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Category: Judiciary

  • S’Court reserves judgment on Nasarawa guber appeal

    S’Court reserves judgment on Nasarawa guber appeal

    The Supreme Court of Nigeria, Tuesday, reserved judgment in the
    Petition seeking to sack the incumbent governor of Nasarawa State, Abdullahi Sule of the All Progressive Congress (APC).

    The People’s Democratic Party (PDP) and its governorship candidate, Hon Emmanuel David Ombugadu, is praying the apex court to set aside the November 23 judgment of the Court of Appeal which upheld Sule as the lawfully elected governor.

    The Petitioners, through Kanu Agabi SAN submitted that the October 2, 2023 judgment of the Nasarawa State Governorship Election Petitions Tribunal in favour of PDP and Ombugadu be restored.

    According to him, the Court of Appeal unjustly nullified the Tribunal’s judgment and unjustly declared Sule as winner of the March 18 gubernatorial election.

    Agabi specifically called that the Supreme Court should allow the votes of Nasarawa state people to count and be meaningful be declaring PDP and Ombugadu as winners as rightly done by the Tribunal.

    However, Sule and the Independent National Electoral Commission (INEC) and APC, prayed court to dismiss the appeal for want of merit.

    APC lawyers, led by Akin Olujinmi SAN while adopting his brief of arguments asked the apex court to carefully looked into the cited authorities to back up their request for dismissal of the case.

    After taking arguments from lawyers, Justice Kekere-Ekun announced that judgment has been reserved and that the date for its delivery would be communicated to parties involved.

    The Appeal Court had on November 23 last year reversed the sack of Gov Sule by the State Election Petitions Tribunal in its judgment delivered on October 2.

    The Appellate Court held that the Tribunal headed by Ezekiel Ajayi acted in grave error in using witness statements on oath, not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor.

    In a judgment delivered by Justice Uchechukwu Onyemenam, the Court of Appeal had said the Tribunal was legally bound to act on witness statements filed along with the petition or front-loaded within 21 days stipulated by law.

    The Court held that no petition can lawfully be amended outside the 21 days allowed by law as wrongly done by the Tribunal.

    “Since the statements used by the Tribunal to sack the Governor were not front-loaded in compliance with the law, the statements were a product of illegality with no probate value for a law Court to act upon”.

    The Court also dismissed the over-voting issues used to annul the election, adding that the allegations were not established by law.

    Justice Onyemenam held that the petition by the Governorship candidate of the PDP was a nullity and invalid on the grounds that the jurisdictional issues raised by the governor were unlawfully ignored by the Tribunal.

    The Court of Appeal ruled that the Tribunal denied the Governor a fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.

    Justice Onyemenam agreed that the denial of a fair hearing against the governor was fatal and tendered all decisions of the Tribunal invalid.

    In all, the Court of Appeal reversed all orders made against the governor and INEC and affirmed Sule as the lawfully elected governor of the state.

    INEC had declared Sule the winner of the governorship election on the grounds that he polled a total of 347,209 votes to defeat his closest opponent David Emmanuel Ombugadu who secured 283,016 votes.

  • Plateau Speaker yet to recognise APC lawmakers after Supreme Court ruling

    Plateau Speaker yet to recognise APC lawmakers after Supreme Court ruling

    The Plateau State House of Assembly is facing uncertainty as Speaker Gabriel Dewan, who belongs to the Young Peoples Party (YPP), has stated that he would only recognise eight members out of the total 24.

    This comes after the recent Supreme Court judgment overruled the Court of Appeal’s decision that led to the sack of 16 members elected under the Peoples Democratic Party (PDP).

    The Appeal Court had initially removed the 16 lawmakers, citing that the PDP lacked the legitimacy to sponsor them due to internal issues within the party.

    Following this decision, the Independent National Electoral Commission (INEC) issued certificates of return to APC members.

    However, the recent Supreme Court judgment, which allowed the appeal filed by Governor Caleb Mutfwang against his sack, stated that the removal of the 16 PDP members was unjustified.

    The Supreme Court emphasised that the APC and its candidate had no authority to interfere in the internal affairs of another political party.

