The Nation Newspaper

Tag: dismisses

  • Lekki FCMB robbery: Court dismisses suspect’s suit against police

    Justice Obafemi Adamson of a  Lagos State High Court sitting  in Ikeja has dismissed the suit filed against the police by Ebi Tosan, a _suspect in the March 12, 2015 robbery of the Lekki branch of the First City Monument Bank.

    Tosan, 22, who was arrested alongside other suspects by the police on April 5, 2015 had approached the court, seeking bail and claiming compensation for damages in the sum of N1m against the police.

    His counsel, Chief S.W. Baidi, argued that the suspect’s continued detention without bail was an infringement and curtailment of his constitutional rights to personal liberty, freedom of movement and presumption of innocence.

    He had sought a declaration that the arrest, torture and continued detention of the suspect without bail, was a violation of his fundamental human rights to personal liberty and freedom of  movement pursuant to sections 34(1)(a), 35(1)(4) and Section 41 of the 1999 Constitution.

    He prayed for an order directing the police to admit him to bail and to also compensate him with N1m over the unlawful infringement on his rights.

    Delivering judgment in the matter on Friday, Justice Obafemi Adamson, dismissed Tosan’s suit “for lacking in merit.”

    Though Tosan claimed that his public parade by the police had prejudiced his right to presumption of innocence, Justice Adamson said the suspect did not file any material evidence, like newspapers report, to back his claim.

    The judge said the suspect has not produce enough evidence before the court to justify the reliefs being sought and therefore dismissed the suit.

    The gang, which Tosan alleged to be a member had reportedly killed about five persons, including three policemen and a fish hawker, before carting away about N15m belonging to the First City Monument Bank on Admiralty Way, Lekki, Lagos State on March 12, 2015.

    The gang had stormed the bank in military uniforms and engaged  the police in a gun duel  for more than  30 minutes before   escaping through the lagoon in a speed boat.

    Tosan and three other suspects had earlier been taken before a Lagos magistrate’s court, which ordered their remand in Ikoyi prisons.

    The suspects, Tosan,  Duke Odogbo, 38;_ Lawrence Kingsley, 31; and Ekelemo Kuete, 30 , would remain in custody pending the advice of the Lagos State Directorate of Public Prosecutions (DPP).

  • Amapakabo dismisses Sunshine tie

    Amapakabo dismisses Sunshine tie

    Enugu Rangers stand-in coach Imama Amapakabo has said there is nothing spectacular confronting league leaders Sunshine Stars.

    The Flying Antelopes will host the Akure Gunners in Sunday’s Nigeria Professional Football League (NPFL) match day 14 clash at the Nnamdi Azikiwe Stadium in Enugu.

    Amapakabo said his side will not go out of their way to prepare for the clash, but only follow normal preparations for any other match.

    “Sunshine Stars happen to be leaders right now just like any other teams that have been leaders at different weeks of the league. The position does not confer on them anything special nor makes them winners of the league.

    “We are going about our preparation exactly the normal way we have been handling our past matches and opponents. There are 75 points to play for in the league so I’m not only thinking of three points in the clash against Sunshine Stars but the whole 75 points.

    “Though Enugu Rangers are still a work in progress we have the strength to push ahead. We don’t have major injury worries but even if we did, we are capable to deal and manage with it,” said the former Enyimba coach to supersport.com.

    The Coal City side are 11th on the 20-team Nigerian elite league log on 17 points from a possible 39.

     

  • Chidera Ezeh dismisses Brazil threat

    Chidera Ezeh dismisses Brazil threat

    With only eleven days left before the Flying Eagles opening fixture against Brazil at the FIFA Under 20 World Cup, FC Porto Under 19 forward Chidera Ezeh is brimming with confidence.

    Five-time champions at U20 level, the Seleção Sub-20, have included some marquee names on their roster including Fluminense striker Kenedy, who is attracting genuine interest from Chelsea ahead of the reopening of the transfer window, and Real Madrid’s Jean Carlos.

    Those Brazilian names might ring a bell globally, and definitely in South America, but Chidera Ezeh says he’s not afraid to go toe-to-toe with the attackers and has pointed out that the Nigeria U20s prepared adequately for the tournament in New Zealand.

