Category: Law

The outgoing year has been one of the busiest for the Judiciary. 

Being an election year, the courts were active with pre-election and related litigations, while the tribunals buzzed with post-election petitions, many of which are still pending.

For the Judiciary, it was also a significant year in which it gained financial autonomy and had 11 Justices confirmed for the Supreme Court Bench to make up the constitutionally required 21.

It was also a year in which the Judiciary played a key economic role in ameliorating the hardship occasioned by the naira redesign by holding that the old and new naira notes remained legal tender.

Here are the major judiciary events that made news in 2023.

The naira case

One of the cases that dominated 2023 was the one on naira redesign, a policy which foisted social chaos and hardship on citizens.

In consolidated lawsuits by states, the plaintiffs argued that the naira redesign policy was unconstitutional and should be voided.

On March 4, the Supreme Court held that the old and new notes remained legal tender.  

The Supreme Court slammed former President Muhammadu Buhari for disregarding an earlier order made on February 8 on the validity of the old notes by making a broadcast eight days later that only N200 notes were legal tender.

“The rule of law upon which our democratic government is founded becomes illusion if the President of the country or any other authority or person refuses to obey the orders of the court,” the Supreme Court said.

On November 29, the Supreme Court extended the lifespan of the N200, N500 and N1000 notes, ruling they are to co-exist as legal tender with the new/redesigned ones.

The court reviewed its order that the old notes should cease to be legal tender on December 31.

Supreme Court affirms Tinubu’s election

On October 26, the Supreme Court affirmed the election of President Bola Tinubu.

It dismissed the appeals by the Peoples Democratic Party (PDP)/its candidate Atiku Abubakar; the Labour Party (LP)/its candidate Peter Obi and the Allied Peoples Movement (APM).

They had challenged the September 6 judgment of the Presidential Election Petition Court (PEPC).

A seven-member panel presided over by Justice John Okoro, held that the appeals were without merit and that Tinubu won the February 25 election.

Efforts to disqualify the President over certificate and drug-related allegations failed.

Obidients almost killed me, says Apapa

There was drama at the PEPC during one of the proceedings.

Before the court commenced sitting, members of the two factions of the LP led by the acting National Chairman, Lamidi Apapa and the suspended National Chairman, Julius Abure, clashed over where to sit.

Shortly after the court adjourned, loyalists of the opposing faction prevented Apapa from speaking with the press.

Apapa was physically assaulted, with his cap removed.

He said: “They pounced on me, removed my cap and I am very sure that if not that you people (journalists) were there, I would have been dead by now.”

‘E-transmission of result not mandatory’

The Court of Appeal in Lagos voided a Federal High Court judgment that ordered the Independent National Electoral Commission (INEC) to electronically upload results of the governorship and state of assembly elections from the polling units directly to the Results Viewing Portal (IReV).

A three-man panel of the court, comprising Justice Abubakar Umar, Justice Olukayode Bada and Justice Onyekachi Otisi, held that the law gave INEC “very wide discretionary powers” to determine how it transmits or transfers election results.

The panel described the suit filed by LP as an abuse of the court process.

Supreme Court reverses Nnamdi Kanu’s acquittal

On December 15, the Supreme Court reversed the October 13, 2022 decision of the Court of Appeal discharging and acquitting the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu on the case of treasonable felony brought against him by the Federal Government.

A five-member panel, presided over by Justice Kudirat Kekere-ekun, held that the Court of Appeal was wrong to have discharged and acquitted Kanu because the prosecution acted illegally in the manner the IPOB leader was brought back from Kenya to face trial after jumping bail.

In the lead judgment written by Justice Mohammed Lawal Garba, but read by Justice Emmanuel Agim, the Supreme Court held that although Kanu was illegally brought back from Kenya, his trial was not illegal.

The Supreme Court held that under Nigerian law, evidence obtained as a result of the violation of the right of an accused person to privacy and the evidence obtained as a result of an illegal search is valid before the court.

Supreme Court fines Ozekhome N40m 

On December 5, the Supreme Court came hard again on another senior lawyer. It slammed a N40million cost against Chief Mike Ozekhome (SAN) for aiding the PDP and its candidate in the 2019 governorship election in Imo State, Emeka Ihedioha, to file what the court termed a frivolous motion.

