function as Supreme Court Justices.

    Sen.Binos Yaroe (PDP-Adamawa),who seconded the motion for adoption of the report said the nominees were all eminently qualified for appointment as Supreme Court Justices.

    He said all the nominees emanated from the Appeal Courts, urging that efforts should be made in the near future to nominate law scholars who were suitable from the academia.

    Former President of Senate, Ahmad Lawan (APC-Yobe) and former Senate Chief Whip, Sen.Orji Uzor-Kalu(APC-Abia) commended President Bola Tinubu for the nomination.

    They called for improved funding of the judiciary saying that improved funding would ensure speedy dispensation of justice.

    “Let us give them more resources,”Lawan said.

    President of Senate, Godswill Akpabio said allocation of more resources for the judiciary would improve modern ways of justice dispensation, while also commending Tinubu for accommodating all zones in the nomination.

    He congratulated the justices and prayed that God grant them wisdom and strength of character to carry out justice in Nigeria.

    The new Supreme Court Justices were Jummai Sankey, Stephen Adah, Mohammed Idris, Haruna Tsammani, Jamilu Tukur, Abubakar Umar, Chidiebere Uwa, Chioma Nwosu-Iheme, Obande Ogbuinya, Moore Adumein and Habeeb Abiru.

  • Nnamdi Kanu: Abia indigenes express shock at Supreme Court ruling

    Nnamdi Kanu: Abia indigenes express shock at Supreme Court ruling

    Many of the Indigenes of Afaraukwu Ibeku in Umuahia North LGA of Abia State have expressed their shock with the ruling of the Supreme Court, which upturned the ruling of the Appeal Court that IPOB leader Mazi Nnamdi Kanu be released.

    The Supreme court upheld the Federal Government’s appeal on Friday,, ruling that Kanu must face trial at the Federal High Court.

    The Supreme Court, in its judgement delivered by Justice Emmanuel Agim but prepared by Justice Garba Lawal, held that the Court of Appeal was wrong to rule that Kanu could not be tried again based on the illegality perpetrated against him by the Federal Government following the invasion of his home.

    Although the court ruled that the Nigerian government recklessly and unlawfully brought back Kanu from Kenya, such an unlawful act has not divested any court from proceeding with the trial.

    The former President General of Afaraukwu community, Ikechuckwu Ndubueze, said that the ruling delivered by the Supreme Court was in contrast to justice.

    He wondered how the same apex court that acknowledged that Kanu was wrongly arrested and brought into Nigeria unlawfully from Kenya could go ahead to quash the earlier ruling by the Appeal Court freeing the IPOB leader.

    Ndubueze, who described Nnamdi Kanu as a prophet, said that the Nigerian judiciary was no longer a place for justice, adding that conflicting judgements dished out by post-election courts have vindicated Kanu’s standpoints.

    He warned that nothing must happen to their son, Nnamdi Kanu, in detention, as his kinsmen would not tolerate any harm to him.

    According to the President General, the avalanche of injustice in the country has further justified Kanu’s call for Biafra.

    “Nnamdi Kanu must certainly come back to Ibekuland, and nothing must happen to him in detention. We, the Ibeku people, are fearless and would never tolerate any harm to our son,” he declared.

    He wondered why the Federal Government was not respecting human rights laws as enshrined in the United Nations, African Union, and ECOWAS charters.

    It was gathered  that many indigenes of Afaraukwu had prepared to stage a big celebration in their homes on Friday but suspended it after the Supreme Court judgement.

  • Why Supreme Court upheld treason charge against Nnamdi Kanu

    Why Supreme Court upheld treason charge against Nnamdi Kanu

    The Supreme Court on Friday upheld the treasonable charge filed against Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

    The federal government prayed the court to set aside an earlier judgment by the Court of Appeal, which quashed the treasonable felony charge against Kanu and ordered his release on the grounds that he was unlawfully brought back to the country after he jumped bail.

    Kanu wants the Supreme Court to allow the judgment of the Court of Appeal and uphold his discharge and acquittal.

