The Nation Newspaper

Tag: Court

  • Visafone: Court strikes out Etisalat’s suit against MTN

    Visafone: Court strikes out Etisalat’s suit against MTN

    The Federal High Court in Lagos yesterday struck out a suit by Etisalat against MTN.

    The plaintiff challenged MTN’s use of the 800megahertz (MHZ) spectrum following its acquisition of Visafone.

    Etisalat said it considered the action necessary to prevent MTN’s use of the spectrum as it would entrench the defendant’s dominance in the data services market.

    The plaintiff said the use of the 800MHz spectrum to deploy broadband services ahead of its competitors, particularly those who prior to MTNs purchase of Visafone, held similar spectrum bands as MTN, would be to other telecos disadvantage.

    Justice Ibrahim Buba struck out the suit on the ground that the court lacked jurisdiction to entertain it.

    He held that the court cannot interfere with NCC’s regulatory duties.

  •  Court to rule on Metuh’s no-case-submission March 9

     Court to rule on Metuh’s no-case-submission March 9

    The Federal High Court, Abuja, Thursday reserved ruling till March 9 on a no-case-submission filed by Olisa Metuh, the National Publicity Secretary of the Peoples Democratic Party (PDP).

    Metuh filed a no-case-submission in the alleged Money Laundering charges brought by the Economic and Financial Crimes Commission (EFCC).

    NAN reports that the Judge, Justice Okon Abang, reserved the date after counsel to the parties adopted their written addresses.

    Abang said that the court’s mandate to either give ruling or deliver judgment on the motion would depend on the merit of the submissions.

    “In the circumstance, the court can only rule if the motion fails and if the motion succeeds the court can only deliver judgment,’’ he said.

    He said that if the motion fails the defendants would open their cases, but if they succeed it means striking out the charges and discharging and acquitting the defendants.

    According to him, depending on which of the two scenarios play out, the court will have to adjourn its decision till March 9.

    Earlier, Dr Onyechi Ikeazu (SAN), Counsel to Metuh and Destra Investment Limited, argued that the motion became necessary as no prima facie was established against Metuh and his company by the prosecution.

    Ikpeazu further argued that the prosecution did not establish the essential elements of the offences brought against his clients.

    “My Lord, this situation renders the case against my clients manifestly unreliable,’’ he said.

    On his part, however, Mr Sylvanus Tahir, the prosecuting counsel, said the prosecution had place essential oral and documentary evidence to warrant the defendants open their defences.

    “We want Metuh to explain the alleged role he played in the illegal diversion of N400 million meant for the procurement of arms.

    “My Lord, the EFCC by preponderance of evidence, establishes that about $2.1billion meant for the procurement of arms was diverted by retired Col. Sambo Dasuki.

    “Metuh, through his company, Destra Investment Limited, was alleged to have pocketed N400 million out of that funds,’’ he said.

  • Civil servant docked over alleged assault

    Civil servant docked over alleged assault

    A 49- year-old civil servant, Abraham Omoniyi was on Thursday arraigned before an Okitipupa Magistrates’ Court over alleged assault on one Rahman Oladele.

    The prosecutor, Sgt. Ayodeji Omoyeigha told the court that the accused on Jan. 23 at Sarajoe Street, Okitipupa slapped Oladele in his office.

    He said that the accused also used a knife to threaten Oladele while he was performing his official duty.

    The prosecutor said that the offence was contrary to Section 351, Criminal Code, Cap.37, Vol.1, Laws of Ondo State 2006.

    The accused, of no fixed address, however, pleaded not guilty to the one-count charge.

    The Magistrate, Mr. Chris Ojuola granted the accused bail in the sum of N30, 000 with a surety in like sum and adjourned the case till March.1 for further hearing.

    Ojuola said that the surety must present one year tax clearance.

  • Court strikes out charges against 22 ABUAD students

    Court strikes out charges against 22 ABUAD students

    •Remands five in police custody

    An Ado-Ekiti Chief Magistrate’s Court has struck out criminal charges against 22 students of the Afe Babalola University, Ado Ekiti (ABUAD) for their alleged complicity in the February 7 riot.

