NCC Appeals N500m Damages to APC

Dissatisfied with the ruling of Justice Ibrahim Buba of the Federal High Court, Lagos that the Nigerian Communication Commission (NCC) should pay N500 million as damages to the All Progressives Congress (APC), counsel to NCC, Mr. Paul Usoro (SAN), has filed an appeal against the judgment at the Court of Appeal, Lagos.

In the notice of appeal, disclosed to the Daily Times on Tuesday by the Commission, the counsel said that he had the mandate of the NCC to appeal the entire judgement, citing eight grounds for the appeal.

At the ruling yesterday, Justice Ibrahim Buba of a Federal High Court sitting in Lagos ordered the Nigerian Communications Commission (NCC) to pay the political party N500 million as damages to the All Progressive Congress party’s presidential campaign fundraising platform.

The Judge in his judgement held that APC was protected by the constitution to push for the enforcement of its fundamental right once violated.

According to the appeal statement, the NCC counsel averred that the trial judge erred in law when he dismissed the Appellant’s Notice of Preliminary Objection of March 2, 2015, which challenged the competence of the suit, on the grounds that same was unmeritorious.

He also said on ground two that the trial judge erred in law, when he held that the suit of the APC disclosed cause of action against the applicant.

Usoro, in the notice of appeal, noted that the trial court misdirected itself in law and fact, when it held that the suit, as constituted, fell under the context of Chapter IV of the Constitution of the Federal Republic of Nigeria 1999, as amended and not rooted in contract.