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Tag: Federal High Court

  • Court summons NCAA, FAAN bosses over attempt to steal aircraft

    A judge of Federal High Court, Justice Muslim Hassan has summoned the Director General of Nigerian Civil Aviation Authority (NCAA) Captain Mukthar Usam and the Managing Director, Federal Airports Authority of Nigeria (FAAN), Saleh Dunoma for their failure to appear in court over contempt charge for tampering with two Bombardier aircraft belonging to Topbrass Aviation.

    They are to appear in court at the next adjourned date fixed for February 28, 2019 to explain why they gave orders for tampering of the two Bombardier aircraft in contention between Topbrass Aviation and SeaGold Investment Limited, the lessor of the aircraft.

    The summons was a fall out at the hearing of contempt proceedings On Tuesday, January 15, 2019, by Justice M. S Hassan.

    President, Topbrass Aviation, Captain Roland Iyayi, who disclosed this said the summons became imperative because of the role played by NCAA and FAAN bosses in the disputed ownership of two Bombardier jets at Lagos airport.

    Iyayi said despite a subsisting Court Order, NCAA and FAAN colluded with agents of the lessor to move the aircraft in question to a repair facility belonging to AeroContractors, where the aircraft are being tampered with.

    He said despite the court order, agents of the lessor are colluding with AeroContractors to allegedly flout the court order.

    The aircraft, two Dash-8 Q-300s with registration 5N-MSN 61TBB with 3 and 5N-TBC with MSN 614 , according to managing director of Top Brass Aviation, Roland Iyayi are still being tampered with at the Aero Contractors hangar despite a restraining order in 2015 which provided basis for the contempt charges.

    However, a credible and highly-placed source in Aero contractors sources said  Aero Contractors as a company has no interest in the aircraft and are only ensuring that after the entire proceeding, both aircraft are still recoverable for whomever the court ruling goes to.

    However, Iyayi who spoke to The Nation alleged that barely two days after lawyers of both the NCAA and FAAN, promised to provide their principals in court on February 28 for the hearing, that the two aircraft are still being tampered with at the Aero Hangar.

    According to Iyayi, the brake pad of the aircraft has been changed.

    He said the propeller assembly of the aircraft has been removed and is awaiting replacement for ferry out of the country.

    Iyayi expressed fears that at the rate that the impunity was being perpetuated, before the next date of the contempt hearing, the aircraft might have been worked on and ferried out since the NCAA DG, Captain Mukhar Usman and other parties served are still going about as if there was no court order.

    Read also: Freezing CJN’s accounts contemptuous, say Agbakoba, Falana, Ozekhome

    Iyayi said, ”As at today pictures are being sent to us on what is going on at Aero and we are taking that again as further affidavits to court, to tell the court that despite the fact that we had a sitting two days ago, which would have been a contempt proceeding sitting, they are still tampering with the aircraft at Aero Hangar which is in violation of the order. we are going back to court with all the evidence because it is not good enough to speak, the idea is to show evidence. And indeed anytime we filed in court we have shown photographic evidence.”

    “As I speak, 30 minutes ago, someone under the aircraft told me they had removed the propeller from one of the engines, the engine stand was there with the view of changing the engine. Two weeks ago, the brake unit of this aircraft was removed and replaced, all of these reports were given to me and continue to be given to me by Aero Contractors staff, working on the aircraft.”

    “We actually approached the courts when all these were happening to ask for an exparte order that the aircraft be taken away from Aero hangar, possession of aircraft taken by the police, the IGP, AIG Airport and Commissioner of Police Airport, to take physical possession of the aircraft, secure it at a location at the airfield and report to the court about the security and safety of the aircraft pending the determination of the case. But the judge felt since there was going to be the contempt proceeding in two days time, felt there was no need
    to do that and felt the contempt proceeding will deal with it.”

    Iyayi SAID  Topbrass has invested over $12,000,0000 on the finance purchase agreement it entered into with Seagold for acquisition of the assets and had not defaulted in the 24 month agreement period to give Seagold unfettered access to the aircraft for repossession.

