The Nation Newspaper

Tag: Court

  • Court refuses to stay hearing in suit against Rivers govt over LG election

    Court refuses to stay hearing in suit against Rivers govt over LG election

    A Federal High Court in Abuja has refused an application for a stay of further proceedings in a suit challenging the decision of the River state government to conduct a local government election in October.

    Justice Peter Lifu, in a ruling on Thursday, August 15, dismissed the oral application for a stay of proceedings made by defendants in the suit, marked: FHC/ABJ/CS/987/2024 filed by the All Progressives Congress (APC).

    Justice Lifu held that since none of the defendants filed before the court either an application for a stay of proceedings or an application for a stay of execution of their court’s earlier interim injunction, the court couldn’t stay proceedings.

    The judge added that seeking a stay proceedings without allowing the court to determine if the suit is a pre-election matter or not is premature.

    He held that it was proper for the court to proceed with the hearing of the case because parties to the suit have filed their several preliminary objections and have joined issues.

    The judge said in the absence of a motion for stay and a motion challenging jurisdiction, all processes having been filed, the court is minded to proceed with the hearing of the substantive suit.

    Justice Lifu also dismissed the application filed by members of the state executive of the APC in Rivers seeking to be made parties to the case.

    The judge said: “Joining the parties seeking to be joined will be superfluous because they are card-carrying members of the plaintiff (APC).

    “Its involvement in the suit covers all its members. The application for joinder fails for lack of merit and it is dismissed.”

    Upon the application for adjournment by lawyers to the defendants, which was not opposed by the plaintiff’s lawyer, Joseph Daudu (SAN), Justice Lifu adjourned till August 29 for further hearing.

    Defendants in the case are the Independent National Electoral Commission (INEC), Rivers State Electoral Commission (RSIEC), the Attorney General of Rivers State, the Inspector General of Police (IGP) and the Department of State Services (DSS).

    The APC is contending, in the substantive suit, that the RSIEC failed to fulfil legal requirements to conduct the local government election, which it scheduled for October 15.

    The party argued that while RSIEC is legally bound to use the voter register compiled and kept by INEC for conducting local government elections in Rivers State, it failed to give a 360-day notice to INEC before the election date.

    In a supporting affidavit, Tony Okocha, described as the acting Chairman of Rivers APC, said the suit was filed because the RSIEC allegedly failed to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.

    Read Also: N35b fraud: Court orders seizure of N190.2m, $70,811 in theft case

    Okocha stated that it is only the voter register compiled, maintained, updated, and kept in the custody of INEC that RSIEC can obtain and use to conduct local government polls as RSIEC is not entitled to compile, maintain, update, and keep in its custody any separate voters register.

    In a ruling on July 19 on an ex-parte motion by the plaintiff, Justice Lifu issued an order restraining INEC, from releasing voters register to the RSIEC for the conduct of local government elections in the state.

    He also restrained the IGP and the DSS from participating or providing security protection for the RSIEC to conduct the election.

    The judge ordered parties to maintain the status quo ante bellum and to refrain from any act or take steps in furtherance of the conduct of the election pending the hearing and determination of the substantive suit.

  • N35b fraud: Court orders seizure of N190.2m, $70,811 in theft case

    N35b fraud: Court orders seizure of N190.2m, $70,811 in theft case

    The Federal High Court in Lagos yesterday ordered an interim forfeiture of N190,277,634.2 million and $70,811,48, allegedly stolen from a first generation bank by one of its employees, Muiz Tijani Adeyinka.

    Justice Akintayo Aluko, who granted the order following an ex-parte application by the Economic and Financial Crimes Commission (EFCC), ruled that the money be temporarily forfeited to the Federal Government.

    Read Also: Vandals of Renewed Hope: Ruling class, journalists as saboteurs

    The judge also directed the publication of the interim forfeiture order in any national newspaper, for anyone interested in the cash, to appear before the court and show cause within 14 days why the final order of forfeiture of the said monies should not be made.

    The EFCC filed and moved the application through its counsel C. C. Okezie, who supported the motion with a 21-paragraph affidavit, deposed to by an EFCC investigator, Michael Idoko.

