Appeal Court Affirms Makinde’s Election Victory, Validates Adelabu’s Appeal

Photo combination of Seyi Makinde and Adebayo Adelabu

 

The Court of Appeal sitting in Ibadan has affirmed the victory of the Peoples Democratic Party (PDP) governorship candidate in the state and validated the appeal of the All Progressives Congress (APC).

The court of appellate jurisdiction says it disagrees with the tribunal judgement on grounds that the documents submitted were not properly processed while the evidences submitted by the appellant  was not adequately evaluated.

It further stated that this however does not give sufficient grounds to tamper with  the victory of Seyi Makinde as declared by the Independent National Electoral Commission (INEC).

The Court of Appeal also ordered that status quo before the tribunal’s judgment should remain, which is the return and declaration of Makinde as winner of the March 9,2019 governorship poll in Oyo State.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that unfortunately, the time limit of 180 days for tribunal had been exhausted.

The Court of Appeal found that the judgement of the lower tribunal  that dismissed Adebayo Adelabu of the APC’s petition against Makinde’s election as the governor was perversed and therefore set the judgement aside.

But the Court of Appeal did not make any further order concerning the election of Seyi Makinde and did not make any order for re- hearing of the election petition, and that the status quo as the time of filing the petition by Adelabu should remain.

Electoral Act allows a grace of 180 days for the petition to be heard at the tribunal, which affirmed that the tribunal duly spent her time and so nothing could be done on their pronouncement as to the validity of the election.

Three of the four-person panel of the Court of Appeal resolved 3 major  issues in the favour of the appellants. But there was a dissenting judgment from a judge with a proviso that the panel could not nullify Makinde’s election.

The lead counsel to Makinde, Eyitayo Jegede (SAN), told journalists after the delivery of the judgment that the declaration of Makinde as governor “has not been affected in any way. The Court of Appeal in their wisdom said they did not agree with the lower tribunal. They did not also say that they did not agree with INEC. So, INEC’s declaration is sacrosanct and it remains until any other pronouncement from the court.

“We have not seen the details of the judgment. We were all in court and you (journalists) saw that the details were not read to us. As far as we are concerned, there is no cause for alarm.”

Fielding questions from reporters on the implications of the judgment of Governor Makinde, Jegede said: “There is no implication on the return and declaration of Seyi Makinde as the governor of Oyo State.”

Counsel to Adelabu and APC, Adeboye Shobanjo, also told journalists: “You listened to what my lord said about the evaluation of judgment of evidence that when there are evidence before the court, the evidence of all parties before the court should be evaluated. Judgment should not be based only on the evidence of a party in a case and if that was done during the trial,  or during the judgment, that is contrary to the provision of the constitution on fair hearing.

“Second, this court settled the issue of dumping of documents on election cases, and contrary to the decision of the tribunal that all the documents tendered by the appellants were dumped on the tribunal. The judgment made it known that the documents were not dumped on the tribunal.

“In totality, the appeal was allowed. But my lord said that because of effusion of time, that since the time for trial has lapsed at the tribunal, they cannot order for retrial of the case.

“But generally or totally, the appeal was allowed. It showed that the judgment of the tribunal occasioned miscarriage of justice against the appellants.”

When asked to comment if Adelabu wnd APC would proceed to the Supreme Court, Shobanjo simply said: “The next step depends on my clients. They will brief us accordingly and it depends on instructions.”

Meanwhile, the APC in Oyo State has reaffirmed its strong belief in the judiciary as the pillar of hope for the sustenance of democracy, saying Adelabu and the party would approach the Supreme Court for final settlement of the litigation.

While reacting to the judgment through a statement issued by its Assistant Publicity Secretary, Prince Ayobami Adejumo, Oyo APC lauded the Appellate Court’s Judges for their pronouncement which validated the claims of the plaintiffs in the matter before it but “regretted that the good people of the state would still have to wait for the final adjudication on the case before our candidate could reclaim his mandate.

“The verdict given on Monday was unambiguous, apt and sound enough to convince any informed mind about the genuineness of our claim that Makinde’s declaration as the winner of the March 9 poll was done by INEC in error. The results announced were ridiculously inflated and there is no way such conspiracy could stand the test of proper scrutiny as this was just confirmed by the Appellate Court

“While we use this opportunity to salute the court for living up to its responsibility as the last hope of the common man, we are appealing to the good people of the state including Oyo APC faithful and other key stakeholders to remain calm and resist being provoked, in whatever way or form, by the PDP government and its agents who are apparently occupying the Agodi Government House on a borrowed time.