    ”We respect all our opponents but we don’t fear them,” Chidera Ezeh told SL10.ng after training on Thursday morning.

    ”In these modern days all the teams are good and what we saw here (in Germany) is not different from others and surely we will gain a lot of experience playing them.

    ”We will take each game as it comes.”

    In the build-up to the mouth-watering clash against Brazil in New Plymouth, the Flying Eagles were involved in three scrimmages and won all the games, scoring 14 goals.

  • NFF dismisses Eddy Mark’s ‘decision’

    NFF dismisses Eddy Mark’s ‘decision’

    The Nigeria Football Federation (NFF) has stated that its Appeals Committee is yet to meet over appeals by former Executive Committee members, Barrister Chris Green and Alhaji Ahmed Yusuf ‘Fresh’.

    Green and Ahmed ‘Fresh’ were suspended from the NFF Executive Committee and banned from football –related activities for different periods on Thursday. The former Chairman of Technical Committee was slammed a six –month ban for glaring anti-Board activities and uncharitable media interviews, while ‘Fresh’ got a one –year ban for anti-Board activities and forging a document to alter the decision of the Executive Committee on Management Staff.

    Nigeria football spokesman Ademola Olajire said on Friday: “This clarification is necessary in view of a report being circulated that the Appeals Committee has upturned the decision of the Executive Committee on these persons. It is true that Barr. Green and Alh.Ahmed Yusuf have appealed their suspension from the Executive Committee and ban from football –related activities for different periods. But the letters of Appeal only came in on Thursday night.

    “A decision purporting to have been handed down by the Chairman of the Appeals’ Committee (Eddy Mark) was received Friday morning in the NFF. The so-called decision did not state how many of the Committee members were present, or whether the Secretary was also there.

    “Whenever the Committee will meet, its meeting will be at the NFF Secretariat as it has always been, and all parties to the appeal, including the NFF Executive Committee and the appellants, will be available to present their case. The date of the meeting and time will also be made public.

    “It is a known fact that the Chairman of the Appeals Committee is a personal friend of one of the appelants. But Nigeria football is not the private business of any individual.

    “The decision still stands and will be conveyed to the next General Assembly for ratification.”

  • Nasarawa dismisses reports linking Ibrahim with Ajax

    Nasarawa dismisses reports linking Ibrahim with Ajax

    Glo Premier League campaigners Nasarawa United have quickly moved to distance themselves from reports linking CHAN Eagles star Aliyu Ibrahim with a transfer to Ajax Cape Town.

    Based on the trending reports, it was claimed that the South African Premier Soccer League side had slapped in a bid for the attacker.

    Nasarawa United Chairman, Barrister Isaac Danladi told only allnigeriasoccer.com: “I don’t know where they got that story from that Ajax Cape Town want Aliyu Ibrahim.

    “Someone brought it to my attention that it was written somewhere Ajax Cape Town were interested in him. We have not received any bid.”

    Ibrahim is well known for his match-winning strike against Morocco in the quarterfinals of the African Nations Championship staged in South Africa three months ago.

  • Court dismisses N7b suit against Mobil

    Court dismisses N7b suit against Mobil

    A Federal High Court in Rivers State has struck out a N7billion suit filed against Mobil Producing Nigeria Unlimited (MPN) by Alabo Tolofari and others.

    The claimants sued the firm, seeking compensation for pipeline leakages and spills from Mobil’s oil pipelines, which allegedly polluted and devastated the plaintiffs’ land.

    But in a preliminary objection by Mobil’s counsel, Dr. Fabian Ajogwu (SAN), the firm prayed the court to strike out the suit for incompetence.

    Ajogwu argued that the plaintiffs’ action was not in compliance with the provisions of the Rules of Court and that the court lacked jurisdiction to entertain the matter.

    Justice Lambo Akanbi agreed with Mobil’s arguments and struck out the suit for incompetence and lack of jurisdiction.

  • Post-election violence: ECOWAS court dismisses N84 b suit against Fed Govt

    An N84 billion suit filed against the Federal Government (FG) at the Economic Community of West African States (ECOWAS) Court in Lome, Togo, has been struck out.

