The Nation Newspaper

Tag: Activist-lawyer Ebun-Olu Adegboruwa

  • Judge withdraws from Adegboruwa’s case

    Judge withdraws from Adegboruwa’s case

    Justice Oluremi Oguntoyibo of the Federal High Court in Lagos Friday withdrew from the trial of activist-lawyer Ebun-Olu Adegboruwa.

    She said would return the case file to the Chief Judge, Justice Ibrahim Auta, for re-assignment to another judge.

    Justice Oguntoyibo said she was withdrawing from the case for “personal reasons.”

    The Economic and Financial Crimes Commission (EFCC) arraigned Adegboruwa last May 12 for allegedly dealing in a seized property.

    Two witnesses have testified in the case out of nine listed by the EFCC.

    The human rights lawyer was charged under Section 32 (1) of the EFCC Establishment Act 2004.

    It reads: “Any person who, without due authorisation by the Commission, deals with, sells or otherwise disposes of any property or assets which is the subject of an attachment, interim order or final order, commits an offence and is liable on conviction to imprisonment for a term of five years without the option of a fine.”

    The commission said Adegboruwa and Jonathan Udeagbala, said to be at large, committed the alleged offence on August 13, 2013 in Lagos.

    The defendant allegedly conspired to lease the property at House 105, NICON Town Estate, Lekki.

    EFCC said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012.

    Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65, which was credited to his Zenith Bank account, with number 1010240758.

    The lawyer pleaded not guilty to the charge and denied the allegation, saying there could not have been a freezing order on the property because the substantive case had been dismissed.

    With Justice Oguntoyibo’s withdrawal, it means the case may begin afresh before a new judge.

    Adegboruwa had last week withdrawn a suit he filed at the court to restrain Mr Ibrahmi Magu from parading himself as the Acting EFCC Chairman.

    The lawyer said he was dropping the case in order to encourage Magu in the anti-corruption campaign.

    Adegboruwa had sought an order “directing the fourth defendant, Ibrahim Magu, to vacate, relinquish and surrender his office as Acting Chairman of the EFCC.”

  • Police cannot ban 2Baba’s rally, says Adegboruwa

    Police cannot ban 2Baba’s rally, says Adegboruwa

    Activist-lawyer Ebun-Olu Adegboruwa Thursday said the police cannot stop the planned February 6 mass rally organised by popular musician 2Face Idibia (2Baba).

    He was reacting to reports credited to the Lagos State Commissioner of Police declaring that the rally slated for Monday would not hold.

    Adegboruwa said he considers it to be an attempt to intimidate those who wish to partake in the rally.

    “For the information of the police commissioner, Nigeria is a democratic country governed strictly in accordance with the provisions of the 1999 Constitution.

    “Section 39 of the Constitution grants freedom of expression, including the right to be heard and to disseminate information and ideas.

    “Section 40 grants the right to associate and gather together. Section 38 grants the right to freedom of movement and peaceful assembly.

    “I believe that Mr. Fatai Owoseni has a copy of the Constitution, to guide his actions and utterances on this matter, instead of threatening innocent and law abiding citizens, who are responsible for his salary,” Adegboruwa said.

    According to him, the issue of police permit for citizens to gather freely expired with the coming into force of the 1999 Constitution.

    “We cannot now go back to the military era of shutting up citizens from legitimate expressions. I, therefore, urge the good people of Nigeria, especially those who reside in Lagos, to join us en mass at Ikeja, for the rally on February 6, 2017.

    “We cannot be intimidated in our own country, by the same people who are paid to protect us. This is not a rally by miscreants or thugs as to warrant the fears being expressed by the police commissioner. The statutory duty of the police is to offer us protection on Monday and help to maintain orderliness, throughout the period of the rally.

    “So come rain or shine, we shall hold the rally on Monday, as scheduled, because it is illegal for the police to seek to ban a lawful assembly,” Adegboruwa added.

  • Adegboruwa writes Ambode over officials’ ‘invasion’ of jetties

    Adegboruwa writes Ambode over officials’ ‘invasion’ of jetties

    Activist-lawyer Ebun-Olu Adegboruwa has petitioned Governor Akinwunmi Ambode over an alleged invasion and forceful takeover of Tarzan Jetties by state officials.

