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Tag: Court

Appeal Court reserves judgment in Delta poll dispute

The Appeal Court, sitting in Benin, the Edo State capital, has reserved judgment in the appeal challenging the verdict of Delta State Governorship Election Petitions Tribunal, which affirmed the victory of Dr Ifeanyi Okowa of the Peoples Democratic Party (PDP) as governor in the April 11 poll.

There was anxiety yesterday among All Progressives Congress (APC) and PDP members and supporters on the likely swing of the appellate court’s verdict.

The apprehension was heightened by reports that the judges handling the appeal had been changed.

The governorship petitions tribunal, which sat in Asaba, the state capital, on October 26, affirmed Okowa’s victory.

The tribunal dismissed the suit against the PDP and the Independent National Electoral Commission (INEC).

It dismissed petitions by APC’s candidate Olorogun O’tega Emerhor.

The Appeal Court reserved its judgment after parties adopted their final addresses in the petition by counsel to Emerhor and APC Chief Thomson Okpoko (SAN).

Chairman of the five-man panel of Appeal Court judges Justice Uwani Abba-Aji, who presided over the sitting, said the date of judgment would be communicated to the parties.

He assured everyone that justice would be done.

Emerhor and APC approached the Appeal Court, praying the court to set aside the tribunal’s judgment and order a rerun.

Among 11 grounds of appeal, the appellants said: “The learned justices erred in law when they failed to nullify the election due to substantial non-compliance with the Electoral Act, INEC’s guidelines and over-voting in 61 per cent of polling units in the state.”

The appellants also alleged a resort to manual accreditation, instead of the mandatory use of card readers.

Okpoko averred that the lower tribunal ignored the preponderance of evidence, praying the Appeal Court to allow the appeal and set aside the judgment of the tribunal.

The eminent lawyer also prayed the Appeal Court to annul the April 11 election, as required by law.

He sought the dismissal of the cross-appeal of the respondents for lacking merit.

The counsel to the first respondent (Okowa), Alex Iziyon (SAN); second respondent (PDP), Timothy Kehinde (SAN) and third respondent (INEC), Damian Dodo (SAN) urged the Appeal Court to dismiss the appeal with substantial cost against the petitioners.

They added that the appeal lacked merit.

December 18, 2015
Court sacks PDP Acting Chair Secondus

•PDP, party chief: we ’ll appeal

Justice Hussein Baba-Yusuf of the High Court of the Federal Territory (FCT), Maitama, Abuja yesterday sacked the Acting Chairman of the Peoples Democratic Party (PDP), Uche Secondus.

The judge, in a judgment in a suit by Ahmed Gulak, a former political adviser to ex-President Goodluck Jonathan, held that Secondus was occupying the party’s chairmanship seat illegally.

Justice Baba-Yusuf noted that Secondus was from Rivers State and not Northeast geopolitical zone to which the PDP zoned the position.

He gave Secondus 14 days within which to vacate the office and directed that the plaintiff or any other party member worthy of that position should take Secondus’ place.

Lawyer to the PDP and Secondus, Chuwan IsaiahPaul, said the party would appeal the judgment and seek a stay of its execution to allow the party’s leadership prepare for its national convention slated for March, next year.

Justice Baba-Yusuf rejected argument by Secondus and PDP (listed as defendants in the suit) that Gulak lacked the locus standi to initiate the suit, having allegedly defaulted in the payment of party’s due.

The judge also rejected the defendants’ argument that Gulak failed to explore the party’s internal mechanism for dispute resolution before approaching the court.

The judge had, on November 30, reserved judgment in the case after entertaining argument from parties.

Gulak had argued that Secondus was occupying the position illegally.

He contended that by virtue of the provision of Article 47(6) of the party’s constitution, “the 2nd defendant (Secondus) from Rivers State, cannot replace the immediate past chairman, Alhaji Adamu Muazu, who left office about seven months ago”.

He faulted the defendants’ claim that the party’s elders were working on a process to ensure a replacement for Muazu by next March.

Gulak argued that it was unlawful and a breach of the party’s constitutional provisions for Secondus to hold office for over seven months in acting capacity and refuse to allow a member from the geo-political zone, where the last chairman came from, to replace him.

December 16, 2015
Court returns five PDP lawmakers

An Appeal Court sitting in Akure, the Ondo State capital, yesterday said the election petition tribunal was right to have upheld the elections of five Peoples Democratic Party (PDP) members in the House of Assembly.

The court, led by Justice Nwosu Ihene, dismissed the cases by the All Progressives Congress (APC) candidates on the grounds that they lacked merit.

