The Nation Newspaper

Tag: Court

  • Court workers insist on written undertaking from govt

    Court workers insist on written undertaking from govt

    Striking court workers, under the aegis of the Judicial Staff Union of Nigeria (JUSUN), said yesterday they will only end their three-week strike when Accountant-General of the Federation (AGF) Jonah Otunla and others write an undertaking in compliance with the judgment that voided the routing of judicial funds through the Executive.

    JUSUN’s President Marwan Adamu told our correspondent in Abuja yesterday that the series of meetings the union held with government’s representatives since the strike started had only resulted in verbal promises from the government.

    The union leader said JUSUN members would not accept any other thing except a written promise by representatives of federal and state governments.

    He said the union would abide by the January 13 judgment delivered by Justice Adeniyi Ademola of the Federal High Court in Abuja.

    Adamu said the AGF could be blamed for the lingering strike because of his refusal to comply with the judgment, which had been served on him.

    Justice Ademola, in the judgment, held, among others, that it was unconstitutional for the Executive to withhold or release in piecemeal the funds standing to the credit of the Judiciary in the Federation Account and Consolidated Revenue Fund.

    Adamu said: “Our demand is simple. JUSUN will suspend the strike, if we get a cogent, concrete and presentable commitment from the government.

    “We are not saying they should pay the money instantly. If, for example, the representatives of the Federal and state governments agree that there is a court judgment and that they have not complied with it but that they need one week, two weeks, or even one month to comply, that is a commitment. “

  • D’Tigers Captain, Oyedeji, Donates Basketball Court to Loyola College

    D’Tigers Captain, Oyedeji, Donates Basketball Court to Loyola College

    As part of his continued  effort to keep giving back to the society and as well stay connected to his roots, the captain of Nigeria’s senior basketball team, D’Tigers, Olumide Oyedeji, has built a standard basketball court for Loyola College, Ibadan, his alma mater. The basketball court will be commissioned on Saturday, August 2.

    According to Oyedeji, donating the basketball court was his contribution to the concerted effort to uphold the legacy of the school that prepared him for the future. Loyola College, he maintained, laid in him the foundation upon which he built his career in basketball. It became pertinent therefore to give back to the school.

    “I started playing basketball in Loyola College. The school, as a matter of fact, laid the solid foundation for my basketball career. It gave me hope and prepared me to become who I am today. The basketball court is my own way of giving back to the school and being part of the effort to sustain its legacy,” Oyedeji explained.

    Dignitaries to grace the event which is part of week-long activities to mark the 60th anniversary of the school include the Oyo State Commissioner for Youth and Sports, Hon. Umar Farouk Alao and Oyo State Commissioner for Information and Orientation, Hon. Gbade Lana, among others.

    Oyedeji, who is the most decorated Nigerian basketball player, further said his penchant to give back to the system informed the establishment of the Olumide Oyedeji Youth Foundation which exists primarily to help underprivileged, troubled and at risk youths create a brighter future, using sports as a platform.

    The Annual Olumide Oyedeji Basketball Camp is one of the foundation’s initiatives used in achieving these. The 15th edition of the basketball camp, which has empowered many youths and produced many young talented players, is scheduled for middle to the end of August this year in three cities in Nigeria – Lagos, Asaba and Calabar.

  • My father has failed me, boy tells court

    My father has failed me, boy tells court

    I love my parents, but my father has failed me.” These were the words of 10-year-old Michael, whose father, Sunday Ajibulu, yesterday, prayed the Customary Court at Alakuko, a Lagos suburb, to dissolve his 12-year-old marriage told the child’s mother, Bukola.

    Michael was the sole witness in the divorce case between hi parents.

    Ajibulu, 45, an employee of Berger Paints, accused his wife of being troublesome, adding that she lacks respect for his family and neighbours.

    “Since we got married, I have not enjoyed peace. Each time she realises that I don’t greet a neighbour, she easily presumes that I am having an affair with her. She wasn’t like this when I met her. I left our home because she rain curses on me whenever we have an argument. She has succeeded in turning my son against me. I have not made love to her this year because I am fed up. I don’t want to die; please, separate us,” he explained.

