Tag: Court

  • JUST IN: Court declines request to stay proceedings in suit against fund allocation to Rivers LGAs

    JUST IN: Court declines request to stay proceedings in suit against fund allocation to Rivers LGAs

    A Federal High Court in Abuja has  rejected the request by Rivers State Government to stay proceedings in a suit seeking to stop allocation of funds to all the Local Government Areas (LGAs) in Rivers State. 

    In a ruling on Friday, Justice Joyce Abdulmalik held that the application for stay made by lawyer to the Government of Rivers State, Gordy Uche (SAN) was frivolous, vexatious, unwarranted and mischievous. 

    The ruling was given during Friday’s proceedings in a suit, marked: CA/ABJ/CV/1197/2024 by the Rivers State House of Assembly and  Honourable Martin Amaewhule.

    Read Also: Alleged N110.4b fraud: Court schedules November 14 for Yahaya Bello’s appearance

    The plaintiffs are seeking among others, to compel the Central Bank of Nigeria (CBN) to withhold financial allocation to LGAS in Rivers State.

    The Rivers Government had sought a stay of proceedings in the case, claiming to be challenging the court’s jurisdiction before the Court of Appeal.

    Details shortly…

  • Court dissolves marriage over genotype

    Court dissolves marriage over genotype

    An Area Court sitting in Centre-Igboro, Ilorin yesterday dissolved the Islamic marriage between Ajisegiri Balikis and Saadu Jimoh over unmatched genotype.

    The presiding Judge, Hammad Ajumonbi while delivering ruling said held that since both parties had agreed that they were no longer in love with each other, there will be no need for force.

    Ajumonbi dissolved the marriage and ordered Balikis to observe three months Iddah (waiting) period before she can remarry.

    He awarded custody of the two children to Balikis and said that the father has unrestricted access to his children.

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    The court ordered the father to pay N18,000 monthly for feeding and maintenance of the two children and be responsible for their school fees and medical services.

    Earlier, Balikis in her petition prayed the court to grant her divorce due to persistent misunderstanding, irresponsible attitude, lack of care, love and trust which she said began over the children’s genotype.

    She told the court that her first child was AS while the second child was discovered to be SS.

    ”My second child was always falling sick which prompted me to conduct a test and discovered she was SS. The only thing I know is that my parents said that my genotype is AA but I have never done an official test to confirm. That is why I told my husband before marriage that my genotype was AA while he told me he was AS,” she said.

  • Court schedules November 14 for ex-Gov Bello’s appearance over alleged N110.4b fraud 

    Court schedules November 14 for ex-Gov Bello’s appearance over alleged N110.4b fraud 

    A High Court of the Federal Capital Territory (FCT) in Maitama has fixed November 14 for the immediate-past Governor of Kogi, Yahaya Bello to appear before it.

    The court, presided over by Justice Maryanne Anenih had on October 3 issued  a public summons Bello to attend court and answer to a fresh 16-count charge,  boarding on criminal breach of trust, brought against him and two others by the Economic and Financial Crimes Commission (EFCC).

    The other two defendants in the charge, marked: FCT/HC/CR/778/2024 are Umar Oricha and Abdulsalami Hudu. The three were alleged to have diverted about N110.4billion.

    At the mention of the case on Thursday, lawyer to the EFCC, Rotimi Oyedepo (SAN) recalled that the court, on the last date, issued a public summons against Bello and directed that the summons be published in a widely circulating newspaper and copies of the public summons be pasted on Bello’s last known address and in conspicuous places in the premises of the court.

    Oyedepo said he had expected the ex-governor to be in court on Thursday even though the 30-day duration of the summons would expire on November 14.

    He then applied orally for an adjournment till November 14 for the arraignment of the three defendants. 

    Lawyer to Oricha, Joseph Daudu (SAN) objected to Oyedepo’s application, arguing that the case was scheduled for arraignment. 

    Daudu said his client was ready to proceed, adding that the defendants were all independent and should be so treated. 

    He said: “You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice.”

    Daudu urged the court to discharge the other two defendants who were in court if the prosecution was not ready to proceed with the case. 

