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Nigeria court hears opposition’s presidential vote challenge
Lawyer News | 2023/05/09 10:00
A Nigerian court on Monday began its hearing on separate suits filed by the opposition to challenge the incumbent party’s victory in the country’s presidential election.

The presidential tribunal at the Court of Appeal in the capital, Abuja, heard the opening statements of lawyers representing opposition parties, which are the challenging the outcome of the February vote won by Bola Tinubu of the ruling All Progressives Congress.

As the court hearing began, armed security personnel blocked major access roads and prevented a handful of journalists and lawyers from entering the facility. Some protesters waved Nigerian flags and displayed placards, alleging that the electoral process was flawed.

“Why I am demonstrating is because of the anger and the pain I have as a Nigerian not allowed to express and enjoy the resources of the land,” said protester James Mike, who accused the Nigerian political class of pilfering the country’s wealth from huge mineral and crude oil resources.

Nigeria’s election commission declared Tinubu the winner of the election in a televised broadcast after he garnered 37% of the votes. But the two main opposition candidates rejected the result, questioning Tinubu’s qualification and alleging that results from the country’s 177,000 polling stations were tampered with.

Analysts and observers said that the voting on Feb. 25 was largely an improvement from Nigeria’s previous elections, but said that delays in uploading results might have given room for the figures to be tampered with.

In separate petitions, both second-place finisher Atiku Abubakar of the Peoples Democratic Party and No. 3 finisher Peter Obi of the Labour Party argued that Nigeria’s electoral commission violated the provisions of the law in announcing the results of the election.

Obi has said he has evidence to show he tallied the majority votes in the election while Abubakar has asked the court to disqualify Tinubu, alleging that he has a Guinean passport and therefore wasn’t eligible to enter the presidential contest under the Nigerian Constitution.


Justices to consider case involving fishing boat monitor pay
Lawyer News | 2023/05/01 18:01
The U.S. Supreme Court will take up the subject of who pays for workers who gather valuable data aboard commercial fishing boats.

Justices announced Monday that they will take the case, which stems from a lawsuit by a group of fishermen who want to stop the federal government from making them pay for the workers. The workers are tasked with collecting data on board fishing vessels to help inform rules and regulations.

The fishermen involved in the lawsuit harvest Atlantic herring, which is a major fishery off the East Coast that supplies both food and bait. Lead plaintiff Loper Bright Enterprises of New Jersey and other fishing groups have said federal rules unfairly require them to pay hundreds of dollars per day to contractors.

“Our way of life is in the hands of these justices, and we hope they will keep our families and our community in mind as they weigh their decision,” said Bill Bright, a New Jersey fisherman and plaintiff in the case.

The high court announced its decision to take the case via an order list that made no comment on the merits of the lawsuit. The fishermen previously lost in lower court rulings. Their lawsuit over fishing monitors is part of a long-standing fight between commercial fishing groups and the federal government over who pays for data collection and regulatory compliance.

Fishermen have argued that Congress never gave federal regulators authority to require the expense of paying for monitors.

Fisheries in the U.S. are regulated by the National Oceanic and Atmospheric Administration. A representative for NOAA declined to comment on the case. The agency does not typically comment on pending litigation.



Appeals court halts House interview with ex-Trump prosecutor
Lawyer News | 2023/04/20 15:19
A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee.

The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.

In issuing the stay, Judge Beth Robinson noted that her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.

Bragg’s office appealed to the 2nd Circuit hours after U.S. District Judge Mary Kay Vyskocil rejected his request for a temporary restraining order, ruling Wednesday that Jordan had a valid legislative purpose in issuing the subpoena.


Wisconsin Supreme Court control, abortion access at stake
Lawyer News | 2023/04/03 21:06
Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending.

The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024.

It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level.

All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly.

Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.


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