The Nation Newspaper

Tag: Court

  • Court restrains NTA, AIT over anti-Osinbajo documentaries

    The Federal High Court in Lagos has restrained Daar Communications Plc and the Nigerian Television Authority (NTA) from broadcasting any video documentaries against All Progressives Congress (APC) vice-presidential candidate Prof Yemi Osinbajo (SAN).

    Justice John Tsoho made the order yesterday following an ex-parte application by Osinbajo.

    Daar Communications (owners of African Independent Television (AIT), NTA and the National Broadcasting Commission (NBC) are the respondents.

    Justice Tsoho ordered that status quo be maintained pending the hearing and determination of the applicant’s motion on notice for interlocuctory injunction.

    The motion ex-parte, filed on March 10, was moved by Osinbajo’s counsel Mr Femi Falana (SAN).

    The judge ordered: “That an order of interim injunction shall be considered with notice to the respondents. Generally, however, the status quo as at today shall be maintained pending hearing and determination of the Motion on Notice.”

    Justice Tsoho also granted the applicant leave to serve the Originating Summons and other accompanying court processes on the respondents in Abuja, which is outside the court’s jurisdiction.

    Osinbajo had prayed for “an order of interim injunction restraining the respondents, their agents, privies, representatives and other media entities under the control of the third respondent (NBC) from any interference with or violation of the applicant’s right to dignity of human person, right to privacy and right to life and/or livelihood whether by means of publication or dissemination of any video documentary or by any means whatsoever pending the hearing and determination of the Motion on Notice for Interlocutory Injunction.

    Justice Tsoho adjourned till tomorrow for hearing of the motion on notice.

    Osinbajo alleged that the Peoples Democratic Party (PDP) had been sponsoring defamatory documentaries against him.

    AIT and NTA had, for weeks, been broadcasting a documentary detailing the “atrocious” past of the APC  presidential candidate, Gen. Muhammadu Buhari (retd.).

    The station also aired a similar documentary on APC national leader, Asiwaju Bola Tinubu, chronicling his series of alleged financial misconduct.

    Osinbajo maintained that the documentaries, which allegedly contained untrue information and injurious falsehood, constitute a personal attack on his person.

    He argued that the videos were being aired in violation of his fundamental human right to dignity of human person, right to privacy and family virtue and right to life and/or livelihood as protected by Sections 33, 34 and 37 of the 1999 Constitution.

    ”Unless the respondents are restrained in the manner requested in this application, damages will be grossly inadequate to compensate or redress the unquantifiable, unwarranted and malicious damage to the applicant’s right to dignity of human person, right to livelihood and privacy guaranteed and protected under Sections 33, 34 and 37 of the 1999 Constitution of the Federal Republic of Nigeria.”

    After listening to Falana’s submission, Justice Tsoho ordered that NTA and AIT  and any other broadcast station should forthwith stop the broadcast of the damaging documentary which the applicant complained of until the determination of the substantive suit.

  • Court refuses Adamawa CJ’s prayer to stay hearing in Nyako’s suit

    The Adamawa Chief Judge, Justice Ishaya Banu, has lost in his bid to stay proceedings in the suit filed before the Federal High Court, Yola by ex-Governor Murtala Nyako.

    In a ruling yesterday, a three-man panel of the Court of Appeal, Yola (now sitting in Abuja), refused Banu’s prayer for a stay of proceeding in Nyako’s case pending the determination of his (Banu’s) appeal.

    The court, however, abridged time within which parties are to file and serve their briefs of argument. It gave the appellant and respondent one week each.

    Justice Banu had appealed the decision by Justice Bilikisu Aliyu, the then judge in the fundamental rights’ enforcement suit by Nyako. Banu had applied to be made a party in the suit. But Justice Aliyu refused his application on the grounds that he was not a necessary party, a decision he appealed.

    Nyako had initiated the suit to challenge the process leading to his impeachment last year. The suit, with the Adamawa State House of Assembly and others as defendants, was one of two suits filed by the governor shortly after his impeachment.

