Category: Law

Forget satellite TV, 2022 promises true life, box office quality courtroom drama when the courts resume from the Yuletide break. For some, like Evans the suspected billionaire kidnap kingpin awaiting judgment, it is a matter of life and death. For others, such as the Federal Government and the 36 states in their battle over stamp duty collection and recovered loot, the loser could suffer a major hit to its finances. ERIC IKHILAE, ADEBISI ONANUGA and ROBERT EGBE bring to you a few of them, other major matters and national judiciary-related issues that promise to shape the justice sector this year.

Remember the multi-billion naira Paris Club refund case? Or Naira Marley? Or the Danish double murder suspect? What about the alleged N11.79 billion ponzi scam case? Or the 14-year-old corruption trial of an ex-governor? These and other major civil matters and national judiciary-related issues that promise to shape the justice sector, await litigants and the public in the coming days.

Executive Order 10, funding of courts

The Supreme Court is expected to deliver judgment upon its resumption in the new year in a case between the 36 state states and the Federal Government over the dispute on the legality of the Executive Order 10 and the funding of courts created for the states under Section 6 of the Constitution.

It is the plaintiffs’ contention, in the suit marked: SC.655/2020, that it is the responsibility of the Federal Government to bear the capital and recurrent expenditure of all courts created under Section 6 of the Constitution.

The states are also arguing that the Executive Order 10 seeks to transfer to them, the responsibility of funding the capital and recurrent expenditures of the courts created for the state under Section 6 of the Constitution – State High Courts, Sharia Court of Appeal and the Customary Court of Appeal.

In opposition, the Federal Government has argued otherwise and prayed the court to dismiss the suit.

The court had planned to deliver its judgment on December 7, 2021, but had it rescheduled to an unspecified date in the new year.

Stamp duty collection, recovered loots

The Supreme Court is also expected to hear the two pending cases filed by the 36 state governments against the Federal Government.

One relates to the management of funds and assets recovered from looters since 2015, which the states claimed the Federal Government had kept secret from them.

The second, marked: SC/SC/CV/690/2021, in which they are contending, among others, that by virtue of the mandatory provisions of Section 4(2) of the Stamp Duties Act, the states are the sole authority to administer and collect stamp duties on all transactions involving individuals/persons within their respective states.

Ex-Governor Murtala Nyako and others

The Court of Appeal in Abuja is expected to deliver judgment in the appeals by former Adamawa State Governor Murtala Nyako, his son, Senator Abdulaziz, and others.

Nyako and others, being tried before a Federal High Court in Abuja on money laundering related charges, had appealed the trial court’s ruling rejecting their no-case submission.

The Court of Appeal heard their separate appeals late 2021 and reserved judgment to a date to be communicated to parties.

14-year-old alleged corruption trial

A former Governor of Jigawa State, Saminu Turaki, showed up for his alleged corruption trial on December 7, 2021, the first time in years since the matter began in 2007.

Turaki appeared at the Dutse Division of the Federal High Court in Jigawa State, to face the 32-count corruption charge pending against him and his co-defendants.

The December 7 proceedings took place before a judge who was newly assigned the case, Justice Hassan Dikko. The re-assignment of the case to Justice Dikko followed the retirement of Justice Sabiu Yahuza, from the Federal High Court’s Bench.

Jusice Yahuza’s retirement necessitated Turaki’s trial, which started in 2007, to start afresh with fresh pleas taken by the defendants.

At his re-arraignment on December 7, the former governor pleaded not guilty to all 32 counts. The judge then adjourned the matter till February 24 and 25, 2022 for trial.

Turaki, who served two terms as governor of Jigawa, from 1999 to 2007, was first arraigned by the EFCC before Justice Binta Nyako of the Federal High Court in Abuja on July 13, 2007, on a 32-count charge of misappropriating N36 billion while in office.

Following his arraignment, he was granted bail in the sum of N100 million.

IPOB’s Kanu

Proceedings are expected to resume on January 18, in the treasonable felony case involving the leader of the Indigenous People of Biafra (IPOB).

Justice Binta Nyako fixed the date on December 2, 2021 after hearing an application by Kanu’s lawyer Ifeanyi Ejiofor for the hearing date to be brought forward from their earlier date of January 19, 2022.

Oronsaye and Oyo-Ita

The trial of former Heads  of Service of the Federation (HOSF), Stephen Oronsaye and Mrs. Winifred Oyo-Ita, on money laundering-related offences will resume before the Federal High Court in Abuja this year.

The Court of Appeal in Abuja had granted a request by the Economic and Financial Crimes Commission (EFCC) for permission to appeal a ruling delivered by Justice Inyang Ekwo of the Federal High Court, Abuja in the trial of Oronsaye and others on fraud related charges.

Those being tried with Oronsaye in the charge marked: FHC/ABJ/CR/297/2015 are: Osarenkhoe Afe, Frederick Hamilton Global Services Limited, Cluster Logistics Limited, Kangolo Dynamic Cleaning Limited and Drew Investment & Construction Company Limited.

