Justice Muslim Hassan of the Federal High Court in Lagos yesterday refused to grant an ex-parte application by Justice Rita Ofili-Ajumogobia for her release from the Economic and Financial Crimes (EFCC) custody.
Rather, he directed her lawyer, Mr. Moyosore Onigbanjo (SAN), to put EFCC on notice to enable it respond.
It was learnt that EFCC was yet to be served with Justice Ofili-Ajumogobia’s motion.
Justice Ajumogobia, who was transferred from the court’s Lagos Division to Ilorin, was detained for allegedly collecting N5million gratification from a Senior Advocate of Nigeria (SAN), Chief Godwin Obla.
Her transfer came soon after she was sanctioned by the National Judicial Council (NJC), which barred her from elevation to a higher court for misconduct.
In a 30-count charge filed at the Lagos High Court, the EFCC said Justice Ajumogobia and Obla allegedly committed an offence last May 21 by conspiring to pervert the course of justice.
The commission said Obla transferred N5million to Nigel & Colive Ltd, a company the judge is a sole signatory to.
Ajumogobia, through her lawyer, had filed the ex-parte application seeking to enforce her fundamental rights and for the court to order her release with immediate effect.
Arguing the application, Onigbajo faulted the judge’s continued detention.
He said: “She is ready to defend herself vigorously against any charge. She is ready to deposit her passport and abide by any other conditions that the court may impose on her.
“There is no need under the law to continue to keep her in detention, except to humiliate her because the offence is a bailable one.”
In a short ruling, Justice Hassan directed the applicant to put the anti-graft agency on notice.
He said it was in the interest of justice to give the prosecution an opportunity to explain itself.
“The prayers being sought cannot be heard by motion ex-parte,” he held.
Justice Hassan adjourned until November 28 for hearing.
Tag: Court
-
Court refuses to order judge’s release from EFCC custody
-
Court remands woman for using forged documents to process British visa
Justice Oluwatoyin Ipaye yesterday ordered a woman, Iyabo Susan Rotowa to be remanded in prison custody for allegedly attempting to use forged documents to obtain Visa from the United Kingdom High Commission in Lagos.
Rotowa was arraigned before the court on a two-count charge offence of forgery and false documentation preferred against her by the Economic and Financial Crimes Commission (EFCC).
EFCC Counsel Abba Mohammad said the defendant was said to have forged an insurance document, Coronis MBA-IVS-00036447 client no. 234 MBAUK205063945 in the name of Iyabo Susan Rotowa and purported the document to have been issued by Mutual Benefits Assurance Plc.
The defendant was also said to have presented the said false document dated July 18, 2016 to the British Deputy High Commissioner.
Rotowa pleaded not guilty.
Her lawyer Olusola Adeyemi urged the court to grant the defendant bail in liberal terms.
He also urged the court to remand the defendant in EFCC custody pending the perfection of the bail.
But the EFCC objected to the requests of the defence on the ground that the commission does not have long detention facilities while the available one is overstretched.
The judge upheld the EFCC plea and remanded the defendant in the prison custody.
Justice Ipaye also granted the defendant N100,000 bail and two sureties in like sum.
She ordered that the sureties must be a relative and should furnish the court with their current office addresses to the appropriate officials of the court.
She subsequently adjourned the matter until February 8 and 9, 2016 for trial. -
COURT UPHOLDS OKAFOR’S ELECTION
HON. Justice B.B. Kanyip of National Industrial Court, Lagos Division, last Friday, dismissed a motion filed by one Chris Mba on behalf of himself and members of a body referred to as PMAN Caretaker Committee in Suit no. NICN/LA/632/2016.
While hearing the application seeking to set aside the recent election which produced Mr. Pretty Okafor as President, Sunny Neji 1st Vice President, Zakky Azzay 2ndVice President and Tolu Obey Fabiyi as National Treasurer respectively among others, the presiding Judge, Hon. Kanyip held that in the absence of any law empowering the Hon Minister of Labor and Employment, Dr Chris Ngige and the Registrar of Trade Union Mrs. Mborgu to appoint a Caretaker Committee to run and manage the affairs of a registered Trade Union like PMAN, that the application lacks merit and was therefore dismissed accordingly.
According to Kenny George, PMAN Secretary General, the development establishes the legitimacy, legality and authenticity of the Current PMAN Executive which was elected at the last PMAN Biennial National Delegates Conference held October 4, 2016 in Lagos.
