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Tag: Federal High Court

  • Judge strikes out money laundering charge against Nnamani

    Judge strikes out money laundering charge against Nnamani

    Justice Chuka Obiozor of the Federal High Court in Lagos yesterday struck out the money laundering charge filed against former Enugu State Governor Chimaroke Nnamani.

    He expunged the entire proceedings before him, including the bench warrant he issued for Nnamani’s arrest.

    Justice Obiozor ruled that the case was re-assigned to him in error as there was no valid charge before him.

    “All proceedings in this matter are hereby struck out and expunged,” he ruled.

    Justice Obiozor ruled based on an oral application by counsel for the Economic and Financial Crimes Commission (EFCC) Kelvin Uzozie.

    The case was before Justice Mohammed Yunusa, who was transferred to another division before being suspended by the National Judicial Council (NJC).

    Justice Yunusa had ordered Nnamani’s companies to forfeit their multi-billion naira assets to the Federal Government following a plea bargain with the EFCC.

    But, the case retained the same suit number, and was later transferred to Justice Obizor, where Nnamani’s trial was supposed to continue.

    Yesterday, Uzozie said the EFCC would prefer to file a fresh charge against Nnamani.

    “It is better to file a new charge rather than amend the charge before this court. The new charge will be against the first and second defendants and will have a new suit number.

    “Our position is that if we amend this charge, it will not be tidy. We’ve made a recommendation to our client. We pray that the charge be struck out to enable us file a fresh charge,” Uzozie said.

    The prosecuting counsel added that the right application to make was to ask that the entire proceedings be nullified since “there was no charge before this court to be struck out”.

    “My request is that the proceedings be set aside with liberty to the prosecution to file a new charge,” Uzozie said.

    Nnamani’s lawyer Chief Rickey Tarfa (SAN) urged the court to strike out the charge and to discharge the bench warrant issued against his client.

    “As at the time the matter was re-assigned, there was really no case that was alive,” he said.

    Ruling, Justice Obiozor expunged the entire proceedings, adding: “This charge ought not to have been re-assigned to this court.”

  • Malabu Oil scam: Court adjourns case until April 23

    Malabu Oil scam: Court adjourns case until April 23

    The Federal High Court, Abuja, on Tuesday adjourned all three suit relating to the alleged Malabu Oil I.1 million US dollars until April 23.

    In one of the suits, the prosecution had filed an oral application seeking a leave to file a written motion to withdraw charges against some of the defendants.

    In the other second leg of the suit, four out of the 10 defendants had filed notices of preliminary objections on the charges leveled against them.

    The judge, Justice John Tsoho, who eventually consolidated the motions, held that the court required quality time to peruse through the issues raised in order to deliver a water tight ruling on them.

    The News Agency of Nigeria (NAN), reports that hearing of the third leg of the suit, with five defendants, was also stalled due to absence of some of the parties.

    The judge, however, ordered the prosecution to again serve the defendants, who were not in court, with the fresh hearing notice.

    The Economic and Financial Crimes Commission (EFCC) on March 3, 2017, filed a three-count charge against two multinational oil firms, Shell and ENI, for their roles in the alleged Malabu Oil scam.

    The EFCC also in December, 2017 filed related charges against two former Nigerian ministers, Mohammed Adoke, and Dan Etete, and others, after concluding investigations on the 2011 controversial‎ sale of OPL 245.

    The alleged fraud committed by the ex-Nigerian officials and officials of the oil firms, has also led to investigations and charges in Italy.

    The EFCC had also secured a court order, ensuring the return of the OPL 245 to the Nigerian government, pending the determination of the court cases against the defendants.

    NAN recalls that all the defendants had denied any wrong doing.

    NAN

  • Updated: COSON loses suit to stop MCSN as collecting society

    Updated: COSON loses suit to stop MCSN as collecting society

    A Federal High Court in Lagos has held that the Musical Copyright Society of Nigeria (MCSN) is an authorised Collective Management Organisation (CMO) for musical works and sound recordings in Nigeria.

