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Tag: cases

  • Kano Command records 337 crimes, 105 rape cases

    Kano State Police Command recorded 337 crimes and 105 rape cases last year, spokesman Magaji Majia said yesterday.   He added that 22 robbery cases and 21 kidnap cases were reported at the Command.

    Reviewing the command’s performance in 2018, Majia said it recorded 168 cases of homicide and 34 theft cases.

    The outgoing year under review, he noted in a statement, witnessed low crime rate when compared to the previous years.

    Read also: Man who raped 80-yr-old bags three years imprisonment

    The statement said last year, 337 major crimes were reported, including 22 cases of robbery, adding that 21 kidnap cases, 105 cases of rape, 168 homicide cases and 34 cases of theft of vehicles, among others, were recorded.

    Majia said the command, in its efforts to rid Kano city of undesirable elements, arrested 2,487 members of Yandaba (area boys), who caused mayhem.

    He said the command in the year under review impounded 83 rifles, guns and pistols both foreign and locally-made, including 269 calibre of ammunition and cartridges.

  • Issues, cases that will shape 2019

    There are some landmark cases awaiting the judiciary in 2019. These cases are presented by ERIC IKHILAE, ADEBISI ONANUGA and ROBERT EGBE

    A tale of two judges

    WHEN the Judiciary went on its Christmas/New Year vacation, one of the questions being asked in some circle was the status of Justice Sylvester Nwali Ngwuta of the Supreme Court.  He was one of the seven judges,whose houses were raided, in 2016, by operatives of the Department of State Service (DSS).

    Shortly after the raid, the National Judicial Council (NJC) directed them to stop working, pending the conclusion of their cases.

    Justice Ngwuta and some others were  charged to court. Justice Ngwuta was charged before the Federal High Court, with money laundering and possession of multiple passports, among others. He was also arraigned before the Code of Conduct Tribunal (CCT) for alleged non-declaration of assets.

    When their trial appeared delayed, the NJC directed them to resume duties. Among those who returned, to work  was Justice John Nyang Okoro, Justice Ngwuta’s colleague at  the Supreme Court.

    Midway into his trial at the Federal High Court and CCT, Justice Ngwuta queried the propriety of the process, relying on a decision by the Court of Appeal in an appeal by Justice Hyeladzira Nganjiwa of the Federal High Court.

    The Court of Appeal, on  December 11, 2017 held among others, that by virtue of Section 158 of the 1999 Constitution, the NJC has the exclusive jurisdiction to try judicial officers for misconduct.

    Relying on this decision, Justice John Tsoho of  the Federal High Court struck out the case against Justice Ngwuta in a  March 23, 2018 ruling. Atwo-man panel of the Code of Conduct Tribunal (CCT), on May 15, 2018, also stopped Justice Ngwuta’s trial based on the appeal court’s verdict. The CCT upheld Justice Ngwuta’s argument that, as a judicial officer  he could not be tried in any court or tribunal, except after he has been subjected to the investigatory and disciplinary processes of the NJC.

    The CCT said by virtue of Section 158 of the Constitution, a  judge could not be prosecuted in any court or tribunal until the NJC deals with the allegations against him and takes a decision of either dismissing such a judicial officer or compulsorily retiring him.

    Since the CCT ruling, Justice Ngwuta has yet to return to work.

    Why is this so since there is no longer any case against him?At the NJC, it was learnt that there is  no petition  pending against Justice Ngwuta. At the Federal Ministry of Justice (FMOJ), there is no indication that the government appealed the  decisions by Justice Tsoho and the CCT. There was also no information on whether the ministry  petitioned  the NJC on Justice Ngwuta’s case.

    At the Supreme Court, it was found that concern over the public’s reaction is stalling his recall to work.

    The question today is whether the Judiciary will summon the courage this year to confront the issue and formally bring it to a close?

    There is also the unsettled case of Justice Nganjiwa. Whether he will return to the bench this year remains an issue to be determined by the Supreme Court. The appeal filed by the Economic and Financial Crimes Commission (EFCC) against the December 11, 2017 judgment of the Court of Appeal, Lagos division, which quashed the corruption related charge brought against him, is still pending.

    On June 23, 2017 the EFCC arraigned Justice Nganjiwa before Justice Adedayo Akintoye of the Lagos High Court accusing him among others, of receiving   $260,000 and N8.65m gratification to enrich himself as a public official.

    Justice Nganjiwa challenged the court’s jurisdiction at the Court of Appeal.  On December 11, 2017, the appellate court upheld his appeal, quashed the charge against him and set Justice Nganjiwa free. The EFCC has appealed to the Supreme Court.

    At the Supreme Court, the  appellant is contending that the Court of Appeal was wrong to have held that the NJC was the sole body empowered by the Constitution to determine allegations of misconduct and crime against judicial officers.

    To the appellant, “There is no provision of the Constitution making the exercise of powers of law enforcement agencies, on investigation and prosecution, dependent on the exercise of powers by the NJC within the context of criminal offences allegedly committed by judicial officers in the discharge or outside the discharge of duties by judicial officers.

    “The Court of Appeal assaulted the principle of Separation of Powers enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) by shackling law enforcement agencies from operating independently and freely.”

    The Supreme Court is expected to pronounce on this case in the course of 2019.

    Avoid election  scandals

    Since the return to democratic governance in 1999, the Judiciary has always emerged from every election season with tainted reputation, trailed mainly by questions relating to its integrity and neutrality.

    In an effort to curb this unpleasant development, the leadership of the Judiciary has started to educate judges and other judicial workers on ways to conduct their affairs to avoid being entangled in the web created by desperate politicians.

    Chief Justice of Nigeria (CJN) Walter Onnoghen, at a  meeting with judicial officers and other court officials   petition, urged them to  determinate of political cases on their merit and avoid being influenced by extraneous considerations, particularly from politicians.

    Onnoghen also urged judges to shun corruption and other unethical conduct particularly in this era of enhanced political activities. He charged them not to compromise the rule of law and the independence of the Judiciary.

    He said: “My brother judges, distinguished ladies and gentlemen, we are all aware of the increase in tempo of political activities as we approach election year. Our nascent democracy has to be nurtured, consolidated and developed.

    “We are working assiduously to ensure that we clean our house, and completely dump the unfortunate toga of corruption that had plagued the Judiciary for some time. With your co-operation and commitment, we shall once again steer this nation to the path of transparency and good governance.

    ”I urge you to shun corruption in all its ramifications and encourage the sustainability of your determined effort to promote transparency and good governance in our body polity. I am confident that your efforts in line with the rule of law will stamp out corruption and enthrone an enviable democracy characterised by justice, equity, transparency and good governance.

    “My Lords, as the election year draws closer, your courts will be flooded with applications bordering on pre and post-election matters requiring adjudication. No doubt, election litigation is an inevitable part of the electoral process.

    “While INEC has the responsibility to conduct and manage elections, the Judiciary on its part, is charged with the responsibility of resolving disputes arising from the process. We must therefore ensure that matters brought before our courts are determined on their merits, devoid of any external interference, to ensure the sustenance of the independence of the Judiciary.”

    The Chief Judge of the Federal High Court, Justice Adamu Kafarati, has also spoken in similar vein. In this era of politics, he urged judges not to grant ex-parte orders in political cases, “except in very exceptional cases.”

    Kafarati was of the view that it was better to hear all sides before a decision is taken, so as to avoid unnecessary controversy in the adjudication process.

    He stressed the need for judicial officers to be extra careful in handling political cases because of their nature. He added that “actions or inactions by a judge, no matter how honestly done, is capable of misinterpretation.”

    Observers are, however, hopeful that these words of advice would go a long way in guiding judges and other court officials in navigating this year’s election season with less scandals.

     Effect of the 4th Alteration to the Constitution on pre-election cases

    What is the impact of the 4th Alteration to the Constitution, as captured in the provision of Section 285(12) of the Constitution (Fourth Alteration No. 21) Act 2017, on pre-election cases instituted before the alteration came into effect on June 14, 2018?

    Section 285(12) of the Constitution (Fourth Alteration No. 21) Act 2017 requires Court of Appeal to determine pre-election appeals within 60 days. Can this provision affect cases instituted before the alteration? At what point can the provision affect such cases?

    These are some of the questions to be determined by the Supreme Court in some appeals on which judgments have been scheduled for between January 22 and 25. The appeals include appeals Nos. SC/124/2018; SC307 and 308/ 2018.

    The decisions in theses appeals are also expected to affect the appeals involving Senator Aidoko Atai and retired Air Marshal Isaac Alfa in relation to the Kogi East senatorial seat, which have been adjourned to March 5, 2019.

     Judiciary goes digital

    The Judiciary, during the tenure of the late Justice Dahiru Musdapher (as the Chief Justice of Nigeria) initiated an ambitious project which was aimed at ensuring the automation of its operations. In 2012 it the inaugurated 14-member Judicial Information Technology Policy Committee (JITPO-COM) to develop policies and a roadmap for the adoption of information technology in Nigerian Judiciary, with representation from across the Federal and States’ Judiciaries and the Nigerian Bar.

    The Committee, according to its Chairman, the Chief Judge of Borno State, Justice Kashim Zannah was also to execute four main projects as a way of commencing the automation process for the Nigerian Judiciary

    The projects include the retrofitting of the courtrooms of the Supreme Court (the Supreme Court Room Retrofitting); the establishment of a national electronic mail system (the National Legal Email Setup for Bar and Bench); the Nigerian Case Management System (NCMS); and the establishment of a National Data Centre, to be located at NJC.

    On February2,2018 the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen a retrofitted courtroom in the Supreme Court and launched the National Legal E-Mail Project at the Supreme Court Complex in Abuja.

