The Nation Newspaper

Tag: Court

  • Fed Govt urges court to dismiss MTN’s N3b suit

    THE Federal Government has filed a preliminary objection to a suit by MTN Nigeria Communication Ltd.

    It is urging the Federal High Court in Lagos to dismiss the case for lack of jurisdiction.

    MTN had sued the Attorney-General of the Federation (AGF) for demanding N242 billion and $1.3 billion as import duties and withholding tax assessments from it.

    A Senior State Counsel at the Federal Ministry of Justice Mr. Terhemba Agbe, informed Justice Chukwujekwu Aneke yesterday that the respondent filed the objection last November 7.

    He said it has been served on the plaintiff, who filed a reply to the objection, but which he was yet to receive.

    By a September 10, 2018 writ, MTN is challenging the legality of the AGF’s assessment of the import duties, withholding tax and value-added tax.

    But, the AGF, in the preliminary objection, is arguing that the suit was statute-barred, thus robbing the court of jurisdiction.

    The respondent said the plaintiff ought to have filed the suit three months from the date of the cause of action arose.

    The AGF is contending that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be within three months of what was complained of.

    The respondent is praying the court to hold that MTN’s failure to comply with the provision strips the court of jurisdiction to entertain the action.

    MTN is seeking a declaration that the AGF’s demand of N242 billion and $1.3 billion from it is premised on a process that is malicious, unreasonable and based on incorrect legal reasons.

    The plaintiff said the purported “revenue assets investigation” carried out by the Federal Government for the period of 2007 – 2017 violated Section 36 of the 1999 Constitution.

    MTN is praying the court to declare that the AGF acted in excess of his powers by directing a “self-assessment exercise”, which usurps the powers of the Nigerian Customs Service to demand duties on imported physical goods.

    It is seeking a declaration that the AGF acted illegally by also usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding tax and value-added tax.

    The plaintiff wants declaration that the purported “self-assessment” exercise instituted by the AGF via its letter of last May 10 is unknown to law, null and void and of no effect whatsoever.

    MTN is further praying the court for an order vacating the AGF’s demand letter.

    It is claiming N3 billion as general and exemplary damages as well as legal costs from the Federal Government.

    Justice Aneke adjourned until March 26 for hearing.

     

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

    THE Federal High Court in Lagos yesterday issued bench warrant for the arrest of former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife, Folasade.

    Justice Chukwujekwu Aneke issued the 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 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.

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

    Justice Aneke held that the application was meritorious in view of the prosecution’s explanations.

    He said: “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 $43,449,947.00 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, 947.00 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”. 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.

  • Court remands five for alleged attack on Saraki’s house

    A Magistrates’ Court sitting in Ilorin, the Kwara State capital, has remanded five people in prison custody for their alleged involvement in the recent attack on the Agbaji, Ilorin family home of Senate

    President Bukola Saraki.

    Police First Information Report (FIR) gave the names of the suspects as Omotosho Alawo, Ibrahim Shittu, Usman Ayilara Gobir, Ahmed Shina and Olashehu Ndarabi.

    They were arraigned before Magistrate Mariam Dasuki for alleged criminal conspiracy, mischief, theft and attempt to commit an offence to wit culpable homicide contrary to sections 97,327,288 and 299 of the penal code.

    They were alleged to have unleashed terror on Agbaji and Ode Alfa Nda communities, Ilorin during a campaign in the metropolis.

    According to the FIR, the suspects engaged themselves in a free-for-all, during which Yusuf Babatunde, Ibrahim Taofeeq, Adisa Muritala and Hussein Hassan sustained injuries.

    The fracas also led to the vandalism of vehicles, while buildings were damaged, the FIR said.

    It added that efforts by the operatives of Criminal Intelligence and Investigating Department (CIID), police headquarters, Ilorin, led to the arrest of the suspects.

    The FIR said the suspects confessed to have participated in the fracas with others at large.

    One of the phones stolen on the scene of the mayhem was said to have been recovered from one of the suspects.

