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Tag: Federal High Court

  • Alleged money laundering: EFCC opposes SAN’s bid to travel abroad

    The Economic and Financial Crimes Commission (EFCC) Monday opposed an application by a Senior Advocate of Nigeria (SAN) Mr. Dele Belgore praying the Federal High Court in Lagos for permission to attend his daughter’s graduation in the United Kingdom.

    Belgore is on trial with a former National Planning Minister Prof Abubakar Suleiman and former Petroleum Resources Minister Mrs. Diezani Alison-Madueke (who is said to be at large).

    EFCC said they “directly took possession of the sum N450million,” adding that they “reasonably ought to have known (that the money) forms part of the proceeds of unlawful act.”

    It also accused them of “indirectly” using the sum of N450million on March 27, 2015 and making cash payment of N450million, which exceeded the amount authorised by law.

    Belgore, through his lawyer Mr. Ebun Shofunde (SAN) prayed the court to order the release of his passport to enable him to attend his daughter’s July 4 graduation as a medical doctor from the University of London, UK.

    The SAN said he also plans to visit his doctor in the UK for a medical check-up in the last week of August.

    But, prosecuting counsel for Rotimi argued that since Belgore had a pending application urging the court to quash the charges, he had no right to seek favour from the court until his application was decided.

    He asked: “Can a party challenging the validity of proceedings be asking for favour from the same court?”

    Justice Rilwan Aikawa adjourned the application, as well the pending one challenging the charge, for hearing.

    The judge granted Sulaiman’s application to change his counsel from Chief Tunji Ayanlaja (SAN) to Mr. Tayo Oyetibo (SAN).

    A lawyer from Oyetibo’s law firm, Mr. Olaniran Obele, appeared for Sulaiman Monday.

    In the nine-count amended charge, EFCC accused Alison-Madueke, Belgore and Suleiman of making cash payment of N10million to a Resident Electoral Commissioner (REC) in Kwara State Dr Emmanuel Onucheyo.

    The commission said they also paid N10million to a Commissioner of Police in the state Garba Saliu.

    According to EFCC, they allegedly made the payments on March 27, 2015 without going through a financial institution.

    The sums, the commission said, exceeded the amount authorised by law and violated Section 1(a) and Section 16 (d) of the Money Laundering (Prohibition) (Amendment) Act of 2012 and punishable under Section 16 (2) (b).

    The defendants were also accused in the amended charge of making cash payment of N61, 656,000 to Isa Biu on the same day, exceeding what is authorised by law.

    EFCC said they also paid N87, 962,000 to Sola Adeoti and Hajiya Dankaka on the same day “without going through a financial institution.”

    According to the commission, Mrs. Alison-Madueke, Belgore and Sulieman, on the same day, made cash payment of N50million to one Sheriff Shagaya, an amount exceeding what is authorised by law.

    They pleaded not guilty.

    Justice Aikawa adjourned until Thursday for hearing.

  • Court refuses to order forfeiture of funds in accounts without BVN

    A Federal High Court in Abuja has refused a prayer by the Federal Government (FG) for the permanent forfeiture of funds in accounts without commercials banks without Bank Verification Number (BVN).

    Justice Nnamdi Dimgba, in a judgment on Friday, said the prayer could not be granted because the Federal Government has not laid sufficient foundation for the grant of such prayer.

    The judgment was on a suit marked: FHC/ABJ/CS/911/2017, filed by the FG and the Attorney General of the Federation (AGF) against Access Banks, other commercial banks and Central Bank of Nigeria (CBN).

    Read Also:31.4million customers captured in BVN, says CBN

    The judge said the FG has not met the conditions provided under Section 17 of the Advance Fee Fraud Act, by proving that the funds in the BVN-less accounts are proceeds of crime and that they are unclaimed.

    Justice Dimgba said the interim freezing order on the accounts,  made by the court on October 17, 2017 but modified on November 15, 2017, still subsists.

    The order is: “An interim order of the honourable court stopping all outward payments, operations or outward transactions (including any bill of exchange) in respect of the accounts pending the linking of the accounts to a Bank Verification Number”.

