TheNewsGuru

Tag: Supreme Court

  • Supreme Court bans Jehovah’s Witnesses, describes it as extremist organization

    Supreme Court bans Jehovah’s Witnesses, describes it as extremist organization

    The Supreme Court in Russia has banned activities of Jehovah’s Witnesses in the country.

    The court made the decision after describing the group as an extremist organization.

    Four former members of the Jehovah’s Witnesses had told a Russia’s Supreme Court how they were brainwashed by the church against receiving higher education or starting a family.

    A wtiness, Natalia Koretskaya from St. Petersburg had told the court she had been a member of that organisation from 1995 to 2009 and had realised over this period that the organisation’s members “were living under full and total control of the [Jehovah’s Witnesses] Administrative Centre.”

    “The heads of the Jehovah’s Witnesses formally watch canonical compliance with the norms but in real fact the talk is about total control of an individual’s personal life – his intimate life, education and work,” Koretskaya told the court.

    Koretskaya said she had been expelled from the religious organisation and its members had been banned to communicate with her after she started close but officially unregistered relationship with a man.

    “Therefore, a person turns out to be expelled into the outer world, in which he has already forgotten how to live over the years of his stay in the organisation,” Koretskaya added.

    Justice Yury Ivanenko in his verdict on Thursday, said Russia had decided to close down “the administrative centre of Jehovah’s Witnesses and the local organisations in its fold and turn their property over to the Russian Federation.”

  • Supreme Court sacks PDP’s Ezeonwuka as Reps member

    Supreme Court sacks PDP’s Ezeonwuka as Reps member

    The Supreme Court on Friday sacked Sopuluchukwu Ezeonwuka of the Peoples Democratic Party, PDP, representing Orumba North/South, Anambra Federal Constituency in the House of Representatives.

    Justice Kudirat Kekere-Ekun gave the judgment in an appeal filed against Ezeonwuka’s election by a member of the party, Chief Ben Nwanwko in Abuja on Friday.

    Nwankwo’s name was wrongly substituted with the first respondent (Ezeonwuka) after he had obtained the nomination of the party to contest the National Assembly election.

    Delivering her judgement, Justice Kekere-Ekun said: “Conclusion: having resolved the key issues in favour of the appellant, the appeal succeeds and it is hereby allowed.

    “The judgment of the Court of Appeal delivered on June 26, 2016 is hereby set aside for being a nullity having exceeded its jurisdiction by granting relief not sought by the parties before it.

    “This follows that the judgment of the Federal High Court, Abuja, delivered on February 20, 2015 was delivered without jurisdiction and it’s a nullity. It is equally set aside.”

    “The Originating Summons filed on Dececember 15, 2014 in FHC/Abj/CS/1013/2014 is hereby struck out’’, she said.

    Justice Kekere-Ekun further held that: “the consequence of the above order is that the parties shall revert to the status quo ante.

    “The existing position before the first respondent (Ezeonwuka) filed a suit at the trial court was that not only was the appellant’s name submitted to INEC for the March 28, 2015 election, he won the election.

    “It was at the point of being issued the Certificate of Return that he was confronted by a letter conveying the order of the trial court stopping that action.

    “In the circumstances, it is herby ordered that the appellant, Chief Ben Nwankwo, being the candidate duly sponsored by the PDP in that election is entitled to be issued with the certificate of return.

    “The second respondent (INEC) is hereby ordered to issue Chief Nwankwo a certificate of return in respect of the National Assembly election held March 28, 2015 forthwith’’, she said.

    The judge further said: “the first respondent (Ezeonwuka) is hereby ordered to vacate the seat of the Orumba North/South Federal Constituency of Anambra State in the National Assembly forthwith’’.

    “It is further ordered that Ezeonwuka shall refund to the National Assembly all monies collected by him by way of salaries and allowances since he took the seat within 90 days.

    “And finally, a fine of N500, 000 is awarded in favour of the appellant against the first respondent’’.

     

  • Vacate party secretariat until S’Court judgement, Makarfi warns Sheriff

    The Senator Ahmed Makarfi’s faction of the Peoples Democratic Party, PDP, on Monday warned the Appeal Court reinstated National Chairman of the party, Senator Ali Modu-Sheriff to vacate the party’s National Secretariat pending the judgement of the Supreme Court.

