The Nation Newspaper

Category: Law

  • NDLEA vows to end trafficking through Seme

    The National Drug Law Enforcement Agency (NDLEA), Seme Command has vowed to intensify its war against traffickers through the Seme Border.

    Speaking at the Command’s headquarters at Ibereko, Badagry, the Commander, Udotong Essien, said 907.45 kilogrammes of Cannabis Sativa was seized at the border last year, while 22 persons were convicted at Federal High Court Lagos.

    Also recovered were N3,849,650; 2,307,000million CFA; $50,391.00, one Mercedes Benz V-boot saloon car, three Honda Motorcycles and one Yamaha Engine boat. Five drug dependent persons were counseled on the dangers of drug abuse and trafficking, he said.

    “We made more arrests of persons with Cannabis Sativa (Indian Hemp) otherwise referred to as Skunk in Ghana, where all seized Indian Hemp came from. This Ghana specie is said to be superior to the ones grown locally here.

    “We made 31 arrests which includes a Ghanian lady identified as Juliet Adjei, caught with 35.5 kilogrammes of Cannabis Sativa; Samuel Alabi who hails from Ogun State with two kilogrammes; Mohammed Ibrahim from Kebbi, with seven kilogrammes; Ismailla Aliyu and Edwin Igbokwe arrested with 781.5 kilogrammes, N480,000, four motorcycles, one Yamaha boat engine, among others,” he said.

    Essien advised parents whose wards are schooling in Benin Republic to monitor their activities. He said a student was arrested with large quantities of Indian Hemp.

    He debunked claims that his officers employ black magic to detect drug peddlers. “Before you become an NDLEA officer, you must be properly trained. This training centres on what we call risk assessments and profiling. When you see someone that has something to hide, mere eye contact tells you if he is a suspect.

    “We apply intelligence-led policing to nab them. We do a lot of profiling, like where one is coming from and heading to.  We exchange information on suspects with the traditional rulers, the police, the Customs, etc.,” he said.

    Essien said officers were trained locally and abroad last year, adding that they need more gadgets, operational vehicles, among others, for optimal performance.

  • ‘Why judiciary must join fight against corruption’

    ‘Why judiciary must join fight against corruption’

    Monday Ubani is the immediate past Ikeja Branch chairman of the Nigerian Bar Association (NBA). In this interview with ADEBISI ONANUGA, he speaks on the war against corruption and other national issues

    The President said recently that he would soon disclose the names of those who returned stolen money. Do you think the matter should just end like that? What do you think he should do?

    I don’t think what the President is saying is that he would direct Central Bank to publish the names of those who have returned stolen money. He meant that he would forgo prosecution. I think that he was making a response to the demands of those who are asking that the names of those who have been alleged to refund stolen money to be published. So, he made a specific statement to that effect that he would ask the Central Bank to publish those names.  As for allowing them to go scotfree, I didn’t hear him say so. I think that those who have returned stolen  money, one way or the other, they have been indicted and must be made to face the wrath of the law. Allowing them to go  scotfree and then returning whatever they feel like returning out of what they have stolen, is like encouraging corruption. Because if we must put a stop to corruption, we must make corruption not to pay. We must make corruption as something not enjoyable, as something you would do and not go scotfree, we must make it something that if you eat it, you would not just vomit it, you would also pay for eating it. It is an infraction on the law. So, allowing them to go is not something I would encourage them the President to do. They must be made to face the music. It may well be that their punishment is mitigated. Maybe if they are to go for three years, they may go for six months or less than that which we called plea bargain in the system.

    To end this fight against corruption, what should be the expectation from the judiciary?

    The judiciary has a very great role to play. The judiciary must agree with the philosophy of the executive that we must fight corruption and nip corruption in the bud.  If we have a judiciary that cue into the philosophy of the executive, then we would see a judiciary that is up and doing in effective administration of justice particularly in high  profile cases. Because corruption is a bailable offence, we must fix a time line within which we must have corruption cases disposed off. The prosecution must be given evidence to present the evidences he has and the accused must be given opportunity to present his defence. So, you don’t allow all these technicalities to come into play. You don’t allow issues of stay of proceedings and interlocutory injunctions to come into play. You don’t allow interlocutory appeals anymore because the Administration of Criminal Justice 2015mhas outlawed all these processes that they were using to stall proceedings in criminal trials. So, what the judiciary should do now is to play the rule of the game by ensuring that there must be an end to criminal trials within a time so that if any one has appeal, if he doesn’t feel that he has gotten justice and then goes up to the Court of Appeal and then the Supreme Court, all these cases must be resolved within a time line so that there won’t be prolong trials like the ones we have of 2007 cases that are still lingering even at preliminary stages. So, the judiciary must cue into this particular struggle, cue into this struggle that we must fight corruption and then, the executive can achieve its purpose of fighting corruption in the country.

    Would you then support the establishment of special court to fight corruption cases so that such cases can be disposed off within a record time?

    I don’t have anything against it anymore. I used to be one of those opposing it. But in the light of what is happening now in the judicial system. Not only subscribing to issue of a special court, I am also subscribing to issue of a time line just like it is done in electoral process. So we give a time line within which trial at the lower court, at the Court of Appeal level and Supreme Court must hold so that we can begin to see a quick disposal of criminal cases the way we are seeing it in election cases. So, if there are issues of injustice in our system, we can also mitigate it by amending our laws in order to ensure that there is justice. But time is of essence in such quick disposal of cases particularly in criminal and corruption cases. We must understand what corruption has done to this nation, we must understand how it has destroyed the psyche of this country.

    We must understand that the road is not safe today because of corruption, that our education system has collapsed because of corruption, our health system is now in shambles because of corruption, there is high rate of unemployment  because of corruption, there is no energy because of corruption, that the airspace is not safe because of corruption. A lot of things have impeded our growth because of corruption. If we know what corruption has done to us and we have all agreed that we must fight it, then we must all begin to cue into the philosophy of nipping it in the bud by assisting the present government to fight it and stop it. We must then put up a structure that would ensure there is transparency in government, hard work, honesty and transparency in governance and then, begin to teach people, even from primary school, the issue of hard work, honesty and integrity even in government offices and other places.

    Against the background of the arms scandal, would you support the calls for freedom for the convicted soldiers by special martial courts?

    We have been saying it that those soldiers that were convicted by special martial courts on grounds that they abandoned the war front. We have been saying that those trials were not conducted in accordance with our laws, that they have reasons for what they did because they had no ammunitions to fight the war. You don’t go to war with hoe and matchets. You go to war with guns. If they had no guns, it would have been suicidal for them to engage in that war against the insurgence. Now that these facts are coming to reality, based upon even our insinuations, even based on  what we are saying, we are totally in agreement that they should not be imprisoned. They should be set free. They should be reabsorbed back into the Nigerian Army and then the spirit of those who are already there would ginger them in fighting the war. So I am totally advocating for amnesty for them because they had reasons to do what they did.

