APPEAL COURT Archives - CITY LAWYER MAGAZINE

EDITOR'S CHOICE
Sep 30, 2022
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APPEAL COURT AFFIRMS EBONYI LABOUR PARTY GUBER CANDIDATE, EXCO

The Court of Appeal, Enugu Division has set aside the decision of the Federal High Court sitting in Abakaliki delivered on 3rd August, 2022. In a unanimous decision in appeal No. CA/E/224/2022 between Labour Party and its officials and Eze Oko, the Court held that the appellants were denied fair hearing.

The court upheld the argument by the Lead Counsel for Labour Party, Mr. Chijioke Emeka (SAN) on the power of the party to determine its caretaker leadership. It also set aside the decision of the lower court restraining Labour Party and INEC from substituting its candidate as being speculative and anticipatory, and agreed with the party that nothing was placed before the lower court to support the claim.

The Appeal Court panel was constituted by Justices Uzoamaka Ndukwe-Anyanwu, Joseph Olubunmi Oyewole, and Joseph Eyo Ekanem. Justice Ekanem read the lead judgement setting aside the decision of the lower court.

In the original suit, the Plaintiff, Mr. Eze Oko, challenged his removal as Chairman of the Caretaker Committee of Labour Party in Ebonyi State and the appointment of Hon. Jioke Godwin in his stead.

Oko had also asked the lower court to restrain Labour Party and the Independent National Electoral Commission (INEC) from effecting any change in its candidature in Ebonyi State for the governorship election. All the prayers were granted.

But Emeka had argued before the Court of Appeal justices that Labour Party was denied fair hearing in the manner in which the court entered judgment against the appellants. He argued that the party has power to control its leadership without judicial interference. The senior lawyer also contended that the issue on the governorship candidature of Labour Party in Ebonyi State was speculative and premature.

Mr. E. C. Ikeji, Counsel for the 1st Respondent, argued that Labour Party was given fair hearing by the lower court, adding that although Oko’s tenure as caretaker chairman had lapsed, the lower court was right to grant him reliefs relating to his governorship candidature of Labour Party for the 2023 election.

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EDITOR'S CHOICE
Sep 21, 2022
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NBA BLASTS EFCC FOR INVASION OF JUDGE’S HOME, WANTS OPERATIVES PUNISHED

The Nigerian Bar Association (NBA) has strongly condemned invasion of the home of Presiding Justice of the Court of Appeal, Kano Division, Justice Ita Mbaba by operatives of the Economic and Financial Crimes Commission (EFCC).

In a statement made available to CITY LAWYER and personally signed by NBA President, Mr. Yakubu Maikyau SAN, the association demanded an apology from the anti-graft agency and punishment for the operatives that carried out the invasion.

According to the statement, “The NBA strongly condemns the intrusion of the residence of His Lordship; it is unwarranted and completely unacceptable. Whilst we do not in any way, oppose and will not stand in the way of the EFCC or any other law enforcement agency in the discharge of its statutory duties, the NBA will lawfully resist any attempt to harass, intimidate or in any way bully our Judges and Justices.

“The timing and manner of the “Property Verification Exercise” leaves much to be desired, to say the least. Such verification could have been done without armed operatives, at a more appropriate time of the day and through a civil process. We are a Country of laws and regulations, and we must show regard for the Rule of Law and due process.

“I therefore call on the EFCC to not only take appropriate disciplinary actions against the concerned officers, but also issue a public apology to His Lordship, the Presiding Justice of the Court of Appeal, Kano Division and the entire judiciary. The NBA will monitor the observance of these demands.”

CITY LAWYER had reported that EFCC operatives stormed the residence of the jurist early today, raising concerns about his safety.

To read the full text of the statement, click here.

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EDITOR'S CHOICE
Mar 21, 2021
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Comments Off on A/COURT SCREENING: ‘I PLAYED KEY ROLE IN NJC DUMPING NOMINEES,’ SAYS CAROL AJIE

A/COURT SCREENING: ‘I PLAYED KEY ROLE IN NJC DUMPING NOMINEES,’ SAYS CAROL AJIE

RIGHT OF REPLY

Fiery Bar Activist and former Secretary of the Nigerian Bar Association (NBA), Lagos Branch, Dame Carol Ajie has said that she contributed to the dropping of two candidates who allegedly performed poorly during the National Judicial Council (NJC) screening of the nominees for elevation to the Court of Appeal.

In a rejoinder to CITY LAWYER‘s report on the matter, Dame Ajie narrated her high-profile interventions on the controversial screening exercise, adding that CITY LAWYER did not credit her efforts as contributing to the reversal of fortunes suffered by the affected jurists.

Below is the full text of the rejoinder which was sent to CITY LAWYER.

NBA vs NJC Appellate Court Nominees: Mr Emeka Nwadioke – Unfair Reporting

As you privately twice acknowledged yesterday Saturday 20th Match I wrote self inspiringly interventionist views on the above subject many including Gambo Saleh NJC Secretary received it I I also sent it to Ms Hadiza Supreme Court Chief Registrar on my contact list via WhatsApp and email to a former CJN Mariam Muktar GCON. I believe a number of people were surprised that I backed Akpata on anything cos they had perceived I won’t and couldn’t back him.

Perhaps I don’t know the part of the real reason for NJC U Turn arose from the shocking endorsement I have Akpata though you are too dishonest to admit it in your poor article which I have trashed.