Mrs. Oyo-Ita is charged with Frontline Ace Global Services Limited, Asanaya Projects Limited, Garba Umar, Slopes International Limited,  Gooddeal Investments Limited, Ubong Okon Effiok, U & U Global Services Limited and Prince Mega Logistics Limited for allegedly being involved in N570m fraud.

They are being prosecuted by the EFCC before Justice Taiwo Taiwo of the Federal High Court, Abuja.

Imo State Deputy Speaker

On December 16, 2021, a High Court of the Federal Capital Territory (FCT) in Jabi, Abuja issued an arrest warrant against the Deputy Speaker of the Imo State House of Assembly, Amarachi Chyna Iwuanyanwu, over his alleged involvement in a N75 million fraud.

Justice Charles Agbaza, in a ruling, directed the Commander of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF) headquarters, Abuja to execute the arrest warrant so issued and produce him in court on January 13, for his arraignment.

Justice Agabza issued the orders following Iwuanyanwu’s failure to appear in court to answer to the four-count charge filed against him by the Inspector-General of Police (IGP).

In the charge marked: CR/230/201, Iwuanyanwu and a firm, Sungold Estate Ltd, were alleged to have defrauded Wanogan Farm Ltd to the tune of N75 million by allegely making dishonest and fraudulent claims  in respect of a property known as “Heroes Place, Plot 145 Adetokunbo Ademola Crescent, Wuse 2, Abuja.

Ex-NSITF boss Olejeme

The trial of the ex-Chairman of the Nigerian Social Insurance Trust Fund (NSITF), Ngozi Olejeme is expected to resume early before Justice Maryam Hassan Aliyu of the High Court of the Federal Capital Territory (FCT) in Jabi, Abuja

Olejeme, who was once a finance director of ex-President Goodluck Jonathan’s campaign organisation, is being tried for allegedly laundering  N3 billion.

 

Paris Club refund case

Hearing is expected to open on February 15, in the case by the 36 state governments, with which they are challenging the decision of the Federal Government to deduct $418 million monthly from their allocation from the Federation Account to settle their contractual obligations in relation to the Paris Club refund.

The states, in the suit marked: FHC/ABJ/CS/1313/2021, filed through their Attorneys-General, are contending, among others, that they were not parties to the case which resulted in a judgment that ordered the Federal Government to make deductions from the states’ allocations to settle debt allegedly owed consultants by the states.

The case is pending before Justice Inyang Ekwo of the Federal High Court, Abuja.

Death of Sylvester Omoroni

The needless death of a 12-year- old student of Dowen College, Lekki, Lagos, Sylvester Omoroni, in December, turned the society’s attention to the courts for justice. Omoroni reportedly died as a result of bullying and torture allegedly meted on him by some senior students for refusing to join a cult group.

So far, five students of the college suspected to be responsible for the death of the students have been arrested and are under investigation by the police.

A coroner inquest has also been inaugurated to ascertain the cause of death. The suspects were granted bail in the sum of N1 million each by a Yaba Chief Magistrates’ Court pending conclusion of police investigation and the coroner inquest.

 

Baba Ijesha

The society was jolted during the second quarter of the year when a popular Nollywood actor, James Olanrewaju a.k.a Baba Ijesha, was accused of child defilement by a comedienne, Damilola Adekoya a.k.a Princess, with video evidence to boot.

Baba Ijesha was subsequently charged before an Ikeja Special Offences Court, after police investigation, on a six-count charge bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

In the course of trial, he refuted his confessional statement, alleging torture, but the statement was admitted as an exhibit following a trial-within-trial.

Baba Ijesha is now set to enter a “no case submission” when proceedings resume on January 26.

 

Ikoyi building collapse

The coroner inquest into the collapse of a 22-storey high-rise building on Gerard Road, Ikoyi, Lagos will resume sitting January 12.

Forty-six persons, including the owner of the building, Femi Osibona, the contractor of the project and Managing Director of Fourscore Heights Ltd, lost their lives in the tragedy.

At the last sitting of the coroner court in the third week of last December, a structura engineer and the Managing Director of Prowess Engineering Nigeria Limited, Mr. Muritala Olawale, was scheduled to continue his testimony on the collapsed building. But proceedings were stalled due to a power outage.

 

Fani-Kayode forgery charge

The new year will witness the commencement of the 12-count charge of forgery and fabrication of documents brought against a former Minister of Aviation, Chief Femi Fani-Kayode.

Fani-Kayode’s trial will start on February 23, before Justice O.O. Abike-Dabiri of an Ikeja Special Offences Court.

The EFCC arraigned Fani-Kayode before the court, following the dismissal of an application in which the defendant questioned the jurisdiction of the court to try him.

He was alleged to have on March 23, 2021 procured one Dr. Ogieva Oziegbe to execute a document titled “To Whom It May Concern Re: Femi Fani-Kayode (Male/60 years), Hospital: No. 32145“, dated 23rd March 2021, and purported same to have been issued by Kubwa General Hospital.

Fani-Kayode pleaded not guilty to all the 12 counts.

