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Tag: Court

Court won’t defreeze Fayose’s account

•Orders EFCC to appear July 4

A Federal High Court in Ado-Ekiti yesterday declined Governor Ayo Fayose’s bid to de-freeze his account frozen by the Economic and Financial Crimes Commission (EFCC).

Justice Taiwo Taiwo ordered the EFCC and Zenith Bank, the first and second defendants, to show cause on July 4 why the order being sought by Governor Fayose should be refused.

He held that the order being sought by the plaintiff (Fayose) was a mandatory one, hence the defendants must be heard before the order is given.

Justice Taiwo said he understood that Fayose enjoyed immunity and that the court could adjudicate on the matter as canvassed by his counsel, Mike Ozekhome, but held that the relief he sought was a mandatory order of the court.

He said: “I agree that the applicant has immunity, pursuant to the provisions of the constitution. But it is glaring that the application he is requesting is a mandatory order to undo what had been done and the court can’t abdicate its duty under this circumstance.

“I am of the opinion that this mandatory order is better granted with the interlocutory order being sought through an application pending before the court, because the applicant has filed papers to this effect.

“I hereby ordered the first and second respondents to appear before this court on July 4 and show why the order should be refused.

“This is not a refusal of the order. I have not refused it; I only put it in abeyance, which I said without prejudice to what will be the position of the respondents.

“But a leave is granted for the service of the defendants with the originating summons in their addresses as contained in the order papers.”

The anti-graft agency on June 21 froze Fayose’s Zenith Bank accounts with the following numbers 1003126654 and 9013074033 for allegedly being used to launder over N1.2 billion believed to be part of the $2.1 billion arms from the office of the former National Security Adviser, Col. Sambo Dasuki (retd.)

Ozekhome had sought the mandatory order through an ex parte motion deposed to by a lawyer, Bimpe Olatemiju, to de-freeze Fayose’s accounts, pending the determination of the interlocutory application.

The motion was supported by an 18-paragraph affidavit, a lone exhibit, which was a letter issued to Governor Fayose by Zenith Bank confirming that the EFCC placed a restriction order on the accounts and a written address.

He also sought the leave of the court for the service of the originating summons on the defendants in their addresses outside the jurisdiction of the court as contained in the order papers, supported by a 17-paragraph affidavit.

Ozekhome said the order was brought pursuant to Order 26 Rule 8(1) of the Federal High Court Civil Procedure Rule 2009 and Section 44(1) of the 1999 Constitution, which gives the court the discretionary power to adjudicate on such matter.

He relied on the case of Abdulaziz Nyako Vs EFCC to buttress his argument that the EFCC lacks the power to freeze Fayose’s accounts without valid order of the court.

According to him, the EFCC action violated Section 308 of the 1999 Constitution (as amended), which conferred immunity on the government against civil and criminal procedure.

Ozekhome said: “It was appalling that the EFCC could play the ostrich to these valid constitutional requirements and take cognisance of the African Charters on Human and People’s Rights before taking the punitive stand against Fayose.”

Giving his submission, he said Fayose was persecuted for being a lone voice against perceived arbitrariness of the President Muhammadu Buhari government, noting that dissenting opinions were allowed in a democracy.

The plaintiff’s counsel told the court that the freezing of his client’s accounts unleashed hardship on his dependants.

Ozekhome told the court to take cognisance of awarding cost against EFCC if the order is granted.

June 29, 2016
Why court can’t sack me, by Abia Governor Ikpeazu

Abia State Governor Okezie Ikpeazu and his party, the Peoples Democratic Party (PDP) yesterday appealed against Monday’s judgment.

Justice Okon Abang of the Federal High Court, Abuja held, that Ikpeazu was not qualified to participate in his party’s primary election, having made false claims in his tax information which he submitted to his party, and which he party later submitted to the Independent National Electoral Commission (INEC).

The judge held that Ikpeazu’s false claim about his tax payment violated Article 14 of the PDP Electoral Guidelines 2014.

