Foreign

Appeal Court Freezes Texas’ Controversial Immigration Laws

By Web News 216 0

A Federal Appeal Court has frozen Texas’s controversial immigration law, one of the toughest laws of its kind enacted by a US state in modern times.

Report says, the decision came just hours after the Supreme Court allowed the measure, SB4, to take effect pending an appeal.

The legislation would allow officials in Texas to detain and prosecute unauthorised migrants.

Mexico, which borders Texas, has said it will refuse to accept any migrants deported by its authorities.

Migrant arrivals at the southern US border have risen to record highs during President Joe Biden’s administration, making it a top concern among US voters ahead of November’s presidential election.

The SB4 law in Texas was due to come into effect on 5 March but the Biden government has challenged it, calling it unconstitutional.

The decision to freeze the law is the latest in a string of judicial rulings deciding its fate.

If it were to come back into effect, it would mark a significant shift in how immigration enforcement is handled, as courts have previously ruled that only the federal government can enforce the country’s immigration laws – not individual US states.

BBC/Taiwo Akinola

Politics

Appeal Court Reverses Verdict of Nassarawa’s Governorship Election Petition Tribunal

By Web News 241 0

The Court of Appeal sitting in Abuja, on Thursday reversed the nullification of the election of Governor Abdullahi Sule of Nasarawa State.

The appellate court, in a unanimous decision by a three-member panel of justices, voided the verdict of the Nasarawa State Governorship Election Petition Tribunal, which sacked Governor Sule of the All Progressives Congress, APC.

In the lead verdict that was delivered by Justice Uchechukwu Onuemenam, the court held that evidence before it established that the tribunal relied on legally inadmissible evidence to declare the candidate of the Peoples Democratic Party, PDP, David Ombugadu, as the valid winner of the governorship election that was held in the state on March 18.

According to the appellate court, the tribunal wrongly relied on the evidence of eight of the witnesses that were produced by the PDP candidate, whose statements on oath were not front-loaded alongside the petition.

It stressed that Section 285(5) of the 1999 Constitution, as amended, Section 132(7) of the Electoral Act 2022, and Paragraphs 4(5) (6) and 14(2) of the First Schedule to the Electoral Act, every written statement on oath must be filed alongside the petition within the statutorily allocated time.

“Where a trial court admitted and acted on illegally inadmissible evidence, it is the duty of the appellate court to ensure that such illegally inadmissible evidence is expunged.

“A court of law is only allowed to act on legally admissible evidence. If documents are unlawfully allowed by a trial court, the appellate court is duty-bound to exclude the documents and discountenance the evidence.”

The appellate court proceeded to strike out all the evidence and exhibits that were tendered before the tribunal by the eight witnesses.

It held that the evidence of 12 remaining witnesses who testified for the PDP candidate was not sufficient to sustain the judgment of the tribunal.

More so, the appellate court held that the tribunal was in error when it deducted a total of 1,868 votes that were credited to Governor Sule on the premise that over-voting occurred in four polling units.

It held that the tribunal was wrong in its decision since the petitioners did not provide the necessary documents needed to prove over-voting. 

The court noted that the Bimodal Voter Accreditation System, BVAS, machines, and other electoral documents were merely dumped on the tribunal without any demonstration to show how the over-voting occurred.

It faulted the tribunal for summarily dismissing the evidence of witnesses that testified for the APC candidate, describing the action as “perverse”, adding that none of the witnesses that were called by the PDP and its candidate gave valid evidence that the tribunal could have acted on.

It held that the tribunal acted wrongly when it recomputed votes and made the declaration that returned the PDP candidate as the winner of the election.

Vanguard/ Oluwayemisi Owonikoko

Subscribe to our Telegram and YouTube Channels and also join our Whatsapp Update Group

Politics

Appeal Court Affirms Fintiri as Adamawa Governor

By Web News 311 0

The Court of Appeal sitting in Abuja has dismissed a petition by the Social Democratic Party’s, SDP, governorship candidate, Umar Ardo, challenging Ahmadu Fintiri’s election as Adamawa State governor.

The Presiding Judge, Justice Ugochukwu Ogakwu, affirmed the Tribunal’s previous decision led by Justice Theodora Uloho, which dismissed Ardo’s petition for being incompetent and not properly filed.

