Official Twitter account for the Court of Appeal, Nigeria. The Nigerian CoAs are the intermediate appellate courts of the Nigerian Federal Court system.
4/09/2023
PRESS STATEMENT
The Court of Appeal wishes to inform the General Public that judgment in the following petitions before the Presidential Election Petition Court will be delivered on Wednesday 6th September, 2023:
2nd June, 2023
PREPEC 2023: Labour Party and it's candidate, Peter Obi has tendered as evidence, Exhibits of Certified True Copies from INEC by tendering additional Local government from Thursday's exhibits which were 6 additional Local government from Rivers and 1 from Niger.
CERTIFIED TRUE COPY OF THE PRESIDENTIAL ELECTION PETITION COURT 2023 JUDGEMENT
Having considered and decided that the three Petitions Nos. CA/PEPC/03/2023; CA/PEPC/04/2023 and CA/PEPC/05/2023 are…
Follow the link below for the CTC of the Judgment 👇
REPORT OF THE PREPEC 2023 PRE-HEARING SESSION
The Petition by Mr. Peter Gregory Obi and Labour Party was filed on the 20th of March, 2023.
In the Pre-hearing Session held from the 8th of May, 2023 to the 20th of May, 2023 the following were considered by the Honorable Court 👇
6th September, 2023
PREPEC 2023: JUDGEMENT UPDATE
The Presidential Petition Election Court (PREPEC) has dismissed the petition brought before it by the APM, LP and PDP challenging the victory of President Bola Ahmed Tinubu in the 2023 General Elections.
5th July, 2023
PREPEC 2023: Tinubu &APC closed their case in the petition by Obi &LP by tendering several documents before the Court
Among documents tendered is LP’s membership register in Anambra& 3rd Respondent’s voluntary withdrawal of candidacy from Borno Senatorial election
16th June, 2023.
PREPEC 2023: Continued with the cross examination of the witnesses of LP and Peter Obi.
The Professor in Mathematics was cross examined by Counsels to the Respondents.
The 2nd witness tendered exhibits of the video clip of INEC's Chairman at the Chatham House.
6th September, 2023
PREPEC 2023: JUDGEMENT UPDATE
The 2023 Presidential Petition Election Court judgment is on going and being transmitted live.
So far, PREPEC has dismissed the petition by APM for lacking in merit as it has no locus standi having been a pre-election matter.
18th May, 2023
PREPEC 2023 has adjourned the hearing of the petition by Atiku Abubakar and the PDP requesting for live broadcast of the Presidential Petition Election Court to 19th May, 2023.
3rd July, 2023
PREPEC 2023: INEC could not open its defense in the suit by LP & Peter Obi challenging the victory of Bola Tinubu.
At the commencement of the hearing, INEC through its Counsel, told the Court that their witness scheduled to testify was unable to make it to Court.
THIS WEEK IN THE PRESIDENTIAL PETITION ELECTION COURT (PREPEC)
8th May, 2023
* PREPEC 2023 Dismissed the petition brought before it by Action Alliance AA & its Presidential Candidate.
* PREPEC 2023 Adjourned pre-hearing on the petitions by APP & LP till 10th May, 2023.
15th November, 2023
15th November, 2023
The Court of Appeal has reserved its judgment on the appeal filed by Nasarawa State Governor of APC, Alhaji Sule Audu challenging the judgement of the Election Petition Tribunal that declared Emmanuel David Ombugadu of PDP as winner.
The states admitted in evidence by the Petitioners Counsel were: Adamawa 21 Local governments, Bayelsa 8, Oyo 31, Edo 18, Lagos 20 & Akwa Ibom 31.
Admissibility to the exhibits were objected to by all the Respondents stating they will advance their arguments in their addresses.
22nd May, 2023.
PREPEC 2023 has equally dismissed the application brought before it by Labour Party & Peter Obi requesting for the live broadcast of the PREPEC proceedings. The 5-member panel led by Hon. Justice Tsammani found the application lacking in merit & thus dismissed.
13th June, 2023
PREPEC 2023: LP has tendered more evidence of the CTC of electoral documents from INEC.
Counsel to the petitioners tendered forms EC40G PU for Niger State of 10 LGAs including 5 reports of election conduct in the state.
PREPEC 2023: Has Reserved Judgement on the Petition brought before it by APM challenging the outcome of the 2023 Elections.
Counsel to the Petitioner tendered and adopted their final written addresses and reports by all the parties and urged the Court to grant their Petition.
