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Tag: Supreme Court

  • Ekiti poll: Fayemi reacts to Eleka’s decision to approach Supreme Court

    Ekiti poll: Fayemi reacts to Eleka’s decision to approach Supreme Court

    Governor Kayode Fayemi of Ekiti State on Friday declared that he never regarded the defeated governorship candidate of the Peoples Democratic party, Prof. Kolapo Olusola-Eleka as an enemy.

    Rather, he said the major opposition party was free to challenge his victory at any stage of the court, and make useful suggestions for smooth running of his government.

    Fayemi, however, said Eleka and the PDP were free to challenge his victory at the Supreme Court, in spite of his readiness to entertain contributions from the main opposition party.

    The governor spoke in Ado Ekiti on Friday at a programme tagged “Meet Your Governor”.

    Fayemi stated that he had never perceived Eleka as an arch enemy in spite of the petition he filed against his victory in the July 14, 2018 poll.

    “I have never seen Prof Olusola Eleka as an enemy, but I have been seeing him as a co- contestant, so we won’t shy from approaching him to seek his advice on any issue we feel he could be of help for smooth running of our government.

    ”But this should not be misinterpreted to mean that we are trying to prevent him from seeking justice up to the supreme court; he is free to challenge us.

    “The Appeal Court, on Thursday delivered its judgment, declaring that PDP has no evidence of rigging against us, so we are not afraid of being challenged.”

    On the just concluded presidential, National and state assembly elections, which APC won wholesomely in the state, Fayemi denied the allegation that federal might and money were deployed to muzzle the opposition in the polls

    ”If you look at the outcome of the results, there was no local government where opposition did not score at least 30 percent in all the 16 local government areas

    “So, the conduct had been adjudged free, fair and the outcome was credible going by what INEC said,” he said.

    The governor added that his government would promote technical education to counter the rising unemployment in the state.

    ”We feel that skill acquisition is good in view of what we are experiencing in the labour market

    ”We must be able to convert our love in education to wealth and that is what we are out to do.

    ”We are also creating knowledge zone to make Ekiti a destination when it comes to knowledge and skills. About 117kms of roads will be constructed to link all the towns within that zone together.

    “They call it knowledge Park in advanced nations and we are studying how we can pattern our own model after any of the countries that are already practising the policy.”

    Fayemi added that he was committed to the re-establishment of the abolished Local Council Development Areas, the policy he initiated during his first term.

    He said the government would soon conduct council elections in the state to bring development to the grassroots.

  • JUST IN: S’Court frees PDP, Oyinlola’s lawyer, Kalejaiye, disbarred for misconduct

    The Supreme Court has set aside the May 21, 2015 decision of the Legal Practitioners Disciplinary Committee (LPDC) which disbarred Senior Advocate of Nigeria (SAN), Kule Kalejaye for engaging in professional misconduct.

    Kalejaye, who was once a lawyer to the Peole’s Democratic Party (PDP) and then Governor of Osun State, Olagunsoye Oyinlola, was found by the LPDC to have engaged in an ex-parte confidential communication with the Chairman of the 2008 Osun Governorship Tribunal, Justice Thomas Naron, a decision he appealed.

    In a unanimous judgment on Friday, a five-man panel of the Supreme Court upheld Kalejaye’s appeal on the grounds that the trial procedure at the LDPC was flawed. Justice Centus Nweze read the lead judgment.

    Details later.

  • Rivers APC crisis: Abe to approach Supreme Court

    The Senator representing Rivers South-East Senatorial District in the National Assembly, Magnus Ngei Abe has said he and ors will approach the Supreme Court for proper interpretation of the merits of a suit which he brought before the Court of Appeal seeking a declaration that he and 42 others be affirmed as authentic candidates of the party but was struck out by the Appeal Court sitting in Port Harcourt.

    This is as he urged party members to mobilize and vote for President Muhammadu Buhari in this weekend’s presidential election.

    Speaking with newsmen in Port Harcourt on Thursday he said there was need to ensure that justice and equity prevail for party members who participated in a lawful process but were wrongfully excluded from the polls.