He therefore called on all aggrieved PMAN members to seize the opportunity to embrace peace by returning back to the Union as the ruling of the court is victory for truth and justice for all.
-
Pastor remanded in prison for impregnating teenager
An Abeokuta Chief Magistrates’ Court on Wednesday ordered the remand of a 48-year-old pastor, Micheal Adeniran, in prison custody for allegedly impregnating a teenager.
The magistrate, Mrs Oriyomi Sofowora, ordered that the accused be remanded for the facts of the case to be stated.
She then adjourned the case till Nov.30.
The accused, whose address is unknown, is facing a charge of sexual abuse.
The prosecutor, Insp. Kayode Emnmanuel, told the court that the accused committed the offence in June at El- Bethel Church, Ita Aka, in Abeokuta, Ogun.
Emmanuel said that the accused, a pastor at El- Bethel Church, sexually abused a 17-year-old girl, which resulted into pregnancy.
The prosecutor said that the pastor failed to take responsibility of the teenager in the last six months of his impregnating her.
The prosecutor said that the offence contravened Section 32 of the Child Rights Law of Ogun, 2006.
The accused, however, pleaded not guilty.
-
Court upholds Okafor’s election
Hon. Justice B.B. Kanyip of National Industrial Court, Lagos Division, last Friday, dismissed a motion filed by Chris Mba on behalf of members of a body referred to as PMAN Caretaker Committee in Suit no. NICN/LA/632/2016.
While hearing the application seeking to set aside the recent election which produced Mr. Pretty Okafor as President, Sunny Neji 1st Vice President, Zakky Azzay 2ndVice President and Tolu Obey Fabiyi as National Treasurer respectively among others, the presiding Judge, Hon. Kanyip held that in the absence of any law empowering the Hon Minister of Labor and Employment, Dr Chris Ngige and the Registrar of Trade Union Mrs. Mborgu to appoint a Caretaker Committee to run and manage the affairs of a registered Trade Union like PMAN, that the application lacks merit and was therefore dismissed accordingly.
According to Kenny George, PMAN Secretary General, the development establishes the legitimacy, legality and authenticity of the Current PMAN Executive which was elected at the last PMAN Biennial National Delegates Conference held October 4, 2016 in Lagos.
He therefore called on all aggrieved PMAN members to seize the opportunity to embrace peace by returning back to the Union as the ruling of the court is victory for truth and justice for all.
-
Court adjourns suit against UAC till Nov 17
In Ikeja High Court has adjourned until November 17 a suit by Grant Properties Limited and others against UAC Properties Development Company Plc and UAC of Nigeria Plc over an alleged trespass of a property at Igboshuku village in Eti Osa, Lagos.
Other claimants are Fibigboye Estate limited and Knight Rook limitedý.
According to them, by virtue of a ýCertificate of Occupancy dated December 6, 2002 and registered in the Lagos State Land Registry, Knight Rook Limited is entitled to a parcel of land measuring 50.349 hectres at Igboshuku village, behind Femi Okunnu Housing estate, Lekki Peninsula Scheme 11 (known as Victory Park Estate).
The claimants said as ýsecurity for the facility and in lieu of execution of a deed of legal mortgage, they transferred their interest in Knight Rook to Sterling Bank Plc, Skye Bank plc, Unity Bank Plc and Wema Bank Plc, with an exit clause to return to the claimants all rights and interests in the property upon full liquidation of a loan facility.
The claimants said they were still in possession of the land before the alleged acts of trespass by the defendants’ agents.
But, the defendants are urging the court to dismiss the suit, adding that the claimants have no locus standi to sue and maintain the action.
A counsel at UAC Properties, Mrs Afolake Kalaro, while being led in evidence by Mr Ayodele Akindele (SAN), told the court that due process was observed in the acquisition of the land in dispute.
She stated that the second defendant is the sole and exclusive owner of the land by their investigation.
While being cross examined by the claimant counselý, Bolajo Badejo (SAN), she said she did not visit the land in her personal capacity.
Deputy Manager of Sterling Bank Plc, ýAdeola Egbinade, testified that his bank was one of the consortium of banks that has shares in the second defendant.
He noted that he was in charge of secretariat of the Project Implementation Committee set up under an MOU dated August 8,2006 between the claimants and consortium of banks.
