The Nation Newspaper

Category: Law

  • Court absolves businessman of retaining proceed of crime

    Court absolves businessman of retaining proceed of crime

    Justice Mojisola Dada of an Ikeja Special Offences Court, Ikeja has dismissed the criminal charge filed against businessman, Abayomi Kamaldeen Alaka by the Economic and Financial Crimes Commission (EFCC).

    The judge while discharging Alaka of the alleged offence of retention of proceed of crime held that the prosecution failed to establish a prima facie case against the defendant.

    The EFCC had accused the  defendant of retention of proceed of crime in  a suit marked no ID/23789C/24.

    He was subsequently arraigned on three counts charge dated March 20,2024.

    The anti graft agency alleged that the defendant was aware of an existing order of forfeiture in respect of  a newly renovated storey building and that the defendant knew that the property was subject matter of forfeiture vide a court order in suit No: FHC/ABJ/CS/465/2021 at all-time material.

    Alaka had pleaded not guilty to all the counts charges brought against him by the prosecution.

    Consequently, the prosecuting counsel, Mr N. K Ukoha  commenced trial, called three witnesses.

    After the prosecution closed its case on December 10, 2024, the defendant lead counsel, Mr Olalekan Ojo (SAN) told court of his intention to file a “No Case Submission”.

     Ukoha did not oppose the said application and the court adjourned the case as counsel agreed for January 20, 2025.

    However, in the defendant’s no case submission,  counsel argued that the principles governing a submission of no case and the duty of the trial court where there is no prima facie case has been made against the defendant at the close of the prosecution have been codified in section 239 of the Administration of the Criminal Justice Law of Lagos State 2015 (ACJL 2015).

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    He submitted that, “it is trite that criminal responsibility for the commission of a crime is premised in the satisfactory proof of the two pillars of actus reus and mens rea, the doing of the act that constitutes the offence and requisite mental capacity and the duty is always on the prosecution to prove the commission of a crime by providing the act done and the requisite guilty of the mind of accused.

    Ojo submitted that the prosecution must establish that the defendant sold or disposed of the newly renovated storey building situated at No. 22 PSSDS Road, Magodo Phase 2, Magodo, Lagos when there is an existing order of forfeiture.

    ‘‘ The prosecution didn’t tender any affidavit of service of interim forfeiture order to the defendant at all times or tender any document that defendant received service of forfeiture order and that the prosecution did not tender any evidence of publication of the said interim order of forfeiture in any national newspaper  before the court in suit no FHC/ABJ/CS /465/2021.”

    However, in the ruling, Justice Dada held the testimony of prosecution witness two (PW2) under cross examination wherein he stated that he conducted a necessary due diligence before advising his client to go ahead with the transaction.

     “It was only suspicious transactions he was trained to report and that he did not report this transaction because he had no suspicion concerning it. He inspected the property before its purchase and that he did not see any EFCC inscription on same.

    “He further stated that at all times preceding the sale of property, nobody showed him any order of court and nobody told him that there any order of court. He confirmed that the further enquiry from the EFCC that there was an exis court order on the said property took place after the sale had been completed.

    “He stated that it was after the sale that he saw the EFCC inscription on the wall of the property. He stated that they were given possession in August, 2021 but that he saw inscription in September, 2021.”

    The court held that, “On that date however, the prosecution was not only absent, but had not filed any response to the submission served on them since December 31, 2024 and even until now, February 26,2025.”

    Justice Dada held that the act is, “a tacit admission that the prosecution has not established a prima facie case against the defendant and what is admitted needs no further proof.

    “Essentially, the Prosecution admits that it could not prove the service of the order of court for the forfeiture of the property in contention on the defendant which is the fulcrum of the allegation of the 3 counts against the defendant in this case.

    “The law is firmly settled that a fact or matter which is admitted ceases to be a fact in issue. There was no evidence to prove an essential element of the alleged offence.and the evidence adduced has been so discred

  • How to unlock sustainable development, by SAN

    How to unlock sustainable development, by SAN

    International energy law expert and global vice chair of the International Law Association, Prof. Damilola Olawuyi (SAN) has called for more strategic focus on international energy law and diplomacy to advance all aspects of the United Nations Sustainable Development Goals (SDGs).

    Olawuyi who is also a UNESCO Chair on Environmental Law and Sustainable Development HBKU, made the remarks while delivering a compelling public seminar organised by the Centre for International Law (CIL) at the National University of Singapore.

    Olawuyi was in Singapore as a distinguished Visiting Global Scholar at CIL, a foremost hub for international law research and discourse.

     With the theme: “International Energy Law: Recent Developments and Future Research Agenda,” the event brought together close to one thousand participants, both in person and online, including practitioners, academics, students, business executives, and other stakeholders in international law who converged under the aegis of CIL’s Energy Law and Policy programme.

    The event featured opening remarks from Dr. Nilufer Oral, Director of CIL, while the session was moderated by the Head of Energy Law and Policy at CIL, Denise Cheong. He described the journey so far in the development of international energy law as a distinct discipline that governs the development, use, transfer and management of all forms of energy, whether renewable or non-renewable.

