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Tag: Abuja High Court

  • Court remands man for allegedly stabbing an ASP to death

    Court remands man for allegedly stabbing an ASP to death

    An FCT High Court on Tuesday ordered that a man, Olaniyi Adegboro be remanded in Kuje Corrections Centre for allegedly stabbing ASP Ayuba Zakari to death.

    The police charged Adegboro with murder.

    Following the prayer of the prosecution counsel for a date to open his case, Justice Peter Kekemeke adjourned the matter until April 17.

    Earlier, the persecution counsel, Adama Musa told the court that Adegboro on Oct.9, 2023, stabbed the deceased in his stomach which resulted to his death.

    The police stated that the offence is contrary to the provisions of Section 220 of the Penal code and punishable under Section 221 of the same code.

    The defendant pleaded not guilty to the charge.

    In another matter,  Justice Kekemeke also remanded a man, Aliyu Ali Kuje for alleged conspiracy and land documents forgery.

    Read Also: Nigeria’s economy almost collapsed before Tinubu, says Edun

    Ali was to be arraigned alongside Danjuma Abubakar and others, who are at large.

    They were to be arraigned on a 9-count- charge bordering on conspiracy and forgery.

    The police counsel in the matter, Chike Amuka alleged that sometime in 2022, Ali and others conspired, forged all the land documents and sold to Stakanson Nig Ltd.

    This, according to the police, is contrary to the provisions in sections 97 and 364, 394 of the Penal code.

    Ali pleaded not guilty to the allegations against him.

    His counsel, E Wamibayi prayed the court to grant the defendant bail considering his age at the discretion of the court.

    The counsel told the court that the defendant is above 80 years of age and also had health issues.

    Opposing the application, the prosecution counsel told the court that the charge was served on Ali on Oct. 6, 2023.

    He added the defence was aware of the charge and therefore the application must follow the stipulations of the law.

    Subsequently, justice Kekemeke directed the defendant’s counsel to put his application on notice.

    He then ordered that the defendant be remanded in custody of Kuje Correctional service until the next adjourned date which is March 20. (NAN)

  • APC bounces back in Enugu guber race

    …calls for postponement of election in Enugu

    The All Progressives Congress (APC) Thursday bounced back into contention for the Governorship election in Enugu state.

    The party’s gubernatorial campaign had been jeopardized as a result of judicial process which denied the standard bearer,  his ticket.

    A governorship aspirant in a faction of the party, George Ogara had succeeded in an Abuja High Court in upstaging Ayogu as the candidate.

    But the Appeal Court Thursday quashed the Abuja High Court and reinstated Ayogu.

    Thousands of enthusiastic supporters on Thursday received Ayogu at the Akanu Ibiam International Airport with pomp and pageantry.

    Ayogu told reporters that he was back and would definitely win the election on Saturday.

    He said the judgment that led to the removal of his name suppose not to be adding that it was politically manipulated.

    Read Also: Enugu: Election and its aftermath

    “But come May 29, 2019 your brother who is talking to you now will be sworn in as the governor of Enugu state.

    “They cannot stop it. The will be swept by a tsunami which they can’t explain where it come from,” said Eze.

    He thanked his numerous supporters for exercising patience while the judicial process was on.

    The chairman of the party in the state, Dr Ben Nwoye in his contribution, called for the postponement of the election in Enugu state to allow their candidate campaign for some time.

    He said the party is insisting that the Independent National Electoral Commission to immediately relist the name of Ayogu Eze as their standard bearer.

    The party chairman led thousands of party supporters to throng the INEC office in protest to that effect.

  • Alleged falsehood case: Court grants Misau bail

    Alleged falsehood case: Court grants Misau bail

    An Abuja High Court on Thursday granted bail to Sen. Isah Misau, standing trial in a case of alleged injurious falsehood brought against him by the Federal Government.

    Misau, a serving senator, is facing a five-count charge bordering on injurious falsehood against the Inspector General of Police, Ibrahim Idris, and the Chairman, Police Service Commission, Mike Okiro.

    The judge, Justice Ishaq Bello, who declined to grant bail to Misau on self-recognition, set the bail bond at N5 million with two reliable sureties each in like sum.

    The judge had declined the prayer made by Misau’s counsel, Mr. Godwin Obla (SAN) asking the court to grant bail to his client on self-recognition.

