A Federal High Court sitting in Port Harcourt, Thursday, nullified the 22 elected local government councils in the state.
Details later……
Tag: Court
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Court compels WAEC to release malpractice details
Justice E.S Chukwu of the Federal High Court Abuja has granted the Exam Ethics Marshals International leave to apply for an Order of Mandamus.
This order compels the West Africa Examinations Council (WAEC) to make available documents and information related to names of invigilators and supervisors reported, to States’ Ministries of Education for aiding examination malpractice in May/June 2013 and May/June2014 West African Senior School Certificate Examination (WASSCE), as well as the November/ December 2014 WASSCE.
Exam Ethics Marshals International is an NGO that has been campaigning against exam malpractice, academic dishonesty and corruption in education since 1996.
In a statement, founding chairman of the group, Ike Onyechere, explained that they applied for the order under the Freedom of Information (FoI) Act after WAEC ignored letters to release the information.
He said: “Exam Ethics had written a letter dated May 12, 2015 to WAEC requesting the Council to provide information regarding the names of candidates, schools, exam centres, invigilators and supervisors indicted or reported to State Ministries of Education for aiding and abetting exam malpractices in May/June 2013 and November/December 2014 WAEC exams. The request was sequel to a press conference by WAEC where it announced sanctions against examination administrators who aided and abetted malpractice without providing the names of those sanctioned”.
He also said WAEC did not comply with the seven days ultimatum statutorily stipulated in the FoI Act which made Exam Ethics to proceed to court to seek for an Order of Mandamus compelling WAEC to release the information in line with provisions of the Act.
Onyechere had argued in an affidavit deposed at the Federal High Court on June 2, 2015 that non-disclosure of the names of indicted supervisors and invigilators made it possible for them to continue to participate in administration of public examinations and continue in the practice of compromising the integrity of public examinations.
The Court adjourned the case to July 15, 2015 for hearing of the substantive application.
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Court orders Nnamani to forfeit assets to Fed Govt
A Federal High Court in Lagos yesterday ordered the forfeiture of multi-billion naira assets allegedly belonging to a former Enugu State Governor, Dr. Chimaroke Nnamani, to the Federal Government.
Among the forfeited assets are undeveloped properties and transmission equipment of Rainbownet Limited; property of Hill Gate Investment Limited/Cuena Phones Limited; assets of Cosmo 105.5FM, and 22 duplexes at Ebeano Estate (now Fidelity Estate).
Others are Rainbownet’s shares in Zenith Bank and Guaranty Trust Bank, with a combined account balance of N4.6 million; as well as money in its bank accounts worth about N34.8 million.
The balances are in different accounts with GTBank (N313,700); Sterling Bank (N986,958); Ecobank (N24.5 million); First City Monument Bank (N3.8 million) and Zenith Bank (N761,156).
EFCC said it was awaiting details of balances in Rainbownet’s 10 accounts with Access Bank.
Rainbownet’s undeveloped property forfeited include seven plots at Independence Layout; 567.96 Square metres (Sqm) at Abakpa; 574.96 Sqm at Emene and 2,951.98 Sqm at Achara Layout.
Others to be forfeited include thousands of square metres of properties at Abia State, namely Ogbor Hill (914.633), Abayi (one and half plots), Port Harcourt Road (1,856.449), Ariaria (640.32), Umuagari (573.263) and Assannetu (954.396), as well as Abakiliki, Ebonyi State (one plot).
Also, in Onitsha, Anambra State, are Barracks (one plot), Nkpor (1088.644), Awada (465.14), Fegge (one plot); as well as 2,200.06 square miles of land at Okpumo, Awka.
The company is also to lose 693.636 square metres of undeveloped property located opposite the War Museum, Umuahia.
Assets of Rainbownet Communications Limited, including Central Switch Room, Microwave Radio, Rectifier, Microwave Backhaul Transmission, among others at various locations in Anambra, Ebonyi, Enugu, Abia and Imo states are to be forfeited.
The former senator was charged along with his former aide, Sunday Anyaogu, and six firms – Rainbownet, Hillgate Nigeria, Cosmos FM, Capital City Automobile Nig Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.
Justice Mohammed Yunusa later split Nnamani’s trial from his co-accused as he was abroad receiving treatment.
EFCC re-arraigned them on 105 counts of money laundering and economic crimes involving about N4.5 billion.
Part of the alleged laundered money was from the Excess Crude Oil Funds meant for some local government areas, including Aninri, Enugu South, Agwu, Igbo Etiti and Isi Uzor, which was allegedly transferred to Nnamani’s bank account in the United States (U.S.).