    Prof. Olawuyi noted that international energy law has come of age, and will be crucial for balancing the three important goals of energy security, energy transition, and energy sovereignty.

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    According to him, “Several of the energy-related challenges facing our world today, ranging from achieving energy security, promoting sustainable energy, and accelerating a just and inclusive energy transition that leaves no one behind, cannot be addressed in isolation.

    “There is, therefore, an urgent need for a more focused research agenda on international energy law aimed at unlocking legal innovation that will accelerate energy trade and cooperation, access to energy transition minerals, grid-to-grid interconnectivity, and joint energy infrastructure financing and development across countries and regions.”

    Olawuyi lamented the increasing tendency for isolation and lack of multilateral energy cooperation.

     He, therefore, called on international energy lawyers and stakeholders to unlock innovative win-win approaches for accelerating energy trade, reducing  conflictive geopolitics, resource nationalism, and other pressing challenges that may stifle international solidarity and cooperation that is urgently needed to accelerate all aspects of the SDGs globally, especially SDG 7 on energy for all.

  • Set right values for young lawyers, Benchers urged

    Set right values for young lawyers, Benchers urged

    • Ozekhome, Adegboruwa, others inducted

    New members of the Body of Benchers (BoB) have been urged to set good examples for young lawyers.

    They were also reminded of their enormous responsibilities.

    The BoB is a statutory body established by the Legal Practitioners Act of 1962 (as amended).

    Section 3 of the Act stipulates that it is the legal body of practitioners of the highest distinction in the profession.

    BoB is responsible for the formal call to the Bar of persons seeking to become legal practitioners as well as disciplining of erring lawyers.

    Another vital function of the BoB is the discipline of erring lawyers.

    This key function is carried out by the Legal Practitioners Disciplinary Committee (LPDC) of the BoB.

    The BoB makes certain regulations towards upholding the core values of the legal profession.

    It plays the significant advisory role of ensuring a harmonious relationship between the Bar and the Bench on any matter referred to the Body as it relates to the overall development of the legal profession.

    This important role is discharged by the Elders Committee of the BoB.

    “To whom much is given, much is expected.

    “You must set the right values for young lawyers in and out of court,” Chairman of BoB, Asiwaju Adegboyega S. Awomolo, said.

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    He spoke while addressing newly inducted Life Benchers and Benchers at a historic induction and orientation ceremony held in Abuja last Thursday.

    Presiding over the event, Awomolo described the ceremony as a landmark occasion, being the first formal induction and orientation of Benchers in the history of the Body.

    He emphasised its crucial role in upholding the highest ethical and professional standards in the Nigerian legal profession, reminding inductees that their elevation came with significant responsibilities.

    According to thenigerialawyer.com, the ceremony saw the induction of 21 new Benchers and the confirmation of eight new Life Benchers, bringing the total number of Life Benchers in Nigeria to 170.

    The ceremony was graced by distinguished legal luminaries, including former Chief Justice of Nigeria (CJN) Justice Alfa Belgore, who delivered a keynote address on the importance of upholding ethics and decorum in the legal profession.

    Justice Belgore emphasised the need for Benchers to serve as role models for younger lawyers and to maintain the highest standards of integrity and professionalism.

    Former President of the Court of Appeal, Umaru Abdullahi, provided a historical overview of the Body of Benchers, tracing its establishment to the Legal Practitioners Amended Decree No. 15 of 1975.

    He highlighted the Body’s evolution and its critical role in regulating the legal profession in Nigeria.

    Former Attorney-General of the Federation, Kanu Agabi (SAN), lamented the growing influence of wealth over righteousness and ethics in society.

    He urged the newly inducted Benchers to prioritise moral values and to use their positions to promote justice and fairness.

    The ceremony featured the presentation of certificates to the new inductees.

    Justice Abdullahi presented certificates to the newly confirmed Life Benchers, while Justice Belgore presented certificates to the newly inducted Benchers.

    Awomolo expressed his delight at presiding over the historic event. He noted that this was the first time such an orientation and induction ceremony had been organised in the Body’s history.

    He recounted the Body’s origins, highlighting that it was established with 16 members, with Chief Ambassador C. D. Orike being the only surviving founding member.

    He explained that the BoB is the highest regulatory authority for the legal profession in Nigeria, tasked with determining who is fit and proper to be admitted as a legal practitioner.

    The chairman emphasised the Body’s role in collaborating with the Nigerian Law School to ensure the quality of legal education and its responsibility in disciplinary matters, including the power to strike off erring legal practitioners from the roll.

    Awomolo outlined the privileges of being a Bencher, including the right to sponsor aspirants to the Bar, attend Call to Bar ceremonies, and participate in Traditional Law Dinners.

    Life Benchers, he noted, enjoy the exclusive right to sit in the inner bar or front row in court and mention motions out of turn.

    He also stressed the importance of seniority, proper conduct, and adherence to the Body’s regulations, warning against exposing internal matters to social media, which he described as misconduct punishable by the Body.

    The Chairman charged the new inductees to live up to the expectations of their exalted positions, reminding them that “to whom much is given, much is expected.”