1st August, 2023
PREPEC 2023: Has reserved it’s Judgment on the Petition brought before it by Peter Obi and his party LP challenging the victory of Bola Tinubu in the 2023 Presidential Elections.
31st May, 2023
PREPEC 2023 has adjourned the hearing of Mr. Peter Gregory Obi and Labour Party's petition to Thursday 1st June, 2023.
Counsel to Peter Obi & LP requested for an adjournment due to the unexpected ill health of two key members of staff.
31st October, 2023
The Court of Appeal sitting in Abuja has dismissed the appeal brought before it by the candidate of the APC Abubakar Ohere challenging the decision of the lower Tribunal in the Kogi Central Senatorial District election declaring Natasha Akpoti-Uduaghan winner.
15th June, 2023
PREPEC 2023: Has admitted in evidence the witness statement of the Subpoenaed Witness of the LP and Peter Obi.
Counsel to the Petitioners, tendered the documents through it’s 4th witness, PW4, a professor of Mathematics at the Nnamdi Azikiwe University, Awka.
1st June, 2023
PREPEC 2023 sitting on Thursday received evidence of electoral materials from 6 states by the Labour Party and Mr. Peter Obi.
Counsel to the Petitioners, told the Court that they are only interested in the election results from 18 states in the country.
5th July, 2023
PREPEC 2023: Tinubu has closed his defense against the petition filed by Atiku & PDP
Counsel to the Respondent tendered CTC of documents, amongst which are forms EC8D and EC8DA from Kano State.
Admisibility of the documents were objected to by the Petitioners.
1st August, 2023.
PREPEC 2023: Has reserved Judgment on the Petition brought before it by Atiku Abubakar and PDP challenging the outcome of the 2023 Presidential Elections.
Counsel to the Petitioner & Respondents tendered & adopted their final written addresses before the Court
14th June, 2023
PREPEC 2023 received CTC I-REV reports of 7 States by INEC tendered by LP & Peter Obi.
They are Benue State,Niger,Edo,Bauchi with blurred copies,Bayelsa with blurred copies&cancelled election copies,Gombe with CTCs of blurred copies,&Kaduna with blurred copies
11th September, 2023
Opening ceremony of the Building Maintenance and Environmentally Friendly Concept Workshop organized by the Court of Appeal in collaboration with Mamven Ltd for the Engineering Staff of the Court.
REPORT OF THE PREPEC 2023 PRE-HEARING SESSION
The Petitioners Atiku Abubakar and his party PDP filed this Petition on the 21st of March, 2023.
In the Pre-hearing Session held from the 8th of May, 2023 to the 22nd of May, 2023
the following were considered by the Honorable Court
3rd July, 2023
PREPEC 2023: Opening its defense in the petition by Atiku Abubakar & the PDP,INEC introduced its first witness,an Assistant Director in the ICT Department of INEC
The witness who adopted his witness statement on oath was led in evidence by the lead Counsel of INEC
4th July, 2023
PREPEC 2023: INEC has opened its defense in the petition by Peter Obi and LP.
Counsel to INEC tendered no. 1,2,3 ,4 and 7 of the Schedule of documents before the Court. However, Counsel to the Petitioners objected to the admissibility of some of the documents
PREPEC 2023 has adjourned the petition filed by Mr Peter Gregory Obi and his party Labour Party (LP)
against the Mr Bola Ahmed Tinubu till
Wednesday, May 31.
During the hearing, Peter Obi and
the LP presented their first witness to the court.
The last subpoenaed witness was a broadcaster of AIT. The witness who hosts the 'Democracy Today' show on AIT,tendered video evidence of INECs Chairman assuring Nigerians of the use of BVAS in the 2023 elections,saying that there won't be need for incidence forms for the election
31 May,2023
PREPEC 2023 further adjourns the hearing of the petition by the PDP and Atiku Abubakar till 1st June, 2023.
Counsel to the Petitioner tendered exhibits of CTC from INEC's voters accreditation,BVAS,summary of election results &reports from polling units in every State
4th July, 2023
PREPEC 2023: Tinubu has opened his case in defense of the petition filed by Atiku and PDP.
Counsel, to Tinubu (2nd Respondent), tenderd sets of documents listed as: letters from the Nigerian Police to the US Embassy in connection to the 2nd Respondent
THIS WEEK IN PREPEC 2023 👇
19th June, 2023
PREPEC 2023: Counsel to the Petitioner APM informed the Court that they were able to get the SC judgement through the office of Fagbemi SAN, Counsel to APC & having gone through the judgement, they can still continue instant petition
14th June, 2023
PREPEC 2023: Counsel to the Petitioner PDP and Atiku, invited a statistician as witness.