    They were accused of committing burglary, arson and attempted robbery during the unrest.

    The Director of Public Prosecution (DPP), Gbenga Adaramola, told the court that the students’ parents had written a letter of apology to the ABUAD management.

    He claimed that the management of the university has consented to withdraw the criminal charges against the students based on the letter of apology and affidavit of facts admitting their involvement in the incident.

    He said five of the students had case to answer and urged the court to remand them in police custody.

    The counsel of the accused, Chris Omokhafe, thanked the university management and the DPP for withdrawing the charge against their clients.

    He thanked the court for sitting after closing hours to see that the students were released from prison having being kept there for over three weeks.

    Omokhafe prayed the court to order the police to allow the parents have access to their wards in police custody.

    He expressed surprise that the DPP wanted five of the students remanded in police custody.

    Chief Magistrate Adesoji Adegboye struck out the charges and discharged the students accordingly.

    He remanded five of them in police custody, saying they have a case to answer from the DPP office.

    The Magistrate urged the Divisional Police Officer to allow the parents have access to their children.

     

  • Court to rule on Aluko’s suit March 29

    Court to rule on Aluko’s suit March 29

    An Ado-Ekiti Chief Magistrate’s Court has fixed March 29 for ruling in the application by the embattled Secretary of the Peoples Democratic Party (PDP), seeking to vacate the warrant of arrest issued against him by the court.

    The court issued the warrant order on February 3 empowering the police to arrest, investigate and prosecute Aluko for alleged perjury after his revelation that the June 21, 2014 governorship election was rigged.

    The government, which approached the court for the order, contended that the PDP scribe had earlier testified at the Election Petitions Tribunal that the election, which returned Governor Ayo Fayose was free, fair and credible.

    Aluko’s counsel Niran Owoseni urged the court to strike out the order as no charge of perjury has been investigated and pending before the court.

    The Director of Public Prosecution (DPP), Gbemiga Adaramola, objected to the application on notice with a 13-paragraph affidavit deposed to by Fayose’s media aide, Lere Olayinka and attached exhibits with it.

    The DPP said the court’s ruling over the perjury allegation has a force of a judgment and submitted that the court has no jurisdiction to review its judgment.

    Adaramola submitted that the Channels Television interview granted in Lagos by Aluko will not take away the court’s jurisdiction since he (Aluko) lives in Ekiti State.

    He said Aluko gave his address on oath to the tribunal as 1, Fayose House, Afao-Ekiti, hence the court order was validly made.

    The DPP argued that the state has observed the rule of law, which stipulated that Aluko cannot be arrested without a warrant of arrest.

    He said because the defence counsel filed the process without his stamp and seal, it has rendered the application on notice valueless and urged the court to discountenance the application for lack of merit.

    Chief Magistrate Adesoji Adegboye adjourned the case till March 29 for ruling.

  • Court orders seizure of Tompolo’s assets

    Court orders seizure of Tompolo’s assets

    A  Federal High Court  in Lagos yesterday ordered the forfeiture of multi-million naira worth of  propery belonging to  wanted  former Niger Delta militant , Government Ekpemupolo, alias Tompolo.

    Justice Ibrahim Buba issued the order  following Tompolo’s refusal to appear in court over a 40-count charge of money laundering and stealing of about N34 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA).

    The charges were brought against him and nine others by the Economic and Financial Crimes Commission (EFCC).

    Ordered to be  forfeited include:  River Crew Change Boat named MUHA – 15; the property known as “Tompolo Dockyard” by the end of Enerhen Road, Effurun, Warri, and the property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.

    Others are:  Diving School at Kurutie, Escravos River; the property known as “Tompolo House” at Oporaza Town, opposite the Palace and any other property discovered by the EFCC, moveable and immoveable, belonging to Tompolo.

    Justice Buba had on January 14 issued a bench warrant against Tompolo and ordered his arrest for failing to honour the  court summons of January 12 in respect of the alleged N34bn fraud.