The crime was allegedly committed while Nnamani was governor between 1999 and 2007. The defendants pleaded not guilty.
However, after the trial was split, four of the companies on May 19 pleaded guilty to a 10-count amended charge through their counsel.
The companies are Rainbownet, Cosmos FM, Capital City Automobile and Renaissance University Teaching Hospital.
They were alleged to have failed to comply with lawful enquiries by the commission.
On June 11, Justice Yunusa adjourned to July 7 for review of facts and sentences after EFCC’s lawyer Kelvin Uzozie told the court that he was still trying to get a list of all the companies’ assets.
Yesterday, he prayed the court to convict the companies in view of their plea after tendering some documents, including the assets’ schedule.
He urged the court to make an order of the assets’ forfeiture, and for the commission to be involved in their management.
The companies’ lawyer, Mr. Ifeanyi Ezeome, during the alucutus (plea for mercy), urged the court to temper justice with mercy since they were first offenders.
Justice Yunusa, who said a company can be treated as a natural person in law, ordered that “the property listed in the schedule be forfeited to the Federal Government.”
He adjourned till November 12 for the trial of the remaining accused persons.
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Snake found in Magistrate’s chambers
There was pandemonium at a court in Ejigbo, Lagos, after a snake was discovered in the chambers of one of the Magistrates.
The incident which occurred at about 8:30am on Monday terrified the court support staff, who were at the time preparing to receive the newly posted Magistrate, Akeem Fashola.
The Nation gathered that the Magistrate, who resumed duty at the court premises and had sat on his desk, did not know there was a green snake beside his table.
“Oga was in the office and he had sat down for some time. He stood up and went into the toilet to allow the cleaner continue sweeping when she got close to his seat.
“It was the cleaner’s scream that attracted all our attention. She said as she was sweeping, her broom swept something that was heavy.
“And she looked up and realised it was a green snake. And the snake at the same time, skipped to the other side of the office, near the cabinets, where it hid.
“It was at the point that we came in and killed the snake. We are really shocked because no one could explain how the snake entered the chambers,” a court worker said.
When The Nation went round the premises to find out if there are bushes, it was observed that the place was clean.
However, litigants said there was a possibility that the snake crawled from the International Airport which shares a common boundary with the court.
They appealed to relevant federal government agencies in charge of maintaining the airports to clear the bushes and fumigate the general area to avoid any misfortune.
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Court orders forfeiture of Nnamani’s assets
The Federal High Court in Lagos Tuesday ordered the forfeiture of multi-billion naira assets allegedly belonging to a former Enugu State Governor, Dr. Chimaroke Nnamani.
Among the forfeited assets are undeveloped properties and transmission equipment of Rainbownet Limited; properties of Hill Gate Investment Limited/Cuena Phones Limited; assets of Cosmo 105.5FM, and 22 duplexes at Ebeano Estate (now Fidelity Estate).
Others are Rainbownet’s shares in Zenith Bank and Guarantee Trust Bank, with a combined account balance of N4.6million; as well as monies in its bank accounts worth about N34.8million.
The balances are in different accounts with GTBank (N313,700); Sterling Bank (N986,958); Ecobank (N24.5million); First City Monument Bank (N3.8million) and Zenith Bank (N761,156).
EFCC said it is awaiting details of balances in Rainbownet’s 10 accounts with Access Bank.
Rainbownet’s undeveloped properties forfeited include seven plots at Independence Layout; 567.96 Square meters (Sqm) at Abakpa; 574.96 Sqm at Emene and 2,951.98 Sqm at Achara Layout.
Others to be forfeited include thousands of square metres of properties at Abia State, namely Ogbor Hill (914.633), Abayi (one and half plots), Port Harcourt Road (1,856.449), Ariaria (640.32), Umuagari (573.263) and Assannetu (954.396), as well as Abakiliki, Ebonyi State (one plot).
Others are in Onitsha, Anambra State, such those at Barracks (one plot), Nkpor (1088.644), Awada (465.14), Fegge (one plot); as well as 2,200.06 square miles of land at Okpumo, Awka.
The company is also to lose 693.636 square meters of undeveloped property located opposite the War Museum, Umuahia.
Assets of Rainbownet Communications Limited, including Central Switch Room, Microwave Radio, Rectifier, Microwave Backhaul Transmission, among others at various locations in Anambra, Ebonyi, Enugu, Abia and Imo states are to be forfeited.
