Tag: Federal High Court

  • Court modifies orders freezing accounts without BVN

    Court modifies orders freezing accounts without BVN

    A Federal High Court in Abuja Wednesday modified the order it made on October 17 this year for interim freezing of bank accounts who owners have not registered for the Bank Verification Number (BVN)

    The court, which had stayed further operation of such accounts pending the determination of a case pending before it, has now said the accounts could be operated once the owner registers for BVN.

    Justice Nnamdi Dimgba announced the modification Wednesday after parties in the case agreed that as presently couched, the order creates an awkward and unfortunate result such that even when account owners have got their BVN, they still will not be able to operate the accounts because doing so will be in violation of the order of court.

    Parties in the case also agreed that the said Relief No 4 should be revised to eliminate this problem, in the interim.

    In a ruling, Justice Dimgba said: “Having listened to all counsel on record, and with the consent of all parties represented, I hereby revise Relief No 4 of the court’s order of 17/10/17 such that the new Relief No 4 shall be:

    “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”.

    In view of the above agreed compromise revision of Relief No 4, I also hereby revoke and set aside Relief No 5 of the Court’s Order of 17/10/17, which provides for:

    “AN INTERIM ORDER of forfeiture of the monies in the said accounts without BVN to the Claimants/Applicants being accounts with insufficient Know Your Customer (KYC) guidelines contrary to Section 3 of the Money Laundering Act, 2011 and CBN guidelines the determination of the Originating Motion on Notice,” the judge said.

    As as yesterday, none of the 19 commercial banks listed as defendants in the suit complied with the court’s order that they provide information about accounts without BVN in their custody.

    They only filed a motion challenging the court’s jurisdiction.

    Earlier in the proceedings, lawyer to 18 of the 20 banks listed as defendants in the suit, A. A. Adegbonmire (SAN) said his clients have filed an application, challenging the court’s jurisdiction to have made the order of October 17.

    He said the plaintiffs served him with their response yesterday, which he needed time to react to.

    Adegbonmire urged the court for an adjournment, which was not objected to by Joseph Tobi (for the plaintiffs).

    The judge consequently adjourned further proceedings to December 11.

    The Federal Government and the Attorney General of the Federation had filed the suit, querying among others, the continuous retention of accounts without BVN by banks.

  • 62-year-old jailed five years over possession of hard drugs

    62-year-old jailed five years over possession of hard drugs

    A Federal High Court sitting in Jos on Wednesday sentenced a 62-year-old man,  Hycinth Njoku, to five years imprisonment for unlawful possession of hard drugs.

    Njoku was sentenced after he pleaded guilty to the crime and begged for leniency.

    Mrs. Ramatu Oketola, prosecution counsel to the National Drug Law Enforcement Agency ( NDLEA ), had told the court that Njoku, a resident of New Layout Quarters in Bokkos, Plateau State, was arrested on July 27, by NDLEA officials.

    Oketola told the court that the suspect was being tried on a one-count charge of unlawful possession of hard drugs.

    She tendered 65g of Cannabis and 29.7g of Tramadol, both similar to cocaine and other narcotic, as exhibits.

    “My lord, the suspect’s offence contravened Section 19 of NDLEA Act, Cap. N30 Law of the Federal Republic of Nigeria 2004 ( as amended ),” she stated.

    Oketola further told the court that the suspect was a second offender, having been jailed by a law court some years back. Njoku promptly confirmed the lawyer’s claim.

    Justice Dorcas Agishi, in her judgement, sentenced Njoku to five years imprisonment without an option of fine.

    “For being a second offender, I hereby sentence you to five years imprisonment without an option of fine, to serve as a deterrent to others.

    “The law will take its course considering your age and your resolve to be a notorious drug dealer, ’’ the judge said.

    Justice Agishi ordered that the hard drugs tendered as exhibits be burnt by the NDLEA within 30 days after the judgment.

  • How Oronsaye, Maina diverted pension funds, by EFCC

    How Oronsaye, Maina diverted pension funds, by EFCC

    A Federal High Court in Abuja heard Tuesday how huge sums belonging to pensioners were allegedly diverted by former Head of Service of the Federation (HOSF), Stephen Oronsaye and former Chairman, Presidential Task Force on Pension Reforms, Abdulrasheed  Maina through phoney contracts.