    How do you react to reports  that government would start removing subsidy as from next year?

    Government will be making a very grave mistakes if they don’t give us the fundamentals, if there are no disclosures on why they must remove subsidy, why there is no subsidy in the first place and why our refineries are not working, how much are refining? How much are we importing? How much are we using to supplement the quantity required for the functions of Nigerians. If we don’t have all these disclosures, removing subsidies would create some level of hardship on the people. It will also not be in the interest of the present government. The government must come out clear and tell us what they intend to do in the oil sector. The oil sector is still hazy, is still opaque, is not very clear, is not transparent. We need to know how much we are buying the refined oil, how much are we importing the  fuel, how much is the landing cost and all that. They need to give us all the statistics. They should tell us how much we are using to subsidize because if all these things are not disclosed, it then means that the government is as guilty as the previous government. This has been the reason why we are all up in arms against the government when they talk about removal of subsidy. What has happened to the refineries that were functioning when this government came in? What has happened to them that they are no longer functioning; and then what is government going to do with them? Are they going to privatise them? Is government going to allow them to be in limbo? What does government  intend to do about them? We must have the full disclosures. When we have the full disclosures, they can then go ahead to do whatever they want to do with them. If we continue the same way of not explaining to the people and we just come up with some harsh measure that do not in any way impact positively on the economic life of the people, then it is not too healthy for us and for this present government.

     

     

  • Who has power to deny suspects bail?

    During his maiden media chat last Wednesday, President Muhammadu Buhari justified the continued detention of former National Security Adviser (NSA) Sambo Dasuki and Indigenous People of Biafra (IPOB) leader Nnamdi Kanu, who were granted bail by the court. Is the President right? JOSEPH JIBUEZE sought lawyers’ views.

    In law, a suspect granted bail by the court is expected to be released once he fulfils the conditions attached thereto. But in some instances, some suspects have not been allowed to go home after fulfilling their bail conditions. In the past few weeks, we have seen the cases of some high flying suspects. Former National Security Adviser (NSA) Col. Sambo Dasuki and Indigenous People of Biafra (IPOB) leader Nnamdi Kanu are still being held despite fulfilling their bail conditions.

    Last Wednesday during his maiden “media chat”, President Muhammadu Buhari said they were still in custody because they committed “serious” crimes. His remark has provoked reactions, with many wondering if it is the executive’s duty to comment on a case in which it is a party. Is the government right to have kept them in detention despite being granted bail?

     

    Dasuki

     Fresh charges of alleged money laundering were filed against Dasuki, who was arraigned on September 1 for alleged illegal possession of firearms. Before the fresh charges, Justice Adeniyi Ademola had granted him bail on self-recognition.

    Soon after, Dasuki obtained the court’s leave to travel abroad for medical treatment, but he was prevented from doing so by the Department of State Services (DSS), who laid siege to  his residence in the Asokoro District of Abuja  where he was kept under house arrest. The service had claimed at the time that the former NSA was under investigation for another offence.

    Dasuki approached the court praying for the enforcement of the November 3 order so he could travel for three weeks on health ground. Justice Ademola insisted that Dasuki must be allowed to travel without delay. “Court order must be obeyed…My own orders will not be flouted,” the judge said.

    Another court had also granted Dasuki bail after he was arraigned on a 22-count charge of alleged diversion of funds, misappropriation and breach of trust to the tune of N19.4 billion.

    The former NSA and others were granted bail on December 21 by the Federal Capital Territory High Court in the sum of N250 million each and two sureties in like sum.

    But after fulfilling the conditions for his bail by Justice Peter Affen , Dasuki’s lawyer Ahmed Raji (SAN) said the DSS has refused to allow him go home but was detained in Kuje Prisons. Dasuki’s wife said her husband’s health is bad, pleading for his freedom.

    “He is ill, he needs medical attention, he is not pretending. I implore the DSS not to allow him to die in custody,” Mrs Dasuki was quoted as saying.

     

    Kanu

     Justice Ademola granted Kanu bail unconditionally while ruling in an application filed and argued by his lawyer Vincent Obeta. The judge set aside an earlier order permitting the DSS to detain Kanu for 90 days. According to the judge, Kanu’s continued detention after two months without trial violates Section 158 of the Administration of Criminal Justice Act 2015 and Section 35 of the 1999 Constitution. The court ordered the DSS to release him unconditionally

    Rather than release him, fresh charges were filed against him. On December 23, Kanu frustrated plans to arraign him and two of his associates by expressing doubts about Justice Ahmed Mohammed’s ability to adjudicate the treasonable charge against them fairly. The judge withdrew from the case.

     

    Akpobolokemi

     Despite being granted bail by two courts, security agents on December 14 re-arrested a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) Patrick Akpobolokemi, outside the Federal High Court premises in Lagos moments after his trial for allegedly defrauding the Federal Government was adjourned.

    Policemen and plain clothes operatives swooped on Akpobolokemi and bundled him into a waiting bus soon after Justice Ibrahim Buba adjourned trial to January 18. Akpobolokemi’s re-arrest is linked to fresh allegations of fraud of about N12,905,485.000 meant for a maritime university.

    EFCC arraigned the ex-NIMASA DG and three others on charges of converting N2.6 billion as well as defrauding the Federal Government to the tune of N795.2 million. They were granted bail.

    Akpobolokemi and nine others, including two companies, were earlier arraigned before Justice Saliu Saidu of the same court on a separate charge of conspiring among themselves to convert N3.4 billion belonging to NIMASA. They also pleaded not guilty to the charge. They were also granted bail.

    It was learnt that Akpobolokemi was released from prison custody the weekend before he was re-arrested after perfecting the bail conditions imposed on him by Justice Buba.

     

    Buhari’s reaction

     President Buhari had justified Dasuki and Kanu’s detention, saying those who committed serious crimes against the country cannot be granted temporary freedom because they could jump bail.

    “Technically, if you see the type of atrocities these people have committed against the republic, against the country, when you think about it, you can’t allow them to jump bail,” he said.

    On the IPOB leader, he said:’’And the one you are calling Kanu, do you know he had two passports, one Nigerian, one British, and he came into the country without any. Do you know he brought an equipment into this country and was broadcasting, Radio Biafra; which kind of government do you think should harbour that kind of person?”

     

    When can bail be denied

     According to lawyers, bail, although a right, is discretionary. According to a lawyer, Ijeoma Okoronkwo, right to bail enables a person to stay out of jail until a trial has found him or her guilty in line with constitutional provision of an accused being innocent until proven guilty.

    Presumption of innocence is provided in section 36(5) of the 1999 Constitution as one of the constitutional safeguards for fair hearing. However, a person may be denied of his right to personal liberty in the following circumstances as provided in section 35(1) (c): For the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed a criminal offence, and in order to prevent his committing a criminal offence.

