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Tag: Court

  • Court verdict: PDP will laugh last, says Orji

    Court verdict: PDP will laugh last, says Orji

    The immediate past governor of Abia State, Chief Theodore Orji has predicted that the verdict of the Court of Appeal which sacked Dr Okezie Ikpeazu as the duly elected governor of the state and replaced with Dr Alex Otti of the All Progressives Grand Alliance (APGA) will be upturned at the Supreme Court.

    Chief Orji, who is the Senator representing Abia Central senatorial district at the Senate, said the verdict of the Court of Appeal was not a good one for the state and its people.

    “But there is the Supreme Court which is the last point of the judicial exercise in this matter,” he said.

    Speaking with reporters in Umuahia, the state capital, Orji said he has a lot of respect for the judiciary which is the last hope of any politicians’ political career, as it has always come to his rescue since he ventured into politics.

    Orji said: “Since I joined politics, the judiciary has always been there for me. From 2007 to 2011 as governor and even now as Senator, as it has always authenticated my mandate after any election my opponents proceed to the courts to challenge my victory.

    “I don’t see any difference in this case of Ikpeazu versus Otti governorship case, as some people want to be governor at all costs and desperately too simply because they have some money. But money is not everything in politics.”

    He said he is happy that the governorship matter does not end at the Court of Appeal but at the Supreme Court.

    “It is a place where there are men of integrity who take their time on such matter. I am sure that Ikpeazu will be returned as the duly elected governor of Abia State,” he said.

    The Senator said the judiciary is supposed to enhance democracy for the good of the country and its people.

    “However, this time around, the judiciary at the Court of Appeal has decided to turn democracy upside down,” he said.

    Orji said that the Court of Appeal judgment means that Ikpeazu cannot vote for himself and that his father, mother and siblings cannot vote for him.

    “It also means that he is not eligible to be voted for in the election based on the court’s verdict,” he stated.

    He posited that the continuous cancellation of election results and in some cases election results are declared inconclusive if not properly handled may end up blowing up the country.

    The former governor took a swipe at the founding fathers of the state, saying “it is a shame that those who claim to be founding fathers of the state are the ones destroying it. Instead of preaching peace, they are busy preaching discord.

    “These people do not have any electoral value during any election in the state. During the Peoples Democratic Party (PDP) governorship primaries, Ikpeazu defeated his opponents clearly and the governorship seat deserves to go to the southern part of the state; having been to the north and central parts of the state for sixteen years,” he said.

     

  • Court remands driver for alleged rape of teenager

    Court remands driver for alleged rape of teenager

    A Gudu Upper Area Court in the Federal Capital Territory (FCT) on Thursday remanded a 44-year-old driver, Ayodele Obayelu, in prison for alleged rape of an 18-year-old girl.

    Obayelu, a resident of Durumi village, Abuja, was arraigned on a one-count charge of rape.

    The judge, Alhaji Umar Kagarko, remanded Obayelu in prison after he pleaded guilty to the charge of rape.

    Kagarko said Obayelu would be tried summarily because rape was a capital offence.

    He adjourned the case till March 8, for trial.

    The Prosecutor, Urom Out, had told the court that one Ruth Williams of Boloni Guest Inn, Area 8, Abuja, reported the matter at the Garki Police Station on Jan. 10.

    He said the complainant sent her house-help to Obayelu’s place and he took the girl to his house in pretence to buy some things for children and forcefully had carnal knowledge of her.

    “The girl screamed for help and nobody came to her rescue and when Obayelu was done, blood gushed out of girl’s private part.

    “He further threatened the girl not to tell anyone and asked her to wash her private part with water.”

    The prosecutor said the offence contravened Section 283 of the Penal Code.

  • Mass redeployment of judges at Fed High Court

    Mass redeployment of judges at Fed High Court

    A major redeployment of Federal High Court judges has seen 27 of the court’s initial 52 judges swapping divisions.

    Also, the 30 new judges sworn in last December 2, have been assigned courts  across the country.

    Of the court’s initial 52 judges, 25 retain their previous postings.

    A senior official of the court, who spoke on condition of anonymity, said the redeployment “is a routine administrative exercise carried out by the Chief Judge.”

