The Court of Appeal, Benin, yesterday, referred a case brought before it by members of the dissolved Edo State House of Assembly Service Commission to the Chief Judge for retrial.
Delivering judgment in the case brought by Abraham Esesene and others against the Speaker, Justice G. O. Shoremi scolded counsel to the Assembly for failing to address issues raised in the originating summons as originally pleaded by the appellants at the lower court.
The election of the Imo State Community Government Council (CGC) also known as the fourth tier of government was yesterday stopped by an Owerri High Court, which granted an injunction restraining the state government from conducting the election.
The election slated to hold yesterday in all the 637 autonomous communities in the state, has come under severe criticisms by opposition parties, which described the CGC as illegal and unconstitutional.
Imo State Commissioner for Information, Chinedu Offor, said that the election was put on hold by the government to respect the court injunction secured by an interested party, which restrained the conduct of the elections, adding that, “as a law abiding government, we have to stop the election until the injunction is vacated”.
However, The Nation investigations revealed that the Community Government Council may have run into troubled waters, as most of the communities have been embroiled in crisis over the manner the election would be conducted and the consequences of the results on the communities.
Sources disclosed that existing town unions are strongly opposed to the election, which they alleged will undermine their positions as community leaders if another set of administrators emerge after the election
THE lawmaker representing Okigwe South of Imo State in the House of Representatives, Prof. Chudi Uwazuruike, has not been sacked by the Supreme Court, it was learnt yesterday.
The lawmaker said the apex court in its December 7 judgment only made a pronouncement on the jurisdiction of the Federal High Court, Owerri, over a case involving him and a former member, Austin Nwachukwu.
The seven-member panel, chaired by Justice Walter Onnoghen, in its ruling last week, upheld the decision of the lower courts that it has the jurisdiction to hear the matter.
A statement yesterday by his Senior Legislative aide, Chimamkpam Anyamkpa, said Nwachukwu stepped down publicly during the Peoples Democratic Party (PDP) primaries for the 2011 general elections.
It reads: “Nwachukwu urged his supporters to support Prof. Uwazuruike who went on to clinch the ticket.
“It was a shocker then when the same Nwachukwu later went to Court claiming that he won the election and subsequently sued PDP and INEC in Abuja and asked for injunction Ex parte and on notice.
“He later filed fresh suits in the Federal High Court Owerri, after withdrawing an earlier suit seeking to restrain PDP and INEC in March 2011, from presenting anybody else as a candidate except himself and INEC from receiving other names.
“This was long after submissions had closed.
“It was at this point that Uwazuruike and PDP challenged the jurisdiction of the Federal High Court to hear the matter at the state level.
“It is this objection that has been determined at the Supreme Court with a ruling that both parties go back to the Federal High Court, Owerri, for the trial of the Suit.
“The judgment is with the Supreme Court for everyone to see and with the FOI Bill passed, anyone can assess the information he needs.”
President Goodluck Jonathan has asked a Federal High Court, Abuja, to strike out a suit by 11 plaintiffs seeking the reinstatement of the suspended President of the Court of Appeal (PCA), Justice Isa Ayo Salami, to his duty post.
The plaintiffs who are the Registered Trustees of Centre for the Promotion of Arbitration are seeking an order of mandamus to compel Jonathan, the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN) and the National Judicial Council (NJC) to reinstate Justice Salami.
Justice Bello had in the suit ordered the service of the court process on Jonathan through Adoke.
The court also granted an order for the plaintiffs to sue in representative capacity.
In a motion notice filed by their counsel, Mr. Matthew Echo of Dr. Fabian Ajogwu‘s Chambers; Jonathan and Adoke listed four grounds for the court to strike out the suit.
According to the duo, the human rights activists who filed the suit for themselves and the Registered Trustees of the Center for the Promotion of Arbitration do not have the locus standi to institute the action and to seek the reliefs sought as they do not have sufficient interest in the matter to which the application relates.
They also contended that the plaintiffs have not shown any authority granted them by the Trustees of the Center for the Promotion of Arbitration to maintain the action on their behalf in a representative capacity.
Besides, Jonathan and Adoke stated that the reliefs sought by the plaintiffs are indeterminable as they are merely academic and as such should be expunged.
They added that there is no cause of action against them as they have always acted in accordance with the constitution in relation with the subject matter in the suit.
When the matter came up on Tuesday, Justice Bello granted the application to strike out Justice Dalhatu Adamu as Fifth Defendant from the suit having been replaced as the Acting PCA.
The court thereafter adjourned till January 17, for adoption of written addresses.
• Navy: Why he is in detention
A Federal High Court, Lagos, presided over by Justice Okechukwu Okeke, will on December 17 hear a suit by a Lt. Commander of the Nigerian Navy, Stephen Ochepo Edeh, against naval authorities over his detention.
He joined the Chief of Defence Staff, the Chief of Naval Staff and the Nigerian Navy as respondents in the Motion on Notice.