The former senator was charged along with his former aide, Sunday Anyaogu, and six firms – Rainbownet, Hillgate Nigeria, Cosmos FM, Capital City Automobile Nig Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.
Justice Mohammed Yunusa later split Nnamani’s trial from his co-accused as he was abroad receiving treatment.
EFCC re-arraigned them on 105 counts of money laundering and economic crimes involving about N4.5billion.
Part of the alleged laundered money was from the Excess Crude Oil Funds meant for some local government areas, including Aninri, Enugu South, Agwu, Igbo Etiti and Isi Uzor, which was allegedly transferred to Nnamani’s bank account in the United States.
The crime was allegedly committed while Nnamani was governor between 1999 and 2007. The defendants pleaded not guilty.
However, after the trial was split, four of the companies on May 19 pleaded guilty to a 10-count amended charge through their counsel.
The companies are Rainbownet, Cosmos FM, Capital City Automobile and Renaissance University Teaching Hospital.
They were alleged to have failed to comply with lawful inquiry made by the Commission.
On June 11, Justice Yunusa adjourned to July 7 for review of facts and sentences after EFCC’s lawyer Kelvin Uzozie told the court that he was still trying to get a list of all the companies’ assets.
He prayed the court to convict the companies in view of their plea after tendering some documents, including the assets’ schedule.
He also urged the court to make an order of the assets’ forfeiture, and for the commission to be involved in their management.
The companies’ lawyer Mr Ifeanyi Ezeome, during the alucutus (plea for mercy), urged the court temper justice with mercy since they were first offenders.
Justice Yunusa, said a company can be treated as a natural person in law and held that: “It is hereby ordered that the properties listed in the schedule be forfeited to the Federal Government.”
He adjourned till November 12 for the trial of the remaining accused persons.
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N10b suit: Braithwaite accuses bank’s witness of misleading court
A defence witness in a N10 billion suit against Standard Chartered Bank, Mr. Olugbenga Akinmoladun, has told a Lagos High Court, Ikeja that the error as regards the date on his expert report on when the bank obtained its development permit was a mistake.
Akinmoladun, who was under cross-examination by the claimant, Dr. Tunji Braithwaite said the mistake was a typographical error.
But Braithwaite disagreed with the witness, contending that it was a deliberate falsehood intended to mislead the court.
“I put it to you that you are in error when you said there was approved building permit. The error is a deliberate falsehood to mislead this court”, Braithwaite declared.
The witness had written in his report that the development permit, marked exhibit D5 is dated September 9, 2010 contrary to the actual date of June 2, 2010 on the document.
Dr. Braithwaite is seeking an order declaring as illegal the erection of a 14-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island, Lagos and for demolition.
He claimed that he is uncomfortable with the bank’s installation of giant industrial generators directly opposite his house, saying that the generator would create fumes and noise capable of shattering the air and the serenity of the environment.
Under cross examination by the claimant, the witness denied that the structure did not have a protective net but insisted on having seen a protective net at the 14th floor when he got to site. He also insisted that the airspace did not fall short of the requirements of Lagos State building regulations.
Akinmoladun had claimed in his report that he physically measured the distance between the construction site and the claimant’s residence, adding that it is ‘about the size of a standard plot of land’.
“The distance between the project and the claimant house is the size of a standard plot of land. I measured it. Our measurement is not faulty”, he stated. But the claimant disagreed and asked the witness why he speculated and failed to put the exact figure, if he actually measured it.
The witness said it was because he didn’t consider it as necessary nor that it would become a bone of contention.
Earlier when led in evidence by defence counsel, Adeniyi Adegbonmire , the witness claimed to be a senior lecturer in the Department of Urban and Regional Planning of the University of Lagos (UNILAG) and also a registered town planner with more than 25 years experience but that he is yet to obtain a doctorate degree in the profession.
“I am a lecturer at UNILAG. I am a senior lecturer and the first head of department of Urban and Regional Planning, UNILAG. I have been involved in World Bank infrastructure development project in Akwa Ibom, Niger and Ondo states. I also did the EIA of Diamond bank. I also did the EIA and building approval for City Bank. I took part in the building process and approval in Shoprite in Ikeja. I did the same for American International High School at Chevron drive. I have also been involved in land administration of UNILAG consult in Kaduna state”, he said.
Adegbonmire tendered two reports before the court and the trial judge, Doris Okuwobi through Akinmoladun and they were admitted as exhibits D15 and D16 respectively.
