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Tag: Court

  • Shutdown: Varsity floors NUC, Okebukola at Appeal Court

    Shutdown: Varsity floors NUC, Okebukola at Appeal Court

    The Court of Appeal, Enugu Division has dismissed an appeal filed by the National Universities Commission (NUC) and its former Executive Secretary, Peter Okebukola, challenging the judgment of the Federal High Court Enugu Division, which nullified the closure of a private university, Richmond Open University, Arochukwu, Abia State, by the commission in 2006.

    The three-man Appeal Court panel in a unanimous judgment said it found no merit in the appeal and therefore dismissed it.

    The first, second and third respondents in the appeal were Dr. Ifeanyichukwu Okonkwo for himself and on behalf of Richmond Open University, the Federal Government and the Inspector General of Police respectively.

    Delivering the lead judgment, Justice Olasumbo Goodluck said she was not persuaded by the submission of the learned counsel to the appellant that the judgment of the lower court was a nullity, which the lower court itself could set aside.

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    In the view of Justice Goodluck, the lower court rightly and validly declined to set aside its judgment on the reasoning that “the exceptions in the case of Abana vs, Obi” warranting the court to set aside its findings, did not exist in the matter before it.

    Regarding the appellant’s submission that the originating summons filed by Ifeanyichukwu Okonkwo, a layman, renders the entire process filed by the respondent a nullity, Justice Goodluck agreed with the decision of the trial court in this regard.

    Quoting the trial court, the judge said: “On the issue of Mr. Okonkwo, a layman appearing for and on behalf of Richmond Open University to conduct this matter, this Honourable Court is functus officio on the judgment. The case of MODE NIG LTD VS.UBA (supra) is authoritative on the point but the matter is better raised in the Court of Appeal because any further review of the judgment of this court on the 14/7/06 on this point, will amount to this Honourable Court, sitting on appeal on its judgment and I resist the temptation to do so.”

    Speaking further, Justice Goodluck said: “I am unable to fault the decision of the trial court in this regard. Any attempt to upset the findings of the learned trial court in respect of the judgment given on the merit can only be considered by the Appellate Court. This case clearly does not fall under the exceptions for setting aside the judgment of the lower court. In effect, the trial court rightly dismissed the appellant’s application for setting aside its judgment.

    “Accordingly, I find no merit in this application. It is hereby dismissed.”

    The other two justices in the Appeal Court panel, Justice R. Maiwada Abdulahi and Justice Joseph Eyo Ekanem, both concurred with the lead judgment announced by their colleague, Justice Goodluck.

    Recall that in July 2006, Justice A.L. Allagoa, then of the Federal High Court Enugu Division, entered judgment in favour of Richmond Open University in a suit filed on behalf of the university by Dr. Okonkwo, an activist who claimed to be an investor in the university founded in 2006.

  • JUST IN: Court orders Interior Minister, NIS to ensure passport issuance within six weeks

    JUST IN: Court orders Interior Minister, NIS to ensure passport issuance within six weeks

    A Federal High Court in Abuja has ordered the Interior Minister, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to always ensure that applicants who meet all the requirements are issued international passports within six weeks and in compliance with Section 9(4) of the Immigration Act 2015.

    Justice Emeka Nwite issued the order in a judgment on a fundamental rights enforcement suit, marked: FHC/ABJ/CS/75/2023 filed by an aggrieved Nigerian, Benita Ngozi Ezumezu, with the NIS and the Interior Minister listed as respondents.

    Benita claimed to have applied for Nigeria’s international passport and met all the requirements as of October 6, 2022, but the NIS failed to issue her the passport 14 weeks later.

    In the judgment delivered on December 4, Justice Nwite rejected the respondents’ arguments, upheld the applicant’s claims, and granted all the reliefs sought by the applicant.

    Justice Nwite, who awarded N3 million damages against the respondents and in favour of the applicant, declared that as of October 6, 2022, Benita had fulfilled all the requirements and was qualified to be issued a passport within six weeks.

    The judge also declared that the respondents’ failure to issue the applicant passport 14 weeks after meeting all requirements violated Section 9(4) of the Immigration Act 2015 and the applicant’s right to freedom of movement.

    He proceeded to issue an order “directing the first respondent (NIS) to issue the applicant (Benita) passport forthwith as stipulated in Section 9(4) of the Immigration Act 2015.”

    Benita’s employer, Citizens’ Common (CC), a civil society group, expressed delight over the outcome of the case and commended the Judiciary for coming to the aid of a Nigerian whose right was violated.

