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Tag: Court

  • N15 bond: Court vacates order against SEC, NSE, Elechi

    N15 bond: Court vacates order against SEC, NSE, Elechi

    A Federal High Court sitting in Abakaliki, Ebonyi State capital yesterday vacated an interim order issued by a Federal High Court sitting in Lagos in January this year restraining the Securities and Exchange Commission, (SEC) and the Nigerian Stock Exchange,( NSE) from releasing N15 billion  bond approved for Ebonyi State government.

    This followed the application by  counsel to the state government, Mr Fedrick Onobia urging the court to vacate the injunction.

    In the ruling on the motion filed by a member of Ebonyi State House of Assembly, Odefa Obasi Odefa praying the court to restrain the state government and its agencies from accessing the bond facility, Justice Ada Onyetenu vacated the order.

    She frowned at what she described as antics of the plaintiff and the defendants in the case to defeat the course of justice and therefore struck out a motion seeking to disqualify the counsel to Ebonyi State government.

    Justice Onyetenu reserved ruling on another motion challenging the jurisdiction of the court to 6th May.

    In an interview, counsels to the plaintiff, Mr Roy Umahi and Mr Ogwudu Uche said they would challenge the ruling.

    ‘’There was a motion filed in court asking that the cousel for  the 1st -7th defendants  be disqualified in that they are parties to the bond; the subject matter of the suit,” they said.

    Ebonyi State’s Attorney-General and Commissioner for Justice, Dr Ben Igwenyi hailed the ruling of the court.

    The matter had earlier been transferred from the Federal High Court, Lagos to Abakaliki over jurisdiction.

  • Order barring soldiers from Tinubu’s home subsists, says court

    THE order barring soldiers from the home of the All Progressives Congress (APC) National Leader, Asiwaju Bola Tinubu, will remain in force until the substantive suit is heard, the Federal High Court said yesterday.

    Tinubu sued the Chief of Army Staff, Lt. Gen. Kenneth Minimah, over the deployment of soldiers to lay siege on his 26, Bourdillon Street, Ikoyi, Lagos home between February 9 and 11.

    The former Lagos State governor is praying the court to enforce his fundamental rights.

    Justice John Tsoho, on March 26, granted an interim injunction restraining the army from laying siege to Tinubu’s home.

    The judge also stopped Tinubu’s arrest or detention during the period of the general elections.

    He restrained Minimah and his privies from “arresting, detaining, harassing or intimidating the applicant” until the determination of the substantive suit.

    The suit was adjourned for hearing yesterday, but the applicant’s lawyer, Chukwuma Onwuemene, who stood in for Mr. Femi Falana (SAN), sought a short adjournment.

    Minimah was not represented by any lawyer.

    Justice Tsoho recalled that the applicant had already secured an interim injunction against his arrest and intimidation by the military, which still subsists.

    He said he could not give any date before the Easter vacation, which begins next Monday.

    Tinubu is seeking a declaration that the siege on his home was an infringement on his fundamental human right to private and family life as protected under Section 37 of the Constitution.

    According to him, the military’s action violated Sections 35 and 42 of the Constitution as well as Articles 2 and 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

    Tinubu said the siege caused him and his family “psychological and mental torture”.

    His aide, Sunday Dare, who deposed to a supporting affidavit, said: “The applicant was exposed to embarrassment as many members of the public asked whether he committed any offence, which warranted the siege.

    “The siege portrayed him as a hardened criminal in the society.”

    Following one of such sieges, a banner was hung in front of Tinubu’s home, which reads: “This is not Sambisa Forest. Wrong posting.”

    Justice Tsoho adjourned till April 20.

  • Court remands two for importing N10bn expired drugs

    A Federal High Court in Lagos on Friday ordered one Kennedy Okereke, alias Agama, to be remanded in prison for allegedly importing into the country 49 different brands of fake drugs and product estimated at N10bn.

    Okereke was remanded alongside one Uchendu Oledibe, his accomplice, with whom he allegedly committed the offence on March 2, 2015.

    According to the charges filed against them, the accused operated at five different bases in Lagos, from where they allegedly labelled and circulated the counterfeit and expired drugs to innocent or unsuspecting members of the general public.

    The National Agency for Food and Drug Administration and Control listed the bases as Mosco Shonubi Close, Shangisha; Okunowo Street, Ikosi, Ketu; Bello Street, Ikosi, Ketu; Iddo Terminus; and Consolidated Warehouse, Oyingbo, Lagos State.

