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Tag: Court

  • Court sets aside order against Jimoh Ibrahim on alleged N50b debt

    Court sets aside order against Jimoh Ibrahim on alleged N50b debt

    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 business mogul, Jimoh Ibrahim, over an 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 a 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 Chief 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 those 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’’.

    However, Ali told the court that the names of accountants nominated my 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.

    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.

    Ayorinde submitted that the applicants were neither borrowers nor beneficiaries, nor were they guarantors to the debt owed to the plaintiff (AMCON).

    He further argued that that AMCON ‘failed woefully’ to comply with the condition precedent by serving a pre-action notice on the applicants, neither did the plaintiff seek the leave of court before joining the applicants to the main suit in their writ of summon purportedly filed on June 27.

    ‘’We submit that a court is only competent when a case comes before it by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect on the competence of the court is fatal to the proceedings before the court and renders it a nullity’’.

    “We also submit that the only condition under which the honourable court can entertain the application of a person who is not a party to the suit is when the party has first sought for and obtained the leave of the court before bringing the action’’, Ayorinde argued.

    The applicants had in a 24-pragraph affidavit in support of the motion on notice deposed to by one Gbenga Onilude, a litigation officer in the law firm of B. Ayorinde & Co stated that none of the properties attached in the ex parte order belong to any of the defendants; NICON Investment Limited, Global Fleet Oil and Gas Limited and Jimoh Ibrahim.

    According to the deponent, the ex parte order was obtained via suppression and misrepresentation of material facts by the plaintiff (AMCON) and it was obtained in bad faith against persons who are not parties to the suit.

     

  • Inter-varsity moot court holds at LASU

    The maiden Gbenga Ojo Inter-Universities Moot, Client Counselling and Mock Competition begins today at the Lagos State University (LASU) in Ojo.

    The preliminary round will hold simultaneously at the Faculty of Law Moot-Court, Faculty of Law Lecture Room 1 and Faculty of Law Lecture Room 3. It will be rounded off with a picnic from 3pm to 6pm.

    The semi finals of Client Counselling will hold at the Faculty of Law Lecture Room 1 tomorrow. It will be capped with a visit to Oniba-Ekun of Iba land Oba Yashua Goriola Oseni.

    The three day event will climax with presentation of awards and certificates at MBA Hall.

    LASU Vice-Chancellor, Prof. Olanrewaju Fagbohun is the chief host; Dean Faculty of Law Prof. Mike Ikhariale is the host. LASU law students are holding the competition in honour of their lecturer, Mr Gbenga Ojo.

    The said the competition is their own way of paying him back for all he has been doing for them.

  • Court grants Bayelsa family request to remove Globacom’s mast

    •Damages awarded against communication firm

    The High Court of Bayelsa State, sitting in Sagbama, has granted the prayers of the Agbereowei family of Bolou-Orua community in Sagbama to repossess their land and dismantle Globacom’s mast, accessories and fence on their property.

    The family, in a suit filed by Miss Justina Agbereowei and Mr. Wednesday Agbereowei (claimants), sued Globacom (defendant) for failing to pay 10-year rents on the land housing its base station.

    The claimants prayed the court, presided over by Justice E. G. Omukoro, to declare that they were entitled to the right of occupancy in and over the parcel of land, measuring approximately 40 feet by 40.5 feet, where the defendant’s base station was located.

    They also prayed the court to declare that the possession of the piece of land, where the Glo base station with code number BLO 001, was built, is their property.

    The claimants asked the court to compel the defendant to remove its communication mast, accessories and fence from the parcel of land.

    They requested for N100 milion as special and general damages they suffered because of the defendant’s failure to pay for the rent for the leased piece of land.

    The claimants urged the court to invoke an order of injunction restraining the defendant from remaining on or in any way interfering with their right of ownership and occupation of the aforesaid parcel of land.

    A copy of the judgment, which was delivered on March 23, showed that Justice Omukoro ruled that he had no difficulty in reaching the conclusion that the declaration sought to the right of occupancy in and over the piece or parcel of land in issue was merited and hereby granted.

    He ordered the defendant (Globacom) to pay N32.5 million, representing N24 million unpaid rents at N3 million per annum from 2008 to 2016 and N8.5 million as damages for distress and hardship caused the claimants.

    Justice Omukoro said: “With respect to the reliefs for possession of the land and removal of the communication mast, accessories and fence thereon in the reliefs, the said structures were put up on the claimants’ land with the understanding and agreement that rents would be paid therefore for an initial period of 10 years at the rate of N3 million per annum.