    CC’s Chief Executive, Olalekan Oshunkoya, who read a statement by his organization, said: “Our interest in Benita’s case is not just because she is a staff in our organization, but primarily because the service quality of the NIS has diminished to an all-time low in the last few years.

    “The frustrating experiences of Nigerians, seeking to procure international passports in the hands of the NIS officials must be stopped.

    “We understand that the service may have slightly improved in recent months under the current administration, however, we know that this case (Ezumezu’s case) highlights the plights of most Nigerians in the hands of many government ministries, departments and agencies when it comes to service delivery.

    “After almost two years of litigation, we are glad that justice has been served in this matter. All the prayers sought in the case were granted by the judge.

    “We commend the Judiciary for serving justice in this matter. This is a landmark judgement, asserting the right of every Nigerian to demand to be served right, especially when such service is tied to a fundamental right, such as freedom of movement.

    “It should not be acceptable that services that can only be provided by the government remain poorly delivered without consequences.

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    “Majority of Nigerians continue to suffer irreparable loss for bad service quality from government ministries, departments, and agencies (MDAs), and it is time to make things work.

    “The award of the three million naira in general damages to the applicant is a reminder to every Nigerian that the law remains a shield against bad experiences and services from government ministries, departments, and agencies.

    “We must sound the alarm that losses incurred in the process of poor service delivery can be remedied through the courts, and this is an example.

    “It is also a reminder to public service providers that consequences exist for poor service delivery.”

  • Three sentenced to death by hanging for kidnapping, murder of Delta monarch

    Three sentenced to death by hanging for kidnapping, murder of Delta monarch

    Justice M. Omovie of the Delta State High Court sitting in Ibusa has sentenced three men to death for the murder of His Royal Majesty, Obi Edward Akaelue Ofulue III, the late King of Ubulu-Uku Kingdom, in January 2016.

    The convicts—Suleiman Musa, Umar Mohammed, and Garba Abubakar Haruna, also known as Dogo—were found guilty of committing the crime on January 6, 2016.

    They were arraigned on multiple charges, including conspiracy to commit kidnapping, kidnapping, conspiracy to commit armed robbery, armed robbery, and conspiracy to commit murder, culminating in the killing of the royal father.

    The court also convicted and sentenced one Jemilu Ahmed (m), who was found with the handset of the monarch for receiving stolen property.

    Read Also: Owa-Obokun: Court stops Adeleke from appointing monarch from Haastrup family

    Director of Public Prosecutions, State Ministry of Justice, Mr Anthony Orhorhoro, called 5 witnesses in proof of its case.

    The witnesses included Pastor Charles Afamefuna Ugboh, PW3, who was kidnapped alongside the king but survived the incident. He gave eye witness evidence of how they were kidnapped at gun point by the defendants and his eventual escape from their custody.

    Justice Movie held that the prosecution proved its case against all the defendants beyond reasonable doubts.

    Three defendants who carried out the kidnapping and murder of Obi Edward Akalue Ofilue 111 were to die by hanging.

    The court also sentenced the 1st defendant to 14 years imprisonment with no option of fine for receiving stolen property of the deceased monarch.

    It will be recalled that the monarch was kidnapped along the Obior road alongside Pastor Afamefuna Ugboh and held in captivity until his corpse was later found in the bush days after.

  • Court urged to stop govt funding of pilgrimage, Hajj

    Court urged to stop govt funding of pilgrimage, Hajj

    Human Rights and Empowerment Project Ltd/Gte (HREP) has prayed the Federal High Court in Lagos to stop the Federal Government from sponsoring Christians and Muslims to pilgrimage or Hajj using public funds.

    The public interest advocacy group filed a fundamental rights enforcement application through its counsel Ikenna Okoli (SAN) and Francis Moneke.

    It contends that deploying public funds either at the national or state level for the sponsorship of pilgrimage or Hajj contravenes Section 42 (1) of the 1999 Constitution by discriminating against Nigerians belonging to other religions or who do not identify with any religion at all.

    The plaintiff said the constitutional provision prohibits the government from discriminating against any citizen for belonging to a particular community, ethnic group, place of origin, sex, religion or political opinion.

    HREP argues that the use of public funds to sponsor Christians or Muslims to such spiritual exercises amounts to according special privilege or advantage to their adherents to the exclusion of others who are not.

    The President, the Attorney-General of the Federation (AGF), the Nigerian Christian Pilgrims Commission, the National Hajj Commission and the National Assembly are the defendants.

