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Tag: Court

  • Court attaches Imo State’s accounts in CBN, 16 other banks over N1.5b debt

    A High Court of the Federal Capital Territory (FCT) in Abuja has ordered the attachment of funds in accounts owned by the Imo State gvernment in the Central Bank of Nigeria (CBN) and 16 other banks over a N1.5 billion debt it owed a firm, E. F. Network Nigeria Limited.

    Justice Bello Kawu gave the order in a motion ex-parte for garnishee order nisi brought by E. F. Network Nigeria Limited and Gideon Egbuchulam.

    The garnishee proceedings was predicated on a March 8, 2019 judgment of the Supreme Court, which ordered the Imo State government to pay E. F. Network and Egbuchulam N1.5 billion as debt arising from the contract executed for the government.

    Justice Kawu ordered that all money held by the state in its accounts with all the listed banks should be attached for the purpose of satisfying the judgment of the Supreme Court delivered on the March 8 (which affirmed the concurrent judgment of the Court of Appeal and the High Court of Imo State).

    The judge gave the banks 14 days to show cause why the garnishee order nisi should not be made absolute in satisfaction of the judgment sum contained in the Supreme Court judgment.

    He adjourned till May 3 for the banks to show cause and for hearing on whether or not the garnishee order should be made.

    The banks listed with the CBN are Access Bank, Zenith Bank, Jaiz Bank, Union Bank, First Bank, U.B.A, Ecobank, Keystone Bank, Diamond Bank, Fidelity Bank, Polaris Bank, GTBank, Stanbic IBTC Bank, Unity Bank, Heritage Bank and FCMB Bank.

    Court documents showed that the Ikedi Ohakim administration in Imo State, which the Rochas Okorocha administration succeeded, had contracted E. F. Network for the implementation of the government’s Clean and Green Initiative, in pursuit of which the firm was awarded a contract to supply 10 million refuse bags and 40,000 plastic rolling containers at N42 per bag and N20 per plastic container.

    By the contract, the Imo State Governor and others, listed as appellants in the appeal, guaranteed payment though an irrevocable mandate of the payment of N35 million monthly to the contractor.

    It was found that after the execution of the contract, the state kept to the agreed schedule of payment for 12 months and subsequently stopped, leaving an outstanding balance estimated at N800 million.

    In a bid to recover its money, the firm sued at the High Court of Imo State, which gave judgment in its favour on February 11, 2014, ordering the defendants to, among others, pay the firm N1 billion, a judgment the Imo State Governor and others appealed up to the Supreme Court and lost on March 8, 2019.

    In its March 8, 2019 judgment, the Supreme Court, beside upholding the N1 billion awarded against the state, which the Court of Appeal affirmed, awarded N500,000 cost against the appellants.

  • Court remands two for ‘robbery’

    A Senior Magistrates’ Court in Port Harcourt, Rivers State, has ordered the remand in prison custody for alleged robbery, of two suspects, Chigozie Uwaechi, 29, and Franklin Emmanuel, 24.
    The duo and others at large allegedly robbed Uto Ware Felix of his Lexus ES300 car with number plate SLK 071 GJ, valued at N1.4 million, while armed with a locally-made pistol and other weapons.
    A document obtained from the court alleged that the suspects also dispossessed their victim of his 40 inches Samsung TV, Samsung A3 phone, Infinix Hot 5 phone, one Boss wristwatch, one Invicta wristwatch and a pair of shoes, all valued at N469,000.
    They allegedly broke into the home of their victim at 12 Road 3 Green Layout, Uzuoba, Port Harcourt at about 1am on November 28 last year while armed with guns and other weapons.
    The two-count charge of armed robbery slammed on them was not read to them; hence they were not allowed to take any plea.
    Magistrate Gomba Osaro ordered that their case file be duplicated and forwarded to the Director of Public Prosecutions (DPP) for legal advice.
    She also ordered that the suspects be remanded in prison custody and adjourned till April 30 for DPP’s advice.

  • Man arraigned over alleged attempt to use girlfriend for rituals

    A 40-year-old businessman, Jide Olayinka, was on Thursday arraigned before an  Iyaganku Chief Magistrates’ Court, Ibadan following an alleged attempt to use his girlfriend for rituals.

