Tag: Court

A Federal High Court in Abuja has ordered the Registrar of the Medical and Dental Council of Nigeria (MDCN) to forthwith to relist Dr. Sunday O Elusoji’s name in the register of medical and dental practitioners in Nigeria. 

The court also ordered the MDCN to communicate forthwith, the relisting of Dr. Elusoji’s name in the register of medical and dental practitioners in Nigeria to the University of Benin Teaching Hospital, Edo State Ministry of Health, Benin and the Federal Ministry of Health, Abuja. 

It equally declared that, in line with Section 16 (4) & (7) of the Medical and Dental Practitioners Act (MDPA) and the judgment and order of the Court of Appeal in CA/ABJ/CR/115/2022 which set aside the April 8, 2021 direction of the Medical and Dental Disciplinary Tribunal (MDDT), Dr. Elusoji is free to practice as a medical practitioner in the country.

The court further declared that in line with Section 16 (4) & (7) of the MDPA and the Court of Appeal judgment, the six months suspension from medical practice handed Dr. Elusoji by the Appeal Court in its October 27, 2022 judgment, expired on October 8, 2021. 

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Justice Obioma Egwuatu issued the orders and declarations in a judgment delivered on April 10, 2025 in a suit, marked: FHC/ABJ/CS/1130/2023 filed by Dr. Elusoji against the Chairman, Medical and Dental Practitioners Disciplinary Tribunal  (MDPDT) and the MDCN.

Justice held that as against the claim by the Chairman of the MDPDT (listed as the sole respondent in the appeal court judgment) no valid appeal was pending at the Supreme Court against the October 27, 2022 judgment of the Court of Appeal.

The suit before the Federal High Court was filed by Dr. Elusoji, through his lawyer, Ikechukwu Emery, following the failure of the MDCN to comply with the Court of Appeal, Abuja delivered on October 27, 2022 in the appeal marked: CA/ABJ/CR/115/2022 which set aside the direction (decision) of the MDPDT issued on April 8, 2021.

Dr. Elusoji, a Consultant Surgeon and a professor at the University of Benin Teaching Hospital (UBTH), Benin City, Edo State, was, sometime in 2021 convicted by the MDPDT.

The MDPDT had his name struck off its register for allegedly conducting himself infamously while attending to one Mr. Uwa Osagie at his private health facility Our Medical Centre (a.k.a Our Hospital) at No. 2, Jemila Road, Ikpoba Hill, Benin City.

Upon an appeal, the Court of Appeal, in its judgment of October 27, 2022 set aside the sentence the MDPDT imposed on Dr. Elusoji and instead, ordered that he (Dr. Elusoji) be suspended from practice as a medical practitioner for a period of six months with effect from the date of the MDPDT’s decision – April 8, 2021. 

Following the Court of Appeal judgment, Dr. Elusoji communicated the appellate’s decision to the MDCN, demanding among others, that his name be relisted, a request the MDCN failed to comply with, prompting him to file the suit before the Federal High Court.

Edo and Diaspora Advocacy group,  Eziobe Think Tank, has faulted the ruling, which nullified titles conferred by clan heads.

It said the decision was a “distortion of customs and a judicial overreach into tradition and communal heritage.”

The October 13ruling, by Justice E.A. Okoh in suit HIG/3/2025 arose from a case by Emmanuel Saiki, Otaru of Igarra, challenging Aliu Suleiman, Otu of Igarra, and 10 others, for ‘conferring Ipoje titles’’ without approval from the “Prescribed Authority.”

Justice Okoh held that the Otu of Igarra and his co-defendants acted without lawful authority, ruling that only the Otaru of Igarra possesses the recognized power to approve or bestow such traditional titles within Igarra and Akuku clans.

The court consequently set aside all titles conferred and issued a perpetual injunction restraining the defendants from further exercising such powers.

But in its reaction the Eziobe Think Tank, said the judgment undermines communal harmony and centuries-old traditions that define the identity of the Igarra people.

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In a statement by the group’s Director General, Mr. Tony Ali, the body argued that the decision “attempts to judicially rewrite the heritage of a people” and warned that “customs and traditions cannot be subjected to the same legal tests as contracts or commercial disputes.”

“For centuries, the Igarra people have operated under a complex but balanced traditional system where clans, age grades, and family heads retain their rights to honour distinguished sons and daughters with symbolic recognitions, including the Ipoje titles,” the statement reads.