    He urged them to actively participate in the Body’s activities and to set the right values for young lawyers.

    Those inducted as Life Benchers were Justice Adarna Iyayi-Lamikanra, Justice Ngozi P. Emehelu, Justice Mosunmola Dipeolu, Chief Offiong Offiong (SAN), Olori Olufunmi Oluyede, Prof. Isa Hayatu Chiroma (SAN), Razak Osayande Isenalumhe, Lady Gloria Umoren, Prof. Mike Ozekhome (SAN), Prof. Joy Ngozi Ezeilo (SAN), and Yakubu Dogara.

    Others were Solomon Umoh (SAN), Senator Opeyemi Bamidele, Michael Idele, A. K. Jingi, Justice John T. Tsoho, Justice Ejembi Eko, Justice Sidi Bage, and Justice Fatima Ommi Akinbami.

    The Benchers include: Dr. Muhammed Alimi Abdul-Razaq (SAN), Chief Chris Uche (SAN), Eberechi Adele (SAN), Jude Nnodum (SAN), Dr. Livy Uzoukwu (SAN), Tunde Oyewole, Mohammed Bello Adoke (SAN), Justice Nwaigwe A. Anselm, Senator Ibn Na’Allah, Mahmud Abubakar Magaji (SAN), Y. C. Maikyau (SAN) and Faruk Sani.

    The rest are Prof. Sani Muhammad Adam, Ebun-Olu Adegboruwa (SAN), Chief Victoria O. Awomolo (SAN), Emeka Obegolu (SAN), Marvel E. Akpoyibo, Dr. Solomon Arase, Kehinde Ogunwumiju (SAN) and Onofiok Akpan Luke.

    The induction ceremony concluded with a reaffirmation of the BoB commitment to upholding the highest standards of the legal profession.

    The event not only celebrated the achievements of the new inductees but also reinforced the importance of ethics, decorum, and professionalism in the Nigerian legal system, according to thenigerialawyer.com.

  • Idigbe completes tenure as DACCIMA President, hands over to Okoh

    Idigbe completes tenure as DACCIMA President, hands over to Okoh

    Immediate-past President of the Delta Association of Chambers of Commerce, Industry, Mines and Agriculture (DACCIMA), Dr Anthony Idigbe (SAN), has urged the new leadership to consolidate on his achievements.

    He spoke last Thursday while handing over to Mr Tony Okoh as the 13th president following the completion of his two-year tenure.

    The SAN said under his administration, the association strengthened its management and legal framework.

    He oversaw the registration of DACCIMA as a company limited by guarantee (Ltd/Gte).

    Idigbe added that under his leadership, the association established an Arbitration Centre in Asaba to serve the entire Southern states.

    The centre is managed by the Asaba Chamber of Commerce International Arbitration Commission Ltd/Gte, also incorporated during his tenure.

    Idigbe said: “We desired to have an Arbitration Centre in Delta State to serve the entire Southern states where businessmen and women can resolve their business differences outside of regular court procedures and still have their decisions accepted within the ambit of the law.

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    “We are happy to announce that working through ASACCIMA, this dream was achieved within these two years of our leadership.”

    Idigbe was represented at the investiture ceremony by a former DACCIMA President, Chief Simon Asite.

    Under Idigbe, DACCIMA also worked to build the capacity of members through webinars.

    It initiated the transition to a low-carbon future for Delta and facilitated linkages between the public and private sectors to ensure people benefit from a carbon economy.

    It lived up to its commitment to represent the organised private sector in advocating for sustainable practices and facilitating enterprise development.

    Idigbe urged the new executives to build on past achievements.

    A lecture at the event with the theme: “Driving Excellence Through Collaboration and Innovation: A Pathway for Sustainable Growth,” was delivered by the Chairman of the Delta Investment Development Agency (DIDA), Chief Lucky Oghene-Omoru.

    Okoh, along with other executive members, were earlier elected at the 12th Annual General Meeting (AGM) of the association at a separate event in Asaba.

    In his acceptance speech, Okoh thanked the various Chambers that make up the association for the opportunity given him to lead.

    He promised to take DACCIMA to greater heights.

    He noted that the original vision of the association’s founding fathers was to use it as a platform to organise trade fairs in the state on a rotational basis and to engage the government in the area of advocacy for policies that would create an enabling environment for growth and development of the private sector.

    He, however, stated that the present-day DACCIMA had grown to become an important voice of the private sector in the state, a priceless partner of government and other stakeholders within the business ecosystem.

    He said the association hoped to deepen collaboration with the Delta State Government to engender a more robust relationship and building trust.

    He praised the government for its support for Micro, Small and Medium Enterprises (MSMEs), especially the recent approval of a N1 billion revolving fund to support the enterprises through the Bank of Industry.

    The intervention, he said, would enable the MSMEs to access loans on a single-digit interest rate, help to promote entrepreneurship, generate employment and stimulate economic development.

    According to him, the interventions of the government and the association would contribute more to the realisation of the MORE agenda of the Oborevwori administration.

    He said the new executive would dwell more on sensitisation of members to keep them abreast of opportunities they could leverage on.

