Category: Law

  • N1.4m alleged theft: Lawyer gets new bail condition

    N1.4m alleged theft: Lawyer gets new bail condition

    A Lagos Chief Magistrates’ Court sitting at Surulere yesterday renewed the bail condition of a lawyer, Moses John Jackson who is standing trial in a N1.4m alleged theft charge brought against him by the State Criminal Investigation Department (SCID) on behalf of an 80-year-old journalist, Segun Adenuga.

    Under the new condition, Chief Magistrate Phillip Ojo granted Jackson bail in the sum of N500,000 and two sureties each in like sum.

    Chief Magistrate Ojo said one of the sureties must be his wife,  a Grade Level 14 Matron in the Lagos State Ministry of Health  who must produce proof of her employment in state civil service in the last three months while the other surety was his lead counsel, Oladele Ajayi who was ordered to give a written undertaking to produce the defendant on every  adjourned date until matter is disposed by the court.

    The lawyer was first arraigned before the court  by the SCID and granted bail on November 23, 2018. Thereafter, he jumped bail until he was re-arrested eight days ago by the Police from Zone 2, Onikan Lagos sequel to a fresh bench warrant  issued against him by Chief Magistrate Ojo on March 22.

    During resumed proceedings yesterday, Oladele Ajayi, leading Cletus Udoh and Alfred Idowu pleaded with the court to temper justice with mercy on  behalf of the defendant.

    Ajayi said Jackson did not deliberately abstain from  hearings dates but ascribed the development to the outbreak of COVID-19 pandemic which disrupted a lot activities and court sittings.

    He pleaded with the court to allow the defendant to continue to enjoy the earlier bail conditions granted him.

    The prosecution, Woman Inspector Anthonia Osayande, did not object to the request consequent upon which the court granted the oral bail request of the defendant.

    Jackson is facing  a two-count charge of obtaining by false pretence and stealing from an 80-year-old journalist, Segun Adenuga.

    Assistant Superintendent of Police (ASP) Raman Inuegbe had told the court that Jackson committed the offence between 2002 and December 9, 2009 at No 19, Ramonu Street, Ikate, Surulere, Lagos.

    Inuegbe alleged that the lawyer, with intent to defraud,  obtained from Segun Adenuga, the sum of N1.4m under the pretence that he would procure a letter of administration for the sale of his late mother’s property, a representation you knew to be false.”

    The court also heard that “on the same date, time and place, Jackson did steal the sum of N1.4m property of Segun  Adenuga.”

    According to the prosecutor, the offences contravened Sections 287(9)(a)(b)(c)(d)(e) and 314(1) of the Criminal Law of Lagos State, 2015.

  • Agency restates commitment to justice for all

    Agency restates commitment to justice for all

    The Administrator-General and Public Trustee, Lagos State, Mrs. Omotola Rotimi, has restated her office’s commitment towards ensuring justice for all Lagosians.

    Rotimi said the agency’s vision is to have an office that is efficient, reliable and trustworthy towards the actualisation of the public trustee of choice in Nigeria and beyond.

    She spoke  during an interview  with the crew of  “City of Lagos TV Show”.

    Speaking on the success rate and achievements of the agency, the AG&PT noted that the office has about 10,000 cases under its management, out of which 5,000 was successfully completed last year.

    According to her, “The public response to the services of the AG&PT has been impressive because they are aware that the agency is the Sole Office that has been empowered to manage the estates of deceased people in the state”

    She noted that most of the people who visit the office are less privileged and vulnerable because they cannot afford the services of private lawyers, adding that there are cases of under-aged writing petitions to the office to intervene in their matters as well, and the ofice steps in to act as guidance to them.

    Speaking on the major functions her office, she said that the AG&PT is a sole corporate, meaning it is a legal entity that can sue and be sued.

    “The major functions of the office are actually to administer and manage the estates of the deceased, especially when the deceased dies intestate (without making a Will).

    However, that does not rule out those that died testate (leaving a Will) ,because the Office also represents and defends estates in court matters where the Office has been included as a party or where the court asks the Office to be a party”, she stated.

    Mrs Rotimi stressed that  her office also administer equitable sharing and partitioning of estates of deceased persons; obtaining Letters of Administrations (L. As) in cases where a deceased died intestate and the family needs to access funds in the bank, (for instance as receiver in the administration of estates to ensure the recovery of all estates that belong to the deceased person(s) and also settle justified claims, i.e., if a deceased person is owing)

    The Administrator General further  clarified that in situations where a deceased person has properties in other states and countries, the Office ensures the resealing of L.As, hence, there is no need to obtain new L.As in such places .In addition, the Office also ensures  payment of death benefits to civil/public servants who died in active service.

    While appreciating Governor Babajide Sanwo-Olu for ensuring the delivery of seamless judicial services to all Lagos residents irrespective of status, class or creed through the blueprints of the T.H.E.M.E.S agenda, Mrs. Rotimi assured that the year 2022 would witness massive grassroot public awareness and sensitisation programmes by the Office; sustenance of the collaboration with other agencies and institutions like the Probate Registry in the Lagos State High Court, Ministry of Youth and Social Development, Domestic and Sexual Violence Unit and the Police; ensuring that estates are properly managed to reflect market value and suitable for human habitation; and lastly surpassing last year’s revenue generation performance.

    Mrs. Rotimi also revealed that in the year 2021, the office achieved a  great revenue generation performance, moved from the Ministry of Justice building in Alausa to a larger and befitting office space to ensure diligent delivery of services to the residents of the State; managed and administered estates professionally; and obtained L.As for beneficiaries to quickly access funds to either ensure the burial of their deceased persons or get them economically empowered.

  • ‘Despite writing UME five times, I never gave up on Law’

    ‘Despite writing UME five times, I never gave up on Law’

    Frequent transfers disrupted Abayomi Ekundayo’s primary and secondary education. But sitting the Universities Matriculation Exam (UME) five times was even more frustrating, despite making his O’levels in one sitting. Ekindayo, an Ekiti State University alumnus and a 2020 graduand of the Nigerian Law School, Yenagoa Campus, shares his story with ANUOLUWAPO OGUNMOROTI.

    First son

    My name is Abayomi Victor Ekundayo. I am from Irepodun/Ifelodun Local Government Area (LGA) of Ekiti State. My father is from Igede Ekiti while my mother is from Epe Ekiti. I come from a family of five where I am the first son and second child. I have an older sister, a younger brother, and twin younger sisters as our last born. I am from an average family where both parents are civil servants but they are retired. My dad resigned in 1996 before he died last year in July. My mom was the one holding the forth, training us all till she retired in 2017. By the grace of God, all the five children are graduates.