    A group known as the registered trustees of the Socio-Economic Rights & Accountability Project (SERAP), had through activist lawyer, Femi Falana (SAN), sued the government before the court for alleged breach of the fundamental rights of National Youth Service Corps (NYSC) members who died in the post-2011 election violence that erupted in some parts of the country.

    The claimant urged the court to hold the Federal Government liable for the death of the corps members and to also mandate the government to respect the fundamental rights of corps members across the country.

    It prayed the court to compel the government to pay $500million (N84billion) to the families of the deceased NYSC members.

    However, counsel to the government, Dr. Fabian Ajogwu (SAN), in a counter argument, urged the court to dismiss the claimant’s action on grounds that the claimant lacks the locus standi to institute the action.

    Ajogwu claimed that the plaintiff had failed to disclose any cause of action against the government and as such, adding that the court lacked jurisdiction to hear the suit.

    In its judgment, the panel of Justices upheld the arguments of the government and subsequently struck out the suit.

     

  • Baraje faction to fight on as court dismisses suit

    Baraje faction to fight on as court dismisses suit

    A Lagos High Court, Ikeja dismissed yesterday the suit filed by the Alhaji Kawu Baraje faction of the Peoples Democratic Party (PDP) against its National Chairman, Alhaji Bamanga Tukur.

    Mr. Justice Oludotun Adefope-Okojie dismissed the suit for lack of jurisdiction.

    The suit was filed by Baraje, Dr Sam Jaja and Prince Olagunsoye Oyinlola on September 1.

    Baraje and others approached the court for an interlocutory injuction to restrain Tukur and his co-defendants from parading themselves as PDP National Executive Committee members.

    Other defendants in the suit are Mr Uche Secondus, Deputy National Chairman, Dr Kema Chikwe, Women Leader and Mr Olisa Metuh, National Publicity Secretary.

    Counsel to the defendants, Mr Joe Kyari-Gadzama (SAN) and Mr Emeka Etiaba, urged the court to strike out the suit for want of jurisdiction in their preliminary notice of objection.

    They had argued that the writs of summons did not comply with the mandatory requirements of Section 97 of the Sheriff and Civil Process Act because they were not endorsed.

    But Mr Robert Emukpaeruo, the claimant’s counsel, opposed the claimants’ application, arguing that the court had jurisdiction to entertain the suit, contrary to the defendants’ objection.

    Justice Adefope-Okojie, while ruling on the matter held that the Lagos State High Court had no power to assume jurisdiction over a matter which originated outside its territory.

    The judge observed that the claimants averred in their affidavit that the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.

    She said the applicants averred that the course of action, which was the special convention of the PDP, took place in Abuja.

    The judge pointed out that the doctrine of enforcement of judgments was not relevant to the suit.

    “I hold that since the defendants are not resident in Lagos and the subject matter originating in Abuja, the High Court of Lagos State has no power to assume jurisdiction over this suit.

    “I accordingly make an order striking out the suit,” Mr. Justice Adefope-Okojie said.

    The Baraje-led faction said it will re-file the case against the chairman of the PDP, Alhaji Bamanga Tukur in Abuja.

    A statement by the faction’s National Publicity Secretary, Chukwuemeka Eze, said yesterday that the party was not disturbed by the court’s decision that threw out the case.

    Chukwuemeka said his faction was convinced about the merit of the case and, therefore, determined to pursue it to a logical conclusion, with the view to rescuing the PDP from misrule.

    The statement reads: “With the court’s ruling, we are now very determined to restore PDP to the path of honour, particularly now that we have lost our great first National Chairman, Dr Solomon Lar, to the cold hands of death.

    “Let us reiterate that nothing, and we repeat, nothing will stop us from implementing the visions of both Dr Solomon Lar and all the founding fathers of our great party to the letter and keeping all undemocratic elements at bay from the leadership of our great party.

    “We wish to assure our teeming members and Nigerians in general that there is no cause to worry. This is because the ruling has nothing to do with the merit of the case but the place of filing.

    “As advised by His Lordship, we shall hasten to re-file the suit, this time in Abuja, as we are convinced about the merit of our case. Our determination to sack the usurper, Alhaji Tukur, and rescue our great party from his misrule has never been stronger.

    “Finally, we urge all our supporters and members not to despair or exercise any atom of fear and should continue to support the leadership of our great party under the able leadership of Alhaji Abubakar Baraje.