“Obviously, the next line of action is for us as a Party and our gubernatorial hopeful to approach the Supreme Court for perfection of the landmark verdict delivered by the Court of Appeal today and, by the special Grace of God, we shall obtain favorable judgment from the Apex Court as only this would lend credence to the fact Nigeria’s democratic practice is premised on free and fair elections as well as the rule of law.”

Ogun Election: Dapo Abiodun Wins In Appeal Court

 

Ogun State Governor, Dapo Abiodun, has won the case challenging his election at the Court of Appeal.

This comes as the appeal court sitting in Ibadan, the Oyo State capital affirmed the victory of the candidate of the All Progressive Congress (APC) in the Ogun State governorship election held on March 9.

The court 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 ALSO: Appeal Court Affirms Makinde’s Election As Oyo Governor

A four-man appeal panel of justices had on November 4 reserved its ruling on the two appeals after counsels had adopted their written addresses.

At Monday’s sitting, the appellate court upheld the election of Mr Abiodun as declared by the Independent National Electoral Commission (INEC) in the unanimous judgment delivered by Justice Mohammed Ambi-Usi Danjuma, who stood in for the head of the panel, Justice Abubakar Yahyah.

It dismissed the appeal filed by Mr Akinlade for lack of merit, saying Governor Abiodun won the poll having secured the highest number of lawful votes cast.

APC Reacts

Shortly after the judgement was delivered, the APC in Ogun commended the decision of the appellate court through its publicity secretary, Tunde Oladunjoye.

Oladunjoye spoke at a press conference held at the party’s secretariat in Abeokuta, the Ogun State capital.

According to him, the party is extending a hand of fellowship to members of opposition parties to join hands in building the state’s economy.

The APC publicity secretary attributed the victory at the appeal court to God, as well as the support and understanding of the residents of the state.

He called for more cooperation and a better understanding of the Dapo Abiodun administration’s policies and programmes.

Oladunjoye gave assurance that the party would ensure an inclusive government, saying Governor Abiodun would not betray the confidence reposed in him by the people of Ogun.

Appeal Court Sacks Senator Ekpenyong, Orders Rerun In Akpabio’s LG

A file photo of the Minister of Niger Delta Affairs, Senator Godswill Akpabio.

 

 

The Court of Appeal sitting in Calabar, Cross River State has ordered a rerun election in Essien Udim Local Government Area (LGA) of Akwa Ibom State.

Essien Udim is one of the LGAs in Ikot Ekpene Senatorial District of the state where Senator Godswill Akpabio of the All Progressives Congress (APC) lost to Senator Christopher Ekpenyong in the February 23 election.

Senator Akpabio, who is currently the Minister of Niger Delta Affairs, had gone to the upper court to challenge the ruling of the National and State House of Assembly Election Petitions Tribunal in Uyo, which affirmed the victory of Senator Ekpenyong of the Peoples Democratic Party (PDP).

READ ALSO: Appeal Court Affirms Sanwo-Olu’s Election, Fines Appellants N2.4m

In its judgement delivered on Saturday, the court declared as invalid, the declaration of Christopher Ekpenyong as the winner of the election and the senator representing Akwa Ibom North-West senatorial district.

It, therefore, ordered the Independent National Electoral Commission INEC to conduct a fresh election in Essien Udim Local Government Area of the state within 90 days.

The appellate court held that there was proof of irregularities and non-compliance with the Electoral Act in the conduct of the election within Essien Udim LGA and as such, no one should have been declared a winner.

It stressed that the right thing to do was to conduct a fresh election in the disputed area.

The court, however, noted that in Obot Akara LGA, also within the central district, the appellant could not prove the claim of over-voting or irregularities.

The judgement came barely two months after the Tribunal held that Ekpenyong was the duly elected senator representing Akwa Ibom North-West Senatorial District in the National Assembly.

The Tribunal had, in a majority judgement of two out of the three-man panel of justices, dismissed Senator Akpabio’s petition for “lacking merit”.

It held that the petitioner failed to prove that he won the said election, adding that he could not present convincing evidence of non-compliance with the Electoral Act, as raised in his petition.