    Those affected are Justice James Tsoho (moved from Lagos to Abuja), Justice Mojisola Olatoregun-Ishola (Asaba to Lagos), Justice Binta Nyako (Makurdi to Abuja), Justice Mohammed Liman (Benin City to Port-Harcourt), Justice Anwuli Chikere (Minna to Abuja), Justice A. O. Faji (Ilorin to Asaba), Justice A. L. Allagoa (Jos to Owerri), Justice B. O. Kuewunmi (Oshogbo to Lagos), Justice M. G. Umar (Bauchi to Gombe), Justice S. M. Shuaibu (Owerri to Kaduna), Justice Z. B. Abubakar (Gusau to Kano) and Justice I. M. Sani (Akure to Lokoja).

    Also redeployed are Justice I. E. Ekwo (Port-Harcourt to Calabar), Justice M. A. Onyetenu (Abakaliki to Oshogbo), Justice Okon E. Abang (Lagos to Abuja), Justice D. V. Agishi (Enugu to Jos), Justice M.S. Abubakar (Warri to Bauchi), Justice F. A. Olubanjo (Umuahia to Akure), Justice M. N. Yunusa (Lagos to Enugu), Justice E. A. Obile (Calabar to Warri), Justice C. J. Aneke (Lagos to Makurdi) and Justice D. U. Okorowo (Taraba to Ekiti).

    Equally moved are Justice Muhammed Lawal Abubakar (Awka to Abakaliki), Justice Musa Haruna Kurya (Lagos to Jos), Justice Evelyn Nmasinulo Anyadike (Kaduna to Umuahia), Justice Oluremi Omowunmi Oguntoyinbo (Owerri to Ilorin) and Justice Fatun Odohi Riman (Kano to Uyo).

    Of the newly appointed ones, Justice Muslim Sule Hassan has been posted to Lagos, Justice Nnamdi Dimgba (Abuja), Justice Taiwo Obayomi Taiwo (Ado-Ekiti), Justice Yellin S. Bogoro (Niger), Justice Rosemary Dugbo Oghoghorie (Enugu), Justice Ibrahim Watila (Port-Harcourt), Justice Isa Hamma Adama Dashen (Yobe), Justice Mallong Peter Hoommuk (Port0Harcourt), Justice Jude Kanyioh Dagat (Lagos), Olayinka Olusegun Tokede (Benin), Justice Simon Akpah Amobeda (Kebbi), Justice Jane Egienanwan Inyang (Owerri) and Justice Daniel Emeka Osiagor (Umuahia).

    Others are Justice Hassan Dikko, assigned to (Makurdi), Justice Chuka Austine Obiozor (Lagos), Justice Iniekenimi Nicholas Oweibo (Awka), Justice Hadiza Rabiu Shagari (Lagos), Justice Saleh Kogo Idrissa (Kano), Justice Joyce Obehi Abdulmalik (Ibadan), Justice Hillaru Ide Osho Oshomah (Lafia), Justice Fadima Murtala Aminu (Zamfara), Justice Toyin Bolaji Adegoke (Asaba), Justice James Kolawole omotosho (Kano) and Justice Stephen Daylop Pam (Taraba).

    Justice Akintayo Aluko is assigned to Abakaliki, Justice Nehizena Idemudia (Ilorin), Justice Emeka Nwite (Kaduna), Justice Abdu Dogo (Akure), Justice Abdulazeez M. Z. Anka (Lagos) and Justice Adamu Turaki Muhammed (Abeokuta).

  • Driver, guard remanded for unlawful possession of guns

    Driver, guard remanded for unlawful possession of guns

    Two men, Okechukwu Achinulo, 27, and Ogbuefi Emmanuel, 60, were Wednesday remanded by a Lagos State Magistrates’ Court in Igbosere for allegedly being ‎in unlawful possession of firearms.

    Magistrate O. Kusanu (Mrs.) ordered that Achinulo, a driver, and Emmanuel, a security consultant, be committed to custody pending legal advice from the office of the Lagos State Director of Public Prosecution (DPP).

    Achinulo, a resident of No. 1 Amudalabu Street, Ikotun Egbe and Emmanuel, of No. 15 Sarah Fagboyode Street, Asamu Estate, Ejigbo, are facing a four-count charge of conspiracy, stealing, receiving stolen property and unlawful possession of prohibited firearms preferred against them by the police.

