Dasuki: Appeal Court Varies Bail Condition, Faults Choice Of Civil Servants As Sureties

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 acceded, to the request of the detained former National Security Adviser, Colonel Sambo Dasuki for the variation of the terms attached to the bail earlier granted him.

In a unanimous judgment, a three-man panel of the court expunged the requirement that Dasuki produced a Level 16 civil servant, who must own a property worth N100million within the Federal Capital Territory (FCT) as surety.

Justice Stephen Adah, in the lead judgment, said the inclusion of civil servants as surety was an oversight on the part of the court.

He ordered that Colonel Dasuki should instead; produce two sureties, with property worth N100 million within the FCT.

READ ALSO: Court Upholds Ojezua As APC Edo Chairman

Colonel Dasuki, who is currently being held in the custody of the Department of State Services (DSS) despite being granted bail, challenged his continued detention (since December 2015) before the Federal High Court in Abuja via a fundamental rights enforcement suit.

In a judgment on July 2, 2018, the Federal High Court granted Dasuki bail but attached conditions, which the ex-NSA found too stringent to meet.

He asked to the appeal court on that issue and sought a review of the bail conditions, a request the appellate court acceded to in its decision of June 13, 2019.

Part of the new conditions set by the Court of Appeal was that Dasuki produces a surety, who must be a Level 16 official in the Civil Service of either the Federal or state government, who must own a property worth N100m within the Federal Capital Territory (FCT).

Dasuki found this part of the latest conditions difficult to meet and returned to the court, via an application, and prayed for a further review.

He stated, in the application that it was difficult to find a Level 16 Civil Servant who could own N100m worth of property in Abuja through his legitimate earnings.

Justice Adah, in the Appeal Court judgment, said the court’s decision to request that Dasuki produce a civil servant as surety was an oversight.

He said: “Of concern to us is that we as a court must be ready and sensitive enough not to do anything that will run against the laws of the land.

“The issue of involving civil servants or public officers in the service of the federation or the state in bail of people accused of offences has never been the practice anywhere that is civilised, and we should stop it at this level.

“It was an error that we allowed that to stay. So, it is in this respect that we will act ex debito justitiae (as a matter of right) ensuring that aspect of the condition is removed from the conditions of bail that were granted.

“It is in this respect that we grant this application, thereby inaugurating a new regime of bail. Bail is now granted to the appellant/applicant in the sum of N100m with two sureties in like sum.

“The sureties shall be resident within the jurisdiction of the trial court and each of which shall furnish evidence of ownership of the property in Abuja. This shall be the order of the court,” Justice Adah said.

Justices Abubakar Yahaya and Emmanuel Agim, who were also on the panel, agreed with the lead judgment.

Appeal Court Affirms Darius Ishaku As Taraba Governor

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

 

The Court of Appeal sitting in Abuja has upheld the judgment of the Taraba state governorship election petition Tribunal, which affirmed Mr Darius Ishaku of the People’s Democratic Party (PDP), as the duly elected Governor of the state.

A five-man panel of the court led by Justice Chidi Uwa held that the All Progressive Congress (APC) had no candidate in the March 9, 2019 governorship election in Taraba state, by virtue of the disqualification of Mr Abubakar Danladi, by a Federal High Court in Jalingo on the 6th of March 2019.

READ ALSO: Court Restrains NAFDAC, Others From Releasing Banned Chemical

The Taraba State Governorship Election Petition Tribunal had on the 20th of September 2019, delivered a judgment that Mr Danladi was not qualified to contest the 2019 election and that the appellants failed to prove their claims that the election was marred by irregularities and failure to comply with the electoral act. It dismissed the appeal for lacking merit.

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
File photo

 

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.