    Read Also: Court remands two men for homicide

    Bello said: “for a reason I am not considering the request made by the learned Silk.

    “It has now become customary that anytime senior citizens are arraigned in the court and are granted bail on self-recognition, they suddenly realise that they have the need to engage in some personal trips outside.

    “And sometimes they stayed for a long period of time and such cases will be delayed because of their absence.’’

    Bello adjourned the case to Nov. 28 and 29 for hearing.

    Earlier, Misau had pleaded not guilty after the charge was read to him.

    Mr Hadi Saleh, the prosecuting counsel, told the court that between Aug. 10 and Oct. 5, the defendant had made some injurious falsehood statements against Idris and Okiro which were widely publicised by the media.

    The prosecutor said that the offences contravened the provision of Section 393 (1) of the Penal Code.

  • Court frees Justice Ademola, wife

    Court frees Justice Ademola, wife

    Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) in  Maitama has struck out the 18-count  charge Justice Adeniyi Ademola (of the Federal High Court), his wife, Olabowale and a lawyer, Joe Agi (SAN).
    The office of the Attorney General of the Federation (AGF)  had filed the suit late last year, in which they were accused of engaging in corrupt acts. Justice Ademola, was among others, accused of accepting gratification from Agi.
    His wife was accused of receiving N30million in her GT Bank account on behalf of her husband, while Agi was accused of bribing the judge, including buying an N8.5million car for his (the judge’s) son.
    In a ruling on Wedenesday, Justice Okeke upheld the no-case submission by the defendants, on the ground that  the prosecution, led by Segun Jegede, failed to prove any of the allegations it made against them.
    The judge said, not only did the prosecution fail to show that Justice Ademola benefited from the money allegedly paid to his wife’s account, it also failed to link the N30m Mrs Ademola received from Agi, SAN, to any particular case being handled by her husband.
    He noted that the prosecution did not tender any evidence, showing that the N30m was at any time, transferred to any bank account that belongs to the 1st defendant (Ademola).
    “None of the witnesses identified or tendered evidence to show that N30m was paid into any bank account of the 1st defendant either by the 2nd or the 3rd defendants”.
    Justice Okeke, who said he took cognisance of a statement Agi made before the Department of State Service (DSS), admitting that two of his clients directed him to pay the N30m to Mrs Ademola as gift during her daughters wedding in April, 2015, said  the lead investigator, (who testified as PW-16), could not establish any link between the monetary gift and any case that was handled by the 1st defendant.
    The judge said: “This court totally agrees with the PW-16 that taking the N30m gift the 3rd defendant paid into the account of the 2nd defendant as bribe will be speculative and no court can convict based on speculation.
    “A court of law reckons with hardcore evidence placed before it and not on speculation as to why the payments were made,” Justice Okeke said.
    The judge, after reviewing all the evidence, in a judgment that lasted about five hours, said the prosecution failed to discharge the burden of proof placed upon it by the law.
    The judge discharged and acquitted the defendants.
    Today’s ruling ends the case, expect the prosecution appeals and the appellate court directed that it be reopened.
  • NBA president asks court to strike out Gadzama’s suit

    NBA president asks court to strike out Gadzama’s suit

    Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) has asked an Abuja High Court to strike out the suit filed by Chief Joe-Kyari Gadzama (SAN) challenging his election.

    Gadzama is praying the court to nullify the election for being characterised by malpractices and to order a fresh poll.

    But, Mahmoud, through his counsel Paul Erokoro (SAN), said Gadzama did not first channel his complaints to the NBA Dispute Resolution Committee before suing.

    “This suit has not complied with the requirements of due process. The condition-precedent to the commencement of this suit was not fulfilled,” Mahmoud said.

    In a supporting affidavit deposed to by Kingsley Odey, a lawyer in the law firm of Paul Erokoro & Co, Mahmoud said that it was the duty of the Dispute Resolution Committee to hear appeals and resolve disputes amongst aggrieved members.

    “The plaintiff never filed any complaint before the NBA Dispute Resolution Committee challenging the conduct or outcome of the said NBA election,” said the NBA president.

    Mahmoud said Gadzama’s suit was, therefore, premature and robs the court of jurisdiction.

    “We submit that this Honourable Court lacks the jurisdiction to entertain this action, given that the suit is premature, having regards to Section 16 of the NBA Constitution as amended in 2015.