The appellate court held that the appellants did not prove the allegations of corrupt practices and non-compliance with the Electoral Act against the Independent National Electoral Commission, INEC.

Justice Ogakwu said there was no basis to grant the appeal.

After Fintiri was declared the winner of the poll, the SDP candidate and his party filed a petition at the State Governorship Election Tribunal.

Ardo sought the nullification of Fintiri’s re-election based on substantial non-compliance with the Electoral Act, corrupt practices, threats, and violence during the exercise. However, the appellate court dismissed his petition.

The governorship election which took place in the country on 11th March 2023 was suspended and postponed in Adamawa by INEC on the grounds of being inconclusive.

The supplementary election was held on 15th March but in what shocked many Nigerians, the now suspended Adamawa REC, Hudu Yunusa Ari declared the All Progressives Congress, APC, candidate, Aishat Binani, as the Governor-elect on 16th March 2023.

FRCN Abuja/Adetutu Adetule

Subscribe to our Telegram and YouTube Channels and also join our Whatsapp Update Group 

 

Politics

Appeal Court Upholds Election of Adeleke

By Web News 494 0

By Oluwakayode Banjo

The court of appeal sitting in Abuja has reinstated Ademola Adeleke as the governor of Osun state.

Delivering judgment in the appeal filed by Adeleke on Friday, a three-member panel of justices held that, the election tribunal erred when it ruled that, the 1st and 2nd respondents Gboyega Oyetola and the All Progressives Congress, APC, proved their allegation of over-voting.

According to the panel of judges which issued its verdict on Friday, Adeleke is the duly elected governor of the state.

The Osun governorship election tribunal, in January, held that Oyetola was able to prove that, there was over-voting in some of the polling units.

Consequently, the majority judgment of the tribunal ordered INEC to withdraw the certificate of return issued to Adeleke and issue a fresh one to Oyetola as the duly elected governor of Osun.

Dissatisfied with the ruling, Adeleke appealed the judgment at the court of appeal.

Subscribe to our Telegram and YouTube Channels also join our Whatsapp Update Group

Education

Resume Work Immediately, Appeal Court Tells ASUU

By Web News 358 0

The court of appeal in Abuja has ordered the members of the Academic Staff Union of Universities, ASUU, to call off its industrial strike action and to return to work immediately. 

The appellate court gave the order in a ruling on an application filed by the ASUU seeking permission for it to appeal against the order of the National Industrial Court which asked the striking lecturers to resume duty. 

The industrial court had on September 21, granted an interlocutory order following an application to that effect by the Federal Government, ordering university lecturers to return to work pending the resolution of their dispute with the government.

Not satisfied with the outcome, ASUU had through its counsel, Femi Falana SAN headed to the appellate court to seek redress.

At the Appeal Court, ASUU filed an application dated September 28, seeking the leave of court to file an appeal against the industrial court order. 

But in its ruling, the Court of Appeal which granted ASUU conditional leave to appeal the order of the Industrial Court, insisted that ASUU must obey the order of the lower court with effect from today, October 7. 

The 3-man panel led by Justice Hamman Barka said for ASUU to file its notice of appeal within 7 days, it must show evidence that its members had resumed work on October 7.

The panel unanimously held that Failure to adhere to the order would make the appeal incompetent before the Court of Appeal.

Ifeoma Nwovu

Subscribe to our Telegram Channel and join our Whatsapp Update Group

Politics

Appeal Court Reverses Judgment on Suit Against Adebutu Candidacy

By Web News 410 0

The Court of Appeal in Abuja has set aside an earlier judgment of the Federal High Court given in favour of a factional governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, Oladipupo Adebutu.

In a judgement on Friday, a three-member panel of the Appeal Court held that Justice Taiwo Taiwo of the Federal High Court, Abuja (now retired) was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal.

Lawal is, by his suit, challenging the PDP’s utilisation of a delegates’ list, in the conduct of the governorship primary election on May 25, 2022, as against the list of delegates, who were democratically elected for that purpose at the ward congresses.

Delivering the lead judgment of the Court of Appeal on Friday, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction.

Justice Georgewill proceeded to make an order remitting the case to the Chief Judge of the Federal High Court for the hearing of the case on merit.