    Counsel to the federal government, Tijani Gazali (SAN) has urged the apex court “to allow the appeal, set aside the judgment of the court below, and affirm the judgment of the trial court (Federal High Court), to the effect that the respondent should stand trial in respect of the charge, which the court below quashed.”

    Gazali further urged the court to dismiss the cross-appeal filed by Kanu.

    In his submission, Mr Mike Ozekhome, Kani’s counsel, urged the court to dismiss the appeal filed by the federal government with punitive costs and uphold the cross-appeal in order to do substantial justice to this matter.”

    He urged the court to allow the cross-appeal filed by his client.

    Ozekhome told the court that his client has been in custody since June 29,  2021

    The apex court also declined to order the release  Kanu, from detention.

    The judgment that was written by Justice Garba Lawal voided and set aside the judgment of the Court of Appeal which in October last year ordered the release of Kanu and also quashed the terrorism charges against him.

    It held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any court from proceeding with trial.

    He that no Nigerian law was cited in the suit seeking Kanu’s release on mere unlawful abduction from Kenya adding that at moment, the remedy for such action is for Kanu to file a civil matter against such act instead of removing the powers of courts to continue with his trial for alleged criminal charges.

    He subsequently ordered that Kanu should go and defend himself in the remaining 7 count terrorism charges against him.

  • BREAKING: Supreme court overturns A’Court Judgement, insists Nnamdi Kanu must face trial

    BREAKING: Supreme court overturns A’Court Judgement, insists Nnamdi Kanu must face trial

    The Supreme Court has upheld the Federal Government’s Appal challenging the verdict of the Appeal Court which dismissed the charges against Nnamdi Kanu.

    In upholding the government’s appeal, the Supreme Court held that Kanu must face trial at the Federal High Court.

    The Supreme Court has upheld the Federal Government’s Appal challenging the verdict of the Appeal Court which dismissed the charges against Nnamdi Kanu.

    In upholding the government’s appeal, the Supreme Court held that Kanu must face his trial at the Federal High Court.

    The Supreme Court in the judgement delivered by Justice Emmanuel Agim, but prepared by Justice Garba Lawal, held that the Court of Appeal was wrong to rule that Kanu could not be tried again based on the illegality perpetrated against him by the Federal Government, following the invasion of his home.

    Also, the Court held that although the Nigerian Government was reckless and unlawfully rendered Kanu from Kenya, such unlawful act has not divested any Court from proceeding with trial.

    Justice Lawal said that no Nigerian law was cited in the suit seeking Kanu’s release on the grounds of unlawful abduction from Kenya.

     

     

  • 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.

  • BREAKING: NJC recommends appointment of 11 Supreme Court Justices, others [FULL LIST]

    BREAKING: NJC recommends appointment of 11 Supreme Court Justices, others [FULL LIST]

    The National Judicial Council (NJC) has recommended the appointment of 11 Supreme Court Justices, one Justice of Court of Appeal, 6 Heads of Courts and 26 other Judicial Officers.

    TheNewsGuru.com (TNG) reports the NJC at its 104 Meeting of 6 December 2023 considered the list of candidates presented by its Interview Committee.

    At the end of deliberations, the under-listed names of successful candidates as Heads of Courts and other Judicial Officers for the Federal and State Courts in Nigeria were recommended.

    They are as follows:

    ELEVEN JUSTICES, SUPREME COURT OF NIGERIA

    1. Hon. Justice Jummai Hannatu Sankey, OFR
    2. Hon. Justice Chidiebere Nwaoma Uwa
    3. Hon. Justice Chioma Egondu Nwosu-Iheme
    4. Hon. Justice Haruna Simon Tsammani
    5. Hon. Justice Moore Aseimo A. Adumein
    6. Hon. Justice Obande Festus Ogbuinya
    7. Hon. Justice Stephen Jonah Adah
    8. Hon. Justice Habeeb Adewale O. Abiru
    9. Hon. Justice Jamilu Yammama Tukur
    10. Hon. Justice Abubakar Sadiq Umar
    11. Hon. Justice Mohammed Baba Idris