    Prosecutor Gbenga Ayeni urged the court to remand the suspects in prison custody pending the determination of the police investigation on the matter.

    The accused’s counsel, Ayodeji Saka, prayed the court to discountenance the submission of the prosecutor, arguing that the accused were still presumed innocent until contrarily proven.

    He said remanding his clients is tantamount to pre-trial.

    Ruling, Magistrate Dasuki ordered that the suspects should be remanded in prisons custody.

    She adjourned the case till February 12.

  • Court to PDP: present flags to INEC-approved Ogun candidates

    The Federal High Court in Abeokuta, the Ogun State capital, yesterday refused the application of a member of the House of Representatives, Oladipupo Adebutu, and others seeking to prevent the governorship candidate of the Peoples Democratic Party (PDP), Senator Buruji Kashamu, and others, from being joined as “necessary and interested parties” in a suit pending before the court.

    Adebutu and others had filed the suit asking the court for an order of mandamus to compel the Independent National Electoral Commission (INEC) to publish their names in place of the ones already published by the commission.

    When the matter came up yesterday, counsel to Kashamu and others, Prince Raphael Ajibola Oluyede, informed the court that his clients, the candidates whose names had been published by INEC, were interested in the matter but were not joined.

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    The lawyer said they had filed an application as interveners willing to be joined.

    But counsel to the plaintiffs, Mr. Afolabi Fashanu (SAN), objected to the joining of the applicant/interveners.

    After much argument, the court, presided over by Justice Abubakar Shittu, held that the applicant/interveners were necessary parties that should have been joined.

    The court thus joined them.

    Then, Oluyede informed the court that they had filed an affidavit that the plaintiffs and their collaborators were parading themselves as candidates of the party while they were still before the court praying to be declared as candidates.

    The court directed the parties and their counsel to refrain from being used to foist a fait accompli on the court or cause a breakdown of law and order.

    The court adjourned till February 14 for hearing of the substantive suit and all pending applications before it.

  • Breaking: Court sacks Sen Committee Chair, Umaru as APC candidate

    *Orders INEC to accept San- Musa for Niger-East Senatorial district

    A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to accept Mohammed Sani Musa as candidate of the All Progressives Congress (APC) for Niger-East Senatorial District.

    Justice F. O. Giwa Ogunbanjo, in a judgment on Thursday, said Musa won the APC’s primary held on October 2, 2018 and not Senator David Umaru , incumbent Chairman of Senate Committee of Judiciary laying claim to being the candidate of the APC for the same position.

    Justice Ogunbanjo, in the judgment in suit marked: FHC:ABJ/CS/1120/2018, filed by Musa, upheld the argument of the plaintiff’s lawyer, Wole Olanipekun (SAN) and granted all the reliefs sought.

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    The judge noted that while Musa scored 29, 192, Umaru scored over 5,000 votes in the primary election.

    Among the granted reliefs included an order directing INEC to accept Musa’s name as APC’s candidate for Niger-East Senatorial District, and an order directing the APC to submit his name to INEC as its candidate.

    Details shortly…

  • ‘I remembered his eyes’ – Wimbledon champion Kvitova tells court of knife attack

    Two-times Wimbledon champion Petra Kvitova told a Czech court on Tuesday how she grabbed the blade of an attacker’s knife and forced it away from her neck, leaving blood everywhere, during an attack at her home in December 2016.

    Kvitova suffered severe wounds to her playing left hand as she struggled with the knife-wielding intruder.

    She returned to professional tennis in May 2017, crowning her comeback 18 months later with her first final appearance at 2019 Australian Open.

    Giving testimony in the trial of a 33-year-old man charged with her assault, Kvitova said she had felt no pain when the 10-inch blade cut into her hand.

    To avoid direct confrontation with the suspect during the trial, Kvitova sat in a separate room at the Brno regional courthouse, giving a detailed account via microphone and camera of how the man entered her apartment and then attacked her.

    The man had rung her doorbell at 8:30 a.m. posing as a workman come to inspect the hot water system in the flat, the Czech news website quoted her as saying.