This comes three years after it fined Aare Afe Babalola (SAN) and Chief Wole Olanipekun (SAN) N30 million each for filing a frivolous application.

In a ruling, Justice Tijani Abubakar dismissed the motion by Ihedioha and the PDP.

The applicants had prayed the court to set aside its January 14, 2020 judgment replacing Ihedioha with Hope Uzodimma of the All Progressives Congress (APC) as the governor.

In their motion, Ihedioha and the PDP argued that Uzodimma was not validly nominated by the APC to contest the 2019 election.

They urged the court to invalidate the years Uzodimma spent in office as governor.

Ihedioha and the PDP also urged the Supreme Court to give effect to its 2019 judgment that disqualified Uche Nwosu on the ground that he had dual nomination, having been nominated by both the Action Alliance (AA) and the APC for the same governorship election.

They argued that since the apex court recognised Nwosu as a candidate of the APC, there was no legal basis for the judgment sacking Ihedioha and declaring Uzodimma (who it also found to have been sponsored by the same APC and for the same election) as the actual winner.

The applicants urged the Supreme Court to restore Ihedioha to office since the APC could not legally sponsor two candidates for the same election.

Rivers Assembly crisis

Before President Tinubu intervened in the Rivers crisis, the Judiciary was in the news for an ex-parte order granted by Justice Monina Danagogo of the High Court of Rivers State. 

Based on the order, Governor Siminalayi Fubara presented the 2024 budget to four lawmakers of the 32-member Rivers State House of Assembly. Other counter-orders were granted recognising both camps.

Ehie Ogerenye Edison had urged the Federal High Court in Port Harcourt to jail his counterpart, Martin Chike Amaewhule, for allegedly disobeying a court order.

The applicants, in the suit numbered FHC/PHC/CS/240/2023, alleged that the respondents disobeyed the order made on November 7 by Justice Phoebe Ayuba.

Read Also: Sore-losers’ assault on our judiciary

The judge had ordered that none of the parties on record should take any action that would be sub-judice.

Emefiele charged with fraud, abuse of office

On August 17, the Federal Government filed a 20-count charge bordering on procurement fraud, abuse of office and conferring corrupt advantage on a junior colleague against former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

The charge was filed at the Federal Capital Territory (FCT) High Court in Abuja.

On the same day, the Federal High Court in Lagos struck out the illegal firearm possession case against him.

In the new charge, the prosecution said Emefiele conspired with Ms. Sa‘adatu Ramalian Yaro and Aprill1616 Investment Ltd in 2019 to use the CBN governor’s office to confer a corrupt advantage on Ms. Yaro, a staff of CBN.

The Federal Government said Emefiele used his influence to award a contract for the supply of 37 Toyota Hilux Vehicles at the cost of N854.7million to April1616 Investment, a company in which Ms. Yaro is a director despite being a CBN employee.

DSS, Prison Service and Emefiele

Perhaps one of the most shocking incidents in recent Nigerian judicial history was the July 25 brawl at the Federal High Court in Lagos between the Department of State Services (DSS) and the Nigerian Correctional Service (NCoS) over Emefiele.

That day, in public glare and on live television, hooded, machine gun-toting DSS operatives re-arrested Emefiele after a tussle with officials of the NCoS over who should retain custody of the bank chief.

Emefiele’s re-arrest occurred on the hallowed ground of the court after Justice Nicholas Oweibo granted him for N20million.

The judge also ordered that Emefiele be remanded at the correctional centre pending the fulfilment of the bail conditions.

This followed the banker’s arraignment by the Federal Ministry of Justice on a two-count charge of possessing a single-barrel shotgun without a licence and possessing 123 rounds of live ammunition without a licence.

In a move that shocked the nation, shortly after the judge rose, hooded DSS operatives bundled Armed Squad Commander of the NCoS, Williams Udom, out of the courtroom, after he attempted to take Emefiele into custody as ordered by the court.

The DSS officials roughed him up, pushing and dragging him by his shirt and singlet down the staircase until they cut the buttons off his uniform.  

