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Tag: Ebun-Olu Adegboruwa

  • How Adegboruwa disbursed N61m rent – EFCC

    How Adegboruwa disbursed N61m rent – EFCC

    The Federal High Court in Lagos on Wednesday heard how a lawyer-turned activist, Ebun-Olu Adegboruwa, allegedly disbursed N61 million paid as rent on a forfeited property.

    The second prosecution witness, a compliance officer at Zenith Bank Plc, Mr. Teslim Adekunle, tendered Ebun-Olu Adegboruwa & Co’s bank account statement.

    He said N61, 631,944.65 was credited to the account by Transocean Support Vendor S/A on August 13, 2013.

    Before then, there was a credit balance of N1.4 million in the account, he said.

    Adekunle said from the account, N3 million was transferred to Apex Properties Company Limited, N2.2 million to Adegboruwa, N12,150,000 to Mr. Jonathan Udeagbala  (owner of the house) and N35 million to Victory Electronics Limited (the complainant Mr. Leonard Okafor’s company).

    An attempt by the witness to give evidence on the transfer of N1 million to an unnamed pastor was resisted by Adegboruwa’s lawyer, Mr. Tayo Oyetibo (SAN), who objected on the ground that his client’s personal life was not in review before the court.

    He said: “All this evidence of cash disbursement is not relevant to the charge. The charge is that he sold a forfeited property. The section of EFCC Act under which he was charged has nothing to do with cash disbursement. Precious judicial time is being wasted through this line of evidence.”

    Justice Oluremi Oguntoyibo then asked the prosecution counsel to restrict himself to questions relating to the charge.

    Under cross-examination, the witness said he did not know the purpose for which the money was transferred to Adegboruwa’s account.

    EFCC arraigned Adegboruwa and Jonathan Udeagbala, said to be at large, on May 12 for allegedly conspiring on August 13, 2013 to lease the property at House 105, NICON Town Estate, Lekki.

    The commission said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012.

    Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65, which was credited to his Zenith Bank account, with number 1010240758.

    The lawyer pleaded not guilty to the charge and claimed he was being persecuted due to his activism.

    Justice Oguntoyibo adjourned to September 23, 28 and 29 for continuation of trial.

  • Intriguing Ebun-Olu Adegboruwa case

    Intriguing Ebun-Olu Adegboruwa case

    FOR leasing a property on August 13, 2013 to Shelf Drilling Nigeria Limited allegedly in defiance of an interim order made by Justice C. A. Balogun of the Lagos State High Court on June 18, 2012, Lagos-based lawyer Ebun-Olu Adegboruwa has been arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Oluremi Oguntoyinbo of a Federal High Court in Lagos. He is charged alongside one Jonathan Udeagbala, who is said to be at large. Mr Adegboruwa, according to the EFCC, dealt in forfeited property, the subject of litigation before Justice Balogun, without authority from the anti-graft agency. It is not clear on whose behalf the EFCC has exhumed the case, for according to the lawyer, his client had since September 17, 2013 resolved the contractual disagreement he had with Lawrence Okafor, the complainant.
    Were there some administrative procedures both Messrs Udeagbala and Okafor had to resolve before the property could be leased, and they didn’t? Even though Mr Okafor withdrew his petition to the EFCC in 2013, the case was not officially and legally terminated until December 2015. Could this time lag hold some legal significance in the dispute? And if the two parties to the dispute had resolved their disagreement, what further role does the EFCC hold in the matter? These are some of the issues the court will resolve. Furthermore, though the court has the discretion to set bail terms, it would have been better had it admitted the lawyer to bail on self recognition, especially as the prosecuting counsel did not object to his bail on any term.
    In the opinion of Mr Adegboruwa, the case was exhumed on account of his criticisms of the Buhari administration and because he is the lawyer of both Chief Government Ekpemupolo (a.k.a. Tompolo) and ex-president Goodluck Jonathan’s cousin Azibaola Robert. The EFCC is yet to indicate whether the complainant, Mr Okafor, has reopened the case to justify Mr Adegboruwa’s arraignment. Whatever the case, the public will definitely follow the fraud charge with keen interest because it may hold deeper meaning for liberty, use or misuse of power, and constitutional imperatives.