    “We submit that the plaintiff’s claims are unmeritorious and we humbly urge this Honourable Court to so hold.

    “It would be in the interest of justice to strike out the plaintiff’s suit,” Mahmoud prayed.

    Gadzama told the court that he polled 2,963 votes in the election rather than the 2,384 announced by the electoral committee.

    He said Mahmoud, who was said to have won the election with 3,055 votes, actually polled 2,465.

    Gadzama, in his statement of claim, said: “The Plaintiff avers that contrary to the result declared by the eight Defendant (Mr. Kenneth Mozia (SAN), Chairman, Electoral Committee of the NBA), at the close of voting, at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama, 2,963; Abubakar B. Mahmoud, 2,465.”

    Gadzama said he consulted ICT experts who, with the aid of advanced reporting tools, accessed the stack-trace, logs and other database files on the host server of the voting system.

    He said it was discovered that the election portal was set up on more than one domain, contrary to established standards and international best practices.

    Besides, he said there were multiple administrators/webmasters who accessed the backend of the portal and remained active throughout the period the voting lasted, contrary to established standards and international best practices.

    Gadzama alleged that there was continuous manipulation of data on the system throughout the period the voting lasted, which he said compromised the integrity of the outcome.

    The plaintiff said the process was “completely compromised” by the deployment of two voting platforms – https://election.nba-agc.org, which was the official portal, and ttp://www.nigerianbar.org.ng.

    “Voters were casting their votes on two different portals/domains, contrary to the Election Guidelines released by the ECNBA and international best practices. It amounts to, if voting was to be by manual ballot, different voters casting their ballots in two different ballot boxes but for the same office,” Gazdama said.

    Defendants are NBA trustees, Including Abdullahi Ibrahim (San), Chief Wole Olanipekun (San), Thompson Joseph Onomigho Okpoko (San), Chief Priscilla Kuye,    Alhaji Murtala Aminu And Chief Anthony O. Mogbo.

    Others are the Incorporated Trustees of NBA, Chairman, NBA Electoral Committee Mr. Ken Mozia (SAN), Mr. Oluwaseun Ajoba (Secretary, NBA Electoral Committee) electoral committee members Hajia Safiya Balarabe, Mrs Amaka Ezeno, Mrs. Eucharia Pepple, Grace Infotech Limited, NBA president MR. Augustine Alegeh (SAN) and Mahmoud.

    Gadzama is seeking a declaration that the election was in total violation and disregard of the mandatory provisions of the NBA Constitution 2015, Election Guidelines set down for the said Election fell short of established standards and international best practices, thereby making the said Election null, void and of no effect whatsoever.

    Gadzama is seeking an order nullifying and setting aside the 2016 Nigerian Bar Association Election as it relates to the office/position of the President held on the 30th and 31st July, 2016 which purportedly returned the 15th Defendant as the President.

    He also wants an order directing the first to seventh defendants to set up a newly constituted Electoral Committee of the Nigerian Bar Association (ECNBA) which will issue Guidelines and conduct a fresh 2016 Nigerian Bar Association Election as it relates to the office/position KEYof the President.

    Gadzama is also praying for an order that the election as it relates to the office/position of the President should be held through Electronic voting in all branches of the NBA or at least at the three (3) zonal levels established by the NBA Constitution, 2015 and that results should be collated at branch or zonal levels and transmitted to the ECNBA Secretariat for final announcement.

  • Court strikes out Iduoriyekemwen’s application

    Court strikes out Iduoriyekemwen’s application

    An Abuja High Court on Friday struck out the application of Mr Mathew Iduoriyekemwen of Peoples Democratic Party (PDP) urging the court to dismiss Pastor Osagie Ize-Iyamu suit.

    Ize-Iyamu won the governorship primaries of the Sen. Ahmed Makarfi-led Peoples Democratic Party (PDP), while Iduoriyekemwen won under Ali Modu Sheriff-led PDP.

    Ize-Iyamu sued INEC to explain whether the commission could substitute his name for another if he was not dead or tender a formal withdrawal to contest.

    At the resumed hearing Iduoriyekemwen’s counsel, Mr Ajibola Oluyede, told the court that he had filed an application for joinder and a preliminary objection urging it to dismiss the plaintiff’s suit.

