Nigerian courts last year recorded high profile cases, many of which made newspapers and magazines headlines because of their nature and personalities involved. The list includes cases involving the President, former Head of States, former Vice-President, sitting and past governors, serving and former ministers, members of the National Assembly, heads of government agencies and notable party leaders, among others. Topmost among the cases decided during the year in review was the one between President Umaru Yar'Adua on one hand and Mohammadu Buhari of the All Nigeria Peoples Party (ANPP) and Atiku Abubakar of the Action Congress (AC) on the other hand, challenging the upholding of Yar'Adua's election by the Court of Appeal. LAW EDITOR, Adam Adedimeji, compiled a number of the cases, which together made our 'Cases of the Year 2008'.
Supreme Court
The highest court in the land, the Supreme Court on December 12, 2008 affirmed the election of Umaru Yar'Adua of the Peoples Democratic Party (PDP) as the winner of the presidential election conducted on April 21, 2007.
This declaration of the 18 month-old suit hopefully brings to an end wrangling over the legitimacy of President Yar'Adua's administration.
The judgment was in respect of the appeals filed by Mohammadu Buhari and Atiku Abubakar, presidential candidates of the All Nigeria Peoples Party (ANPP) and Action Congress (AC) respectively, challenging the upholding of Yar'Adua's election by the Court of Appeal.
Four of the seven judges, who handled the case namely Justices Idris Kutigi, Chief Justice of Nigeria, Iyorgyer Katsina-Alu, Niki Tobi and Dahiru Mustapha upheld the election in the majority ruling. But the judgment did not go down well with the likes of Gani Fawehinmi (SAN) and Wole Soyinka, Nobel Laureate, who faulted it. Both argued that it was unlike the Supreme Court's judgment in the 1979 presidential election between former President Shehu Shagari and late Obafemi Awolowo. To press home his displeasure, Soyinka returned the money attached to his Nigerian National Merit Award, saying it should be used for the cleansing of the judiciary.
Court Of Appeal
On July 14, 2008 -The Court of Appeal endorsed the disputed election of Senator David Mark as President of Nigeria's Senate, dismissing a tribunal's ruling in February, which nullified his election as a holder of the third highest political office in the country.
A Federal Court of Appeal sitting in central city of Jos, Plateau State affirmed the election of the country's Senate President, saying that it is also setting aside ruling made in February by state's electoral tribunal. His election was challenged by Usman Abubakar popularly known as Young Alhaji of the opposition ANPP.
Also, the Court of Appeal sitting in Benin, on November 10, 2008 confirmed former President of the Nigeria Labour Congress (NLC), Comrade Adams Oshiomhole, the Action Congress candidate in the April 2007 governorship election, the duly elected governor of the state.
The five-member panel headed by the President of the Court of Appeal, Justice Umaru Abdullahi, while ruling on the suit filed by Professor Oserheimen Osunbor declared that Oshiomhole polled the highest number of votes in the election.
The election petitions tribunal had in March 2007 declared Oshiomhole the winner of the governorship poll in Edo State, having recorded the highest number of votes in all the local government areas of the state.
And on December 20, Appeal Court sitting in Abuja stopped the trial of the former Governor of Delta State, James Ibori, at the Federal High Court, Kaduna.
The three panel justices comprising Moshood Oredola, Amina Augie and Abdulkadir Jega held that EFCC, which sued Ibori, lacked the powers to prosecute him outside where his alleged offences were committed. The matter has thus been sent back to the Chief Judge of the Federal High Court for reassignment.
Federal High Court
On December 23, 2008, EFCC took former Aviation Minister, Femi Fani-Kayode before Justice Ahmed Ramat Mohammed of the Federal High Court in Lagos over alleged money laundering and corrupt enrichment worth over N230 million. The EFCC alleged that Fani-Kayode deposited the money into his account at the Apapa branch of a new generation bank. The money, according to be prosecution, was a proceeds of corruption. Fani-Kayode was later granted bail by the court after spending 10 days in custody.
On December 18, 2008, former Edo State Governor, Lucky Igbinedion, was convicted on a one-count charge of corruption by the Federal High Court, Enugu.
Igbinedion, did not, however, go to jail as he was merely fined N3.6 million.
The light sentence was the result of a plea-bargain arrangement the former governor entered into with the Economic and Financial Crimes Commission.
But the commission, which arraigned him alongside four companies in which he had interests in, rejected the judgment, saying it would go on appeal.
The EFCC, which had filed a 191-count charge of corruption, money laundering and embezzlement against Igbinedion and the companies made a volte face two days after by dropping the charges. It filed an amended 24-count but arraigned him on just a count.
