The Nation Newspaper

Tag: Court

  • Court rejects Metuh’s application for stay of proceeding

    Court rejects Metuh’s application for stay of proceeding

    Justice Okon Abang of the Federal High Court, Abuja yesterday refused an application by a former spokesperson of the Peoples Democratic Party (PDP), Chief Olisa Metuh, for a stay of proceeding in a suit against him.

    Metuh is facing a seven-count charge of fraud brought against him by the Economic and Financial Crimes Commission (EFCC).

    He is accused of receiving N400 million illegally from the office of the former National Security Adviser, Sambo Dasuki.

    But he denied any wrongdoing.

    The court dismissed another application filed by Tochukwu Onwubuifor (SAN) counsel to the 1st defendant’s company, Destra Investment Limited,  asking the court to release Metuh’s passport to enable him to travel to the United Kingdom (UK) for medical treatment for a period of five weeks.

    Judge Abang said the provisions of the Administration of Criminal Justice Act (ACJA)does not encourage such an adjournment.

    “The application has been dismissed,” the judge held.

    Trial continues today.

     

     

     

  • Court to rule on Tompolo’s rights suit on July 14

    Court to rule on Tompolo’s rights suit on July 14

    A Federal High Court in Lagos yesterday adjourned till July 14, to deliver judgment in a fundamental rights suit filed by Government Ekpemulopo, alias Tompolo.

    Tompolo, who had been declared wanted since February 12, 2016 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution over an alleged N45.9 billion fraud.

    Joined as respondents are the Inspector-General of Police, Chief of Army Staff, EFCC, Chief of Naval Staff and Chief of Air Staff.

    The case earlier slated for judgment yesterday was re-slated for July 14, following the absence of the trial judge, Justice Mojisola Olatoregun, who is said to be attending a workshop.

    At the last sitting, counsel representing the applicant and respondents had adopted their processes before the court.

  • ‘Missing’ ex-minister: Court to hear detained rep’s bail application tomorrow

    An Igbosere Chief Magistrates’ Court in Lagos State will tomorrow hear the bail application by lawmaker representing Edu/Moro/Patigi Federal Constituency of Kwara State, Aliyu Ahman Pategi, who was remanded last Friday.

    Pategi was remanded in prison following his arraignment for failing to produce former Minister of State for Education, Oloye Jumoke Akinjide, whom he stood surety for.

    Akinjide is wanted by the Economic and Financial Crimes Commission (EFCC) for alleged conspiracy and laundering of N650 million.

    According to the EFCC, Akinjide collected the money from former Minister of Petroleum Resources, Diezani Alison-Madueke, in March 2015.

    It said Alison-Madueke received the N650 million as gratification from several firms, including Northern Belt Oil and Gas Company, Actus Integrated Investment Limited, Midwestern Oil and Gas Company Limited and Adesanya Leno Olaitan.

    The money was allegedly kept in Fidelity Bank Plc.

    Akinjide, former Managing Partner of commercial law firm Akinjide and Co., and a solicitor of England and Wales, was arrested last August.

    EFCC’s lawyer Rotimi Oyedepo told the court that Akinjide was granted bail last August, after Pategi stood as her surety on a N650 million bail bond, with a promise to produce her when needed.

    He said a 24-count charge of money laundering and conspiracy was brought against her before Justice Ayo Emmanuel of the Federal High Court, Ibadan.

    But, according to Oyedepo, she failed to appear in court after more than three proceedings, despite service of the charges on her, following which the court threatened to dismiss the charge.

    Oyedepo said Akinjide has not been seen since and Pategi, despite repeated demands, failed to produce her.

    The lawyer prayed for an order directing Pategi to show cause for his failure to produce Akinjide, and why the N650 million should not be forfeited to the Federal Government.

    But Pategi, through his lawyer, Adenrele Adegborioye, applied for bail.

    Oyedepo said he was served the bail application in open court and needed time to respond to it.

  • Court okays partial secret trial for Dasuki

    Court okays partial secret trial for Dasuki

    The Federal High Court, Abuja yesterday permitted the Federal Government’s witnesses to testify behind screen against the former National Security Adviser, Col. Mohammed Sambo Dasuki (rtd), in his trial for alleged money laundering and illegal possession of fire arms.

    Justice Ahmed Mohammed said other members of the public in court will not be allowed to see the witnesses.

    The judge rejected the Federal Government’s other prayers regarding the use of pseudo names. He said the witnesses’ names are already contained in the charge.

    The matter was adjourned till September 20 and 21, 2017 for continuation of trial.

    In 2015, a similar application was dismissed by the court. Again, in 2016, the Federal Government filed yet another application in respect of secret trial.

    The application was heard but before ruling was to be delivered, the case was transferred from Justice Adeniyi Ademola to Justice Mohammed.

