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Tag: Court

  • Court awards damages against EFCC over rights abuse

    Court awards damages against EFCC over rights abuse

    The Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to pay N3 million to a businessman, Idaresit Monday Ekpo, for breaching his fundamental rights.

    Justice Deinde Dipeolu declared the confiscation of his International Passport since 2015 as illegal and a gross violation of his rights to personal liberty, freedom of movement and right to own property.

    He ordered the anti-graft agency to release the passport without further delay.

    Justice Dipeolu ordered the EFCC to forthwith delete the businessman’s name and picture(s) from its wanted list and to pay him N3 million as damages for reputational harm done to him.

    The judge made the orders in a judgment on a fundamental rights enforcement suit FHC/L/CS/1885/2024 filed by the businessman with EFCC as the sole respondent.

    Ekpo, through his lawyer, C. Anyanwu, sought a declaration that the seizure of the applicant’s passport and continuous publication of his name and picture on the respondent’s wanted list were unlawful and unconstitutional, as they violated his right to dignity guaranteed under Section 34 of the 1999 Constitution and Article’5 of the African Charter on Human and People’s Rights.

    He prayed the court to order the deletion of his name from the wanted list, the release of his passport, and N100 million in damages.

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    Justice Dipeolu held that: “Having failed to challenge the applicant’s affidavit in support of the application, the respondent has admitted all the depositions therein as true and unchallenged.

    “The continuous seizure of the applicant’s International Passport by the respondent since 2015 is illegal, unconstitutional and a gross violation of the applicant’s fundamental rights to personal liberty, freedom of movement and right to own and retain possession of property guaranteed under Sections 35 (1), 41 (1), and 44 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Article 12 (1) of the African Charter on Human and People’s Rights.

    “The respondent is to forthwith delete the applicant’s name and picture(s) from the Respondent’s wanted list including but not limited to the list published on the Respondent’s website, social media accounts and those within the premises of the Respondent across the country.

    “The respondent is directed to forthwith release to the applicant his International Passport without any further delay.

    “The respondent is directed to pay the sum of N3million in favour of the applicant as damages done to the applicant’s reputation and the stigma occasioned as a result of the infringement of his fundamental rights.”

  • Court urged to void Rivers’ Sole Administrator’s appointment 

    Court urged to void Rivers’ Sole Administrator’s appointment 

    The Federal High Court in Abuja has been urged to void President Bola Tinubu’s appointment of Vice Admiral Ibokette Ibas (retired) as the Sole Administrator of Rivers State.

    The request forms part of the reliefs being sought in a suit, marked: FHC/ABJ/CS/572/2025 filed on Tuesday by an Abuja-based lawyer, Johnmary Jideobi through a group of lawyers led by Chimezie Enuka,

    Listed as defendants in the suit are President Tinubu, the Attorney-General of the Federation (AGF), Vice Admiral Ibas and Attorneys-General of the 36 states.

    The plaintiff, in a supporting affidavit, stated that though the President possesses the constitutional power to declare a state of emergency in deserving circumstances in any part of the country, he lacks the power to suspend elected officials like a governor, who is not his appointee.

    He added that as a lawyer and all through his years in practice, he has not seen the word ‘Sole Administrator’ in the amended 1999 Constitution of the Federal Republic of Nigeria.

    The plaintiff said: “I know that neither the first defendant (the President) nor the second defendant (the AGF) appointed the Governor and Deputy-Governor of Rivers State of Nigeria and that no Governor or Deputy Governor in Nigeria is an appointee of the first and second efendants.

    “I know that Nigeria practices Federalism hinged on separation of power.

    “I have instituted this suit in the public interest, in the defence of the Rule of Law and accentuation of the supremacy of the Constitution and to preserve the integrity of the Nigerian Constitution which is the most sacred document that holds the Nigerian State in balance and in being.

    “I am genuinely worried that, in the absence of the intervention of this Court, removal of duly elected Governors and Deputy-Governors, may become the pastime of the President thereby opening the floodgate of anarchy capable of consuming this nation.

