The Nation Newspaper

Tag: Court

  • Court grants Ohakim permission to travel abroad for treatment

    Court grants Ohakim permission to travel abroad for treatment

    The Federal High Court, Abuja, yesterday granted former Imo State Governor Ikedi Ohakim permission to travel abroad for medical treatment.

    Vacation judge, Justice Nnamdi Dimgba, granted the permission following an application by Ohakim’s lawyer, Mr Gordy Uche (SAN).

    Uche prayed the court to release the former governor’s passport to enable him travel abroad for a routine medical check up.

    The prosecuting counsel, Mr Festus Ukpe, did not oppose the application and the court granted the request.

    Ohakim is to return his passport to the registrar of the court not later than 48 hours upon his return in August.

    The News Agency of Nigeria (NAN) reports that the substantive case against Ohakim is before Justice Adeniyi Ademola but he approached Justice Dimgba’s court because of the court’s vacation.

    Justice Ademola, on June 30, dismissed a “no case” submission filed by Ohakim on alleged corruption and money laundering, saying he had a case to answer.

    In dismissing the application, the judge held that the prosecution, led by Mr Festus Keyamo, had established a prima facie case against the defendant, necessitating him to open his defence.

    Ohakim, through his counsel, Awa Kalu, told the court that he had no case to answer and as such, the court should strike out all the charges brought against him.

    NAN recalls that Ohakim was arraigned on July 8, last year, by the Economic and Financial Crimes Commission (EFCC) on a three-count charge of money laundering.

    EFCC alleged that Ohakim purchased a house in Abuja with a cash payment of the dollar equivalent of N270 million in November 2008.

    He allegedly committed the crime while he was governor of Imo State.

    He was admitted to bail on July 9, last year.

     

  • Court to hear Saraki’s, Dasuki’s appeals in Oct

    Court to hear Saraki’s, Dasuki’s appeals in Oct

    The Court of Appeal, Abuja Division, has rescheduled hearing to October in the appeals by Senate President, Bukola Saraki and former National Security Adviser (NSA), Mohammed Sambo Dasuki.

    The court announced its decision yesterday after the appeals were mentioned.

    When the appeal by Saraki was called, Kanu Agabi (SAN), his lawyer, told the court he was not ready. He suggested that hearing be shifted till after the court’s vacation later in the year.

    Respondent’s lawyer Rotimi Jacobs (SAN) expressed discomfort at Agabi’s request.

    He said yesterday was the third time Saraki’s lawyer would ask for adjournment, wondering why Saraki’s lawyer was reluctant to argue the appeal he filed earlier this year.

    Jacobs, however, agreed to an adjournment when the five-man panel, led by Justice Abdu Aboki, said it would hear the appeal after the court’s vacation.

    Upon an agreement between Agabi and Jacobs, the court adjourned to October 6.

    Saraki is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him on the false asset declaration charge filed against him by the Office of the Attorney General of the Federation (AGF).

    He is challenging the CCT jurisdiction on many grounds, saying, among others, that he was not invited to deny allegation of false declaration or clarify the discrepancies in the asset declaration form before he was charged before the CCT.

    Saraki also contended that the AGF cannot prosecute before the CCT, but only the Code of Conduct Bureau (CCB) can validly file charges and prosecute before the CCT.

    The court rescheduled Dasuki’s appeal for hearing after the court’s vacation yesterday after his lawyer, Adedayo Adedeji was allowed to regularise his brief of argument. It struck out the respondent’s brief filed by the AGF on the grounds that it was wrongly filed and directed it to re-file during the court’s vacation.

    The appeal is one of such appeals filed by Dasuki against the ruling of the Federal High Court and the High Court of the FCT, dismissing his complaint that his detention was a violation of the courts’ earlier ruling granting him bail.

    On June 15, this year, the Court of Appeal dismissed one of the appeals and held that his continued detention was not in violation of any subsisting order of a court.

     

  • Court dismisses NSCDC’s appeal on sack of 181 staff

    Court dismisses NSCDC’s appeal on sack of 181 staff

    The Court of Appeal, Abuja Division, has dismissed an appeal by the Nigeria Security and Civil Defence Corps (NSCDC) against the judgment by the National Industrial Court (NIC) reinstating 181 of its (NSCDC’s) workers wrongly dismissed.

    The National Industrial Court (NIC), in a judgment on March 19, 2015, ordered the NSCDC to reinstate the sacked workers, led by Oboni Musa, with their full emoluments from the time they were illegally dismissed.

    Justice Oluseun Adefolake of the NIC directed the NSCDC to return the employment letters to the 180 workers and ordered it to pay arrears of their salaries, about N1.2 billion.

