The Nation Newspaper

Tag: Court

  • Obasanjo urges court to vacate order against his book

    Former President Olusegun Obasanjo has asked a High Court of the Federal Capital Territory, Abuja to vacate its earlier injunction restraining him from further publishing, printing or offering for sale, his autobiography: “My Watch”.

    He urged the court to set aside its order directing the Inspector General of Police (IG), the Director General of the Department of State Services (DSS) and the Comptroller General of Customs (CGC) to recover the published book from all book stands, sales agents, vendors, the sea and airports and deposit them with his court’s registrar pending the determination of the substantive suit.

    The court had granted the orders on December 10, 2014, following complaint by a plaintiff, Buruji Kashamu, to the effect that Obasanjo breached an earlier order of the court made on December 5 restraining the ex-president from launching the book.

    Kashamu, who sued Obasanjo for libel in relation to the claims in a letter to President Goodluck Jonathan that he (Kashamu) is a fugitive wanted in the United States, had moved the court to grant the earlier restraining order of December 5 on the ground that the subject of the libel suit was contained in the new book by Obasanjo.

    Despite the order of December5, Obasanjo proceeded to launch the book on December 9 in Lagos, a development that prompted the court to make the orders of December 10.

    Yesterday, Obasanjo’s lawyer, Kanu Agabi (SAN), moved the application with which he prayed the court to set aside the December 10 order on the ground that the court wrongly applied the law in reaching its decision.

    Agabi argued that it was wrong for the court to grant a restraining injunction against a party in a libel case, who pleaded justification.

    He said the court should have first determine whether or not the publication complained about was libellous before restraining Obasanjo from engaging in further publication.

    Agabi, who cited some authorities in support of his argument, contended that “the point at which he can be restrained is when he is unable to prove his plea of justification.”

    He said his client was willing to abandon the appeal he filed against the court’s decision to enable the trial court decide his application.

    Lawyer to Kashamu, Alex Iziyon, while arguing his counter-affidavit, objected to Obasanjo’s prayers. He argued that it was wrong for Obasanjo to seek the vacation of injunctions, which had been executed.

    He said the plaintiff has served the order on all the institutions, security agencies and individuals named in the order.

    He told the court that the Nigerian Customs Service recently requested for a copy of the order when its men intercepted container loads of the book.

    Justice Valentine Ashi has adjourned to March 30 for ruling.

  • Ibinabo to appeal court judgement

    Ibinabo to appeal court judgement

    The President of the Actors Guild of Nigeria (AGN), Ibinabo Fiberisima, has challenged the ruling which nullified her election into the office. This is coming a few hours after the judgment handed over by Justice James Tsoho of the Federal High Court, on Monday.

    According to information, Ibinabo has given order to her lawyers to file an appeal on the judgment. The National Secretary of the AGN, Abubakar Sanusi Yakub, made this known when he said; “Ibinabo is challenging the judgment since she believes that the judge did not understand the case before making his judgment. That case has been backdated twice since 2011. There is no validating in the case and the judgment. Moreover, she has nothing in common with Emeka Ike and his proxies. She did not contest any election with him, so how could he have the right to challenge her election?”

    Meanwhile, a cross section of the Nigerian movie industry practitioners have started to drum up support for the Ibinabo-led AGN government. As early as 9am on Tuesday, some members of the AGN could be seen around the guild’s headquarters at Surulere voicing their unflinching solidarity for the present leadership under Ibinabo.

    One of those chanting solidarity songs at the guild’s Ajao office was the former Chairman of the AGN Lagos chapter, Emeka Rising Ibe. Rising said that his decision for leaving the camp was for the good of the AGN and movie industry in Nigeria.

    The trouble between Emeka Ike and the AGN dates back to six years ago when he went to court to lay claim to the presidency of the actors’ guild after its former president, Segun Arinze, was made the body’s interim president.

  • Man, 72, seeks dissolution of 44-year old marriage

    Peter Ogba, 72, on Friday pleaded with an Ojo Customary Court in Lagos to dissolve his 44-year old marriage with Felicia, for alleged infidelity.

    Ogba, an architect, told the court that the respondent turned promiscuous and unruly 32 years after their marriage which was contracted in 1971 and had produced eight children.

    “In 2004, my wife started running after other men, sleeping about. I am a chief, and according to our culture, she has done something taboo,’’ he said.

    He said he had stopped eating at home because of his wife’s current behaviour, adding that he had lost the love he used to have for her.