    Childhood of transfers

    Being in primary school as the teacher’s son wasn’t smooth because of the frequent transfers. I started my primary school in Local Authority Nursery and Primary School, Illoro Ekiti at Ido Local Government Area. From there to Esuré under Epe LGA in Ekiti, while I was living with my grandma, attending Royal City College. At some point, I had to transfer back from Esuré Ekiti so I could be with my mom. My grandma was a businesswoman and didn’t have the time for me because of her business. I ended up finishing primary school at Saint Benedict Primary School when my mom was transferred to Egede Ekiti. I attended Government College, Ado Ekiti for my secondary education in the year 2001, but my results weren’t impressive due to harassment and bullying by and from prefects. I was later withdrawn and enrolled at Gray Suit College, Ijero Ekiti, a private school, with my sister where I finished my secondary school in 2006.

    Stress of writing UME five times

    I wasn’t so lucky in getting into the university. After I graduated from secondary school and made my O’levels in one sitting, I applied and sat for the Universities Matriculation Exam (UME). Fortunately (and unfortunately), my result that year wasn’t good enough to get me into the university of my choice to study Law. Nevertheless, I tried again the following year but to no avail. It was either I had a low Post-Unified Tertiary Matriculation Examination (UTME) score or I had a low UME score. I kept trying again and again until I ended up writing the UME five times. All these happened while I was in my uncle’s house. Even when I was frustrated and I was offered another course, I remained determined. It wasn’t until six years later that I finally achieved the dream to study Law at the Ekiti State University . This was thanks to my mom and Prof. Oke, the then Dean, Faculty of Law at the university.

    Little to no sleep at Law school

    I had no choice but to adapt when I got to the Nigerian Law School, Yenagoa Campus, Bayelsa State. It was tough and uncomfortable but I knew I didn’t come this far just to come to play. I only slept for three hours a day because I wanted to meet up and adapt. We had 9.00am – 4.00pm lectures and sometimes the lecturer would extend it because he was trying to cover grounds. By the time we were done with classes, I would still have to visit the library to review the day’s work and at times we had group assignments, group discussions and group meetings, which I had to be present for. At the end of the day, I had only very little time for myself and out of that little time, I made sure to study from 9.00pm -12.00am in preparation for the following day’s class. I slept from 12.00am till 3.00am and I worked out from 5.00am till 6.00am, then by 6am, I went to the hostel to prepare for class by 9.00am. I had to maintain my exercise regime because I was trying to keep my mental health in  good shape. But because of that, I kept falling sick and needed to keep going to the medical centre. It was then I found out through the doctor that it was my lack of sleep that was causing me to break down. I had to readjust and made sure I got at least four hours of sleep every day. Law school’s curriculum was a bit tasking and that was why I was determined to do it only once. It is a good place to be, but not twice.

    Mounting responsibilities after Call to Bar

    I was called to Bar at the Eagle Square in Abuja in 2020. Thanks to the pandemic, it wasn’t celebrated. But when I got home, I was celebrated. I, as a person, was really excited about the achievement after waiting for so long. My responsibilities doubled after my Call to Bar; my family members kept asking me to help them with one thing on the other. My uncle and aunt automatically believed that I had started earning money now that I was a lawyer. Even when I was still at university, they would be asking me for certain things and I had to politely decline. At the school that they sent me to, I was not being paid there. How they wanted me to fulfill what they were asking for, I knew not. What they didn’t know is that as a lawyer, you still need your family’s financial support for at least five years straight before you find your feet. That wasn’t the case for me, I had to support my family the best way I could with the little I could, especially because I was the first son and my father was late.

    Things the Law school authorities must address

    I remember one of my Law school lecturers, Mr. Odemosun, who refused to leave the class even though his class was supposed to end at 4.00pm. At past 6.00pm the man refused to stop. Even when the generator was later turned off, that didn’t make him stop. Some students ended up leaving the class at this point, but others were worried about not achieving 75 per cent of attendance for the exam, so they stayed back. This kind of thing happens a lot at the Law school and it is because they were trying to cover the extensively large curriculum all in the span of one year. Some of the things in this curriculum were irrelevant to our practice and I feel they should be scrapped. Perhaps they should find a way to extend the time given to us to learn everything there is to learn at the law school. The worst part is the exam, which is yet another fire brigade event where we have no day for breaks between each exam. They are always back-to-back and as a result of this much pressure, ambulances are always parked outside because a lot of people might end up collapsing in the hall. Frankly speaking, the curriculum is a lot and most of the things that are there are either irrelevant to us when we begin to practise or outdated and no longer in use. I feel the curriculum needs to be reviewed and adjusted so we can have fewer casualties of mental breakdown and the like happening at the law school.

    Why legal profession should keep wig and gown

    It distinguishes us from your everyday person and everyday professional; of course, we should keep it. It’s only a certified lawyer that has the right to be fully robed. Although it is not something that is worn anyhow or outside the premises of the court, I still feel we should maintain it. Law is a prestigious profession and that is why the wig and gown are used to distinguish it from other professions. Besides, it gives us dignity because no litigant that is not a lawyer can be robed.

    SAN, Professor or Judge?

    I would like to be a SAN and a professor over a judge because it is more lucrative for me. Since I love reading, I can practise as a lawyer and also have the job of a lecturer. It is a two-way thing for me but I would gladly choose to be a SAN and professor over being a judge because I like to read a lot and I believe it is more lucrative.

    Marrying a lawyer?

    I am praying for God’s perfect will for my life. There is nothing wrong with marrying a lawyer like you. If it is God’s plan and purpose for my life, then why not? I would gladly marry a lawyer. I don’t have anything against the profession so, I will gladly accept if it is indeed God’s plan for my life.

    The future

    My plan is for my children to grow up and study law. But if they choose another career path instead of law, I will still support them. I can’t and I don’t intend to impose on them what they don’t want to study. If they have something else in mind, I will support them and make sure they achieve it. I will support their vision no matter what, and if it is law they choose to study, I will also support them regardless.

  • Firm sues Malami, Osinbajo’s aides over alleged contract breach

    Firm sues Malami, Osinbajo’s aides over alleged contract breach

    A High Court of the Federal Capital Territory has scheduled hearing for November 16, in a suit brought against the Attorney-General of the Federation (AGF) and four aides to the Vice President, Prof. Yemi Osinbajo, over an alleged contract breach.