    The police charged the accused on a one-count charge of conduct likely to cause breach of peace by rubbing liquid substance on his private part before having sexual intercourse with the defendant.

    The prosecutor, Inspector Shalewa Hammed, told the court that the alleged offence took place on February 14, Valentine’s Day about 10pm at Ayegun Oleyo, area of Orita Challenge, Ibadan.

    Hammed said that the action of the accused caused an acute emaciation of the 33-year-old complainant, Olubunmi Mobinuori.

    The, accused, however, pleaded not guilty to the count charge number MI/414C/2019.

    Olayinka (the accused) told the court that he met his girlfriend through Facebook and they have been having sexual intercourse on different occasions some of which have resulted in him treating sexually transmitted diseases (STD) like syphilis.

    In his ruling, the Chief Magistrate, Oladele Adisa, granted the accused bail in the sum of N25, 000 with one surety in like sum.

    The Magistrate held that the surety must be gainfully employed and must be a taxpayer who is not lower than a level six or seven in the Oyo State Civil Service.

    The Judge, however, adjourned the case till 13th June for hearing.

  • Court remands man for allegedly defiling minor

    An Ikorodu Magistrates’ Court, Lagos, yesterday ordered that a 35-year-old man, Jimoh Musibau, who allegedly defiled a minor, be remanded in prison.

    Musibau is charged with indecent assault.

    Chief Magistrate F.A. Azeez, who gave the order, did not take the defendant’s plea.

    Azeez ordered the police counsel to return the case file to the office of the Director of Public Prosecutions (DPP) for legal advice.

    She adjourned the case till June 6.

    Prosecuting Sergeant John Iberedem had told the court that the accused committed the offence on April 4, at about 7:30am, at 1, Oshinaike Street, Agbede, Olorogbo-Agric, Ikorodu.

    He alleged that the accused unlawfully had carnal knowledge of a 16-year-old-girl.

  • N115m ‘fraud’: Court frees suspended SEC DG, official

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has freed the suspended Director General of the Security and Exchange Commission (SEC), Mounir Gwarzo, and a Commissioner of the commission, Zakwanu Garuba.

    The duo, in a five-count charge filed by the Independent Corrupt Practices and other related Commission (ICPC), accused the duo of complicity in alleged N115 million fraud.

    Ruling on Tuesday, Justice Husseini Baba-Yusuf upheld the no-case submission made by both defendants.

    Justice Baba-Yusuf held that the prosecution failed to make out a prima facie case against the defendants.

    He discharged and acquitted them.

    In the charge, Gwarzo was, in three counts, accused of receiving N104,851,154.94 as  severance benefit between May and June 2015 when he had yet to retire, resign or disengage from service.

    He was also accused of receiving N10,983,488.88 as car grant, which he was not entitled to.

    Also, Garuba, a former Executive Commissioner, Corporate Services at SEC, was, in two counts, accused of conferring corrupt advantage on another public officer, Gwarzo, by approving the payments to the suspended SEC boss.

    In his ruling, Justice Baba-Yusuf said the board of SEC had, by its resolution, approved the payments, which the prosecution alleged to be illegal and dishonest.

    The judge held that by virtue of the Investments and Securities Act, the resolution by the board of SEC was not subject to a review by any person or authority.

    “There is no evidence that the first defendant (Gwarzo) used his officer to confer an advantage on himself.

    “The evidence of criminal breach of trust was not established and the evidence of the witnesses was discredited under cross-examination,” the judge said.

    He added that the evidence led by the prosecution showed that the N115 million severance allowance paid to Gwarzo followed his elevation from the position of a Commissioner of SEC to the status of the Director-General and was in line with a resolution by the SEC board on July 11, 2002.

    Justice Baba-Yusuf rejected the prosecution’s argument that the severance allowance handed to Gwarzo was in excess of what was provided for in the Certain Political, Public and Judicial Office Holders (Salaries and Allowances ETC) Act, 2002.

    He said the provision of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances ETC) Act, 2002 was not applicable to SEC and that the public officers for whom the law was meant to apply had been clearly reflected in the law.