    Section 35(4) however demands that any person denied of his personal liberty in this regard shall be brought before a court of law within a reasonable time otherwise the person should be released on bail. Reasonable time is further defined in section 35(5) as: 24 hours (a day) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of 40kms. In any other case , 48 hours (two days) or any longer period, which given the circumstances of the case, the court considers reasonable.

    In case a person is accused of a non-bailable offence, such as a capital crime, it is a matter of discretion of the court to grant or refuse bail. In Nigeria, murder, treason, treachery, directing and controlling or presiding at an unlawful trial by ordeal, are considered non-bailable offences.

    Some have argued that the Federal Government has done no wrong so far. A lawyer, Tonye Barcanista, argued that the DSS did not contravene any law or disobeyed the court by re-arresting Dasuki.

    “Though Dasuki and others were released from prison after meeting bail condition, he was re-arrested after stepping out of prison. We have to note that the bail was respected by the DSS but unfortunately for him, the judgment of the court didn’t grant him any immunity from further arrest. Hence, the government committed no offence in re-arresting him,” he said.

    On Kanu, the lawyer said: “At no time did any court ‘free or clear’ Kanu of any charge against him. What Justice Ademola did was to vacate the order it first granted to DSS to detain Kanu for three months.

    “What the DSS simply did was to detain Kanu and file case in court on charges that borders on treason. What constitute treason in Nigeria? The offence of treason can be found in sections 37 to 49 of the Nigeria criminal code. It says: Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason.

    “Through Radio Biafra, Kanu preached inciting messages and even went as far as soliciting for arms with intent to wage war against the State. This was captured in a video that has gone viral. I think that breached section 37(2) of Nigeria Criminal Code (in my opinion),” he said.

    Some analysts, however, argue that the President was still trapped in the past, having recalled that during the military era, people were presumed guilty and detained until they prove their innocence. To such observers, the president must realise that a democracy is different from a military regime.

    However, A Senior Advocate of Nigeria (SAN), Mr George M. Oguntade, believes Buhari has started very well, given the rotten state of things which he met on ground when he assumed office.

    According to him, some degree of stability and cohesion has been achieved. Oguntade believes Buhari would build on it in furtherance of his “change mantra”

    “On the issue of bail, I think the President ought to have declined comments on these issues, given the fact that it is a legal issue. I would have expected him to say that the Attorney-General of the Federation is in a better position to respond to the allegations. By expressing his opinion as he did, the President unwittingly appeared to have given the impression that he was privy to or in some way complicit in the accused persons not being granted “temporary freedom” even if this is not the case.

    “The law on Bail is quite clear as to the categories of offences that are bailable and those that are not. Once the courts, in the exercise of their discretion and upon a consideration of the case law, elect to grant bail to an accused person, then this decision should be respected.

    “If the prosecution believes that the judge’s discretion has been wrongly exercised, they have a constitutional right of appeal against that decision. It must always be remembered that the essence of granting bail on terms is to ensure that the accused is available to stand trial.

    “Our constitution recognises that an accused person remains innocent until he is proved guilty and nothing should be done by anyone, including the government to undermine this fundamental constitutional provision.”

    A former Commonwealth Lawyers Association president Mrs Boma Ozobia does not think the rule of law has been violated.

    “The former NSA was released on bail and indeed reportedly resisted arrest initially when he was under the impression that he was being re-arrested for the same charges.

    “However, it subsequently became clear that he was being arrested for entirely new allegations and his counsel has since not pursued that line of argument but rather appropriately, applied for bail once more.

    “In a nutshell, it appears to be an ongoing investigation and the authorities are bringing matters to the court as their investigations proceed. This is entirely in keeping with the principles and in accordance with the rule of law.”

     

     

  • Getting judges to key into anti-graft war in 2016

    The courts were awash with money laundering cases in 2015. President Muhammadu Buhari has urged the  judiciary to do more in 2016 to help recover looted funds and punish impunity. What can the judiciary do to give lawbreakers their just deserts? ROBERT EGBE writes.

    In his New Year address last Friday, President Muhammadu Buhari presented his wish list to the judiciary. While promising to intensify the anti-graft war, he said: “I urge the courts to support our efforts and help in the recovery of stolen funds by speedily concluding trials and showing that impunity no longer has a place in our country.”

    All eyes will be on the judiciary to see how some high profile cases which began last year will be resolved.

     

    The arms scandal

    Fed Govt vs Dasuki and Co

    Heads have continued to roll in the $2.1billion arms scandal involving former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki and all eyes are now on the judiciary to ensure quick dispensation of justice.

    He is facing three cases before the Federal High Court, Abuja and the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    Dasuki is being tried alone on a five-count charge of money laundering involving about N84.6million and illegal possession of firearms before the Federal High Court, Abuja. Trial in the case is expected to open in early January.

    The former NSA is also involved in the case of alleged diversion of over N20 billion involving former Minister of State for Finance, Bashir Yuguda and former Sokoto State governor, Attahiru Dalhatu Bafarawa, among others.

    In the third case, Dasuki is being tried with an ex-Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, former Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa, and others in a 19 count-charge bordering on criminal diversion of funds. Justice Hussein Baba-Yusuf has since granted them bail and fixed January 21 for commencement of trial.

     

    Fed Govt vs Dokpesi

    Businessman, Raymond Dokpesi, was arraigned on December 9 at the Federal High Court, Abuja on a six-count charge filed against him by the Economic and Financial Crimes Commission (EFCC). Dokpsei and his company – Daar Investment and Holding Company Limited – were accused of accepting N2,120,000,000 from Dasuki, for the last presidential campaign of the Peoples Democratic Party (PDP) without going through due process. Dokpesi, who pleaded not guilty to the charge, has since been granted bail. Trial is expected to open in the case on February 17.

     

    The economic cases

    The fines imposed by regulators against businesses and the resultant suits have thrust an unusual role on the courts this year: an economic one.

    Although the cases are not criminal, their resolution by the courts will go a long way in discouraging the culture of impunity in business by both government and private companies.

    Such cases include those initiated by MTN Communications Nigeria Limited against the Nigerian Communications Commission (NCC) and Guinness Nigeria Plc against the National Agency for Food and Drug Administration and Control (NAFDAC). The Financial Reporting Council (FRC) vs Stanbic IBTC Holdings Plc saga is another case in point.

    If these decisions go against the companies, the fines would substantially boost the government’s revenue by N1.06 trillion as well as launder its anti-impunity credentials.

     

    MTN vs NCC

    On October 26, the Nigerian Communications Commission (NCC) fined MTN Communications Nigeria Limited N1.04trillion ($5.24billion) for its alleged failure to register about 5.2 million subscribers within a given deadline.

    In two separate suits filed before the Federal High court, Abuja by an Abuja-based lawyer, Abubakar Sani, and another by MTN in Lagos, a declaration is being sought to declare the fine unlawful.

     

    Guinness vs NAFDAC

    A N1billion fine imposed by NAFDAC on Guinness “as administrative charges for various clandestine violations of NAFDAC rules, regulations and enactments over a long period of time,” led to a court case on December 23.