    “It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this originating summons,” the plaintiff said.

    He wants the court to declare that the purported nomination/appointment and swearing in of Vice Admiral Ibas by President Tinubu as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void and of no legal effect whatsoever.

    Read Also: Court arraigns two Chinese, Nigerian over N3.4b, $2.5m fraud

    Jideobi also wants an order setting aside the suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the President March, 18 for being unconstitutional, null and void and of no legal effect whatsoever.

    He is equally seeking an order directing Vice Admiral Ibas to vacate, forthwith, the Government House of Rivers State of Nigeria.

    Jideobi is asking the court to set-aside all actions and decisions of Sole Administrator of Rivers State for “being unconstitutional, null and of no constitutional force throughout the Federal Republic of Nigeria for all purposes.”

    The plaintiff also wants the court to issue a perpetual order of injunction, restraining President Tinubu and his agents, “from either removing, suspending or otherwise tampering with the tenure of the Governor and Deputy-Governor of Rivers State and indeed any other state in Nigeria.

    He is also praying for among others, an order of perpetual injunction, barring President Tinubu, either by himself or anybody acting on his behalf, “from appointing any Sole Administrator into any state Government House in the 36 states of the Federation for any purpose whatsoever.”

    The case is yet to be assigned to any judge for hearing.

  • Court restrains parties over Ikoyi property, orders mediation

    Court restrains parties over Ikoyi property, orders mediation

    The Lagos State High Court in Yaba/Surulere has restrained all parties to Suit LD/15449LMW/2024 from tampering with a building known as Plot 15a and 15b Bayo Kuku Road, Ikoyi, Lagos State belonging to Manna Real Estate Company Limited.

    Justice E. O. Ashade directed the parties to explore mediation at Lagos State Multi-Door Court House (LMDC).

    The order followed a Motion On Notice filed by the Manna Real Estate, Toluola Babarinde (Nee Okeowo) and Temitope Solabi (Nee Okeowo).

    Oluwatumininu Clement Okeowo and Gibraltar Construction Limited are the first and second defendants.

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    After hearing O. A. Alao with S.B. Olarinde for the claimants and M.A. Olanrewaju for the defendants, Justice Ashade ordered:

    “Both parties to this suit including their officers, privies, agents, associates, nominees, servants or any other person howsoever described and called are restrained from entry, clearing, fencing, destroying, removing the first claimant’s building and structures on the subject matters of this suit known as Plot 15a and 15b Bayo Kuku Road, Ikoyi, Lagos State formerly Waring Road, Ikoyi, Lagos State with registered title number LO5312 dated 27/12/1963 pending the final determination of the substantive suit.

    “Both parties to this suit whether by themselves, their agents, servants and associates are also restraining from continuing with any construction or development, selling, leasing, transferring, alienating and disposing the subjecting matter of this suit or any part thereof being at Plot 15a and 15b Bayo Kuku Road, Ikoyi, Lagos State (formerly Waring Road, with the registered title number LO5312 dated 27/12/1963 pending the final determination of this substantive suit.

    “Parties are directed to explore mediation at Lagos State Multi-Door Court House (LMDC) for amicable resolution of the dispute between them. Suit is adjourned to 05/06/2025 for Report of settlement or CMC.”

  • Court refers OTL property dispute to ADR

    Court refers OTL property dispute to ADR

    • Bianca, sons absent

    Justice Adedayo Oyebanji of a Lagos High Court sitting at Tafawa Balewa Square (TBS) has referred to Multi Door Court House the suit filed by Ojukwu Transport Limited(OTL) over N12million owed it by West African Offshore Limited in rent.

    The lease expired in 2012.

    On March 10, Justice Oyebanji took all pending applications and referred to the multi-door court the issue  of West African Offshore Limited (owned by Uche Obilor).

    Also, Maple Petrochemicals,  owned by Kwara Governor Abdurahman Abdurazak, had in an application  requested the court to restrain OTL, who had executed warrant on its 14 Probyn Road, Ikoyi property in 2022.