Other angry NCoS officials maintained restraint as their boss was manhandled. One of them brought out his pistol but did not use it.

It took the intervention of a senior female DSS official, who arrived at the scene hours after the standoff and had a brief chat with NCoS officials and her operatives to douse the tension.

Having won the muscle-flexing battle, the DSS whisked Emefiele away.

The incident caused public outrage with many Nigerians calling for the head of the DSS’ Director-General.

NJC nominates 11 Justices for the Supreme Court

The Supreme Court will soon attain the constitutionally prescribed full Bench of 21 Justices with the nomination of 11 Justices of the Court of Appeal for elevation to the apex court.

The Senate confirmed them on December 21 a day after President Bola Tinubu sought the upper legislative chambers’ action in the nominated Justices.

They are likely to assume office either during the last days of this year or early next year when the court resumes from its annual Christmas vacation.

The NJC shunned the Bar and academia. In June, Chief Justice Ariwoola had asked the Nigerian Bar Association (NBA) president Yakubu Maikyau (SAN) to send names of lawyers for appointment to the Supreme Court.

Maikyau subsequently called for expression of interest from eligible lawyers to fill eight vacancies on the highest court bench, but none was eventually considered.

P&ID case

Nigeria secured a landmark victory in overturning a $10 billion judgment awarded against it in the controversial Process & Industrial Developments Limited (P&ID) case.

Judge Ross Cranston of the Business and Property Courts of England and Wales granted Nigeria’s application for sanction relief.

Suspended REC tackles NBA

On July 10, the Federal High Court in Abuja halted the move to prosecute the suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa Ari.

The ruling was on a motion ex-parte filed by Binani’s lawyer, former Attorney General of the Federation (AGF) Mike Aondoaka (SAN).

Ari, a lawyer, courted controversy during the re-run governorship election.

He declared Aisha Binani as the winner while the collation of results was ongoing.

INEC overturned his declaration, concluded the collation, and announced Ahmadu Fintiri as the winner.

The court was of the view that since issues relating to the conduct and outcome of the election were before a tribunal and parties have submitted to the law, parties should maintain status quo ante belum.

Ari had also urged the Nigerian Bar Association (NBA) not to refer him to the Legal Practitioners Disciplinary Committee (LPDC).

In a letter to Maikyau, he contended that issues relating to his conduct during the last governorship election in Adamawa are the subject of a case before the state’s High Court in a charge numbered HC/ADSY/15/2023, filed on July 5.

The suspended REC argued that it would amount to double jeopardy for the NBA to probe him despite the pendency of the case.

Appeal Court gets nine new Justices

The number of Justices of the Court of Appeal rose by nine on September 20.

The Justices are Hannatu Azumi Laja-Balogun from Kaduna State; Binta Fatima Zubairu from Kaduna State, and Peter Chudi Obiora from Anambra State.

Others are Justices Okon Efreti Abang from Akwa Ibom State; Asma’u Musa Mainoma from Federal Capital Territory; Lateef Adebayo Ganiyu from Oyo; and Jane Esienanwan lyang from Cross River State.

The rest are Hadiza Rabiu Shagari from Sokoto State; and Paul Ahmed Bassi from Borno State.

Justices Nweze, Mallong die

Justice Chima Centus Nweze of the Supreme Court and Justice Peter Hoommuk Mallong of the Federal High Court were among the judicial officers who died this year in service.

Justice Nweze died on July 29 while Justice Mallong died on July 30. 

Justice Mallong was until his death, serving in the Kaduna division of the Federal High Court.

Justices retire 

Justice Amina Augie retired from the apex court Bench on September 3, while Justice Musa Dattijo Muhammad retired on October 27.

Federal High Court gets 23 judges

On October 4, 23 new judges of the Federal High Court were sworn in by Chief Justice Ariwoola, raising the total number of the court’s serving judicial officers to 95.

Supreme Court affirms Mbah’s election 

The Supreme Court on December 22 affirmed the election of Peter Mbah of the Peoples Democratic Party (PDP) as the Governor of Enugu State.

