TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Appeal Court reserves judgement in Cross River guber tussle

The Citizen by The Citizen
December 3 2015
in Latest News, Uncategorized
A A
0

The Court of Appeal sitting in Abuja has reserved judgement in the suit filed by Joe Agi, SAN against Cross River Governor Ben Ayade and his Peoples Democratic Party (PDP) as well as the Independent National Electoral Commission (INEC) relating to the April 11, 2015 gubernatorial election in the state.

The Justice Tinuade Akomolefe Wilson-led three-man panel took the decision after hearing submissions by parties to the matter.

Dissatisfied with the decision of the Federal High Court, Abuja declining jurisdiction to entertain his ‘grievance,’ Agi headed for the appellant court with seven grounds of appeal over the issue of age falsification against the governor.

Justice Abdul Kafarati had on July 31, 2015 in Suit No. FHC/ABJ/CS/25/2015 between Agi, SAN v. PDP and two others dismissed the case.

In the notice and grounds of appeal, Agi averred that “the learned trial judge erred in law and thereby occasioned a miscarriage of justice to the appellant when he declined jurisdiction and held that “the issue of payment of non-payment (sic) of subscription fees by a member of political party is an internal affair of the party concerned for which the court do not have jurisdiction to entertain”.

He argued that “the issue of non-payment of subscription fees by the third respondent (Ayade) is an infraction to the binding constitution and guidelines of the first respondent which is a condition precedent for qualification and must be fulfilled by an aspirant of the party to the gubernatorial election and the court has jurisdiction to entertain a suit founded on complaint relating to non-compliance with the constitution or guidelines of the first respondent (PDP) as a political party.

“The decision of the lower court upholding the preliminary objections of the 1st and 3rd respondents only dealt with the one ground of the appellant’s case without considering the ground of the appellant’s case bordering on presentation of conflicting age(s) declaration by the 3rd respondent to the 1st respondent contrary to Article 14 (b) and 15 (2) of the Electoral Guidelines for the Primary Elections 2014 of the Peoples Democratic Party (Exhibit JA5) and the Electoral Act.”

He said for the lower court to rely on “the decision of the Supreme Court in Ardo v. Nyako (2014)…is not applicable to the facts of the present case as the applicant in Ardo’s case did not participate in the party’s primaries which he complained against whereas the present appellant participated in the party’s primaries/choosing process and as such has the locus to complain about the non-compliance with the party’s constitution and guidelines.

The decision of the Supreme Court in Ukachukwu v. PDP (2014) 17 NWLR (Part 1435) 134 is on all fours with the facts of the appellant’s case and should have been applied and relied upon by the lower court”.

Agi further averred that the “learned trial judge misdirected himself in law when he predicated his decision on a point not validly raised by any of the parties when he held that: ‘the second issue raised by the plaintiff (Agi) borders on criminality, to wit, forgery and perjury. I do not want to waste time on this. It is trite that both forgery and perjury being criminal offences have to be proved beyond reasonable doubt. This suit was commenced by way of originating summons. It is impracticable to prove these by way of affidavit evidence. …”

But in his appeal, Agi said: “The issue of forgery and perjury never arose from the pleadings or evidence of any of the parties. The 1st respondent raised the issue of forgery and perjury for the first time in its oral submission in adumbration of his address without any scintilla of pleadings or evidence backing same.

He continued: “The lower court brushed aside the mandatory provisions of Articles 14 (b) and 15(2) of the Electoral Guidelines for the Primary Elections 2014 of the Peoples Democratic Party (Exhibit JA5) and Section 87 (10) of the Electoral Act, 2010 (as amended) in order to do justice which consequently occasioned grave miscarriage of justice to the appellant”

“The issue of conflicting and contradictory declaration of age(s) by the 3rd respondent only raised question of non-compliance with mandatory provisions of applicable laws and guidelines of the 1st respondent and has nothing to do with forgery and/or perjury to be proved beyond reasonable doubt as erroneous held by the lower court”.

The lower court, according to Agi, erred in law when it held inter alia that “it was not pointed out by the plaintiff which document was forged. All these need to be properly investigated which had not been done.”

Previous Post

Rivers suspends overseas scholarships for students

Next Post

Man, 57, dies aboard Lagos-bound flight

Related Posts

NAF names 25 victims of Ondo aircraft crash
Headlines

NAF names 25 victims of Ondo aircraft crash

October 6 2026
Ondo air crash pilot dies two weeks after wedding
Headlines

Ondo air crash pilot dies two weeks after wedding

October 6 2026
2027: Why I can’t step down for Atiku – Peter Obi
Headlines

I left Anambra debt-free, Peter Obi insists

September 25 2026
NECO suspends 2020 exams indefinitely
Latest News

NECO records 58.67% pass rate in English, Maths

September 25 2026
Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio
Headlines

Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio

September 23 2026
Tinubu orders probe into death of detained miners in Niger State
Headlines

Tinubu orders probe into death of detained miners in Niger State

September 19 2026
Next Post

Man, 57, dies aboard Lagos-bound flight

Cameroonian soldiers kill 100 Boko Haram militants, free 900 hostages

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

GLOBAL NEWS

France braces for nationwide school protests after injuries, mass arrests

France braces for nationwide school protests after injuries, mass arrests

by The Editor
October 6 2026
0

...

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

State of the States

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Asharami Ghana commissions 6,000MT LPG storage facility, expands Ghana’s storage capacity by 10%

Asharami Ghana commissions 6,000MT LPG storage facility, expands Ghana’s storage capacity by 10%

October 6 2026
Rivers State shuts 21 health facilities, arrests 3 over alleged quackery

Rivers State shuts 21 health facilities, arrests 3 over alleged quackery

October 6 2026
France braces for nationwide school protests after injuries, mass arrests

France braces for nationwide school protests after injuries, mass arrests

October 6 2026
Dance-scipline: Mob’s bizarre punishment for theft suspects

Dance-scipline: Mob’s bizarre punishment for theft suspects

October 6 2026

EDITORIAL REVIEW

Averting another workers’ strike – Punch

Averting another workers’ strike – Punch

by The Editor
October 6 2026
0

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.