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    The group prays the court for a declaration that the allocation of taxpayers’ money for the maintenance and operation of the Pilgrims and Hajj Commissions is unconstitutional, illegal and ultra vires the powers of the Federal Government.

    The applicant seeks an order prohibiting the government at all levels from allocating or using public funds to sponsor, fund, and/or subsidise any religious pilgrimages for anyone.

    HREP prays for the Acts creating the Pilgrims and Hajj Commissions to be struck down for being inconsistent with sections 10 and 42 of the 1999 Constitution.

    In the novel public interest action, HREP laments the humongous and outrageous quantum of public funds sunk into sponsoring or subsidising pilgrimages and Hajj in a constitutionally secular state in which the adoption of any particular religion as a state religion is constitutionally prohibited.

    Section 10 of the 1999 Constitution provides: “The government of the federation or of a state shall not adopt any religion as state religion.”

    HREP contends that funding Christians and Muslims for pilgrimage or Hajj amounts to the adoption of those two religions as the state’s, which flies in the face of the clear constitutional proscription of such adoption.

    According to Moneke, Executive Director of HREP, millions of Nigerians are neither Christians nor Muslims.

    “Why then must such citizens be shortchanged in an arrangement wherein the resources of the state to which they should have equal claim are deployed to the benefits only of the Christian and Muslim citizens?

    “Nothing can be more discriminatory, unfair and unjust than such selective use of the commonwealth over which every Nigerian ought to claim equal heritage.

    “HREP brings this action pursuant to the preamble to the Fundamental Rights Enforcement Procedure Rules, 2009 paragraph 3e of which provides as a cardinal objective of the Rules that the court should encourage and welcome human rights cases even when brought by activists or NGOs acting on behalf of persons or groups affected by human rights violations.

    “HREP has taken the bull by the horns to speak and act on behalf of millions of voiceless Nigerians affected by this discriminatory practice of Nigerian government that has clearly marginalised non-Christian and non-Muslim Nigerians for many years,” Moneke said.

  • Man, 46, docked for allegedly stealing phone worth N215, 000

    Man, 46, docked for allegedly stealing phone worth N215, 000

    The Police on Friday arraigned Mr Odebamowo Goke, 46, before an Iyaganku Magistrates’ Court, Ibadan for allegedly stealing mobile phone worth N215,000.

    Goke, whose address was not provided was charged with stealing, to which he pleaded not guilty.

    The Prosecutor, Insp Olalekan Adegbite,  told the court that the defendant allegedly committed the offence on Nov. 27, at about 10:00 a.m., at Challenge area of Ibadan.

    Read Also: Court sets aside bench warrant against ex-AMCON MD over fraud

    Adegbite said that the defendant stole one Nokia C12 mobile phone worth N215,000, belonging to one Babatunde Okeowo.

    He said the offence contravened Section 390(9) of the Criminal Laws of Oyo State, 2000.

    The Magistrate, Mrs Oluwabusayo Osho granted the defendant bail in the sum of N100, 000 with two reliable sureties in like sum.

    She, thereafter, adjourned the case until Feb. 4, 2025, for hearing.

    (NAN)

  • Court sets aside bench warrant against ex-AMCON MD over fraud

    Court sets aside bench warrant against ex-AMCON MD over fraud

    Justice Mojisola Dada of an Ikeja Special Offences Court yesterday set aside a bench warrant issued against a former Managing Director of Assets Management Corporation of Nigeria (AMCON), Ahmed Kuru.

    Kuru and four others are defendants in the alleged Arik Airline N76 billion and $31.5 million fraud.

    The other defendants are former Receiver Manager of Arik Airline Limited, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, Union Bank Limited and Super Bravo Limited. The five defendants were to be arraigned on alleged theft, abuse of office, making false statements to public officers and stealing by taking the property of another, proffered against them by the Economic and Financial Crimes Commission (EFCC).

    Read Also: Court to hear applications by EFCC in alleged N1.35bn fraud case January 30

    Justice Dada set aside the bench warrant against the second defendant, following his presence in court yesterday and motion on notice filed by his counsel Olasupo Shasore (SAN).

    Dada set aside the bench  warrant in view of the second defendant’s presence in court and adjourned the case until January 20, 2025, the earlier scheduled date for arraignment.

  • Court stops annual anniversary in Osun community

    Court stops annual anniversary in Osun community

    Following yearly clash at Ekosin community, in Odo-Otin Local Government of Osun State, which always results in killings and loss of belongings, a state High Court has banned 2024 Ekosin Day.

