The Nation Newspaper

Tag: Court

  • Ibori’s alleged $15m bribe: Court to hear Delta’s suit July 10

    A Federal High Court in Abuja will on July 10 hear the application by Delta State Government, seeking to claim the $15million bribe allegedly offered former Chairman of the Economic and Financial Crimes Commission (EFCC), Nuhu Ribadu, by jailed ex-Governor James Ibori.

    The bribe was allegedly meant by Ibori to stop the EFCC from further investigating him for his alleged massive looting of his state while in office.

    Justice Gabriel Kolawole fixed the date yesterday, following a recent ruling by the Court of Appeal, Abuja, striking out an application by a Lagos refrigerator repairer, Olalekan Bayode, seeking to halt further hearing in a suit pending the hearing of his appeal.

    When the case was called yesterday, parties were set to argue the state’s application, but the court said it was inconvenient in view of its tight schedule and directed them to choose a fresh date.

    The Federal Government had applied for an order of forfeiture and to direct the Central Bank of Nigeria (CBN), where Ribadu had lodged the bribe money to release it to the government should no one show up to claim the money.

    The Delta State Government later claimed ownership of the money. It is part of its contention that Ibori, being its governor when the bribe money was offered, must have taken the money from its coffers.

    Before the state’s application could be heard, Bayode applied that he be appointed as a manager to disburse the $15 million to indigents, especially widows and orphans, through a charity organisation.

    He applied to be joined in the case and prayed that the money be released to him.

    Justice Kolawole dismissed Bayode’s application for being frivolous and lacking in merit.

    The judge held, among others that Bayode failed to show sufficient grounds and interest upon which the money in dispute should be released to him.

    Justice Kolawole held that Bayode only claimed to be a Nigerian and refrigerator repairer based at Alagbado in Lagos.

    The judge further held that the Federal Government, which instituted the case, did not ask for a manager for the fund, but applied that those with interest in the money should indicate before an order of forfeiture is made in its favour.

    Justice Kolawole described Bayode as a busy body, meddlesome interloper and one, who was out to mock the judiciary and the issue at stake.

  • Court orders registrar, firm’s boss to return N460m

    Court orders registrar, firm’s boss to return N460m

    The Court of Appeal in Abuja has ordered the

    Chief Registrar of the Federal Capital Territory (FCT) High Court, Mrs. Oluwatoyin Musa Yahaya and one other to pay into an interest yielding account, N460million disputed judgment sum.

    Also affected by the order is the Managing Director/Chief Executive Officer of BPS Engineering and Construction Company Ltd, Prince Chudi Charles Chukwuani.

    The order was contained in a ruling delivered on June 4 by Justice Abubakar Datti Yahaya in Appeal No.CA/A/225/2012 filed by the Federal Roads Maintenance Agency (FERMA).

    The judge ordered that the money should be paid within 30 days into an account under the direct control of the appellate court’s Chief Registrar pending the determination of the substantive appeal by FERMA.

    BPS had sued FERMA before the FCT High Court over a dispute that arose over payment in respect of a contract it executed. The court in its judgment given in 2011 in the suit number FCT/HC/CV/312/07 held in favour of the plaintiff.

    In the judgment, the court awarded BPS N27, 165, 100. 00 with 25 per cent interest on the sum claimed from 2006 until finally liquidated; N50million in general damages as well as N100, 000 cost of litigation.

    Dissatisfied, FERMA appealed against the judgment delivered on December 20, 2011. The trial court ordered that the judgment sum be paid into an account controlled by Mrs. Yahaya pending the determination of the appeal.

    FERMA said despite the order, Mrs. Yahaya released the judgment sum to Chukwuani, an action the Court of Appeal condemned.

    Justice Yahaya described the action of the FCT High Court’s Chief Registrar as an affront on the judicial system and the rule of law.

    Justice Yahaya relied on the Supreme Court decision in the case of Governor of Lagos Vs. Ojukwu (1986) 1 NWLR at 641.

