Appeal Court Affirms Yahaya Bello’s Election As Kogi Governor

lokoja, supreme court judgement, bello,
A file photo of Kogi State Governor, Yahaya Bello.

 

 

The Court of Appeal sitting in Abuja has affirmed the election of Mr Yahaya Bello as the governor of Kogi State.

A five-man panel of justices of the court upheld Governor Bello’s election in a judgement delivered on Saturday in the nation’s capital.

The court had dismissed the appeals filed by four political parties challenging the governor’s re-election in the November 2019 governorship poll.

Those who filed the appeals were the Peoples Democratic Party (PDP), the Social Democratic Party (SDP), the Action Peoples Party (APP), and the Democratic Peoples Party (DPP).

On the APP’s appeal, Justice Mohammed Shuaibu dismissed the appeal filed by the party in a unanimous judgment.

He also affirmed the decision of the Governorship Election Petition Tribunal which dismissed the petition filed by the APP and awarded a cost of N100,000 against the party.

In its appeal, APP had claimed that the Independent National Electoral Commission (INEC) unlawfully excluded it from the governorship election in Kogi State.

READ ALSO: PDP Seeks Prayers Of Recovery For Umahi, Ortom’s Wife

Similarly, the appellate court dismissed the appeal filed by the Democratic Peoples Party (DPP) against Governor Bello’s victory in the November 2019 governorship election.

DPP’s appeal was also dismissed in a unanimous decision while the SDP candidate, Natasha Akpoti, lost her bid to unseat Governor Bello.

In its judgement, the court held that Akpoti could not prove the allegations of corruption and voter intimidation against the governor.

On his part, Mr Musa Wada of the PDP got his appeal dismissed by the court, but not without a penalty.

Wada was ordered to pay a sum of N100,000 each to Governor Bello, the All Progressives Congress (APC), and INEC, who were listed as respondents in the appeal.

The court dismissed the appeals filed by the political parties and their candidates after they lost at the Tribunal.

On November 18, 2019, INEC returned Bello as the duly elected governor having scored the highest number of votes in the keenly contested poll.

He polled a total of 406,222 votes to beat his closest rival, Wada who scored 189,704 votes and Akpoti who garnered a total of 9,482 votes.

Appeal Court Nullifies Judgment Sacking Ifeanyi Ubah

Ifeanyi Ubah

 

The Court of Appeal has set aside an FCT High Court judgment sacking Senator Ifeanyi Ubah as the lawmaker representing Anambra South Senatorial district.

In a unanimous judgment delivered by Justice Stephen Adah, the court held that the FCT High Court acted outside its jurisdiction to entertain a matter that arose in Anambra state.

Justice Adah while awarding a cost of N250,000 against the first and second respondents in the appeal, insisted the lower court acted like an octopus and denied Senator Ubah the right to a fair hearing.

He added that the court further acted on an unsigned originating summons, which is also a nullity.

READ ALSO: Ifeanyi Ubah Appeals Judgement Sacking Him From Senate

The embattled Senator Ifeanyi Ubah on January 18, filed a suit at the Court of Appeal to challenge the judgment which removed him as the lawmaker.

He disclosed this to Channels Television a day after a Federal Capital Territory (FCT) High Court sitting in the Bwari area of Abuja reaffirmed his sack.

Ubah explained that appealing the judgement of the court was important because it lacked the jurisdiction to giving such ruling.

He stressed that neither him nor his party – the Young Progressives Party (YPP), was served the court notices when the case was brought before the court.

The embattled lawmaker said, “Even in the Electoral Act; anything after the announcement of an election (result) is a post-election which should go through the Tribunal, not FCT High Court.

“Even the FCT High Court has no territorial jurisdiction over this matter. The matter was a matter which took place in Anambra South senatorial district.”

Ifeanyi Ubah Asks Appeal Court To Reinstate Him As Senator

Court To Decide Certificate Case Against Buhari Today
A file photo of the Court of Appeal in Abuja.

 

 

Embattled lawmaker, Senator Ifeanyi Ubah, is seeking to return to the Senate after he was sacked by a Federal Capital Territory (FCT) High Court in the Bwari area of Abuja.

This comes as the Court of Appeal in Abuja is set to hear the suit filed by Senator Ubah challenging the judgement which removed him as the lawmaker representing Anambra South district in the Upper Chamber of the National Assembly.

In a ruling delivered on January 17, Justice Bello Kawu had reaffirmed the sack of Senator Ubah of the Young Progressives Party (YPP).

He ordered that Mr Obinna Uzoh of the Peoples Democratic Party (PDP), who had challenged the embattled lawmaker’s victory in the Anambra South senatorial district election of February 23, be recognised as the winner of the election.

A file photo of Senator Ifeanyi Ubah.