A former NBA GS who shall not be named wrote me a long whatsapp text yesterday to dump support for Akpata on this I didn’t buckle. I said Akpata is right.

I sought on my own initiative to back him that is why I wrote my interventionist text like that. If I didn’t want to back him I know how to write Read a draft of what would have appeared anti Akpata

An NBA President Akpata who never hid his aversion for the court room suddenly becomes an advocate of who a good appellate court Judge should be. Please Distinguished readers trash it. You know Akpata is conventionally greedy he has zero record on public interest chances are that as NBA President he probably had his preferential candidates who didn’t pass the mark set by CJN/NJC A transactional lawyer indeed should not be telling a CJN who is eligible for the bench when not his turf. Thank U
End

Chidi Odinkalu himself cannot file a motion he knows nothing about litigation he has no practice he was never in practice.

But why put down Akpata or Chidi they are my Brothers I said one from Midwest plus Akpata actually is UNIBEN Alum. As a Catholic Christian I said he has taken a right step let me publicly support him. That z it. As for Chidi he is my Brother I call him Brother CAO hus (sic) initials

If I wrote that anti Akpata and shared it within half an hour it would get to CJN through Ahmed Gambo.Saleh and Madam Chief Registrar SC or other sources. Trust me they will say Iroko Tree Ajie is against Akpata and she is for us CJN CR SC NJC Secretary and the fight goes on . Note there is no NBA nominee into FJSC I didn’t support Usoro and they read me and as you know CJN has not yet resolved it

My friends may not be happy with me that I backed Akpata openly I mean my friend Madam CR SC and then I am now reading a dishonest report in City lawyer magazine that failed to give credence to efforts in a struggle I courageously took part in my name on it

If you don’t know how to address me I am a Georgetown scholar I read for it on my degree certificate are the appellation Professor Scholar Juris I didn’t inherit it and as a renowned Constitutional Law lawyer I changed a few provisions in the Nigerian Constitution through documented struggles google search Carol.Ajie and Constitutional Law I have an Intl human rights certificate from Georgetown which cannot be bought with all the money in the World I worked to get my credentials Dues fully paid.

Best regards
CA

Copy Mr Akpata etc

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Mar 04, 2021
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Comments Off on WORKERS’ UNION: APPEAL COURT REVERSES APPOINTMENT OF EX NBA CHIEFTAIN AS PUBLIC TRUSTEE

WORKERS’ UNION: APPEAL COURT REVERSES APPOINTMENT OF EX NBA CHIEFTAIN AS PUBLIC TRUSTEE

FEATURED

AGREES WITH DR. LESLIE OLUTAYO NYLANDER, SAN

The Court of Appeal sitting in Abuja has reversed the appointment of fiery activist and former Nigerian Bar Association (NBA) Vice President, Mr. Monday Onyekachi Ubani as the Public Trustee of the Nigeria Civil Service Union.

Ruling on a motion brought by Ubani’s counsel and former NBA presidential candidate, Chief Joe-Kyari Gadzama SAN (with him, Darlington Onyekwere, Esq and Mark Chidi Agbo, Esq) for change of counsel in Appeal No. CA/A/1089/2019, The Nigeria Civil Service Union (Appellant) And Comrade Benson Ekasa & 3 Ors (Respondents), the Presiding Judge, Justice A. A. Adumien held that the President of the National Industrial Court (NICN) acted ultra vires his powers when he appointed a public trustee for the union on 29th December, 2020 after the Appellant (then represented by its Executives) had compiled, transmitted and exchanged briefs.

The court further held that the appeal had long been properly entered and the court below lacked jurisdiction to make any further pronouncement on the matter. The Court of Appeal also held that the public trustee should stop parading or acting as the public trustee of the Appellant, adding that any process filed in the court by the public trustee or through his lawyer would be discountenanced.

Chief Gadzama had filed a motion on behalf of the public trustee to withdraw the appeal settled by Mr. Leslie Nylander SAN (with him, Chika Eze Esq for Chief Lawrence Uchechukwu Amaechi, President, Nigeria Civil Service Union) on behalf of the executives of the Appellant union, arguing that with the appointment of the public trustee, Ubani became the alter ego of the troubled union and the mantle fell on him to take over all the affairs of the union, including the appeal.

In his counter argument, Nylander contended that the application was premature, as the current executives were challenging the order of the lower court to appoint a public trustee. He argued that legal representation had to be sorted out first.

He further submitted that allowing the public trustee to take over the appeal that was instituted by the Executives of the Appellant was tantamount to robbing them of their constitutional right of appeal, especially as the appeal was rightly and timeously entered and briefs exchanged by the parties as far back as November 2019 and February 2020 respectively, prior to the appointment of the public trustee on December 29, 2020.

Nylander submitted that part of the applications pending before the court is a motion to stop the appointed trustee from acting in that office, adding that any further act by the public trustee would render the whole appeal nugatory and foist a fait accompli on the court. He further argued that the President of the National Industrial Court failed to follow the laid down procedure as enshrined in Order 59 of National Industrial Court (Civil Procedure) Rules 2017 in appointing the public trustee.

The 1st Respondent was represented by Chinyere Moneme, Esq while the 2nd Respondent was represented by Mohammed Ndarani Mohammed SAN (with him, Stephen Apeh, Esq).

When contacted on the ruling, Ubani told CITY LAWYER tersely: “We are studying the decision. I may appeal it.”

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