    “That the representation by the defendant has clearly not been kept except in the breach. In the circumstances, the continued occupation of the claimants land by the defendant has become unjustifiable. It is for this reason I grant the prayers of the claimants for possession and removal of all structures on the land.

    “On relief for special and general damages, the sum of N18 million claimed as arrears of rents at the rate of N3 million per annum for six years from 2008 to 2014 in line with the parole understanding reached with Mr. Apollo as agent of the defendant is granted.”

    The judge also granted N6 million, at the rate of N3 million per annum, for the two years (2015 and 2016) for which rents had further accrued.

    He granted additional general damages of N8 million for the distress, hardship and pain the defendant caused the claimants by holding on to their land and using same for commercial purposes and profits whilst refusing to meet their corresponding obligations to the claimants.

    Justice Omukoro added: “I also make an order of injunction restraining the defendant from any form of interference with the claimants’ rights of ownership and occupation of the aforesaid piece of land.

    “Cost of N500,000 only is awarded against the defendant in favour of the claimants.”

  • Supreme Court okays jail term for soldier

    •To spend four years in prison for defiling minor

    The Supreme Court has upheld the four-year jail sentence handed to a soldier, Corporal Isah Ahmed, for defiling an 11-year-old girl.

    The court, in a unanimous judgment by a five-man panel, held that the General Court Martial and the Court of Appeal, Abuja Division (to which Ahmed had appealed) were right in convicting and sentencing Ahmed to four years imprisonment.

    The appeal, marked: SC/223/2013, was filed by Ahmed of Nigerian Army, Headquarters Garrison.

    Ahmed was, in 2005, arraigned before the General Court Martial on a one-count charge of defilement contrary to Section 78 of the Armed Forces Act CAP A 20 Laws of the Federation of Nigeria 2004.

    He was said to have defiled the 11-year old (name withheld) between January 4 and March 5, 2005.

    Ahmed, who was said to be a neighbour and family friend of the victim,  was said to have lured the girl into his apartment, in his wife’s absence, by asking the girl to buy soft drink for him.

    The military court sat at the Officers’ Mess, Mogadishu Contonment, Abuja. The Court Martial, in its judgment on August 29, 2005, found Ahmed guilty of the charge and sentenced him to four years imprisonment.

    He appealed to the Court of Appeal, Abuja Division, which also, in its judgment on March 18, 2010 upheld the decision of the Court Martial, a decision Ahmed appealed to the Supreme Court.

    In its judgment on July 1, the Supreme Court agreed with the Court Martial and Court of Appeal that the prosecution proved its case of defilement against the appellant (Ahmed).

    Justice Kudirat Kekekere-Ekun, who wrote the lead judgment, said “I am of the view that the lower court (Court of Appeal) was right when it affirmed the decision of the General Court Martial that the prosecution had proved its case against the appellant beyond reasonable doubt.

    “Furthermore, so long as a person has carnal knowledge of a girl of  or under the age of 16, whether it is with her consent or not, an offence is committed.

    “No special grounds have been shown by the appellant to warrant interference by this court with the concurrent findings of fact by two lower courts.

    “I, therefore, hold that the appeal lacks merit. It is accordingly dismissed. The judgment of the Court of Appeal, Abuja Division, on March 18, 2010, affirming the conviction and sentence of the appellant to a term of four years’ imprisonment by the General Court Martial is hereby affirmed,” Justice Kekere-Ekun said.

    Other members of the panel; Justices Olabode Rhodes-Vivour, Nwali Sylvester Ngwuta, Musa Dattijo Muhammad and Amiru Sanusi agreed with the lead judgment.

  • Court to hear suit Sept 29

    Court to hear suit Sept 29

    A Federal High Court in Lagos yesterday fixed September 29 to hear an application to re-list a suit by a journalist, Otunba Olomofe, against the Nigerian Customs Service for alleged assault and rights infringement.

    The Lagos Branch of the Nigeria Union of Journalists (NUJ) filed the suit on behalf of the Badagry-based journalist, seeking enforcement of his fundamental rights to life, freedom of expression and the press.

    Joined in the suit as respondents are the Comptroller-General of Customs, Muhammed Ndalati, Emmanuel Nkemdirim, and Ibrahim Turaki.

    The suit was filed following alleged severe assault and beating the journalist allegedly received in the hands of customs officers and some hoodlums allegedly hired by them.