    He quoted Justice Oputa (rtd) as saying that “the court system cannot be maintained without the willingness of the parties to abide by the findings and orders of a competent court until reversed on appeal. This presupposes that no party and no court of subordinate or even co-ordinate jurisdiction can say ‘I do not have the order made and I cannot obey it’…and that posture has to be condemned in the strongest of terms if we are not to say good bye to the rule of law.”

    FERMA’s Head, Communications and Public Relations, Mrs. Maryam Sanusi, said the Central Bank of Nigeria, a party in the appeal, expressed its satisfaction with the ruling of the court.

    She said her agency had opposed the claims of BPS, as framed in its case before the FCT High Court “on the grounds that the payment claimed by BPS then was based on interim statement and not engineer’s certificate, which carries the actual amount payable on contracts as is the acceptable practice in the road construction industry.

  • Court grants Kogi lawmaker bail

    Detained member of the Kogi State House of Assembly, Friday Sani (aka Makama), and one other detainee got a reprieve yesterday as an Abuja Magistrate’s Court in Wuse Zone II granted them bail.

    Sani and his alleged accomplice, Job David, were charged with alleged unlawful possession of fire arms, ammunition and police walkie-talkie.

    They were arraigned last Friday before Magistrate Usman Shuaibu, who ordered them remanded in prison.

    Although the defence lawyer, J. O. Adele said the suspects were arrested and had been detained since May 31, the prosecution said they were arrested on June 4.

    Ruling yesterday, Magistrate Shuaibu granted Sani bail at N5 million and one surety in like sum. The magistrate said the surety must be an Abuja civil servant of Level 15, whose position must be verified by the police.

    The magistrate ordered that the bail could only take effect from June 14.

    Sani is to report to the police daily from June 18 till 21.

    David was admitted to bail at N1 million with one surety in like sum. Sani chairs the Assembly’s Committee on Public Account.

     

  • Court adjourns Fayose’s case till June 24

    A  Federal High Court, sitting in Ekiti State, yesterday ruled that a law firm, Rotimi Jacobs (SAN) and Co., has the power to continue the prosecution of former Governor Ayodele Fayose for alleged mismanagement of N1.2 billion.

    Justice Adamu Hobon ruled that the Economic and Financial Crimes Commission (EFCC) had the power to hire any lawyer to prosecute its case.

    He said Fayose’s counsel failed to prove why any lawyer could not prosecute the case.

    On March 21, Fayose’s lawyers, led by Ahmed Raji, objected to Jacobs prosecuting the case, arguing that the power to prosecute Fayose rested with the Attorney-General of the Federation (AGF), who delegated it to the EFCC.

    Raji said EFCC could not delegate the power to another authority.

    Yesterday, Jacobs presented a letter from the EFCC and his 10-paragraph counter-affidavit to the preliminary objection of Fayose’s counsel as proof that the prosecutorial powers had been transferred to his firm.

    He opposed an adjournment sought by Fayose’s counsel, saying it was aimed at delaying the trial.

    Justice Adamu dismissed Fayose’s preliminary objection for lack of merit and adjourned till June 24.

     

  • Court remands pastor, doctor for alleged murder

    A Makurdi Chief Magistrate’s Court on Monday remanded a pastor, Matthew Ekele, and a doctor, Paul Okpeh, for alleged murder.

    The two accused persons, resident of Ai-Odu village in Ogbadibo Local Government of Benue, allegedly killed one Matthew Abah.

    Prosecutor Gabriel Ebonyi told the court that the case was transferred from the Divisional Police Headquarters, Ogbadibo to state CID via a letter.

    According to the letter, one Joseph Onyeke, reported at Otukpa Police Station that the pastor conspired with one Indian Igwe, and beat up the deceased.

    The complainant reported that after the fight, Ekele took the deceased to St. Peters Clinic owned and managed by the second accused person (Okpeh) who was not a certified medical doctor.

    He further said that the pastor asked Okpe to perform a surgical operation on the deceased and as a result, he died after the operation.

    The prosecutor said the accused persons were arrested during police investigation while Igwe was still at large.

    He said the offence contravened Section 97 and 222 of the Penal Code.

    No plea was taken.