    Nyako had, in November 2014, alleged that he was denied a fair hearing by the impeachment panel, which recommended to the House of Assembly that he should be removed from office.

    Justice Aliu concluded hearing in the fundamental rights’ enforcement suit and adjourned till February 12. Before the date scheduled for judgment, the Chief Judge, Justice Auta, called for the file on the grounds that a petition was written against the judge by the Chief Judge of Adamawa State, Justice Ishaya Banu, through his lawyer, Festus Keyamo.

    Nyako protested Justice Auta’s action in a February 2015 petition to the National Judicial Council (NJC), accusing him of seizing the case file and “thereby forestalling the delivery of the court judgment slated for February 12.”

    Chief Registrar of the Federal High Court Mrs. Rosemary Dugbo-Oghoghorie, on February 18, denied Nyako’s allegation. She said the chief Judge called for the case file to enable him address a petition dated February 3, 2014, written to his office by Festus Keyamo, who is the lawyer to the chief judge of Adamawa State, a party in the case.

    The case has now been reassigned to another judge, Justice M.G Umar of the Bauchi division of the Federal High Court. The new judge has fixed hearing for March 17.

     

  • Court adjourns N621m suit against LAGBUS till April 27

    In ikeja High Court sitting in Lagos has adjourned till April 27 hearing in the N621 million suit filed by the family of a Lagos businessman, the late Francis Oranyeli against the LAGBUS Asset Management Company Limited, operators of the Bus Rapid Transit (BRT).

    The family led by its head, Pastor Victor Oranyeli is seeking N621 million from LAGBUS and its driver, Babatunde Ogun, as compensation for the death of itsbread winner.

    The other claimants in the suit are the late Oranyeli’s younger brother, Chinedu Oranyeli and widow, Mrs Taiwo Oranyeli.

    The late Oranyeli was allegedly knocked down by Ogun who drove a bus belonging to the company on September 5, 2013 while standing on the kerb at Ebute Ero, Lagos.

    The victim sustained spinal cord injury and died at the Lagos University Teaching Hospital (LUTH) in Idi-Araba, Mushin, Lagos.

    When hearing resumed in the case yesterday, counsel to the claimants, Chief Gabriel Amu Justice Atinuke Oluleye that attempts to resolve the matter amicably were being frustrated by the company and its insurers.

    Amu urged the court to hold the defendant company accountable as the victim was a young man who left behind dependants including a wife, three children and aged parents.

    But counsel to the defendants Mr. I. Okorie asked for more time to respond to the plaintiffs’ claims.

    Justice Oluyemi granted his request and adjourned the case till April 27.

    In their statement of claim, the plaintiffs are demanding for a declaration that the “driving of Babatunde Samuel, the 2nd defendant, in the course of his employment as staff, driver, employee of LAGBUS Asset Management Limited, which led to the death of Francis Oranyeli on the 5th day of September, 2013 was negligent and caused the death of late Francis Oranyeli.”

    They therefore demanded “a sum of N121, 200,000 being special damages for negligence, reckless, dangerous, and drunken driving committed allegedly by the second defendant whilst in the employment of the first defendant which occasioned and caused the death of the late Francis Oranyeli.”

    The plaintiffs are also asking the court for “N500 million being general damages for negligence, lack of consortium, lack of sustenance and maintenance, bereavement, loss of estate, loss of earnings, traumatic shock and emotional suffering consequent upon the death of Oranyeli occasioned by the lack of due care and negligence of the second defendant, who at all material times was in the employment of the 1st defendant.”

    They averred that the first defendant’s driver, driving negligently without due care and caution recklessly and dangerously, was involved in an avoidable accident with four cars, resulting to the injury and death of Francis Oranyeli, who was a pedestrian on the side of the road,” it stated.

     

  • Court grants mandamus to activist to compel INEC not to shift polls

    Justice Abdul Kafarati of the Federal High Court Abuja has granted leave to a human rights activist, Mr. Richard Akinnola, to seek for an order of Mandamus compelling the Independent National Electoral Commission (INEC), the Service Chiefs and the National Security Adviser from further postponing the March 28 and April 11 elections.

