The Nation Newspaper

Tag: Court

  • Court sacks Ondo lawmaker as PDP candidate

    A Federal High Court sitting in Akure, the Ondo State capital, yesterday ordered a Federal lawmaker, Bode Ayorinde, to stop parading himself as the candidate of the Peoples Democratic Party (PDP) for the forthcoming House of Representatives election.

    Ayorinde, who defected from the ruling All Progressives Congress (APC) last year, is the incumbent member of the House of Representatives, representing Owo/Ose Federal Constituency of Ondo State.

    The court ordered the national secretariat of the PDP to remove Ayorinde’s name and send the name of Mr. Sodiq Obanoyen to the Independent National Electoral Commission (INEC) as the candidate of the party.

    Obanoyen was said to have won the House of Representatives primary in the Owo/Ose Federal constituency, held in Owo in October. He reportedly scored 107 votes while Ayorinde polled 73 votes. But the party sent Ayorinde’s name to the INEC as its candidate for the election, while Obanoyen was disqualified by the party.

    Obanoyen challenged the action of the party at the court.

    The defendants are: the PDP, the chairman of the Ondo State PDP, Clement Faboyede, Ayorinde and the INEC.,as first, second, third and fourth defendants.

    Counsel to the third defendant (Ayorinde), Mr. Tolu Babaleye, in one of his prayers, asked the court to uphold the disqualification of the plaintiff on the grounds that Obanoyen did not resign his appointment as a legislative aide to Deputy Senate President Ike Ekeremadu before obtaining the form to contest. The lawyer said the action was against the party’s election guidelines.

    The plaintiff’s legal team, led by Remi Olatubora, presented the evidence that showed the appropriate resignation of its client to the court.

    Justice Abdul Dogo struck out the prayers of the first and third defendants for lack of merit. The court also held that the plaintiff duly tendered his resignation letter before obtaining the form and thereby qualified to contest the election.

    “The first defendant (PDP) is hereby ordered to forward the name of the plaintiff to the fourth defendant as the candidate of the first defendant in the election.

    “Also, the third defendant (Ayorinde) is hereby restrained from parading himself as the candidate of the first defendant in the election. The fourth defendant is hereby restrained from recognising the third defendant as the candidate of the first defendant in the election.”

    Olatubora hailed the court’s judgment, saying it confirmed that the judiciary was still working in the country,

    Ayorinde’s lawyer Tolu Babaleye said he would need to consult his client to determine the next line of action on the matter.

  • Voter urges court to disqualify PDP’s Osun senatorial candidate

    A registered voter in Ward 7, Olorunda Local Government Area of Osun State, Mr. Ibraheem Khalid, has asked the Federal High Court, Osogbo, to disqualify the Peoples Democratic Party (PDP) candidate, Ganiyu Ayobami Olaoluwa, from contesting the Osun Central senatorial election.

    Khalid alleged that Olaoluwa neither attended nor obtained a School Certificate from Ikosi High School, as deposed to by PDP’s candidate in the electoral forms submitted to the Independent National Electoral Commission (INEC), Oluoluwa is the first defendant in the suit while INEC is second defendant.

    He averred that Olaoluwa’s form (affidavit in support of personal particulars of person seeking elective office) “was pasted by the INEC alongside that of other candidates at INEC offices in Osun Central Senatorial District, with an attached Resume, where under education qualification he specifically included “IKOSI Ikosi High School, Ketu, Lagos State (school certificate) – 1982-1988”.

    He averred that “upon reasonable suspicion that his claim in the affidavit in support of personal particulars of persons seeking elective office and the attached resume is false, the plaintiff caused an inquiry to be made from the relevant school and the Tutor General/Permanent Secretary in charge of the Education District where the said Ikosi High School is located as to verification and confirmation of the claim of studentship and qualification of the first defendant.

    Khalid recalled that in response to the inquiry, a letter, dated January 16, issued by the office of Tutor General/Permanent Secretary, Education District II, Ministry of Education, Lagos State government; the summary of the finding is that:

    “From the records available in the school, the individual in question, Ganiyu Ayobami Olaoluwa, was not sighted in the school’s register, most especially between the years 1982-1988, as claimed by him,” he letter said.

    The plaintiff approached the court, seeking the following reliefs:

    “A declaration that the information as contained in the affidavit in support of particulars of candidates of the first defendant deposed to by the first defendant and submitted by the first defendant to the second defendant that the first defendant attended and/or obtained School Certificate from Ikosi High School between 1982-1988 is false.