    Onnoghen described the development as a milestone that will go a long way in enhancing justice delivery in the nation’s courts and commended the commitment of successive leadership of the judiciary in seeing the project to fruition.

    He assured that the retrofitted court project will be replicated in all other courts in the near future, and said the Nigerian Judiciary is committed to employing cutting edge technology to enhance justice administration and providing Nigerians with the transparent, fast and accessible justice system they deserve.

    The CJN directed all Heads of Courts to acquire the unique legal email addresses for their courts from the JITPO Committee, especially for their Litigation Departments’ staff.

    It is expected that the other strands of the automation project will be attended to this year.

    The coming of anti-graft courts

    The general complaint over the persistent delay in the handling of corruption and financial crimes cases informed the creation of the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) by the NJC and its subsequent directive that heads of courts designate some courts to hear such cases.

    Not much was heard about COTRIMCO shortly after its inauguration in late 2017 until May 2018 when it came out with what it termed an interim report, in which it, among others, blamed every player in the criminal justice sector for the delay being experienced in the trial of corruption and financial crimes cases.

    In the report, presented at the 86th meeting of the NJC by COTRIMCO Chair, retired Justice Suleiman Galadima, many factors were blamed for the delay.

    Some of such factors were: poor prosecution, absence of counsel for parties in court, reliance on irrelevant documentary evidence, multiplicity of charges, non-adherence to court rules\procedures, retirement/transfer of Judges, re-assignment of cases to start de-novo, amendment of charges after commencement of trial, and cumbersome record transmission process to Court of Appeal.

    Although it is not clear if all heads of courts implemented the directive on designation of courts for corruption and financial crimes cases, COTRIMCO however gave a status report, in the year, about the performance of the courts.

    In a statement issued on behalf of COTRIMCO in July 2018, by NJC’s Director, Information, Soji Oye, it was revealed that 324 judgments were delivered within the first six months of the year by courts designated to hear corruption related cases nationwide.

    It also said that 12 of such cases were struck out and judgment have been reserved in 62 cases, leaving 1,479 cases out of the total 1,812 corruption cases pending in courts nationwide as at November 2017 when COTRIMCO was inaugurated.

    Between then and now, there have been no information about COTRIMCO’s activities and those of the designated courts. There are also no information about whether or not steps are being taken in the implementation of the many recommendations contained in COTRIMCO’s interim report on how to fast-track the hearing of corruption related cases.

    COTRIMCO had recommended among others, “proper training for prosecution in the area of investigation, especially in the area of Administration of Criminal Justice Act (ACJA) 2015; need for prosecuting agencies to have competent prosecution departments manned by qualified personnel; synergy between the various prosecution Agencies to enhance proper prosecution of criminal cases and use of professionals, such as accountants, auditors, etc, to investigate high profile and complicated cases.”

    It also stressed the “need for training and re-training of staff of Court handling criminal cases; need to provide judicial officers with a legal/research assistant to make their work easier; proper funding for the Judiciary and prosecuting agencies; deployment of more judges to handle designated corruption cases; complete overhaul of both physical and technical infrastructures in designated courts as some of them are small and not well ventilated; and need to come up with practise directions for corruption cases trial to cure anomalies in the trial of the cases.”

      Way out of justice delay

    In Lagos, the Chief Judge, Justice Opeyemi ,may have found a way out of delay associated with justice delivery.

    The state’s  Civil Procedure Rules 2012 has been reviewed to ensure speedy dispensation of justice and will take effect January.

    Justice Oke,  at a summit  to review the 2012 Civil Procedure Rules, said the new rules expected to come into effect as from January, imposed sanctions on lawyers, adding that the new rules are firm, strict and would block the hindrances delaying justice delivery.

    She hinted on the possibility of a lawyer losing his licence for delaying  trial, as is done in Singapore.

    The Chairman of the Civil Procedures Rules Committee, Justice Kazeem Alogba, also hinting on what to expect in the new Civil Procedure Rules , said any lawyer who scuttled any trial date would pay a minimum fine of N100,000.00 and N50,000 in the case of an interlocutory application for which a date had been fixed for hearing.

    He said non-compliance with Form 01 on Pre-Action Protocol would render the process a nullity, in addition to ‘serious punishment’.

    Justice Alogba said for instance, where a matter was left in the docket of a judge, six months after commencement of trial, the matter would be summarily struck out.

    To ensure diligent prosecution, he said default fees would be N1,000 per day as against the old N200 among others.

    Test case at Supreme Court

     One of such cases is an appeal pending before the Supreme Court, with the capacity to alter the relevance and powers of the NJC.

    The appeal was initiated by the NJC against the January 13, 2012 judgment of the Court of Appeal, Akure division in the appeal marked: CA/B/223/2008 initiated by Justice Kayode Bamisile.

    Justice Bamisile was the Chief Judge of Ekiti State until December 20, 2006 when the NJC, acting on a petition by some senior lawyers in the state, suspended him from office; removed his name from the payroll and stopped the payment of his salaries, emoluments and other perquisites of office.

    He challenged the NJC decision in a suit he filed before the Federal High Court, Akure division. And, in a judgment on March 13, 2008, the trial court granted three out of the plaintiff’s 13 reliefs.

    The trial court declared that, under Section 292 of the Constitution, the NJC cannot solely remove the plaintiff as the Chief Judge of Ekiti State. The court also declared that under Section 292 of the Constitution, the NJC “cannot usurp, take over or exercise, in any manner whatsoever, the constitutional powers reserved for the Governor of Ekiti State and the 3rd defendant (Ekiti State House of Assembly) in the removal of a judge or Chief judge of Ekiti State.”

    The trial court equally declared that “the plaintiff (Bamisile) is still in the judicial service of Ekiti State and the Chief Judge of Ekiti State, not having been removed in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999.

    Bamisile, not satisfied with the success he achieved at the trial court, appealed part of the judgment at the Court of Appeal, Akure division. The NJC cross-appealed part of the judgment that affected its powers.

    In its judgment on January 13, 2012 a three-man panel of the Court of Appeal, Akure upheld, in part, Bamisile’s appeal and dismissed the NJC’s cross-appeal.

    The Court of Appeal held that although NJC acted within its powers to suspend Bamisile and recommended his compulsory retirement, it went beyond its powers by removing his name from the payroll and stopping the payment of his salaries, emoluments and other perquisites of office when the governor was yet to act on its (NJC’s) recommendation.

    It ordered that Bamisile’s salaries, emoluments, fringe benefits and other perquisites of the office of the Chief Judge of Ekiti State be paid to him from December 20, 2006 until he attains the constitutional age of retirement.

    Justice Kudirat Kekere-Ekun,  justice of the court of Appeal JCA, as she then was in the lead judgment, held among others, that the NJC was wrong to have removed Bamisile’s name” from the payroll and deeming him to have ceased to be a judicial officer in the service of Ekiti State, solely on the basis of its recommendation for his (Bamisile’s compulsory retirement from office, when the Governor had not acted thereon.”

    This is the decision that the NJC has now appealed at the Supreme Court, which the apex court is expected to decide this year to put to rest the dispute about how far the NJC could go in penalising a judicial officer, who is found to have misconducted him or herself.

    Two ex-governors, one fate

    The Supreme Court is also expected to determine the fate of ex-Governors Jolly Nyame and Joshua Dariye, currently serving jail terms in Kuje prison, Abuja. Its decision in both cases will  reflect stand on the anti-graft war.

    On May 30 a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja convicted former Governor of Taraba State, Reverend Jolly Nyame on offences criminal breach of trust, obtaining valuable public properties without consideration and criminal misappropriation and sentenced him to a maximum term of 14 years.

    On June 12 aHigh Court of the Federal Capital Territory (FCT) in Gudu, Abuja convicted former Governor of Plateau State, Joshua Dariye on offences  of criminal breach of trust and criminal misappropriation and sentenced him to a maximum term of 14 years.

    The Court of Appeal on November 16 upheld his conviction, but reduced the sentence to a maximum of 10 years. He has now appealed to the Supreme Court. The Court of Appeal also, on November 16 upheld Rev Nyame’s conviction and reduced his sentence to 12 years.

    Dokpesi, Ayeni and others

     On November 21 a Federal High Court in Abuja rejected a no-case submission made by businessman/politician, Raymond Dokpesi and ordered him to defend himself against the allegation made by the prosecution.

    Dokpesi and his company, Daar Investment and Holdings Company Limited are being tried by the Economic and Finanacial Crimes commission on charges of alleged breach of procurement law to the tune of N2.1billion

    They are charged with money laundering, procurement fraud and accused of fraudulently receiving N2.1bn from the Office of the National Security Adviser (ONSA) between January and March 2015.

    Hearing in the case is expected to resume on February 20, 2019.

    On December 17, former Chairman and Managing Director of Skye Bank Plc (now Polaris Bank) – Tunde Ayeni and Timothy Oguntayo – were arraigned in relation to alleged money laundering offences involving about N4.75billion and $5million.

    Ayeni and Oguntayo were arraigned before Justice Nnamdi Dimgba of the Federal High Court, Abuja on an eight-count charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    The duo, who was accused of committing the alleged offences between 2014 and 2015, pleaded not guilty when the charge was read. Their lawyers applied for bail on their behalf, applications the judge granted, admitting each of the defendants to bail at N50million each.

    Trial is to commence in the case on February 13, 2019

     Trial of judges, SAN resumes

    The trial of Justice Rita Ofili-Ajumogobia and Godwin Obla (SAN) for alleged unlawful enrichment and conspiracy to pervert  justice, which began with their first arraignment on November 29, 2016 before a Lagos High Court will resume on January 26, 2019.

