A Federal High Court sitting in Lagos yesterday on Monday, ordered the temporary forfeiture of a 12-storey building belonging to a People’s Democratic Party (PDP) Senator, Peter Nwaoboshi.
The property located at 27, Marine Road, Apapa, is said to belong to Nwaoboshi, who is representing Delta North Senatorial District.
The court’s order was sequel to an ex-parte application, filed by the Economic and Financial Crimes Commission (EFCC).
Nwaoboshi and his two companies; Golden Touch Construction Project Ltd and Bilderberg Enterprises Ltd are listed as respondents.
Arguing the application, EFCC counsel, Mr. George Chia-yakua, informed the court that the application was pursuant to section 44(2)(k) of the constitution as well as Section 28 and 29 of the EFCC (establishment) Act 2004.
The EFCC counsel informed the court that the Commission received a petition from an anti-corruption group, ‘Anti-Corruption and Integrity Forum’, against the senator and his Companies on alleged money laundering.
The EFCC stated that upon receipt of the petition, several investigations were carried out.
It said it included making enquiries from the Code of Conduct Bureau, banks, Delta State Governor’s Office, Delta State Tenders Board, Nigeria Customs Service and Lagos State Ministry of Lands.
The agency said that investigations were also made at the Federal Inland Revenue Services and Corporate Affairs Commission (CAC), with a view to tracing movement of funds suspected to be proceeds of Illegal activities.
The EFCC stated that in 2010, the Tender Board of Delta State awarded a contract to the Senator’s second company to purchase new construction equipment for Delta State Direct Labour Agency.
It said that this was at the sum of N1.58 billion, adding that rather than buying new equipment, the company only imported and supplied used equipment, while the Delta State government fully paid for new one.
It further stated that upon investigation, it was revealed that the senator moved the proceeds to various accounts linked to him and his company bidded and bought the said 12-storey building, formerly known as Guinea House, located at 27, Marine Road, Apapa.
It said this was for the sum of N805 million, through the use of his first company, Golden Touch Construction Project Ltd.
The commission also stated that further investigation revealed that the senator’s Bank Verification Number had about 20 bank accounts while his private companies had about 23 bank accounts.
It therefore, urged the court to grant the application, in order to prevent the disposal of the building pending the conclusion of investigation and when a criminal charge will be filed against the respondents.
After listening to the submissions of counsel to the applicant, justice Anka ordered that the 12-storey building located at 27, Marine Road, Apapa, Lagos, be temporary forfeited to the federal government pending the outcome of its Investigation.
Tag: Court
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Court orders temporary forfeiture of building belonging to PDP Delta Senator
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Court summons Oyegun, Buni over Ebonyi APC crisis
There was a new twist to the crisis rocking the Ebonyi State chapter of the All Progressives Congress (APC), as the National Chairman of the party and National Secretary, Chief John Odigie-Oyegun and Hon. Mai Mala Buni, have been summoned before Justice A.
A Nwaigwe’ s High Court sitting in Abakaliki. The two leaders of the party are to appear in person to answer questions why they should not be committed to prison for disobeying an order of interlocutory injunction restraining them, their agents and privies from conducting any new congress aimed at electing new executives of the party in the state.
The Nation gathered that the crisis escalated when the national chairman was said to have transmitted a letter to the state deputy Chairman, Eze Nwachukwu to act as the state chairman of the party. While Nwachukwu claimed that Nwobasi was suspended, the state chairman of the party on his part insisted that he still remained the authentic chairman of the party, describing his deputy as an “impostor”.
Justice Nwaigwe had on November 6, 2014 restrained the respondent from appointing caretaker committee in place of the executives elected during the ward, Local government and state congresses conducted in the state on November 11, 16 and 29 respectively pending the determination of the substantive suit.
The counsel to the applicants, Godwin Onwusi noted that the APC National chairman and National Secretary had earlier been served Form 48, which is the notice of consequence of disobedience to court order that may commit the duo to prison if found guilty.