Following an oral application by his counsel, Wale Balogun, Justice Abike-Dabiri granted him bail in the sum of N5 million and one surety in lìke sum and adjourned till February 23, 25 and 28, 2022 for trial.

 

Finally, Justice for kidnap victims?

After years of proceedings, Justice Hakeem Oshodi will on February 25, deliver judgment in one of the five cases bordering on kidnapping brought against suspected kidnap kingpin and billionare Chukwudumeme Onwuamadike (alias Evans).

Evans was charged alongside Uche Amadi, Okwuchukwu Nwachukwu, Ogechi Uchechukwu, Chilaka Ifeanyi and Victor Aduba for allegedly kidnapping Donatus Dunu, the managing director of Maydon Pharmaceuticals Limited on February 14, 2017.

 

Evans’ trial before other judges

Apart from his trial before Justice Oshodi, Evans and some other suspects have two cases each bordering on kidnapping, attempted murder and murder before Justice Oluwatoyin Taiwo ìn Ikeja and Justice Adedayo Akintoye in Lagos.

The two kidnap cases before Justice Akintoye, for instance, will come up on January 21m while  the two cases before Justice Oluwatoyin Taiwo will come up on February 4.

 

Fayose

The EFCC, on December 2, re-arraigned the former Governor of Ekiti State, Ayodele Fayose, and his company, Spotless Limited, on an amended 11-count charge in November.

In the amended charge, Fayose and one Abiodun Agbele, who is also standing trial on alleged money laundering offences before another division of the court, were alleged to have on June 17, 2014, taken possession of N1.219 billion, to fund Fayose’s 2014 governorship campaign in Ekiti State.

They were accused of committing criminal breach of trust, theft and stealing of public funds.

Among other charges, they were alleged to have, on the same June 17, 2014, without going through financial institutions, received $5 million from Senator Musiliu Obanikoro, who was then Minister of State for Defence

They pleaded not guilty to all the 11 counts.

The EFCC first arraigned Fayose on October 22, 2018, for an alleged fraud of N2.2billion before Justice Mojisola Olatoregun, six days after he completed his tenure as governor.

The case has lingered for close to four years, for a variety of reasons.

 

Rickey Tarfa

A Senior Advocate of NigeriaTarfa (SAN), Rickey Tarfa, will on January 28 open his defence at a Lagos High Court sitting at Tafawa Balewa Square, in the charge of alleged perversion of the course of justice by the EFCC before Justice Adedayo Akintoye.

Tarfa is facing a 26-count charge bordering on offering monetary gratification to two judges of the Federal High Court, Justices Hyeladzira Nganjiwa and Mohammed Yunusa.

At the last adjourned date, trial was stalled due to the absence of the defence. Justice Adedayo Akintoye, however, adjourned the case till January 28, for further hearing.

Tarfa did not attend court proceedings all through 2019 due to ill health. His counsel, AbiodunOwonikoko (SAN), had applied to the court for extension of time to allow his client recuperate before attending court’s proceedings.

He was arraigned by the EFCC on March 9, 2016 and subsequently re-arraigned on November 16, 2016 on an amended charge.

The anti-graft agency claimed that between June 27, 2012 and January 8, 2016, Tarfa paid N5.3 million in several tranches into Justice Nganjiwa’s bank account.

He was also accused of paying into Justice Yunusa’s account N800,000 in three tranches, between February 9 and November 30, 2015.

Tarfa pleaded not guilty and was granted bail on self-recognisance.

The EFCC has since closed its case, following which Tarfa opened his defence but became ill in the process.

 

Naira Marley’s trial resumes after 78 days

A Federal High Court in Lagos will on February 16 resume the trial of a popular musician, Azeez Fashola, a.k.a Naira Marleym after a 78-day adjournment.

Justice Nicholas Oweibo fixed the date on November 30, 2021 following the absence of an EFCC witness, Mr. Augustine Anosike, which stalled the resumption of Marley’s trial for alleged cybercrime.

Anosike, a forensic analyst, is testifying as a second prosecution witness in the case.

Marley, who was arrested by the EFCC  on May 14, 2019, has been standing trial on an 11-count charge bordering on the offence. According to the EFCC, the defendant committed the offences on different dates between November 26, 2018 and December 11, 2018, as well as May 10, 2019.

The EFCC claimed that some of the credit cards discovered in Marley’s residence bore the fictitious names Nicole Louise Malyon and Timea Fedorne Tatar.

These, the agency alleged, were used in furtherance of internet scams.

Marley, who sang the hit songs ‘Soapy’ and ‘Am I a Yahoo Boy’, pleaded not guilty during his arraignment on May 20, 2019 and is out on bail.

Trial has since commenced in the case and Anosike, who concluded his examination in chief on October 27, was scheduled for cross-examination.

Following the parties’ agreement, the court adjourned till February 16 and February 17, for continuation of trial.

The court vacated the previous date of December 14, on the ground that the date was no longer available for the court, following activities for the new legal year.

 

Ajetunmobi couple’s N11.79b alleged scam trial

A husband and wife, Bamise and Elizabeth Ajetunmobi, and their two firms – Imagine Global Holding Company Limited, Imagine Global Solutions Limited – are expected to feature prominently this year in a suit by aggrieved investors seeking to recover N11,795,090,000 they claimed they lost to an investment scam by the defendants.

