The Nation Newspaper

Tag: Court

  • UNPAID DEBTS: Ex-Nasarawa Utd players, coaches drag club to Industrial Court

    UNPAID DEBTS: Ex-Nasarawa Utd players, coaches drag club to Industrial Court

    • Threaten to take case to FIFA

    Former players and coaches of Nasarawa United have taken the club to the Federal Industrial Court in Makurdi, Benue State for the Lafia’s sides failure to pay up the debts owed them for several seasons.

    The Federal Industrial Court is meant to settle disputes that arise between two individuals or body so that the cheated party can get back what had been denied.

    Making this known to SportingLife, an ex player of the club, Yahaya Garuba better known as Baba Alhaji said that all attempts for Nasarawa United to pay the debts of all those that have meritoriously served them in the past have fell deaf ears.

    He said what the club had only done was to selectively settle some prominent individuals whom the club top officials knew would use their influence and clout to worry them.

    Garuba noted that despite all his cries for justice, Nasarawa United have not deemed it proper to pay his debts and that of others, hence their resolve to go to the Industrial Court.

    He also added that they have started making consultations on how to draw the attention of FIFA to the issue if they do not get proper redress at the Federal Industrial Court in Makurdi.

    Garuba said that he was visibly disappointed in Nasarawa United that the club’s lawyer couldn’t even appear at the Industrial Court during the first sitting on December 2 despite adequately given notice of summons to come.

    He went ahead to add that he was still at a loss why Nasarawa United and some other clubs that are indebted to their players and coaches are still allowed to continue to play in the premier league when FIFA laws stipulate that debtors should be shown the way out.

    Garuba concluded that it would be bringing the law court into disrepute if Nasarawa United fail to appear during the second sitting on January 9th in Makurdi.

    It would be recalled that Garuba last season seized the official vehicle of Nasarawa United when the club came to Kastina Ala to play Lobi Stars. The club’s vehicle was only released after pleas from football stakeholders in Benue after the club promised to pay the affected players. The payment has not been forthcoming since then.

  • NBA, others seek quick justice delivery

    NBA, others seek quick justice delivery

    THE Nigeria Bar Association (NBA) and stakeholders have urged Nigerians to fight for the independence of the judiciary to ensure good governance and sustainable development.

    They made the call at the three-day Seventh Annual Conference of the NBA Section on Legal practice (SLP), at Royal Choice Hotel, Old GRA Lobi Quarters, Makurdi, the Benue State capital.

    It was declared open by Benue State Governor, Gabriel Suswam. Former Chief Justice of Nigeria (CJN) Justice Dahiru Musdapher, chaired the event; Nigeria Bar Association (NBA) President, Okey Wali, SAN; Chairman, Section on Legal Practice, Mr. Donald Denwigwe (SAN) gave opening remarks.

    The Inspector-General-General of Police (IGP), Mohammed Abubakar, who was the keynote speaker, was represented by the Assistant Inspector-General of Police (AIG), Mike Zokulo.

    Wali said infrastructural development and delivery were vital to nation building, noting that the efficient and effective delivery of services by the government, is dependent on the delivery of infrastructure.

    He said: “The critical importance of well- performing public institutions, especially the Judiciary has attracted the attention of many. In the past, the focus was only on independence of the Judiciary from the other arms of government and how to secure the tenure of judicial officers. But now, infrastructural development and information technology in the administration of justice have assumed do much prominence that it is seen as a mechanism for efficient and effective justice service delivery.

    “It goes without saying that some aspects of Justice Sector are bedevilled by decay, inefficiency and corruption. It is disturbing to note that in spite of all the reform measures that have been formulated over the years, the challenges impeding efficient and effective delivery of justice have continued unabated.”

    ‘’The provision of infrastructure such as power supply, court rooms, information technology, court procedures, and court processes, enforcement of judgement, appellate jurisdiction, and access to court,’’ he said, “are areas where challenges are being faced. Some are public utilities which are provided at the state and local government levels. In this regard, power supply and road stand out. Even information technology is dependent on regular supply of electricity.

    Justice Mudapher said: “The theme of the conference Justice delivery-The challenges and opportunity for stakeholders, is a clarion call to stakeholders to reassess our present strategies, adjust where necessary, in order to effectively and efficiently reposition our administration of justice for the good of our society.

    “The theme suggests that all is not well with the administration of justice in Nigeria. The quality of personalities here today, is an attestation to the fact that some positive actions would be taken to confront whatever challenges that our justice sector is at present facing. This is a duty we must perform. Providence has thrust this duty on our broad shoulders. We cannot shirk from our societal responsibility, considering the fact that the relevance of our justice administration is solely predicted upon public trust and confidence. When public confidence is lacking in justice delivery system, it is a recipe for chaos and anarchy. We do not wish that for our society, hence this gathering to proffer solution to the challenges confronting us in criminal matters, for example: Section 36(4) of the 1999 constitution of the Federal Republic of Nigeria (as amended) states: “Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.”