In their separate notices of appeal filed yesterday, Ikpeazu and his party faulted the judge’s reasoning and contended that it was not within the jurisdictional powers of the Federal High Court to sack a governor in view of the provision of Section 141 of the Electoral Act.

In the notice of appeal filed by his lawyer, Adegboyega Awomolo (SAN), Ikpeazu raised five grounds of appeal upon which he urged the Court of Appeal to set aside the judgment.

“The trial judge erred in law when he ordered as a consequential order that the appellant vacates his officeý as the Governor of Abia State immediately when there was no jurisdiction in the Federal High Court to remove or vacate the occupier of the office of the governor of a state or order the removal of such officer after the unsuccessful challenge of the result of the election at the Tribunal and swearing in of the appellant as the governor,” he said.

Ikpeazu argued that the only power, authority and order exercisable by the Federal High Court was to disqualify the candidate from contesting the election based on section 31(6) of the Electoral Act 2010.

Ikepazu also faulted the judge when he held that he did not pay his tax for the years 2011, 2012 and 2013 as at when due, when he was a public officer whose tax deduction was under Pay As You Earn (PAYE) scheme where tax deductions were from the source of his monthly salary by the tax authorities which issued all the tax receipts and certificates.

He said the Abia State Board of Internal Revenue Services that issued him with the tax certificates had not declared the certificates forged and that the trial court did not invite the issuing authorities to give evidence in the course of the trial.

Ikpeazu said the plaintiff in one of the suits, Samson Udechukwu Ogah, was not a an employee of the Abia Board of Internal Revenue and no employee of the board testified that the tax certificates were forged.

He accused Justice Abang of violating his right to fair hearing by embarking on judicial investigation without giving him (Ikepazu) the opportunity to address the court on the issue.

“The learned trial judge erred in law when he held that the appellant presented false information to INEC by his ingenious meticulous study and investigation of documents filed in courts ýin the recess of his chambers and thereby violated the right of the appellant to fair hearing.”

“The decision of the judge which arose from the judicial investigation without opportunity to the appellant violated the appellant’s right to fair hearing”, the governor said.

The PDP, in its notice of appeal, argued that the trial court erred in law when it held that it had jurisdiction to hear the suit which was on whether section 24 (f) of the 1999 constitution was complied with.

“The honourable trial court misdirected itself when it construed the provisions of the PDP constitution to the detriment of the appellant without giving the appellant a chance to be heard and thereby occasioned miscarriage of justice.”

In the particulars of the error, the appellant said Ukeagbara and Mba being “the 1st and 2nd respondents in the appeal did not pray the trial court to construe the provisions of the PDP constitution.

“No evidence was led that the said Uche Sampson Ogah participated in the 2015 Abia State gubernatorial elections yet the trial court declared him as winner of the said elections contrary to the express provisions of section 141 of the Electoral Act.”

June 29, 2016
Court admits video recording of Synagogue’s collapsed building

AN Ikeja High Court yesterday admitted in evidence the video footage of the collapsed six-storey guest house of the Synagogue Church of All Nations (SCOAN) at Ikotun, Lagos.

Justice Lateef Lawal-Akapo, in a ruling, admitted the Cmpact Disc (CD) of the Close Circuit Television (CCTV) of the church after it was played in court.

The church trustees, two engineers, Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited are facing a 111-count charge of criminal negligence, manslaughter and failure to obtain building permit

Before the ruling by Chief Efe Akpofure (SAN), counsel to Ogundeji, objected to the CD being admitted because it was computer generated, irrelevant and a copy of the original.

Akpofure pointed out that a witness, Mr Olutoyin Ayinde, former Lagos State Commissioner for Physical Planning and Urban Development, had testified that he could not identify the content of the CD ‘until he watches it’.

But, Justice Lawal-Akapo said the objection of the defence lacked merit, stating: “I find no merit in the objections, they are overruled, the video clip and accompanying documents are admitted in evidence”.

He said the relevance of a document determines its admissibility.

“For a document to be tendered in evidence, the guiding principle is relevance and not custody, the questions to be asked are whether the document is needed and admissible in law”, the judge ruled.