    Sued with AGF,  in the suit marked: FCT/HC/CV/2242/2018 are Dolapo Bright (Senior Special Assistant to the Vice President on the Economic Management Team/Job Creation Desk), Tunde Osibamowo (SSA to the VP on Monitoring and Evaluation), Sanni Mojibola Oluwole (Technical Assistant to Bright) and Damilola Ogunbiyi (SSA to the VP on Power and Infrastructure).

    The long adjournment, The Nation learnt, is intended to enable the defendants file their formal responses.

    The suit was filed by a firm, Magna Carta Signatures Limited and its Managing Director, Abdulkadir Mohammed, who claimed to have been engaged in 2017, by Bright as a consultant to study some agricultural projects in some northern states as part of the Federal Government’s job creation initiative for farmers.

    Mohammed, in an amended statement of claim, stated that on January 21, 2017, he sent a proposal of his business concept to Bright on his request and to an email address he (Bright) provided – dolapobright@mail.com.

    He said Bright later set a meeting with for him, the third to fifth defendants and others at 2pm on February 14, 2017 at the Room 146, Vice President’s wing of the Aso Rock Presidential Villa.

    Mohammed said the meeting discussed the problems associated with rice production, processing and distribution and how to address them, to which he made meaningful contributions and proferred solutions.

    “Satisfied with the secnd claimant’s (Mohammed’s) competence on the subject matter, the meeting resolved that the claimants should be retained to provide consultancy on issues related to the development of a model agricultural cluster system and job creation for youths in the agro-sector.

    “The meeting also resolved that Jigawa State should be used as a pilot for the establishment of a large output automated rice milling plant.

    “The second claimant was instructed to undertake a detailed feasibility study and submit a data driven report for establishment of a large output rice mill, with emphasis on youth’s job creation and promoting rice cluster farming system. The second claimant was told to liaise with and report to the second defendant (Bright).

    “The second claimant was urged to quickly finish the task and submit the report as Nigeria had signed a pact with the Chinese Government to import small farm-holder equipment and his report was urgently needed to aid the design of an accountability structure for the distribution of equipment to farmer cluster systems.

    “They (the defendants) also promised that, in addition to remuneration for his consultancy work, upon submitting the report, the claimants would be introduced to the Managing Director of the Bank of Agriculture to fund the establishment of the rice processing mill for the first claimant (Magna Carta Signatures) so that the first claimant would easily attract farmers produce for the proposed online business,” the claimants said.

    The claimants further claimed that they were engaged for other services, which they successfully executed, but have not been paid despite submitting their bill.

    Claiming about N1 billion in damages, the claimants want the court to compel the defendants to pay them for the services they rendered into which they committed all their funds.

  • 2023: Preventing pre,  post-primary litigations

    2023: Preventing pre, post-primary litigations

    Many political parties are being rocked by internal wranglings following their primaries ahead of the general election. Cases of parallel primaries are rife, with some aggrieved aspirants and their supporters defecting to other parties. The crises seem to be building up to a situation where the courts and not the electorate will decide the winners. Legal experts tell ADEBISI ONANUGA how this can be avoided.

    By Thursday, June 9, all political parties are expected to have submitted their candidates for the state and national elections that will hold next year. The Independent National Electoral Commission (INEC) had earlier scheduled Friday, June 3, for parties to conclude their primaries and nominate candidates for the 2023 elections as required by Section 84 of the Electoral Act, 2022.

    INEC chairman Mahmood Yakubu said in a statement that an extension of the date would  afford the parties time to conclude outstanding primaries, prepare the list of candidates and upload their affidavits on the commission’s portal.

    INEC’s advice to parties

    INEC had Last month advised parties to adhere strictly to internal democracy, drawing from their constitutions, guidelines, the Electoral Act and other regulations issued by the commission in the conduct of their primaries. It said any political party that failed to adhere to provisions of the laws in the conduct of its primaries would not be recognised.

    It stated that candidates for the 1,491 constituencies for which elections would be conducted next year must emerge in line with the provisions of sections 29 and 84 of the Electoral Act, 2022, adding that it was a violation of the law to conduct primaries outside the constituencies for which parties are nominating candidates.

    The commission warned that where a political party failed to comply with the provisions of the Act in the conduct of its primaries, its candidate shall not be included in the election for the particular position in issue.

    Finally, it advised political parties to avoid acrimonious primaries that could result in unnecessary litigations that may lead to failure to nominate and field candidates for elections in some constituencies.

    Section 84 of Electoral Act

    Section 84(8) of the Electoral Act 2022 provides that “A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rule the procedure for the democratic election of delegates to vote at the convention, congress or meeting.”

    The section implies that only delegates elected at the party primaries can vote, whereas the Electoral Act 2010, which was repealed, provided for elected officials and party chieftains to vote as delegates at primaries.

    Conduct of party primaries

    However, because parties failed to adhere strictly to the principles of internal democracy, drawing from their constitutions, guidelines, the Electoral Act and other regulations, the current trend in the conduct of the party primaries has left many of the parties in fragments following internal disagreements. In some cases, parallel primaries were conducted by persons different from those sent by the national headquarters of the affected political party while in some other parties, aggrieved aspirants and their supporters pulled out and declared support for another party. In some cases, there have been reports of heavy inducement of delegates in some of the political parties while in others, party chiefs sat to decide the fate of those contesting at the primaries of the parties.

    This explains why some elected officials and governors are believed to have been selecting delegates who they expect to vote for at the primaries.

    Current trends in the parties

    Last Thursday, Justice Inyang Ekwo of a Federal High Court, Abuja, stopped the INEC from recognising or accepting ad hoc delegates provided by the Governor Godwin Obaseki faction of the Peoples Democratic Party (PDP) in Edo State.

    The court declared the ad hoc delegates produced by the Dan Orbih faction of the party as the authentic ones that must be recognised and accepted.

    About 581 delegates in a suit marked FHC/Abj/ CS/598/2022 filed through their five representatives, Monday Osagie, Reuben Ekhosuehi, Adeyanba Osaro, Magdalene Osawe and Imariabe Oghogho, are the plaintiffs.

    The defendants are the PDP, its chairman, Dr. Iyorchia Ayu, Senator Samuel Anyanwu, Umar Bature and INEC as first to fifth defendants respectively.

    The plaintiffs, through their counsel John Musa (SAN), asked the court to determine “whether the PDP in view of Section 84 (5) of the Electoral Act 2022 and Section 15 of the PDP constitution can jettison their election monitored by INEC for another one conducted in violation of the provisions of the relevant laws.”

    They also asked the court to determine “whether the defendants can on their own jettison the authentic delegates for others whose purported election is unknown to any law.”