    The lawyer said his client, Gani Tarzan Marine Enterprises Nigeria Limited, owned by Ganiyu Shekoni Balogun, has been operating water transport in  Lagos for decades.

    He said the company had negotiated with and secured permits, approvals and licences from both the state and Federal Government to use certain locations in Lekki, Badore, Ikoyi, Ijede, Oworonshoki, Ebute-Iga, Elegbata and Victoria Island as jetties for water transport and boat yard.

    Adegboruwa said his client paid the necessary fees to the Lagos State Ferry Services Corporation as well as N5million for licence as ferry operator, which was issued by the Lagos State Waterways Authority.

    The lawyer said officials of the Lagos State Waterfront Ministry and the Lagos State Waterways Authority, with armed policemen, swooped upon Tarzan’s Ikoyi jetty on June 17 without prior notice.

    “All efforts made by our client to verify the cause of the sudden invasion were rebuffed, as the invaders claimed that they were acting on the orders of His Excellency, the Governor. They took photographs, made video recordings and left.

    “Not long thereafter, they came back to the Ikoyi jetty around 4pm to post a sticker, which demanded that structures and boats on the land be removed within 24 hours!

    “Our client had earlier on June 10, 2016, filed Suit No./FHC/L/CS/788, at the Federal High Court, Lagos, against Lagos State to restrain the government and its agencies from forceful eviction.

    “Around 8am on June 18, 2016, Lagos State government officials stormed our client’s jetty at Ikoyi, with armed policemen, with bulldozers, with cranes, low bed carriers, trucks, lifters, etc, and commenced demolition of vital structures in the jetty. They lifted about 15 boats parked within the premises, some of which were wilfully damaged,” Adegboruwa said.

    He said his client has also filed a fresh suit against forceful eviction, adding that the appropriate thing to do is to await the determination of the appeal and fresh suit, and not for state officials to take the laws into their own hands by embarking upon illegal demolition of structures in Tarzan’s jetty.

    “The attempts to arm twist our client into surrendering its jetty to LASG, without following the due process and while a case filed in court is still pending, should not be encouraged by Your Excellency, who has so far been associated with a firm commitment to the rule of law.

    “It was this rule of law that Your Excellency leveraged upon to consolidate the governorship position, when the Supreme Court upheld your election. We urge Your Excellency to resist the temptation to turn against the Courts and give room for lawlessness through self-help.”

    Adegboruwa said the issue of control and management of inland waterways should be harmonised between Federal Government and Lagos.

    “It is, thus, unfair for the Lagos State Government to deny our client the use and occupation of his jetties only because he chose to pay the requisite fees to the Federal Government as it had also paid to the Lagos State. Citizens should not be hemmed in between administrative feuds of government agencies.

    “It is not the making of our client that there seem to be some contention between Lagos State and the Federal Government on the management and control of inland waterways. Until that is resolved, our client should be protected and accorded its rights and privileges, based on the existing agreement between the parties,” the lawyer wrote.

  • Adegboruwa sues FG over deadly Biafra protests

    Adegboruwa sues FG over deadly Biafra protests

    Activist-lawyer Ebun-Olu Adegboruwa has urged the Federal High Court in Lagos to restrain the Federal Government from authorising soldiers and policemen to invade Biafra protests, which often leads to human casualties.

    He is praying for a declaration that he and every citizen are entitled to assemble freely and express their opinions lawfully in the exercise of their fundamental rights guaranteed by sections 39 and 40 of the 1999 Constitution.

    He said the violation of such rights, which are also guaranteed by Articles 2, 3, 4, 5, 6, 7, 9, 10 (1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights, is illegal, unconstitutional, null and void.

    President Muhammadu Buhari, the Federal Republic of Nigeria, the Attorney-General of the Federation, the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff are the respondents.

    Adegboruwa is praying the court to hold that members of the Independent Peoples of Biafra (IPOB), are entitled to assemble in any part of the country for the purpose of demanding self-determination without any permit or licence.

    The lawyer is praying the court to declare that the arrest, detention and killing of innocent and unarmed citizens in Anambra, Enugu, Imo, Abia and Ebonyi states while gathering in Nkpor, Ifite-Dunu and Nnewi in Anambra State on May 30 to commemorate the International Biafra Heroes’ Remembrance Day by the respondents’ agents is illegal.