At the last proceedings on November 11, 2021, a Lagos High Court in Ikoyi ordered all commercial banks to furnish it with comprehensive statements of account of Imagine Global Holding Company Limited, Imagine Global Solutions Limited and the Ajetunmobi couple within seven days.

Last October, Antiguan authorities confirmed that the couple are citizens of the country.

“Both Bamise Ajetunmobi and Elizabeth Ajetunmobi were granted citizenship in April 2021, having applied under the Citizenship by Investment Programme,” Antigua and Barbuda’s Citizenship by Investment Unit said in a statement.

 

Three problems NBA will focus on in 2022

Nigerian Bar Association (NBA) President Olumide Akpata on New Year’s Day unveiled the three thorny issues his administration will focus on this year.

They are the slow pace of administration of justice and the unpleasant experience of court users. The second is remuneration of lawyers and scale of charges for legal services. The last is under-employment and unemployment of lawyers.

Akpata said: “Although we have been working on these issues in varying degrees, we intend to double our efforts this year to ensure that these issues are resolved or, at least, we will lay the foundation for their resolution even beyond our term in office.

“The first is the slow pace of administration of justice and the unpleasant experience of many of our members who use the courts.  On this, our NBA Judiucary Committee led by my friend and brother, Dr. Babatunde Ajibade, SAN, has been working relentlessly for possible solutions since we set up that committee.  I have the assurances of the committee that, on account of their work, we will begin to see changes at our courts during the year through their court monitoring activities and other high-level engagements.

“The second is remuneration of lawyers and scale of charges for legal services.  I quite understand the apprehension of our members in this regard, and I can confirm that the Anthony Nwaochei-led NBA Remuneration Committee has done considerable work on this issue and is putting finishing touches on its proposals.  Once this is concluded, and we have the approval of the NBA-NEC, we will make the recommendations and implementation strategies of the Remuneration Committee public and commence enforcement.

“The third is under-employment and unemployment of lawyers. While this is a macroeconomic issue and cuts across all professions, we are cognisant of the fact that the NBA can galvanise and play a role in reducing the trend within the legal profession.  Our current approach in dealing with this has been largely through our efforts at helping lawyers expand the scope of their practice and become more active in other areas of law outside of our current traditional practice areas. The NBA Institute of Continuing Legal Education under the able leadership of Mr. Tobenna Erojikwe has been doing an excellent job in this respect on behalf of the NBA.

“This year, we will give more institutional attention to the issue of underemployment/unemployment within the profession and devise other practical means of dealing with the conundrum, to the extent that it is within the powers of the NBA to do so.  Some of our approaches may not yield the desired results in the short term, but with sustained efforts, I am confident that we will achieve our objectives in the mid to long term.

If you thought 2020 – what with its many controversies and COVID-19n among others – was unprecedented in the justice sector, you probably need a rethink.

This is because 2021 has been no less eventful, both inside and outside the courts. For instance, names like Igboho, Kanu, Maina, Ojukwu, Kalu, Kogi, etc. hugged the headlines following judicial proceedings. But there were other equally important ones, too, outside courtroom, including the raid on the home of a former governor and his Supreme Court Justice wife and the sanction of judges for granting conflicting orders, among others.

 

Judgment on Igboho self-determination suit

Call it the verdict of the year and you could be right.

Justice Ladiran Akintola of the Ibadan High Court on September 17, 2021 put to rest whatever doubts may have existed on the fundamentalness of the right to self-determination in a suit filed by Yoruba Nation agitator Chief Sunday Adeyemo popularly known as Sunday Igboho against the Federal Government.

Igboho, who is battling for his release from custody in Cotonou, Benin Republic, ran into trouble with the government, following his agitation.

His home in Soka, Ibadan, the Oyo State capital, was invaded by security operatives on July 1. Some of his properties, including vehicles, were destroyed. One of his cats was also taken away by the security agents who believed that it was Igboho who turned into a cat! Igboho fled, but he was arrested in Cotonou on his way to Germany and detained.

But he challenged the legality of the invasion of his home. He also sought the determination of the propriety of the Yoruba’s struggle for self-determination. He won on both counts.

In a landmark decision, the court not only declared the agitation for self-determination as legitimate, he announced a perhaps unprecedented punishment for the Federal Government.

“Chief Sunday Adeyemo and his group have a right to self-determination and are free to hold their rallies as long as they are peaceful. Self-determination is one of the fundamental human rights of the citizens that cannot be subjugated,” Justice Akintola held.

The judge also awarded N20 billion to Igboho against the Federal Government as aggravated damages over the invasion and destruction of his home by operatives of the State Security Service (SSS) on July 1, 2021.

Respondents in the suit were Attorney-General of the Federation, the State Security Service (SSS) and Director, State Security Service, Oyo State.

The Federal Government has said it will appeal.

