The Nation Newspaper

Tag: Chukwujekwu Aneke

  • Court issues Bench warrant for ex-NIA DG Oke, wife

    The Federal High Court in Lagos on Thursday ordered the arrest of former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife Folasade.

    Justice Chukwujekwu Aneke issued a bench warrant for the couple’s arrest and detention following an application by the Economic and Financial Crimes Commission (EFCC) to that effect.

    Prosecuting counsel Rotimi Oyedepo told Justice Aneke that the defendants could not be found so as to be served with a money laundering charge filed against them.

    He said the couple also refused to answer phone calls from EFCC operatives.

    Moving the application, Oyedepo also urged the court to declare the defendants wanted.

    He said: “The defendants are not in court and not represented. They are yet to be served with the charge.

    “In the course of investigation, they provided an address in their statements. We have gone to that address but we didn’t find them. Their security confirmed they live there.

    “We also made repeated calls to their numbers, but they chose not to pick our calls.

    “In view of these, I urge your lordship to grant us a warrant of arrest of the defendants for the purpose of compelling their attendance in court.

    “Section 114 of the Administration of Criminal Justice Act (ACJA) empowers your lordship to do so. We’re ready to produce them if we obtain the order.”

    Oyedepo said the suspects, who had no legal representation, could not claim ignorant of the charge as the case had been in the news since it was initiated.

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    “We pray for an additional order declaring them wanted,” the lawyer prayed.

    Ruling, Justice Aneke held that the application was meritorious in view of the prosecutions explanations.

    “Consequent upon the difficulties encountered by the prosecution in having them appear before the honourable court to stand their trial, I am convinced that the application is not without merit.

    “In the circumstances, I hereby accordingly issue an order of warrant of arrest against the first defendant in accordance with Section 114 of the Administration of Criminal Justice Act 2015.”

    Justice Aneke, however, refused the prayer to declare them wanted.

    He said they would only be declared wanted if EFCC does not succeed in executing the bench warrant after trying.

    Oke and his wife were charged in connection with the $43, 449, 947, 000 found in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi Lagos.

    Justice Muslim Hassan had on June 6, 2017, granted a final forfeiture order of the funds.

    EFCC said the Okes, on or about April 12, 2017 in Lagos, concealed $43, 449, 947, 000, property of the Federal Government in Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi, Lagos.

    It said they reasonably ought to have known that the sum formed part of proceeds of an unlawful act to wit: criminal breach of trust.

    The commission said the couple, between August 25 and September 2, 2015 in Lagos, indirectly used $1, 658, 000, property of the Federal Government, to acquire the flat.

    They were also accused of directly retaining $160, 777, 136.85, property of the Federal Government, between August 25 and September 2, 2015 in Lagos.

    EFCC said they “reasonably ought to have known” that the sum “formed part of proceeds of an unlawful act to wit: criminal breach of trust”.

    In the fourth and final count, the prosecution said Oke and his wife, within the same period, “directly converted $160, 777, 136.85, property of the Federal Government of Nigeria to your own use”.

    The alleged offence in all the counts, EFCC said, are contrary to Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    Justice Aneke adjourned until March 18 for report of compliance.

  • $8.1bn reparation: Judge gives MTN, CBN more time to settle

    A Federal High Court in Lagos, on Wednesday granted MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN) till January 22, for a report of settlement talks in their $8.1bn reparation dispute.

    Justice Saliu Saidu adjourned till January 22, after parties prayed for more time to forge a deal.

    At the last hearing of the suit on December 4, the parties told the judge that they were exploring an out of court agreement following which the suit was adjourned for report of settlement.

    At the commencement of proceedings on Wednesday, Chief Wole Olanipekun (SAN) for MTN, Mr Seyi Sowemimo (SAN) for CBN, and Mrs Oluwakemi Kanbu, for the Attorney-General of the Federation (AGF) confirmed that a deal had yet to be reached.

    MTN initiated the suit against CBN and the Federal Government.

    Olanipekun said: “We were before this court on December 4, and told the court that parties were talking settlement. My Lord, the discussion is still ongoing and progressing.

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    “As a result of this, we seek further indulgence for a date in January, so we can inform your lordship on further developments. We are very much obliged,’’ he said

    Sowemimo confirmed Olanipekun’s submission.