    Musdapher added: “The ‘conveyor’ belt syndrome where cases lasts for years from the court of first instance to the apex court, create the impression to the ordinary citizen that the quest for justice in our society is almost unrealisable. But we do know that the justice administration exists for the members of the society. If this is so, why then would the beneficiaries of our justice administration fall victims to same system that was established for their benefit? What are those challenges that have been facing justice delivery in our society? In what ways can these challenges be confronted in order to meet the yearnings and aspirations of an ever changing dynamic society? The above questions among others are the issues that this conference should diligently deal with.”

    Also, Abubakar said: “The Constitution of the Federal Republic of Nigeria 1999 as amended envisaged quick dispensation of justice. Section 35(4) and 36(4) provide: ‘Any person arrested or detained for a criminal offence shall be brought before a court of law within a reasonable time and anybody who is charged with a criminal offence shall unless the charge is withdrawn be entitled to a fair hearing in the public within a reasonable time by the court or tribunal’.

    “Section 294 (1) of the 1999 Constitution as amended also provides that ‘every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause of matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.”

    The IGP said the constitutional goals could only be realised where there are a robust infrastructural support system and well-trained and well-motivated personnel who are the key operators of the criminal justice system.There is, therefore, a high degree of correlation between speedy justice delivery and the level of available infrastructure and skilled as well as motivated workforce in the criminal justice system.

    “The truth, however, is that criminal cases, more often than not, hardly get decided within a year or more in spite of these elegant and profound constitutional provisions. This is largely so because, there is no adequate capacity in terms of infrastructure and skilled human resources to ensure the realisation of speedy dispensation of justice. It is therefore, imperative that in addition to legislative enactments, adequate support system must be put in place to ensure an efficient criminal justice administration system,” he added.

    The conference was attended by prominent lawyers from all parts of the country.

     

     

     

  • Court strikes out Adoke’s name in expatriate quota suit

    A Federal High Court sitting in Abuja has struck out the name of the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), from a suit by the Nigerian Employers Consultative Association (NECA) against the Federal Government on expatriate quotas. Justice Adeniyi Ademola held that no allegation or complaint was made against the minister.

    He said it was not enough to join Adoke for merely being the Chief Law Officer of the Federation.

    The judge said if the court needs Adoke’s presence, he would be invited.

    “This civil suit can be conveniently determined by this court without the presence of the first defendant as the Federal Government of Nigeria is not a proper party to this suit.

    “This is a clear case of mis-joinder of a party to a suit. Accordingly, first defendant (Adoke) ought to be and is hereby struck out for not being proper and necessary party in this suit as no reliefs are claimed against him.”

    The court also held that the National Assembly has the constitutional power under sections 88 and 89 of the 1999 Constitution to direct an investigation against any person.

    NECA, Seven-Up Bottling Company PLC and Paterson Zochonics Industries PLC through their counsel, Dr.Tunji Abayomi had challenged the powers of the House of Representatives’ Committee on Labour, Employment and Productivity, to investigate “allegation of abuse of expatriate quota by various users companies,” among other issues raised for determination.

     

     

     

     

  • Court to rule on suit against firm Jan 27

    Court to rule on suit against firm Jan 27

    Justice Oludotun Adefowope-Okojie of the Lagos High Court in Ikeja will on January 27, next year decide whether she can hear a suit against a Lagos-based company, Caverton Helicopters Limited, by some of the firm’s former staff.

    The claimants led by Mr. Ebere Joshua Sokwa sued the firm and its Business Development Manager, Mr. Lolade Makanjuola for alleged wrongful termination of appointment, unlawful arrest and detention.

    At the last hearing, the defendants, through their counsel, Mr. Akinwale Irokosu, filed an application challenging the court’s jurisdiction.

    Citing the Constitution and the Trade Union Act (third alteration) 2011, they argued that it was an industrial matter which could only be heard by the National Industrial Court (NIC).

    In a writ of summons filed by their counsel, Akinwale Bajepade, the claimants are claiming N80 million as general damages for alleged unlawful arrest, detention, humiliation, embarrassment, harassment, slander and detention of between one and seven days at Area ‘A’ Police Command, Lion Building, Lagos Island.

    They, therefore, prayed the court for a perpetual injunction restraining the defendants or their agents.

    They asked for unpaid salary arrears, three month’s salaries in lieu of notice, refund of contributions made to the National Housing Fund and Pension Fund and certificate of 5,000 units of shares issued to staff by the company.