The reports tendered were Advocacy Planning Report in respect of the property situated at 142, Ahmadu Bello Way, Victoria Island and the review of claimants reply to defendant’s statement of defence dated July 2013 and August 2014 respectively prepared by Olak Consult.
He said he prepared the report for Standard Chartered Bank in respect of the building approval of the property to counter the claimant’s expert ýreport.
As a result of the development, the claimant said he would be praying the court for physical inspection and measurement by a neutral body.
”The claimant will be bring an application for an order for physical and actual measurement of the project site by either the president of town planning association or surveyor general in view of the manifest conflict in the evidence of both sides on the core issue”, he said.
Justice Okuwobi subsequently adjourned proceedings to October 22, 2015 for further direction.
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Court upholds family’s land title
The Ogun State High Court sitting in Abeokuta has upheld the Ilamiro Ilashe family’s claim to a parcel of land at Agbara in Ado-Odo/Ota Local Government.
The Ilamiro Chieftaincy family of Igbesa, through the Ajaguna of Ilamiro land, Chief Adele Alayan and Mr Nureni Orokoko sued Mr Segun Sodipo, Rafiu Apesin, Waheed Yusuf and Abiodun Adepoju (for themselves and on behalf of Agbara community), over the land.
Justice A. A. Akinyemi declared that the plaintiffs, who joined Chief S. O Opara and Chief Akanni Soyombo as defendants, were entitled to the land with Survey Plan no. FF/700/OG/89. He made an order of perpetual injunction restraining all the judgment-debtors from the land.
He held: “I am satisfied that the evidence of traditional history proffered by the plaintiffs is sufficient, on a balance of probabilities, to entitle them to a declaration of title to the land in dispute.”
The judge, in the suit numbered HCT/2007/97, awarded N 100,000 damages to the plaintiffs because Alayan had testified that on June 23, 1995, the defendants led thugs to invade the land and demolish their family house.
“There is evidence, which I believe, showing that the plaintiffs were in exclusive possession of the land and that the defendants entered the land to disturb their possession. Trespass is unlawful interference with land in exclusive possession of another and is actionable per se,” the judge held.
The Court of Appeal in Ibadan also dismissed an appeal on the judgment by Sodipo because no records were transmitted from the lower court. In a judgment by Justice M.B Dongban-Mensem, the court held: “We agree that the appeal is stale and is liable to be and is hereby dismissed.”
Meanwhile, the Inspector-General of Police, on June 17, directed the Commissioner of Police in Ogun State to investigate a petition by the plaintiffs through their lawyer Bode Oyeyemi.
In the petition, the family said the defendants have “flagrantly” disobeyed the subsisting judgment by allegedly moving into the land with over 500 heavily armed thugs who chased the family members away and prevented them from “reaping the fruits of their hard earned judgment while they (defendants) are busy selling our land at the speed of light at the cheapest rates.”
Chief Alayan has warned the unsuspecting members of the public against paying the wrong people for the land. “Buyers have to go to the rightful owner to buy the land genuinely, not the trespasser. If anybody is buying the land without my signature on the land document, he/she has wasted his money,” he said in a statement.
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Contempt: Court hears FHA Home MD’s suit tomorrow
The National Industrial Court of Nigeria will tomorrow hear a contempt application by Managing Director of FHA Homes Limited Mr Roland Igbinoba against the Managing Director/Chief Executive Officer of the Federal Housing Authority (FHA) Prof. Mohammed Al-Amin.
The plaintiff, who is challenging his suspension, initiated contempt proceedings against Al-Amin and Haytuddeen Atiku Awwal (appointed to act in Igbinobia’s place) for their refusal to obey a June 19 court order directing his reinstatement.
Justice Maureen Ewose had granted an order of interim injunction restraining the respondents, including FHA, FHA Homes and Prof Al-Amin, their directors or agents from implementing a June 2 letter by Al-Amin purportedly suspending Igbinoba.
The court made an order directing the respondents to reverse all the steps taken by them based on the letter, and to restore the control and powers vested in Igbinoba as Managing Director pending the hearing and determination of his Motion on Notice.
“Both parties in this matter are hereby ordered to maintain the status quo ante bellum until the Motion on Notice is heard and determined,” the judge held.
The orders were made following an affidavit of urgency filed on Igbinoba’s behalf by his lawyer Mr Chukwun-weike Okafor.
Igbinoba, in the contempt proceedings, stated that despite being served with the interim order, Al-Amin has refused to reverse the suspension, while Awwal has yet to vacate his Acting MD position.
