Tag: Court

  • APC’s Adebule floors PDP at Appeal Court 

    APC’s Adebule floors PDP at Appeal Court 

    The Court of Appeal sitting in Abuja has affirmed the election of former Lagos State Deputy Governor, Dr. Adebule Idiat Oluranti, as the validly elected senator representing Lagos West Senatorial District at the National Assembly.

    According to a statement by Dr. Adebule’s media team, a three-man panel of the court, in a unanimous decision, dismissed a petition by the Peoples Democratic Party (PDP) and its candidate, Adewale Adesegun Sunday aka Aeroland, challenging Adebule’s victory.

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    The appellate court upheld the August 8, 2023 judgment of the National and State House of Assembly Election Petition Tribunal sitting in Lagos that dismissed Adewale’s petition seeking to nullify Adebule’s win in the February 25 senatorial election.

    Adebule polled 361,296 votes to defeat Adewale, who got 248,653 votes in the election.

  • From the Bishops’ court!

    Their Lordships had hardly finished delivering the judgment when the comments started flying. Suddenly, everybody was talking law. It was no longer the exclusive preserve of lawyers. Expectedly, the petitioners and their lawyers were the first to fire salvoes. Right from inside the court, the lawyers made known their dissatisfaction with the verdict. They wasted no time on niceties as one of them, Chris Uche (SAN), stood up to ask for a copy of the judgment.

    He shunned the decorum of first commending their Lordships for a job well done, even if they did not, before making the request. He spoke in a bland tone. When the Presiding Justice Haruna Tsammani tried to draw him out by cracking jokes, the senior lawyer did not respond. One of his colleagues on the other side, however, followed tradition by praising the justices for doing a good job.

    But their Lordships were in a hurry to call it a day after the exhaustive session.  For over 12 hours, the Justices sat, breaking for only 15 minutes. It was the second longest verdict to be given in the nation’s history. The first, according to renowned judiciary reporter, Richard Akinnola, who should know, was the famous treason trial verdict of Chief Obafemi Awolowo in 1963. In the heat of the comments by experts and laymen, another issue came up. It was a non-issue, but the petitioners tried to make a mountain out of a molehill.

    After collecting a certified true copy (CTC) of the judgment, President Bola Tinubu’s lawyers scanned and watermarked their copy before circulating it. That was all the petitioners needed to allege that the judgment was not written by the Presidential Election Petitions Court (PEPC). Why will any sane mind think that of their Lordships? Well, this has been the stock-in-trade of the petitioners and their supporters since the February 25 presidential poll.  

    If the social media crowd and the hangers-on of Labour Party’s Peter Obi and Atiku Abubakar of the Peoples Democratic Party (PDP) are that mischievous, should priests, who are perceived as God’s elect not know better?  Priests are no just anybody; they are men with divine inspiration who are expected to lead others along the right path. The last elections revealed the true colour of many of these so-called men of God, who have turned to gods of men.

    Their sheep call them ‘daddy’, but they do not act like one. The daddy tag comes at a price – a priest is a father to all and must not discriminate among any of his children. Sadly, these priests are dividers and not unifiers. Whether of the Pentecostal or the Orthodox faith, they are the same. They have brought priesthood to a low, making themselves subjects of ridicule. The public has lost its respect for them.

    Read Also: Lagos West: APC’s Adebule floors Aeroland at Appeal Court

    Instead of being sober, they have embraced vulgarity. This may be why the church and state were at loggerheads in medieval Rome. Their Lords Spiritual would rather play politics instead of feeding God’s lambs, which is their primary assignment. Many members of their flock have gone astray today because of their flamboyant lifestyle. The last elections exposed them for who they are. They openly flirted with Obi. His loss was a big blow to them and their woes were compounded by the PEPC verdict.

    Certain matters are beyond their ken, but they are not ready to let go. It is expected that when priests speak on politics, it will be to help move the country forward and not to heighten tension. But no, that is not their way. At the opening of the Catholic Bishops’ Conference of Nigeria (CBCN), its president, Archbishop Lucius Ugorji, berated the PEPC. According to him, the court’s position on the electoral umpire’s failure to upload some results of the presidential election on the IReV portal in real time suggested that it was wrong to expect the agency to keep its promise to do so or obey its guidelines on transmitting results electronically.

