Tag: Court

•Prosecution opens trial in cases against Emefiele, Sirika

A former Director of Currency Operations at the Central Bank of Nigeria (CBN), Mr. Ahmed Umar, yesterday told a Federal Capital Territory (FCT) High Court that the minutes of the meeting of the apex bank’s management on naira redesign was not sent to him.

Umar said this while testifying as the prosecution’s first witness (PW 1) in the alleged naira swap case filed against Godwin Emefiele, the suspended CBN governor.

In the four-count charge filed against him, the Economic and Financial Crimes Commission (EFCC) alleged that Emefiele disobeyed the law with intent to cause injury to the public during his implementation of the naira swap policy during former President Muhammadu Buhari’s administration.

He is standing trial before Justice Maryann Anenih.

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Umar said he signed the memorandum for the redesign of the naira in 2022.

When asked to comment on an October 26, 2023, meeting of the Committee of Governors (CoGs) of the CBN, he said: “The minutes of the meeting was only circulated among members of the CoG.”

Led in evidence by EFCC counsel, Mr. Rotimi Oyedepo (SAN), Umar said the management of the apex bank directed his department (Currency Operations) to “come up with a memo on the redesign of the naira notes in August 22, 2022”.

Umar said upon completion of the task, a memo was submitted to the CoG and subsequently listed for consideration.

The witness added that the CoG, which comprises the CBN governor as chairman, and four deputy governors as members, on October 26, 2022, held a meeting via zoom to deliberate on the memo his department submitted.

He added that he had joined the meeting only “to make my presentation and exited” afterwards.

Umar recalled that after the meeting, the Corporate Affairs Department conveyed anticipatory approval of the CoG pending ratification by the Board of Directors (BoD).

The Chief Judge of the Federal High Court, John Tsoho, has approved the request of the All Progressive Congress (APC) to transfer the case filed by Senator Jimoh Ibrahim against the Ondo State Governorship Primary Election, from Abuja to the Akure Division for hearing.

In a statement signed by the special assistant to the Hon. Chief Judge, Joshua Ibrahim Aji, Esq and dated 22 May, it was asserted that the case which was slated for mention before Hon. Justice Inyang Ekwo in Abuja on May 29, will now move to the Federal High Court, Akure.

This is in line with extant practice direction issued by the Hon. Chief Judge to the effect that all pre-election matters should be heard and determined in the judicial division where the election took place.

The statement read: “RE: Application for the transfer of suit no: FHC/ABJ/CS/588/2024 between senator (DR) JIMOH F IBRAHIM Vs All Progressive Congress (APC) & 2 ORS, to the Akure judicial division of the federal high court.

“Your letter on the above subject matter dated 12 May 2024 please, refers.

“I am directed by His Lordship, the Honourable, The Chief Judge to inform you that action has been taken by transferring this case to the Federal High Court, Akure, after considering the Reply from Chief Chris Uche, SAN of Counsel for the Plaintiff, to the first defendant’s application.

“Please, accept the esteemed regards of His Lordship, the Hon. Chief Judge.”

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Senator Jimoh Ibrahim, representing Ondo South, approached a Federal High Court in Abuja to nullify the primary election that elected Governor Lucky Aiyedatiwa as the All Progressives Congress (APC) candidate for the upcoming Ondo state governorship election.

He told the court that the April 20 primary election that produced Aiyedatiwa was marred with a lot of irregularities.

The senator, who participated in the primary election as a governorship aspirant, alleged that the primary was unlawful.

He claimed that Sections 221, and 228 of the 1999 Constitution and 84 of the Electoral Act 2022 were grossly violated in the conduct of the primary election.

The traditional ruler of Ute in the Ose local government area, Oba Micheal Adetunji Oluwole, has been dethroned by an Ondo state High Court sitting in Owo, Owo local government area.

The embattled monarch has been in a legal tussle over his emergence for the past 29 years.

Olule Omolaja Ruling House had challenged the retired Army Major’s right to ascend the throne.

Justice Ademola Enikuomehin, in his ruling in the suit filed by Adewumi Fabuluje, nullified the selection process that brought Oba Oluwole to the throne and ordered a fresh selection process into the stool.

The Judge ordered Oluwole to stop parading himself as the traditional ruler of the town.

He held that a fresh selection process from within the Olule Omoloja ruling house lineage should be begun.

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Justice Enikuomehin ruled that the dethroned monarch had no right to the throne and affirmed that the retired Army officer was not a member of the ruling house designated to fill the vacant throne of the town.