    But, Bukola, 32, a teacher, denied her husband’s allegations, saying she has been a supportive and caring wife.

    “Through thick and thin, I have stood by him. Words of encouragement toward him turned a rhythm for me. I have always been a humble wife and mother. We dined together and wore the same outfit.

    “My husband left home four months ago under the pretence that he was transferred to another branch. He said it was not possible to come home daily except weekends and I believed him. On seeing a court summons, I was shocked because he still made love to me before he left home and we talk almost every day,” she said.

    She prayed the court not to dissolve the marriage because  she still loves her husband.

    The court President, Chief Godwin Awosola, ordered Ajibulu to pay N15,000 to the registrar for the child’s upkeep. He also advised the couple to maintain peace and adjourned the case till August 28 for further hearing.

  • Cabotage levies: NIMASA, NLNG settle out of court

    Cabotage levies: NIMASA, NLNG settle out of court

    FRESH fact emerged at the weekend that the Nigerian Maritime Administration and Safety Agency (NIMASA) had withdrew its lawsuit against the Nigeria Liquified and Natural Gas (NLNG) Limited.

    The Attorney General of the Federation and Minister for Justice, Mr. Mohammed Adoke (SAN) was reported to have prevailed on the NIMASA to withdraw the suit.

    It would be recalled that NIMASA had taken the management of the NLNG to court following arguments over whether or not the latter ought to pay 2 % cabotage and 3 % freight levies for shipping by Bonny Gas Limited, a subsidiary of NLNG, estimated at over $400million to NIMASA from September 2007 till date.

    The case which had began under Dr. Ade Dosunmu, the erstwhile Director-General of the agency and was further pursued by his predecessor, Temisan Omatseye, has been a hotly debated issue and reportedly led to the abrupt exit of Omatseye who has been on suspension in the last two years, sources said.

    The Nation can authoritatively report that the matter hitherto under Justice Nyako of the Federal High Court, is presently before Justice Rita Ofili-Ajumogobia of the Federal High Court, Lagos, and initially billed for further hearing in February will not be heard as both parties are returning to the negotiation table anytime soon.

    The Nation reliably gathered from informed sources that the AGF who seemed not comfortable with the turn of events, had issued a directive to the management of NIMASA to have the case withdrawn without further delay in order to settle out of court.

    Sources further told The Nation that Adoke had made frantic moves to have the matter withdrawn in court by the NIMASA management under the former DG, Omatseye, since 2010 but could not have his way because the then management insisted that he had to follow the due process.

    It was learnt that the minister may have arm-twisted the current management into doing his bidding.

    However when our correspondent got across to the Agency through its Head of Media, Hajia Lami Tumaka, she insisted that the matter was still pending in court.

    According to her, “The case is still in court and as such I cannot comment and as to whether NIMASA has settled out of court, it is only the Executive management board that can have a position on that. The case, I understand is coming up for further hearing in February.”

    Speaking with our correspondent yesterday, Professor Itse Sagay (SAN), the counsel representing NIMASA in the case confided in The Nation that both parties had taken the option of an out-of-court-settlement.

    Probed further, the professor of constitutional law reiterated that the case had been withdrawn but emphasised that due to client-confidentiality he would not be persuaded to give further details on the matter.

    Confirming this development, Dr. Kudo Eresia-Eke, Acting General Manager, External Relations, Nigeria LNG Limited, in an exclusive interview with The Nation yesterday said, it was true that NIMASA had indeed withdrew the case from the law court.

    While giving insight on what led to the litigation between his organisation and NIMASA, Eresia-Eke said: “Basically not much has transpired between the NLNG and NIMASA. As you know, what happened was that there were some levies and we argued that those levies were not meant for us because of our Act and they (NIMASA) went ahead to court.”

    Pressed further, he said: “I think later on, they decided to suspend the whole thing. I believed they did so because they had good intentions and we have no problem with that.”

    Expatiating, he said: “My understanding is that they have withdrawn the case and we are going to have a discussion. The negotiations we are going to have would be subject to how they approach us and what the issues might be and we can only respond based on the fact and information we have on ground. It is not what you can conjecture.”