    Prosecuting Sergeant Innocent Odugbo told the court that at about 10:15am sometime in February, 2015 in Ikotun, the defendants and others still at large, allegedly conspired to commit the offences.

    He claimed that Achinulo stole three Jojeff double-barreled guns and seven Jojeff pump-action guns valued at N2million, all property of one Ezebunwa Donatus.

    The prosecutor also alleged that Emmanuel ‎received five of the prohibited guns valued at N800,000 from Achinulo, without a license from the Inspector-General of Police.

    He added that the offences are punishable under Sections 409, 285, 326 and 28 (b) (1) of the Firearms Act Cap 146 Laws of the Federation of Nigeria 2004.

    The defendants’ pleas were, however, not taken and the case was adjourned till February 24.

     

  • N1.4tr fine: Court directs service of papers on parties in MTN’s suit

    N1.4tr fine: Court directs service of papers on parties in MTN’s suit

    THE Federal High Court in Lagos yesterday ordered that processes in the suit by MTN Nigeria Communications against the Nigeria Communications Commission (NCC) be served on parties.

    “The parties herein are to be served with the processes in this matter,” Justice Mohammed Idris ruled.

    He also ordered parties to maintain the status quo pending further hearing.

    “An order is hereby made directing the parties cited herein to maintain the status quo ante bellum pending further hearing,” the judge said.

    To maintain the status quo “is to keep the things the way they presently are”.

    MTN asked the court to quash the sanction imposed on it by NCC in October for failing to disconnect unregistered subscribers.

    The initial fine of $5.2 billion was reduced by 25 per cent to $3.9 billion in December.

    But MTN sued NCC and the Attorney-General of the Federation Abubakar Malami (SAN), contending that NCC being a regulator ccould not assume functions of the state.

    The Federal Government had, through a motion ex-parte, sought an order of mareva injunction restraining the 21 commercial banks from releasing any funds belonging to MTN.

    It sought “an order of mareva injunction restraining the aforementioned banks from releasing, further releasing any funds, making sale, transfer or payment of monies or dealing in any manner whatsoever with any and monies maintained by the plaintiff/respondent (MTN) or its agents, privies, subsidiaries, sister companies or the like in the aforestated banks that will alter, decline or reduce the amount of the first defendant’s/applicant’s fine against the plaintiff/respondent in the  N1,040,000,000,000 which has remained wholly unsatisfied, pending the determination of the motion on notice.”

    The AGF, afraid that MTN could move its funds from the country, sought an order directing the banks to open a special interest-yielding account in the name of the chief registrar of the Federal High Court.

    Malami prayed that the N1.04 trillion be kept with the chief registrar as trustee, and MTN should file an affidavit within seven days of being served with the processes.

    AGF, in a supporting affidavit deposed to by  Steve Nwabueze, argued that MTN regularly repatriate funds out of Nigeria.

    According to him, between October 2007 and May 2009, MTN moved over $7.7 billion to a foreign account. Specifically, he said MTN, on February 8, 2008, transferred over $936 million to accounts in Mauritius, Cayman Island and British Virgin Island.

    The deponent said MTN was obliged to pay the fine unless it was reviewed by the commission or nullified by the court.

    “Unless this court entertains this application, the plaintiff/respondent would move its funds out of Nigeria, being the jurisdiction of this court, and thereby frustrate the enforcement of the fine in the likely event that this court sanctions the imposition of the fine,” the AGF said.

    He said NCC earlier gave MTN a concession on the fine and reduced it to N780 billion, yet MTN refused to pay on or before December 31.

    Malami said instead of MTN to take advantage of the concession and settle the fine, it chose to sue in a bid to buy time and avoid the payment.

    The AGF said the plaintiff’s aim was to move its funds out of Nigeria before the case would be decided. He justified the imposed fine, saying it was his duty, as the chief law officer, to ensure that laws made by the National Assembly were obeyed.

    According to him, not granting the application would render the court’s judgment nugatory should it be in NCC’s favour.

    However, Justice Idris said the AGF did not show enough evidence to prove that MTN was about to empty its bank accounts and move out its funds.

    The judge said he would hear the suit and deliver judgment promptly.

    Justice Idris adjourned till January 22 for hearing.