In the application for an order of committal dated June 30, Igbinoba is praying the court to commit both Al-Amin and Awwal to prison for disobeying the court order.
The application is on the ground that Al-Amin had in various paid advertorials and interviews “acknowledged being aware of the court order of June 19, 2015.
“The said Haytudeed Awal Atiku refused to vacate the position of the Managing Director wherein he said the third respondent (Al-Amin) has informed him not to vacate the said position.”
The plaintiff is, therefore, seeking “an order of committal to prison custody of the third respondent for disobeying the order.
In the second prayer, the applicant asked for “an order of committal to prison custody of Haytuddeen Awal Atiku (Acting Managing Director, FHA Homes Ltd)” for also disobeying the order.
Igbinoba, in his originating processes, accused the Board of Directors headed by Al-Amin of not giving him an opportunity to defend himself against allegations against him before he was purportedly suspended.
He was summoned to an emergency board meeting of the FHA Homes Ltd at the instance of Al-Amin where he was given the letter containing what he called unsubstantiated and frivolous allegations.
He, therefore, asked the court to order his reinstatement and declare his suspension as illegal, null, void and of no effect.
Igbinoba, a mortgage banking professional, had been head-hunted from his Lagos base to turn around the fortunes of the mortgage finance arm of the FHA in 2013.
Al-Amin, who doubles as Chairman of the Board of FHA Mortgage Bank, directed Igbinoba to proceed on suspension so that allegations against him could be investigated.
The decision to suspend him was said to have been taken on June 2 following a board consideration of an Interim Report of the Committee to reconcile the Authority’s Financial/Property Standing with FHA Mortgage Bank.
Problems were said to have become apparent in January when Igbinoba reportedly handed over to the most senior Deputy Manager while proceeding on his annual leave. Al-amin was said to have reversed the action and replaced the Acting MD with another Deputy Manager, Awwal.
On resumption, Igbinoba would not honour some of the transactions initiated by the acting MD and approved by Al-Amin, insisting they did not follow due process.
Igbinoba, who was appointed on July 19, 2013, said due to the reforms he implemented, unaudited results for 2014 showed a profit before tax of N226 million, which he said was the first time in over a decade of the bank’s existence that it would make profit for two consecutive years.
He said having brought the bank to some level of profitability and stability in the last two years, his suspension came as a surprise.
On the in-house Committee Report by FHA, Igbinoba said he saw it for the first time during the emergency meeting. “If I had the opportunity of seeing the report before the emergency board meeting, I would have come with documentary evidence to refute the allegations levelled against me.
“As it appeared I was already judged by the report as I did not get a chance of fair hearing or even defend myself. However, I have made efforts to provide some documentation to correct the misrepresentations in the report based on the available documentation I have at this time,” he said.
On CBN’s Supervisory Report, Igbinoba said there were several anomalies in it, even as his management team was working on the relevant recommendations.
“Some of the anomalies in the CBN report are that profit for 2013 is N27.09m whereas the same CBN approved audited report for the bank at N147m for the same year,” he said.
On allegation of granting loans without board approvals, Igbinoba said: “We have not granted any loans without Board approval other than the loans that are within the approval limit of the Management Credit Committee.”
On his alleged failure to open an Escrow account to warehouse the proceeds of sales of recapitalised assets of the bank, he said they are ongoing and are warehoused in several accounts, all of which are accounted for as shown in the audited report for 2013 and unaudited report for 2014.
On allegation that he granted mortgage and personal loans to himself without disclosure and board approval, Igbinoba said he had never singlehandedly signed off on any loan in-spite of his approved limit.
On employment of staff without recourse to the Board of Directors for approval, he said: “At no point have we employed new staff without the approval of the board. At present I do not have the details of the staff member(s) that falls under this category as claimed by the chairman.
On his alleged failure to comply with the directives of the Board of Directors on the unilateral deployment of the Acting Heads of Finance and Operations, he said the redeployments were meant to address capacity issues, adding that the board committee resolved that it was justified.
On his “failure” to comply with the directive of the supervisory ministry on the recall of former staff, he said: “Upon receipt of the letter from the Ministry, we respectfully sought for some clarifications and pleaded for their response. As at date we are awaiting the response from the ministry.”