 

The Mainas

The November 8 judgment of Justice Okon Abang of the Federal High Court in Abuja brought the curtains down on a dramatic legal battle between a former Chairman of the defunct Pension Reform Task Team (PRTT), Abdulrasheed Maina.

Maina and his 20-year-old son, Faisal, were arrested by operatives of the State Security Service (SSS) at the Pennsylvania Avenue Hotel, Utako, Abuja, on September 30, shortly after sneaking into Nigeria from Dubai.

Maina was arrested after a four-year manhunt on suspicion of being involved in a N2 billion pension fraud.

Father and son were arraigned on October 25, 2019, before the Federal High Court, Abuja by the Economic and Financial Crimes Commission (EFCC).

But the case suffered several adjournments for often dramatic reasons. Faisal jumped bail and stopped attending court.

The judge, who revoked the defendant’s bail and ordered his arrest to no avail, ordered the trial to proceed in his absence.

Maina, who appeared to be relatively fit at the commencement of trial, sent tongues wagging when he was subsequently wheeled into the courtroom by prison officials in the course of the several adjournments. He was very ill, his lawyers argued, and could not walk.

Justice Abang on October 7, found Faisal guilty in absentia on all the three counts of money laundering involving N58.1million of public funds. He sent the defendant to 14 years’ imprisonment.

The judge, on November 8, sentenced the elder Maina, to eight years imprisonment after convicting him and his firm, Common Input Property and Investment and Investment Ltd, on a 12-count charge of money laundering.

He ordered the convict to forfeit N2.1billion and houses to the Federal Government.

 

Ikoyi Marriage Registry

On December 14, some traditional media and blogs were awash with a report that a Federal High Court in Lagos voided the conduct of marriages by the Federal Government.

The reports specifically claimed that the court declared as illegal and invalid all marriages conducted at the Ikoyi Marriage Registry in Lagos.

The reports threw the public into a frenzy.

It turned out the report was not quite correct. Yes, there was a judgment restricting the Federal Government on some aspects of the matter of marriages, but it did not affect Ikoyi.

The court did not bar the Federal Government-owned Marriage Registries of Ikoyi, Lagos and the Federal Capital Territory, Abuja from further contracting marriages under the Marriage Act, 2004.

It did, however, perpetually restrain the Minister of Interior from further contracting marriages under the Marriage Act, 2004 within four Local Government Councils Areas in four states.

The Councils are Eti-Osa in Lagos State, Egor in Edo State, Owerri Municipal in Imo State and Port Harcourt City in Rivers State.

The orders are contained in the Certified True Copy (CTC) of the judgment of Justice Daniel Osiagor delivered on Wednesday, December 8, 2021, seen by The Nation on December 15.

The four plaintiffs in the suit marked FHC/ LS/CS/816/18 were Eti-Osa Local Government Council Area, Lagos State; Egor Local Government Council Area, Edo State; Owerri Municipal Local Government Council Area, Imo State and Port Harcourt City Local Government Council Area, Rivers State.

The three defendants are the Minister of Interior; Attorney-General of the Federation and Minister of Justice; and a firm, Anchor Dataware Solutions Limited (party joined by order of the court on April 9, 2019).

Justice Osiagor, however, refused to direct the Minister of Interior to return all marriage certificates issued within the respective plaintiffs’ Local Government Councils since June 8, 2004, as demanded by the plaintiffs.

The judge also refused to order the Minister of Interior to return all the fees/money paid by couples since June 8, 2004, to the plaintiffs’ Marriage Registries for re-issuance.

Regarding the plaintiffs’ prayer for an order sealing all Federal Marriage Registries in their local governments, the judge granted the prayer in part.

He granted the prayer to the extent that there shall be no Federal Marriage Registry in the Marriage Districts (Local Government Councils) save Ikoyi and Abuja Federal Marriage Registry which predate the 1999 Constitution.

The order, the court held, is without prejudice to the Minister of Interior’s “exclusive powers” to issue licences to places of public worship to celebrate marriages all over the federation.

 

Ojukwu

2021 can’t go by without a mention of the names Chidinma Ojukwu and Usifo Ataga

The Lagos State Government is prosecuting 21-year-old Miss Ojukwu and two others over the alleged murder of Ataga, the Chief Executive Officer of Super TV.

Chidinma – a 300-level Mass Communication student of the University of Lagos – and one Quadri Adedapo were arraigned before Justice Yetunde Adesanya of the State High Court sitting at the Tafawa Balewa Square on Lagos Island.

They were docked on a nine-count charge alongside Ojukwu’s sister, Egbuchu Chioma from whom the late Ataga’s iPhone 7, was said to have been recovered.

The charge dated August 31, was filed by the Lagos State Director of Public Prosecution (DPP) Mrs Olayinka Adeyemi.

 

N20b Kogi bailout loan

The news must have sent shockwaves around Kogi. The Economic and Financial Crimes Commission (EFCC), on August 31, secured an interim court order freezing a Kogi State salary bailout bank account with N19.333,333,333.36 (billion).

It claimed that the money, meant for the payment of Kogi State workers, was instead domiciled in an interest-yielding account with the bank.

Justice Tijjani Ringim made the order pending the conclusion of investigation by the EFCC.