    The judge said the prosecution’s emphasis on the law was out of its ignorance of the powers of the highest decision-making organ of the SEC – the board.

    He faulted the prosecution’s failure to consider the provisions of the Investments and Securities Acts.

    Justice Baba-Yusuf noted that the evidence of the first prosecution witness, who was an officer in SEC’s Legal Department, conflicted with evidence of the third and fourth prosecution witnesses.

    The judge said the first prosecution witness agreed that the payment to Gwarzo was based on a board resolution and was, therefore, correct, since the board was the highest decision-making body of the commission.

    He held that there was evidence that the N10 million car grant Gwarzo got was part of his entitlement but that the prosecution failed to prove that he “was instrumental or played active roles in the preparation for the voucher for the payment”.

     

  • Court rejects certificate forgery suit against Adamawa governor

    A Federal High Court in Abuja has struck out a suit in which Adamawa State Governor Mohammed Jibrilla was accused of parading forged certificates.

    The plaintiff, Mahmood Ahmed had, in the suit alleged, among others, that the governor supplied false information to the Independent National Electoral Commission (INEC) in the Form CF 001 he submitted for election.

    Ahmed said Jibrilla claimed to have sat for the West African Examination Council (WAEC) in June, 1983 and possess General Certificate of Education (GCE)  issued by the examination body.

    The plaintiff accused the governor of falsely declaring his educational qualification and date of birth for the purpose of nomination and election into the office of governor for the 2019 general elections.

    He prayed the court to disqualify Jibrilla from participating in the 2019 Adamawa governorship election.

    In a judgment yesterday, Justice Inyang Ekwo held that the suit has become a mere academic exercise.

    Justice Ekwo upheld the argument in the governor’s objection, to the effect that election had taken place and that he lost.

    The judge held that by virtue of Section 285(13) of the 1999 Constitution, (4th Alteration Act 2017), the suit has become an academic exercise. He subsequently declined jurisdiction.

    Justice Ekwo noted that the governorship election in Adamawa State, “the subject-matter of the suit and which election the plaintiff sought to have the 1st defendant disqualified from contesting took place on March 2019”.

    “I make an order striking out this suit. The preliminary objection succeeds and I will not go into the substantive matter,” the judge said.

     

     

  • Court orders DSS to produce Dasuki

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has ordered the issuance of a production warrant on the Department of State Services (DSS) to compel it to produce the detained former National Security Adviser (NSA), Col. Mohammed Dasuki, on the next date.

    Justice Hussein Baba-Yusuf gave the order yesterday in a ruling at the resumed hearing in the trial of Dasuki and some others.

    Justice Baba-Yusuf said: “The information before the court is that the first defendant is in the custody of the DSS and the prosecution is to liaise with the DSS to produce the first defendant in court and in any day the cases comes up. But it appears that the prosecution has failed to do and did not provide any explanation for failing to do so.

    “Hence, I will issue a production warrant and adjourn the case till a further date to ensure the presence of the first defendant in court.”

    The judge scheduled May 24 as the next hearing date.

     

     

  • Kogi executive/judicial faceoff: Court reserves ruling, adjourn indefinitely

    The faceoff between the Kogi State Government and the state’s judicial arm was on Friday, adjourned indefinitely by the Kogi State High Court sitting in Koton-Karfe.

    The court adjourned sine die in the suit filed by the state judiciary against the executive, over alleged attempts to illegally remove the Chief Judge (CJ) of Kogi State, Justice Nasir Ajanah.

    The court also reserved ruling on the motion seeking nullification of the April 2, resolution of the state House of Assembly, recommending removal of the CJ.

    Justice Alaba Omolaye-Ajileye, announced during sitting, that the suit: NO. HC/KK/11CV/2018 brought against the state Executive by the Chief Judge and Chief Registrar, Alhaji Yahaya Adamu was halted abruptly

    The court resumed sitting on Friday with lead counsels to the parties in the suit adopting their written addresses on the motion NO. HC/KK02M/201.

