This was after the lawyer representing Senator Ubah adopted his written address urging the court to sustain their appeal.
Lawyers to two of the respondents, while adopting their written addresses urged the court to dismiss the appeal on the ground that the court lacks the jurisdiction to entertain the appeal and that it is status barred.
Justice Bello Kawu of the Federal Capital Territory High Court sitting at Kubwa, had in a judgment delivered on April 11, 2019, sacked Senator Ubah from the senate on the premise that he allegedly used a forged National Examination Council (NECO) certificate to contest the senatorial election that held in Anambra South on February 23, 2019.
Justice Kawu directed the Independent National Electoral Commission (INEC) to withdraw the certificate of return which it issued to Senator Ubah and issue a fresh one to Dr Uzoh of the Peoples Democratic Party (PDP), who came second at the election.
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.
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).
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.
The Court of Appeal complex of the Asaba division in Delta State will be completed and inaugurated on February 3, 2020.
Governor Ifeanyi Okowa disclosed this on Tuesday after inspecting the ongoing work at the complex located at Mariam Babangida Way in Asaba.
He also expressed satisfaction with the level of work done so far on the project, noting that the court would bring relief to Deltans who previously had to travel long distances to other states to seek justice.
Delta State is one of the four states which have been approved to have Courts of Appeal – a development that the governor says would help ensure speedy delivery of justice for the people.
Okowa also inspected the Traditional Rulers Council Secretariat project where he acknowledged the contributions of traditional rulers to the development of the state, particularly in ensuring peaceful co-existence in their domains.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.