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Tag: Adoke

  • AGF denies funding anti-election lawsuit

    AGF denies funding anti-election lawsuit

    The Office of the Attorney-General of the Federation on Friday denied that the Minister of Justice, Mr. Mohammed Bello Adoke(SAN) is funding alleged N2billion anti-election lawsuit.

    It said the minister remains committed to the conduct of free, fair and credible elections and within the time frame clearly stipulated in the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act.

    It said having been aware of the experiences of his predecessors in office, Adoke has refrained from partisanship.

    It clarified that the office of the Attorney-General of the Federation has not received N2billion to facilitate the filling of lawsuits to postpone, terminate the elections or disqualify any candidate.

    It said the AGF has ordered the withdrawal of an affidavit, purportedly from the Federal Government, against the use of Permanent Voters Cards during the forthcoming elections.

    The OAGF made the clarifications in a statement issued by the Senior Special Assistant to the Honourable Attorney-General of the Federation and Minister of Justice, Prof. Peter Akper.

    The statement said: “On Wednesday 4th March 2015, when the Honourable Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN, CFR was attending the High Level Segment of the 28th Session of the United Nations Human Rights Council, in Geneva Switzerland, an online medium (Saharareporters) published an article under the caption: “Attorney General Adoke Secretly Funding Anti-Election Lawsuit Through Cronies.”

    “The article sought to portray the Attorney General as the person actively working in concert with other lawyers (named and unnamed) to scuttle the forthcoming elections through the filing of frivolous lawsuits.

    “What is even more preposterous was the assertion that “the Attorney General had received and was solely managing the disbursement of a war chest of N2billion provided by President Goodluck Jonathan to enable him to recruit a retinue of groups to file lawsuits aimed at further postponement of the elections, their termination, or the disqualification of Muhammadu Buhari, the main opposition candidate.”

    “My first impression after reading the article was to dismiss it as a mere tale emanating from the fertile imagination of some creative minds determined to entertain the polity through the social media.

    “But, upon deep reflection and the unfortunate trust deficit that pervades the polity, I decided to confront the Attorney General who incidentally is my boss, colleague and confidant. I was not surprised that Mr. Mohammed Adoke was equally astounded at the article in much the same way that I was when I read it.

    “I felt quite moved when he responded thus: “Peter! You have worked closely with me for about five years, knowing me the way you do, can you associate me with the antics alleged in the article?” My answer was in the negative. It was after this encounter that I decided to respond to the article and to let the truth be told.”

    The statement said the allegations were meant to harass and intimidate the AGF from discharging his duties.

  • Obasanjo, Adoke frustrating probe of ‘snipers training’, says NHRC

    Obasanjo, Adoke frustrating probe of ‘snipers training’, says NHRC

    The planned investigation by the National Human Rights Commission (NHRC) of the allegation by former President Olusegun Obasanjo that President Goodluck Jonathan was training and arming killer squad for this year’s elections has been frustrated.

    NHRC Chairman  Dr. Chidi Odinkalu, who said this in Abuja at the weekend, blamed the uncooperative attitude of the Attorney General of the Federation (AGF), Mohammed Adoke (SAN), and Obasanjo for the hindrance facing the probe.

    Dr. Odinkalu said the AGF and the former president, who are key to the investigation, refused to honour NHRC’s requests to furnish it with the information and evidence it required to carry out the investigation.

    Obasanjo had, in an 18-page letter to Jonathan in December 2013, accused the president of, among others, keeping over 1,000 people on his political watch list, secretly training snipers and other armed men as well as acquiring weapons for political purposes.

    The NHRC boss said the commission, in trying to afford all concerned the opportunity to make representations, had written to both men twice, but without response from them.

    “What happened was very straightforward. We need materials and evidence from different people. We have written to the attorney general of the Federation to give us his evidence. We have written to General Obasanjo to give us his evidence.  And we have heard from neither side. Now, we have repeated the demand and we have heard from neither side.

    “The process is facts-based. It is evidence-led. We are not going to sit down here and manufacture evidence. We wanted to give everybody a chance before proceeding. Again, we wanted to convene the public hearing. But again, it was close to the elections.