  • EFCC lines up nine witnesses against Adegboruwa

    EFCC lines up nine witnesses against Adegboruwa

    The Economic and Financial Crimes Commission (EFCC) Thursday said nine witnesses will testify against activist-lawyer Ebun-Olu Adegboruwa who was arraigned at the Federal High Court in Lagos for allegedly dealing in a seized property.

    He was charged under Section 32 (1) of the EFCC Establishment Act 2004.

    It reads: “Any person who, without due authorisation by the Commission, deals with, sells or otherwise disposes of any property or assets which is the subject of an attachment, interim order or final order, commits an offence and is liable on conviction to imprisonment for a term of five years without the option of a fine.”

    The commission said Adegboruwa and Jonathan Udeagbala, said to be at large, committed the alleged offence on August 13, 2013 in Lagos.

    The defendant, who was arrested on Monday, allegedly conspired to lease the property at House 105, NICON Town Estate, Lekki.

    EFCC said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012.

    Adegboruwa allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65, which was credited to his Zenith Bank account, with number 1010240758.

    The lawyer pleaded not guilty to the charge.

    His lawyer, Chief Emeka Etiaba (SAN), urged the court to grant him bail on self-recognition, adding that he would not jump bail.

    He said: “EFCC, while investigating the matter, never detained the defendant for one day. He attended all invitations extended to him. He conducted himself in a manner most becoming of a senior member of the Bar.

    “The defendant, apart from being a legal practitioner of note who is at the vanguard of the protection of the interest of the downtrodden, is also married to a lawyer.

    “He is also a parish pastor of the Redeemed Christian church. He runs a robust legal practice with office in Lekki. Over 50 per cent of his briefs are pro-bono (free) cases for the indigent.”

    EFCC’s lawyer, Ibrahim Mohammed, said the prosecution was not opposed to the application.

    “We leave the bail application at the court’s discretion,” he added.

    Ruling, Justice Oluremi Oguntoyibo, said Adegboruwa deserved bail, but not self-recognition.

    She granted him bail for N10million with two reputable sureties who must own landed properties in Lagos.

    The sureties, the judge said, must also submit their phone numbers and bank accounts, details of which shall be verified by the court’s registrar.

    Adegboruwa, who wore a dark blue suit and a white shirt, waved to members of his church and associates who were in court. He stood in the dock as the charge was read and his bail application argued. Beside Etiaba, ten other lawyers, including his wife, announced appearance for him.

    The lawyer had denied the allegation in a statement by his firm on Wednesday, saying there could not have been a freezing order on the property because the substantive case had been dismissed.

    Justice Oguntoyibo adjourned till June 12, 14 and 15 for trial.

     

  • EFCC charges Adegboruwa with criminal conspiracy

    EFCC charges Adegboruwa with criminal conspiracy

    The Economic and Financial Crimes Commission (EFCC) has filed a criminal charge against activist-lawyer Ebun-Olu Adegboruwa at the Federal High Court in Lagos.

    He was accused of dealing in a seized property that was a subject of EFCC’s investigation without authorisation.

    The commission said he and Jonathan Udeagbala committed the alleged offence on August 13, 2013 in Lagos.

    Adegboruwa was said to have been arrested on Monday at his Lekki office by EFCC operatives.

    The defendants allegedly conspired to lease the property at House 105, NICON Town Estate, Lekki.

    EFCC said the property was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court.”

    The order, the commission said, was made on June 18, 2012.

    Adegbora allegedly leased the property to Shelf Drilling Nigeria Limited for N61, 631,944.65.

    The money was allegedly credited to his Zenith Bank account, numbered 1010240758.

    The alleged offence is punishable under Section 32 (1) of the EFCC Establishment Act 2004.

    The charge, dated May 5, has been assigned to Justice ‎Oluremi Oguntoyibo‎, who was recently transferred from Ilorin Division to replace Justice Rita Ofili Ajumogobia.

    Adegboruwa‎ represents ex-Niger Delta militant, Government Ekpemupolo (Tompolo), on whose behalf he filed an application challenging sections 221 and 306 of the Administration of Criminal Justice Act 2015.

    He is also part of a legal team led by Tayo Oyetibo (SAN) who sought to quash the summons issued for Tompolo’s arrest by Justice Ibrahim Buba. The case is now on appeal.