    The Chief Magistrate, Mr Dan Ogoh, adjourned the matter to June 26, for mention

  • Anambra Police to charge MASSOB members to court over sit at home

    Anambra Police to charge MASSOB members to court over sit at home

    Four Members of the Movement for the Actualization of Sovereign State of Biafra (MASSOB) will soon be charged to court by the Anambra State Police Command. They were arrested at Onitsha on Saturday by the Police during the sit-at-home order by the group that claimed three lives, while five vehicles were burnt. MASSOB had declared sit-at-home in the South East, following the killing of APO six in Abuja some years back and the jail sentence passed on Emeka Ezeugo (aka Rev King). According to the Police Public Relations Officer in the State, Emeka Chukwuemeka, the arrested members of the group would be taken to court soon. He said the MASSOB members would be taken to court before Thursday this week. However, MASSOB director of information, Uchenna Madu, told the Nation newspaper that the group had assembled its team of lawyers for the court case. “We are not afraid of court, our legal team has been contacted and they have taken over the matter and soon, our members will be charged to court”. He said that MASSOB had been meeting on the issue adding that the group would not seat back and allow its members being oppressed and intimidated by anybody or group. Last weekend’s sit at home, paralyzed activities in Anambra State with shops, markets and all business centre’s closed for fear of being attacked by MASSOB. But the security operatives were all over the major towns and communities in the state to thwart any danger from the group. The police team in Onitsha was led by the Police Area commander, Benjamin Wordu, an Assistant Commissioner of Police and the Divisional Police Officer (DPO), central Police Onitsha, Tope Fasugba. Also, the state was flooded with heavy presence of the Army men, the State Security Service (SSS) and Nigeria Civil Defence Security Corps (NCDSC) among others.

  • Court remands policeman in prison custody

    An Abakaliki Magistrate’s Court at the weekend remanded a police officer, Bassey Otu, in prison custody for allegedly killing Timothy Nwanga with a rifle.

    The late Ndubuisi was allegedly shot during a crisis between tricycle operators and policemen in Abakaliki, the state capital.

    Otu was arraigned on a charge of killing Nwanga (22) on May 11 on 61, Gunning Road, Abakaliki, by shooting him with a rifle.

    The offence is punishable under Section 319(1) of the Criminal Code cap 33 Vol.1 laws of Ebonyi State.

    The prosecutor said: “That you, Bassy Otu, on May 11 at 61, Gunning Road, Abakaliki, did unlawfully kill Timothy Nwanga by shooting him with a rifle and committing an offence punishable under Section 319(1) of the Criminal Code cap 33 Vol.1 laws of Ebonyi State”.

    Magistrate Ifeanyi Solange said the court lacked jurisdiction to entertain the matter and remanded Otu in Abakaliki prison.

    Sources said the suspect has been dismissed from service.

  • Court to sit over Amaechi’s suit

    Court to sit over Amaechi’s suit

    Justice Emmanuel Ogbuji of a Port Harcourt High Court yesterday assumed jurisdiction in the application by Rivers State Governor Chibuike Amaechi against his suspension by the People’s Democratic Party (PDP).

    The National Working Committee (NWC) of the PDP suspended Amaechi last month for alleged anti-party activities.

    Amaechi approached the court to challenge his suspension. He is seeking to vacate the action.

    Counsel to the PDP, Donald DENwigwe (SAN), filed a counter motion challenging the jurisdiction of the state court in dealing with the matter. He insisted that the aspect of jurisdiction in the matter should be decided before any other issue.

    Justice Ogbuchi in his ruling said he would first assume jurisdiction to determine whether or not he has full jurisdiction on the matter.

    An appellant counsel, Emenike Ebete, said the Judge acted in accordance with the law.

    “If a judge is faced with a case in which his jurisdiction is being challenged, the law says that the Judge should first assume jurisdiction to determine whether or not he has jurisdiction, if it is discovered at the end that he has no jurisdiction, he should back out of the matter.”

    The judge ordered both parties to respect the fact that the matter is pending before the court and desist from taking any action that could affect the determination of the suit.

    He adjourned the matter till July 8, for hearing the motion on jurisdiction.

