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Tag: adjourns

  • Court adjourns Ekiti council chairmen’s suit till November 2

    A suit filed by 16 local government chairmen at the Ekiti State High Court to stop their removal from office has suffered another adjournment.

    The council chairmen, led by the chairman of the state chapter of the Association of Local Governments of Nigeria (ALGON), Mr. Dapo Olagunju, filed the suit to stop the new governor, Dr. Kayode Fayemi, from dissolving the council.

    The local government chairmen, who are all Peoples Democratic Party (PDP) members, were elected last December.

    Defendants in the suit are: Fayemi (first), Governor of Ekiti State (second), Attorney General (third), Speaker (fourth) and House of Assembly (fifth).

    Counsel to first and second defendants, Mr. Ibrahim Olarewaju, informed the court of his intent to file a new application.

    The application borders on change of counsel.

    But counsel to the plaintiffs, Mr. Ezekiel Agunbiade, opposed the move, saying the application was premature.

    Counsel to the fourth and fifth defendants, Mr. Adeoye Aribsoye, also declared his intention to file an application.

    Agunbiade argued that the defendants must be put on notice about the change of counsel by the defendants.

    But Justice Abiodun Adesodun, who agreed with the plaintiffs’ counsel that they reserved the right to be put on notice, urged the lawyers to agree on a date.

    The counsel agreed on November 2 for the continuation of the matter.

    Justice Adesodun adjourned the matter till November 2 for the hearing of pending applications.

  • Senate adjourns till July 3

    THE Senate yesterday adjourned plenary till July 3.

    Senate President Bukola Saraki made the announcement.

    The Senate had in the course of the day’s plenary deliberated on declaration of June 12 as public holiday by President Muhammadu Buhari.

    The senate also confirmed Justice Adamu Abdu-Kafarati among other things.

  • Court adjourns National Theatre directors’ arraignment

    The Federal High Court in La-gos has fixed May 14 for the arraignment of five directors of the National Theatre for allegedly receiving N500,000 each from a Federal Government contractor. The alleged offence violates the Code of Conduct Act.

    The defendants are former Acting General Manager/Chief Executive Officer, George Ntanta; Director of Business Development and Events Management, Abiodun Abe; Director of Engineering and Technology, Ndubuisi Nwogu and Director of Planning, Research and Strategies, Doris Okafor.

    Prosecuting counsel, Dr Celsus Ukpong said the defendants, last January 16, being public officers, accepted N500,000 from Market Execution Solutions Ltd, a commercial firm, which had a contract with the Federal Government.

    The prosecution said they accepted the money “on account of transactions entered into on behalf of the Federal Government” with the firm in the discharge of their duties.

    The alleged offence is contrary to section 10 (1) & (2) of the Code of Conduct Act and punishable under Sections 1 (2) and 10 (1) (a) of the Recovery of Public Property (Special Provisions) Act.

    Their arraignment was stalled due to Okafor’s absence. She was said to have taken ill in  court and was rushed to the Military Hospital in Ikoyi.

    Defence counsel Mohammed Adamu said Okafor, wife of a retired Brigadier-General, had “a medical history”.

    “She was admitted at the military hospital. A medical report is here. It was just brought by two soldiers. I apply that the case be adjourned to enable her be present for her arraignment,” he said.

    But Ukpong, a Chief Legal Officer with the Special Presidential Investigation Panel, said Okafor had been in the habit of jumping bail, adding that the Federal Government made unsuccessful attempts to serve her with the charge.

    He said he would have applied for a bench warrant were it not for her lawyer’s willingness to accept the charge on her behalf.

    “She has been evading service. The medical report may be a subterfuge to evade service,” he said.

    Adamu disputed Ukpong’s claim.

    He told the judge that the defendants got wind of the case that morning from colleagues at the National theatre.

    According to him, they rushed to the court’s premises and found their names displayed as defendants on the electronic notice board, following which they hurriedly contacted him to represent them when the case was called up.

    He tendered an eight-paragraph notice of preliminary objection to the charge, which stated, among others, that the defendants “never jumped administrative bail,” at the SPIP office.

    Justice Muslim Hassan ruled that he would adjourn since the other defendants could not be arraigned in Okafor’s absence.