    The News Agency of Nigeria (NAN) reports that the suit which was filed early January, had been fixed for mention on February 22 and March 17, but was eventually slated for hearing on June 16.

    On June 16, after the case was called, counsel to respondents had informed the court that the applicant was absent, and called for the dismissal of the suit.

    Consequently, Justice Abdulazeez Anka struck out the suit.

    Counsel to the applicant, Mr Giti Ogunye, had re-filed the suit on June 17 and served the court processes including his application to re-list the suit on the respondents.

    The court then fixed July 4 for mention of the case.

    Applicant’s counsel (Ogunye) informed the court on Monday that he had duly served the court’s processes on all respondents, adding that he was ready to proceed with his application.

    Counsel to the first, second, third, fourth and fifth respondents, Mr G.U. Badejogbin and counsel to the sixth, seven and eight respondents, Mr I.C. Ifediora, confirmed service of the court processes.

    While Badejogbin said he was prepared to go on with the hearing in spite of being served with the processes late, Ifediora insisted that the suit was not ripe for hearing.

    According to Ifediora, the applicant’s suit was filed on June 17, a day after it was struck out, and the applicant had to wait till June 29 before effecting service of the processes on him.

    He, therefore, submitted that the case was not yet ripe for hearing adding that he would ask for cost.

    In a short ruling, Justice Anka adjourned the case to Sept. 29 for hearing of the applicant’s motion to re-list the suit.

    He, however, refused to make any order as to cost.

    NAN also reports that the applicant is claiming N500 million as damages against the customs service for assault at Seme Border Post near Badagry on June 25, 2015.

    Olomofe is also asking the court to declare that the respondents by beating and causing him internal injuries, infringed on his right to life as guaranteed by Section 33 (1) of the 1999 Constitution.

    He also asked the court to declare that the assault done to him in the course of discharging his professional duties and obligations constituted an infringement on his rights to freedom of expression and the press.

     

  • Court remands computer instructor in prison for alleged rape

    Court remands computer instructor in prison for alleged rape

    An Ikeja Magistrates Court yesterday ordered that a computer instructor, Cosmos Ugbaja, be remanded in Kirikiri Prison until he meets his bail.

    Magistrate Bola Osunsanmi made the order after Ugbaja pleaded not guilty to a one-count charge of rape.

    Ugbaja is accused of raping a 14-year-old girýl, a Junior Secondary School Three (JSS 3) pupil in Ikorodu.

    According to prosecuting police Inspector Samuel Imohsonwa, the suspect serially raped his victim between January and May.

    The one-count charge against him reads: “That you Cosmos Ugbaja, 43, between January and May, 2016 at 13, Banjo Oyesanya Street, Olainukan, Ishawo, Ikorodu did unlawfully had sexual intercourse with one (names withheld) aged 14 years and thereby committed an offence punishable under Section 137 of the Criminal Laws of Lagos State 2011”.

    Magistrate Osunsanmi granted Ugbaja N500,000 bail with two sureties in the like sum.

    The sureties must have means of livelihood, evidenceý of tax payment in the last three years and property in Lagos, all of which the magistrate said must be verified.

    She adjourned till August 1.

    Police sources said Ugbaja, who owns a computer centre in Ishawo was engaged by his victim’s school to train pupils in computer studies.

    It was learnt that he allegedly raped the victim when she came to make photocopies in his centre in January. He allegedly gave her N50 after the incident.

    The girl was allegedly raped again on June 1 following which she developed stomach pains and was taken to hospital where it was discovered that she had been abused severally.

    The victim’s mother reported the matter to the police.

    The suspect, it was said, confessed and offered to settle his victim’s medical bill of about N100,000 in instalment within 100 days.

    Domestic and Sexual Violence Response Team (DSVRT) coordinator Mrs Lola Vivour-Adeniyi, who confirmed the report, advised young girls to always shout whenever they were being raped.

    She also advised victims to seek medical treatment at Mirabel Centre at the Lagos State University Teaching Hospital (LASUTHý) immediately after such incidents.

    The treatment, she said, is free.

     

  • Court removes Ekiti lawmaker over ‘fraudulent judgment’

    Court removes Ekiti lawmaker over ‘fraudulent judgment’

    •Judge: Sacked legislator must refund salaries, allowances •INEC ordered to issue certificate of return to plaintiff

    The judicial hammer fell yesterday on a member of Ekiti State House of Assembly, Musa Arogundade, as a Federal High Court sitting in Ado-Ekiti nullified his election.