Onwusi, while briefing journalists in Abakaliki noted that he applied to the Court for Order of committal to prison (Form 49) for the respondents to appear before the court and explain why they should not be sentence to prison for contempt. In the Form 49, he said: “Take notice that pursuant to section 72; order 1X, Rule 13(1) and (2) of the Sheriffs and Civil Processes ACT, CAP S6 LFN updated to 2010 and Order 42 Rule 9 (3)(C) of the rules of this honourable court, the counsel, on behalf of the applicants, will on the 4th day of May 2017 at the hour of 9 o’clock in the forenoon or soon thereafter, as the business of the court will permit, apply to this court for an order of committal to prison of the 1st respondent/ contemnor and the party sought to be committed as agent/privy of the 2nd respondent/ contemnor for having disobeyed the order of this court made on the 6th day of November, 2014”. “That while the substantive suit was and is still pending in court, the party sought to be committed as agents/privy signed and issued a letter dated 23rd February, 2017 to one Pastor Nwachukwu Eze appointing him the Acting Chairman of the APC, Ebonyi State, notwithstanding that the order restrained both the respondents and their agents/privies from doing so”, Onwusi added.
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Court orders EEDC to pay man N.9m in overcharges
An Abia State High Court sitting at Umuahia has ordered the Enugu Electricity Distribution Company (EEDC) to pay a chieftain of the All Progressives Congress (APC), Prince Benjamin Benedict Apugo the sum of N996,426 being the sum over charged him by the electricity company for fixed charges and energy charges.
The order was sequel to suit No. HU/240/2014 instituted by the claimant (Apugo) against the defendant (EEDC), stating that the defendant breached in a contract it entered with him on November 11, 2013 as par installation of 3-phase pre-paid metre.
The claimant also stated in the suit that the fixed charges and energy charges the defendant made him to pay was arbitrary and urged the court to revise it and for the defendant to refund the excesses collected from him.
After listening to the submissions of counsel to the claimant, Chief O.O Amuzie and that of the defendant, Justice Amanze Chikwendu Chima in his ruling observed that the defendant was in breach of the contract it entered with the claimant on November 11, 2013 as par installation of 3-phase pre-paid meter.
The Judge ruled that the defendant was only entitled to bill or charges the claimant for fixed charges and energy charges in accordance with the Multi-Year-Tariff Order 2 as revised and approved by the Nigerian Electricity Regulatory Commission (NERC) in accordance with the Electricity Power Sector Reform Act 2005.
While ordering the defendant to install 3-phase pre-paid meter for the claimant and stop further arbitrary charges on the claimant, the court also ordered the defendant to pay/refund the claimant the sum of N996, 426:02k being the sum over charged him for fixed charges and energy charges.
Meanwhile, apparently irked by the persistent irregular power supply and outrageous monthly bills to electricity users in the state, the Abia State House of Assembly has passed a vote of no confidence on the Enugu Electricity Distribution Company (EEDC).
The House also summoned the State Chairman of National Electricity Regulatory Commission (NERC) to appear before it on May 2 when it will reconvene after the Easter holiday.
According to reports, the NERC state chairman was summoned to explain to the lawmakers during its executive session on said date with the view of briefing them on the way forward concerning reported ugly activities of the EEDC in the state.
The Deputy Speaker and member representing Bende North State Constituency, Sir Cosmos Ndukwe in a matter of urgent public importance on the mindless extortion by the EEDC and a petition by a widow who accused the company of exposing her to untold hardship through outrageous bills lamented that the electricity distribution company has been exploiting Abians who pay for services that wasn’t rendered by the company.
Ndukwe prayed the house to summon the authorities of the electricity distribution company for southeast to give answers to questions arising from their activities.
Some of the lawmakers including member representing Arochukwu State Constituency, Elder Luke Ukaronyeani, Bishop Kennedy Njoku from Osisioma State constituency, Martins Azubuike of Isiala Ngwa North State constituency, Solomon Akpulonu of Osisioma State Constituency, Comrade Chibuzo Okogbue amongst others backed the Deputy Speaker’s position.
They stated that it was time the company was called to order over what they described as the company’s incompetency to distribute power effectively across the state and issue consumers with bills that corresponds with their monthly consumptions.
The speaker, Mr. Chikwendu Kalu noted that the house had few weeks ago passed a resolution on the ugly activities of the EEDC and regretted that the company hasn’t done anything to retrace its step
Kalu in his speech said the continued issuance of estimated bills and indiscriminate disconnection of peoples’ power supply by the EEDC staff was illegal.