    ONE JUSTICE, COURT OF APPEAL

    1. Hon. Justice Mohammed Ahmed Ramat

    CHIEF JUDGE TARABA STATE

    1. Hon. Justice Joel Filibus Agya

    CHIEF JUDGE, KEBBI STATE

    1. Hon. Justice Umar Abubakar

    GRAND KADI, SHARIA COURT OF APPEAL, KEBBI STATE

    1. Hon. Kadi Sadiq Usman Mukhtar

    PRESIDENT, CUSTOMARY COURT OF APPEAL, OGUN STATE

    1. Hon. Justice A. O. Femi-Segun

    PRESIDENT, CUSTOMARY COURT OF APPEAL, TARABA STATE

    1. Hon. Justice Alfred Yakubu

    PRESIDENT, CUSTOMARY COURT OF APPEAL, OYO STATE

    1. Hon. Justice Tajudeen M. Abdulganiyu

    ONE HIGH COURT JUDGE, BAYELSA STATE

    1. Amaebi Ibomo Orukari

    ONE HIGH COURT JUDGE, OGUN STATE

    1. Akinyemi Martins Ayodele

    THREE HIGH COURT JUDGES, CROSS RIVER STATE

    1. Ama Edet Ekpo
    2. Theresa Ansa Agom
    3. Jalarth Ogar Agim

    THREE KADIS, SHARIA COURT OF APPEAL, ZAMFARA STATE

    1. Aminu Abdullahi Gusau
    2. Usman Hassan Gummi
    3. Hadi Sani

    TWO KADIS, SHARIA COURT OF APPEAL, NASARAWA STATE

    1. Abubakar Ahmad Tijjani
    2. Aliyu Ibrahim Ebbema

    NINE HIGH COURT JUDGES, KANO STATE;

    1. Fatima Adamu
    2. Hauwa Lawal Umar
    3. Musa Ahmad
    4. Musa Daihuru Mohammed
    5. Farida Rabiu Danbappa
    6. Halima Aliyu Nasir
    7. Aisha Mahmoud
    8. Adam Abdullahi
    9. Hanif Sanusi Yusuf

    ONE JUDGE, CUSTOMARY COURT OF APPEAL, BAYELSA STATE

    1. Opokuma David Lawrence

    FOUR HIGH COURT JUDGES, NASARAWA STATE

    1. Esther Mami Ejeh
    2. Ibrahim Dauda Shekarau
    3. Musa Muhammad Dallah
    4. Makama Tanze Benjamin

    TWO JUDGES, CUSTOMARY COURT OF APPEAL, OGUN STATE

    1. Awoyomi Bolanle Adenike
    2. Lawal Adeniyi Olusanya

    According to a statement by Soji Oye, Esq, Director, Information, “All recommended candidates to the Supreme Court Bench would be sworn-in after the approval of their recommendation by President Bola Ahmed Tinubu, GCFR, and the subsequent confirmation of their appointment by the Senate.

    “The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly”.

  • Supreme Court slams Ozekhome N40m fine over Imo governorship tussle

    Supreme Court slams Ozekhome N40m fine over Imo governorship tussle

    The Supreme Court on Tuesday imposed a fine of N40M on human rights activists and Constitutional lawyer, Chief Mike Ozekhome for filing frivolous motion before the court in respect of Imo Governorship tussle decided since 2019.

    In a ruling by Justice Tijani Abubakar, he ordered the Senior lawyer to personally pay the N40M fine to the four respondents he dragged before the court.

    Abubakar held in the ruling that the request was strange, frivolous, baseless, unwarranted, vexatious and irritating.

    He further held that the motion was a calculated design to demonize the Supreme Court.

    Ozekhome, a Senior Advocate of Nigeria SAN called to the Nigerian Bar over 42 years ago was fined the huge amount for bringing a motion before the Apex Court seeking to revalidate the suit that removed Emeka Ihedioha as Governor of Imo State in 2019.

    Those to be paid are the Action People’s Party, APP, Uche Nnadi, Uche Nwosu and the Independent National Electoral Commission INEC.