    Delivering judgment in the matter, Justice Ekwo held that the PDP and other defendants in the suit we re bound by Section 84(5) of the Electoral Act 2022 as well as Section 15 of the PDP Constitution relating to delegates’ elections.

    Justice Ekwo, therefore, issued an order of injunction against the first to fourth defendants, restraining them from tampering with the Plaintiffs’ list, having been duly elected at the congress of the party held on April 30.

    In another development in the state, the Chairman, Senate Committee on Customs, Excise and Tariff, Senator Francis Alimikhena, who was seeking re-election on the platform of the APC, withdrew from the race in Edo North. He also announced his resignation from the party.

    Alimikhena, in a letter he addressed to APC National Chairman, Senator Abdullahi Adamu, said his decision was due to injustice meted out to him by the party.

    He was reported to have been having a running battle with a former APC National Chairman, Comrade Adams Oshiomhole, over the Edo North Senatorial seat.

    A former Senate Deputy President, Ike Ekweremadu, also denied he had joined the Labour Party (LP) as widely reported by many media organisations. In a statement by his media aide, Uche Anichukwu, Ekweremadu said the reports were false.

    In Ogun State, two governorship candidates emerged from two parallel primaries conducted by two factions of the party at separate locations in Abeokuta. One primary election, held with the supervision of party executives at the Olusegun Obasanjo Presidential Library (OOPL), produced Ladi Adebutu as PDP gubernatorial candidate, while Segun Sowunmi, spokesperson of the Atiku Abubakar Presidential Campaign in 2019, emerged as governorship candidate at the parallel PDP primary organised at the Nigeria Union of Journalists (NUJ) Secretariat in Abeokuta.

    Before the primaries, loyalists of Adebutu and Jimi Lawal clashed on Wednesday over the delegates’ list to be used for the PDP gubernatorial primary. The process was almost disrupted when loyalists of the two governorship aspirants engaged in fierce confrontations over the delegates’ list. Trouble started immediately after the PDP electoral panel, headed by Prof. ???? Sorkaa, began the accreditation of delegates.

    It was gathered that supporters of Jimi Lawal had earlier complained that the delegates’ list brought by the PDP electoral committee had been tampered with. According to them, the list was different from the one agreed upon by the aspirants at a meeting earlier in the week. They alleged that the delegates’ list was not the same as the one with officials of the INEC, who were at the venue to monitor the exercise.

    Court decisions over people’s will

    A dispute between the immediate past governor of Zamfara Abdulaziz Yari and Senator Kabiru Marafa, both of the APC, in 2019, prepared the ground for events in the state today.

    Both politicians had failed to agree on the modalities for party primaries. As a result, Marafa approached the court to challenge the list of candidates on grounds that the list was not the product of valid primaries.

    INEC agreed with Marafa and the Supreme Court eventually voided the victory of all the party’s candidates in the general elections, a development that allowed the runner-up governorship candidate of the PDP, Bello Matawalle, to be declared as governor of the state.

    However, Matawalle’s defection in June last year to the APC brought Messrs Yari and Marafa together to resist the party’s declaration of the governor as the leader of the party in Zamfara.

    Shortly before the conduct of the APC primaries, Yari and Marafa attended a meeting of the party leaders and Governor Matawalle in Abuja, at which they reached an agreement that may allow the APC to go into the next general elections as a united party.

    The APC state executive committee, which has control over most of the delegates, is led by Tukur Danfulani, a loyalist of Matawalle and this has put the party firmly in Matawalle’s control.

    During the primaries, 735 delegates voted with Matawalle polling 733 votes while two votes were declared invalid. However, feelers from the state point to Matawalle being dragged to court over “pre-election” matters in a primary in which he was the sole beneficiary of all votes cast, despite there being other aspirants to the government house.

    Two years ago in Bayelsa, INEC declared the PDP’s Douye Diri as governor-elect of Bayelsa State. This followed a Supreme Court judgment which sacked the APC’s David Lyon, who was declared the winner of the November 2019 governorship election.

    How parties can prevent electoral victory through courts

    Considering how the primaries of the political parties went, how best can the country prevent pre and post-primary election litigations? How can the country avoid situations where it is the courts that will decide the winners of elections rather than the electorate in 2023?

    Lawyers, including Godwin Omoaka (SAN); Chairman, Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Monday Ubani; and activist-lawyer Kabir Adegbolu weighed in on the matter.

    Omoaka: Monetisation of process condemnable

    Omoaka observed that political parties had not fully attained internal democracy despite the provision for direct delegates in the Electoral Act 2022. He added that allegations of a heavily- monetised primaries were widespread and condemnable.

    He also faulted INEC’s extension of the deadline for the conduct of primary elections and submission of the list of nominated candidates after its original rigid stance.

    “This, in my opinion, reduces the faith of the public in the independence of the INEC, as its sudden extension may be inferred as a submission to the pressure emanating from political parties, hence leaving its independent regulatory oversight function, doubtful,” he said.

    On complaints of illegality trailing the primaries

    He said parties should have adhered strictly to the principles contained in their political party constitution, the Act and other regulations and guidelines issued by the INEC, saying “any action likely to be interpreted by the court as an imposition of a political party aspirant, must be avoided. This can be achieved by conducting transparent, free and fair primary elections that provide a level playing field for all the candidates.”

    The senior lawyer noted that the major reason electoral appeals succeeded in the courts was because of irregularities that occured during any stage of the electoral process (i.e. nomination, accreditation of voters, voting, collation of results and declaration of electoral results).

    “Thus, the INEC, political parties and other relevant bodies/individuals must ensure that each electoral process is conducted in line with the law. It is also important that political parties screen their candidates carefully in line with the provisions of the constitution, the Act and other relevant laws. This would hinder the proliferation of election petition cases that takes place after the electoral process, as an individual can only succeed at the court, where they can successfully prove that one of the grounds of instituting an election petition exists,” Omoaka said.

    Politicians must obey their constitution – Ubani

    Ubani argued that as long as politicians failed to adhere to their constitutions, the Electoral Act and electoral guidelines, the intervention of the judiciary would never cease.

    He said: “Aggrieved parties have no choice other than having recourse to the judiciary for intervention. Another alternative is recourse to violence which is not advisable. Therefore, the judiciary may compulsorily determine the fate of parties and their candidates where they fail, refuse and or neglect to follow their internal rules and regulations in the conduct of their primaries.”

    He noted that as an umpire, INEC’s roles are outlined by law and it is expected to comply with them religiously.

    “For primaries, the role of observing and ensuring compliance is assigned to INEC. Its report of compliance by the parties during the primaries is key,” Ubani said.

