Tag: Court

The Court of Appeal sitting in Akure has affirmed the Ogunmolun family as owners of the land where Federal College of Agriculture, Akure (FECA) is situated.

It upheld a judgment of an Akure High Court that earlier ceded the land to the Ogunmokun family.

The High Court presided by Justice Adegboyega Adebusoye held that the Ogunmokun family and members of the family were persons entitled to a statutory Right of Occupancy in respect of a piece of land described in survey plan No JOE/OD/777/88 with beacon pillar Nos PBE 260 to PEB 2672, AFA 8720 and AFA 8721.

Justice Adegboyega held that the acquisition of the family land by the Federal Government in 1949 as contained in Nigeria Gazette was only limited to the area described as 685.9 acres and the boundary limited to the description as contained.

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He ruled that the defendants could not unilaterally expand it.

The Federal Government through its lawyer, Ola Dan Olawale, asked the appellate court to set aside the judgment and affirm the Federal Government as the owner of the land.

But Appellate Court in a unanimous decision dismissed the appeal and described it as moribund.

Justice Oziakpono Ono, who read the lead judgment, resolved all issues raised against the appellants and dismissed them accordingly with a fine of N.5million.

A Civil society group, the Committee for the Defense of Human Rights (CDHR ) has concluded plans to drag the Speaker of the Osun State House of Assembly, Adewale Egbedun to court over alleged multiple assaults on residents of the state.

 The Nation had reported that Egbedun on Friday supervised his aides to assault a lawyer, Yusuf Adeshina, and a bailiff while executing a court order in Osogbo which was kicked against by the Nigeria Bar Association (NBA).

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In a statement released on Saturday, by its chairman, Comrade Olowu Emmanuel, CDHR noted that victims of harassment by the speaker and his aides should signify as the group was about to seek redress in court over the multiple assaults.

 The statement read in part: “It is pertinent to note that one of our CDHR personnel previously experienced a similar form of mistreatment within the Speaker’s office on the 19th of December 2023 which indicates that the act of assaulting a person’s dignity is a norm to the Mr speaker and his aides.

The Lagos State High Court has restrained Cocean Nigeria Integrated Limited from commencing, prosecuting or participating in proceedings against P. E. Bitumen Resources Nigeria Limited in any court or tribunal other than arbitration under the International Chambers of Commerce (ICC Rules).

It is in respect of any dispute arising from a transportation agreement they reached on May 13, 2019.

Justice Olalekan Oresanya awarded N2million cost against the defendant in favour of the claimant for forum shopping and abuse of the court process.

The judge also awarded a personal cost of N2million against the defendant’s lead counsel, S. D. Ndukwe, to be paid into the court’s coffers.

Justice Oresanya ruled there must be an end to frivolous litigation and respect for the sanctity of the court process

The judge delivered judgment in the suit filed by P. E. Bitumen Resources, which sought to restrain Cocean Nigeria Integrated from continuing, prosecuting or taking any further steps in the multiplicity of suits filed by the defendant.

The dispute arose from a transportation business agreement which has an arbitration clause.

The applicant averred that Clause 24 of the deal provides: “All disputes arising out of or in connection with the agreement, including any question regarding its existence, validity or termination shall be referred to and finally determined by arbitration under the ICC rules which Rules are deemed to be incorporated by reference to this clause.”

The claimant averred that notwithstanding the agreement, the defendant commenced suit No. HOW/679/2022 at the High Court of Imo State, Owerri Judicial Division on July 19, 2022 seeking to recover an alleged indebtedness from the claimant.

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The defendant also obtained an ex-parte injunction freezing the claimant’s bank account.

The plaintiff, on becoming aware of Suit No. HOW/679/2022, commenced arbitration proceedings against the defendant under the ICC rules.

It also filed an action before the court for an order staying proceedings and referring the parties to arbitration.

The applicant added that the defendant participated in the ICC arbitration proceedings and signed the terms of reference on November 17, 2022.

It added that while Suit HOW/679/2022 and the ICC arbitration proceedings were pending, the defendant commenced suit HOW/374/2023 at the High Court of Imo State, Owerri Judicial Division against the claimant and members of the arbitral tribunal.

Justice Oresanya held that the argument of counsel to the defendant that the arbitration clause in the agreement of the parties is different from a SCOTT V Averay Clause is seriously misconceived and the submission therein is highly misplaced.

“The argument of the learned counsel is simplistic, artificial and pedestrian and it is of no moment and I so hold,” the judge held.

He said the defendant did not deny filing two separate suits at the High Court of Imo State and two other suits at the Federal High Court, Port-Harcourt Division in total disregard to the arbitration proceeding being held in Lagos in line with the arbitration clause, without fully exhausting the arbitration proceedings.

The Court of Appeal sitting in Abuja yesterday settled the dispute over the status of the 25 majority lawmakers of the Rivers State House of Assembly led by Speaker Martin Amaewhule. It said contrary to the claim of three of their colleagues led by Victor Oko-Jumbo, the majority lawmakers were still bona fide members of the assembly.