    In the motion considered to be frivolous by the court, Ozekhome had asked the Court for a consequential order to compel INEC to issue a fresh Certificate of Return to Ihedioha to enable him spend a four year tenure as Imo Governor.

    His grouse was that the incumbent governor, Senator Hope Uzodinma unlawfully spent the four years which Ihedioha ought to spend.

    Among others, Ozekhome in the motion claimed that the All Progressives Congress APC had no candidate in the 2019 Imo Governorship election, hence, Uzodinmma ought not to have been made governor on the platform of APC.

    However, the apex court dismissed the motion on the ground that it has no jurisdiction to entertain such a motion.

  • 2023 Election: Again, opposition drags President Tinubu to Supreme Court

    2023 Election: Again, opposition drags President Tinubu to Supreme Court

    For the second time during his six month old administration, President Bola Ahmed Tinubu has been dragged before the Supreme Court for allegedly unlawfully presenting himself for inauguration as President, despite a pending legal action against the conduct of the 2023 presidential poll.

    Owuru, a presidential candidate of the Hope Democratic Party (HDP) in the 2019 general election, wants the Apex Court to nullify the inauguration of Tinubu as the winner of the 2023 presidential election, Citing the doctrine of Lis Pendens

    Owuru, a constitutional lawyer, is contending that the presidential election that produced Tinubu was an exercise in futility and illegal self-help, given his yet-to-be-determined suit against Tinubu and others at the Supreme Court.

    The pending Supreme Court suit with No. SC/667/2023 has Chief A.A. Owuru and Hope Democratic Party as Appellants while Respondents are former President Muhammadu Buhari, AGF, INEC, and Asiwaju Bola Ahmed Tinubu.

    Owuru  argues that Tinubu’s declaration as President by INEC is an affront to the Supreme Court and the established law by reason of lis pendens, adding that since Tinubu is a party in the pending suit before the Apex Court, he ought not to have presented himself for inauguration in respect of any presidential poll.

    Owuru contested the 2019 presidential election on the platform of Hope Democratic Party (HDP) against former President Muhammadu Buhari and claimed to be adjudged winner of the poll against the declaration of Buhari by the Independent National Electoral Commission (INEC).

    His suit seeking an order of Court to declare him as the adjudged and constitutional winner of the 2019 election and currently pending before the Supreme Court was on May 18 this year, voluntarily joined by Tinubu as an interested party.

    In a fresh motion on notice served on Tinubu through the Chambers of Chief Wole Olanipekun SAN, the ex-presidential candidate is also praying to the Supreme Court for an order restraining the respondents and particularly Asiwaju Bola Ahmed Tinubu from further operating the Federation Account pending the determination and resolution of the constitutional questions again the 2023 election.

    In a statement he issued in Abuja alongside a civil group, Hope Africa Foundation in respect of the suit, Owuru contended that since Tinubu had become aware of the suit and had voluntarily joined as an interested party after fierce arguments of his lawyers, he had breached the doctrine of liz pendis and his purported inauguration liable to dismissal.

    The statement signed by Anwal Ibrahim, the National Coordinator of Africa Hope Foundation read in part “We want to place on record that Tinubu’s claim to the office of the President is affected by reason of his being Lis Pendens.

    “This is so because having joined the pending suit on the subject of mandate usurpation by Buhari, nothing ought to have been done until the final resolutions of disputed issues.

    “There is no doubt that the present act of self-help and claim to occupy the office of the president by any of the parties in this action is an act of self-help and violates the law and the doctrine of Lis Pendens which is to the effect that nothing should be done by parties to change or affect the subject matter before the court so as not to prejudice the existing adjudged acquired constitutional rights and mandate of Chief Owuru as the adjudged constitutional winner of the 2019 presidential election.

    “It is on record that Asiwaju Bola Ahmed Tinubu in recognition of the doctrine of Lis Pendens and the existing suits on the issue of usurpation of mandate between Owuru and Buhari, joined the ongoing proceedings then in Court of Appeal on the 18th of May 2023 before his purported inauguration over the 2023 presidential electoral debacle.