The state challenged the order, arguing that the anti-graft agency was wrong. On October 15, the EFCC withdrew its suit seeking the forfeiture of the N19.3b.

Justice Chukwujekwu Aneke granted the order of withdrawal sequel to a motion filed and argued by the counsel to EFCC, Mr. Kemi Pinheiro, SAN, leading Mr. Rotimi Oyedepo.

One of the six grounds upon which the judge granted the prayer was that questions resulting in the commencement of the suit had been clarified, and an intention had been shown to return the N19.3b to the Central Bank of Nigeria.

 

Nnamdi Kanu arrest, ‘extradition’

Did the Federal Government break local or international law in bringing the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu back home in June?

The question was on the minds of many Nigerians in the days after the controversy.

The Federal Government said Kanu was re-arrested abroad and returned to Nigeria to resume his terrorism trial from which he allegedly absconded four years ago.

Kanu was apprehended on Sunday, June 27, according to the Attorney-General of the Federation and Minister for Justice, Abubakar Malami, SAN.

“He has been brought back to Nigeria to continue facing trial after disappearing while on bail regarding the 11-count charge against him,” Malami said at a news conference in Abuja.

Kanu was also accused of instigating violence in the Southeast that resulted in loss of lives and property of civilians, military, para-military, the police and destruction of civil institutions and symbols of authorities.

He fled the country in September 2017, after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State. The government obtained a court order on September 20, 2017, to designate IPOB as a terrorist group and to proscribe it.

Since his re-arrest, there have been speculations about where and how he was nabbed. Kenya, one of the countries suspected of involvement in the saga, denied involvement.

But his Germany-based brother Kingsley Kanu, claimed on November 4, that the Kenyan Government had admitted it did not follow extradition proceedings before sending his brother to Nigeria.

He said the Kenyans admitted this in its November 2, 2021, defence to a suit he filed in Kenya on behalf of Mazi Kanu.

He is facing trial before Justice Binta Murtala Nyako of an Abuja High Court, charged with treason, terrorism and illegal possession of firearms, among others.

 

Kalu

Not many Nigerians expected the September 29, 2021 judgment of a Federal High Court in Abuja stopping further trial of former Abia State Governor Orji Uzoh Kalu and his firm – Slok Nigeria Limited – for alleged N1.7billion fraud.

Justice Inyang Ekwo, in two judgments on September 29, 2021 held, among others, that since Kalu and his firm were not mentioned in the judgment of the Supreme Court, which voided their earlier conviction and sentencing, and ordered a retrial, the judgment could not be applied to them.

Justice Ekwo held that it was only the former Account Director in Abia State Government House, Ude Jones Udeogu, named in the Supreme Court judgment, that could be re-tried as directed by the Supreme Court.

 

 States vs. Federal Government

VAT dispute case

The judicial dispute between some states and the Federal Government (represented by the Federal Inland Revenue Service – FIRS) over the collection of the Value Added Tax (VAT) is one of the highlights of the year.

At the last hearing in the case on October 7, this year, the Court of Appeal in Port-Harcourt adjourned indefinitely to allow for the resolution of issues raised by Rivers State, particularly its request for a new panel to hear the case.

The court had, on September 30, granted the application by Lagos State, through its Attorney-General, to be made a respondent in the appeal filed by the FIRS.

The appeal by the FIRS is against the August 9, 2021 judgment by Justice Steven Pam of the Federal High Court in Port-Harcourt voiding VAT and related taxes, and holding that states could collect such taxes.

Stamp duty dispute

One of the cases of the year was the suit by the Attorneys-General of the 36 states against the Federal Government (sued through the Attorney-General of the Federation (AGF), accusing the government of failing to remit funds generated from stamp duties into state accounts.

In the suit which is before the Supreme Court, the states are arguing that they are the sole authority to collect stamp duties and not the Federal Government.

In the suit filed before the apex court on August 24 and marked SC/CV/690/2021, the states’ AGs want the court to, among others, determine whether or not “having regard to the mandatory provisions of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria (LFN) the plaintiffs (all the state attorneys) are not the sole authority to administer and collect stamp duties on all transactions involving individuals/persons within their respective states.”

Dispute over funding of judiciary

Who should fund the recurrent and capital expenditures of all courts named in the Constitution? States and the Federal Government have been locked in a dispute on this with serious implications for the efficiency of the judiciary.

The Supreme Court is expected to render its verdict in the dispute.

On October 4, Supreme Court reserved judgment in the suit, marked SC/655/2020, after taking final arguments from lawyers to parties and listening to the opinions of the five amici curiae invited by the court.

By the suit, the states want the court to void the Executive Order 10 issued by President Muhammadu Buhari in 2020 on the funding of the judiciary and to hold that it is the responsibility of the Federal Government to fund the recurrent and capital expenditures of all courts named in Section 6 of the Constitution, including State High Courts, Sharia Court of Appeal and the Customary Court of Appeal.

Recovered loot dispute

There is also another suit, SC/395/2021 filed on June 16, 2021 by the 36 states against the Federal Government, seeking to, among others, compel it to account for looted funds so far recovered since 2015.