    “A declaration that the information as contained in the resume attached to the affidavit in support of particulars of candidates of the first defendant and submitted by the first defendant to the second defendant that the first defendant attended and/or obtained School Certificate from Ikosi High School between 1982-1988 is false.”

    “An order disqualifying the first defendant from contesting the election as a candidate to the Senate for Osun Central Senatorial District scheduled to hold on February 16, 2019.”

    No date has been fixed for hearing and the defendant is yet to file a response.

  • Court restrains Abuja hotel boss from holding office

    The Federal High Court in Abuja has granted an order of injunction restraining Cyprian Okechukwu Igweh from parading himself as the Chairman/Managing Director or Chief Executive Officer of Bolingo Hotels and Towers Limited.

    Justice Babatunde Quadri made the order by virtue of a notice dated June 15, 2009 by the hotel’s Board of Directors and an ordinary resolution dated July 6, 2007.

    They are to the effect that Igweh should vacate the office.

    The court ordered that Igweh should render account and disclose the hotel’s financial standing to the counter-claimants from October 16, 2006 till last December 14 when judgment was delivered.

    He is  to render the account within 14 days from the date of the order.

    Besides, the court declared that the 200 million units of shares of the late Chief Joseph Uchechukwu Igweh, in Bolingo Hotels and Towers has not been transmitted in line with its resolution of May 18, 2006.

    The judge declared that the purported transfer of 200 million units of shares of the late Chief Igweh by Cyprian to himself was ultra vires, illegal, unlawful, improper, invalid, and null and void and of no effect whatsoever.

    Justice Quadri said the shares were not transmitted with the consent, authority and approval of the hotel’s board of directors or in line with its articles of association.

    The court ordered that a general meeting of the members of Bolingo Hotels and Towers be held in accordance with statutory requirements within 21 days from the date of judgment.

    It directed that a nominee of the Corporate Affairs Commission (CAC), not below the rank of principal manager, should attend, guide and supervise both meetings of the board and the hotel’s members.

    Justice Quadri ordered the CAC to produce all the files of the Bolingo Hotels and Towers registered as RC No. 13, 571 at the meetings.

    He also ordered the Commission to regularise the files in its custody by expunging all forged documents allegedly filed by Igweh with the said Commission as may be identified by the counter-claimants at the meetings.

    The late Chief Joseph Uchechukwu Igweh died on October 22, 2005 in the Bellview plane crash at Lisa village, Ogun State.

    At the time, two of his children, Chijioke Igweh and Chizoba Igweh, were shareholders in the company.

    There was a dispute over who would take control of the company.

    The widow, Dr. Becky Igweh, filed a suit over the dispute.

  • CJN: Court orders service of processes on CCT chairman

    The National Industrial Court, Abuja, on Monday ordered the service of an interim order and hearing notice on the Chairman of the Code of Conduct Tribunal (CCT), Malam Danladi Umar.

    The orders follow the suit seeking to restrain the tribunal from persecuting the Chief Justice of Nigeria (CJN), Mr. Walter Onnoghen.

    At the hearing, counsel to the claimant, James Igwe (SAN), informed the court that originating processes and interim order had been served on all parties except the tribunal’s chairman and the Senate President.

    Igwe said it was the secretary to the tribunal’s chairman that received the document and not the chairman personally.

    He, however, said the Senate president was not served as an oversight that should be corrected immediately.

    The judge, Justice Sanusi Kado, therefore ordered that the processes and interim order be served on the tribunal’s chairman through substituted means.

    He equally ordered that notice should be placed on the wall of the tribunal’s office.

    He held that hearing notices should be served on all parties.

    He also gave the order that the interim order made on Jan.14 restraining the defendants from further proceeding with the trial against the CJN should subsist.

    The judge adjourned the matter until Jan. 30 for hearing of motion on notice of the interlocutory injunction in the substantive suit.

    The CJN is facing a six-count charge before the CCT over an alleged non-declaration of assets.

    Read Also: Court restates order stopping CCT from forcing CJN to vacate office

    The trial is based on a petition filed by a group, the Anti-corruption, Research and Data-based Initiative.

    The claimant in the suit, one Mr Peter Abang, therefore, filed an ex-parte motion before the court seeking an order to suspend the trial at the tribunal.

    Joined as co-defendants in the suit are Code of Court Bureau, CCB, CCT chairman, Danladi Umar; Attorney General of the Federation and The National Judicial Commission.

