Tag: Court dismisses

  • Court dismisses mortgage bank’s bid to regain property

    Federal High Court in Lagos has dismissed an application by Safetrust Mortgage Bank Ltd to regain its high-rise property, Safetower Estate, in Ikate, Lekki, Lagos, which is still under construction.

    The property, financed and developed by Safetrust Mortgage Bank and Macbosh Properties Ltd, is a subject of investigation by the Economic and Financial Crimes Commission (EFCC).

    A contractual disagreement arose between the developers and an investor, Mr. Kunle Ogunmefun, who had petitioned the EFCC.

    EFCC had obtained an interim forfeiture of the property pending conclusion of its investigation.

    But, Safetrust Mortgage Bank, in the application filed before Justice Muslim Hassan, urged the court to vacate the order.

    The bank alleged that EFCC did not present the true facts to obtain the order.

    But, Justice Hassan dismissed the application on the ground that the applicant’s counsel, Mr. James Oyetunde, did not provide any proof to show that EFCC deceived the court to obtain the order.

    EFCC counsel, Mr. Nkereuwem Anana, in an affidavit, told the court that the property was under investigation for grand fraud and should remain attached until investigation is completed.

    He alleged that Safetrust Bank fraudulently obtained millions of naira from Ogunmefun and diverted the funds for other purposes contrary to the law governing mortgage institutions.

    Safetrust Bank was also alleged in the affidavit to have failed to honour the agreement with Mr. Ogunmefun since last July with regards to the property.

    The court also dismissed a second application by the bank’s former Managing Director Yinka Adeola.

    But, Safetrust Mortgage Bank said it made an initial refund of N275 million to Ogunmefun despite not having resold the units, and that with its support, Macbosh Properties had fully refunded the outstanding balance of N275 million to Ogunmefun, which completes his N550 million investment.

    “This payment brings the transaction to an end,” the bank said in a statement.

  • Court dismisses suspect’s N200m suit on seized trucks

    The Federal High Court in Lagos yesterday dismissed a suit by suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), seeking the release of his seized 25 Mack trucks.

    Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.

    Justice Rabiu Hadiza Shagari held that the suit lacked merit.

    Ogungbeje argued that the police forcefully confiscated the trucks from Evans on June 15 without any court order.

    He prayed the court to award N200 million as general and exemplary damages against the police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.

    But the police urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.

    In a counter-affidavit, the deponent, Inspector Haruna Idowu, said he was in the team that investigated Evans’ case.

    He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

    Idowu said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

    “The applicant is the notorious and most dreaded robber and kidnapper known as Evans, who defied arrest for over 10 years and who terrorised many states of Nigeria with his gang members.

    “The applicant has no other source of livelihood except robbery and kidnapping, as arms and ammunition were recovered from the applicant during his arrest.

    “The applicant had purchased properties with proceeds of robbery and kidnapping.

    “The applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.

    “The trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,” he said.

    Justice Shagari held that the law empowered the police to seize assets in the course of their investigation.

    According to her, by provisions of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the police can seize and confiscate items or property as exhibits in a criminal case.

    The judge said the court could not stop the police or other security agencies from carrying out their duties.

  • Court dismisses N10m case against police

    A Federal Capital Territory (FCT) High Court yesterday dismissed a suit by a businessman, Yakubu Salihu, seeking N10 million from the police for alleged breach of his rights.

    In the 2017 suit, Salihu alleged that he was illegally arrested and detained for six days. He claimed that N600,000 was extorted from him and he was made to cough up N25,000 for his release.

    He prayed the court to declare his ordeal as illegal and demanded N10 million as general damages.

    But Justice Yusuf Halilu dismissed the suit because there was no evidence showing that the applicant was detained beyond constitutional provisions.

    The judge held that there was no evidence that the police compelled the applicant to pay N600, 000 and N25, 000 for his bail.

    “The court cannot speculate on what is not before it,” Justice Halilu held.

