Tag: Court

A Federal High Court in Abuja yesterday admitted the account statements detailing transactions in the Kogi State government House’s accounts with a commercial bank.

The statements, which covered 2018 to 2021, were admitted with other documents, including the opening mandate for the account.

The documents were admitted at the resumed hearing in the money laundering case involving the Chief of Staff to Kogi State Governor Usman Ododo, Mr. Ali Bello.

Bello is being tried alongside Dauda Suleiman on a 10-count amended charge filed against them by the Economic and Financial Crimes Commission (EFCC).

The documents were tendered by prosecuting lawyer Rotimi Oyedepo (SAN) through the sixth prosecution witness, Olom Otane Egoro, an official of the bank.

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Led in evidence by Oyedepo, Egoro gave details of transactions in the accounts, as reflected in the statements of account.

The witness identified the various deposits into and withdrawals from the accounts transfers and cash.

He said the withdrawals were not more than N10 million at any instance.

But the witness did not state who deposited the cash, what the money was deposited for or who withdrew it and for what purposes.

At the conclusion of his testimony, lawyer to Bello, Abubakar Aliyu (SAN), sought an adjournment.

Aliyu urged the court to vacate the May 7 date earlier scheduled for continuation of trial to a later date, citing health grounds.

Oyedepo and lawyer to Suleiman, Olusegun Jolaawo (SAN), did not object.

Justice James Omotosho adjourned the matter till June 19.

A Federal High Court sitting in Ikoyi, Lagos has ordered the release of a Babcock University student, Miss Oluwateniola Omidiji, detained by the Economic and Financial Crimes Commission (EFCC) as a result of a debt owed by her widowed mother, Mrs Omoniyi Omidiji.

In a fundamental rights lawsuit (FHC/L/CS/759/224), Miss Omidiji alleged that she was taken hostage by EFCC operatives over a debt allegedly owed by her mother to Mr. Charles Nwoko.

Nwoko said he invested the sum of N100,000,000 into Mrs. Omidiji’s business sometime in 2020 coming after Oluwateniola for the sum and the interest since her mother, his joint venture partner, is out of Nigeria.

Justice Y. Bogoro gave the order following an application for the enforcement of her fundamental human rights brought by her lawyer, Emeka Chijioke SAN of Auxano Law Chambers. Already Oluwateniola 19, is spending her 11th day in EFCC detention.

The judge said: “I have considered the ex-parte application, the extant laws under which the application is brought, and the affidavit supporting the application. I hereby grant the reliefs sought.”

EFCC operatives arrested the third year from her school’s premises on April 26, 2024.

She was subsequently detained at the agency’s detention facility at Ikoyi Lagos, where she’s been kept since. Justice Bogoro’s order was issued on Friday, May 3, 2024.

During the investigation, EFCC discovered that four persons were named directors in a company called Elisto Global Services Limited, which Mrs Omidiji allegedly used to receive the money from Mr. Nwoko.

They are the Applicant’s mother; the alleged creditor, Mr. Nwoko; the Applicant’s brother, and the Applicant.

Oluwateniola had cried out to the Court for relief after her school was stormed last Friday by EFCC operatives while she was writing exams. They laid siege to the school and took her away.

EFCC is alleged to have maintained that having been named by her mother as a director of Elisto, the 19-year-old Oluwateniola should answer for her mother’s presumed wrongs in the joint venture with Mr Nwoko.

Oluwateniola has been detained at EFCC’s facility at Ikoyi until EFCC gets her mother’s attention while other students have since continued with their exams.

In an application to enforce her fundamental rights filed by her lawyer Chijioke Emeka, SAN of Auxano Law, Oluwateniola contends that she was only a 16-year-old minor when her mother entered into a partnership with Mr. Nwoko and she knows nothing about it.

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She contends that it is wrong for the EFCC to hold her hostage over a wrong alleged to have been done by her mother.