    Others are The Federal Judicial Service Commission, the Inspector General of Police, the Justice Minister, Abubakar Malami, Senate President, Bukola Saraki, and National Judicial Council.

    Mr Garba Tetengi, Defence Counsel to NJC was the only defence counsel in court.

  • Breaking: Court restates order stopping CCT from forcing CJN to vacate office

    The National Industrial Court of Nigeria (NICN) in Abuja on Monday restated its earlier order restraining the Attorney General of the Federation (AGF) and some others from forcing the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to vacate office in view of the allegation of non-disclosure of assets made against him.

    Also to be bound by the order are other defendants in a suit by Peter Abang. They are The Chairman of the Code of Conduct Tribunal (CCT), the Code of Conduct Bureau (CCB), the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Inspector-General of Police (IGP) and the Senate President.

    Justice Sanusi Kado had, in an ex-parte ruling on January 14 this year made similar order and equally halted the scheduled trial of the CJN before the CCT on charges of non-declaration of assets.

    The judge restrained all the defendants in the suit from attempting to force the CJN out office pending the hearing and determination of the plaintiff’s motion for interlocutory injunction.

    Read Also: Court urged to stop use of military for election duties

    Justice Kado said the orders were necessary to avert a threat and constitutional breaches regarding the position of the CJN as the number one judicial officer of the country.

    When the case was called on Monday, plaintiff’s lawyer, James Igwe (SAN) told the court that some of the defendants have been served, including the CCT Chairman, who was said to have directed his Secretary to accept service on his behalf.

    Igwe, however, applied for the court’s permission to serve the CCT Chairman through substituted means, which the judge granted and adjourned to January 30 for report of service.

     

    Details later.

  • APC’s lawyer stalls hearing in suit seeking Akeredolu’s sack

    The planned commencement of trial in the suit seeking the sack of Governor Oluwarotimi Akeredolu of Ondo State was stalled on Friday owing to the absence of Lateef Fagbemi (SAN), lawyer to the APC and its Chairman.

    A Federal High Court in Abuja had on December 11 last year adjourned the case, filed by APC chieftain, Olusegun Abraham, to January 15 this year for hearing. But, upon request by lawyers in the case, the court rescheduled the case to January 18 for trial.

    When the case was called on Friday, Muritata Abdulrasheed, who announced appearance for the APC and its Chairman (1st and 3rd defendants), informed the court that the lead lawyer for his clients, Fagbemi was absent in court because he was bereaved and had travelled to Kwara State for his auntie’s burial.

    Abdulrasheed, who said he was informed about the development on Friday morning, said he could not handle the case in the absence of the leader of his team, who he said participated in the pre-trial meetings. He sought an adjournment.

    Lawyers to Abraham and Akeredolu, Akin Oujinmi (SAN) and Professor Joash Amupitan (SAN) confirmed the development and agreed to the request for adjournment.

    Read Also: Lawyer advocates legislation on vocational education

    Abraham, who was the 1st runner-up in the APC governorship primary in Ondo State in 2016, is by the suit, marked: FHC/ABJ/CS/788/2016, challenging Akeredolu’s emergence as the winner of the primary and the party’s candidate for the last governorship election in the state.

    Abraham alleged that the primary was manipulated to favour Akeredolu and wants the court to nullify the outcome of the primary and pronounce him (Abraham). As the winner of the primary and the party’s candidate for the election.
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    Defendants in the case are the APC, Akeredolu, APC Chairman and the Independent National Electoral Commission (INEC).

    Details later.

  • Court summons NCAA, FAAN bosses

    A judge of the Federal High Court, Ikoyi, Lagos, Justice Muslim Hassan, has summoned the Director-General of Nigerian Civil Aviation Authority (NCAA), Cpt. Mukthar Usam and the Managing Director, Federal Airports Authority of Nigeria (FAAN), Saleh Dunoma.

    They were summoned for their failure to appear in court over contempt charge for tampering with two Bombardier aircraft belonging to Topbrass Aviation.

    They are to appear in court at the next adjourned date fixed for February 28, to explain why they gave orders for tampering of the two Bombardier aircraft in contention between Topbrass Aviation and SeaGold Investment Limited, the lessor of the aircraft.

    The summons was fallout at the hearing of contempt proceedings on January 15 by Justice M. S. Hassan.

  • Attempt to steal aircraft: Court summons NCAA, FAAN bosses

    A judge of the Federal High Court, Ikoyi, Lagos, Justice Muslim Hassan, has summoned the Director-General of Nigerian Civil Aviation Authority (NCAA), Cpt. Mukthar Usam and the Managing Director, Federal Airports Authority of Nigeria (FAAN), Saleh Dunoma.