    “He asked me to turn on the hot water tap and at that moment I had a knife against my neck. I grabbed it with both hands.

    “I held the blade with my left hand. I snatched it away, I fell on the floor and there was blood everywhere,” she said.

    Kvitova described how she tried to reach her mobile phone on the carpet, but he pushed it away.

    She told him she needed to go to hospital and asked whether he wanted money.

    “He asked how much I had. I said ten thousand crowns ($440) and he said ‘OK’. I gave him the money, he left and I called the ambulance and then the police,”she added.

    Though she had felt no pain when the attacker cut her hand, Kvitova said: “When I saw the blood, I started blubbing.”

  • Court remands five for alleged attack of Saraki’s residence

    A Magistrate Court sitting in Ilorin, the Kwara state capital has remanded five in prison custody for their alleged involvement in the recent attack on the Agbaji, Ilorin family residence of the Senate President Bukola Saraki.

    Police First Information Report (FIR) gave the names of the suspects as Omotosho Alawo, Ibrahim Shittu, Usman Ayilara Gobir, Ahmed Shina and Olashehu Ndarabi.

    The suspects were dragged before Magistrate Mariam Dasuki for criminal conspiracy, mischief, theft, an attempt to commit an offence to with culpable homicide contrary to sections 97,327,288,299 of penal code.

    They were alleged to have unleashed terror on Agbaji and Ode Alfa Nda communities, Ilorin during an electioneering campaign in the metropolis.

    According to the FIR, the suspects engaged in a free-for-all during which Yusuf Babatunde, Ibrahim Taofeeq, Adisa Muritala and Hussein Hassan sustained serious injuries.

    The fracas also led to the destruction of several vehicles parked within the areas by innocent citizens while buildings were also damaged, the FIR added.

    It added that concerted efforts of the operatives of the Criminal Intelligence and Investigating Department (CIID), Police headquarters, Ilorin led to the arrest of the suspects.

    The FIR stated that the suspects confessed to have actively participated in the fracas with others who are presently at large.

    One of the phones stolen at the scene of the mayhem was said to have been recovered from one of the suspects.

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    The prosecutor, Gbenga Ayeni, urged the court to remand the suspects in prisons custody pending the determination of the police investigation on the matter.

    The accused’s counsel Ayodeji Saka prayed the court to discountenance the submission of the prosecutor, arguing that the accused were still presumed innocent until contrarily is proven.

    He said that remanding his clients is tantamount to pre-trial.

    In her ruling, Magistrate Dasuki ordered that the suspects should be remanded in prisons custody.

    She then adjourned the case to February 12, 2019.

  • Court sentences two armed robbers to death

    An Ado-Ekiti High Court on Thursday sentenced two men, Oluwayomi Adedayo, 27, and Seyi Daramola, 23, to death for armed robbery.

    Justice John Adeyeye held that the prosecution proved its case beyond reasonable doubt and consequently, found the duo guilty as charged.

    The News Agency of Nigeria reports that the convicts carried out a robbery activity with guns on or about Aug. 4, 2016 at Club 15, Dynamic Lounge, Irewumi, Opp. Bawa Estate Road in Ado Ekiti.

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    The convicts were first arraigned on Oct. 16, 2017 on a two-count charge of armed robbery and conspiracy but they pleaded not guilty.

    The Prosecutor, Sgt. Ekijah Adejare, told the court that an eye-witness whose name was not provided at the court, said that some robbers came to their club with guns and other dangerous weapons and robbed them of their valuables, including phones, laptops and cash.

    “But they were arrested when they went to sell the items, particularly the laptops and phones when they could not provide the passwords,” the prosecution stated.

    The prosecution, represented by Mr Felix Awoniyi, to prove its case, called six witnesses and tendered exhibits, including the two laptops and statements from the two convicts.

    The convicts were represented by Mrs Toyin Oluwole.

