Tag: Court

A Federal High Court in Abuja has fixed May 22 for hearing in a suit seeking to stop the Rivers state government from withholding the financial allocations of the state’s  Local Government Areas (LGAs).

Justice James Omotosho chose the date to enable parties already served with the court’s documents to file their responses.

Justice Omotosho directed the plaintiffs to serve the defendants who are not yet served with court documents.

The suit, marked: FHC/ABJ/CS/537/2024 was filed by all the 42 LGA Chairmen in Rivers State.

Listed as defendants are the Inspector General of Police (IGP),  Commissioner of Police (CP) Rivers, Director General (DG), Department of State Services (DSS), Director DSS Rivers, the Attorney-General of the Federation (AGF), Chairman Revenue Mobilization Allocation and Fiscal Commission (RMAFC), Rivers State Government, AG Rivers State and Finance Commissioner in Rivers.

Justice Omotosho, while ruling on an ex-parte motion on April 25 ordered parties to maintain status quo pending the determination of a motion on notice for injunctions.

The judge declined to issue an interim order against the Rivers State government and other respondents as sought by the plaintiffs.

Justice Omotosho, who ordered the plaintiffs to put the respondents on notice however, ordered all parties to maintain status quo and fixed hearing in the matter for May 2.

When parties got to court on Thursday, the IGP; the DG, DSS and the Chairman RMAFC were not represented.

Lawyers to the other defendants , who were in court, acknowledged service and asked for time to respond, arguing that they were still within time to file their responses.

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When asked by the judge if they were equally served with the court’s order of April 25 directing all parties to maintain status quo, all but, lawyer to AGF admitted service.

Justice Omotosho proceeded to explain why he declined to grant the interim order sought by the plaintiffs in their motion ex-parte, 

He said after lawyer to the plaintiffs Clement Ijom stated that the salaries of teachers, primary health workers and other local government staff depend on the allocation, he then ordered parties to maintain status quo pending the hearing and determination of the motion on notice for injunctions.

The judge then ordered the respondents to file their responses and directed that service be effected on the remaining respondents.

A Federal High Court in Abuja has fixed further hearing for May 27 in the trial of Ali Bello, the Chief of Staff to Kogi state governor, Usman Ododo, and three others over alleged money laundering.

Justice Obiora Egwuatu chose the date on Thursday after the prosecution’s second witness (PW2),  Olomotane Egoro concluded his evidence-in-chief.

Led in evidence by prosecuting lawyer, Rotimi Oyedepo (SAN), Egoro, an official of Access Bank, tendered some bank statements.

The statements tendered include those relating to the accounts of Keyless Nature Limited, Fasab Business Enterprise, and Ari Consulting and Integrated Limited.

The witness spoke about cash lodgments from 14 Local Government Areas of Kogi State into the companies’ accounts.

Egoro did not state the purpose for which the lodgments were made. He also spoke about withdrawals from the accounts.

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He said lodgments and withdrawals were made between 2017 and 2022.

At the conclusion of the witness’ testimony, the lawyer to Bello, Abubakar Aliyu (SAN) sought an adjournment to enable him to cross-examine the second prosecution witness.

Oyedepo and Nureini Jimoh (for the other defendants) did not object to an adjournment.

Upon the agreement of lawyers to the parties, Justice Egwuatu adjourned till May 27.

A Federal High Court in Abuja has struck out two suits seeking the nullification of the ward congresses held by the Peoples Democratic Party (PDP) in Edo State on February 4.

Justice Inyang Okoro, in two judgments yesterday, held that the plaintiffs lacked the required locus standi to file the suits.

The first suit, marked: FHC/ABJ/CS/195/2024, was filed by Adizetu Hadiza Umoru. The second, marked: FHC/ABJ/CS/196/2024, was filed by Moses Ademola Alabi and Christopher Ebode Oboarer.

Defendants in both suits are: Independent National Electoral Commission (INEC), PDP, acting National Chairman of PDP, Umar Damagu; former acting National Secretary, Setonji Koshoedo; PDP’s National Working Committee (NWC) and the party’s National Executive Committee (NEC).

Justice Ekwo upheld the preliminary objections raised against both suits by lawyers to the defendants, including Akinlolu Kehinde (SAN), who represented Damagu and Koshoedo.

Justice Ekwo held that plaintiffs did not show how their personal interests were affected by the conduct of the ward congresses, which nullification they sought.

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In the judgment in the case by Alabi and Oboarer, Justice Ekwo said: “It was expected of the plaintiffs to demonstrate their interest in nullifying the said second defendant’s (PDP’s) ward congresses held on February 4, with some form of concrete evidence of such interest at least donated by law.

“Locus standi is not donated by perceived, but tangible interest. It is not conferred by legal submission, but by actual right.

“The plaintiffs’ mere response to the preliminary objection of the first  defendant (INEC);that they are active members of the second defendant (PDP), who are aggrieved with the wrong conduct of their political party, is not a satisfactory demonstration of sufficient, direct and personal interest in the subject matter of this suit.