    Oluyede, however, withdrew the preliminary application seeking to dismiss the suit and his application was not opposed.

    Ize-Iyamu’s counsel, Mr Ferdinand Orbih (SAN) urged the court to dismiss the application seeking that his client’s suit for being incompetent and a waste of time to the court.

    Orbih told the court that there was no reason why INEC shouldn’t have filed its processes.

    Earlier, INEC’s counsel, Hassan Umar, said that under the law the matter could not be heard in this court.

    Umar told the court that INEC was waiting for the response to the Aug. 10 application filed by Ize-Iyamu, seeking to join PDP in the suit.

    But, Mr Godswill Mrakpor, Counsel to PDP, told the court that in view of the urgency of the matter his application was ripe for hearing.

    Justice Olukayode Adeniyi, struck out Iduoriyekemwen’s preliminary objection, which asked the court to dismiss Ize-Iyamu’s suit.

    Adeniyi said that based on the agreement of all the counsel in the suit the matter was adjourned till Aug. 16.

    He ordered that all parties to still maintain status quo pending the determination of the motion for interlocutory injunctions.

    The judge ordered INEC to file it submission properly.

  • Lawyers petition CJN over appointments in Abuja High Court

    Lawyers petition CJN over appointments in Abuja High Court

    A group, the  League of Solicitors Against Injustice and Official Victimisation,  has petitioned the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar over alleged promotion of ethnicity in the appointment of administrative and judicial staff by the Chief Judge of Abuja High Court, Justice Ibrahim Bukar.

    The group  urged the CJN to set up a committee to urgently investigate all the fundamental issues raised in their petition.

    In the petition dated December 5, 2013, the group alleged that the Federal Character provision in Sections 13 and 14 of the 1999 Constitution of the Federal Republic of Nigeria was not followed in the appointments made by the Abuja Chief Judge.

    Sections 13 and 14 of the 1999 Constitution states that: “It shall be the duty and responsibility of all organs of government, and all authorities and persons, exercising legislative, executive, judicial powers to conform to, of serve and apply the provisions of this chapter on this constitution.

    And that, “The composition of the government of the federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the Federal Character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from ethnic or other sectional groups in that government or any of its agencies.”

    Justice Bukar, the group alleged, acted in a way to show that he is oblivious of or insensitive to the provisions of the constitution in his recent appointments of staff of the judiciary.

    The lawyers listed  10 departments in the FCT High Court where most of the appointments reflected people from one geo-political part of the country.

    In the petition signed by its executive secretary, Mr. Bamidele Ogundele, the group pointed out that only two of the departments, Planning, Research and Statistics and Litigation are headed by southerners while the remaining eight departments are manned by northerners.

    The petition gave the identity of the departments held by northerners to include Finance and Supply; Administration; Abuja Multi-Door Court; Magistracy; Return Cases; Probate; Information Technology and Library.

    The group alleged  that the Chief Judge retained the Director of Finance, Alhaji Ibrahim Buba,  a retired civil servant because he is on contract.

    They claimed that the only reason for not allowing a serving civil servant to be in that position is because the person who would have occupied it was from the south.

    “Most importantly, the above was the position of things until November 21, 2013, when a new department was created by the Chief Judge from the existing litigation department. The Chief Judge promptly made Hajiya Zainab Mohammed Fufore the head of that department. She is also a northerner.

    “But the fact that she is a northerner is not the problem. The problem is that Hajiya Zainab Mohammed Fufore is not the most senior person to occupy that position. She is on Grade Level 15 as an Assistant Chief Registrar 1 at the FCT High Court when there are more than six people who are senior to Hajiya Zainab Mohammed Fufore and who are on Grade Level 16 as Deputy Chief Registrars”.

    The petition  was copied to the Chairman, Senate Committee on Federal Character; his House of Representatives counterpart; the National Chairman of Nigerian Bar Association (NBA); all members of the National Judicial Council; the Executive Secretary, Civil Liberty Organisation (CLO) and the President, Committee for the Defence of Human Rights (CDHR).

    It posed three questions:

    – What are the criteria for the appointment of contract staff when there are highly competent staffers in the service?

    –  What are the criteria for the appointment of Hajiya Fufore over six highly dedicated senior staffers that had been working tirelessly, relentlessly and assiduously over the years and

    –  Why the incumbent Chief Judge appears to have continued in the ethnic policy of  his former boss (names with-held)?