The victorious candidates are Deputy Speaker Fatai Olotu (Akoko North East); Kemisola Adesanya (Akure South I); Malachi Coker (Ilaje I); Abayomi Akinruntan (Ilaje II) and Tuyi Akintimehin (Idanre).

December 16, 2015
Court saves 30-year-old marriage from collapse

An Igando Customary Court in Lagos on Tuesday saved a 30-year-old marriage between Mr Sarafa Hassan and his wife Waliat from collapsing.

The president of the court, Mr Adegboyega Omilola, reconciled the couple, instead of dissolving the union, after the couple went through a series of counseling sessions.

While striking out the case, Omilola admonished the couple to maintain peace always.

“I urge you both to go home and continue in love and peace,’’ he said.

Mr. Sarafa Hassan, 60, a welder, had filed a suit for the dissolution of his 30-year-old marriage, claiming that his wife was always threatening to kill him.

“I received the tip off from a reliable source, warning me not to go home that my wife had set a trap for me to paralyse me, and a few minutes later, my wife called me several times to come home but I refused.

“She always hit me with dangerous weapons; she vowed to terminate my life and because of her threats, I ran away from the house I built and started sleeping in my shop.

“I have severally reported her to her family who always begged me to exercise patience that she will change but she never did,’’ he said.

The petitioner said that when he could no longer bear the situation, he married another woman to love and care for him, but that Waliat was also threatening his new wife.

“She always calls my new wife to tell her that she will become a widow soon,’’ he said.

He accused his wife of infidelity, alleging that she was having an affair with a landlord living on their street.

The husband described his wife as a thief that she was always stealing from him.

However, Mrs Waliat Hassan, a 49-year-old trader, denied all the allegations.

She said that she had never threatened to kill her husband nor has she attacked him with any dangerous weapons.

“How will I attempt to kill the father of my children? I can’t do that because it is my children that will suffer,’’ she said.

The mother of five denied dating the man her husband accused her of having an affair with, saying that she had been faithful to her husband since their marriage.
Waliat also denied threatening to kill the man’s other wife, adding that she only told her husband not to bring the woman to their house.

She begged the court not to grant her husband’s wish for the dissolution of the marriage, insisting that she still loved him.

December 15, 2015
Court dismisses Stanbic IBTC, KPMG’s suits against FRC

The Federal High Court in Lagos on yesterday dismissed separate suits filed by Stanbic IBTC Holdings Plc and KPMG Professional Services challenging the sanctions imposed on them by the Financial Reporting Council of Nigeria (FRC).

Stanbic IBTC had filed its suit following the suspension of its chairman, Mr. Atedo Peterside, and three directors by FRC, over alleged irregularities in their financial statements for 2013 and 2014.

KPMG and its partner Ayodele Othihiwa challenged FRC’s ‘regulatory decision’ against them following their role in the controversial financial statements.

They challenged the suspension of Othihiwa by FRC for alleged complicity of KPMG in the financial statements.

Justice Ibrahim Buba dismissed the N100m fundamental rights enforcement suit filed against the council and its Executive Secretary, Mr. Jim Obazee, by KPMG.

Justice Buba resolved all the issues raised by Stanbic IBTC in its suit in favour of FRC and dismissed the suit for lacking in merit.

The judge said it was up to the court to protect Nigeria and non-Nigerian investors when capital flight was becoming a problem.

“This court is unable to answer all the questions set by the plaintiff in favour of the plaintiff; rather against the plaintiff in favour of the defendants.

“All the issues argued are resolved against the plaintiff. This court must purposely, through judicial creativity, interpret our legislation meaningfully in these days of gross capital flight.

“Nigerian courts must protect Nigerian and non-Nigerian investors. This court is unable to agree with the plaintiff’s position” the judge held.

Before the main suit was heard, Justice Buba had restrained FRC from obstructing the operations of Stanbic IBTC.

The judge barred FRC from preventing the plaintiff or its subsidiaries “from carrying on their lawful businesses.”

Justice Buba ruled on an motion on notice for orders of injunction against FRCN and the National Office for Technology Acquisition and Promotion (NOTAP).

The plaintiff said FRC, since August 3, had been investigating its audited accounts for the year ended December 2014.

The investigations concern liabilities accrued in the plaintiff’s 2014 accounts in respect of franchise fees owed to Standard Bank of South Africa, the registration of which it said has been pending before NOTAP since 2011.