    He said the arrest and shooting of the citizens over their “peaceful and lawful gathering” in respect of Biafra constitutes a flagrant violation of their fundamental rights and is therefore null and void.

    Adegboruwa wants the court to hold that the citizens are entitled to their freedom of expression and right to peaceful assembly and association without let or hindrance from the respondents.

    The lawyer urged the court to hold that since Nigeria is entitled to hold “Armed Forces Remembrance Day” in remembrance of dead soldiers during the civil war, the citizens are also entitled to hold and organise “Biafra Heroes’ Remembrance Day” without any threat to their liberty and freedom.

    He asked the court to grant an injunction the Federal Government from further violating the fundamental rights of the citizens through unlawful arrest, detention and killing except and in a manner permitted and sanctioned by law.

    The court, he prayed, should hold that the respondents are not entitled to quell, suppress, subdue and crush a peaceful gathering of the citizens in commemoration of Biafra Heroes’ Remembrance Day.

    He sought an order directing the respondents to release forthwith all detained innocent citizens of Anambra, Enugu, Imo, Abia and Ebonyi state held over the International Biafra Heroes’ Remembrance Day.

    According to Adegboruwa, unless the court acts urgently to restrain the respondents, they would “continue to kill and maim IPOB members and stop other Nigerians from expressing themselves.”

    No hearing date has been fixed for hearing.

  • Adegboruwa denies fraud charge, faults arrest

    Adegboruwa denies fraud charge, faults arrest

    Activist-lawyer Ebun-Olu Adegboruwa Wednesday denied the allegation by the Economic and Financial Crimes Commission (EFCC) that he dealt in a forfeited property based on a court order.

    He said there could not have been a freezing order on the property because the substantive case had been dismissed.

    In a statement by his firm, Adegboruwa & Company, the lawyer said: “At all material times, our law firm was not aware of any interim order of attachment obtained by the EFCC on the property.

    “With the ruling of Hon. Justice D.O. Oluwayemi which dismissed the main criminal charge, there can be no subsisting order of attachment as something cannot be placed on nothing and be expected to stand.”

    Adegboruwa recalled that in May 2013, his law firm was approached by Mrs. Sylvia Udeagbala to represent her husband in a criminal case.

    He said it followed a petition to EFCC by Chief Leonard Okafor who is from the same town as Udeagbala.

    According to Adegboruwa, Udeagbala had asked Okafor to invest in a telecoms business, but the business did not succeed.

    Okafor demanded a refund of his investments. Udeagbala issued him several cheques, which allegedly bounced. A criminal charge was then filed against Udeagbala for allegedly issuing dud cheques.

    As a way of resolving the dispute, Udeagbala decided to lease his five-bedroom duplex in Nicon Town Estate in the Lekki area of Lagos to offset the debt.

    A tenant, Shelf Drilling Co Ltd, took a five year long lease of the property for about N11million per annum, the lawyer said.

    Adegboruwa said the money was distributed as follows: Okafor, N35million; Udeagbala, N12million; renovation, N8million; agent fee, N2.5million and legal fee, N2.5million.

    “When EFCC got to know that the said property had been let out to Shelf Drilling for five years at the rate of N10million per annum, they told Shelf Drilling that the earlier money paid had been forfeited.

    “EFCC then asked Shelf Drilling to pay N12million per annum. A sum of N24million has so far been collected by EFCC. In fact, we are informed that as at yesterday (Tuesday), 10th May, 2016, EFCC served the tenant another invoice for rent for 2016.

    “Part of the terms of settlement was that Chief Okafor would withdraw his petition to the EFCC, which he did through a letter of withdrawal written by his lawyers Atuegwu Egwuatu & Associates dated 19th August, 2013, and which was received by the EFCC on 17th September, 2013.

    “Consequent upon the withdrawal, the criminal charge was dismissed by the High Court on 17th December, 2015, in a well considered ruling delivered by Hon. Justice D.O. Oluwayemi. The EFCC is aware of this.”

    Adegboruwa said his arrest is not due to “a dead case”, but because he has been critical of the Muhammadu Buhari administration and because of his involvement in the cases of ex-Niger Delta militant Chief Government Ekpemupolo (Tompolo) and former President Goodluck Jonathan’s cousin Azibaola Robert, both of whom he represents against charges by EFCC.