    The permission was granted following an ex parte motion filed by the activist and argued by the Festus Keyamo Chambers.

    In his substantive suit, the activist is seeking for an Order of Mandamus compelling INEC to conduct the scheduled March 28 elections, irrespective of “the advice, position or opposition of the 3rd to 6th respondents (Chief of Army Staff, Chief of Air Staff, Chief of Naval staff and the National Security Adviser.

    He is also seeking for an order compelling the Inspector General of police “to provide men and materials for the protection and security of the men and materials of the 1st respondent (INEC), during the conduct of the election”.

    Akinnola is also seeking for on order of injunction restraining the service chiefs from further interfering with INE’s conduct of the 2015 elections.

    The suit has been adjourned to March 23.

  • Court dismisses CBN ‘s objections to Bank PHB shareholders’ suit

    Court dismisses CBN ‘s objections to Bank PHB shareholders’ suit

    HE Federal High Court in Lagos has dismissed preliminary objections filed by the Central Bank of Nigeria (CBN), the Asset Management Corporation of Nigeria (AMCON) and others against a suit by some shareholders of the defunct Bank PHB Plc.

    Justice Mohammed Yinusa assumed jurisdiction in the suit in which the plaintiffs are challenging the alleged illegal transfer of their shares to Keystone Bank without compensation.

    The plaintiffs are demanding N38.6 billion from the defendants being “fair compensation” to them for the value of their investment in Bank PHB Plc.

    They are also praying for an order setting aside the alleged unlawful nationalisation, compulsory acquisition and expropriation of their investments in Bank PHB, and are seeking N20 billion as damages for the loss of value of their investments in Bank PHB.

    CBN, Keystone Bank, Attorney-General of the Federation, Nigeria Deposit Insurance Corporation (NDIC) and AMCON are the respondents.

    The plaintiffs said NDIC on August 5, 2011, wrote Bank PHB’s managing director informing him that the bank’s assets and liabilities had been transferred to Keystone Bank without any form of adequate compensation to the shareholders.

    The plaintiffs are praying the court to declare that the action amounted to unlawful compulsory acquisition of their investment and is, therefore, unconstitutional, arbitrary, null and void.

    The defendants, however, filed preliminary objections to the suit, urging the court to strike it out for lack of jurisdiction.

    Arguing the objection, CBN’s lawyer Kola Awodein said the plaintiffs did not bring the action properly.

    However, the plaintiffs’ lawyer, Anthony Idigbe, urged the court to dismiss the objections.

    Justice Yunusa held that as shareholders, the plaintiffs have a say in the bank, adding that no arm of government could take away a citizen’s right to acquire or hold property; therefore, there can be no compulsory acquisition of the shares.

    The court said the plaintiffs were right to exercise their right to sue.

    Justice Yunusa added that the plaintiffs have the locus standi to institute the action.

    “The mode of commencement is not material, there is no limitation on the time to bring a fundamental human right matter. Also, there is no requirement of compliance with the statutory pre-action notices when it involves fundamental human rights issues,” the court held.

    The verdict may affect AMCON’s planned sale of Keystone Bank in the second quarter of this year.

    Justice Yinusa adjourned till March 31 for hearing.

  • Court restores APC aspirant’s mandate for Lagos assembly

    Court restores APC aspirant’s mandate for Lagos assembly

    A Federal High Court in Lagos on Friday declared Wasiu Sanni as the lawful flag-bearer of the All Progressives Congress(APC) representing the Lagos Island constituency 1 in the April 11 election.

    Justice Ibrahim Buba made this declaration while delivering judgement in a suit filed by Sanni against the Independent National Electoral Commission (INEC), APC and Hakeem Masha, who was declared winner of the primary election.

    Sanni, in the suit numbered FHC/L/CS/34/15, had accused the APC of illegally transferring his mandate to Masha.