    “I complained to my fellow chiefs in my community and they have advised me to send her out.

    “I bought a car for my wife in the 1970s when she was very young. I did all I could for her but she prefers to be promiscuous and I cannot take it anymore.

    “Though my children are against my action because she had poisoned their minds against me, I prefer to die than coexist with a woman that indulges in fetish acts,’’ he said.

    Ogba said he had to get another woman to take care of him two years after his wife packed out of the matrimonial home.

    “I appeal to this court to dissolve this marriage and eject Felicia from my house because we cannot coexist,’’ he said.

    Felicia, however, told the court that their families had settled the case back in the village, which had dragged on for 10 years before then.

    She said that this made her to return to the matrimonial home in January.

    “I don’t know why my husband should bring the case to this court because we have settled the matter in the village after sacrificing a goat as required by our tradition.

    “It is the other woman he brought into the house that is controlling him. However, my children have asked me not to pack out of my matrimonial home, so I will not pack out,’’ she said.

    Isioma Akolape, one of her daughters, said she and her siblings had been pleading with their parents and praying to God for the settlement of the crisis.

    “I was pregnant when my dad drove our mum away from the house with a cutlass, we even performed traditional rites with N90,000 to settle the matter.

    “My mother married my father when she was 16 years old and without any experience and they had been living together.

    “But my dad had refused to listen to our pleas for settlement because he had brought in a new lady.

    “I am pleading with our dad, on behalf of the eight children as my elder brother is out of the country, to forgive our mum and restore the relationship,’’ she told the court.

    The president of the court, Mr Hakeem Oyekan, said, “we acknowledge the fact that a disagreement arose in the relationship but dissolving the union will be a bad precedence that will not be pleasant in the future.

    “Truth is bitter but it must be told, the children should not have allowed the case to drag on for 10 years before thinking of a settlement,’’ he said.

    He appealed to Ogba to allow the wife to move into an apartment outside the main building.

    He advised the couple to remain peaceful and adjourned the case to April 27 for further hearing.

  • Cecilia Ibru: Court fixes April 22 for hearing of suit over seized assets

    Cecilia Ibru: Court fixes April 22 for hearing of suit over seized assets

    A Federal High Court in Abuja has fixed April 22 for hearing in a suit filed by convicted former Managing Director of the defunct Oceanic International Bank Plc, Cecilia Ibru‎.

    Mrs Ibru is, by the suit, challenging the alleged illegal implementation of the terms of the plea bargain and settlement agreement leading to her conviction in October 2010, which saw her forfeiting assets valued at about N191bn to the Federal Government.

    Hearing had been stalled in the case before Justice Ahmed Mohammed, owing to the last strike by judiciary workers in January.

    Ibru, who sued for herself and some others, wants the court to among others, nullify the striping of the assets and the subsequent sale of Oceanic Bank  to Ecobank Plc on the ground that it was not part of the plea-bargain and settlement agreement which she signed on her conviction on an amended charge.

    They urged the court to declare the sale of the defunct bank “a sham, misconceived, mischievous and of no legal consequences”.

    The plaintiffs also urged the court to declare that Aero Contractors Nigeria Limited was not on the list of assets she forfeited to the Federal Government as part of her plea bargain.

    They are equally seeking a declaration that any attempt by Asset Management Corporation of Nigeria to “take over the airline or attach its assets as ultra vires and of no legal consequences”.

    Other plaintiffs in the suit include Sidochem Industries Ltd., Edgar Sido and Dr. Francis Sido. They listed the Attorney-General of the Federation (AGF) and AMCON as the defendants.

    The plaintiffs had sued following an ex parte order obtained by AMCON from a Federal High Court in Lagos on November 12, 2014 against Sidochem Industries Limited, the company’s Managing Director, Edgar Sido, and two others for the recovery of a N433.5m allegedly owed the defunct Oceanic Bank, which AMCON had acquired.

    In opposing the order, which empowered AMCON to take over assets linked to the company, including Aero Contractors, the plaintiffs argued that the corporation had mischievously obtained the ex-parte order without disclosing material facts contained in the plea bargain agreement she entered with the Federal Government.

    Sidochem Industries Limited and its owners are also opposing the implementation of the order obtained by AMCON on the grounds that that the debts they owed the defunct bank was amongst the matters resolved in the plea bargain which Ibru entered into.

    Ibru was  on October 9, 2010 convicted and sentenced to 18 months imprisonment following her  guilty plea  to a three-count amended charge  of negligence, reckless grant of credit facilities and mismanagement of depositors’ funds.