    During the hearing of the case, the plaintiff contended that the transaction for which he was arrested and detained, was genuine but the police still molested him.

    He prayed the court to declare his arrest and detention from last August 3 to August 8, at the Force Headquarters as a gross violation of his right to freedom and dignity of human person.

    Salihu also urged the court to order the to apologise to him in two national dailies.

  • Lekki Green Zone land: Court dismisses firm’s objection

    Justice Jumoke Pedro of a Lagos High Court has dismissed a preliminary objection by Murhi International Limited against Jukot Ventures, owned by businessman and former governorship aspirant in Ekiti State, Kayode Otitoju.

    Murhi International had challenged Jukot Venture’s locus standi (legal right) to sue over the demolition of Otitoju’s events centre on a land at the Green Zone in Lekki Phase One in Lagos.

    The company had prayed the court to dismiss the suit, claiming that Otitoju’s Jukot Ventures had no locus standi to institute the action.

    The events centre, on which Otitoju claimed he had invested over N22million, was demolished purportedly on the orders of Lagos State Ministry of Physical Planning despite a subsisting case.

    Justice Pedro held that the legal right to sue was the claimant’s fundamental right.

    The judge said the claimant had averred that he was the rightful owner of the land which was the subject matter of dispute.

    According to the judge, since the plaintiff had claimed the land even if he is not the owner, and had also claimed he was granted a development permit by the Lagos State government, he had the right to sue.

    “I am of the humble opinion that the claimant has disclosed sufficient interest and legal propensity to institute this suit,” Justice Pedro said.

     

  • Court dismisses Saraki’s fresh suit to stop trial

    Court dismisses Saraki’s fresh suit to stop trial

    The Federal High Court, Lagos yesterday dismissed a fresh application filed by Senate President Bukola Saraki seeking to stop his trial at the Code of Conduct Tribunal (CCT).

    In dismissing the suit, Justice Ibrahim Buba said he lacked the jurisdiction to entertain the case, adding that it ought to have been filed in Abuja where the cause of action took place.

    Justice Buba said Saraki could not prove that his rights were about to be violated in Lagos.

    “He has to proffer the reason for the court to hold that his right is about to be violated in Lagos State. The key word is ‘state’,” said the judge.

    Attorney-General of the Federation, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC) and Inspector-General of Police were the respondents.

    Others were the Code of Conduct Bureau, the Code of Conduct Tribunal (CCT), its chairman Justice Danladi Umar, and members Mr Ataedze Adza, Mr Sam Saba, Mohammed Diri and Mr M.S. Hassan.

    Saraki, through his lawyer, Ajibola Oluyede, had sought a declaration that his trial at the CCT falls short of the requirements of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution.

    He said there was “clear appearance of bias” against him, as well as an “apparent pursuit of a pre-determined agenda for the humiliation and conviction of the applicant.”

    The Senate President sought an order nullifying the charges at the CCT, and an order restraining the tribunal from continuing with his trial.

    The applicant prayed the court to restrain the AGF, EFCC, Saba, Diri and Hassan from continuing with the trial at CCT or any other judicial forum.

    He further sought a declaration that the “obvious subjugation and use of the respondents against the applicant for the political objectives of the ruling political party at the federal level, the All Progressives Congress, amounts to an exercise of executive power for ulterior motives and not for the public good…”

    According to Oluyede, the respondents were humiliating and prosecuting Saraki on trumped up charges “with the intention of securing his removal, impeachment and or resignation from office as Senate President.”

    He said the respondents’ actions constituted an infringement of the applicant’s fundamental rights to be presumed innocent until proven guilty and to be given a fair hearing by an impartial tribunal.

    Saraki also sought a declaration that “any such further invitation, arrest, harassment, persecution or prosecution of the applicant by or before any of the respondents on the basis of allegations that have only been brought up 12 years after alleged commission in a bid to irritate, harass, humiliate and persecute the applicant is a breach of the applicant’s fundamental rights to a ‘fair hearing within a reasonable time’.

