Court of Appeal

By Uzair Adam Imam

The Court of Appeal in Abuja has dismissed an appeal by suspended Deputy Commissioner of Police (DCP) Abba Kyari, seeking to quash the charge against him regarding an alleged unlawful drug deal.

The three-member panel of the appellate court found Kyari’s appeal to be unmeritorious and affirmed the findings and conclusions reached by the Federal High Court.

Kyari had challenged the jurisdiction of the court to try him and four other serving police personnel, arguing that they had not been subjected to internal disciplinary mechanisms of the Nigeria Police Force (NPF).

However, the Federal High Court and the Court of Appeal have held that the Federal High Court has the exclusive right and jurisdiction to hear drug-related cases, as enshrined in the Constitution and the National Drug Law Enforcement Agency (NDLEA) Act.

Kyari and four members of the Intelligence Response Team (IRT) are charged with conspiracy to deal in 17.55kg of cocaine, dealing in cocaine without lawful authority, conspiracy to tamper with cocaine, and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers. The trial will continue at the Federal High Court.

The Court of Appeal’s decision was unanimous, with Justices Peter Obiora and Okon Abang agreeing with the lead judgment. Kyari’s appeal was against the March 22 ruling by Justice Emeka Nwite, which declined to quash the charge and dismissed an application filed by Kyari.

The Federal High Court has the exclusive right and jurisdiction to hear drug-related cases, and the powers of the Police Service Commission (PSC) do not supersede the powers of the Federal High Court.

By Ahmad Deedat Zakari 

The National Judicial Council, NJC, has recommended the appointment of 43 jurists to the Bench of the different courts across the country.

The apex court is expected to have 11 new justices upon confirmation by the President.  

The Director of Information of the NJC, Soji Oye, disclosed this in a statement on Wednesday.    

According to Mr Oye, the swearing-in of all recommended candidates to the Supreme Court bench will take place after President Bola Ahmed Tinubu approves their recommendation and the Senate confirms their appointment.

He also stated that various heads of court recommended would also be sworn-in upon the approval of their appointment by their various state governors and subsequent confirmation of same by their respective state Houses of Assembly. 

The statement read, “The NJC, at its 104th meeting on Wednesday, December 6 considered the list of candidates presented by its Interview Committee and at the end of deliberations, recommended the under-listed names of successful candidates as heads of courts and other judicial officers for the Federal and State Courts in Nigeria.” 

They are as follows:

ELEVEN JUSTICES, SUPREME COURT OF NIGERIA 

Hon. Justice Jummai Hannatu Sankey, OFR

Hon. Justice Chidiebere Nwaoma Uwa

Hon. Justice Chioma Egondu Nwosu-Iheme

Hon. Justice Haruna Simon Tsammani

Hon. Justice Moore Aseimo A. Adumein

Hon. Justice Obande Festus Ogbuinya

Hon. Justice Stephen Jonah Adah

Hon. Justice Habeeb Adewale O. Abiru

Hon. Justice Jamilu Yammama TukurHon. Justice Abubakar Sadiq Umar

Hon. Justice Mohammed Baba Idris 

ONE JUSTICE, COURT OF APPEAL 

Hon. Justice Mohammed Ahmed Ramat 

CHIEF JUDGE TARABA STATE 

Hon. Justice Joel Filibus Agya 

CHIEF JUDGE, KEBBI STATE

Hon. Justice Umar Abubakar. 

GRAND KADI, SHARIA COURT OF APPEAL, KEBBI STATE 

Hon. Kadi Sadiq Usman Mukhtar 

PRESIDENT, CUSTOMARY COURT OF APPEAL, OGUN STATE 

Hon. Justice A. O. Femi-Segun 

PRESIDENT, CUSTOMARY COURT OF APPEAL, TARABA STATE 

Hon. Justice Alfred Yakubu 

PRESIDENT, CUSTOMARY COURT OF APPEAL, OYO STATE 

Hon. Justice Tajudeen M. Abdulganiyu 

ONE HIGH COURT JUDGE, BAYELSA STATE 

Amaebi Ibomo Orukari 

ONE HIGH COURT JUDGE, OGUN STATE Akinyemi Martins Ayodele 

THREE HIGH COURT JUDGES, CROSS RIVER STATE 

Ama Edet Ekpo

Theresa Ansa Agom

Jalarth Ogar Agim 

THREE KADIS, SHARIA COURT OF APPEAL, ZAMFARA STATE 

Aminu Abdullahi Gusau

Usman Hassan Gummi

Hadi Sani 

TWO KADIS, SHARIA COURT OF APPEAL, NASARAWA STATE 

Abubakar Ahmad Tijjani

Aliyu Ibrahim Ebbema 

NINE HIGH COURT JUDGES, KANO STATE; 

Fatima Adamu

Hauwa Lawal Umar

Musa Ahmad

Musa Daihuru Mohammed

Farida Rabiu Danbappa

Halima Aliyu Nasir

Aisha Mahmoud

Adam Abdullahi

Hanif Sanusi Yusuf  

ONE JUDGE, CUSTOMARY COURT OF APPEAL, BAYELSA STATE 

Opokuma David Lawrence 

FOUR HIGH COURT JUDGES, NASARAWA STATE 

Esther Mami Ejeh

Ibrahim Dauda Shekarau

Musa Muhammad Dallah

Makama Tanze Benjamin  

TWO JUDGES, CUSTOMARY COURT OF APPEAL, OGUN STATE 

Awoyomi Bolanle Adenike

Lawal Adeniyi Olusanya

By Sabiu Abdullahi

The Court of Appeal in Abuja has affirmed Uba Sani’s victory as Governor of Kaduna State, dismissing the Peoples Democratic Party’s appeal challenging the March 18 election results.