    Lawyer to Hudu, Mohammed Aliyu (SAN) agreed with Daudu’s position and added that in the alternative, he would be asking the court to hear his client’s application for bail.

    Responding, Oyedepo faulted the position of both defence lawyers, arguing that the court could not hear the application for bail because the charge was a joint charge. 

    He noted that there are counts of conspiracy in the charge and urged the court to adjourn till November 14.

    Oyedepo noted that Oricha has filed an application for the enforcement of his fundamental rights, which has been served on him.

    He argued that the application for bail cannot be taken until the defendants were arraigned.

    Daudu, however, argued that Oyedepo’s position negated the principles of fair hearing. 

    “His argument is persuasive but does not go by what the law says. 

    “That until one individual appears before they can be arraigned. I don’t understand this kind of practice. 

    “It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.

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    “They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” Daudu said.

    He claimed that EFCC abused the court’s  process when it obtained an order from a magistrate court to remand the defendants even when the case was already before the High Court. 

    Daudu asked the court for a date for the hearing of his client’s fundamental rights enforcement application.

    Ruling, Justice Anenih refused the oral application for bail and ordered the defendants to file written formal applications for bail.

    She proceeded to adjourn till November 14.

  • Court sacks Kano electoral commission chairman, members four days to LG poll

    Court sacks Kano electoral commission chairman, members four days to LG poll

     A Federal High Court sitting in Kano on Tuesday sacked the Chairman of the Kano State Independent Electoral Commission (KANSIEC), Prof. Sani Malumfashi  for being  card-carrying member of the Ruling New Nigeria People’s Party (NNPP).

    The case was filed by Aminu  Tiga and the All Progressive Congress (APC),

    The defendants in the suit are the  State Attorney General and Commissioner of Justice, Haruna Dederi,

    and 14 others.

    Delivering judgment, Justice S.A Amobede, also held that Kabir Zakirai, the Secretary of the commission was not a civil servant and therefore not an officer in the Kano State Civil Service.

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    The judge held that Zakirai was not qualified to be appointed to the position pursuant to section 14 of the Kano State Independent Electoral Commission Law 2001.

    “Whatever the eighth defendant is doing in preparation of the 2024 Local Government Election in Kano State such as issuance of election guidelines, circulars, screening of candidates, sale of nomination and expression interest forms whichever and howsoever are null and void and of no effect whatsoever.

    “That, the 8th to 14th defendants  are forthwith disqualified and removed from their positions as chairman and members of the I* Defendants.”

    “That they are  forthwith restrained from conducting the 2024 Local Government Election in respect of 44 Local Governments in Kano State until and unless qualified persons are dully appointed.

    He than directed the Police and other Security agencies to forthwith ensure full compliance with the provisions of sections 197 (1) (b), 199 (2) and 200 (1) (a)of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    NAN reports that Tiga had argued that Prof.  Malumfashi, the chairman of the KANSEIC and others were card-carrying members of the NNPP and in partisan politics contrary to the section 197 (1) (b) and section 200 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    He said that all the members of the commission qualified to be the chairman and members of the KANSIEC.

    (NAN) 

  • Court reserves ruling on corruption against Ondo ex-Speaker

    Court reserves ruling on corruption against Ondo ex-Speaker

    An Ondo State High Court sitting in Akure has reserved ruling in a case of N2.4m corruption charges against a former Ondo Speaker, Hon Bamidele Oloyelogun. 

    Other charged with the former Speaker were 
    a former lawmaker, Felemu-Gudu Bankole and a civil servant, Segun Oyadeyi. 

    They were arraigned on a two-count charge of corruption and conferring undue advantages on themselves 

    The defendants were accused of misappropriating N2.4m in 2019. 

    They were alleged to have collected the money to attend a seminar in Lagos State but did not attend. 

    In the suit filed by the Economic and Financial Crimes Commission (EFCC) the lawmakers requested for funds to be released for four members of the Committee on Tertiary Education to attend the seminar scheduled for December 11-12, 2019. 

    The four members to attend the seminar were former Clerk, the Deputy Speaker, Hon Ogundeji Iroju, the Chairman of the House Committee on Tertiary Education and two members of the committee. 