    Justice Ibrahim Buba gave the ruling Tuesday in a suit filed by the Copyright Society of Nigeria (COSON) Ltd seeking to stop MCSN from operating as a CMO.

    The judge held that MCSN was validly authorised by the Nigerian Communications Commission (NCC) to collect royalties on behalf of artistes.

    The court also ruled that contrary to COSON’s claim, the NCC is authorised to approve more than one CMO to collect royalties for artistes.

    In another instance, Justice Buba held that Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), lawfully directed NCC to withdraw the cases it filed against the MCSN.

    He dismissed for want of merit, COSON’s entire suit against first defendant MCSN, second defendant NCC and third defendant, the AGF.

    The judge, however, vowed to report MCSN’s counsel, Romeo Michael, to the Legal Practitioners’ Disciplinary Committee for alleged abuse of court process.

    Earlier, Michael brought an application seeking to stall the judgment, but Justice Buba suo moto ruled against the motion, describing it as a ploy to arrest the day’s business.

    The judgment brings to an end several controversies surrounding the case.

    COSON filed the suit marked FHC/L/CS/1259/2017 last April, seeking a declaration that NCC failed to comply with Section 39(2) (d) of the Copyright Act 2004 and Copyright (CMO) Regulations 2007, when it registered MCSN.

    It prayed the court to hold that the registration was thus void “ab initio and of no effect whatsoever.”

    It also sought, among others, a perpetual injunction restraining NCC from approving MCSN as a CMO.

    This was opposed by the defendants.

    Following hearing, judgment in the suit was slated for last December 6, but it was subsequently adjourned till December 14.

    However, on December 14, Justice Buba announced that the case file had been taken from him and that he had no choice but to adjourn the judgment indefinitely.

    But on Monday, the parties were notified that judgment would be delivered Tuesday.

     

    Read Also: COSON rejoices as case file returns to Justice Ibrahim Buba

  • Court orders PDP to obey judgment on Ogun leadership 

    Court orders PDP to obey judgment on Ogun leadership 

    The Federal High Court in Lagos Friday ordered the People’s Democratic Party (PDP) to recognise the Adebayo Dayo-led executive in Ogun State.

    Justice Mohammed Idris held the executive’s tenure will not expire until May 2020.

    The PDP in Ogun has been embroiled in leadership tussle, leading to factions and crisis.

    The suit was filed by a member of the PDP National Working Committee, Alhaji Adewole Adeyanju, Ogun State Youth Leader Femi Alao, “national delegates” for Sagamu and Ijebu North Local Government Areas Idris Muniru and Chief Tuke Omotara, chairman of Ijebu East LGA Badejo Abiodun and chairman of Sagamu LGA Kola Akinyemi.

    They sued for themselves and on behalf of “PDP Ogun State Delegates to the National Convention”.

    The defendants include the Independent National Electoral Commission (INEC), PDP, Tunde Odanye, and others.

    The plaintiffs urged the court to hold that there was a subsisting and binding judgment and orders of the Federal High Court in Lagos and Abuja delivered and issued on June 24, 2016 and on August 10 last year.

    The plaintiffs said by virtue of the court verdicts, only they were entitled to attend and participate in PDP conventions.

    They urged the court to restrain the PDP Caretaker Committee in Ogun State from usurping the plaintiffs’ functions as “authentic officers of the Ogun PDP Executive Committee” led by Chief Adebayo Dayo.

    Justice Idris, in his verdict, dismissed the defendants’ objection on the ground that the plaintiffs are beneficiaries of the judgement delivered by Justice Ibrahim Buba in a suit no FHC/L/CS/636/2016.

    Justice Buba had held that the tenure of the Adebayo Dayo led executive subsists until May 2020.

    Affirming the judgment, Justice Idris directed INEC and the PDP (first and second defendants) to obey Justice Buba’s orders.

    The court also nullified the congresses which were held in defiance to Justice Buba’s judgement and orders.

    “The decision of a court of competent jurisdiction is binding on all parties concerned until set aside by either Court of Appeal or the same court that made the order if found that it was made in error.