    Okereke and Oledibe were, on Friday, arraigned before Justice Mohammed Yunusa on 12 counts bordering on importation, labelling and circulation of counterfeit and expired drugs to the public.

    The NAFDAC prosecutor, Mr. Umar Shamaki, said the offence contravened, among other laws of the land, Section 1 (a) of the Counterfeit, Fake Drug and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34, Laws of the Federation of Nigeria, 2004.

    He added that the two accused were liable to be punished under Section 3 (1) (a) of the same Act.

    But when the charges were read to them, Okereke and Oledibe pleaded not guilty.

    The agency, however, listed among various other counterfeited proprietary brands of drugs allegedly imported and labelled by the accused persons, Tarivid 200mg tablet; Augmentin 625mg tablet; Proviron tablet; Novasc 10mg tablet; Glucophage 500mg tablet; Cotecxin tablet; Rectin – A Cream; Regroton tablet; Clomid tablet; Loratyn-10 tablet and Cytotec-200mg tablet.

    Also listed were Lexotan tablet, Tegretol tablet, Nizoral 200mg tablet; Analgin injection; Vitalas Tetanus injection; Viagra 100mg tablet among several others.

    Shamaki, alleged that the accused loaded the products into a container measuring over 20 by 40 feet in dimension.

    Following their arraignment, the prosecutor said, “My Lord, in view of the not guilty plea of the accused, may I humbly ask for a day for trial. But before then, My Lord, may I ask the court for an order remanding the accused persons in prison custody pending trial.”

    But the defence counsel, Mr. Michael Imonah, urged the court to turn down the prosecution’s prayer to remand his clients, saying he had already filed bail applications and served on the prosecutor.

    Imonah said, “My Lord, we would not be opposing the prayer for a date for trial but with due respect, we have filed an application in respect of their bail and the application is dated March 27, 2015.

    “In respect of the first accused person, we have served the prosecuting counsel and I wish to plead with your Lordship to move the application.”

    Shamaki, however, said he was only served with the bail application on Friday morning in court, adding that he was opposed to it and would require time to file appropriate response.

    “We are opposed to the application. We have just been served and I intend to reply and I need time to do this. We are asking for a date within which to react because these are issues of law, which would need to be controverted,” Shamaki said.

    Yunusa consequently ordered the prison remand of the accused persons and adjourned till April 1, 2015 to entertain their applications for bail.

  • Court adjourns Buhari’s eligibility suits to April 22

    Court adjourns Buhari’s eligibility suits to April 22

    •Refuses to join new parties 

    Justice Adeniyi Ademola of the Federal High Court, Abuja has adjourned further proceedings in all suits relating to alleged failure of the presidential candidate of All Progressives Congress (APC), Muhammadu Buhari, to submit his certificate of academic qualifications, to April 22 and 23.

    There are four of such cases before the judge.

    The plaintiffs in all the suits have similar prayers and contentions.

    They want the court to declare Buhari ineligible to contest in the election on the basis of his alleged failure to submit his certificate of academic qualifications along with his Form CF001 to the Independent National Electoral Commission (INEC).

    Adjourning yesterday, the judge said it was impossible for the court to conclude the case before the elections and that there was no need for the court to be in haste to determine the case, because it could always do so after the elections.

    Justice Ademola said the decision to adjourn to April was because of the approaching Easter vacation of the court.

    Justice Ademola said this shortly after delivering a ruling in the suit by Chukwuweike Okafor and another against Buhari and two others.

    The judge, in the ruling, dismissed the applications by a Lagos-based lawyer, Ebun-olu Adegboruwa, and Chukwuma Ochu to be made parties in the case.

    The judge said they were not necessary parties in the case.

    While rounding off the ruling, Justice Ademola suo motu (without being prompted) adjourned further proceedings to April 22 and 23.

    In refusing applications by Adegboruwa and Ochu, the judge held that they were not necessary parties, busy bodies and meddlesome interlopers, whose presence in the case was unnecessary.

    Aside the suit by Okafor, the other three similar cases are by Ayakeme Whiskey, Max Ozoaka and the last by Nnamdi Nwokocha Ahaaiwe.

    It is part of their contention that Buhari’s failure to submit his certificate of academic qualifications contravened provisions of sections 131 and 318 of the 1999 Constitution and Section 31(3) of the Electoral Act, 2010.

  • APC, others ask court to order impeachment proceedings against Fayose

    APC, others ask court to order impeachment proceedings against Fayose

    The All Progressives Congress (APC) Presidential Campaign Council and 53 others have asked the Federal High Court in Abuja to compel the Ekiti State House of Assembly to begin impeachment proceedings against Governor Ayodele Fayose.