    Dasuki was re-arraigned before Justice Mohammed on a seven-count amended charge.

    In an amended charge, Dasuki was accused of being in possession of prohibited firearms without requisite licence, contrary to Section 28 of the Firearms Act, Laws of the Federation of Nigeria 2004.

    He was specifically alleged to have been in possession of five terror rifles at his residence in Asokoro, Abuja.

    Besides the firearms, Dasuki was also accused of money laundering and was said to have been in possession of $40,000, N5 million and & 20,000 Pounds allegedly found in his house in July.

    According to the charge, the money was said to be proceeds of an unlawful act, contrary to Section 15 (3) of the Money Laundering Prohibition Act.

    The amended charge also indicated that $150,000 and another N37 million, being proceeds of an unlawful act was also found in his Sokoto residence in July 2015.

    Dasuki pleaded not guilty to the seven counts.

  • Court adjourns hearing of El-Zakzaky’s N2b suit

    Court adjourns hearing of El-Zakzaky’s N2b suit

    The Kaduna Federal High Court has adjourned till June 30, a N2 billion suit against the Army, Chief of Army Staff and three others, by Islamic Movement in Nigeria (IMN) leader, Sheikh Ibraheem El-Zakzaky.

    El-Zakzaky sued them for the alleged abuse of his human rights, destruction of his house in Zaria and murder of his three children.

    The case was adjourned following the defence counsel’s inability to identify and argue his motion.

    Hussein Oyebanji told the presiding judge, Justice Saleh Shuaibu, that he was not familiar with the case. He stood in for the lead defence counsel, Biola Oyebanji.

    At the resumed hearing yesterday, El-Zakzaky’s lawyer, Femi Falana SAN, moved an application for the regularisation of the processes that he had filed out of time.

    But when the defence lawyer was invited to identify and argue the motion of objection, Oyebanji told the judge he is not conversant with the case.

    When asked whether he could conduct the case, Oyebanji pleaded for adjournment to allow his principal appear in court to argue the case.

    Justice Shuaibu, however, adjourned the case till June 30 to enable the defence identify and argue his motion.

    Speaking after the adjournment, Femi Falana cautioned against foot-dragging in the case.

    “We cannot challenge a violation of human rights outside its state of occurrence. The destruction happened in Kaduna and it shall be determined there,” he said.

  • Court reserves ruling on Kogi’s N222m suit

    A lokoja High Court has reserved judgment till June 29, in a suit by Kogi State government against Globacom Nigeria Ltd.

    The government sued Globacom for its alleged refusal to settle an outstanding tax balance of over N222 million to its internal revenue service.

    Ruling on a preliminary objection raised by Globacom’s lawyer, Justice Henry Olusuyi struck out the objection for incompetence.

    Justice Olusuyi noted that the preliminary objection did not follow the laid down procedures, and so could be accepted.

    Lawyer to the state internal revenue service, Patience Ekele, filed a motion on notice, seeking the leave of court to compel Globacom to pay the outstanding tax balance.

    She said the 32-paragraph affidavit supported the motion deposed to by Alhaji Jubril Saidu, in-charge of tax drive and enforcement of the revenue service.

    According to her, no counter affidavit has been filed by the defendant, and she was yet to receive any document from its lawyer.

    She, however, urged the court to grant the application, saying what the revenue service was asking for is its due to the state as tax. Justice Olusuyi reserved judgment till June 29.

  • Trump travel ban suffers new court defeat

    Trump travel ban suffers new court defeat

    A US appeals court has upheld a decision blocking President Trump’s revised “travel ban” on people from six mainly Muslim nations.

    A lower court had issued the injunction on the grounds that the ban was discriminatory after a challenge by the state of Hawaii.

    The 90-day ban was to apply to people from Iran, Libya, Syria, Somalia, Sudan and Yemen.

    It also called for a 120-day ban on all refugees.

    The Ninth US Circuit Court of Appeals in San Francisco was reviewing a March ruling by a Hawaii-based federal judge that blocked parts of Mr Trump’s order.

    In their ruling, the judges said that “immigration, even for the President, is not a one-person show”.

    They said Mr Trump had failed to show that the entry of people from the six countries mentioned in the ban, as well as the refugees, would be detrimental to US interests.

    But the judges said the government was allowed to review the vetting process for people entering the US – something the earlier Hawaii ruling had blocked.

    The administration has said the travel ban is needed to prevent terrorism in the US.

    The latest ruling follows another ruling in May by a different court, the Fourth US Circuit Court of Appeals in Richmond, Virginia, that upheld a Maryland judge’s ruling that also blocked parts of Mr Trump’s revised ban.

    Earlier this month the Trump administration filed an emergency request with the Supreme Court to block the Hawaii and Maryland rulings and revive the ban.