    He adjourned till May 14 for arraignment.

  • Court adjourns Dariye’s ‘N1.162b fraud trial’

    Court adjourns Dariye’s ‘N1.162b fraud trial’

    A Federal Capital Territory (FCT) High Court in Gudu yesterday adjourned the trial of ex-Plateau State Governor Joshua Dariye till October 10.

    Dariye is facing a 21-count  charge of diverting and  laundering N1.162 billion ecological fund.

    His new counsel, ex-Federal Attorney-General Mr. Kanu Agabi, asked for the adjournment to study the case.

    “I am appealing for the last time and beg you on my knees. I have also pleaded with Rotimi Jacobs, grant us one more adjournment to get acquainted with the case,” Agabi said.

    But Economic and Financial Crimes Commission’s (EFCC’s) prosecuting counsel Jacobs  told the court that the case had lingered.

    He noted that the judge advised the defendant to bring a lawyer, who will continue the case when his former counsel withdrew.

    Jacobs said the defendant called 16 witnesses, but yet to close his case.

    He reminded the court that it was while Agabi was federal attorney-general that Dariye was arrested.

    According to him, the United Kingdom has refunded some stolen funds recovered from Dariye to the Federal Government.

    “How can he then come and appear as defence counsel?” Jacobs queried.

    But Justice Adebukola Banjoko granted the adjournment ’’in the interest of justice.’’

    She said she expected the defence counsel to honour his word and study the case.

    “Now that you are here, I know you will live up to expectation,” Banjoko said.

    The judge ordered that the new counsel be furnished with records of proceedings to enable him get acquainted with the case.

     

  • Court adjourns winding-up suit against Japaul Energy

    The Federal High Court has adjourned a suit by a company, AYM Shafa Limited, against Japaul Energy Limited over its alleged failure to repay a N153million debt.

    AYM Shafa, in a petition, is praying that Japaul Energy be wound up for being insolvent and unable to pay its debts.

    The petitioner said it paid Japaul Energy N153,200,000 for the supply of two million litres of Premium Motor Spirit (petrol), to be delivered between last October 5 to 12.

    AYM Shafa said Japaul Energy claimed that the product was already on ground in a tank farm in Calabar, adding that the contract was entered on the assumption that the product was available for supply.

    The petitioner, through its lawyer Chris Ekemezie, said Japaul Energy failed to supply the product despite repeated demands. It said said when it got to the tank farm, it discovered that Japaul Energy had no PMS stored.

    AYM Shafa said after two months of the respondent’s failure to supply the product, it demanded a refund of the money; Japaul Energy, it said, promised to “process” and make the refund.

    “Despite this undertaking to refund the money and several other oral and written entreaties, three months after, Japaul Energy still has refused, failed and/or neglected to do so, thereby putting the petitioner in a financial quagmire,” AYM Shafa said.

    The petitioner said it learnt that Japaul Energy never had the product on ground to supply, contrary to its “misrepresentation”.

    AYM Shafa’s Depot Supervisor Isyaku Yahaya, in a counter-affidavit, said: “I know that the applicant is indebted to a lot of companies as well and not just to the petitioner. The only reason it has failed to pay back the money is because it is insolvent and incapable of paying its debts.”

    He added that the expected date of delivery, which was April 24, had long passed with Japaul Energy still unable to commence the product’s delivery. The petitioner accused the respondent of frustrating all attempts to resolve the dispute

    But, Japaul Energy said it is “very solvent given her various on-going transactions with customers across Nigeria.”

    It said the money in its bank accounts “are far more than the amount of money involved in the contract…”

    The company said there was only a delay in supplying product and it was not a case of inability to pay debt.

    “Due to the prevailing conditions of petroleum products scarcity as is well known in the public domain, the respondent/objector could not meet up with the supply of the product within the time agreed by parties,” Japaul Energy said.

    Justice Ibrahim Buba adjourned till June 8 for settlement or definite hearing should Japaul Energy fail to pay the debt.

  • Olanusi: Court adjourns till Jan 20

    Olanusi: Court adjourns till Jan 20

    An Akure High Court in Ondo State has adjourned hearing till January 20 in the case by former Deputy Governor Ali Olanusi, challenging his impeachment.