    The suit said the seminar was not organised while the money released by tge Ministry of Finance, amounting to N2.4 million allegedly disappeared into private pockets. 

    In a preliminary objections through their counsel, Mr Femi Emodamori, the defendants urged the Court to decline jurisdiction because the charge was not in compliance with the process of the law. 

    Emodamori said there was nothing to prove the charges against the defendants saying there was no evidence to prove the money was spent as alleged by the EFCC. 

    But counsel to the EFCC, Mr TY Bello urged the court to convict and sentence the defendants on all the counts as the prosecution has proved his case beyond a reasonable doubt. 

    Bello said: “We maintain that the evidence before the court and the exhibit proved the charges beyond reasonable doubt. The charge is about conferring undue advantages to themselves. 

    “The money was released and they kept the money. If there was no petition, they would have spent the money. They kept the money in cash. They refunded the money in cash. The argument is about conferring undue advantages on themselves.’ 

    Presoding Judge, Justice Adegboyega Adebusoye, who spoke after adoption of written addresses by Counsel, said the date of the judgment would be communicated to the parties before the end of the year.

  • Yoruba nation agitator dies in custody as 27 others appear in court

    Yoruba nation agitator dies in custody as 27 others appear in court

    A member of the Yoruba Nation agitator has died in custody. 

    Officials of Nigeria Correctional Services told the court on Wednesday when the suspects were arraigned. 

    The deceased, Adejumo Lateef was the 18th defendant in a suit between the State Government and the accused persons under the aegis of Yoruba Nation Agitators.

    The Nation reports that the suspects are facing trial for invading the Oyo State government Secretariat on April 13, 2024, allegedly to declare the sovereign Republic of Yoruba Nation (Oodua Republic)

    The case with suit number I/51c/2024 held at the Fiat Court 3, Oyo State High Court, Ring Road, Ibadan presided over by Justice K. B Olawoyin.

    The defendants (1- 27) facing trial include: Adeyemo Peter, Adeyemo Joseph, Amos Oluwaseyi Ogundeji, Ayanwale Rofiat, Olalere Mathew and Ismaila Malomo Peter.

    Others are: Fatoki Anthony, Murittala Abefe, Ismaila Adepoju, Fatunmbi Wasiu, Isaac Friday, Ayanwale Saburi, Adeola Elegbede, Ademola Adeniyi, Ogundeji Alabi, Ojo Olufemi, Ajani Ezekiel, Adejumo Lateef and Ayoola David.

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    The list also includes: Adesokan Hameed, Adesokan Hameed, Abiona Esther, Omoyajowo Funsho, Tola Olufemi, Oritola Alabi, Kayode Fakeye and Taiwo Titilayo

    The suspect were arraigned on five count charge bothering on conspiracy, unlawful possession of firearms, unlawful assembly, treasonable felony and treason.

    The case is being prosecuted by the State Government team led by the Director of Public Prosecution (DPP), Mr S. O Adeoye, O. R. Yussuf (Deputy DPP), O. S Tella (DDPP) and three Senior State Counsels including: S. A Osuolale, Yisa Busari and O. A Bolarinwa.

    According to the charge sheet, the offence was committed on 13th day of April, 2024, at Ibadan, in the Ibadan Judicial Division, an offence contrary to and punishable under section 37(2) of the Criminal Code, Cap 38, Vo. II, Laws of Oyo State, 2000.

    When the matter came up in Court on Wednesday, the arrangement could not continue because majority of the defendants do not have legal representation. 

    While Adebola Ogungbe represented the 3rd, 4th, 9th and 12th defendants, Toluwase Ogundeji stood in for the 15th defendant.

    However, two lawyers Yomi Ogunlola and S.A. Sanmi who were also in court volunteered to represent all other defendants not represented in court.

    But, the 6th, 23rd and 24th defendants told the court that they will get in touch with their families to engage the service of lawyers to represent them in the matter.

    In his ruling, the Judge, Justice Olawoyin adjourned the case to November 6, 8 and 13 for arraignment and hearing.

