Daybreak, Politics, Entertainment, Sport

Tag: Appeal Court

  • Strike: ASUU Appeal To Overturn Industrial Court’s Ruling On Resumption

    Strike: ASUU Appeal To Overturn Industrial Court’s Ruling On Resumption

    The Academic Staff Union of Universities (ASUU) has filed an appeal to challenge a court ruling which directed the union to call off its nationwide strike.

    The appeal, filed through its legal team led by Femi Falana, a senior advocate of Nigeria, is premised on 14 grounds.

    The union is, among other things, seeking the leave of the appellate court to file the appeal pursuant to section 243 of the constitution that requires a leave of court to appeal the judgment or ruling of the national industrial court (NIC).

    ASUU is also seeking a stay of execution of the orders of the court, pending the hearing and determination of the appeal.

    ASUU has been on strike since February 14 to press home the demand for improved funding for universities, a review of salaries for lecturers, among other issues.

    Several meetings between ASUU and the federal government have ended in deadlock.

    Consequently, the federal government went to the national industrial court to challenge the strike.

    Delivering a ruling on Wednesday, Polycarp Hamman, the judge, granted the federal government’s application for an interlocutory injunction to restrain ASUU from continuing with the strike.

    The judge also ordered members of the union to resume work pending the hearing and determination of the substantive suit.

    He held that the strike is detrimental to public university students who cannot afford to attend private tertiary institutions.

  • Appeal Court Grant EFCC Right To Freeze State Govt’s Accounts

    Appeal Court Grant EFCC Right To Freeze State Govt’s Accounts

    The Federal Court of Appeal, Makurdi Division, has overturned the judgment of the Federal High Court, Makurdi holding the Economic and Financial Crimes Commission, EFCC, from freezing the account of Benue State Government for the purpose of investigations, without a court order.

    In a unanimous judgment delivered by Justice M.S. Hassan on Thursday, September 22, 2022, the appellate court held that, the EFCC has powers to place any account, (state governments’ accounts inclusive) on PND for 72hours, for the purpose of investigations, without a court order. The court also set aside the N50million damages awarded against the EFCC by the lower court.

    Justice Mobolaji Olajuwon of the Federal High Court, Makurdi, had on Tuesday, February 2, 2019 delivered a judgment, holding the EFCC from placing a PND on the account of Benue State government. Dissatisfied with the judgment, the Commission approached the Court of Appeal.

    EFCC counsel, Steve Odiase, canvassed strong arguments against the earlier judgment and the appellate court held that the EFCC acted within its powers to freeze the account of Benue State government.

    The court also held that banks are legally bound to obey orders from the EFCC on PND.

  • ASUU set to Appeal Industrial Court Ruling On Varsity Resumption

    ASUU set to Appeal Industrial Court Ruling On Varsity Resumption

    By Marcus Ikechukwu 

    The Academic Staff Union of Universities ASUU says it will appeal the order by the National Industrial Court of Nigeria (NICN) asking its members to call off the seven-month-long strike.

    The University of Abuja chapter chairman of ASUU Dr Kasim Umar stated this while reacting to the order by court in Abuja.

    Dr Umar said the national executive Council of ASUU will meet today to conclude modalities on the appeal process.

    Meanwhile the pro chacellor of the University of Abuja Prof. Ahmed Modibbo Mohammed has advised the federal government to apply caution in handling the crisis with the union.

    According to Modibbo the said a court order cannot resolve the crisis between ASUU and the government.

    Reacting to the court judgment, Professor Modibbo while appealing to both the government and ASUU to embrace dialogue in order to find a lasting solution to the strike, insisted that resorting to force was not a solution.

    He stressed that dialogue remain the best means to resolve the crisis rather than just giving a fiat order.

  • Appeal Court Adjourns Nnamdi Kanu’s Trail, Reserves Judgment

    Appeal Court Adjourns Nnamdi Kanu’s Trail, Reserves Judgment

    The Court of Appeal sitting in Abuja, today September 13, reserved its judgment on an appeal filed by the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, to quash the terrorism and treasonable felony charge the Federal Government preferred against him.