Edeh sought a declaration that his arrest and continued detention at the Base Officer’s quarters, BOQ NNS Quarra, Apapa, Lagos, by the respondents is a breach of his fundamental rights to freedom of movement, liberty and dignity of human person.
He prayed for an order compelling the respondents to release him from detention forthwith, and sought N20million being exemplary and aggravated damages.
The applicants urged the court to make an order of injunction restraining the respondents, either by themselves or through their agents, from further arresting or detaining the applicant or in any way infringing on his rights.
Edeh’s lawyer, Anthony Omaghomi said his client had gone through a Navy court martial and was dismissed, yet is still being detained in inhuman conditions.
The applicant’s problems began a year and some months ago when he returned from a study trip abroad. He was arrested on the alleged ground that he exceeded the time he was supposed to spend abroad. He had travelled to the United Kingdom for his Masters Degree programme.
Edeh’s lawyer said his client was transferred to the torture centre of the Nigerian Navy in Lagos, where he was severely beaten and chained to the ground even in the custody.
Omaghomi said it was unfortunate that his client was treated in such a dehumanising way for no just cause, insisting that Edeh had applied for study leave abroad, was granted permission and stayed in touch with the Navy through a defence attaché.
He explained that because his client had issues with the timing of the programme, he missed out on some of the semesters, which prolonged his stay there.
When he eventually returned to Nigeria on July 31, 2011, he reported at the Naval headquarters in Abuja the following day (August 1, 2011) to explain himself. He has been held ever since.
On November 11, last year, Justice Charles Archibong of the Federal High Court ordered the Chief of Defence Staff and the Chief of Naval Staff to release Edeh from custody. The judge had also awarded N3 million damages in favour of Edeh against the Nigerian Navy for the unlawful detention.
Omaghomi stated that the Navy, instead of complying with the judgment set up a court marshal to try him on four count charge. The Navy eventually dismissed Edeh. Despite not handing out custodial sentence, they have refused to let him go.
“They are very, very lawless people, extremely lawless,” the lawyer said, adding that they had evicted his client from his official quarters since December 10, 2005, and had stopped his salary while he was abroad, even as his international passport was seized.
The Navy, in a press release, said Edeh’s was a case of desertion and absence without leave.
The statement, signed by Flag Officer Commanding, Naval Training Command, Rear Admiral Azubuike Ajuonu reads: “The fact of the case is that, Lt Commander Stephen Edeh was released by the Nigerian Navy on August 23, 2004 to undergo a Master of Arts degree in intelligence and International security school in London. The period of his leave was for one year; however, the officer betrayed the trust and opportunity given to him and failed to report back to the country.
“He again unlawfully took another Master degree course in Business Administration in another school. Efforts to get him back to Nigeria failed. However, Lt Commander Stephen Ochepo Edeh sneaked into the country on July 31,2011 and to leave again, he was arrested at the airport.
“He was court marshalled under the Armed Forces Act Cap A20 Law of Federation of Nigeria 2004. Lt Cdr Stephen Ochepo Edeh was given the opportunity to defend himself by a civilian lawyer during the trial. The case was concluded on August 4, 2012 and the judgment forwarded to the Naval Headquarters for confirmation. Omaghomi is aware of this.
“While awaiting confirmation, Lt Commander, Stephen Ochepo Edeh who was on open arrest, however on November 22, 2012, he became riotous at the Naval Base, Apapa threatening to kill anyone on sight. In order to save him and others he was taken for a medical checkup same day. The report indicated that he was of sound mind. After this incident, he was put on closed custody.
“Let me state here that the Nigerian Navy is a disciplined Service and have zero tolerance for indiscipline. The Service will not condone any act of unruly behavior and indiscipline by any of its personnel.
“The Service will also not allow to be stamped into any action as the due process of law will take its course in any case. The Nigeria Navy would like to warm lawyers to stop feeding the public with falsehood as the Service will not tolerate impunity by any lawyer seeking cheap publicity.”
Manufacturers of “My Pikin’’ teething mixture, Barewa Pharmaceutical Company, has asked a Federal High Court, Lagos, to strike out its name from the ongoing case over alleged manufacture and distribution of adulterated drug.
The company’s counsel, Mr. Osaro Eghobamien, made the application at the resumed hearing of the case on Monday.
Barewa Pharmaceutical Company, the fourth defendant; its CEO, Gbadegeshin Okunlola; and two of its staff – Adeyemo Abiodun and Egbele Eromosele, have been facing trial since March 8, 2009.
The News Agency of Nigeria reports that the National Agency for Food and Drug Administration and Control is prosecuting the accused persons.
Okunlola, a pharmacist, however, died on October 27 at the age of 58 compelling the court to strike out his name from the charge.
Eghobamien prayed the trial judge, Justice Okechukwu Okeke, to strike-out the name of the company following the death of the first accused Okunlola.
He also asked the court to strike out the name sought to replace that of the deceased CEO, arguing that the offence for which Okunlola was charged was based largely on personal intent.