    Parties, INEC must sanction vote buyers – Akingbolu

    Akingbolu reasoned that to avoid legal pitfalls and other post- primaries consequences, politicians must demonetise the electoral process and allow internal democracy to guide the affairs of the political parties. He advised that the primary elections should be conducted in strict compliance with the law and party constitutions.

    “The people who mistakenly find themselves in power and utilise that to disrupt the electoral process should be booted out of such positions of influence or be made to face the music.

    “The provisions of the Electoral Act dealing with abuse of political process by buying votes or using money to entice voters should be activated to deal decisively with violators. The parties, above all, should reduce the amount payable by contestants or aspirants for nomination and the delegate system should be statutory rather than just employing a system that will give room to some cheap crooks to bring anything as delegates’ list for usage by the political parties as lists of approved delegates and in that way, influence the process completely,” Akingbolu further advised.

    He also disagreed with situations where it is the courts that decide election winners

    He said: “This is because it is not only strange but also inexplicable that our courts now nullify majority votes and declare a winner based on minority votes. But who are we to blame if not the politicians who would not manage the internal affairs of their political parties?

    “One of the ways to avoid court-imposed winners is for the political parties to avoid internal wrangling and abide by their parties’ constitution as regards nomination and sponsorship of candidates, otherwise, the courts will continue to meddle in the affairs of political parties and upstage elected leaders whose emergences fail to pass the litmus test of the law as regards nomination and sponsorship of candidates for election.”

    Akingbolu said political parties should also ensure that any sponsored candidate was not found wanting in terms of the credentials submitted for nomination. This is fundamental to sustaining their victories at the poll.

  • Unending ASUU strikes: Is court the  option?

    Unending ASUU strikes: Is court the option?

    University undergraduates have continued to protest the disruption of academic activities due to the unending strike by members of the Academic Staff Union of Universities (ASUU). Lawyers, in this report by Eric Ikhilae, suggest that aggrieved students can seek legal remedy for the violation of their rights to education.

    Public universities have been grounded since February 14, when members of the Academic Staff Union of Universities (ASUU) resumed the strike they suspended last year.

    They had planned it as a one-month warning strike, but it is now in its fourth month because of their claim that the Federal Government has been unfaithful to the implementation of the 2009 FGN/ASUU agreement.

     

    ASUU’s grievance

    ASUU President Prof. Emmanuel Osodeke hinged his group’s decision on the Federal Government’s alleged failure to implement the Memorandum of Understanding (MoU) and Memorandum of Action (MoA) signed between it and the government; the government’s poor commitment to the payment of academic earned allowance (EAA); the continued use of the Integrated Personnel Payroll Information System (IPPIS) and refusal to adopt the Universities Transparency and Accountability Solution (UTAS), and proliferation of the universities in the country.

    Osodeke said: “The imposition of this grotesque platform challenged our union to develop an alternative system to IPPIS – the University Transparency and Accountability Solution (UTAS).

    “This locally developed and cost-effective alternative payment platform has the distinct capacity to check corruption and preserve the hard-earned autonomy of Nigerian universities for the good of the country. Regrettably, Federal Governmen is still foot-dragging over its adoption, contrary to an earlier agreement with our union, thereby allowing the financial chaos heralded by IPPIS to continue.

    “The Federal Government promised to mainstream the EAA into the annual federal budget in the various memoranda signed with ASUU and the government recently released N221 billion for payment of some EAA allowances. However, many years of unpaid entitlements are outstanding, serving as triggers for the industrial crisis in our universities.

    “Sending Visitation Panels to universities on a periodic (five-yearly) basis is a critical evaluation requirement stipulated in our university laws. Our union had to embark on an action for the Federal Government to institute such panels. However, many months after the panels submitted their reports, the White Papers are yet to be released. We call for the immediate release of the White Papers to address numerous lapses in the administration of Nigeria’s federal universities,” Osodeke said.

     

    Fed Govt’s efforts

    While the lecturers were striving to justify their decision to down tools, the Minister of Labour and Employment, Chris Ngige, presented a counter-position, insisting that the Federal Government was committed to the agreement.

    Ngige noted that many of the items in the 2020 Memorandum of Action (MOA) had been exhaustively addressed, while others were being addressed.

    “We have only one or two areas that are new. One of the new areas is the renegotiation of the Conditions of Service, which is called the 2009 Agreement.  An agreement was reached in 2009 that their Conditions of Service would be reviewed every five years. It was done in 2014.

    “We started one in which the former UNILAG Pro-Chancellor, Wale Babalakin (SAN), was chairing the committee. After Babalakin, Prof. Manzali was in charge and the committee came up with a draft document, proposed by the Federal Ministry of Education and ASUU.

    “The joint committee has ASUU, the National Universities Commission and the National Information Technology Development Agency as members. We told them to conclude the test by March 8. If they conclude, we are expected to work on it within six weeks,” Ngige said.

    With each party seeing things from its perspective, the Federal Governmentt and ASUU have resumed what has become a ritual in the nation’s history since the creation of ASUU in 1978. Since its first strike in 1988 to press for “fair wages and university autonomy,” ASUU has consistently embarked on strike in its seeming perpetual war with the government.

    Incidentally, while each of the parties strives to justify its position, nobody argues the case of the victims – the millions of students, who are locked out and denied access to education on every occasion that ASUU members turn their backs on the classrooms.

     

    The victims

    While ASUU has consistently argued its rights to freedom of association and collective bargaining recognised by the Constitution, the Trade Union Act, including international instruments, to insist on strike to enforce its agreements with the government, the Federal Government has often pleaded paucity of funds for its inability to meet the demands of the university teachers, despite the glaring evidence of profligacy in the deployment of state’s resources.

    Many argue that the problem is not mainly about inadequate resources, but wrong prioritisation, which accounts for why successive administrations do not see the need to address the fundamental responsibility placed on the government by Section 18 of the Constitution to provide education for the citizens.

    Section 18 reads: (1) government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels; (2) government shall promote science and technology; (3) government shall strive to eradicate illiteracy, and to this end, government shall as and when practicable provide: (a) free, compulsory and universal primary education; (b) free secondary education; (c) free university education; and (d) free adult literacy programme.

     

    Effects of strike on students

    Many students have ended up in bad gangs, while others have taken to other vocations other than academics as a result of the uncertainty that is now associated with public universities’ academic calendar.

    Despondency could creep in where students are unable to complete their programmes within the stipulated period due to no fault of theirs. It becomes even worse when one is uncertain when he/she would graduate because of the frequent disruption in academic activities due to the teachers’ frequent strikes.