    On insinuations that the AGF may have influenced the outcome of the matter, the NLNG spokesman said the decision to withdraw the case in the instance of the minister was well-intended and may have been taken to actualise peaceful settlement.

    The litigation between the NLNG and NIMASA had been ongoing in the past few years. The Nation gathered that the NLNG management under the former Managing Director, Chima Ibeneche, had asked NIMASA to go to court to contest the NLNG Act, which granted the NLNG and its contractors a tax holiday and several other incentives.

    However, following discussions with NIMASA and NLNG, both parties had agreed that the latter should carry out some projects in lieu of payment.

    The communiqué issued at the end of the parley in 2009 tagged: “Proposal on Projects that will Assist the Development of the Safety Administration in Nigeria”, addressed 14 critical areas of need namely: purchase of two number surveillance helicopters at the cost of $18.0million; four number pollution monitoring, control boats at $20.0m; five number defender, bullet proof patrol boats at $30.90m; two number offshore patrol boats with fire fighting capability at $30.0m; funding of PICOMMS projects at $26.0m to mention but a few.

    But The Nation gathered that the meeting called at the instance of NIMASA to ratify the proposal ended in a deadlock

  • Court orders police to pay N10m to church

    Court orders police to pay N10m to church

    An Effurun High Court has ordered the police to pay N10 million as general damages to a church, Truth Ground Prophetic Ministry Incorporated.

    The claimants, the church and Pastor Joshua Emmanuel Thomas, sued the police, demanding N50 million for general and special damages for the destruction and trespass on a land belonging to the claimants.

    Justice J.E Ikede ruled that the claimants were the true and bonafide owners of the  land on Ogbe Family Layout, behind Police Barracks, DSC Express-way Effurun.

    The Divisional Police Officer, Ebrumede, Suleman Ukhurebor, the Commissioner of Police, the Inspector General of Police and Police Service Commission were all defendants in the suit.

    The court also gave an order of perpetual injunction, restraining the defendant, their agents, servants and privies, from preventing the claimants from gaining accesses to the use and enjoyment of the piece of land.

    “A declaration that the claimants are the persons entitled to a land statutory right of occupancy over all that piece of land measuring approximately 1509.389 square meters lying being and situate at Ogbe Family Lay-out behind Police Barracks, Off DSC-NPA Express way Effurun in Uvwie Local Government Area.

    “A declaration that acts of the defendants in entering the claimants said piece or parcel of land without their consent and authority and thereon perpetuated untold damages and destruction is illegal and amount to wanton trespass.

    “The sum of N10, 000, 000.00 (ten million naira as special and general damages for the destruction and trespass committed by the defendants on the claimants said land and properties,” the judge ruled.

  • Federal High Court workers may join strike

    There are stong indications  that Federal High Court workers may join the strike by their state high court counterparts under the aegis of the Judiciary Staff Union of Nigeria (JUSUN).

    Workers embarked on the strike to enforce their demand for the financial independence of the judiciary.

    It is also to show solidarity judiciary workers in Rivers State who are protesting the presence of two heads, one appointed by the National Judicial Council (NJC) and the other by the state government.

    It was learnt that JUSUN officials have started mobilisation of their Federal High Court members across the country and have put them on red alert should the federal government fail to meet their demands.

    Since the strike commenced last week, Judges of the High Court of Lagos state, lawyers, police and prison officials for instance, have not been able to access the court rooms.

    As a result, activities had remained  paralysed as no court room was opened for adjudication of cases.

    The two main gates of the headquarters of the High court of Lagos state along Oba Akinjobi road and Old Secretariat road, GRA, Ikeja remained under lock  by the workers to prevent litigants and their counsels from going into the court premises.

    Many cases which ought to have been heard, including high profile ones involving oil marketers, chairman of Bi-Courtney Limited Chief Olawale Babalakin and Chairman, Cross Country Transport Company, Chief Bube Okorodudu were stalled by the workers’ strike.

    Chief  Okorodudu, for instance,  who came to Ikeja High  court last week, in compliance with an order of the court presided by Justice Lateef Lawal-Akapo could not gain entrance into the court premises.

