Tag: Appeal Court

  • Appeal Court Sets Up Panels To Decongest Backlog Of Appeals

    Appeal Court Sets Up Panels To Decongest Backlog Of Appeals

    The President of the Court of Appeal, Justice Monica Dongban-Mensem, has set up seven special panels saddled with the responsibility of decongesting the backlog of appeals.

    She disclosed this on Monday in Abuja, on the occasion of the maiden edition of the meeting with presiding justices of the 20 Divisions of the Court of Appeal tagged: Working Conference of the Presiding Justices of the Court of Appeal.

    Justice Dongban-Mensem explained that setting up the special panels became necessary in view of the lingering appeals clustering the court.

    She blamed the development on what she described as the unwillingness of some litigants who have failed to file complete processes.

    “The Court of Appeal cannot be used as a tool in the hands of these litigants who go into a deep slumber.

    “All notices of appeal filed without being followed with other processes to ensure quick prosecution and disposal of the appeal should be shown the way out,” the justice said.

    She added, “We have sufficient provisions in our rules, which are backed by constitutional provision for the disposal of matters in court.”

    The Appeal Court president noted that since presiding justices were heads of the divisions, they can go ahead and take charge and keep up with the tempo in their various jurisdictions.

    “In a nation with teeming unemployed graduates and restive youths, we must do our part to create jobs by ensuring that all appeals are heard expeditiously, especially those which involve corporate bodies and businesses which can provide jobs for our youths,” she said.

    The working conference, the first of its kind, was specially chosen to promote a sense of togetherness by enabling the most experienced minds to be deployed on special decongestion panels that would tackle the most congested divisions.

    The special panels are expected to sit in two sessions daily and will work for three days to depose of over 100 motions filed at various divisions of the court.

  • Appeal Court jails ex-Air Force chief Mamu

    Appeal Court jails ex-Air Force chief Mamu

    The Court of Appeal in Abuja has reversed the discharge and acquittal of former Group Managing Director of the Nigerian Air Force (NAF) Holding Company and Air Force Commanding, Training Command, Air Vice Marshal Alkali Mohammadu Mamu on corruption charges by Justice Salisu Garba of the High Court of the Federal Capital Territory (FCT).

    The three-man panel of the Court of Appeal, in a unanimous judgment on July 15, 2020, convicted and sentenced Mamu to two years’ imprisonment in respect of one, out of the four counts, in a charge marked: FCT/HC/CR/182/2016 on which he was tried by the Economic and Financial Crimes Commission (EFCC).

    The appellate court acquitted him on three other counts – one, three and four – on the grounds that the prosecution failed to prove those counts.

    Mamu was convicted on count two, in which he was found to have “corruptly” accepted a gift of $300,000, through Kalli Fertilizer Company (a firm owned by his daughters) from Himma Abubakar, owner of Societe D’ Equipment International Nig. Ltd (SEI Nig Ltd), a company engaged to supply military equipment to NAF, under Mamu’s supervision.

    In the lead judgment, on the appeal marked: CA/A/788c/2018, Justice Yargata Byenchit Nimpar, however, gave Mamu an option of N500, 000 fine.

    Mamu was one of the senior military officers accused of abusing their positions by the Presidential Committee on the Audit of Defence Equipment Procurement (CADEP), which was mandated to look into contracts awarded for military procurements.

    The EFCC filed a four-count charge against Mamu in 2016 and on which he was tried before the High Court of the FCT, following which Justice Garba, in a judgment on June 29, 2018, discarded and acquitted him on all four counts and held among others, that the prosecution failed to prove its case, a decision EFCC’s lawyer, Sylvanus Tahir appealed.

    Justice Nimpar faulted the trial court’s rejection of the confessional statement made to investigators by Mamu, which the prosecution tendered in evidence at trial, noting that “the trial court failed in its duty by applying principles of law in a flawed manner, leading to the striking out of the confessional statement.

    “He (the trial judge) erred. There was no legal basis for that action. Considering the evidence before the court, there was corroboration for the confessional statement particularly, the SEI Ltd’s payment for the cars, to the fertilizer company in which his (Mamu’s) daughters are directors and bank documents.

    “I find the confessional statement good to be evaluated for weight. I therefore disagree with the trial judge and find that the confessional statement was properly in evidence and must be evaluated along other pieces of evidence before the court.

    “The sum of $300,000 was not legitimate income from his (Mamu’s) employers. Mr. Himma Abubakar was not respondent’s employer and had no business paying the respondent any sum as appreciation. This is coming at the backdrop of the admission by the respondent that he got more than he was allegedly entitled to.

    “On count two, I find for the appellant that it proved the allegation beyond reasonable doubt. I find the respondent guilty on count two. On counts one, three and four, there was no direct admission and even though it was established that the respondents got cars paid for by SEI Nig Ltd (Himma Abubakar) and delivered by Coscharis.

    “Flowing from above therefore, the respondent is discharged and acquitted on counts one, three and four of the charge, but guilty of count two.

    “Considering the circumstances and the facts in this appeal, particularly the fact that the respondent quickly refunded the sum of $300.000, there is no history of previous conviction before the court. Therefore, in exercise of the court’s discretion, the respondent is hereby sentenced to two years’ imprisonment and in the alternative, an option of N500, 000 fine,” Justice Nimpar said.

    Also on the panel were Justices Abdu Aboki and Emmanuel Akomaye Agim.

  • Appeal court: Senate begins confirmation of Dongban-Mensem as president

    Appeal court: Senate begins confirmation of Dongban-Mensem as president

    The Senate on Wednesday announced its decision to fast-track the confirmation of the Acting President, Court of Appeal, Justice Monica Dongban-Mensem.

    The upper legislative arm made this known while giving a live update of its plenary on Twitter.

    Daybreak reports that Senate on Tuesday confirmed receiving a formal request from the President, Muhammadu Buhari , for the confirmation of Dongban-Mensem.

    The Senate President, Ahmad Lawan, told the senators that the confirmation would be fast-tracked to avoid constitutional breaches.

    The tweets read, “Senate leader comes under Order 1b to fast track the consideration of the appointment of Justice Mendem as the President of the Court of Appeal. Minority Leader seconds.
    The Nigerian Senate

    “Senate President, @DrAhmadLawan says the moves become necessary since the Senators would be proceeding on two weeks leave and considering the possibility of a constitutional issue, it is imperative to confirm the appointment.

    “Senate Leader moves for the Senate to consider the screening of the nominee and minority leader seconds.

    “The Senate approves to do the screening and it is referred to the Committee on Judiciary to report back tomorrow (Thursday).”

  • BREAKING:Appeal Court voids judgment sacking Senator Ifeanyi Ubah

    The Court of Appeal in Abuja on Thursday voided the April 11, 2019 judgment of the High Court of the Federal Capital Territory (FCT), which sacked Ifeanyi Ubah as Senator for Anambra South senatorial district.

    A three-man panel of the court, led by Justice Stephen Adah, was unanimous that the judgement delivered by Justice Bello Kawu, was a nullity on the grounds that the originating process was incompetent having not been signed by a lawyer as required; the judgment was given without jurisdiction, and that Ubah was denied fair hearing by the FCT High Court.