    In the suit filed on Monday, the plaintiff accused Fayose of gross misconduct for allegedly suggesting, in an advert he sponsored in some national newspapers, that the APC’s presidential candidate, Maj. Gen.  Muhammadu Buhari, will die in office, if he is elected.

    They prayed the court to award N50billion against Fayose and 21 other defendants for malicious falsehood against Buhari

    The APC, which sued through its Legal Directorate, and other plaintiffs, alleged that such act by Fayose was a public misconduct “unbecoming of a Nigerian governor”.

    The plaintiffs alleged that Fayose, described as Coordinator of the Goodluck/Sambo Presidential Campaign Organisation of the Peoples Democratic Party, sponsored the publications using the statutory funds of the Ekiti State government.

    They, therefore, want the court to declare that the act of the defendants constitute a breach of Section 95(1) of the Electoral Act (2010) as amended.

    They also want the court to declare that the publications by the defendants were meant to confer undue advantage on the PDP’s presidential candidate.

    The plaintiffs are also seeking a declaration that the contents of the publications referred to in relief 1 above and all other similar utterances by Ayodele Fayose amount to gross misconduct under the law.

    An order pursuant to sections 95(7)(a) and (b) and 8 of the Electoral Act 2010(as amended) directing the first to the 21st defendants to pay N1 million and the 22nd defendant to pay N2 million daily from January 20, until the cessation of the breaches of the Electoral Act complained of herein.

    Alternatively, an order directing the 23rd defendant (the inspector general of police) to investigate Fayose pursuant to Section 95 of the Electoral Act 2010(as amended).

    An exemplary and aggravated damage of N50 billion for malicious falsehood contained in the several advertorials and publications, the said sum will be used to enhance the course of ethical and responsible journalism.

    The plaintiffs also want the court to order the defendants to publish 10 times on the front pages of major international magazines, television and local newspapers with prominent headlines, retractions of all the offensive publications made by the defendants.

    The defendants include Fayose’s Chief Press Secretary Idowu Adelusi; Ekiti State Government; the Attorney-General, the Speaker of the House of Assembly, and the House of Assembly.

    Others include the chairmen of the following local governments in Ekiti State, Ado Ekiti, Aiyekire, Ekiti East, Ekiti South, Ekiti West, Emure, Ido Osi, Ijero, Ikere, Ikole, Ilejemeji, Irepodun, Ise/Orun, Moba, Oye.

    Other defendants are Fayose and PDP.

    The plaintiffs stated, in their statement of claim, that the government, House of Assembly, the functionaries of the state, and the local government chairmen are sued as being vicariously liable for “the gross misconduct and errant behaviour of Ayodele Fayose, their governor who is also the Coordinator of the South West Nigerian Branch of the Jonathan/Sambo Presidential Campsign Organisation.

    No date has been fixed for the hearing of the suit.

  • Court refuses to list UPN’s presidential candidate, others for polls

    THE Federal High Court in Lagos yesterday refused to compel the Independent National Electoral Commission (INEC) to include the Unity Party of Nigeria (UPN) in the elections.

    It joined the All Progressives Congress (APC) and its presidential candidate, Gen. Muhammadu Buhari, as defendants in the suit.

    UPN is praying the court to order INEC to list its candidates for the elections.

    Ruling on APC’s application, Justice Okon Abang held that since INEC had printed and distributed electoral materials, it could not be compelled to destroy them and print new ones.

    This, the judge said, was because UPN filed its suit on February 25 after the postponement of the initial February 14 presidential election.

    He said the suit came up for hearing on March 6, a period of 21 days to the rescheduled presidential election.

    “The applicant (UPN) cannot create problems for this court and indeed the entire country. The court cannot command the impossible. The plaintiffs cannot file this suit 21 days to the election and expect that it must be heard and judgment delivered before the election.

    “Even though the plaintiffs have no claim against the APC, the outcome of this suit will affect the party because it is about an election, which the party is participating.

    “This is a pre-election matter and it can be heard after the election,” Justice Abang ruled.

    The judge then ordered that APC and Buhari should be joined as second and third defendants.

    He directed the plaintiffs to amend its processes to reflect the additional defendants and serve them within three days.

    UPN’s presidential candidate Helen Godswill filed the suit with its other candidates following the non-listing of their names as candidates for the elections.

    Justice Abang adjourned till May 6 for hearing.

  • Court awards N500m to APC for shut fundraising platform

    THE Federal High Court in Lagos yesterday awarded N500 million damages to the All Progressives Congress (APC) for the illegal shutdown of its fundraising platform.

