The Nation Newspaper

Tag: Court

  • Alleged property seizure: Court strikes out Evans’s N1bn suit against police

    A Federal High Court in Lagos on Monday struck out a fundamental rights enforcement suit filed by alleged kidnap kingpin, Chukwudumeme Onwamadike (a.k.a Evans), against the police over seizure of his property.

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

    She said that the suit ought to have been filed before a Lagos State High Court where the applicant was facing charges of kidnapping.

    The News Agency of Nigeria reports that Evans, through his counsel, Mr Olukoya Ogungbeje, filed the suit in June 2018 and joined as respondents, the Inspector-General of Police (I-G), the Nigeria Police and I-G’s Intelligence Response Team.

    The applicant prayed the court to declare that alleged forceful seizure of his property by the respondents without any court order was 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 dollars, necklaces worth 25,000 dollars and five pieces of diamond rings.

    Read Also: Court rejects Evans’ claim of torture by Police

    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 sets of freezers.

    The applicant had sought an order compelling the respondents to unconditionally release the property.

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

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

    She 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.

    According to her, the main issue to be decided is whether the plaintiff’s claim constitutes a violation of his rights under the Fundamental Human Rights (Enforcement Procedure), adding that the right to own property cannot be denied except for due process of the law.

    She held that the applicant failed to show that, within the circumstances of his arrest, the property were forcefully seized.

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

    According to the judge, although federal and state high court had concurrent jurisdiction, the instant case ought to have been taken to the court where the defendant is facing trial for kidnapping.

    “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 held.

    NAN reports that other prayers sought by Evans include an order compelling the respondents to apologise to him and pay him N1 billion as damages for the alleged forceful seizure of his property.

    He had 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 Samsung access to fabrication yard

    Justice Abdulfattah Lawal of the Lagos High Court in Igbosere has ordered the Lagos Deep Offshore Logistics (LADOL) and Global Resources Management Limited to grant Samsung Heavy Industries Nigeria Limited (SHIN), and its subsidiary SHI-MCI FZE, access to Samsung’s fabrication yard.

    The court restrained LADOL from further unlawful interference with Samsung’s use of its fabrication and integration yard in the LADOL Zone, or interfering with Samsung’s proprietary rights.

    The judgment granted the global shipbuilding giant “the right to freely move in and out of its yard with its employees, agents and service providers.”

    The court ordered LADOL to continue to provide all services such as water and power to Samsung. They were also to allow Samsung to continue its operations unhindered.

    The judgment will allow Samsung to continue to provide services vital to the completion of the 200,000 barrels per day Egina deepwater project, among others.

    Chief Operating Officer of SHI-MCI Mr. Frank Eijzu said: “Samsung is pleased that the Court has ruled in its favour and against LADOL. We have always maintained that there were no lawful grounds to terminate the sub-lease agreement. This is part of a coordinated campaign by LADOL to unlawfully convert, appropriate and take control of the yard to the detriment of Nigeria’s economy.”

    Samsung originally won the tender for the construction of the floating production, storage and offloading platform for the exploration of the Egina oil-field, 130km off Nigeria’s coastline. When fully operational, the platform will boost Nigeria’s oil production capability by 200,000 barrels a day and will make a significant contribution to the economy.

    The joint venture – SHI-MCI-FZE, which is owned 70 per cent by Samsung and 30 per cent by LADOL’s affiliate, entered a sub-lease agreement with Global Resources  Management Limited (LADOL’s affiliate) in order for SHI-MCI FZE to build and develop a world class Fabrication and Integration yard and quay wall for the execution of the local content elements of the Egina FPSO Project.

  • Court restrains Total from evicting firm from lube bay

    A Lagos High Court has restrained Total Nigeria Plc from evicting Automatic Fits and Energy Nigeria Ltd, and Segmat Springs Ltd, from Total’s Lube Bays assigned to them.

    Justice Lateefat Folami said the order would subsist pending hearing and determination of the substantive suit filed against Total by Automatic Fits and Segmat.

    The firms had sought an injunction restraining Total from evicting them.

    Automatic Fit, with over 400 workers, named Global Most Trusted Quality Automobile Care Services Company last year, claimed that Total threatened to evict it from the Lube Bays assigned to it over 10 years ago.

    It alleged the multinational company was out to exploit local content and throw its workers into the labour market.

    Along with Segmat, the firms approached the court to enforce their rights to the bays.

