The Nation Newspaper

Tag: Abuja Federal High Court

  • Court dismisses AAC’s suit against Rivers election

    A Federal High Court in Abuja has dismissed a suit by the African Action Congress (AAC) and one other, querying the propriety of handling of the Governorship and House of Assembly elections in Rivers State, particularly as it relates to the announcement of results by the Independent National Electoral Commission (INEC).

    Justice Inyang Ekwo yesterday said the since the case was about an election that had been held, it was appropriate for the plaintiffs to take their case before an election tribunal.

    The suit has AAC, Biokpomabo Festus Awara and Pastor Ben-Gurion John Peter as plaintiffs, with INEC and the Peoples Democratic Party (PDP) as defendants.

    The plaintiffs said INEC had earlier admitted that the election was marred by violence which compromised its credibility, and so it suspended the election.

    Red also: Rivers Polls: Wike, AAC’s Awara clash at stakeholders meeting

    They added that without calling for a fresh election, INEC announced that it was set to continue with the election from March 20.

    The plaintiffs prayed the court for, among others, an order cancelling the already held Governorship and House of Assembly elections, and an order directing the conduct of fresh elections.

    Justice Ekwo said the reliefs sought by the plaintiff’s, which include prayers for the cancellation of an already-held election and the stoppage of further collation of results of the election, are post-election in nature.

    He said such prayers, on which the electoral tribunal has exclusive jurisdiction, could not be entertained by the regular courts.

    Justice Ekwo said his court has no jurisdiction to grant any of the prayers contained in the plaintiffs’ originating process.

    According to him, the court has earlier held in a similar case, that once an election has been held, the Federal High Court no longer has jurisdiction to entertain and determine any litigation touching on such election.

    Justice Ekwo said the case by the AAC and others was an attempt to litigate election issues in disguise.

    According to him, hearing the case will amount to an attempt by the court to constitute itself into an election tribunal, “a capability it does not have constitutionally”.

    He said: “I find that issues in this case are post-election in nature and do not belong to the realm of this court. Therefore, the preliminary objection of the second defendant succeeds and accordingly, I declare jurisdiction.

    “Now, it is the law that where the preliminary objection succeeds, there is no need to go further to consider arguments in support of other issues or issues for determination.

    “So, at this point, I make an order dismissing this case for want of jurisdiction.”

  • Group drags Gov. Bindow to Court over alleged certificate forgery

    The end may not have been heard of cases of certificate forgery in the political scene as a human right group, Global Integrity Crusade Network is accusing Adamawa State Governor, Muhammad Jibrilla Bindow of certificate forgery.
    The group has therefore approached an Abuja Federal High Court, asking the court to compel the Inspector General of Police to prosecute the Governor for offences bothering on perjury.
    In the originating summons dated 26th September, 2018, the plaintiff alleged that the Governor did not to completed his secondary education at the Government Secondary School, Mangu, Plateau State, as claimed.

    Read Also: 2019: Bindow insists Buhari will win election

    They are also seeking an order of court compelling the West African Examination Council (WAEC) to produce the result of the Governor within fourteen (14) days.
    Joined in the suit instituted on behalf of the registered trustees of the human right body by Tersagh Unande are Governor Bindow, the Independent National Electoral Commission (INEC), West African Examination Council (WAEC), the All Progressives Congress (APC) and the Nigeria Police Force(NPF) are joined as defendants.
  • Abia crisis: state will emerge better under Ogah – group

    Abia crisis: state will emerge better under Ogah – group

    A group that calls itself Isi-Ogoasaa Consultative Forum, from Acha in Isuikwuato local government of Abia state has expressed optimism that state would be a better and economically viable one when Dr Uche Ogah assumed the leadership of the state.

    Speaking with newsmen in Umuahia, the leader of the forum , Chief Chikwendu Ibebuike Onwuegbu, said that since the electoral body had obey the directive of the Abuja Federal High Court presided over by Justice Okon Abang that the next thing to be done is to swear in Ogah without any further delay.

