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Tag: Federal High Court

  • Court says cost of Buhari’s London treatment his personal affair

    Says it is exempted from disclosure under S14(1)(a) of FoI Act

    Group pledges to appeal

     

    A Federal High Court in Abuja has held that information regarding the cost of President Muhammadu Buhari’s London treatment was his personal affairs, which could only be disclosed with his consent.

    Justice John Tsoho, in a judgment on Tuesday, said the information fall within the items exempted from disclosure under Section 14(1(b) of the Freedom of Information (FoI) Act.

    The judgment was on a suit marked: FHC/ABJ/CS/1142/2017 filed by the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative (ASRADI), led by  Adeolu Oyinlola.

    ASRADI had, in the suit, with the Central Bank governor, Godwin Emefiele, the CBN and Attorney General of the Federation (AGF) as defendants, accused the CBN and its governor of refusing to honour its FoI request contained in a letter of October 19, 2017 for information on the amount released for Buhari’s medical treatment in London and the amount paid on behalf of the Nigerian government as parking fees for keeping the presidential aircraft and crew in the UK while the President’s treatment lasted.

    The group had urged the court to declare that the respondents’ refusal to provide it with the information “amounts to a wrongful denial of information and is a flagrant violation of the provisions of the Freedom of Information (FOI) Act 2011.”

    The applicant also sought an order compelling the respondents to furnish it with the information and a further order, mandating the CBN and its governor to pay the plaintiff N10million in damages “for the wilful refusal of the 1st and 2nd respondents to release information in respect of the applicant’s letter dated 19th Ocober 2017.”

    The plaintiff argued that that it was within the responsibilities of the CBN and its governor to provide the requested information because they “are responsible for all foreign currency transactions of the Nigerian government or transactions involving the Federal Government of Nigeria and foreign institutions as it concerns transfer of money outside the shores of Nigeria.”

    Read Also: Why Buhari stopped over in London, by Presidency

    However, Justice Tsoho did not make any pronouncement on whether or not the plaintiff’s request for information on the cost of keeping the presidential aircraft in a London airport for over 100 days was also exempted under the FoI Act.

    The judge was of the view that issues about the cost of President Buhari’s treatment were personal to him and could not be disclosed to the public without his consent as provided under Section 14(1(b) of the FoI Act.

    Section 14(1) reads: “Subject to subsection (2), a public institution must deny an application for information that contains personal information and information exempted under this subsection includes: (b):  personnel files and personal information maintained with respect to employees, appointees or elected officials of any public institution or applicants for such positions.

    Sub-section 2 of Section 14 reads: “A public institution shall disclose any information that contains personal information if: (a) the individual to whom it relates consents to the disclosure; or (b) the information is publicly available”

    Justice Tsoho also said the CBN and its governor could not be said to have refused the request made by the plaintiff under the FoI Act, as claimed by ASRADI, because the 1st and 2nd defendant (CBN and its governor) transferred the plaintiff’s letter of request to the office of the Chief of Staff to the President, in accordance with the provision of Section 5(1) of the FoI Act.

    The judge said the 1st and 2nd defendants could not then be blamed for the plaintiff’s failure to follow up on their request when the CBN and its governor said the letter had been forwarded to the office of the President’s Chief of Staff.

    He refused to grant the plaintiff’s prayer for N10 damages; on the grounds that it did not prove that it incurred damages.

    The judge said the suit was without merit and struck it out.

    Earlier, while ruling on the objection raised by the AGF, the judge held that the office of the AGF was not a necessary party to the suit because no cause of action was raised against it.

    Reacting to the judgment, Oyinlola said: “We intend to go on appeal to determine how our demand for accountability regarding public resources spent, constitutes a personal affair of the President. We did not ask for his medical records. It is a preposterous judgment.

  • Extradition: Court orders AGF, NDLEA not to take steps against Kashumu

    A Federal High Court in Abuja has ordered the Attorney General of the Federation (AGF) and the National Drug Law Enforcement Agency (NDLEA) not to take any further steps in their alleged renewed plot to extradite Senator Buruji Kashamu to the United States.

    Justice Babatunde Quadri gave the order on Tuesday while ruling on an ex-parte application filed by Kasamu, which was argued by his lawyer, J. O. Odubela (SAN).