Amaewhule and the 24 others had appealed the decision of a Port Harcourt High Court which voided their membership of the assembly on the grounds that they had defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The lower court declared that by virtue of their defection they were no longer members of the assembly.

Setting aside the high court’s verdict, a three-man panel of the appellate court led by Justice Jimi Bada held that the lower court misdirected itself by granting the order. With him were Justices Hamma Barka and Bilikisu Aliyu.

The high court of a state, Justice Bada said, lacked the jurisdiction to hear the case since it bordered on the propriety or otherwise of the lawmakers keeping their seats after their alleged defection. The issue at stake is beyond the powers of the state high court, the appellate court held, citing Section 272 (3) of the 1999 Constitution as amended.

According to the appellate court, only the Federal High Court has the jurisdiction to determine whether or not the seat of a lawmaker is vacant or his term of office has elapsed. Section 272 (3) states: “Subject to the provisions of Section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a state, a governor or deputy governor has ceased or become vacant”.

The court did not stop there. It noted that against the well-known principle of audi alteram partem (let the other side be heard as well), the lower court did not hear the lawmakers before making its far reaching order. This, Justice Bada said, amounted to a denial of fair hearing, a right guaranteed in Section 36 of the Constitution. Moreover, he said there was no urgency (imminent harm or danger to the applicant) whatsoever that warranted the granting of the order. “The trial court ought to have listened to both sides before coming to a decision prejudicial to the appellants,”he said .

Section 36 (1) reads: “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality”.

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The appellate court’s decision has thrown up several issues flowing from what is happening in Rivers.

The questions

First, what becomes of the Oko-Jumbo-led minority lawmakers that have been sitting in the Government House and passing bills and resolutions which are being implemented by Governor Siminalayi Fubara?

In effect, all their actions have become illegal in the light of this judgment. All their actions are null and void ab initio. Their screening and confirmation of commissioners and local governments’ caretaker committees as well as the passage of the state’s budget have become nugatory.

Second, can Oko-Jumbo continue to parade himself as ‘speaker’ leading a three-member house to sit in Government House?

He can no longer do so, as the judgment duly places the leadership of the assembly in Amaewhule, who as presiding officer, in consultation with other members, is empowered to decide where the House sits. The governor cannot direct the assembly on where to hold its proceedings.

The Constitution states in Section 101 thus: “Subject to the provisions of this Constitution, a House of Assembly shall have power to regulate its own procedure, including the procedure for summoning and recess of the House”.

Third, are Oko-Jumbo and the two others still members of the assembly?

Yes, they are, but they can no longer lay claim to the leadership of the House.

What next for the group?

It has the right to appeal to the Supreme Court. But, first, it has to obey the appeal court’s verdict, pending its appeal to the highest court in the land.

A Federal High Court in Abuja yesterday ordered the closure of two companies linked to the alleged $9.6 billion Process and Industrial Development (P&ID) Ltd scandal.

The companies are Trinity Biotech Nigeria Limited and Resorts Express Concept Nigeria Ltd linked to the fleeing Briton, James Nolan.

Justice Donatus Okorowo, in two separate judgments, held that the companies were found guilty of the money laundering offences and were accordingly convicted under the same Act.

Justice Okorowo, therefore, ordered that the two companies be wound up and their entire assets be forfeited to the Federal Government of Nigeria.

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The News Agency of Nigeria (NAN) reports that the judge, on May 6, adjourned the two separate charges filed by the Economic and Financial Crimes Commission (EFCC) against the two companies and the British national for judgment.

Justice Okorowo fixed the date after counsel for the EFCC, Bala Sanga, and the defence lawyer, Michael Ajara, adopted their final written addresses and made their submissions in the matters.

Although the charges were amended in the course of the trial after Nolan, a director in the P&ID Ltd and the two companies, jumped bail and fled Nigeria, the EFCC applied that Nolan should be tried in absentia.

Nolan was declared wanted and an order was made for his arrest anywhere he is sighted.

A witness, Okemie Chijioke, testified before a Lagos State High Court at Tafawa Balewa Square (TBS) about how murder suspect Benjamin Ogundoro allegedly set his wife and brother-in-law on fire, causing their deaths.

Chijioke recounted how Ogundoro screamed for help and alerted him to the fire.

The defendant, Benjamin Ogundoro, is on trial for alleged murder before Justice Sherifat Sonaike. Ogundoro, 50, was arraigned on December 7, 2022, facing a four-count charge of murder filed by the Lagos State Government.

He is accused of killing his wife, Chinyere, who had just returned from Scotland, and her brother, Ifeanyi Edoziem, by pouring petrol on them and setting them ablaze while they slept, leading to their deaths.

The prosecution said the incident happened on April 1, 2022, at about 3.30 am, at House 5, Zone 7, Oteyi Garden Estate Abule Ado, in the Amuwo Odofin area of Lagos state.