    Abe said that everyone knew that the indirect primaries were conducted in violation of existing Court Orders and would not stand; the state chapter of the party reminded the national of this fact in their request for direct primaries.

    “The direct primary was the only lawful exercise conducted by the APC in Rivers State,” he stated

    Senator Abe had approached the Court of Appeal to review the Federal High Court Judgment delivered in January this year which refused to accept the direct primary elections conducted by the State Executive Council (SEC) citing National Working Committee’s (NWC) non participation in the exercise.

    He said, “We had approached the Court of Appeal to help us breakdown the logjam arising out of the current situation in the APC here in Rivers State.

    “Surprisingly, they refused to go into the merits of the case holding that the case is covered by the decision of the Supreme Court in respect of the earlier case against the conduct of the indirect primaries.

    “We believe that is not the sum of the judgment of the Supreme Court so, in consultation with our legal team, we have asked them to approach the Supreme Court for a final resolution of the matter”, he added.

    The senator reiterate the need for Rivers people especially and Nigerians to conduct themselves in a peaceful manner during and after the 2019 general election even as he backed President Muhammadu Buhari’s directive to the military to deal decisively with any miscreants attempting to disrupt the elections.

    He further said that the Rivers experience with violence in an election makes it easy for Rivers people to understand the need for the presidential directive which was clearly nonpartisan and intended to guarantee a peaceful, free and fair elections for all Nigerians.

     

  • Supreme Court: APC can’t present candidates in Rivers for elections

    Supreme Court: APC can’t present candidates in Rivers for elections

    The Supreme Court on Friday finally out paid to the hopes of the All Progressives Congress to present candidates for the upcoming general elections in Rivers State.

    The hope of the party had risen last week when the Court of Appeal gave it a reprieve that the Independent National Electoral Commission could go ahead and list its candidates for the elections scheduled for February 16 and March 2, 2019.

    However on Friday, the Supreme Court backed the ruling of the High Court of Rivers State that the party cannot present candidates for the election.

    The ruling of the lower court was based on the disobedience by the two factions of the party in the state not to conduct primaries except otherwise directed.

  • Onnoghen: Count us out of suit filed by Senate at Supreme Court – APC Senators

    The All Progressives Congress, APC caucus in the Senate on Monday said they were not part of the suit filed by the Senate at the Supreme Court, seeking the interpretation of the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.

    Senate Leader, Ahmed Lawan revealed the position of the APC Senators in a statement.

    According to Lawan, the APC caucus in the Senate were not aware of the said suit and would not be part of it, saying that the senate never met to take such a resolution and at no time mandated anyone to approach the Supreme Court.

    In his words: “It has come to the notice of the Senate APC caucus that the Senate has approached the Supreme Court for the interpretation of the suspension of Justice Walter Onnoghen by the President and Commander in Chief of the Armed Forces.

    “For the records, the Senate never met to take such resolution and at no time mandated anyone to approach the Supreme Court on this matter on its behalf.

    “Consequently, the Senate APC caucus dissociates itself from the said request for the legal interpretation of the suspension.”

  • Supreme Court orders Ekiti to relocate LG’s headquarters

    Supreme Court orders Ekiti to relocate LG’s headquarters

    The Supreme Court on Friday ended the 19-year legal dispute over the right location of the headquarters of Ilejemeje Local Government Area of Ekiti State.

    Resting the case in its judgment, a five-man bench of the apex court unanimously ordered the Ekiti State Government to immediately restore the headquarters of the local government to Eda-Oniyo from where it was relocated to Iye-Ekiti shortly after the state was created on October 1, 1996.

    The case started in the High Court of Ekiti State with the suit filed in 1999 by the traditional ruler of Eda-Oniyo, Oba Julius Awolola, the Eleda of Eda-Oniyo, to challenge the sudden relocation of the headquarters of Ilejemeje local government from his town, as established by the state’s law, to Iye-Ekiti.