    He claimed to have polled 186 votes, while his opponent,  Masha  polled 70 votes in the December 2, 2014, party primary in Lagos.

    The plaintiff, through his lawyer, Mr. Wahab Shittu, sought a declaration of the court that the substitution of his name in the list forwarded to INEC with that of Masha, ran contrary of the provisions of sections 33, 34, 35, 36 and 37 of the Electoral Act, 2010.

    In a 37-paragraph affidavit deposed to support the originating suit, Sanni averred that he has  not, at any time withdrew his candidacy in the race for the Lagos House of Assembly on the platform of the APC.

    He insisted that he  remains the substantive and the lawfully-nominated candidate of the APC.

    “I state that I am alive, fully fit and in good condition of health.”

    But the APC and Masha, through their lawyers, Mr. Femi Falana (SAN) and Mr.  Bonojo Badejo (SAN), raised objection to the plaintiff’s prayers.

    Falana and Badejo  described the suit as “frivolous, vexatious and an abuse of court processes” and urged the court to dismiss same for want of jurisdiction.

    They also contended that the suit was “not initiated by the due process of law.”

  • Impeachment: Court restrains Ebonyi House of Assembly

    Impeachment: Court restrains Ebonyi House of Assembly

    An Abakaliki High Court presided over by Justice John Igboji, Wednesday granted an interlocutory injunction restraining the Ebonyi State House of Assembly from proceeding with any impeachment processes against the state governor, Chief Martin Elechi.

    The order followed a motion ex-parte brought by Governor Elechi against the Speaker of the House of Assembly, Hon. Chukwuma Nwazunku, the Chief Whip, Hon Kingsley Ikoro on behalf of fourteen other members of the Assembly and five others, seeking an interim restraining order against the first to the third respondents.

    Joined in the suit are Ebonyi House of Assembly, the State Chief Judge, Commissioner of Police, Inspector General of Police and the Attorney General of the Federation and Minister of Justice of Nigeria.

    In the motion filed by Chief G. Tagbo Ike on behalf of the plaintiff, Chief Elechi asked the court to grant him the order pursuant to order IV Rules 3 and 4 (IV) and (V); Order V rule 7(B) and (D) of fundamental rights (enforcement procedure) rules, 2009 praying the court for the following orders among others:

    (a)    An interim injunction restraining the 1st to 3rd respondents against the applicant without causing the applicant to be served with notice of impeachment pending the determination of the substantive application,

    (b)   An interim injunction restraining the 4th respondent from constituting the panel of seven persons to investigate the allegations of improprieties leveled against the applicant until the applicant is caused to be served pending the determination of the substantive application.

    In his ruling after hearing Chief Tagbo Ike with Chioma Okoromba, counsel to the plaintiff, Justice Igboji ordered that the application is hereby granted stressing that the interim injunction restrains “the 1st to the 3rd respondents from howsoever continuing with the impeachment proceeding against the applicant without causing the applicant to be served with notice of impeachment pending the determination of the substantive application”.

    The court presided over by Mr. John Igboji also granted an injunction restraining the Chief Judge of the State, Justice Alloy Nwankwo from constituting a panel of seven persons to investigate the allegation of improprieties leveled against Chief Elechi pending the determination of the substantive application.

    He said; “That the 4th Respondent is hereby restrained from constituting a panel of seven persons to investigate the allegation of improprieties leveled against the Applicant pending the determination of substantive
    application.”

    The judge after granting the injunction adjourned the matter for the substantive hearing to Tuesday, March 10.

    Chief Press Secretary, Dr. Onyekachi Eni in a reaction commended the judiciary for standing against injustice and regretted the media publications alleging that the state Governor has already been served by the House of Assembly.

  • ALGON hails Ugwuanyi on court victory

    Enugu State chapter of the Association of Local Government of Nigeria (ALGON) has congratulated the governorship candidate of the Peoples Democratic Party (PDP), Mr. Ifeanyi Ugwuanyi, on his victory in a suit challenging the authenticity of his candidature.