    The claimants/applicants in the motion had contended that the House of Assembly defied the pendency of suit and the interim injunctive orders of the court, to have sat and issued a resolution in respect of the matter.

    They prayed for an order of the court nullifying and setting aside the resolution purportedly passed by the House at its plenary sitting of 2nd April, 2019 in defiance of the pendency of the suit.

    The action of the legislative arm, according to the motion, also defied the interim injunctive orders of court, by acting upon a report submitted to it by its Public Accounts Committee and resolving

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    R.A. Lawal-Rabana (SAN), Abeni Mohammed (SAN), A.M.Aliyu (SAN), Tawo E. Tawo (SAN) and and three others represented the claimants/applicants.

    Mohammed said that the motion was brought pursuant to Order 11, Rules 1 and 2 of Kogi State High Court (Civil Procedure) Rules, 2006.

    The motion has the Kogi State House of Assembly; Speaker of the House; Hon. Bello Hassan Abdullahi, chairman of the adhoc committee; the Governor of Kogi State and the Attorney-General of Kogi State as defendants/respondents.

    Mohammed, while addressing the court said the claimants/applicants filed the motion supported by a 16-paragraph affidavit with Exhibits “A to G”.

    Adopting their written address, Mohammed said, “We rely on the affidavit and the exhibits and urge the court to grant the prayers in particular, Exhibit A and B.

    Sale Sule, leading another, Yusuf Goodluck for the defendants/respondents said he had filed a counter eight-paragraph affidavit, adding that they relied on the averments.

    Justice Omolaye-Ajileye, after adoption of the addresses by the counsels went on a two-hour stand down to deliver his ruling on the motion.

    Minutes into the two-hour stand down, the judge called counsels to the parties into his chambers, to intimate them on the security situation, as a result of sudden withdrawal of police personnel from the court.

    He said that the security situation with the sudden withdrawal of police officers and men from the court, and the intelligence reports reaching him, it was not safe for the court to resume sitting.

    He therefore adjourned the case sine die but however, told the counsels that they would be notified once the court fixed a date for ruling on the motion.

  • Firm’s MD remanded for ‘dealing in substandard engine oil’

    The Federal High Court in Lagos Friday ordered to be remanded in prison Managing Director of Richbon Nigeria Ltd, Cajethan Muonagolu, following his arraignment by the Standards Organisation of Nigeria (SON) through the Federal Ministry of Justice.

    He was arraigned on a four-count charge of dealing in adulterated and substandard engine oil.

    Justice Saliu Saidu granted him bail for N50million with two sureties in like sum.

    One of the sureties, the judge said, must be a civil/public servant not less than Grade Level 15 in the employment of the Federal or Lagos State Government.

    The other surety must be the defendant’s relation who owns a landed property within the court’s jurisdiction.

    The court ordered the sureties to deposit their passport photographs, while Muonagolu must deposit his international passport with the court registrar.

    The prosecution and the court registrar are to verify the sureties’ addresses, the judge said.

    Justice Saidu ordered that Muonagolu should be remanded in prison until he meets his bail terms.

    Arguing the bail application, defence counsel Goke Olagunlehin, holding the brief of Chief Mike Ozekhome (SAN), urged the court to grant his client bail on liberal terms.

    But SON prosecuting counsel, including Messrs Babatunde Alajogun and Adeleke Olofindare, opposed the bail application on the ground that Muonagolu allegedly committed another offence while the charge was pending.

    Alajogun said the defendant broke and removed SON’s official seal and evacuated 15, 000 cartons of suspected adulterated/substandard engine oil from his company.

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    The prosecution said he also allegedly assaulted SON officials in the course of their lawful duties.

    The court ordered the counsel for the prosecution and defence to visit the warehouse to ascertain the breaking of the seal or otherwise.

    Muonagolu and his company allegedly committed the offence last December 12 at ASPAMDA Trade Fair Complex, Lagos Badagry Expressway.

    SON said they conspired to deal in 15,000 cartons of Prime Plasma, Prime ATF and Stanley brand of engine oil which it said are substandard.

    The prosecution said the defendants claimed that the products were genuine, contrary to Section 3 (6) of the Miscellaneous Offences Act of 2004.