“I wish to state that the presentation of the FHA Interim Report of the Committee to Reconcile the Authority’s Financial /Property Standing with FHA Mortgage Bank at the last emergency meeting, and the decline to my request for time to present a written response with full documentation clearly indicates that I was not given a fair hearing before the decision to suspend me from office was taken at that meeting. Furthermore, I was confronted with the said report for the first time the day I was suspended.
“Despite my several letters and reminder to the Permanent Secretary on these issues nothing has been done by the Ministry,” he said.
Igbinoba accused Al-Amin of playing the role of chairman and CEO at the bank and interfering with its hierarchical structure bypassing the next most senior confirmed staff Mr. Zabura Usman and handing over to Awwal.
The plaintiff said Awwal allegedly originated the N14.7 million Gwarimpa Branch renovation, with Al- Amin’s approval, without the Board or Board Finance and General Purpose Committee’s input.
He added that Al-Amin reversed the redeployment of the Acting Head of Finance, which is strictly a management function, even though the Board Establishment Committee had backed the redeployment.
Besides, Igbinoba said Al-Amin unilaterally replaced him as the representative of the Nigerian Mortgage Refinancing Company (NMRC) with Awwal.
“Finally, it is important to state that the core reason for the victimisation and harassment from Prof Al- Amin is premised on his unilateral approval in my absence to renovate the bank’s Gwarimpa Branch with the sum of N14.7 million with a contractor.
“The approval did not follow due process and was not considered either at the Board’s Finance & General Purpose Committee or at the Board level. I could not implement the award because of this reason.
“He waited for the immediate past Hon. Minister of Lands, Housing and Urban Development, Dr. Akon Eyakenyi to leave office before he perpetuated the illegal suspension.
“On hearing of fraudulent contract approval and usurping of management functions in the bank, the Hon. Minister had clearly told Prof. Al-Amin to stop interfering with the reforms program that Mr. Igbinoba has been carrying out with huge success for the last two financial years of the bank.
“But once the minister left on the May 29, Prof Al-Amin called for the emergency meeting to illegally suspend me,” the plaintiff added.
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Human rights violation: Businessman drags IGP, others to court
A businessman, Gbenga Ajugu, has sued the Inspector-General of Police (IGP), Solomon Arase, over the alleged infringement of his rights by personnel of the Force Intelligence Bureau Annexe (FIB), Obalende, Lagos.
Ajugu, the Managing Director of Microdigits Computers and Allied Services, instituted the suit before an Ikeja High Court after the police officers allegedly impounded his car and other valuable documents for over three months, to favour his business partner and M.D. Krypton Technologies, Sijuade Adewunmi.
Joined as respondents with the IGP in the suit are the Commissioner of Police; one ACP Bankole; CSP Lawal; the Investigating Police Officer ( IPO) Siji Ogunniyi; Inspector Akindele of FIB; Krypton Technologies, Sijuade Adewunmi, as well as former employees of Microdigits, Ayodele Alade, Monsuru Aregbe and Akinyemi Olushola.
Microdigits, a firm that specialises in the installation of Close Circuit Television (CCTV), fire alarm gadgets among others, last year entered into partnership with Krypton technologies to render its services at a hotel in Abeokuta, Ogun State, where Krypton secured a contract.
Following the satisfaction derived from the services rendered, another contract was awarded but disagreement over who would supply the gadgets for the new contract made the duo fall apart.
The police had arrested and detained Ajugu as well as confiscated his properties and other documents following allegations by Adewunmi that he was owing him N2.5 million, just as they threatened to deal with him should he not pay the said debt.
Ajugu who alleged that the FIB men were simply acting out a script written by Adewunmi with the directive of a Commissioner of Police (CP), said if the law enforcement agency had done their investigation, they would have discovered that it was Adewunmi who was owing him.
Alleging threats to life, Ajugu claimed Adewunmi had physically threatened to deal with him, accusing the police of perpetrating injustice.
Narrating what transpired between them, Ajugu said trouble started between them after he refused the supply of CCTV Cameras to him from a man introduced by Adewunmi.
He said: “Sijuade (Adewunmi) and his company, Krypton have never undertaken these kind of jobs before but saw it as an opportunity to explore and make money.
“Meanwhile, Microdigits has got an impressive track record, so it was a jolly sweet beginning as our relationship blossomed and together we executed the first project in Abeokuta and left it at 70 per cent completion because other contractors were yet to finish up with the civil work.
“Gladly Microdigits provided her impeccable tract record and Krypton used this to scout for other jobs, beginning with an Abeokuta job at a hotel called IBD hotels.