    Justice Aluko, after hearing Okezie, held: “I have considered the application. I have examined the affidavit in support, the written address and the exhibits attached. The application has merit and the same is hereby granted.”

    The judge adjourned till October 9, for further hearing on the application.

  • Tailor jailed 18 months for stealing windows

    Tailor jailed 18 months for stealing windows

     A Jos Magistrates’ Court on Wednesday sentenced a 22-year old tailor, Arron Garba  to 18 months imprisonment for stealing aluminum windows from a church.

    The Magistrate, Mr Shawomi Bokkos, summarily tried and sentenced Garba after he pleaded guilty to theft.

    The magistrate, however, gave the convict an option to pay N50, 000 or to spend a year in prison.

    Read Also: Court jails Ondo traditional ruler, pensioner

    He ordered the convict to pay compensation of N1000, 000 or to spend six months in prison in default.

    Earlier, the Prosecution Counsel, Insp Ibrahim Gokwat, told the court that the case was reported on June 5, at the Laranto Police Station by Garba Nanvan, the complainant.

    The prosecutor said that the convict broke into the church with the help of his friend now at large and stole the windows valued at N100, 000.

    The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)

  • Unpaid gratuities, savings: Court refuses bank’s application for stay

    Unpaid gratuities, savings: Court refuses bank’s application for stay

    • Judge orders payment of N1.086b to escrow account

    The National Industrial Court in Lagos has rejected an application by Ecobank Nigeria Limited for a stay of execution of the judgment ordering it to pay N1,086,611,589.11 into the account of the court’s Chief Registrar.

    Justice R. H. Gwandu ordered the bank to deposit the sum pending the hearing and determination of its appeal.

    The judge made the order while ruling on an application by Ecobank for a stay of execution of the verdict mandating it to pay N1,086,611,589.11 to 1,742 ex-staff of Oceanic Bank whose staff savings and gratuities were withheld.

    The court also ruled on the ex-employees’ application for an order nisi attaching all monies outstanding to the credit of Ecobank Nigeria Ltd with the Central Bank of Nigeria (CBN) and with all banks in Nigeria for the satisfaction of the judgment debt.

    Justice Gwandu, aside from refusing the motion for stay, granted the order nisi application.

    The judge held: “Bench ruling read on motion for stay. Order nisi is granted as prayed, stay of execution is denied.

    “It, therefore, behoves this court to take steps to protect the integrity of its judgment and see that the Res is protected even when the appeal may or may not be pending.

    “I hereby order the judgment debtor to pay the judgment sum into the account of the Chief Registrar of National Industrial Court of Nigeria pending the outcome of the appeal filed by the applicants.”

    The court had ordered the bank to pay N1, 086,611,589.11  to the 1,742 ex-staff of Oceanic Bank who were denied their entitlements.

    Justice Gwandu gave the order in a judgment in suit NIC/LA /231/2012 filed by the former employees of defunct Oceanic Bank, which merged with Ecobank  Bank Limited in 2012.

    Babajide Bayode, Yemisi Adesote, Adeboyejo Oladimeji, Seun Aina, Yusuf Kadiri, Segun Alasan, Adetayo Familugba and Lolade Olaribigbe sued for themselves and as representatives of 1,733 other ex-employees.

    The representatives’ action suit was filed by their counsel Mr Nwabu Okoye.

    They sought “an order directing Ecobank Nigeria Limited to pay the outstanding sum of N1,146,470,393,.62 being the sum total of their savings in the Staff Savings Investment Trust Fund, SSITF, scheme contributed by 1742 ex-employees of  Oceanic Bank made up of those transfered to Ecobank upon the merger of the two banks through the merger of February 15, 2012 and those whose employment was determined before or upon the said merger which remains unpaid till date”.

    The claimants said the amount outstanding as their contributions to the SSITF scheme, which the defendant (Ecobank) refused to pay to date, stands at N926,901,065,.60.

    Justice Gwandu dismissed the bank’s counter-claim on the ground that it failed to put credible evidence before the court.