    An operative of the Economic and Financial Crimes Commission (EFCC), Rouqayya Ibrahim said pension funds were allegedly diverted by the duo through various companies.

    Rouqayya spoke Tuesday while testifying as a prosecution witness in the trial of Orosaye, the Managing Director of Fredrick Hamilton Global Services Limited, Osarenkhoe Afe and the company on a 24-count charge bordering on stealing and obtaining money by false pretence.

    They are alleged to have been involved in several contract awards during Oronsaye’s tenure as HOS.

    The prosecution alleged the fraud, involving about N2 billion, was allegedly perpetrated using firms like Cluster Logistic Limited, Kongolo Dynamic Cleaning Limited, Drew Investment and Construction Company Limited, and Xangee Technologies Limited.

    Led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), Rouqayya said in the course of investigations, the EFCC requested for payment mandate from the office of the Head of Service (HOS).

    She said: “We analysed the mandate, obtained necessary information like bank account numbers, and then requested for the account statements from the banks,” she said.

    She stated that the analysis revealed a company, Xangee Technologies Limited, which she noted, was already being tried before Justice Abubakar Talba of the High Court of thr Federal Capital Territory (FCT), Gudu, for alleged pension fraud.

    The witness said: “We discovered that the company received payment of more than N183 million for biometric enrolment, but there was no biometric contract executed by the company, instead the money was withdrawn cash, converted to US dollars and handed over to Abdulrasheed Maina, through his brother, Khalid Biu,”

    She added that three other companies – Mofshad Ventures, Mofshad Limited and Kombosko Nigeria Limited, received more than N400 million for non-existent contracts.

    The witness said: “We discovered that the three companies were associated with one Emmanuel Olanipekun, who is also currently standing trial, and one Chidi, also standing trial, and the monies were withdrawn in cash with part of it given to Mr. Oronsaye.”

    She said investigation of the pension account in Union Bank showed that there was a letter, instructing that the money be transferred to another pension account.

    “We saw another letter on it, on which there was a minute and instruction from Mr. Oronsaye, to transfer about N113 million to a Unity Bank account belonging to the State House, which we discovered he was the sole-signatory.

    “As at the time the transfer was made in 2010, Mr. Oronsaye had ceased to be the Principal Secretary in the State House and had become the Head of Service. We discovered that the monies were withdrawn through cheques, but all efforts to get the person to whom they were issued to, was unsuccessful, and Mr. Oronsaye could not explain the reason for the disbursement,” the witness said.

    Rouqayya further investigation of such suspicious transfers led investigators to discover six accounts in Fidelity Bank in the name of Faizal Abdullahi, Mafisa Abdullahi, Kongolo Dynamic Cleaning Limited, Drew Investment and Construction Company Limited, and Cluster Logistic Limited.

    She said: “There was also another account in the name of Abdulrasheed Maina, and his brother, Biu, a staff of the bank, who opened the accounts and was the accounts officer.” She added that  after Biu resigned from the bank, Toyin Meseke, a staff of the bank took over as the account officer.

    The witness said: “We invited him for an interview and discovered that all the accounts were operated by Abdulrasheed Maina, even though his name, picture and signature were not anywhere in the opening account packages.”

    She said Maina operated the account mainly through text messages and emails, as “instructions regarding payment or withdrawal were sent to Meseke by text or email”.

    Rouqayya said forensic analysis of Meseke’s phone was carried out, which revealed how funds were fraudulently diverted from the account. She added: “The account officer will, after receiving instruction from Maina, convert the money to US dollars and deliver same to him in Dubai.”

    According to her, Maina, a former Chairman, Presidential Task Force on Pension Reforms remained at large.  She said Maina never showed up in the course of investigations, and deserted his known residence.

    The witness, who said investigations showed that Maina paid cash of $2 million to buy a house in Jabi, told the court that apart from the Interpol notice issued for Maina’s arrest, “we are still doing all we can, but yet to get hold of him.”

    Earlier, Jacobs tendered three statements made to EFCC’s investigators by Oronsaye, during the course of investigations. The statements were identified by Ibrahim and were admitted in evidence by the court when defence lawyers, Joe Agi (for Oronsaye) and Oluwole Aladedoye (for Afe and his company) failed to object.