     

  • Police arraign two for N1.5m fraud

    Police arraign two for N1.5m fraud

    The Police in Ogun on Monday arraigned a 45-year-old Rachael Adepoju and 42-year-old Egbeolu Moses in an Ota Magistrates’ Court, for allegedly collecting N1.5 million under false pretence from one Funmilola Adedeji.

    The accused, whose addresses were unknown, are being tried on a two-count charge of conspiracy and obtaining money under false pretence.

    The prosecutor, Sgt. Ebibomini Itaita, told the court that the accused committed the offences on September 4, 2015 at Sango-Ota.

    Itaita said the accused conspired and collected N1.5 million under the pretence of helping the complainant to sell some goods and remit the money into his account, an agreement they failed to honour.

    He said that the offence contravened Sections 383 and 419 of the Criminal Code, Vol.1, Laws of Ogun, 2006.

    The accused, however, pleaded not guilty to the charge.

    The Chief Magistrate, Mrs. Funke Odubanjo, admitted the accused to bail in the sum of N400, 000 each, with one surety in like sum.

    She said the surety must be resident within the magisterial district and should be gainfully employed.

    Odubanjo also directed that the surety should swear to an affidavit of means and produce one year tax clearance.

    In addition, the surety must provide a reasonable means of identification and submit four passport photographs to the court.

    The case was adjourned till Jan.20, for hearing.

  • Court dissolves 13-year-old marriage over fighting

    Court dissolves 13-year-old marriage over fighting

    An Okuta Area Court in Kwara on Friday dissolved a 13-year-old marriage between Bilikis Idris and Abdullahi Idris over claim of frequent fighting.

    The court presided by Mr Ahmed Yahaya, ordered the couple to go their separate ways without disturbing the peace of the society.

    The wife, Bilikis, had approached the court in 2015, seeking the dissolution of the marriage which had produced three children, over allegation that she had no rest of mind in the union.

    She pleaded with the court to grant her wish so that she would marry another man that would care for her.

    The man, Abdullahi, who was absent in court but sent a letter, consented to the relief sought by his wife.

    In the letter read in the court, he said, “I, Idris Abdullahi, write for no objection to grant divorce to my wife, Bilikis.

    “We are blessed with three children, all in my custody at Kaiama and I beg her to stop coming to pick my children without my consent, henceforth.”

    Asked to react to the letter, Bilikis said that she had no comment but sought a relief of the court to enable her pack all her belongings, left in the respondent’s house.

    In his judgment, Yahaya dissolved the marriage as sought by the plaintiff and granted a relief to enable her pack her belongings.

    The judge, however, ordered Bilikis to observe three months “Iddah’’ (Islamic period of waiting before remarrying), adding that both parties had 30 days to appeal against the judgment if displeased with it.

  • Court restricts Bello to hospital

    Court restricts Bello to hospital

    •Son remanded in Kuje prison

    THE CHARGES

    • That you Bello Abba Mohammed, BAM Projects and Properties and Dr. Haliru Bello took possession of N300million when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd)
    • That on or about 17th March 2015 N300million was transferred from the account of the Office of the National Security Adviser with the CBN purporting same to be for “Safe Houses” but which you claimed to have for political campaign
    • That you Bello Abba Mohammed and BAM Projects and Properties Limited did retain the sum of N300million by concealing the said sum in your account with  Sterling Bank Plc
    • That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello did conspire to launder the sum of N300million

    A Federal High Court in Abuja yesterday ordered that former Peoples Democratic Party (PDP)Chairman Haliru Mohammed Bello be restricted to the Abuja Clinics,  where he is on admission.

    The court also ordered that his son, Abba Mohammed Bello be remanded in Kuje prison, Abuja.

    Justice Ahmed Ramat Mohammed, who listened to lawyers to Mohammed and his son argue their  bail applications, shortly after they were arraigned on a four-count charge of money laundering.

    The judge directed that his order that Bello be restricted to the hospital be brought to the notice of the Inspector General of Police (IGP) by the court’s registrar, for enforcement.

    The court orders are to subsist till tomorrow when the judge will rule on the bail applications.

    Bello, who reportedly took ill shortly after the Economic and Financial Crimes Commission (EFCC) filed the charge against him, his son and their company, Bam Projects and Properties Limited, was brought to court in a wheel chair. He was assisted by two medical personnel provided by the hospital.