    ” He is bound to await the outcome of the proceedings in the already existing issue of usurpation of constitutional mandate and entitlement to serve out the same by Owuru.

    “The implication of this, by law is that the 2023 presidential election and its outcome which Tinubu was aware of before joining the suit, is subsumed and dependent on the outcome of the existing legal proceedings on the subject of the already adjudged and yet to be served constitutional mandate of Owuru to serve out the term of office of the President of Nigeria as required by law.

    “Our laws in this regard concerning the doctrine of Lis pendens has been well affirmed by the Supreme Court in the case of Peter Obi vs Ngige (Supra) as parties are to maintain and strictly observe the fact of the existence of pending suits and efficacy and potency of undermining the court’s jurisdiction and engaging in act of self-help and a brazen usurpation of candidate, parties mandate, subject matter in the pending case.

    “There is no doubt that this act of the present All Progressives Congress (APC) led central government in practical terms are clear acts of usurpation.

    “As law-abiding citizens, we urge that Nigerians exercise patience in the due and early resolution of these outstanding issues to know who truly is the authentic Nigerian President.

     

  • Conflicting judgements will increase voter apathy in Nigeria – PDP

    Conflicting judgements will increase voter apathy in Nigeria – PDP

    The Peoples Democratic Party (PDP) says that the conflicting judgments of the Court of Appeal on elections in some states will increase voter apathy in Nigeria.

    Mr Chris Hassan, PDP Chairman in Plateau said this in an interview with the NAN on Sunday in Jos.

    Hassan was reacting to the recent judgments of the appeal court that nullified the election of Gov. Caleb Mutfwang and some members of the State and National Assembly from Plateau.

    Recall that the appellate court cited lack of valid structure in the PDP as grounds for its judgments.

    But Hassan faulted the judgments and described them as a ”miscarriage of justice”, insisting that the judges relied on technicalities rather than facts.

    He said that the contradictory judgments would reduce the participation of most Nigerians in the electoral process.

    ”Everybody knows that some of the recent judgments of the appeal court on elections were not base on facts but technicalities; the case of Plateau, Kano, Nasarawa state, among others are clear examples.

    ”What this implies is that the judiciary is not only destroying our democracy, but these judgments will increase voter apathy in future.

    ”In the case of Plateau for instance, Gov. Caleb Mutfwang overwhelmingly won his election with 525,299 votes to defeat Dr Nentawe Yilwatda of the All Progressives Congress (APC), who polled 481,370 votes.

    ”This simply means that majority of Plateau people actually want Mutfwang as their governor.

    ”So, if our judiciary continue like the it is going, most Nigerians will not be motivated to participate in future elections because they know that their votes will not count.,” he said

    The chairman also faulted the claim of the appellate court that PDP lacks valid structure, insisting that his party had complied with the directive of the state High Court in Jos.

    He described PDP as an organised party from inception, adding that it promote internal democracy and abide by the rule of law.

    ”Since the inception of the PDP, it is one party that is well structured.

    ”From the manifesto, constitution, philosophy of the party, you will know that there’s no political party in Nigeria that is as organised as the PDP.

    ”This is why the party is grounded in all the 774 Local Government Areas (LGAs) in Nigeria,” he said.

    Hassan called on the Supreme Court to critically look into the appeal court judgment on Plateau governorship election with a view of reversing it.

    He also appealed to the National Judicial Council (NJC) to review the judgments that sacked some members of the state and national assembly from Plateau, adding that such move would redeem the sinking image of the judiciary.

    The chairman, who decried the existence of weak institutions in Nigeria, called on the Federal Government to strengthen its democratic institutions toward a stronger and sustainable democracy.

    ”A country is respected because of its democratic institutions. Nobody will want to invest in a country where its democratic institutions are weak.

    ”Look at democracy in Liberia, a sitting president was defeated and he honourably handed over power to the winner.

    ”But in Nigeria we want to take power through forceful means. We do that using the institutions that ought to defend the will of the people,” he said.