    In reaction to complaint by Aladedoye that the EFCC was sponsoring media publications meant to prejudice the trial, the trial judge, Justice Gabriel Kolawole warned the EFCC to desist from such practice.

    The judge said he read some of the publications handed to the court by Aladedoye and found that the information were ascribed to the EFCC. He said that was the second time such incident would happen in the cases being prosecuted in his court by the EFCC.

    The judge warned that should such occur the third time, he would not hesitate to hands off the case and return the file to the court’s Chief judge to allow the EFCC try its cases and secure conviction through the media.

    Justice Kolawole said it was wrong for the EFCC to release documents, in relation to a case pending in court, to the media, even when such documents were yet to be tendered in court.

    He said he was not against the media covering court’s proceedings, but was not comfortable where publications are made to prejudice pending proceedings.

    Justice Kolawole adjourned to December 5, 2017 for continuation of the judicial trial.

     

  • Court to rule on order seeking to quash IPOB proscription Jan. 17

    Court to rule on order seeking to quash IPOB proscription Jan. 17

    The Federal High Court, Abuja, has fixed Jan. 17, 2018 to rule on an application seeking to vacate an order of the court which proscribed the Indigenous People of Biafra (IPOB), describing it as a terrorist group.

    The Acting Chief Judge of the Federal High Court, Justice Abdul Kafarati, fixed the date to give his ruling after taking arguments from counsel.

    Arguing on behalf of the Federal Government, Mr Dayo Apata, the Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, urged the court to dismiss the application.

    Apata based his argument on the grounds that the activities of IPOB were such that no  sane government would overlook it.

    “The problem of Rwanda started with some people calling others cockroaches, and here is a group calling Nigeria a zoo, should the government wait and allow things to get out of hand before taking an action?”

    Counsel to IPOB, Mr Ifeanyi Ejiofor, on his part, prayed the court to vacate the order on the grounds that the order was granted in error.

    “The order was granted in error and fundamentally, we also discovered that the approval, as provided under Section 21 of the Terrorism Prevention Act, to be granted by the President of the country was not given in the first place.

    “The Chief of Staff to the President cannot sign a letter on behalf of the President and the Terrorism Prevention Act is very clear on that, that the President cannot delegate such powers to anybody.

    “So by the virtue of the fact that the approval which was purportedly granted by the President was signed by the Chief of Staff, it has rendered that process invalid and an order emanating therefrom should be null and void,” Ejiofor said.

    According to Ejiofor, the process for securing the order is fundamentally defective in law and the order should be vacated.

    On the argument by the government that IPOB imported illegal arms into Nigeria, Ejiofor said that there was no place in the documents front loaded before the court that linked his client to the arms.

    The News Agency of Nigeria (NAN) reports that the Federal High Court had on Sept. 20, granted an order declaring IPOB as a terrorist organisation.

    The order which was sequel to an ex-parte motion filed by the Attorney-General of the Federation, Mr Abubakar Malami, also proscribed the existence of IPOB throughout Nigeria.

    IPOB, through its counsel, filed an application challenging the order obtained by the government and also asked the court to quash the order.

  • SAN, ex-minister signed for ‘N450m Diezani cash’, says witness

    SAN, ex-minister signed for ‘N450m Diezani cash’, says witness

    The Federal High Court in Lagos Monday heard that a Senior Advocate of Nigeria (SAN) Mohammed Belgore and a former minister of National Planning Prof Abubakar Suleiman admitted collecting 450million in cash from Mrs Diezani Alison-Madueke without going through a financial institution.

    An Economic and Financial Crimes Commission (EFCC) investigator, Usman Zakari, said they also signed for the money.

    Under cross examination by Belgore’s lawyer Ebun Shofunde (SAN), he said: “The two defendants admitted signing the receipt of payment with which they collected the sum of N450 million. The first defendant (Belgore) particularly admitted disbursing the money.”

    However, Zakari said this was not contained in a statement he wrote at the end of his investigation.

    On the timeline of events leading to the defendants’ arrest, Shofunde asked: “Am I correct to say that the event leading to this charge took place between December 2014 to March 2015?”