According to the prosecution, the offences committed contravened Sections 223 and 341, of the criminal law of Lagos State 2015.

However, the defendant pleaded not guilty to the charge against him and the trial commenced immediately.

When the matter was called before Justice Sonaike, Director of Public Prosecution (DPP), Dr. Babajide Martins announced his appearance for the prosecution while Mr Ogbogu Ubaka announced the defence.

Led in evidence by Mr Ogbogu, the witness, Mr Okemie Chijioke, a businessman told the court that the defendant was his neighbour who lived in an apartment beside his.

He said: Mr Ben lives in house 5 while I live in house 6. What happened on April 1, came to me as a dream.

“I heard somebody shouting help, I jumped up from my bed and looked from the window of my parlour and I saw fire coming from Mr Ben’s house.

“As I rushed inside his apartment, I saw one person lying there beside the door, there were other people there too. I saw luggage outside the corridor.

“We disconnected the AC, I went inside and saw someone lying close to the door I saw the late Ifeanyi who was shouting, “It is my sister oo”.

“Someone who calls himself CSO said we should start fetching water to pour on the building, I and people in the neighbourhood, packed things out to quench the fire.

“The compound is not that big but they parked two cars, I asked who owned the cars, and when the owner did not come forth, I broke the side glass so we could push the car out from the building.

“The tenant who owned it then rushed out and started shouting who did this to my car. He then rushed inside to take the key because he lives at the back of the building and took the car out. We struggled till we quenched the fire from the room where it started.

“I saw pieces of luggage scattered at the parlour door outside the building like travelling bags. There was something white on them like a tag that’s how I knew it was a travelling bag.

“Later a ladder was brought for us to remove the wire from the pole so that people can enter the roof of the building and pour water.

“Later I asked where Mr Ben was, and people said he shouted for help before he collapsed and was rushed to the hospital.

The counsel asked if he knew where the scattered pieces of luggage were at the moment and he said no.

During cross-examination by the prosecuting counsel, the witness stated that he was not a member of the fire brigade nor was he trained to put out fire.

The witness also stated that when he noticed the fire around midnight, he did not call the police nor did he report the incident at the police station.

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He further stated that he could not say what caused the fire.

“I can’t say what caused the fire and I was not there when it started. I don’t live in the same household as Mr Ben.

“My coming to the court to give evidence was because the defence lawyer approached me to do so. Before that midnight I was not with Mr Ogundoro, the evidence I have come to give is just to assist the defendant.

Although the prosecution objected to the question of the witness coming to assist the defendant with his evidence, Justice Sonaike however stated that there was no ambiguity in the question.

“The defence just asked to ascertain if he had come as a good neighbour to help his case”, she said.

The court adjourned till August 5, 2024, for the continuation of the trial.

An Osun State High Court sitting in Ede on Tuesday, July 2, sentenced a middle-aged herdsman, Issa Ibrahim alongside others to death for kidnapping, killing, and dismembering the corpse of his father, Adamu Ibrahim over inheritance.

The convicts; Lateef Bello, Abdulrahman Soliu, Bello Ibrahim, and Jolaanabi Saheed were arraigned on October 28th, 2021 alongside the mother of Jolaanabi (Ajibola Saheed) on four counts of conspiracy, murder, and kidnapping.

However, they pleaded not guilty to the alleged offences.

The defence counsel from the Osun State Ministry of Justice, Assistant Director, Moses Faremi during the trial called three witnesses; two sons of the deceased and a police officer.

He tendered evidence against them including a stool, club, and others recovered from the house of Jolaanabi where the deceased was kept at Owode-Ede after he was kidnapped on April 17th 2017.

Faremi stated: “They kidnapped Adamu from his house and took him to the house of Jolaanabi. They demanded for ransom of N10m but later reduced it to N3m which was delivered at Sagamu in Ogun State. While the father was in their den, the veil used to cover his face fell off and he recognized his abductors. They killed him and dismembered his corpse. They threw the parts into Osun River to cover the crime.”

The presiding judge, Justice Kudirat Akano, delivering her judgment on Tuesday said the prosecution counsel was able to establish that the convict committed the crime of conspiracy, murder, and kidnapping by the conventional statements and the evidence given by an eyewitness (one of the sons of the deceased).

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She also noted that the evidence from one of the convicts, Issa Ibrahim who is the son of the deceased further proved that the crime was committed after he told other gang members of the failure of his father to give him his birthright, hence they should kidnap him for ransom of either money or cow.

She discharged and acquitted Ajibola Saheed (mother of the gang leader) on the ground that no evidence linked her to any of the crimes and the prosecution failed to prove it either.

She said: “For conspiracy, I sentence the convicts to 14 years imprisonment, for murder, I sentence them to death, and for kidnapping, I sentence them to 14 years imprisonment which will run concurrently.”