Three sets of reports prepared by statisticians on the electoral forms used during the last presidential election was tendered as exhibit before the Court.
6th November, 2023
The Court of Appeal sitting in Abuja has reinstated Yusuf Umar Datti of NNPP as the elected representative for Kura/Madobi/Garun Malam Federal Constituency in Kano State and sacked Rep. Iliyasu Musa Kwankwaso of APC.
THIS WEEK IN THE COURT OF APPEAL
13th October, 2023
The Court of Appeal reserved its judgement in the appeal brought before it challenging the decision of the lower Tribunal in the Kogi Central Senatorial District election declaring Natasha Akpoti winner.
16th June, 2023
PREPEC 2023: The Peoples Democratic Party (PDP) and it candidate, Alhaji Atiku Abubakar, invited Senator Dino Milaye before the court as a witness.
Counsel to the Petitioner, also tendered documents produced by the INEC's Chairman on subpoena.
Admissibility of all the subpoenaed witness statements on oath were objected to by Counsels to the 1st, 2nd, 3rd and 4th Respondents saying that they will give their reasons to the objections at their final addresses.
1st June, 2023
PREPEC 2023 has received evidence witnesses statements from Atiku Abubakar & PDP.
Counsel to the Petitioners presented 3 witnesses to tender their depositions by oath&respond to questions from respondents counsels.
15th June, 2023
PREPEC 2023: PDP through its Counsel invited a subpoenaed witness.
The witness a Statistician who had worked at the PDP Situation Room, confirmed that he is an expert in his field and has experience in INEC'S electoral process asides this year's election.
10th June, 2023
* PREPEC 2023: Counsel to the Petitioner, Atiku & PDP, presented two subpoenaed witnesses who were adhoc staff of INEC during the 2023 General Elections.
* PREPEC 2023: Struck out the application by the Labour Party for leave to deliver Interrogatories to INEC.
13th June, 2023
PREPEC 2023: PDP & Atiku has presented a star witness who tendered video evidence before the Court.
The evidence were video clips with the transcribed copies of INECs Chairman & National Commissioner, assuring Nigerians of the use BVAS & press conference by EU
3rd August, 2023
The Chief Magistrate Court 1 in Minna, Niger State on Thursday, sentenced a man Idris Baba Hassan to 2yrs imprisonment with an option of N100,000 fine for impersonating the Secretary of the National Assembly&State Assembly Elections Tribunal,Usman M Jankoli Esq
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22nd May, 2023.
PREPEC 2023 has dismissed the application brought before it by PDP and Atiku Abubakar requesting for the live telecast of the proceedings. This comes as the 5-member panel led by Hon. Justice Tsammani found the application lacking in merit.
2nd June, 2023
PREPEC 2023 continued hearing of the petition brought before it by Atiku & PDP on Friday as they presented 3 witnesses for questioning.
After hearing all witnesses, the matter was further adjourned to 5th June, 2023 for continuation.
He thus requested for an adjournment and informed the Court that they will be presenting 3 witnesses for their defense.
Petitioners Counsel, and the 2nd,3rd&4th Respondents Counsel, did not object to his request.
The panel consequently adjourned hearing till the 4th of July, 2023
Lead Counsel to Tinubu closed the defence of his witness as Counsel to APC informed the court that they will not be calling any witness &have closed their defence.
Chairman of the Panel, Justice H. Tsammani gave time to the Petitioners&Respondents to file their written addresses
The Petitioners equally tendered CTC of IREV documents of Adamawa in 21 LGA,Ogun 20 while 21 blurred copies of CTC from INEC of Ogun were also tendered,16 in Ekiti,19 in Rivers& 25 in Akwa Ibom
Admissibility of all documents tenderd were objected to by Counsels to the Respondents
REPORT OF THE PREPEC 2023 PRE-HEARING SESSION
The petition by the Allied Peoples Movement (APM) was filed on the 20th of March, 2023. The Pre-hearing Session held from the 8th of May, 2023 to the 22nd of May, 2023 the following were considered by the Honourable Court.
The admisibility of the documents were objected to by the Petitioners Counsel.