    Finally, he prayed for an order restraining the AGF, EFCC, ICPC, IGP and CCB from prosecuting him based on alleged offences he committed while serving as Kwara State governor.

    Arguing the application, Oluyede said Saraki’s fundamental right to fair hearing was being threatened by the respondents.

    He said the court has jurisdiction to hear the suit because the anti-graft agencies were planning to arraign Saraki in Lagos.

    “There is a plan to draw up trumped-up charges against him at a Lagos High Court so as to convict and remove him as Senate President. So we have two scenarios – one in Abuja and the other in Lagos.

    “He can take his action in any of the states where he fears his right will be infringed. He’s in Lagos because he fears his rights are to be infringed in Lagos,” he said.

    However, the respondents, represented by Mr Rotimi Jacobs (SAN) filed a preliminary objection to Saraki’s suit. They contended that the court lacks jurisdiction to entertain it.

    Jacobs said there was nowhere in the processes where Saraki showed that he was about to be tried or arraigned in Lagos.

    Ruling, Justice Buba said he could not grant the application because there was no evidence that Saraki’s rights were about to be violated in Lagos.

    He held: “If there is no evidence that the infringement or likely infringement cut across more than one state, then the court will not have the vire or jurisdiction to entertain same.

    “The filing of further affidavit after the court raised the issue of jurisdiction suo moto (without prompting) is not only an after-thought but amounts to fishing. It is too important an issue to be forgotten by the applicant.

    “Accordingly, this court has no hesitation in coming to the inevitable conclusion that from the materials placed before this court, the court lacks jurisdiction to entertain this matter. Same is hereby struck out.”

    Earlier, a dramatic verbal confrontation had ensued between Jacobs and Oluyede at the Inner Bar of the court.

    The heated verbal exchange saw Jacobs ordering Oluyede out of the Inner Bar, which is reserved for Senior Advocates of Nigeria.

    Jacobs had set the tone of the disagreement when he accused Oluyede of trying to obtain a “black market order” through the application in order to frustrate Saraki’s trial.

    He also said that Oluyede ought to be “reported” for bringing such an application to the court.

    But Oluyede responded by telling Jacobs that he “came here to make unnecessary noise”, adding: “I don’t know what he’s talking about.”

    Jacobs then told Oluyede that his comments were disrespectful to him as a SAN, adding that it was “unbecoming” of Oluyede to speak to him in that manner.

    Jacobs then asked Oluyede to leave the Inner Bar and move back to where non-SANs sit. “I insist he should go back,” he said.

    At this point, the presiding judge, Justice Ibrahim Buba intervened, saying that Jacobs should not have allowed Oluyede to sit in the Inner Bar in the first place.

    “You admitted him into the Inner Bar, so you have waived your right,” the judge said.

    He, however, warned Oluyede not to make him exercise his “powers”, asking the two lawyers to focus on the case they had come for.

    Oluyede responded by saying: “I’ll ignore my learned friend’s antics.” The statement further infuriated Jacobs.

     

  • Court dismisses terminal operators’ application for stay of execution

    A Federal High Court in Lagos has dismissed an application  for the order of the stay of execution filed by the Seaports Terminal Operators Association of Nigeria (STOAN) against  the judgment of a court which declared  that the association had no right to increase port charges.

    The terminal operators had prayed for stay of execution of the judgment at the Court of Appeal.

    The Nigerian Shippers’Council (NSC) also filed an application, praying the court to compel the terminal operators to comply with the earlier judgment.

    NSC is praying the court to direct the terminal operators to immediately refund the N150 billion it “illegally collected in disobedience of the judgment’’.

    Lead Counsel for  Shippers’ Council, Dr.  Olisa Agbakoba (SAN), had noted that the fact that the terminal operators applied for stay of execution did not stop them from adhering to the earlier judgment.

    Agbakoba filed an application to compel the terminal operators to comply with the judgment pending the determination of their application for stay of execution.