    Read Also: Rivers APC crisis: Court sacks Okocha, reinstates Beke

    The judge held that upon the consummation of the merger, Ecobank fully acquired all the assets and liabilities of Oceanic Bank and could not repudiate or push some of the liabilities on its employees, more so when it was the bank that was in control of the SSITF scheme.

    The judge held that Ecobank cannot deny that there were contributions to the  SSITF or show evidence that the claimants were paid the sum they claim.

    “I therefore, hold that the claimants have proved their case and are entitled to the payment of the sum of N926,901,065.60 being the sum total in the account of the  Staff Savings Investment Trust Fund being contributions of 1,742 ex-employees of Oceanic Bank made up of those transferred to Ecobank upon the merger and whose contract of employment were determined on February 15, 2012 and those whose employment otherwise were determined before or upon the merger,” Justice Gwandu held.

    On unpaid gratuities, the judge held: “I hold that the defendants are liable to the claimants in the sum of N159,710,523.51 being the total sum due on the basis of years of service of the employees.”

    The claimants had also asked for an order directing Ecobank to pay the sum of N159,710,523.51, being the total sum due as gratuities to 48 of the claimants and another sum of N59, 858,804.51 being the short payments of severance or redundancy paid by the defendant to 74 of them.

    The court was further asked to grant an order directing the bank to pay 22 per cent interest per annum on the sums of money being claimed from February 15, 2012, until judgment and thereafter at the rate of 12 per cent per annum until the liquidation of the judgment sum.

    Ecobank through its lawyer, S.C. Arubike filed a statement of defense to the suit as well as counter-claim.

    It demanded N967,529,765.38 being the excess of severance and or redundance benefits paid to the ex-staff of Oceanic Bank, at 24 per cent interest from October 30, 2014, until any judgment is delivered in its favour and interest of 10 per cent until fully liquidated.

    Justice Gwandu refused the plaintiffs’ claim of N59,858,804.51 being the total sum of short payment of severance or redundancy package paid by Ecobank to 74 of the claimants.

    The judge said it would be unfair for the court to hold Ecobank responsible for any lapses that may have occurred under the agreement brokered by ASSBIFI since some of the ex-staff benefitted under the agreement and are happy under the same agreement moreso the intervention of ASSBIFI had the consent of the ex-staff.

    The court granted 10 per cent interest on the judgment sum from 30 days after the judgment was delivered till it was fully liquidated.

  • Edo 2024: Appeal Court’s CTC judgment affirms Ighodalo as PDP’s candidate

    Edo 2024: Appeal Court’s CTC judgment affirms Ighodalo as PDP’s candidate

    …dismisses Shaibu’s appeal

    In a decisive ruling delivered on July 22, 2024, the Court of Appeal in Abuja reaffirmed Dr. Asue Ighodalo as the validly nominated governorship candidate of the Peoples Democratic Party (PDP) for the upcoming Edo State elections.

    In a Certified True Copy (CTC) of the judgement dated 8th August 2024, the court dismissed the appeal filed by former Deputy Governor Philip Shaibu, who had challenged the May 27th judgment of the Federal High Court in Abuja, given by Justice Omotoso.

    The appellate court, presided over by a panel including Justices A.M. Lamido, Tunde Awotoye, and Patricia Mahmoud, unanimously upheld the lower court’s decision, asserting that Shaibu’s case was both premature and without merit.

    The court agreed with the earlier judgment that Shaibu lacked the legal standing to challenge the PDP primaries since he did not participate in them.

    The appellate court further confirmed that the delegate congresses were conducted in compliance with the law and the PDP’s constitution, thus recognizing the delegates published by the PDP National Working Committee (NWC) as valid.

    Read Also: FG terminates Dantata & Sawoe’s contract on Kano-Maiduguri road

    The ruling also validated the primary election that produced Ighodalo as the party’s legitimate candidate.

    Moreover the court in affirming the lower court’s judgement, validated the authenticity of Ighodalo’s Permanent Voter Card (PVC).

    The Independent National Electoral Commission (INEC) had confirmed the legitimacy of the PVC, and the Federal High Court had ruled that Shaibu failed to provide sufficient evidence to prove otherwise.