    “I am not in agreement that the decision of my learned brother Justice Buba is in conflict with the decision of the learnt law lords of the Supreme Court.

    “All objections are overruled. Parties are bound by the judgement of this court delivered by Buba J. and everybody should obey a judgement of court until set aside,” Justice Idris held.

    The court nullified the appointment of Odanye and others as Ogun State PDP Caretaker Committee, saying their appointment was contrary to Justice Buba’s judgment which affirmed Adeboyo Dayo led exco.

  • EFCC charges Goje, others with N5b fraud

    EFCC charges Goje, others with N5b fraud

    The Economic and Financial Crimes Commission (EFCC) has filed an amended N5billion fraud charge against former Gombe State Governor Alhaji Danjuma Goje at the Federal High Court in Gombe.

    He is charged along with Alhaji Aliyu U. El-Nafaty, S.M. Dokoro Gombe (aka S.M Dokoro) and Alhaji Sabo Mohammed Tumu.

    The defendants are yet to be arraigned.

    The charge, numbered FHC/GM/33C/2011, was filed by EFCC counsel Mr Wahab Shittu.

    EFCC said Goje, between September and November 2010, allegedly forged a document titled: Resolution authorising His Excellency the Executive Governor of Gombe State to acquire loan of N5,000,000,000.00 only, with Ref. No: GM/HA/RES/VOL. 1/17.

    The commission said the resolution was purportedly signed by Clerk of the Gombe State House of Assembly Shehu Mohammed Atik.

    It was claimed that the resolution arose from the House of Assembly’s proceedings, Shittu said.

    The prosecuting counsel alleged all the information was false.

    He said the intent was for the forged document to be used or acted upon as genuine by Access Bank Plc.

    EFCC said the bank acted on the resolution in the belief that it was genuine in approving a N5billion facility to the state for infrastructural projects.

    EFCC said Goje, between November2, 2010 and February 24, 2011, transferred the N5billion “allocated strictly for infrastructural projects to other purposes unconnected with infrastructural projects”.

    The commission said the money was allegedly transferred to several individuals and corporate bank accounts as reflected in Gombe State Government Account No. 0003273131 and 0003273227 with Access Bank.

    Shittu said they were acts of illegality, aimed at concealing the illicit origin of the money with a view to evading the illegal consequences of Goje’s action.

    The offence, the lawyer said, contravenes Section 14 (1)(a) of the Money Laundering (Prohibition Act) 2004 and is punishable under Section 14.

    EFCC said the former governor transferred the money “without appropriation”, the sum “being facility obtained from Access Bank Plc for infrastructural projects, being an illegal act, concealing the illicit origin with a view to evading the illegal consequences of your action thereof”.

    In the 20-count charge, Goje was accused of transferring N21,874,260.62 to his cousin Tumu “for the supply of food items to Gombe State Government House”.

    EFCC said he “reasonably ought to know that the contract for the said food supplies awarded to the said Alhaji Sabo Mohammed Tumu was not the outcome of any competitive bidding process in accordance with the Due Process Guidelines contained in the due process circular reference No. GO/CS/S/MEM/VII/358, dated 25th February, 2008, adopted by your administration”.

    Tumu was accused of laundering the sum in the name of supplying food items to Gombe State Government House when he knew or reasonably ought to know that the contract was not the outcome of any competitive bidding process.

    Dokoro was accused of transferring, without reasonable excuse, 50 units of Toyota Hiace Buses owned by Gombe State Government valued at N242, 500,000.00 to government functionaries rather than by public auction.

    EFCC said it was at a “gross undervalue of N22million as a reward with intent to confer undue advantage on the said public officials from bidding at a public auction”.

    Goje and El-Nafaty were accused of mismanaging N1.6billion Universal Basic Education Commission (UBEC) and State Universal Basic Education Board (SUBEB) funds earmarked for award of contract to Real Integrated and Hospitality Ltd for the supply of 1.4 million dictionaries to primary and junior secondary schools.