    The company asked the court to restrain NAFDAC and the Attorney-General of the Federation (AGF) from enforcing the sanction pending the determination of the suit which has been adjourned till February 8. The parties have, however, begun settlement talks.

     

    Stanbic IBTC vs FRC

    The N1billion fine and other sanctions imposed on Stanbic IBTC by the FRC over the financial institution’s audited accounts for 2013 and 2014 has been challenged at the Court of Appeal after the bank lost at the Federal High Court.

     

    What the judiciary can do

    However, experts have suggested that to help the government meet its goal of reducing corruption and curbing impunity, judges must not only merely preside over cases, they must also find ways to up their game.

    One useful tool judges can rely on is the Administration of Criminal Justice Act (ACJA) 2015

    During a workshop organised last month by the Centre for Socio-Legal Studies (CSLS) and the Presidential Advisory Committee on Corruption (PAAC), speakers, including Vice-President Yemi Osinbajo (SAN), represented by PACC chairman Prof Itse Sagay (SAN); and Attorney-General of the Federation Abubakar Malami (SAN) identified the benefits of the ACJA.

    A communiqué issued at end of the workshop focused on sections 306 and 396 of the ACJA and suggested that for cases to be adjudicated with the urgency required, the Act must be given purposive interpretation and application by the courts.

    “The courts are enjoined to give literal interpretation and full effect to sections 306 and 396 of the Act so to avoid unnecessary and frivolous interlocutory applications which are meant to delay trials, especially of corruption cases.

    “The courts should adopt the wasted costs mechanism to deter counsel from seeking frivolous adjournments.”

    Appellate courts should also not entertain interlocutory appeals emanating from corruption cases in defiance of provisions of the ACJA.

    It was suggested that the ACJA should be further amended to provide for sanctions for non-compliance with its provisions.

    Participants also urged the judiciary to develop a strong national judicial policy which should prohibit the abuse of interlocutory applications and injunctions.

    “The Federal Government should endeavour to pay the salaries of judges regularly and make provisions for their security and retirement benefits.

    “States of the Federation which have not already done so should domesticate the ACJ Act using the Federal Act as a template.

    However, the government also has a role to play.

    The communiqué, signed by CSLS President Prof Yemi Akinseye-George (SAN), added: “The Federal Government should make adequate budgetary allocations to enhance the implementation of the innovative provisions of the ACJA, including payment of witness expenses, training and motivation of prosecutors, investigators and judges in the light of the huge workload occasioned by the Act.”

     

  • Lawyer to court: dismiss MTN’s suit against NCC

    A Lagos lawyer, Mr Tope Alabi, has urged the Federal High Court in Lagos to dismiss MTN Nigeria’s suit against the Nigerian Communications Commission (NCC).

    He said the N1.04trillion fine imposed on MTN is in order, adding that the telecoms firm has no reasonable case against NCC.

    According to Alabi, granting MTN’s reliefs will result in “people breaking one law and hiding under another law to escape liability.”

    MTN is urging court to quash the $3.9billion sanction imposed on it by NCC in October for failing to disconnect unregistered subscribers. The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion earlier this month. Yesterday was the payment deadline.

    But MTN through its lawyers led by a former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) is challenging NCC’s powers to impose the fine. It argued that NCC being a regulator cannot assume all the functions of the state.

    However, Alabi, in an application seeking to be joined as an interested party, said MTN’s suit is abuse of court process that must not be tolerated.

    The lawyer said for over three years, NCC had directed all service providers to register their SIM cards already sold and in circulation. He said he duly registered his line sometime in 2012 and MTN called him in 2013 to obtain further information towards completing the registration.

    “The first defendant (NCC) gave time limit for all subscribers to register their SIM cards. The time limit was also extended repeatedly. The plaintiff was in default to register 5,200,000 subscribers

    “The plaintiff could register all the 5,200,000 subscribers SIMs in default within the time limit and extended time given by the first defendant. I believe other service providers such as Airtel, GLO, Etisalat, Starcomm strictly complied with the first defendant’s directives without defaulting; except the plaintiff.

    “The plaintiff never denied it defaulted in registration of the 5,200,000 subscribers. The fine imposed on the plaintiff by the first defendant is in order. The suit of the plaintiff with reliefs sought therein will encourage culture of impunity in Nigeria.

    “The law under which the plaintiff is subjected to liability is justice-able and valid. It is in the interest of justice to grant this application for the applicant to defend this suit within the purview of the law,” Alabi said.

    Alibi prayed the court to grant his application so that he could prove that MTN has no reasonable cause of action against NCC, and that granting MTN’s prayers will encourage a culture of impunity in Nigeria “whereby people would do all kinds of illegal and unlawful acts and get away with it so long as they can secure legal service to escape liability.”

    He said: “My Lord, the plaintiff in this suit has not denied it defaulted in registration of 5, 200,000 subscribers. It only came before the court for sympathy that the fine of N200,000 per SIM is too excessive.

    “I know of fact that such a complaint does not warrant the court to quash the fine or the entire fine and set the plaintiff free to go home without fine. This, if the court allows, will massively lead to conduct of impunity of ‘I can do anything and nothing will happen’; so long as the court is there to set an offender free.

    “My Lord, we believe that Nigeria is not a dumping ground and at the same time, it is not a country of anything goes, neither is it a lawless country. The law under which the fine was imposed on the plaintiff is valid and subsisting and in accordance with the Constitution.

    “The plaintiff is seeking equity with dirty hands. The equitable jurisdiction of the court cannot be invoked mala fide by the plaintiff. We urge the court to so hold,” Alabi added.

  • Cases that shaped 2015

    Cases that shaped 2015

    The courts have been busy this year. Many cases were concluded. Some will continue next year. ADEBISI ONANUGA, ERIC IKHILAE, JOSEPH JIBUEZE and ROBERT EGBE highlight some of the legal battles that made headlines in 2015.

    Courts in Abuja will have their hands full in 2016 because of the number of high profile cases scheduled for hearing. They are mostly criminal and political matters.

    The criminal cases include those involving politicians linked with the alleged diversion of arms purchase funds.

    Dasuki and Co

    Former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki is involved in three cases before the Federal High Court, Abuja and the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    Dasuki is being tried alone on a five-count charge of money laundering involving about N84.6million and illegal possession of firearms before Justice Adeniyi Ademola of the Federal High Court, Abuja. Trial in the case is expected to open in early January.

    The former NSA is also involved in the case  of alleged diversion of over N20 billion involving former Minister of State for Finance, Bashir Yuguda and former Sokoto State governor, Attahiru Dalhatu Bafarawa, among others.

    In the third case, Dasuki  is being tried with an ex-Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, former Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa, and others in a 19 count-charge bordering on criminal diversion of funds. Justice Hussein Baba-Yusuf has since granted them bail and fixed January 21 for commencement of trial.