    Justice Quadri particularly ordered parties to maintain status quo pending the determination of the substantive suit filed by Kashamu.

    Read Also:Kashamu’s extradition call unjustified, says Olanipekun

    The judge also granted the applicant leave to serve processes in relation to the suit, including the originating summons on NDLEA outside the jurisdiction of the court at 4 Shaw Road, Ikoyi, Lagos.

    Justice Quadri adjourned to September 24 for the hearing of the substantive suit.

    Details later…

  • Court awards N10m fine against police who kill driver over N100

    The Federal High Court sitting in Ibadan has awarded the sum of N10 million compensation against the Nigeria Police in favour of the family of one Mr. Alimi Hakeem, a commercial motorist who was shot dead by a police officer in Saki over N100 check point bribe.

    The court also ordered the Inspector General of Police, Ibrahim Idris to investigate the unlawful killing and bring the culprit to book.

    The late Hakeem, popularly called Sakilayewa was allegedly shot dead by one Insp. Ifeayin Nbu on March 9, 2016 along Saki-Okere International Market road, Saki, Oyo State.

    Citing various portions of the constitution to support his judgment, Justice Nathaniel Ayo-Emmanuel held that everyone had right to life, adding that deliberate killing of any individual in the society was against the law.

    He added that Nbu’s refusal to contradict or challenge any of the arguments and exhibits tendered against him otherwise meant that the court shall accept them as the truth.

    “The applicant in this case has proved beyond reasonable doubt that Insp Ifeayin Nbu, the fifth respondent committed the crime because he did nothing to defend himself despite the fact that he was aware of this case.

    “There is no evidence before the court contradicting the facts presented by the applicant in the matter.

    “I therefore believe same to be the true reflection of what happened before life was sniffed out of the deceased.

    “It is evidence from the record before this court that the applicant’s father has three wives and several children who are his dependants.

    “For this and many other reasons, a sum of N10 million is hereby awarded to the family of the deceased.

    “The Inspector General of Police (IGP) is therefore directed to investigate this matter and bring the said Nbu to justice,” the Judge stated.

    Ayo-Emmanuel also indicted the first to the fourth respondents; that is, the Nigeria Police Force, Oyo State Commissioner of Police, Deputy
    Commissioner of Police and Divisional Police Headquarter at Saki for been responsible for the action of the fifth respondent, Nbu.

    The Judge noted that the submissions of the first to fourth respondents were discountenanced due to the fact that they were not filed within the time stipulated by law.

    Read Also: Police recover 4,000 prohibited firearms – IGP

    Afeez Oluwaseun Hakeem, son of the deceased had instituted the suit bordering on the fundamental human right enforcement of his father to life against the respondents.

    Afeez had prayed the court to award a cash sum of N500million as compensation against the unlawful killing of his father.

    He had earlier in his petition described the circumstances that led to his father’s killing by the police officer as very ugly.

    He stated that his late father had stopped at the check point to give Nbu the N100 which commercial motorists usually give to the police.

    He further stated that the Inspector chased after his father and shot him in the head after he refused to give him another N100.

    Mr Michael Ojeah, counsel to the Nigeria Police, Oyo State Command had saluted the judgment, describing it as well deserved.

    However, counsel to the plaintiff was not in court and could not be reached for comment.

  • Ladoja failed to return ‘stolen’ funds, EFCC alleges

    The Federal High Court in Lagos Wednesday heard that a former Oyo State Governor Rashidi Ladoja allegedly did not return his own share of funds he received from the sale of the state’s shares.

    Ladoja is on trial for allegedly converting N4.7billion from the state treasury to his personal use, which he denied.

    The Economic and Financial Crimes Commission (EFCC) charged him along with Waheed Akanbi, who served as Commissioner for Finance under Ladoja’s administration.

    An EFCC investigator, Abubakar Madaki, testifying in Ladoja’s trial, alleged that the former governor unilaterally gave instructions in 2007 that the shares, worth N6.6billion, be sold at discounted rates without the state executive council’s resolution.

    The witness said the money allegedly went to Ladoja, his family and friends.