The Tribunal, therefore, upheld as valid, the declaration of Senator Ekpenyong as the winner of the election.

Appeal Court Affirms Sanwo-Olu’s Election, Fines Appellants N2.4m

Lagos Election: AD, LP Candidates Challenge Sanwo-Olu's Victory At Tribunal
A file photo of Lagos State Governor, Babajide Sanwo-Olu.

 

 

The Court of Appeal in Lagos has dismissed an appeal filed by the Labour Party (LP) challenging the judgment of the Governorship Election Petitions Tribunal which affirmed the election of Mr Babajide Sanwo-Olu as the governor of Lagos State.

In a unanimous decision on Saturday, the five-man panel of justices held that the appeal filed by LP lacked merit and “sank never to rise again, even on appeal.”

The party and its candidate in the March 9 governorship poll, Mr Ifagbemi Awamaridi, had appealed the judgment of Tribunal delivered on September 23.

They insisted that Sanwo-Olu was not qualified to contest the election and that the governor did not win the poll.

The respondents in the appeal included the Independent National Electoral Commission (INEC), Governor Sanwo-Olu, All Progressives Congress (APC), INEC’s Residential Electoral Commissioner in Lagos, Returning Officer for the Lagos State Governorship Election, the Commissioner of Police in Lagos, and the Nigerian Army.

Justice Hannatu Sankey, who read the lead judgement of the panel, however, affirmed the decisions reached by the Tribunal.

According to the court, LP failed to produce any oral or documentary evidence through witnesses and other channels to establish the fact that Sanwo-Olu was not qualified to contest the election or did not win the poll.

It ruled that the petitioner went on a “Columbian journey of making assertions with nothing to back it up,” and thereby dismissed the appeal in its entirety.

Dead On Arrival?

 

The appellate court also upheld the Tribunal’s decision that no proof of allegation of collusion and assault against officers of the Nigerian Army was provided by the appellants.

It added that no sufficient fact was provided to substantiate the allegation of electoral malpractices at the polling units against the respondents.

“The appeal is lacking in merit and is hereby dismissed. I hereby uphold the judgment of the Lagos State Election Petition Tribunal,” Justice Sankey held.

All the other four justices of the court affirmed and concurred with the lead judgement.

In a related development, the court also dismissed an appeal filed by the Alliance for Democracy (AD) and its governorship candidate, Owolabi Salis, also challenging Governor Sanwo-Olu’s victory.

In a unanimous decision, Justice Ayobode Shodipe, who read the lead judgement, held that the appeal of AD lacked merit and was “dead on arrival.”

“The appeal is seriously lacking in merit and is hereby dismissed. The seven issues of the appellant (Salis) are hereby resolved against him,” Justice Shodipe ruled.

Meanwhile, the appellate court ordered that a cost of N200,000 should be awarded against the appellants in favour of each six of the seven respondents.

The Commissioner of Police in both appeals was, however, exempted while the total cost awarded against the appellants was N2.4 million.

Appeal Court Sacks Benue Assembly Deputy Speaker

 

The Court of Appeal sitting in Makurdi, the Benue State capital has affirmed the decision of the National and State House of Assembly’s Election Tribunal, sacking the Deputy Speaker, Christopher Adaji, as the lawmaker representing Ohimini state constituency on the platform of the Peoples Democratic Party (PDP).

The presiding Judge of the three-man panel, Honourable Justice I. G. Mbaba, who delivered the lead judgment in the separate appeals filed by the PDP and Mr Christopher Adaji said the appeals lacked merit.

Justice Mbaba agreed with the decision of the Tribunal that the declaration and return of Adaji by the Independent National Electoral Commission (INEC) as winner of the 2019 Ohimini State Constituency election, without rerun in Otega and Ogadagba was invalid by reason of non- compliance with Electoral Act 2010 (as amended).

The Appellate Court further held that the findings of the Tribunal have not been appealed.

“I find no merit in this appeal,” Justice Mbaba held and consequently dismissed same.

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He, therefore, issued an order directing INEC to conduct fresh election in the two polling units within 90 days from the day of the judgment, as earlier ordered by the Tribunal.

Justice Mbaba further awarded the cost of N200, 000 only in each of the appeals against the appellants as cost.