    The contempt order was filed against Seagold Investment Limited, a pilot with the Presidential fleet, one Captain Baba Mohammed personally, the Nigeria Civil Aviation Authority (NCAA), its Director General, Captain Usman Mukhar personally, Aero Contractors, Captain Ado Sanusi personally, the Federal Airports Authority of Nigeria (FAAN) all of whom must comply with the restraining order until the matter was settled.

    Justice Hassan ruled that all parties must be represented at the adjourned date or he will issue a bench warrant as the case was a quasi-criminal trial and those served needed to be present for the hearing.

  • Court nullifies candidature of Buhari’s media aide

    The Federal High Court sitting in Kano has nullified the nomination of Personal Assistant to President Muhammadu Buhari on broadcast media Shaaban Sharada as All Progressives Congress (APC) flag bearer for Kano Municipal federal constituency in House of Representatives.

    The court declared Mutari Yakasai as legitimate candidate.

    Delivering the judgment on Tuesday, Justice Saadatu Ibrahim upheld the result of primary election which produced Yakasai.

    She said based on section 3 of electoral acts, political parties lack jurisdiction to substitute candidate elected through legitimate process.

    The counsel to Yakasai, Barrister Nuraini Jimoh, expressed satisfaction with the ruling describing it as a victory to democracy.

    Read Also: CJN shuns CCT, queries court’s jurisdiction

    Commenting on the judgment, counsel to INEC Barrister Hassan Aminu, hoped the ruling would serve as a lesson to political parties to live up to expectation.

    But counsel to Sharada expressed dissatisfaction with the ruling and declared Buhari’s aide will lodge appeal to superior court of competent jurisdiction.

    Alhaji Mutari Ishaq had sued All Progressive Congress, Independent National Electoral Commission (INEC) and Sharada for substituting his name as APC flag bearer for Kano Municipal federal constituency in House of Representatives with that of Shaaban Ibrahim Sharada.

  • Osun: Court rejects suit seeking to sack Oyetola (Updated)

    *Tribunal strikes out petition against Oyetola’s election

    A Federal High Court in Abuja on Friday dismissed a suit that sought to void the July 20, 2018 governorship primary of the All Progressives Party (APC) in Osun State.

    The state’s incumbent Governor, Adegboyega Oyetola won the primary and proceeded to win the governorship election held on September 22 and 27 last year.

    In a judgment on Friday, Justice Inyang Edem Ekwo held that the plaintiff, Kunle Rasheed Adegoke, could not prove his claim that the primary was held in violation of relevant laws

    Adegoke, who came a distant 8th in the primary, filed the suit marked: FHC/ABJ/ CS/804/2018, in which he argued among others, that the primary was not held in compliance with the relevant provisions of the country’s Constitution, the Electoral Act, the constitution of the APC and its guidelines for the conduct of primaries.

    Adegoke prayed the court to, among others, nullify the primary on the grounds that it was allegedly conducted in violation of the relevant laws.

    Respondents in the case were the APC, the Independent National Electoral Commission (INEC), Oyetola and the Deputy Governor, Benedict Olugboyega Alabi.

    In his judgment, Justice Ekwo, after analysing parties’ arguments and the documentary evidence tendered, held that the plaintiff failed to establish its case.

    The judge said the APC did not violate any law by electing to adopt the direct primary. He said such option was provided for in the party’s constitution.

    On Adegoke’s contention that sufficient notice was not afforded the aspirants, the judge noted that there was evidence that, although he was present where the choice of the party’s primary was announced to members on July 16, 2018, he raised no objection.

    The judge said the plaintiff’s contention, that sufficient notice was not given the INEC about the shift in the date of the primary from July 19 to 20, 2018, was misplaced.

    Justice Ekwo noted that the presence of INEC’s officials at the primary speaks volume about its power to waive the requirement for a seven-day notice.

    He said if there was any person who should complain of non-compliance with the regulations for the conduct of primaries, it is INEC and not the plaintiff.

    The judge said: “It is my opinion, upon considering the evidence in this case, that the 1st defendant acted within the power and authority vested in it in the conduct of the governorship primaries in Osun State in the circumstance of the evidence in this case.

    “Far be it that primary election of a political party would be annulled simply for the fun of doing so or in sympathy with an aspirant whose aim is just to have the primaries annulled.

    “The evidence to warrant the exercise of the power of nullification by the court must be compelling and perhaps overwhelming.