    In addition to dismissing the case, the court imposed a fine of ₦1 million against Shaibu, payable to each of the four respondents, which include INEC, the PDP, Chief Dan Orbih, and Dr. Asue Ighodalo.

    The ruling reinforces Ighodalo’s candidacy, solidifying his position as the PDP’s flag bearer in the forthcoming Edo State governorship election scheduled for September 21, 2024.

    This judgment marks a significant victory for Ighodalo and the PDP, as the court has now twice validated his nomination process and dismissed all challenges raised against it.

  • Crisis: Court bars Agballah, nine others from parading as Enugu APC exco

    Crisis: Court bars Agballah, nine others from parading as Enugu APC exco

    A High Court sitting in Enugu State has granted an injunction preventing Barr Ugochukwu Agballah from parading as the chairman of the All Progressives Congress (APC) in Enugu State.

    The order obtained by our correspondent on Friday was signed by J. I. Agu, Esq, Deputy Chief Registrar 1.

    Also barred from parading as officials of the party are: the Deputy Chairman, Chief Augustine Alumonah, Mr. Jude Chinedu Aniogbo, Mr. Moses Emeka Eze, Barr. Sunday Ugwoke, Mr. Ugwu Christian Kanayo, Mr. Eze Chidiebere Johnson, Queen Charles, Onyekachi T. Ezeagu, Comrade Idoko Chikadibia.

    Agballah was penultimate week suspended as the state chairman of the APC, by the state executive council of the party.

    He was suspended alongside three other executive members of the party in the state: Chief Augustine Alumonah (State Deputy Chairman); Mr Jude Aniogbo (State Treasurer) and Mr Emeka Eze (State Organizing Secretary). They were accused of abusing their offices.

    Read Also: Court bars Agballah, nine others from parading as Enugu APC exco

    However, the suit, NO: E/548/2024, filed before Hon. Justice C.V.C. Ezeugwu, has Nwafor Alphonsus Onyeachonam, Acting State Chairman, APC, Enugu State Chapter, Chief Michael Ezeanyawu, State Publicity Secretary, Comrade Peter Chime, State Youth Leader, Mr. Uba Uthman Onah (Chairman Forum Of L.G Chairmen and Comrade Samuel Okonkwo, (Chairman Forum Of L.G Secretaries) listed as plaintiffs/applicants.

    They sued for themselves and on behalf of the APC State Executive Committee members in Enugu State.

    The court document said, “UPON an application by Motion Ex-parte brought pursuant to Order 3 Rule 24); Order 38 Rules 1, 2 and 4(a); Order 7 Rule 5; and Order 39 Rules 1 and 2 of the High Court Rules of Enugu State, 2020; Sections 6 and 36 of the Constitution of Federal Republic of Nigeria 1999 (as Amended); supported by a 46-paragraph affidavit deposed to by Chief Michael Ezeanyawu, and filed at the High Court Registry, Enugu on 2nd day of August, 2024; seeking an Order for Interim Injunction and Substituted Service.

  • Court bars Agballah, nine others from parading as Enugu APC exco

    Court bars Agballah, nine others from parading as Enugu APC exco

    A High Court in Enugu State has issued an injunction preventing Ugochukwu Agballah from presenting himself as the chairman of the All Progressives Congress (APC) in Enugu State.

    The court order, obtained by our correspondent on Friday, was signed by J. I. Agu, Esq, Deputy Chief Registrar 1.

    The following individuals were also prohibited from acting as party officials: Deputy Chairman Chief Augustine Alumonah, Mr. Jude Chinedu Aniogbo, Mr. Moses Emeka Eze, Barrister Sunday Ugwoke, Mr. Ugwu Christian Kanayo, Mr. Eze Chidiebere Johnson, Queen Charles, Onyekachi T. Ezeagu, and Comrade Idoko Chikadibia.

    Agballah was penultimate week suspended as the state chairman of the APC, by the state executive council of the party.

    He was suspended alongside three other executive members of the party in the state: Chief Augustine Alumonah (State Deputy Chairman); Mr Jude Aniogbo (State Treasurer) and Mr Emeka Eze (State Organizing Secretary). They were accused of abusing their offices.