Counsel to the 2nd&3rd Respondents invited their witness,Sen. Michael Opeyemi Bamidele a practicing Attorney ¤t Majority Leader of the Senate
The witness was cross examined by respective Counsel
THIS WEEK IN PREPEC 2023 👇
5th June, 2023
* PREPEC 2023 hears the witness statement brought before it by the PDP and Atiku. At the sitting, Counsel to the Petitioners invited four witnesses to the witness stand.
6th November, 2023
The Court of Appeal has reserved its judgment in the appeal filed by the Governor of Kano State, Abba Yusuf, challenging his removal by the Election Petition Tribunal.
The Court reserved its judgment to a later date that would be communicated to the parties.
LP and it's candidate, Mr. Peter Obi were unable to prove that INEC deliberately refused to upload the results on IREV
Petitioners failed to substantiate their evidence that Tinubu is not qualified to run for election for merely being fined the sum of $460,000 in the USA
This Week in the Court of Appeal
8th March, 2023
The Court of Appeal sitting in Abuja on Wednesday, dismissed the suit by INEC urging it to vary the ex-parte orders made on 3rd March, 2023 to bring it in line with the provision of the Electoral Act, 2022
Upholding the declaration of Tinubu as President, the five-member panel lead by Hon. Justice Haruna S. Tsammani in a unanimous decision, said the petition by the Petitioners as lacks merit.
23rd February, 2023
2023 Elections: The European Union Election Observation Mission leads the 7 Members of the European Parliament on a Courtesy Visit to the President of the Court of Appeal.
While Counsel to the Petitioner urged the Court to rely and adopt all their addresses and allow the petition by granting all the reliefs sort as the petition is meritorious.
Having heard all parties, Chairman of the panel, reserved judgement on the Petition.
The Court of Appeal sitting in Abuja on Monday, reserved Judgement on the appeal filed by Governor Ademola Adeleke of Osun State challenging the verdict of the January 27, 2023 Governorship Election Petition Tribunal.
ADDITIONAL PRE-HEARING SESSION: No extension of the pre-hearing period was made. Hearing shall commence on Tuesday, the 30th day of May, 2023. The Registry shall issue the requisite Hearing Notice as required by Paragraph 20(1) of the First Schedule to the Electoral Act, 2022.
The Court of Appeal sitting in Abuja on Friday has ordered the Academy Staff Union of Universities (ASUU) to call off it’s on going strike with immediate effect before it can be granted permission to file it’s appeal against the Nigerian Government.
#ASUU
#ASUUStrikeMustEnd
Counsel to the Respondents all objected to the admissibility of the documents.
The second witness called was a staff of Arise News who tendered video clips and flash drives of the INEC Chairman at Chatham House.
The evidence was also objected to by all the Respondents.
22nd September, 2023
The Court of Appeal has kicked off the activities marking its 2023/2024 Legal Year celebrations with Juma'at prayers today at the National Judicial Council (NJC) Mosque in Abuja.
JOINDER OF PARTIES: No joiner of additional parties was made during the pre-hearing period.
AMENDMENTS: Vide motion filed on 19th April, 2023, the 1st Respondent (INEC) sought for and obtained an order of court on 20th May, 2023 amending the list of its witnesses.
Amongst the 6 states electoral results tendered to the panel as evidence for the day were River State with 15 Local government, Benue 23, Niger State 23, Osun 20, Cross River 18 and Ekiti 16.
2nd June, 2023
PREPEC 2023 granted request for an adjournment of hearing by Counsel to APM as he is yet to obtain the copy of judgement from the Supreme Court which makes him unable to take a stand on the status of the petition.
PREPEC adjourned the hearing till 9th June,2023
24th March, 2023
The Presidential Election Petition Court of the Court of Appeal sitting in Abuja on Friday, has granted the Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar and his party leave to serve Tinubu Bola Ahmed via substituted means.
Hearing the Respondents, Counsel to the Respondents filed their various processes, final written addresses and point of law in the Petitioner’s final address. While also urging the Court to adopt their processes and dismiss the petition because it is frivolous and dead on arrival
He also tendered the same documents for 7 LGAs in Osun with 23 reports of election conduct, 17 forms of 3 LGAs of Edo & 52 forms of 5 LGAs in Sokoto.
The Counsel also tendered CTC of 15 forms EC40G & forms EC40G1 of 2 LGAs & 4 LGA of Sokoto.
The Chairman of the Panel, Hon. Justice Haruna Tsammani consequently gave 7 days to the Petitioners and 10 days to the Respondents to file their written addresses respectively and told parties that the date for the adoption of their addresses will be communicated to them.