    TheNewsGuru.com reports that sequel to a Port Harcourt Appeal Court ruling affirming Sheriff as the Chairman of the party, the former Borno State governor was granted entry to the Wadata plaza in Abuja. party secretariat which has been said he would take over the party’s Secretariat this week.

    TheNewsGuru.com recalls that the party’s secretariat had been under lock and key since May, 2016 after its National Convention held in Port Harcourt, Rivers State.

    However, spokesperson of the Makarfi’s faction, Prince Dayo Adeyeye in a statement on the party’s twitter handle warned that failure of Sheriff to quit the complex will lead to break down of law and order.

    The statement titled, “LET SHERIFF WAIT FOR THE SUPREME COURT JUDGEMENT,” reads in part: “We wish to remind the public that the recent Court of Appeal Judgment was based on the Appeal filled by Senator Sheriff and Co. against the Judgment of Justice Liman J of the FHC in Port Harcourt that upheld the legality and constitutionality of the May 21st 2016 National Convention that took place in Port Harcourt, Rivers State and the Decisions arising therefrom.

    “Because Senator Sheriff claimed that he has appealed against that Judgment, the law enforcement agencies denied the National Caretaker Committee and the employees assess into the National Secretariat.

    “Now that the Party led by the National caretaker Committee has filled appeal against the recent Judgment, the status quo ante remains until the determination of the Appeal to the Supreme Court.

    “In the light of the above, we are calling on the Police and the general public and lovers of peace and democracy to ask Senator Sheriff & Co. to respect the on-going litigation processes.

    “The Police should ensure that Sheriff and Co. do not occupy the National Secretariat in order to avoid breakdown of law and order. We have noticed that the Police have taken sides in this matter perhaps because of directives

    “It is common knowledge that Senator Sheriff and Co. forcefully broke into the National Secretariat of the Party around 6:00 PM on Friday 24 February, 2017. The Keys of the National Secretariat are with the Board of Trustees.”

  • A’Court Judgement: Makarfi remains chairman until S’Court decides – Fayose

     

    Following the reinstatement by the Appeal Court on Friday of Senator Ali-Modu Sheriff as Chairman of the Peoples Democratic Party, PDP, Chairman of the PDP Governors Forum and Ekiti State Governor, Ayodele Fayose has said he remains loyal to the Ahmed Makarfi Caretaker Committee until the Supreme Court states otherwise.

    Fayose said this in a statement released in Ado-Ekiti on Saturday.

    According to the governor, the Makarfi faction had already appealed the Appeal Court’s ruling, adding that “when we got the judgement at the lower court, affirming the Caretaker Committee, Sheriff was still parading himself as the chairman.”

    Fayose also spoke about the 2018 governorship elections and the apprehension among some people whether he would lose or win.

    He said: “I’m aware that some people are apprehensive of 2018 but I want to say it here that they should worry not. What I know that will happen tomorrow is that I will get to greater heights.

    “There are three major important factors in elections, the people is number one, followed by the party and the candidate. You can have a party and candidate, if you don’t have the people, you will fail because the power of the people is greater than the power of those of us in power.

    “Here in Ekiti, we have the people. I am saying it here that we are under the leadership of the Ahmed Makarfi led Caretaker Committee.

    “When we got the judgement at the lower court, affirming the Caretaker Committee, Sheriff was still parading himself as the chairman. This time around too, we have appealed the Appeal Court judgement and as such, Makarfi remains our chairman until the Supreme court decides.”

     

  • S’Court fixes May 12 for judgment on Abia governorship tussle

    The Supreme Court will on May 12, deliver judgment in the Abia governorship tussle between incumbent Gov. Okezie Ikpeazu and his contender, Dr Samson Ogah.

    The apex court fixed the date on Wednesday after submissions from parties in the matter.

    TheNewsGuru.com reports that at the hearing of the appeal filed by Ogah, his counsel, Mr Alex Iziyon (SAN), urged the court to set aside the 2016 judgment of the Court of Appeal, which upheld the nomination of Ikpeazu.

    Iziyon argued that Ogah’s case was that Ikpeazu was not qualified to have contested the 2015 Abia governorship election on the platform of the Peoples Democratic Party (PDP).

    He said this was on the grounds that he supplied false information in the document he used to secure clearance for the election.