    Justice Rotimi Olamide adjourned after Olanusi’s counsel Olusola Oke moved an application asking for the court’s leave to enable him file an amended originating summon to replace the one filed by Olanusi’s former counsel.

    The Attorney-General and Commissioner for Justice, Eyitayo Jegede (SAN), who appeared for the respondents with the Director of Civil Litigation, A. Akinrinsola and the Deputy Director Civil Litigation, Taiwo Olubodun, did not oppose the application.

    Granting the application, Justice Olamide gave the claimant three days to file a fresh application and approved 14 days for the defendants to file consequential response to the originating summons.

    Oke said: “When I was given the brief, I saw two reliefs which will compel us to take some steps in terms of joining some individuals, who are not part of the case.

    “After consulting with the lead counsel, Niyi Akintola, we concluded that instead of bringing in more people, waste time and bring undue complication; we should delete the two reliefs. Deleting the two reliefs will not affect the substance of our case, which is about the impeachment of the claimant.”

  • Delta governorship election tribunal adjourns over uncertified INEC documents

    The Delta State Governorship Election Petitions Tribunal yesterday upheld an application by the governorship candidate of the All Progressive Congress (APC), O’tega Emerhor, for adjournment of proceedings after it was discovered that INEC did not endorse the documents tendered before the tribunal.

    At the hearing in the substantive suit, counsel to APC governorship candidate Thompson Okpoko (SAN), informed the tribunal that he observed that the documents, which were subpoenaed, did not have the signature of INEC’s administrative secretary, Mr Thomas Ongele.

    Joined in the suit are Governor Ifeanyi Okowa, 1st respondent; PDP, 2nd respondents; while the 3rd, 4th and 5th respondents are (INEC, REC, and Returning officer) respectively.

    He urged the tribunal to grant an adjournment to enable INEC regularise the signatures on the certified true copies of the polling unit by polling unit results.

    His said, “In the course of the sorting through the documents by our juniors, I discovered that the INEC official who certified the documents used rubber stamp. He is the administrative secretary, a lawyer who should know what to do. “This can be regularised if the tribunal can make him come to sign the documents in the open court. My application is that the honourable tribunal directs the man to come and sign the documents in court.”

    But Okowa’s counsel Dr Alex Izinyon (SAN) objected, arguing that adjournments are not granted as a matter of course.

    He said the APC petition was filed about one month ago, arguing that the tribunal has ruled on the use of rubber stamp earlier.

    He urged the tribunal to invoke Order 46 of the Electoral Act and close the case ‘if the petitioner is not interested in the petition’.

    Counsel to the PDP, Mr Timothy Kehinde (SAN) also opposed the granting of the application, arguing that the application is meant ‘to overreach the 2nd respondent and to keep this matter from being determined.’

    He sad the documents were certified and given back on February 15th by the 3rd respondent, submitting that: “it is an act of bad faith for the petitioner to claim that they discovered some imperfections in the certificate.”

    He said the options available to the petitioner was to tender the documents as they are, close the case or call the other witnesses and allow the matter to go on.

    He argued that the petitioner cannot enjoy the tribunal’s discretion for any form of adjournment, citing Order 19 rule 5, which prohibits the tribunal from granting more than three adjournments to any party in a case.

    INEC’s counsel, Damien Dodo (SAN) also opposed the application, arguing that had the petitioner been vigilant, the error would not have occurred.

    But the APC’s counsel argued that “my witnesses will not have the opportunity of testifying on what the documents are for. The endorsement of the documents by the INEC official is the only practical way that justice can be served. If a petition is thrown out because a document was not signed, that will be turning justice on its head. I assure that nothing will be lost if the matter is adjourned.”

    Justice Nasiru Gunmi adjourned till September 4th for continuation of the matter.

  • Court adjourns Rivers suit indefinitely

    Federal High Court sitting in Port Harcourt, the Rivers State capital, has adjourned indefinitely the suit asking it to restrain the Independent National Electoral Commission (INEC) from releasing the voters register to the State Independent Electoral Commission (RSIEC) and the government for the local government elections.