    It ordered that he be replaced by his challenger, Toyin Obayemi, as the lawmaker representing Ado Constituency 1.

    The court, in the judgment delivered by Justice Taiwo Taiwo, withdrew Arogundade’s Certificate of Return and ordered the Independent National Electoral Commission (INEC) to issue Obayemi a fresh Certificate of Return.

    The Speaker of the Assembly, Kola Oluwawole, was also ordered to immediately swear in Obayemi as the lawmaker representing Ado Constituency 1.

    The judge also ordered Arogundade to refund all salaries, allowances and constituency allowances collected by him since he was inaugurated as an Assembly member on June 8, 2015.

    Defendants in the suit are INEC (1st), Odunayo Talabi (2nd), Peoples Democratic Party (PDP) (3rd) and Arogundade.

    Obayemi, who came second at the primary held on November 29, 2014, claimed in his originating summons that a judgment was “fraudulently procured” at a Federal High Court in Abuja, which substituted the name of the winner of the shadow poll, Talabi with that of Arogundade.

    The court agreed with the plaintiff that Arogundade, who served as an agent to Talabi at the primary, cannot stand as a candidate for the April 11, 2015 House of Assembly election organised by INEC.

    The court, which resolved all the 10 issues for determination in favour of Obayemi, agreed with the plaintiff that the Ekiti PDP, its chieftains and some lawyers connived together to deceive the court to obtain the judgment in the suit delivered by the late Justice Evoh Chukwu on September 21, 2014.

    The court agreed with the plaintiff that Talabi did not deny the allegation that he presented a fake West African Examinations Council (WAEC) result and fake Ordinary National Diploma (OND) certificate of Yaba College of Technology for the purpose of seeking election as House of Assembly member.

    Justice Taiwo had harsh words for the PDP, which it lambasted for arbitrariness and infringement on the provisions of Sections 31 and 36 of the Electoral Act 2010 (as amended) and reduced such a serious matter bordering on the rights of an aspirant to a mere party affair.

    He held that Arogundade having wrongly been used as a substitute lacks the locus standi to obtain an order compelling INEC to use him as a replacement and the court set aside the order on this premise.

    Justice Taiwo ruled: “Since the 4th defendant (Arogundade) was not an aspirant in the primary election, he lacks the locus standi to file the case at the Federal High Court, Abuja. I hereby set aside the said judgment having been procured by fraud.”

    According to him, evidence before the court showed that Arogundade’s name was not on Form CF001, an INEC document displaying the names of the candidate as the document bore Talabi’s name

    Justice Taiwo also condemned INEC for “playing the ostrich and bury its head in the sand while all these were going on”.

    The judge held: “I register my displeasure with the attitude of the 1st defendant (INEC) who filed no paper although they are not obliged.

    “I am of the view that as a public agency, the attitude of INEC is more worrisome and not helpful to our nascent democracy. It should not bury its head in sound.”

    Justice Taiwo ruled: “I will be shirking in my responsibility if I fail to express disappointment with the attitude of the 2nd respondent (PDP). Its action was very worrisome and issue like this goes beyond the internal affairs of a political party, because it can bring about arbitrariness and imposition of candidate.

    “The party has no reason to have substituted the 2nd respondent (Talabi) with the 4th respondent (Arogundade) because he did not participate in the primaries. And it is trite law that any allegation not denied is deemed admitted going by the verdict of the Supreme Court.

    “The 2nd respondent did not deny the allegation that he presented a fake WAEC and Ordinary National Diploma Results got from Yaba College of Technology, Lagos. Having not denied these, it means the averments were true and the plaintiff ought to have been presented as replacement, having come second in the primaries”.

    Citing the Supreme Court’s judgment in Amaechi Vs INEC and Alhassan Vs Ishyaku, the judge said: “It is my humble opinion that the PDP wrongly submitted the name of the 4th respondent as candidate. INEC has no reason to have issued the certificate of return to him. He was a product of illegality.

    “Since INEC due to inexplicable circumstance disqualified the 2nd respondent, then the plaintiff became the sole candidate of the PDP. I order the INEC to withdraw the certificate of return from the 4th respondent and issues same to him.

    “While the speaker of the State House of Assembly is directed to swear him in as the lawmaker representing Ado Constituency 1”.