According to the Judge, “Oluwole has no right to the throne, being a member of the Kingmakers of the town and should not make himself King.

The Claimant, in his comment, said it was a victory for the Olule Omolaja Ruling House, in the suit that began in 1995.

Fabuluje stated that the case was returned from the Supreme Court to the High Court for a fresh hearing after the judgement was awarded at the Appellate Courts.

Counsel to the state, F.K Salami, said that the judgment would be reviewed and necessary action would be taken.

Prince Olayiwola Omoloja said they were happy that the long-suffering from their original entitlement had ended.

Two Reverend Sisters of the Roman Catholic Church have been remanded by the Children, Sexual and Gender-Based Violence Court of Anambra State over alleged illegal adoption of babies.

The accused, Angela Onyenachi Ibe (42) and Mother-General, Chiemelie Jacinta Yvonne (41) were arraigned on a four-count charge of conspiracy, obtaining by false pretence, punishable under sections 495(a) and 386 of the Criminal Code, Cap 36, Volume II, of the Revised Laws of Anambra State of Nigeria, 1991 and illegal dealings on Children, as well as fraudulent adoption, punishable under section 30(2)(b) of the Child’s Rights Law of Anambra State, 2004.

According to the Prosecutor, the defendants were alleged to have fraudulently collected huge sums of money between N4million and N1,500,000 paid into Zenith Bank account, belonging to Sam Damian Community Children’s and Old People’s Home, under the guise of perfecting adoption for the complainants.

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The defendants however pleaded not guilty to the charges, explaining that both of them hailed from Imo State and belonged to Catholic congregation, known as the St. Francis of Compassion, also based in Imo State.

They added that they were staff members and attendants at the Sam Damian Community Children’s and Old People’s Home, located at Obosi, Anambra State.

The Defense Counsel, in a bail application, prayed the Court to grant bail to the defendants on the ground that they were Revd sisters of the Roman Catholic Church, and would religiously attend their trials, whenever called upon to appear before the Court.

In her ruling, Presiding Chief Magistrate, Genevieve C. Osakwe, described the ground of bail application as very weak and unknown to law.

She bemoaned what she termed rising cases of illegal adoption and dealings on children in Anambra State, calling on security agencies, especially the Police to extend their search, arrest and prosecution to those involved in the management of illegal Community Children’s and Old People’s Homes, across the state.

The case was adjourned till May 29 and June 26, 2024 for definite hearing, while the Court ordered that the defendants be remanded at the State Criminal Investigation Department (CID), Awka.

A Federal High Court in Abuja has dismissed a suit on the  appropriateness of the Federal Government’s plan to convert various loans, estimates at N22.7 trillion obtained by the Central Bank of Nigeria (CBN) under that Ways and Means window.

The suit particularly prayed the court to stop the conversion of the debt to a promissory note or any other promise to pay at a future date or securitisation by ways of issuance of treasury bills, bonds or other forms of security.

The suit, marked: FHC/ABJ/CS/1286/2023, was filed shortly after the Fed Govt, in December 2022 requested the National Assembly for permission to securitise the debts acquired from the CBN over the years.

The two plaintiffs – Justin Edim and Akinfewa Akinwunmi – claimed to be acting on behalf of other Nigerians, who would be negatively affected by the Fed Govt’s action.

In a judgment on Thursday, Justice James Omotosho held that the plaintiffs lacked locus standi (legal right) to have approached the court on the issue.

Justice Omotosho noted that even if the plaintiffs had the locus standi to file the suit, they failed to prove their case with relevant evidence.

The judge, who noted that  although the plaintiffs claimed that they filed the matter on behalf of the masses, held that the suit was not a fundamental enforcement rights case.

He said the claim that the suit was brought on behalf of the public was, therefore, incomprehensible.

The judge wondered whether there was any public forum where the plaintiffs brought the people together or conducted a poll to gather their opinions and views before commencing the action.

He said the plaintiffs had not shown to the court how the Ways and Means bill affected their personal rights.

Justice Omotosho held that, having failed to show how the issue complained about by the plaintiffs affected them personally, they lacked the  right to file a suit on behalf of other  Nigerians.

He added: “The need to have the  requisite locus standi is to prevent all kinds of suits. The case is hereby dismissed for lack of locus standi.”

Justice Omotosho further held that even if the plaintiffs were to have the required locus standi, the exhibits they  attached to their court processes were not certified true copies (CTCs) as required by law.

