Appeal Court Dismisses Ogboru’s Appeal, Upholds Okowa’s Victory As Delta Governor

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

 

The Court of Appeal in Abuja has dismissed the case filed by the candidate of the All Progressives Congress (APC), Great Ogboru on the March 2019 Governorship Elections in Delta state for lacking in merit.

A unanimous decision by a panel of five justices affirmed the decisions of the tribunal which upheld the victory of Ifeanyi Okowa as Governor of the state.

Mr. Ogboru had approached the appellate court in a bid to upturn the September judgement of the elections tribunal that dismissed its petition seeking the cancellation of the March 2019 elections in which Okowa was declared a winner for lacking in merit.

READ ALSO: 2019 Presidential Election: Buhari ‘Eminently’ Qualified, Supreme Court Rules

The APC candidate who appealed on 37 grounds stated that the tribunal erred on the point of law.

He contended that the total number of votes declared for the PDP candidate outnumbered the total number of accredited voters during the elections.

But the appeal court ruled in favour of the respondent, Ifeanyi Okowa on the ground that the appellant is unable to prove the case.

The panel also held that the appellant was unable to mention at least one accredited voters who did not vote in the election, nor was he able to call at least an agent of the political party who on the point of law is the most qualified person to testify in a case of over-voting.

The court, however, dismissed the entire appeal for lacking in merit.

It affirmed the decisions of the tribunal which upheld the victory of Ifeanyi Okowa in the March 2019 governorship election.

No cost was however awarded against the appellant.

Delta Election: Court Reserves Ruling In Appeal Filed By APC’s Great Ogboru

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

 

The Court of Appeal sitting in Abuja has reserved judgment in the appeal filed by the candidate of the All Progressive Congress, Chief Great Ogboru, against the election of Senator Ifeanyi Okowa as the Governor of Delta State.

A five-man panel of the court led by Justice Uzo Ndukwe-Anyanwu, reserved judgment on Monday after the lawyers to the parties in the appeal adopted and argued their final briefs.

Chief Ogboru is seeking a reversal of the decision of the Delta State governorship election petition tribunal which returned Senator Okowa as the winner of the March 9 governorship election.

He had raised 37 appeals through his lawyer, Mr Nicholson Ichekor, upon which he is asking the court of appeal to set aside the entire judgment of the tribunal.

The APC candidate alleged over-voting and non-compliance with the Electoral Act.

Appeal Court Sacks Senate Spokesman, Adeyeye

Adeyeye To Dump PDP, Blames Fayose For Loss At Primary
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The Kaduna Division of the Court of Appeal has nullified the election of spokesman of the Senate, Senator Dayo Adeyeye.

The Appellate Court subsequently upheld the tribunal judgment which declared Senator Biodun Olujimi and the candidate of the Peoples Democratic Party as winner of the Ekiti South Senatorial election held on February 23.

The Independent National Electoral Commission had declared Dayo Adeyeye of the All Progressive Congress as winner of the February 23 , 2019 National Assembly election , but Mrs Olujimi challenged the result at the tribunal on the grounds that she scored the highest number of votes cast.

READ ALSO: Ekiti South: Tribunal Sacks Senate’s Spokesman Adeyeye, Declares Olujimi Winner

In her petition, Senator Olujimi asked the tribunal to nullify Adeyeye’s victory on the grounds that the election was marred by massive irregularities .

In her written address, the petitioner claimed that the election was not conducted in substantial compliance with the provisions of the Electoral Acts, having been allegedly fraught with all manners of irregularities. The tribunal in its judgment nullified elections in some polling units and declared Mrs Olujimi the authentic winner of the polls.

Dissatisfied with the tribunal judgment, both Adeyeye and His party, APC filed a petition at the court of appeal asking it to set aside the ruling of the lower court.

However, while delivering a unanimous judgement on Wednesday in Kaduna state, , Justice Uzor Anyanwu upheld the judgment of the tribunal and ordered INEC to issue fresh certificate of return to Senator Biodun Olujimi.

Appeal Court Upholds Senator Sani’s Election, Dismisses PDP’s Petition

Bauchi Assembly Crisis: Court Orders Parties To Maintain Status Quo

 

A Court of Appeal sitting in Kaduna State has upheld the election of Senator Uba Sani as the lawmaker representing Kaduna Central senatorial district in the National Assembly.

Senator Sani, a former political adviser to Governor Nasir El-Rufai of Kaduna State won the February 23 National Assembly election in the zone with 355,242 votes.