She further contends that the transaction is a civil matter and asked the Court to order the EFCC to leave her out of the issue and pay her N10,000,000 as damages for the violation of her fundamental rights to human dignity, personal liberty, fair hearing, and freedom of movement.

Hence, no date has been fixed for the hearing of the case. Justice Bogoro adjourned further hearing in the suit till May 21, 2024.

A Federal High Court sitting at Ikoyi Lagos has adjourned the hearing of all pending applications in the N50 billion suit, filed by the former Group Managing Director (GMD) of the defunct Intercontinental Bank Plc, Erastus Akingbola till June 26, 2024.

Justice Kehinde O. Ogundare initially, had fixed last Friday for the hearing of all pending applications, after he had dismissed the application for joinder filed by Access Bank Plc.

However, at the resumption of proceedings last Friday, Access Bank Plc through its lawyer, I. S. Afolabi, urged the court to stay proceedings in the matter, as his client had filed a notice of appeal before the Lagos division of the Court of Appeal, seeking to upturn the decision of the lower court, which dismissed its application for joinder.

Afolabi however, informed the court that an appeal had not been entered.

He therefore urged the court to hear his application, which sought to stay proceedings in the matter till the appeal is entered and determined.

In response to Access Bank’s application for stay, Akingbola’s lawyer, Osibanjo, informed the court that the application referred to by Access Bank, was served to him on Tuesday and that he is still within time to respond.

Osibanjo also informed the court that this particular proceeding, was to hear the Central Bank of Nigeria (CBN) and its Governor, challenging the court’s jurisdiction.

CBN’s lawyer, however, informed the court that he is not opposed to the hearing of the preliminary objection but in the light of the appeal filed by Access Bank, the court.

Also, the lawyer to the CBN Governor, informed the court that he was ready to move his application dated and filed on February 5, 2024, challenging the court’s jurisdiction.

Based on the submissions of the counsels, Justice Ogundare, adjourned the matter to June 24, 2024, based his attention has just been drawn to the applicant filed by Access Bank Plc.

Akingbola had instituted the suit marked FHC/L/CS/903/2009, which is seeking judicial review of the order made on August 14, 2009, by the Governor of the Central Bank of Nigeria (CBN), which removed him as the Group Chief Executive Officer of the defunct Intercontinental Bank Plc.

Akingbola is specifically seeking the following reliefs against the CBN and its governor: “an order setting aside, vacating, nullifying and quashing the order of the first respondent appointing Mr. Joseph Olushola Ajewole and Mr, Lai Alabi, or any other person whosoever, as Acting Deputy Managing Director and Managing Director, respectively, of Intercontinental Bank Plc;

“An order setting aside, vacating, quashing, and nullifying the Order dated 14/8/2009, made against the Applicant by the first respondent, on behalf of the second respondent, to wit: “removing him as an officer cum Chief Executive of Intercontinental Bank Plc, effective immediately from the date of the Order. And removing him as a director of Intercontinental Bank Plc, effective immediately from the date of the order.

“An order of certiorari quashing the said Order of the first respondent made against him, for not being in good faith, contrary to due process of law, discriminatory, ultra vires, illegal, unconstitutional, null and void.

“An order of the Court reinstating him to his lawful position as the Group Chief Executive and Managing Director of Intercontinental Bank plc;

“An order of perpetual Injunction restraining the respondents, their officers, servants, agents, privies, assigns or any other persons deriving their authorities in any way whatsoever from the respondents, from unlawfully interfering, harassing, victimizing or disturbing the applicant, in any way whatsoever, from the execution of his lawful duties as the Group Chief Executive and a Director of Intercontinental Bank Plc, and from stopping in any way, whatsoever, the benefits, privileged or perquisites enuring to the applicant by his aforesaid office;

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“The sum of N50 billion, as exemplary damages against the respondents, jointly and severally.”

However, the CBN Governor and the apex bank in their preliminary objections dates and filed on August 25, 2009, asked the court to dismiss the suit or alternatively to strike out the suit.

The respondents also asked the court for an order to set aside leave to commence the action. And an order that leaves to serve by substituted service and service thereby be set aside.