    Justice Adefolake restrained the NSCDC from further tampering with the employment of the workers.

    “Having reviewed the evidence before the court and the submissions of of counsel, it is obvious that the commandant general of the NSCDC was not diligent enough in the recruitment.

    Dissatisfied, NSCDC; director, Civil Defence, Immigration and Prisons Service Board (who were respondents at the NIC) appealed the judgment, but ‘’failed to diligently prosecute it’’.

    A three-man panel of the Court of Appeal, led by Justice Moore Adumein, in a ruling, upheld the respondents’ request and dismissed the appeal “for lack of diligent prosecution.”

     

  • Court stops firm from selling fertiliser in Nigeria

    Court stops firm from selling fertiliser in Nigeria

    A Kaduna State High Court sitting in Kaduna, has ordered a fertiliser firm, Indorama Eleme Fertilisers and Chemicals Ltd Port Harcourt, to stop the sale of its fertiliser, known as Granular Urea.

    Justice M. I. Bello ordered that for Indorama to continue to sell Granular Urea in Nigeria, it must do so in accordance with the terms of a Memorandum of Understanding (MOU) entered into with Superphosphates Fertiliser and Chemicals Ltd, Kaduna.

    The judge made the interim order, dated July 14, pursuant to a motion ex parte brought by Superphosphates in Suit No. KDH/KAD/611/2016 seeking to compel Indorama to comply with an MOU entered by both parties.

    The motion, which was moved by plaintiff’s counsel, P. Y. Garuba, was supported by a 14-paragraph affidavit, dated July 13.

    Justice Bello held: “Application is hereby granted as prayed. An interim order of this court is hereby made, restraining the defendants/respondents, its agents, privies, or acting through anyone whomsoever from further sales, distribution, advertising/marketing and/or carrying out the sales of its fertiliser product, known as GRANULAR UREA or any similar product.”

    The judge added that for any sale of the product to occur, it must be in accordance with the terms stipulated in the “Executed Memorandum of Understanding of 25/04/2016 between the plaintiff/applicant and the defendants/respondents.”

    The case was adjourned till October 19, for hearing.

  • Court dismisses drug vendors’ case against PCN

    The Federal High Court, Akure, has dismissed the suit  by the Nigeria Association of Patent and Proprietary Medicine Dealers (NAPPMED) against the Pharmacists Council of Nigeria (PCN), saying it lacks merit.

    Delivering judgment in Akure, the Ondo State capital in the suit no: FHC/AK/CS/01/2004, which sought to stop the PCN from regulating members of NAPPMED, Justice F. A. Olubanjo refused to grant the NAPPMED’s prayers.

    Justice Olubanjo said: “I find no merit in this amended originating summons and the reliefs sought therein are refused. The amended originating summons filed on 11/03/15 is dismissed.”

    Relying on an earlier ruling of 1996 by Justice Ibrahim Auta in suit no: FHC/L/CS/28/95, the plaintiffs sought perpetual injunction that, restraining the defendants from further issuing or reverting the authority to issue the PPMVL in the absence of an amendment to the enabling laws, an injunction that, if not given, the plaintiffs said, would affect the rights of the patent and proprietary medicine vendors as well as their source of livelihood.

    The court observed that the Pharmacy Act on which  suit no: FHC/L/CS/28/95 was predicated had been repealed since 1992 by the PCN Act and as such the decision of the Lagos Division of the Federal High Court on it had been overtaken by events.

    The court further held that the PCN Act 1992 empowers the second Defendant (PCN) to regulate the affairs and functions of pharmacy  and matters related to the pharmacists, profession.

    “The Federal Minister of Health has the power to make regulations under section 53 of the Pharmacy Act, and has appointed the PCN as the Licensing Authority to issue Patent and Proprietary Medicine Vendors Licence in Nigeria, vide a letter dated April 14, 2003.’’

    Justice Olubanjo affirmed that by section 36 of the Poisons and Pharmacy Act Cap 535 Laws of the Federation of Nigeria 1990, the Minister of Health has the power to prescribe the second Defendant (PCN) as the licensing authority for the issuance of PPMVL.

    “Thus the 2nd Defendant (PCN) is competent to issue and publish guidelines for obtaining the Patent and Proprietary Medicine Vendors License”, the judge ruled.

    The plaintiffs, NAPPMED and Otunba F. E. Olatunji, sued the Minister of Health, PCN and the Attorney-General of the Federation (AGF), seeking to stop the PCN from publishing any guideline, rule or condition on the procedure for obtaining the Patent and Proprietary Medicine Vendors License (PPMVL) as contained in the publication of The Punch of December 31, 2003.