Justice Lawal-Akapo adjourned till October 10, 11 and 12.

June 29, 2016
Court rules today on collapsed Synagogue house video

Justice Lateef Lawal-Akapo of the Ikeja High Court will today rule on the admissibility of a compact disc video recording of the collapsed six-story guest house at the Synagogue Church of All Nations (SCOAN).

He reserved ruling after listening to the prosecution and defence counsel in the ongoing trial of the church trustees and four others for the incident in which 116 persons died.

The trustees, two engineers, Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited, are facing a 111-count charge of criminal negligence, manslaughter and failure to obtain building permit.

Yesterday, the Director of Public Prosecution (DPP) Mrs Idowu Alakija, sought the court’s permission to tender the CD for admission as evidence.

ýBut the witness, Mr Olutoyin Ayinde, former Lagos State Commissioner of Physical Planning and Urban Development, requested to watch the CD to ascertain its content before testifying on it.

But the defence objected to the admissibility of the CD.

Ogundeji’s counsel Chief Efe Akpofure (SAN) said: “I am objecting my Lord in the first place to the admissibility of document sought to be tendered by the prosecution because it has been labelled by the witness as being computer generated.

“Going by the evidence of the witness who said ‘until I watch the CD, I won’t be in a position to ascertain whether this is the video I am referring to in my evidence.

“This witness is not in a position to tender this evidence until he sees the content and identifies same.

“This document is labelled as a certified true copy (CTC) of planning permit, which has nothing to do with the video the witness is talking about and from his own evidence; the computer that produced the recording was not operated by him.”

Mrs Titi Akinlawon (SAN) for Fatiregun and Jandy Trust Limited argued that only the maker of a document can tender it as evidence according to Section 83 of the Evidence Act.

“This document was not certified by him and on the strength of this, I admit that the document cannot be admitted as evidence.”

The trustees’ counsel, Mr Olalekan Ojo, said the CD was a copy of the original recording given to the government SCOAN General Overseer Prophet Temitope Joshua.

The church, he said, must first authenticate the CD before the prosecution can tender it in evidence.

“Being a copy, it is my general submission that for admissibility in evidence, the prosecution has a duty to have what is being sought to be tendered by them authenticated by the church being the maker of the evidence. I submit that the document is inadmissible in law because it is a secondary evidence of the original,” Ojo said.

The DPP said the witness did not need to be the maker of the evidence being sought to be tendered.

”My Lord, the witness does not need to be the maker of the document for it to be admissible in evidence; a document is admissible irrespective of how it was obtained.

“Section 258 of the Evidence Act states clearly what can be classified as a document and this CD that has been certified I submit is a document,” she said.

Earlier, Ayinde while being led in evidence by Alakija, said he could not identify the contents of the CD until he viewed it.

“We had sent a copy of the CD to the Nigerian Civil Aviation Authority (NCAA) and the Ministry of Justice and at the time of the incident, other copies were made for personal use of some individuals, the video which went viral on the internet was also downloaded by the public.

“In my office, my Personal Assistant used a HP laptop to reproduce copies which was a normal process, the laptop was used for official work and as at the time of my leaving office, that laptop was still in good condition…”

“However, until I watch the contents of the CD about to be tendered as evidence, I won’t be in a position to ascertain whether this is the video I am referring to,” Ayinde said.

June 28, 2016
Alleged N5.5b debt: Court refuses to wind-up Honeywell

Justice Jude Dagat of the Federal High Court in Lagos yesterday struck out a winding up petition filed by Ecobank Plc against billionaire businessman Oba Otudeko’s three companies because a similar suit was already pending before another judge of the same court.

The bank claimed that the sister companies – Anchorage Leisures Limited, Honeywell Group Nig. Limited and Honeywell Four Mills Plc – were indebted to it to tune of N5.5billion.

Justice Jude Dagat held that it would be pre-emptive to entertain the winding-up petition when a similar suit was already before his brother-judge, Justice Mohammed Idris.