  • Man remanded for allegedly raping girlfriend to death

    An Abeokuta Magistrates’ Court on Thursday ordered the detention of one Michael Oyejide, 24, in the Ibara prison for allegedly raping to death his 18-year-old girlfriend.

    The Magistrate, Mr. Martins Akinyemi, ordered that the accused be remanded in the prison pending legal advice from the state Director of Public Prosecution (DPP).

    NAN reports that Oyejide, who resides at Ijeja, in Abeokuta, is facing a three-count charge of conspiracy, rape and murder.

    However, his plea was not taken by the court, and Akinyemi, thereafter, adjourned the case till June 5 for mention.

    Earlier, the Prosecutor, Cpl. Moshood Hammed, told the court that the accused and one other at large, committed the offence on Jan. 8 at about 11:41p.m at Ijeja in Abeokuta.

    Hammed said that the accused and his accomplice had raped the girl after a party to celebrate his birthday.

    “At about 8.00p.m., Oyejide, aka MI celebrated his birthday at Adigbe and some ladies were invited.

    “Later in the night, the accused and one other got the victim, who is also a friend drunk.

    “The accused and his friend took the victim to his house at Ijeja and they raped her to death,” he said.

    The prosecutor said that the accused thereafter pretended to be sympathisers and rushed their victim to the hospital where she was confirmed dead.

    “The management of the hospital reported the case to the police, which led to Oyejide’s arrest,” Hammed said.

    The prosecutor said that the offence contravened Sections 516, 357 and 358 of the Criminal Law of Ogun State, 2006.

     

  • Court adjourns Nyako’s suit

    The Federal High Court in Bauchi, presided over by Justice Ibrahim Auta, has adjourned till next Monday, hearing in the Murtala Nyako’s impeachment case.

    Nyako, a former Governor of Adamawa State, was impeached last year by the House of Assemby for what it described as “impeachable offences”.

    He challenged his impeachment in court.

    When the matter came up yesterday, counsel to Nyako, Olukoya Ogungbeje, told the court that it had no jurisdiction to entertain the case, citing legal authorities to buttress his argument.

    But counsel to the respondents, Adamawa State Assembly, Fintiri, Abubakar Sa’ad and Bala Dakum objected and prayed the court to start the case afresh.

    They were, however, over-ruled and Justice Auta directed Ogunkoya, informed the court that “this matter is time bound and there is need to expedite action on it”, to file his objection for hearing on March 23.

     

     

  • Court restrains AIT from running hate documentary on Tinubu

    Court restrains AIT from running hate documentary on Tinubu

    A Lagos High Court sitting in Ikeja has  granted an interim order restraining the Africa Independent Television (AIT) from broadcasting a documentary, titled: Lion of Bourdillion,  about former Lagos State Governor Asiwaju Bola Ahmed Tinubu.

    Justice Olamide Akinkugbe of the high court granted the restraining order yesterday while ruling on an ex parte motion filed by the former governor through his counsel, Chief Wole Olanipekun (SAN).

    The court order will subsist pending the hearing and determination of the interlocutory application filed by the applicant.

    Asiwaju Tinubu, who is also the national leader of the All Progressives Congress (APC), had, through his lawyer, instituted a N150 billion suit against AIT for airing the documentary.

    The applicant alleged that the documentary was libellous and aimed at tarnishing his image.

    The APC national leader sought an order of interim injunction restraining AIT, whether by itself, agents, privies and or other persons from producing or continuing to broadcast, airing, or continuing to reproduce the documentary.

    The applicant also sought to restrain the television station from continuing to broadcast the documentary, which it started airing on March 1, 2015, and had been repeating same daily, pending the hearing and determination of the motion on notice.

    The motion noted that damages would not adequately compensate the applicant/claimant if the ex-parte order was not granted and prayed that the rest of the suit may be extinguished if the ex-parte order was not granted.

    It stated that there was real, imminent and urgent threat and danger of continuing to decimate the person and integrity of Tinubu by AIT by continuing to air the “offensive” broadcast if the ex-parte motion was not granted.

    When Olanipekun sought to move the interlocutory application, counsel to AIT Chief Mike Ozekhome (SAN) objected.

    Ozekhome told the court that he needed time to respond to the application.

    He told the court that his earlier reply was to the suit initially filed by Dr. Tunji Abayomi on behalf of Asiwaju Tinubu.

    Consequent upon this development, Olanipekun made an oral application in which he prayed the court to grant an interim order restraining AIT from further airing the contentious documentary.