    The judge asked the Federal Government to take the necessary steps to fulfil the conditions under Section 17 of the Advanced Fee Fraud Act and ensure compliance with the October 17, 2017 order

     

  • Bonga oil spill: Court upholds Fed Govt’s $3.6b fine on Shell

    The Federal High Court in Lagos has dismissed a suit by Shell Nigeria Exploration and Production Company Ltd challenging the imposing of $3.6billion penalty on it by the Federal Government.

    Justice Mojisola Olatoregun resolved all the issues in the defendant’s favour and dismissed the suit.

    Shell sued the National Oil Spill Detection and Response Agency (NOSDRA), challenging its powers to impose levies or fines over oil spills.

    The plaintiff prayed the court to declare that NOSDRA cannot, in the light of Section 1, 3, 4, 5 and 6 of the 1999 Constitution, validly exercise any powers under Section 5, 6, 7 and 19 of the NOSDRA Act.

    Shell said the sections’ provisions encroach on judicial powers vested exclusively in the courts.

    The oil giant argued that it is the Federal High Court that is vested with the jurisdiction to determine liability and to assess, impose and direct the payment of any sum as penalty, damages or compensation in connection with an incidence of oil spillage, particularly the Bonga Oil Spill of December 20, 2011.

    Read Also: Anxiety as workers’ protest shutdown SHELL’s export terminal

    Shell urged the court to declare that the decision leading to the imposition of $3,600,191,206.00 on by NOSDRA was in breach of its right as enshrined in Section 36, 43 and 44 of the 1999 Constitution.

    It also urged the court to nullify NOSDRA’s powers to impose such levies over oil spills.

    In her May 24 judgment, a copy of which was obtained on Wednesday, Justice Olatoregun held that NOSDRA acted in line with its powers and did not violate Shell’s rights in any manner.

    The judge also found that Sections 5, 6 and 7 of the NOSDRA Act which empower it to impose penalties do not violate the Constitution.

    “I found no conflict with the duties conferred on NOSDRA by law and the power of the court to adjudicate in this matter… I find no violation of the 1999 Constitution within these sections,” the judge held.

    Justice Olatoregun further held that NOSDRA’s demand letters to Shell were not in conflict with Section 44 of the 1999 Constitution.

    The judge said: “The plaintiff had notice and opportunity to fair hearing. The plaintiff ought to have had recourse to the court for the determination of its civil rights and a proper adjudication on the issues if it felt its rights were infringed or about to be infringed.

    “I do not find the two letters ultra vires the duties and functions of the defendant.

    “I have no reason to set both letters aside as well as the sums ordered, as parties did not make evaluation of the assessed damage an issue for consideration in the questions raised for determination. No evidence upon which an evaluation could be made was also proffered.

    “In the final analysis, all the questions raised by the plaintiff are resolved in favour of the defendant. The only thing left to do is make an order dismissing the suit. Same is dismissed.”

  • APC convention: Court refuses to stop Lagos’ delegates 

    A Federal High Court in Abuja has refused a motion seeking to restrain the All Progressives Congress (APC) and Independent National Electoral Commission (INEC) from recognising Lagos State’s delegates for the June 23 national convention of the APC.

    Justice Babatunde Quadri, who read a ruling prepared by Justice Binta Nyako, said the motion for interlocutory injunction filed by a member of the APC in Lagos, Bunmi Tayo Church, was without merit and proceeded to dismiss it.

    Justice Quadri said it was wrong to grant the orders sought by Church when all those to be affected by the court’s pronouncement, who emerged from the last Ward, Local Government and state congresses of the party in Lagos, were not before the court and have not been heard.

    “This application cannot be granted because all the parties to be affected by the reliefs sought are not before the court. The application therefore fails,” the judge said.

    He proceeded to grant accelerated hearing in the substantive suit currently pending before Justice Nyako.

    Justice Quadri said he was asked by Justice Nyako, who was bereaved, to help read the ruling which she already prepared and signed.

    He said the Federal High Court’s Civil Procedure Rules, under Order 23 Rule 2,  allows that where a judge is bereaved, another judge can deliver a ruling signed by the judge handling the case, but bereaved.