INEC had returned Adaji winner with a margin of 397 votes, which is less than 1, 056 votes cancelled in the two polling units complained of at the end of the March 9, 2019, Obimini State Constituency election.

Appeal Court Affirms Okorocha’s Election As Senator

Okorocha Sets Up 21-Member Transition Committee
A file photo of Senator Rochas Okorocha.

 

 

The Court of Appeal sitting in Owerri, the Imo State capital has upheld the election of Senator Rochas Okorocha as the lawmaker representing Imo West district.

Justice R. Ada who chaired a panel of judges in the case read the judgement on Thursday.

The court, however, held that the appeals filed by Senator Osita Izunaso of the All Progressives Grand Alliance (APGA) and Jones Onyereri of the Peoples Democratic Party (PDP) lacked merit.

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

Both men had challenged the election of the former governor who contested the February 23 election on the platform of the All Progressives Congress (APC).

The appellate court, however, ruled that the judgement of the Election Petitions Tribunal which upheld Senator Okorocha’s election was in order.

It noted that the petitioners were unable to prove their allegations of over-voting, mutilation of electoral results, violence, and the hijacking of electoral officers.

The court added the allegation of declaring the results under duress as claimed by the returning officer in the poll could not be proved.

Appeal Court Overrules Tribunal’s Decision, Affirms PDP Rep’s Election

Ex-Adamawa Deputy Governor Tahir Dumps PDP For APC

 

The Court of Appeal sitting in Akure, Ondo State has affirmed the election of a member of the House of Representatives, Mr Bamidele Salam.

Mr Salam, who won on the platform of the Peoples Democratic Party (PDP), represents Ede North, Ede South, Egbedore, Ejigbo Federal constituency of Osun State in the lower chamber of the National Assembly in Abuja.

The appellate court upheld his victory in the February 23 poll in a unanimous decision of three justices read by Justice Muhammed Danjuma on Friday in the Ondo State capital.

It quashed the decision of the Election Petitions Tribunal delivered on September 2 which ordered a fresh election in 12 polling units of the constituency.

READ ALSO: Anambra Govt Restricts Movement Of Fuel-Laden Trucks

Salam’s victory was challenged by Adejare Bello of the All Progressives Congress (APC) who secured the initial victory at the Tribunal which sat in Osogbo, the Osun State capital.

The appellate court, however, ruled that the Tribunal erred in law when it held that there was over-voting in the affected polling units which necessitated a supplementary election to decide a winner.

It stated that the Tribunal wrongfully applied the provisions of the Electoral Act in determining over-voting as the records presented before it did not prove the allegations of the petitioner.

The court also held that the fact that the PDP candidate led with 1,710 votes even after the wrongful cancellation of votes in the affected 12 polling units should have been taken into cognisance by the Tribunal rather than ordering a rerun election.

Reacting to the judgement, Salam dedicated the victory to God and the people of good conscience in the country.

He admitted that it was quite challenging to have gone through all the stress but insisted that it was for a purpose which God knew.

“I can only show my gratitude to God and my constituents by dedicating myself afresh to greater, better, and untiring selfless service,” the lawmaker said.

Appeal Court Overrules Sharia Court Over Herders Eviction In Jigawa

BREAKING: Jigawa Deputy Governor Wins Senatorial Seat

An appeal court sitting in Dutse, the Jigawa State capital on Tuesday, overruled an eviction order for herders’ settlement by an Upper Sharia Court.

The appeal was filed by Muhammad Jingi, a resident of Fagam District, Gwaram Local Government Area, through his counsels Baffa Alhassan and Hafizu Abubakar.

Both men provided free legal services to the evicted herders.

The respondent was the District Head of Fagam, Auwalu Adamu, who earlier instituted the case in the Sharia court claiming Mr Jingi’s land settlement after the latter failed to renew his annual settlement dues.

READ ALSO: CJN To Swear In 38 Senior Advocates Of Nigeria 

Previously, the Sharia Court sitting in Gwaram ruled in favour of the District Head, ordered the herders to vacate their settlement in Fagam District.

Delivering the lead judgement, which was adopted by one other judge Abubakar Sambo, Justice Umar Sadiq held that the upper Sharia Court lacks the jurisdiction to entertain such matter.

The judge stated further that “all the five Emirate Councils in Jigawa State were the creation of the law.”