    The Justice Olabode Rhodes-Vivour-led bench of the apex court, on Friday, held that the establishment of the headquarters of the Local Government in Eda-Oniyo was backed by statute and could not be relocated elsewhere without the promulgation of a new law.

    Justice Paul Galinje, who read the lead judgment of the apex court’s panel, held that the act of the Ekiti State Government, relocating the headquarters of the local government from Eda-Oniyo to Iye-Ekiti “has no legal basis”.

    “The location of the headquarters of Ilejemeje Local Government in Eda-Oniyo is a product of statute and no law has been promulgated to relocate it to any other place,” he ruled.

    Justice Galinje upheld the earlier judgment of the Ekiti State High Court which had in 2001 affirmed that Eda-Oniyo was the lawful location of the Ilejemeje Local Government Area’s headquarters.

    The apex court set aside the March 6, 2006 judgment of the Ilorin Division of the Court of Appeal which had ruled otherwise.

    Oba Awolola had instituted the appeal in 2008 to challenge the judgment of the Court of Appeal which had ruled in favour of the respondents.

    The respondents to the appeal are the Governor of Ekiti State, the Attorney-General of the state and the Chairman of the Ilejemeje Lcoal Government Area of the state.

    It will be recalled that the Federal Military Government had October 1, 1996, created among others, Ekiti State with Ilejemeje Local Government Area as one of its 16 local government areas.

    The headquarters of the Ilejemeje Local Government Area was located in Eda-Oniyo with the backing of the States Creation (Transitional Provisions) Decree No. 36 of 1996 .

    But three months later, by a radio announcement, the Ekiti State Government notified the public of the relocation of the local government from Eda-Oniyo to Iye-Ekiti.

    Oba Awolola was said to have on behalf of the people of Eda-Oniyo protested to the office of the Head of State which informed him that it did not authorise the movement of the local government to Iye-Ekiti and continued to recognise Eda-Oniyo as the headquarters of Ilejemeje local government.

    But the protests were said to have failed to produce the desired result, following which the traditional ruler, representing the people of Eda-Oniyo, filed an action in the High Court of Ekiti State in 1999 against the Governor of the state, the Attorney-General and the Chairman of Ilejemeje Local Government Area.

    He sought, among others, declaratory orders that by virtue of the State Creation ( Transitional Provisions) Decree No. 72 Vol. 83 of 1996, and the Local Government (Basic Constitutional Provisions) Decree of 1997 and 1998, the headquarters of Ilejemeje Local Government area was Eda-Oniyo.

    He also sought a declaration that the relocation of the headquarters for Eda-Oniyo to Iye-Ekiti as illegal, null and void.

    He also sought an order restraining the defendants from recognising Iye-Ekiti as the headquarters of Ilejemeje Local Government Area and a perpetual injunction restraining them from carrying out the administration of the Local Government Area from any other town apart from Eda-Oniyo.

    The High Court ruled in 2001 in favour of Oba Awolola, but the Ekiti State Government had appealed against the judgment and won at the Court of Appeal.

    To challenge the decision of the Court of Appeal, Oba Awolola, through his lawyer, Mr. Oluwadamilare Awokoya, filed the appeal marked SC.194/2008 before the Supreme Court.

    In its judgment on Friday, the Supreme Court on Friday set aside the Court of Appeal’s judgment and affirmed that of the High Court.

    Agreeing with Oba Awolola’s lawyer, the apex court ruled that non-filing of the suit at the High Court within three months when the dispute arose in 1996 as stipulated in the Public Officers Protection Law of Ekiti State did not render the suit incompetent.

    While the dispute over the location of the headquarters of the Ilejemeje Local Government Area started in 1996, the plaintiff who was exploring other means of settlement did not go to court to challenge the decision of the Ekiti State Government until 1999.

  • EFCC approaches S’Court to affirm interim forfeiture of Patience Jonathan’s $8.4m

    EFCC approaches S’Court to affirm interim forfeiture of Patience Jonathan’s $8.4m

    The Economic and Financial Crimes Commission (EFCC) on Wednesday urged the Supreme Court to affirm an order of interim forfeiture made by the Lagos Division of the Federal High Court in respect of the sum of $8.4m linked to the wife of former President Goodluck Jonathan, Mrs Patience Jonathan.