    The IPOB leader, who is currently facing trial before the Federal High Court sitting in Abuja, had through his lead counsel, Mike Ozekhome, SAN, approached the appellate court to query the legal competence of the charge pending against him. He specifically asked the apellate court to review the April 8 ruling of the trial court which struck out only eight out of the 15-count charge.

    Insisting that the charge FG entered against him had no basis in law, Kanu, in his appeal dated April 29 and marked CA/ABJ/CR/625/2022, applied to be discharged and acquitted. He also appealed to the court to order his release on bail, pending the determination of his appeal.

    Though the appeal was initially fixed for October 11, however, following an application the embattled IPOB leader filed for abridgement of time, the appellate court brought the matter forward for hearing.

    At the hearing of the appeal today September 13, a three-man panel led by Justice Jummai Hanatu, said it had no need to delve into the issue of bail since the substantive appeal was ripe for hearing.

    Arguing the appeal, Chief Ozekhome, SAN, alleged that his client was forcefully abducted from Kenya and illegally renditioned back to the country. He told the court that his client was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.

    “My lords, he was enjoying this bail without breaching the terms. However, he was in his ancestral home when agents of the Respondent invaded his home in September 2017. He barely escaped alive by sheer providence and found himself first in Isreal and later in London.

    When the Appellant travelled from London to Kenya, agents of the Respondents, on June 27, 2021, forcefully abducted the Appellant, tortured and renditioned him back to the country without following any extradition process” Ozekhome submitted

    He argued that under the Doctrine of Speciality as provided for in section 15 of the Extradition Act, FG, ought to have proceeded to try Kanu on the five-count charge he was initially facing before he escaped from the country. Ozekhome also argued that Kenya, being the country from where Kanu was arrested and extraordinarily renditioned back to Nigeria, ought to have authorized his extradition.

    “This allegation of his forceful abduction and rendition was never denied by the Respondent. More so my lords, the charge appears to give the lower court a global jurisdiction over offences that were allegedly committed by the Appellant, without specifying the location or date the said offences were committed.

    There was no need for the lower court to have retained the remaining seven-count charge.

    We are therefore urging my lords to strike out the remaining counts and hold that the Respondent has not established any prima-facie case against the Appellant for which he could be tried”, Ozekhome added.

    Meanwhile, FG, through its lawyer, Mr. David Kaswe, urged the court to dismiss the appeal for want of merit. Kaswe argued that the IPOB leader was brought back to the country by due process of the law. He argued that the charge has been amended seven times owing to the conduct of the Appellant.

    “My lords, it took four years and huge resources to get the Respondent arrested and brought back to face the charges against him.

    The Prosecution is ever willing and eager to proceed with trial of the Appellant. We are saying that the trial court was even wrong to have struck out the eight counts as it did.

    It is only after FG has produced all its witnesses and tendered its evidence that the Appellant could claim that no prima-facie case was established.

    Finally, we urge this court to dismiss the appeal for lacking in merit” Kaswe said

    After it had listened to both sides, the panel said it would communicate a date for the judgment.

  • Appeal Court Sets Aside Order Deleting Section 84(12)

    Appeal Court Sets Aside Order Deleting Section 84(12)

    The Court of Appeal in Owerri, Imo State, has set aside the order deleting Section 84(12) of the Electoral Act, 2022.

    Justice Hamma Akawu Barka in the judgement, which was delivered in Abuja on Wednesday, held that the original applicant, Nduka Edede, lacked the locus standi to Institute the suit.

    The appellate court held that the situation robbed the high court of the jurisdiction to hear the matter.

    However, in the judgement, Justice Barka invoked the constitutional powers of the appellate court, on the substantive matter, to declare that Section 84 (12) was unconstitutional.