    The former Defence Minister, dressed in a dark-blue embroidered kaftan, was brought to the court a few minutes after 10 am. His son, dressed in a sky-blue kaftan, was brought in by security agents about 30 munities later.

    By 11.20am, proceedings had begun. The charge against them was called and each count read to them. They pleaded not guilty. Their lawyers, O. Ozoka (for Abba) and Abdulazeez Ibrahim (for Bello) moved their bail applications and urged the court to allow them on bail.

    Before the court heard parties’ argument on the bail applications, proceedings were briefly halted when Bello, through his lawyer, sought the court’s permission “to answer the call of nature”, a request the judge promptly granted.

    On the resumption of proceedings about 30 munities later, Ozoka and Ibrahim urged the court to grant them bail on the grounds that the offences were bailable and that both defendants were ill.

    Although Ozoka was silent on the nature of his client’s illness, Abba, who at a point in the course of proceedings sought to be allowed to sit down, told the judge that he was suffering from stomach discomfort, when the judge asked him what was wrong with him.

    Ibrahim told the court that Bello was on admission at the Abuja Clinics, where he was treated for surgery wounds. He said his client just returned from the United Kingdom, where he undertook “a major surgery”. He was silent on the nature of his (Bello’s) illness.

    Prosecution lawyer Aliyu Yusuf opposed the bail application on the ground that both father and son were unable to provide sufficient evidence to enable the court exercise its discretion to grant them bail.

    Relying on the authority of Abiola vs Federal Republic of Nigeria 1995 (1) NWLR part 370 at page 155, Yusuf urged the court to deny them bail on the ground that they were yet to provide evidence that the prison authorities were incapable of attending to their illnesses, if they were remanded in prison custody.

    He urged the court to consider the weight of evidence against the defendants, the possibility of them tampering with prosecution witnesses and the magnitude of the punishment, which is a maximum of 14 years, should they be convicted.

    Ruling, Justice Mohamed ordered that Abba (who is listed as the 1st defendant) be remanded in Kuje prison and that Bello, who is on admission at the Abuja Clinics, should be restricted to the hospital  under the supervision of the IGP. He directed that the court’s registrar should immediately bring the court’s order to the attention of the IGP and adjourned till January 7 for ruling on their requests for bail.

    Bello, his son and BAM are accused of receiving N300m from the Office of the National Security Adviser (ONSA) on March 17, 2015 for political campaign under pretext that it was meant for  a housing project named “Safe Houses”.

    The first count states that the N300m collected by the defendants was part of proceeds of the immediate past National Security Adviser, Col. Sambo Dasuki’s “unlawful activity”.

    They were, in count two, accused of receiving the N300m under the guise that it was meant “for Safe Houses” when it was actually for political campaign.

    In count three, they were alleged to have concealed the money in their Sterling Bank Plc account when they “knew the said Doctor Aliru Bello and Col. Mohammed Sambo Dasuki (retd.) to be engaged in a criminal conduct”.

    They were also accused of conspiring to “launder” the money, which they claimed to have received for political campaign when they “reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki, the then National Security Adviser”.

    The charges: “That you Bello Abba Mohammed, BAM Projects and Properties and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court took possession of the sum of N300million paid into the account of BAM Projects and Properties Limited with Sterling Bank Plc from the account of the Office of the National Security Adviser with the CBN when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (15) (3) of the same Act.

    “That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court converted the sum of N300million which sum was transferred from the account of the  Office of the National Security Adviser with the CBN purporting same to be for “Safe Houses” but which you claimed to have for political campaign and when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (15) (3) of the same Act.

    “That you Bello Abba Mohammed and BAM Projects and Properties Limited on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court did retain the sum of N300million on behalf of  Dr. Haliru Bello and Col. Mohammed Sambo Dasuki (rtd), the former Chairman of PDP and National Security Adviser respectively by concealing the said sum in your account with  Sterling Bank Plc when you knew the said Dr. Haliru Bello and Col. Mohammed Sambo Dasuki(rtd) to be engaged in a criminal conduct to wit: theft of public fund for a political activity and you thereby committed an offence contrary to Section 17(a) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (17) (b) of the same Act.

    “That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court did conspire to launder  the sum of N300million which sum you claimed to have received for political campaign and when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (15) (3) of the same Act.”