    He said: “I confirm that we are still making moves for out of court settlement, and we will be available on January 22, 2019, subject to the court’s convenience.’’

    Kanbu aligned with both submissions.

    Following the development and based on agreement of parties, the court consequently adjourned until Jan. 22, 2019, for a report of settlement.

    MTN filed the suit, seeking an injunction to restrain the CBN and AGF from taking further actions to reclaim the alleged debts.

    The firm wants the court to hold that CBN lacks power to determine its civil obligations or penal liabilities.

    It is seeking a declaration that the CBN acted outside its statutory powers when it wrote a letter to it on August18, demanding a refund of $8.1bn.

    It wants the court to hold that the demand was illegal, oppressive, abusive, unauthorized and unconstitutional.

    On its part, CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return $8.1bn to its coffers.

    Meanwhile, MTN filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    MTN queries these assessments.

    Justice Aneke has fixed February 7, 2019 for hearing of all pending applications in this suit.

  • $10.1bn repatriation: Court fixes Dec. 12 for report of settlement in MTN vs CBN case

    A Federal High Court in Lagos on Tuesday, fixed December 12, for report of settlement in a $10.1 billion or $8.1bn reparation dispute between MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN).

    Justice Saliu Saidu fixed the date following commencement of settlement talks by the parties.

    The Nation learnt that the parties are in disagreement over whether the sum involved in the suit is $10.1billion or $8.1bn.

    MTN’s counsel in the suit is Chief Wole Olanipekun (SAN), who, at the commencement of proceedings, appeared alongside four other senior lawyers.

    Mr Seyi Sowemimo (SAN) appeared for CBN, while Mr T.D Agbe, Senior State Counsel from the Federal Ministry of Justice, appeared for the Attorney-General of the Federation (AGF).

    Olanipekun told the judge that although the matter today was slated for hearing of pending applications, “we owe the court a duty to inform it that parties are engaged in talks.

    “Counsel have conferred, and in view of this, we are asking for a short date for report,”

    Sowemimo confirmed Olanipekun’s view.

    He added: “We have reached an advanced stage towards settlement, and it remains to cross the Ts and dot the Is; it is just for report of settlement.”

    Upholding their prayers, Justice Saidu adjourned till December 12 for a report of settlement.

    MTN filed the suit, seeking an injunction to restrain the CBN and AGF from taking further actions to reclaim the sum, alleged debt.

    The firm wants the court to hold that the CBN lacks power to determine its civil obligations or penal liabilities.

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    It is urging the court to declare that the CBN acted outside its statutory powers when it wrote a letter to it on August 18, demanding a refund of 8.1 billion dollars.

    It wants the court to hold that the demand was illegal, oppressive, abusive, unauthorised and unconstitutional.

    On its part. CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return 8.1 billion dollars to its coffers.

    Meanwhile, MTN has filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    MTN queries these assessments.

    Justice Aneke has fixed February 7, 2019 for hearing of all pending applications in this suit.

  • MTN sues FG for N3b over $1.3b withholding tax

    MTN Nigeria Communication Ltd has filed a fresh suit at the Federal High Court in Lagos to challenge the legality of N242 billion and $1.3 billion import duties and withholding tax demanded from it by the Federal Government.

    It is demanding N3billion general and exemplary damages and legal costs from the defendant.

    Justice Chukwujekwu Aneke on Thursday adjourned the suit until December 3 for hearing after counsel confirmed that motions have been filed and served on parties.

    MTN, in the suit filed on September 10, is challenging the legality of the Attorney-General of the Federation’s assessment of its import duties, withholding tax and value added tax amounting to N242 billion and $1.3 billion.

    It is contending that the purported “revenue assets investigation” allegedly carried out by the Federal Government  for the period of 2007 to last year, and its decision conveyed through the Office of the AGF by an August 20 letter, violates the provisions of Section 36 of the 1999 Constitution.

    The plaintiff sought a declaration that the AGF acted in excess of its powers by purporting to direct through its letter of May 10 a “self-assessment exercise” which usurps the powers of the Nigerian Customs Service to demand payment of import duties on importation of physical goods.

    MTN sought a declaration that the AGF acted illegally by usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding and value added taxes.