    Charged  alongside Tompolo are: Patrick Akpobolokemi, Global West Vessel, Odimiri Electrical Ltd, Kime Engozu, Boloboere Ltd, Rex Elem, Destre Ltd, Gregory Mbonu and Captain Warrendi Enisuoh.

    The suspects allegedly diverted N34 billion which accrued from the public-private partnership agreement between NIMASA and Global West Vessel Specialist Limited for personal use.

    At the resumed hearing of the matter yesterday, counsel to the EFCC, Festus Keyamo, told the court that the warrant of arrest issued by the court had not been executed despite the “best efforts” of all the security agencies in the country.

    He stated that all the nation’s security agencies were involved in the search of Tompolo,but his whereabouts were  not  yet known.

    Consequently, he sought the leave of court to amend the charge by removing the name of Government Ekpemupolo, alias Tompolo, from the charge, so that the trial of other accused persons could commence.

    Keyamo also drew the attention of the court to a Motion Exparte dated February 18, 2016, praying the court for an order authorising the EFCC to seize properties belonging to the former militant leader.

    Almost  all the defence counsel opposed the motion exparte on the grounds that they were not served with copies of the motion.

    Dr. Joseph Nwobike SAN (counsel to the 2nd defendant), Mr. Wale Akoni SAN (counsel to 7th and 8th defendants) along with other defence lawyers argued that it was  necessary for them to have copies of the motion exparte in the interest of justice and fairness.

    However, Justice Buba ruled that a motion exparte needed  not to be served on parties, adding that the motion was  specifically directed to the first accused (Tompolo) who was neither in court nor represented by a lawyer.

    Moving the motion brought pursuant to Sections 80 and 81 of the Administration of Criminal Justice Act 2015, Keyamo prayed the court to order the forfeiture of properties belonging to Tompolo pending the time he would appear in court.

    He stated that after three months, the court could  order the properties to be auctioned if he (Tompolo) did not make himself available in court.

    In his ruling, Justice Buba held that the Administration of Criminal Justice Act 2015 empowers the court to seize properties of an accused who refuses to face trial.

    The court recalled that even though Tompolo refused to appear in court he briefed his lawyers and through them sought to vacate the order of his arrest.

    Consequently, he ordered forfeiture of properties belonging to Tompolo pending the time he chooses to appear in court.

    The following assets belonging to Tompolo were attached and will be forfeited; Property at No. 1 Chief Agbamu Close DDPA Extension Warri (Effurun), Delta State, among others.

    Justice Buba, however, refused to attach all the limited liability companies listed by the EFCC until their proof of ownership is revealed to the court.

    The limited liability companies include; Global West Vessel Specialist Limited, Odimiri Electrical Limited and Kime Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Limited, Gregory Mbonu and Captain Warredi Enisuoh respectively.

    EFCC had in an affidavit in support of the motion exparte deposed to by one Adah John Adah, a litigation officer in the law firm of Festus Keyamo, stated that Tompolo was invited by the EFCC on several occasions to come and answer to the allegations of fraudulent activities levelled against him which was uncovered during investigation.

    The commission stated that Tompolo was charged before the court to answer to charges levelled against him, but he persistently refused and failed to honour the several invitations extended to him.

    He added that the court had on January 12, 2016 issued a warrant of arrest against Tompolo who absconded and concealed himself from all security forces in the country to frustrate the execution of the warrant of arrest.

    The deponent added that rather than present himself to the court, Tompolo engaged the services of Tayo Oyetibo, SAN, who filed a motion dated January 27, 2016 to set aside the warrant of arrest.

    He added that the said motion was dismissed by the court on February 8, 2016.

    He stated that since the order for the arrest  was issued against Tompolo, the combined team of the police and the military have been combing the creeks and the entire nation for his arrest, but he continued to abscond and conceal himself.

    He stated that EFCC operatives had carried out investigations and received intelligence report to the effect that the stated properties belong to Tompolo.

    The matter was adjourned till March 22 for hearing.