    The amended charge, Shittu said, has been filed and served on the accused persons.

    According to him, plea is likely to be taken on the next adjourned date, which is April 10 and 11.

  • Court adjourns case challenging Zakzaky’s IMN ban till March 22

    Court adjourns case challenging Zakzaky’s IMN ban till March 22

    A Federal High Court sitting in Kaduna has adjourned to March 22 hearing on the suit filed by the Sheikh Ibraheem Zakzaky led Islamic Movement in Nigeria (IMN) against Kaduna State government, challenging the ban of the movement in the state.

    Presiding Judge, Justice A. Shuiabu said the adjournment became necessary to enable counsels to the state government and the Directorate of State Security (DSS) prepare their final affidavit.

    Counsel to IMN, Barrister A. U Ajodo stated that the counsels to the government and DSS submitted their response to the case on Thursday and that he would need time to peruse it before reacting adequately.

    According to him, “lawyers to the government, governor and the DSS just submitted their affidavit this morning and I need to go through it”.

    It would be recalled that after the arrest of IMN leader, El-Zakzaky and some members of the group by the federal government for blocking the convoy of the Chief of Army Staff in Zaria. The state government through the governor Mallam Nasiru El-Rufai put a ban on the group’s activities in the state.

    The governor ordered that its members be arrested if they attempt to hold any form of rally or procession in the state. The IMN is in Court to stop the ban and harassment of its members by security operatives, citing freedom of religion and association, urging that with the ban in place, government will be infringing on their freedom as citizens.

    Assistant Director Public Prosecution, M.D Joseph, counsel to the state government and counsel to DSS, Barrister L.A Bulus and counsels to the Inspector General of Police and the Chief of Army Staff were all advised by Justice Shuaibu to get their acts straight when the case comes up for hearing in March 22, 2018, because he will not entertain excuses.

  • N5.5bn debt: Drama as billionaire businessman Otudeko testifies

    N5.5bn debt: Drama as billionaire businessman Otudeko testifies

    There was mild drama at the Federal High Court in Lagos Thursday as chairman of Honeywell Group Dr Oba Otudeko escaped arrest by responding to summons to testify in his companies’ N5.5billion debt suit against Ecobank Nigeria Limited.

    Sporting his trademark Yoruba attire, Otudeko and his aides tried to prevent journalists from taking his photographs and videoing him as he left the court.

    There was also mild drama inside the courtroom as plaintiff’s counsel Olabode Olanipekun and Ecobank’s lawyer Divine Obinna Agbua repeatedly clashed.

    There were arguments between the lawyers on whether he could be examined, cross-examined and re-examined on his statement on oath.

    A scuffle broke out between some of Otudeko’s aides and journalists covering the proceedings.

    As his aides walked beside him out of the courtroom, they beat a quick retreat to the back of the building on sighting a TV camera.

    Otudeko tried to escape through the back gate but the camera man was ahead of them.

    The Honeywell chief and his group stood at a safe distance from the camera, but the TV reporter and cameraman stood at both exit points of the court premises. The move left Otudeko and his aides plotting the best means of escape.

    Some of the business mogul’s aides confronted the cameraman, asking him: “Why are you doing this?” while shielding their boss.

    There was a mild scrap when one of the aides tried to force the cameraman to stop recording the scene.

    Otudeko succeeded in leaving the court at about 11.40am in-between his aides who shielded him from the cameraman.

    On Wednesday, Agbua had told Justice Mohammed Idris that Otudeko ignored a court summons, which Otudeko denied.

    He said while in the witness box Thursday: “This is a first experience, and I am extremely delighted to be here to see all professionals in practice. I was away from Lagos, and only got a call from my officers who informed me of the position, and I came back yesterday (Wednesday).

    “I have great respect for the institution of the court, and so I have deposed to my witness statement and have filed it.”

    Agbua asked Otudeko to tell the court his names, occupation and address. The witness replied: “My name is Dr Oba Otudeko. I am a businessman. My place of business is at No 6, Mekuwen St. Ikoyi Lagos.”

