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Tag: Appeal Court

  • Appeal Court affirms IPOB as a terrorist organisation

    Appeal Court affirms IPOB as a terrorist organisation

    The Court of Appeal in Abuja has upheld the decision to label the Indigenous People of Biafra (IPOB) as a terrorist organization.

     The court, in a unanimous ruling by a three-judge panel led by Justice Hamma Barka, supported the Federal High Court’s 2017 judgment that banned the group.

     The court agreed that the Federal Government acted within the law due to the threat IPOB posed to national security.

     The court dismissed IPOB’s appeal, stating it lacked merit. 

    The IPOB’s legal team, led by Senior Advocate of Nigeria Chukwuma-Machukwu Umeh, had argued that the proscription was unlawful and misrepresented facts, claiming it unjustly labeled millions of Igbo Nigerians as terrorists.

     Despite this, the appeal was rejected, reinforcing the Federal High Court’s earlier ruling that prohibited IPOB’s activities, especially in the South-East and South-South regions.

  • Appeal Court Confirms Julius Abure as Labour Party Chairman

    Appeal Court Confirms Julius Abure as Labour Party Chairman

    The Court of Appeal in Abuja has confirmed Julius Abure as the National Chairman of the Labour Party.  

    On Friday, a three-judge panel upheld the earlier ruling of the Federal High Court in Abuja, which directed the Independent National Electoral Commission (INEC) to recognize the Abure-led leadership.  

    The court also validated the March 2024 convention held in Nnewi, which established Abure’s leadership.  

    This ruling ensures the Labour Party under Abure retains its legal rights as a registered political organization. Further updates are expected.

    The court further declared that any action that is taken outside of its jurisdiction is void. Because Justice Emeka Nwite delivered the Federal High Court’s October 8, 2024, judgment without jurisdiction, it was declared ineffective, and the court struck it out.

    The Appeal Court upheld its earlier ruling on November 13, 2024, which said that “Abure remains National Chairman of the Labour Party,” by dismissing the lawsuit.

  • Ex-CJN Onnoghen, appeals CCT judgment

    Ex-CJN Onnoghen, appeals CCT judgment

    The former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has appealed the judgment of the Code of Conduct Tribunal, CCT, that ordered his removal from office in 2019.

     

     

    The legal battle which commences, Tuesday, 20th August 2024, in Abuja was filed at the Court of Appeal since April 2019.

     

     

    Onnoghen is specifically praying the Court of Appeal to void and set aside the CCT judgment delivered against him on April 18, 2019, on various grounds.

     

     

    In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN, is asking the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and and absence of fair hearing.

     

    With Onnoghen as the appellant, the Federal Republic of Nigeria is the sole respondent.

     

    A notice for hearing of the appeal just sighted by our correspondent is entitled, “CA/ABJ/375 & 376 & 377/2019 BTW: Justice Onnoghen and FRN”.

     

    It read, “Please take notice that the above matter is listed for hearing on Tuesday the 20th day of August, 2024 at 9 o clock in Court Appeal, Abuja Division.

     

    “Please take note that this serves as a hearing notice”.

     

    The Code of Conduct Tribunal had in 2019 convicted Onnoghen in all the 6-count charges of breach of Code of Conduct for Public Officers brought against him by the federal government while in office as head of the country’s judiciary.

     

    In the lead judgment delivered by Chairman of the CCT, Danladi Yakubu Umar, he had ordered the immediate removal of Onnoghen from office as the CJN.

     

    The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and also the chairmanship of the Federal Judicial Service Commission.

     

    The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, CCB, an agency of the Federal Government.

     

    Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.

     

    However, dissatisfied with the CCT decision, Onnoghen in 2019 approached the Court of Appeal in Abuja with 16 grounds on why his conviction by the Tribunal should be quashed.

     

    Among others, he maintained that the Danladi Umar-led CCT panel erred in law and occasioned a miscarriage of justice against him, when it failed to decline jurisdiction to entertain the six-count against him.

     

    He contended that the CCT Chairman ought to have recused himself from presiding over his trial.