    Lawyers to Automatic Fits and Segmat Springs, Oludare Falana of Nu Stream Solicitors, in a January 25 letter to Total’s Managing Director Imran Barry, warned against “clandestine and deliberate activities by your agents to forcefully eject our client, its agents and workers from the lube bays assigned to it across Nigeria pursuant to the Lube Bay Management Agreement dated November 1, 2016.”

    The lawyers added: “Please note that the issue forms the basis of the above mentioned suit. Once a matter is sub-judice as in the instant case, all parties are meant to steer clear of any action that may foist a fait accompli on the Honourable Court without treading the path of due process of the law.

    “Take notice that our client and its agents will vehemently resist any attempt by any of your staff, agents, servants and privies to forcefully eject or take over any of the Lube Bays assigned to it.

    “In furtherance, it shall not hesitate to arrest and ensure the prosecution of any of your staff, agents, servants and privies that violate the order of the court made on January 25, 2019 or take laws into its hands during the pendency of this matter before the honourable court.”

  • Court restrains Total from evicting firm from lube bay

    A Lagos High Court has restrained Total Nigeria Plc from evicting Automatic Fits and Energy Nigeria Ltd and Segmat Springs Ltd from Total’s Lube Bays assigned to them.

    Justice Lateefat Folami said the order would subsist pending hearing and determination of the substantive suit filed against Total by Automatic Fits and Segmat.

    The two firms had sought an injunction restraining Total from evicting them.

    Automatic Fit with over 400 staff, named Global Most Trusted Quality Automobile Care Services Company last year, claimed that Total threatened to evict it from the Lube Bays assigned to it over 10 years ago.

    It alleged the multinational company was out to exploit local content and throw its workers into labour market.

    Along with Segmat, the firm approached the court to enforce their rights to the bays.

    Read Also: Court stops FUTA VC from spending earned allowances

    Lawyers to Automatic Fits and Segmat Springs, Oludare Falana of Nu Stream Solicitors, in a January 25 letter to Total’s Managing Director Imran Barry warned against “clandestine and deliberate activities by your agents to forcefully eject our client, its agents and workers from the lube bays assigned to it across Nigeria pursuant to the Lube Bay Management Agreement dated 1st November, 2016.”

    The lawyers added: “Please note that the issue forms the basis of the above mentioned suit. Once a matter is sub-judice as in the instant case, all parties are meant to steer clear of any action that may foist a fait accompli on the Honourable Court without treading the path of due process of the law.

    “Take notice that our client and its agents will vehemently resist any attempt by any of your staff, agents, servants and privies to forcefully eject or take over any of the Lube Bays assigned to it.

    “In furtherance, it shall not hesitate to arrest and ensure the prosecution of any of your staff, agents, servants and privies that violate the order of the court made on January 25, 2019 or take laws into its hands during the pendency of this matter before the honourable court.”

  • FG needs N40b to reconstruct nine public buildings

    …Nigeria’s maintenance culture worrisome

     

    The Federal Government has disclosed that about N40 billion is required to replace nine public buildings that are currently in bad shape.

    The buildings include; the prison, court, federal secretariat, hospital, a federal government college and four of blocks of building in the ministry of Power, Works and Housing including the powerhouse.

    The government also disclosed that the country was capable of saving billions of Naira annually if members of the public embrace maintenance as they do religion.

    This was disclosed in Abuja on Thursday by the Minister of Power, Works and Housing, Babatunde Fashola during the public presentation of the ‘National Public Building Maintenance Policy’.

    The Minister also stated that data from other countries shows that maintenance contributes about 3 percent to South Africa, Canada and United States of America’s GDP.

    Speaking on the importance of the policy, the minister said: “The federal government’s decision on maintenance is an economic decision. It is meant to empower Nigerians at the base of the economic pyramid especially those who are artisans.

    “It is also meant to empower the middle class; those who are in small and medium scale enterprises, manufacturers of cottage industry produced equipment and generally drive the growth of Nigeria’s economy.”

    On the financial implication of poor maintenance, the Minister said: “We used nine public buildings as pilot; the prison, court, federal secretariat, hospital, federal government college and four of our buildings and the power house. The total overview of those nine buildings showed to us that it will cost about N40billion to replace those buildings.

    “We thought that if we pursue maintenance at about N600 million to N900 million per annum, those buildings can achieve their desired life of between 50 to 70 years. If we had N40 billion in any event, instead of using them to replace existing buildings, we should be using them to expand and provide more for our growing population.

    He also said maintenance would create employment opportunities. “If we spend under a billion a year, we found out that we will be employing over 400 people in just those nine buildings.

    “One of the schools will require about 34 people and I did a quick check; there are about 104 unity schools, so if you multiply 34 by 104 for schools alone, you will begin to see the numbers we are seeing.