  • Court strikes out Evans’ N1b suit against police

    A Lagos Federal High Court yesterday struck out the fundamental rights enforcement suit filed by kidnap suspect, Chukwudumeme Onwamadike aka Evans, against the police for alleged forcible seizure of his property.

    Justice Mojisola Olatoregun held that the court lacked jurisdiction to entertain the case.

    She said the suit should have been filed at the  Lagos High Court where the applicant is facing trial for alleged kidnapping.

    Evans, through his counsel, Mr. Olukoya Ogungbeje, filed the suit last June, joining the Inspector-General of Police (I-G), Nigeria Police and I-G’s Intelligence Response Team (IRT).

    The applicant prayed the court to declare the seizure of his property as respondent without any court order as illegal and unconstitutional.

    He listed some of the property as N500 million, another N500 million, two residential houses located at Magodo, Lagos State, a Brigade wristwatch worth $20,000, necklaces worth $25,000 and five pieces of diamond rings.

    Also listed are one Lexus 470, a Grand Cherokee, a Toyota Highlander, 85 Samsung television sets, 45KVA generator, 22KVA generator, 20KVA inverter worth N10 million and five set of freezers.

    Evans sought an order compelling the respondents to unconditionally release the property.

    He also asked for an order compelling the respondents to unconditionally unseal and vacate without delay, the two residential houses at Magodo.

    The judge noted that the respondents did not file any defence despite being served hearing notices.

    She, however, held that when confronted with a claim under the fundamental rights enforcement procedure, it would be important for the court to critically look at the reliefs sought.

    Justice Olatoregun said the main issue to be decided was whether the plaintiff’s claim constituted a violation of his rights under the Fundamental Human Rights (Enforcement Procedure), adding that the right to own a property could not be denied except for due process of the law.

    She held that the applicant failed to show that the properties were forceibly seized within the circumstances of his arrest.

    “The only conclusion I can draw is that the properties were taken consequent upon his trial for kidnapping before the Lagos State High Court.

    The judge said although federal and state high courts have concurrent jurisdiction, the instant case should have been taken to the court where the defendant is facing trial.

    “This court must be careful not to interfere with due process of the ongoing trial of the applicant before the Lagos State High Court.

    “This court lacks the jurisdiction to entertain this case; same is hereby struck out,” she said.

    Other prayers sought by Evans include an order compelling the respondents to apologise and pay him N1 billion as damages for the alleged forceible seizure of his property.

    He also sought an order of perpetual injunction restraining the respondents from taking any action against him or any of his property in relation to this case.

  • Court grants footballer custody of daughter

    A Lagos State High Court in Igbosere (Family and Probate Division) has granted Super Eagles star John Ogu partial custody of his daughter in an on-going divorce suit filed against his wife Veronica.

    Justice M. A. Savage ordered that he could stay with Ivanna Ogu during summer vacation (July to August), Easter, Christmas and New Year holidays.

    The judge ruled on a motion on notice filed on Ogu’s behalf by the firm of Olumide Babalola LP.

    The order is to subsist pending the hearing and determination of the divorce petition.

    Veronica had opposed the application, praying the court to refuse to grant Ogu partial custody.

    Justice Savage held that a father is obliged to cater for his child. “That is trite law,” he held.

    He added: “From the totality of processes before me, I believe the applicant as the father is imposing on himself his natural obligation, which will be granted as the facts satisfy a grant of such sought interlocutory orders.”

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    The judge also directed the respondent to provide Ogu with the school/creche’s account details for the payment of the baby’s school fees.

    The court granted an interlocutory order prohibiting Veronica from changing Ivanna’s school without Ogu’s written consent.

    Ogu is also to pay for the baby’s health insurance, while her international and American passports are to be submitted to the court for safekeeping.

    Justice Savage directed Ogu to make a monthly payment of N400,000 by the sixth of every month for the child’s upkeep “without delay or default”.

    The judge, however, said Veronica could take the child outside Lagos but not outside Nigeria.

    “Whenever the passports are required, a formal application on notice should be made for their release. I so rule,” the judge added.