The Supreme Court has fined a lawyer, Mr. Tolu
Babaleye, N2m for filing a frivolous appeal to delay the hearing of
a suit filed by a former Chairman of the House of Representatives’
Committee on Appropriation, Abdulmumin Jibrin, to challenge his
suspension for 180 legislative days since September 28,
2016.
Counsel to Abdulmumin Jibrin, Femi Falana SAN, in his prayers
stated that the appeal was frivolous and should be done a way
with.
A five-man panel of the apex court headed by the Chief Justice
of Nigeria, Justice Walter Onnoghen, during the proceedings that
held on Wednesday, delivered a unanimous bench judgment shortly
after parties to the appeal adopted their papers in the course of
the proceedings.
Describing the appeal as “vexatious and frivolous”, Justice
Ejembi Eko, who delivered the lead judgment of the court, ordered
Babaleye to pay each of the four respondents to the appeal,
including Jibrin, the sum of N500,000.
Apart from Jibrin, the other respondents ordered to be paid
N500,000 each were the Speaker of the House of Representatives, Mr.
Yakubu Dogara; the House of Representatives and the Clerk of the
House of Representatives.
The court ordered that the total fine amounting to N2m must be
personally paid by the lawyer.
Babaleye had filed the appeal on behalf of two members of the
House of Representatives – Nicholas Ossai and Orker-Jev Yisa –
asking to be allowed to be joined as defendants to Jibrin’s case
which is still pending before the Federal High Court.
Ossai was the Chairman of House Committee on Ethics, which
recommended Jibrin’s suspension and Yisa was the House member who
moved the motion for the suspension of the Kano lawmaker.
Justice John Tsoho of the Federal High Court, Abuja, where
Jibrin’s substantive suit is still pending, had on April 13, 2017,
dismissed the lawmakers’ joinder application, describing them as
“strangers” with no interest to protect in the proceedings.
The lawmakers had, through their lawyer, Babaleye, appealed to
the Court of Appeal in Abuja, which had also in its judgment
delivered on December 17, 2017, dismissed their case.
The two legislators had further appealed to the Supreme
Court.
At the hearing of the appeal before the Supreme Court on
Wednesday, the appellants’ lawyer, Babaleye, faced a torrent of
questions from the members of the CJN-led panel, expressing their
concerns about the frivolity of the appeal.
In response, Babaleye maintained that the appeal was necessary
and filed to enable the appellants “to clear their names”.
The Supreme Court has fined a lawyer, Mr. Tolu
Babaleye, N2m for filing a frivolous appeal to delay the hearing of
a suit filed by a former Chairman of the House of Representatives’
Committee on Appropriation, Abdulmumin Jibrin, to challenge his
suspension for 180 legislative days since September 28,
2016.
Counsel to Abdulmumin Jibrin, Femi Falana SAN, in his prayers
stated that the appeal was frivolous and should be done a way
with.
A five-man panel of the apex court headed by the Chief Justice
of Nigeria, Justice Walter Onnoghen, during the proceedings that
held on Wednesday, delivered a unanimous bench judgment shortly
after parties to the appeal adopted their papers in the course of
the proceedings.
Describing the appeal as “vexatious and frivolous”, Justice
Ejembi Eko, who delivered the lead judgment of the court, ordered
Babaleye to pay each of the four respondents to the appeal,
including Jibrin, the sum of N500,000.
Apart from Jibrin, the other respondents ordered to be paid
N500,000 each were the Speaker of the House of Representatives, Mr.
Yakubu Dogara; the House of Representatives and the Clerk of the
House of Representatives.
The court ordered that the total fine amounting to N2m must be
personally paid by the lawyer.
Babaleye had filed the appeal on behalf of two members of the
House of Representatives – Nicholas Ossai and Orker-Jev Yisa –
asking to be allowed to be joined as defendants to Jibrin’s case
which is still pending before the Federal High Court.
Ossai was the Chairman of House Committee on Ethics, which
recommended Jibrin’s suspension and Yisa was the House member who
moved the motion for the suspension of the Kano lawmaker.
Justice John Tsoho of the Federal High Court, Abuja, where
Jibrin’s substantive suit is still pending, had on April 13, 2017,
dismissed the lawmakers’ joinder application, describing them as
“strangers” with no interest to protect in the proceedings.
The lawmakers had, through their lawyer, Babaleye, appealed to
the Court of Appeal in Abuja, which had also in its judgment
delivered on December 17, 2017, dismissed their case.
The two legislators had further appealed to the Supreme
Court.
At the hearing of the appeal before the Supreme Court on
Wednesday, the appellants’ lawyer, Babaleye, faced a torrent of
questions from the members of the CJN-led panel, expressing their
concerns about the frivolity of the appeal.
In response, Babaleye maintained that the appeal was necessary
and filed to enable the appellants “to clear their names”.