    “That being the case, I am unable to see any of the provisions of the Constitution and Guidelines of the 1st defendant, which the plaintiff says, has been contravened, which has the potency of nullifying the primary election of 20th July 2018.

    “Indeed, none of the provisions of the Regulations for the Conduct of Political Party Primaries of the 2nd defendant carries the sanctions propounded by the plaintiff.

    “The law is that the court would not and should not read into the law or any statutory instrument that which is expressly not stated therein.

    “In the same vein, I have seen no evidence that the 1st defendant breached any provisions of the 1999 Constitution so as to make its conduct of the primary election or selection of its governorship candidate unconstitutional or ultra vires.

    “I have seen no evidence that the 1st defendant breached the provisions of the Electoral Act 2010 (as amended), as such has not been established in this case, with respect to the adoption of direct primaries for the selection of governorship candidate.

    “On the whole, I find no illegal or unconstitutional act on the part of the 1st defendant in the conduct of the governorship primaries in Osun State that would warrant this court to intervene in what can be considered as its (APC’s) internal affairs, either before or on 20th July, 2018 when the said primaries was held.

    “This case lacks merit and must be dismissed, and I make an order dismissing it,” Justice Ekwo said.
    Earlier, the judge dismissed the two motion of preliminary objection filed by APC, Oyetola and Alabi.

    As against the arguments by the APC, Oyetola and Alabi, the judge said the plaintiff had the locus standi to file the suit, that the suit was properly commenced through the originating summons procedure and that the court has jurisdiction to enquire into the way a political party exercises its power and whether it complied with its constitution and regulations in its conduct.

    On the argument that the plaintiff failed to exhaust internal part mechanism before heading to court, the court held that no party regulation could oust the jurisdiction of the court to determine dispute relating to whether or not it complied with its constitution and regulations.

    Read Also: APC rally: NURTW accuses police of bias

    The judge noted that though the party’s constitution contained measures for internal dispute resolution, he said such provisions cannot oust the jurisdiction of the court.

    On the argument by Oyetola and Alabi that the plaintiff lacked the locus standi to institute the suit because he had been expelled from the party, the judge noted that there was no evidence submitted before the court to support the claim that the plaintiff had been expelled.

    Also, the Osun State Governorship Election Tribunal, sitting in Apo, Abuja, on Friday, struck out the petition by Jumoke Lawal and her party, the National Rescue Movement.

    The petitioners had queried the legality of the governorship election on ground of alleged unlawful exclusion.
    In a ruling on Friday, the tribunal, led by Justice Ibrahim Sirajo, struck out the petition after petitioners’ lawyer, Oluwole Adja applied to withdraw it.

    The tribunal awarded N50,000 cost against the petitioners.

    Further hearing resumes on January 14 in the petition by the People’s Democratic Party (PDP) and its candidate, Senator Ademola Adeleke.

  • Judge withdraws from forgery case against Bindow

    The judge of the Yola division of the Federal High Court assigned to hear a case of certificate forgery against Governor Mohammed Jibrilla Bindow of Adamawa State has excused himself from the case.

    The judge, Justice Abdulaziz Anka, said Wednesday that for personal reasons, he could not continue with the case but would return it to the chief judge of the Federal High Court in Abuja to reassign it.

    “Justice must not only be done but must be seen to be done,” Anka said, reiterating that after hearing from the counsels and reviewing what had become apparent, he was uncomfortable about continuing with the case.

    The case in question was first filed at the Federal High Court in Abuja in September last year by a rights group, Global Integrity Crusade Network (GICN), which claimed in its originating summons that the governor did not complete his secondary education at the Government Secondary School, Miango, which certificate he was using, for which reason the group asked the court to determine the qualification or otherwise of Bindow for re-election as governor in the coming general election.

    The case was first heard in the Abuja division of the Federal High Court in October last year by Justice B.O. Quadiri who granted the plaintiff’s plea for accelerated hearing, but the case was subsequently transferred to Yola where the first respondent resides.

    Reacting to the withdrawal from the case by Justice Anka and return of the case to Abuja, the chief counsel to Governor Bindow, Chief Chris Uche (SAN), told newsmen that his client was ready to follow the case to anywhere it may be taken.