    Reacting to the Supreme Court ruling, Speaker Dewan declared that, based on the judgment, only eight members are recognised in the assembly.

    Dewan stated that the 16 lawmakers affirmed by the Court of Appeal would not be recognised for now, as the Supreme Court had declared the Appeal Court’s judgment faulty and an abuse of court processes.

    The affected PDP lawmakers have appealed to the Supreme Court for a determination, seeking to overturn the judgment of both the Appeal Court and the National Assembly members.

  • Plateau Guber: S’Court Reveres Sack, Affirms Gov Mutfwang’s Election

    Plateau Guber: S’Court Reveres Sack, Affirms Gov Mutfwang’s Election

    The Supreme Court, Friday, reversed the judgment of the Court of Appeal that sacked Governor Caleb Mutfwang of Plateau State from office on ground of unlawful nomination.

    The judgement read by Justice Emmanuel Agim held that the court below made an error in allowing the All Progressives Congress APC to delve into the conduct of the primary election by the People’s Democratic Party PDP and nullified the election unjustly.

    The court held that the issue of primary election was an internal affairs of political parties and that no other party can dabble into it except members of the same party.

    Besides, Justice Agim said that the issue of alleged improper conduct of the ward and local governments election used to sack the Governor was not justiceable.

    According to him, the conduct of the ward and local governments election was an affairs of the State Executive Committee of a political party while the conduct of the primary election for the nomination of a governorship candidate is entirely that of the National Executive Committee of a political party.

    Also, the court established that there was no issue of irregularities in the ways and manners the Governorship primary election that produced the governor was conducted in Plateau and wondered why that of the ward election was used to nullify the gubernatorial poll.

    He said that evidence was even well adduced that an order of Plateau State High Court allegedly disobeyed was indeed obeyed by parties involved.

    Therefore, the court unanimously voided and set aside the order of the Court of Appeal that
    Nentawe Goshwehe, the governorship candidate of the All Progressives Congress (APC) be inaugurated as Plateau State Governor.

    The Supreme Court affirmed the judgment of the Plateau State Governorship Election Petitions Tribunal which had earlier dismissed the petition of the APC and its governorship candidate.

    Governor Mutfwang of the PDP scored 525,299 votes to beat the All Progressives Congress candidate, Nentawe Yilwatda, who garnered 481,370 votes during the 18 March governorship poll in Plateau State.

    The governor’s election was upheld by the Plateau State Governorship Election Petitions Tribunal in Jos, the state capital.

    However, the Court of Appeal in Abuja, in its judgement delivered on 19 November 2023, overturned Mr Mutfwang’s victory, prompting him to file an appeal at the Supreme Court to challenge the lower court’s decision.

  • Ebonyi Guber: S’Court Okeys Nwifuru’s Election

    Ebonyi Guber: S’Court Okeys Nwifuru’s Election

    The Supreme Court has affirmed the election of Governor Francis Nwifuru of Ebonyi state.

    In a lead judgment of a 5-man panel of Justices, Justice Tijani Abubakar held that the candidate of the Peoples Democratic Party, Chukwuma Odi failed to prove any allegation of non compliance in the election.

    Consequently, the apex court in a unanimous decision dismissed the appeal by Odi for lacking in merit and a gross abuse of court process.

    The panel held that the PDP candidate cannot question the nomination of Nwifuru by his party, the APC.

    The Lagos state division of the Court of Appeal, had on November 24, 2023, affirmed the election of Fran­cis Nwifuru as the duly elected governor of Ebonyi State in the March 18, governorship election.

    The three-member panel presided over by Justice Jummai Sankey, in its unanimous decision, dismissed the appeal filed by Chukwuma Odii of the Peoples Democratic Party.

  • BREAKING: Supreme Court Affirms Lawal’s Election As Zamfara Governor 

    BREAKING: Supreme Court Affirms Lawal’s Election As Zamfara Governor 

    The Supreme Court has upheld the election of Dauda Lawal as the duly elected Governor of Zamfara state.

    Justice Emmanuel Agim, who delivered the lead judgment, criticized the Court of Appeal’s earlier decision, describing it as “perverse.”