    He commended his predecessor Idigbe for his immense contribution and dedication to the growth and development of DACCIMA, stressing that his wealth of experience and inspirational leadership had taken the association to enviable heights.

    Secretary of DACCIMA and Senior Special Assistant to the Governor on Investment, Mr Peter Okolie, urged the new administration to focus on securing a more enabling environment for business to thrive in the state.

    President of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), Chief Dele Oye, represented by Mrs Patricia Idiakhoa, urged businessmen and women in the state to maintain integrity in their transactions and ensure they operated in a peaceful environment.

  • Absence of Psquare’s ex-manager, Jude Okoye, stalls arraignment

    Absence of Psquare’s ex-manager, Jude Okoye, stalls arraignment

    The absence of Jude Okoye yesterday stalled his arraignment and that of his company, Northside Music Ltd, before Justice Rahman Oshodi of an Ikeja Special Offences Court.

    During the proceedings, the Economic and Financial Crimes Commission (EFCC) prosecuting counsel, M.K. Bashir, told the court that the defendant couldn’t be produced by the Nigerian Correctional Service (NCoS) custodial centre.

    But counsel to the defendant, E.I Asuzu informed the court that the defendant was before Justice Alexander Owoeye of Federal High Court, Lagos.

    “My lord, the defendant is before justice Owoeye of the Federal High Court. His bail application was taken last week Friday, and today is for the ruling.

    “I got in touch with the prison officers, and they assured me that they will bring the defendant to court once the ruling is delivered. I pray for a short stand down, my Lord,” he said

    Justice Rahman Oshodi, after listening to both parties in his ruling, gave a short stand down.

    When the judge called up the matter again, the defendant’s counsel, E.I Asuzu apologized to the court and pleaded for a further date as the defendant was unable to make it to court.

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    “My Lord, I apologize to this court as we are unable to produce the defendant. We were given assurance that he would be here. We apologize, Milord.

    “He has been granted bail before Justice Owoeye. I pray for an earlier date, my Lord, so we can come back for his arraignment,” he added

    The EFCC prosecuting counsel, M.K. Bashir, told the court that the defendant had been granted bail but was still within the custody of the Nigeria Correctional Services.

    “My Lord, we ask for issuance of reproduction warrant against his arraignment”, he said.

    Justice Rahman Oshodi issued a reproduction warrant for the defendant.

    “I issued a reproduction warrant to Ikoyi Custodial Center to produce the defendant, and I adjourned to March 4, 2025, for arraignment.”

  • Surrogacy in Nigeria

    Surrogacy in Nigeria

    By Ben Ijeoma Adigwe

    Surrogacy as a word means the act of performing some functions in the place of someone else.

    It means the process of carrying and delivering a child for another person.

    Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child for another person or persons, who will become the child’s parent(s) after birth.

    Surrogacy refers to motherhood by a third-party female who elects or is commissioned to carry a pregnancy on behalf of another couple.

    She delivers a baby and passes it to the commissioning parent at birth.

    Surrogacy may be resorted to when pregnancy is medically impossible, or the pregnancy risks are dangerous for the intending mother.

    In countries where same-sex marriages are allowed, same-sex couples may opt for surrogacy.

    It is a form of assisted reproductive technology.

    Monetary compensation may or may not be considered in surrogacy arrangements.

    It is altruistic surrogacy if it is not done for financial considerations.

    It is commercial surrogacy if it is done for monetary considerations.

    Two types of surrogacy arrangements exist, to wit: traditional surrogacy and gestational surrogacy.

    In traditional surrogacy, the surrogate mother contributes genetically to the conception of the baby by the fertilization of her eggs via the in-vitro fertilization (IVF) process (i.e artificial insemination of the egg of the surrogate with the semen of the commissioning father).

    In gestational or host surrogacy, the surrogate mother does not contribute genetically to the conception of the baby. She is strictly the pregnancy’s carrier.

    A prior fertilised egg (embryo) is implanted into the womb of the surrogate who carries the pregnancy to maturity.

    Most countries have different legal stands on the issue of surrogacy which is quite a sensitive issue with questions being raised as to the propriety of a woman deciding to extinguish her parental responsibilities to a child that she gave birth to based solely on a contractual agreement.

    Surrogacy touches on a wide range of issues like human rights, reproductive rights, morality, public policy, child’s rights, parental responsibilities, and rights.

    Historically, surrogacy has been with us right from ancient times.

    It was allowed under Babylonian law and custom.

    The first successful gestational surrogate pregnancy was carried by a woman in 1985 -1986.

    The Roman Catholic Church opposes surrogacy and sees it as compromising the sanctity of marriage.

    Most Muslims oppose surrogacy and equate gestational surrogacy with adultery which the Koran prohibits since the surrogate carries the sperm of someone, not her husband.

    A survey that was done in the United States suggests that evangelicals do not see surrogacy as a moral issue and therefore do not take a stance as to whether it is wrong or not.

    There is a form of surrogacy practised in traditional African societies as part of the cultural customary practices of the people.