    Iziyon said that the Court of Appeal erred in law when it delivered its judgment in favour of Ikpeazu on the grounds that Ogah case was based on perjury.

    He insisted that his client never raised any criminal matter against Ikpeazu.

    He said he only claimed that he (Ikpeazu) submitted false information in his form CF001 which by provision of Section 31 of the Electoral Act 2010 made him ineligible to contest.

    The counsel further argued that the Federal High Court which removed Ikpeazu from office found that he had supplied false information in respect of his tax papers.

    He said the trial court discovered that the tax papers were dated Saturday which was not a working day.

    Iziyon urged the court to set aside the decision of the appellate court in respect of the matter and uphold the judgment of the Federal High Court.

    Ikpeazu, in objecting to the appeal, urged the apex court to dismiss it for lacking in merit.

    The governor, through his counsel, Mr Wale Olanipekun, argued that the trial court miscarried justice in its judgment.

    He said this was because the PDP guidelines and its constitution which would have aided the court to arrive at a just conclusion were not before the court.

    Based on this, he submitted that the trial judge based his judgment on extraneous considerations.

    Olanipekun said that the trial court went out of its way when it assumed that Ikpeazu did not pay tax because the tax papers were dated Saturday.

    He also said that it was wrong for the trial court to have crucified his client for perjury for a public servant, whose tax was deducted from source and confirmed by the Abia tax officers in their affidavit evidence.

    Olanipekun maintained that even if there were inconsistencies in the form CF001 of his client, the inconsistencies could not be used to disqualify him.

    This, according to him was because the provisions of Section 31 of the Electoral Act could override the provisions of Section 177 and 182 of the 1999 Constitution which both deal with qualification to stand for election.

    He therefore urged the apex court to uphold the judgment of the Court of Appeal which set aside the judgment of the trial court on account of miscarriage of justice.

    The Independent National Electoral Commission (INEC), represented by Mr Alhassan Umar, also urged the apex court to dismiss the appeal and allow the judgment of the appeal court in the matter to stand.

    The Acting Chief Justice of Nigeria, Justice Samuel Onnoghen after listening to arguments from all parties, fixed May 12 for final judgment in the matter.

    TheNewsGuru.com reports that Ogah who came second in the governorship primary election of the PDP of 2014 had approached the Federal High Court to nullify the nomination and sponsorship of Ikpeazu.

    He based his reasons on the grounds that Ikpeazu supplied false information in order to get his tax papers.

    The trial judge, Justice Okon Abang had in his judgment agreed with Ogah.

    Abang, in a judgment delivered on June 27, 2016, nullified the nomination of the governor and replaced him with Ogah as the qualified PDP candidate for the 2015 governorship election in Abia.

    The appeal court, however, in its judgment , disagreed with Abang on the grounds that the case of Ogah was based on criminal matter which was not proved beyond reasonable doubt as required by law.

     

    NAN

  • FG withdraws corruption charges against S’Court chief registrar, 2 others

    The Federal Government on Tuesday withdrew the corruption charges brought against the Chief Registrar of the Supreme Court, Ahmed Saleh, and two others.

    TheNewsGuru.com reports that Saleh was charged alongside Muhammed Sheriff, the Director of Finance and Rilwanu Lawal, the Chief Accountant of the apex court.

    According to reports, previous attempts to arraign the three defendants in the past were stalled.

    At the resumed session, the Prosecution Counsel, Mrs Hajara Yusuf, informed the court that she was directed by the Attorney General of the Federation to withdraw the matter.

    Yusuf, however, did not advance reasons for the withdrawal.

    “My lord, I have been mandate from the office of the Attorney General of the Federation to withdraw the charges against the three persons,’’ she said.

    Following the oral application, Justice Abba-Bello Muhammed, ordered for the withdrawal of the charges against the defendants.

    The defendants were initially charged with conspiracy, criminal breach of trust and accepting gratification as public officers.

    The defendants were accused of misappropriating N2.2 billion belonging to the apex bank between 2009 and 2016.

    The offence was in contravention of Section 10(a) (i) of the Independent Corrupt Practices and Other Related Offences Act 2000 and punishable under the same Section of the Act.

    The defendants were also charged with contravening the provision of Section 96 of the Penal Code.