    The first claimant prayed the court to release properties, including a Toyota Avensis salon car marked AX 799 FKJ, HP 17 inch DV7 Laptop Computer, N550,000, and $100.

    In their statement of claims, they denied being fraudulent.

    Rather they accused the first defendant of ‘’short charging and evading Federal and state governments’ taxes, duties and levies”.

    The claimants gave details of transactions by the first defendant, alleging that they were allegedly done with the “connivance of the board of directors”.

    They listed government agencies for which the company had been involved in financial transactions and which charges, duties and levies were allegedly not fully paid to include Nigerian Customs Service, National Maritime Administration and Safety Agency, the Nigerian Civil Aviation Authority, Federal Airports Authority of Nigeria, Nigerian Ports Authority, Nigerian Liquified Natural Gas Limited among others.

    But the defendants countered through their counsel, Akinwale Irikosu. They denied knowledge of what transpired between the police and the claimants while they were at the Lion Building, pointing out that they only reported their suspicion of fraud in the Account Department as responsible citizens.

    “After the complaint to the police, the matter was outside the defendants’ sphere of authority or control and could not direct how the investigation or interrogation was to be carried out,” they stated.

    Quoting figures which showed the DHL document as having higher amount over that of the Customs Service documents, the defendants averred that since all the claimants worked in the accounts department of the first defendant and they have been conniving to defraud the company consistently whenever there is any duty shipment notification.

    Contrary to the claims of the claimants, the defendants stated that they are law abiding, tax obedient citizens and that they have never evaded any custom duty payment.

    They stated that the allegation of tax evasion by the claimants “was baseless and a calculated attempt to blackmail, intimidate and harrass the first defendant company to consider their malicious, frivolous, vexatious and gold digging claims”.

    The company claimed to have issued share certificates to all staff and that pension contributions have been remitted to Pennsion Trustee, IBTC Pension Managers Limited, in accordance with the Pension Act.

    In their counter-claim, the defendants are asking for N10million as general damages for the loss suffered as a result of alleged fraudulent action of the claimants.

    In addition, they asked for N500,000 as special damages and Solicitor’s fee for the institution of the suit.

     

  • Ogunbote thrilled with contract extension

    Ogunbote thrilled with contract extension

    • Says Sharks will be stronger next season

    Sharks of Port Harcourt’s head coach Gbenga Ogunbote has expressed relief at another opportunity to tinker the Blue Angels for another season in the Globacom Premier League.

    Ogunbote last worked with Sunshine Stars before joining Sharks some weeks after the start of last season’s league. He teamed up with the Port Harcourt side with the club at the foot of the table but ensured they climbed the league table. The Blue Angels ended the season in 8th position with 53 points from 38 matches.

    The former Gateway United helmsman informed SportingLife from Sharks’ Ijebu Ode pre-season camp that he is looking forward to a more fruitful time with Sharks next season.

    He said some players whose services were no longer needed had been advised to seek playing time elsewhere while capable replacements are being sought around the country.

    “We are going to stay for about two more weeks in Ijebu and things have been going well for us here. We are going to have pre-season games against some local sides before we will look at other clubs in the top flight at the tail end of our camping.

    “I will be in Port Harcourt for another season having duly negotiated and agreed an extension to my contract.

    “I’m happy to be here and by God’s grace I hope to lead the club to more successes next season,” Ogunbote told SportingLife.

  • Kogi High Court adjourns Melaiye/Ibro case

    The Kogi State High Court Sitting in Lokoja, Thursday adjourned the case between former Kogi State governor, Alhaji Ibrahim Idris and former member House Representative and chieftain of the All Progressive Congress (APC), Mr. Dino Melaiye, following the non appearance of the former governor’ counsel.

    The adjournment according the Presiding Judge, Justice H A Olusuyi, came at the instance of letter brought before it by counsel to the defendant, Mr. Pius Akubo (SAN) informing the court of his trip to Jerusalem to perform the Christian’s pilgrimage.

    In the letter, Mr. Akubo Requested for and an adjournment till 29 of November to continue the case.

    Counsel to the claimant, Mr. Mike Ozekhome informed the court that he was only issued the letter at the sitting of the court yesterday.

    He wondered why the letter was not sent to him before the court sitting or why defendant counsel didn’t call him on phone to inform him on the new development.

    He however asked for the change of date as requested by Mr. Akubo.

    The judge therefore adjourned the case to 3rd of December for further witnesses by the claimant particularly the cross examination of the claimant, Mr. Dino Melaiye.