According to him, nobody should be made to stand trial in place of the late CEO.
The counsel noted that though the company was a legal entity, the director who was primarily responsible for the offence was now dead.
Eghobamien submitted that the death of Okunlola should ordinarily have brought the case to an end.
Rejecting the argument, Justice Okeke said that such argument could not be made at this stage of the proceeding, when no person had been produced to replace the deceased.
The embattled factional leader of the Aguiyi Ironsi International Market, popularly called “Ladipo Market”, Mr. Jonathan, was on Monday returned to Ikoyi Prison following the unavailability of legal advice from the Director of Public Prosecution.
Okoli, 50, was arraigned on November 5 before an Ebute Meta Magistrate’s Court, Lagos, on a seven- count charge of riots, attempted murder, illegal possession of fire arms, assault and demanding of property with menace, among others.
The prosecutor, Mr. Chukwu Agu, who is the officer in charge of the Legal Department, State Criminal Investigation Department (SCID), Panti, Yaba, had told the court that the defendant with others at large, on March 5 at about 11am at Ladipo, caused terror to traders within the market and the neighbourhood.
He said Okoli attempted to kill one Ejike Maduchukwu by inflicting several machete cuts on him.
Agu said the alleged offence contravened Sections 409, 45(2), 228(2), 229, 410, 51 and 166(d) of the Criminal Law as of Lagos, 2011.
Okoli’s pleas were not taken at his arraignment because the court lacked jurisdiction to hear the case and he was remanded in custody.
A Benin Chief Magistrates’ Court on Thursday discharged and acquitted human Rights activist, David Ugolor, charged with the murder of Olaitan Oyerinde, Principal Secretary to Governor Adams Oshiomhole of Edo State.
Also discharged and acquitted for the same offence is Willfred Iserhienrhien, who was charged along with Ugolor.
The News Agency of Nigeria reports that Ugolor and nine others were brought before the court for alleged conspiracy, armed robbery and the murder of Oyerinde at his Ugbor residence on May 4.
The court had consequently ordered their remand in custody, while waiting for the Director of Public Prosecutions’ advice.
At the resumed hearing of the case on Thursday, Mr. Afolabi Olayinwola,counsel to Ugolor and Iserhienrhien, told the court that he was in possession of the DPP’s advice dated October 29.
He said the advice stated that no prima facie case had been made against the accused persons, adding, “and by virtue of that letter, my clients have no case to answer.”
Chief Magistrate Francis Idiake, who also acknowledged receipt of the DPP’s advice, said that he had taken into consideration the advice in the DPP’s report.
Idiake said, “There is no prima facie case against the accused persons, it is hereby ordered that the accused persons be released from prison custody unconditionally.”
The suspects arrested in connection to the murder of Private Secretary to Governor Adams Oshiomhole, Comrade Olaitan Oyerinde, will on Thursday appear in court for commencement of trial.
They were remanded in prison custody after the charges were read to them in September.
The suspects are Garba Usman Maisamari, Muritala Usman, Moses Asamah Okoro, Auta Umaru Ali, Umaru Adamu, Wilfred Iserhienhi, Hassan Aliyu Babete and Idris Abdulhamid.
Oyerinde was murdered at his Benin City residence on May 4.
Chief Magistrate Francis Idiake had said the court lacked jurisdiction to entertain the matter and ordered that the case file be sent to the Director of Public Prosecution for advice.
Thursday’s trial of the suspects will provide an avenue for the court to respond to the report of the Director of Public Prosecution (DPP) which exonerated the Executive Director, Africa Network for Environment and Economic Justice (ANEEJ), Reverend David Ugolor, from Oyerinde’s murder.
A Federal High Court, Lagos, on Thursday fixed February 11 next year for the commencement of trial of a former Minister of Aviation, Femi Fani-Kayode.
The accused is facing a 47-count charge of money laundering, contrary to the money laundering (prohibition) Act, 2004.
The News Agency of Nigeria reports that the trial, which was slated to begin on Thursday before Justice Rita Ofili-Ajumogobia, could not go on due to the absence of the trial judge.
NAN learnt that the absence of the judge was due to the on-going judges’ conference which is being attended by Federal High Court judges.
Ofili-Ajumogobia is the new trial judge assigned to replace Justice Binta Murtala-Nyako, who was transferred from the Lagos division of the Federal High Court.
She becomes the third trial judge to handle the matter.
Fani-Kayode’s re-arraignment before Justice Murtala-Nyako followed the transfer of Justice Ramat Mohammed, who was the first trial judge to handle the matter.
He had pleaded not guilty to the charges and had been admitted to bail.
NAN recalls that at the last hearing of the matter before Murtala-Nyako on April 24, Mr. Chris Uche (SAN), counsel to the accused, had prayed the court to stay further proceedings in the matter.
He urged the court to stay proceedings pending the determination of an appeal filed at the Supreme Court.