A five-member panel of the court, presided over by Justice John Okoro, unanimously dismissed two appeals filed by the Labour Party (LP) and its candidate, Jonathan Edeoga.

Justice Mohammed Garba, in the lead judgment, held that the appellants failed to prove their case

Justice Garba resolved the five issues identified for determination in both appeals, against the appellants.

Parties in the disputes over the last governorship elections in Kano, Plateau, among others are currently waiting for the apex court’s decisions which have been reserved.

Medical doctor jailed for rape

Justice Rahman Oshodi of an Ikeja Sexual Offences and Domestic Violence Court sentenced Dr Femi Olaleye to double life imprisonment for defiling and sexual assault of her wife’s niece.

The convict was arraigned on November 30, 2022.

Justice Oshodi convicted Dr Olaleye of the two-count charge offence bordering on unlawful sexual intercourse and sexual assault by penetration.

Justice Oshodi described the medical director as a dangerous offender who did not show any sign of remorse.

“You acknowledged that you are a sex addict in your confession, but came to this court and told lies. You showed no remorse, and it shows that you are a dangerous man.

“The survivor, to your knowledge, is a child but you forced her to watch pornography, rub her breasts and put your pen*s in her mouth,” the judge held.

ASP Vandi to die by hanging for killing lawyer 

On October 9, a High Court sitting at Tafawa Balewa Square held that Assistant Superintendent of Police (ASP) Drambi Vandi is to die by hanging for killing lawyer Omobolanle Raheem last Christmas day in Lagos.

Justice Ibironke Harrison found Vandi guilty of a one-count murder charge brought against him by the Lagos State Government.

“I hereby pronounce that you Drambi Vandi shall be hanged by the neck until death. May God have mercy on you,” the judge held.

It was the culmination of a 10-month trial in which the prosecution called 11 witnesses, including a pathologist, eight police officers and two eyewitnesses.

Vandi’s lawyers opened the defence on May 16 and closed it on May 31, with the convict the only one to testify.

The policeman, attached to the Ajiwe Police Station in Ajah, Lagos State, shot and killed Raheem, an expectant mother, in the presence of her family on their way from worship.

Justice Harrison held that although none of the eyewitnesses saw the defendant pull the trigger, the circumstantial evidence was overwhelming.

The judge said: “The court finds that the ammunition of the other officers who were on patrol with the defendant remained intact but two of the defendant’s ammunition were missing.”

Justice Harrison dismissed the defendant’s claim that the shortfall in his ammunition was because it was counted in his absence.

Debt case saga

The last has certainly not been heard in the ongoing debt saga involving businessman Oba Otudeko, his Honeywell Group, and Ecobank.

In one of the multiple suits, Ecobank had Otudeko, Honeywell and Barbican Capital by the scruff of the neck over an alleged N13.5 billion judgment debt.

Ecobank, through its solicitors Kunle Ogunba & Associates, clarified its position in a July 7 letter, claiming four entities linked to Otudeko owed the bank the sum as of 31 January 2023.

This was stated in a letter to the CEO of FBN Holdings, asking the financial services group not to approve the 4.8 billion shares acquired by Barbican Capital, an affiliate of Honeywell Group until the debt is cleared.

The other three companies mentioned are Anchorage Leisures Limited, Honeywell Flour Mills Plc and Siloam Global Services Limited, a company dominantly owned by the Otudeko family and which holds a 75 per cent stake in Honeywell Flour.

In a July 12 rejoinder to FBN Holdings’ Managing Director, Honeywell Group and Mr Otudeko, through their solicitors, Wole Olanipekun, urged the financial services group to disregard all the requests made by Ecobank.

They insisted the sum of N13.5 billion is not contained in the Supreme Court decision or any extant court decision in Nigeria.

In a twist on July 18, the Federal High Court sitting in Lagos awarded N72.2 billion in damages in favour of Honeywell Flour Mills Plc, against Ecobank.

Justice Mohammed Liman’s judgment opened up a new front in the long drawn-out legal tussle between both entities. 

The judgment was for the harm allegedly caused by the bank’s freezing of its assets in 2015.

The legal dispute started when Ecobank obtained ex-parte orders from the Federal High Court to freeze Honeywell Flour Mills’ assets, including its bank accounts.