    Lawyers for Hawaii had described Mr Trump’s executive order as a “thinly veiled Muslim ban”.

    The Supreme Court will decide whether Mr Trump’s comments during his election campaign can be used as evidence that the executive order was intended to discriminate against Muslims, which would be against the US constitution.

    During his election campaign, Mr Trump called for a “total and complete shutdown of Muslims entering the United States”.

    An earlier version of Mr Trump’s travel ban, issued in January, sparked confusion and protests and was blocked by a judge in Seattle because it probably violated the due process rights of individuals with valid residency papers and visas.

    The department also said it was unconstitutional to sue the president in his official capacity.

    Mr Trump has not yet commented on the latest move.

  • Court orders Tsav to pay N10m for libel

    A Makurdi High Court, presided over by Justice Maurice Ikpambese, has ordered Alhaji Abubakar Tsav and the a newspaper to pay N10 million, jointly and severally, as damages to Governor Samuel Ortom’s aide, Mr. Abrahams Kwaghngu, for libel.

    They were also ordered to publish a retraction of the defamatory publication in three dailies, as well as a paid advertorial on the prime beat of the Nigerian Television Authority (NTA), Radio Benue, and Harvest FM.

    Mr. Kwaghngu instituted a suit against Tsav and the newspaper, for describing him as a “killer, thug, and vandal”, who killed Hausa and Kabawa people during a 2013 crisis in Gbajimba.

    He was also accused of destroying their property, as contained in a story published in the Pilot Newspaper of August 31, 2015.

    Justice Ikpambese said: “Considering the falsity of the story, the first defendant had no moral, social or legal interest or duty to have published it.

    “It is an abuse of powers for the first defendant to enlarge his coast by renewing and wading into Gbajimba crisis, when he found nothing against the plaintiff during the Gen. Atom Kpera-led panel.”

    Mr. Kwaghngu was happy that the court restored his dignity. He said it was sad that a man, old enough to be his father, tried to tarnish his image.

  • Court orders forfeiture of N13b Ikoyi cash

    Court orders forfeiture of N13b Ikoyi cash

     

    The Federal High Court in Lagos yesterday ordered the forfeiture of $43,449,947 (about N13billion), N23, 218,000 million and £27,800 (about N10.6milion) cash found in Flat 7B, Osborne Towers,  Ikoyi, Lagos.

    Justice Muslim Hassan ordered that the money be permanently forfeited to the Federal Government following the failure of anyone to claim its ownership.

    The judge, however, refused to grant the application of EFCC counsel I. A. Mohammed for N5million costs against a lawyer and rights activist, Olukoya Ogungbeje, for wasting the court’s time in relation to the cash.

    The Economic and Financial Crimes Commission (EFCC) discovered the money on April 11, 2017 in cabinets and “Ghana-must-go” bags following a tip-off from a whistle-blower.

    On April 13, 2017 EFCC counsel, Rotimi Oyedepo, sought an interim order temporarily forfeiting the funds to the Federal Government in line with Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.

    He said: “Section 17 of the Advance Fee Fraud and other Related Offences Act empowers my lord to order the interim forfeiture of a property to the Federal Government where the property is found to be unclaimed, or where it is found to be proceeds of an unlawful activity.”

    Section 17 (1) of the Advance Fee Fraud Act says: “Where any property has come into the possession of any officer of the Commission as unclaimed property, or any unclaimed property is found by any officer of the Commission to be in the possession of any other person, body corporate or financial institution, or any property in the possession of any person, body corporate or financial institution is reasonably suspected to be proceeds of some unlawful activity under this Act, the Money Laundering Act of 2004, the Economic and Financial Crimes Commission Act of 2004 or any other law enforceable under the EFCC Act of 2004, the High Court shall upon application made by the commission, its officers, or any other person authorised by it, and upon being reasonably satisfied that such property is an unclaimed property or proceeds of unlawful activity under the Acts stated in this subsection, make an order that the property or the proceeds from the sale of such property be forfeited to the Federal Government of Nigeria.”

    Justice Hassan directed the EFCC to advertise the order in a national newspaper so that anybody claiming its ownership could claim it within 14 days or it would be permanently forfeited to the government.

    Although nobody came forward on May 5, when the matter came up, Ogungbeje filed an application for a stay of proceedings pending when a probe panel headed by Acting President Yemi Osinbajo would submit its findings on the cash.

    This was opposed by the EFCC, which urged the court to dismiss it and proceed with the forfeiture proceedings.

    Justice Hassan upheld the agency’s argument and dismissed Ogungbeje’s application for want of merit.

    The application, the judge said, is totally strange to law, adding that Ogungbeje could not seek a stay of proceedings since he never appealed against the interim forfeiture order.

    The judge said Ogungbeje, not being a party to the suit, was a meddlesome interloper and a busybody.