 

 

Justice Kawu also ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Uzoh, the applicant, as the senator-elect in the district.

The PDP candidate had among other claims, alleged that his YPP counterpart presented a forged National Examination Council (NECO) secondary school certificate to INEC, which enabled Ubah to contest the election.

He also insisted that Ubah’s party should be disqualified for not conducting a primary for its candidates in the poll.

The trial judge, in his ruling delivered in January, refused to reverse the judgement of the court delivered in December which removed Ubah as a member of the Senate.

He sacked Ubah and declared that the second defendant in the suit – the YPP – did not have the locus standi and should not have participated in the election.

Buhari Appoints Justice Dongban-Mensem As Acting Appeal Court President

A file photo of the Court of Appeal in Abuja.

 

 

President Muhammadu Buhari has approved the appointment of Justice Monica Dongban-Mensem as the acting President of the Court of Appeal.

The Senior Special Assistant to the President on Media and Publicity, Mr Garba Shehu, announced this in a statement on Thursday.

He explains that the appointment, which takes effect from Friday, is for an initial period of three months.

Shehu added that Justice Dongban-Mensem would act in an acting capacity until when the incumbent president of the court, Justice Zainab Bulkachuwa, would statutorily retire from service.

“Justice Dongban-Mensem, who is the next most senior judge of the Court of Appeal, will be acting pending when a substantive appointment to the position of the President of the Court of Appeal may be made by President Buhari subject to the confirmation of the Senate,” the statement said.

The presidential aide said the approval of Justice Dongban-Mensem appointment followed the recommendation of the Chief Justice of Nigeria, Justice Tanko Muhammad.

The recommendation, Shehu said, was made in line with the provisions of Section 238(4) & (5) of the 1999 Constitution as amended.

Appeal Court Fixes April 1 To Hear Suit On Oyo LG Leadership Tussle

Man Bags 15 Years In Prison For N5.2m Fraud

 

The Court of Appeal sitting in Ibadan has fixed April 1 for the hearing of the appeal filed by the Oyo State government challenging a court order not to dissolve the 33 local government chairmen and 35 Local Council Development Areas (LCDA) in the state.

The adjournment followed withdrawal and striking out of three different applications which the lead counsel to the applicants, Adeniyi Akintola (SAN) filed earlier.

The justices believed the suits would stand as obstacles to the main substantive matter.

The appeal marked CA/IB/300/2018 was instituted by the governor of Oyo State, the Attorney General of Oyo State, and the Commissioner for Local Government and Chieftaincy Matters.

Others are the Accountant-General of the state, the Speaker of the Oyo State House of Assembly, the Oyo State House of Assembly, and the Oyo State Independent Electoral Commission (OYSIEC).

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Its respondents are Mr Mojeed Bosun Ajuwon and 10 others.

The legal battle was renewed after May 6, 2019, when Justice Aderonke Aderemi ruled that the Oyo State government should not sack the chairmen as planned, but the judgement was appealed by the state government.

At the resumed hearing, counsel to the respondents, Niyi Akintola (SAN), told the court that he filed his brief of argument out of time and prayed the court to grant an extension of time.

He added that his brief of argument was supported with an 18-paragraph affidavit and the same served on the respondents.

In his submission, counsel to the claimant, Kunle Kalejaiye (SAN), expressed displeasure at Akintola’s move but noted that he would not oppose the application.

The three-man panel headed by Justice Jimi Bada, thereafter, granted the application for extension of time until April 1, 2020.

Supreme Court Affirms Election Of Seyi Makinde As Oyo State Governor

A file photo of Oyo State Governor, Seyi Makinde. Photo: [email protected]

 

The Supreme Court on Wednesday affirmed the election of Seyi Makinde as governor of Oyo State.

In a unanimous judgment, the Apex Court found merit in the appeal filed by Mr Makinde that the majority judgment of the Appeal Court was a miscarriage of justice.

The court, therefore, affirmed the majority judgment of the tribunal which upheld the election of Makinde as the duly elected governor of Oyo State.

READ ALSO: Supreme Court Affirms El-Rufai’s Election As Kaduna Governor

The judgment applied to the remaining three appeals which emanated from the election.

The Appeal Court had earlier ruled against the election tribunal in Oyo State which dismissed a petition by the All Progressives Congress (APC) and its candidate, Adebayo Adelabu.

Governor Makinde urged the Apex Court to set aside the decision of the court of Appeal and restore the judgment of the trial tribunal which affirmed his election as the governor of Oyo State.

Makinde’s counsel, Wole Olanipekun said that the 180 days allowed by law for a petition to be heard had already been exhausted at the tribunal and so there cannot be another petition.

The panel headed by Justice Ejembi Eko went on a short recess and returned to deliver the judgment which affirmed Makinde’s election victory.