    Many parents and students have lost interest in the education system because of the inconsistency it now presents. A situation where you only know when you matriculate, but cannot tell when you will graduate has made many parents and students to look outside the country for their academic needs.

    Many students have been denied the opportunity to participate in the National Youth Service Corps (NYSC) scheme due to the incessant strike by ASUU which contributes to extending their years of stay in school. The delay caused by the disruption in academic activities strikes make some student over stay in school and graduate when they are no longer eligible to serve.

    It also contributes to poor academic performance, because where schools are incessantly closed and students sent home, without an idea when to resume, most of them take their mind off academics and focus on other things.

     

    Is legal option the answer?

    Perhaps having realised that the government was unperturbed by the street protests so far organised by students to express their displeasure to the continued closure of their schools, a group, the Socio-Economic Rights and Accountability Project (SERAP), has given hints about the possibility of involving the court to compel the government to take the responsibility of educating its citizens seriously.

    SERAP said: “We’re suing the Buhari administration over its failure to end the strike action by ASUU, which is a violation of the legal obligation to provide access to higher education without discrimination.

    “We are suing the Buhari administration because of its failure to end the strike action by ASUU and allow Nigerian children get back to school violates the right of poor children to higher education, equality and non-discrimination, human dignity, and penalises poor parents.”

    Some law experts have equally argued that affected students could sue in addition to engaging in peaceful protests to draw attention to their plight. Prof. Chidi Odinkalu, Daniel Makolo, Benjamin Obilor and Abdul Shehu noted that the students, who are denied academic services having paid the required school fees, could sue both the school authorities and the government for breach of contract, among others.

    Odinkalu argued that students have rights, in contract, against the university and, in public law, against the Federal Government as the proprietors of the universities under the relevant laws establishing them.

    “They may indeed have rights in administrative law under the doctrine of legitimate expectation. But it may vary from place to place, depending on the text of the relevant laws,” Odinkalu said.

    Makolo expressed concern that Nigerian society is skewed against the interest of the majority, where the few, who are privileged to be in government, have created a system that only works for them and not for all.

    He noted that while Chapter Two of the Constitution provides for the “fundamental objectives and directive principles of state policy,” which are the essence of government, the few people in government have made it impossible for citizens to demand the enforcement of the provisions of that chapter by inscribing that those provisions are not justiciable.

    Makolo argued: “Yes, I agree. Students, who have paid school fees despite the clear provision of Section 18 of the Constitution, which ordered the government to provide them free education, and are denied the same education after paying the same government, should be able to sue.

    “The students should be able to approach the court to compel the government to act in their favour. But unfortunately, the legal remedy appeared to have been taken from the citizens with the provision of Section 6(c) of the Constitution.

    “I believe there are ways aggrieved students could get remedies in court. The court too should be more liberal to ensure that societal ills are promptly addressed,” Makolo said.

    Obilor was of the view that every child has a right to education, and that by not meeting the demands of ASUU or at least reconciling with them, the government is denying students their right to education.

    “Also, by elongating their stay in school, their right to life has been infringed upon as well. This is because, as a student, education is a means of livelihood to them and not allowing them to achieve their dreams within the stipulated time is a denial of their right to life since delay amounts to denial in law.

    “It is high time the court brought sanity to the society. The government has a form of social contract with the Nigerian students, and, over the years, the government has failed in that regard. It is high time the government was held not just accountable but also liable,” he said.

    As to whether the students could also seek remedies in court against their school authorities, Obilor said such was possible.

    “The relationship between students and the university is contractual in nature. Being a contractual relationship, each party is bound by the terms of the contract. It must be noted that the admission letter issued to each student upon admission, contains the duration of the particular course offered.

    “In other words, it is my humble opinion that where such duration is extended by the act of the university and or that of the Federal Government, the student ought to be entitled to compensation for breach of contract.

    “The point I‘m labouring to make is that, any unnecessary delay or extension of the duration of the course offered to a student is a breach of contract which ought to be enforceable in a court of law.”

    Shehu said while the choice of seeking redress in court would have been the most commendable, the many challenges associated with the nation’s court system should also be considered.

    “If you are complaining of a strike that may last a month or two and you go to court and have the case held up for years, would you say you have taken the right decision?

    “The problem of delay in justice administration is discouraging. The other problem is enforcement of judgement. How will an individual or group of students enforce judgment against the Federal Government or their school authorities when the process of judgment enforcement in the country’s courts could assume a life of its own?”

     

  • Case for rule of law, by CSOs

    Case for rule of law, by CSOs

    A non-governmental organisation (NGO), Crime Victims Foundation of Nigeria (CRIVIFON) has held its first human rights awareness week. The event also marked the graduation of 36 activists who acquired skills in rights enforcement, ADEBISI ONANUGA reports

    Activists, members of the security agencies and other stakeholders in the justice sector gathered in Lagos on Friday for the first human rights awareness week in Nigeria.

    The event, with the theme: Strengthening  Human Rights Advocacy, was held at the African Church Conference Hall, (Faith Plaza), Bariga, Lagos.

    The Executive Director, Crime Victims Foundation of Nigeria (CRIVIFON), Dr. Gloria Egbuji in her address, said the foundation had been involved in assisting over 5,000 victims of various crimes including domestic violence, rape cases, child abuse among others over the past years.

    She said the foundation is now working with schools on how best to prevent the emerging bullying culture in Nigerian schools with a view to minimising child victims of violence and sexual abuse.

    Egbuji, who was represented by Mr Frank Oshanugor, said the foundation championed the presentation and debate at the National Assembly of the bill for Compulsory Treatment of Victims of Gunshot by Hospitals without police report as many people had lost their lives through such rigorous process and which was signed by President Buhari in 2018, adding that records are available to show for its efforts over in this respect which commenced 1998.

    She lamented that the law is yet to be domesticated in the states for effective enforcement and disclosed that the foundation, in collaboration with some interested groups, are already at the vanguard of using Rivers State as a  pilot state in the domestication plan.

    Egbuji said the group since the introduction of human rights desks at the various divisions in Lagos State Police Command and which has made the average police man  better refined in terms of his relationship with members of the public.

    While admitting some bad elements within the force, she argued that  more officers and men of the Police Force are improving on how not to abuse the rights of others. It is interesting too to note that.

    She said the foundation introduced Gender Desks at police stations which has helped immeasurably to improve policing activities and has to date trained over 25,000 law enforcement officials including police, army and Civil Defence on human rights and rule of law across the country in line with its determination to improve the quality of policing.

    According to her, the foundation  in collaboration with Human Rights Education and Awareness Centre has trained over 2000 civilians on human rights and awareness, adding that the idea of extending human rights awareness education to the civil populace is to bring more people in the society to understand what their rights are, and stand up for them.

