BREAKING: Court Of Appeal Strikes Out Pro-Wike LG Chairmen Suit

The Port Harcourt division of the Court of Appeal, on Monday, struck out two appeals filed by Local Government Chairmen loyal to former governor Nyesom Wike, for lack of merit. The appeals marked CA/PH/137M/2024 and CA/PH/145M/2024, filed by Hon. Enyiada Cookey-Gam and six others, challenged the decisions of the lower court in the matters of the elongation of the council leadership tenure. The Court of Appeal found the appeals to be without merit and consequently struck them out. Martin Amaewhule-led lawmakers loyal to Nyesom Wike, the Minister of Federal Capital Territory, had amended the local government law and extended the tenure of the 23 local Chairmen that would expire by June by six months. When Governor Siminalayi Fubara declined assent to the Bill, the Lawmakers override the Governor and passed the Bill into Law.

Unlawful arrest, detention: Nnamdi Kanu’s lawyer loses appeal against police, DSS

The Court of Appeal in Abuja, Monday, dismissed the appeal by Felix Okonkwo, one of the lawyers of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu over his unlawful arrest and detention by the Police and the State Security Services (SSS). Dismissing the appeal for want of merit and substance, the lead judge, justice Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory, Abuja, in the matter. Felix Okonkwo, Ikenna Chibuike, and Okafor Ugochukwu had dragged the Nigeria Police Force and the SSS before the high court for the enforcement of their fundamental human rights. They specifically accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed that they were tortured, harassed and intimidated while in the custody of the Police. Justice Samaila Bature had, in his judgment delivered on March 24, 2022 found Police liable for the unlawful arrest and detention of the the appellants and subsequently imposed a fine of N2 million against Police to be paid to the appellants. Justice Bature, however, did not make any order against the SSS because the Appellants, then plaintiffs, did not disclose any cause of action against SSS. Not satisfied with the findings and decisions of the high court, the three plaintiffs approached the Court of Appeal praying for an order to hold that SSS was also culpable in their arrest and detention. They claimed that the N2 million imposed on Police as fine to be paid to them was paltry and ridiculously low and asked the appellate court to jerk up the fine as compensation for their unlawful arrest and detention. In his judgment, Justice Abang held that from the video footage tendered as exhibit by the appellants at the trial court, there was no where the operatives of the SSS were found at the scene of their arrest in the house of Ifeanyi Ejiofor in Anambra state. The appellate court Justice disagreed with the appellants in their claims that the N2 million compensatory damages was grossly insufficient. According to Justice Abang, the decision to award compensatory damages is at the discretion of a judge and can not be dictated by any plaintiff or appellant. In the instant case, Justice Abang agreed with Justice Bature that peculiar facts and circumstances of the unlawful arrest and detention of the appellants were carefully considered at the trial court before arriving at the amount. Besides, Justice Abang said that the appellants did not point out irrelevant facts in the judgment of the high court and did not also disclose their status in the society, their their monthly or yearly income and also what they lost in the course of their detention. “In my opinion and going by the peculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded. “I can not fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount. “In the final analysis, the appeal lacks merit, and it is accordingly dismissed. The decision of the trial court is hereby affirmed. There is order as to cost, “Justice Abang held. Justices Joseph Olubunmi Kayode Oyewole and Abba Bello Mohammed endorsed the unanimous judgment delivered by Justice Abang.

Terrorism charge: Kanu, FG, engage new lawyers

The leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, has engaged new lawyers in his defense of the terrorism offences brought against him by the Federal Government. It was gathered that a new team of lawyers to be led by PAM Ejiofor and Alloy Ejimakor will take over Kanu’s defense in the 7-count charges. In the same vein, the federal government engaged the services of Chief Adegboyega Awomolo to lead its legal team in the prosecution. Awomolo is taking over from David Kaswe SAN, from the Federal Ministry of Justice in Abuja, who has been handling the case for the federal government. No reason was given for the change in the legal team being led before now by Chief Mike Ozekhome SAN and Ifeanyi Ejiofor. Meanwhile, the court has already been jam parked by lawyers, traditional rulers, clergymen, family members, and sympathizers of the Biafra agitator present. Kanu has already been brought to the courtroom by the operatives of the Department of State Service DS$ Details later.

Supreme Court Justices Reduced to 10 as Musa Dattijo Retires October 27

The Supreme Court of Nigeria will see its number of justices reduced to 10 following the retirement of Justice Musa Dattijo Muhammad on October 27, 2023. Justice Dattijo’s retirement notice, sent to the Court’s management, specifies that a special valedictory court session will be held in his honor on the retirement date. The Court’s Director of Press and Information, Dr. Akande Festus, announced in a statement on Sunday that the valedictory session is scheduled to take place at the Main Courtroom of the Court at 10 am. Born on October 27, 1953, in Minna, Justice Musa Dattijo, hailing from Chanchaga Local Government Area of Niger State, attended Native Primary School, Minna, earning his First School Leaving Certificate between 1960 and 1966. He later attended Sheikh Sabbah College (now Sardauna Memorial Secondary School) in Kaduna from 1967 to 1971. This led to his admission to the Faculty of Law at Ahmadu Bello University, Zaria, where he obtained a degree in Law in 1977. Justice Dattijo was called to the Nigerian Bar on July 2, 1977, but he didn’t stop there. In 1982, he sought further education and earned an LLM Degree from Warwick University in 1983. His exemplary career led to his elevation to the Court of Appeal on November 21, 1998, having served diligently in various Divisions. He was sworn in as a Justice of the Supreme Court on July 10, 2012, marking another significant milestone in his career. The retirement of Justice Musa Dattijo Muhammad reduces the Supreme Court of Nigeria’s justices to 10, as noted in the statement. Top of Form