  • Court orders seizure of Tompolo’s multi-billion naira property

    Court orders seizure of Tompolo’s multi-billion naira property

    • Boat, dockyard, driving school, houses may be auctioned after three months

    Justice Ibrahim Buba of a Federal High Court in Lagos yesterday ordered the forfeiture of multi-billion naira properties belonging to a former Niger Delta militant leader, Government Ekpemupolo alias Tompolo.

    The judge made this order following Tompolo’s refusal to appear in court over a 40-count charge of money laundering and stealing of about N34 billion belonging to the Nigerian Maritime Administration and Safety Agency (NIMASA).

    The charges were brought against him and nine others by the Economic and Finanacial Crimes Commission (EFCC).

    Properties to be forfeited include: a River Crew Change Boat named MUHA – 15; the property known as “Tompolo Dockyard” by the end of Enerhen Road, Effurun, Warri and the property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.

    Others are: A Diving School at Kurutie, Escravos River; the property known as “Tompolo House” at Oporaza Town, opposite the Palace and any other property discovered by the EFCC, moveable and immoveable, belonging to Tompolo.

    Justice Buba had on January 14 issued a bench warrant against the Delta State native and ordered his arrest for failing to honour a court summons dated January 12 in respect of the alleged N34bn fraud.

    The nine charged alongside Tompolo are: Patrick Akpobolokemi, Global West Vessel, Odimiri Electrical Ltd, Kime Engozu, Boloboere Ltd, Rex Elem, Destre Ltd, Gregory Mbonu and Captain Warrendi Enisuoh.

    The suspects allegedly diverted N34 billion which accrued from the public-private partnership agreement between NIMASA and Global West Vessel Specialist Limited for personal use.
    At the resumed hearing of the matter Friday, counsel to EFCC, Festus Keyamo told the court that the warrant of arrest issued by the court has not been excuted despite the “best efforts” of all the security agencies in the country.

    He stated that all the nation’s security agencies were involved in the search of Tompolo but his whereabouts are not known yet.

    Consequently, he sought the leave of court to amend the charge by removing the name of Government Ekpemupolo alias Tompolo from the charge, so that the trial of other accused persons could commence.

    Keyamo also drew the attention of the court to a Motion Exparte dated February 18, 2016 praying the court for an order authorising EFCC to seize properties belonging to the former militant leader.

    But, virtually all the defence counsels opposed the motion exparte on the grounds that they were not served with copies of the motion.

    Dr. Joseph Nwobike SAN (counsel to the 2nd defendant), Mr. Wale Akoni SAN (counsel to 7th and 8th defendants) along with other defence lawyers argued that it is necessary for them to have copies of the motion exparte in the interest of justice and fairness.

    However, Justice Buba ruled that a motion exparte needs not to be served on parties, adding that the motion is specifically directed to the first accused (Tompolo) who was neither in court nor represented by a lawyer.

    Moving the motion brought pursuant to Sections 80 and 81 of the Administration of Criminal Justice Act 2015, Keyamo prayed the court to order the forfeiture of properties belonging to Tompolo pending the time he would appear in court.

    He stated that after three months, the court can order the properties to be auctioned if he (Tompolo) did not make himself available in court.

    In his ruling, Justice Buba held that the Administration of Criminal Justice Act 2015 empowers the court to seize properties of an accused who refused to face trial.

    The court recalled that even though Tompolo refused to appear in court he briefed his lawyers and through them sought to vacate the order of his arrest.

    Consequently, he ordered forfeiture of properties belonging to Tompolo pending the time he chooses to appear in court.

    The following assets belonging to Tompolo were attached and will be forfeited; Property at No. 1 Chief Agbamu Close DDPA Extension Warri (Effurun), Delta State, among others.

    Justice Buba however refused to attach all the limited liability companies listed by the EFCC until their proof of ownership is revealed to the court.

    The limited liability companies include; Global West Vessel Specialist Limited, Odimiri Electrical Limited and Kime Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Limited, Gregory Mbonu and Captain Warredi Enisuoh respectively.

    EFCC had in an affidavit in support of the motion exparte deposed to by one Adah John Adah, a litigation officer in the law firm of Festus Keyamo, stated that Tompolo was invited by the EFCC on several occasions to come and answer to the allegations of fraudulent activities levelled against him which was uncovered during investigation.