According to the speaker, the public has the right to arrest EEDC staff who attempted to disconnect electricity supply to their homes when there wasn’t any supply of electricity to their homes.
The house adjourned sitting and proceeded on Easter holiday to reconvene on the second day of May where they are expecting NERC state chairman to appear before it.
It could be recalled that the level of electricity distribution in Aba, the commercial hub of the state is a far cry from the expectations of organizations, Small and medium Scale industrialists who are the most populated group in Aba and has also has affected the cost of production as many organizations rely on generator to power their equipment whose cost of maintenance and fueling is a big burden on the company.
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Court dismisses airline’s, officials’ submission on alleged $1.63m theft
The Federal High Court in Lagos has directed Emirates Airlines and four airport officials to open their defence in a $1.63 million theft charged filed against them by the Federal Government.
Justice Mohammed Idris dismissed the no-case submission filed by the airline and Abayomi Abiola, Isiaka Adedeji, Awonubi Abayomi and George Ikpekhia.
He also dismissed the no-case submission made by two companies named in the charge – Pathfinder International Ltd and Nigeria Aviation Handling Company Plc.
They were charged in 2009 with alleged theft of $1.63million belonging to a businessman, Prince Ikem Orji.
The Federal Government alleged that the defendants conspired among themselves to steal the money while pretending that they would help him deliver it to him at Ghuangzhou, China.
The defendants were said to have committed the offence on December 19, 2007 at the Murtala Muhammed Airport, Ikeja, Lagos.
The four airport officials also charged with “failure to report an international transfer of the sum of $1.63million belonging to Prince Chu Ikem Orji, a sum above $10,000 required to be reported to the Central Bank of Nigeria by virtue of Section 2 (1) of the Money Laundering (Prohibition) Act”.
The alleged offence is contrary to Section 390(9) of the Criminal Code Act, Cap C38 Laws of the Federation of Nigeria 2004 and punishable under Section 422.
The four officials were alleged to have violated Section 15(1)(e) of the Money Laundering Act Cap N30, Laws of the Federation of Nigeria 2004, punishable under Section 15(2)(b) and (3).
The defendants pleaded not guilty to the charge, following which the prosecution opened its case, calling three witnesses and tendering some exhibits.
When the prosecution closed its case last October 18, the defendants filed no-case submissions rather that opening their defence.
They argued that the prosecution failed to make out a prima facie case against them and urged the court to dismiss the charge.
Ruling, Justice Idris held that the defendants have some explanations to give.
“The prosecution called witnesses and tendered a number of exhibits, which I have thoroughly examined. Going through the evidence of these witnesses, it appears that if taken as unchallenged and uncontroverted, some link might be established between the defendants and some of the content of exhibits A1, A2, A3, A4 and A5.
“For the reasons contained herein, I am of the view that the defendants have some explanations to make. The no-case submission is, therefore, overruled.”
Justice Idris adjourned until June 21, 22 and 23.
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Alleged N2b fraud: Court grants Oronsaye’s travel request
Justice Gabriel Kolawole of the Federal High Court, Abuja yesterday granted an application brought by the former Head of the Civil Service, Stephen Oronsaye, in which he prayed the court to allow him travel abroad for medical treatment.
Oronsaye, Osarenkhoe Afe, Global Service Limited, Cluster Logistics Limited, Langolo Dynamic Cleaning Limited and Drew Investment and Construction Company Limited are being prosecuted by the Economic and Financial Crime Commission (EFCC) for stealing and obtaining money by false pretence.
Counsel to Oronsaye Mr. John Ochogwu prayed the court to release his clients’ international passport to enable him apply for visa to travel abroad for medical treatment, saying he will travel before the next adjourned date, April 25.
Reacting to the prayer, the prosecution counsel, Oluwaleke Atolagbe, said he was not opposing the application.
He, however, expressed shock at the absence of the 2nd and 3rd defence counsel.
The judge held that the 2nd and 3rd defence counsel have always been present during trial, saying their absence could be justified.
The judge, in a short ruling, granted the travel request, which is predicated on plea that the defendant would return before the next adjourned date.
Justice Kolawole said: “The prosecution did not oppose the application and he did not ask the court to revoke the bail of the 1st defendant. I hereby order for the release of his passport.”