    Director, Office of the Public Defender (OPD), Mrs. Olubunmi Working with OPD To Uphold the Rule of Law, disclosed that her office recorded a lot of successes since  2020, as its counsel handled 6,771 court cases and achieved 83 per cent  judgment successes.

    The Director who was represented by a counsel in her office, Mrs Adebola Amodu, further disclosed that they recovered about N30.852m claims for employment cases, child maintenance and forms compensation.

    According to Mrs Amodu, the OPD during the period also rescued about 487 children who were survivors of domestic violence, defilement and related offences and received about 416 petitions in matters that went for mediation.

    Mrs. Amodu disclosed that as lawyers working in the agency, the  handle both civil and criminal matters while its counsels represent both complainants and defendants free of charge.

    She listed cases they handle to include family disputes, small claims recovery, employer/employee matters, landlord/tenant matters, financial matters involving claims and debt through mediation, child defilement, rape cases, domestic violence and other forms of gender-based violence using the rule of law.

    “We mediate in husband and wife matters and recorded successes. We have cases where women beat their husbands or husbands beating their wives. They should speak out. We told them neither of them  have the right to prevent the other from seeing their children, that it is against the law. Children do have rights, women have rights, so does men.

    “As landlord, tenant, you should know your rights. Where necessary, we go to court on behalf of the landlord as well as the tenant. We don’t allow them to take laws into their hands”, she stressed adding that  where mediation fails, the matter is taken to court for adjudication in line with the law.

    Amodu said the OPD, as lawyers don’t work alone but “work and do collaborations with the Ministry of Youths and Social Development. We work with social workers, Ministry of Women and Poverty Alleviation, Mirabel Centre, the Nigeria Police Force and other agencies.

    “In terms of Justice, rule of law, upholding fundamental human rights, Lagos State is the best place to be. Let us remember that justice and rule of law thrives when fundamental human right is upheld. Upholding  the rule of law is our collective responsibility. Police cannot do it alone. We all have to do it together to ensure the rule of law is upheld in the state”, she added.

     

     

    Education officer of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mrs Mary Omonoyan lamented that corruption has destroyed the fabric of the society.

    She said it is the role of every citizen to fight corruption saying that the law allows the commission to protect the identity of persons who provide information on corrupt practices where ever they happened.

    Commander Akinola Ganiyu who represented the General Manager, Lagos State Traffic Management Authority (LASTMA) disclosed that there are over 60 offences that constitute traffic offences in the agency’s book and listed them to include eating or attempting to light a cigarette while on the steering among others.

    Ganiyu said anybody arrested for traffic offence and is not satisfied, have a right of appeal.

    “If a ticket is issued or you are extorted, you have a right to challenge the ticket at the office of the Provost. They would investigate your complaint and if arrested unjustly, the officer that made the arrest or extortion will be sanctioned.”

    Route Commander, Federal Road Safety Commission (FRSC), Daniel Arogunmasa said every person has a right to be safe on the roads.

    He said most accidents are pre-determined because often times accidents happen when a road user failed to do things that are necessary before putting their vehicles on the road thereby endangering others.

    The Divisional Police Officer (DPO), Alade Police Station, Somolu, Chief Superintendent of Police (CSP) Oladeji Kehinde reminded participants  that the constitution guarantees the right of every individual. He however explained that every right has limitations saying that anyone who violates the right of another might find himself in trouble with the police.

    CSP Kehinde advised that where there are complaints, Police should be allowed to carry out investigation to logical conclusions to avoid miscarriage of justice and infringement on other people’s right adding that most cases  need not  get to court if complainants embrace dialogue.

    “Not all Police officers are bad. If the Investigating Police Officer(IPO) is not handling your case well, you can exercise your right by escalating  to the Divisional Crime Officer (DCO) or the Divisional Police Officer (DPO)for justice to be done in the matter”, he assured.

     

  • 2013 air crash: How Appeal Court cleared NCAA

    2013 air crash: How Appeal Court cleared NCAA

    The appellate court sitting in Lagos has absolved the Nigerian Civil Aviation Authority (NCAA) of blame for the October 3, 2013 crash of the Associated Aviation Nigeria Limited’s (AANL) aircraft that killed Deji Falae, son of the former Secretary to the Government of the Federation, Chief Olu Falae. ROBERT EGBE reviews the case.

    The Court of Appeal, Lagos Division on March 22 held that the Nigerian Civil Aviation Authority (NCAA) cannot be held liable for the crash of the Associated Aviation Nigeria Limited’s (AANL) aircraft that killed Deji Falae, the son of the former Secretary to the Government of the Federation, Chief Olu Falae in October 3, 2013.

    A three-man panel of the court, comprising Justices Onyekachi Aja Otisi, Abubakar Sadiq Umar and Adebukunola Banjoko unanimously set aside the decision of the lower court, which granted the defendants reliefs against the appellant.

    The March 22  judgment, a Certified True Copy (CTC) of which was seen by The Nation at the weekend, Justice Umar upturned the judgment of Justice Hadiza Shagari of the Federal High Court, Lagos.

    The lower court delivered the judgment on March 28, 2018 and granted the claims of the plaintiffs against NCAA and AANL.

    Plaintiffs’ case

    Following the crash, the deceased’s widow, Mrs. Ese Lynn Falae filed the action with her three infant children as 1st to 4th plaintiffs against AANL and NCAA as 1st and 2nd defendants respectively.

    The plaintiffs prayed the court to declare that the defendants breached a duty of care when the deceased died in Flight 361, which was in AANL’s possession and control

    Their prayers included “A declaration that the 2nd defendant (NCAA) breached its statutory duties imposed by Section 31 (1) of the Civil Aviation Act when the 1st defendant’s flight 361 (at about 9.32 in the morning a minute after takeoff and just outside of the aerodrome) crashed and indeed caused the death of the deceased.

    They prayed the court to award $100,000 jointly and or severally against the defendants in their favour, and other amounts, including a N5 million cost of filing and prosecuting the claims. Justice Shagari granted all the reliefs.

    NCAA’s argument

    Dissatisfied, the 2nd defendant (NCAA) through its lead counsel, Emeka Okpoko (SAN) appealed and joined the four plaintiffs as well as AANL as the sixth defendant.

    It raised four issues for determination, among which was whether the trial court was right in law by granting all the reliefs sought by the 1st to 4th defendants in the light of the provisions of the Civil Aviation Act.