    Dokpesi

    Businessman, Raymond Dokpesi, was arraigned on December 9 before Justice Gabriel Kolawole of the Federal High Court, Abuja on a six-count charge filed against him by the Economic and Financial Crimes Commission (EFCC). Dokpsei and his company – Daar Investment and Holding Company Limited – were accused of accepting N2,120,000,000 from former Dasuki, for the last presidential campaign of the Peoples Democratic Party (PDP) without going through due process as required under the Public Procurement Act (PPA). Dokpesi, who pleaded not guilty to the charge, has since been granted bail. Trial is expected to open in the case on February 17.

     Ex-PDP Chair, Bello and son

    The EFCC last week filed charges against a former People Democratic Party (PDP) National Chairman, Haliru Mohammed Bello, and his son, Abbah, for allegedly collecting N600 million from Dasuki. EFCC alleged the money might have been diverted from the public treasury for political purposes. Abbah Mohammed  is alleged to have received N600million from the Office of the NSA (ONSA) in the name of Bam Properties but the reason for the transfer of the money to the company was not disclosed.

     Political disputes

    Activities will shift to the Supreme Court as parties still involved in political litigation over the last governorship elections in some states will be looking up to the apex court for the final resolution of their  disputes.  States whose cases would be resolved by the court include Taraba, Yobe, Akwa Ibom, Rivers and Delta.

    On December 18, the Court of Appeal, Abuja voided the election of Udom Gabriel Emmanuel as the governor of Akwa Ibom State. The appellate court, in a unanimous decision, held that from the evidence presented by parties at the election tribunal, it was proved that Emmanuel did not win the majority of valid votes cast at the election held on April 11 this year.

    Also on December 18, another panel of Court, Of Appeal, headed by Justice Ayo. Olukola Bada upheld the election of Governor Ibrahim Gaidam of Yobe State. The court upheld the judgment by the state governorship election tribunal and dismissed the appeal by the candidate of the PDP in the election, Adamu Waziri. Waziri is expected to have also gone to the Supreme Court.

    Governor Nyesom Wike of Rivers State has also headed for the apex court after the Court of Appeal in Abuja upheld the judgment of the state governorship election tribunal, which nullified his election.

    The Court of Appeal in Abuja on December 24, dismissed the two appeals filed by Great Ogboru of the Labour Party (LP) and Emerhor O’tega of the All progressives Congress (APC) against the election of Ifeanyi Okowa of the PDP as Delta State Governor.

    The appellate court held that both appeallants were unable to prove their allegations of over-voting and irregularities with concrete evidence.

    It is not clear if any of them has gone before the apex court, it is expected that one, if not both appellants, will head for the Supreme Court.

    On December 21, the Court of Appeal in Abuja reserved judgment in the appeal by Taraba State Governor, Darius Ishaku against his sack by the state’s governorship election tribunal.

    A five-man panel of the appellate court headed by Justice Abdul Aboki told parties, after they adopted their briefs of argument, that a date for judgment will be communicated to them.

     Saraki

    The Supreme Court is expected to give its verdict on the appeal by Senate President, Bukola saraki on February 5. Saraki is, by his appeal, challenging his trial before the Code of Conduct Tribunal (CCT) for violating the provisions of the Code of Conduct Bureau and Tribunal Act (CCBA) for alleged false asset declaration.

    Suit seeking Saraki sack

    Justice Adeniyi Ademola of the Federal High Court is expected to deliver judgment in January in the case brought by five Senators  seeking the annulment of Bukola Saraki and Ike Ekweremadu’s election as  Senate Preseident and Deputy Senate Preseident. The judge, after listening to lawyers to parties adopt their final written addresses on December 14, announced that they would be contacted when the judgment is ready.

     PDP leadership dispute

     The Court of Appeal will, next year consider PDP’s appeal against the judgment by the High Court of the FCT which voided the appointment of Uche Secondus as the party’s Acting Chairman.

    Kanu

    Barring any hitches, the trial of the leader of a group, the Indigenous people of Biafra (IPOB), Nnamdi Kanu is expected to commence early next year. The Federal Government, through the Ministry of Justice filed a six-count charge against him and two others, charging them with treasonable felony.

    Suit against NCC

    Hearing is expected to open next year in the suits seeking to declared unlawful the about N1.04trillion fine imposed by the Nigeria Communications Commission (NCC) on a mobile telecommunication firm, MTN Communications Nigeria Limited, over  its alleged failure to register about 5.2 million subscribers within a given deadline.

    The suit marked: FHC/ABJ/CS/018/2015 was filed before the Federal High court, Abuja by an Abuja-based lawyer, Abubakar Sani. It has as defendants NCC, MTN, Emerging Markets Telecommunications Services Limited (Etisalat Nigeria Limited), Globacom Limited and Airtel Networks Limited.

    MTN also filed a similar suit in Lagos which is expected to be assigned to a judge in the new year.

    Suit on card readers

    However, some cases that made headlines this year have been concluded. Among there were the suits seeking to stop use of card readers ahead of the general elections. For instance, a PDP chief, Waliu Taiwo, in suit numbered FHC/C/CS/296/15, sought but failed to obtain an order restraining INEC from using the card readers during the polls.

    Lawyer’s suit against Mbu

    An activist-lawyer, Tope Alabi, urged the Federal High Court in Lagos to order the removal of Assistant Inspector-General of Police, formerly in charge of Zone 2, Mbu Joseph Mbu, for allegedly ordering his men to kill 20 civilians for every policeman killed during the general elections. The plaintiff prayed the court to direct the Federal Government to declare Mbu’s office vacant and replace him without further delay. Alabi said Mbu, as a senior police officer, swore to uphold to the rule of law and abide by the Constitution, but has allegedly been behaving as if he is above the law. The lawyer, however, lost the case.

    Tinubu vs soldiers

    The Federal High Court in Lagos barred soldiers from the home of the All Progressives Congress (APC) National Leader, Asiwaju Bola Tinubu. He sued the army over the deployment of soldiers to his 26, Bourdillon Street, Ikoyi, Lagos home between February 9 and 11. The former Lagos State governor prayed the court to enforce his fundamental rights. Justice John Tsoho, on March 26, granted an interim injunction restraining the army from laying siege to Tinubu’s home. The judge also stopped Tinubu’s arrest or detention during the period of the general elections.

    Babalakin vs Fed Govt

    The Federal High Court in Lagos held that the office of the Attorney-General of the Federation (AGF) cannot arraign Chairman of Bi-Courtney Limited Dr Wale Babalakin over alleged N4.7billion fraud.  Justice Ibrahim Buba held that since Justice Lateef Lawal-Akapo of the Lagos State High Court had earlier discharged Babalakin, the EFCC cannot validly file fresh charges on the same issues. Justice Lawal-Akapo had discharged Babalakin, his two companies, Bi-Courtney Limited and Stabilini Visinoni Limited; along with one Alex Okoh, and his company, Renix Nigeria on the basis that the 27-count charge against them was “incurably bad”.