    “In the ministry of interior alone, if the work begins to get to prison to make sure that there is water, electricity and that roofs don’t leak; just imagine if it spreads across all the police stations in Nigeria because they are public buildings as well. Can we then truly say that there will be no work in this economy?”

    Giving an instance of the workability of the policy, the minister said: “The data available from South Africa, Canada and the United States shows that maintenance as an economy contributes from 1.5 percent to 3 percent GDP contribution and that is massive and that is why I feel I need to let people know that what we have signed unto is enormous and that is why I said this is the work that I have done here that I am most proud of and I hope that I live to see the result.”

    Commenting on recent law prohibiting discrimination against people living with disability, Fashola urged architects to brace up to achieve the five years compliance target set.

    He said: “On the signing of the law to protect people who are living with disability or discrimination, we require five years to achieve compliance. Compliance means that in every public building, a person living with disability can operate, function, climb and descend without assistance. So, apart from lifts, there must be ramps to enable those who are in wheel chairs move freely.

    “So, our architects must brace up in designing buildings at the proper slope. Our parking lots must now have designated number of parking spaces for people living with disability. Our airports will have to be retrofitted and redesigned to provide a dedicated channel for entry and exit points as seen all over the world.

    Read Also: CCT resumes Onnoghen’s trial Monday

    “What President Buhari has done with that law is profound. A new status and new way of life has been presented to us. He has done his job, we must do ours. So, we have to retrofit all those buildings within the next fives years and as we do that, people will be employed and lives will change in one month.

    On whether there would be sanctions for those who fail to comply with the policy, he said: “We all need to work to achieve the purpose of this policy. In this country, people go to churches and mosque not because they are forced to but because they are convinced that it is the right thing. That same attitude applied in going to places of worship should be applied to the maintenance of our building. Let maintenance be our new religion”.

     

  • Breaking: Lawyers ignore NBA’s court boycott directive

    Many lawyers in Abuja on Tuesday ignored Monday’s directive by the Nigerian Bar Association (NBA) for legal practitioners to stay away from courts until the Executive reverses the suspension of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Visits to courts in Abuja on Tuesday revealed that fully robbed lawyers, turned up in court, ready to conduct businesses for the day.

    The situation was the same in the Supreme Court (located within the Three Arms Zone), through the Court of Appeal (located also in the Three Arms Zone), the Federal High Court (in Maitama) and the High Court of the Federal Capital Territory (FCT) in Maitam.

    Although most judges at the Federal High Court did not sit, with some said to be attending a seminar, Justices of the Supreme Court sat and conducted proceedings. So was the case in some High Court of the FCT visited.

    Read Also; Court boycott: lawyers express mixed reactions

    Some of the lawyers spoken to said the directive by the NBA lacked the force of law. And since it was not an order of court, lawyers could choose to abide by it or disregard it where their client’s interest is at stake.

    They argue that since the issue of the suspension of the CJN was already in court, the NBA and all other interested parties should allow the court reach a decision one way or the other.

    Details later

  • Fugitive bribery suspect turns herself in

    Fugitive bribery suspect Pei Zhanrong has returned to China and turned herself in almost two years after fleeing overseas, China’s top anti-graft authority announced on Monday.

    “Pei, a former human resources and social security official in northeast China’s Jilin Province, was suspected of taking bribes and fled overseas in March 2017,’’ the anti-graft authority said.

    The 65-year-old was also a former chief of the division for demobilised military officers’ placement and deputy inspector at the human resources and social security department in Jilin Province.

    Read Also; Onnoghen: NJC members in move to save Judiciary

    “In June 2017, Jilin provincial prosecutors launched an investigation into Pei’s suspected crimes, before she was added to an online wanted list by the authorities,’’ the statement said.

    According to officials, Pei is cooperating in returning her illegal gains.

    The fugitive repatriation and asset recovery office under China’s Central Anti-Corruption Coordination Group has vowed unremitting efforts to hunt down fugitives and recover stolen assets.

  • Court okays INEC’s rejection of Zamfara APC’s candidates

    A Federal High Court in Abuja has held the Independent National Electoral Commission (INEC) acted within its powers by refusing to accept list of candidates for the next general elections from the Zamfara State chapter of the All Progressives Congress (APC).

    Justice Ijeoma Ojukwu said it was not the fault of INEC that the APC failed to conduct a valid primary within the period scheduled by the electoral body.

    Justice Onjukwu said INEC’s action was intended to curb impunity among political parties and politicians; ensure that rule of law is adhered to.