“Sijuade Adewumi of Krypton and his senior partner (Tosin Adebowale) who got the job were so impressed and promised they would scout for more jobs so Micridigits would continue to be their technical partner.
“By November last year, Krypton Technologies came with a blank Bill of Quantity (BoQ) from a company EMKAISER, with the prospect of securing another multimillion naira job.
“Microdigits swung into action and delivered the expected pricing to execute the job and fine-tuned the technical details, Krypton on her part effected her financial expectations and presented to the main contractor.
“Luckily, they won the job, and Krypton transferred cash to Microdigits to begin work. Within the first week, Microdigits moved the job to 70 per cent and then the executive director of the main contractor was very impressed and gave another job which was to fix the fire-alarm systems.
“Thus Microdigits’ contract moved up from N6million to N12.7 million. The value of Kryptons’ contract was however kept close to Sijuade’s chest.
“Trouble started when I was to go to Dubai to secure products (CCTV Cameras) for the project because they are never stocked by Nigerian companies. This did not go well with Sijuade who preferred a guy who could supply the products to Microdigits.
“But I didn’t want to stake over N5million on a man I barely know, but rather would spend a few hundreds of thousands to go buy the products from Dubai, with attendant peace of mind.
“Sijuade became visibly angry and hostile, but I knew that it’s my call and responsibility to get the required product as the technical person and of course as required by my contract.
“Thus, I went to Dubai, had a good deal with the original manufacturer of the products, and came back to Nigeria, paid and installed the products, and waited for more money from Krypton, but was shocked when Sijuade ‘fired’ me.
“He connived with my boys, (who claimed they would finish the job without their boss), and within twenty four hours resumed to take up my job.”
He said because Adewunmi allegedly has a relationship with one Assistant Commissioner of Police, he wrote a petition claiming he defrauded him of N2.5 million, whereas, he (Ajugu) was being owed N6.7million by Adewunmi’s company.
“The federal police instead of advising the complainant that they are not constitutionally empowered to intervene in civil matters, immediately, without caution or regard for organised business laws in the country decided to be a judge in their own court hence broke the law they have sworn to protect by impounding without a court warrant my personal car; a Honda SUV car with all the original papers.
“They refused to see the matter as a pure business transaction between two duly registered companies, and not a crime committed by an individual even with mounting evidences to suggest that it’s a pure civil matter.”
While denying being indebted to Adewunmi, Ajugu said they agreed on a payment regime of 40, 40, 15 and five percents, adding that their labour and other cost was part of the N6million that they were supposed to get.
“To this we agreed, and by November 21, we got an alert of N1.6million credited to our account from Krypton technologies to start the cctv job. It was a bank transfer from Krypton technologies to Microdigits.
“Immediately I brought in my men and equipment, we swung into action even though we expected the promised 40 per cent (N2.4 million) but we got less than that.”
Since the company was impressed with the job done, Ajugu said they were awareded the next aspect, which was installation of the fire alarm systems valued at N4.7 million.
“Looking at the drawing, I discovered that there would be a possible flaw in the overall execution of the CCTV job, so I wrote a memo for an adjustment, and forthwith it was approved, and this added N2million to the CCTV job, making it N8 million.
“On December 5, we received payment of N1million from Krypton technologies to start the fire alarms systems, and forthwith we started work and by December 13, the first phase of the job was almost done, which is cabling and it accounts for 70 per cent of the whole job.
“Sijuade released N3.4million into our company account on December 19 while I was in Dubai. With the released fund, I was able to buy 33 units of cameras (out of about 57 ) and 60 units of smoke detectors and more needed cables to compensate for the flaws in the calculations of the BoQ.
“I told Sijuade we needed more money to move on with the project, and I was shocked when he said I should itemise and analyse everything I had bought.
“By that time, we have been paid N6million out of N12.7 million naira (less than 50 per cent payment made to us), and we had taken the job to 80 per cent completion.”
In his submission, Adewunmi however denied owing Ajugu, accusing him of abandoning the project and going on a luxury trip to Dubai.
“During the process of carrying out one of the contracts, funds where remitted into the accounts of Microdigits for the purpose of effecting the contractual obligations.
“Unfortunately, instead of purchasing the necessary materials to perform the contract, Ajugu went to Dubai leaving the project unfinished having diverted the sums for personal use i.e. purchase of car and luxurious living.
“On his return, I asked Ajugu to render account of what has been done so far on the project and how the funds disbursed to him have been used.
“He failed to provide satisfactory answers to the query nor was he able to provide the outstanding funds for the project. Consequently, he was relieved of the project.”