    Court summons Emefiele, CBN directors

    Justice Mohammed Yunusa of the Federal High Court in Lagos summoned Central Bank of Nigeria (CBN) Governor Godwin Emefiele and others to appear before him over an allegation that he disobeyed a court order.

    The court had granted an application by Ecobank Nigeria Limited to commence contempt proceedings against them. The bank accused the CBN under Emefiele’s watch of frustrating its effort to recover a huge debt allegedly owed it by an oil marketing firm, First Deepwater Discovery Limited.

    The Nation vs National  Assembly

    In a suit to preserve press freedom, The Nation challenged the National Assembly’s powers to summon its editor and reporter over a story. Vintage Press Limited (publisher of The Nation), the Editor Gbenga Omotoso and a correspondent Imam Bello are the applicants. Justice Yunusa had granted an order of interim injunction restraining the respondents, whether by themselves, their members, committees or agents from summoning or directing the appearance of the applicants or any of their agents before any Senate Committee.

    The Senate had, in an August 4 letter, invited Omotoso and Bello to appear before it unfailingly over the story: Motion: 22 APC Northern senators ‘working against Buhari’, published on July 30. The Senate wrote again on August 11, threatening to invoke Section 89 (1) (D) of the 1999 Constitution (as amended) to compel the applicants’ appearance. But the court barred the lawmakers from requesting the applicants to produce any papers, notes or other documents in respect of the story. After judgement was fixed, the respondents filed an application seeking to arrest it, claiming they were not properly served.

    Kashamu vs Fed Govt

    The Federal High Court in Lagos  overruled a provisional warrant of arrest secured by the National Drug Law Enforcement Agency (NDLEA) seeking to extradite Senator Buruji Kashamu, to the United States to face alleged drug trafficking charges. The court gave an order halting further proceedings in an application filed by the NDLEA before the Abuja Division of the Federal High Court on Kashamu.

    Suit on electricity tariff

    The Federal High Court in Lagos renewed a restraining order stopping the Nigerian Electricity Regulatory Commission (NERC) from increasing electricity tariff, which is still subsisting.  Justice Mohammed Idris renewed the order after striking out NERC’s preliminary objection and application to nullify the order. Activist-lawyer Toluwani Adebiyi is seeking a perpetual injunction restraining NERC from implementing any upward review of electricity tariff without significant improvement in power supply for at least18 hours a day.

    Nnamani forfeits assets

    The Federal High Court in Lagos ordered the forfeiture of multi-billion naira assets belonging to a former Enugu State Governor Dr Chimaroke Nnamani.  Among the forfeited assets are undeveloped properties and transmission equipment  of Rainbownet Nigeria Limited; properties of Hill Gate Investment Limited/Cuena Phones Limited; assets of Cosmo 105.5FM, 22 duplex buildings at Ebeano Estate (now Fidelity Estate), among others. Nnamani’s co-accused will be tried separately.

    Suit on sanitation

    Justice Mohammed Idris on March 16 held in a suit by activist-lawyer Mr Ebun-Olu Adegboruwa that the policy of keeping citizens indoors in the name of sanitation has no legal backing. Lagos appealed on the basis that Justice Idris “erred in law” on three grounds.

    Synagogue engineers’ case

    The Federal High Court in Lagos held that the two engineers who built the collapsed six-storey guest house of the Synagogue Church Of All Nations (SCAON) must face trial. Justice Buba dismissed their fundamental rights enforcement suits, saying they cannot escape justice. The engineers – Oladele Ogundeji and Akinbela Fatiregun – had sought to prevent their trial over the fatality which last September 12, killing 116 persons. Their trial will resume on January 19, 2016 before Justice Lateef Lawal-Akapo, who ordered that a substituted service of the charge be effected on the contractors.

    Fani-Kayode acquittal

    The Federal High Court in Lagos discharged and acquitted a former Minister of Aviation Chief Femi Fani-Kayode of the money laundering charges filed against him by the EFCC.  Justice Rita Ofili-Ajumogobia held that the prosecution did not prove beyond reasonable doubt that the accused person is quilty as charged. Fani-Kayode, a former Director of Media and Publicity of the Peoples Democratic Party (PDP) Presidential Campaign was accused of making a transaction exceeding N500,000 on September 20, 2006, which was not done through a financial institution, by accepting N2.1 million in cash, which was paid into his personal bank account by his aide, Supo Agbaje, while he served as Minister of Culture and Tourism.

    Senate president’s case

    The Federal High Court in Lagos dismissed an application by Senate President Busola Saraki seeking to stop his trial at the Code of Conduct Tribunal (CCT). Justice Buba held that he lacked jurisdiction to entertain the suit. He said it ought to have been filed in Abuja where the cause of action took place.

    Subsidy protester’s death avenged

    A former Divisional Police Officer (DPO) attached to Pen Cinema Police Station, Agege, Segun Fabunmi was jailed 10 years for the fatal shooting of one Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos Fabunmi was arraigned on May 5, 2013 by the Lagos State government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.

    Justice Akinlade also found Fabunmi, a dismissed Chief Superintendent of Police (CSP), guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh – during the protest, thereby causing them grievous bodily harm.

    She sentenced him to five years on this count, but both sentences are to run concurrently.

    Court registrar jailed

    A Lagos State High Court, sitting in Ikeja  sentencing  a former court registrar  Oluronke  Idowu Rosulu to 20 years imprisonment for allegedly defrauding  former Chief of Army Staff, Gen. Ishaya Bamaiyi (rtd) to the tune of $330,000. EFCC arraigned Rosulu, who started her carrier as a court registrar about 34 years ago  on a two-count charge of conspiracy of obtaining money by false pretence alongside five others including Fred Chijindu Ajudua, Alumile Adedeji a.k.a. Ade Bendel and others said to be at large.

    The EFCC had alleged that Fred Ajudua was able to defraud Bamaiyi by claiming to have close ties with Justice Joseph Oyewole (now of the Court of Appeal, Makurdi) before whom Bamaiyi was standing trial.  Rosulu had filed an application for separate trial when Ajudua and others remained elusive and because she was due for retirement early next year. But the trial judge, Justice Lateef Lawal-Akapo, who handed down the sentence held that the prosecution has proved its case beyond reasonable doubt and that the evidence of the prosecution is overwhelming against the defendant. He found the defendant guilty of the two count charge of obtaining money by false pretenses and conspiracy to defraud levelled against her by the EFCC. Rosulu would however spend 10 years in jail.

    Oil marketers’ case

    The trial of an oil marketer, Adaoha Ugo-Ndagi, who is asking a Lagos High Court, Ikeja to discharge and acquit her and two others of the charges of alleged N1.9 billion subsidy fraud brought against them by the EFCC will continue on February 8, next year,

    Lai Mohammed vs Metuh

    The N500 million suit filed by the former spokesman of the All Progressives Congress (APC), Lai Mohammed, asking  a Lagos State High Court sitting in Ikeja, to stop the national spokesperson of People Democratic Party (PDP), Olisa Metuh, from further publishing ‘libelous’ statement against him will continue in the new year.