    Justice Ibrahim Buba ordered the Nigeria Communications Communication (NCC), Etisalat, MTN, Glo, Airtel and Visafone to pay APC N500 million.

    They are to pay the money “severally and jointly” for infringing on the fundamental rights of the party and its members.

    APC, in its originating motion, demanded N25 billion damages from the defendants for violating its rights.

    Justice Buba dismissed the respondents’ objection to APC’s claim, holding that the party deserves compensation for the loss it suffered.

    The judge ordered the telecoms firms “to continue to run, operate and/or restore to its full operative use the SMS Code Platform 35350 created to raise funds for the applicant’s presidential campaign.”

    APC had accused the respondents of disobeying the order and had initiated contempt proceedings against them.

    The party  said it created a “premium SMS code 35350” through which willing donors could contribute to its presidential campaign fund.

    Within hours of its deployment, APC said it was getting about five messages of N100 each every minute. A total of 5,400 messages were received, it said.

    But  NCC, in a January 19 letter, directed all telecoms service providers “to avoid running political advertisements that will portray them as being partisan,” adding that it would not “hesitate to sanction any service provider that will flout this directive.”

    As a result, the mobile companies suspended the platform. But the party prayed the court to declare that the NCC’s directive violated APC’s guaranteed right to freedom of expression.

    It asked for a declaration that the directive was discriminatory against APC members, since NCC granted similar rights to the Goodluck/Sambo campaign.  APC also sought a declaration that NCC’s directive was ultra vires its powers and contrary to Section 39 and 42 of the 1999 Constitution.

    Glo’s counsel Mr. Femi Atoyebi (SAN) urged the court to dismiss APC’s case, saying the telecoms firm did not act on NCC’s directive, which he said was advisory.

    “The letter from NCC did not ask the fourth respondent to shut down the code. The letter is only an advice. We did not shut down anything. There was no need for us to do so,” he said.

    He said problem arose when APC allegedly advertised the short code before Glo could obtain the necessary approvals to deploy it.

    “APC jumped the gun. They advertised the code before permission to start the service. Besides, this is not a fundamental rights’ case. It’s contractual issue being cloaked as a fundamental rights’ issue,” he said.

    NCC’s lawyer Mr. Paul Usoro (SAN) also denied that the commission’s aim in the letter was to stop the telecoms firms from deploying APC’s fund-raising code.

    “The NCC is not stopping them,” he said, urging the court to dismiss the suit.

     

  • Court adjourns N20 billion Calabar dredging suit to April 22

    The Federal High Court sitting in Calabar yesterday adjourned hearing on the N20 billion suit instituted by a businessman, Mr Sam Nmeje, against the Federal Government over the dredging of the Calabar sea port to April 22, 2015.

    Nmeje’s lawyer, Reginald Esere, told the court that the bailiff, one Mr. John, had again made several attempts to serve the 6th defendant (Calabar Channels Management Ltd.), “but could not trace the address.”

    He offered to personally make efforts to trace the address.

    Esere asked the court to adjourn the case, saying the respondents outside Calabar would also have been served before the next adjourned date.

    Justice Obilo Emmanuel expressed dissatisfaction with the way the plaintiff was taking time to serve all the respondents, but adjourned the case to April 22 for report of service.

     

  • Court stops Jonathan from deploying soldiers for polls

    Court stops Jonathan from deploying soldiers for polls

    The Federal High Court in Lagos yesterday granted an order of perpetual injunction restraining President Goodluck Jonathan and the Service Chiefs from deploying soldiers for the general elections.

    Justice Ibrahim Buba held that they cannot deploy soldiers without the National Assembly’s approval.

    Besides, he said any election which is militarised through deployment of soldiers where there is no insurrection is “anti-democratic” and not in consonance with constitutional democracy and civil rule.

    Justice Buba was delivering judgment in a suit by House of Representatives member Femi Gbajabiamila who sought a declaration that deployment of soldiers for elections is unconstitutional.

    President Jonathan, the Chief of Defence Staff, the Chief of Army Staff, the Chief of Air Staff, the Chief of Naval Staff and the Attorney-General of the Federation are the respondents.

    The plaintiff said the Federal Government deployed soldiers during the governorship elections in Anambra, Ekiti and Osun states, contrary to the Constitution.

    Justice Buba upheld arguments by the plaintiff’s counsel, Mr Seni Adio, adding that even President Jonathan does not have the power to deploy soldiers at whim.