    Patience, through his lawyers, led by Mr Ifedayo Adedipe (SAN), argued her appeal before the apex court on Wednesday to challenge the order of interim forfeiture.

    She, also challenged the constitutionality of section 17 of the Advanced Fee Fraud Act and other Fraud related offences Act, which was relied on by the Federal High Court t to issue the order of interim forfeiture.

    Responding, EFCC’s lawyer, Mr. Rotimi Oyedepo, urged the apex court not only to dismiss the appeal but to also uphold the constitutionality of section 17 of AFFA.

    The Justice Dattijo Muhammad-led the five-man panel of the Supreme Court which heard the appeal on Wednesday, fixed March 8 to deliver its judgment.

    Other members of the apex court’s panel are Justices Kumai Akaahs, John Okoro, Ejembi Eko and Sidi Bage.

    The EFCC had earlier in the year approached the Federal High Court in Lagos with an ex parte application seeking the forfeiture of the sum of $8,435,788.84 and other various sums in various bank accounts linked to the wife of the former President.

    The anti-graft agency, in its application anchored on section 17 of AFFA, had urged the court to grant an order of interim forfeiture of the funds which they said were suspected proceeds of unlawful activities.

    Patience Jonathan and others including some organisations were joined in the said ex parte application as respondents.

    Justice Mojisola Olatoregun of the Federal High Court in Lagos had on April 20, 2018 granted the ex parte order.

    She also ordered the EFCC to publish the court’s order in any major national newspaper to enable the respondents or anyone interested in the funds to appear before the court to show cause within 14 days why the final order of forfeiture of the said funds should not be made in favour of the Federal Government of Nigeria.

    Patience had, however, filed an appeal before the Court of Appeal to challenge the competence of the ex parte application filed by the EFCC to request the order of interim forfeiture, the validity of the order made by the trial court and the constitutionality of section 17 of AFFA.

    The Court of Appeal had dismissed her appeal prompting her to approach the Supreme Court to rule in her favour.

    Arguing her appeal on Wednesday, her lead counsel, Adedipe, urged the Supreme Court to quash section 17 of AFFA which he contended negated the principles of fair hearing and presumption of innocence prescribed in the constitution.

    He also said the ex parte application which the trial court granted failed to disclose the alleged “unlawful activities,” the funds were linked to.

    Chief Mike Ozekhome (SAN) was present at the Wednesday’s proceedings to argue the appeal against the other forfeiture of the other funds but the cases were listed for hearing.

  • Breaking: Buhari appoints Musa Abaji as new Supreme Court Justice

    President Muhammadu Buhari has appointed Justice Musa Abaji as a new Justice of the Supreme Court of Nigeria.

    TheNewsGuru (TNG) reports Senate President Bukola Saraki made this known while reading letters from President Buhari during plenary session on Wednesday.

    In one of the letters, Buhari said the appointment of Justice Abaji was according to the advice of the National Judicial Council.

    “In line with 1999 constitution upon the advice of the National Judicial Council, I hereby refer for confirmation the appointment of Justice Musa Abaji as the Justice of the Supreme Court of Nigeria.

    “While hoping that this is expeditiously considered by the Senate, accept the assurances of my highest regard,” the letter read.