    Church, whose substantive suit marked: FHC/ABJ/CS/ 583/18, is challenging the outcome of the last Ward, Local Government and State congresses of the APC in Lagos State, had sought the interlocutory injunctions pending the determination of the main suit.

    He urged the court, in the motion, to restrain defendants – APC and INEC – “from according recognition or giving effect to the results of the 1st defendant’s (APC) Lagos chapter’s purported Ward congress, Local Government congress and State congress pending the determination of the substantive suit.”

    Church equally prayed the court for an interlocutory injunction restraining the APC from parading any person(s) or permitting any person(s) to parade themselves as being the persons elected by virtue of the 1st defendant’s Lagos chapter’s purported Ward, Local Government and state congress pending the determination of the main suit.

    Read Also:Atiku to APC: be ready to accept defeat

    In his affidavit supporting the main suit, Church, who claimed to be interested in contesting for the party’s Chairmanship position in Mushin Local Government in Lagos, said he would have realised his ambition and become a delegate, but for the unlawful way the congresses were conducted.

    It is his contention that the congresses conducted in Lagos were in violation of the party’s constitution, its guidelines for the conduct of Ward, LG and state congresses and the Constitution of Nigeria (as amended).

    Church’s lawyer, Akin Olujinmi (SAN), had while arguing the motion on June 14, contended that, since the APC’s national convention was scheduled for June 23, there was need to preserve the res (subject) of the substantive suit.

    He said there was special issues to be tried in the main suit, which seeks among others, the determination of whether the congresses conducted in Lagos State should not be set aside, the party having allegedly flouted the nation’s constitution, its constitution and its guidelines for the conduct of Ward, LG and state congresses.

    Bola Aidi, who represented that APC queried the competence of the motion for interlocutory injunctions and urged the court to refuse it.

    INEC’s lawyer, Alhassan Umar, also urged the court to refuse the motion on the grounds that it contains similar prayers as those contained in the substantive suit.

    Umar argued that the plaintiff failed, in the entire of his entire argument, to disclose any legal right he seeks to protect or showed any serious issues to be tried in the main case.

    He added: “Where the facts in support of the interlocutory application are similar to those in support of the main claim or are entirely interwoven with the facts required to determine the case on the merit, a court of equity is enjoined to decline granting the interlocutory application.

    “Instead, the court is enjoined to order accelerated hearing of the substantive matter. This is so because the court, in doing otherwise, may fall into the unhealthy situation of deciding the same issue twice.

    “First, at the interlocutory stage and then, the ultimate decision at the end of the trial. Such a procedure will be prejudicial to a fair trial of the substantive case.

    “The law is that the court should avoid the resolution of complex and intricate issues at the interlocutory stage.

    “It is submitted that the plaintiff/applicant has not satisfied the requirements to enable the court exercise its discretion in favour of granting the reliefs sought on the face of motion for interlocutory injunctions,” Umar said.

     

  • Court adjourns for ruling in GTBank, Innoson appeal suit

    The Court of Appeal sitting in Enugu Thursday adjourned sine die for ruling in an application brought before it by Guaranty Trust Bank (GTBank) seeking to amend its motion of appeal against a judgement given by a Federal High Court, Awka against the bank.

    At the resumed hearing of the matter Thursday, counsel to GTBank, Chief Wole Olanipekun (SAN) informed the court that the appellant (GTBank) had its notice of appeal against the judgment of the Federal High Court, Awka.

    Opening his address, Olanipekun informed the court that he would like to withdraw the application dated June 22, 2016 and sought the court to grant him leave to do so. This application for withdrawal of the motion seeking an extension of time to respond to the counter affidavit filed by Innoson against the motion to amend the notice of appeal was opposed by counsel to Innoson Motors and Chief Innocent Chukwuma, Prof. Joseph Mbadugha.

    Arguing that the court does not have the jurisdiction to grant hearing to the appellants, Mbadugha maintained that the court should hold the balance between the contending rights of all parties.

    Read Also:GTBank: Innoson admits misleading public on N14b court ruling

    In maintaining this balance he averred, the court should note that they (Innoson Motors) have a motion before the court challenging that the applicants cannot be allowed to move any applications before the court since they are yet to comply with a previous order of the court.