    Justice Agim emphasized that the allegations of over-voting failed to stand as the Independent National Electoral Commission (INEC) did not provide essential documents such as the voter register, polling unit officer report, and eyewitness testimony.

    The judge highlighted that BVAS machines alone could not establish electoral malpractices, and the petitioner, Mr Matawalle, did not provide sufficient evidence to support his claims.

    “The court is of the view that the tribunal was right. The judgment of the Court of Appeal was perverse because the petitioner failed woefully to prove his allegations,” declared Justice Agim.

  • Kano Guber: Supreme Court Affirms Abba Yusuf Victory

    Kano Guber: Supreme Court Affirms Abba Yusuf Victory

    The Supreme court has upheld the election of the Kano State Governor, Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) as the governor of the state.

    The five-man panel of the court lead by John Inyang Okoro, held that the 165, 616 votes complied with the provisions of Section 71 of the Electoral Act have been signed and stamped by the election agents.

    The court held that the All Progressive Congress (APC) and it’s flagbearer, Nasiru Yusuf Gawuna, failed to prove that the votes were unlawful.

    Therefore, the court ordered that the signed and stamped 165, 616 votes be returned to the appallant.

    With the verdict, the court thereby set aside the judgement of the lower court and declared that the Governor, Abba Kabir Yusuf won the 2023 governorship election in Kano State with the majority votes.

    The Independent National Electronic Electoral Commission (INEC) had announced Yusuf as the winner of the March 18, 2023 election, saying he garnered 1,019,602 votes to defeat Gawuna who got 890,705 of the votes cast.

    Consequently, the APC headed the Tribunal, citing alleged electoral malpractice.

    The Tribunal in its ruling nullified Yusuf’s election, adding that over 160,000 ballot papers “were not signed or stamped by INEC”.

    The three-man panel of the Tribunal led by Justice Oluyemi Akintan Osadebay sacked Yusuf on September 20, 2023, after deducting 165,663 of his votes.

    Yusuf’s votes were subsequently reduced to 853,939 while Ganuwa’s 890,705 votes were not affected.

    Not satisfied, Yusuf proceeded to the Appeal court which held that it can be seen that the Tribunal acted in the overall interest of justice when it allowed APC’s tendering of documents during trial.

    The court held that INEC released documents to the APC piecemeal in order to defeat the petition of the petitioner.

    The judgement further posited
    the the Petitioner’s insistence that APC ought to have joined its candidate, Ganuwa, as a party at the Tribunal proceedings, was not backed by the 1999 Constitution.

    It maintained that a candidate is entitled to be represented by his political party during litigation, adding that every political party shall maintain the register of its voters.

    The court said the appellant to his own detriment did not submit his NNPP membership registrar or even tendered his statement on oath regarding his membership of the party.

    The court added that the name of Abba is not the NNPP membership registrar.

    “As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” the court while affirming the judgment of the Tribunal.

    “If you claim to be a member of a political party, is it not logical for you to say so by yourself and not by proxy?

    “Even though membership of a political party is an internal affair, a political party cannot be permitted to circumvent or breach the provisions of the 1999 Constitution.

    “The Tribunal was wrong not to have disqualified the appellant.

    “Therefore the failure of the appellant and the NNPP to comply with the 1999 Constitution is fatal to their election.

    “All issues in this appeal are dismissed and the judgment of the Tribunal is affirmed,” the court held.

  • No date for inauguration of New Justices of the Supreme Court – NJC

    No date for inauguration of New Justices of the Supreme Court – NJC

    National Judicial Council, NJC, has clarified that no date has been fixed for the swearing-in of the newly appointed eleven Justices of the Supreme Court.

    The Council said that the purported news by an Abuja based media organization suggesting Monday, January 16, for the inauguration did not emanate from it.

    A statement by the NJC’s Director of Information, Barrister Soji Oye clarified that neither the Chief Justice of Nigeria, Hon Justice Olukayode Ariwoola, who is the NJC Chairman, nor the Council itself authored or endorsed the purported date.

    While asking members of the public to disregard the news, the NJC said that the date for the swearing-in of the Justices would be made public at the appropriate time.

    NJC’s statement read in part, “The attention of the National Judicial Council has been drawn to a trending story purportedly informing the public that the newly appointed 11 Supreme Court Justices would be sworn in on Monday 16 January 2023.

