The Nation Newspaper

Tag: bullet proof cars

  • Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Justice Okon Abang of the Federal High Court Wednesday  dismissed a fundamental rights suit filed by Senator Stella Oduah.

    The judge upheld an objection by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN).

    Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos.

    He awarded cost of N15,000 against Oduah, to be paid to the AGF.

    Justice Mohammed Yunusa, now of the Enugu Division, had last August 26 granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

    It is over the 2013 purchase of two armoured BMW cars for over N255million by the Nigeria Civil Aviation Authority (NCAA) under her watch.

    The case was later re-assigned to Justice Abang who had adjourned for judgment before he was transfered to Abuja Division.

    He returned to Lagos to deliver the verdict.

    Justice Yunusa had barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the AGF and the Inspector-General of Police from inviting the former minister for interrogation.

    The order was to subsist until Wednesday’s  judgment.

    Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection which challenged the court’s jurisdiction.

    The judge held there was no evidence that the former minister’s right was to be violated in Lagos.

    Besides, the judge said it would not amount to a violation of her right if the Federal Government had any valid reason to arraign Oduah in a Lagos State High Court as she alleged.

    AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

    “From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.

    “There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.

    “The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

    Justice Abang agreed with Gazali’s submissions.

    The AGF also said Oduah had not established any cause of action against it, having not proved that she had been invited, arrested or detained by the AGF.

    “The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void.‎ The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

    The vehicles, bought under Oduah’s watch as aviation minister, were said to have cost N255million, an amount that sparked huge outrage.

    Oduah, in a supporting affidavit to the suit, had justified the 2013 purchase of two bullet-proof BMW cars by the Nigerian Civil Aviation Authority (NCAA).

    The former minister, who represents Anambra North Senatorial District in the Senate, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents who were causing havoc in the Northeast.

    Oduah said the bullet proof cars were especially necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Nigeria Police Force were bombed in Abuja.”

    “It was thus imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for the use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

    She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

    Oduah said the bid to arrest her for a crime she did not commit began as the general elections approached.

    According to her, the House of Representatives led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were especially out to get her.

    But the lawmakers’ move, she said, was part of a grand plan by the All Progressives Congress (APC) to capture power by all means.

    The party, she said, carried out a campaign of calumny by “demonising” the most visible leaders of the Peoples Democratic Party (PDP).

    Being a frontline PDP member, she also became a target, especially as she was seen as playing a crucial role towards the realisation of President Goodluck Jonathan’s re-election bid.

    She said as part of the APC’s campaign of calumny against her and others, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation.

    Among others, she said she was falsely accused of “all manners of corrupt practices and offences in respect of my stewardship as Minister of Aviation.”

    Oduah said was shocked by the allegations because the aviation ministry under her watch was run in the cleanest manner imaginable.

    The former minister said despite her selfless service to Nigeria and the posive changes made by the ministry under her  watch, including the revamping of the country’s air transportation, Tambuwal still ordered her investigation based on the petitions containing “spurious and wild allegations.”

    She said because of her electoral value and strategic politicking, she had been a target of the ploy by the APC to weaken the PDP and distract its leaders with trumped up charges.

    According to her, part of the APC plan was to charge PDP leaders “in a criminal trial in a Lagos State Government-controlled court.”

    Oduah said unless the court intervened, “the APC will unleash repression against her and others and this may cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”

  • Bullet proof cars: AGF faults Oduah’s allegation against APC

    Bullet proof cars: AGF faults Oduah’s allegation against APC

    The Attorney-General of the Federation (AGF) Tuesday urged the Federal High Court in Lagos to dismiss a suit filed by a former Minister of Aviation Senator Stella Oduah.

    Oduah alleged in her fundamental rights suit that the All Progressives Congress (APC) was behind the bid to have her arrested and prosecuted.

    Arguing the AGF’s opposition to the suit, his lawyer Tijani Gazali said the Oduah’s claim was not substantiated.

    He said the former minister should have joined APC in her suit to enable the party defend itself.

    Gazali, who also filed a preliminary objection to the suit, urged the court not to grant Oduah’s application.

    “We urge the court to uphold the preliminary objection and decline jurisdiction. The applicant said the concoction of evidence to implicate her happened at APC caucus meeting, and that she was informed by a chieftain of APC.

    “APC is not before my lord to refute or admit the claims. APC should have been joined as a respondent to admit or refute the allegations against them,” Gazali said.

    Counsel to the Economic and Financial Crimes Commission (EFCC) G. K. Lotona said the issues Oduah complained about ccurred in Abuja, therefore the suit ought to have been instituted there.

    Citing Order 2 (1) of the Fundamental Rights Enforcement Procedure, the lawyer said: “Any applicant who alleges breach or likely breach of his fundamental rights may apply to the court in the state where the infringement occurred or is likely to occur.

    “Since all the acts in issue are alleged to have occurred in Abuja, the proper forum would and should have been the Federal High Court Abuja division. I urge your Lordship to decline jurisdiction,” he said.

    Oduah said there was a plot to arrest her over the 2013 purchase of two armoured BMW cars by the Nigeria Civil Aviation Authority (NCAA) under her watch. The vehicles were said to have cost N255million, an amount that sparked huge outrage.

    The former minister, who represents Anambra North Senatorial District in the Senate, said the vehicles were bought for the use and safety of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    Oduah said the bid to arrest her for a crime she did not commit began as the general elections approached when the House of Representatives led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, set out to indict her. The lawmakers’ move, she said, was part of APC’s grand plan to capture power by all means.