The plaintiffs claimed that the Federal Government had since 2015 recovered, from international and domestic forfeiture, N1.8 trillion, 167 properties, 450 cars, 300 trucks and cargoes and 20 million barrels of crude oil worth about N450 billion, but illegally appropriated the assets meant for the three tiers of government.

The case is pending before the Supreme Court.

Baba Ijesha

Nollywood and its fans were jolted in the second quarter of the year when a popular actor, James Olanrewaju a.k.a Baba Ijesha, was accused of child defilement by a comedienne, Damilola Adekoya, a.k.a Princess.

Baba Ijesha was subsequently charged before an Ikeja Special Offences Court, after police investigation, on a six-count charge of indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

In the course of trial, Baba Ijesha denied voluntarily making a confessional statement to the police. Rather, he alleged that he was tortured, following which the court approved a trial-within-trial to determine the truth.

Justice Oluwatoyin Taiwo upheld the prosecution’s argument during the trial-within-trial and ordered the defendant to enter his defence in the matter.

Baba Ijesha is set to enter a “no case submission” in the court at the next adjourned date of January 26, 2022.

 

Ondo Governorship Poll

The Supreme Court on July 28, upheld the election victory of Ondo State Governor Rotimi Akeredolu of the All Progressives Congress (APC).

The apex court, in a split decision of four-to-three, dismissed the appeal of the Peoples Democratic Party (PDP) candidate in the October 10, 2020 governorship election, Eyitayo Jegede, SAN.

A seven-man panel of justices of the Supreme Court heard the appeal.

While the majority of the judgment that affirmed Akeredolu’s victory was delivered by Justice Emmanuel Agim, the dissenting minority verdict that upheld Jegede’s appeal was delivered by Justice Mary Peter-Odili who was the head of the panel.

The apex court, in its majority verdict, said it found no reason to set-aside the concurrent judgments of the Court of Appeal and the Ondo State Governorship Election Petitions Tribunal, which earlier dismissed Jegede and PDP’s case for being incompetent.

Jegede and the PDP had approached the apex court to void the July 16, 2021, judgment of the appellate court in Akure, which validated Akeredolu’s election.

The appellate court had affirmed the decision of the tribunal which dismissed the joint petition Jegede and the PDP lodged against the declaration of Akeredolu as the valid winner of the Ondo governorship contest.

Jegede and the PDP had, in their case, queried the legal validity of Akeredolu’s nomination by the National Caretaker Committee of the APC headed by Yobe State Governor, Mai Mal Buni.

The appellants prayed court to determine whether signing of such nomination form by Buni did not amount to a gross violation of the 1999 Constitution, as amended.

They specifically urged the court to determine whether Buni, as a sitting governor of Yobe State, could double as National Chairman of the APC to sign the nomination of Akeredolu, SAN, for the governorship election.

However, the Justice Theresa Orji-Abadua-led panel of the appellate court dismissed their case which it said only succeeded in part.

Though the appellate court acknowledged that the issue raised by the appellants had constitutional implication, it, nevertheless, held that non-joinder of Buni as a party in the matter, proved fatal to Jegede’s case.

The appellate court, therefore, declined to set-aside the decision of the election tribunal, which held that the issue of Buni signing Akeredolu’s nomination form was an internal affairs of the APC.

Dissatisfied, Jegede and PDP, approached the Supreme Court, urging it to determine whether it was a matter of necessity to join the Chairman, APC National Caretaker Committee and Governor of Yobe State, Buni, in the petition he lodged against Akeredolu’s candidature, in spite of immunity provided for governors in Section 308 of the 1999 constitution.

On his part, Akeredolu, aside from seeking the dismissal of the appeal, also lodged his own Cross-Appeal.

He contended, among others, that Jegede’s petition was statute barred, insisting that it was filed outside the 14 days period stipulated by the Constitution.

Likewise, the Independent National Electoral Commission, INEC, also lodged a Cross-Appeal, equally maintaining that Jegede’s case was statute barred.

Akeredolu, APC and INEC, prayed the apex court to set aside the verdict of the appellate court and uphold the results of the October 10, 2020 governorship election as declared.

 

Siege to Odili’s residence

One of the most controversial incidents in the justice sector this year was the October 29 attempted siege to the Abuja residence of a former Rivers State Governor, Dr. Peter Odili and his wife – the second most senior Justice of the Supreme Court – Justice Mary Odili.

A Chief Superintendent of Police, Lawrence Ajodo had applied for and obtained a search warrant from the Wuse Zone 6 Magistrate’s Court in Abuja, for execution on the residence.

Ajodo allegedly claimed he was acting on behalf of a certain Joint Asset Recovery Team allegedly being coordinated by the Federal Ministry of Justice.

He said the application was based on an ongoing investigation into whistleblower information suggesting that “criminal activities” were taking place in the house.

Security operatives invaded the home on October 29 to execute the warrant, but were stopped by vigilant security officials who found inconsistencies on the warrant.

The magistrate who issued the warrant reportedly revoked it later that day on the grounds that he was misled to issue it.