    DENwigwe said: “Amaechi is saying that the Party suspended him and that the party should be restrained.

    “At this stage we cannot decide whether or not the party will be restrained. We are saying that the court has no jurisdiction to deal with the matter on the grounds we stated out in our motion papers and I told the court that until that is decided, we cannot deal with any other matter, so the matter is adjourned to deal with those matters.

    Adebayo Adelodun (SAN), Amaechi’s lead counsel said “by the ruling, the suspension that had been handed over to our client should not be given any effect until the court decides the legality or otherwise of such suspension in the first instance.

    “That means no further steps should be taken and he should not be denied any of his rights as a member of PDP in consequence of that purported suspension.”

    Amaechi yesterday restated that he has no intention of leaving the PDP.

    Chief Press Secretary to the Governor Mr. David Iyofor, in a statement, dismissed as outright lies and a figment of the devious imagination the claims that Amaechi had approached the ACN leadership to join the party.

    “Governor Amaechi has no intentions of leaving the PDP. And everyone knows that he’s already fighting his purported suspension in court. He believes, it’s a PDP issue and in due course the matter will be resolved. He has never met with anyone to discuss his leaving the PDP to join ACN or APC or any other political party”, Iyofor stated.

  • Two immigration officers to appear in court

    Two immigration officers in Abia State will today appear in court for alleged kidnap attempt, robbery and assault on a civil servant, Eke Kalu.

    Kalu said he had just finished a meeting at a hotel and was about to drive out when he noticed that the hotel gate had been locked.

    He said upon inquiry from guards, he was told that two men ordered them to close the gate.

    “Immediately, two men appeared and tried to forcefully open my car door.

    I came down from the car and the men started beating me.

    “They smashed my side mirror and dented the car roof. I lost N150,000 and other personal effects. I was saved by good Samaritans. The owner of the hotel called the police.

    “When the police came the men were insulting them and refused to enter the patrol van. It took the help of other people in the hotel to force them into the patrol van.

    “I couldn’t follow them to the station as I had to go the hospital. The following day, I went to the station and was told the men were immigration officers.”

     

  • Court declines to hear motorcyclists’ suit on Lagos traffic law

    COMMERCIAL motor cyclists popularly known as Okada riders have lost a fresh battle to challenge the validity and constitutionality of the Lagos State Road Traffic Law.

    A Federal High Court sitting in Lagos has declined to entertain a suit filed by some of them challenging the constitutionality of the Lagos State Road Traffic Law.

    Justice M. B. Idris in his judgment upheld the submission of the Lagos State Attorney-General, Ade Ipaye that the suit constituted an abuse of court processing, a similar suit having been filed by the Applicants’ parent association before the High Court of Lagos State.

    Justice Idris agreed with Ipaye’s argument that the first Claimant in Suit No. ID/713M/12 at the High Court of Lagos State is the Incorporated Trustees of All Nigerian Autobike Commercial Owners and Workers Association, the Federal High Court found that all the Applicants before him were also members of the same Association.

    The court, therefore, held that, although both the Federal and State High Court concurrent jurisdiction to entertain matters of human rights enforcement.

    The trial judge held that the state court in this case was better placed to handle the matter.

    The judge said he arrived at this decision on the premise that the matter in the State High Court was the first one to be filed and that the matter bordered on the constitutionality of a law passed by the State House of Assembly.

    The judge condemned the practice of litigants who file processes in different courts in respect of the same matter.

    According to him, “We must prevent a situation where we allow litigants to obtain conflicting decisions from courts of coordinate jurisdiction in respect of the same subject. This matter is therefore transferred to the High Court of Lagos for proper adjudication.”

    It will be recalled that Justice Aishat Opesanwo of the High Court of Lagos State in a judgment delivered on December 13, 2012 upheld the validity and constitutionality of the Lagos State Road Traffic Law.

    Commenting on the decision, Ade Ipaye commended the decision as another progressive step.

    “We all have a duty to ensure that the processes of our Courts are not abused through forum-shopping litigation.

    “We advise the plaintiffs to partner with the State Government in our quest to provide affordable mass-transit system for all the citizens.”