    “So, we took a deliberate decision that we did not want to make that a factor in the elections. After the elections, we are going to convene that hearing. But if the attitude continue, which is that neither side is willing to give us evidence, we will adjourn it sine die (indefinitely),” he said.

    Dr. Odinkalu also explained why the commission decided not to go public on its conclusion in the case of rights abuse made against Enugu State Governor Sullivan Chime by his wife, Clara.

    Mrs. Chime had accused her husband of keeping her incommunicado against her wish on allegation that she was mentally unstable.

    “The commission also has the responsibility to fashion remedies to fit the facts. In the case of the wife of the Enugu State Governor, the most important thing for us was that there is a child, who is barely four years old.

    “We have a responsibility to that child. And everything we have done has been focused on making sure that that child is protected. Everything we did was done in the best interest of that child,” he said.

    The NHRC boss said his commission would undertake an independent investigation into allegations of rights abuses by the opposition, which claimed agents of the Federal Government had bugged telephones and deployed armed soldiers against it.

    “If somebody wants the commission to be involved, he should bring us the materials, give us the evidence or allow us to access the evidence.

    “We have received about 10 petitions on election related violence. We have constituted the most high-powered investigating team this commission has ever instituted to see us through the season of election violence related incidents.

    “We will take everything. We are not going to shirk it. We are going to do our homework and necessary investigations and come out with our findings,” he said.

  • Top 100 lawyers: Olanipekun, Adoke, Adegbonmire, others unveiled

    A list of the first-ever nationwide ranking of pre-eminent lawyers has been unveiled in  a book, Nigeria’s Top 100 Lawyers listing.

    The full list of the 100 top lawyers features leading litigators, transactional lawyers and lawyers in the academia who have shaped the legal industry over the years.

    They include acclaimed litigators Chief Wole Olanipekun (SAN) and Mr. Rickey Tarfa (SAN), Attorney-General & Minister of Justice Mohammed Adoke (SAN), and ‘new kid on the block,’ Mr. Adeniyi Adegbonmire.

    The ‘old guard’ was represented by Nigeria’s oldest surviving Senior Advocate, Chief Richard Akinjide (SAN), Prof. Ben Nwabueze (SAN), Prof. Alfred Bandele Kasunmu (SAN), Chief F. O. Akinrele (SAN) and

    Chief George Uwechue (SAN) among others.

    From the human rights community are notably Dr. Olisa Agbakoba (SAN) and Mr. Femi Falana (SAN), even as women lawyers held down some positions through renowned arbitrators such as Mrs. Funke Adekoya (SAN), Mrs. Dorothy Ufot (SAN), and Mrs. Adedoyin Rhodes-Vivour.

    While the list is perhaps expectedly dominated by Senior Advocates of Nigeria, several non-SANs muzzled their way into the listing, a clear indication that legal excellence can be found anywhere. Among the non-SANs who also made the list are respected solicitors such as Messrs Asue Igbodalo, Lawrence Fubara Anga and Bankole Sodipo.

    According to Emeka Nwadioke, editor of the compendium designed to celebrate the selectees, the ranking – to be published every year –”follows months of research and nationwide peer survey by our

    editorial team.”

    Nwadioke said the all-gloss compendium highlighting the career paths and accomplishments of the selectees will be released this month. The foreword to the over 100-page compendium was written by renowned Justice Emeritus of the Supreme Court, Hon. Justice George A. Oguntade (CFR).

  • Adoke loses bid to try Trade Fair staff

    The Attorney- General of the Federation (AGF) and Minister of Justice, Mohammed Adoke (SAN), has lost his bid to stop the trial of five former employees of the Lagos Trade Fair Complex accused of stealing N247, 746, 097.31.

    Justice Kudirat Jose of a Lagos High Court sitting in Ikeja, last week, dismissed an application by the AGF, seeking to stop the court in the trial of the five former employees of the Lagos Trade Fair.

    The defendants in the matter are Bassey Eyamba; Francis Dajilak; Lazarus Okocha; Barnabas Kolo and Eunice Okafor.