“This practice long predates the current reign and has never required ‘approval’ from a single individual styled as ‘Prescribed Authority.’ To now reduce this communal heritage to a personal prerogative is to misunderstand our culture in its entirety.”

The group said that the Ipoje tradition is rooted in unity and merit, often serving as a tool for recognizing service, peacebuilding, and contributions to community development, not as a challenge to royal authority.

Calling the judgment “a handshake beyond the elbow,” the statement added, “Asking a people to surrender their ancestral right to honour their own to one man is akin to asking a father to hand over his newborn child to an enemy for naming. It is unthinkable and unacceptable in any civilized society.”

While reaffirming their respect for the judiciary, the group maintained that the court’s decision strayed beyond its jurisdiction, venturing into matters “best left to the conscience of tradition and the wisdom of elders.”

Ali said that the defendants, including the Otu of Igarra and others affected by the decision, would pursue an appeal, expressing confidence that “a higher court will correct what is clearly a misinterpretation of the spirit of communal self-expression and cultural autonomy.”

He urged all citizens of Igarra to remain peaceful and law-abiding, cautioning against inflammatory reactions or disrespect toward the traditional institution, noting that “this is a matter for the courts, not the streets.”

“Justice must not only be done but must be seen to protect both the written law and the unwritten spirit of our people’s traditions,” the group said.

“Our customs belong to us all, not to one man. Culture cannot be confiscated by decree, nor can heritage be annulled by judgment.”

The statement concluded by reaffirming faith in the rule of law and the enduring resilience of the Igarra people’s heritage.

“We believe that in the fullness of time, truth will stand. The Ipoje title, and what it represents honour, merit, and unity, will continue to thrive in the hearts of our people.”

Immediate past chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has identified multiple litigations, conflicting court orders, electoral violence, and vote buying as some of the biggest challenges undermining the smooth conduct and management of elections in Nigeria.

In the foreword of a new book titled “Election Management in Nigeria: 2015 to 2025,” which chronicles his two-term tenure as INEC Chairman, Yakubu also highlighted technical glitches, equipment failures, and network connectivity issues as recurring obstacles to election administration.

The 220-page publication, divided into 11 chapters, was released on Yakubu’s final day in office as INEC Chairman.

Despite these challenges, Yakubu noted that the Commission recorded remarkable achievements between 2015 and 2025, many of which, he said, should be sustained to build public trust and improve the integrity of future elections.

“The decade between 2015 and 2025 has been one of the most momentous in the history of election management in Nigeria. There have been several milestones, many challenges, and useful lessons in the conduct and administration of elections during this period,” he said.

According to Yakubu, the book provides the most comprehensive account of the Commission’s reforms, innovations, and lessons under his leadership.

He stated that during his tenure, INEC implemented key reforms across various areas — including the legal framework, voter education, election security, deployment of technology, and stakeholder engagement — all aimed at improving transparency and strengthening public confidence in the electoral system.

The publication documents major milestones achieved during the period, such as the introduction of Simultaneous Accreditation and Voting (CAVs); the development and deployment of the INEC Voter Enrolment Device (IVED) and the Bi-Modal Voter Accreditation System (BVAS); and the expansion of polling units from 119,974 to 176,846 — breaking a 25-year jinx.

Other significant reforms include enhanced inclusivity measures for persons with disabilities (PwDs), internally displaced persons (IDPs), women, and youth; the establishment of the INEC Results Viewing (IReV) Portal; and several digital platforms for the submission and monitoring of candidate lists, party agents, election observers, and media accreditation.

Yakubu also cited the development of the Election Management Support Centre (EMSC) for early warning and real-time monitoring of election activities, as well as INEC’s expanded role in providing electoral assistance to sister electoral bodies across West Africa, as part of the Commission’s enduring legacy during the decade under review.

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He said, “Despite these achievements, the 2015-2025 decade was not without its challenges. Issues such as multiple litigations in which the Commission is joined, conflicting orders from courts of concurrent jurisdiction, electoral violence as seen in the various attacks on the Commission’s facilities and personnel, vote trading, and the challenge of logistics that led to the postponement of elections since 2011, continue to pose challenges to the smooth conduct of elections and the management of the electoral process.

“Additionally, technical challenges with equipment and connectivity failures have sometimes hindered the smooth conduct of elections.