December 15, 2015
Court dismisses suit seeking to stop Ekiti council polls

•APC kicks

An Ado-Ekiti High Court yesterday struck out a suit by the All Progressives Congress (APC) challenging the composition of the State Independent Electoral Commission (SIEC).

The dismissal has cleared the way for the local government elections scheduled to hold on Saturday.

The APC claimed that the SIEC Chairman, Justice Kayode Bamisile (rtd) and other members were card-carrying members of the Peoples Democratic Party (PDP) and associates of Governor Ayo Fayose.

The opposition said allowing them to conduct the election would not allow for free and fair local government poll.

Justice Bamidele Omotoso dismissed the suit for lacking merit and held that the claimants failed to prove its case beyond reasonable doubt.

Justice Omotoso held that the claimants failed in their claim probing the retirement of Justice Bamisile and failed to attach necessary evidence.

The court also viewed the conflicting evidence before it and considered the issue of who is the PDP secretary immaterial to the case.

The judge described the plaintiff as interlopers and busybodies, who were crying louder than the bereaved.

He said the allegations were spurious because the plaintiff’s counsel missed the point through his argument.

But the APC said the verdict was an indication that the Ekiti judiciary was going through a trying period and under Fayose’s alleged brutality.

In a statement by its Publicity Secretary, Taiwo Olatunbosun, the opposition expressed shock that the judge allegedly brushed aside what it called ‘incontrovertible evidence’ that members of SIEC were bonafide members of PDP.

The APC said: “The Ekiti temple of justice is going through a trial period under a government that has done all outside the law to muscle and subdue the judiciary.

“APC sympathises with the judiciary and Ekiti people at this moment. The judge is partial in his submissions, which evidently stood law and logic on its head.

“We are witnessing a constitutional somersault in Ekiti under the maximum rule of Fayose and the judiciary, which is supposed to be the hope of the hopeless in ensuring strict compliance to the rule of law, is in fearful alliance with the governor.

“The party will appeal the judgment since we know it cannot stand the judicial efficiency and legal scrutiny of the appellate court

“We will not allow the charade called SIEC to stand. We maintain that the composition of Ekiti SIEC did not follow the due process and the law.

“We call on the National Judicial Council (NJC) to beam its searchlight on Ekiti State Judiciary to probe the quality of judgments by the judges before Ekiti people are turned victims of injustice in the hands of judicial officials.”

December 15, 2015
Court decides Ben Bruce’s dual citizenship case Dec 17

A Federal High Court in Abuja will on December 17 deliver judgment in a suit on whether Senator Ben Murray Bruce, having sworn an oath of allegiance to the United States, is qualified to occupy the office of a Senator of the Federal Republic of Nigeria.

Justice Abdul Kafarati, in an originating summons filed by one of the contestants in the Bayelsa East Senatorial District election, Chief Anthony George-Ikoli (SAN), has been asked to determine whether a man with a dual citizenship, who swore to an oath repudiating his citizenship can aspire to become a Senator of the same country.

George-Ikoli approached the court to determine the issue of Bruce’s dual citizenship and the naturalisation oath of allegiance he swore to the US. George-Ikoli is the first Senior Advocate of Nigeria from Bayelsa State as well as the grandson of foremost nationalist, Ernest Ikoli, and the immediate past Attorney-General of the state under the governorship of Timipre Sylva.

In his Originating Summons, he asked the court to determine: Whether having regard to the combined provisions of Sections 66(1)(a) and 28(1) of the 1999 Constitution, an aspirant for the elective office of Senator, who whilst voluntarily acquiring the citizenship of another country (that is the United States of America) and in the process of which he (the aspirant) declares on oath, the absolute and entire renunciation of citizenship of and allegiance and fidelity to Nigeria can without more be eligible and seek election to the office of Senator.

December 15, 2015
N2.1bn alleged fraud: Court grants Dokpesi bail

A Federal High Court Abuja on Monday granted bail to former Chairman of African Independent Television (AIT) Raymond Dokpesi, who is standing trial over alleged N2.1bn fraud.

In a ruling of the court, Justice Gabriel Kolawole granted bail to Dokpesi in the sum of N400 million and two sureties in like sum.

He said that each surety must have a landed property worth N200 million each.

Kolawole said that one of the sureties must be a serving or retired civil servant of the rank of a director in either the federal or state civil service.

He said, if retired, the surety must show a retirement letter indicating the organisation where he or she had served.

Kolawole also said that the second surety must be a private entrepreneur with evidence of three years tax clearance certificate and a verifiable landed property worth N200 million.