    The charge also alleged that they obtained gratification totaling N80million contrary to the ICPC Act.

    The Federal Government also alleged that the defendants obtained N2.4million gratification from Welcon Nigeria Ltd, N16million from Dean Musa Nig. Ltd.

    The defendants were also alleged to have collected N19million from Ababia Ventures Ltd as gratification.

    The companies were private contractors that provided services to the apex court.

  • Abia guber tussle: S’Court grants Otti leave to appeal Ikpeazu’s victory

    The Supreme Court on Friday granted leave to Alex Otti of the All Progressives Grand Alliance, APGA, to be joined as an interested party to challenge the election of Governor Okezie Ikpeazu as governor of Abia state.

    Justice Clara Ogunbiyi led four other justices to arrive at the unanimous decision.

    “The appellant applicant appeal challenging the August 5, 2016 judgment of the lower court has merit.

    “The appeal is predicated on grounds of mixed law and facts and therefore, this court is compelled to grant it in the interest of justice.

    “In the circumstance, the August 5, 2016 decision of the Court of Appeal, Abuja, which refused to grant the applicant the permission to be joined in the pending Abia governorship suit is set aside.

    “The prayer of the appellant urging this court consider his appeal against Gov. Ikpeazu Okezie is hereby deemed as filed before this court,’’ she said.

    Ogubiyi also held that granting this leave for the applicant to appeal the decision of the lower court on the matter did not mean that the appeal could succeed.

    “The law has established that once an application is challenging a matter on mixed law and facts, justice demands that he or she must be heard,’’ she said.

    Justice Dati Yahaya, who presided over the case at the lower court, had ruled that Otti failed to establish his interest in the internal affairs of the PDP.

    Yahaya also held that the applicant failed to give circumstantial reasons to sway the court to exercise its judicial discretion in his favour.

    Among others, the court held that the applicant failed to transmit the proceedings of the trial court to the Court of Appeal, where his interest was supposed to be established.

    According to the judge, Otti merely relied on affidavit depositions and that allowing the applicant to join the dispute would amount to attempt to change the nature of the suit from an intra-party to an inter party tussle.

  • Kudirat’s murder: S’Court grants LASG leave to appeal against Al-Mustapha’s acquittal

    The Supreme Court on Thursday granted Lagos State leave to appeal against acquittal of Major Hamza Al-Mustapha of the murder of Alhaja Kudirat Abiola.

    The Court of Appeal, Lagos Division on July 12, 2013 acquitted Al-Mustapha of the murder charge.

    Kudirat was a wife of the presumed winner of the June 12, 1993 presidential election, the late Chief Moshood Abiola.

    Lagos State Government accused Al-Mustapha, the Chief Security Officer of late Gen. Sani Abacha, of playing a role in her murder.

    Justice Walter Onnoghen held that Lagos State’s application for the leave was successful since it was not challenged.

    “In the circumstance, the applicant, the Lagos State Government, is granted the leave to appeal the July 12, 2013 judgment of the Court of Appeal, Lagos.

    “The would-be appellant is therefore given 30 days within which to file its notice of appeal.

    “ The date for the hearing of the appeal shall be fixed upon receipt of this notice by the court,’’ he said.

    Earlier, Mr Joseph Daudu (SAN), counsel to Al-Mustapha, withdrew an application against re-opening of the case.

    Daudu did not disclose the reason he withdrew his objection.

    He had argued that the applicant `slept’ over its right of appeal for about four years, adding that it was against court rule.

    Justifying the lateness in filing the appeal, Mrs Oluwayemisi Osunsoya, counsel to the applicant, said that it waited for the report of the state’s review teams on the matter.

    She said that it took a long time for the two legal teams to present their findings.

    The counsel had urged the court to relax its rule in the interest of justice.

    The Lagos State Government had charged Al-Mustapha, Mohammed Abacha and Lateef Shofolahan with conspiracy to commit murder and murder of Kudirat, before a Lagos High Court.

    Kudirat was killed on June 4, 1996.

    In the high court judgment delivered in 2012, Justice Moji Dada found the accused guilty as charged, and sentenced them to death by hanging.

    However, the Court of Appeal upturned the judgment.

    The court held that the evidence against the accused was not strong enough to warrant the death sentence passed on them.