    The Peoples Democratic Party (PDP) had filed the appeal challenging the judgment of the Federal High Court in Umuahia which nullified Section 84 (12) of the Electoral Act on the grounds that it was unconstitutional.

    Meanwhile, the appellate court advised parties with the requisite interest in the matter to seek further interpretation.

    Section 84(12) of the Electoral Act, 2022, mandated political office holders to resign from office, before they could vie for any elective position or vote in the party convention.

    It reads, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

  • Nnamdi Kanu Heads to Appeal Court over Terrorism Charges

    Nnamdi Kanu Heads to Appeal Court over Terrorism Charges

    The leader of Indigenous People of Biafra, Nnamdi Kanu, has dragged the Federal Government to the Court of Appeal to challenge the amended seven charges on terrorism granted by Justice Binta Nyako of a Federal High Court in Abuja.

    He was challenging the decision of the court as contained in the ruling and final decision retaining counts 1, 2, 3, 4, 5, 8 and 15 of the amended charge, delivered on April 8, 2022.

    A copy of the court processes was obtained by journalists in Abuja on Monday.

    Reports have it that Justice Nyako had struck out eight out of the 15-count treasonable felony charge filed against Kanu by the Federal Government.

    While Justice Nyako struck out counts 6, 7, 9, 10, 11, 12,13 and 14 of the charge, she okayed Kanu’s trial on counts 1, 2, 3, 4, 5, 8 and 15.

    The striking out of counts 6,7,9,10,11,12,13 and 14 of the charge followed an application Kanu filed to quash the entire charge against him.

    Kanu had in the application he filed through his team of lawyers, Mike Ozekhome (SAN) and Ifeanyi Ejiofor, maintained that the charge against him was legally defective.

    He had argued that the court lacked the jurisdiction to try him on the strength of an incompetent charge.

    Ozekhome had told the court that his client was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent”.

    He had argued that since some of the allegations leveled against Kanu, were purportedly committed outside the country, the court, therefore, lacked the jurisdiction to entertain the charge.

    “The charges appears to give this court a global jurisdiction over offences that were allegedly committed by the defendant, without specifying the location or date the said offences were committed”, he had said.

    He argued that under the Federal High Court Act, such charge must disclose specific location where the offence was committed.

    However, lawyer to the Federal Government, Shuaibu Labaran, had prayed the court to strike out Kanu’s application and order the prosecution to open its defence.

    He argued that the application would touch the substance of the case that is yet to be heard.

    But Kanu in the suit at the Abuja Division of the Court of Appeal filed by Ozekhome and Ejiofor, said the the trial Judge erred in law by failing to “consider, make finding of facts and accordingly pronounce on issue one raised for the trial court’s determination, relating to the extraordinary rendition of the appellant, and thereby occasioned a miscarriage of justice.”

    Among the reliefs being sought-after in the appellate court included, “an order of this Honourable court allowing the appeal and setting aside in its entirety, the ruling/final decision of the learned trial court, retaining counts 1, 2, 3, 4, 5, 8 and 15 of the amended charge.

    “An order of this Honourable court upon granting relief a above, dismissing the remaining counts 1, 2, 3, 4, 5, 8 and 15 and, accordingly discharging the appellant on those counts.

    “An order of this Honourable court terminating the entire charge and discharging the appellant.

    “And for such further order or orders as the Honourable court may deem fit to make in the circumstances of this appeal.”

  • BREAKING: Ganduje Floors Shekarau, Barau At Appeal Court

    BREAKING: Ganduje Floors Shekarau, Barau At Appeal Court

    The Court of Appeal sitting in Abuja has quashed the lower court judgment which gave Senator Ibrahim Shekarau’s G-7 faction of the APC in Kano victory over the faction led by the state governor, Abdullahi Umar Ganduje.

    Reports gathered that the appellate court ruled in favour of the governor’s faction in all three appeals lodged against the judgments of the lower courts.