    Read Also: Bindow mourns kinsman, ex-defence chief Badeh

    “As we said in the open court, we are ready for the hearing in the case to continue, but the judge recused himself from the case and it is being sent back to Abuja. Wherever they take us, we will go,” he said.

    He added however that the case lacked merit and had no chance of going far. “From when this case was first filed in Abuja, we raised the objection that the plaintiff (GICN) is an artificial person who has no locus standi to institute the case. The plaintiff was not an aspirant and is not a citizen of Adamawa State and has no business challenging Bindow as the candidate of the APC for the forthcoming election,” Uche asserted.

    Responding in a separate interview with newsmen, the counsel to GICN, Edward Omaga, said the Global Integrity Crusade Network is an advocacy group registered by Nigeria’s Corporate Affairs Commission (CAC) to carry out its functions for or against persons and organizations anywhere across the country, and could therefore not be said to lack locu standi in the suit against the Adamawa State governor.

     

  • Breaking: Alleged N1.4bn fraud: NBA President docked, gets bail

    .Court rejects request to transfer case to Abuja

     

    The Economic and Financial Crimes Commission (EFCC) has arraigned the President of the Nigerian Bar Association ( NBA ), Mr Paul Usoro (SAN), at the Federal High Court, Lagos, for an alleged N1.4billion fraud.

    Usoro pleaded not guilty to a 10-count charge of fraudulent conversion of N1.4bn said to belong to the Akwa Ibom State Government.

    The NBA President’s arraignment followed Justice Muslim Hassan’s rejection of his application for the case to be transferred to Abuja.

    The case continues on February 5

    Details later…

  • Court orders ICPC to unfreeze firm’s account

    The Federal High Court sitting in Abuja has ordered the Independence Corrupt Practices and Other Related Offences ICPC, to unfreeze the account belongs to a private firm, Pinnacle Communications Limited domicile in Zenith bank.

    Delivering the ruling in Abuja, Justice Nnamdi Dimgba cautioned anti-corruption agencies against taking actions that could jeopardize thriving of private organisations.

    Justice Dimgba pointed out that the anti-corruption war was as beneficial to the society as flourishing private enterprises, adding that scuttling the operation of private businesses like Pinnacle Communications Limited sends negative signals to the international communities about Nigeria’s business environment.

    Emphasizing frozen account without establishing a prima facie against the defendant, the jurist likened such action to ‘using a sledge hammer to kill a fly’.

    He noted that even after six months the case was instituted against the agency by the company (Pinnacle Communications) with numerous adjournments, the anti-graft body could not file any charges against the company.

    The judge warned anti-graft agencies against basis their actions on rumours or ‘beer parlour stories’ without carrying out thorough investigations that could sustain judicial process.

    It would be recalled that some months ago, ICPC had claimed it was investigating an alleged N2.5 billion fraud levelled against the DG of Nigeria Broadcasting Corporation NBC, Dr Moddibo Kawu and other top officials of the corporation.

    Read Also: Police arraign 51 Jewish worshippers in court

    The anti-graft agency through its spokesperson, Rasheedat Okoduwa, stated that the money involved was a grant released to the NBC by the Federal Government for its digital switch-over programme.

    The agency alleged that Kawu fraudulently recommended a private company, Pinnacle Communications to the Minister of Information and Culture, Lai Mohammed, for the release of the money against the guidelines contained in the white paper.

    However, the NBC debunked. ICPC’s claim, saying the corporation is not aware of any fraud case involving its DG, Moddibo Kawu.

    The spokesperson of the corporation, Hajia Maimuna Jimanda, said the NBC had been carrying out the digital switch-over programme with utmost diligence and transparency and would continue in that light until the project is completed across the country.

  • 2019: We’ll vote who negotiates best deal for us- Miyetti Allah 

    Members of Miyetti Allah Kautal Hore Fulani Socio-cultural Association have promised to encourage their people to only vote for whom they believe will negotiate the best deal for herders in the country.

    The group promised to fight against the anti-open grazing law enacted by the government of Benue, complained of extra-judicial killings and harassments being meted out on them by security and paramilitary agencies.