    At their last appearance in court on December 14,2018, Justice Ofili-Ajumobogia slumped few minutes before the commencement of proceedings, following which the trial judge, Justice Hakeem Oshodi adjourned to January 26, 2019 for the hearing of the defendants’ no-case submission. Trial is also expected to begin in the criminal case involving Justice Yunusa Nasir of the Federal High court and a worker in the law firm of Rickey Tarfa and Co, Esther Agbor.

    They were arraigned on January 17, 2018  by the Economic and Financial Crimes Commission (EFCC) before Justice Sherifat Solebo of the Lagos State High Court in Ikeja on charges of alleged perversion of the course of justice.

    The defendants pleaded not guilty.

    Others include the trial of suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike (a.k.a. Evans) and some of his alleged accomplices.

    Trial of NBA President, Mr Paul Usoro for an alleged N1.4billion fraud. The case resumes on February 5.

    Danish national Peter Nielsen 53, is standing trial at a Lagos High Court for allegedly killing his wife Zainab, and their three-and-a-half-year-old daughter, Petra.

    On November 12, a Federal High Court in Lagos revoked the bail granted a former governor of Abia State, Mr Orji Uzor Kali in 2007, following Kalu’s absence without permission from his N7.65bn fraud charge trial.

    Kalu was also ordered to surrender himself to the EFCC within 24 hours of his return, failure of which he would be arrested.

    Former Ekiti State Governor is also on trial for an alleged N2.2bn fraud charge.

    Fayose was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.

    Dr John Abebe’s trail for alleged $4m  fraud

    The Economic and Financial Crimes Commission (EFCC) on July 26, 2018 arraigned Dr John Warimeme Abebe, a businessman and younger brother to Stella, the late wife of ex-President Olusegun Obasanjo.

    He was arraigned before the Lagos State Special Offences Court in Ikeja and accused of complicity in an alleged $4 million fraud.

    Abebe is facing a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert the cause of justice slammed on him by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada.

    Rotimi Oyedepo, the EFCC prosecutor, said the defendant committed the offence on June 22, 2010 in Lagos.

    Abebe has however denied the charges.

    At the last proceedings on December 3, 2018, Justice Dada turned down an application by Abebe, for the release of his international passports.

    Abebe had, through his counsel, E.D. Onyeke, sought the release of the passport to enable him travel to the United Kingdom (U.K.). Onyeke had told the court that his client lost his mother in the UK and needed the passport to travel to make arrangements for her burial.

    Justice Dada however ordered him to file a formal application to the court saying, “Your oral application is not welcome,” and adjourned to January 25, 2019 for continuation of trial.

  • Lagos to intervene in indigent Kirikiri Prison inmates’ cases, challenges

    Lagos to intervene in indigent Kirikiri Prison inmates’ cases, challenges

    As part of its commitment to protect the fundamental rights of its citizens irrespective of their status, the Lagos State government has resolved to intervene in the cases of indigent  Kirikiri Prison inmates without legal representation and other challenges.

    The inmates were identified and shortlisted for intervention when the Directorate of Citizens’ Rights under the Lagos State Ministry of Justice visited the prison. Speaking after the visit, the Director of the Directorate, Mrs Omololu Idowu Adesina, said: “The visit was one of our quarterly activities. We visit prisons to see the appropriateness of the detainees, the awaiting trial inmates and the conditions of the prisons.

    “Some of the inmates have health issues, some of them just need our intervention to get out of the prison. Some of them have bail conditions that they cannot meet, at times we can help.  It could even just require us to contact their people for them to take up their matters in the way of providing sureties and all that.”

    She said the directorate is intervening for over 20 inmates in all and that include those who no have no legal representation, adding: “

    “When the police arrest people and they are detained by the order of court, their parents or guardians may not know.

    When this kind of situation arises, it is now the duty of agencies of government  to intervene. That is why the OPD has been established to defend the defenceless or people that have no money to defend themselves.  Our office is to defend indigent citizens, people who no money because to employ the services of a lawyer doesn’t come cheap. That is why we do it free of charge.”

    She remarked that many inmates will rot in the prison if the state government is not rendering the service through the directorate  “because there would be nobody to defend them.”

    She cautioned that the gesture is in not in any way meant to encourage crime.

  • Extend NHIS to infertility cases, UITH chief says

    Extend NHIS to infertility cases, UITH chief says

    University of Ilorin Teaching Hospital Chief Medical Director (CMD), Prof Abdulwaheed Olatinwo, has canvassed  extension of National Health Insurance Scheme (NHIS) to persons with infertility, adding that infertility is not a problem for women alone.

    According to him, statistics  have shown that the degree of the reproductive deformity in women is the same as those in their male counterparts.

    While infertility has raised many ethical, legal and social questions, the cost of managing it, Oatinwo said, remained enormous and  required government’s interventions.

    Olatinwo, who said this while delivering the 178th Inaugural Lecture of the University of Ilorin (UNILORIN), said the Assisted Reproductive Technology (ART) has become the most efficient method in removing the societal stigma of infertility from many couples.

    In a lecture titled: “Help for the helpless and hope for the hopeless: the medicine of reproductive possibility’’, Prof Olatinwo said: “Infertility should be made a public health issue because it is socially constricted, existing at the crossroads of medical and social realms. It’s management should, therefore, be given special consideration under the NHIS to ease the burden of the affected individuals.”

    He advocated preventive strategies for preventing infertility and child-maternal death in Nigeria.

    Olatinwo, who lamented the financial constraints of persons suffering from infertility in accessing the ART, said unless his propositions were adopted, many Nigerians might die childless.

    He said: “ART has emerged as one of the most widely adopted and successful medical technologies in the last century. While giving hope to millions of couples suffering from infertility, unfortunately, ART services are inaccessible to large sections of the population, mainly due to very high cost of treatment.

    “ART also has presented new ethical, legal and social questions that society must address. Many countries have taken steps to regulate certain aspects of ART. However, such are still in very rudimentary stages in Nigeria.

    “There is an urgent need for stakeholders  (fertility specialists, clients, professional organisations, religious bodies, bio-ethicists, and government) in developing countries,  to formulate cultural and context -specific guidelines to address some of these ethical dilemmas.”

    Although the UITH boss urged the government to improve on electricity generation and distribution in Nigeria, he added that the government should collaborate with the private sector “who are the main providers of IVY services” by way of reducing or waiving taxes for IVF, drugs, and consumables.

    Besides, Olatinwo urged the National Assembly to pass the Bill on the establishment of the ‘Nigerian- Assisted Reproduction Authority’,  sponsored by the National Association of Fertility and Reproductive Health (AFRH-Nigeria), to serve as a starting point for regulation of ART practice in the country.

    Olatinwo said the ART unit he  established at the UITH has been rated as one of best in the public health sector, adding that the unit had taken deliveries of over 30 babies, including sets of twins and triplets.

  • Tracking high-profile corruption cases

    Tracking high-profile corruption cases

    The Presidential Advisory Committee Against Corruption (PACAC) has designed a template for tracking and monitoring corruption cases. Some experts from civil society organisations, anti-graft agencies, Ministry of Justice, the academia and the media met in Abuja to discuss ways to make the exercise effective. JOSEPH JIBUEZE was there.

    Several high-profile corruption cases which began over 10 years ago are still pending in courts, making a mockery of the anti-graft crusade.

    Towards  addressing the problem, the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, in his speech at the beginning of the 2017/2018 legal year, announced the setting up of special courts within high courts to handle only corruption cases.

    He noted the public concerns about the slow pace of corruption cases in courts.

    The CJN directed the heads of courts to compile and forward a comprehensive list of such cases to the National Judicial Council (NJC).

    He also asked them to designate one or more courts as special courts for hearing and speedily determining corruption and financial crimes cases.

    The CJN, last October 1, set up a 15-man Corruption and Financial Crime Cases Trial Monitoring Committee, and appointed a former President of the Court of Appeal Justice Isa Ayo Salami as its chairman.

    The committee’s mandate, among others, is to track the cases and report on delays.

    But the committee’s composition was dogged by controversy, culminating in Justice Salami’s rejection of the office nearly a month after he was picked.

    Critics faulted the committee, which comprises former Nigerian Bar Association (NBA) presidents and other notable jurists.

    Justice Salami has since been replaced by a retired Justice of the Supreme Court, Suleiman Galadima.

    The Presidential Advisory Committee Against Corruption (PACAC) has offered to support the monitoring process. It would independently monitor high-profile corruption cases, and send its reports to the CJN.

    PACAC presented a template for the exercise at a roundtable held at the Transcorp Hilton in Abuja.

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN), who was represented at the event, hailed the initiative.

    The roundtable was held to develop a template for tracking and monitoring high-profile corruption cases in the designated courts, in accordance with existing laws, Practice Directions and rules of court.

    The objective, according to PACAC, is to enhance the efficiency and effectiveness of the criminal justice sector with regards to the prosecution of high-profile corruption cases through accountability and transparency.

    It will involve evaluating the court’s performance and adherence to extant laws and rules, especially the Administration of Criminal Justice Act (ACJA) 2015.

    The initiative, PACAC said, is in support of CJN’s directive to ensure that corruption cases are timeously concluded.

    At the roundtable were officials of anti-corruption agencies, representatives of the Federal Ministry of Justice, civil society organisations, lawyers, development partners, media and members and staff of PACAC.

    They included Secretary, National Prosecutions Coordinating Committee (NPCC), Mr Sylvester Imhanobe, who represented Malami, Executive Director, Socio-Economic Rights and Accountability Project (SERAP) Mr Adetokunbo Mumuni, university don and private prosecutor Mr Wahab Shittu, and Head of Legal and Prosecution at the Economic and Financial Crimes Commission (EFCC) Mr Gbolahan Latona.