The judge held that since the trial court failed to decide the suit on its merit and the period of 180 days, for determination of pre-election cases, is still running, suit should be remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.

Other members of the panel, Justices M. Mustapha and Danlami Senchi agreed with the lead judgment

The Nation/Owonikoko Oluwayemisi

Subscribe to our Telegram Channel and join our Whatsapp Update Group

Politics

Appeal Court Affirms Adeleke as Osun PDP Candidate

By Web News 355 0

A Court of Appeal sitting in Akure, the Ondo State capital on Wednesday upheld the judgement of the lower court which affirmed Osun State Governor-elect, Ademola Adeleke, as the candidate of the Peoples Democratic Party for last Saturday’s governorship election.

Dotun Babayemi, a PDP chieftain, had contested the party’s governorship primaries at the High Court challenging the validity of the primary conducted by the national leadership of the party but lost in the court

Not satisfied with the judgment of the high court, he proceeded to the appellate court to challenge the judgment but the appellate court on Wednesday also struck out his appeal.

Babayemi had taken Adeleke before a Federal High court in Osogbo, seeking to be declared as the PDP candidate for the July 16 governorship election in Osun state.

Babayemi and Adeleke’s factions of the party had on March 8, 2021, conducted separate governorship primaries.

Babayemi was declared the winner of the primary election held at the Children and Women Development Centre in Osogbo.

On the other hand, the governor-elect emerged as the party’s candidate at the primary election held at Osogbo City Stadium.

Punch/ Oluwayemisi Owonikoko

Education

Disengaged EKSU Staff Floor Management at Appeal Court

By Web News 538 0

The Appeal Court, sitting Ado Ekiti has ordered management of the Ekiti State University, EKSU Ado-Ekiti to reinstate the 32 technologists whose appointments were terminated by the institution in December 2019.

The management of EKSU had on December 5, 2019, disengaged over 900 of its workforce for alleged certificate forgery, irregular appointment, overage among other  allegations.

The 32 disengaged technologists dragged EKSU Governing Council and  Vice-Chancellor to Appeal Court, following the refusal of the management of the institution to reinstate them as ordered by the Industrial Court sitting in Akure court last year.

In his judgement today in Ado Ekiti, the presiding Judge of the Court of Appeal, Justice Tunde Awotoye declared the termination of the appointment of the 32 technologists as “unlawful, null and void.”, hence they should be reinstated.

Amos Ogunrinde

Politics

Supreme Court Reaffirms Akeredolu’s Re-Election

By Web News 492 0

The Supreme Court has upheld the re-election of Rotimi Akeredolu as Governor of Ondo State.

Akeredolu’s victory was affirmed after four of the seven justices of the Supreme Court that heard the case upheld his candidacy in the October 10, 2020 election in the state.

Three other justices disagreed with the majority judgment, insisting that Akeredolu’s candidacy in that election was a nullity.

The minority judgment held the view that the appeal has merit and ought not to be struck out by the Appeal Court.

Akeredolu was the candidate of the All Progressives Congress, APC, in October 10, 2020, Governorship election in Ondo State.

The PDP and its candidate, Eyitayo Jegede had earlier approached the Appeal Court to challenge the candidacy of Akeredolu, insisting that his nomination form was signed by a sitting Governor Mai Buni who doubles as the Acting National Chairman of the party.

The appeal was based on the constitutional provision which forbids sitting Governors from holding executive positions outside their statutory position as governors.

They prayed the court to nullify Akeredolu’s candidacy, but the Appeal Court struck out the appeal, for lack of merit.

Ridwan Fasasi

Politics

Oshiomhole’s Suspension, Bad Omen for Edo APC – Political Scientist

By Web News 675 0

A Political Scientist, Mr Dolapo Ogunsola has described the crises rocking the All Progressives Congress, APC, in Edo State as a bad omen for the party ahead of the governorship election.

He stated this while speaking with Radio Nigeria on the recent Appeal Court Judgment upholding the suspension of Adams Oshiomhole as the National Chairman of the party.

Mr Ogunsola expressed the worry that the suspension of Mr Oshiomhole and the possible defection of the incumbent governor, Godwin Obaseki to another party would be a big minus to the APC in the state.