    “The Council by this medium expressly denies the news as it did not emanate from the Council or the Office of the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Justice Olukayode Ariwoola.

    “The date for the swearing-in of the Justices will be made public at the appropriate time. Members of the public should please disregard the trending news.”

  • Lagos Guber: Gov Sanwo-Olu wins at the Supreme Court

    Lagos Guber: Gov Sanwo-Olu wins at the Supreme Court

    The Supreme Court of Nigeria, Friday, affirmed the election of Sanwo-Olu as the authentic governor of Lagos in the March 18 general electron.

    The five-man panel of the Apex Court thereby rubbished the appeal brought before it by the Labour Party(LP) and its governorship candidate, Gbadebo Rhodes-Vivour.

    The court held that the petition seeking the disqualification of Lagos State Governor, Babatunde Sanwo-Olu and his Deputy Obafemi Hamza from the poll totally lacked merit.

    In a unanimous judgment delivered by Justice Garba Lawal, the court held that the allegations of renouncing Nigerian citizenship by the Lagos State Deputy Governor for the United States of America cannot be used to disqualify the respondents.

    The Apex Court said that since Obafemi Hamza is a Nigerian by birth, his acquisition of American citizen has not taken his right as a Nigerian from him.

    It also maintained that the Petitioners failed prove with credible evidence that the Deputy Governor indeed renounced his Nigerian citizenship.

    Consequence to the above, the court upheld that the decision of the Court of Appeal which had on November 15 dismissed the earlier appeal filed by Gbadebo Rhodes-Vivour and Labour Party against the election of Babajide Sanwo-Olu.

    Recall that the Court of Appeal three-member panel led by Yargata Nimpar, had in a unanimous decision affirmed the judgement of the Lagos State Election Petitions Tribunal that upheld the victory of Sanwo-Olu as the elected governor of Lagos in the March 18 election.

  • Guber Judgment: Kano, Bauchi, Zamfara, Plateau, Ebonyi Govs in Court as S/Court decides their fate

    Guber Judgment: Kano, Bauchi, Zamfara, Plateau, Ebonyi Govs in Court as S/Court decides their fate

    In wait for their fates on their respective legal battles, at least five sitting state governors have stormed the Supreme Court to witness judgments their appeals.

    They are Abba Kabir Yusuf for Kano, Bala Mohammed for Bauchi, Caleb Mutfwang for Plateau, and Dauda Lawal for Zamfara and Francis Nwifuru of Ebonyi.

    Former Plateau state governor and currently a senator, Simon Lalong is also inside the courtroom for the make or mar verdict.

    As expected, the governors arrived in the courtroom with a retinue of followers who were, however, turned back immediately after escorting their principals into the courtroom.

    At the time of this report, the courtroom has been jam-packed by lawyers, journalists, and accredited political party leaders.

    Meanwhile, the justices are being awaited into the courtroom for judgment delivery.

    The states where their governors are expected to know their fates on whether to remain in office or be shoveled out are Kano, Plateau, Bauchi, Cross River, Abia, Zamfara, Cross River and Ebonyi.

  • New Supreme Court Justices To Be Sworn In

    New Supreme Court Justices To Be Sworn In

    Eleven new justices of the Supreme Court will be sworn in next week. 

    The Senate had in December 2023 confirmed the 11 justices as requested by President Bola Tinubu.

    The Justices billed for swearing-in are:

    Hon. Justice Jummai Hannatu Sankey, OFR – North Central

    Hon. Justice Stephen Jonah Adah – North Central

    Hon. Justice Mohammed Baba Idris

    Hon. Justice Haruna Simon Tsammani – North East

    Hon. Justice Jamilu Yammama Tukur – North West

    Hon. Justice Abubakar Sadiq Umar – North West

    Hon. Justice Chidiebere Nwaoma Uwa – South East

    Hon. Justice Chioma Egondu Nwosu-Iheme – South East

    Hon. Justice Obande Festus Ogbuinya – South East

    Hon. Justice Moore Aseimo A. Adumein – South south

    Hon. Justice Habeeb Adewale O. Abiru – South West

    When sworn in, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.