    According to the investigator, Ladoja engaged Fountain Securities as a portfolio manager to sell the shares at a discounted rate, adding that the shares were acquired by McLace Securities.

    “In the course of our investigation, about N500million was recovered from McLace Security, Fountain Securities and other stockbrokers,” he said.

    According to him, Ladoja had promised to return his own share of the money, but never did.

    “EFCC recovered over N500million and some vehicles. All the recoveries were remitted to the Oyo State Government, except the money and vehicle that Ladoja got, which he claimed he would return but never did,” Madaki said.

    Read Also:Ladoja, family, friends blew N1.9b shares proceeds, says EFCC

    The witness said all the recoveries “were the balance that was supposed to be paid to the state government but was shared”.

    Madaki said the Nigerian Stock Exchange had also launched an investigation into how Oyo’s shares were sold.

    The witness said EFCC also discovered that a residential apartment known as Quarter 361 was purchased by Ladoja’s former executive assistant Adewale Atanda on Ladoja’s behalf, with the proceeds of shares from Heritage Apartments, which was the state’s broker.

    In order to verify that the property was acquired with the shares’ proceed, Madaki said EFCC requested for the payment details, and discovered that a cheque was written by Heritage Apartments.

    The witness said Atanda also bought 14 cars for the state lawmakers as well as for Ladoja and his wife using a loan obtained from Wema Bank.

    “They used the shares proceeds to offset the loan they took from Wema Bank. The accused benefitted from the vehicle. The wife also benefitted,” he said.

    The witness said investigations were extended to the Corporate Affairs Commission (CAC), to unravel the identity of another company named Bistrum Investment Ltd, which was also used in the transfer of Oyo State funds.

    He said though the first accused denied personal knowledge of Bistrum, he admitted knowing one its directors who he said was his cousin.

    Madaki said further investigations confirmed that Atanda’s account in Lagoon Homes, which also received part of the shares proceeds from stock brokers, was issued a bank draft of N70 million.

    EFCC accused Ladoja and Akanbi of converting N1,932,940,032.48 belonging to Oyo to their personal use through the Guaranty Trust Bank account of a company, Heritage Apartments Limited despite knowing that it was proceed of crime.

    The prosecution said Ladoja removed £600,000 (about N240, 219,945) from the state coffers in 2007 and sent it to Bimpe Ladoja in London.

    Ladoja also allegedly bought an armoured Land Cruiser jeep with N42million for himself using public funds.

    EFCC said he converted N728, 600,000 and another N77, 850,000 at different times in 2007, and allegedly transferred N77, 850,000 to Bistrum Investments, which he nominated to help him purchase a property named Quarter 361 in Ibadan, Oyo State capital.

    The alleged offence contravenes sections 17(a) and18 (1) of the Money Laundering (Prohibition) Act, 2004, punishable under sections 14(1), 16(a) (b) and 18(2).

    Ladoja and Akanbi pleaded not guilty.

    Trial continues Thursday.

     

  • Jonathan’s ex-aide’s no-case submission gets new hearing date

    The Federal High Court in Lagos will on June 19 hear an application for a no-case submission filed by a former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs, Dr Waripamo-Owei Dudafa.

    EFCC arraigned Dudafa and Iwejuo Joseph Nna before Justice Mohammed Idris on 23-counts of conspiracy to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013.

    The prosecution closed its case on March 16, but the defendants opted to make a no-case submission.

    Read Also:Ekiti 2018: APC slams Jonathan for warning Buhari not to rig poll

    Dudafa’s counsel Gboyega Oyewole (SAN) served EFCC with his application on April 13, but the commission failed to respond on time.

    EFCC’s lawyer Rotimi Oyedepo Wednesday said the prosecution had finally filed its no case submission.

    He served Oyewole with a copy, but could not serve Nna’s lawyer Mr Ige Asemudara who was absent.

    Justice Idris adjourned for hearing by which time the defence counsel are expected to have filed their replies on points of law.

    A no-case submission is made by a defendant who seeks acquittal without having to present a defence.

    The defendants allegedly concealed N1.6billion through a company, Seagate Property Development and Investment Ltd, an  offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 17(a).