-
Court stops UI from ejecting sacked lecturer
THe National Industrial Court in Ibadan, the Oyo State capital, yesterday stopped the management of the University of Ibadan from ejecting a sacked lecturer, Dr Adenike Ogunshe, from her official residence.
The News Agency of Nigeria (NAN) reports that Ogunshe, a lecturer in the Department of Microbiology, Faculty of Science, is challenging the institution and its council for unlawfully terminating her appointment.
The institution had also directed the claimant to vacate her quarters on campus.
Ogunshe’s counsel Femi Aborisade, in a motion ex parte, urged the court to stop the university from carrying out the directive.
Justice Firstina Kola-Olalere granted the motion and instructed the university not to eject the claimant.
The judge, however, adjourned the case till January 19, for hearing.
NAN reports that the claimant’s appointment was terminated for alleged misconduct.
Aborisade earlier told the court that the appointment of his client was wrongly terminated, saying due process was not followed.
He added that the termination was unconstitutional, unlawful and a violation of her right.
The counsel urged the court to set aside the purported termination and reinstall the claimant to her position, without any loss of earnings, salaries and allowances.
He prayed the court to order the respondents to pay N8 million as general damages, for failure to give the equitable three months’ notice before terminating her appointment.
-
$15m: Patience Jonathan’s group not registered, SERAP tells court
A Rights group, Socio-Economic Rights and Accountability Project (SERAP), has urged the Federal High Court to “dismiss” a suit by former first lady Mrs. Dame Patience Jonathan’ with substantial cost.”
Mrs. Jonathan and her group, Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance, had accused SERAP in a suit dated October 6 of “using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15 million (U.S.) and ought to be prosecuted.”
But SERAP, in a preliminary objection dated October 27 and signed by its executive director Adetokunbo Mumuni, stated that “Patience Jonathan’s claims cannot be maintained because they are brought on her behalf by a group that is unknown to law.
“Mrs. Jonathan’s group is not a registered organisation envisaged by law. This very point calls into question the legal capacity to file this suit against SERAP, and the jurisdiction of the court to entertain her suit.”
When the case came up for hearing before Justice C.M.A Olatoregun on Friday, SERAP was represented by its lawyer Babatunde Ogala, former chairman of the Lagos State House of Assembly’s Committee on Judiciary.
SERAP’s preliminary objections read in part: “Since the process of court has not been used bona fide and properly, it is unnecessary to consider whether or not there is a genuine case on the merits. An abuse of court process is not the specie of sins called an irregularity. It is a much more fundamental vice which is deserving of the punishment of dismissal.”
-
Kashamu must justify allegation against AGF, NDLEA, says court
A Federal High Court in Abuja has asked Senator Buruji Kashamu to justify the contempt allegation he made against the minister of Justice and federal attorney general (AGF) as well as the National Drug Law Enforcement Agency (NDLEA) following alleged fresh moves to abduct him and ship him to the United States (US) to face illicit drugs related offence trial.
Kashamu had filed a motion, accusing the AGF and NDLEA of being in contempt of the court’s ruling of July 1, 2015, dismissing an extradition application filed by former AGF, Mohammed Adoke (SAN), by allegedly making fresh moves to arrest him and extradite him.
Adoke filed the application on May 28, 2015, upon an alleged request by the U.S. asking Nigeria to submit Kashamu for extradition.
In a ruling on July 1, 2015, Justice Gabriel Kolawole held that his court had no jurisdiction to hear the suit following subsisting orders and judgments restraining the NDLEA and AGF from entertaining any extradition request from the US against Kashamu.
The court said Kashamu had been exonerated by two British court judgments.
Justice Kolawole noted that the subsisting judgments and orders of the British and Nigerian courts had not been appealed or set aside by an appellate court.
When parties returned to court on October 26, Justice Kolawole asked Kashamu’s lawyer C. I. Ndukwe to justify his claim that the NDLEA and AGF were in contempt of any court order.
The judge noted that his ruling of July 1, 2015, did not include any injunctive order, which could be breached. He said he was not convinced the alleged contemnors were in contempt.
Justice Kolawole noted that contempt proceedings, being a quasi-criminal one, require the presence of the alleged contemnors in court during proceedings. He said the court needed to be convinced the AGF and NDLEA were in contempt before they could be summoned to attend proceedings.
The judge said if the AGF and NDLEA were taking fresh steps to arrest Kashamu and extradite him, the proper option opened to him (Kashamu) was to file a fresh suit.
Justice Kolawole fixed December 15 to hear Kashamu’s lawyer and NDLEA’s objection.