     

    In his seven-point reliefs, Onnoghen, applied for an order setting aside his conviction as well as quashing the order for forfeiture of his assets and to discharge and acquit him of all the charges levelled against him.

     

    Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was s judicial officer at the time the charges were filed against him on January 11, 2019 and as such cannot be subjected to the jurisdiction of the lower tribunal.

     

    “0n the authority of Nganiiwa v. FRN (2018) 4 NWLR (Pt. 1609) 30: at 340. 341 only the National Judicial Council (NJC) has the power to discipline the Appellant for misconduct and not the lower tribunal.

     

    “The lower tribunal had in the case of FRN V. Sylvester Nwali Nguta in charge No: CCT/ABJ/01/2017 delivered on 9th January, 2018, affirmed the position of the Court in FRN Nganjiwa v. FRN and dismissed the charges and acquitted and discharged Justice Ngwuta being a Judicial Officer subject only to the discipline of the National Judicial C0uncil.

     

    “The lower tribunal has no iurisdittion over servng judicial officers such as the appellant, save the National Judicial Council.

     

    “The Motion on Notice dated 14th January, 2019, challenging iurisdiction ought to be granted in all material particular as it purports to save the lower tribunal of needless futile exercise.

     

    “The lower tribunal erred In law when it dismissed the Appellant’s Application seeking the chairman to recuse himself from further proceedings on the ground of real likelihood of bias and thus occasioned a miscarriage of justice.

     

    “The Appellant has alleged that the chairman of the lower tribunal is biased towards him as a result of open remarks in the tribunal as well as the manner in which the proceedings was being conducted.”

     

    Contrary to the CCT finding, Onnoghen, said he did not admit the fact of non-declaration of Assets from 2005 as the Justice of the Supreme Court, adding that he only stated that he did not declare in 2009 as required because he forgot.

     

    Onnoghen challenged the order for the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”

     

    He faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.

     

    Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

     

    The former CJN asked the Court of Appeal to issue some orders against the CCT judgment among which are that the tribunal lacks the jurisdiction to entertain the case and that its Chairman ought to have recused itself from the proceedings.

     

    Consequently, he wants an order setting aside his conviction and another one setting aside the order for forfeiture of his assets made by the Tribunal.

     

    He also wants the appallete court to discharge and acquit him from the charges.

  • Action Alliance: Appeal Court affirms Kenneth Udeze as authentic Nat’l Chair

    Action Alliance: Appeal Court affirms Kenneth Udeze as authentic Nat’l Chair

    The Action Alliance (AA) prolonged National Chairmanship tussle has been put to rest today as the court of Appeal Abuja division has affirmed Chief (Barr) Kenneth Udeze As the authentic National Chairman of the party.

    The three man panel of justices presided over by Hon. Justice H.A. Barka dismissed the Appeal filed by one Adekunle Rufai Omoaje in Appeal number:CA/ABJ/CV/955/2022 challenging the judgement of the FCT High Court in suit number:FCT/HC/CV/174/2022 delivered on 28th day of March,2022 by Hon.Justice Eleojo Enenche hich had earlier Affirmed Chief (Barr) Kenneth Udeze As the authentic National Chairman of Action Alliance (AA) and validated the 14th, March,2021 National Convention of the party.

    The Appeal court also awarded the cost of N4 million against Adekunle Rufai omoaje in favor of Chief (Barr) Kenneth Udeze and other three Respondents.

    In the judgement a three-man panel of justices presided over by Justice. H.A. Barka affirmed Chief (Barr) Kenneth Udeze as the authentic National Chairman of Action Alliance (AA)in Appeal number:CA/ABJ/CV/526/2022 Between one CHIEF UZEWURU NWACHUKWU Vs KENNETH UDEZE AND 2ORS.