    They were also accused of knowingly concealing proceeds of crime through Avalon Global Property Development Company Ltd in the sum of N 399, 470,000.00, among others.

    EFCC said Dudafa “procured” Nna and Ebiwise Resources to conceal N150million being proceeds of crime.

    Other companies allegedly used in laundering the money include Pluto Property And Investment Company Ltd, Rotato Inter Link Services Ltd and De Jakes Fast Food and Restaurant Nigerian Ltd.

    EFCC said Dudafa failed to furnish any information in relation to N616, 526,506.70 allegedly held on his behalf by Seagate Property’s account: 7400046952 domiciled in Heritage Bank Ltd as required in page 20 of the Declaration of Assets Form.

    The prosecution said he also failed to disclose N305, 176,922.99 allegedly held on his behalf by Ebiwise Resource in a Heritage Bank account 1907938635; N64, 319,555.66 held on his behalf by Avalon Global in a Heritage Bank account 6001984078; N560, 000,000.00 held for him by De Jakes Fast Food in Guaranty Trust Bank account 0042308722, and N10, 253,246.85 held for him by Ibejige Services Ltd in an account numbered 6001983026 domiciled in Heritage Bank.

    The defendants pleaded not guilty and were granted bail.

  • Court adjourns bank’s N212m debt suit

    The Federal High Court in Lagos will on June 25 hear a suit by Diamond Bank Plc against Eko Akete Engineering and Construction Company Ltd.

    Justice Chuka Obiozor adjourned due to time constraints after the plaintiff’s counsel Ifeoma Odide informed him that the bank was ready for trial.

    The bank’s Ajah Branch Manager Stella Ekhator was present when the case came up, but the defendants were not represented.

    Diamond Bank is claiming N212, 052,898.22 from Eko Akete Engineering and its Managing Director Chief Fouad Ade Oki as at March 31, 2016.

    The bank said the sum represents principal and accrued interest arising from various facilities granted the firm and guaranteed by Oki.

    Diamond Bank is also claiming compound interest at 22.19 per annum on the sum from March 31, 2016 until judgment and thereafter at the rate of 15 per cent per annum until final liquidation of the judgment sum.

    Read Also:Court to Buhari: Order EFCC, others to release report on budget padding

    The plaintiff is praying for an order permitting it to retain ownership and control of the defendants’ fixed and floating assets “until the final liquidation of the requested sum with interest or until the charged property and assets are sold”.

    The bank said it approved the defendants’ request for a term loan facility of N75million for the purchase of heavy duty equipment and to fund the construction of Suleimon Soderu bypass in Ikorodu area of Lagos, at an agreed 21 per cent interest.

    The plaintiff said it later granted two other loan facilities of N36million and N55.5million to the defendants, adding that the defendants utilised the facilities, but refused to fund its account.
    Diamond Bank said the firm requested for extension of the loan facilities totaling N96, 124,118.90 to enable it meet its increasing obligations and liquidate the indebtedness, which was granted.

    The bank said despite granting an extension of the outstanding loan facilities and not charging a late penalty fee of one per cent, the firm “still failed, refused and neglected to settle its outstanding indebtedness to the plaintiff.”

    The plaintiff said it wrote the firm on February 27, 2015 demanding full payment of the total outstanding sum of N160.4million, yet the first defendant “still failed, refused and neglected” to pay the debt.

    The bank said a law firm, Jurislaw, which it engaged to recover the debt, also wrote to the firm on June 1, 2015 and to Oki on October 7, 2015, yet they allegedly refused to liquidate the debt.
    “As at March 31, 2016, the first defendant’s outstanding debt on the loan facilities plus accrued interest was N212, 051,898.22,” the bank said.

    Trial has commenced in the case, but the defendants are yet to file their responses.

  • Alleged N2.1bn fraud: Prosecution closes case in Dokpesi’s trial

    …Defence plans no case submission

     

    The prosecution in the alleged N2.1billion fraud trial involving businessman, Raymond Dokpesi, and his firm, Daar Investment and Holdings Company Limited, announced the closure of its case Monday after calling 14 witnesses.

    Lead prosecution lawyer, Oluwaleke Atolagbe made the announcement after his 14th witness; Usman Aliyu concluded his testimony before a Federal High Court in Abuja.