He noted that the plaintiffs only tendered a printout of an online newspaper as evidence before the court.

The judge held that the only admissible copy of a newspaper printout is a certified true copy of the same publication.

He said: “You cannot just printout or buy a newspaper from a newspaper vendor and bring it to court.

“It must be certified by the National Library by virtue of Section 84 of Evidence Act, 2011.

“Where a public document is ought to be tendered, only the certified true copy will be admissible,” he said. 

Justice Omotosho, who held that the court could not rely on downloaded documents as genuine, said the court could only act on an original copy or the CTC.

He held that a public document must be certified to be admissible before a court.

Justice Omotosho, who held that courts do not act on speculations, said the suit was full of speculation and rumour, proceeded to expunge the rejected exhibits from the court’s file.

The judge deleted the name of the National Assembly from the list if defendants in the suit on the grounds that it was not served with the mandatory pre-authorization notice.

Listed as defendants in the suit were the President,  Federal Government of Nigeria, the CBN and Ministry of Finance, the Debt Management Office (DMO), the National Assembly and the  Attorney General of the Federation (AGF).

The plaintiffs, through their counsel, Victor Opatola, had said that they initiated the legal action on behalf of themselves and other Nigerians.

They particularly asked the court to stop the conversion of the debt to a promissory note or any other promise to pay at a future date or securitisation by ways of issuance of treasury bills, bonds or other forms of security.

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The plaintiffs argued that the series of loans secured from the CBN had amounted to N23.7 trillion, and that the FG was planning to restructure the loans to something that could be traded.

They stated that the FG had over the years secured various loans from the CBN under the Ways and Means provision of Section 38 of the CBN Act in contravention of relevant laws which stipulated that the total amount the FG could borrow shall not at any time exceed five per cent of the previous year’s revenue of the FG.

They averred that recently, the Ways and Means debt of N22.7 trillion was decided to be converted into bond (promissory note) contrary to Section 38(3)(b) of the CBN Act.

The plaintiffs then urged the court to declare, among others , that the effect of securitising the Ways and Means debt would adversely affect the plaintiffs and millions of Nigerians, as well as rob them of the true worth of their savings and further drive Nigerians below poverty line.

“That by securing the Ways and Means Debt, the government will be putting too much money in the money market which naturally increases liquidity in the Nigerian economy which pen-ultimately skyrocket inflation in Nigeria.

“That unless the respondents are compelled by an injunction of this honourable court, it will continue to take steps in variance with the law and continue in its efforts to securitise the Ways and Means loan; which if completed and bought by Nigerians and investors might become irreversible,” the plaintiffs said.

A Kano State High Court Division of Appeal on Thursday, ordered that hearing notice should be served on Cleric,  Abduljabbar Kabara, who was sentenced to death by hanging for blasphemy to appear in court.

The News Agency of Nigeria (NAN) reports that an Upper Shari’a Court on Dec.15, 2022, sentenced Abduljabbar to death by hanging for blasphemy.

The appellant,  Abduljabbar, filed a suit through his counsel, Sadiq Yusuf, challenging the record of proceedings of the lower court( Upper Shari’a).

He is also seeking the court to amend section 275 and 375 of Kano State Shari’a Penal Code Law 2000, he was convicted on.

The respondent in the suit: Kano State Government.

The two member-panel, led by Justice Nasiru Saminu and Justice Aisha Mahmoud, also ordered that hearing notice be issued on Yusuf, for not appearing before the court.

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The judge also granted the respondent’s application for extension of time and adjourned the matter until May 14, for hearing.

Earlier, at the resumed sitting, the state counsel, Bashir Saleh, informed the court that the appallent and his counsel were not in court or represented.

Saleh moved two application for extension of time dated May 5, and filed counter affidavit attached with seven paragraph affidavit deposed by Abdulhadi Garko and urged the court to grant it’s application.

“My lord the appellant’s counsel should be served on hearing notice, at the last adjourned date he told the court he will file his counter affidavit today” Saleh said

The appallent committed the offence on Aug.10, Oct.25 and Dec.20, 2019 while conducting his preachings at his two mosque .

Saleh said that Kabara made a blasphemous comment against Prophet Muhammad (PBUH) and his marriage with Nana Safiyya in hadith 1,365, 1,428, 2,326 and 5,120 Sahih-Bukhari and Muslim and posted it on his Facebook page Ashabul Kahfi.

He said the offence contravened the provisions of sections 382(b) and 375 of Kano State Shari’a Law 2000.

(NAN)