    The Economic and Financial Crimes Commission (EFCC) had arraigned the suspects before the court for stealing over N247 million belonging Professor Chika Nick Eze.

    They were in late 2013 arraigned by the EFCC over charges bordering on conspiracy and stealing.

    They were said to have committed the offences on various dates between 2009 and 2012

    The EFCC had alleged that the defendants fraudulently obtained various sums of money from tenants  by renting and selling some plots of land owned by the Trade Fair complex.

    The victim of the fraud, Professor Chika Nick Eze, who petitioned the EFCC, had narrated to the court how the alleged crime was perpetuated by the defendants.

    Prof. Eze insisted that the defendants kept collecting rents even after the complex has been given to his company, Pulic Nigeria Limited, a real estate management and development company, to manage.

    The offences, the EFCC said, contravened Sections 390 (6) and 516 of the Criminal Code, Laws of Lagos State, 2003.

    However, the AGF, through its counsel, Mr D.E. Kaswe, had at the last hearing of the matter, filed a nolle proseque (notice of discontinuance) before the court.

    Kaswe, a Senior Counsel, said he had instructions to withdraw the matter from the court.

    Citing Section 174 of the 1999 Constitution of the Federal Republic of Nigeria, Kaswe had told Justice Kudirat Jose of Lagos High Court, Ikeja, that his chambers had filed a notice of discontinuance before the court.

    According to him, “in the exercise of his powers the office of the Attorney-General of the Federation has entered a nolle proseque in this matter. I, therefore, urge Your Lordship to deem the notice as proper and the court should discontinue the suit.”

    Kaswe said the AGF had, therefore, exercised his power in accordance with Section 174 of the Constitution and urged the court to discontinue the case.

    Opposing the application, the EFCC counsel, Mr Anslem Ozioko, argued that the AGF had no power to discontinue a case filed under state laws.

    In her ruling, Justice Jose upheld EFCC’s argument.

    The judge noted that the powers of the AGF and the AG of a state were distinctly spelt out in the Constitution.

    She said: “Section 211 (a) of the 1999 Constitution is clear with respect to this matter. It is only the Lagos AG and not the AGF that can enter a nolle proseque with respect to this suit. The EFCC has the fiat of Lagos State Attorney General to prosecute this matter and that fiat has not been withdrawn.”

    Justice Jose adjourned the matter till February 16, next year for trial.

    Counsel to the petitioner, Victor Opara described the ruling as “a landmark decision, intellectually sound and judicially unassailable. The ruling has shown that the AGF and AG of states has limited scope of operation and constitutionally stipulated area of operation regarding the exercise of power of discontinuousof criminal proceedings.”

  • Adoke, IGP insist Tambuwal ‘no longer Speaker’

    Adoke, IGP insist Tambuwal ‘no longer Speaker’

    The Attorney General of Federation and Minister of Justice, Mohammed Adoke (SAN) and the Inspector General of Police (IGP), Suleiman Abba, on Friday argued that the Speaker of the House of Representatives, AminuTambuwal, has ceased to be a member of the House by virtue of his defection to another party and is no longer entitled to rights and privileges associated with that position.

    The duo while justifying the withdrawal of Tambuwal’s security details, contended that having defected from the party that sponsored him, he has lost his membership of the House and “automatically ceased to be the Speaker.”

    They argued in a joint counter-affidavit filed in response to the originating summons sent to the court by Tambuwal, challenging the withdrawal of his security aides, alleged threat by the Peoples Democratic Party (PDP) and its leadership to reconvene the House, declare his seat vacate and remove him as Speaker.

    The case is being heard by Justice Ahmed Mohammed of the Federal High Court, Abuja.

    The AGF and IGP, in the -affidavit filed by their lawyer, Ade Okeaya-Inneh (SAN), argued that they cannot be accused of acting in breach of the Constitution by withdrawing the security aides attached to the Speaker because he is no longer the Speaker as at when the security men were withdrawn.