The respondents listed the following grounds for the orders sought: “that the Court is coram no judice; and if not,

“That the Court should decline to exercise its jurisdiction on the matter. That the applicant lacks locus standi to institute or maintain the action against the first respondent; (and if he has standing to sue).

“That the applicant has no cause of action; (and if at al). And that the applicant has no right of action to maintain the proceedings, and that it will neither be just nor convenient to grant any declaration or injunction in this matter.”

The High Court of Justice in Niger State has dismissed a defamation suit filed by Mohammed Madami Etsu, the Executive Chairman of the Niger State Internal Revenue Service, against The Nation Newspaper and its Niger state correspondent, Justina Asishana.

In his suit, Etsu claimed that a publication by the defendants on November 5, 2022, titled “Flood of financial misappropriation hits Niger Revenue Service” was libelous and damaged his reputation.

He sought damages and an injunction restraining the defendants from further publication.

In his judgment delivered on Tuesday, March 26, 2024, Justice Mohammed Mohammed of Minna High Court 4, ruled that the defendants’ publication was based on a petition written against the plaintiff by Nuhu Edah of Success Chambers, and as such, the defendants were protected by the doctrine of qualified privilege.

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The judge held that the defendants, as a media house and journalist, had a legal and social duty to report matters of public interest, which the petition against the plaintiff fell under.

 He further noted that the plaintiff failed to join Nuhu Edah, the author of the petition, as a defendant in the suit. The court further held that the defendants took reasonable steps to verify the authenticity of the petition and were entitled to qualified privilege.

The court dismissed the plaintiff’s claims in their entirety with a cost of N500,000 against the plaintiff and in favour of the defendants.

Reacting to the judgment, the Niger state correspondent, Justina Asishana expressed satisfaction with the court’s decision, stating that The Nation newspaper remained committed to responsible journalism and reporting in the public interest.

“We are pleased that the court has recognized the importance of press freedom and the media’s role in informing the public about matters of public concern. This judgment is a victory for journalism and the principle of qualified privilege.”

The Federal High Court sitting in Abuja has vacated an ex-parte order secured on January 31st by the Inspector-General of Police declaring the Chief of Staff, Rivers State Government House, Edison Ehie, wanted.

The court set aside the order while ruling on a motion on notice brought by Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter named as 2nd to 6th defendants challenging the order that declared them alongside Ehie.

The respondents/applicants had approached the court praying an order setting aside the ex-parte order made on the 31st of January for want of jurisdiction.

“An order staying the execution of the order made on the 31st of January pending the determination of the application”.

Among the grounds of the application, the respondents/applicants argued that the complainant/respondent had not filed any charge or motion on notice before honourable court.

They further posited that the complainant/respondent did not file any criminal charge in the court and that the court lacked the territorial jurisdiction to entertain the application ex-parte as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, Rivers State.

The court in a copy of its ruling dated April 29th and delivered by Justice Emeka Nwite, granted the prayers of the respondents/applicants and stayed the execution of the order pending the determination of the motion on notice.

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Nwite said: “I agree with the submission of the learned counsel to the second and 6th respondents that since the honourable court is not par of police investigation, it’s power to grant an application for the arrest of a person is limited to appending criminal case.

“Since the respondent did not file any charge before the honourable court, the application for the arrest of the applicants and to have them declared wanted is illegal, null and void hence on this ground alone, the order made by the honourable court on the 31st day of January, 2024 is hereby set aside”.

The judge also affirmed that the court lacked the jurisdiction to grant the ex-parte order that declared Edison and others wanted on alleged case of felony, conspiracy and murder.

Relying on some judicial precedents, the judge said: “It is obvious that a court is not functus Officio in setting aside an order, which is made without jurisdiction.

‘I sum, I am of the humble view and I so hold that the order made by this honourable court on the 31st day of January 2024 for the warrant of arrest of the applicants and to have them declared wanted is made without jurisdiction and same is hereby set aside.