Appeal Court Affirms Fintiri’s Election As Adamawa Governor

A file photo of Adamawa State Governor, Ahmadu-Fintiri.

 

The Appeal Court sitting in Yola, the Adamawa State capital has affirmed the decision of the lower court over the election of Umaru Fintiri as Governor of the state.

Delivering the judgment, Justice Ali Gumel ruled that the main appeal on six issues were distilled from 19 grounds.

The first being whether or not the tribunal was right to have held that the non-joinder of former Governor Mohammed Jibrilla in the petition was fatal and incompetent.

The Appeal Panel set aside the ruling of the lower tribunal and allowed issue one to succeed.

Issues 2,3,4,5 and 6 were, however, dismissed entirely.

Consequently, the appeal in itself failed and was dismissed.

Reacting to the judgement, the governor said he was elated by the ruling and called on the opposition party and others to join hands with him to move the state forward.

Appeal Court Upholds Lalong’s Election As Plateau Governor

Court of Appeal, Jos Division.

 

The Elections Petition Appeal sitting in Jos, Plateau State capital on Friday upheld the election of Simon Lalong as the duly elected Governor of the state.

In the lead judgement delivered by Honourable Justice Adumein Otisi, the appeal of Jeremiah Useni and the Peoples Democratic Party (PDP) was dismissed for lack of merit and align with the Election Tribunal decision affirming the elections of Governor Simon Lalong.

READ ALSO: ‘It’s Benue Peoples Victory,’ Ortom Lauds Appeal Court Verdict

The sum of N200,000 is also awarded as cost in favour the Governor and the All Progressives Congress (APC).

The Plateau State Election Tribunal had earlier in October upheld the election victory of Lalong.

Justice Halimat Saleeman, in a unanimous decision of the tribunal threw out the petitioner’s case on the grounds that the petition is weak along the line of law and therefore cannot sway justice to the side of the petitioner.

Appeal Court Upholds Ganduje’s Election As Kano Governor

Ganduje Denies Creating Additional Kano Emirates To Settle Personal Scores
Governor Abdullahi Ganduje (file)

 

The Court of Appeal sitting in Kaduna State has upheld the election of Abdullahi Ganduje as duly elected Governor of Kano State.

The Peoples Democratic Party (PDP) and its candidate had on April 11 filed a petition at the Appeal Court against the October 2nd judgement of the election petition tribunal.

READ ALSO: INEC Presents Certificate Of Return To Yahaya Bello

The election petition tribunal had upheld the election of Ganduje of the All Progressive Congress (APC) in the March 24 supplementary election held in some electoral wards in Kano State.

However, in a unanimous judgement delivered on the petition on Friday, a five-man panel of the court led by Justice Tijjani Abubakar dismissed the appeal by the PDP and its governorship candidate, Abba Yusuf.

The court affirmed the October 2nd judgment of the Kano State Governorship Election Tribunal, which had dismissed the petition by PDP and its candidate, challenging Ganduje’s victory at the supplementary election.

It could be recalled that the Kano State Governorship Election Petition Tribunal led by Justice Halima Shamaki had in its unanimous judgment on October 2nd,  dismissed the petition filed by the  PDP and Yusuf on grounds that the petitioners failed to prove their claims that the election was marred by irregularities and substantial non-compliance with the Electoral Act.

The tribunal also held that INEC was right in declaring the March 9 election in Kano State inconclusive and also in declaring Ganduje the winner of the supplementary election held on March 23.

The lower court also said that declaring an election as inconclusive where there are lawful reasons is constitutional.

Appeal Court Affirms Bello’s Election As Niger Governor

Easter: Governor Bello Challenges Residents On Nation Building
A file photo of Niger State Governor, Abubakar Bello

 

 

A Court of Appeal has affirmed the election of Mr Abubakar Bello as the duly elected governor of Niger State.

The court gave the affirmation on Saturday in a unanimous judgment delivered by a five-man panel of justices, while ruling on the appeal filed by the Peoples Democratic Party (PDP) and its candidate in the March 9 poll, Umar Nasko.

It held that it lacked the jurisdiction to enter judgment against Mister Bello as the appellants failed to conclude their petition within 180 days, as stipulated by Section 294 Sub-section 2 of the 1999 Constitution as amended.

Justice Oyebisi Omoleye, who read the lead judgment, insisted that election matters must be concluded within the 180 days prescribed by law.

The judge held that having failed to do that, the appeal filed by the PDP and its candidate has failed and was subsequently dismissed.

Appeal Court Affirms Tribunal’s Ruling, Says Nasarawa Governor Duly Elected

A file photo of Governor Abdullahi Sule.

 

 

The Court of Appeal sitting in Makurdi, on Tuesday upheld the decision of the Election Petitions Tribunal affirming the election of Abdullahi Sule as the governor of Nasarawa State.