“Equally, the response of the plaintiffs to the submission of the fifth and sixth defendants (PDP’s NWC and NEC) on the issue, by saying that it is indisputable that the plaintiffs are active members of the second defendant and by implication, its actions and inactions will affect the plaintiffs, sounds lame and demonstrates lack of understanding of the plaintiffs of what locus standi really is.

“As it is, the plaintiffs have failed to demonstrate to this court, their respective stake in the second defendant’s ward congresses held on February 4, where there is no evidence that they took part therein and stake in the judgment of this delivered on January 9, 2024 in FHC/AB)/CS/1580/2023 between Hon. Geoffrey Ihentuge and another v. PDP and four others, when they were neither parties nor beneficiaries thereof,” the judge said.

Justice Ekwo added that none of the judicial authorities cited and relied upon by the plaintiffs said  locus stand could be interpreted to confer universal or unlimited access to the court by persons claiming remote right to seek relief or remedy.

“On the whole, I find that the plaintiffs have no locus standi to initiate and maintain this suit, and I so hold,” the judge said and proceeded to strike out the suit.

Justice Ekwo reached similar conclusion in the second suit filed by Umoru.

Alabi and Oboarer had prayed the court to, among others, issue an order setting aside the letter dated February 1, 2024 issued and endorsed by the third and fourth defendants and the ward congresses conducted on February 4, 2024.

They also sought an order setting aside or invalidating any actions or steps, including the ward congresses conducted by the second to sixth defendants and/or the first defendant (INEC) pursuant to or in consequence of the letter titled: “Re-Notice of gubernatorial primary elections in Edo State,” dated February 1, 2024 issued and/or endorsed by the third and fourth defendants.

They prayed for an injunction restraining the second to the sixth defendants from further issuing any letter or correspondence with the name and or signature of the 4th defendant as Acting National Secretary.

The plaintiff sought an injunction prohibiting  Koshoedo from further parading himself and or to sign any letter or notice of the second defendant (PDP) as its Acting National Secretary.

A Federal High Court in Abuja has struck out two suits seeking the nullification of the ward congresses held by the Peoples Democratic Party (PDP) in Edo State on February 4, 2024.

Justice Inyang Okoro, in two separate judgments on Tuesday, held that the plaintiffs lacked the required locus standi to filed the suits.

The first suit, marked: FHC/ABJ/CS/195/2024, filed by Adizetu Hadiza Umoru. The second, marked: FHC/ABJ/CS/196/2024 filed by Moses Ademola Alabi and Christopher Ebode Oboarer

Defendants in both suits are: The Independent National Electoral Commission (INEC), the PDP; acting National Chairman of the PDP, Umar Damagu; former acting National Secretary, Setonji Koshoedo; PDP’s National Working Committee (NWC);and the party’s National Executive Committee (NEC).

Justice Ekwo upheld the preliminary objections raised against both suits by lawyers to the defendants, including Akinlolu Kehinde (SAN), who represented Damagu and  Koshoedo.

Justice Ekwo held that plaintiffs did not show how their personal interests were affected by the conduct of the ward congresses, which nullification they sought.

In the judgment in the case by Alabi and Oboarer, Justice Ekwo said: “It was expected of the plaintiffs to demonstrate their interest In nullifying the said second defendant’s (PDP’s) ward congresses held on 4th February, 2024 with some form of concrete evidence of such interest at least donated by law. 

“Locus standi is not donated by perceived, but tangible interest. It is not conferred by legal submission, but by actual right. 

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“The plaintiffs’ mere response to the preliminary objection of the first  defendant (INEC);that they are active members of the second defendant (PDP), who are aggrieved with the wrong conduct of their political party, is not a satisfactory demonstration of sufficient, direct and personal interest in the subject matter of this suit.

“Equally, the response of the plaintiffs to the submission of the fifth and sixth defendants (PDP’s NWC and NEC) on the issue, by saying that it is indisputable that the plaintiffs are active members of the second defendant and by implication, its actions and inactions will affect the plaintiffs, sounds lame and demonstrates lack of understanding of the plaintiffs of what locus standi really is. 

“As it is, the plaintiffs have failed to demonstrate to this court, their respective stake in the second defendant’s ward congresses held on 4th February, 2024 where there is no evidence that they took part therein and stake in the judgement of this delivered on the  9th January, 2024 in FHC/AB)/CS/1580/2023 between Hon. Geoffrey Ihentuge and another v. POP and four others, when they were neither parties nor beneficiaries thereof,” the judge said. 

Justice Ekwo added that none of the judicial authorities cited and relied upon by the plaintiffs said  locus stand could be interpreted to confer universal or unlimited access to the court by persons claiming remote right to seek relief or remedy.

“On the whole, I find that the plaintiffs have no locus standi to initiate and maintain this suit, and I so hold,” the judge said and proceeded to strike the suit.

Justice reached similar conclusion in the second suit filed by Umoru.

Alabi and Oboarer had prayed the court to, among others, issue an order setting aside the letter dated February 1, 2024 issued and endorsed by yh third and fourth defendants and the ward congresses conducted on February 4, 2024.