    It will be recalled that several clashes occurred in the community over kingship tussle in the past, which led to loss of lives among warring factions and loss of property to arsonists.

    While preparing for the 2024 Ekosin Day, an Osun State High Court sitting in Ikirun, presided over by Justice Isiaka Adeleke, in a suit filed by Prince Bowofola Abraham, against Governor Ademola Adeleke and 10 others, including traditional chiefs, stopped the anniversary fixed for December 28.

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    According to the suit, the court was informed that Ekosin Development Association (EDA) and the community intend to celebrate Ekosin Day at the Palace Square, Ekosin.

    Abraham said there was a pending suit before the court over the community, hence he prayed to stop the N2billion fund-raising due to threat to peace of the community.

    Justice Adeleke granted the prayer, saying: “Arising from the above anxiety for likelihood of threat to the peace of people and the community, I order that there should be no physical presence of people at the celebration of this year’s Ekosin Day.’’

    He ordered that “the Nigeria Police and State Security Services should implement strictly that the events do not hold physically, but through Zoom or virtual, using the instrumentality of information technology.”

  • Court to hear applications by EFCC in alleged N1.35bn fraud case January 30

    Court to hear applications by EFCC in alleged N1.35bn fraud case January 30

    Justice Mojisola Dada of an Ikeja Special Offences Court has fixed January 30, 2025, to hear two applications in a charge brought by the Economic and Financial Crimes Commission (EFCC) against one Olalekan Abdul over an alleged N1.35billion fraud.

    The applications were filed by a nominal complainant and applicant, through its counsel Chukwuma Machukwu Ume (SAN).

    Ume informed the court that both applications were dated November 17, 2024, and filed on November 24, 2024. 

    The first one listed the Lagos Attorney General (AG) as a respondent, while the second listed the EFCC as a respondent, aside parties before the court.

    Umeh added that the applications were “fundamental” to the matter before the court as they related to the nolle prosequi entered by the AG which resulted in the removal of the 20-count charge and the amendment of the information filed by the prosecutor. 

    Umeh added that the applicant in the application, is praying the court to set aside the order.

    Responding to a question from Justice Dada, Umeh informed the court that his second motion was focused on the amendment of the information filed on the 24th of October 2024 as a result of which the EFCC left out the second defendant,Azubuike Ishekwene, an ex Punch newspaper editor. 

    “The application is that the order and the amendment be set aside. The said applications have been served on all parties,” Ume said.

    He  prayed the court to take the application due to its “fundamental nature.”

    Olu Mokuolu Assistant Chief State Counsel, Federal Ministry of Justice (Office of the AGF) walked in at this stage and tendered apology for his lateness to court. 

    He informed the court that the office of the AGF had the right to intervene in the matter. 

    As a result, he sought an adjournment to get the file from the EFCC.

    He told the court  that  there were petitions in the office of the AGF and they would love to examine the file to see if they would take over or not.

    Dr. Muiz Banire (SAN), who represented all respondents was served with the applications, responded that he was not opposed to the application for an adjournment, as he just got back from Abuja and needs 48 hours to respond to them.

     Banire stated further that since the office of the AGF was present in court, they would be waiting for his advice.

    Prosecuting counsel, Franklin Ofoma requested that the court inquire into the identity of the person watching brief.

    The counsel,  Peter Umah stated that he was from Aswani Legal Partners Ltd and was watching brief on behalf of the nominal complainant.

    Read Also: Court strikes out alleged N4.8b fraud case against Ibeto

    Justice Dada adjourned the matter till January 30, 2025, for a hearing and report.

    The EFCC had filed the charge in December 2019, with Mr Azubuike Ishekwene and Abdul as co-defendants in a 26-count conspiracy, forgery, and stealing charge. 

    They were arraigned on January 29, 2020.

    It was alleged that they conspired with one Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences.

    Ishiekwene, and Abdul, former Managing Director of Cleanserve, pleaded not guilty and were granted bail.

    He said after an unsuccessful attempt to take over the prosecution from the EFCC, the Lagos AG filed for discontinuance of the case by entering a nolle rosequi, following which Ishekwene was discharged.

    Abdul is now the sole defendant in the amended charge.

  • Court strikes out alleged N4.8b fraud case against Ibeto

    Court strikes out alleged N4.8b fraud case against Ibeto

    Justice Oyindamola Ogala of a Lagos State High Court sitting in Ikeja has struck out an alleged N4.8 billion fraud charge filed by the Economic and Financial Crimes Commission (EFCC), against the Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto.