He defeated his closest rival in the poll, Lawal Adamu, of the Peoples Democratic Party (PDP) who polled 197,497 votes.

READ ALSO: Edward Onoja Sworn In As Kogi Deputy Governor

Adamu and his party had petitioned the Election Petitions Tribunal alleging that the exercise was marred by massive rigging, ballot-box stuffing and snatching, as well as intimidation of voters among other claims.

The Tribunal had dismissed their petition for lack of merit but the appellants were not satisfied with the judgement, prompting them to challenge the verdict at the appeal court.

In a unanimous judgment delivered on Monday, the appellate court dismissed Adamu’s suit for lacking in merit and upheld Senator Sani’s election.

The court agreed with the August 24 judgement of the Tribunal which ruled that the petitioners failed to provide substantial evidence of all the allegations contained in their petition.

Following the ruling of the court, counsels to the PDP and its candidate did not react.

Counsel to Senator Sani, Sule Shuiabu, on his part, described the judgement as victory for democracy and rule of law.

He added that both judgments by the Tribunal and the Appellate Court were a clear affirmation of the wish of the people of Kaduna Central district who voted overwhelmingly for his client.

PHOTOS: Security Operatives Barricade Appeal Court Premises

PHOTOS: Channels TV/Sodiq Adelakun

 

A combined team of security operatives from the Army, Police and Civil Defence have barricaded the premises of the Court of Appeal in Abuja.

The appellate court serves as the venue for the ongoing Presidential Election Petition Tribunal.

See Photos Below:

 

Appeal Court To Deliver Judgment In Onnoghen’s Appeal Today

 

The Court of Appeal has has fixed Friday to deliver judgement in the various appeals filed by the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

Justice Onnoghen had filed various appeals concerning his trial at the Code of Conduct Tribunal where he was tried and convicted for false asset charges.

READ ALSO: Onnoghen’s Conviction ‘A Major Victory’ For Anti-Corruption War, Says Presidency

It is not clear which of the appeals pending at the appeal court will be decided on Friday, but some of the appeals before the appellate court include an appeal against the decision of the chairman of the tribunal mister , Danladi Umar, who refused to recuse himself from the matter on allegation of bias by justice Onnoghen.

Justice Onnoghen is also challenging the legality of his trial at the CCT.

He is also challenging the order of the tribunal which instructed the president to suspend him from office, an order President Muhammadu Buhari relied on to suspend the chief justice.

[UPDATE] Statutory Levies: Appeal Court Dismisses NLNG Suit Challenging NIMASA’s Powers

 

The Court of Appeal sitting in Lagos, today has dismissed a judgment of the Federal High Court, which declared as illegal, levies imposed on Nigeria Liquefied Natural Gas (NLNG) by Nigerian Maritime Administration and Safety Agency (NIMASA).

The NLNG in 2013, had approached the Federal High Court, seeking a judicial determination of (among other things), the legality or otherwise of the levies sought to be imposed on it by NIMASA, on behalf of the Federal Government and the consequent blockade of the Bonny Channel by NIMASA and its agents as a result of the dispute.

In Oct 2013, the Federal High Court, Lagos, presided over by Justice Muhammed Idris, (who has now been elevated to Court of Appeal) held that NLNG, was not liable to pay three percent gross freight on its international inbound and outbound cargo, Sea Protection Levy, two per cent cabotage surcharge on all activities carried out for and on its behalf, as well as other sundry claims, as insisted by NIMASA.

Justice Idris also held that NLNG was not liable to make the said payments to NIMASA and that all payments already made by NLNG to NIMASA should be refunded to NLNG forthwith.

The judge further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against NLNG.

Dissatisfied with Justice Idris’ decisions, NIMASA filed an appeal before the Appeal Court in Oct 2017, challenging the judgment on the ground of fair hearing among other grounds.

In a unanimous judgment delivered today, Friday the three-man panel of the Court of Appeal led by Justice Garuba Lawal held that the Federal High Court was wrong.

They, therefore, dismissed the judgment of the lower court for lack of fair hearing

Read Also: Court Revokes Nnamdi Kanu’s Bail, Orders His Re-Arrest

The Appeal Court also ordered that the matter be taken back to the Federal High Court and be reassigned to another judge for retrial.

The judgment which was read by Justice Joseph Ikyegh, on behalf of the panel members held: “The appeal is allowed, and the judgment delivered by the lower court in October 2017 is hereby set aside”.

“The case is hereby ordered to be sent back to the administrative judge of the Lagos Division of the lower court to be assigned to a judge for expeditious determination on its merit.