    The association, through a statement by its Chairman, who also chairs Enugu East Local Government, Mr. Cornelius Nnaji, described the judgment as a victory for democracy and an indication that the PDP would win the coming elections.

    ALGON thanked the indigenes, PDP members and supporters for their prayers and support while the case lasted and assured them of its collaboration with the party to entrench internal democracy, the rule of law and the principles of justice, equity and fairness.

    Nnaji, who was elated by Ugwuanyi’s popularity and acceptability, noted that the judgment vindicated PDP’s position that Ugwuanyi was elected as the governorship candidate of the party at the primary election on last December 8.

    He urged Senator Ayogu Eze and other aggrieved aspirants to accept the verdict in good faith and support stakeholders to ensure victory for the PDP.

    The ALGON chairman praised those who contributed to the victory, especially the national leadership of the PDP, the state leader of the party, Governor Sullivan Chime, other leaders and the Independent National Electoral Commission (INEC), among others, and urged “Ugwuanyi to remain steadfast and focused in his resolve to sustain the tempo of the PDP-led administration of Governor Chime through continuity and consolidation of the four-point agenda, if he is elected.”

     

     

  • Court refuses to stop Card Reader

    Court refuses to stop Card Reader

    THOSE pushing for a new Independent National Electoral Commission (INEC) helmsman may have lost the battle to cause disaffection within the agency, The Nation learnt yesterday.

    There have been calls for Prof. Attahiru Jega’s removal. Prominent among such callers are Ijaw leader Edwin Clark, former presidential adviser Dr. Chukwuemeka Ezeife and National Conference Planning Committee Chairman Dr. Femi Okurounmu.

    But, an attempt to enlist some National Commissioners into the Jega-must-go plot has collapsed, with the officials resisting  pressure to have him replaced.

    The “enraged” commissioners vowed to swim and sink with Jega instead of rocking the boat, a source said.

    Two of them have openly threatened to take legal action against the media associating them with moves to replace  Jega.

    Most of the National Commissioners  yesterday resolved to stand by Jega because, according to them,  the INEC boss has been a team player. They reportedly met with Jega to pledge their solidarity with him.

    Jega’s tenure is to end in June, but there are moves to force him to go on a terminal leave – a plot lawyers have dismissed as illegal because the INEC chairman’s tenure is not covered by civil service rules.

    The commissioners, said another source, also expressed their determination to thwart efforts to frustrate the conduct of the March 28 presidential election by causing disaffection within INEC.

    The commissioners specifically said they are opposed to any move to tamper with the leadership of INEC at a ‘critical period’.

    A source said: “None of the INEC National Commissioners is ready to replace Jega. These commissioners have resisted pressure to either move against Jega or replace him. Most of them were yesterday furious over reports linking them to succession intrigues in the commission.

    “Two of the commissioners opted for legal action to demonstrate their disinterestedness in the leadership of INEC.”

    One of them was quoted as saying: “I prefer to leave INEC with my shoulders high instead of being used against Jega.”

    A National Commissioner said: “Well, all I can say is that we have been doing a lot of teamwork here and Jega has been extremely transparent.

    “We are actually working round the clock for the conduct of the poll; we are not distracted in any way.

    “None of us will do anything differently from what Jega has done because we have been part of the team work. I can tell you that most of us are uninterested in replacing Jega. Some of us have met Jega to tell him our position to back him till the end.”

    The Chief Press Secretary to INEC chairman, Mr. Kayode Robert Idowu, said: “The commission considers the rumour about people seeking to replace the INEC chairman as distracting.

    “The commission is one, the decisions are collectively taken and there is no division whatsoever.”

    INEC yesterday named the 12 states where it will conduct mock elections to test run the use of Card Readers.

    INEC released the list in its bulletin No. 726 on the preparation for the general elections.

    The statement said: “ Ahead of the general elections rescheduled for March 28th and April 11th 2015 and taking advantage of the six weeks period of extension from the previous schedule, the Independent National Electoral Commission(INEC) is to further conduct field testing of the functionality of the Smart Card Readers to be deployed for the accreditation of voters on Election Day.”