    The commission stated that Tompolo was charged before the court to answer to charges levelled against him but he persistently refused and failed to honour the several invitations extended to him.

    He added that the court had on January 12, 2016 issued a warrant of arrest against Tompolo, who absconded and concealed himself from all security forces in the country to frustrate the execution of the warrant of arrest.

    The deponent added that rather than present himself to the court, Tompolo engaged the services of Tayo Oyetibo, SAN, who filed a motion dated January 27, 2016 to set aside the warrant of arrest.

    He added that the said motion was dismissed by the court on February 8, 2016.

    He stated that since the order for the arrest was issued against Tompolo, the combined team of the Nigerian police and the military have been combing the creeks and the entire nation for his arrest, but he continued to abscond and conceal himself.

    He stated that EFCC operatives have carried out investigations and received intelligence report to the effect that the stated properties belong to Tompolo.

    The matter has been adjourned till March 22 for hearing.

  • EFCC seeks court’s order to seize Tompolo’s assets

    EFCC seeks court’s order to seize Tompolo’s assets

    The Economic and Financial Crimes Commission (EFCC) Thursday asked the Federal High Court in Lagos to make an order empowering it to seize all assets belonging to a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo).

    It sought an order authorising it to attach the properties belonging to Tompolo by seizure pending his arrest or appearance in court for arraignment.

    The commission said since the court ordered Tompolo’s arrest, the combined team of the police and the military have been combing the creeks in search of him to no avail.

    The property, as listed by EFCC, include 1, Chief Agbamu Close DDPA Extension Warri (Effurun), Delta State; properties of Mieka Dive Ltd and Mieka Dive Training Institute Ltd at No. 77, Lioth Street, ODPA Ugborikoko, Uvwie Local Government Area, Delta State, and all properties of Global West Vessel Specialist Ltd.

    Others are all properties of Muhaabix Global Services Ltd, a River Crew Change Boat named MUHA – 15, property known as “Tompolo Dockyard” by the end of Enerhen Road, Effurun, Warri, and property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.

    The rest are the Diving School at Kurutie, at Escravos River, property known as “Tompolo House” at Oporaza Town, opposite the Palace, as well as any other property discovered by EFCC, moveable and immoveable, belonging to Tompolo.

    The application, filed by EFCC lawyer Festus Keyamo, is dated February 18.

    EFCC said rather than present himself to the court,  Tompolo engaged the services of Tayo Oyetibo (SAN), who sought to quash the order of arrest.

    “Since the order for the arrest of the first accused person (Tompolo), the combined team of the Nigerian police and the military has been combing the creeks and the entire nation for the arrest of the 1st accused person, but he continues to abscond and conceal himself,” EFCC said.

    The commission said its operatives carried out investigation and received intelligence report that the properties belong to Tompolo.

    Justice Ibrahim Buba had on January 14 ordered Tompolo’s arrest. He renewed the order on February 8.

    He later dismissed Tompolo’s application seeking to quash the warrant of arrest.

    EFCC, in the 40-count, said 47-year-old Tompolo is wanted in a case of conspiracy, illegal diversion of N34 billion and N11.9 billion belonging to the Nigeria Maritime Administration and Safety Agency (NIMASA).

    The money, the prosecution said, accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist Limited.

    The alleged offence contravenes Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    EFCC said since the issuance of the warrant of arrest, Tompolo “has absconded and concealed himself from all security forces in the country to frustrate the execution of the warrant of arrest.”

    The case comes up Friday.

  • Bulletproof cars: Court dismisses Oduah’s suit

    Justice Okon Abang of the Federal High Court, sitting in Lagos, yesterday, dismissed a fundamental rights’ suit filed by Senator Stella Oduah.

    The judge upheld an objection by the Attorney-General of the Federation (AGF), Abubakar Malami (SAN).

    Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos, and awarded N15,000 as cost against Oduah.

    Justice Mohammed Yunusa, now of the Enugu Division, last August 26, granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

    The case is about two armoured BMW cars bought in 2013 for over N255 million by the Nigeria Civil Aviation Authority (NCAA) when she was minister of Aviation.