    Justice Ogala struck out the charge after counsel to the EFCC, Rotimi Jacobs (SAN), informed the court that Ibeto had refunded over N3.2 billion he was accused of stealing from the alleged victim, Chief Daniel Chukwudozie.

    Jacobs also informed the court that the defendants and the complainant had met with the EFCC and agreed to settle the matter out of court.

    “After the last court session,  parties met with the EFCC to explore settlement options.

    “This resulted in the defendants refunding N3.2 billion to the Commission.

    Jacobs, however, told the court that two issues remained unresolved and listed these to include the allegations of forgery and the $3 million that Ibeto denies collecting from the complainant.

    “The EFCC has instructed me to withdraw this case in the spirit of reconciliation while the Commission decides how to address the outstanding issues.

    “I therefore request the court to strike out the charge,” Jacobs said.

    Ibeto’s counsel, Adebayo Oshodi, told the court that an agreement had been reached, resulting in the refund.

    He however denied that there was any issue remaining unresolved.

    He stated: “I can confirm to the court that all parties have reached an agreement, that the matter be settled out of court. I, however, deny that there are any outstanding issues.”

    Read Also: Court halts further production, distribution of Farotimi’s book

    After considering the submission from both lawyers, Justice Ogala struck out the charge.

    The EFCC had in April, last year,  filed a 10-count charge of conspiracy, fraud, forgery, and the fraudulent use of documents against the businessman and his companies, Ibeto Energy Development Company and Odoh Holdings Limited.

    Arraignment was, however, stalled and adjourned multiple times owing to the failure of the businessman to appear in court but was always represented by his lawyers.

    Former trial judge Justice Ismail Ijelu granted the prosecution’s request on November 3, last year, to order the arrest of Ibeto for not appearing in court, despite assurances from his lawyers that he would attend.

    The case was, however reassigned, to Justice Ogala in February 2024 by the Chief Judge of Lagos State, Justice Kazeem Alogba.

    This was after the defendants accused Justice Ijelu of bias and also challenged the court’s jurisdiction to hear the case.

  • UPDATED: Farotimi remains in prison as Court reserves ruling on bail application

    UPDATED: Farotimi remains in prison as Court reserves ruling on bail application

    Justice Abayomi Adeosun of the Magistrate Court sitting in Ado-Ekiti, the Ekiti state capital, Tuesday has reserved ruling on the bail application filed by human rights lawyers, Dele Farotimi, till December 20, 2024.

    Farotimi was arraigned last week before the magistrate court by the police for alleged defamation of the character of Chief Afe Babalola in his book entitled “Nigeria and its Criminal Justice System”

    Babalola had considered aspects of the 104-page book authored by Farotimi as defaming him and filed a legal action against the human rights lawyer. 

    He, however, pleaded not guilty to all the 16 counts charged against him. 

    At the resumed hearing on Tuesday, the Police prosecuting counsel, Mr. Samson Osobu, opposed the appearance of a Senior Advocate of Nigeria, Adeyinka Olumide-Fasuka, in defense of Farotimi. 

    The police counsel informed the court that the Senior Advocate of Nigeria, under the law, could not take over the suit for the defendant at the Magistrate Court.

    He cited the recent judgement of a court of Appeal in Ibadan, Oyo State delivered July 16,2024 where the court ruled that SAN could not appear before the magistrate court.

    But in his submission, Olumide-Fasuka explained that the Ekiti state magistrate court law enacted by the House of Assembly allowed lawyers irrespective of status and title to appear in the court especially in criminal matters as it related with the suit against the defendant.

    Read Also: BREAKING: Farotimi arrives court over defamation case

    The Senior Advocate of Nigeria urged the court to reject the argument of prosecuting lawyer, noting that the verdict he cited might not have taken into considerations all magistrate court laws across the country.

    Responding on the matter, the Chief Magistrate, Abayomi Adeosun, said that he would step down his ruling on the matter in order for him to read the judgment cited by the prosecutor.

    He, however, ordered the Senior Advocate of Nigeria to step down and allowed the most senior lawyer in the defendant’s team to continue the case, pending his ruling on the matter.

    A legal practitioner, Barr Taiwo Adedeji, however, continued the case on behalf of the defendant.

    The court, however, adjourned the case till December 20, 2024, to hear the bail application and ordered the remand of Farotimi in prison custody.