    The judgment was on a suit, marked: FHC/ABJ/CS/1279/2018, filed in the name of APC by some individuals, who said they emerged from a consensus arrangement adopted by the party in Zamfara State.

    Justice Ojukwu, who dismissed the case for being without merit, noted that evidence presented before the court by parties did not show that the APC conducted its primaries within INEC’s published schedule of activities, which required parties to conduct their primaries and submit list of candidates within August 18 and October 7, 2018

    The judge said the decision of the APC in Zamfara to select its candidates through a consensus option, breached the provision of the Electoral Act and the party’s constitution.

    Read Also:  Zamfara APC: Court okays INEC’s rejection of candidates

    Justice Ojukwu said, by the fact before the court, it could not be held that INEC acted ultra vires by rejecting Zamfara APC’s candidates’ list.

    The judge added that INEC’s decision was to deter impunity and ensure that the right thing was done and the provisions of the law complied with by political parties.

    She said: “The intendment of the law is that due process must be followed. The 1st defendant’s (INEC’s) action was to ensure that the party complies with rule of law.”

    The judge said it was obvious that, as at the close of nomination for the 2019 elections, according to INEC guideline, the party (APC) had no candidates, having failed to conduct legitimate primary.

    Earlier, Justice Ojukwu dismissed the preliminary objection brought against the suit and held that there was no similarity between the case before her court and the one pending before the High Court of Justice, Zamfara State, marked: ZMS/GS/52/2018 filed on December 6, 2018by Alhaji Babandida Abdullahi, Chairman, APC, Gusau Local Government and others against the APC and others.

    While Justice Ojukwu was delivering judgment in the case in Abuja, Justice Muhammad Bello Shinkafi of Court 3, High of Zamfara State in Gusau, also rendered judgment in the suit by Alhaji Abdullahi and held that the APC actually has candidates having conducted valid primaries between October 3 and 7, 2018.

    Justice Shinkafi proceeded to order INEC to accept the candidates produced by the primaries as APC candidates in Zamfara for all positions in the forthcoming general elections.

    Read Also: Gana rejects Appeal Court affirmation of Duke

    A certified-true-copy (CTC) of the judgment certificate signed by an Alhaji Lawali Sanda Kaura (Assitant Director), sighted by The Nation on Friday, indicated that the court granted all the prayers by the plaintiffs.

    It reads in part: “Now, on the strength of evidence adduced by the plaintiff, the evidence elicited from both DWS1 and 2 during cross-examination, as well as the documentary evidence tendered and admitted in evidence, I am satisfied that the plaintiffs have proved their case against the defendants.

    “Consequently therefore, the above issue for determination formulating is hereby. Answered in the affirmative and all the reliefs claimed by the plaintiffs are hereby granted.

    “An order declaring as lawful and valid the primary election conducted by the APC (herein plaintiffs’ party) under the supervision of the 3rd defendant (INEC) and security agents on the 3rd and 7th October 2018 for the purpose of producing candidates to vie for various offices, which produce the plaintiffs, under the platform of the 1st defendant.” The court also order INEC to “accept and accord due recognition to the list of the candidate that emerged as winners” in the primaries of the 3rd and 7th October 2018

    The court also ordered the 1st defendant (APC) to “recognise and accept the list of candidates that emerged as winners” in the primaries.

    The court further granted a perpetual order of injunction restraining the defendants and their agents “from taking any steps towards cancelling/rejecting the result of the primary election held on the 3rd and 7th of October 2018 and monitored by the 3rd defendant.”

    Lawyer to the plaintiff in the Zamfara case, Mahmud Magaji (SAN) said, with the judgment of January 25 given in his clients’ favour, INEC cannot afford not to accepts the list of candidates that emerged from the primaries that the court has said were valid.

  • Offa robbery: 21 AK 47 rifles carted from police armoury, says witness

    The Nigeria Police High Command on Friday said no fewer than 21 AK47 rifles were stolen from the armoury of a station during the April 5th, 2018 bloody bank robbery and attack on police station.

    The command added one Michel Adikwu now dead and a dismissed police officer led the robbery incident that claimed 33 lives, including nine policemen and women.

    Police said these at the resumed hearing of the case at Kwara state

    High Court sitting in Ilorin, the state capital.

    Five accused persons who were accomplices of the late Adikwu are standing trial.

    They are: Ayoade Akinnibosun, Ibikunle Ogunleye, Adeola Abraham, Salaudeen Azeez and Niyi Ogundiran were in court.