    Mohammed had alleged that the PDP spokesperson defamed him in a press release issued on September 20, 2015 in which he claimed that that Metuh accused him of embezzling the funds meant for fencing an airport in one of the APC-controlled states in the Southwest.

  • Lagos CJ to investors: we’ll help recover your debts

    Lagos CJ to investors: we’ll help recover your debts

    The Chief Judge of Lagos State, Justice Olufunmilayo Atilade, has assured local and foreign investors in the state that the court will assist them in recovering their debts.

    She stated this while inaugurating the newly-built Fast-Track Court Registry at the Igbosere Division of the state High Court.

    Justice Atilade said the Lagos judiciary created the Court in 2006 to handle commercial disputes such that they would be resolved and disposed of within nine months.

    Atilade pleaded with lawyers not to frustrate the objectives of the court with “incessant preliminary objections and applications for adjournments”.

    This, according to her, was because the initiative was to allay the fears of investors on the ease of doing business in the country by ensuring that business disputes were resolved expeditiously without compromising the rules and standard or miscarriage of justice.

    According to her, the court will handle matters related to disputes in business, revenue, mortgage and other kinds of commercial disputes.

    ”This is with the view to boosting foreign investment in the economy, encourage commercial transactions, including lending and borrowing, giving them (investors) hope and assurance that the Lagos State judiciary will, where found meritorious, help hasten the recovery of debts owed in Nigeria.

    ”This will not only build and attract more investors into the economy, but also strengthen public confidence in the administration of justice to reinforce the true essence of the provisions of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” she added.

    The Head, Fast-Track Court, Justice A. J. Coker, praised the Chief Judge for ensuring the completion of a registry for the Fast-Track Court, which she said had been long overdue.

    Coker noted that over 4,000 cases were filed and assigned in the last one and a half years among the 10 judges posted to the division, stressing that the creation of a separate registry would boost the efficiency of the court.

    The Executive Director, Human Development Initiatives, Prof. Bolaji Owasanoye, who represented the Justice-4-All team, pledged the support of organisation to the advancement  justice administration in the state.

    Among other things, Owasanoye promised that J4A would assist in the training of the staff of the new registry, as well as bring back the expatriates who trained the judges to assess the level of efficiency of the court.

  • Wanted: Minimum wage for young lawyers

    Wanted: Minimum wage for young lawyers

    Emokiniovo Akpedeye is the daughter of Dafe Akpedeye (SAN). She tells ADEBISI ONANUGA  all about her dreams and why she studied law after a degree in Economics.

    Unlike some youths, Emokiniovo Akpedeye followed in her father’s footstep by studying law. The father, Dafe Akpedeye (SAN), is Chairman, Nigerian Bar Association (NBA) Election Working Group.

    “As a young child, I followed my dad to court and the Police Station near my house on various occasions. In fact, one time when I was about five years old, a police officer stopped my mum and I for carrying a drum of diesel in our pickup and he threatened to take us to the police station and I said, ‘don’t worry Mum, I know the DPO at that station’.

    “The man was shocked and let us go. I guess I have always known that I wanted to be an advocate for people and on becoming an adult, I realised that a country cannot progress without an effective legal system and lawyers as custodians of the rule of law.  So, studying law was, therefore, an easy choice.’’

    Asked if she ever considered any other profession,  she disclosed that her first degree was not in law but in Economics and Management.

    “I thoroughly enjoyed the course so much that I made a First Class. In fact, during my last year of the degree, I applied for both Law and a Masters in Development Economics. However, one of my modules during that degree was Business Law, which I found really fascinating and it spurred my interest to study Law. Also, getting an offer to study Law at the University of Oxford made the option to pursue law a more attractive prospect.”

    On the performance of young lawyers at the 2015 bar examination, Emokiniovo said the percentage of failure has fallen from the 2014 Bar Finals results. As a way out of poor performance, she suggested that the solution should be “a joint effort from both students and the teaching staff. Smaller tutorial class sizes would ensure that students understand the concepts explained in lectures and give students an avenue to ask more questions. Also, students need to realise early-on that the Bar Final exams are different from University ones and re-adjust their reading strategy accordingly.”

    Contrary to suggestion from some quarters, she said it would be unfair to ask new wigs without income to pay chambers for pupilage.

    According to her, “new wigs serve as a breath of fresh air to law firms with their ideas on what the law should be and their savvy technical skills. Their contribution to the work force should not be understated.”

    While agreeing that they need to learn the ropes from their seniors, she equally said that they should be adequately paid for their services.

    “Even in the United Kingdom where we inherited some of our current practices, new wigs are paid during their pupilage and not the other way around.”

    The young Akpedeye said young lawyers should be paid better. “Some firms pay as little as N20,000 a month to the young lawyers. In what state of the country can this suffice as a living wage?”she asked.

    “The NBA has often talked about a minimum wage for lawyers. I believe this is something that should be taken very seriously as it doesn’t make sense for a person to spend six years or more training to become a lawyer only to be paid the same wage as a cleaner.”

    Miss Akpedeye does not like living in her father’s shadows. “I do not really see my aspirations as being linked to my father. Yes, I come from a line of lawyers being the third generation of lawyers in my family but I am my own person.”

    Asked where she sees herself in 10 years, she said: “I have aspirations to become a Senior Advocate of Nigeria, not because my father is an SAN but because, for me, that is the zenith of a legal career in Nigeria. I am an ambitious person and career satisfaction is very important to me. I will enjoy legal practice. The Bench would be restrictive.”

    She sees the low number of women involved in advocacy as a personal issue. “I do not believe there is any accurate statistics on the number of men versus women in advocacy. I mean, even during my court attachment for the law school externship, there were many young female lawyers appearing in court and so I think the assertion of more men than women in advocacy is wrong.

    “In terms of female empowerment, the legal industry is leading the way with many females becoming lawyers. In another 15-20 years, the tide will possibly change to elevating more females than males to the inner bar. By then, this unfounded assertion will be put to rest but for now, I can only say that it is untrue.”

    Her graduation  from the Law School marks the beginning of a new chapter in her professional pursuit. “I have become a lawyer and I am embarking on a new journey career-wise. Prior to this, my love for numbers and business led me to Economics and Management. As my mother is a Civil Engineer, everyone must love Mathematics in our household. A1 in WAEC Maths is a given or else don’t bother telling us your results.

    “Also, my father has owned and managed his law firm and exposed me to the business world early on in life. Because of this family background, I found Economics to be intuitive and easy to understand.”

    On her hobbies, she said: “In my personal life, I am the eldest of three children and the family holiday organiser. It is actually more difficult than it sounds since everyone in my family has such different ideas on what classifies as a good holiday experience.

    “I am also a bit of a ‘gym freak’. I love my gym. Exercising allows me to relax when I am under pressure and gives me the clarity of mind to do great work. The best essays I wrote in University were generally after an intensive workout. I was at the gym everyday the week before the Bar Finals exam and it kept me calm and focused during the revision and exam period.’’