In the verdict, Justice Sadiq said, “in the result, the trial by the Gwaram Upper Sharia Court without jurisdiction has hereby voided the decision and the consequential order are hereby set aside, the appeal succeeds.”

After the court session, the appellant lawyer, Hafizu Abubakar, said the judgement is well delivered and justice was served by the judgement.

“The court as we rightly complained declared that the upper Sharia Court has no jurisdiction to entertain the case and the claimant has no right over the land he claimed,” he said.

The respondent’s lawyer, Fa’izu King, however, said although the judgement is against his client, “I can’t say we’re going to appeal or not considering the well-delivered judgement.”

He concluded that “We’re going to study the record and decide on the next step,”

Appeal Court Upholds Petitions Challenging Sanwo-Olu’s Victory

Swearing-In: Salis Is Seeking Relevance After Election Loss, Says Sanwo-Olu
A file photo of Lagos State Governor, Mr Babajide Sanwo-Olu.

 

 

The Court of Appeal sitting in Lagos has set aside the judgment of the Lagos State Governorship Election Petitions Tribunal which dismissed the petition of the Alliance for Democracy (AD) and its candidate, Mr Owolabi Salis.

The court lead by Justice Hussein Mukthar also set aside the judgment in the appeal filed by Labour Party and its candidate, Mr Ifagbemi Awamaridi, challenging Governor Babajide Sanwo-Olu’s election.

In a unanimous judgment delivered on Tuesday by the five-man panel, the court held that the petitions have merit.

It, therefore, remitted them back to the lower court for expeditious hearing.

READ ALSO: Buhari Should Urgently Release All Political Prisoners – PDP

Apart from Justice Mukthar who presided, the four other justices of the appeal court include Justice Daniel-Kalio who read the judgment of the AD, Justice O. Ogbuinya who read the judgment for the Labour Party.

Others are Justice Stephen Adah and Justice B. Aliyu.

On June 17, the Lagos State Governorship Election Petitions Tribunal sitting in the Ikeja dismissed the petitions filed by the two political parties and their governorship candidates challenging the return of Governor Babajide Sanwo-Olu at the March 9 election.

A three-man panel headed by Justice Terhemen Asua held that the failure of the AD and Salis to file applications for pre-hearing conference after the close of pleadings within seven days as prescribed by law rendered their petition incompetent.

The Tribunal also held that a timely application for pre-hearing conference was a condition precedent to the hearing of the petitions and without it, the petition cannot commence or get to judgment stage.

The Petitioners, AD and Salis, had in their petitions challenged Sanwo-Olu’s victory on the ground that he was not competent to run as a governorship candidate in the election.

They also claimed that the March 9 poll was marred by violence, voting irregularities and that Sanwo-Olu could not vote or be voted for as he had no valid voter’s card.

The petitioners joined the Independent National Electoral Commission (INEC), Governor Sanwo-Olu, the All Progressives Congress (APC), and the INEC Residential Electoral Commissioner for Lagos State as respondents to the petition.

Also joined as respondents were the Returning Officer for the Lagos State Governorship Election, the Commissioner of Police and the Nigerian Army.

But the governor, through his counsel, Abiodun Owonikoko (SAN), noted that the petitioners had not filed applications for pre-trial conference hearing within seven days after the close of pleadings as stipulated by law.

The petitioners responded by quoting Section 285(8) of the Fourth Alteration of the 1999 Constitution which they said does not permit any electoral petition to be terminated at the interlocutory stages.

But the Tribunal held that the section was not applicable because an application for the pre-hearing conference was a precondition for election petitions.

Appeal Court Orders Dasuki Release From DSS Custody

Again, Nigerian Government Seeks Secret Trial For Dasuki, ex-NSA Objects

 

The Court of Appeal in Abuja has declared the detention of former National Security Adviser Colonel Sambo Dasuki retired since December 29, 2015, by the Department of State Security Service (DSS) as illegal, unlawful and unconstitutional and ordered his release on conditional bail.

The appellate court held that the DSS and its Director General acted outside their constitutional powers on the long period of the detention of a Nigerian citizen and imposed a fine of N5m on them to be paid to Colonel Dasuki as compensation for breach of his fundamental right.