    However, the suit, NO: E/548/2024, filed before Hon. Justice C.V.C. Ezeugwu, has Nwafor Alphonsus Onyeachonam, Acting State Chairman, APC, Enugu State Chapter, Chief Michael Ezeanyawu, State Publicity Secretary, Comrade Peter Chime, State Youth Leader, Mr. Uba Uthman Onah (Chairman Forum Of L.G Chairmen and Comrade Samuel Okonkwo, (Chairman Forum Of L.G Secretaries) listed as plaintiffs/applicants.

    They sued for themselves and on behalf of the APC State Executive Committee members in Enugu State.

    The court document said, “UPON an application by Motion Ex-parte brought pursuant to Order 3 Rule 24); Order 38 Rules 1, 2 and 4(a); Order 7 Rule 5; and Order 39 Rules 1 and 2 of the High Court Rules of Enugu State, 2020; Sections 6 and 36 of the Constitution of Federal Republic of Nigeria 1999 (as Amended); supported by a 46-paragraph affidavit deposed to by Chief Michael Ezeanyawu, and filed at the High Court Registry, Enugu on 2nd day of August, 2024; seeking an Order for Interim Injunction and Substituted Service

    “AND AFTER Hearing the submission of J. N. Aloh, Esq. of Counsel, for the Plaintiffs/Applicants.

    “The Court hereby orders as follows: An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from acting and parading themselves as occupying any of the following positions/posts to wit: State Party chairman, State Party Deputy Chairman, State Party Treasurer, State Party Organizing Secretary, Nsukka Local Government Party Chairman of APC, Igboeze South Local Government Party Chairman of APC, State Party Youth Leader of APC, Enugu South Local Government Party Chairman, State Party Publicity Secretary of APC and Enugu North Party Chairman, respectively of State Executives Committee, Enugu State Chapter pending the hearing determination Motion on Notice on 13th August, 2024;

    Read Also: Court jails Ondo traditional ruler, pensioner

    “An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from calling, arranging, organizing and holding any meetings, congresses or conventions as the leadership of APC State Executive Committee (SEC) and/or interfering, disturbing and meddling with the functions/activities of the Plaintiffs/Applicants (as well as other validly elected members of the said Executive) as the State Executive Committee of the Party in Enugu State, pending the hearing determination of the Motion on Notice on 13th August, 2024;

    “An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from accessing, operating, withdrawing and/or in whatever manner dealing with APC, Enugu State Party Account domiciled with the 11th Respondent, UNEC Branch, Enugu with Account Number 1025534529 and the Court hereby restrains the 11th Respondent from dealing with or honouring any instruction given by the 1st to 10th Respondents in respect of the said Account, pending the hearing and determination of the Motion on Notice on 13th August, 2024;

    “An Interim Order of Injunction is hereby made restraining the 1st to 10th Respondents by themselves, their agents, privies, friends, servants, their self-acclaimed executives, cohorts or whatsoever name called, from accessing, making use of, claiming or in any manner whatsoever dealing with the Secretariat of APC, Enugu State Chapter which is at No. 598 Bishop Onyeabor Street, G.R.A, Enugu North Local Government Area of Enugu State, pending the hearing determination of the Motion on Notice on 13th August, 2024;

    “The Court hereby grants leave to the Applicants to serve any Order made herein, the Motion on Notice for Interlocutory Injunction and other subsequent processes in this Suit on the 1st to 10th Respondents by Substituted Means, to wit: by pasting same at the conspicuous parts of the APC, Enugu Chapter Secretariat at No. 598 Bishop Onyeabor Street, G.R.A, Enugu North Government Area of Enugu State.”

    The matter has been adjourned to the 13th day of August, 2024 for the Motion on Notice

  • Court jails Ondo traditional ruler, pensioner

    Court jails Ondo traditional ruler, pensioner

    Baale of Ebute Ipare, Ilaje Local Government Area, Francis Ogundeji and one Ikuejamoye Thomas have been sentenced to three years’ imprisonment for disobeying a court order.

    They were jailed by a Chief Magistrates Court sitting in Igbokoda and presided over by Senior Magistrate E.A Manuwa.