He held that where a similar suit with almost the same issues for determination is pending before a court of coordinate jurisdiction, the new judge must refuse to adjudicate on the reliefs to avoid contradictions.

Justice Dagat noted that a court faced with winding up application must first determine if it was brought in good faith.

According to him, Ecobank knew that Honeywell was challenging the alleged debt and had instituted a matter before Justice Idris, who had ruled that parties maintain status quo ante bellum.

Honeywell is claiming that it had made payments to the tune of N3.5 Billion as full and final settlement, but Ecobank said the debt was more than that.

Justice Dagat further held that the matter before Justice Idris came first, therefore the subsequent petition by Ecobank constitutes an abuse of court process.

He said: “The Supreme Court has made it clear that it would amount to a travesty of justice for any court to hear a matter that is already before another court of coordinate jurisdiction.”The judge ruled that if the court should proceed with Ecobank’s petition, it would create a conflict of decisions by different judges of the same court, which would not augur well.

“Therefore, the preliminary objection succeeds and the petition is hereby struck out,” he ruled.

Ecobank, through its lawyer Mr Kunle Ogunba (SAN), claimed that when the “huge obligations” of the three sister companies hit N5.5billion, Otudeko had pleaded with the bank to grant them “huge concession to enable them liquidate their chronic indebtedness.”

The bank said following further negotiation, it was agreed that Otudeko’s companies would make a “bullet payment” of N3.5bilion, but they allegedly failed to do so.

The respondents, through their lawyer Olabode Olanipekun, however said they had fully liquidated their indebtedness to the bank. He urged the court to refuse Ogunba’s prayers.

June 28, 2016
Court adjourns case against Ondo

A Federal High Court in Akure, the Ondo State capital, has adjourned a case filed by an Abuja lawyer, Adeyemi Nejo, against the Ondo State Government and the Oil Producing Area Development Commission (OSOPADEC) till September 20.

The suit is on non-compliance with the Freedom of Information Act (FOIA).

Nejo said the commission refused to grant information on the capital projects in the mandated areas, the locations of the projects, the amount earmarked for the projects and the state of execution from 2010 to 2014, if any.

The lawyer, an indigene of Ilaje Local Government, said: “The Federal Government, in order to ameliorate our pains and give succour to those of us living in the oil exploration/extraction areas, provided a fund for the development of our area called the 13 per cent oil derivation fund.

“Since the commission was established in 2003, I have not noticed any development in the area where my family compound is located. Rather, oil exploration and extraction have been on the increase with its attendant pollution and land devastation.

“The commission, which is controlled by OSOPADEC and keeps part of the funds allocated to the state under the 13 per cent oil derivation fund, has failed in carrying out its functions as spelt out in Part II Section 6(i)-(vii) of the law establishing OSOPADEC in 2003, marked ‘Exhibit A.’

“The law says the commission should receive and administer 40 per cent of the 13 per cent oil derivation fund on Ese-Odo and Ilaje councils. It gives other 16 local governments fringe benefits. OSOPADEC and Ondo State government have failed to point to where these funds were used, and whatever projects they have done with them.

“The refusal by the respondents, especially the first respondent, has occasioned breach of applicant’s right to be informed upon request and he is, therefore, entitled to damages and the order of injunction and indeed other relief sought by him.”

Recently, the case was transferred from Abuja to the Federal High Court, Akure Judicial Division.

It was billed for hearing last Friday for the submission of applications under Justice Folashade Olubanjo.

But she travelled to Abuja on official assignment. She adjourned the case till September 20.

June 28, 2016
Court stops monarch from selling land

A Badagry High Court has restrained a traditional ruler in Ojo Local Government Area of Lagos, Oba Abideen Akanbi Durosimi, from selling or collecting rents on ‘any portion of the Osolu family properties at Irewe land in Ojo.

Justice Mojisola Dada made the order of interlocutory injunction pending the determination of Suit No: BD/76/2012 filed by Prince Bolaji Oyefolu and seven other claimants/applicants through their counsel, Mr. O. Adenekan.