    The judge dismissed the defendants’ objections to the court’s jurisdiction and to the plaintiff’s locus standi, saying Gbajabiamila had the legal right to demand an interpretation of the constitution by the court.

    He disagreed with the defendants who said soldiers were only deployed to ensure peaceful elections, holding that the army is not needed for such civil duties.

    Justice Buba said he was bound by the recent Court of Appeal’s decision, which nullified soldiers’ deployment for elections. He quoted the decision extensively, adding that he was also persuaded by the judgment of Justice Mohammed Rilwan of the Federal High Court, Sokoto.

    According to the judge, the law does not make provision for the military to be involved in civil activities, and if soldiers must vote, it must be in their barracks. “The armed forces/military have no role in elections,” he said.

    “The time has come for us to establish the culture of democratic rule in the country and to start to do the right thing, particularly when it has to do with dealing with the electoral process which is one of the pillars of democracy.

    “In spite of the behaviour of the political class, we should by all means try to keep armed personnel and military from being a part and parcel of the electoral process.

    “The state is obligated to confine the military to their very demanding assignment, especially in this time of insurgencies, by keeping them out of elections. The state is also obligated to ensure that citizens exercise their franchise freely and unmolested,” Justice Buba said.

    The judge said the Court of Appeal directly interpreted the Constitution when it held that the combined effects of Section 215 and 217 limit the president’s power to deploy soldiers to the suppression of insurrection and to aid the police to restore order when it has broken down.

    “I am bound by the decision of the Court of Appeal and equally persuaded by the decision of Federal High Court Sokoto, which also persuaded the Court of Appeal.

    “It is in this regard that the court will say that its duty in interpreting the constitution has been simplified and made easy by the decisions I have referred to extensively,” Justice Buba held.

    On whether Gbajabiamila has locus standi, the judge said: “The plaintiff is at liberty to approach this court and seek reliefs whether they are beneficial to him or not. In the instant case, the plaintiff is a Nigerian; he has a right of franchise, so it will be beneficial to him.

    “This court will not dabble in academic issues. The instance Originating Summons has merit. The court shall proceed to answer the questions for determination in favour of the plaintiff that the deployment of the armed forces by the first, second, third, fourth and fifth defendants during elections violate the provisions of the Constitution.

    “Accordingly, the declaratory reliefs sought are granted. Any militarised voting pattern is anti-democratic and not in consonance with constitutional democracy and civil rule.”

     

  • Court orders YDP leaders to retract claims or go to jail

    Court orders YDP leaders to retract claims or go to jail

    A Federal High Court in Abuja yesterday established a case of contempt against leaders of the Young Democratic Party (YDP) for misrepresenting an earlier judgment of the court.

    Justice Ahmed Mohammed, in a ruling yesterday, ordered YDP’s leaders to, within 24 hours, call a news conference to put the records straight, failing which they will be jailed for contempt.

    The party’s leaders had, shortly after the court’s judgment of March 4 directing the Independent National Electoral Commission (INEC) to issue YDP with a certificate of registration, addressed a news conference, where they claimed the court ordered INEC to include the party’s candidates in ballot papers for the elections.

    Angered by the misrepresentation of the court’s judgment, Justice Mohammed on March 12 summoned the party’s leaders to explain why they chose to distort the court’s judgment.

    Yesterday, after listening to the party’s lawyer,  Kelvin Nwofo (SAN), and INEC’s lawyer Wole Balogun, Justice Mohammed  held that a case of contempt had been established against the party officials from the two affidavits filed by them.

    He, however, held that because the court was not out to  join issues with anybody and that in view of the plea for mercy by the party’s lawyer, he would “reluctantly temper justice with mercy”.

    He said: “It is clear that the court did not order INEC to include them in the ballot papers or to shift the 2015 elections.

    “The case of contempt is clearly established in the circumstances of this case. And  learned senior counsel for the plaintiff, having pleaded with the court to temper justice with mercy and to forgive the plaintiff’s officials, this court is not out to join issues with anyone, least of all the officials of the plaintiff, Young Democratic Party.

    “It is on that premise that I will reluctantly temper justice with mercy in this matter subject to the following conditions:

    “(I) The officials of the plaintiff shall, within 24 hours, call a national press conference and debunk or retract the misrepresentation made against the order of this court delivered on March 4, 2015; and

    “(II) The officials of the plaintiff shall file an affidavit in court for compliance with paragraph (I) of this order.

    “In case of failure to comply with the court’s directive, this court will commit to prison, the affected officials of the plaintiff (YDP) on the next return date since evidence of contempt has been established.”

    The judge adjourned March 31 for report of compliance.