    The warrant was executed on the property following a 2018 judgment delivered by the court.

    Afamefuna and Nwachukwu Ojukwu through their best friend, Mrs Bianca Ojukwu who had filed an application to withdraw an earlier one seeking to join as parties, were not in court, neither were their lawyers.

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    However, OTL Director, Dr P. Ike Ojukwu; the company’s counsel, Chief Ifeanyi Okumah and Chief Massey Udegbe, OTL Estate agents, were in court.

     In another case,  Bianca and sons had instituted Form 49 – contempt proceedings against the Ojukwus/OTL  and some tenants before Justice A.M. Lawal.

    The matter which came up on March 13 at Ikeja  was adjourned to June 16.

    The lawyer that appeared for Bianca and sons had requested for more time to respond to applications before the court.

    The case, LD/1539/2012, in which judgment was delivered in 2022 had Bianca suing OTL on behalf of her sons who at time were minors.

    OTL, following judgment by Justice Adedayo Oyebanji on  June 1, 2018 in suit LD/794/2011,  executed warrant on its properties in Lagos, including the five suits before Justice A.M. Lawal.

  • Ondo Court stops eviction of farmers from Oluwa Forest

    Ondo Court stops eviction of farmers from Oluwa Forest

    An High has barred the Ondo State Government from evicting farmers from the 10,000 hectares Oluwa Forest reserve.

    It said there was need to preserve economic trees such as cocoa, kola nut and palm trees that constituted the farmers’ livelihoods.

    The Ondo State government had relied on an order of injunction granted by a Customary Court to ask farmers and the Sao Capital Limited from further entering into the forest reserve.

    Senior Special Assistant to Governor Lucky Aiyedatiwa on Agric and Agribusiness, Hon Rotimi Akinsola, in a statement, said anybody that trespassed on the land or found violating the order would be made to face the full wrath of the law.

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    But Justice Aderemi Adegoroye, on Monday, granted an interlocutory injunction in restraining the Ondo State Government and SAO AGRO-ALLIED SERVICES LTD from forcefully evicting the farmers or further grading or destroying farmlands within the Oluwa Forest Reserve.

     Counsel to the farmers, Tope Temokun, said Justice Adegoroye order countered the Customary Court ruling had ordered the farmers’ eviction. 

    He said: “This development reaffirms the judiciary’s commitment to upholding the rights of the farmers amidst conflicting legal directives.”

    “This ruling effectively overrides and supersedes the earlier interim order from the Customary Court, which was surreptitiously obtained by OSAEC, an agricultural agency of the Ondo State, purportedly ordering the farmers to vacate the 10,000-hectare reserve.”

    The case was adjourned to May 26th, 2025 for further proceedings.

  • Court arraigns two Chinese, Nigerian over alleged ₦3.4bn, $2.5 million fraud

    Court arraigns two Chinese, Nigerian over alleged ₦3.4bn, $2.5 million fraud

    The Economic and Financial Crimes Commission (EFCC) has brought two Chinese, Huang Haoyu and An Hongxu, with a Nigerian, Audu Friday, before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos.

    The defendants are facing an 11-count charge brought by the EFCC involving cyber-terrorism, computer-related offenses, and money laundering amounting to ₦3,407,824,740.78 and $2,562,203.

    According to the EFCC, the accused were part of a syndicate of 792 individuals arrested in Lagos on December 19, 2024, during the agency’s “Eagle Flush Operation.”

    They were allegedly involved in cryptocurrency investment scams and romance fraud.

    Investigations revealed that Friday had incorporated Genting International Co. Ltd. under the directive of Huang Haoyu.

    Read Also: Court orders MTN to pay N840m for trademark infringement

    According to one of the charges, the defendants conspired to gain financial advantage by recruiting Nigerian youths to impersonate foreign nationals in fraudulent schemes.

    The EFCC further alleged that they retained over ₦3.4 billion in a Union Bank account, funds suspected to be proceeds of unlawful activity.