    Also present were Mr Aondona Orti (National Agency for the Prohibition of Trafficking in Persons), Mr Hajarah Yusuf (Ministry of Justice), Mrs Fatima Kere Aliyu (Code of Conduct Bureau), and Mr Elijah Akaakohol (Independent Corruption Practices and other Related Offences Commission).

    Mr Okike Aja-Nwachukwu (Nigerian Institute of Advanced Legal Studies), Mr Barbara Maigari (Partners for West Africa – Nigeria), Mr Chiamata Anyaegbu (Centre For Socio-Legal Studies), and Mr Femi Oloruntoba (National Drug Law Enforcement Agency) were also at the roundtable, among others.

    Why PACAC is intervening

    PACAC chairman Prof Itse Sagay (SAN) praised the CJN for directing heads of courts to designate at least one court to handle only corruption and financial crime cases.

    He said: “We were very happy when the CJN directed that special courts be set up. But we were a little bit downcast when he announced the form of monitoring he wanted. Without criticising them (the committee members) individually – I have nothing against them – but they are too senior. The minute they come into the court to monitor cases, the judge would know who they are, and then the case will not take the natural cause.

    “Secondly, will they have time? Thirdly, many of them are actually defending people in the same circumstances over which the court is presiding. Will they be objective? Those are the issues we raised.

    “That is why we want to complement what the CJN is doing with our own system of monitoring, which we expect to be more efficient and will produce better result.

    “We’re cooperating with the CJN, but we want to refine what he has so kindly provided. That’s the reason we’re here. The template for achieving this end is what has brought us here,” Sagay said.

    PACAC Executive Secretary, Prof Bolaji Owasanoye, added that the committee would use less-known “sentinels” to monitor the cases.

    “We’ll use sentinels, someone who is there and you don’t even know he’s there. As Prof Sagay hinted, we’re not going to use prominent lawyers or counsel who are very well known already and who, when they come into a court, everything becomes politically correct.

    “The job of the sentinel is to help the system by giving us records. We’ll analyse those records, hoping that in the fullness of time, we’ll be able to correct attitudes,” he said.

    He also noted that PACAC’s intervention was in aid of the CJN’s efforts.

    “We want to help the CJN, formerly being able to give him information about who is ignoring the rules. If the law says that an adjournment should not be more than 15 days, and a judge gives more than 15 days, we want to know who asked for it and why it was given.

    “If a Practice Direction says you should assign a case in five days, and it is not assigned in five days, we want to track it,” Owasanoye said.

    Owasanoye said the Acting Chief Judge of the Federal High Court, Justice Adamu Kafarati, was considering adopting the FCT High Court Practice Directions on ACJA.

    According to him, if that is done, high-profile cases would be more quickly determined at the Federal High Court.

    He advocated the enforcement of Rules of Professional Conduct for lawyers which provides for sanctions against those who delay cases.

    “We want to start deploying those provisions,” he said.

    Owasanoye added that PACAC’s monitors would focus only on cases involving political exposed persons (PEPs) and those with huge economic implications.

    “It is the high-profile cases that defy all rules. They are the ones giving us problems,” he said.

    The PACAC Executive Secretary said the special courts would be automated to speed up the corruption cases.

    Imhanobe conveyed Malami’s commendation to PACAC for taking the initiative in organising the roundtable.

    He reiterated the importance of monitoring and evaluating ongoing high-profile corruption cases, adding that the NPCC also plays a similar role.

    “We must track cases so as to be able to redeem the innovations and the steps to make the system work. The monitoring will also help us to see areas of improvement,” he said.

    The template

    The working session began with a presentation of the draft Corruption Case Monitoring Template (CCMT) by PACAC’s consultant, Mr. Austin Emumejakpor.

    According to him, its aim is to evaluate the roles of stakeholders, including the court, in corruption cases; identify challenges and causes of delays; recommend ways and means to reduce delays; and improve efficiency towards achieving speedy conclusion of trials without compromising fairness.

    The template is divided into the following sections: case information, summary of background facts, the charges, prosecution details, defendants’ details, case management details, adjournments, costs, trial in absence, trial, judgment, sentencing, summary of progress and next adjourned date.

    Under case information, the monitor is expected to provide information on court location, suit number, and judge.

    Under charges, information needed include date a charge was filed, how many days between filing and issuance of hearing notice, number of amendments, whether adjournment was granted due to the amendment, among others. The monitor is also expected to provide details of the prosecution, such as name of prosecuting agency.

    Under case management, the sentinel is to report whether case management was held immediately after arraignment as provided under the FCT High Court Practice Direction, and if not why; how many witnesses were agreed, whether defence counsel was of assistance to the court, whether trial time estimate was agreed, among others.

    Under adjournments, information required include whether any party was given more than five adjournments in line with Section 396 (4) of the ACJA, and whether the adjournments complied with the time allowed.

    In line with Section 396 (6) of the ACJA, the monitor is to ascertain whether cost was awarded against a party seeking a frivolous adjournment.

    Under the section on trial, the monitor is to note whether the trial held day to day, whether it was concluded within 180 days, and whether judgment was given within three months.

    In monitoring progress of the case, the sentinel is to observe whether the court sat and if not, why; whether there was resistance to an application for an adjournment, and whether the judge was sufficiently in control of the court.

    On sentencing, the monitor will note whether the sentencing was done according to law, and what punishment the law provides for.

    Emumejakpor identified some causes of delays, including the practice of lawyers holding brief for others, and lack of control by judges.

    “Most of the SANs come to court and dictate to judges. You push them (such judges), they fall and roll over. It’s a shame,” he said.

    He also noted that the abuse of adjournments was a problem that must be tackled.

    According to him, the weapon of wasted cost should be used as a deterrent.

    “Such costs should be treated as fines, and people will sit up,” he said.

    He believes if counsel are made to personally pay costs, they would sit up.

    He noted that in the UK, when such fines are awarded against a lawyer, they are registered in his record at the Bar and could lead to loss of clients, who can access such records.

    Emumejakpor said it was wrong for a case to be adjourned because a Chief Judge suddenly asked a judge  to represent him at an event.

    Not only does it lead to a waste of time, but of resources, as counsel and witnesses may have paid for flight and accommodation, he said.

    Emumejakpor added that the default position of all stakeholders should be to comply with the law so that cases can be speedily concluded.

    Experts’ inputs

    Participants noted that the template was too long and complicated. They said the section on disaggregation should also include socio-economic background.

    They suggested that the section on value judgment (with the question: Was the presiding judge sufficiently in control of court?) should be shifted to the end of the template.

    They also suggested that the CJN should be briefed regularly on ongoing cases rather than wait till the end of the case.

    The experts said there should be formal quarterly reports so that the supervising authorities can take immediate actions.

    PACAC was urged to expand the scope of the monitoring. The experts said monitoring should extend post-sentencing.

    For instance, a convict who is supposed to be in prison serving his/her term may actually be walking free. So, monitors should check whether the convict is actually serving his term.

    It was recommended that state authorities should be included as stakeholders in high-profile corruption cases, while the template should be divided into parts from the commencement of trial to sentencing.

    It was further suggested that a whole section should be devoted to case transfer, that there should be different forms – one for during the trial and one after the trial, and that there should be quarterly reporting.

    Participants recommended that sentinels should be adequately trained to carry out their fact-finding covertly and thoroughly in order to achieve the best results.

    According to them, the template should elicit information about a case, charges, prosecution, defendants, case management, trial, adjournments, costs, trial in absence, judgment, sentencing, overview/conclusion of the case,and post-sentence.

    It was also recommended that first part of the template should include name and location of court, including the court number; names of parties, name of judge and registrar, and particulars of the prosecution and defense counsel.

    They suggested that the format of the questions should be made objective to reduce personal opinion.

    They added that the timeline for transfer of cases and the reasons should be provided in the form, while the time a judge sits should be clearly stated.

    The use of colour codes for ease of analysis was also suggested.

    Red could mean that a case is deliberately being slowed and the rules and ACJA are not being followed; yellow could mean that the ACJA is being applied in limited form; while green could mean that the law is being strictly followed and the case is moving at the expected pace.

    PACAC said the template would be harmonised before it is deployed for the monitoring exercise.

    Other observations

    EFCC’s Head of Prosecutions, Gbolahan Latona, noted that the anti-graft war would not be won without the cooperation of all stakeholders.

    He decried that fact that in a Northern state, the EFCC began the prosecution of suspects for corruption based on complaints by a former governor, only for the new governor, through the Attorney-General, to grant them pardon.

    “The trial court, based on the so-called pardon, discharged them and said we no longer had issues before him. We (EFCC) are contesting and appealing the decision,” he said.

    According to him, the role of state authorities was critical, especially in high-profile cases. He also wants the issue of post-sentencing monitoring to taken seriously.

    Prof Sagay noted  that some judges sometimes circumvent the constitutional provision that judgment must be delivered within 90 days of adoption of addresses.

    He said such judges would summon counsel as the 90 days are about end,  raise some “irrelevant” issues about the case, after which they would adjourn again for another 90 days.

    “At the High Court level, the monitors should take note of that. There should be formal report every three months so that the supervising authorises can know what is going on,” he said.

    A journalist and judicial correspondent, Mr Ade Adesomoju, pointed out that the practice of Chief Judges transferring cases from one judge to another when such cases are already at an advanced stage should be stopped.

    A Senior Advocate of Nigeria (SAN), Sarda Suraj, denied that SANs were a cog in the wheel of justice.

    “We (SANs) want the country to prosper,” he said.

    Lagos lawyer Wahab Shittu noted that monitors should pay close attention to judges’ punctuality, as some of them contribute to delays by sitting late.