    Read Also:Saraki: PDP calls for arrest of Miyetti Allah leader

    National President Miyetti Allah, Alh. Abdullahi Bodejo said that the enactment of the law is the most wicked act any government can do to the economic interest of Fulani pastorialists.

    He said that most of their members have fled their homes and now become refugees in neighboring states of Nasarawa and Taraba.

    Speaking in Abuja at the end of the national delegates meeting of the association, he said that his people unanimously condemn and reject the repressive and oppressive law.

    His words, ” Delegates view the continuous policies of segregation by some state governors seeking to criminalise the economic livelihoods of Pastoralists through the enactment of obnoxious laws ’Anti-open Grazing Law’ as the most wicked act any government can do to the economic interest of Fulani Pastoralists and unanimously condemned and totally reject the repressive and oppressive laws.

    “Consequently, delegates affirmed their support and solidarity for the legal action instituted by the National Leadership to challenge the negative and segregatory Benue anti-grazing law at the Federal High Court Abuja.

    “The situation in Benue as it stands today, our members are totally displaced from their traditional place of earning their livelihoods, we have over three hundred Fulani youths that are in jail because of the law that we are still challenging in court.

    “Our people experience extra-judicial killings by security and paramilitary agencies, harassment, intimidation of herders seen around Benue, which is why we are calling on the abolition of that law.

    “As it stands today in Benue, our members are refugees in neighboring states of Nasarawa and Taraba states and we are hoping that something is done to ameliorate the pitiable situation they find themselves.

    “The Benue issue remains the most vexed issue to pastoralists in Nigeria and the whole of West African sub region because it is a policy that is aimed at destroying pastoralism, which is a means of to millions of pastoralists across sub-Saharan Africa.

    “As for 2019 elections, we are weighing what the two candidates will bring on the table, what they have for the pastoralists that are facing numerous challenges across the country and when we finish our assessment, we will invite the whole world to know our stance but for now, we are asking our members to be ready with their PVC’s and await where we can negotiate the best deal for them particularly on the issue of their economic livelihood because any candidate we support must come out clean on what future plans he has for livestock development in this country and his agenda for farmers and herders in this country, It’s not just the two candidates that are contesting, we have over ninety political parties contesting, it will be unfair to narrow down to two perceived parties.”

    National Secretary of the association revealed that herders in Kogi are dying of a disease they believe to be gastrointestinal, where patients bleed till they die.

    His word “Other problems facing pastoralists is that in Kogi state, there has been an outbreak of a viral disease that have been killing our members in the villages and up till now the centre for disease control or ministry of health is yet to investigate it, this should be investigated before it becomes a national disaster. It is around Dikina and Ayimgba there is an outbreak of a gastro intestinal disease where patients bleed before they die.”

  • Dasuki stalls commencement of trial-in-absentia 

    …Files fresh application

     

    The planned commencement of the trial of former National Security Adviser (NSA), Sambo Dasuki in his absence was stalled on Tuesday owing to a fresh application he filed, querying the propriety of the trial.

    Justice Ahmed Mohammed of the Federal High Court, Abuja had, on November 19 this year, granted the prosecution’s prayer to do away with Dasuki’s presence since the ex-NSA has elected to stay away from the trial.

    Read Also:Dasuki, Diezani, Shema, Fayose houses top list of seized assets

    Dasuki is standing trial on charges of money laundering and illegal possession of firearms, brought against him by the Federal Government of Nigeria, through the office of the Attorney General of the Federation (AGF).

    The judge’s November 19 ruling was preceded by a letter by Dasuki, in which he requested the court to stop his prosecution on the grounds that the Federal Government has allegedly failed to obey orders made for his release on bail.

    The letter dated November 12, 2018, which he addressed to the Registrar of Court 5, was titled: “Re: Unabated persecution of Col. Mohammed Sambo Dasuki (rtd) by the Federal Government of Nigeria.”

    When the case was called yesterday, prosecuting lawyer, Dipo Okpeseyi (SAN) indicated his readiness to proceed with the case, when defence lawyer, Adeola Adedipe informed the judge about the fresh application filed by his client.

    Adedipe urged the court to set Dasuki’s fresh application down for hearing, in opposition to Okpeseyi’s request that the court should stick to the business of the day, as per the court’s ruling of November 19 in which it elected to proceed with trial, whether or not Dasuki was present.