     

  • Abe hails Supreme Court judgement nullifying Rivers APC congresses

    Governorship candidate of the All Progressives Congress (APC) in Rivers State, Senator Magnus Abe has hailed the judgment of the Supreme Court which nullified the congresses of the party held on the 19, 20 and 21.
    This is as Abe dismissed reports that he dumped the APC for the PDP as false, saying he will remain in the party and fight for justice.
    Abe who spoke at a media briefing in Port Harcourt said it was some paid blogger who took it upon himself to flash it as breaking news without a credible source.
    Abe said he joined the APC because he bought into the vision of the founding fathers that this will be a political gathering of people who will do the right things and trying to do things better.
    The governorship hopeful said, “So I came here determined to live out that philosophy and I will continue to do so. I am in the APC and I believe that this is a vehicle designed for change in Nigeria”.
    “No matter the challenges that may be on the way, I still believe that the integrity of the President which he has put forward as the main banner for our gathering in this party remains a signpost for what we must do in the APC”.
    “So, I will stay in the APC and I will fight for justice because that is what this party is founded on,” Senator Abe explained.
    On the Supreme Court Judgment which voided the congresses of the APC, he said going against a subsisting court order was clear senselessness.
    “I am sure that you have all heard of the historic decision of the Supreme Court of the Federal Republic of Nigeria which affirmed the position of the High Court of Rivers State that the action of the party excluding members of this party from the process and depriving them of the constitutional right was wrong; and to do so in the face of a clear order of a court of competent jurisdiction is nothing but senselessness”.
    “And so for anybody to continue to parade themselves either as a candidate of the APC arising from a process that has clearly been voided by the Court is nothing but political rascality of the highest order”.
    “And I think it is time for right thinking members and leaders of this party to put this whole thing to an end and put the party in a frame to begin our hard-work towards the realization of our dream of taking over Rivers State”.
    “Luckily the party conducted proper primaries here in Rivers State in the form of the direct primaries. And I believe that the proper thing to do is to do the right thing since the other primary was done in clear violation of an existing order of a Court of Competent Jurisdiction”.
     

  • Supreme Court reinstates injunction order against Rivers APC congresses

    The Supreme Court on Monday set aside the ruling of the Court of Appeal, Port Harcourt Division, which vacated a stay order made by a Rivers High Court against the conduct of All Progressives Congress congresses in the state.
     
    Delivering the ruling on the interlocutory appeal, Justice Centus Nweze held that the decision of the Court of Appeal was in error.
     
    Nweze said the lower court was compelled to be guided by the judgments of the apex court, adding that the panel had to follow the law before arriving on its decision.
     
    “This court is the highest and final court of decision in Nigeria. All other courts must abide by decisions from here. Failure to do this amounts to gross misconduct by judges.
     
    “I hereby make an order setting aside the ruling of the Court of Appeal in Port Harcourt which vacated the stay order made by a State High Court in this matter,’’ he said.
     
    The judge held that the respondent (APC) was in contempt when some of its members invaded the court and disrupted the peace of the court during proceedings.
     
    According to him, it is against known procedure of court for such a party to approach an appellate court to be granted any prayers in a matter for which it is in contempt.
     
    “The action and attitudes displayed by members and agents of the respondent are complete affront on the judiciary and would not be condoned,’’ he said.
     
    The News Agency of Nigeria reports that Ibrahim Umar and 12 other members of the APC had approached the apex court challenging the decision of the Court of Appeal in Port Harcourt.
     
    The appellants had initially instituted a case in the Rivers State High Court challenging their exclusion from the party congresses.
     
    They prayed the court for a stay in the conduct of the congresses pending the determination of the substantive suit.
     
    Aggrieved by the action, a faction of the APC approached the appellate court where the stay order was set aside, thereby giving the party the freeway to conduct the congresses.
     
    Meanwhile, Justice Chinwendu Nworgu, on October 11 had delivered judgment on the substantive suit, where the court voided the list of candidates and sacked the state APC executive.
     
    Nwogu said actions taken by the APC during the pendency of the suit had been set aside because they were illegal and unconstitutional.
     
    The judge held that all those who purchased nomination forms for the ward congresses were entitled to contest the ward congresses of May 19, but were unjustly excluded by the party.
     
    Nworgu also set aside all the primaries of the Rivers APC, including the indirect election that produced Mr. Tonye Cole, as the governorship candidate.
     
    NAN recalls that the suit allegedly stemmed from the crisis between the Minister of Transportation, Rotimi Amaechi; and Senator Magnus Abe, an acclaimed governorship candidate of the party over the leadership of the party.