    A four-count charge on contempt of court and falsehood were preferred against them. 

    They were said to have sold a land in the community  in November 2022, despite a High Court order restraining any sale of the land.

    Read Also: 20m judgment debt: Court okays winding up advert of oil firm

    Manuwa found them guilty on count three and sentenced them to three years imprisonment with option of fine of N150,000 each.

    Thomas, was however, discharged and acquitted on count one, two and four.

    According to the Magistrate, “The first defendant Ogundeji Francis is hereby sentenced to three months imprisonment on count one or pay the sum of N30,000. to the purse of the state government as fine.

  • 20m judgment debt: Court okays winding up advert of oil firm

    20m judgment debt: Court okays winding up advert of oil firm

    Federal High Court sitting in Lagos has granted leave to Brightwaters Energy to advertise the winding up of Eroton Exploration & Production Company, which owes it a consent judgment debt of $20 million.

    Justice Akintayo Aluko, in a ruling, dismissed Eroton Exploration & Production’s objection to Brightwaters Energy’s application.

    The judge upheld the application of Brightwaters Energy, filed by a Senior Advocate of Nigeria (SAN), Olumide Aju.

    Justice Aluko held: “Having perused the affidavit in support of the application and exhibits attached, and on examination of the Consent Judgment of June 21, 2022 and statutory demand letter of  February 6, 2023 served on respondent on February 23, 2023 and with  filing of the petition on March 22, 2023, there is merit in the motion for advertisement of the petition.

    “To this end, I declare: “That the relief on the face of the motion for advertisement is granted; That the mode of advertisement of the petition shall comply with Rules 19 and 20 and other provisions of Companies Winding Up Rules.”

    Brightwaters Energy is the petitioner/respondent, while Eroton Exploration  is respondent/objector in the suit, FHC/L/C8/491/2022.

    Read Also: Fed Govt goes tough on contractors

    The petitioner sought “an order granting leave to Brightwaters to advertise the winding up petition in the Federal Goverment Official Gazette, a national newspaper and other newspapers in Lagos State, where the office and place of business of the respondent is or in such other newspaper as the court may direct.”

    The grounds for relief included:  “The respondent (Eroton Exploration and Production Company) is insolvent, has insufficient assets to meet its liabilities and failed to liquidate indebtedness to the petitioner, which arose from an admitted judgment debt which Eroton consented to through Terms of Settlement and which they refused to pay over one year after the judgment of the court.

    “The 21-day statutory demand notice within meaning of Section 572 (1) of Companies and Allied Matters Act 2020 has been issued to the respondent and has elapsed.

    “Notwithstanding the statutory demand notice within meaning of Section 572 (1) of same Act, the respondent has refused, failed and/or neglected to defray the debts owed.”

    The respondent filed a preliminary objection on May 3, seeking “an order dismissing/striking out the instant petition for lack of jurisdiction.”

  • Court jails Ondo traditional ruler, pensioner

    Court jails Ondo traditional ruler, pensioner

    Francis Ogundeji, Baale of Ebute Ipare in Ilaje local government area, and Ikuejamoye Thomas have been sentenced to three years in prison for disobeying a court order.

    The Chief Magistrates Court in Igbokoda presided over by Senior Magistrate E.A. Manuwa, convicted them on charges of contempt of court and falsehood.

    The case involved allegations that they sold land in the community in November 2022, despite a High Court order prohibiting such transactions.

    They were found guilty on count three and sentenced to three years in prison, with an option to pay a fine of N150,000 each.

    Read Also: Fear grips Ondo cyclists over killings

    Thomas was acquitted of counts one, two, and four.

    According to the Magistrate, “The first defendant Ogundeji Francis is hereby sentenced to three months imprisonment on count one or pay the sum of N30,000.00 to the purse of the state government as a fine.

    “The first defendant Ogundeji Francis also sentenced to three months imprisonment or pay the sum of N30,000.00. The second defendant is hereby discharged and acquitted of the offence in count two.

    “In count three, both the first and second defendants are sentenced to three years imprisonment each or pay a fine of N150,000.00 each to the purse of the state government.”

    He ruled that the jail term would run consecutively.