    The trio pleaded not guilty to the charges.

    Following their pleas, EFCC prosecutor Bilkisu Buhari requested a short trial date and for the defendants to be remanded in EFCC custody.

    The Defense counsel Emeka Okonkwo, SAN, also requested that they remain in EFCC custody pending their bail hearing.

    Justice Osiagor granted the request, ordering their remand in EFCC custody and adjourning the case for a bail hearing.

  • Court orders MTN to pay N840m for trademark infringement

    Court orders MTN to pay N840m for trademark infringement

    Justice Daniel Osiagor of the Federal High Court in Lagos has ordered MTN Nigeria Communications Ltd. and the Registrar of Trademark, Patent & Designs to pay N770 million in damages for infringing on Citilink Accesscorp Limited’s registered trademark “WEBPLUS.”

    The court found MTN guilty of unauthorised use of the “WEBPLUS” trademark, which was lawfully registered by Citilink under Class 9 of the Trademark Registry.

    Justice Osiagor issued a perpetual injunction prohibiting MTN and the Registrar from registering or issuing any certificates for “WEBPLUS,” “WEB+,” “MTN WEBPLUS,” or any similar variations under Classes 9, 16, and 38.

    In suit FHC/L/CS/1124/2014, Citilink Accesscorp, represented by its counsel Azubuike Obiekwe, sought “a declaration that it is the sole legal owner of the WEBPLUS trademark under Registration RTM No. 65162”.

    It prayed the court to hold that MTN’s use of “MTN WEBPLUS” or “WEB+” constitutes trademark infringement.

    The plaintiff sought a perpetual injunction preventing MTN and the Registrar from issuing or registering any similar marks.

    MTN’s legal team, led by Fidelis Adewole, argued that the defence of honest concurrent use applied in this case.

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    He contended that even if the trademarks were similar, MTN had used the mark without deceptive intent and in good faith, urging the court to dismiss the claims.

    Justice Osiagor rejected MTN’s defence and ruled in favour of Citilink, granting general damages of N840 million, calculated at N70 million per year from 2014 to 2025, for loss of business and brand dilution.

    “An additional 15 per cent annual interest will be applied until the judgment is fully paid,” the judge held.

    He also granted a perpetual injunction restraining MTN from using the ‘WEBPLUS’ trademark.

    Justice Osiagor refused a request for special damages, including legal fees, due to insufficient proof.

  • Court commences hearing on DSS’ ₦5b defamation case against SERAP

    Court commences hearing on DSS’ ₦5b defamation case against SERAP

    A High Court of the Federal Capital Territory on Friday began definite hearing in the case of defamation instituted by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP). 

    The officers instituted the case after SERAP, last September, failed to apologize to the secret police after accusing its operatives of invading its Abuja office. 

    The DSS officers, Sarah John and Gabriel Ogundele, consequently filed the defamation lawsuit in October 2024, seeking ₦5 billion in damages from SERAP. 

    In addition to the remedy sought by the officers for what they called reputational harm, was demand for an apology published on SERAP’s website, national dailies and television stations, N50 million for legal costs and 10 percent annual interest on the N5 billion until payment is completed.

    At the resumed hearing, the Court advised the defence (SERAP) to go through all the six documents tendered by the plaintiffs. He stressed that all objections would be part of the final written address. 

    The hearing kicked off with the cross examination of the first claimant, Sarah, referred to as Plaintiff Witness 1 (PW1), by the counsels to the first and second defendants. 

    SERAP was represented in court by Divine Oguru, while its deputy director was represented by Oluwatosin Adesoye, who apologized for the absence of his client. 

    Akinolu Timothy Kehinde, SAN, who represented the plaintiffs, said he was fully prepared for the hearing. 

    The defence counsels cross examined DSS operative Sarah on happenings surrounding the alleged invasion of SERAP office last year.

    Both counsels pushed the argument that the claimants’ names were not mentioned by SERAP, hence not justified in the claims before the court. 