     

    NAN

  • S’Court Judgement: Nyako is my father – Gov. Bindow

    Governor Muhammadu Bindow of Adamawa has expressed satisfaction over Friday’s judgement of the Supreme Court that turned down former governor Murtala Nyako’s plea for reinstatement.

    Recall that Nyako was impeached by the Adamawa House of Assembly in 2014.

    Bindow, who spoke with newsmen in Yola on his arrival from Abuja on Saturday, noted that he was happy with the judgement, but still hold Nyako in high esteem as a father.

    “I am grateful to God for the development and will continue to appreciate God and the people of Adamawa for their solidarity; I assure them that by the grace of God I will not disappoint them.

    “Nyako is my father and will continue to be”, Bindow said.

    Nyako, who lost the bid to return to office to complete his remaining 10 months, also said that he accepted the judgment in good faith.

    Nyako said his major reason for going to court was to seek redress over what he described as his “illegal removal”.

    “I am relaxed and will remain so; I always believe that the future is better,” Nyako said.

    The former governor thanked his supporters and well-wishers for their show of support and solidarity.

    “Thank you my people of Adamawa for the show of love,” Nyako said.

    He said that as a renowned farmer, he would continue his farming business and contribute his quota to humanity.

  • Supreme Court affirms Tambuwal as Sokoto Gov, others High Court to retry Dahiru’s case

    Supreme Court affirms Tambuwal as Sokoto Gov, others High Court to retry Dahiru’s case

    The Supreme Court on Friday declined to remove Governor Aminu Waziri Tambuwal from office as Sokoto State duly elected governor.

    However, the appellate court ruled that a case filed by Senator Umaru Dahiru challenging the nomination of Tambuwal as candidate of the All Progressives Congress (APC) in the April 2015 governorship election be retried at the Federal High Court.

    Recall that Dahiru contested for the governorship election in the December 2014 primaries of the APC, but lost to Tambuwal, who eventually went on to win the gubernatorial poll conducted by the Independent National Electoral Commission (INEC) in April 2015 and was subsequently sworn-in as Governor on May 29 of the same year.

    Friday’s ruling followed an earlier judgment given by the Supreme Court in June this year which dismissed application by the Sokoto State chapter of the Peoples Democratic Party (PDP) and it’s governorship candidate, Senator Abdallah Wali, to be joined as parties to Dahiru’s suit.

    In a judgement written by Hon Justice Musa Dattijo Muhammed JSC and read by Hon Justice CC Nweze JSC, the court held that rather than consider the case as mere academic exercise, the High Court should retry the case on its merit.

    Counsel to Tambuwal, Paul M. Kassim Esq, who led six other lawyers, said the defence are are satisfied with the ruling and will get set for trial at the Federal High Court.

    “Our position remains unchanged, that our client was validly nominated by the APC and was duly elected Governor by the good people of Sokoto State,” he told reporters after the judgement.

    In the June ruling by now retired Justice Sulaiman Galadima JSC, the Supreme Court held that PDP and Wali lacked the locus standi to apply to be joined in the suit, describing the two as interlopers who should not take part in a matter purely involving another party.

    Even though Sokoto PDP had announced that they will not challenge the election of Tambuwal in 2015, they however, through case number SC/67/2016, sought to be joined as parties in Dahiru’s suit on the grounds that if it succeeds, Wali should be declared winner of the election.

    In a notice of motion for joinder filed at the apex court by EK Ashiekaa SAN, Wali and PDP contended that having participated in the 2015 governorship election, and having scored the next highest number of votes cast after that of Tambuwal, they have sufficient grounds to be joined in the case.

    They said the reliefs sought by Dahiru would have an effect on the outcome of the Sokoto governorship election by creating a vacuum.

    “That the vacuum likely to be created by the success of the Appellants appeal can only be filled by the applicant who scored the next highest returned votes,” they argued.

    Justice Galadima however struck out the application, foreclosing any move by the PDP to get APC removed from power in Sokoto through the back door.

    No date yet has been set for hearing on the interlocutory appeal filed by Senator Umar Dahiru challenging the ruling of the Appeal Court which held that his case at the Federal High Court against Tambuwal’s emergence as APC candidate for the April 2015 governorship election could not proceed since it has been overtaken by events and will be a mere academic exercise if it proceeds.