    They also allegedly failed to comply with SON Conformity Assessment Programe (MANCAP) by dealing in engine oil that did not have the requisite MANCAP certification.

    Their arraignment is coming less than a month after SON arraigned four men before Justice Oluremi Oguntoyibo of the same court.

    Uche Johnson, Olaide Shittu, Kingsley Meteke and Abdulquadri Olayinka were said to have adulterated 128 drums and 9.45 litres of engine oil.

    They allegedly claimed that the products with genuine engine oil and sold them to unsuspecting motorists. Their trial is ongoing.

    SON undertook a nationwide raid on suspected adulterated and substandard lubricants in response to consumer complaints about engine failures caused by substandard oil.

    The Organisation is also prosecuting other standards infractions relating to adulterated and substandard lubricants across the country.

    Justice Saidu adjourned until May 20 for trial.

  • Court threatens to order Senator Uzodinma’s arrest

    A Federal High Court in Abuja has threatened to order the issuance of arrest warrant against Senator Hope Uzodinma should his lawyer renege on his pledge to produce him in court on April 18.

    The Special Presidential Investigation Panel for the Recovery of Public Property (SPIP) said it has, since filing a criminal charge against Uzodinma in October last year, been unable to have him attend court to plea to the charge.

    Lawyer to SPIP, Celcius Ukpong, on Friday, recounted efforts made by his agency since filing the charge, to make Uzodinma honour court’s hearing notices, but without success.

    Ukpong told the court that the SPIP was also investigating the Senator, representing Imo West in respect of a $10million contract for the dredging of Calabar Port, which he and his company allegedly failed to execute after being paid by the government.

    He faulted claim by Uzodinma’s lawyer, I. E.Ogueju-Dike that the senator, who was the candidate of the All Progressives Congress (APC) in the last governorship election in Imo State, was abroad on medical grounds.

    Ukpong said it was impossible for Uzodinma to lawfully travel out of the country without being arrested.

    He said having jumped the administrative bail granted him by SPIP, he has since been placed on watch list and would be arrested anytime he attempts to leave the country.

    Ukpong then urged the court to order Uzodinma for deliberately refusing to attend court despite being served with the charge and several hearing notices.

    Ogueju-Dike faulted Ukpong’s claim and accused him of unduly portraying his client as a criminalm

    He said the case before the court was in relation to allegation of non-declaration of assets. He said the prosecution’s reference to a purported unexecuted contract was extraneous.

    Ogueju-Dike said his client was not aware of the charge on time and that he (Uzodinma) was currently outside the country on health ground.

    He prayed the court to adjourned the case to a later date to enable his client attend court.

    Ogueju-Dike undertook to ensure that Uzodinma was in court on the next adjourned date.

    Ruling, Justice Okon Abang said he would consider the passionate plea by lawyer to the defendant and his undertaking to produce the defendant in court by adjourning the case to a later date for him to attend court.

    Justice Abang said the prosecution was at liberty to repeat his application for a bench warrant against the defendant should he fail to attend court at the next adjourned date.

    The judge, who noted that no one is above the law, adjourned to April 18 for arraignment.

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    The two-count charge marked FHC/ABJ/CR/107/2018, pending against Uzodinma before the court, reads as follow:

    “That you, Senator Hope Uzodinma (M) on or about the 5th day of March 2018, being a public officer with the National Assembly Abuja, within the jurisdiction of this honourable court, committed an offence to wit: refused to declare your assets without reasonable excuse and upon notice to declare your assets before the Special Presidential Investigation Panel for the Recovery of Public Property, Abuja, contrary to and punishable under S. 3 (3) (1) (a) of the Recovery of Public Property (Special Provision) Act 2004.”

    “That you Senator Hope Uzodmma (M) on or about 5th day of March 2018 being a public officer that the National Assembly Abuja, within the jurisdiction of this honourable court, committed an offence to wit: neglected to declare your assets without reasonable excuse and upon notice to declare your assets before the Special Presidential Investigation Panel for the Recovery of Public Property, Abuja, contrary to and punishable under S. 3 (3) (1) (a) of the Recovery of Public Property (Special Provision) Act 2004.”