    The parties in this appeal submitted themselves to the Court of Appeal where all issues regarding the position of the National Chairmanship of AA was resolved in favor of Barr Udeze

    The spokesman of the party, Rev. Dennis Ubani, shortly after the judgement was delivered said, “With the two Court of Appeal judgements affirming Barr Udeze as the authentic National Chairman of Action Alliance (AA) ,it is now finally put to rest the party prolong legal tustle on the National Chairmanship.

    “We express our profound gratitude to the Nigerian judiciary, that indeed it is the last hope for a common man.

    “We thank our party legal team led by Chief Michael Kaase Aondoakaa (SAN) former Attorney General and minister of justice for a deligent procecution of the matters .

    “We thank all the party faithfuls across Nigeria and beyond for their prayers and we urge you to have faith and always support Chief Barr Kenneth Udeze led National Executives of the Action Alliance (AA).”

  • Nasarawa Guber: Appeal Court Overturns Tribunal Verdict, Reinstates Abdullahi Sule

    The Abuja Division of the Appeal Court on Thursday reversed the sack of the Nasarawa State Governor, Abdullahi Sule by the State Election Petitions Tribunal in its judgment delivered on October 2.

    Declaring the tribunal verdict a nullity, the court held that the Ezekiel Ajayi-led tribunal acted in grave error in using witness statements on oath and not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor.

    The appellate court, in its judgment delivered by Justice Uchechukwu Onyemenam, said that 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 law, the statements were product of illegality with no probate value tor a law Court to act upon.

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

    Justice Onyemenam held that the petition by the Governorship candidate of the People’s Democratic Party PDP was a nullity and invalid on the ground that the jurisdictional issues raised by the governor was unlawfully ignored by the Tribunal.

    According to the Court of Appeal, the Tribunal denied the governor fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.

    Justice Onyemenam agreed that denial of 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 the Independent National Electoral Commission INEC and affirmed Sule as the lawfully elected governor of the state.

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

    In a split decision on October 2, the tribunal nullified Sule’s election and upheld Ombugadu as the winner.

  • We’re Closely Monitoring Egina Spill Situation -NIMASA

    The Nigerian Maritime Administration and Safety Agency (NIMASA) has said it is closely monitoring the crude oil spill incident which took place during loading operations in Egina on 15th November 2023 at about 6:30am.

    The Assistant Director, Public Relations, NIMASA, Osagie Edwards, in a statement said the Agency is working closely with the National Oil Spill Detection and Response Agency (NOSDRA) and Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from the Crisis Management Room CMR, where the spill is being monitored real time using oil spill monitoring software from the Emergency Response Centre.

    NIMASA explained that though the volume of the spill is not yet confirmed, Total Energies is providing aerial surveillance, dispersant application, while further mobilization is being considered. 

    “The Oil Spill Response Limited from the United Kingdom is also assisting with pollution control measures. Reconnaissance survey of the impacted area confirms that the shoreline communities of Andoni, Qua-Iboe terminals, Bonny Island, Opobo/Nkoro and Eastern Obolo, which are closest to Egina, are not yet affected,” the Agency said. 

    NIMASA Director General of NIMASA, Dr Bashir Jamoh, noted that the Agency is in collaboration with all stakeholders to control the pollution and also put in place measures to prevent such occurrences in the future, in line with provisions of the MARPOL Convention.

    “Since the incident happened, our men have been liaising with other organs of Government to ensure the pollution is effectively controlled and managed, to protect the marine environment and the communities close to the incident point. Accidents do happen, it’s what we do thereafter that matters and I believe that the IOC Total, working with NIMASA, NUPRC, NOSDRA and collaborating with international service providers, will surely ensure proper management of the spill,” he said.

  • Kano Guber Judgement Saga: Appeal Court Cites Clerical Error

    The Chief Registrar of the Court of Appeal, Mr Umar Mohammed Bangari has cleared air on the controversies surrounding the judgment delivered by the Court on Kano gubernatorial election dispute.

    Bangari in reaction to the controversies said that what happened in the judgment body was a clerical error that did not in anyway invalidate or change the findings and conclusion of the court.

    The Chief Registrar assured that the clerical error would be rectified once parties in the matter file formal application to that effect.