    Among the Anioma people of Delta State, for example, there exists a customary practice where a woman who is unable to carry her own child would enter into a marital contract with another (often younger) prolific woman the terms of which are that men would come and impregnate her, it being understood that the resultant children would belong to the woman who could not bear her own children.

    Under this arrangement, the understanding is that the father(s) of these resultant children will not lay claim to them.

    The legality of this custom if tested by the courts is doubtful in view of the decision of the court in Edet v. Essien Nyon (1932) 11 N.L.R. 47, which held that any custom that denied a biological father of his children is repugnant to natural justice, equity, and good conscience.

    However, I am aware that this is still practised to date.

    A case that I prosecuted, The State v.Ikpeoyi charge No MI/23c 2003; Hci/m/8/2003, was a fallout of such a practice where the biological father reneged and started laying claims to the children.

    Presently, there is no legal official framework regulating surrogacy in Nigeria.

    However, a system of arranged third-party reproduction is common in the country.

    Surrogacy is not so much accepted in Nigeria due to the pro-natalist nature of the African society where people promote the desirability of procreation.

    This also has affected the setting up of a legal regulatory framework.

    Though our laws have not provided for surrogacy, it is still practised in Nigeria.

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    The African Journal for Infertility and Assisted Conception reports a successful gestational surrogacy involving a 35-year-old married graduate trader with primary infertility of 7 years duration due to mullerian dysgenesis in Southeast Nigeria.

    There are agencies in Nigeria that for a fee bring together surrogate mothers and the commissioning parents. They act as middlemen.

    An example of such is the “Meet Surrogate Mothers Agency Limited.” In Nigeria, surrogacy has been based on simple contracts and concerns have been raised if this can be enforced in our courts.

    Some countries make surrogacy contracts enforceable while some put a ban on it.

    US, Ukraine, Russia and Georgia have the most liberal laws in the world allowing commercial surrogacy, including for foreigners.

    Some argue in some quarters that surrogacy contracts should fall within the class of unenforceable contracts due to questions of morality.

    Some feminists say that it is an assault on human dignity, and commodifying women’s bodies in a manner akin to prostitution.

    Also, the rights of the child under surrogacy are abandoned, as it becomes a mere commodity within an economic transaction of a good and a service.

    Anti surrogacy legislation have been based on the need to prevent the exploitation of the vulnerable, and abuse.

    Under Nigerian law, it appears surrogacy agreements can be enforceable although one could question its morality.

    It is therefore necessary for a legal framework to be put in place to prevent possible abuse and exploitation of the whole process.

    It could be argued that such contracts are contrary to public policy as they could encourage the trade in babies and emotional and financial exploitation of surrogate mothers.

    Judging from the extant surrogacy laws in the U.K from whence we got most of our laws, it could be predicted that surrogacy agreements could be enforced in our courts in Nigeria if subjected to judicial test.

    Happily, a surrogacy Bill is presently being considered by the House of Representatives.

    It has been argued that the absence of a regulatory framework in Nigeria has contributed to the growing unethical practices.

    Such a framework would curb the existence of baby factories and the possible exploitation of both surrogate mothers and commissioning parents.

    It has also been argued that surrogacy contracts should not be treated as simple contracts because different lives are involved including that of the unborn child.

    Consideration should be given to the right of the surrogate mother to change her mind due to the unique nature of human reproduction.

    In fact, the International Federation of Gynecology and Obstetrics has recommended that the surrogate’s autonomy should be respected throughout the pregnancy even if her wishes go contrary to that of the intending parents.

    The Supreme Court of New Jersey in Re Baby M (1988) 537 A 2d 1227 invalidated surrogacy agreements due to Public Policy concerns.

    In that case, the surrogate mother’s right was upheld but custody was however granted to the biological father of Baby M.

    •Read more about Adigwe, a lawyer, poet, chartered mediator/conciliator and author, at benadigwe.com

  • Witness denies knowledge of defendant in money-laundering charge

    Witness denies knowledge of defendant in money-laundering charge

    A prosecution witness in the trial of former Minister of Power, Saleh Mamman, has denied any knowledge of the defendant.

    The Economic and Financial Crimes Commission (EFCC) charged Mamman at the Federal High Court, Abuja, with 12 counts of laundering over N33 billion while in office from 2019 m to 2023.

    Count one  of the amended Charge reads: “That you, Saleh Mamman (Male), sometime in 2019, in Abuja, within the jurisdiction of this Court, whilst you were the Minister of Power conspired with other officials of your ministry and some private companies to indirectly convert the total sum of N33,804,830,503.73  through various private companies which sums you reasonably ought to have known formed part of the proceeds of unlawful activity, to wit: criminal breach of trust in relation to the funds released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government of Nigeria; and you thereby commit an offence contrary to Sections 18(a), 15(2)(b) of the Money Laundering (Prohibition) Act, 2011 (as Amended), and punishable under Section 15(3) of the same Act.”

    Under cross-examination by defence counsel Mr. Femi Atteh (SAN), the ninth prosecution witness (PW9), Mr. Abdullahi Suleiman, recalled how he collected money from the Ministry of Power at different times and transferred same to Mamman.