    When asked about his professional qualification, Olanipekun objected, saying the proper practice was for the defence to lead the witness to adopt his written deposition.

    He added that the defence could not embark on a journey of questions, adding that after adoption, the plaintiff counsel was entitled to cross examine the witness.

    Agbua argued that the witness was a subpoened one, and so he was entitled to lead his witness in evidence without hindrance.

    “The witness in question is our witness. The question I put to the witness being an introductory question is allowed under the law, where he lives, works, his qualifications. To that extent, I submit that the objection to my line of questioning is preemptory,” he said.

    Justice Idris ruled overruled Agbua and held that the witness could only be led to adopt his witness statement.

    Agbua then declined to lead the witness to adopt his statement.

    During cross examination, Olanipekun asked the witness to tell the court: “Whether the then Managing Director of Ecobank was in attendance at the plaintiff’s office on July 23, 2013, when it was agreed that N3.5billion will be full and final settlement of the plaintiff’s debt.”

    Before the witness could respond, Agbua objected, arguing that since the witness’ statement was not before the court, he could not be made to answer questions on it.

    “We have gotten what we want and we do not want to lead the witness anymore. We hereby apply for his discharge,” Agbua said.

    Olanipekun made repeated efforts to cross-examine Otudeko, but Agbua continued to insist that a witness whose statement was not adopted in court could not be cross examined.

    Justice Idris adjourned until February 14.

  • EFCC’s witness to court: Oluwatosin Dokpesi got over N100m

    EFCC’s witness to court: Oluwatosin Dokpesi got over N100m

    The trial of businessman, Raymond Dokpesi resumed before a Federal High Court in Abuja Wednesday with a prosecution witness, Abubakar Madaki disclosing that Dokpesi’s  wife Oluwatosin received over N100m from the N2.1bn allegedly paid to DAAR Investment company by the office of National Security Adviser (NSA).

    Madaki, an investigator with the Economic and Financial Crimes Commission (EFCC), said investigation did not reveal the existence of any contract between Dokpesi’s company and the office of the NSA to have warranted the payment of N2.1b to the defendants.

    Dokpesi and DAAR Investment are being tried before Justice John Tsoho of the Federal High Court, Abuja by the EFCC for allegedly receiving N2.1b from the office of the NSA for an unknown contract.

    Madaki, who was led in evidence Oluwaleke Atolagbe, Wednesday, the witness Abubakar  Madaki  told the trial court that “there was no contract and no reason for the payments.”

    The witness gave details of how Dokpesi allegedly disposed the money paid by the office of the NSA.

    He said that the EFCC traced part of the fund from DAAR Investment’s account to the Presidential Debate Group.

    The witness said Dokpesi, who allegedly transferred the fund, claimed it was his contribution to the Presidential Debate Group.

    The payment was captured in a letter by Abuja Investment Company, which the court later admitted in evidence.

    The witness also named Alhaji Abubakar Jijiwa as one of the beneficiaries of the fund. He said Jijiwa confirmed, in his statement to investigators, that the N100m was given to him from the fund, as a soft loan, although the 1st defendant allegedly claimed that Jijiwa was paid as a resource person.

    Madaki said one Timawus Martins was paid N20m, as a resource person, while Matthias, a staff of AIT Yola office received N8.1million as payment for political jingles .

    The witness also told the court that Mathias, who was in charge of Yola office of AIT, received N4.5m as compensation for his vehicle that had an accident.

    He added: “The sum of N4.3m and N2.3m was used for extension of electricity installation for AIT office in Yola and another N1.3m for borehole in AIT office in Yola.”

    Madaki also named Mrs Oluwatosin Dokpesi, who he said got over N100m and  “other various sums.”

    He also told the court that two personal assistants to the 1st defendant (Dokpesi),  Gabriel Agoyin and Godfrey  Usifoh, received N40m and N30m.