    Justice Lawal-Akapo issued a warrant for the arrest of Okorodudu to appear in court yesterday to answer alleged theft charges of N82.8million preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Okorodudu’s counsel  Godswill Mrakpor said his client’s absence from the court was because he travelled out on health grounds.

    He said Okorodudu, immediately on arrival in the country last week  reported himself to the police at Zone 2, Onikan and was in court as ordered by the trial judge.

    Workers at the other divisions of the High Court of Lagos State, including Ikorodu, Lagos and Badagry also locked the gates against judges and lawyers in compliance with the directive of the Judiciary Staff Union of Nigeria (JUSUN).

    JUSUN last week directed its members to shut all courts with the exception of federal courts for failure of the Federal Government to implement the judgment of a Federal High Court on the financial autonomy of the state judiciaries councils.

    In a communique at the end of an emergency meeting,  the National Executive Committee (NEC) of the union, JUSUN also asked Federal judiciary workers to be at alert because they may be requested to join the strike in solidarity with their state counterparts.

    The communique,  jointly signed by the National President of the union, Marwan Adamu, and the General Secretary, Isaiah Adetola, also stated that the national secretariat of the union has taken over the industrial dispute embarked upon by the Rivers state JUSUN recently over leadership crisis.

    JUSUN further described as “unfair” for both the National Judicial Council, (NJC) and the Rivers State Judicial Service Commission (JSC), to issue two separate directives for and against returning to work.

    The union said they had to solidarise with their colleagues as the workers cannot serve two masters at the same time.

    He said the union members in Rivers would not resume unless the critical stakeholders in the state amicably resolve the matter so as to ensure security of the workers.

    According to the communique, “the security and protection of our members is no longer guaranteed in this leadership crisis that engulfed the Rivers State Judiciary in the last one year”.

    It also said: “After the exhaustive deliberation on the refusal/failure of state Governments to respect/implement the Federal High Court Abuja, judgment /orders in respect of financial autonomy of state Judiciaries as well as failure of stakeholders to abide by the decision to set up a technical implementation committee of the FAAC meeting of  June 17, it is resolved by NEC:

    “That all Judiciary staff at state level nationwide should proceed on an indefinite strike with effect from Friday, July 11.

    “That the National secretariat of the union shall notify Federal Judiciary workers to join the action as events unfolds.

    “That the National Executive Committee of the union after a review of events in Rivers state Judiciary also resolved that JUSUN members in the state should continue and sustain their current strike until the major stakeholders, fine an amicable resolution of the leadership crisis in Rivers state judiciary.

    Meanwhile the NEC in session has announced total takeover of action in Rivers State”

  • Court cites council officials for contempt

    Justice Adeniyi  Adebajo of a Lagos High Court has convicted the Ojo Local Government, its chairman and eight others for contempt.

    The council chiefs and other defendants  were charged for contempt  in a suit filed by a Lagos-based businessman, Chief Chika Elile and his company, Chika and Sons Limited.

    The council, its officers and some defendants were charged with  disobeying  an order made on April 15, 2008 over a land at Alaba International Market, Ojo Area of Lagos State.

    Ruling, Justice Adebajo also imposed N7.5 million fine on the council while its four other top officers are to pay N1million each.

    Others  convicted of the charge  were also fined N100,000 each.

    According to the judge, all the defendants must pay  the fines within 30 days of the judgment.

    Earlier, Justice Adebajo, in a suit filed by the businessman, restrained both the state government, the local government, its officers and other defendants in the suit from seeking or making acquisition of the said property in dispute for any purpose whatsoever as it runs contrary to the principle of the plaintiffs’ pendens.

    He restrained the local government from introducing any innovation or interfering with the land the subject matter of various disputes.

    The judge also suspended the Certificate of Occupancy granted to the council during the suits and declared it as of no effect until the final determination of all the  suits.

    The court heard that notwithstanding the service of Forms 48 and 49, the council through its chairman has not budged from its acts of illegality by continuing in triple fold, to disobey the order/judgment of the court up to date.

    The court also noted that  other defendants had placed hoodlums and members of the Oodua Peoples Congress (OPC)  with dangerous weapons on the land.