    Although Ozekhome objected, Justice Akinkugbe upheld the application.

    The judge said: “The defendant is hereby restrained from further airing, publishing or disseminating and broadcasting the documentary, Lion of Bourdilion, pending the determination of the interlocutory application.”

    She adjourned the matter to March 20, 2015, for argument on the interlocutory application.

     

  • AGN crises: Court nullifies Ibinabo-led exco

    AGN crises: Court nullifies Ibinabo-led exco

    A palpable undulation has hit the seeming calm in the leadership of the Actors Guild of Nigeria (AGN), when a Federal High Court sitting in Lagos, Monday, nullified the election which declared Ibinabo Fiberesima president of the association in 2012.

    Justice James Tsoho said the election that ushered the actress into office was conducted against a standing court order, in a suit filed by St. Maradona Mikevine,who was National Treasurer in the factional exco led by another actor, Emeka Ike.

    Mikevine, through his lawyer, Malcom Omirhobo, prayed the court to stay action on the election that brought Ibinabo into office, claiming it was conducted in the face of a subsisting court order, restraining the conduct of AGN election.

    But the Segun Arinze-led faction, which produced Fiberisima, went ahead with the election.

    Justice Tsoho ruled that the Incorporated Trustees of AGN acted with utter impunity in disobeying the court’s order.

    “It is not in doubt that the parties in this suit are entertainers but the business of court is a serious one and it cannot be turned into a legal play and for this reason, the election is hereby declared null and void,” the judge held.

    Justice Tsoho further ordered Ibinabo to henceforth stop parading herself as the AGN president.

    Besides, Justice Tsoho ordered Ibinabo and all the national officers of her executive to render full accounts of monies generated by the AGN under her, including details of income and expenditure.

    The judge specifically ordered that a comprehensive audit of AGN’s accounts be conducted within 90 days.

    Although Ibinabo had said the plaintiff lacked the locus standi to file the suit, as he did not contest against her, Ike and a few others had also sued against the leadership of the AGN in separate cases.

    Ike had challenged the formation of an illegal government known as “National Unity”, to run AGN’s affairs.

    The actor had sought an order of court reviewing the guild’s 2007 Constitution as it relates to the tenure of members of board of trustees.

    He averred that the board, comprising: Mr Segun Arinze, Prince Ifeanyi Dike, Mr Emmanuel Oguguah, Mr Murphy Stephen, Mr Sunny McDon and Mr Okey McAnthony, had remained in office since July 13, 1999 when the guild was incorporated.

    He had therefore, sought for an order setting aside the appointment of Arinze as President of the guild, as well as an order reviewing the provisions of the guild’s constitution.

    Arinze, who was appointed as President of the National Unity of AGN, handed over to Ibinabo after the conduct of the disputed election.

    In a telephone chat with The Nation, Ike noted that the judgement is an “indication that the judicial system in Nigeria is the last line of defence for the common man.”

    He said the judicial system is the best way to seek redress on issues, especially in this era of politicking.

    “In the coming days, we will be addressing a conference of state chairmen and the youths. It will be massive. I am called the people’s president and I intend to take governance to the people. We don’t get to see our leaders until they want to visit political office holders – all that is about to change. The grassroots should form the basis of good governance and that is what we are all about,” he said.

    Reacting to the judgement, the National Executive Council of AGN released a statement, in which it expressed solidarity to Ibinabo, insisting she remains their national leader.

    “While we shall abide by the judgement of the High Court, we shall be guided by the Constitution of the Guild which stipulates that there shall be no vacuum in the leadership of the Guild.

    “In view of this, Ibinabo Fiberesima remains the National leader of the AGN as the court did not declare Emeka Ike President of the guild,” adding that “the Registered Board of Trustees has gone to the Appeal Court to challenge the judgement.”

    The statement portends that the “…judgement has not in any ways affected the resolve of Chief Ibinabo to take the Guild to the next level,” while conveying Ibinabo’s wish that members, supporters and fans should remain calm and peaceful as AGN remains one family.

    Ibinabo was returned for a second term in office in October, last year.

  • Movement restriction on sanitation day illegal, says court

    THE restriction of movement during the monthly environmental sanitation is illegal, the Federal High Court sitting in Lagos held yesterday.

    Delivering judgment on a suit by activist lawyer Ebunolu Adegboruwa challenging the movement restriction during the exercise, Justice Mohammed Idris said it grossly violates Nigerians’ right to freedom of movement as guaranteed in the Constitution.