    “According to the Commission’s Decision Extract issued on 26th February and signed by the Director(Commission’s Secretariat), Ishiaku A. Gali, the field testing will take place in two states of each of the six geopolitical zones of the Federation simultaneously  on March 7.

    “The states selected for the exercise are: Ekiti and Lagos(South-West); Anambra and Ebonyi(South-East); Delta and Rivers(South-South); Kano and Kebbi(North-West); Bauchi and Taraba(North-East); and Niger and Nasarawa(North-Central).

    “According to the Decision Extract, the Resident Electoral Commissioners(RECs) of the selected states are charged with the following tasks:

    •Selecting one Registration Area with full complement of the PVCs and with appreciable distribution level of such PVCs for undertaking the field test;

    •Ensuring that the Register of Voters in respect of all Polling Units(PUs) in the selected Registration Area is printed for the conduct of the exercise; and

    •Carrying out engagements with key stakeholders at the state level, and in particular, stakeholders in the selected Registration Area where exercise would be conducted to ensure massive participation by registered voters.

    “The Decision Extract further directed that National Commissioners are to supervise the conduct of the exercise in their zones and that Resident Electoral Commissioners (RECs) who are not selected for the exercise should observe the conduct of the exercise in their zones in conjunction with the National Commissioners.”

  • Court refuses to stop INEC from using Card Reader

    Court refuses to stop INEC from using Card Reader

    Some opponents of Card Reader Machines (CRM) yesterday lost their legal battle to stop the Independent National Electoral Commission (INEC) from deploying the equipment for the general elections.

    Justice Adeniyi Ademola of the Federal High Court, Abuja  in a ruling yesterday, declined to grant a prayer by four political parties – United Democratic Party (UDP), Action Alliance (AA), Allied Congress Party of Nigeria (ACPN) and Alliance for Democracy (AD) – for, among others,  an interim order restraining INEC from proceeding with plans to use the CRM.

    The judge noted that although the parties had made out a case for the granting of their prayers, sought ex-parte (without the knowledge of the other party), the balance of convenience, was not in their favour.

    “There is no loss that the plaintiffs will suffer if the defendant (INEC) is given the opportunity to respond to the issues raised. This court feels that it is fair that the defendant be given the opportunity to be heard,” the judge held.

    He, however, granted the plaintiffs’ prayers for abridgment of time for the defendant to respond and an order for accelerated hearing in the case.  He ordered INEC to within four days of the service of plaintiffs’ processes on it, respond and serve it responses on the plaintiffs. He adjourned till March 10 for hearing.

    The parties had, in the motion ex-parte, argued yesterday by Alex Iziyon (SAN), leading two other SANs, sought an order

    •of interim injunction restraining the defendant, its agents, servants, privies or assigns, by whatever name, from implementing or commencing or further implementing or further commencing or directing or further directing the use and preparation of the Card Reader Machine or any name of like nature, pending the hearing and determination of the motion on notice.

    •abridging time within which the defendant may file and deliver all responses to the plaintiffs’ originating summons and motion on notice to four days from the date of service of plaintiffs’ processes; and

    •an order granting accelerated hearing of the matter.

    Iziyon argued that INEC’s decision to deploy card readers for the election was a violation of the provision of Section 52(1)(2), which prohibits the use of any  electronic method of voting in the country. He contended that  the deployment of card reader  for voters’ verification could pass as electronic voting.

    The parties are among the 16 that supported the Peoples Democratic Party (PDP) in objecting to the conduct of the elections as earlier scheduled – on February 14 and 28. They have adopted President Jonathan (the presidential candidate of the PDP) as their candidate.

    The parties argued that the use of Card Reader Machine for the forthcoming election is not in conformity with the Electoral Act 2010 (as amended) and that their members who have been enlightened on the accreditation procedure as contained in the Electoral Act 2010 (as amended) would be disenfranchised as they were not educated on the use of Card Reader.