He adjourned the case till April 25 for continuation of trial.
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Malabu urges court to stop govt, others from signing $13.5b project
Malabu Oil & Gas Limited yesterday urged the Federal High Court, Abuja, to stop the Federal Government and six others from signing the Final Investment Decision (FID) for the $13.5 billion Zabazaba Deepwater Project.
The project is located in the contentious Oil Prospecting Licence (OPL 245).
The other defendants include Shell Nigeria Exploration and Production Company (SNEPCo), Nigerian Agip Exploration Company Limited, the Minister of Petroleum Resources, the Economic and Financial Crimes Commission (EFCC) and Dan Etete.
Malabu Oil and Gas is also seeking an order of interlocutory injunction, to restrain the Federal Government and the minister from considering to revoke or revoke the re-allocation of OPL 245 granted it.
Mr J.A. Achimugwu, who filed the suit on behalf of the oil firm, said it was triggered by media publications that the defendants were negotiating to sign the FID for the project in the second quarter of the year.
The News Agency of Nigeria (NAN) reports that Justice John Tsoho, granted permission to Malabu to serve the writ of summons and other processes on Shell Nigeria Ultra-Deep Limited at No. 21 and 22 Marina Avenue, Lagos.
He adjourned the matter until May 18 for the hearing of the motion.
Meanwhile, Royal Dutch Shell Plc yesterday said it knew part of the $1.1 billion paid to the government in 2011 for an exploration license would go to a company linked to the country’s former oil minister, Dan Etete, changing its previous stance on a deal that’s under investigation for alleged corruption.
Shell acknowledged that it was aware of the former minister’s involvement.
“We knew that the Federal Government of Nigeria would compensate Malabu to settle its claim on the block. Over time, it became clear to us that Etete was involved in Malabu and that the only way to resolve the impasse through a negotiated settlement was to engage with Etete and Malabu, whether we liked it or not,” the Anglo-Dutch oil major said.
Shell and Eni SpA’s joint purchase of Nigeria’s Oil Prospecting License 245 — estimated to hold about nine billion barrels of crude — is being investigated in three countries. Nigeria’s anti-graft agency filed charges against the companies last month, alleging they used the deal to “corruptly” pay $801 million to Malabu, Etete and others. The two oil producers say they put money exclusively into an account controlled by the Nigerian government and had no knowledge of or con
The firm reiterated that its joint purchase with Eni SpA of the license was “fully legal” and it paid no money to Etete or his firm, Malabu Oil and Gas Ltd.
This follows the publication of internal emails showing staff discussed the risk that funds from the transaction could ultimately be used to pay off officials.
Eni reiterated in a statement that it hasn’t been involved in any wrongdoing and did not make payments to Malabu, Etete or any public official.
Dutch authorities are investigating Shell’s role in the deal. A Milan judge is also considering whether to accept a prosecutors’ request that Eni Chief Executive Officer Claudio Descalzi be indicted for his involvement in the deal. A preliminary hearing is scheduled for April 20.
The change in Shell’s stance since the internal emails were first published by Buzzfeed on April 9 runs counter to previous comments about the deal, according to Global Witness.
“This is a huge U-turn. Now its private emails have come to light, Shell has admitted it dealt with Etete,” Simon Taylor, founder of the anti-corruption campaign group, said by email
Lagos-based Malabu was awarded the prospecting license in 1998 by former military leader General Abdulsalami Abubakar, at a time when Etete was serving as oil minister. The government of President Olusegun Obasanjo, which took office in May 1999, canceled the license in 2001 and awarded it to Shell a year later.
Malabu was awarded the field again in 2006 and Shell contested the rights until 2011, when along with Eni it paid the government to settle the dispute. The state subsequently transferred funds to Malabu to resolve its claim on the license.
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Court bars pastor from home
An Ekiti State High Court sitting in Ado Ekiti has barred a pastor, Victor Ekejiuba, from his matrimonial home for one year to save his wife, Caroline, from “unending battering and physical assaults”.
The court restrained Ekejiuba from having access to his wife’s assets. He was also ordered to maintain peace during the period.
Mrs. Ekejiuba, an engineer, filed exhibits, including text messages, sent by her husband threatening to eliminate her.
Justice Oluwatoyin Abodunde granted her application for Interim Protection Order.