The other claimants/applicants are Mr. Timothy Ajiboye, Chief Rasaki Odunewu, Mr. Shefiu Olatunde, Prince Akeem Oyefolu, Chief Afolabi Giwa, Alhaji Prince Abu Oyefolu and Alhaji Prince Shamsideen Durosimi.

Justice Dada granted the plaintiff’s prayer upon a March 2, 2015 affidavit deposed to by Ajiboye and the claimants’ counsel’s application of February 27, 2015 which was not opposed by defence counsel, Mr. Abdul-Azeez Jimoh.

The court ruled that the defendant or his agents and privies were restrained from further dissipating, selling, leasing the properties “and from further collecting royalties and rents from tenants in respect of Coconut Farm, beach huts and houses.”

Also included were leases, dredging sites, sand excavation sites, debtors and “any other monies payable to the Osolu family in respect of the Osolu properties.

Justice Dada also directed the Registrar of the court or any neutral person(s) to enter the properties and collect royalties, rents and other monies payable to the Osolu family in respect of the properties at Irewe land and pay same into an Escrow account for the family “till the determination of this suit.”

The case was adjourned till October 10.

June 28, 2016
Saraki urges court to quash case against him, Ekweremadu, others

All is set for today’s arraignment of Senate President Bukola Saraki and three others for alleged forgery of the Senate Standing Rules 2015(as amended).

The others are Deputy Senate President Ike Ekweremadu, the immediate past Clerk to the National Assembly, Salisu Abubakar Maikasuwa and the Deputy Clerk to the National Assembly, Benedict Efeture.

The four are billed to face trial at a High Court of the Federal Capital Territory, Jabi District Abuja, which is a stone’s throw from the Code of Conduct Tribunal where the Senate President is responding to some charges.

It was learnt that following notice of his arraignment for forgery, Dr. Saraki aborted his trip to Saudi Arabia for lesser Hajj (Umrah).

Saraki through his counsel, says no prima facie case has been established against him.

According to a copy of the charge sheet, all the four defendants will face two-count charge filed by the Attorney-General of the Federation, Mallam Abubakar Malami (SAN) , through Principal State Counsel, D. E. Kaswe, pursuant to Section 104 and 379 of the Administration of Criminal Justice Act 2015.

While the first charge borders on criminal conspiracy, contrary to Section 97 of the Penal Code, count two is based on alleged forgery contrary to Section 362of the Penal Code Law.

Counsel to the senate president Ahmed Raji (SAN), has urged the court to quash the charges against him and the three others.

He also asked the court to alternatively adjourn the case sine die because the simultaneous trial at the High Court and the Code of Conduct Tribunal might jeopardize his right to fair hearing.

There were indications that trial judge Justice Yusuf Halilu may entertain Saraki’s preliminary objection after the charges have been read and the plea of the four defendants taken.

On Saraki’s shelved Saudi trip, a top source said: “The Senate President was scheduled for lesser Hajj on Friday but he could not perform his religious obligation because of the trial.

“In deference to the rule of law, he chose to stay at home to prove his innocence. Going to Saudi Arabia might attract another meaning.

“You can see that Saraki has nothing to fear at all. He believes he will go through the judicial process as a democrat.

“The outcome of Monday’s (today) session at the court will determine whether or not the Senate President can still perform the lesser Hajj. In the last 10 years, he has not missed this religious obligation.”

June 27, 2016
Edo won’t vote for candidate with court case, says Oshiomhole

Edo State Governor Adams Oshiomhole has advised the people to reject any candidate who has a case with the anti-graft body during the election..

Receiving members of the Catholic Women Organisation, Benin Diocese, who paid him a courtesy visit at the Government House, Benin City, the state capital, Oshiomhole said: “ Politics is now a business where even evil doers will call themselves pastors. And once they say you are a pastor, the unsuspecting person will think this must be a man of God. Yet, he is a man of evil.

“Now, it will require you as mothers to try to enlighten women to look critically at the pedigree of people who are seeking votes, because a he-goat is never going to be able to deliver a baby no matter how fat it seems to look. And a lizard will only give birth to another lizard.”