    Asked whether and how he knew the defendant, he denied any knowledge of the man.

    On how he knew that the monies he collected and transferred were for Mamman, he said the EFCC told him.

    When reminded that Saleh left office before he collected the last money and asked who he gave the money, he said that he gave it to the EFCC.

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    Mamman was appointed Minister of Power on August 21, 2019 and left on September 1, 2021.

    The 10th prosecution witness, Musbahu Idris, former Personal Assistant (PA) to the former Minister of Power, said he worked for about two years with Mamman.

    He said he ceased to be PA to the former minister immediately after he left office in September 2021.

    PW 10 said under cross-examination that he knows Mustapha Bida, a staff of the Accountant General Office and the Project Accountant of the Mambila and Zungeru Power Project.

    He stated that he had been collecting monies from the Bureau De Change Operators (Abdullahi Suleiman and Maina Goje) from 2019 up to 2022 and 2023 on the instruction of Bida.

    The witness informed the court that he had built two houses – one in Abuja, the other in Taraba.

    He also said Bida bought him a car and he has not filed any Form with the Code of Conduct Bureau.

    Musbahu said the former Minister denied instructing him to collect any money from Bida.

    According to him, Mamman said he would not refund any money to EFCC because he did not receive any money from Bida.

    The witness further informed the court that he had refunded N190,000,000.00 to the EFCC.

    Another prosecution witness (PW 11), Maina Goje, informed the court that he is a business partner of Abdullahi Suleiman (PW9) and has been in the business of Bureau de Change for about 28 years now.

    He said he had known Bida for about 20 years.

    He said Bida asked him to get some company accounts where he would be sending him monies in Naira and he could convert to dollars, which he did.

    He said most times Bida sends Musbahu Idris to collect the dollar equivalent or Idris would instruct him to transfer some of the funds to some designated bank accounts.

    The case has been adjourned to March 4, 5, 18 and 19 for the cross-examination of Goje (PW11).

  • Court to hear 9Mobile ownership suit March 19

    Court to hear 9Mobile ownership suit March 19

    The Federal High Court in Abuja will on March 19 hear a suit on the ownership and control of Emerging Markets Telecommunication Service (EMTS) – the holder and operator of 9Mobile Telecommunication licence.

    The plaintiff, Abubakar Isa Funtua, sued General Theophilus Yakubu Danjuma (Rtd), his company LH Telecommunication Limited and others over the ownership of EMTS trading under 9Mobile.

    The others are Seltrix Limited (first defendant), the Corporate Affairs Commission (CAC), Nigerian Communications Commission (NCC), HayatuHassan Hadeija, Teleology Nigerian Limited and Mohammed Edewor, a Director in Teleology Nigeria Limited.

    The plaintiff seeks a declaration that he is the beneficial owner of the 43,000,000 ordinary shares held in trust for him by the first defendant (Seltrix Limited) in the capital of the third defendant (Teleology Nigeria).

    He is also praying for “a declaration that the acquisition of the 43,000,000 ordinary shares purportedly transferred or surrendered to the third defendant (Teleology Nigeria) in breach of the first defendant’s duty as trustee of the plaintiff and in contravention of Clause 48 of the Memorandum and Articles of Association of the first defendant is null, void and of no effect.”

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    Funtua further claimed: “That the purported registration of the transfer by way of surrender/gift of 43,000,000 ordinary shares held by the first defendant in the capital of the third defendant is unlawful, null and void.

    “A declaration that the purported registration of the increase in the share capital and the allotment of the newly created 1,910, 000, 000 ordinary shares in the capital of the fifth defendant (EMTS) to the eighth defendant (LH Telecommunication Limited) is in contravention of Section 127 of the Companies and Allied Matters Act, 2020 and is therefore null, void and of no effect.”

    The plaintiff seeks: “An order setting aside the purported registration by the sixth defendant (CAC) of the transfer by way of surrender/gift of 43,000,000 ordinary shares held by the first defendant in the capital of the third defendant.

    “An order setting aside the purported registration by the sixth defendant of the increase in the share capital and the allotment of the newly created 1,910, 000,000 ordinary shares of the fifth defendant (EMTS) in contravention of Section 127of the Companies and Allied Matters Act, 2020.”

    The plaintiff also seeks N1 billion as general damages from the defendants jointly and severally, amongst other reliefs.

  • AGF: violation of Supreme Court judgment on local govt treasonable

    AGF: violation of Supreme Court judgment on local govt treasonable

    The Nigerian Bar Association (NBA) last Wednesday hosted a high-level discourse during which legal experts and stakeholders interrogated the challenges hindering the full implementation of the landmark Supreme Court judgment on local government autonomy, reports Deputy News Editor JOSEPH JIBUEZE

    There will be consequences for the continued violation of the Supreme Court judgment on local government autonomy by governors.

    Attorney-General of the Federation and Minister of Justice Prince Lateef Fagbemi (SAN), fired this warning at a state-of-the-nation discourse on local government financial autonomy.

    Stakeholders at the forum organised by the Nigerian Bar Association (NBA) called for strict compliance with the judgment.