    Ruling, the judge said: “I am in complete agreement with the submission of the learned counsel for the applicant (EFCC) that the property sought to be attached are reasonably suspected to be proceeds of unlawful activity.

    “By any standard this huge sum of money is not expected to be kept without going through the designated financial institution. Also nobody has shown cause why the money should not be forfeited to the Federal Government.

    “Having regard to the following I have no option than to grant the application as prayed.

    “For the avoidance of any doubt, I hereby make the following orders: 1. A final order is made forfeiting the total sum of $43,449,947 found by the Economic and Financial Crimes Commission (EFCC) at Flat 7B of No. 16 Osborne Road, Osborne Towers, Ikoyi, Lagos, which sum is reasonably suspected to be proceeds of unlawful activities to the Federal Government of Nigeria.”

    The same order was made in respect of the £27,800 and N23,218,000.

    The National Intelligence Agency (NIA) through its suspended Director-General Ayodele Oke and the Rivers State Government through Governor Nyesom Wike claimed ownership of the funds.

    But the EFCC had, while arguing the application for final forfeiture order on May 5, named the wife of the Nigerian Intelligence Agency (NIA) Director-General, Mrs. Folashade Oke, as the owner of the flat where the funds were recovered.

    The EFCC said it found out that Mrs. Oke made a cash payment of $1.658m, in tranches of $700,000, $650,000 and $353,700, for the purchase of the flat between August 25 and September 3, 2015.

  • N12.5m fine: Court refuses EFCC’s motion for stay of execution

    N12.5m fine: Court refuses EFCC’s motion for stay of execution

    Justice Gabriel Kolawole of the Federal High Court, Abuja, yesterday refused an Economic and Financial Crimes Commission (EFCC) for a stay of execution of his judgment.

    The court had ordered the agency to pay N12.5 million to Senator Abdulaziz Nyako for infringing on his fundamental rights.

    Justice Kolawole ruled in favour of Nyako on June 22, last year, following the determination of a motion on notice alleging breach of his fundamental rights filed by the Senator on February 17, 2015.

    However, on July 4, last year, 2016, the EFCC filed a motion on notice seeking the court to stay execution of the judgment, claiming that it has filed an appeal at the Court of Appeal.

    Ruling on the INEC motion, Justice Kolawole struck out the EFCC application and ordered it to deposit the N12.5 million fine with the Chief registrar of the Federal High Court within 30 days.

    The N12.5 million was imposed on the anti-graft agency as a fine for arresting and detaining the senator for three days and freezing all his bank accounts for over two years without a court order, or charging the senator to court.

    “There was no circumstantial situation to warrant the stay of the judgment since no cogent reason was placed before the court to enable it use its discretion in favour of the anti-graft agency”, the judge said.

    He directed the EFCC to within 30 days, issue a bank draft in the sum of N12.5 million in the name of the Chief Registrar of the court and that the registrar shall open an interest yielding account in a reputable bank of his choice with the draft.

    He said that in the event that the anti-graft agency failed to deposit the bank draft within the stipulated period, Senator Nyako shall have the right to apply for garnishee order nisi.

    In its motion on notice seeking a stay of execution of the judgment, the EFCC complained that it will not be able to undertake its statutory functions after paying the N12.5 million to the senator.

    The EFCC also told the court that it will be in the interest of justice to delay the payment till the final decision of the court of appeal on the issue.

    But Justice Kolawale disagreed with EFCC’s claim that the payment would cripple its operations, adding that there was no substantial point of law but sentimental arguments canvassed by the agency to pray for stay of execution.

    The judge agreed with Nyako that the motion filed by EFCC was a ploy to deny him the fruit of his victory over the EFCC and that there was no special circumstance to warrant the grant of stay.

    The court held that it had powers to grant stay in the execution of judgment but said that such discretional powers must be seen to be judicially and judiciously exercised as required by law.

    The judge had earlier chided the EFCC for claiming that the court issued a judicial fiat in respect to the judgment, stating that the EFCC, as an organisation established by law, should learn how to conduct its statutory functions within the ambits of the law.

    He frowned at the attitude of security agencies in rushing to magistrate’s court to obtain detention warrants on matters on which the lower court has no jurisdiction.

    Such actions, he said, was nothing but corruption.

    He said: “In this instant, the EFCC cannot be said to be a diligent party having just filed notice of appeal in a judgment delivered over a year ago and did not raise any grounds of special circumstances to granting of the stay of the execution of the judgment.

    “The EFCC should wake up and realise that the law that established it is not a cosmetic law but designed to protect the Nigerian citizens from acts of recklessness in the name of performing statutory functions.

    “Let me say here that it is a political slogan that security agencies cannot be subjected to court order when it goes out of its way to infringe on the fundamental rights of the citizens. The act of arresting and detaining before investigation is bizarre and must not be condoned by any law court.”