The court upheld the tribunal’s decision, citing the PDP’s failure to adhere to legal timelines and highlighting irregularities in the evidence presented.

With this ruling, Uba Sani’s position is secure, concluding the post-election legal dispute.

By Sabiu Abdullahi 

The Court of Appeal in Abuja on Sunday shook the political terrain by nullifying the election of Governor Caleb Muftwang in Plateau State.

The three-member panel delivered a unanimous decision, asserting that Muftwang’s candidacy under the Peoples Democratic Party (PDP) did not comply with Section 285(2) of the Nigerian Constitution. 

The court, in favor of Nentawe Goshwe from the All Progressives Congress (APC), deemed the issue of qualification a matter both preceding and succeeding the election, citing Section 177(c) of the Nigerian Constitution, 1999, and Sections 80 and 82 of the Electoral Act, 2022. 

In concurring with the appellant, Goshwe, the panel emphasized the PDP’s failure to adhere to court orders, specifically from the Plateau State High Court and the Court of Appeal. These directives mandated the PDP to conduct valid ward, local government, and state congresses before nominating candidates for elective posts. 

The panel rebuked the Governorship Election Petitions Tribunal’s judgment, labeling it “highly inconsistent and a breach of fair hearing” for relying on expunged witness statements to dismiss Goshwe’s appeal

By Sabiu Abdullahi

The Court of Appeal in Abuja has ruled to sack Musa Ilyasu Kwankwaso of the All Progressives Congress (APC) and reinstate Yusuf Umar Datti of the New Nigeria Peoples Party (NNPP) as the rightful representative of the Kura/Madobi/Garun Malam Federal Constituency election in Kano State. 

The ruling was made by a three-man panel led by Justice Tunde Oyebamiji Awotoye, who stated that Datti’s appeal had merit and allowed it to proceed.

The panel criticized the tribunal’s decision to count the date of the appellant’s resignation on the day of his party primary, emphasizing that Section 77 of the Electoral Act was misapplied.

They clarified that the matter of membership within a political party is an internal affair, beyond the jurisdiction of the court. 

This ruling marks a significant victory for Yusuf Umar Datti and the New Nigeria Peoples Party, reaffirming the importance of fair electoral processes and adherence to legal procedures.

By Sabiu Abdullahi

The Court of Appeal in Abuja voided the election of Ishaku Abbo, the current representative of Adamawa North Senatorial District in the National Assembly.

The court ruled in favour of Amos Yohanna from the Peoples Democratic Party (PDP).

Abbo, affiliated with the All Progressives Congress (APC), confirmed the decision to journalists on Monday.

The implications of this ruling on the district’s political landscape are profound, sparking anticipation about the region’s future representation in the National Assembly.

Abbo was a member of the People’s Democratic Party (PDP) before later switching to the All Progressives Congress (APC).

By Ahmad Deedat Zakari

The President of the Nigerian Senate, Ahmad Lawan, has lost an appeal challenging the candidacy of Bashir machina.

On Monday, November 28, 2022, the Court of Appeal sitting at Abuja affirmed the decision of the Federal High Court sitting at Damaturu in Yobe State.

The court held that Bashir machina is the authentic candidate of the All Progressives Congress for Yobe North Senatorial District and not Ahmad Lawan.

Honourable Justice Monica Dongban-Mansen, who presided over a three-member panel, gave the judgement in an appeal brought to the court by Ahmad Lawan.

Lawan had appealed the decision of the Federal High Court Damaturu. In the appeal, he requested that the appellate court should declare him the legitimate flag-bearer of the All Progressives Congress for the upcoming senatorial election.

The Court dismissed the appeal for lack of merit.

The Nigeria court of appeal sitting in Abuja has ordered the Academic Staff Union of Universities (ASUU) to resume classes and call off the strike immediately.

The court issues the order today Friday, and the appellate court said ASUU should obey the order of an industrial court which directed the suspension of the strike before seeking to appeal the judgment.

Details later.

By Uzair Adam Imam

In an effort to put the menace of raping to an end, the Jigawa State government has on Wednesday approved the death penalty for child rapists in the state.

The Commissioner for Justice and the Attorney General, Dr Musa Adamu, made the announcement at a press briefing.

Sexual assault is one of the issues that linger for a long time in the country that need to be addressed.

Adamu disclosed that anyone convicted of raping a child below the age of 10 would be sentenced to death with no option.

“A total number of 196 case diaries while 178 pieces of legal advice were prepared in respect of the case diaries received. Earlier this year, Governor Mohammed Badaru Abubakar signed the Violence Against Prohibition Bill, which prescribed the death penalty for rapists but with the option of life imprisonment.

“But recently, the government has also signed the child protection law, which prescribed the death penalty for anyone that raped a child below the age of 10.

“Out of the total number of the case diaries, 90 were rape cases; 27 culpable homicides; sodomy has 31; kidnapping and abduction have a total number of 18 cases; incest two; two 2 acts of gross indecency; 20 armed robberies while road traffic offences have two cases.

“The ministry has prosecuted and defended a total number of 25 appeals before the Court of Appeal, Kano Division and has also completed the prosecution of 83 criminal trials before eight High Courts at Birnin Kudu, Dutse, Gumel Hadejia, Kazaure and Ringim. 34 convictions and 49 defendants were discharged and acquitted.”