    He drew the attention of newsmen to Order 23 Rule 4 of the Court of Appeal Handbook which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter.

    He however insisted that contrary to insinuations, the judgment of the court remains valid.

    “What happened in the part of the judgment is just a mere clerical error that ought not to draw any issue. The Court is empowered to correct such clerical error and would be done as appropriate.

    There had been misgivings and a series of interpretations into the judgment which upheld the judgment of Kano State Governorship Election Petition Tribunal that invalidated the election of Kabir Yusuf of the New Nigeria People’s Party (NNPP) as winner of the March 18 gubernatorial poll.

  • Appeal Court Dismisses Uba, PDP’s Suit Against Gov Alia, Deputy

    The Court of Appeal, Abuja division on Monday, dismissed an appeal instituted by the Governorship candidate of the People’s Democratic Party (PDP) Titus Uba, challenging the election of Hyacinth Alia as the elected Governor of Benue State.

    In a judgement delivered by the lead Justice, Onyekachi Aja Otisi dismissed the allegations of non qualifications made by Uba against the Deputy Governor, Samuel Ode.

    In a unanimous judgment, the Appallate Court held that the PDP gubernatorial candidate failed to establish forgery of INEC form EC9 by Ode beyond reasonable doubt as required by law.

    Among others, the Court of Appeal said that the issues of non qualifications are pre-election matters which can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.

    Also, Justice Otisi said that a suit to challenge non qualifications can only be instituted within 14 days of occurrence of the subject matter.

    The Court also dealt with the allegations by Uba that the name of the Governor, Hyacinth Alia was not not submitted by the All Progressives Congress APC to the Independent National Electoral Commission INEC within 180 days before the election of March 18.

    The Court held that the allegations can survive because the primary election that produce Alia was ordered by a High Court and was done within the period ordered by the court.

    In the final analysis, Justice Otisi held that the appeal of Uba against the judgment of Benue State Election Petition Tribunal delivered on September 23 lacked merit and was dismissed.

    The Court subsequently upheld the judgment of the Tribunal and rejected the plea of Uba to void it and set it aside.

  • Plateau Guber: Appeal Court Sacks Muftwang, Enthrones Goshwe As Governor 

    Plateau Guber: Appeal Court Sacks Muftwang, Enthrones Goshwe As Governor 

    The Court of Appeal, Abuja on Sunday sacked Governor Muftwang Manasseh of the Peoples Democratic Party (PDP) as governor of Plateau Sate.

    The Appallate Court, therefore ordered that the Independent National Electoral Commission (INEC) to  recognize Nentawe Goshwe of the All Progressives Congress (APC) as the validly elected governor of Plateau state in the March 18 governorship election. 

    Consequently, on the strength of section 136 of the electoral act, the court order INEC to retrieve the certificate of return issued to Governor Manasseh and issue a fresh certificate of return to the Goshwe.

    A three-man panel headed by Justice Elfrieda Williams- Dawodu,  delivering the lead judgment, cited section 177 of the Constitution, noting that Manasseh was not a validly sponsored by the PDP during the election.

    The panel held that the party violated the court order that a valid Congress be conducted in the 17 local government areas of that state, by conducting Congress in only 5 local government areas of the state, and as such is a nullity.

    Dismissing the decision of Plateau state tribunal, the Appeal Court held that the issue of qualification is both a pre-election and a post-election matter contrary to the findings of tribunal which held that the appellant lacked the locus to contest the validity of the respondent.

    The court also noted that under section 134 of the electoral act it is the sole right of a political party to sponsor its candidate having met the necessary requirements to do so.

  • Kano Guber: Appeal Court Affirms Abba Yusuf’s Sack 

    The Court of Appeal sitting in Abuja has upheld the judgment of the Kano State Governorship Tribunal that sacked Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) as the governor of the state.

    The Governorship Election Petition Tribunal declared the All Progressives Congress (APC) flagbearer, Nasiru Yusuf Gawuna, as the winner of the state’s governorship poll held on March 18.

    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 it 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.