In a unanimous judgment of a 3 – man panel of Justices of the court led by Justice Tinuade Akomolafe- Wilson, the court held that the fundamental right of the ex NSA had been brazenly and brutally breached by the prolonged detention without trial in any fresh charge or investigation contrary to the provisions of the 1999 constitution.

In the lead judgment of Justice Akomolafe- Wilson, Dasuki was subsequently admitted to bail in the sum of N100m and two sureties in the like sum.

The two sureties shall be serving public servants, not below the status of level 16 officers in either state or public service of the Federal or any of its agencies and shall produce valid documents of his or her status to the registrar of the federal high court in Abuja.

Each surety must be resident within the jurisdiction of the high court and other physical address must be verified by the court registrar and shall also produce two recent passport size photographs in addition to deposing to an affidavit of means.

READ ALSO: Atiku, PDP Continue Defence At Presidential Election Tribunal

The sureties each shall furnish evidence of ownership of property in the Federal Capital Territory worth N100m

The appeal court ordered that the DSS and its Director General should not detain Dasuki again and that whenever he is required on any allegation, it must be conducted within the working days and from 9am to 6pm for him to go home.

The court also ordered that the international passport of the ex NSA shall remain with the Deputy Chief Register of the high court for the time being.

A federal high court Judge justice Ijeoma Ojukwu had on July 2, 2018, admitted Dasuki to bail on conditions the NSA complained to be too harsh and stringent for him his family to perfect especially deposit of N100m to the high court registrar by his sureties before he can be released on bail.

The appeal court Justices set aside the harsh and stringent bail conditions of the judge for being outlandish and replaced them with the fresh ones.

The court commended the findings of facts by the judge that Dasuki had been dehumanized by his prolonged detention but disagreed with her on the refusal to award damages as compensation to assuage the injuries inflicted on the ex NSA.

“In my avowed view, the learned trial judge misconceived the prayer of the appellant and erroneously interpreted relief 4 for bail as an alternative prayer to relief 7 for damages”.

“This error occasioned a miscarriage of Justice by the failure to award damages which is a natural consequence for the finding that the fundamental right of the appellant has been grossly violated; upon which the court heavily deprecated the action of the 1st and 2ndRespondents.

“The established principle of law as amplified in a plethora of authorities is to the effect that award of damages must flow naturally once the court finds that the fundamental right of an individual has been breached with legal justification. The compensation is automatic, and ought to be granted, even when the aggrieved party does not pray for compensation.

“The judiciary is the main institution charged with the responsibility for the protection and enforcement of human rights. The fundamental rights intentionally entrenched in our constitution must, therefore, be jealously guarded and protected through practical pronouncements of reliefs granted by the courts so as to assuage citizens whose fundamental rights have been violated”.

“Under no guise or any circumstance whatsoever should the court shy away from the hallowed role. It is common knowledge that a threat to the right of one individual is a threat to the right of all. Democracy, which we value exceedingly in this country cannot be successful if respect for human rights and constitution is wobbling.

“The point I am putting across is that effective judicial protection of human rights is an indispensable component of order and good governance so as not to weaken the confidence of the people in seeking for judicial enforcement and remedies of their rights.

“I am conscious of the fact that the lower court heavily deprecated the act of the 1st and 2ndrespondents for the unlawful continued detention of the appellant especially were three courts, including the ECOWAS court, had impugned their action of the violation of the appellant right.

“The respondents neither cross-appealed nor filled a respondent’s notice on this issue. The decision of the trial court on the finding that the appellant’s fundamental rights were unlawfully breached is therefore extant. I will, therefore, say no more on this point.

“I am conscious of the fact that the issue of bail, its grant and the fixing of terms are entirely at the discretion of the court. Such discretion must, however, be exercised judicially and judiciously. Each case must be determined on its own peculiar circumstances.

“In the instant case, the appellant had previously been granted bail by three different courts. The conditions for the bail have been fulfilled and there is no incidence of breach of the conditions granted. The law is settled that the main function of bail is simply to ensure the presence of an accused person at his trial.

“The most important consideration in fixing the terms for bail, therefore, is whether the applicant will not escape justice. The law is also settled that stringent and severe conditions are granted only where there is the likelihood that the applicant might jump bail. Generally, it is against the spirit of the constitution to impose excessive and stringent conditions for bail, as that will be tantamount to a refusal of bail.