    Ugorji may be ‘My Lord Spiritual’, that does make him a judge in the mould of their Lords, Justices of PEPC. Has he read what their Lorships said on results transmission? There is no law that says results must be electronically transmitted. It is an option which INEC can adopt, if the means are available. If unavailable, results can be manually transmitted. What is a guideline to the electoral law? They are incomparable. A law carries the force of legislation by a properly constituted parliament, a guideline does not have such weight. Ugorji should know better. He should not criticise their Lorships for criticism’s sake. Did they follow the law? Yes, they did. So, Ugorji erred.

    The bishops cannot hold court over the PEPC verdict. They are priests with their duties cut out for them. If they wish to engage in politics, they know what they do. They cannot seek to play politics in cassock through the backdoor. We have had many priest-politicians in the past. We also have one in this dispensation, who is a governor and a Catholic like them. Priests should always refrain from remarks capable of questioning their integrity and pitting them against the government. That is my piece of advice to them. They are at liberty to accept or reject it.

    It also does not lie in Ugorji’s mouth to tell the Supreme Court not to ‘’neither bend the law nor seek to satisfy the whims and caprices of any party…’’ His insinuation is not lost on political watchers. Is he saying that the PEPC bent the law…?  Does he have any proof? Would he have said the same thing if the court had ruled in Obi’s favour? In times like these, certain people, especially priests, should be mindful of their words, for we never know which angel may be passing by.   

  • Six suspected  robbers, others remanded in court

    Six suspected robbers, others remanded in court

    A Makurdi Magistrates’ court, yesterday remanded six persons for alleged robbery, kidnapping, cultism, terrorism, and attempted homicide.

    The Magistrate, Mrs. Adah Jack, did not take their pleas for want of jurisdiction.

    Jack ordered that they be remanded at Makurdi Correctional Centre pending investigation, and adjourned till October 10.

    Prosecutor, Insp. Regina Ishaya, had told the court the defendants were arrested following intelligence by men of Operation Zenda, JTF.

    “This information was gathered from Department of State Services (DSS, that members of a robbery syndicate, terrorising residents of Kighir and Adeka, were sighted in the area,” Ishaya said.

    She said the team, led by Insp. Audu Ogbeche, had on different occasions, stormed their hideout in Adeka, Kighir and Kanshio, in Makurdi.

    The prosecutor alleged on sighting the operatives, the suspects opened fire.

    According to her, Teryima Jude was arrested with his gang members; Tersoo Gowon, aka General, Atseriyol Ikya, Maker Dzungwenen, Terver Iortimber and Gowon Akatakpo, the blacksmith who services their weapons.

    Read Also: Appeal Court upholds Eshinlokun’s election

    Ishaya said some victims identified them, while others confessed to belonging to Junior Vickings Confraternity (JVC).

    She said items recovered from the suspects included one single barrel gun, two locally made pistols, five live cartridges, four expanded empty shells of cartridges, assorted criminal charms, two dane guns, and one red beret of the JVC cult.

    The prosecutor added that investigations were still ongoing, and asked the court for an adjournment.

    She said the offences contravened the Robbery and Firearms Special Prohibition Act 2004.

    “And hostage taking, kidnapping, secret cult membership and similar activities, contravene the Prohibition Laws of Benue State 2017, and Section 230 of the Penal Code, Laws of Benue State 2004. (NAN)

  • Court and conmen

    Court and conmen

    Ghost tsetse flies yielded their toxins to the court air. It infected young and old, big heads and small, politicians and lawyers, snoring SANs, governors and ministers, shut-eyed journalists. They turned heads clockwise and the other way. Their minds clocked out. Some nodded for stress out of stress. The most comic stiffened ramrod, eyes closed, heads immobile, like some sort of electrocuted zombies. Absent Obi. Absent Atiku. We were deprived the chance to know how they dozed. Vice President Kashim Shettima did not oblige the toxins, his eyes flapping and basking in their victory laps.