-
‘Illegal’ oil export: Court refuses oil giant’s bid to gag media
THE Federal High Court in Lagos yesterday refused an application by Total E&P Nigeria Plc to bar reporters from reporting a case of alleged illegal oil export brought against it by the Federal Government.
Justice Mojisola Olatoregun-Ishola dismissed the application for being in bad faith and unmeritorious.
She said she could not stop the media from covering a case that was in public interest.
Besides, she said the court was a public place and therefore, reporters were free to do their job without hindrance.
The Federal Government, through its lawyer Prof. Fabian Ajogwu (SAN), sued the multinational oil company, alleging that it lied about the volume of crude oil it shipped out of the country between January 2011 and December 2014.
The plaintiff accused the oil company of deliberately short-changing the country, which it believes amounts to theft of its resources.
The Federal Government said Total under-declared exports to the tune of $245,258,640 (about N77.8 billion) by allegedly shipping several barrels of crude oil out without making due remittance to the government.
In a bid to stop media exposure of the alleged fraud, Total, through its lawyer, Mr. Babatunde Fagbohunlu (SAN) filed an application urging the court to bar journalists from further reporting the proceedings.
According to him, the media reports made it appear as if his client had already been found guilty of the allegations. Besides, he said the media reports were pre-judging the case.
He said it would be in the interest of justice to stop further publication of the proceedings pending the determination of the case.
But, Justice Justice Olatoregun-Ishola refused the application for being grossly unmeritorious and unconstitutional.
Dismissing the application, she said she could not bar journalists from performing their legitimate duties, adding that the court was a public place and open to journalists.
The judge, however, urged journalists to always get their facts right and report fairly and accurately.
She granted an application by the Federal Government to amend its pleadings in the case.
The Federal Government, through its lawyer, filed the suit following a forensic analysis linking alarming decline in oil revenue to the alleged fraudulent non-declaration or under-declaration of volume of crude oil shipped out of the country by the Total and other oil companies.
The plaintiff is seeking an order compelling Total E&P Nigeria to pay it $245,258,640, which it said is “the total value of the missing revenues from the shortfall /under-declared/undeclared crude oil shipments of the Federal Government of Nigeria.”
The Federal Government wants 21 per cent interest per annum on the sum until liquidation.
It is also praying for general damages of $245,258,640 from Total E&P Nigeria.
Three United States-based experts – a United States (U.S.) citizen and Lead Analyst at Loumos Group LLC, a technology and oil and gas auditing firm based in the U.S. Prof. David Olowokere; a counsel in the law firm of Henchy & Hackenberg, Jerome Stanley, and founder and Chief Executive Officer, Trade Data Services Company, State of Arizona, U.S., Michael Kanko deposed to supporting affidavits to the suit.
According to them, about 57 million barrels of crude oil were allegedly illegally exported by the defendants and sold to buyers in the U.S. between January 2011 and December 2014.
They deponents alleged the companies did not make due remittance to the Federal Government contrary to the terms of agreement.
The deponents cited an instance where Total allegedly shipped out 968,784 barrels of crude oil, valued at $106,566,240, using a vessel named, TRIATHLON.
The shipment, they said, had a bill of lading numbered TCVMTRIATIA 1388; the oil giants allegedly failed to declare it to the relevant agencies.
According to the experts, the crude oil was sold to Tostsa Total oil Trading SA of San Felipe Plaza-Suite 2100,5847 SAN FELIPE, 770557-Houston, U.S. at the port of Philadelphia, Pennsylvania.
They cited another instance where about 491,850 barrels of crude oil, valued at $54,103,500, were allegedly shipped out without making remittance to the government.
The crude oil, among others, was allegedly shipped with a vessel named NORTH STAR, with a bill of lading marked, DROESVD23091101.
The government alleged that Total bypassed the pre-shipment agents appointed by the Central Bank of Nigeria (CBN) to inspect crude oil shipments.
This, the plaintiff said, led to the failure of the shipment records to be deposited at the Ministry of Finance.
The Federal Government said its consultants uncovered the alleged illegality using high-technology information technology system, including satellite tracking systems.
Total E&P Nigeria had through its lawyer Fagbohunlu filed a preliminary objection, urging the court to strike out the suit.
It was on the grounds that the suit failed to disclose a reasonable cause of action against his client.
Justice Olatoregun-Ishola adjourned until January 16.