    They were summoned for their failure to appear in court over contempt charge for tampering with two Bombardier aircraft belonging to Topbrass Aviation.

    Read also: Reason for power outage at Lagos Airport, by FAAN

    They are to appear in court at the next adjourned date fixed for February 28, to explain why they gave orders for tampering of the two Bombardier aircraft in contention between Topbrass Aviation and SeaGold Investment Limited, the lessor of the aircraft.

    The summons was fallout at the hearing of contempt proceedings on January 15 by Justice M. S. Hassan.

  • Borno APC primaries: Court fixes Jan. 30 for ruling

    A Federal High Court in Maiduguri, on Thursday fixed January 30 for ruling on a motion praying for the amendment of originating summon in a case filed by Alhaji Idris Mamman, a chieftain of the All Progressive Congress (APC), seeking nullification of the governorship primary election in the state.

    The News Agency of Nigeria reports that those joined in the suit were the APC and its governorship candidate, Prof. Babagana Zulum, as well as the Independent National Electoral Commission (INEC).

    NAN reports that the plaintiff’s Counsel, Mr Ibrahim Bawa, at the resume hearing of the case, prayed for a leave to amend the originating summons.

    Bawa said the application, supported by 14 paragraph affidavit with an exhibit, would enable the plaintiff serve the case properly before the court.

    He added that the plaintiff sought to amend questions 1 and 2, as well as delete question 4, underlined in the motion paper.

    The counsel argued that a party in a case was entitled to amend its plea in accordance with the rules of the court, stressing that there was clear distinction between the principles of pre-election and election matter, in line with section 14 of the Electoral Act.

    In his response, the Lead Counsel to the respondents, Mr Yusuf Ali, opposed the plaintiff’s request, arguing that the time frame for such amendment had elapsed as provided by the constitution.

    Ali said that the request contravened section 285 (9) of the constitution, adding that the prayer was misconceived and inconsistent with the case.

    The counsel prayed for an extension of time to enable the respondents regularize processes and presentation before the court.

    The presiding judge, Justice Jude Dagad, therefore, adjourned the case to January 30, for ruling.

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    NAN recalled that the plaintiff had in a case number: FHC/MG/CS/55/2018 urged the court to nullify the election conducted on September 30, 2018.

    In a five-point originating summon filed before the court, the plaintiff argued that the election was conducted without the participation of lawful delegates.

    According to him non-delegates participated in the election which is illegal and unlawful.

    He sought for an injunction to restrain the APC from recognizing the second respondent (Zulum) as its governorship candidate on the basis of the purported election, and prayed for an order to declare him winner, having scored the highest votes in the election.

  • Court orders police to show cause for detaining Melaye

    An Abuja High Court sitting in Maitama on Thursday ordered the police to show cause over it’s continued detention of Sen. Dino Melaye.

    Melaye, the senator representing Kogi West in the National Assembly, who has been in police custody since Jan. 4, approached the court for enforcement of his fundamental right.

    Justice Yusuf Halilu gave the order after Melaye’s counsel, Chief Mike Ozekhome (SAN) informed the court that his client has been in police custody since Jan. 4 against what the law stipulated.

    “We are talking about the liberty of a citizen not because he is a senator of the Federal Republic of Nigeria, but a citizen, this is contrary to sections 35 and 36 of the Constitution of Nigeria.

    “If you keep a man for 13 days you have already presumed him guilty, ” he submitted.

    Mr Simon Lough, the respondent counsel, told the court that he only got the motion on notice on Jan. 16, and needed five days according to law to reply.

    He added that he was and not aware of the order to show cause.

    He said though Melaye was in the police custody, he as the counsel, does not have the power to effect his investigation which was ongoing, preparatory to charging him to court.

    Lough therefore prayed the court for an adjournment to enable him file and serve his reply before Jan. 18.

    The judge explained that the police was put on notice to come and show cause why the detained senator should not be granted bail.

    “The court was approached by the police for his custody and the court granted it, and now the court ordered that the police should come and explain why he would not be released.

    Read Also: DSS denies abducting Melaye

    “I granted an order on Jan. 14, that the police should come and show cause,’’ the judge said.

    He, however, adjourned hearing till Jan. 18, to enable the respondent file his reply on the applicant.

    Both parties agreed to the application for adjournment prayed by the respondent.

    The judge further ordered the respondent to serve the applicant all the processes today.