    But afterwards, Atiku’s and Obi’s eyes trembled with fury at the judiciary. Apparently hurt, they are hurtling to the Supreme Court. They may have to explain what the tribunal said about their con games. The judges said the petitioners gave promise without premise, advanced premise without evidence, evidence that stretched credibility, facts without figures, names without places, identities without names. They accused the president about certificate but presented a witness as expert without a certificate, and a copycat mathematician. How do you expect a primary to pick a vice president when the law did not say that. Was that not puerile. How do you want to make Abuja citizens democratic royalty? It makes their 25 percent into 100 percent if you could win 36 states and lose but fall short of 25 percent in FCT.

    What was the point of saying you had charts and tables attached but they were nowhere in sight? Why say votes were inflated and you had no figures? No mathematical explanation. No addition or subtraction. How did they want the judges to know? How did you present somebody as Amazon expert only for the fellow to have no letter of employment? What of the fellow who came as polling agent and said he visited about 20 polling units after results were computed at his own. So, he stopped time like the Old Testament miracle in the 20 polling units so he could visit them one after the other?

    You say polling units suffered irregularities without naming them. How do you turn hearsay into facts. You have three weeks to get your witnesses together, and you fail. When the proceedings are in full steam, you smuggle them in. Is that judicial 419?

    In trying to prove rigging, they revealed themselves as riggers, and what amateurs at the game! All eyes on the riggers. Obi deployed a phrase, “coterminous with justice.” The word simply means sharing a common boundary. Coterminous is not synonymous. If Obi wanted coterminous, it won’t help him. A neighbour is no resident. I wonder who the speech writer was.

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    The frauds are shouting fraud in court. Before the polls, the Labour Party acknowledged it did not have polling agents in wide swaths of the country. So how was it going to prove fraud in those areas? It must only depend on imagination. If Einstein said “imagination is more important than knowledge,” he did not mean fiction, he being a scientist himself. He meant imagination enriches knowledge. Knowledge precedes imagination. Hence, the Poet Shelley called for powers to imagine what we know. Elupee did not know. It merely imagined votes. That breeds fiction.  To bring fiction to court is fraud.

    As for Atiku and PDP, they had the resources and personnel to deploy agents in all the over 700k polling units. As veterans of elections, you do not only prepare for polls but also after. The big parties prepare funds to tackle post-election challenges, including funds to pay lawyers. With all the agents across the country, how could you not within a week get all the voting documents together and sort out discrepancies and inconsistencies?

    The PDP elite  know the facts from their agents. The facts disappointed them because they lost. Hence, they sought a crooked way out: exploit SANs to dazzle the bench. Their quest for IREV and electronic transmission is red herring. Is IREV not based on concrete voting and the forms filled by their agents? Is that not why the electoral law states that the INEC should choose its own options for releasing the results?

    The so-called Obidients set up an online portal to collate in real time the results of the polls across the country. When the numbers favoured Tinubu, they shut down immediately. Let them deny it.

    Lawyers who say it is impossible to prove a presidential case, deny history. It was done in a number of states in this republic. Have we forgotten how Kayode Fayemi, Rauf Aregbesola, Adams Oshiomhole and Olusegun Mimiko became governors? There was mathematical with forensic rigour. They sifted polling unit after polling unit. Additions and subtraction yielded numbers that judges could assess. It was their agents who made the forms and facts available. If we can do it in states, why not extend it nationwide? And they predated the age of IREV and digital speed. This essayist did minus and additions of Ekiti polls on this page and some accused me of prejudging the case, or taking the wind out of the prosecution. In the same way, some people wondered over my last week’s essay if I knew the verdict beforehand. They are venting their frustrations. I knew nothing better than the average Nigerian.

    I followed the proceedings that hollowed out Obi and Atiku. The obidients cut clips and video vignettes out of context and fed their folks. So, they raised hopes based on nothing.  They erected their own echo chambers.

    I also pity the greed of its lawyers who flatter the secret hopes of Obi and Atiku, especially Atiku. One of the petitioners’ lawyers was copiously quoted in court. Did he feel flattered or chastened? He had warned in his book that a lawyer must follow all the rules, including amassing all documents within time. The judges mocked him for not abiding by his own precept. Remember Isaiah, “precept upon precept, line upon line, here a little, there a little.” The scripture was teaching how we should be faithful to our written word.