They also sought an order setting aside or invalidating any actions or steps, including the ward congresses conducted by the second to sixth defendants and/or the first defendant (INEC) pursuant to or in consequence of the letter titled: “Re-Notice of gubernatorial primary elections in Edo State,”  dated February 1, 2024 issued and/or endorsed by the third and fourth defendants.

They prayed for an injection restraining the second to the sixth defendants from further issuing any letter or correspondence with the name and or signature of the 4th defendant as Acting National Secretary. 

The plaintiff sought an injunction prohibiting  Koshoedo l from further parading himself and or to sign any letter or notice of the second defendant (PDP) as its Acting National Secretary.

Justice Adenike Coker of an Ikeja High Court has issued a bench warrant for the arrest of an alleged land grabber, Moroof Owonla, a.k.a. Kaka Moroof and others over their continued absence in court in an ongoing alleged felony trial filed against them.

The matter has suffered several adjournments due to the absence of the defendants in court.

The Director of the Directorate of Public Prosecution (DPP), Dr. Babajide Martins had filed an eight-count charge offence against Moroof Owonla, Olu-Aminu Yemisi Abdulaziz, and Ganiyu Aminu over an alleged conspiracy to commit a felony.

They were accused of alleged forcible entry into a landed property situated at No 34, Faguson Osagie Street, Ayobo, Ipaja.

The defendants were alleged to have, with thugs, invaded the hotel (property) with the intent to deprive a businessman, Hassan Alli of his property.

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They were alleged to have carted away building materials valued over N32 million naira.

Justice Coker during the last proceeding, had ordered their counsel to produce the defendants for arraignment in the court, failing which the court shall be inclined to accede to the prayer of the complainant’s counsel for a bench warrant against them.

However, at the resumed hearing yesterday, counsel from the office of the DPP, Ms T. O. Adeyegbe told the court that the Attorney-General and Commissioner for Justice, Mr. Lawal Pedro (SAN) had directed the matter be forwarded to Restorative Justice to see if a resolution can be achieved.

Responding to her submission, the complainant’s counsel, Imran Shitta-Bey informed the court that on January 17, the complainant received a letter from the Attorney General to attend an Alternative Dispute Resolutions (ADR) meeting.

Shitta-Bey said the complainant was surprised to see the fugitive defendants, Moroof Owonla and others in attendance.

He said their presence at the ADR meeting was an indication that the DPP knows how to invite and present the defendants for trial.

Shitta-bey stated that the complainant is of the view that the defendants are disrespectful of the court, having refused to come to court to take their plea and were able to attend ADR.

He noted that their non-appearance is deliberate.

He therefore prayed to the court for a bench warrant of arrest against the defendants.

Justice Coker granted the prayer and issued a bench warrant against the defendants.

He adjourned the matter till May 13 for the arraignment of the defendants.

The DPP legal advice had recommended the trial of the suspected land grabber and others following a diligent investigation carried out by the Police which allegedly indicted the defendants.

Justice Ambrose Allagoa of a Federal High Court in Lagos, on Wednesday, April 24, sentenced two defendants, Moses Ifeuwa and Festus Emeka, to two years imprisonment, over the illegal importation of 1570 firearms.

The convicts were sentenced to two years in prison with an option to pay a sum of N1 million for each of the eight counts, making it N8 million.

The defendants were charged alongside a company named Great James Oil and Gas Ltd.

They were initially charged and had commenced trial in 2018 before Justice Saliu Saidu.

However, Justice Saidu retired from the bench, leading to the reassignment of the case to another judge, Justice Ambrose Allagoa.

The defendants were consequently, re-arraigned in 2021 before Justice Allagoa on an eight counts charge bordering on illegal importation of firearms.

Each of them pleaded not guilty to the charge.

The prosecution then opened its case and began trial, but the defendants subsequently, opted for a plea bargain with the office of the Attorney General.

The court had consequently, convicted the defendants and adjourned sentence for April 24.

When the case was called on Wednesday, Mrs Aderonke Imana announced an appearance for the prosecution, Mr Alpheus Ifeanyi appeared for the first defendant and Mr Yakubu Galadima appeared for the second defendant.

Counsel to the second defendant, Mr. Galadima, informed the court that the defendants had been in custody for about three years before bail and prayed the court to consider the fact. 

While delivering the judgment, Justice Allagoa gave effect to the plea bargain agreement reached between the prosecution and defence.

The court held that in such a situation, the court is to take into consideration the provisions of the Administration of Criminal Justice Act (ACJA), and should not impose the maximum sentence on the defendants, or impose consecutive sentences.

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Justice Allagoa held: “The defendants are sentenced to two years imprisonment or an option of N8 million fine, each count costing N1 million. The sentence shall run concurrently.”

According to the charge, the defendants were alleged to have conspired among themselves to unlawfully import a total of 1570 pump action rifles into Nigeria.

They were also alleged to have loaded the said rifles in two 1× 20 feet containers as well as forged a bill of lading.

The offence contravenes the provisions of Section 1(14)(a), 1(14)(a)(i), 1(2)(c)  and 3(6), of the Miscellaneous Offences Act Cap. M17, Law of the Federation 2004.