  • Events, cases that shaped Judiciary in 2017

    Events, cases that shaped Judiciary in 2017

    Last year was eventful for the Judiciary. Its hallmark were forfeiture orders, appointment of new Lagos and Federal High Court Chief Judges and Justice Isa Ayo Salami’s rejection of his appointment. ERIC IKHILAE, ADEBISI ONANUGA, JOSEPH JIBUEZE and ROBERT EGBE review the issues and cases that shaped the year.

    It was a busy 2017 for the judiciary. Several developments made headlines. Some of the major cases and issues are:

    Saraki

    On December 12, the Court of Appeal in Abuja voided the acquittal of Senate President, Bukola Saraki by the Code of Conduct Tribunal (CCT) following his trial on an 18-count charge of corruption and false assets declaration.

    The court, in a unanimous judgment on an appeal filed by the Federal Government, set aside the June 14, 2017 judgment of the CCT, which upheld Saraki’s no-case submission.

     

    Salami rejects appointment

    Former President of the Court of Appeal, Justice Isa Ayo Salami, rejected his appointment as the head of the committee set up by the National Judicial Council (NJC) to monitor the prosecution of corruption cases in courts – Corruption and other Financial Cases Trial Monitoring Committee (COTRIMCO).

    Although the Chief Justice of Nigeria (CJN) and Chairman of the NJC, Justice Walter Onnoghen regretted Justice Salami’s rejection of his appointment, he approved the appointment of Justice Suleiman Galadima in his (Justice Salami’s) place.

     

    Appeal Court to get 14 new Justices

    The CJN and the President of the Court of Appeal, Justice Zainab Bulkachuwa confirmed, on December 14 this year, the elevation of 14 judges, including Justice Mohammed Idris of the Federal High Court to the Court of Appeal. The elevation, already approved by the NJC, if confirmed by the President, as required, will raise the number of the Justices of the Court of Appeal to 100.

     

    NJC okays sack of Ademola and Tokode

    On December 7, the National Judicial Council (NJC) announced its recommendation for the compulsory retirement of Justices Ademola F. A. Ademola and O. O. Tokode of the Federal High Court.

    Justice Ademola last sat at the court’s Abuja division, while Justice Tokode was at the Benin division before their compulsory retirement.

     

    Supreme Court sacks Hembe, Sen Danladi

    The Supreme Court, on June 23 last year, sacked Senator Sani Abubakar Danladi, representing Taraba North Senatorial District, Taraba State and replaced him with Isah Shuaibu Lau.

    The court also sacked a House of Representatives member, Iorwase Herman Hembe, representing Vandeikya/Konshisha Federal Constituency of Benue State and replaced him with Mrs. Dorothy Mato.

     

    Ex-PDP chair’s son’s death

    Trial began on December 7 in the case of Maryam Sanda, wife of Bilyamin Bello, the late son of former Chairman of the Haliru Bello; her mother, Maimuna Aliyu; brother, Aliyu Sanda and one other, Sadiya Aminu before the High Court of the Federal Capital Territory in Jabi.

    Maryam is charged with culpable homicide, punishable by death under Section 221 of the Penal Code Act.  She is accused of causing her husband’s death “by stabbing him on the chest and other parts of the body with a knife and other dangerous weapons, which eventually led to his death.”

     

    Diezani

    On January 6, last year, the Federal High Court in Lagos ordered the forfeiture of $153,310,000 (about N46.6billion) allegedly diverted by a former Petroleum Minister, Mrs Diezani Allison-Madueke.\

    The EFCC said the money was stashed in three banks in Nigeria, namely Access Bank Plc, First Bank Plc and Fidelity Bank Plc. The former minister is said to have connived with the banks’ executives to hide the loot.

    On February 16, the court ordered the final forfeiture of the $153million.

    On August 28, the Federal High Court in Lagos ordered the final forfeiture of N7.6billion allegedly stolen and hidden by Mrs Alison-Madueke. Justice Abdulazeez Anka granted an application by EFCC seeking the money’s final forfeiture to the Federal Government.

    On October 3, Mrs Alison-Madueke asked the court to order the Federal Government to facilitate her return to Nigeria to face trial.

    She asked for an opportunity to defend allegations against her in a charge filed against Belgore and Suleiman.

    On November 1, Justice Aikawa held that the application was “bizarre”, “misconceived” and lacking in merit. He dismissed it.

    On October 11, the Federal High Court in Lagos ordered the final forfeiture of 58 houses belonging to Mrs Alison-Madueke.

    Justice Anka held that the properties should be forfeited since no one came forward to claim or justify ownership after the interim forfeiture order was advertised.

    On December 5, the Federal High Court in Lagos ordered the temporary forfeiture of two penthouses valued at $4.760m allegedly belonging to Mrs Alison-Madueke. The properties are: Penthouse 21, Building 5, Block C, 11th floor (Bella Vista Estate) Banana Island, Ikoyi, and Penthouse 22, Block B (Admiralty Estate) also in Ikoyi, Lagos. Justice Olatoregun ordered that they be forfeited to the Federal Government.

     

    Adegboruwa vs Magu

    Last February 20, human rights lawyer Ebun-Olu Adegboruwa withdrew his suit asking the Federal High Court in Lagos to restrain Mr Ibrahmi Magu from parading himself as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).

    Adegboruwa’s lawyer, Tayo Oyetibo, SAN, told Justice Mojisola Olatoregun that he had pleaded with the plaintiff to withdraw his suit because, among others, “Magu should be supported in the fight against corrupt practices in the country.”

    Justice Olatoregun consequently struck out the suit.

     

    Adegboruwa’s case

    Justice Oluremi Oguntoyibo of the Federal High Court in Lagos on February 24 withdrew from the trial of activist-lawyer Ebun-Olu Adegboruwa. She said she would return the case file to the Chief Judge for re-assignment to another judge. Justice Oguntoyibo said she was withdrawing from the case for “personal reasons.” EFCC arraigned Adegboruwa for allegedly dealing in a seized property.

     

    2016 corruption index

    Nigeria ranked 136th of 176 countries in the 2016 corruption perception index, according to the Transparency International (TI) report.

    The country ranked 28 in the score, having scored 26 in 2015, 27 in 2014, 25 in 2013 and 27 in 2012.

     

    Lawyers to Supreme Court

    Justice Onnoghen asked the Nigerian Bar Association (NBA) to nominate lawyers for appointment as justices of the Supreme Court.

    NBA recommended nine senior lawyers for appointment as Supreme Court justices, including former NBA president Dr Olisa Agbakoba (SAN), former Abia State Attorney-General and Commissioner for Justice Prof Awa Kalu (SAN), Chief Anthony Idigbe (SAN), Yunus Usman (SAN) and Babatunde Fagbohunlu (SAN). The shortlisting was said to have been done by a committee chaired by NBA president Abubakar Mahmoud.

     

    Ex-JTF commander

    EFCC on February 3 re-arraigned former Commander of the Joint Task Force, Operation Pulo Shield Maj. Gen. Emmanuel Atewe for alleged N8.5billion fraud. Atewe was charged along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi.

    The prosecution, which also named Kime Engozu and Josephine Otuga in the charge, said NIMASA, under Akpobolokemi, approved billions of naira to several military personnel, who were purportedly engaged to patrol the creeks to prevent pipeline vandalism and illegal bunkering. The funds, EFCC said, were allegedly diverted to private accounts through fraudulent means.

     

    Ozekhome’s account

    The Federal High Court in Lagos on February 7 ordered a temporary forfeiture of N75million found in the account of an activist-lawyer Chief Mike Ozekhome (SAN). On April 3, the court defreezed the account. EFCC said it froze Ozekhome’s GTBank account because the N75million Fayose paid him was suspected to be proceed of crime.

     

    Belgore, Suleiman

    The EFCC on February 8 arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering. He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act. They pleaded not guilty.

     

    Ex-NIMASA D-G

    The Federal High Court in Lagos on February 21 dismissed a no-case submission made by former Nigerian Maritime Administration and Safety Agency (NIMASA) acting Director-General Calistus Obi. Justice Mojisola Olatoregun ordered him to open his defence.

    EFCC arraigned Obi on eight counts of converting N378,810,000 from NIMASA.

     

    Obanikoro vs EFCC

    Senator Musiliu Obanikoro and his family on February 22 sued EFCC at the Federal High Court in Lagos over the seizure and detention of their property. They sought a declaration that the forceful seizure of their personal effects constitutes a gross violation of their rights.

     

    Ex-NAMA MD

    On March 10, the Federal High Court in Lagos ordered the temporary forfeiture of N3.5bilion and $67,586.27 in the accounts of former Nigerian Airspace Management Agency (NAMA) Managing Director Ibrahim Abdulsalam and other officers. The others are former NAMA General Manager, Procurement, Olumuyiwa Adegorite, former General Manager, Finance, Segun Agbolad and former acting General Manager, Information and Communication Technology (ICT) Bolaniran Akinribido.

    The rest are Director of Finance Clara Aliche, Adegorite’s wife co-director of Multeng Travels and Tours Ltd, Joy, Abiodun Sessebor, Randville Investment Ltd, Multeng Travels and Tours, Delosa Ltd, Airsea Delivery Ltd and Sea Schedule Systems Ltd.

     

    Sagay vs Senate

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) had a running battle with the Senate in 2017. He said the Senate lacks the authority to summon him, being a private citizen. Sagay said the lawmakers were embarking on a “futile” exercise that could have “embarrassing consequences” by asking him to appear before them.

     

    INEC officials

    On April 5, the EFCC arraigned three Independent National Electoral Commission (INEC) officials for allegedly receiving bribes from former Petroleum Minister Mrs Diezani Alison-Madueke to compromise results of the 2015 general elections. Christian Nwosu, Yisa Adedoyin and Tijani Bashir were arraigned before Justice Mohammed Idris of the Federal High Court in Lagos. They allegedly collected N264.88million bribe on March 27, 2015 from the minister ahead of the election.