    “We are getting closer to freeing our party from the enclave of undemocratic elements currently holding us to ransom and doing everything within their powers to ruin all that our founding fathers struggled to build”.

    A Lagos High Court, presided over by Mr. Justice Oludotun Adefope-Okojie yesterday threw out the suit instituted by the faction seeking to oust Tukur and his team in the National Working Committee of the PDP.

    Also yesterday, the Independent National Electoral Commission (INEC) rejected the request of the Baraje faction that its leaders be recognised as the authentic leaders of the party.

    INEC said it would not withdraw the recognition it accorded the Bamanga Tukur group since it was privy to the processes that led to his emergence as the National Chairman of the party.

    National Secretary of the Baraje group Prince Olagunsoye Oyinlola, had written to INEC requesting for recognition as the validly elected leaders.

    But INEC in a letter addressed to Oyinlola said it stood by the elections that brought both Tukur and his officials into office.

    The INEC October 2 letter to Oyinlola, with reference No. INEC/LEG/PDP/19/111/245 is signed by the Acting Secretary of INEC, Mr. U. F. Usman.

    INEC said: “The commission acknowledges the receipt of your letters dated 1st and 23rd September respectively wherein you requested the commission’s recognition of the Baraje-led faction and newly-elected NWC.

    “You will recall that the commission monitored the National Convention and Special National Convention of the PDP held on the 24th of March 2012 and 31st of August 2013 at the Eagle Square, Abuja, after notices to the commission.

    “A NWC was elected at the two conventions with Alhaji Bamanga Tukur as the National Chairman. The commission will not withdraw recognition from the leadership of the PDP elected at the conventions duly monitored by the commission.

    “Be guided accordingly,” the commission said.

  • Court dismisses appeals against Wada’s election

    The Court of Appeal, Abuja, yesterday dismissed two appeals challenging the election of Kogi State Governor Idris Wada.

    In a unanimous judgment, the court declined jurisdiction and held that since the issues raised in both appeals related to election matters, the proper forum for them was the election tribunal.

    The judgment was on the appeals by the Congress for Progressive Change (CPC) governorship candidate, James Ocholi (SAN) and the All Nigerian People Party (ANPP).

    The court, in an earlier decision, refused a similar appeal by Jilbrin Isah (Echocho), a member of Wada’s party, the Peoples Democratic Party (PDP).

    Justice I. T. A. George-Mbama, in the lead judgment, yesterday upheld an earlier decision of the Federal High Court on the grounds that the trial court was right in dismissing the suit jointly filed by the appellant, from which the appeal was raised.

    The judge frowned at the decision of the two appellants to file two separate appeals when they jointly filed the case as plaintiffs at the court.

    He said: “The second appeal is similar to the one earlier decided. The parties are the same. At the lower court, they were together. They have similar interest. They still have the same interest, even in the appeal.

    “It is, therefore, surprising to see them file different appeals. This is an unwholesome practice, as it has overburdened the court…”

  • Court dismisses suit against UNILORIN VC

    A Federal High Court sitting in Ilorin, the Kwara State capital, has affirmed the constitutionality of the appointment of the Vice Chancellor of the University of Ilorin (UNILORIN), Prof AbdulGaniyu Ambali.

    The court dismissed the suit filed by one of the contestants to position, Prof Rasheed Ijaodola, challenging the appointment of Prof Ambali as the UNILORIN vice chancellor in 2012.

    In his reliefs, Prof Ijaodola sought an order of injunction restraining President Goodluck Jonathan, the Minister of Education and the Executive Secretary of the National Universities Commission (NUC) from recognising or recognising Prof Ambali as the vice chancellor.

    Other reliefs the plaintiff sought included “an order restraining the former vice chancellor, Prof Is-haq Oloyede, from recognising Prof Ambali as the new vice chancellor; a declaration that the short-listing, selection and appointment of Prof Ambali as the new vice chancellor of the university were irregular, improper, unlawful, null and void; a declaration that the interview conducted by a board chaired by Alhaji Saka Sa’adu is irregular, improper, wrongful, unlawful, null and void.

    Justice Olayinka Faji dismissed the plaintiff’s claims as lacking in merit, saying it “is accordingly hereby dismissed”.