    Speaking with reporters after the judgment, Obayemi said the judgment has sent a signal that the era of impunity has ended.

    He added that he had never seen a situation in which an agent at a primary suddenly became a candidate.

    Describing the “fraudulent substitution” as very dangerous to democracy, Obayemi said the victory would give him an opportunity to give a better representation to Ado Constituency 1.

    He explained that he still remained a PDP member and would head for INEC to receive his Certificate of Return, which would be presented to the Speaker for swearing-in.

     

     

  • Court restrains R.T. Briscoe from access to funds over N2.5b debt

    Court restrains R.T. Briscoe from access to funds over N2.5b debt

    •Firm: we’re not indebted to bank

    The Federal High Court in Lagos has restrained an automobile and generator company, R.T. Briscoe Nigeria Plc, from withdrawing its funds in any bank over an alleged N2.5 billion debt owed Diamond Bank Plc.

    Justice Ibrahim Buba granted an order of interim injunction restraining the company, its directors or management from “operating, withdrawing from or otherwise tampering with the respondent’s funds in any bank of financial institution within Nigeria.”

    The order, the judge said, will subsist until the bank’s application for the appointment of a provisional liquidator for the company is heard and determined.

    Justice Buba also made a consequential order compelling the affected banks where R. T. Briscoe has accounts to furnish Diamond Bank or its firm of solicitors with details of credit outstanding in the company’s accounts within seven days.

    The judge further barred R.T Briscoe from alienation, dissipating or transferring its fixed and moveable assets, properties, machinery and tools of trade until the bank’s application for appointment of a liquidator is determined.

    Diamond Bank, in its winding-up petition, said R.T Briscoe is its long-standing customer since May 2012.

    It said it availed the bank global facilities which include an overdraft , letter of credit and term loan, which were all availed in tranches.

    The facilities, the bank said, were for the purchase of Toyota brands of vehicles and spare parts, importation of Atco brand of generators and compressors, purchase of a piece of land in GRA, augmentation of its working capital, among others.

    The bank said following a Central Bank of Nigeria (CBN) directive on non-performing loans, it made a demand for the recovery of total overdue loan obligations of N712,488,921.67 and a total outstanding indebtedness of N2,529,687,108.86 as at last June 3.

    Diamond Bank said it agreed to restructure the credit facilities by revising the repayment schedule, yet the company “willfully failed and/or neglected to liquidate the indebtedness in accordance with the strict adherence to the revised schedule.”

    “The respondent is still heavily indebted to the petitioner in the sum of N2,478,284,729.88 as at May 2016,” the bank told the court through its lawyer Kunle Ogunba (SAN) of Insolvency Forte.

    The bank said R.T Briscoe is “insolvent and unable to pay its just and legitimate debts”, and should, therefore, be wound up by the court in line with sections 409 (1) and 410 (1) (b) of the Companies and Allied Matters Act of 2004.

    But, R.T Briscoe has urged the court to discharge or set aside the interim order of injunction because the bank allegedly suppressed and misrepresented material facts to the court.

    The company said the Companies Winding Up Rules require the petitioner to make the application for injunction on notice rather than ex-parte.

    “There are third party interests being adversely affected by the interim order of injunction granted against the respondent,” R.T Briscoe said.

    Justice Buba adjourned until July 8 for hearing.

     

  • Court jails six for fake Customs paper

    A Lagos Federal High Court has sentenced six persons to 60 years imprisonment for conspiracy, forgery and counterfeiting of customs documents and seal.

    They are Abiodun Ojo, Uche Nwamaka Mike, Charles Ali, Abutu Emmanuel, Sunday Nwaeze and Ngozi Ibeh.

    Justice Musa Kurya, in a judgement delivered last Friday,  found them guilty of the five-count charge preferred against them by the Nigerian Customs Service.

    Each of the convicts was sentenced to two years on each of the five counts, making a total of 10 years. They will, however, spend two years each in prison as the sentence is to run concurrently.

    The convicts during arraignment on September 11, 2013 were alleged to have counterfeited Nigeria Customs Service Allocation paper ref. NCS/ADM/MGT/012/S.1/C VOL IV dated June 4, 2013 with serial number 0002095 for 1x20ft container no GESU 2339750.

    They were also found to be in possession of counterfeited official seal of the Comptroller-General of Customs, counterfeited the seal of the officer in charge of valuation, Nigeria Customs Service, Idiroko, Ogun State Command and the official seal of valuation seat, Apapa port in Apapa Command, contrary to the provisions of section 162 (a) and (d) of Nigeria Customs and Excise Management Act Cap C45 Laws of the Federal Republic of Nigeria 2004.