    It is lawyers like those of the petitioners that prompted Shakespeare’s character with the madcap name Dick the Butcher in Henry the VI to say, “the first thing we do, let’s kill the lawyers.” The bard meant it in irony. But the point has never been lost on those who loath legal shysters. Jesus did not mince words when he proclaimed, “Woe unto you, Lawyers, for you have taken away the key of knowledge.” We know some SANs who make a case for one politician and take the opposite position for another. It is Janus-faced.

    Obi knows he can’t win in court. He is keeping the hopes of his rabid folks on the burner. He needs the movement. They fetishise his name and hallow his halo. He enjoys the idolatry. Obi cons his folks that he is selling democracy but he is retailing his own ego and ambition. Give him some credit. He speaks with practised charm, even if he could not transport his razzmatazz to the court. False stats about China cannot prove you won a polling booth. Such folksy bravura has its limits.

    During the campaigns, Obidients were told, including on this page, they were Tinubu’s ticket to victory but they jeered. Obi was APC’s hero. Ross Perot’s followers gifted Clinton the same grace against George Bush. Bush never forgave the billionaire with a southern twang. I likened the Obidients to Asahel’s folly in the Bible who ran, like Fela’s joro jara joro, without looking left or right in spite of warning until he rammed into his death.

    The same thing took them to court. They wanted to translate social media delusions into electoral truth. As Apostle noted, they are “ever learning but never coming to the knowledge of the truth.”

  • Lagos Central: Appeal Court affirms APC’s Eshinlokun-Sanni’s election

    Lagos Central: Appeal Court affirms APC’s Eshinlokun-Sanni’s election

    The Court of Appeal in Abuja has affirmed the election of Senator Wasiu Eshinlokun-Sanni of the All Progressives Congress (APC) for the Lagos Central senatorial seat.

    A three-member panel, led by Obande Ogbuinya, in a judgment on Saturday, upheld that argument by Eshilokun-Sanni’s lawyer, Wahab Shittu (SAN) and dismiss the appeal filed by Francis Adewale Gomez of the Peoples Democratic Party (PDP).

    The judgment was on the appeal marked: CA/EPT/LA/SEN/05/2023, with the Independent National Electoral Commission (INEC), Eshilokun-Sanni and the APC listed as respondents.

    The Court of Appeal held that the pre-hearing notice issued by Gomez was not in compliance with the provision of Paragraph 18 of the 1st Schedule to the Electoral Act 2022.

    It also held that the trial tribunal acted lawfully when it dismissed Gomez’s petition on the grounds that it was abandoned because the pre-hearing notice was not properly issued.

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    The appellate court noted that the word “shall” in Paragraph 18 of the 1st Schedule to the Electoral Act connotes mandatory compliance when making application for pre- hearing notice under the Electoral Act, 2022.

    It added that pre-hearing notice, which was issued contrary to Paragraph 18 of the 1st Schedule to the Electoral Act is premature and incompetent.

    The appellate court faulted the appellant’s contention that Eshinlokun-Sanni and the APC lacked the locus standi to challenge service on INEC.

    It held that the trial tribunal was correct in law not to have reserved ruling till final judgment on the application by the respondents, seeking that dismissal the petition.

    The appellate court proceeded to dismiss the appeal and affirmed the earlier decision of the trial tribunal.

    INEC had declared Eshinlokun-Sanni the winner of the senatorial election held February 25, a declaration which Gomez challenged before the National and State House of Assembly Election Petitions Tribunal sitting at the Lagos High Court Annex, Tafawa Balewa Square, Lagos.

    In a ruling, the tribunal’s three-member panel tribunal led by Justice Faruku Bunza, dismissed Gomez’s petition on the grounds that it was abandoned, thereby upholding Eshinlokun -Sanni’s election

    It was the tribunal’s decision that Gomez appealed before the Court of Appeal in Abuja, which was dismissed on Saturday.

  • Court bars Gov Adeleke from appointing Osun Poly Rector

    Court bars Gov Adeleke from appointing Osun Poly Rector

    The Lagos Division of the National Industrial Court of Nigeria (NICN) on Friday granted an interim order restraining Osun Governor Ademola Adeleke and 14 others from appointing a Rector for the Osun State Polytechnic, Iree.