    The judge observed that the plaintiffs have only succeeded in wasting the court’s time, hoping that they would desist from filing multiple actions on the matter.

    With its ruling, the judge laid to rest the issue of who regulates patent and proprietary medicine vendors which the NAPPMED   contested at the Federal High Courts in Kaduna, Ibadan, Benin and Asaba against the PCN.

  • ‘Enforce court order on electricity tariff’

    The President of the Nigeria Labour Congress (NLC), Comrade Ayuba Wabba, has urged the Federal Government to enforce last Wednesday’s Federal High Court order annulling the Nigerian Electricity Regulatory Commission’s (NERC’s) 45 per cent increase in tariff.

    Speaking in Lagos at the weekend, Wabba advised NERC to obey the court order.

    He said: “We urge the regulatory body to comply with this judgment. The Presidency must prevail on the regulatory body.

    “If indeed this is a democratic government that respects the rule of law, the illegal tariff hike must be reversed, as we will not hesitate to bring contempt proceedings against whosoever is to comply or ensure compliance,” he said.

  • Court restrains Auchi Poly from dismissing employee

    The National Industrial Court has restrained Auchi Polytechnic from suspending or terminating the services of Igbinosun Ese for alleged offence contained in a query from the institution.

    The court also restrained the Institution from interfering with the employment or duties of Ese, pending the determination of the motion on notice.

    The judge, Justice Peter Lifu, gave the order yesterday after hearing the ex-parte motion by V.O. Edegbenin, counsel to the claimant.

    Lifu said that he gave the order since injunction is an equitable remedy because he who come to equity must do so timeously.

    .Lifu adjourned the two cases to July 15 for the hearing of the motion on notice.

  • Court dismisses drug vendors’ case against Pcn

    The Federal High Court, Akure, has dismissed the suit  by the Nigeria Association of Patent and Proprietary Medicine Dealers (NAPPMED) against the Pharmacists Council of Nigeria (PCN), saying it lacks merit.

    Delivering judgment in Akure, the Ondo State capital in the suit no: FHC/AK/CS/01/2004, which sought to stop the PCN from regulating members of NAPPMED, Justice F. A. Olubanjo refused to grant the NAPPMED’s prayers.

    Justice Olubanjo said: “I find no merit in this amended originating summons and the reliefs sought therein are refused. The amended originating summons filed on 11/03/15 is dismissed.”

    Relying on an earlier ruling of 1996 by Justice Ibrahim Auta in suit no: FHC/L/CS/28/95, the plaintiffs sought perpetual injunction that, restraining the defendants from further issuing or reverting the authority to issue the PPMVL in the absence of an amendment to the enabling laws, an injunction that, if not given, the plaintiffs said, would affect the rights of the patent and proprietary medicine vendors as well as their source of livelihood.

    The court observed that the Pharmacy Act on which  suit no: FHC/L/CS/28/95 was predicated had been repealed since 1992 by the PCN Act and as such the decision of the Lagos Division of the Federal High Court on it had been overtaken by events.

    The court further held that the PCN Act 1992 empowers the second Defendant (PCN) to regulate the affairs and functions of pharmacy  and matters related to the pharmacists, profession.

    “The Federal Minister of Health has the power to make regulations under section 53 of the Pharmacy Act, and has appointed the PCN as the Licensing Authority to issue Patent and Proprietary Medicine Vendors Licence in Nigeria, vide a letter dated April 14, 2003.’’

    Justice Olubanjo affirmed that by section 36 of the Poisons and Pharmacy Act Cap 535 Laws of the Federation of Nigeria 1990, the Minister of Health has the power to prescribe the second Defendant (PCN) as the licensing authority for the issuance of PPMVL.

    “Thus the 2nd Defendant (PCN) is competent to issue and publish guidelines for obtaining the Patent and Proprietary Medicine Vendors License”, the judge ruled.

    The plaintiffs, NAPPMED and Otunba F. E. Olatunji, sued the Minister of Health, PCN and the Attorney-General of the Federation (AGF), seeking to stop the PCN from publishing any guideline, rule or condition on the procedure for obtaining the Patent and Proprietary Medicine Vendors License (PPMVL) as contained in the publication of The Punch of December 31, 2003.

    The judge observed that the plaintiffs have only succeeded in wasting the court’s time, hoping that they would desist from filing multiple actions on the matter.

    With its ruling, the judge laid to rest the issue of who regulates patent and proprietary medicine vendors which the NAPPMED   contested at the Federal High Courts in Kaduna, Ibadan, Benin and Asaba against the PCN.