    Adegboruwa is known for his public interest litigation.

    He successfully sued the Lagos State government over tolling on the Lekki Bridge.

    He also got a judgment banning the monthly environmental sanitation exercise. Both are now on appeal.

    ‎Sources said Adegboruwa will be arraigned Wednesday

  • Tompolo serves EFCC with appeal records

    Tompolo serves EFCC with appeal records

    Counsel to a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), Ebun-Olu Adegboruwa, Tuesday said his client has served the Economic and Financial Crimes Commission (EFCC) with his record of appeal.

    He said the commission’s response to the appeal is being awaited.

    Tompolo filed his appellant’s brief of argument on March 11 against the order of the Federal High Court for his arrest made on January 14.

    Tompolo had on January 27 filed an application to set the warrant of arrest aside, but Justice Ibrahim Buba dismissed it.

    Adegboruwa, in a statement, said in demonstration of Tompolo’s desire to have the appeal heard and determined expeditiously, he compiled and forwarded the record of appeal to the Court of Appeal, Lagos Division on March 3.

    “The prosecutor, that is the EFCC, has been duly served with the said record of appeal,” the lawyer said.

    He added: “In further demonstration of his commitment to the rule of law and due process, Tompolo filed his Appellant’s Brief of Argument, through the law firms of Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa on March 11, 2016, thus activating the judicial process for the prompt and effective determination of the said appeal.

    “The consequence of this in law is that Tompolo’s case is now before the Court of Appeal, with the concomitant effect that the trial Federal High Court will willingly cede jurisdiction over Tompolo’s case to the Court of Appeal since the appeal has now been entered, while Tompolo and his team of lawyers await the response of the EFCC to file their respondent’s brief so that the appeal can proceed to hearing timeously.”

    Tompolo said Justice Buba erred in law in refusing to set aside the warrant of arrest issued against him.

    He said there was no evidence to show that he had been notified of the summons and the criminal charge pending against him.

    Tompolo also complained that the learned judge should have ascertained that the EFCC duly complied with the order for substituted service, by posting the charge at the correct address.

    The appellant stated further that the application leading to the issuance of the warrant of arrest was not competently placed before the court, as the counsel that signed and filed it on EFCC’s behalf failed to affix his stamp and seal on it.

    Tompolo is asking the Court of Appeal to set aside the warrant for his arrest and vacate all subsequent proceedings emanating from the “flawed” process of the criminal charge.

    He is praying that the charge against him be transferred from Justice Buba to another judge of the Federal High Court.

    The case comes up before Justice Buba on March 22.

     

  • Why we can’t produce Tompolo – Lawyers

    Why we can’t produce Tompolo – Lawyers

    Lawyers representing a former Niger Delta militant leader, Government Ekpemupolo (aka) Tompolo, on Wednesday said they are not required to produce their client in court.

    Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa said it is not a defence counsel’s duty to produce an accused in court for arraignment, but the prosecution’s obligation.

    They referred to Paragraph 3 (b) of the Federal High Court Practice Direction 2013 which provides: “On the date of first arraignment, the prosecutor must produce the accused person in court.”

    Oyetibo and Adegboruwa, who filed an appeal on Tompolo’s behalf, were reacting to calls that they should produce their client in court or be disciplined by the Bar.

    It was suggested that since the lawyers are apparently in touch with Tompolo, who was declared wanted, they owe Nigeria a duty to produce him.

    But, the lawyers said Tompolo is entitled to appeal any order made against him, adding that in several instances, courts have quashed charges without an accused being present.

    According to them, in the case of Fawehinmi vs Attorney-General of Lagos State (1989), the Court of Appeal held that accused persons were entitled in law to take their objection to the charge irrespective of the fact that they were not physically present in court.

    “Thus, judges look at the facts of a case and the applicable law, but not sentiments, in deciding cases that come before them.

    “In Ezeugo vs Ohanvere (1978) 6-7 Sc 171, Justice Obaseki of the Supreme Court said:  “sentiments command no place in judicial deliberations, for if it did, our task would be infinitely more difficult and less beneficial to the society.’

    The lawyers said the notion that their colleagues who defend persons accused of corruption are aiding graft is misconceived.