    It is praying the court to hold that the purported self-assessment exercise instituted by the AGF via its May 10 letter is unknown to law, and therefore null and void and of no effect whatsoever.

    It prayed for a declaration that the AGF’s demand of the sums is premised on a process that is malicious, unreasonable and made on incorrect legal basis.

    MTN prayed for an order vacating the AGF’s demand letter for N242 billion and $1.3 billion, and claimed N3 billion general and exemplary damages, as well as legal costs.

    But, the AGF, in his preliminary objection, argued that the plaintiff was statute-barred, having not filed the suit within three months from the date the cause of action arose.

    The AGF argued that the plaintiff commenced the suit in violation of Section 2 of the Public Officers Protection Act, which provides that any action commenced against a public officer must be made within three months from commencement of cause of action.

    AGF contends that the plaintiff’s failure to commence the suit within three months as stipulated by law robs the court of jurisdiction to entertain it.

    MTN earlier filed a separate suit against the AGF and the Central Bank of Nigeria (CBN), which is pending before Justice Saliu Saidu of the same court and will be heard December 4.

    In the suit, MTN is challenging the $8,134,312,397.63 demanded from it by the CBN over alleged forex remittance infractions.

    It is praying the court to restrain the CBN and the AGF from imposing punitive sanctions against it.

    The CBN accused MTN Nigeria of improper dividend repatriations and demanded that $8.1 billion be returned “to the coffers of the CBN”.

    The Federal Government also accused MTN of unpaid taxes on foreign payments and imports, asking it to pay approximately $2billion in relation to the taxes.

    According to the CBN, MTN and four banks – Standard Chartered Bank, Citi Bank, Stanbic IBTC Bank and Diamond Bank – deliberately flouted the “laws and regulations…including the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, 1995 and the Foreign Exchange Manual, 2006.”

    The banks allegedly colluded with MTN, using irregular Certificates of Capital Importation (CCI), to illegally remit foreign exchange abroad. The four banks were slammed a combined N5.87 billion fine.

    MTN denied the allegations and subsequently filed the suit.

  • Judge withdraws from suit on Ogun PDP crisis

    Justice Chukwujekwu Aneke of the Federal High Court in Lagos has withdrawn from adjudicating on a suit involving two factions of the Peoples Democratic Party (PDP) in Ogun State.
    He recused himself after the defendants accused him of being biased.
    The suit, numbered FHC/L/CS/1581/2018, was filed by Prince Segun Seriki, Chief Tuke Omotara, Hon. Nosiru Isiaka Giwa, Chief Remix Bakare, Apostle Abiodun Sanyaolu, Chief Kola Soriola and Chief Oyede Elijah through their lawyer Ajibola Oluyede.
    The Independent National Electoral Commission (INEC), PDP and its chairman Prince Uche Secondus, Senator Ibrahim Tsauri, Elder Yemi Akinwonmi, Sikirulai Ogundele, Bode Bankole, Waliu Oladipupo and Tunde Alekuwodo are the defendants.
    The plaintiffs, in their originating summons, prayed for an order replacing Akinwonmi with Seriki as the party’s Deputy National Chairman (South).
    They urged the court to compel PDP national leadership to recognise Chief Adebayo Dayo-led faction as the authentic Executive Committee in Ogun State.
    But, the defendants, in their preliminary objection filed by through their lawyers led by Emeka Etiaba (SAN), urged the court to dismiss the suit for being incompetent and an abuse of court processes.
    Defence counsel asked Justice Aneke to withdraw from the suit for allegedly showing bias.

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    But, Oluyede urged the judge to not to withdraw from the case, saying: “I ask the court to discountenance the application particularly by Etiaba asking my Lord to recuse himself of this matter.”
    Ruling, Justice Aneke recused himself since, according to him, the defendants no longer had confidence in him.
    “The case file shall be remitted to the Chief Judge for reassignment,” the judge added.
    Before the court sat, Ogun State PDP Youth Leader Comrade Segun Okeowo, led a protest, demanding that the judge withdrew from the case.
    In a petition to the Chief Judge, signed by Comrade Waliu Oladipupo, the defendants said they no longer had confidence in Justice Aneke.
    After citing instances of alleged bias against the judge in the course of proceedings, they urged the CJ to re-assign the case to another judge and to transfer it to Ogun State to save the parties the inconveniences of travel risks and costs.