Retired Justice Mojeed Owoade Advocates Single Adjudication For Election Petitions

A retired Justice of the Court of Appeal, Professor Mojeed Owoade, has proposed the adoption of a one-time final adjudication system for election petitions in Nigeria. Professor Owoade emphasized the need for structural and procedural reforms to the Constitution and Electoral Laws, which would not only reduce the burden on the courts but also save costs and enhance the quality of resolving election disputes. He called for the termination of election petitions at the Tribunal level once they are adjudicated, with serving Justices of the Supreme Court, Court of Appeal, and Judges of High Courts having sole responsibility for handling election petition matters. During the National Convergence on Citizens’ Led Engagement on Judicial Accountability in Post Election Justice Delivery, organized by the civil society organization ActionAid, Professor Owoade presented his recommendations: “For Presidential Election Petitions, a 7-member panel consisting of three serving Justices of the Supreme Court, two Justices of the Court of Appeal, and two High Court Judges. “Governorship Election Petitions should be resolved by a 5-member panel of judicial officers, including two Supreme Court Justices, two Court of Appeal Justices, and a High Court Judge. “Senate petitions should be handled by a panel comprising three Justices of the Court of Appeal and two High Court Judges. “House of Representatives election petitions should be adjudicated by a panel of two Court of Appeal Justices and three High Court Judges.” Professor Owoade’s recommendations include the elimination of all systems of appeals in the adjudication of pre-election and election matters. He also added that the Chief Justice of Nigeria (CJN) and the President of the Court of Appeal, in consultation with three to four serving Chief Judges, should appoint members of Election Petition Tribunals. He highlighted the importance of retaining serving judicial officers rather than retired ones to ensure continued oversight by the National Judicial Council and maintain fairness and efficiency in election adjudication. Professor Owoade stressed that the principle of free and fair elections is closely tied to a non-partisan and truly independent judiciary with individuals of integrity and expertise to uphold the rule of law.

Appeal Court reinstates ex-NIA DG Dauda  

The Court of Appeal has reinstated Ambassador Mohammed Dauda as the Director General of the National Intelligence Agency (NIA). The court also awarded the sum of N1 million to the dismissed DG against the NIA. The presiding Judge, Justice Peter Ige gave the verdict on Thursday evening, while delivering a judgement in an appeal filed by the NIA. In his judgment, the judge held that Dauda should be allowed to retire in service in accordance with the stipulated laws.  The Judge resolved all the contentious issues against NIA in favour of respondent. He held: “There is no evidence before the court that shows that the respondent has constituted any risk or breached any law. “The appellant appeal is hereby dismissed for lacking in merit and the Industrial Court judgment is hereby affirmed,” Earlier, the Abuja National Industrial Court had ordered the reinstatement of Mohammed Dauda as the head of National Intelligence Agency and payment of salaries and entitlements from March 2018 till date after it found that his dismissal fell short of the NIA Act. In the judgment delivered by Justice Olufunke Anuwe, it was held that, under the agency’s rule, the appropriate committee to investigate disciplinary cases against management staff is the management staff disciplinary committee, “not the special management staff disciplinary committee”.

Lamidi Apapa’s LP faction causes pandemonium in court

There was palpable tension on Wednesday at the Court of Appeal premises, venue of the Presidential Election Petition Court as two factions of the Labour Party clashed. NIGERIA ANCHOR had reported earlier how both factions engaged in a war of words over who was the authentic Labour Party (LP) representative in court. Trouble started when Lamidi Apapa, factional chairman of the party, walked into the court premises alongside some of his supporters. Apapa, who is locked in a battle with Julius Abure, suspended chairman of the party, had arrived the court for the case of a petition that Peter Obi, Presidential Candidate of the party, filed against the victory of President-elect Bola Tinubu. He made an attempt to sit where Labour Party officials were and a shouting match ensued. “Who are you?” a party official asked Apapa, who fired back saying, “You don’t know me? Look at the way you are talking, who are you too?” As the argument continued, Apapa raised his voice, saying, “Get up, you can not sit down here!” Secretary of the Presidential election court, Josephine Ekperobe, quickly moved in to ensue normalcy. Later when the Labour Party matter was called, Obi and the party’s Women Leader, Dudu Manoga, introduced themselves on the record of the court. But when Apapa stood up to introduce himself as the National Chairman, the presiding justice of the court, Justice Haruna Tsammani, requested him to stop the introduction as the court would not recognise the ‘National Chairman’ on record. Abure, who sat next to Obi, did not, however, attempt to introduce himself. Apapa had earlier vowed to take control of the party and to withdraw the petition and motions before the court ahead of the sitting following the ruling of an FCT High Court sustaining Abure’s suspension. The LP has since appealed the ruling. During Wednesday’s sitting, the LP’s lawyers, the lawyers to Bola Tinubu, the APC and the Independent National Electoral Commission (INEC) are expected to show the extent of their harmonisation of non-contentious issues and motions to be relied upon during the main hearing. Shortly after the proceedings, as journalists were about to conduct an interview with the factional Chairman of the Labour Party, Lamidi Apapa, they were met with stiff resistance from loyalists of Julius Abure, another factional leader of LP. The faction loyal to Abure shouted and dragged Apapa up and down, shouting “You must not talk, you are an impostor, thief, thief, thief…”. It took the intervention security operatives to contain the pandemonium as they battled to liberate Apapa from the irate Abure loyalists. At the time of this report, Apapa had been taken into protective custody by the police. Signs of trouble started when Apapa wanted to announce his appearance in court after the LP National Women Leader, Mrs. Dudu Maluga had announced her name. However, when the Chairman of the PEPC, Justice Haruna Tsammani noticed the faction in the courtroom, he refused to record their appearance again.