    Onwuegbu said that the delay in the swearing in of Ogah as the authentic governor of Abia state amounts to flouting the directive of a court of competent jurisdiction, which is not in line with the change mantra of the present administration.

    He said, “Since Dr. Ogah has been issued with certificate of return by the Independent National Electoral commission [INEC] the next action will be to swear him in as the Abia governor as declared by the Federal High Court which sat in Abuja in its ruling of 27th June 2016, presided over by Justice Okon Abang”.

    The leader of the forum said that despite the fact that, Governor Okezie Ikpeazu has exercised his legal right of appeal, “That appeal ought not to substitute the swearing in of Dr Ogah as the legitimate governor of Abia state as declared by Justice Abang”.

    Onwuegbu explained that, “Abia Charter of Equity as stipulated and enunciated by the founding fathers of Abia, has a pact that the various districts which were joined to create Abia in 1991 will take turns to govern the state which has been followed to the letter until now”.

    “The name Abia was derived from the four [4] letter acronym A-B-I-A representing the four [4] districts that were joined to create Abia, Afikpo District which stands for letter ‘A’  has taken their turn by Dr Ogbonnaya  Onu [1992-1993].

    “Bende District which stands for letter ‘B’  has also taken its turn by Dr Orji Uzor Kalu [1999-2007] and Chief T.A Orji [2007-2015] respectively, it is now the turn of the third letter ‘I’ which represents Isuikwuato District where Dr Ogah comes from  to produce the next governor”.

    “It is a simple logic that after Isuikwuato must have governed the next letter which is ‘A’ which represents Aba District, where Governor Okezie Ikpeazu comes from will produce after Isuikwuato district, so that the ethos of the charter of equity will be achieved to the letter”.

    He continued by saying, “That going by the pact of the  founding fathers of Abia as enshrined in the Abia Charter of Equity , Dr. Ogah is still on the right course which is the reason we are supporting him to be sworn-in as the authentic governor of the state“.

    On the issue of allegation that the certificate of returns given to Dr Uchechukwu Ogah by INEC is not valid, Onwuegbu said that, “Those dwelling on such fantasy should rather purse the substance than the shadow which they are doing to their own detriment”.

    He said, “The media team of Ikpeazu should allow the legal team to do their work and stop trying to deceive the people, as INEC remains the competent authority to issue certificate of return and the commission is always conscious of its statutory obligations”.

    “Since this political imbroglio broke out and they [Ikpeazu’s media team] came out that the certificate of return issued to Ogah is fake the big question is, has INEC come out to say that the certificate they issued to Ogah is fake, let’s face facts please”.

  • Suswam authorised sale of Benue shares- BIPC boss

    Suswam authorised sale of Benue shares- BIPC boss

    A Federal High Court in Abuja Tuesday heard how former Benue State governor, Gabriel Suswam allegedly ordered the sale of the state’s shares at N10billion.

    The Chief Executive Officer of the state’s investment firm, the Benue Investment and Property Company (BIPC) Limited, Mrs. Brigid Shiedu gave details of how the governor authorised the sale of the shares.

    Mrs. Shiedu testified as prosecution witness in the trial of Suswam and the state’s ex-Finance Commissioner, Omodachi Oklobia.

    Suswam  is currently being tried, with Oklobia, on a nine-count charge of money laundering, in which they were among others, accused of diverting N3, 111,008,018.51k (about N3.1billion) which form part of the N9,411,708,009.51k (about N9.4billion) recovered from the sale of Benue State’s shares.

    When trial opened on December 8, 2015 a prosecution witness, Junaidu Sidu told the court how Suswam and Oklobia allegedly connived to divert about N3.1b from the share sale proceeds, using a bureau de charge operator, Abubakar Umar of Fanffash Resources Limited, who allegedly converted the money to $15,800,000 (USD) which he purportedly handed to Suswam in cash at his (Suswam’s) residence in Maitama, Abuja.