  • Court to decide family’s N1b suit over missing son

    Court to decide family’s N1b suit over missing son

    The Lagos High Court, Ikeja will on December 10 deliver judgment in a N1.060billion fundamental rights enforcement case filed by two traumatised parents, Mr Steven Amos and his wife Doris, over the sudden disappearance of their son, Kingsley Amos, 14 years ago.

    Justice L.A.F. Oluyemi adjourned for judgment following the inability of the respondents to defend the matter since it was filed and served on them.

    The applicants in a motion on notice dated March 8, 2022, filed and argued by their counsel, Eze G. Alala, prayed the court to declare that the raid, arrest, detention and torture of Kingsley infringed on his fundamental human rights.

    The suit marked ID/13107MFHR/22 has Mr Steven Amos, Mrs Doris Amos and Kingsley Amos as first to third applicants.

    Lagos State Government, the Attorney-General, the Lagos Ministry of Youths and Social Development, the Commissioner of Police and the Inspector  General of Police (IGP) are the first to fifth respondents.

    The applicants want the court to make an order mandating the Police and other respondents to disclose where Kingsley, who was unlawfully arrested in front of their home in Ojodu, has been kept since January 11, 2010.

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    They prayed for an order to release him forthwith as detained, alive or dead, or disclose where he had been kept since then.

    They are also asking for N1billion jointly and severally against the respondents for the arrest, detention and torture of Kingsley and the mental and psychological torture coupled with ridicule which his parents have been subjected to by the agents/officers of the respondents.

    The plaintiffs are also asking for N50 million as exemplary damages jointly and severally against the respondents for the unlawful arrest and detention.

    They prayed for “an order compelling the respondents to publicly apologise to the applicants in the national dailies for the unlawful raid, arrest, detention and torture of the third applicant, as well as paying  21 per cent interest on judgment sum from the date of the detention of the third applicant until final liquidation of the judgment and cost of action in the sum of N10 million.”

    The applicants stated that Kingsley, who was about 30 in 2010, developed a mental sickness and was undergoing treatment when the state government through their agents raided the Ojodu Area and took him away while sitting in front of their house at No. 40 Bashiru Street Ojodu, without their consent or knowledge.

    “He was taken to Majidun Rehabilitation Centre on January 11, 2010, and to date, Kingsley has been detained and or killed by the respondents and their agents/officers who have refused, neglected and blatantly objected to disclosing his whereabouts while under the first and third respondents’ custody,” they claimed.

    The applicants said upon the illegal arrest, they searched for three days and moved from one centre to the other before they finally found him at Majidun Rehabilitation Centre on January 14, 2010.

    They explained that they met with the authorities of the first and third respondents on that date and they confirmed that their son was in their custody.

    “The first and second applicants complied with the procedures as they were directed for the treatment of their son with their details for easy communication and were interviewed by two different doctors at appropriate dates scheduled for them and treatment commenced on Kingsley by the doctors, as the first and second applicants visited severally with food items which were documented.

    “Surprisingly, on April 14, 2010, the first and second applicants went to visit their son in the Centre, but were told by the agents and staff of the Lagos government that an order came from Alausa ordering the transfer of their son together with a few other persons to an undisclosed location.

    “The applicants have made every attempt to inquire as to the place, time and modalities for the alleged transfer of their son, but none of the staff of the first and third respondents is willing to give further information and the third applicant is still missing till date without any effort by the respondents towards bringing back the first child and son of the first and second applicants since January 11, 2010 till date,” Alala explained.

    He stated that the actions of the respondents of arresting, detaining and deliberately dehumanising Kingsley were unconstitutional and unlawful.

  • BREAKING: Appeal Court okays judgment nullifying passage of Rivers 2024 budget

    BREAKING: Appeal Court okays judgment nullifying passage of Rivers 2024 budget

    The Court of Appeal in Abuja has affirmed the January 22 judgment by Justice James Omotosho of the Federal High Court in Abuja nullifying the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.

    In a judgment on Thursday, a three-member panel of the appellate court, led by Justice Joseph Oyewole, held that the appeal filed by the River State Governor against the January 22 judgment was unmeritorious.

