Appeal Court Slams N1m Fine On Lawyer For Filing Frivolous Appeal

The Independent National Electoral Commission (INEC) deregistered political party David Atita, one of the lawyers who represented them, in a N1 million fine, according to the Court of Appeal Abuja for what it termed a waste of court time.

The Federal High Court, Abuja, on July 24, 2020, decided to dismiss the Liberation Movement’s lawsuit requesting the reinstatement of its registration, which INEC, along with other political parties, after the 2019 general elections.

The party had requested that the court check whether INEC had the authority to deregister it and whether the trial court’s contention that it had not provided the reliefs requested had been justified.

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According to Section 225(a) of the Nigerian Constitution, Liberation Movement was deregistered because it failed to fulfill the minimum constitutional requirements for election victories in the 2019 general elections.

Justice Okon Abang ruled on Friday that the party’s attorney’s appeal was a waste of the court’s time in a decision.

Because the Supreme Court had successfully resolved similar issues in 2021 in the case of the National Unity Party v. INEC, he claimed the appeal was an academic exercise when it was presented in November of last year.

In light of the Supreme Court’s decision in the case of National Unity Party v. INEC, he claimed the counsel was steadfast and hardened when INEC counsel advised him to withdraw the appeal.

Additionally, Justice Abang argued in the Court of Appeal’s unanimous decision that the appellant failed to demonstrate that it had carried out the minimum constitutional requirements set forth in Section 225 (a) of the Nigerian Constitution for election victories in the 2019 election.

He claimed that Section 225(a) of the 1999 constitution of the federal republic of Nigeria, in its entirety, has no authority to interpret the provision.

The trial court was successful in its decision and its interpretation of Section 225(a) of the constitution, according to the judge, and the appellant has no grounds to criticize the trial court.

Justice Abang argued that the trial court was correct in holding that the appellant had not been able to successfully present its case and that the appellant had not won any office elections as required by Section 225 (a) of the constitution.

In response, he dismissed the appeal and demanded that the party’s counsel pay INEC a cost of N1 million.

Source: Channels TV