The governor added: “As we speak, more candidates are emerging. It is very interesting to see some political parties nominating people who have confessed to stealing public funds, who went to the bank to collect seven hundred million naira that was meant for defence; to protect Christians who were being killed by Boko Haram. Money that was meant to protect them was stolen by these people. At least, they confessed to seven hundred.

“There are many more they collected under the table, but this one, God caught them because they collected it from the bank, and they couldn’t deny it because the bank documents are there. Even people like that are offering themselves for election. They were not in government; they were stealing government money, when they take charge of the treasury what will be left?”

Oshiomhole urged the women to educate the people to vote wisely in the interest of democracy.

He said: “We need massive education. As mothers, nobody has a greater stake in the future of our state than yourselves because, if the state grows and prospers and government is properly run, you will benefit and the children will benefit. If the government is mismanaged, again if the children are hungry, it is the mother they will descend on.”

He added:, “So, we will solicit your support, obviously we need it now for the next election because they say success without a worthy successor is a failure, because it is easier to destroy a house than to build it. Anybody can destroy, but it is not everybody that can build. And unfortunately, when electioneering starts because of the level of poverty in our country, even thieves will masquerade as angels, and they will be smooth talkers, and can confuse people.”

The President of Catholic Women Organisation, Lady Gloria Ngozi Anaedo, the group was in the Government House to express appreciation to Oshiomhole for his unparalleled infrastructural development. She congratulated the governor for the the success of the party primary that produced Godwin Obaseki as the flag bearer of the ruling party.

She said: “On behalf of Catholic Women Organisation (CWO), Benin Arch Diocese, we have come to appreciate you for the work you have been doing in Edo State. We have been watching with keen interest as the year is passing by, and we are proud. You know, we women, when I child is doing well, we are always happy.

“So, we have come specially to tell you thank you, our Comrade Governor, that you have never let us down, mostly the catholic family. We have searched through and we have to confirm to you to tell you that you have done well. And really, you have done well because what you have done in Edo State is not a paper work. It is something you go, you see. The health care is there. The road network, in fact, we quite appreciate you.

“We cannot mention them because they are so many. So are very proud of you. In education, you have attained more than one hundred percent, and so many areas. So, we the catholic women, we deem it fit to come and say, well done, our comrade Governor. You have done what has not been thought of anybody in Edo State, and God will continue to guide and protect you.”

Anaedo added: “We also have to tell you that we are solidly behind you. Any time any day, we, the Catholic women, are solidly behind you. Any time you call on us for anything, don’t be afraid, we will come out to help you to do whatever you send us to do.”

June 24, 2016
Man charged with stealing friends’ N4.5m

A businessman, David Ezuzu, was Thursday arraigned by the police before an Igbosere Magistrates’ Court, Lagos on a charge of obtaining N4.5 million from his friends under the guise of opening Microfinance Bank.

Ezuzu, 47, whose residence was not given, is standing trial before Mr. B. A. Sonuga on a three-count charge of fraud, forgery and stealing.

Prosecuting Assistant Superintendent of Police (ASP) Eshiet Eshiet told the court that the defendant committed the offences sometime in 2013, at Ijanikin, Lagos.

Ezuzu, he alleged, made a false document on behalf of the Economic and Financial Crimes Commission (EFCC) and presented it as genuine to one Najeem Bamgbose and others.

The defendant was also accused of using the forged document to obtain N4.5 million from Bamgbose under pretext of opening a joint Microfinance Bank which would be affiliated to Zenith Bank Plc.

According to the prosecutor, the defendant then stole the said money.

The court heard that the alleged offences contravened Sections 285, 312 and 316 of the Criminal Law of Lagos State, 2011.

The defendant denied the charge and his counsel, Mr J. J. Ozemhoya, urged the court to grant him bail in flexible terms.

In his ruling, Magistrate Sonuga granted him N2 million bail with two sureties in the like sum and adjourned till July 27.

June 23, 2016