    They argued that Tambuwal, having defected from the PDP that sponsored his election into the House, and having purportedly ceased to be a member of the House and is Speaker, is now “an ordinary citizen of Nigeria, is not exposed to any danger or bodily harm because of the withdrawal of his security details.”

  • Tambuwal: Court summons Mua’zu, Adoke, Ihedioha, IGP, others

    Tambuwal: Court summons Mua’zu, Adoke, Ihedioha, IGP, others

    A Federal High Court in Abuja on Monday summoned the Chairman of the People’s Democratic Party (PDP), Adamu Mua’zu, the Acting Inspector General of Police (IGP), Suleiman Abba, Deputy Speaker of the House of Representatives, Emeka Ihedioha and four others following a complaint by the House of Representatives Speaker, Aminu Tambuwal, that they were plotting to unlawfully reconvene the House before its December 3 adjourned date.

    Also summoned are the Attorney General of the Federation, (AGF), Mohammed Adoke (SAN), the Independent National Electoral Commission (INEC), and the House of Representatives (who are all listed as respondents in the motion.

    They are to appear before the court on Friday.

    Justice Armed Ramat Mohammed, in a ruling, ordered parties in an ex-parte application filed on Mondayby Tambuwal to maintain status quo pending the hearing and determination of the motion.

    The judge also ordered that an enrolled order of the court, accompanied with a copy of the ex-parte motion be served on the defendants for them to appear in court on Friday and show reasons why the reliefs contained in the ex-parte application should not be granted.

    Justice Mohammed gave the ruling after listening to Jibrin Okutepa and Sunday Ameh (both Senior Advocates of Nigeria) arguments on the motion ex-parte.

    “Having listened to applicant’s counsel and read the processes filed in court, I am of the view that the defendants should be given notice. An exhibit attached to the motion ex-parte shows that there is an urgent need for an order to preserve the res,” the judge held.

    Okutepa (SAN) had, while moving the motion, told the court that “the defendants have concluded plans to summon the House for the purpose of removing Tambuwal as Speaker.”

     

  • Lawyer petitions Adoke, Rights Commission over judicial abuse

    A Lagos lawyer, Mr.Emmanuel Achukwu has petitioned the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), Nigerian Bar Association (NBA) President Augustine Alegeh (SAN) and the Chairman, National Human Rights  Commission (NHRC), Prof. Chidi Odinkalu urging them to end the abuse of judicial processes.

    In the petition, the lawyer protested against his detention by the Special Anti-Robbery (SARS) Squad, Ikeja, and criminal proceedings initiated against him by the Special Fraud Unit of the Police on alleged instigation of a Belgian and companies in the ASCA Group.                                                                                                                      In the petition, a copy of which was sent to the Deputy Inspector-General of Police (DIG) Investigations, Achukwu described his detention on August 31, as “ugly, embarrassing, humiliating, unconstitutional and unlawful.”                                                                                                                                                                             The lawyer claimed that not only has his liberty been severely curtailed, his life and those close to him have been under threat and that his position as a lawyer has been ridiculed.

    According to him, SARS, on August 3, brutalised and arrested an auto-electrician together with his teenage apprentice and the lawyer’s secretary.

    He said they were taken to SARS office at the Police Command, Ikeja and detained.

    The three persons, the lawyer said, were then driven by men of the SARS to Lekki area of Lagos to show his house to them after which they laid siege on his house for about seven hours (3am to 10:30 am) when he left the house to go to church.

    Achukwu said while driving to church with his 12-year-old son, the SARS men blocked his path with a Toyota Highlander SUV “and in a commando style operation, arrested, slapped, handcuffed and chained” his legs, adding that they drove him and his son to Lekki toll gate where they attempted to drop off his son. But upon his strident protest at this inhuman treatment, he said, the SARS men allowed him to get a taxi to take his son home.

    The lawyer claimed that the beating and torture meted on the auto-electrician in an attempt to force him to identify his (lawyer) house led to the electrician being hospitalised. He said he was subsequently detained in a cell in the SARS premises in Ikeja, where hardened criminals and armed robbery suspects were kept (and several pictures of him inside the cell were taken by one of the men from SARS who arrested him) until the morning of September 1, 2014 when officers and men of the Special Fraud Unit of the Nigeria Police Force came to pick him up.