  • Alleged N38b theft: Apex court okays ex-bank chiefs for trial

    Alleged N38b theft: Apex court okays ex-bank chiefs for trial

    Former Managing Director of defunct Finbank Plc Okey Nwosu and three Executive directors of the bank – Dayo Famoroti, Agnes Ebubedike and Danjuma Ocholi –– have lost their bid to quash the charge of stealing brought against them by the Economic and Financial Crimes Commission (EFCC).

    The Supreme Court, on Friday, upheld the appeal by EFCC and set aside the decision of the Court of Appeal, Lagos division, which quashed the charge on the grounds that it was an abuse of court process.

    The apex court, in a unanimous judgment by a seven-man panel, faulted the Court of Appeal’s finding that the decision by the EFCC to charge the four bankers with stealing at the Lagos High Court, while maintaining a charge of money laundering against them on related facts at the Federal High Court, would expose them to double jeopardy.

    The court directed the bankers to submit themselves for trial. It remitted the case to the Lagos State chief judge for expeditious trial.

    The lead judgment on the appeal  was used to decide two other appeals on similar issues,

    Justice Musa Datijo Muhammad, in the lead judgment,  held that it was unreasonable to suggest that the prosecution of the respondents by the appellant was aimed at either irritating or annoying them or a bid by the prosecution to stall justice.

    Based on a petition by the Central Bank of Nigeria (CBN), accusing the bankers of “financial misappropriation and false misrepresentation of financial records” during their tenure in Finbank, the anti-graft agency conducted an investigation and made startling findings.

    The EFCC found, among others, that the respondents had allegedly incorporated seven pseudo companies and transferred funds from Finbank to the fake companies through two separate broker firms.

    The anti-graft agency also found out that  the bank’s funds in excess of N20 billion were transferred through Springboard Trust and Investment Limited, ostensibly as loans to the seven fake companies although the companies neither maintained any accounts with the bank nor applied for any such loans.

    The commission further discovered that over N18 billion was illegally transferred to another stockbroking company, Integrated Trust Investment Company Limited, which was utilised by the company to acquire several shares of Finbank in the names of the seven pseudo companies incorporated by the respondents.

    Following its findings, the EFCC charged them at the Federal High Court, Lagos, on money laundering charges. It subsequently initiated another charge of stealing against them at the Lagos High Court, Ikeja, having obtained a fiat from the Lagos State attorney general.

    Nwosu and others challenged the charge at the Lagos High Court on the grounds that it was an abuse of court process and would expose them to double jeopardy. The Lagos High Court dismissed their objection.

    They appealed to the Court of Appeal, Lagos division, and won, leading to the appellate court quashing the charge against them; a decision the EFCC appealed at the Supreme Court.

    On Friday, Justice Muhammad said: “The two courts, as earlier demonstrated in this judgment, enjoys, in terms of respective offences before them, mutually exclusive jurisdictions.

    “The one is limited to hearing and dealing with offences created by the National Assembly in respect of its area of competence, while the other is competent to determine only such offences that Lagos House of Assembly, in its area of competence, legislated upon and vests it with jurisdiction.

    “Besides, the offence of stealing as created by the Lagos State House of Assembly, notwithstanding the same or similar facts as constitutes other offences created by the National Assembly, retains its identity as being not only dissimilar, but distinctively different.

    “It is wrong, in the light of these characteristic, for the lower court to hold that the trial court’s jurisdiction has abated on the grounds that the proceedings before it against the defendants constitutes abuse of the process of that court,” it said.

    The court further held that the rule of double jeopardy, as contained in Section 36(9) of the1999 Constitution cannot avail the respondents having been unable to prove that they are being prosecuted for the same or substantially, the same offence at the Lagos High Court and the Federal High Court.

    “Accordingly, this meritorious appeal is allowed, and the perverse judgment of the lower court is set aside. The decision of the trial court in consequence, prevails,” it said.

    The court remitted the case to the Lagos State chief judge for expeditious trial of the defendants on the charge.

    Justices Walter Samuel Onnoghen, Olabode Rhodes-Vivour, Nwali Sylvester Ngwuta, Clara Bata Ogunbiyi, Chima Centus Nweze and Amiru Sanusi agreed with the lead judgment.