    “Whether the trial court was right in law when it held that the doctrine of res ipsa loquitur applied to establish failure to exercise duty of care to the extent that concerns the appellant, having regard to the facts and circumstances of this case,” it asked.

    How the appellate court decided

    The appellate court reprimanded the 5th defendant (AANL) for filing a sole brief of argument in criticism of the lower court judgment, when it didn’t file any appeal against it.

    The court said the defendant, instead of playing its role as a respondent in due observance of rules of appellate practice “turned itself to an appellate who has not filed a notice of appeal,” adding that the traditional role of a respondent is to defend the decision being appealed against and not to criticise it.

    Justice Umar held: “Going by the provisions of Section 48 of the Civil Aviation Act and Article 21 of the Montreal Convention, the success of any claim in excess of the statutory damages of $100, 000 is dependent on the evidence led by the carrier, which the appellant is not. The carrier in the instant appeal is the 5th Respondent i.e. AANL and it is the cooperate body with the evidential burden of proving that:

    “Such damage was not due to its negligence or its other wrongful act or omission or that of its servants or agents; or that such damage was solely due to the negligence or other wrongful act or omission of a third party.

    “Flowing from the hills of the above, It is my conclusion that the rights and liabilities of the parties can only be decided within the purview of the Civil Aviation Act and other conventions which it incorporates.

    “Also, going by section 48(2) of the Civil Aviation Act, the appellant, not being the carrier in the instant appeal, cannot be liable to the claims of the 1st – 4th respondents, i.e. whether the sum of $100, 000 or any amount in excess. In my final analysis, this issue is hereby resolved against the 1st – 4th respondents and in favour of the appellant.

    “Consequently, the issues as to whether the trial court was right to have invoked the doctrine of res ipsa loquitur against the appellant and whether the appellant through credible evidence was able to prove that it was not negligent in the event that caused the death of Mr. Ayodeji Falae (deceased) have become otiose and therefore irrelevant in the determination of the instant appeal.

    “On the whole, I hold that the appeal succeeds in part. That part of the judgment of the trial court delivered by Hadiza Shagari J. on March 28, 2018 granting reliefs sought by the 1st-4th respondents against the appellant as 2nd defendant is hereby set aside. Parties are to bear their respective costs.”

  • Jonathan, Lawan, others for Wakil’s book launch

    Jonathan, Lawan, others for Wakil’s book launch

    Former President Goodluck Jonathan is expected at the presentation of “Political Party Governance,” a book authored by a senior lawyer and former Minister of State for Power, Dr. Mohammed Wakil.

    The event will hold at NAF Conference Centre, Kado, Abuja on Thursday, May 26, 2022 at 10 am.

    While Jonathan is the Special Guest of Honour, Senate President, Dr. Ahmed  Lawan,  will be the chairman of the occasion.

    Also expected are Borno State Governor, Prof. Babagana Zulum, as the Guest of Honour; former Chief Justice of Nigeria,  Justice  Alfa Belgore as the father of the day, and the Director-General of the Nigerian Institute of Democratic And Legislative Studies, (NILDS) Prof. Abubakar Sulaiman as chief host.

    Former Vice Chancellor of University of Abuja,  Prof. Nuhu Yaqub  is the book reviewer and the chief launcher/presenter is Group Chairman of CIG Motors Company Limited,  Chief Diana Chen, while former Borno State Governor, Senator Kashim Shettima is guest speaker.

    Wakil, a lawyer, chartered administrator and corporate governance practitioner, has extensive experience at all levels in the field of politics, having attained the position of National Vice Chairman (North-East) of the People’s Democratic Party (PDP).

    He was in 1999 elected to the House of Representatives, representing Damboa, Gwoza and Chibok Federal Constituency. While at the Green Chamber, “The Leader,” as his colleagues fondly called him, was at the enviable age of 34 years elected as House Majority Leader between 1999 and 2003.

    A Fellow of many institutes and international bodies, Wakil has also participated in various election monitoring missions both locally and internationally. He is a member of the Commonwealth Parliamentary Union (CPU) and is a Lecturer on Political Party Governance at the Institute of Legislative and Democratic Studies, Abuja (an affiliate of University of Benin). He has published several articles on Corporate Governance, Political Party Governance and Investment Law.

    Wakil was bestowed with the distinguished national honour of Officer of the Order of the Niger (OON) by Nigeria’s President among other awards and recognitions.

     

  • Court lifts ex parte orders on Aeroland Travels, others

    Court lifts ex parte orders on Aeroland Travels, others

    The Federal High Court sitting in Lagos Friday discharged ex parte orders it made against Aeroland Travels and other properties said to belong to a Peoples’ Democratic Party (PDP) chieftain, Mr. Segun Adewale.

    Justice Daniel Osiagor discharged the orders following Adewale’s application through his counsel, Mr. Tope Alabi.

    The judge had in February 7, 2022, made the ex parte order in favour of the Asset Management Corporation of Nigeria (AMCON) in a suit marked FHC/L/CS/AMC/154/2021,
    Following the orders, AMCON sealed Adewale’s firm and other properties.

    They are Plot 4 & 4B Block 66 Magodo Scheme, Lagos State; Plot 9, Block 44c, Adetoro Adelaja Street, Magodo Lagos; No. 4C Maye Ogundana Street, Magodo Lagos; No. 10, Oluyomi Oshinkoya Street, Magodo Residential Scheme, Lagos; Plot 8, Block 66, Residential Scheme, Shangisha, Lagos; No. 2A, John Olugbo Street, Ikeja, Lagos; No. 2 Fadeyi Street, off Awolowo way, Ikeja, Lagos; No. 8 Surulere Alelor Street, Millenium, Gbagada; and No. 14 Jerry Iriabe Street, off Bashorun Okunsanya, off Admiralty Road, Lekki Penisula.”

    But dissatisfied, Adewale challenged the court’s jurisdiction to entertain the matter or make the ex-parte orders and asked the court to discharge the order, on the ground, among others, that the underlying matter amounted to a gross abuse of court process.

    He also prayed for an order directing the AMCON to indemnify him for damages suffered as a result of the ex parte orders.

    According to him, AMCON “materially misrepresented to and concealed material facts from this Honourable Court and also engaged in deliberate suppression of facts.”

    Justice Osiagor, after hearing Alabi and AMCON’s counsel, Chief Aloy Ezenduka, ruled in Adewale’s favour.

    Justice Osiagor, in particular, ordered that all the properties affected by the February 7, 2022, ex parte order be unsealed.

    The judge thereafter transferred AMCON’s case file to Justice Tijjani Ringim, who is currently presiding over the suit filed against it and a bank by Aeroland Travels Limited.