     

  • Court quashes bank’s suit against oil firm, CEO

    A Federal High Court in Lagos has struck out a suit filed by Access Bank Plc against an oil marketer, Mr. Andy Isichei and his company, Cybernetics International Services Limited, over a piece of land on Ojora Street in Ikoyi.

    The bank had in June 2010 sued over a property at 7, Ojora Street, Ikoyi, Lagos. Lagos State Governor, Attorney-General, Nigerian Navy, Chief of Naval Staff, Rear Admiral Sa’ad Ola Ibrahim, Cybernetics International Services and Isichei were the first to sixth respondents.

    Justice Rita Ofili-Ajumogibia held that Isichei and his company should not have been joined in the suit.

    Access Bank, in its statement of claim, stated that it advanced facilities to Cybernetics which it said was guaranteed by Isichei and that the the  property was used as collateral for the said facility.

    It averred that after efforts made to recover the facility failed, it entered into a term of settlement with the fifth and sixth defendants, accepting the property at No. 7 Ojora Street, Ikoyi, Lagos as full settlement of the indebtedness.

    The plaintiff averred that the sixth defendant (Isichei) handed over his Certificate of Occupancy on the property at No 7 Ojora Street, Ikoyi, Lagos registered as No. 60 at Page 60 in Volume 111 at the Federal Lands Registry, Ikoyi, Lagos State.

    The bank said it was surprised when on June 4, 2010, one Victor, a naval officer representing the Nigerian Navy visited the property and informed the private security guards positioned at the site of the building that the property has been re-allocated to Lagos State and that they should vacate it.

    The plaintiff averred that on Monday, June 8, 2010, the said Victor, visited the property in company of stern- looking policemen, took various photographs and threatened to assault the guards on duty.

    The  bank, in its averment, claimed that it was not aware of the steps taken by the first to the fourth defendants on its lawful property.

    However, Justice Ofili-Ajumogobia in her ruling, struck out the bank’s suit against the fifth and sixth defendants, Isichei and Cybernetics International Services Limited.

    The judge held that the two defendants, through their counsel, Mackings Nezianya,  have proved beyond reasonable they had nothing to do with the property again having used it to pay back the facilities  owed the bank.

     

     

  • Akwa Ibom Appeal Court verdict: Victory to the people

    The trending issue in the social media, by the motley sympathisers of the Peoples Democratic Party(PDP) in Akwa Ibom State, since the sack of Mr Udom Emmanuel as the governor by the Court of Appeal in Abuja, has been the understandable hysteria that if the rerun election is conducted again today, the former Executive Director of Zenith Bank would win.

    Laughable? I think so. In fact, a friend quipped: If Mr Emmanuel was going to win a rerun, why is he going to the Supreme Court? He equally provided the answer to his poser: The governor wants to take two or three more months’ salary before trying his luck in the coming rerun.

    My friend and, indeed, other Akwa Ibom indigenes, both in the state and elsewhere, know that this is the truth. Udom Emmanuel and his cohorts in the PDP in Akwa Ibom State know that he stands no chance in any election.

    His chances are further dampened by the fact he is generally seen as a godson of former governor, now Senator Godswill Akpabio. Before the emergence of the Senator as governor in 2007, Akwa Ibom never experienced cases of kidnapping, murders, assassinations and other vices, even at the height of militancy in the Niger Delta between 2003 and 2006.

    To even make matters worse,  Emmanuel inherited 80 per cent of his cabinet from the regime Akwa Ibom people thought was a bad dream they would soon wake up from. His modus operandi is not different. Up till this moment, six months on, even in his interim capacity as governor, Emmanuel has not thought it necessary to tell the Akwa Ibom people how much he inherited, both in cash and liabilities, from the former governor.

    He has continued to spend money on frivolities and keep promising industrialisation by simply clearing grounds and erecting flags. A clear case is the armoured car factory he promised the people very early in his interim administration. The flags are now torn and the weeds are up again at Ikot Ukap Itam in Itu Local Government Area.

    But, most important, the wastefulness which characterised the administration of Senator Akpabio has even grown more legs. Frivolous celebrations and giving of money to political jobbers are on the increase. Stories abound on how security vote to the tune of N2 billion monthly is being distributed to political chieftains.

    The main issues which the Appeal Court espoused at the ruling give the real verve as to why Akwa Ibom people cannot allow their destiny into the hands of the PDP and Mr Emmanuel. According to the Court of Appeal verdict, the governorship elections, and indeed other elections in Akwa Ibom state were a sham. There was (simply) no elections as collaborated by reports of both local and international observers, and even law enforcement agencies, minus State Independent National Electoral  Commission, INEC (for obvious reasons)

    The elections, especially the governorship elections broke every rules and guidelines of INEC on how elections could go. Apart from snatching of ballot boxes, maiming and intimidating voters, no collation was done at the unit, ward, local government and the state headquarters of INEC. In fact, the result of Akwa Ibom governorship election was allegedly tabulated at the government house in Uyo. Every indices that define credible elections were absence in the Akwa Ibom election.

    Even the contrivance of using senatorial district to hoodwink the people has refused to stick. The chameleonic Akpabio administraton just wanted to use every conceivable mean to foist Emmanuel on the people by using senatorial consideration instead of ethnic formular. The truth is that if Akpabio wanted to employ equity in the choosing a governor, the Oron people would have been the clear choice.

    The state stands on a tripod of Ibibio, Annang and Oron. Ibibio and Annangs have had their turns and it was only logical that he should have gone to the Oros in the Akwa Ibom South senatorial district to pick a candidate.

    The fact is Emmanuel is Ibibio just like Umana O. Umana. This subterfuge has also refused to stick with the people, who desire a person who knows how to banish the excruciating poverty in the mist of bounteous oil revenue in the last eight years, instead of the one who would rather build unfinished cinema house.

    So, it’s laughable to say that Udom Emmanuel would win if the governorship rerun elections are conducted today. A glimpse of what would happen was seen across Akwa Ibom state minutes after the Court of Appeal verdict penultimate friday. Thousands of Akwa Ibomites spontaneously poured on the streets of all the towns and villages in jubilation.

    Juxtapose this to when Udom was announced as the governor by the Resident Electoral Commissioner, Austin Okojie. The people responded by throwing pebbles, setting bonfires and closing major roads.

    These two scenarios can be concluded with the popular Ibibio proverb which says that signs of a good day are usually seen in the mornings.

    The only luck that the motley Udom Emmanuel choristers do not have is that there is a regime change, and one that is not ready to brook the shenanigans that usually characterised previous elections.

    The truth is, every Akwa Ibom man must be part of the election process, and let’s see between Emmanuel of PDP and Umana Okon Umana of the All Progressives Congress (APC), the person the people would want to have as governor. The Akwa Ibom people know the answer already.

     

    • Ankak, a journalist and public affairs commentator, lives in Lagos.