     

    Ex-Naval chief

    The Federal High Court in Lagos on April 6 ordered the forfeiture of N1.8billion recovered from a former Chief of Naval Staff, Dele Ezeoba. Justice Muslim Hasan ruled on EFCC’s application praying for a permanent forfeiture N1,825,000,000 allegedly diverted fraudulently by Ezeoba.

     

    Patience Jonathan’s account

    The Federal High Court in Lagos on April 6 de-freezed a bank account belonging to wife of former President Goodluck Jonathan, Patience with over $5,842,316.66 (about N1.7billion) lodged in it. Justice Mojisola Olatoregun-Ishola defreezed the account  based on an application filed and argued by Mrs Jonathan’s lawyer, Mr. Adedayo Adedipe (SAN), said his client was not a party to the suit.

    On November 14, the Federal High Court in Lagos granted an order temporarily freezing N350million allegedly traced to Mrs Jonathan. The money is in an account domiciled in Stanbic IBTC, EFCC said. Justice Hadiza Rabiu-Shagari granted EFCC’s ex-parte application filed by its lawyer Mr Rotimi Oyedepo.

     

    NBA leadership’s sack

    The Nigerian Bar Association (NBA) leadership on April 12 claimed it was not in contempt of court by refusing to vacate office following a Federal High Court judgment nullifying the associations constitution. Justice John Tsoho declared the association’s 2015 amended constitution illegal for non-compliance with the Companies and Allied Matters Act (CAMA) and for not being registered with the Corporate Affairs Commission (CAC). The judge granted the plaintiff’s reliefs, including an injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution.

     

    N449m found in Lagos shop

    Justice Rilawan Aikawa of the Federal High Court in Lagos on April 19, ordered the temporary forfeiture of N449,750,000 found in an abandoned Bureau de Change shop on Victoria Island in Lagos.

     

    INEC staff convicted

    On May 3, the Federal High Court in Lagos convicted an INEC staff for allegedly accepting over N70million bribe from former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election results. Justice Mohammed Idris convicted Yisa Adedoyin for receiving cash payment of N70,050,000.00 after he pleaded guilty to an amended charge.

     

    NIMASA D-G Omatseye’s acquittal

    On May 11, the Court of Appeal, Lagos Division, overturned the five-year conviction of a former NIMASA Director-General, Temisan Raymond Omatseye, for an alleged N1.5billion contract scam. The court set aside the May 20, 2016 judgment of Justice Rita Ofili-Ajumogobia which convicted Omatseye on a 27- count charge bordering on bid rigging and contract splitting.

     

    Fani-Kayode re-arraigned

    The EFCC on May 15 re-arraigned former ministers of Aviation and Finance, Chief Femi Fani-Kayode and Senator Nenadi Usman for alleged N4.6billion fraud. They pleaded not guilty to the 17-count charge of laundering.

    The defendants were first arraigned on June 28, 2016 before Justice Muslim Hassan. But, on March 16, he recused himself from the case after Fani-Kayode accused him of likely bias.

     

    Ifeanyi Ubah’s arrest

    The Federal High Court in Lagos on May 25 ordered the Department of State Services (DSS) to charge Capital Oil and Gas Ltd Managing Director Dr Ifeanyi Ubah within 48 hours or release him unconditionally. Justice Idris held that Ubah’s detention without charge violated his rights. He knocked the DSS counsel for lying on oath in a bid to justify Ubah’s illegal detention. The Service arrested Ubah on May 6 over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the Nigeria National Petroleum Corporation (NNPC”.

     

     

    Surety jailed

    The Federal High Court in Lagos on June 13 sent  Ibikunle Olusakin to seven years imprisonment for presenting forged documents to the court when he acted as surety for a suspect.

     

    Tompolo’s suit

    The Federal High Court in Lagos on July 5 dismissed a suit by a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), who was declared wanted on February 12, 2016. He was charged with an alleged N45.9 billion fraud. He sought an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.” Through his lawyer Ebun-Olu Adegboruwa, he said the sections were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.

     

    Senator’s 12-storey building

    The Federal High Court in Lagos on October 4 dismissed an application by Senator Peter Nwaoboshi to release his seized 12-storey building. He represents Delta North Senatorial District.

    He prayed the court to discharge an interim order made by Justice Anka forfeiting the property.

    EFCC accused the Senator of defrauding Delta State of N1.5billion and laundering part of it through a company, Suiming Nigeria Ltd and that he acquired the property with part of the money. Justice Anka held there was no abuse by the commission in “attaching” the property.

     

    Agbakoba sues Fed Govt

    In October, Dr Agbakoba sued the Federal Government over alleged violation of the Federal Character principle in the composition of the Nigerian National Petroleum Corporation (NNPC) board. He said none of the persons appointed to fill the nine positions were from the states that make up the Southeast geo-political zone. According to Agbakoba, more than one person were appointed from other geo-political zones in violation of the constitution.  Members of the board include Dr Tajuddeen Umar (Northeast), Dr. Maikanti Baru (Northeast), Mr. Abba Kyari (Northeast), Mr. Mahmoud Isa-Dutse (North Central), Mallam Mohammed Lawal and Mallam Yusuf Lawal (both Northerners). Others are Dr. Emmanuel Ibe Kachikwu (South-South), Dr. Thomas M.A John (South-South), and  Dr. Pius O. Akinyelure (South-West).

     

    Paris/London Club loan

    The Federal High Court in Lagos on October 13 ordered the temporary forfeiture of N1.4bilion, being part of Paris/London Club loan, to the Federal Government. EFCC said N1,442,384,857.84 was fraudulently obtained from the states through the Nigerian Governors Forum (NGF).

     

    Osborne Tower’s Flat N7b

    On  November 9, EFCC accused former National Intelligence Agency (NIA) Director-General Ayodele Oke of fraudulently converting the agency’s funds. It alleged that Oke’s wife, Folasade, used part of the funds to buy Flat 7B in Osborne Towers on 16 Osborne Road, Ikoyi, where large sums of foreign and local currencies were recovered. The Federal High Court in Lagos ordered the flat’s temporary forfeiture to the Federal Government. It was later forfeited permanently.

     

    Nnamani’s arrest

    On December 4, the Federal High Court in Lagos ordered the arrest of former Enugu State Governor Dr Chimaroke Nnamani. Justice Chuka Obiozor issued a bench warrant for his arrest after Nnamani failed to turn up for his re-arraignment.

    EFCC first arraigned Nnamani 11 years ago on 105 counts of alleged money laundering and economic crimes involving about N4.5billion state funds.

     

    Lagos director’s ‘N28m’

    The Federal High Court in Lagos on December 7 ordered the temporary forfeiture of N28.5million allegedly stolen by a Director of Accounts in the Lagos State Public Works Corporation (LSPWC) Mr Anifowoshe Muhammed Jamiu Alade. EFCC said the sum recovered from him “is reasonably suspected to be proceeds of unlawful activity to wit: stealing.” Justice Aikawa ordered the interim forfeiture to the Federal Government of properties recovered from Alade.

     

    Fanta/Sprite Vitamin C controversy

    Last March, a Lagos High Court ordered the Nigerian Bottling Company (NBC) to place written warnings on Fanta and Sprite bottles against drinking them with ascorbic acid, commonly known as Vitamin C.

    Justice Adedayo Oyebanji awarded costs of N2million against the National Agency for Food and Drug Administration and Control (NAFDAC) for failing to ensure health standards.

    The court held that high levels of benzoic acid and sunset additives in the popular soft drinks could pose a health risk to consumers when mixed with vitamin C.

    The NBC, which insisted its products are safe, has appealed the ruling.

     

    Cynthia Osukogu’s killers

    A Lagos State High Court in Igbosere on March 23 convicted Okwumo Nwabufo and Olisaeloka Ezike who were charged with the murder of a postgraduate student of Nasarawa State University, Cynthia Osokogu.

    The judge, Justice Olabisi Akinlade, ordered that Nwabufo and Ezike be hung by the neck until they are dead.

    Osokogu, then 25 years old, was lured from Abuja to Lagos on July 21, 2012 by Nwabufo, who she met and befriended on Facebook.

    The men assaulted before killing her.

     

    Justice Nganjiwa’s corruption charge quashed

    On December 11, the Court of Appeal, Lagos Division, struck out the criminal charge filed by the EFCC against a judge of the Federal High Court, Justice Hyeladzira Nganjiwa.

    The EFCC arraigned the judge for allegedly receiving a total of $260,000 and N8.65m gratification to enrich himself as a public official.

    His trial began last June 23 before Justice Adedayo Akintoye of the Lagos State High Court in Igbosere.

    On November 22, the judge excused herself from the trial following a petition written against her by Nganjiwa, alleging the possibility of bias.

    However, following an appeal by his lawyer, Chief Robert Clark (SAN), the appellate court struck out the charge.

    The court agreed with Clarke that a judge could not be prosecuted until such judge had either been dismissed or compulsorily retired by the National Judicial Council.

     

    Rickey Tarfa

    EFCC on December 12 opposed a no-case submission filed by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.

    The anti-graft agency arraigned Tarfa on March 10, 2016, on a 27-count charge which was amended to 26 counts.

    It was also alleged, among others, that Tarfa offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, Lagos, in order to compromise the judge.

    The trial began in March 2016 before Justice Adedayo Akintoye of the Lagos State High Court, Igbosere.