Adewunmi alleged that his company was indebted to the tune of N3million on the project, which prompted his involvement of the police for proper investigation.
He averred that Ajugu’s suit was to circumvent the investigative powers of the police, urging the court to dismiss it.
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Court rules on property suit Friday
The execution of a judgment delivered by Justice Ayotunde Phillips seven years ago has become the subject of another litigation in the High Court of Lagos state, reports ADEBISI ONANUGA
A Lagos High court sitting in Ikeja will on Friday rule whether or not it has jurisdiction to stay a writ of execution obtained by a judgment-debtor, Jagal Nigeria Limited in respect of a property.
Seven years ago, Justice Ayotunde Phillips, then a judge of the High Court of Lagos State, had in a judgment delivered on July 11, 2008 in a suit delineated ID/1466/98 affirmed Jagal as the owner of the property located at Plot B, Ikosi Road, Oregun Industrial Estate, Ikeja .
Johnson Products had dragged Jagal Nigeria Limited before the court over the ownership of the disputed property. Joined as second defendant in the suit is Chief Samuel Agboola Akintan, who is said to have earlier leased the property to Wire Manufacturing (Nigeria) Limited for 20 years, having had a Deed of Conveyance dated 1971.
The company had averred that a Memorandum of Agreement executed by the two parties on April 17, 1980 “effectively transferred Jagal’s interest in the property” to it upon the payment of N1, 340,000 and that Jagal issued a receipt No.1351 dated June 2, 1982, which stated that the payment is for the assignment of the property in question. Johnson Products had further averred that Jagal acknowledged its (Johnson Products) ownership of the property in a letter addressed to Ault and Wilborg (Nig) Limited.
But Justice Phillips, in her judgment delivered on July 11, 2008 held that the Memorandum of Agreement transferred no interest in the property to Johnson Products and affirmed Jagal as the owner of the property.
Not satisfied with the decision of the court, Johnson Products Limited, appealed against the judgment on July 16, 2008 and claimed to have filed its Brief of Argument as at December 8, 2010.
However, the matter assumed a new dimension in February 2015 when the matter slated for hearing by Appeal Court, was struck out for want of diligent prosecution.
Johnson Products claimed to have re-approached the appellate court, asking the matter to be relisted but while the process was ongoing, the defendant (Jagal Nigeria Limited) obtained a Writ of Possession of the court to effect the judgment of Justice Philips against Johnson Products which also affected some inter pleaders.
The development made Johnson Products Nigeria Limited to approach the court presided by Justice Olabisi Odugbesan , praying it to restore them to status quo ante as at April 29, 2015, pending the hearing and determination of its application for re-listing in the Court of Appeal.
During the sitting of the court, the applicant through its counsel, Gabriel Olawoyin (SAN) had told the court that the order of the Court of Appeal upon which the writ of execution was predicated was obtained by deceit. He contended that the defendant mislead the court on the matter.
He argued that as at the time the defendants rushed to obtain the writ of execution, they already had applications seeking for re-listing of their appeal before the Court of Appeal. The defendants, according to him, were duly served with copies of the application and that they duly acknowledge receipt of the documents. “We have three applications, including brief of argument, pending before the Court of Appeal and they filed a counter to every application, which means they have been served”.
He had pleaded with the court that since the averments were not controverted by the defendants in any way, they should be taken as the true positions of things.
But the defendant’s counsel, Qudus Mumuney, had opposed the application on the grounds that the prayers of the applicants had no basis in law.
Mumuni contended that the issue before the court was not only the proceedings of February 5, 2015 when the Court of Appeal struck out the appeal of the appellant but the entire proceeding which dated back to 2009. He described the application filed by the applicants as an invitation to review the order of the Court of Appeal, adding that it would amount to calamity of the jurisprudence when a lower court would sit to review the order of a superior court.
Mumuni however maintained that the court has no jurisdiction to entertain the application and that the court should throw out the application which he described as abuse of court process.
But Olawoyin had insisted on the jurisdiction of the court not only to grant the prayers of the applicants but also to stay the writ of execution obtained in respect of the disputed property.
Olawoyin had also contended that the issue before the court was the writ of execution for which they are praying the court to set aside pending the determination of their application for re-listing of their appeal against the judgment of Justice Ayotunde Phillips, now a retired Chief Judge of Lagos State, which in 2008 granted possession of the disputed property located in Oregun Industrial Estate, Ikeja to Jagal Nigeria Limited.