Igbinedion, who had earlier pleaded not guilty to the 191-count charge, admitted being liable to the one-count charge.
Again on August 30, Economic and Financial Crimes Commission (EFCC) arraigned former Oyo State Governor, Rasheed Ladoja, before a Federal High Court in Lagos over alleged mismanagement and misapplication of funds totaling N4.5 billion the same day Governor Segun Oni of Ekiti State's election was upheld by the election tribunal.
On June 30, former Governor of Ekiti State, Ayodele Fayose, lost in a bid to scuttle the criminal charge against him. Justice Tijani Abubakar of the Federal High Court in Lagos dismissed the application to quash the charges for lack of merit. The Economic and Financial Crimes Commission (EFCC) is prosecuting him over alleged money laundering and corrupt enrichment to the tune of N1.5 billion. Few months later, Fayose applied again for stay of proceedings pending the hearing and determination of the appeal against the decision of the court to allow the matter to go on trial, but Justice Abubakar struck out the motion.
Former Governor Joshua Dariye also sued his successor in office, Governor Jonan Jang of Plateau State on September 25 over probe of his administration at a Federal High Court, Abuja.
On November 8, a Nigerian-based Indian businessman, Patrick Fernandez, was arraigned by the EFCC before a Federal High Court in Lagos for allegedly attempting to defraud some Nigerian banks to the tune of N32 billion. The matter is still pending before the court.
Abuja High Court
Police also arraigned the suspended NDDC Chairman, Sam Edem, for stealing N800 million on August 19 and granted bail by the Abuja High Court on August 21.
On October 30, former Chairman of EFCC, Nuhu Ribadu, filed a suit at the Federal High Court in Lagos in which he challenged the decision of the police authorities to demote him from the rank of Assistant Inspector General of Police (AIG) to Deputy Commissioner of Police (DCP). The suit was later struck out by the Chief Judge of the Federal High Court, Abdullahi Mustapha after Ribadu's counsel, Tayo Oyetibo (SAN), applied to withdraw the suit on the ground that it had been overtaken by events.
The former EFCC boss refilled another suit at the Abuja division of the court, but it was again struck out.
Again and precisely on December 1, Governor Daniel's security aid sued Senator Iyabo Obasanjo-Bello for assault just a day before the courts were deserted as JUSUN began strike on December 2. And on December 3, a policeman, Oyebanji Oluniyi, jailed for seven years for manslaughter same day the Niger Delta Development Commission (NDDC) MD, Timi Alaibe, was summoned by the Code of Conduct Bureau over non-declaration of assets.
Lagos High Court
Justice Olubunmi Oyewole of an Ikeja High Court was on August 13 granted bail to the former Peoples Democratic Party (PDP) Deputy National Chairman (South), Olabode George, and others standing trial on alleged fraud and mismanagement of the Nigerian Port Authority (NPA) funds. A day after, Governor Olusegun Agagu of Ondo State filed an appeal against the judgment of the state election petition tribunal, which declared Segun Mimiko of the Labour Party (LP) winner of the governorship election in the state.
The divorce suit between Gbenga Obasanjo, the eldest son of former President Olusegun Obasanjo and his estranged wife, Moji, also came up on January 23 at the Lagos High Court sitting in Ikeja. The case before Justice Williams Dawodu was instituted by Gbenga, citing irreconcilable differences between him and his wife.
Election Petition Tribunals
The Osun State Election Petition Tribunal, sitting in Osogbo also courted controversy. The tribunal which handled the governorship petition of Rauf Aregbesola, Action Congress (AC) candidate against Olagunsoye Oyinlola of the Peoples Democratic Party (PDP) was rocked by allegations of scandal.
However by mid-January this year, three important appeals will be settled by various divisions of the appellate court. The Ibadan division of the Court of Appeal will lay to rest the ongoing battle between the Oyo State All Nigeria Peoples Party (ANPP) candidate, Abiola Ajimobi and the incumbent governor of the state, Adebayo Alao-Akala, who was declared as winner of the April 2007 polls by the lower tribunal.
The same division would also settle the legal fray between the Action Congress (AC) candidate in Osun State, Rauf Aregbesola and the incumbent governor of the state, Olagunsoye Oyinlola.
In Ondo State, election petition has moved to the appellate court in Benin with the incumbent governor, Dr. Segun Agagu, challenging the tribunal's decision that nullified his election and declared as winner, the Labour Party candidate, Dr. Segun Mimiko.
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