    Justice Opeloye Ogunbowale made the order while granting an ex parte motion filed by the suspended Rector of the institution, Dr. Tajudeen Odetayo challenging what he described as his “illegal suspension.”

    Justice Ogunbowale also ordered Governor Adeleke and other respondents to stay further action on the institution, pending hearing of the motion on notice.

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    He directed that a hearing notice be issued to all respondents before the next adjourned date.

    The orders were sequel to a motion ex parte moved by the claimant/applicant’s counsel, Mr. Rasheed Adeniyi Oluwofobi, who prayed the court grant the applications in the interest of justice and public interest.

    In the motion, Dr. Odetayo prayed for an order of interim injunction restraining the defendants/respondents from giving effect to the letter of suspension dated 11th July 2023 and letter of query dated 1st August 2023 given to him.

    Aside from Adeleke, other respondents in the suit marked NICN/OS/37/2023 include the Attorney General and Commissioner for Justice, Osun State, Ministry of Education, Osun State Polytechnic Iree, the Governing Council, OSPOLY.

    They also include the Chief of Staff to Osun State Governor Alhaji Kazeem Akinleye, Mr Alabi Kehinde Adeyemi, Mr. M.A.K. Jimoh, Permanent Secretary, Osun State Ministry of Education & Chairman, Investigative Panel of Enquiry into allegation of Corrupt Practices against the Rector, OSPOLY, Odetayo.

    Others are A. A. Bello, Dr. F. M. Olaoye, Mrs. O. Abioye, Acting Bursar OSPOLY and member of Investigative Panel, S. A. Afolabi, acting Registrar, OSPOLY and Secretary of the panel, Abiodun Oloyede and Mrs T. A. Samuel as first to the 15 respondents respectively.

    “My lord, NICN Rule 2017 stated that common law and equity must be observed. The fact is that the claimant was issued a purported suspension letter dated July 11, 2023, and on August 1, 2023, issued a query, almost a month interval, suspension before query to the applicants my lord,” Olufowobi said.

    Granting the application, Justice Ogunbowale held: “An order of interim injunction restraining the defendants/respondents from taking any further action on the matter or anything relating thereto until the determination of the Motion On Notice is hereby granted.”

    The case resumes on October 10, 2023, for hearing.

  • Court orders tribunal to hear LP’s petition in Delta governorship dispute

    Court orders tribunal to hear LP’s petition in Delta governorship dispute

    The Court of Appeal in Abuja has ordered Delta State Governorship Election Petition Tribunal to hear, on merit, a petition filed by the Labour Party (LP) and its candidate in the last election, Ken Pela, challenging the election of Sheriff Oborevwori of the Peoples Democratic Party (PDP).

    A three-member panel of the appellate court held, in a judgment yesterday, that, as against the finding of the tribunal, Pela and his party did not abandon their petition.

    The court then remitted the petition back to the tribunal for hearing within the time stipulated in the Electoral Act.

    The judgment was on the appeal filed by Pela and his party against the Independent National Electoral Commission (INEC) and six others.

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    LP’s Pela, who came third behind Oborevwori and Senator Ovie Omo-Agege of the All Progressives Congress (APC), had challenged the outcome of the election and prayed the tribunal to, among others, void Oborevwori ‘s return as the winner.

    In a judgment on July 6, the tribunal, with Justice C. H. Achuchaogu as the chairman, held that the petition was deemed abandoned on the grounds that the petitioners’ application for pre-hearing session was not properly filed.

    The tribunal proceeded to dismiss it, holding among others that “the petition was incompetent and a flagrant violation of Paragraph 18(1) of the 4th Schedule of the Electoral Act 2023.”

  • Court has dismissed Igwe’s appeal, Abia PDP claims

    Court has dismissed Igwe’s appeal, Abia PDP claims

    The Court of Appeal sitting in Abuja has dismissed the appeal filed by Mr. Okey Igwe challenging the candidacy of Dr. Jasper Uche as the running mate of Sir Okey Ahiwe in the March 2023 governorship election in Abia State.

    The Abia PDP stated this yesterday in a statement by its Vice Chairman/Acting State Publicity Secretary, Abraham Amah.