    The witness responded: “No, it commenced from November 2014 to March 2015.”

    Shofunde then suggested: “I put it to you that at no time did the defendant admit to you that he collected the sum of N450million.”

    The witness replied that Belgore admitted appending his signature on the payment receipt.

    He denied a suggestion that the accused person did not admit making disbursement of the funds. “That is not correct,” Zakari said.

    On whether he confronted the accused with a list produced by Belgore on cash disbursement (exhibit seven), the witness replied: “I did not”

    Suleiman’s lawyer Chief Tunji Ayanlaja (SAN) asked Zakari: “Did you find anything incriminating against him (Suleiman)?” The witness said: “Yes, my Lord.”

    The SAN said: “The purpose of your investigation was to find things incriminating against him,” to which Zakari responded: “Yes.”

    The witness denied Ayanlaja’s suggestion that the money remained in the bank till March 28, 2015, saying: “That’s not correct”, before admitting that the bank would be in a better position to say when the N450million left.

    Prosecuting counsel Rotimi Oyedepo said EFCC intends to amend the charge to reflect Exhibit Seven.

    According to him, the amendment was necessary to accommodate all evidence at the commission’s disposal.

    “We intend to amend the charge in line with the Administration of Criminal Justice Act (ACJA) 2015 and the evidences with us. The law is that we can amend any time before judgment is delivered,” the lawyer said.

    EFCC said former Petroleum Resources Minister Alison-Madueke allegedly shared $115,010,000 (about N41.4billion) to different individuals in 36 states ahead of the 2015 general election.

    It accused Belgore and Suleiman of directly receiving N450million in cash from Alison-Madueke without going through a financial institution.

    They pleaded not guilty.

    The money they received, the commission said, was shared to electoral officers and others in Kwara State.

    The alleged offence contravened sections 1 (a), 16 (d) and 18 (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 16 (2) (b).

    Justice Rilwan Aikawa adjourned until November 24 for continuation of trial.

    Read Also: Court: Diezani’s application for trial in Nigeria bizarre, misconceived

  • Corruption charge: Justice Nganjiwa seeks transfer of case file to another judge

    Corruption charge: Justice Nganjiwa seeks transfer of case file to another judge

    Justice Hyeladzira Ajiya Nganjiwa of the Federal High Court, Bayelsa Division, has asked the Chief Judge of Lagos state, Justice Opeyemi Oke, to transfer his case file to another judge for trial.

    In the alternative, he sought a court order dismissing the charge which he said constitute double jeopardy against him.

    Justice Nganjiwa is facing a $260,000 and N8.65 million (totalling about N81, 705,000) corruption charge, brought against him by the Economic and Financial Crimes Commission (EFCC) before Justice  Adedayo Akintoye of Igbosere High Court.

    At resumed proceedings Monday, Nganjiwa through his counsel, Chief Robert Clarke (SAN), accused the trial judge of bias in favour of the prosecution.

    His counsel, Chief Clarke told the court that he has written a letter dated November 10, 2017 to the Administrative Judge seeking transfer of the matter to another judge.

    He said he has also filed an application objecting to trial of his client before the Judge.
    The prosecutor of the EFCC, Wahab Shittu, at this stage said he was not aware of the defendant’s application and was subsequently served in the court.

    In the letter, Clarke said “the trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts, facts of the charge
    against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.

    “In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to same opinion in the information against my client.

    “My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likely of bias”.

    Asked by the court to explain what he meant by bias, Clarke maintained that there is a presumption of bias by the trial judge in favour of the prosecution.

    “It is for the judge to decide if a prima facie case has been established against the defendant. But in the case, it is the Director of Public Prosecution (DPP) that is saying a prima facie case has been established.

    Clarke also told the court that their application before the court was brought pursuant to section 36(9) of the constitution and sections 173,175 and 216 of ACJL of Lagos State 2011.

    He said their application is supported by an affidavit containing all the facts of bias against his client.

    Clarke stated further: “Our main request is for this court to return the case file to the Chief Judge for purposes of re-assignment to another judge”, he said.

    In the alternative, he sought an order dismissing the charge on the ground that “the charge as filed constitutes double jeopardy against the defendant “.