    Justice Oyewole, who authored and read the lead judgment, held that, having failed to challenge the case at the trial court, by withdrawing all the processes (documents) he filed against the suit, cannot turn around to now seek to appeal the judgment.

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    He held that by withdrawing all his processes earlier filed against the suit at the trial court, he conceded to all the allegations made against him and all the facts as stated by the plaintiffs.

    Justice Omotosho had, in the January 22 judgment,  described the passage of the Rivers State’s 2024 Appropriation Bill by the five lawmakers,  led by Ehie Edison, as an aberration and illegality.

    He consequently ordered Governor Fubara to represent the budget to the  Martins  Amaewhule-led Assembly. 

    Details shortly… 

  • Supreme Court hears 16 State’s suit challenging EFCC’s powers Oct 22

    Supreme Court hears 16 State’s suit challenging EFCC’s powers Oct 22

    The Supreme Court has scheduled hearing for October in the suit by 16 State Governments, challenging the constitutionality of the law establishing the Economic and Financial Crimes Commission (EFCC) and two others.

    The court’s seven-member panel, presided over by Justice Uwani Abba-Aji, chose the date on Tuesday after it consolidated three suits earlier filed separately by three States, including Kogi.

    At Tuesday’s session, the court also granted the request by 13 States to be made co-plaintiffs in the case filed in the name of the states’ Attorneys General.

    The States now listed as plaintiffs in the consolidated case, marked: SC/CV/178/2023 are Anambra, Benue, Cross River, Enugu, Edo, Kogi, Kebbi, Katsina, Jigawa, Nasarawa, Niger, Ondo, Oyo, Ogun, Plateau and Sokoto.

    The 16 States are contending, among others, that the Constitution is supreme and that any law that is inconsistent with it is a nullity.

    The plaintiffs stated that the Supreme Court had held in previous cases that it was a United Nation Convention against corruption that was reduced into the EFCC Establishment Act.

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    They argued that in enacting EFCC Act in 2004,the Legislature did not comply with the provision of Section 12 of the Constitution, adding that it was mandatory that Section 12 of the Constitution be complied with before a convention could be made a Nigerian law.

    The plaintiff also argued that it was the requirement that majority of the states’ Houses of Assembly must first agree the convention be adopted before the EFCC Act could be validly enacted.

    They said that the EFCC Act, as currently enacted, could not be applied to states that never approved of it, in accordance with the provisions of the Constitution, arguing that any institution so established as the EFCC, should be regarded as an illegal body.

    Part of the reliefs being sought in the suit originally filed by Kogi State are:

    *A declaration that the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government lacks the power to issue any directive, guideline, advisory or any instrument howsoever called for the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogt State.

    *A declaration that the Economic and Financial Crimes Commission (EFCC), the Nigerian Financial Intelligence Unit (NFIU) or any agency of the Federal Government of Nigeria cannot investigate, requisition documents, invite and or arrest anyone with respect to offences arising from or touching on the administration and management of funds belonging to Kogi State of Nigeria or any Local Government Area of Kogi State.

  • Court adjourns alleged terrorism charge against four suspects

    Court adjourns alleged terrorism charge against four suspects

    A Federal High Court in the Asaba Judicial Division has adjourned for the fourth time due to the failure of the prosecution to file a counter affidavit opposing a bail application by the defence counsel in an alleged terrorism case.

    Justice Olufumilola Agbaje has adjourned the case to November 5th and 6th, 2024, with an appeal to the prosecution to avoid further delays.

    The case, marked FHC/ASB/18C/24, was filed by the Inspector General of Police (IGP) against the defendants and has suffered four adjournments.

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    The accused individuals are Francis Okolie, the national legal adviser of the Ogwashi-Uku Development Association; Prince Eugene Ojo Izediunor, the Youth President of Agidiase quarters; John Nwano; and the Secretary General of the Ogwashi-Uku Development Association, Adigwe Eluemunor.

    The quartet is facing a three-count charge over alleged terrorism, attempted murder, and malicious damage.

    During the hearing, the prosecution counsel, Idika Kalu Esq, informed the trial Judge that he had not yet filed the counter affidavit and requested more time to do so.

    The lawyers representing the defendants did not object to the application for adjournment.