“In this case, the trial court made an order for the retention of the appellant’s international passport and also found that the likelihood of him jumping bail is “short-circuited,” where the likelihood of the appellant jumping bail is obviated, the bail conditions ought to have been on more liberal terms.

“In the circumstances of this case, especially having regard to the findings of the court as analyzed in the foregoing, the condition for the deposit of one hundred million naira by the appellant’s surety as a deposit for his bail is most unnecessary punitive, onerous and unjustifiable. There is no conceivable reason for such oppressive bail condition as granted by the trial court.

The appeal court, therefore, ordered that Dasuki must be allowed to go home on bail upon his perfection of the fresh bail conditions.

The judgment was endorsed by Justice Peter Olabisi Ige and Justice Emmanuel Akomaye Agim.

Osun Election: Appeal Court Set Aside Judgement Which Voided Adeleke’s Eligibility

File photo of Senator Ademola Adeleke at the magistrate court in Abuja. PHOTO: Sodiq Adelakun/Channels TV

 

The Court of Appeal in Abuja has set aside the judgement by a High Court which voided the eligibility of Senator Ademola Adeleke in the last Osun State governorship election.

The People’s Democratic Party (PDP) and Adeleke had earlier approached the Court of Appeal challenging the April 2, 2019 judgment by Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, which voided Adeleke’s candidacy for the election on the grounds that he was not qualified, having not possessed a valid secondary school certificate.

RELATED: Appeal Court Sets Aside Judgement Nullifying Senator Nwaoboshis Election

However, in a unanimous judgment of the appeal court delivered by Justice Peter Agim on Thursday, the appellate court set aside the judgment of the lower court.

Justice Agim held that the lower court lacked jurisdiction to have entertained the suit in the first place because it was filed outside the 14 days envisaged by the law to file a pre-election suit.

Justice Agim said another reason why the judgment of the lower court is a nullity is because the judgment was delivered 209 days after the course of action was filed is outside the 180 days envisaged by law for a judgment in a pre-election matter to be written and delivered.

The appellate court also held that Justice Othman lacked territorial integrity to have heard the suit in the first place because a high court in the FCT cannot seat over a pre-election matter that has to do with the governorship election in Osun State.

The court also held that it was a gross miscarriage of the appellant’s right to fair hearing for the lower court not to have considered all the documents and facts placed before it before reaching a decision that the lawmaker falsified his educational qualifications.

The court also held that it is curious that the lower court abandoned the evidence it asked for from WAEC and not considering the said documents. This is a wrong approach.

Justice Agim, in conclusion, said the appeal succeeds and is upheld. He set aside the judgment of the lower court delivered by Justice Othman.

The first and second respondent was also ordered by the court to pay N3million to Senator Adeleke as cost.

Appeal Court Sets Aside Judgement Nullifying Senator Nwaoboshi’s Election

Nwaoboshi Appeals Judgment Sacking Him As Delta North Senator-Elect
A file photo of Senator Peter Nwaoboshi.

 

The Court of Appeal has set aside the judgment of the Federal High Court which sacked Senator Peter Nwaoboshi as the senator-elect for Delta North senatorial district.

The ruling of the lower court was set aside on Thursday in a lead judgment read by Justice M. B. Idris.

Justice Idris held that after a forensic examination of the affidavits and exhibits filed, the court came to conclusions that the cause of complaint was the primary election which held in Delta North senatorial district.

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He added that at the time, Mr Ned Nwoko filed the suit challenging the primary it was status barred and did not meet the required 14 days for which a pre-election matter can be filed and the Federal High Court had no business entertaining the suit.

In April, Justice Ahmed Mohammed of the Federal High Court in Abuja held that Senator Nwaoboshi, who is a serving senator, was not the winner of the Peoples Democratic Party (PDP’s) primary held on October 2, 2018.

He, thereafter, ordered the Independent National Electoral Commission (INEC) to publish the name of Ned Nwoko as the candidate of the PDP, having established the fact before the court that Nwoko scored a majority of the lawful votes at the primary.

Justice Mohammed had also ordered Senator Nwaoboshi from parading himself as the candidate of the PDP for the senatorial zone.

Mr Nwoko, through his counsel Ahmed Raji, had dragged INEC, the PDP, and Senator Nwaoboshi before the court.

He sought an order to stop INEC from publishing or further publishing the name of Senator Nwaoboshi as the candidate for Delta North Senatorial District.