‘Parties are to bear the administrative cost of the appeal.”

In its suit before the court of appeal, NIMASA claimed that NLNG is liable to pay three per cent gross freight on its international in-bound and out-bound cargo as sea protection levy.

It also claims NLNG is to pay two per cent cabotage surcharge on all activities carried out for and on its behalf as well as other sundry claims.

All of these claims were, however, disputed by the NLNG which claimed it lost about 475 million dollars while NIMASA blocked Bonny Channel.

NIMASA says that with today’s judgment, the status quo is to remain and NIMASA will continue to collect statutory levies from NLNG on behalf of FG.

Court Reduces Jolly Nyame’s Jail Term, Orders Him To Pay N495m Fine

Court Denies Ex-Taraba Governor Nyame Bail
File photo: Jolly Nyame

 

The Court of Appeal in Abuja has reduced the jail term of the former governor of Taraba State, Reverend Jolly Nyame from 14 years to 12 years.

The court also fined the former governor the sum of N495million.

The lead judgment on Friday held that the lower court erred when it took it upon itself not to impose fine as such in counts 1, 2 and 6 that have to do with criminal breach of trust.

RELATED: Appeal Court Reduces Dariye’s Jail Term To 10 years

A High Court of the Federal Capital Territory, Gudu, Abuja had earlier this year sentenced the former to 14 years imprisonment after being convicted of misappropriating N1.64 billion from the state’s treasury through shoddy stationery contracts which he awarded at the tail of his eight years administration in 2007.

Buhari Approves Appointment Of 21 New Judges For Appeal, High Courts

File Photo

President Muhammadu Buhari has approved the appointment of new Judicial Officers for the Court of Appeal, Federal High Court and the High Court of the Federal Capital Territory on the recommendation of the National Judicial Council.

A total of 12 news judges were approved for the Court of Appeal, nine judges approved for the Federal High Court.

Also, seven judges were approved for the High Court of the Federal Capital Territory.

 

The twelve Justices approved for the Court of Appeal are:

  1. Hon. (Mr) Justice P. A. Mahmud
  2. Hon. (Mr) Justice F. O. Ojo
  3. Hon. (Mr) Justice I. A. Andenyangsto
  4. Hon. (Mr) Justice G. O. Kolawole
  5. Hon. (Mr) Justice B. B. Aliyu
  6. Hon. (Mr) Justice Ebiowei Tobi
  7. Hon. (Mr) Justice J. G. Abundaga
  8. Hon. (Mr) Justice A. S. Umar
  9. Hon. (Mr) Justice A. M. Talba
  10. Hon. (Mr) Justice A. M. Bayero
  11. Hon. (Mr) Justice A. M. Lamido
  12. Hon. (Mr) Justice M. B. Idris

 

The nine judges approved for the Federal High Court are:

  1. Sunday Bassey Onu
  2. Mrs. Adefunmilola Adekemi Demi-Ajayi
  3. Hon. (Mr) Justice Peter O. Lifu
  4. Obiora Atuegwu Egwuata
  5. Sa’adatu Ibrahim Mark (Mrs)
  6. Mobolaji Olubukola Olajuwon
  7. Aminu Bappa Aliyu
  8. Tijjani Garba Ringim
  9. Nkeonye Evelyn Maha

 

The seven Judges for the High Court of the Federal Capital Territory are:

  1. Binta Mohammed
  2. Modupe Osho-Adebiyi
  3. Gaba Venchak Simon
  4. Babangida Hassan
  5. Akobi Iyabeni Anna
  6. Samirah Umar Bature
  7. Asmau Akanbi Yusuf

 

The Justices of the Court of Appeal will be sworn-in by the Honourable Chief Justice of Nigeria and Chairman, National Judicial Council, Justice W. S. N. Onnoghen on Friday June 22, 2018, by 10.00 am.

Those appointed for the Federal High Court will be sworn-in on Monday, June, 25 2018, at 2.00 pm.

Judges appointed for the High Court of the FCT are to be sworn-in on Tuesday, June 26, 2018, by 2.00 pm at the Main Hall of the Court Room of the Supreme Court of Nigeria.

Extradition: Kashamu Challenges Appeal Court Decision, Approaches Supreme Court

Extradition: Kashamu Challenges Appeal Court Decision, Approaches Supreme Court
File photo

 

The lawmaker representing Ogun East senatorial district, Senator Buruji Kashamu, has approached the Supreme Court asking it to enforce his rights.

Through his lawyers, Senator Kashamu filed two notices of appeal at the apex court, urging it to set aside the judgement of the Court of Appeal which dismissed his fundamental rights suit on Friday last week.