Lead Counsel to Tinubu invited his witness, Sen. Michael Opeyemi Bamidele an Attorney and current Majority Leader of the Senate to testify.
The witness was cross examined by Counsel to the Petitioners and Respondents respectively.
President Buhari has approved the appointment of Hon. Justice M.B. Dongban Mensem as the Acting President of the Court of Appeal for an initial period of three (3) months, with effect from March 6, 2020, when Hon. Justice Bulkachuwa, CFR, would statutorily retire from service.
On the issue of 25% for the FCT, the Court held that Equality of right to life is the same as equality of vote.
Stating that the FCT shares the same value as other states which makes it part of the 36 states in the country.
The Court held that, the person that can challenge the nomination of a party's candidate must be an aspirant and not anyone else that did not participate in the nomination.
The Court holds that the allegations made in LP’s petition is generic stating that in the instant petition, there was no effort to prove specific allegations and particulars of complaints.
Responding to all the evidence tendered. Counsels to the 1st, 2nd, 3rd and 4th Respondents objected to the admissibility of the documents stating that they would be responding to the objections in their written addresses in due time.
The evidences tendered by the petitioners were: Data analysis from the results of the Presidential Election IREV scores investigation, results of the election in Rivers scores analysis, the result of the election in Benue and blurred polling units results in 18,088 polling units.
SETTLEMENT OUT-OF-COURT: Parties stated that no settlement out of Court is being contemplated.
ASSISTANCE BY COURT: All parties categorically stated that they cannot be assisted by the Court without a hearing. So, all the parties subscribed to the hearing of the petition.
The Chairman of the five-member panel, Hon. Justice Haruna Tsammani, after hearing all parties, reserved judgement on the Petition until a later date that will be communicated to the parties.
The Petitioners also filed an application for live streaming of court proceedings.After hearing the application,the court found that the it relates to a matter of judicial policy which is outside the jurisdictional mandate of the PREPEC.Thus, the Court struck out the application
SETTLEMENT OF DOCUMENTS: Parties emphasized they will rely on list of documents contained in their respective pleading. At the pre-hearing,parties indicated they will not object to documents properly certified by INEC,but reserved respective rights to object to other documents
ORDER OF WITNESSES:From the submissions of the parties,there are a total of 83witnesses to be called in this Petition
INTERPRETER:2nd&3rd Respondents Tinubu&Shettima indicated they will require services of an interpreter to interpret proceedings from English to Hausa &vice versa
2023 CJN Sports: Court of Appeal wins trophy, whoops FCT High Court 3-0 in opening match
The Contingents of the Court of Appeal have emerged winners of the 29th Chief Justice of Nigeria Sports Competition opening March Past at the Oshogbo Township Stadium in Osun State.
PREPEC 2023 has adjourned the petition by Abubakar Atiku and his party till 31st May,2023.
Atiku & PDP opened their case by tendering documents to support their petition.
Having tendered the documents, the panel led by Justice Haruna Tsammani, admitted them as evidence.
For star witnesses,their examination in chief shall be for a maximum period of 30min while cross examination& re-examination shall be for 20&5min,respectively. For other witnesses,10min each for examination in chief&cross examination shall be allowed &5min for re-examination.
During the hearing on Wednesday, Hon. Justice Uchechukwu Onyemenam who led the three-man panel of the Court, reserved the judgment noting that a date would be communicated to parties.
This comes after the Court adopted the written addresses on preliminary objections and final written addresses of the Petitioners and Respondents.
In their written addresses, the Respondents urged the Court to adopt their processes and dismiss the petition.
24th March, 2023
The Court of Appeal sitting in Abuja on Friday, has set aside the judgement of the Osun State Governorship Election Tribunal which nullified the election of Mr. Ademola Adeleke as Governor of the state.
15th March, 2023
The Court of Appeal’s Presidential Election Petition Tribunal sitting in Abuja on Wednesday, has struck out the motion ex-parte brought before it by the Peoples Democratic Party’s Presidential candidate Atiku Abubakar and his party.
The 4th Respondent APC also stated that it may require interpreters to interprete the proceedings from English language to other Nigerian languages as the need arises.
EXPERTS: All the parties indicated that they may call expert witnesses.
CONSOLIDATION OF ACTION: In line with requirement of Paragraph 50 of the 1st Schedule to the Electoral Act,2022, this Court determined that this Petition be
consolidated with Petitions Nos. CA/PEPC/04/2023 and CA/PEPC/05/2023 since they all relate to the same election and return