    He said the EFCC obtained responses from  Silverbird, Punch newspaper,  Guardian newspapers, Kiss Fm, Voice of Nigeria (VON), Capital FM, Leadership newspapers, Abuja Broadcasting, Media Trust and Nigerian Pilot Newspapers.

    The court later admitted the letters from media houses as exhibits.

    Madaki said when the EFCC wrote the Bureau of Public Procurement (BPP) to ascertain if there was a contract for which the money was paid; BPP responded that there was no contract and no reason for the payments.

    The witness, who concluded his evidence-in-chief Wednesday will be cross-examined by the defence when proceedings resumes in the case on March 9.

     

  • Court jails labourer for trafficking cannabis

    Court jails labourer for trafficking cannabis

    A Federal High Court sitting in Lagos on Monday, sentenced a 23-years-old labourer, Musa Danjuma, to one year imprisonment, for trafficking in 350g of Cannabis Sativa, also known as `Hemp’.

    The National Drug Law Enforcement Agency ( NDLEA ), on January 29, arraigned the convict on a one count charge of trafficking Hemp.

    Danjuma pleaded guilty to the charge.

    The prosecution said that Danjuma was arrested on September 13, 2017, at Ajao Estate in Lagos, with 350kg of the narcotics.

    He said the offence contravened the provisions of Section 11 (c) of the NDLEA Act, Cap N30, Laws of the Federation, 2004.

    Read also: Court remands Ondo monarch, four others for alleged stealing

    The prosecutor, Mr Jeremiah Aernan, after Danjuma’s plea of guilt, reviewed the facts of the case before the court and led one prosecution witness in evidence.

    He tendered in evidence, a written statement of the accused, a request for scientific aid form, and a bulk of the exhibit.

    Aernan, thereafter, closed the case for the prosecution, and urged the court to sentence the accused in accordance with section 356 (2) of the ACJA 2015, and based on evidences adduced.

    At the resumed hearing, Justice Oluremi Oguntoyinbo, found the accused guilty as charged and accordingly, convicted him.

    The convict, who was not represented by a lawyer, pleaded for mercy and asked the court to give him a second chance to make amend.

    Oguntoyinbo sentenced the convict to one year imprisonment and held that the sentence would commence from the date of his arrest.

    “The convict is hereby, sentenced to one year imprisonment, to be calculated from the date of his arrest.

    “The drug exhibits are to be returned to the NDLEA for destruction,” she held.

    NAN

  • Oyo to hold Council Polls May 12

    Oyo to hold Council Polls May 12

    Following the lifting of a Federal High Court injunction stopping the conduct, the Oyo State Independent Electoral Commission on Friday said elections into the 33 Local Government Council Areas and 35 Local Council Development Areas will hold on Saturday, May 12, 2018.

    It added that all registered party with the Independent National Electoral Commission (INEC), the apex electoral body would be expected to participate in the election.

    Chairman of the Commission, Jide Ajeigbe, accompanied by the commissioners and management team made the disclosure during a press conference which held at the Commission’s headquarters, Agodi, Ibadan.

    Council elections last held in the state on December 15, 2007, during the tenure of the former Governor Christopher Alao-Akala.

    If the election held as planned, it would be the first since the tenure of the Governor Abiola Ajimobi led All Progressive Congress (APC) led administration.

    Recounting a similar announcement made a year ago to roll out the timetable to conduct the polls, Ajeigbe lamented that the court injunction by some stakeholders put all the arrangements and plans for the polls on hold.

    Reiterating the Commission’s unwavering commitment to conducting a free, fair and credible election in the state, the chairman maintained that such can only be possible under a peaceful and conducive environment in which the pressmen, as well as other stakeholders, have a greater role to play.

    He solicited for a good, balanced and unbiased reportage of the activities of the commission.

    Assuring the people of the state of the Commissions commitment to be an impartial and unbiased umpire, Ajeigbe appreciated all the stakeholders for their patience, continuous co-operation, understanding and support.

    He, however, appealed to the various stakeholders to work hard, remain focus and play by the rules to ensure a free, fair and credible election, urging them to also peaceful in their conduct and mobilization of their members.