    Sarah stated that SERAP’s allegations negatively impacted her reputation, that of her colleague, as well as all personnel of the DSS.

    After a session that lasted for about an hour, the judge adjourned to May 8, 2025, for continuation of hearing.

  • Court remands two for alleged robbery in Benin

    Court remands two for alleged robbery in Benin

     A Benin High Court on Friday remanded two persons, Sunday Divine and Chijioke Odoria, in the Edo Police Command custody over alleged robbery.

    Divine, 25, and Odoria, 27, whose addresses were not provided, are facing a two-count charge of conspiracy and robbery.

    The presiding Judge, Justice Williams Aziegbemhin, who did not take the plea of the defendants, remanded them in police custody.

    He adjourned the case until April 1, pending the completion of the investigation.

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    Earlier, the prosecutor, Mr Emmanuel Ekibade, said that the defendants conspired and committed the offences on March 11 at the back of Evidence of Gospel, Isihor, Benin.

    According to the prosecution, the defendants conspired and robbed one Kingsley Ehanire of his tricycle (Keke-Napep), the value of which is yet to be ascertained.

    He said that the offences contravened Sections 1 (1) (a) of the Robbery and Firearms Special Provisions Act Cap RII, Laws of the Federal of Nigeria, 2004.

    Ekibade urged the court to remand the defendants in police custody pending the conclusion of the investigation.

    (NAN)

  • Court sentences five men to 18 years in prison for murder in Lagos

    Court sentences five men to 18 years in prison for murder in Lagos

    Justice Oyindamola Ogala of the Ikeja High Court has sentenced five men to 18 years imprisonment for murder.

    The convicts—Imuriana Muhammed, Ogbole Muhammed, Yahaya Sefiyanu, Haruna Suleiman, and Gambo Dauda Ogah—were arraigned on a five-count amended charge, including conspiracy to murder, rioting, and willful damage of property. 

    The charges were brought against them by the Lagos State government.

    Two other defendants, Usman Suleiman and Abdullahi Buruma, pleaded not guilty and will face trial separately.

    During the hearing, Director of Public Prosecution (DPP) Dr. Babajide Martins urged the court to convict and sentence the five men based on their guilty plea.

    Reviewing the case, Dr. Martins told the court that on September 23, 2021, at about 4:30 p.m., police officer Kazeem Sunmonu Abonde, attached to the Department of Operations (DOPS) SHQ, was killed by a group of Okada riders during an enforcement operation at Honda Close, Ajao Estate, Lagos.

    He added that during the same incident, Assistant Superintendent of Police (ASP) Christopher Edafe and other officers sustained severe injuries.

    “Investigations revealed that the defendants were identified as the perpetrators of the violence. The defendants were arrested and eventually arraigned before this court on July 12, 2023” he added.

    Dr Babajide Martins informed the court that the prosecution had called one witness, PW1 Oyighe and at the end of his testimony, the 1st, 2nd, 3rd, 4th, and 6th defendants, though their counsel applied for a plea bargain.

    Justice Ogala after listening to the review of facts from the prosecution, convicted the defendants and sentenced them according to their plea bargain agreement.

    “In view of the plea bargain agreement, the 1st, 2nd, 3rd, 4th, and 6th defendants have been found guilty and convicted.

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    “According to section 77 of the Criminal Law of Lagos State, Imuriana Muhammed, Ogbole Muhammed, Yahaya Sefiyanu, Haruna Suleiman, and Gambo Dauda Ogah are sentenced to 18 years imprisonment.

    “Conspiracy to murder 14 years, rioting 3 years, willful damage of property one year imprisonment. The terms shall run consecutively and it shall commence from the day of your remand June 14, 2023.” the judge said

    Dr Babajide Martins prayed to the court of a trial date for the 5th and 7th defendants, Usman Suleiman and Abdullahi Buruma who pleaded not guilty.

    Justice Ogala adjourned the case to April 9, 2025 for trial in respect of the 5th and 7th defendants and further remand them at the correctional facility were they are held currently.