    Justice Lambo Akombi adjourned indefinitely yesterday, following the report of the counsel to RSIEC and the government, Beluolisa Nwofor (SAN), that an appeal was before the Court of Appeal challenging the jurisdiction of a Federal High Court in a matter concerning a council poll.

    Nwofor said there was a motion on notice restraining further injunctions/proceedings on the matter by the High Court, until the higher court would have determined the matter.

    According to him, a Federal High Court has nothing to do, by jurisdiction, in a matter concerning local government and is not qualified to hear it.

    Addressing reporters after the sitting, counsel to the Peoples Democratic Party (PDP), Emma Aguma, confirmed that his clients were in court to restrain INEC from handing over the register to RSIEC or the state government for the conduct of a local government election.

  • Court adjourns suit seeking to disqualify Osinbajo till March 30

    Court adjourns suit seeking to disqualify Osinbajo till March 30

    A federal High court sitting in Lagos, yesterday adjourned till March 30, 2015, the hearing of a suit seeking to disqualify the Vice Presidential candidate of the All Progressives Congress (APC), Prof. Yemi Osinbajo from contesting today’s presidential election.

    The suit, number FHC/CS/L/389/2015, was filed by one  Chief Adebayo Adeyiga on Thursday at the Lagos Judicial Division of the Federal High Court.

    The trial judge, Justice J. C. Aneke adjourned the case, following the failure of the plaintiff and his lawyer to appear in court.

    It was alleged in the suit that Professor Osinbajo is in contempt of court pending in a Lagos High Court.

    The applicant, Adeyiga had prayed the court to bar Prof. Osinbajo from contesting the election, holding today across the country.

    However, when the ex-parte motion praying to have Osinbajo’s name deleted from the ballot came up for hearing yesterday morning, neither the plaintiff nor his lawyer was in court.

    Professor Osinbajo, who got a wind of the case Thursday  night, was represented in court by a team of lawyers, including four senior counsels,  namely Mr Femi Atoyebi (SAN), Mr. Femi Falana (SAN), Mr. Kola Awodein (SAN) and former Attorney General of Edo State, Chief Charles Edosonwam (SAN).

    Falana said that since the plaintiff’s lawyer was not in court, the trial judge, Justice J. C. Aneke, adjourned the case till March 30, 2015.

  • Court adjourns Buhari’s eligibility suits to April 22

    Court adjourns Buhari’s eligibility suits to April 22

    •Refuses to join new parties 

    Justice Adeniyi Ademola of the Federal High Court, Abuja has adjourned further proceedings in all suits relating to alleged failure of the presidential candidate of All Progressives Congress (APC), Muhammadu Buhari, to submit his certificate of academic qualifications, to April 22 and 23.

    There are four of such cases before the judge.

    The plaintiffs in all the suits have similar prayers and contentions.

    They want the court to declare Buhari ineligible to contest in the election on the basis of his alleged failure to submit his certificate of academic qualifications along with his Form CF001 to the Independent National Electoral Commission (INEC).

    Adjourning yesterday, the judge said it was impossible for the court to conclude the case before the elections and that there was no need for the court to be in haste to determine the case, because it could always do so after the elections.

    Justice Ademola said the decision to adjourn to April was because of the approaching Easter vacation of the court.

    Justice Ademola said this shortly after delivering a ruling in the suit by Chukwuweike Okafor and another against Buhari and two others.

    The judge, in the ruling, dismissed the applications by a Lagos-based lawyer, Ebun-olu Adegboruwa, and Chukwuma Ochu to be made parties in the case.

    The judge said they were not necessary parties in the case.

    While rounding off the ruling, Justice Ademola suo motu (without being prompted) adjourned further proceedings to April 22 and 23.

    In refusing applications by Adegboruwa and Ochu, the judge held that they were not necessary parties, busy bodies and meddlesome interlopers, whose presence in the case was unnecessary.

    Aside the suit by Okafor, the other three similar cases are by Ayakeme Whiskey, Max Ozoaka and the last by Nnamdi Nwokocha Ahaaiwe.

    It is part of their contention that Buhari’s failure to submit his certificate of academic qualifications contravened provisions of sections 131 and 318 of the 1999 Constitution and Section 31(3) of the Electoral Act, 2010.