    He further argued that by order 80 of the Supreme Court Rules, since the appellants appeal has been entered at the Supreme Court, the Court of Appeal lacks the right to adjudicate on it.

    Responding to Innoson’s argument, counsel to GTBank noted that Mbadugha’s positions were unconstitutional. He maintained that once an application for withdrawal has been made, the applicant can withdraw his application and such an application cannot be opposed.

    Maintaining that it is within the court’s jurisdiction to grant the leave being sought, Olanipekun argued that the right of appeal is a constitutional right that should not suffer any distraction or nuances of the respondent.

    Upholding Olanipekun’s argument, the court led by Justice Ogunwumiju ruled that by the provision of the 1999 constitution, an appellant has the right to withdraw its application. “The application hereby stands withdrawn and struckout”, she ruled.

    With the application withdrawn, Olanipekun moved a motion praying the court for leave to amend its notice of appeal dated January 28, 2015 challenging the order of the Federal High Court, Awka.

    This motion was again challenged by counsel to Innoson Motors who argued that where an appeal has been entered at the Supreme Court as in the case at hand, the lower court (Court of Appeal) loses the right to entertain the matter in any sort. The only jurisdiction the lower court has he argued, is to transmit all pending applications to the appellate court.

    Urging the court to disregard Innoson’s argument, GTBank’s counsel argued that what is before the Supreme Court is an appeal on an interlocutory application, which is totally different from the substantive suit being argued by the parties.

    “A respondent to an appeal does not have the locus standi to ask for a stay of proceedings. The only party that can ask for stay of execution is an appellant who has an appeal”, he argued.

    The matter was the adjourned for ruling on a date to be communicated to the parties in the suit.

  • N136m fraud: Court to resume trial of ex-NIMASA D-G

    A Federal High Court in Lagos, on Tuesday, adjourned until Sept. 26, 27 and 28, the continuation of trial of a former Acting Director-General of NIMASA, Calistus Obi, charged with an alleged N136 million fraud.

    The Economic and Financial Crimes Commission (EFCC) had filed an eight-count charge against Obi, who was a former Executive Director, and later, a former acting D-G of the Nigerian Maritime Administration and Safety Agency (NIMASA).

    He was charged alongside one Alu Dismas, who was an aide to a former D-G of NIMASA, Patrick Akpobolokemi.

    They had each pleaded not guilty to the charges and were admitted to bail in the sum of N5 million each, with sureties in like sum.

    Read also : Adeyeye describes Fayose’s 2000 jobs as scam

    On Tuesday, the case was adjourned to Sept. 26 for continuation of trial following a letter by the prosecutor, Mr Rotimi Oyedepo, informing the court of his absence as he was before the National Judicial Council.

    Justice Mojisola Olatoregun consequently adjourned the case until Sept. 26, 27 and 28, for continuation of trial.

    The EFCC had closed the case for the prosecution on Jan. 31, 2017 while the defence filed a no-case submission.
    The court had, however, dismissed the no-case submission on Feb. 21, 2017 and ordered the defence to open its case.

    In the charge, the accused were alleged to have committed the offences on Aug. 5, 2014.

    According to the EFCC, they allegedly conspired to convert the money from NIMASA, with knowledge that same were proceeds of stealing.

    The offences contravene the provisions of Sections 15 and 18(a) of the Money Laundering Prohibitions (Amendment) Act, 2012.

  • Obaseki unveils plan to build houses for Judges 

    …Trains 300 Stenographers

     

    Edo State Governor, Mr. Godwin Obaseki, has disclosed that his administration has commenced work on the design and development of houses for judges beginning with judges of the Appeal Court and the Federal High Court in the state.

    Obaseki said this while declaring open the Nigeria Bar Association (NBA), Benin Branch, 2018 Law Week and the official commissioning of the NBA Bar House in Benin City, on Monday.

    He explained that the phased housing project will commence with the first five units for Appeal Court judges and judges of the Federal High Court, assuring that more units will be constructed as his administration plans to develop a colony for judges in the state.

    “The real investment has to be in the people, system and the process. I have decided to relocate the Ministry of Justice to the new Block C in the state secretariat complex and will be fully furnished, computerised with an e-library to make the work place conducive for our judicial workers,” he said.