    The party, she said, carried out a campaign of calumny by “demonising” the most visible leaders of the Peoples Democratic Party (PDP).

    Being a frontline PDP member, she also became a target, especially as she was seen as playing a crucial role towards the realisation of President Goodluck Jonathan’s re-election bid.

    She said as part of the APC’s campaign of calumny against her and others, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation.

    Among others, she said she was falsely accused of “all manners of corrupt practices and offences in respect of my stewardship as Minister of Aviation.”

    Oduah said was shocked by the allegations because the aviation ministry under her watch was run in the cleanest manner imaginable.

    Justice Okon Abang adjourned to January 25 for judgment.

  • Diezani: EFCC seizes associates’ bullet-proof cars

    Diezani: EFCC seizes associates’ bullet-proof cars

    The Economic and Financial Crimes Commission (EFCC) has seized bullet-proof vehicles, huge cash and jewellery from five prominent Nigerians fingered in the money laundering allegation against former Petroleum Resources Minister Mrs Diezani Alison-Madueke.

    EFCC and its British counterpart, National Crime Agency (NCA), are probing the suspects for allegedly conniving with Alison-Madueke to commit the crime, it was learnt yesterday.

    The former minister was arrested in London on October 2 for alleged money laundering, bribery and corruption.

    EFCC has restricted the movement of the ”high-profile” suspects to Nigeria, pending the conclusion of investigation.

    Some of them may be extradited to the United Kingdom (UK), if the former minister is going to face trial.

    According to investigation, EFCC is still searching the companies and homes of more suspects linked with the former minister, following fresh clues.

    Most of the areas under surveillance are in Abuja and Lagos.

    A top source said: ‘’It is too early to declare whether they are guilty or not. But in line with international best practices, the EFCC has invoked the assets forfeiture clause in its Act to seize some choice bullet-proof vehicles, huge cash and jewellery from these suspects.

    ‘’The movement of the affected suspects has also been restricted to Nigeria pending the conclusion of investigation.

    ‘’The case at hand involves a high-net worth syndicate with tentacles across the strata of the society. But we are already cracking the investigation.’’

    Asked if the suspects will be tried in Nigeria, the source added: ‘’It is uncertain or remote because the NCA has initiated a process in the UK, we will not want to duplicate the process.

    ‘’ If necessary, some of the suspects might be extradited to the UK for trial. This depends on NCA because EFCC is only collaborating with the agency.’’

    It was learnt that some NCA officials are in the country to work with EFCC on the case.

    A source said: ‘’Some officials of the NCA are in the country for collaboration with the EFCC on this investigation of the allegations against the ex-minister.

    ‘’The EFCC has more knowledge of the terrain than the NCA in tracking down some of these suspects.’’

    Neither the EFCC nor the NCA was willing to speak on record last night.

    Alison-Madueke and four others have been under investigation. On October 2, they appeared before the NCA team in the UK.

    The names of the four remaining suspects are being kept under wraps in ‘’order not to jeopardise investigation.’’

     

  • Coscharis appeals order on bullet proof cars’ purchase

    Coscharis appeals order on bullet proof cars’ purchase

    Coscharis Motors Limited has appealed against the order of a Federal High Court in Lagos directing it to disclose to a group, Enough is Enough (EIE) Nigeria, information on the 2013 purchase of two bullet-proof cars for former Minister of Aviation, Princess Stella Oduah.

    It is urging the appellate court to set aside the order of Justice Mohammed Yunusa made on April 28, and to dismiss the suit filed by a Lagos lawyer, Mr. Ayodeji Acquah, on behalf of EIE.

    Justice Yunusa had held that the failure of Coscharis Motors to disclose or make available to EIE the information requested is a violation of its right of access to information guaranteed by Section 1(1) and Section 4(a) of the Freedom of Information Act, 2011.

    He also made an order of mandamus compelling Coscharis Motors to disclose the information requested, namely the invoice(s) and landing documents for the two BMW vehicles acquired by the Nigerian Civil Aviation Authority (NCAA) with chassis numbers WBAHP41050DW68032 and WBAHP41010DW68044; and details of the payment for the vehicles, including whether they were paid for in full or hire purchased as reported by the media.

    The vehicles were said to have been purchased at N255million.

    In its Notice of Appeal, the company complained that Justice Yunusa erred in law when he held that the provisions of the FOI Act applied to private companies such as Coscharis Motors and that by enjoying a duty waiver on the two BMW cars, the company became a “private body utilising public funds” and thus subject to the application of the Act.

    Coscharis Motors also contended that the judge was wrong in failing to consider all the issues raised by the company in its address in opposition to the suit, especially relating to whether the company was not justified under Section 12 of the FOI Act in withholding the information requested by EIE.

    It also complained that the judge erred in law when he held that the provisions of the FOI Act applied to private companies because the legislators would have expressly excluded its application to private companies if they so desired.

    Coscharis Motors claimed that the judge was wrong to have assumed jurisdiction to hear the suit when the jurisdiction of the court had not been duly invoked in accordance with the provisions of the FOI Act.

    The appellant said he also erred in law when he failed to deliver his ruling in the case within 90 days after the conclusion of final address as provided by Section 294 of the 1999 Constitution, as amended, and thereby occasioned a “grave miscarriage of justice” against the company.

    Besides, the company alleged, the judge erred in law when he imported extraneous considerations in the interpretation of the FOI Act in determining the applicability or otherwise of its provisions to private companies such as Coscharis Motors.

    The case will come up tomorrow.