Ecobank has appealed the judgment in a case that had earlier been decided by the Supreme Court.

Seplat CEO case

Another corporate lawsuit that hugged the headlines in 2023 was the travails of Seplat Energy, its CEO Roger Brown, and Basil Omiyi, the chair of its directors’ board.

Justice Chukwujeku Aneke of the Federal High Court, Lagos, in early March, granted an injunction restraining Mr Brown from taking part in the running of the company.

The injunction followed an application by some aggrieved members of the firm’s shareholders accusing Brown of favouritism for expatriate workers, racism, discrimination and breach of corporate governance.

The judge had also granted the prayer of the petitioners, including Moses Igbrude, Kenneth Nnabike, Sarat Kudaisi, Ajani Abidoye and Robert Ibekwe, requesting that Mr Omiyi and all independent non-executive directors be disallowed from running the company’s affairs “in an illegal, unfairly, prejudicial and oppressive manner pending the hearing and determination of the petitioners’ motion on notice for interlocutory injunction.”

Things took an international dimension when, in the same period, the Ministry of Interior revoked Brown’s work permit, visa, and residence permit over the allegations of racism and discrimination.

Refuting the claims, Seplat Energy said that Nigerians had been appointed to the company’s most important positions, including Chairman, Senior Independent Non-Executive Director, Chief Financial Officer and Chief Operating Officer since Brown became CEO in 2020.

The Board stated that the allegations levelled against it were reactions to its enforcement of corporate governance standards and a determination to continue to uphold its fiduciary duties to the company.

But on April 6, 2023, the Federal High Court in Lagos vacated the ex-parte orders against Brown and Omiyi.

The court, on May 16, struck out the suit and fined a petitioner N1million.

On April 30, the Federal High Court in Abuja struck out a criminal charge brought by the Nigeria Immigration Service against the company and some of its officers including Brown.

The court fully discharged all named defendants.

The charge had earlier been withdrawn by the Nigerian Immigration Service on the 20th of April (RNS Number: 9385W) and was in relation to the immigration status of Mr. Roger Brown and the withdrawal of his immigration visa by the Ministry of Interior.

Similarly, the Federal High Court in Lagos, on May 17, struck out the suit against Brown and Omiyi, bringing the saga to an end.

Brown and Omiyi are back in the saddle at Seplat.

Respite for Ifeanyi Ubah

Respite came the way of Senator Ifeanyi Ubah on October 18 when the Federal High Court in Lagos struck out an eight-count charge filed by the Asset Management Corporation of Nigeria (AMCON) against Senator Ifeanyi Ubah and his firm, Capital Oil and Gas Limited, over an alleged N135b debt.

Justice Nicholas Oweibo made the order following an application by AMCON’s counsel, Oluwaseun Onabowu, seeking the withdrawal of the suit.

Ubah, who represents Anambra South Senatorial District in the upper chamber was absent in court.

The ruling ended the several years-long running battle between AMCON and Ubah in connection with the debt.

Fayose’s unending trial 

The EFCC, on November 22, 2012, re-arraigned Ekiti State Governor, Ayodele Peter Fayose, on a 27-count charge of conversion of public funds amounting to N416,138,360.75 at the Federal High Court, Ado-Ekiti.

The EFCC accused Mr. Fayose of stealing the state’s funds during his first stint as governor between 2003 and 2006.

The agency called three witnesses in the case before Fayose was sworn in as governor in October 2014.

But the case was struck out due to the immunity Fayose enjoys as governor under Section 308 of the 1999 Constitution.

Eleven years later, Fayose is on trial at the Federal High Court in Lagos for a related allegation, this time for allegedly laundering N4.6billion.

On November 30, the case resumed before Justice Chukwujeku Aneke.

The judge, following the end of the day’s proceedings, adjourned till January 26, 2024, for the defence to cross-examine a witness.

EFCC and Lagos Speaker, Obasa

The long-running saga between the Economic and Financial Crimes Commission (EFCC) and Speaker of Lagos State House of Assembly, Mudashiru Ajayi Obasa over alleged money laundering came to an end in September following the agency’s withdrawal of the suit at the Federal High Court in Lagos.