    The lawyer sought a declaration that the restriction on the last Saturday of every month, constitutes a breach of residents’ rights because no law in Lagos State approves their compulsory detention at home for three hours (7am – 10am) for the purpose of observing a mandatory sanitation.

    Inspector-General of Police Suleiman Abba, Lagos State Governor Babatunde Fashola, Attorney-General Mr Ade Ipaye; Commissioner for the Environment and his ministry were the respondents.

    Justice Idris held that the policy of keeping citizens indoors, in the name of sanitation, has no basis on law.

    According to him, it is nowhere stated in Section 39 of the Environmental Sanitation Law that the commissioner can make regulation barring people from moving about during sanitation exercise.

    “There is no law in Lagos barring or restricting the movement of people during environmental sanitation and no such law has been shown to the court,” the judge said.

    He said the restriction is “unjustifiable and a gross infringement on the applicant’s personal liberty.”

    Justice Idris said: “I have no doubt that the restriction imposed on the movement of persons and sanctions meted out to those who breach them are clearly unsupportable in law and unjustified.

    “I must state loud and clear that the environmental sanitation exercise is not in itself unlawful, but what is unlawful and unconstitutional is the restriction imposed by the respondents during the exercise.

    “The restriction will only be lawful and constitutional when they are made by law duly enacted within the limits imposed by the Constitution itself.

    “In view of all I have stated above and in the light of the provisions of the various judicial and statutory authorities, I hold that the rights of the applicant guaranteed under Sections 35 and 41 of the Constitution have been infringed upon by the respondents.

    “The applicant is entitled to all of the reliefs sought and they are granted as prayed.”

    Speaking after the verdict, Adegboruwa hailed the judge for his forthrightness, courage and boldness.

    The verdict, he said, has settled beyond doubt that the judiciary is the last hope of the common man.

    He said: “It is a signal to all those in power, across the land, local, state and federal, that the rule of arbitrariness, of impunity and of wanton disregard for peoples’ rights and freedoms is gradually coming to an end.

    “When we dare to struggle, then we dare to win. I, therefore, urge all Nigerians to troop to the courts, to challenge the unchallengeable, to kick against the arbitrary PHCN impositions, all illegal charges and tax imposition and all obnoxious policies wickedly devised by all our rulers. Together we shall win.”

    Lagos State argued that Section 41 of the 1999 Constitution permits it to make laws that affect the right to freedom of movement.

    The law, it said, vests the Commissioner for the Environment with powers to make regulations for ensuring a clean environment and public safety.

  • Court urged to stop move to replace Jega

    Court urged to stop move to replace Jega

    THE Federal High Court in Abuja has been asked to restrain the Senate from considering any person nominated by the Presidency to replace the Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega.

    The request formed part of the three prayers contained in a suit filed by a lawyer, Kabir Akingbolu, with the Attorney General of the Federation (AGF) and the Senate as defendants.

    He argued that the alleged plot by the Presidency to use the Head of Civil Service of the Federation to compel Jega to proceed on a three-month pre-retirement leave was absurd because the INEC Chairman was not a civil servant by virtue of the provisions of Sections 153, 155 and 157 of the Constitution.

    Akingbolu urged the court to among others determine whether, by the combined effect of sections 157 and 158 of the Constitution, the alleged plan by the Head of Service to request the INEC Chairman to proceed on terminal leave was not incongruous with the intention of the provisions of the constitution.

    He is also seeking the determination of whether Jega, who is currently on a sabbatical leave, could be asked to proceed on the pre-retirement leave envisage under the Civil Service Rules.

    Although the plaintiff has served the defendants, the suit filed on March 11 is yet to be assigned to any judge for consideration.

    Also, the INEC has appealed the March 4, 2015 judgment by Justice Ahmed Mohammed of the Federal High Court, Abuja, ordering it to issue a certificate of registration to a group, the Young Democratic Party (YDP).

    YDP had, shortly after the judgment, addressed news conferences,  where it threatened to compel a postponement of the rescheduled elections if INEC failed to include its name and candidates on the ballot papers, even when it was yet to conduct primaries and the period for parties to submit list of candidates had lapsed.

    In a notice of appeal it filed last Monday, INEC faulted Justice Mohammed’s judgment and urged the Court of Appeal, Abuja to set it aside.

    It raised five grounds of appeal, including that the trial judge erred in granting audience to a group not yet registered as a party.

    The application is expected to be heard on March 23.