  • Kogi Utd 2-0 Supreme Court: It was hard earned victory, says Biffo

    Kogi Utd 2-0 Supreme Court: It was hard earned victory, says Biffo

    Head Coach of Nigeria National League side, Kogi United FC, Abdullahi Biffo has praised his players’ performance for their 2-0 victory over Supreme Court FC in their Week 20 encounter at the Confluence Stadium, Lokoja on Saturday.

    Biffo informed SportingLife that his team could not play at their very best due to fatigue they suffered in their away trip to Sokoto mid week.

    A goal in each half from Sanusi Pedro and Aminu Abdulkadir made it a losing return for Osho, who was asked to step aside as the Head Coach of Wada Boys in mid-season, now in charge of visiting Supreme Court.

    “I didn’t attach too much importance to this match until the blast of the whistle, you know we just returned from a 14 hour journey on Thursday, and that was telling on us today; we could have done better, but I also like to praise the Supreme Court boys, they really pressed us, challenged us all through, we promise our next game(against DSS) will be better as we will have time to rest and prepare,” said Biffo.

    Former Head Coach of Kogi United, Fatai Osho also showered praises on his former club despite his new club’s loss to the Wada Boys.

    Osho, who said his boys’ display was satisfactory having come together within just three weeks, noted that Kogi United will always remain in his heart.

    “It was a fantastic game, I can’t expect anything less from Kogi United, this is a team that is destined and deserved to be at the top, I congratulate the boys of Kogi United, it will always remain in my heart as I enjoyed my stint here, but I also commend my boys for at least holding Kogi United to this extent, this is just a three week old team, we are building a new Supreme Court, and I hope we will get it right,” Osho said.

    Chairman of the Confluence State club, Abdul Adama said the players really showed their former handler how improved they are as he remained coy on the club’s promotion ambition.

    Adama, however, called on the supporters and fans of Kogi United to continue with their support for the club as each game will be dealt with as they come.

    Kogi United have garnered 31 points from 19 games and will next host DSS FC on Saturday in Lokoja.

  • Cabotage levies: NIMASA, NLNG settle out of court

    Cabotage levies: NIMASA, NLNG settle out of court

    FRESH fact emerged at the weekend that the Nigerian Maritime Administration and Safety Agency (NIMASA) had withdrew its lawsuit against the Nigeria Liquified and Natural Gas (NLNG) Limited.

    The Attorney General of the Federation and Minister for Justice, Mr. Mohammed Adoke (SAN) was reported to have prevailed on the NIMASA to withdraw the suit.

    It would be recalled that NIMASA had taken the management of the NLNG to court following arguments over whether or not the latter ought to pay 2 % cabotage and 3 % freight levies for shipping by Bonny Gas Limited, a subsidiary of NLNG, estimated at over $400million to NIMASA from September 2007 till date.

    The case which had began under Dr. Ade Dosunmu, the erstwhile Director-General of the agency and was further pursued by his predecessor, Temisan Omatseye, has been a hotly debated issue and reportedly led to the abrupt exit of Omatseye who has been on suspension in the last two years, sources said.

    The Nation can authoritatively report that the matter hitherto under Justice Nyako of the Federal High Court, is presently before Justice Rita Ofili-Ajumogobia of the Federal High Court, Lagos, and initially billed for further hearing in February will not be heard as both parties are returning to the negotiation table anytime soon.

    The Nation reliably gathered from informed sources that the AGF who seemed not comfortable with the turn of events, had issued a directive to the management of NIMASA to have the case withdrawn without further delay in order to settle out of court.

    Sources further told The Nation that Adoke had made frantic moves to have the matter withdrawn in court by the NIMASA management under the former DG, Omatseye, since 2010 but could not have his way because the then management insisted that he had to follow the due process.

    It was learnt that the minister may have arm-twisted the current management into doing his bidding.

    However when our correspondent got across to the Agency through its Head of Media, Hajia Lami Tumaka, she insisted that the matter was still pending in court.

    According to her, “The case is still in court and as such I cannot comment and as to whether NIMASA has settled out of court, it is only the Executive management board that can have a position on that. The case, I understand is coming up for further hearing in February.”