    Ruling yesterday, Justice Mohammed elected to adjourn further proceedings to allow for the hearing of Dasuki’s fresh application.

    The judge noted that since the fresh application appears to be seeking to stop Okpeseyi from further prosecuting the case, it was incumbent on the court to determine the application before deciding whether or not to proceed with the trial.

    Justice Mohammed adjourned the hearing of the application to January 9 next year.

    In the application filed before the commencement of court’s proceedings on Tuesday, Dasuki is seeking, among others, “an order to adjourn sine die (indefinitely) the trial and/or further trial of the defendant in this case pending compliance by the complainant with this honourable court’s judgment per (delivered by) Hon. Justice Ijeoma L. Ojukwu on July 2, 2018.

    Justice Chukwu had, in the judgment, ordered Dasuki’s release on the grounds that his continued detention amounted to a violation of his fundamental right to liberty.

    Dasuki is contenting that by virtue of section 268(3) of the Administration of Criminal Justice Act (ACJA), 2015, Okpesyi (SAN), a private legal practitioner, is required to prosecute this charge according to the directions of the Hon. Attorney-General of the Federation, particularly with respect to the aforementioned judgment which is enforceable against him and all authorities.”

    He argued that “further prosecution” of the case by Okpeseyi “without compliance with the judgment by Justice Ojukwu, “will be contrary to the direction of the Hon. Attorney-General of the Federation who is the chief law officer of the federation and a judgment debtor to the said judgment”.

    In the application signed by Ahmed Raji (SAN), Dasuki stated that the “application ought to be granted to preserve the integrity of the Bench and to avoid a constitutional breakdown.”

  • Judicial reform: Edo intensifies work on Judges’ Quarters

    Edo State Governor, Mr. Godwin Obaseki, has assured that the ongoing construction of judges’ quarters in Benin City, by the state government, is part of plans to re position the state as the judicial hub in the South-South region.

    The governor, who said this while inspecting the houses,  explained that the project is in line with his administration’s promise to build decent and comfortable houses for judges in the state.

    According to him, “Our goal is to ensure that by the end of 2019, we would have enough accommodation for all our judges in the state. It is not only for judges in the State High Court but also judges of the Federal High Court and the Court of Appeal. Judges who are posted to work in the state will also enjoy the accommodation.”

    Read Also: Edo to model oil palm sector after sugar industry – Obaseki

    He said that the first five units will be delivered before April 2019, noting that once they are completed, the state will start work on a 20-unit estate for judges by next year, which will be constructed around the Government Reservation Area (GRA).

    Obaseki said his administration has employed over 4,000 youths who are engaged at the various roads, building construction and other infrastructure sites across the state.

    He noted that the state is gradually fulfilling its electioneering promise to create 200,000 jobs for Edo people and residents.

    Obaseki was accompanied on the inspection tour by his Chief of Staff, Chief Taiwo Akerele, and other top government officials.

  • Court adjourns NBA President’s arraignment till December 18

    A Federal High Court in Lagos has adjourned till December 18, for the arraignment of the President of the Nigerian Bar Association, Mr Paul Usoro (SAN), for an alleged N1.4billion fraud.

    Justice Muslim Hassan fixed the date to enable the Economic and Financial Crimes Commission (EFCC) serve Usoro with the charge sheet for the alleged offences.

    Usoro, who appeared in court in person with a retinue of senior lawyers, had urged the judge through his lead counsel, Chief Wole Olanipekun SAN, to direct the EFCC to serve him in court.

    But this was resisted by EFCC counsel, Mr Rotimi Oyedepo.

    The anti-graft agency, in a charge marked FHC/418c/18, alleged that Usoro, from Akwa Ibom, converted and laundered the money in connivance with his state Governor, Udom Emmanuel.

    The charge sheet, signed by EFCC Counsel, Mr Rotimi Oyedepo, did not list Emmanuel as a defendant.

    The EFCC indicated that he is “currently constitutionally immuned against criminal prosecution”.

    It did, however, mention four other defendants.

    They are: Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large.

    The commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of this honourable court”.

    The anti-graft agency claimed that the N1.4bn belonged to the Akwa Ibom State Government.

    According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.