     

  • Police arraign applicant for theft

    Police arraign applicant for theft

    The police on Tuesday arraigned an applicant, Jimoh Ibrahim, in an Ikeja Magistrates’ Court for sneaking into a retailing shop to steal goods while the shop owner was sleeping.

    Ibrahim, 32, of no fixed address, was charged with theft contrary to Sections 285 of the Criminal Law of Lagos State, 2011.

    He pleaded not guilty to the charge and was granted bail by Magistrate T.O Shomade in the sum of N10, 000 with two sureties in like sum.

    Shomade adjourned the case till Jan.27, for mention.

    The Prosecutor, Insp. Akeem Raji, had told the court that Ibrahim committed the offences on Dec. 30 at Aina Street, Ojota, Lagos.

    Raji said that the accused unlawfully entered the shop of one Olubunmi Oyedele and stole her goods.

    He said that the accused sneaked into the shop and packed some of her clothes and shoes into a ‘Ghana must go’ sack.

    “The accused entered the complainant’s shop while she was sleeping and stole her goods.

    “A neighbour, who sighted the accused when he sneaked into the complainant’s shop, raised alarm when she saw the accused sneaking out with a sack of the stolen items.

    “The accused was arrested and the stolen items were recovered,’’ he said.

     

  • Lawyer to court: dismiss MTN’s suit against NCC

    A Lagos lawyer, Mr Tope Alabi, has urged the Federal High Court in Lagos to dismiss MTN Nigeria’s suit against the Nigerian Communications Commission (NCC).

    He said the N1.04trillion fine imposed on MTN is in order, adding that the telecoms firm has no reasonable case against NCC.

    According to Alabi, granting MTN’s reliefs will result in “people breaking one law and hiding under another law to escape liability.”

    MTN is urging court to quash the $3.9billion sanction imposed on it by NCC in October for failing to disconnect unregistered subscribers. The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion earlier this month. Yesterday was the payment deadline.

    But MTN through its lawyers led by a former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) is challenging NCC’s powers to impose the fine. It argued that NCC being a regulator cannot assume all the functions of the state.

    However, Alabi, in an application seeking to be joined as an interested party, said MTN’s suit is abuse of court process that must not be tolerated.

    The lawyer said for over three years, NCC had directed all service providers to register their SIM cards already sold and in circulation. He said he duly registered his line sometime in 2012 and MTN called him in 2013 to obtain further information towards completing the registration.

    “The first defendant (NCC) gave time limit for all subscribers to register their SIM cards. The time limit was also extended repeatedly. The plaintiff was in default to register 5,200,000 subscribers

    “The plaintiff could register all the 5,200,000 subscribers SIMs in default within the time limit and extended time given by the first defendant. I believe other service providers such as Airtel, GLO, Etisalat, Starcomm strictly complied with the first defendant’s directives without defaulting; except the plaintiff.

    “The plaintiff never denied it defaulted in registration of the 5,200,000 subscribers. The fine imposed on the plaintiff by the first defendant is in order. The suit of the plaintiff with reliefs sought therein will encourage culture of impunity in Nigeria.

    “The law under which the plaintiff is subjected to liability is justice-able and valid. It is in the interest of justice to grant this application for the applicant to defend this suit within the purview of the law,” Alabi said.

    Alibi prayed the court to grant his application so that he could prove that MTN has no reasonable cause of action against NCC, and that granting MTN’s prayers will encourage a culture of impunity in Nigeria “whereby people would do all kinds of illegal and unlawful acts and get away with it so long as they can secure legal service to escape liability.”

    He said: “My Lord, the plaintiff in this suit has not denied it defaulted in registration of 5, 200,000 subscribers. It only came before the court for sympathy that the fine of N200,000 per SIM is too excessive.

    “I know of fact that such a complaint does not warrant the court to quash the fine or the entire fine and set the plaintiff free to go home without fine. This, if the court allows, will massively lead to conduct of impunity of ‘I can do anything and nothing will happen’; so long as the court is there to set an offender free.

    “My Lord, we believe that Nigeria is not a dumping ground and at the same time, it is not a country of anything goes, neither is it a lawless country. The law under which the fine was imposed on the plaintiff is valid and subsisting and in accordance with the Constitution.

    “The plaintiff is seeking equity with dirty hands. The equitable jurisdiction of the court cannot be invoked mala fide by the plaintiff. We urge the court to so hold,” Alabi added.