He said the sureties must sign an undertaking of forfeiture of the property to the Federal Government, in the event that the defendant did not make himself available for trial.

The judge ordered that the international passport of the defendant should be deposited with the registrar of the court.

He said failure to perfect the bail conditions, the defendant should be remanded in Kuje prison pending the time all the conditions would be met.

He also directed that Dokpesi should not be arrested by any government agency for any investigation.

He said that if any government agency wanted further investigation on the case, it should approach the defendant’s lawyers to make him available.

Dokpesi is standing trial alongside his company, DAAR Investment and Holdings Ltd, on a six-count-charge bordering on money laundering and contract fraud to the tune of N2.1billion.

December 14, 2015
Court orders detention of Dokpesi in EFCC custody

A Federal High Court, Abuja has again, ordered that Raymond Dokpesi be detained in the custody of the Economic and Financial Crimes Commission (EFCC) pending ruling in his bail application on December 14.

Dokpesi, the former chairman of DAAR Investment and Holdings Ltd., is standing trial on a six-count-charge bordering on money laundering and contract fraud to the tune of N2.1billion.

Justice Gabriel Kolawole gave the order for the remand of the defendant, after lawyers in the trial had argued for and against his bail application.

“The court cannot deliver ruling immediately because all the processes filed by the parties are not before the court.

“I will need time to assimilate all the facts and the authorities cited by both counsel to the prosecution and the defense,’’ he said.

Earlier, Dokpesi’s lawyer, Mike Ozekhome (SAN), had urged the court to grant bail to his client on self recognition or on liberal terms.

Ozekhome argued that section 128 and 129 of the Administration of Criminal Justice Act (ACJA) 2015 stipulates that the offences on money laundering and contract are bailable.

The lawyer said that Dokpesi was billed to travel abroad for medical treatment when EFCC invited him.

He added that the medical appointment letter and the entire travelling documents were attached to the application.

He said that his client would have proceeded on the medical trip abroad but for the invitation of the EFCC.

Ozekhome argued that health related issues were enough reason for the court to exercise its discretion in favour of his client.

He said that the defendant had families and businesses in Nigeria and would have no reason to jump bail if granted.

Opposing the application, EFCC lawyer, Rotimi Jacobs (SAN) said that the offences the respondent was charged for were not bailable.

“For court to grant a bail, it has to look at the nature of the charges preferred against a defendant.

“One of the charges the applicant is standing trial for carries five years to seven years imprisonment.

“Looking at the evidence available, N2.1 billion was fraudulently paid to the defendant from funds meant for fighting insurgency.

“We all know that many people have lost their lives to insurgency because of corruption in high places.

“Therefore, the charges against the defendant are more of a capital offence.

“A cursory look at the medical appointment letter relied upon by the applicant shows that it was acquired for the purpose of this trial.

“Besides, the applicant did not disclose the nature of the sickness he is going abroad to treat.

“I therefore urged My Lord to dismiss the application of the defendant for lacking in merit,’’ he said.

Jacobs also argued that granting the defendant bail would prejudice investigation by the prosecution

December 10, 2015
Man in court over alleged unlawful conduct

A 37-year-old man, Opeyemi Ogunrinde, was on Thursday arraigned in a Surulere Chief Magistrates’ Court, Abuja, over alleged unlawful conduct.

He is standing trial for compelling one Friday Oronsaye, a staff of EKO Electricity Distribution Company, to descend from an electric pole.

The accused who lives at No. 2 Oladipo Labinjo Crescent, off Akinsemoyin St., Surulere Lagos is facing a two-count charge of unlawful conduct and unlawful obstruction.

Ogunrinde pleaded not guilty to the charges.

The prosecutor, Insp. Gabriel Ekundayo told the court that the accused committed the offences at his resident around 12.00 p.m. on Dec.9.

He said Oransaye and some workers of EKO Electricity Distribution were on official duty to read the meter installed at the resident of the accused.

“Oransaye and his colleagues while reading the meter of the accused saw that on the bill the sum of N142, 836. 96 was owed.

“The directive from the office was that he should disconnect the light of any bill above N50, 000.

“When he climbed the pole to disconnect their light, the accused started shaking the ladder and unlawfully disallowed him from performing his lawful duty,’’ he said.

Ekundayo said that the offences contravened Sections 166(D) and 117(2) of the Criminal Laws of Lagos State 2011.

The Chief Magistrate, Mrs M.I. Dan-Oni, granted the accused bail in the sum of N50, 000 with one surety in like sum.

The magistrate adjourned the case till Jan. 20, 2016.

December 10, 2015