    An operative of the Economic and Financial Crimes Commission (EFCC), Aliyu gave details of his “analysis” of the N2.1bn allegedly paid unlawfully to Dokpesi and Daar by the Office of the National Security Adviser (ONSA) in 2015.

    Aliyu said his findings revealed that Dokpesi allegedly spent the money to acquire personal assets. He said there was no basis for the payment of the N2.1bn to the defendants.

    Aliyu said, “My investigation bordered on the N2.1bn received by Daar Investment and Holdings from the Office of the National Security Adviser, without any due process followed and without carrying out any contract for the Office of the National Security Adviser.”

    The witness was made to read from a document the various transactions relating to the transfers of various sums of money to beneficiary companies from the N2.1bn allegedly paid by ONSA into Daar’s accounts.

    According to Aliyu, “all the money paid to Archisynthensis Limited was for renovation and construction work at the home of Dr. Raymond Dokpesi at Agenebode in Edo State and Daar’s office in Asokoro, Abuja.”

    Under cross-examination by lead defence lawyer, Kanu Agabi (SAN), the witness accepted the defence’s suggestion that funds in ONSA’s account with the Central Bank of Nigeria (CBN) were not proceeds of crime.

    He also said, “There is no reason for the defendants to have received any funds from the National Security Adviser.

    “The payment was made without any process being followed and without any contract executed.”

    Aliyu agreed with the defence that the defendants had “no control” over the procedure of payments by the NSA office.

    Read Also:Dokpesi to Lai Mohammed: Retract calling me looter or face N5b lawsuit

    At the conclusion of Aliyu’s evidence, after he was cross-examined by Agabi, Atolagbe told the court that the prosecution would close its case.

    Agabi said the defence intends to make a no-case submission, in which it would argue among others, that the prosecution has not led sufficient evidence linking it to the offences charged and warrant it being called to enter a defence.

    The defence will then pray the court to dismiss the charge and set the defendants free.

    The trial judge, Justice John Tsoho directed the defence to file its no-case submission within 21 days.

    Justice Tsoho equally asked the prosecution to file it’s response within 21 days from the day it is served with the defendants’ no-case submission.

    He also directed that the defendants would have 14 days to further reply from the day they are served with the prosecution’s response to the no-case submission.

    The judge adjourned to October 4 for parties to adopt their written submissions for and against the no-case submission.

    Dokpesi and Daar arraigned by the EFCC on charges of money laundering and procurement fraud to the tune of N2.1bn, which they allegedly received from ONSA between January and March 2015.

    They were accused of receiving the N2.1bn from ONSA, when Sambo Dasuki was in the National SecurityAdviser, as payment for a “purported contract on presidential media initiative”.

    The prosecution also alleged that Dokpesi and Daar received the N2.1bn from ONSA to prosecute the 2015 presidential media campaign for the People’s Democratic Party (PDP).

    It claimed that the payment was in breach of the provisions of the Public Procurement Act, Money Laundering (Prohibition) Act and the EFCC (Establishment) Act.

  • Court orders forfeiture of vessel, cargo seized from convicts

    The Federal High Court in Lagos Monday ordered the forfeiture of 600,000 litres of diesel (Automotive Gas Oil) and a vessel, which were recovered from 12 convicts, to the Federal Government.

    Justice Mohammed Idris made the order after he sentenced the convicts to six years imprisonment for dealing in the petroleum product without license.

    The Economic and Financial Crimes Commission (EFCC) in October 2015 arraigned them on four counts of conspiracy, dealing in diesel without lawful authority and forgery.

    They are Christopher Okorie, John Mbah, Tammy Bami, Osi Prince, Chukwuji Festus, Kabiru Adeyemo, Ayannubi Moses, Sopuruchukwu Chukwudi, Obinna Ebu, Abdullahi Oyelade, Charles Ubey and Achia Vincent.

    Read Also:Alleged money laundering: Court ends Metuh’s defence

    They were accused of forging a Department of Petroleum Resources (DPR) permit.
    EFCC charged them along with their vessel, MV PSV DEBY, and two companies – Phonic Marine Services Limited and Banquet Chambers Nigeria Limited.