  • Court adjourns Daniel’s trial to 2014

    Court adjourns Daniel’s trial to 2014

    An Abeokuta High Court on Thursday adjourned till Feb. 6, 2014, continuation of proceedings in a criminal case brought against former governor of Ogun, Chief Gbenga Daniel.
    The former governor was arraigned before the court by the Economic and Financial Crimes Commission (EFCC) for alleged fraudulent conversion of land and diversion of public funds.
    The trial judge, Justice Olarenwaju Mabekoje, said that the adjournment was to enable the Court of Appeal to deliver judgment in an appeal on its ruling delivered on Jan. 8.
    The News Agency of Nigeria (NAN) reports that Daniel filed the appeal at the Court of Appeal, Ibadan, challenging the dismissal of his plea to quash counts 1-13 of the 38 charges leveled against him by the EFCC in the subsisting suit.
    At the resumed hearing, counsel to Daniel, Mrs Titilola Akinlawon, informed the court that her client’s appeal had been argued at the Appeal Court and that judgment had been reserved.
    She pleaded for an adjournment to a date exceeding Jan.  28, 2014, “when the judgment would have been given in respect of the appeal.’’
    The case was consequently adjourned till Feb. 6, 2014 for continuation of trial.

  • Strike: Civil society groups sue ASUU

    Some civil society groups have sued the Academic Staff Union of Universities (ASUU) at the National Industrial Court over alleged illegal and arbitrary strike.
    In the first suit, Mr. Elaigwu Apeh, President, Northern Nigeria Democratic Forum (NNDF), joined the president of ASUU, Mr Nasir Fagge and nine others as defendants.
    The NNDF is praying the court to determine whether or not ASUU can declare a strike over purported breach of the memorandum of agreement by the Federal Government.
    The group is also asking the court to declare the strike by the university lecturers illegal and a breach of the constitutional right of the students to education.
    Similarly, another civil society group, Golden Women of Integrity and Vision Association, sued the union in a suit with number NICN/ABJ/242/2013 seeking similar reliefs.
    The Poverty Alleviation Advocacy and Justice Initiative (PAAJI), in the third suit, also wants the court to award exemplary and special damages against the ASUU.
    The News Agency of Nigeria (NAN) recalls that when the three cases came up for mention in September, the defendants had not filed their statements of defence.
    The counsel to ASUU, Mr. Samuel Ogala, told the court that he had filed a notice of preliminary objections, challenging all the suits.
    The presiding judge, Justice Babatunde Adejumo, adjourned the cases to Dec. 17 and Jan. 3, 2014 for the hearing of the preliminary objections.
    Adejumo also ordered that hearing notices should be served on all the parties in the suit before the next adjourned date.

  • Two arraigned for beating policeman

    Two men, Sulaiman Tella, 23, and Jelili Shoyoye, 20, were on Thursday arraigned at an Abeokuta Magistrate’s Court for beating a policeman.

    Police prosecutor, Insp. Sunday Eigbejiale, told the court that the act was carried out on Nov. 1 at about 2 p.m. at Saraki area of Abeokuta.

    Eigbejiale said that the accused brutally assaulted Insp. Alabi Oke, stationed in Lagos but was in Abeokuta to visit his family.

    According to him, the accused, who were on a motorcycle, rode at a high speed and Oke tried to caution them but they alighted from the motorcycle and started beating him.

    He said that the policeman was seriously injured, with one of his fingers bitten off, and was hospitalised.

    The prosecutor said that the offences of conspiracy and assault contravened the Criminal Code of Ogun, 2006.

    The accused persons pleaded not guilty to the charges and the Magistrate, Mr Martins Akinyemi, granted them bail for N80,000 with two sureties, each in like sum.

    Akinyemi adjourned the case to Jan. 30, 2014, for hearing. (NAN)

  • Court remands man for murder, attempted robbery

    An Ikeja, Lagos magistrate has ordered Suleman Kabiru, 32, who allegedly attempted to rob United Bank for Africa (UBA), Isolo, Lagos branch to be remanded in prison custody.

    The Magistrate, Mrs Abimbola Komolafe, gave the order pending an advice from the Office of the State Director of Public Prosecutions.

    Kabiru is facing a three-count charge of conspiracy, murder and armed robbery.

    The prosecutor, Assistant Supretendent of Police(ASP) Eranus Nnamonu said the defendant armed with Ak-47 rifle and other dangerous weapons in an attempt to rob the bank shot and killed one Mr Eze Okoro.

    He said the defendant and others, who are on the run, committed the offence about 9 p.m., on March 8, this year.

    The prosecutor said the offence contravenes Sections 228, Criminal Law of Lagos State, 2011 and Sections 1(2) (a), of the Robbery and Firearms (Special Provision) Act, Cap 398, Vol. XXII, Laws of Federation of Nigeria, 1990 (amended).

    When the suspect was arraigned, the court did not take his plea.

    The magistrate adjourned the case till November 5, this year for mention.