  • Illegal detention: Court orders DSS, minister to pay Saraki’s aide N20m

    Illegal detention: Court orders DSS, minister to pay Saraki’s aide N20m

    An Abuja Federal High Court has ordered the Department of State Services ( DSS) and Minister of Youth and Sports, Mr. Solomon Dalung, to pay the sum of N20 million to the Special Assistant to the Senate President on youth matters, Mr. Ikenga Imo Ugochinyere, as penalty for his illegal arrest and detention.

    The court presided over by Justice J. T. Tsoho also ordered the DSS and the minister to tender unreserved apology to Ugochinyere in two national dailies for what he described unconstitutional detention.

    The ruling was in pursuant of sections 34, 35(1) 36, 40 of the 1999 Constitution.

    Ugochinyere who is also President of the National Youth Council of Nigeria (NYCN) had in a suit, FHC (ABJ) (CS) 342/2016 prayed the court to declare his arrest and detention by DSS for about a month was a violation of his fundamental human right.

    The Court also barred DSS or similar agencies from re-arresting or detaining the youth leader.

    The Tsoho declared the arrest and detention of the applicant as “unlawful, unconstitutional, oppressive, malicious and a gross violation” of Ugochinyere’s freedom of movement.

    The Judge ordered Dalung and DSS to tender public apology to Ugochinyere in two national dailies.

    The legal team of Ugochinyere however claimed that they were informed that DSS has perfected plans to re-arrest Ugochinyere and charge him with a trumped up charges.

    The team urged the DSS to obey the rule of law by abiding by the judgment of a competent court of law rather than being used as instruments to settle political goals.

    The judgment was delivered on Thursday, July 7th, 2016.

  • Court lifts ban on NICON’s, Global Fleet’s accounts

    Court lifts ban on NICON’s, Global Fleet’s accounts

    Justice Abdulazeez Anka of the Federal High Court, Lagos Division, yesterday discharged an order granted to Asset Management Corporation of Nigeria (AMCON) to take over some assets of Mr. Jimoh Ibrahim, over  alleged N50 billion debt.

    Justice Anka set aside the interim ex parte order following an application by AMCON’s lawyer, Yusuf Ali (SAN) that parties have decided to explore alternative  settlement of the dispute.

    A sister court presided over by Justice Saliu Saidu had on June 14, granted AMCON an interim injunction against NICON Investment Limited, Global Fleet Oil & Gas Limited and Mr. Jimoh Ibrahim.

    But, NICON Insurance Limited, Nigeria Re-Insurance Hotels Limited, Abuja International Hotels Limited and NICON Hotels Limited, had in a Motion on Notice, filed by their lawyers led by Chief Niyi Akintola (SAN) and Chief Bolaji Ayorinde (SAN), prayed the court to set aside and discharge the ex parte order on the grounds that AMCON deliberately failed to make full disclosure of all material facts before the court.

    At the resumed hearing of the applications to discharge the order yesterday, Ali told the court that since the provision of the Federal High Court rules encourages amicable settlement of disputes, parties have decided to meet and report back to court within two weeks.

    “In the spirit of good faith to show that we are doing this to promote equity and justice, we agree that the ex parte order should be suspended so that parties can explore the issue of settlement. We have an agreement that each of the parties will nominate one chartered accountant each that will carry out forensic audit of the account. Since Union Bank is the principal bank that gave out the loan, the accountants will meet at Union Bank’s headquarters and they are to report back within two weeks,’’ Ali said.

    Confirming the agreement, Akintola, Ayorinde and Ibrahim, who led a team of lawyers, urged the court to set aside the ex parte order so as to give parties unfettered access to meet and report back to the court.

    Addressing the court, Akintola submitted that parties have agreed to explore amicable settlement of the dispute adding that the applicants have appointed the firm of Adewale Folowosele & Associates to meet with the people that will be nominated by AMCON and Union Bank.

    “We have appointed Adewale Folowosele & Associate and await that of AMCON and Union Bank respectively. Consequently, I apply that the ex parte order of June 214, 2016 should be discharged and parties will return to court within two weeks,’’ Akintola said.

    However, Ali told the court that the names of accountants nominated AMCON and Union Bank will be forwarded to the applicants as soon as they are ready.

    In a bench ruling, Justice Anka discharged the order and adjourned the matter till August 1, 2016.

    Earlier, Akintola and Ayorinde in their applications had told the court that the properties attached by the interim order belong to the applicants who were not parties to the suit filed by AMCON, thereby making it illegal, unlawful and contrary to the provisions of Section 28 of the NICON Insurance Corporation of Nigeria Act, Cap N54 Laws of the Federation of Nigeria, 2004.