    Igwe was running mate to the former PDP candidate for the election, the late Prof. Uchenna Ikonne, but lost his candidacy following Ikonne’s death on January 25, 2023.

    Ahiwe, who emerged as the PDP’s guber candidate after a fresh party primary on February 4, nominated Uche as his running mate, rather than Igwe.

    But, aggrieved, Igwe approached the courts seeking to be reinstated as running mate for the poll.

    In the statement, Abia PDP described the appellate court’s decision as a “victory for Abia PDP, Okey Ahiwe and Jasper Uche”.

    It said: “In dismissing the case, the Appeal Court asked Igwe to pay the Abia PDP, Sir Okey Ahiwe and Dr. Jasper Uche, the sum of N500,000 as cost of litigation.

    “The appeal by Okey Igwe followed the judgment of an Abuja High Court which had earlier dismissed Okey Igwe’s suit against the PDP, Ahiwe and Dr. Uche on his substitution as the running mate to the new PDP candidate.”

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    “The victory at the Appeal Court is not only a victory for the parties involved but a victory for the entire Abia PDP, the good people of Abia and for democracy because it shows that the judiciary is still the absolute defender of our democracy.”

    According to Amah, Abia PDP “knows those behind this case in their desperate effort to undermine the value of the Abia PDP petition before the Abia Governorship Election Petition Tribunal.

    “We know that their plans would fail because we have confidence in the ability of the Tribunal to deliver justice.

    “We congratulate the Abia PDP, Sir Okey Ahiwe, Dr. Jasper Uche and all men of goodwill on this important victory at the Court of Appeal.

    “We call on the good people of Abia and the members of the PDP to remain resolute, steadfast and eternally vigilant in our pursuit of justice and democracy.”

  • Court bars firms from accessing N1.37b in 24 banks

    Court bars firms from accessing N1.37b in 24 banks

    Federal High Court sitting in Lagos has granted an interim order of Mareva Injunction restraining Duport Midstream Company Limited, Platform Capital Investment Partners Limited and their Managing Director, Akintoye Akindele from accessing N1,379,400,918 or its equivalent in any currency in 24 banks pending determination of a motion on notice by Union Bank.

     Justice Akintayo Aluko made the order following an application by the bank through its counsel, Temilolu Adamolekun in Suit FHC/L/CS/1709/2023.

     The banks are the fourth to 27th respondents in the case.

    Union Bank alleged the defendants were indebted to it to the tune of N1,379,400,918 as of June 30, “(while interest continues to accrue) under the terms of the facilities granted by the Plaintiff to the first defendant for several purposes as captured on the offer letters.”

     It told the court the defendants used the loan as part of funds to build a modular refinery in Edo State.

     Granting the ex parte application motion, Justice Aluko held: “It is ordered as follows: ‘That an interim order of Mareva Injunction restraining the defendants from dealing with any of the monies standing to their credit in all their accounts, records or howsoever held with the fourth to 27th respondents and their monies standing to their credit in custody of the plaintiff up to the tune of N1,379,400,918 or its equivalence in any foreign currency pending hearing and determination of the motion on notice is hereby granted’.”

     The court further restrained the banks from releasing to the defendants any monies, funds or any other instrument belonging to the defendants, to the tune of N1,379,400,918 or its equivalent in any foreign currency that may be found in their custody.

     It further granted an order directing the banks “to disclose on oath whatever money that may be in their custody belonging to the defendants for further direction of this court is hereby granted.

     “That this case is adjourned to 1September 9  for motion on notice.”

  • Court restrains firm from importing HIV test kit

    Court restrains firm from importing HIV test kit

    The Federal High Court sitting in Lagos has granted an interim order restraining an Ireland-based firm, Abbott Group of companies, from importing Determine HIV Test Kits into the country.

    Justice Akintayo Aluko ruled that the order subsists pending the determination of the application on notice filed by a firm, Acouns Nigeria Ltd.

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    Acouns filed the ex-parte application through its counsel Mofesomo Tayo-Oyetibo of Messrs Tayo Oyetibo LP in Suit FHC/L/CS/1528/2023.

    Tayo-Oyetibo told the court that if Abbott was not restrained, it would continue to import the Determine HIV 1/2 Test kit without Acouns’ consent.