    The governor noted that his administration has hired 300 stenographers who are currently undergoing training.

    Read Also:Obaseki advocates Bottom–up approach to governance

    “Court recorders are being procured and by the time the new court building is completed, they will be installed,” he said.

    Obaseki said the goal and focus of his administration is to make the state the judicial hub of the region.

    “In the past 19 months we have made tremendous progress in taking the state to an enviable height. Our administration has made appreciable impact in the lives of our people by insisting on the rule of law”.

    The governor noted that his administration has created a sense of social security, stability, order and a sense of purpose which were made possible because of fear of sanctions.

    “The judicial system has helped in restoring law and order in the state. It has also helped to drive our reforms,” he said.

    The Chief Judge of Edo State, Hon. Justice Esohe Ikponmwen, commended the Edo State branch of the NBA for the success recorded during the 2018 Law Week.

    The Chief Judge, who was represented at the occasion by Hon. Justice Ada Ehigiamusoe, said: “The various topics treated will go a long way to further stabillise and enhance the development and growth of the nation and the law profession”.

    Delivering the keynote address titled The Role of Law in Economic Development and National Security, Dele Adesina (SAN), said the greatest threat to the survival of Nigeria as a nation is security and solving the security problem will mean solving the economic problem.

  • N17.258b judgment debt: Why court froze INEC’s accounts

    Facts emerged Friday why a Federal High Court in Abuja froze accounts owned by the Independent National Electoral Commission (INEC) in banks particularly Central Bank, First Bank and United Bank for Africa (UBA).

    INEC’s accounts in CBN, First Bank and UBA are: 002-01224-42021 and 002-01224-41032 domicile in Central Bank of Nigeria (including all funds held in both accounts).

    Others are: 2022050942 and 2022050904 in First Bank (with balances of N1, 578,696,848.84 and N600, 270,638.00); and 1005393548 in United Bank for Africa (with balance of N52, 000,000.00).

    The temporary freezing order was made by Justice John Tsoho upon an ex-parte motion filed by a Lagos-based firm – Bedding Holding Limited (BHL) – for a ganishee order nisi.

    The Federal High Court had on January 28, 2014 gave a judgment against INEC, its then Chairman, Prof Attahiru Jega, the Attorney General of the Federation (AGF) and three others in a suit marked: FHC/ABJ/CS/816/2010, filed by BHL.

    Other defendants in the suit were Haier Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Limited, who were contractors to INEC, engaged to supply equipment that it deployed for voters’ registration prior to the 2011 elections.

    BHL had sued, accusing INEC, Jega and other defendants of infringing on its exclusive “Patent Rights “No: RP16642 and Copyrights Design No: RD13841 in and over Electronic Collapsible Transparent Ballot Boxes (ECTBB) and Patent Rights No: NG/P/2010/202 – Proof of Address System/Scheme (PASS) – Embedded with the Concept of the Coded Metal Plate.”

    The firm claimed that the inventions, which its exclusive patent and copy rights covered, were deployed by INEC and the other defendants “for the production of voters’ register for the 2011 general elections, among other elections, without its prior license, consent and authorisation.”

    In a judgment on January 28, 2014, then Chief Judge of the Federal High Court, Justice Ibrahim Auta, agreed with BHL’s claims and granted all its declaratory and monitary reliefs against the defendants.

    Justice Auta ordered among others, that BHL “is entitled to 50 per cent of the total contract sum of N34, 517,640,000.00,(which is N17,258,820,000.00) being the minimum reasonable royalty accruable to the plaintiff for the production, procurement, supply, acquisition, importation, purchase, receipt, sale of the Direct Data Capturing Machine, laptops and/or any other equipment ancillary to, or associated with the process and application of the said products for the registration of voters and or the collation/compilation and production of the voters’ register for the 2011 general elections and any other elections by the defendants, without first seeking and obtaining the consent of the plaintiff.”

    BHL’s ex-parte motion for ganishee order nisi, granted by Justice Tsoho on May 24, 2018 was in furtherance of the execution of the January 28, 2014 judgment.

    Former President of the Nigerian Bar Association (NBA) Wole Olanipekun (SAN), who saw merit in BHL’s case, led a team of lawyers, including two other Senior Advocates – Assam E. Assam and Karina Tunyan – to argue the ex-parte motion on May 24, 2018.