    “May the day never come in Nigeria when lawyers would be afraid to take up the defence of persons accused of crime simply because of media backlash or editorial opinions,” they stated.

     

  • Buhari sued over AMCON board

    Buhari sued over AMCON board

    Activist-lawyer Ebun-Olu Adegboruwa has filed a suit against President Muhammadu Buhari over for appointing the Asset Management Corporation of Nigeria (AMCON) board without recourse to the Senate.
    He said the appointments, made on August 19, was in clear violation of the relevant statute setting up the agency.
    He referred to Section 10(1) (C) of the AMCON Act 2010 which provides that the board, consisting of three executive directors nominated by the Central Bank of Nigeria (CBN) in consultation with the Minister of Finance, must be appointed subject to Senate confirmation.
    Adegboruwa is seeking a declaration that the President cannot appoint anyone as Executive Director of AMCON without complying with Section 10(1)C of the AMCON Act 2010.
    He prays the court to hold that the appointments, having been made without complying with the Section, is illegal, unconstitutional, null and void and of no effect whatsoever.
    The lawyer is asking for an order “nullifying, annulling, voiding, cancelling and invalidating the appointment of the Executive Directors of AMCON by the President.”
    Adegboruwa is also seeking to obtain an order of perpetual injunction restraining the persons purportedly appointed by the President from functioning or further parading themselves as AMCON’s Executive Directors.
    [news_box style=”2″ display=”tag” link_target=”_blank” tag=”AMCON” count=”2″ show_more=”on” show_more_type=”link”]

  • Counsel: Lagos still collecting tolls on Lekki Bridge

    •Court hears govt application tomorrow

    Activist lawyer, Mr Ebun-Olu Adegboruwa has told the Federal High Court in Lagos that the state government is still collecting toll on the Lekki-Ikoyi Bridge.

    Justice Saliu Saidu had, in a March 27 judgment, held that there was no law backing toll collection on the bridge.

    Adegboruwa is urging the court to dismiss a March 28 application by the government seeking a stay of execution of the verdict.

    In a counter-affidavit, he alleged that the government had refused to obey the judgment.

    The court will hear the government’s application tomorrow.

    The plaintiff said: “On the March 27, 2014, the applicant (Adegboruwa) was personally present in court and the fourth respondent (Lagos State Attorney-General) herein, Mr Adetoro Ipaye, was also present in court and they all listened to the judgment of the court and thereafter commended the court.

    “The applicant thereafter proceeded from the court to the Lekki-Ikoyi Bridge in his car at about 11am and he met the usual barrier at the toll plaza that the third (Lagos State Government) and fourth respondents erected on the said bridge.

    “The applicant was not allowed to pass through the said barrier as officers of the third and fourth respondents, together with armed policemen were on hand to compel motorists and the applicant too, to pay the toll fee before they could be allowed access through the toll plaza.

    “The applicant paid N300 for his car to be allowed to pass through the toll plaza, to be able to get to his office in Lekki Phase 1.

    “The applicant observed that other motorists exiting Lekki through the bridge across to Ikoyi, were also made to pay the fee that day at the said time. Since March 27, when the judgment of this Honourable Court was delivered, the applicant and other motorists using the said Lekki-Ikoyi have been paying.”

    Lagos State Solicitor-General and Permanent Secretary, Ministry of Justice Mr. Lawal Pedro (SAN) said the government had appealed the verdict at the Court of Appeal.

    In the notice of appeal, the government is challenging Justice Saidu’s decision that contractors’ payment to the National Inland Waterways Authority (NIWA) was an admission by the state that the Federal Government has powers to regulate inland waterways throughout the country.

    It is urging the Court of Appeal to reverse the decision which held that there was no law by the House of Assembly authorising the state to impose tolls on public infrastructure in the state.

    It argued that the Lagos State Public Private Partnership Law No. 2 of 2011 empowers the government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure.

    After the judgment, Ipaye said toll collection would continue on the bridge because the court did not make any consequential order or declaration barring the government from further collecting tolls from users of the bridge.

    He said: “The judgment read this morning did not specifically address many of the questions raised by the applicant; neither did it grant any of the declarations sought.

    “As you heard for yourselves, no order was made. However, the pronouncements referred to above are capable of being interpreted as court orders; hence our decision to appeal and file a stay of execution immediately.”