     

    Lagos, Federal High Court get new Chief Judges

    On October 20, Governor Akinwunmi Ambode swore in Justice Opeyemi  Oke as the 16th Chief Judge of Lagos. She succeeded Justice Olufunmilayo Atilade who attained the mandatory retirement age on Sunday September 24, 2017.

    Justice Oke joined the Lagos State Judiciary as a Senior Magistrate in 1986, rising to Chief Magistrate Grade 1 in1996. She was also a Deputy Chief Registrar of the High Court of Lagos State between 1993 and 1994. She was appointed Judge of High Court of Lagos State on July 19, 1996.

    On September 16, Justice Onnoghen swore-in Justice Abdu Kafarati as the Acting Chief Judge of the Federal High Court. He succeeded Justice Ibrahim Auta.

     

    Justice Ofili-Ajumogobia’s trial

    The trial of a federal high court judge, Justice Rita Ofili-Ajumogobia, which began  in November 2016, continued to make headlines in 2017. EFCC arraigned her and Chief Godwin Obla (SAN) for alleged bribery and conspiracy to pervert the course of justice.

     

    Evans

    The Lagos State government on August 30 arraigned suspected billionaire kidnapper,  Chukwudumeme Onwuamadike, a.k.a. Evans, before Justice Hakeem Oshodi of an Ikeja High Court for alleged kidnapping of one Dunu Donatus.

    Evans was arraigned alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu.

    The defendants were on October 19 re-arraigned on a two-count amended charge bordering on conspiracy and kidnapping.

    Evans is also facing two other kidnapping charges before Justice Oluwatoyin Taiwo of the Lagos State High Court, Igbosere.

    A fourth arraignment on a similar charge before Justice Adedayo Akintoye stalled following objections by Evans’ lawyer, Olukoya Ogungbeje.

     

    West Africa’s first DNA centre

    The commissioning of the “first state-owned DNA Forensic Centre in West Africa” by Lagos State Government coupled with the formal adoption of plea bargain by the state were another land mark events that shaped 2017.

    Governor Akinwunmi Ambode, who opened the facility, said it would go a long way in resolving crimes, paternity issues and others through technology which is the modern trend across the world.

    The facility provides crime scene processing; serological screening for blood and semen; DNA analysis of bone, teeth and hair; maternal and paternal relationship DNA analysis; expert witness and case handling services; paternal and maternal ancestry DNA analysis; cold case file review and mass disaster human identification.

  • ‘HIV, AIDS cases drop in Lagos’

    ‘HIV, AIDS cases drop in Lagos’

    Lagos has recorded a drop in HIV/AIDS prevalence, the  Lagos State AIDS Control Agency (LSACA) Chief Executive Officer (CEO), Dr Oluseyi Temowo, has said.

    He stated this at the World AIDS Day, which had as theme: Right to health: Making it happen.

    He said: “We know that there is a drop of 1.7 percent, and the screening done among communities the prevalence rate is 0.3 percent, whereby 576, 406 were screened at different health facilities, and 29, 010 were screened at communities.

    ‘’The figure on positive expectant mothers at antenatal in 2014 is four percent but now, we have 1.4 percent.’’

    He said there are about 217, 658 positive people in the state, and about 64, 554 who are on Anti-retroviral (ARV).

    Temowo said the state was planning to screen physically challenged people living with for HIV, starting with the deaf and the blind.

    “This set of people were neglected before but the decision to enlist them is to ensure nobody is left behind in ensuring that the state captured everybody for an HIV/AIDS state,” he said.

    Temowo urged non- governmental organisations to collaborate with the state on HIV/AIDS to focus on villages, communities and rural areas to achieve the set target of  eradicating the virus by 2030.

    The agency held a talk at Ipodo Market in Ikeja. This was followed by a walk, which started from Obafemi Awolowo Way, passed through Allen Roundabout, and ended at the Office of the President-General of Nigeria Market Men and Women Association, Mrs Folasade Tinubu-Ojo.

    Temowo said the agency would screen for HIV in some markets at Ikorodu and Epe divisions, and in some parts of Ikeja and Alimosho divisions.

    “The market HIV intervention will continue after the World AIDS Day on December 1.We are targeting the market because it is an all-inclusive thing to achieve 90:90:90,” he said.

    At the events, participants were given branded pouches. According to Temowo, the message of the day, is to encourage consumers to screen voluntarily so Lagos could be HIV and AIDS free.

    The market men and women  expressed happiness with the walk. They promised to comply with the agency’s requirements.

     

  • Rise in cancer cases

    Rise in cancer cases

    •Governments have to focus more on how to fight the scourge than merely churning out statistics 

    The Federal Ministry of Health in a release of health statistics confirmed that 250,000 new cancer cases are recorded annually in the country. The country already has over two million people diagnosed with cancer. The rise in number of patients calls for robust intervention from the government.

    Incidentally,we observed, on this page about four months ago the poor medical facilities for cancer treatment and prevention: “Nigerians diagnosed with cancer are in serious danger, as all the radiation treatment machines are out of use in various parts of the country. Out of the eight radiotherapy machines procured by the Federal Government over 10 years ago and distributed to seven states and the FCT, none is functioning at present…. Most cancer patients cannot afford to patronise private hospitals because of prohibitive cost of such hospitals. The few government hospitals that would have been available to such patients are now unable to treat people in dire need of immediate medical attention.”

    Despite the lack of adequate facilities to treat existing cancer cases; 250,000 additional cases annually is bound to call for more serious commitment of funds to cancer treatment and prevention, more so when there is no assurance that the problems raised in an earlier editorial about lack of medical equipment to treat cancer had been adequately addressed. Therefore, the new Intervention Fund announced in Akure by the Federal Minister of Health, though long overdue, is welcome.

    It is remarkable that the Federal Ministry of Health is constantly giving citizens more information about health statistics than previous governments. But what is the significance of such facts and figures without any concrete effort by governments at all levels to provide the right condition needed to solve the problem? Admittedly, the country has had various challenges in recent times: Ebola, Lassa Fever, Monkey Pox, etc., to which the government has reacted with concern. But the health of millions of Nigerians deserves serious strategic intervention that goes beyond periodic release of health statistics. As reassuring as good plans of action are, such actions need to become in good time deliverables that can improve the condition of citizens with cancer.

    For example, the health minister said in relation to the government’s new Health Intervention Project: “In total, we plan to screen 250,000 eligible poor Nigerians who hitherto could not pay for these services. May I appeal to private sector players, including foundations, to support the Federal Government in her quest to screen Nigerians for cancers by collaborating with us? We are open to suggestions and advice to making this effort sustainable.”

    We believe that there is no need to re-invent the wheel about how to address the country’s mounting health problems, especially with respect to cancer. Most of our political leaders travel abroad often enough to see what other governments do to improve and sustain the health of their citizens. Other countries provide well-equipped cancer centres; establish cancer research centres; and provide comprehensive health insurance schemes to alleviate the financial burden of preventing and treating cancer. Throwing N300 million at about 30 federal medical facilities to fight cancer may sound significant but this is not likely to go far enough, given that the average cost of one Linear Accelerator (LINAC) is about N20 million. While allocation of 8% of over N8 trillion budget to the health sector remains a concern, given the poor state of health care in the country, we call for reprioritisation of the Health Intervention Project. It is more logical to have at least six well-equipped Cancer Centres across the six geopolitical regions than to give an average of N300 million to over 30 federal medical institutions.

    It is remarkable that the Federal Government’s Health Intervention Project includes revitalising 774 primary health centres across the country. But cancer is a tertiary issue and is bound to be more capital and labour-intensive. We therefore appeal to the government to step up to the plate accordingly. While commending the health ministry for giving more attention to health statistics, we urge the federal and state governments to take concrete steps to address the problem of caring for over two million cancer patients ,and early screening for breast, cervical, and prostate cancer.

  • ‘Lagos records drop in HIV, AIDS cases’

    ‘Lagos records drop in HIV, AIDS cases’

    The war against the HIV/AIDS epidemic is being intensified in Lagos, it was learnt at the weekend.

    According to the Chief Executive Officer (CEO) of the Lagos State AIDS Control Agency (LSACA), Dr. Oluseyi Temowo, 64, 554 out of the 217, 658 persons tested positive to the daedly scourge are on Anti-retroviral (ARV) treatment.

    Temowo stated this  at news conference on this year’s World AIDS Day on  scheduled for December 1. He gave the theme of the programme as: “Right to Health- Making it happen.”

    Relying on the the records compiled between January and June this year at outreaches and in communities, the LASCA C chief: “We know that there is a drop of 1.7 per cent. For the screening done among communities, the prevalence rate is 0.3 per cent, whereby 576, 406 were screened at different health facilities and 29, 010 were screened at communities. The figure on positive expectant mothers at antenatal in 2014 is four per cent , but now, we have 1.4 per cent.”

    Temowo said the state willbegin HIV screening for people living with disabilities  in the state, beginning with the deaf and the blind.

    “These set of people were neglected before but the decision to enlist them is to ensure that nobody is left behind in ensuring that everybody is captured for an HIV/AIDS  state,” said Temowo.

  • Cases that rocked 2016-2017 legal year

    Cases that rocked 2016-2017 legal year

    The courts made several important interventions in the 2016-17 legal year, which began last September and ended in July. As the long vacation gives way to the 2017-2018 legal year, which begins next week, ROBERT EGBE reviews some of the most significant decisions in the last legal year.

    When the courts began the long vacation last July, they left a trail of judgments that will reshape the practice of law, politics, business and government administration for long.

    Notable among the many cases are the Supreme Court’s ruling confirming the extinction of the grant of stay of proceedings in criminal trials.

    Another is the Court of Appeal’s ruling upholding the right of states over inland waterways rather than the Federal Government.