    Justice Idris convicted them on all the counts. On the first and second counts, he sentenced each of the convicts to five years imprisonment.

    On counts three and four, the judge sentenced them to six years’ imprisonment, all of which he said would run concurrently.

    Prosecuting Counsel Ekene Iheanacho said the convicts committed the offence between December 2014 and September 2015 in Lagos.

    EFCC said the 12, with intent to defraud, “forged a document, to wit: Permit to Operate as an Oil Industry Service Company; Specialised Category; Permit No. DPR/OGISP/14/848714/N4146, and purported the permit to have been issued by the Department of Petroleum Resources in order to favour Phonic Marine Services.”

    The offence contravened sections 1(2)(c), 1(17)(b) and 3(6) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004.

    Six witnesses, including DPR, Navy and EFCC officials testified for the prosecution.

    Justice Idris held that the prosecution proved its case beyond reasonable doubt.

    He ordered the vessel, MV PSV DEBY, and the cargo on board be forfeited to the Federal Government.

  • Breaking: Court remands Ize-Iyamu, Orbih, others

    A Federal High Court sitting in Benin City has remanded Pastor Osagie Ize-Iyamu, Chief Dan Orbih, a former Deputy Governor, Mr, Lucky Imasuen, a former member of the House of Representatives, Tony Azegbemi and Efe Anthony to prison custody.

    They are to remain in prison pending when they meet their bail applications.

    Read Also:EFCC may re-arrest Pastor Ize-Iyamu

    Pastor Ize-Iyamu and others were arraigned on Thursday by the Economic and Financial Crimes Commission on eight count charges of laundering the sum of N700m.

    Justice P.I Adjokwu remanded them to prison custody after rejecting a plea by Counsel to Ize-Iyamu, Charles Edosomwan that they be kept in the custody of the EFCC.

     

    Details later….

  • N950m Fraud: Shekarau, Wali, other granted bail

    …as police disperses supporters with tear-gas and live bullets

     

    There was pandemonium Thursday around the Federal High Court Kano on Court road shortly after the former minister of Education,l Malam Ibrahim Shekarau, Ambassador Aminu Wali and the Director general of Ex-president Good Luck Jonathan Engr. Munsur Ahmad were granted bail during which scores were injured.

    Confusion started when supporters of Shekarau attempted to forcefully the security to gain entrance into the court premises, suddenly to a counter reaction from the police by shooting live bullets sporadically into the air to scare them.

    The rampaging security operatives later extended their counter attack by shooting canisters of tear gas into the court premises where lawyers, journalists and court staffs scampered for safety.

    The security men who did not stop at that further went berserk, beating up everyone on-sight with the butt of their gun as well as flogging anyone who challenges their decision of shooting tear gas into the court premises.

    Read Also: N950m Money Laundering: Shekarau, two others quizzed, released by EFCC

    In the submission of the counsel to the EFCC JA Ojogbane, before Justice Zainab Abubakar, opposed the bail application of the Defence counsel, insisted that the affidavit submitted for bail application was against section 155 of the evidence act noting that, there was no bail application before the court. Council to the accused, Ologunnorisa SAN who did not opposed the argument of the prosecution counsel to open trial however seek the leaf of the court for bail application.

    The defence counsel who relied on section 163’of the administrative of criminal justice act in a ten paragraph affidavit insisted that the offence is bailable.

    After listening to the arguments of both counsels, the presiding judge Justice Zainab Abubakar Kagi stood down the precedings for about 40 minutes before rulings.

    The Judge the recess granted the accused bail on six conditions and should be remanded at EFCC custody pending when they satisfactorily fulfill the bail conditions.

    The six conditions include, one hundred million naira each, two suretees one, with landed property within the jurisdiction of the court. The landed property must have a C of O and must be verified by the ministry of land and deposited with the court registrar. The second surety must be a civil servant not below the rank of a director. That the accused should submit their international passport with the registrar and two copies of recent passport sized photographs.

    The three accused persons, are standing trial for six count charges bordering on money laundering an offence committed contrary to section 18(a) of money laundering prohibition act of 2011 as amended.

    The accused however, pleaded not guilty to the six charges.

    The case has been adjourned to June 26