In its judgement, the court presided by Justice Jumai Sankey resolved all the five issues raised in the petition brought before it against the appellants, the Peoples Democratic Party (PDP) and its governorship candidate, David Ombugadu.

The court held that the appellants were unable to prove their case and thereby affirmed the verdict earlier passed by the Tribunal, which confirmed that Mr Sule was legally and lawfully returned as governor of Nasarawa State.

READ ALSO: Gombe Assembly Deputy Speaker Impeached

In his reaction, counsel to the governor, Dr Mubarak Adekunle, hailed the decision of the appellate court.

He said, “The Court of Appeal in Makurdi has just delivered its judgement. The court resolved all the five issues against the appellant.

“The Tribunal stroke out several paragraphs of their reply to Engineer A. A Sule’s reply. They appealed against that and the Court of Appeal affirmed it that the Tribunal was very right to have struck out all those paragraphs.”

“On all the allegations which border on disenfranchisement, cancellation of votes, inflation of votes and deflation of votes, the Court of Appeal affirmed that the Tribunal was right that they were unable to prove their allegations,” he added.

Adekunle added that on whether Governor Sule was fully or properly returned as elected, the appellate court affirmed that the appellants were unable to prove their case, having resolved all the allegations against the appellant.

He noted that the court affirmed the verdict of the Tribunal that “Engineer Sule was legally, lawfully and properly returned as Governor of Nasarawa State.”

Appeal Court Victory, A Triumph Of Truth – Dapo Abiodun

A file photo of Ogun State Governor, Dapo Abiodun. Photo: [email protected]

 

 

Ogun State Governor, Dapo Abiodun, on Monday lauded the judgement of the Court of Appeal which affirmed his victory in the March 9 governorship election.

The appellate court in Ibadan, the Oyo State capital had affirmed the election of the governor who contested on the platform of the All Progressive Congress (APC).

It upheld the judgement of the Governorship Election Petitions Tribunal which validated Abiodun’s victory and set aside the appeal filed by the candidate of the Allied People’s Movement (APM), Adekunle Akinlade.

READ ALSOOgun Election: Dapo Abiodun Wins In Appeal Court

In a statement hours after the judgement, Governor Abiodun described the ruling as a victory of truth and democracy while thanking the judiciary for being unbiased in its verdict.

The governor also thanked his legal team for their exemplary professionalism and the All Progressives Congress (APC) for its support.

He also commended party supporters across the 236 wards of the state for conducting themselves in a civilised manner.

Governor Abiodun noted that scores of political parties have joined forces with his administration, saying they would continue to keep open the window of fellowship to others in the interest of the state.

He, therefore, called on those aggrieved as a result of the outcome of the poll to sheath their swords and support his administration, if indeed the motive was to serve the people of the state.

Read the full statement below:

Today’s victory is a triumph of truth and democracy.  I give all the glory to the Almighty God, for I remain a testimony to his faithfulness.

We specially thank our team of lawyers led by Professor. Taiwo Osipitan for their exemplary professionalism, diligence and masterful delivery of points of law.

We appreciate the leadership of our great party, All Progressives Congress (APC), for their steadfastness and support.

In addition we wish to express our sincere appreciation to the judiciary once again for playing its role as impartial arbiter with courage, fairness and candour.

We are equally grateful for the solidarity and unwavering support of the APC faithful across the 236 wards of our state and their Omoluwabi conduct throughout this tortuous journey to the land of total victory.

May we also applaud the sincerity of all the other 80 parties that have, even before now, responded positively to our hands of fellowship.

Like true sportsmen and women, they have continued to identify with our government and only last week passed their vote of confidence in us.

We will continue to keep open the window of fellowship to all political actors and indeed all interest groups.

This victory has rekindled our drive to do more in Building Our Future Together agenda and every village, hamlet, town or city will not be left out in the scheme of our inclusive development.

Life is hinged on hope, our administration has restored hope to the people and we shall not relent until every citizen of the state attains individual prosperity whilst ensuring adequate security and putting the state on the path of sustainable development.

Whilst thanking all the good people of Ogun State who have entrusted us with their mandate, again we remain committed to providing a focused and qualitative governance that will be inclusive, participatory, accountable, transparent, fair, just and equitable.

The time has now come for all our adversaries to sheath their swords and join forces with our administration, if indeed the motive is to serve the good people of our dear state.

The common goal is the economic development of Ogun State and individual prosperity of our citizens.

Together, we can build a secure, purposeful and prosperous state.

Let all of us join hands to build a better future and engender unity, peace, development, through good governance that Ogun has witnessed in the last five months of our Administration.

Igbega Ipinle Ogun, Ajose gbogbo wa ni.

E-signed