The agency did not give any particular reason for its application for withdrawal. 

It did, however, reference the Constitution and the EFCC Act.

Following the withdrawal, Justice Nicholas Oweibo discharged the ‘lien/Post No Debit’ placed on Obasa’s three accounts in Standard Chartered Bank.

The accounts are (US Dollars) 0001852063; (Current) 0001852056 and (Saving) 5002309624.

The judge also set aside the ex-parte orders he made on September 15, 2020, which led to the freezing of the accounts.

The court on September 15, 2020, granted an interim order freezing Obasa’s accounts following the EFCC’s application in a suit marked FHC/LCS/1064/2020.

The agency had said it was investigating the Speaker for the alleged offences of conspiracy, diversion of funds, abuse of office and money laundering.

But Justice Oweibo, on August 16, 2023, heard the application to unfreeze the accounts in his chamber.

DSS’ siege to EFCC’s Lagos office

In an incredible turn of events, DSS operatives fired warning shots from within the barricaded premises of No. 15 Awolowo Road, Ikoyi, Lagos, after it forcibly seized the property from the EFCC on May 30.

The premises, formerly shared by both agencies, thus came under the exclusive control of armed DSS operatives.

Operatives of the government secret “police”, armed and with two armoured vehicles, prevented EFCC personnel from gaining access to their offices on the premises.

The shots were fired just as journalists from the Nigerian Television Authority (NTA) approached the locked gate of the premises to get close-up video shots.

The shots appeared to have been fired in the air as a warning.

None of the journalists and EFCC operatives hanging around outside was hurt.

There had been a 20-year silent dispute between both agencies over usage of the premises.

The premises, originally exclusively used by the DSS, had been shared by both agencies since the EFCC’s establishment by former President Olusegun Obasanjo in 2003.

The siege was resolved following the intervention of President Bola Tinubu.

In a ruling, a seven-member panel of the apex court, led by Justice John Okoro, ordered that the old notes remain legal tender until necessary facilities are put in place for their replacement.

Governors elections 

The last is yet to be heard on governorship election petitions as the cases are pending at the Supreme Court.

On November 15, the Court of Appeal Court dismissed the appeals by the PDP/Olajide Adediran and LP/Gbadebo Rhodes-Vivour, challenging the victory of Lagos State Governor Babajide Sanwo-Olu.              The three-man panel, Justice Yargata Nimpa, Justice Samuel Bola, and Justice Paul Bassey, unanimously affirmed the September 25 decision of the Lagos State Governorship Election Petitions Tribunal.

It held that the appellants failed to prove their allegations of forgery and non-qualification against Sanwo-Olu and his deputy Dr. Obafemi Hamzat.

‘Justice for MOHBAD’ 

On September 12, Nigerian pop star, Ilerioluwa Aloba a.ka. MohBad died in Lagos, at the age of 27.

His death threw up controversies and protests, with his fans demanding justice.

The Lagos State Police Command invited Ms Feyisayo Ogedengbe, an auxiliary nurse, as well as Naira Marley, Sam Larry, Primeboy and others in the course of the investigation.

The Lagos State government set up a coroner inquest under Magistrate Adetayo Shotobi to unravel the cause of Mohbad’s death.

Those who have given evidence before the coroner sitting at High Court, Ita-Elewa, Ikorodu include the father of the deceased Joseph Aloba; his wife, Omawunmi; brother Adura, among others.

Naira Marley, Prime Boy and Sam Larry have also been summoned to appear before the Coroner Court at its next sitting.

At its last sitting, the court heard that the autopsy report was not ready as the toxicology, examination of the internal part of the deceased was being done in the USA.

DSS releases Bawa 134 days after

The State Security Service (SSS) finally released the immediate-past EFCC Chairman Abdulrasheed Bawa 134 days after taking him into custody.

The agency, which calls itself the DSS, said in a statement: “DSS confirms release of former EFCC chairman, Abdulrasheed Bawa, a few hours ago (today 25th October 2023).”

The secret police did not state why it held Bawa for so long without charge, nor did it say charges would be filed.

Bawa was arrested on June 14.