READ ALSO: Kashamu Loses Appeal As Court Vacates Injunction Restraining Extradition

Addressing reporters on Tuesday in Lagos after filing the suit, the lawmaker noted that the appellate court erred in law and occasioned a miscarriage of justice by dismissing his objections.

He also argued that his affidavit before the Court of Appeal was full of facts showing the conclusion of a plot by the Attorney-General of the Federation (AGF) and others to purportedly abduct and transport him to the United States to face trial over alleged offences in respect of which he had been exonerated.

Senator Kashamu added that the Court of Appeal was wrong in assuming that he ought to wait until the plot to have him abducted had been executed before he approached the court for redress.

He further took a swipe at certain interpretations given to the Court of Appeal judgment.

The lawmaker urged the Attorney-General Of the Federation not to allow his office to be used to punish an innocent Nigerian, in a bid to satisfy the desire of some political opponents or external forces whose interest was to seek and gain political advantage.

Illegal Petroleum Deals: Appeal Court upholds Conviction of 14 Foreigners

Court Jails Man For Raping Minor In Ekiti

The Court of Appeal Sitting in Lagos has dismissed the appeal filed by 14 foreigners who challenged their conviction by a Federal High Court for illegal dealing in petroleum products.

In a unanimous judgment read by Justice Garba Haruna on Tuesday, the appeal court panel held that the appeal of the foreigners lacked merit.

The Federal High Court, Lagos had convicted the 14 foreigners for dealing in petroleum products in Nigeria without lawful authority.

The court also ordered the forfeiture of the vessel, MT Anuket Emerald, loaded with crude oil estimated at 1,738.087 metric tons.

Also forfeited to Federal Government of Nigeria are 1,500 metric tons of Automated Gas Oil as well as 3,035 metric tons of Low Pour Fuel Oil.

The prosecutor, Mr Rotimi Oyedepo, had told the court that the men were handed over to the EFCC by the Nigerian Navy which on March 27, 2015 intercepted them with their vessel, MT Anuket Emerald, loaded with crude oil estimated at 1,738.087 metric tons.

The foreigners were equally said to have been found in unlawful possession of 1,500 metric tons of Automated Gas Oil as well as 3,035 metric tons of Low Pour Fuel Oil.

To prove the allegations against the convicts, Mr Oyedepo called seven witnesses, while the defense counsel, Mr Babajide Koku (SAN), called three witnesses.

In his judgment, Justice Buba said he was satisfied that the prosecution proved its case against the defendants beyond reasonable doubts, adding that he had no difficulty in convicting the foreigners on all the five counts preferred against them.

The judge then sentenced 11 out of the 14 convicts to two years imprisonment each with an option to pay a fine of N5 million each on the five counts levelled against them.

The Court also said the sentence would run from last year March when they were arrested by the Nigerian Navy and handed over to the EFCC.

Three of the foreigners – all Russians – who had earlier jumped bail were sentenced to five years imprisonment without an option of fine.

The judge sentenced them in absentia and issued a warrant for their arrest, emphasising that their jail term would commence on whatever day they would be re-arrested.

ICPC Investigates Ex-Court Of Appeal Justice, Tsamiya Over Alleged N200m Bribe

The Independent Corrupt Practices and Other Related Offences Commission (ICPC), has arrested a retired Justice of the Court of Appeal, Justice Mohammed Ladan Tsamiya, for allegedly demanding N200 million bribe from Mr Nnamdi Orji.

According to the commission, the bribe was in exchange for a favourable judgement in a National Assembly election case that was pending before the Imo State Judicial Division of the Court of Appeal.

ICPC said that the offence which violates Section 10 of the Corrupt Practices and Other Related Offences Act, 2000 was alleged to have been committed in 2015, when the retired Justice asked Mr Orji who was the candidate for All Progressive Grand Alliance (APGA) for Arochukwu/Ohafia Federal Constituency, to give him N200 million to enable him influence the court’s decision in his favour.

Mr Orji had approached the Court of Appeal, Imo State Division to seek redress in a case involving an alleged inflation of the result of election in Arochukwu Local Government Area of Abia State, which he had earlier lost to his opponent, Mr Nkole Ndukwe, at the National Assembly Election Tribunal.

Mr Tsamiya was alleged to have convinced the appellant of getting a favourable judgement from the court upon the payment of the money.

Justice Tsamiya has since been granted bail by the Commission upon the fulfilment of his bail conditions, even as investigation continues.