    He was again later to be detained at the Special Fraud Unit of the Nigeria Police Force between Monday, September 1, and Friday, September 5, 2014.

    Achukwu stated that his problem started when a Belgian national and his business partner in the ASCA Group of Companies decided to terminate their business relationship sequel to which negotiations were then brokered by the chamber of the late Chief Gani Fawehinmi (SAN) at Anthony Village, Lagos sometime in 2007.

    He claimed to have rejected an offer by the Belgian national to buy him  out with USD400,000.00 payable in four installments or with USD200,000 payable once (a one-off payment).

    He said he insisted on the full value of the five percent of the value of the companies which he  holds consequent upon which his Belgian partner vowed to ruin him in all respects.

    According to him, his partner’s Belgian Company through their representative in Nigeria on June 11, 2007 briefed their then Solicitors to write a Petition against him to the Economic and Financial Crimes Commission(EFCC), making very frivolous, false and malicious allegations against him.

    He stated that after a very thorough investigation led by Mr. Ibrahim Lamode, then Director of Operations, EFCC,  but that nothing came out of the baseless allegations as the commission refused to prefer any charges against him as it saw he had done nothing wrong. Rather, the EFCC counseled and suggested that the parties should go and resolve same amicably as what they had was a civil/commercial dispute.

    On September 18, 2007, he said that another petition was sent to the NBA on behalf of some of the companies in the ASCA Group against him raising the same allegations to which he replied in 2007 within the period demanded by the association.

     

     

     

  • ‘Adoke didn’t instruct me to withdraw case against Lawal, others’

    ‘Adoke didn’t instruct me to withdraw case against Lawal, others’

    Lagos Lawyer Mr. Wahab Shittu explains the circumstances leading to the withdrawal of the case against a former minister and 11 others. His words:

    Since the instruction to withdraw the matter against former Minister of Works, Hassan Lawal and 11 others from court was communicated to me and implemented, I have been inundated with the enquiries from several quarters, including the media, on the exact role of the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN,CFR. The persistent of such requests and the gross misrepresentations published in the media in that respect forced me to write this rejoinder for the records.

    Ordinarily, I would not have joined issues because having carried out a professional instruction, my job was completed. However, as an officer in the temple of justice, I owe it a duty to clear the air on certain misrepresentations on the purported role of the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN,CFR in the matter. Let me make it clear beyond any shadow of doubt that there is no time did I receive any instruction from Mr. Mohammed Bello Adoke SAN CFR to discontinue the case. Indeed, I was briefed to handle the case by the Economic and Financial Crimes Commission (EFCC) under the then leadership of the Executive Chairman, Mrs. Farida Waziri. The Instruction for me to discontinue the case was given by Mr. Chile Okoroma, Director of Legal Services of the Commission who conveyed the decision of EFCC to that effect.

    I do not think it is necessary for me to attach the said letter of instruction to discontinue as communication therein is privilege, which is the reason I did not tender the letter in the proceeding in the court before the matter was withdrawn. I must make the point that as a law officer, I know it is within the discretion of EFCC to prosecute and not to prosecute any matter. I therefore have no further comment on the discretion exercised by the EFCC in discontinued further proceeding in this matter.

    I must state unequivocally that the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN,CFR neither gave the instruction to withdraw the proceeding nor interacted with me in any manner concerning this case. Consequently, any purported comments which sought to impugn the integrity of Mr. Mohammed Bello Adoke, SAN CFR on the matter will not only be uncharitable but also unfair.

    I made these comments not holding brief for Mr. Adoke SAN, he is competent to defend himself but to put issues in the proper perspective for the records.

  • Adoke, CJ seek commitment from judges

    Adoke, CJ seek commitment from judges

    Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke (SAN) and the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ibrahim Bukar have urged judges to remain committed to their code of conduct and other virtues expected of judicial officers as courts in the country begin their legal year.