While nothing that the sitting governor was an asset to any political party, Mr Ogunsola hinted that other parties would be eager to accept Obaseki to their parties.

The political scientist maintained that the body language of Oshiomhole was signaling autocracy and may as well confer sympathy votes on Obaseki.

He noted that the suspension of Oshiomhole would deepen the crisis of the party in the state.

It would be recalled that the Appeal Court on Tuesday 16th of June, 2020, upheld the suspension of Adams Oshiomhole just hours after the state governor formally announced his resignation from the party.

Adedayo Adelowo

Judiciary

President Buhari Nominates Dongban-Mensem as Appeal Court President

By Web News 593 0

President Muhammadu Buhari, in-line with his constitutional responsibility has sent the nomination of Her Lordship, Justice Monica Dongban-Mensem, Acting President, Court of Appeal to the Senate for confirmation as President, Court of Appeal.
 
Justice Dongban-Mensem is a serving Justice of the Court of Appeal and was recommended, as is the practice, by the National Judicial Council for the nomination by the President.
 
Garba Shehu,
Senior Special Assistant to the President on Media & Publicity,
June 8, 2020

Politics

Oyo Govt/LG Chairmen Tussle: Court Adjourns till April 1

By Web News 824 0

The Appeal Court sitting in Ibadan has adjourned till April 1 to hear an appeal filed by the Oyo State Government against the May 6 judgment of the State High Court restraining the state government from sacking the elected local government chairmen.

At the mention of the case today, counsel to the embattled chairmen, Chief Niyi Akintola who already filed an application seeking a court order to stop the state government from appointing a caretaker committee withdrew the application to allow hearing of the main appeal to commence.

The court also allowed a motion filed by the respondents seeking an extension of time to respond to the appeal.

Counsel to the state government, Chief Kunle Kalejaye agreed with counsel to the respondents to fix a date for the hearing.

The panel, headed Justice Jimi Bada adjourned the case till April 1 for the parties to present and adopt their addresses. 

Sunday Ogunyemi

Yoruba

APC ati PDP fesi si idajo ile ejo kotemilorun gbekale lori idibo Gomina ipinle Oyo

By Web News 1619 0

Awon alatileyin egbe oselu Peoples Democratic party, PDP, ati All Progressives Congress, APC, lo n sope oludije awon lo jawe olubori nibi eto idajo t’ile ejo kotemilorun to fikale s’ilu Ibadan gbe kale lori awuyewuye tosuyo nidi eto idibo sipo Gomina n’ipinle Oyo.

Oludije sipo gomina labe asia egbe oselu APC, Oloye Adebayo Adelabu nibi eto idibo to waye l’ojo kesan, osu kefa, lo pe ejo kotemilorun leyin ti ile ejo to ngbo awuye-wuye eto idibo daa ejo won nu, to si fidi ijawe-olubori Gomina Seyi Makinde mule.

Ile-ejo kotemilorun sope, ijawe olubori Gomina Seyi Makinde eyi ti igbimo to ngbo awuye-wuye esi idibo gbe kale kun oju osuwon too, pelu alaye pe, oye katungbeyewo ejo naa waye amo ti gbedeke ogosan ojo tofin la kale fun igbimo naa ti koja.

O wa sope ki nkan wa bose wa, saaju idajo igbimo ton gbo awuye-wuye esi idibo leyi to nfidi Onimoero Seyi Makinde, mule gege bi Gomina.

Nibamu pelu idajo naa, awon ololufe egbe oselu APC lawon agbegbe kan nilu Ibadan, nsajoyo lori idajo naa, tawon ololufe egbe oselu PDP miin naa sit un ndunnu pea won lawon jawe olubori ninu eto idajo ohun.

Nigba to nfesi Gomina Seyi Makinde sope mimi kan omi ohun gege bi Gomina toripe, kosi idajo kankan to tako iyansipo oun.

Ewe, atejade eyiti oluranlowosakowe ibaralusoro f’egbe oselu APC n’ipinle Oyo, Omooba Ayobami Adejumo fisita sope egbe oselu naa yoo pejo losi ile-ejo togajulo lati le fidi ijawe olubori won mule.

Oluwayemisi Dada/Kemi Ogunkola