    Fagbemi, represented by Civil Appeals Director, Mr. Tijani Gazali (SAN), said despite the Supreme Court judgment outlawing the illegal removal of democratically elected local government chairman and councillors, some governors have continued to act arbitrarily.

    “It is quite unfortunate that a few states have continued to flagrantly carry on with this illegality.

    “Let me state in unequivocal terms that this act is tantamount to treason and must be treated as such.

    “While it is true that Section 308 of the Constitution grants the governor immunity from prosecution, I wish to be clear that this flagrant disobedience to the Supreme Court judgment will have unpleasant consequences for the state as a whole, should it persist,” he warned.

    Fagbemi attributed the situation to “complete dereliction of duty by the Attorneys-General” who he said failed to ensure that governors uphold the rule of law.

    “We must always be courageous as lawyers to always give the correct legal advice to politicians, who believe they have the right to breach the sacred provisions of the constitution, regardless of the grim repercussions.

    “Again, let me remind us that we are all servants of the law and our duty is to defend the constitution always.

    “I, therefore, call on everyone present here today, to lend their support to the complete actualisation of the full autonomy of Local Governments in Nigeria, in line with the mandate of President Bola Ahmed Tinubu.

    “Most importantly, local governments must also wake up to their constitutional duties by being accountable to the citizens, constantly improving themselves in areas of administration and capacity building of their staff and constant community engagement to improve trust and transparency.

    “There is no room for babysitting the third tier of the Government any more.

    “There must be concerted efforts by ALGON to continue to improve the technical capacities of local government workers across Nigeria to be able to rise to the humongous task ahead of them.

    “Local government councils must be seen to be alive, with a reformed civil service structure and executing more impactful projects that will bring respite to the people in the grassroots, for whose sake this fight was won,” Fagbemi said.

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    NBA President, Mazi Afam Osigwe (SAN), called for respect for the local government system.

    He said the discourse was in line with the NBA’s mandate of promoting the rule of law.

    Osigwe urged all stakeholders to do their best to ensure good governance for the people of Nigeria, especially at the grassroots.

    Adegboruwa highlights benefits of judgment

    In his paper titled: “An analysis of the role of state and local government leaders: challenges and problems,” Ebun-Olu Adegboruwa (SAN) noted that the lack of council autonomy remained a major challenge to the efficiency of the role of the grassroots government for years.

    According to him, overriding interference in the operations of the local governments by states remained a clog in the wheel of progress.

    Adegboruwa said: “The landmark policy decision of the Supreme Court has become a watershed in local government administration, particularly on the issue of fiscal autonomy of the third tier of government.

    “The decision marks a significant shift with several important implications.

    “First, the direct payment mechanism will reinforce government policies at the local level, allowing local governments to have greater control over their financial resources.

    “This change is expected to foster the development of more effective structures within the local governments for managing and utilising the funds allocated to them.

    “Additionally, the decision will facilitate the delivery of essential services and infrastructure, such as healthcare and public utilities, directly benefiting local communities.

    “By bypassing state governments in the disbursement process, local governments will be better positioned to ensure that the benefits of federal allocations reach their intended recipients promptly and efficiently.

    “Furthermore, the decision will reduce the reliance of local governments on state governments, thus promoting greater financial autonomy.

    “This shift is likely to enhance the operational independence of local governments, enabling them to function more effectively and respond more directly to the needs of their communities.”

    He added that with full autonomy, local governments can directly utilise the funds they generate to address local needs and implement community projects.

    “Additionally, this change will reduce undue interference from state governments, allowing local governments to operate with greater financial independence and efficiency.

    “This increased control over revenue generation and expenditure will enable Local Governments to better serve their communities and enhance local development,” Adegboruwa said.

    ‘Local govt key to development’

    A Senior Advocate of Nigeria, Mr. Muyiwa Atoyebi, stressed that restoring democracy at the grassroots is a major determinant of development at that level.

    “The Nigerian government, as presently constituted, is highly centralised.

    “There is a need to grant local communities the opportunity to make decisions that directly impact their lives.

    “This can only be achieved by strengthening local governments, ensuring that they are adequately funded, and providing them with the autonomy needed to address the unique challenges faced in their communities.

    “Local governments are the closest to the people, and empowering them would not only promote the development of local areas but also help in achieving national development goals more effectively,” he said.

    Ubani: all hands must be on deck

    A former NBA Second Vice President, Dr. Monday Onyekachi Ubani (SAN), believes that strengthening local government administration is a collective responsibility.

    For him, the Supreme Court pronouncement presents a crucial opportunity for strengthening governance at the grassroots level.

    Ubani said: “Achieving this requires the commitment of all stakeholders who seek good governance and sustainable development.

    “As the ongoing 1999 constitutional review progresses, it is essential that it incorporates the Supreme Court’s landmark decision, particularly concerning financial autonomy, the election, rather than appointment of local government officials, and legal mechanisms to shield local governments from undue influence by state governors.

    “Engaging key stakeholders, including local government leadership, employees, state executives, and speakers of state Houses of Assembly, in shaping this review is vital to ensuring meaningful and lasting reforms.