    When contacted, the Public Relation Officer (PRO), FCT High Court, Mrs. Tabita Kangiwa confirmed the existence of the petition, but stressed that the issues raised in it are not new and are baseless.

    Kangiwa said the court would prefer not to comment on the petition since it is before the NJC and await the outcome of NJC’s handling of the petition.

    An NJC official, who sought not to be named, confirmed that the petition was before the NJC, but advised that all parties should await NJC’s decision on it.

    “NJC will look at the issues raised by the petitioners, call for respnse from the FCT High Court’s management, and reach a decision one way or another.

    “Until that happens, there is nothing I can say about the matter,” he said.

  • Bank chief sued over alleged N459.4m debt

    Union Bank Plc has asked an Abuja High Court to compel a director with Keystone Bank Plc, Maude Aminun-Kano to repay a loan he allegedly  took in 2010.

    It said Aminun-Kano, who  deployed the loan to the purchase of a property in Ikoyi, Lagos, has allegedly neglected to repay the loan.

    Union Bank stated this in  a counter-claim its lawyer, Chimezie Ojiabo filed against a suit by Aminun-Kano.

    The bank averred that Aminun-Kano got a loan of N260 million from it to buy a five bed-room detached house with guest chalet and four room boys quarters located at No 3c Bank Road, Ikoyi, Lagos under the presidential implementation committee on Federal Government Landed Property Scheme.

    It further averred that as at close of work on October 8 last year, Aminun-Kanu’s alleged  total indebtedness, on account of the loan, stood at N459,443,799.29.

    Union Bank denied that Aminu-Kano was  willing to pay the loan. It also denied that any of its  management staff was negotiating with the bank director.

    The bank denied claim that Aminun-Kanu was making plans to repay the loan.

    It stated that seven months after the expiration of the date of repayment, he asked for interest waiver on the loan and in response the bank gave him a concession and asked him to pay N310 million within 60 days as full and final settlement of his indebtedness.

    Union Bank said Aminun-Kano failed to take advantage of the concession granted him, following which the bank appointed Chikwendu Madumere as a debt recovery agent to recover the debt.

    It said despite a letter of demand written to him by Madumere, Aminun-Kano persisted in not repaying the loan.

    “The plaintiff does not want to repay the loan and does not want the bank to realise the security for the loan,” Union Bank stated.

    It described his suit as a “design to use the instrumentallity of the court to frustrate the bank and avoid his obligation to the bank.”

    Aminun-Kano had sued the bank as it began to take steps to sell the property to defray the indebtedness.

    Aminun-Kano claimed in his suit that Union Bank was not entitled to sell the property because the bank’s management was still negotiating with him.

    He prayed the court to order the bank to pay him N5 million as general damages for breach of understanding and inconveniences suffered by him.

    Aminun-Kano further prayed  the court to compel the bank to return to him the certificate of occupancy (C of O) in respect of his house in Abuja, which he used as collateral for the loan.

    Justice Hussain Baba has fixed further hearing for April 25.

  • AMCON yet to vacate Capital Oil’s premises

    A week after an Abuja High Court ordered the Assets Management Corporation of Nigeria (AMCON) to vacate the premises of Capital Oil and Gas Industries Limited, the agency is holding on to the facilities and has directed the police not to allow any of the company’s staff entry into the premises.

    Justice Abdul Kafarati of the Federal High Court, Abuja, had on December 13 vacated its ex-parte order of November 13, 2012, which gave AMCON power to take immediate possession of the properties and assets of Capital Oil and Gas Industries Limited and those of its Managing Director, Mr Ifeanyi Ubah over alleged N48.014 billion debt.

    Following the December 13 ruling, the management of Capital Oil proceeded to resume operation yesterday, but both the management and staff were refused entry by the police guarding the company on orders of AMCON.

    A management staff member of Capital Oil, Mr Ugochukwu Ehighibe, told reporters that “neither the company’s lawyers, nor the embattled Managing Director, Mr Ifeanyi Ubah nor any staff of the company for that matter, has been served with any court order staying the execution of the December 13, 2012 order or a notice of appeal on the court order.”

    Efforts to reach AMCON for comments proved abortive, as text messages and telephone calls to its officials were not replied to.