    They spoke in Abuja at an event to mark the beginning of the legal year of the High Court of the Federal Capital Territory (FCT).

    The AGF, who assured of the Federal Government’s commitment to reforming the criminal justice system for effectiveness, disclosed that both chambers of the National Assembly have passed the much awaited Administration of Criminal Justice Bill, now awaiting harmonisation. The Bill seeks, among others, to end delay in criminal trial by courts.

    Justice Bukar observed that this was an era of increasing challenges, requiring that all those involved in justice administration must do their best to see that justice does not elude anyone.

    He said: “At times such as this, we take pride in the fact that the rule of law remains an indefatigable pillar of our society. If we are able to continue our sustained struggle to see that justice does not elude anyone, then we would have been able to do all that the society expect from us.”

    Adoke, who was represented by a Senior Special Adviser, Prof Peter Akpeh (SAN) said the Federal Government has put in place necessary measures to secure all judges in view of the importance of their roles.

    Justice Bukar said the management of the High Court of the FCT, under his leadership has put in place necessary measures to ensure speedy adjudication of cases, boost staff morale and improve the performance of judges and other judicial officers within its jurisdiction.

    He said during the last legal year, judges were exposed to international training and the jurisdiction of the Magistrate and District Courts were expanded to enable them attend to more cases, while issues affecting other staff were attended to.

    Justice Bukar noted that 14, 969 cases were disposed, while 11, 606 are pending before the court out of the 26,575 cases recorded in the court during  the last 2013/2014 legal year, of which, 6, 946 were brought forward from the preceding year.

    On steps to enhance speedy administration of criminal justice, Justice Bukar said: “We have designated all the court houses in Apo to attend to criminal cases. Consequently, moving inmates around the FCT has become needless as with one stop, all inmates can be before their court.”

    He lent his voice to the call for an increased funding for the judiciary, while urging judges to continuously update their knowledge in order to discharge their duties satisfactorily.

    Adegboyega Awomolo (SAN), who spoke on behalf of the body of Senior Advocates of Nigeria (SANs), commended the court for its achievements, urging it to speed up the delivery of rulings and judgments.

  • Sanusi’s suspension: Judge preaches amicable settlement

    The President of the National Industrial Court (NIC) Justice Babatunde Adejumo, on Friday advised President Goodluck Jonathan, the Attorney General of the Federation (AGF), the Inspector General of Police (IGP) and the former Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi to explore an amicable settlement of the dispute caused by Sanusi’s suspension from office.

    Justice Adejumo gave the advice at the resumed hearing of the suit filed by Sanusi to challenge the propriety of his suspension from office by President Jonathan prior to the expiration of his tenure.

    President Jonathan suspended Sanusi on February 20 following which he sued the President, the AGF and IGP at the Federal High Court, Abuja, challenging his suspension and seeking to restrain the defendants from arresting and prosecuting him.

    Justice Gabriel Kolawole of the Federal High Court, Abuja declined jurisdiction over the case and transferred it to the NIC. Parties were expected to argue their applications for stay of proceedings on Friday only for plaintiff’s lawyer, Kola Awodein (SAN) to inform the court of his intention to consult his client before taking any further steps in the case.

    Awodein noted that between the last date and Friday, some developments have occurred relating to the plaintiff to necessitate his lawyers taking further instructions from him. He applied for time to enable him consult with his client.

    Lawyers to the defendants, including Mike Ozekhome (SAN) did not object to Awodein’s application. He acknowledged being informed, before the court’s proceedings, of the plaintiff lawyer’s desire for time to consult with his client.

    Before adjourning, Justice Adejumo said he would adjourn for parties to seek ways of ensuring an amicable settlement in the case.  He said unlike any other conventional courts, his court was mandated to encourage disputing parties to ensure amicable settlement.

    “I will strongly commend, by virtue of the provision of this court’s establishment Act, that parties seek amicable way of resolving this dispute. In industrial and employment relations the court is not concern about the consequence of its pronouncement on parties alone, but on the entire society.

    “In consulting with their clients, counsel should know what to say to contribute to the effort to ensure amicable settlement,” Justice Adejumo said.