    “More importantly, the realisation of a truly autonomous third tier of government must involve active participation from civil society organizations, citizens, and advocacy groups.

    “It is a collective duty to ensure that local government autonomy is not just a constitutional provision but a practical reality within our lifetime.”

    Immediate-past Abuja Branch Chairman of the NBA, Mr. Afam Okeke, said local government elections should be held on the same day as the state and federal elections.

    He suggested that the Independent National Electoral Commission (INEC) should be responsible for organising, supervising and conducting council polls rather than state Independent Electoral Commissions (SIECs)

    “All monies meant for LGAs should be paid straight from the federation account to the account of each local government and not through a joint account with the state government,” Okeke said.

    Stricter compliance needed

    For Secretary of Otu Oka-Iwu (Igbo lawyers association), Abuja, Ogechukwu Maureen Okafor, there must be strict enforcement of the Supreme Court judgment through legal and institutional reforms to restore democracy at the grassroots and ensure good governance.

    “During the panel discussions, the representative of ALGON stated that ALGON has formally requested the Central Bank of Nigeria (CBN) to create individual accounts for all 774 local government areas.

    “In response, the Director of the Legal Department at the CBN confirmed the request and announced that the bank is inviting all local government chairmen to undergo Customer Due Diligence (CDD) and Know Your Customer (KYC) processes before the accounts can be operationalised.

    “Additionally, the representative of the Code of Conduct Bureau (CCB) disclosed that investigations into the local government chairmen have commenced. The CCB also intends to first educate them on their rights and responsibilities.

    “These developments indicate that local governments will not only operate with greater autonomy as the third tier of government but will do so without immunity for their chairmen.

    “The absence of immunity, to a large extent, gives room for chairmen to be held accountable by financial crimes institutions like the Economic Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), etc.

    “The Federal Government in collaboration with civil society organisations like the NBA through the Local Government Monitoring Committee must ensure that local government allocations go directly to local government accounts without interference from state governors, whilst INEC and the electoral commissions in the states are reformed to guarantee credible local government elections free from state manipulation.

    “Civic engagement and accountability mechanisms, such as public audits and community-driven oversight should be strengthened to ensure that local governments remain transparent and responsive to the needs of the people.

    “If properly executed, these measures will deepen democracy, enhance service delivery, and empower citizens at the grassroots level,” Okafor said.

  • Ogun govt, others sued over AMORAN leadership

    Ogun govt, others sued over AMORAN leadership

    A transport magnate, Otunba Nurudeen Aina popularly known as Alowonle has asked the National Industrial Court of Nigeria (NICN), Ibadan, to declare him the authentic chairman of the incorporated Motorcycle Owners and Riders Association of Ogun State (AMORAN),

    He prayed the court to nullify the swearing of the Otunba Taofeek Sokoya as chairman.

    The claimant prayed the court to declare that the office of the chairman was not vacant and that Sokoya did not hold any executive office.

    The 1st to 5th respondents respectively  in the suit marked NICN/IB/07/2025, are  the incorporated trustees of Incorporated Motorcycle Owners and Riders Association of Ogun State (AMORAN), Governor of Ogun State , the Attorney General of Ogun State and Commissioner for Justice, Commissioner for Transport Ogun State, and Otunba Taofeek Sokoya (a.k.a Danku).

    The claimant in the Originating Summons filed by his counsel, Mr Bamidele Ogundele of B.P. Ogundele & Co. of Castle of Justice Chambers, is praying the court to declare that Sokoya  is not the proper person to be sworn in as acting chairman in the absence of the applicant who was on leave of absence for four months.

    The claimant’s Originating Summons was brought pursuant to Order 3 Rule 3 of the National Industrial Court of Nigeria, Civil Procedure Rules, 2017 and section 254(C) of the of 1999 Constitution of the Federal Republic of Nigeria as amended.

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    The suit was also filed in line with Section 9(C), 10,11,14(1)&(2) of the Constitution of the incorporated Trustees of Articulate Trust Motorcycle Owners & Riders Association (AMORAN).

    Aina is praying the court for an order declaring that there is no vacancy in the office of the applicant to warrant the fifth respondent being sworn in by virtue of provisions of Section 16(a)&(b) of the 1st respondent Constitution.

    He is, therefore, praying for an order of the court to restrain Sokoya, the fifth respondent from parading himself as the chairman of the association.

    “An order of the court mandating the 2nd, 3rd and 4th respondents as regulatory authorities to recognise the applicant as the legal and lawful chairman of the first respondent.

    “Applicant is not the legal chairman of the 1st respondent association by virtue of the fact that his term of office tenure is three years that expired by September, 2026 and still subsisting.”

    He further stated that the 5th respondent did not occupy any of executive position/offices listed in Section 9(a)&(b) of the Constitution of the 1st respondent.

    “That upon the expiration of the leave of absence, the applicant automatically reverts to the position of chairman of the last respondent, while the acting chairman reverts back to the position of vice chairman.

     “That the applicant’s return to the position as chairman on the December 4, 2024 is still within the applicant’s second term as the lawfully elected chairman of the first respondent”