The Attorney-General of the Federation, Abubakar Malami, who superintends over the Federal Ministry of Justice, distanced himself from the raid. So did the police, EFCC and Department of State Security (DSS).

There were several wrinkles on the face of the matter and the public was suspicious.

Was this a case of mistaken identity since Justice Odili’s residence is not No. 9 Imo Street as contained in rge warrant but No. 7 Imo River Street?

Since there were robust denials from AGF Malami, the DSS and EFCC, who did it?

Was it the police or any of the other security forces?

Were they gunning for Mrs Odili’s husband Dr Odili, who recently sued the Nigerian Immigration Service (NIS) over the seizure of his international passport?

The NIS said that its action followed a request from EFCC which claimed that Dr. Odili was on its watch list.

However, Justice Inyang Ekwo of the Federal High Court, Abuja had on October 18, 2021 declared that the seizure of Odili’s passport was illegal.

The incident, reminiscent of a similar raid on judicial officers’ homes in 2016, caused a nationwide outrage with fingers immediately pointed at Federal Government security agencies.

The Nigerian Bar Association (NBA), the National Assembly, the Supreme Court management, human rights groups among others all demanded that must action against the perpetrators.

In perhaps its most strongest terms yet, the Chief Justice of Nigeria (CJN) Tanko Muhammad-led Supreme Court blew hot over the raid.

“This incident brought back, rather painfully, the ugly memory of the October 2016 midnight invasion of the homes of our respected justices with no satisfactory explanations as to the true motive behind such brazen assault on our collective sensibility,” the apex court added in a statement.

So far, 15 suspects said to be involved in the raid have been arraigned at the Federal High Court, Abuja. They were slammed with 18-count amended charge which borders, among others, on forgery, criminal trespass, intimidation, threats, and extortion. Twenty-two defendants were on the charge but seven are still at large. The defendants pleaded not guilty to the charge.

 

NJC hammers judges

In a long-awaited move, the National Judicial Council (NJC) on December 16 moved to stem the recurrent menace of indiscriminate granting of conflicting orders and injunctions by some judges.

The judiciary’s highest decision-making organ punished three judges of courts of concurrent jurisdiction who issued conflicting ex parte orders in the leadership crisis that dogged the Peoples Democratic Party (PDP) this year.

Two of the high court judges — Okogbule Gbasam and Nusirat Umar — were barred from moving to the “higher Bench” in the next two years.

The third, Edem Kooffreh of the High Court of Cross Rivers State, will remain on the same spot for five years.

Gbasam is a judge of the Rivers State High Court while Umar is of the Kebbi State High Court.

The trio received warning letters which also placed them on a watchlist by the NJC.

They were found culpable of issuing conflicting orders in cases involving the former National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus.

A statement by NJC Director of Information, Soji Oye, said the decisions were reached at a meeting presided over by the NJC Deputy Chairman, Justice Mary Peter-Odili.

The statement was, however, silent on the fate of the other three High Court judges in Anambra, Jigawa and Imo states.

Prior to the NJC’s move, there had been complaints by stakeholders including former Chief Justices of Nigeria (CJNs) about and promises by the judiciary to tackle the problem.

 

EndSARS: Confusion, controversy trail report

Nearly one year after it was inaugurated, the Lagos State Judicial Panel of Inquiry on #EndSARS on November 15 submitted two documents — a consolidated report on cases of police brutality and another on the Lekki Tollgate incident investigation — to Governor Babajide Sanwo-Olu.

Sanwo-Olu set up a four-man committee to examine it within two weeks and “bring forward the white paper that would be considered at the Lagos State executive council and presented as the white paper coming from the panel of inquiry.”

Hours afterwards, a purported version of the 309-page document appeared in the media space.

That version alleged that nine people died at the Lekki tollgate on October 20, 2020 from gunshots fired by the military

But several analysts found that the version was ridden with errors and inconsistencies that appeared to impugn the competence and integrity of the makers.

The Lagos State government on November 30 released the White Paper. In it, the state rejected the panel’s claim that there was ever any form of massacre at the Lekki tollgate during the incident.

The White Paper stated that the findings of panel that nine people were killed by soldiers at Lekki tollgate on October 20, 2020 were based on assumptions and speculations.

The government, in the White Paper, said the inconsistencies and contradictions in the entire report concerning the number of persons who died at the tollgate on the fateful day and the cause of death rendered the panel’s findings and conclusions thereon as totally unreliable and, therefore, unacceptable.

“It is quite astonishing that in the list of eleven (11) deaths set at pages 297 – 298 two (2) of the names appeared twice (Kolade Salam, Folarunsho Olabisi as Nos. 37 and 38).

“Furthermore, the person listed at No. 46, Nathaniel Solomon, who testified as a witness and petitioned the judicial panel of inquiry in respect of his brother who allegedly died at Lekki tollgate on October 20, 2020 was also listed as dead person.

“Remarkably, Nathaniel Solomon’s deceased brother (Abata Solomon), was then also listed as No.2 on the list of persons who died at Lekki tollgate,” the report stated.