    Speaking with our correspondent yesterday, Professor Itse Sagay (SAN), the counsel representing NIMASA in the case confided in The Nation that both parties had taken the option of an out-of-court-settlement.

    Probed further, the professor of constitutional law reiterated that the case had been withdrawn but emphasised that due to client-confidentiality he would not be persuaded to give further details on the matter.

    Confirming this development, Dr. Kudo Eresia-Eke, Acting General Manager, External Relations, Nigeria LNG Limited, in an exclusive interview with The Nation yesterday said, it was true that NIMASA had indeed withdrew the case from the law court.

    While giving insight on what led to the litigation between his organisation and NIMASA, Eresia-Eke said: “Basically not much has transpired between the NLNG and NIMASA. As you know, what happened was that there were some levies and we argued that those levies were not meant for us because of our Act and they (NIMASA) went ahead to court.”

    Pressed further, he said: “I think later on, they decided to suspend the whole thing. I believed they did so because they had good intentions and we have no problem with that.”

    Expatiating, he said: “My understanding is that they have withdrawn the case and we are going to have a discussion. The negotiations we are going to have would be subject to how they approach us and what the issues might be and we can only respond based on the fact and information we have on ground. It is not what you can conjecture.”

    On insinuations that the AGF may have influenced the outcome of the matter, the NLNG spokesman said the decision to withdraw the case in the instance of the minister was well-intended and may have been taken to actualise peaceful settlement.

    The litigation between the NLNG and NIMASA had been ongoing in the past few years. The Nation gathered that the NLNG management under the former Managing Director, Chima Ibeneche, had asked NIMASA to go to court to contest the NLNG Act, which granted the NLNG and its contractors a tax holiday and several other incentives.

    However, following discussions with NIMASA and NLNG, both parties had agreed that the latter should carry out some projects in lieu of payment.

    The communiqué issued at the end of the parley in 2009 tagged: “Proposal on Projects that will Assist the Development of the Safety Administration in Nigeria”, addressed 14 critical areas of need namely: purchase of two number surveillance helicopters at the cost of $18.0million; four number pollution monitoring, control boats at $20.0m; five number defender, bullet proof patrol boats at $30.90m; two number offshore patrol boats with fire fighting capability at $30.0m; funding of PICOMMS projects at $26.0m to mention but a few.

    But The Nation gathered that the meeting called at the instance of NIMASA to ratify the proposal ended in a deadlock.

  • Nyako’s impeachment: APC will go to court, says Odigie-Oyegun

    Nyako’s impeachment: APC will go to court, says Odigie-Oyegun

    National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, yesterday said the party would challenge the impeachment of Adamawa State Governor Murtala Nyako in court.

    Nyako himself has vowed to head for the court.

    Odigie-Oyegun said: “I don’t know how much I can say   to that your question because I think if we are not already in court, I think we should be.

    “But it is clear that there was no due process. Even as loose as the provisions are, they did not have the patience and decency to abide by them.”

    Asked to be specific, Oyegun said: “For example, just to take the basic one:  the law provides that the governor must be personally served. Was he served personally? “Secondly, there was a subsisting court order, which should have stopped the impeachment process until the governor’s petition was disposed off. But they went ahead. “There are a lot more other but when our lawyers go to court, you will see that. Concerning allegation of gross misconduct, it was the most fair- less impeachment procedure on record up to date.

    “I have no doubt in my mind that any properly constituted legal tribunal is going to reverse the process.

    We are going to vigorously challenge what has happened in Adamawa State.”

    Oyegun was however taken to task by reporters on why APC had to blame President Goodluck Jonathan for the impeachment of Nyako after the former governor publicly absolved the President of complicity.

    Oyegun insisted that there was no contradiction between the party’s position and Nyako’s purported statement.

    He added: “There is no contradiction there. The governor did what he had to do. But we will agree as a party what to do when the need arises for us to do it. There is no contradiction, the governor is a governor, the party is a party. That is a bit different.

    “On the loose provision of the constitution, our legal luminaries and representatives will look into it.

    “In this nation, you know what happens, when the weakness of the law favours those who have the hammer in their hand, they use it to the fullest possible effect.”