    The decisions of the courts were delivered Thursday morning by Justices Haruna Tsammani, B. I. Gafai and J. Amadi.

    “The judgment of the lower court has been set aside for lack of territorial jurisdiction and also because it is an intra party affair. The third ground is that even the originating process that were used to file the case was wrongly done as such even the originating process was set aside. All the decisions are unanimous,” the Attorney General and Commissioner of Justice for Kano State, Barrister Lawan Musa told Daily Trust.

    Details later….

  • Appeal Court Okays PDP National Convention

    Appeal Court Okays PDP National Convention

    The Appeal Court in Port Harcourt, Rivers State has granted the Peoples Democratic Party (PDP) the right to hold its national convention scheduled for October 30 and 31, 2021.

    Delivering the ruling on behalf of two other justices on Friday, Justice Gabriel Kolawole held that the attempt by the applicant, Uche Secondus, to suspend the planned convention is an act of “self-induced urgency” to disrupt an ongoing lawful process of the party.

    He wondered why Uche Secondus waited for too long to seek the stoppage of the process which had been communicated to the Independent National Electoral Commission (INEC) by the acting national chairman of the party, Yemi Akinwonmi, who Secondus duly handed over to.

    The judge also held that Secondus did not oppose the notice of the convention written by the acting chairman to INEC and did not also oppose INEC replying to the PDP through the acting chairman.

    Meanwhile, the lawyer to Secondus, Tayo Oyetibo, said his client will wait for the outcome of the main suit on his status as the chairman and a member of the party before the same court to determine whether or not to go on appeal.

    He, however, maintained that an outcome in favour of his client will definitely have a consequential effect on the convention slated for Abuja.

  • VAT: Appeal Court Grants Lagos’ Request To Join Case

    VAT: Appeal Court Grants Lagos’ Request To Join Case

    The Court of Appeal in Abuja has granted a request by the Lagos State Government, seeking to join Rivers State in the appeal filed by the Federal Inland Revenue Service (FIRS).

    The FIRS had filed an appeal at the appellate court to challenge the collection of Value Added Tax by states.

    At the resumed hearing of the matter on Thursday, the court granted the request by Lagos and ordered all processes filed to be served on the Attorney-General of the state, Moyosore Onigbanjo.

    The case was later adjourned to October 7 and would be heard at the Appellate Court in Port Harcourt.

    On September 16, the court reserved its ruling on the application after Onigbanjo, a Senior Advocate of Nigeria (SAN), took his application for joinder in the suit.

    He had informed the panel of judges led by Justice Haruna Tsammani that Lagos was entitled to collect VAT, saying the VAT Act was approved by an order of a court, although it had been annulled.

    According to the attorney-general, states that are recognised by the Constitution to collect VAT and the Federal Inland Revenue Service (FIRS) is aware of that fact.

    He added that the principles for joinder of a party, seeking to be joined, must be a necessary party that has shown that its interest, legally and financially, would be affected.

    While Onigbanjo explained that the case of joinder sought was to prevent multiplicity of action, counsel to the Rivers State government and SAN, Ifedayo Adedipe, supported the application by the Lagos State government.

    But counsel to the FIRS and SAN, Mahmoud Magaji, opposed the application for joinder while relying on Section 243 of the Constitution.

    He stated that the Constitution does not support applications for joinder and Lagos State was not a party to the suit at the trial court.

  • BREAKING: Appeal Court sets aside judgment disqualifying Ize-Iyamu’s deputy

    BREAKING: Appeal Court sets aside judgment disqualifying Ize-Iyamu’s deputy

    Court of appeal sitting in Benin city, the Edo state capital has set aside the judgement delivered by the state high court which disqualified the APC governorship candidate, Osagie Ize-Iyamu and his deputy, Gani Audi over alleged certificate forgery against the deputy governorship candidate.

    The three man Justices of the Court of Appeal unanimously set aside the judgment of the lower court which was delivered 6th of January 2021.

    Details later…