The Abuja High Court sitting in Apo, Gudu District, yesterday, dismissed a certificate forgery suit filed by one Mr. Uchenna Nnadi against Senator Andy Uba.
The court adjudged that the plaintiff failed to prove his case.
Justice Valentine Ashi ýsaid the law says that he who asserts must prove; and that the plaintiff, having failed to lead the court with further evidence, his suit lacked merit.
Ashi said that the ýplaintiff should have investigated and got his facts from the Independent National Electoral Commission (INEC) which declared the defendant eligible for elections.
He said the plaintiff should have also conducted checks at Union Secondary School, Awkunawu, Enugu State, where the defendant said he obtained his School Leaving Certificate as opposed to Boys’ High School, Awkunawu, which the plaintiff claimed.
The judge dismissed the suit and said the plaintiff failed to investigate the defendant’s claims and therefore failed to prove the forgery case against him.
Nnadi had sued Uba on the grounds that he presented a forged school certificate from Boys’ High School, Awkunawu, and so unqualified and ineligible to stand for elections.
Uba, in his counter affidavit, ýhowever, denied ownership of the said certificate and maintained that he graduated from Union Secondary School, Awkunawu, which he submitted to the INEC and was properly cleared.
Appeal Court has exclusive jurisdiction over Industrial Court’s decisions – Supreme Court
From Eric Ikhilae, Abuja
The Supreme Court has held that the Court of Appeal has exclusive jurisdiction over all decisions of the National Industrial Court (NIC).
This decision effectively put to rest the controversy over whether or not some decisions of the NIC could be appealed at the Court of Appeal.
The Supreme Court, in a majority decision yesterday, held among others, that the jurisdiction of the Court of Appeal to hear and determine all civil appeals on decisions of the National Industrial Court (NIC) is not limited to only fundamental human rights.
The judgment was on an appeal marked: SC/885/2014 filed by Skye Bank Plc, with Victor Anaemem Iwu as respondent.
The appeal was a referral of some constitutional questions for the Supreme Court’s determination, to guide the Court of Appeal, Lagos in deciding a pending before it.
Justice Centus Nweze, who read the lead judgment yesterday, identified the key issue to be determined as: “Whether the Court of Appeal, as an appellate court created by the Constitution of the Federal Republic of Nigeria, has the jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals arising from decisions of the NIC.”
After a thorough analysis of all issues raised, Justice Nweze said: “The lower court, that is, the Court of Appeal, has the jurisdiction, to the exclusion of any other court in Nigeria, to hear and determine all appeals arising from the decisions of the trial court (NIC).
“No constitutional provision expressly divested the said Court of Appeal of its appellate jurisdiction over all decisions on civil matters emanating from the trial court (NIC).
“And, as a corollary, the jurisdiction of the court to hear and determine all civil appeals on decisions of the National Industrial Court (NIC) is not limited to only fundamental human rights.
“These shall be the opinions of this court and shall be transmitted to the Lagos division of the Court of Appeal for its guidance in determining the appeal before it.
Another member of the five-man panel that heard the appeal, Justice Kumai Bayang Akaahs had a minor departure from the majority opinion.
He said he believed leave of the Court of Appeal was required when appeals from the NIC are on strictly civil matters.
Justice Akaahs said beside criminal and fundamental rights decisions, there was need for leave of the Court of Appeal to appeal purely civil cases.
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