    Olanipekun, while arguing the motion, told the court that BHL had, since January 28, 2014 when the judgement was given, notified the judgment debtors and written the AGF on the issue.

    He said parties to the judgment had held several meetings on the judgment, but which have remained inconclusive, a development that informed the motion aimed at executing the judgment.

    BHL, in a supporting affidavit, said mediation meetings held on two occasions, by parties to the judgment, under the chairmanship of the Solicitor General of the Federation/Permanent Secretary of the Ministry of Justice, “could not be concluded because the 1st judgment debtor (INEC) failed, refused and/ or neglected to attend subsequent meetings.”

    Although BHL”s motion for garnishee order nisi had all the six judgment debtors listed, it chose to proceed against only INEC and the AGF. It discontinued against Jega, Haier, Zinox and Avante.

    Justice Tsoho has adjourned to July 2 this year for the garnishee ( the 23 banks listed in the application) to show cause why the garnishee order nisi should not be made absolute (why the temporary freezing order should not be made permanent, compelling the banks to pay to the judgment creditor -BHL- the judgment sum).

  • Senate confirms Abdu-Kafarati as Federal High Court Chief Judge

    THE Senate yesterday confirmed the nomination of Justice Adamu Abdu-Kafarati as the Chief Judge of Federal High Court.

    This followed the consideration of the report of the Senate Committee on Judiciary, Human Rights and Legal Matter, which screened the nominee.

    Chairman of the committee, Senator David Umaru, presented report of his committee on the screening of Abdu-Kafarati for consideration and approval.

    The report was not debated as the lawmakers agreed with the recommendation of the screening committee that the nominee should be confirmed.

    Deputy Senate President Ike Ekweremadu, who presided during the consideration and adoption of the report, reminded Abdu-Kafarati that “to whom much is given much is expected”.

    Ekweremadu said Abdu-Kafarati should dispense justice always without fear or favour and to be seen without reproach.

    He lauded Abdu-Kafarati for his appointment and wished him well in the discharge of his duty as a judicial officer.

     

     

     

  • Alleged fraud: Court permits Senator to travel abroad for medical treatment

    The Federal High Court in Lagos on Thursday granted senator representing Delta North Peter Nwaoboshi permission to travel abroad for medical treatment.

    Justice Mohammed Idris directed that his international passport be released to him.

    Nwaoboshi’s lawyer Chief Anthony Idigbe (SAN) prayed the court to grant his client permission to embark on a medical appointment scheduled for June 11 in the United States.

    Granting the application, Justice Idris held that only the living could stand trial.

    The judge ordered that the passport be released to Chief Idigbe and that it must be returned on or before June 20.

    The Economic and Financial Crimes Commission (EFCC) arraigned Nwaoboshi for alleged N322million fraud.

    The Senator was charged with two firms – Golden Touch Construction Projects Limited and Suiming Electricals Limited.

    The charges border on conspiracy and money laundering.

    Read Also: Court okays IGP’s suit against Saraki, Senate

    The EFCC alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322 million out of the N805 million, which Nwaoboshi and the firm allegedly paid for the property, was part of proceeds of “an unlawful act, to wit: fraud.”

    The EFCC alleged that the N322million was transferred to the property’s vendor on the order of Suiming Electricals.

    Suiming Electricals was accused of aiding Nwaoboshi and Golden Touch Construction Projects to commit money laundering on or about May 14, 2014.

    The prosecution said the defendants acted contrary to sections 18(a) and 15(2)(d) of the Money Laundering (Prohibition) Act 2011 and are liable to punishment under Section 15(3) of the same Act.

    According to EFCC, Nwaoboshi, a former Delta State Peoples Democratic Party (PDP) chairman, got a contract through one of his companies, Bilderberg Enterprises Ltd, to supply new construction equipment to the state Direct Labour Agency at N1, 580,000,000.

    The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.

    EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building from Delta State Government at N805million in the name of Golden Touch Construction Projects.

    The commission said the Senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”

    The defendants pleaded not guilty.

    Justice Idris adjourned until June 20 for trial.