    The Federal High Court and the Lagos State High Court also had their share of economically and socially- significant decisions in the forfeiture cases, particularly that involving former Minister of Petroleum Mrs. Diezani Alison-Madueke, and the case outlawing Unified Marriage Licences by Local Governments across the country.

    Olisa Metuh v Federal Republic of Nigeria

    Outcome: Outlaw of stay of proceedings in criminal trials

    One of the innovations of the Administration of Criminal Justice Act (ACJA) 2015 is the abolition of stay of proceedings and interlocutory appeals by merging all preliminary objections in criminal cases.

    The law was occasioned by, among others, the unending delay in the trial of politically-exposed persons in corruption cases.

    For instance, in October 2005, the Economic and Financial Crimes Commission (EFCC) filed a N664 billion corruption charge against Mohammed Abacha, son of the late dictator Sani Abacha.

    The case stalled for nearly 10 years because of preliminary objections raised and argued from the High Court to the Supreme Court by Abacha through his counsel, J. B. Dauda.

    On January 14, 2014 the Supreme Court ordered that the trial be commenced de novo at the Federal Capital Territory High Court.

    In frustration, the Federal Government discontinued the charge.

    In another instance, the prosecution of Major Hamza Al Mustapha over the murder of Mrs. Kudirat Abiola lasted 13 years on account of several preliminary objections and interlocutory appeals which were pursued from the High Court to the Supreme Court.

    However, in a landmark judgment last June 12, a five-man panel of the Supreme Court put the nail in the coffin of the practice using court orders to suspend criminal trials.

    It upheld Section 306 of the Administration of Criminal Justice Act (ACJA) and Section 40 of the Economic and Financial Crimes Commission (Establishment) (EFCC) Act, which prohibit courts from granting stay of proceedings in criminal trials.

    Opponents of the sections had argued that prohibiting courts from staying proceedings in criminal trials was a violation of the constitutionally- guaranteed right to appeal.

    But the apex court ruled that the provisions of both laws were in conformity with Section 36(4) of the 1999 Constitution, which provides that any person charged with a criminal offence “shall be … entitled to fair hearing in public within a reasonable time.”

    In a unanimous judgment, it held that by virtue of both sections, neither it nor any other court has the power to stay proceedings in a criminal case.

    The panel, which comprised Justices Dattijo Muhammed (presiding), Kudirat Kekere-Ekun, Ejembi Eko and Sidi Bage gave the ruling while dismissing an appeal on an application for stay of proceedings filed by a former National Publicity Secretary of the Peoples Democratic Party (PDP) Olisa Metuh.

    The Federal High Court in Abuja had earlier rejected his application to stop his trial pending appeal, following which Metuh appealed unsuccessfully to both the Court of Appeal and the Supreme Court.

    Metuh and his company, Destra Investments Limited, are on trial before Justice Okon Abang of the Federal High Court, Abuja, for laundering the sums of $2 million and N400 million, which the defendants allegedly received unjustifiably from the Office of the National Security Adviser in 2014.

    The funds were allegedly used to fund the 2015 presidential campaign of the Peoples Democratic Party (PDP).

    Although Metuh pleaded not guilty to the charges, the court dismissed his application for stay of proceedings for being “violently in conflict” with Section 36(4) of the constitution, Section 306 of ACJ, and Section 40 of the EFCC Act.

    Metuh then approached the courts to grant a stay of proceeding after he had filed a no-case submission in his criminal trial, which was dismissed by the Federal High Court.

    Metuh’s trial before the Federal High Court resumed on June 19.

    Lagos State Waterways Authority & Ors v Incorporated Trustees of Association of Tourist Boat Operators &Ors

    Outcome: States have power to regulate inland waterways

    Who has the right to make laws/regulate intra state waterways/inland waterways,the National Assembly or the State House of Assembly?

    Last July 18,the Court of Appeal sitting in Lagos upheld the argument of Lagos State Attorney-General Adeniji Kazeem that by virtue of sections 4(2), 4(4)(a), Sections 315 and Items 36 and 64 of the Exclusive List of the Constitution, that power belongs to the states.

    The case, which is now before the Supreme Court, was instituted on May 22, 2012 at the Lagos Division of the Federal High Court by the Lagos State Waterways Authority and three others.

    The defendants/respondents were The Incorporated Trustees of Association of Tourist Boat Operators & Water Transportation in Nigeria, Incorporated Trustees Dredgers Association of Nigeria Transport, National Inland Waterways Corporation, Nigeria Maritime Standard And Safety Agency, Minister of Mines & Steel Development and Minister of Transport.

    The Appellate Court,in a unanimous decision held that the Lagos State House of Assembly is competent to make laws in respect of the intra-Inland Waterways in Lagos State except inter-state waterways declared as international or interstate waterway under Item 5 in the 2nd Schedule to the National Inland Waterways Act.

    In the leading judgment of the court, Justice Hussein Mukhtar held: “Item 64 is couched in no narrower scope as it deals with water from such sources declared by the National Assembly to be sources affecting more than one State.

    “The inland waterways within Lagos State are not and cannot by any stretch of interpretation be covered by any item on the Exclusive Legislative List under Part 1 to the Second Schedule of the Constitution and I so hold.

    The court also held that”the authority of the Lagos State House of Assembly to legislate in respect of all intra-state inland water ways is not in doubt” and all other inland waterways within Lagos State are within the legislative competence of the Lagos State House of Assembly and any revenue accruable therefrom is payable to the Lagos State Waterways Authority.

    The Diezani forfeiture cases

    Outcome: Federal Government recovers billions of nairasuspected to be stolen

    Continuing a trend which began in 2015, the Economic and Financial Crimes Commission (EFCC) recovered billions in cash and property for the Federal Government in the 2016-2017 legal year mostly through the whistle-blowing policy introduced last December.

    The funds, suspected to be proceeds of crime, were permanently forfeited by Federal High Courts across the country after their seizures from mostly politically exposed persons.

    They include the N1.8billion recovered last April 6 from a former Chief of Naval Staff, Dele Ezeoba, the N449,750,000 found in an abandoned Bureau de Change shop in Victoria Island, Lagos and the $43,449,947 (about N13billion), N23, 218,000 million and £27,800 (about N10.6 million) cash found in Flat 7B, Osborne Towers, 16, Osborne Road, Ikoyi, Lagos.

    But the recoveries made in connection with former Petroleum Minister Mrs Diezani Alison-Madueke stand out.

    Last February 16,five months into the 2016-2017 legal year, the Federal High Court in Lagos ordered the final forfeiture of $153 million allegedly belonging to Mrs Allison-Madueke, to the Federal Government.

    Justice Muslim Hassan also ordered the forfeiture of an unclaimed  N23.4 billion, $5 million as well as $40 million (the naira equivalent is N9.08 billion) which the EFCC said was laundered for her and was unclaimed.

    On August 7, 2017 Justice Chuka Obiozor of the same court ordered the permanent forfeiture to the Federal Government of a $37.5million Banana Island property allegedly bought in 2013 by Mrs. Alison-Madueke.

    The judge also ordered that $2,740,197.96 and N84,537,840.70 realised as rent on the property be permanently forfeited to the government.

    Last August 22, the Federal High Court in Lagos ordered the interim forfeiture of 58 houses allegedly bought between 2011 and 2013 for $21,982,224 million (N3.320 billion) by Diezani.

    Justice Abdulaziz Anka adjourned till September 8 for anyone to show cause why the properties should not be permanently forfeited to the Federal Government.

    Also last August the Federal High Court in Lagos ordered the final forfeiture of N7.6billion allegedly stolen and hidden by the former Minister.

    Mrs Alison-Madueke, who was a powerful member of former President Goodluck Jonathan’s Cabinet from 2010 to May 2015, has consistently denied the allegations.

    Olamide Babalola v Ikeja Local Government & Registered Trustees of Association of Local Governments of Nigeria

    Outcome: Local Government Marriage Certificates must conform with Form E of the Federal Marriage Registry

    Last year, Consumer Rights Lawyer Olumide Babalola filed a class action suit against Ikeja Local Government and Association of Local Governments of Nigeria (ALGON) at the Lagos State High Court, Igbosere.

    He sought, among others, a declaration that Ikeja Local Government could not issue modified marriage certificates different from that provided under Section 24 of the Marriage Act, LFN 1990.

    Before Babalola’s suit, local governments across the country issued customised marriage certificates known as “Local government Unified Marriage Certificate.”

    Babalola successfully argued that such certificates were illegal.

    Delivering judgment last May 15, Justice Ibironke Harrison of the Igbosere division, ordered as follows:

      A declaration that Ikeja Lo-cal Government) does not have powers to issue modified and/or customized marriage certificates different from that provided in Form E under section 24 of the Marriage Act, LFN 1990.

    A declaration that the ALGON’s “Local Government Unified Marriage Certificate” is unknown to our law, unconstitutional, null and void.

    A perpetual injunction restraining the defendants, their agents, officers, employees and representatives from further issuing modified and/or altar marriage certificate apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN 1990.

    A perpetual injunction restraining ALGON from further issuing “Local Government Unified Marriage Certificates.

    An Order that all modified marriage certificates issued by the defendants be surrendered to the appropriate local government where the marriage was conducted and an appropriate certificate in line with Form E should be re-issued.”

    The judge added: “By this judgment, intending couples are to ensure that the type of certificates issued to them by local government marriage registries conform with the one issued by the Federal Marriage Registry in Form E while already-married couples are to return their irregular and illegal marriage certificates to the local governments in exchange for the proper ones.”

    Following the judgment, the Federal Government wrote to embassies in the country not to issue visas or recognise marriages conducted by local governments based on such marriage certificates.

    In compliance with the judgment, local governments in Lagos State on July 13, began issuing Form ‘E’ Marriage Certificates.