    Mrs Shiedu said out of the N10bn realised from the sales of the shares, the BIPC Limited was instructed to retain N1bn for the running of the company and reinvestment in real estate business which is part of the company’s areas of interest.

    She said the state government’s sole stockbroker, Elixir Securities Limited, which sold the shares on behalf of the state paid the balance of N9bn into the two accounts of the Ministry of Finance with Zenith Bank.

    Mrs. Shiedu, who was led in evidence by prosecution lawyer, Rotimi Jacobs (SAN), said that Suswam had initially instructed her company  to raise N6bn, but later raised it to N10bn, claiming the money would be deployed for the completion of some ongoing projects in the state.

    “We discussed on the amount that would be liquidated at the meeting and thereafter we agreed on the sum of N6bn to be raised from the sales of the shares.

    “Thereafter the chairman of the board was also invited by the governor. The chairman came and was also informed of this development.

    “But the Chairman said the matter needed to be discussed at a full board meeting. So we scheduled a board meeting and the matter was discussed.

    “It was at the board meeting that the then Commissioner of Finance (Okolobia) said that due to the magnitude of the need of the state for fund at that time, the amount to be liquidated from the shares as later agreed between him and the governor was N10bn. The board also invited the stockbroker, Elixir Security Ltd, to come and advise about how the money could be raised from the shares,” the witness said.

    She added that the approval for the sale of the shares eventually came from Suswam as governor through the office of Government House Administration.

    She further said: “They now went to the stock market and started selling some of the shares. I wrote a letter to the then Governor of Benue State for approval for the sale of the shares to go into the transaction and I was given the approval.  The governor was Rt. Hon. Gabriel Suswam. Approval came through Government House Administration Office.

    “When they sold the shares, they asked us where the proceeds were to be deposited.When I contacted the Commissioner for Finance (Oklobia), he sent two account numbers to me.

    “He sent the account numbers through the Ministry of Finance letterhead. The two accounts were with Zenith Bank Plc.”

    The letters of correspondent between her and the governor, which Mrs. Shiedu referred to, were tendered and admitted as exhibits.

    Although the defence objected to the admission of the letters, the judge, Justice Ahmed Mohammed said the documents would be temporarily admitted until the prosecution was able to prove that BIPC is a public institution.

    Justice Mohammed adjourned to February 15 for continuation of trial.

  • PENGASSAN crisis: Aggrieved members seek court intervention

    PENGASSAN crisis: Aggrieved members seek court intervention

    The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has been enmeshed again in crisis as its immediate past National Publicity Secretary, Comrade Seyi Gambo led some aggrieved members to court over numerous constitutional breaches by the Association’s President, Comrade Francis Olubode Johnson and his Central Working Committee (CWC).

    The Comrade Gambo group said the Comrade Johnson-led CWC is accused of intimidation by disqualifying eligible candidates on the day of branch election of the Petroleum Equalization Fund (PEF).

    In a court summon obtained from the Federal Capital Territory High Court, Abuja, Comrade Gambo and other 10 PENGASSAN members, alleged that  the Comrade Johnson-led CWC and its agents at the PENGASSAN Kaduna Zone for upholding an illegal suspension of Comrade Gambo.

    The group faulted the suspension of Comrade Seyi Gambo, who was then the PENGASSAN National PRO and by inference a member of the CWC, by the PEF Branch Chairman, Comrade Aminu Modibo.

    Comrade Modibo suspended Comrade Gambo two months before the June 2014 PENGASSAN National Delegates Conference/Election where Comrade Gambo contested the Presidency of PENGASSAN against Comrade Johnson and lost.

    The group wants the court to determine if the suspension is not in breach of Section 31.3 of the PENGASSAN Constitution which states that, “The CWC can discipline any of its members in line with the Disciplinary Code and Procedure in Schedule 2;” and Section 2.4.2 of the same Schedule 2 that “In addition to the procedure outlined in Schedule 2.2, the NEC-is-Session shall consider the report of the Grievances and Disciplinary Committee (GDC) and vote if necessary to remove from office a National Officer by a two third majority of NEC members.”