    It was reassigned to Justice Abang, who adjourned for judgment before his transfer to Abuja Division. He returned to Lagos to deliver the verdict.

    Justice Yunusa barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC), AGF and Inspector-General of Police from inviting the ex-minister for interrogation.

    The order was to subsist until yesterday’s judgment.

    Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection challenging the court’s jurisdiction.

    The judge held that there was no evidence that the ex-minister’s rights were to be violated in Lagos.

    Besides, the judge said it would not amount to a violation of her rights, if the Federal Government had any reason to arraign Oduah in a Lagos State High Court as she alleged.

    The AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

    ”From the applicant’s averments, there is nowhere she mentioned that her rights were or was being breached by the respondents within the territorial space called Lagos.

    ‘’There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.”

    ‘’The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights, which did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

    Justice Abang agreed with Gazali’s submissions.

    The AGF also said Oduah had not established any cause of action against it, having not proved that she was invited, arrested or detained by the AGF.

    ”The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void. The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

    The vehicles, bought under Oduah’s watch as Aviation minister, were said to have cost N255 million, an amount that sparked outrage.

    Oduah, in a supporting affidavit, justified the 2013 purchase of two bullet-proof BMW cars by the NCAA.

    The former minister, who represents Anambra North Senatorial District, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents causing havoc in the Northeast.

    Oduah said the bullet proof cars were necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Police were bombed in Abuja.”

    ”It was imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

    She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

    Oduah said the bid to arrest her for a crime she did not commit began as the general election approached.

    According to her, the House of Representatives, led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were out to get her.But the lawmakers’ move, she said, was part of a plan by the All Progressives Congress (APC) to capture power by all means.

  • Court refuses to stop Olubadan’s installation

    Court refuses to stop Olubadan’s installation

    The Oyo State High Court has refused to grant the interim order application by Seriki chiefs, seeking to stop the installation of a new Olubadan, pending the determination of a substantive suit.

    The Seriki chiefs sued the Olubadan-in-Council for the emergence of a new Olubadan and for the appointments of some high chiefs.

    The legal battle started in 2007 but was intensified after Oba Samuel Odulana Odugade died on January 19.

    The chiefs’ lead counsel, Abideen Adeniran, urged the court to stop the highest traditional council in chieftaincy matters from installing a new monarch.

    But Justice Mukhtar Abimbola, the Chief Judge, refused to grant their prayers, saying that if the monarch is installed illegally, the court reserves the right to remove him.

    “Even if the oba is installed illegally, he can still be removed by the court because it is not a perishable commodity,” he said.

    Adeniran moved two motions, including granting an order of substituted service of all relevant processes on the wall of the office of Olubadan-in-Council.

    He also prayed the court to make an interim order because “we are aware that the defendants have perfected the plan to tamper with the case”.

    The court granted the motion on substituted service.

    Before the arrival of Folorunso Lana, counsel to the Olubadan-in-council, Adeniran had engaged another lawyer, Oladepo Abiodun, who applied to the court for joinder.

    He said: “My lord, the last time we were here in this court, my learned colleague said he just took over the case and that he needed to go through all the processes and your lordship allowed him.

    “But, today they have not filed a single paper. It has been their ploy since we started this case in 2007. That is why I will be opposing this application for joinder.

    “Only one person wants to join now but by the next adjourned date, another person will appear.

    “If somebody purposely delays the court, the court cannot just keep on adjourning the case. If this is adjourned, another intervening application will be filed.”

    Adeniran asked the court to expunge the name of the first defendant, the late Oba Odulana, from the suit through oral application.

    But Lana opposed him, arguing that “they ought to have filed a motion striking out the names. We still have six names and without an application, they still remain”.

    Before adjourning till today, Justice Abimbola said: “I will consolidate the cases so as to make progress.

    “Chieftaincy issues are very simple. Don’t make a non-controversial issue appear controversial. I will raise four issues and then expect your written addresses. Let us remove the dead from the living.”