During trial, the applicant’s counsel, Blessing Ajileye, presented a printed text message sent by the respondent to his wife, which was not controverted by the respondent.
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Court alerts pirated copies of NIC Civil Procedure Rules in circulation
The National Industrial Court (NIC), says pirated copies of its new Civil Procedure Rules 2017, are in circulation and advised legal practitioners to buy the book through approved channels.
Mr Olurotimi Daudu, Deputy Chief Registrar of NIC, said some legal practitioners complained they had sighted the pirated copies of the rules in some locations across the country.
Daudu spoke on Monday in Abuja, in an interview with the News Agency of Nigeria (NAN).He noted that while piracy was a great challenge in Nigeria, it was particularly dangerous to the judiciary, as laws could be misrepresented, and could distort legal proceedings.
”The public has to be aware, when you see somebody hawking the rules of court by the roadside, at road intersections and you choose to patronise them; most times you may not get the right thing.
”On our part, we have sent copies of the rules to every faculty of law, every library in Nigeria, and every known public institution in Nigeria.
”We have in some occasions distributed copies of the rules in court even though they are for sale and we expended money printing them , just to limit the influence of pirates.
”We have tried to really reach out to people at every strata of the society to ensure that they have the correct version of the rules,” he said.Daudu urged litigants and legal practitioners to ensure that they purchase the new rules through the approved channels
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Court declares Abiola Supreme Head C&S unification
The Lagos State High Court in Ikeja has declared Most Elder Apostle Adebayo Abiola as the Supreme Head of the Cherubim and Seraphim Unification Church.
Justice Lateef Lawal-Akapo held that he (the second applicant) was validly selected and presented by the Registered Trustees of the Sacred Cherubim and Seraphim Church of Nigeria (first applicant) in accordance with the church’s constitution.
The judge granted an order of perpetual injunction restraining Elder Apostle Solomon Alao from occupying the office of the church’s Supreme Head or performing the duties and functions of the head.
“An order of perpetual injunction is hereby made restraining the fourth defendant (Alao) from releasing or parting with the staff of office of the Supreme Head of Cherubim & Seraphim Unification Church to the first to third defendants, their agents or servants except the duly elected nominee of the first claimant,” the judge held.
The defendants are the Registered Trustees of the Sacred Cherumbim Unification Church of Nigeria, Special Apostle Akin Owolabi (Secretary-General of Cherubim and Seraphim Unification Church of Nigeria), Alao and Eder Apostle David Salako.
The claimants sued in 2015 to challenge Alao’s nomination and leadership.
Justice Lawal-Akapo held that the it was the Sacred Cherubim and Seraphim Church of Nigeria that was registered under the Companies and Allied Matters Act, adding that the word “Overseas” never appeared in the church’s constitution or other documents.
“I find as a fact and I hold that the Sacred Cherubim and Seraphim Church of Nigeria is indeed a registered corporate organisation as clearly reflected in the certificate of incorporation,” the judge said.
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‘I ve not come to mislead court’
The Apena of Ofin, Sagamu, Chief Lamidi Olaitan Adesanya, has told a Sagamu High Court that his interest in the suit filed by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe to the stool of Odemo of Isara-Remo by the kingmakers, was not to mislead the court.
He denied claims by the defence that he was in court to cause distortion in the matter being adjudicated upon by Justice A.A. Babawale.
The witness, who is the second witness of the claimant, spoke while under cross-examination by counsel to the 15th to 18th respondents, Mrs O. O. Adejumo.
Besides Albert Mayungbe, other defendants in the suit are Chief Wasiu Ekundayo; Secretary, Remo North Local Government; Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye; Asipa Odi of Isara, Chief Owuye Logba as second to ninth defendants.
Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; Ekeji Asipa Emo, Chief Adewole Sopitan; Governor of Ogun State; Executive Council of Ogun State; the State Commissioner for Chieftaincy and Local Government and the state Attorney General and Commissioner for Justice.
Adesanya said he was in court to state the truth and present the facts of the matter.
He said whenever knotty matters are brought before Oba Akarigbo and Paramount ruler of Remoland, he is the one usually called upon by the king to clarify and state the historical facts regarding such issues.
He, however, denied being a member of the Erinsiba Ayoledoye Ruling House of Isara Remo.