    The plaintiff also sought to know the constitutional grounds the Senior Assistant General Secretary, Comrade Wale Ajayi, who is in charge of the PENGASSAN Kaduna Zone and the CWC representative at the election, used to extend the tenure of the immediate past executive in office beyond their constitutionally stipulated term in office.

    They noted that this is against Section 19.1 of the Constitution, which states, “All elected officers of the association shall hold office for one term of three years or part thereof. At the end of a term of three years or part thereof, they may be re-elected into the same or any other office.”

    A source in PENGASSAN said members in PEF have been complaining against the PEF Branch Executive Committee led by Comrade Aminu for undermining PENGASSAN constitution for not holding a bye election when there were vacancies in the local branch as required by the constitution.

  • FG investigating Dokpesi over fresh allegation – Jacobs

    FG investigating Dokpesi over fresh allegation – Jacobs

    The Federal Government is investigating businessman, Raymond Dokpesi in relation to allegation of his involvement in another fraud involving about N8billion, government’s lawyer, Rotimi Jacobs (SAN) told a Federal High Court in Abuja Thursday.

    Jacobs said the Federal Government is about rounding off investigations into a fresh allegations of N8.4billion he collected from the Goodluck Jonathan administration for airing the FIFA  U17 championship which Nigeria hosted  in Jan 27, 2012.

    He stated that even though the airing right was granted DAAR communication by FIFA and without the Federal Government as a party to the contract, Dokpesi allegedly collected N8b from the Nigerian government for his execution of the contract.

    Jacobs made the disclosure while arguing the Fed Govt’s counter-affidavit against Dokpesi’s bail application.

    Dokpesi was arraigned with his company, Daar Investment and Holding Company Limited on Wednesday on a 6-count charge. He was accused of unlawfully receiving N2.1billion from former National Security Adviser (NSA), Mohammed Sambo Dasuki.

    He pleaded not guilty and applied for bail. Parties argued the bail application and the prosecution’s counter affidavit yesterday.

    Jacobs, while urging the court to reject Dokpesi’s application, argued that a bail to Dokpesi will prejudice investigation into the N8b deal.

  • Judge threatens to free suspected killers of Boko Haram founder

    Justice Evoh Chukwu of an Abuja Federal High Court on Wednesday  threatened to discharge five police officers charged with killing Boko Haram founder, Mohammed Yusuf,  for want of  diligent prosecution.

    The judge made the threat following the submission of prosecution counsel, Mr Austin Atubu, who told the court that the witness expected to give evidence at the proceedings was not in court.

    Atubu had informed the court that the witness, a police officer, had developed “severe hypertension’’ and was likely to recover by the middle of April before he could come and testify.

    He, therefore, prayed the court for an adjournment to enable the witness to be in court, a request which was not opposed by defence counsel, Mr Cyril Nkpe.

    Reacting to the submission, the judge expressed displeasure with the attitude of the prosecution team in the matter.

    He ,therefore, ordered all counsel involved in the trial of the officers to, henceforth, be diligent in handling their briefs or risk the case being struck out.

    “This is the last time that the court will be condoning any delay from a counsel in this matter.

    “I will strike out the case and discharge the accused next time this happens,’’ Chukwu said.

    He then adjourned the case to March 24 and March 25 “for hearing and continuation of the trial”.

    The News Agency of Nigeria (NAN) reports that five policemen – ACP J.B. Abang, ACP A.A Akeera, CSP Mohammed Ahmadu, ASP Mada Buba and Sgt. Adamu Gado were charged with the murder of Yusuf.

    The Boko Haram founder was allegedly killed in 2009 in Maiduguri by some police officers, who he was handed to by some Nigerian Army personnel, who arrested him and some of his associates for alleged insurgency. (NAN)