“In response to these challenges, the Commission implemented various reforms, including voter education programs, capacity building for electoral officials, and collaboration with security agencies to ensure the safety of voters and electoral officials, in addition to several policies guiding the development, acquisition, and deployment of electoral technology and the management of the electoral process.

“As the Commission looks to the future, the conduct of elections and the management of elections will continue to evolve and present fresh challenges. Such challenges will necessarily either require the consolidation of old or the formulation of new reforms.

“Lessons from the conduct of elections and the management of the process will necessitate that new lessons be learnt, requiring the tweaking of old, or the introduction of new electoral technologies.

“The Commission must fully embrace both successes and failures, intensify confidence and trust-building measures, expand the drive towards inclusivity, and continuously be ahead in addressing potential threats to the conduct of elections and the management of the electoral process. Only in and through these can it ensure the conduct of free, fair, credible, and inclusive elections and the consolidation of democracy in Nigeria.”

• Court rules on application for adjournment sine die, others, Oct 14th

An Oyo State High Court 5, sitting in Ibadan, on Friday adjourned for ruling on the applications by the United Bank for Africa (UBA) Plc and other defendants in the suit instituted by the Attorney General of Osun State and one other person as claimants.

The matter with suit No. 1/1149/2025 between the Attorney-General of Osun State, the Osun State Local Government Service Commission, and UBA Plc.

The ruling, slated for Tuesday, October 14th, 2025 is to determine whether the case should be adjourned sine die as put before the court by Counsel to UBA, Mr Mutalib Adebayo Ojo (SAN), to await the outcome of Supreme Court decision, or whether the court should take the other applications.

The other applications before the court bothering on jurisdiction, applied for by counsel to the court-sacked APC council chairmen, led by Kazeem Gbadamosi (SAN), as well as the one on participating to be joined by other parties.

Giving the ruling, the Presiding Judge, Justice Ladiran Akintola, said the ruling was given after due consultation with all parties so as to have enough time to write a considered ruling on the matter.

The court also extended till October 14th, its Order of Interim Injunction against UBA, maintaining a no-debit restriction on 30 bank accounts into which withheld Osun State local government allocations were paid by the Central Bank of Nigeria (CBN).

In court on Friday, Counsel to UBA, Adebayo Ojo (SAN) reminded the Court of his application that the matter be adjourned sine die until the Supreme Court will deliver its judgment.

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He noted that the suit upon which the case was filed had been heard at the Supreme Court and judgment reserved, adding that the fact cannot be controverted by any of the parties before the Court.

While asking for the case to be adjourned indefinitely, he told the court that the local government funds in contention were still in its safe custody and untouched by any party.

He noted that, “if the High Court proceeds to hear the suit, there is the likelihood or 50-50 chance that whatever the court does may be in conflict with the decision of the apex court.”

He added that what the court should look at has to do with the hierarchy of the courts, which might result in time wasting of the lower court, noting that once the matter is decided by the Supreme Court, there will be nothing left for any of the parties to do.

He urged the Court to adjourn the matter sine die to await the Supreme Court judgement.

Reacting, Gbadamosi while urging the court not to grant the application until it addresses the issue of jurisdiction told the court that the application is an anomaly and not something that should be before the court.

He said, “In view of the fact that from the defendants and originating summons, there is a suit before the Supreme Court which this current suit and reliefs being sought is predicated  on.  This suit was filed subsequently after the Supreme Court case was filed, that in itself constitutes an abuse of court process which this court must not grant.”

However, counsel to the plaintiffs, Musibau Adetunmbi (SAN), countered the submissions of Gbadamosi noting that his client ran to the court when it observed that despite awaiting the judgement of the Supreme Court, agencies of the Federal government including the Central Bank of Nigeria (CBN) and Accountant General still wet ahead to deposit the fund in question into UBA.

“If the money was not moved from the CBN, we will not come before the Court. There is no argument, two parties are disputing over the rest. But, we all know that the Supreme Court does not have jurisdiction over UBA, but this court does, hence our decision to approach this court.

“The suit is not an abuse of processes as it was filed when the money was moved to UBA by government agencies. Agents of the FG including the  CBN, Accountant General of Federation without recourse to the law violated the law and moved the money to UBA.”

After taking a series of arguments and counter arguments, the Judge retired to the Chamber to write the ruling but emerged about ten minutes later to adjourn for the ruling to be read next week, Tuesday.