    He also demanded the refund the N150 billion collected by the operators from shippers (importers and exporters) in disobedience of the judgment.

    At the resumed hearing on Thursday, Justice Ibrahim Buba, dismissed the application, saying that there was no evidence to show that the judgment given earlier was executed.

    “For there to be a stay of execution, the judgment must have been seen to have been executed, there was no evidence to that effect, therefore the application for stay cannot subsist,  its hereby dismissed,’’ Buba held.

    However, he  granted the interlocutory application filed by NSC, compelling STOAN to comply with the earlier judgment.

    He said that interlocutory injunction was meant to protect legal rights.

    The Counsel who represented STOAN, Mr Dayoola Johnson, had earlier told the court that there was a record of appeal before the court stopping it to continue hearing the case.

    Buba said that the affidavit of records, which was filed by STOAN, was filed on March 18, after the court had adjourned to rule on the application for stay of execution.

    He, therefore, held that all pending applications should go to the Court of Appeal.

    The Counsel to the operators and the Shipping Companies Femi Atoyebi (SAN)   had on the last adjourned date notified the court that they had entered an appeal at the Court of Appeal quashing the rights of the court to hear the matter.

    Buba  ruled that there was no record or evidence of transmission of appeal before the court and adjourned to rule on the stay of execution earlier filed by STOAN.

    On the case of stay of execution filed by shipping firms, the court on the last adjournment ruled that the notice of appeal was duly filed and there were records before the court that appeal has been entered at the Appeal Court.

    Buba, therefore, stayed further proceedings on the matter pending the determination of the application before the Appeal court.

    On December 17, last year, Buba, in a judgment, annulled illegal port charges and ordered shipping firms to refund billions of naira collected since 2006 from shippers (importers and exporters).

    The Judge okayed the appointment of the NSC as the Economic Regulator of the ports and dismissed the claims of shipping firms and the operators.

    Buba further held that the Shipping Line Agency Charges (SLAC) levied and collected from shippers by the shipping firms since 2006 were illegal.

    He ordered that the shipping firms should account and pay to shippers all money or fees charged and collected since 2006 as SLAC from shippers or users of shipping and port-related services from 2006 to date.

    The Court dismissed the claims of the shipping firms and the terminal operators and granted the counter claims of the NSC.

    Before the appointment of the NSC as the Economic Regulator of the  ports by the Federal Government in February, last year, the council issued notices to shipping firms and terminal operators to reverse all illegal charges levied on shippers.

    Dissatisfied, the shipping firms and the operators, mostly foreigners, filed the earlier suits at the Federal High Court, Lagos to invalidate the actions of the NSC

     

  • Court dismisses suit against Ajimobi

    A Federal High Court sitting in Ibadan, the Oyo State capital, yesterday dismissed a suit instituted against Governor Abiola Ajimobi and two others by Prof. Oluwole Akinboade for lack of jurisdiction.

    Akinboade, an aspirant in the 2011 governorship election, sued Ajimobi, the Action Congress of Nigeria (ACN) and the Independent National Electoral Commission (INEC).

    She alleged that Ajimobi was not duly nominated by the ACN for the election and prayed the court to nullify his nomination.

    Justice Abimbola Adejumo-Obaseki said Section 87 Sub-sections 1 and 4 of the Electoral Act, 2010, gives parties the power to pick their candidates for electoral positions, while Section 87 Sub-sections 9 and 10 outlawed the court to adjudicate on the subject matter.

    She said since the plaintiff said the party did not have a primary election, he lacked the jurisdiction to institute the case under the law.

    Justice Adejumo-Obaseki said the plaintiff’s position was tantamount to probating and reprobating because in evidence he admitted that all ACN aspirants, including himself, agreed that the party’s candidate would be picked by consensus and filed the litigation after the decision worked against him.

    She said the position of the plaintiff, according to Section 87 of the 2010 Electoral Act, lacked merit and dismissed the suit.