    One of the prosecution witnesses led by Prof Wahab Egbewole, Hitila Hassan, an inspector told the court that the closed circuit television (CCTV) footages of the banks disclosed the identity of the accused persons culminating into their arrest.

    Mr. Hassan, an officer attached to the Inspector General of Police

    (IGP) Intelligence Response Team (IRT), said other members of the gang are still at large.

    IRT was set up by the former IGP Ibrahim Idris and it is headed by Assistant Commissioner of police (ACP) Abba Kyari.

    The police officer added that his team came to Ilorin at the behest of the then IGP Idris to fish out the perpetrators of the dastardly act.

    He said that his team worked with the officers of the Kwara state criminal investigation department, saying that “we visited the armoury of the scenes of the incident and Offa police station where we discovered that no fewer than 21 AK47 rifles were carted away by the armed robbers.

    “We also gathered from the accused persons that the late Michael

    Adikwu after the attacks on banks headed for the police station and started shouting that he had come on a revenge mission for his dismissal from the force.

    “Then he started shooting sporadically in every direction at the station. Having carefully watched the footages of the CCTV we identified the faces in the camera and the circulated in the social media for Nigerians to assist us in the arrest of the culprits.

    “Through that we generated our intelligence that led to the arrest of one Ibikunle Ogunleye in Oro, Irepodun local government area of the state.

    “Initially, he denied having anything to do with the incident but when confronted with CCTV evidence, he confessed and said he was one of the persons inside the banks wielding AK47 rifles.

    “His arrest assisted us in the arrest of four other accused persons standing trial.”

    Inspector Dauda, an exhibit keeper at the Kwara state Headquarters of the Nigeria Police, Ilorin had testified.

    Read Also: FG, States, LGs share N649.198b monthly allocation

    He disclosed that on April 10,2018, a former Divisional Police officer in Offa local government, CSP Danjuma Adamu handed to him some weapons and ammunition allegedly used in the robbery operation.

    Dauda said that the ammunition included 39 expended 7.6mm ammunition, four expended 5.6mm, two expended blank cartridges, four used bullet, one life 5.6mm ammunition, one Catridge safety box on which Ikoyi South West, Lagos, Nigeria was written and a damaged padlock.

    He also said that on April 15, 2018, Inspector Hassan attached to the Inspector General of Police rescue team also brought one Lexus Jeep on which a sticker bearing “Saraki” was written with it key, a Compressor Mercedes Benz and four Stickers bearing “Saraki”.

    The prosecution tendered all the items as exhibits in the case.

    Friday’s sitting commenced around 9am and ended at 4:23pm

    Justice Halimat Salman adjourned the case till February 19 and 20, 2019 for continuation of hearing.

  • Court orders arrest of Imo APC Caretaker Committee members

    A Federal High Court sitting in Owerri, the Imo state capital, on Thursday issued a bench warrant for the arrest of members of the Adams Oshiomhole- recognised Caretaker Committee of the All Progressives Congress (APC) in Imo State.

    The presiding Judge, Justice M. T Salihu, ordered the Commissioner of Police to arrest members of the Caretaker Committee.

    They are Marcellinus Nlemigbo, Nzekwe Ugochukwu, Lady Love Ineh, Canice Nwachukwu, Josephine Nnorom, Paul Para, Linus Ineoha and Nicholas Osuagwu.

    The Judge said they should be arrested for assaulting a bailiff, Nwawi Ogugua, who came to serve Court proceedings on members of the Committee in their factional office.

    Justice Salihu ordered that all the members of the Committee, excluding one, Enyinnaya Onuegbu, who was the only person in Court, should be arrested and brought before the Court on January 31.

    They are to explain why they should not be committed to prison for attacking an officer of the Court who was carrying out his legitimate duties.

    It will be recalled the bailiff who had gone to serve Court Summons on the Caretaker Committee members was beaten to a pulp by thugs at the instance allegedly at the instance chairman of the Committee.

    Narrating his ordeal, the plaintiff, said that he escaped death by the whiskers after thugs attacked him at the factional APC office, where he went to serve Court Summons on the Caretaker Committee members.

    Read Also: Imo APC expels guber candidate

    He said: “When I got to the office along Okigwe road, the moment I introduced myself and why I was there, some youths were asked to throw me out.

    “It was then that they pounced on me and started beating me like a common criminal. They said they will kill me and nothing will happen”.

    The Suit, No. FHC/OW/CS/01/2019 was instituted by the Imo State APC Chairman, Hon Daniel Nwafor, challenging the dissolution of the elected State Executive by the National leadership of the party with the APC, Adams Oshiomhole, the Inspector General of Police and the nine members of the Committee as respondents.