    Clarke said: “there is a sister case before this court containing virtually all the allegations and particulars in this new case.

    “You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice must be done, but justice must be seen to have been done”

    In his response, EFCC prosecutor, Shittu described the application as a attempt to frustrate trial.
    He said the application was also contentious and should not be allowed.

    Shittu reminded the court of past attempts by defence to stall trial.

    “Your lordship, you cannot stay proceedings in a criminal matter.

    “The applicant is imputing bias merely on speculative conclusions that a case is pending before your lordship”,Shittu argued that there was no way the matter in the other matter involving Ricky Tarfa can influence the mattet before the court as no decision has been taken on it.

    He also asked the court to take judicial notice of the fact that the defendant is not on a joint trial with Tarfa in the other case NIR a witness in the matter.

    He contended that the defence has failed to lead evidence that the court will be bias in the matter.
    “The defence has not shown that your lordship has particular interest in the matter and that your lordship has no relation with the defendant.

    “Your lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.

    “It is speculative to say that the judge should hands off. The circumstances are different. The particulars are different.

    “There is no ground for the application from all parameters. So this application is premature. Anybody alleging bias must provide all the particulars, “he maintained.

    At this stage, Chief Clarke asked the court for a short adjournment to enable the Administrative Judge take decision on their letter, ” after all no court can transfer a judge without the approval of the Chief Judge “.

    Justice Akintoye has reserved ruling in the matter till November 22.

     

  • Breaking: Court orders Ndume ‘s reinstatement

    Breaking: Court orders Ndume ‘s reinstatement

    A Federal High Court in Abuja has voided the suspension of Senator Mohammed Ali Ndume (representing Borno South Senatorial District) since March this year.

    Justice Babatunde Quadri, in a judgment Friday, ordered Ndume’s reinstatement.

    The judge particularly ordered Senate President, Bukola Saraki and the Senate to ensure prompt payment of Ndume’s salaries and allowances.

    Read:  Court rules on Ndume’s suit

    The judge said the suspension was an exhibition of lawlessness on the part of the Senate because it was unlawful in the part of the Senate leadership to have suspended Ndume in the first place.

    The judgment was on Ndume’s suit marked: FHC/ABJ/CS/551/2017, with which he challenged his suspension for 90 days via a letter dated March 30, 2017

    Details later…

    Read Also: Ndume laments heightened humanitarian crisis in North East

  • Ex-NIA DG Oke fraudulently converted agency’s funds, says EFCC

    Ex-NIA DG Oke fraudulently converted agency’s funds, says EFCC

    The Economic and Financial Crimes Commission (EFCC) Thursday accused former National Intelligence Agency (NIA) Director-General Ayodele Oke of fraudulently converting the agency’s funds.

    It alleged that Oke’s wife, Folasade, used part of the funds to buy Flat 7B in Osborne Towers on 16 Osborne Road, Ikoyi, where large sums of foreign and local currencies were recovered.

    The Federal High Court in Lagos Thursday ordered the flat’s temporary forfeiture to the Federal Government.

    It will be permanently forfeited if no one turns up to justify ownership within 14 days, Justice Saliu Saidu ruled.

    He ruled on an application by the EFCC, which was moved by prosecuting counsel Mr Rotimi Oyedepo.

    The commission said Mrs Oke made made cash payment of $1,658,000 in tranches of $700,000, $650,000 and $353,700, for the flat’s purchase between August 25 and September 3, 2015.

    EFCC, in a supporting affidavit deposed to by an investigating officer, Mr Musa Giwa, said Mrs Oke gave the cash to a bureau de change operator, Alhaji Shehu Usman Anka, to pay for the flat.

    It alleged that the money was fraudulently converted by Oke.

    EFCC said: “The sum of $1,658,000 which Mrs Folasade Oke gave in cash to Alhaji Shehu Usman was part of the funds belonging to the Federal Government of Nigeria which was fraudulently converted by Mr Ayodele Oke whilst serving as Director-General of NIA.

    “The funds used to acquire the property sought to be forfeited in the name of Chobe Ventures belong to the Federal Government of Nigeria but was fraudulently converted to the use of Chobe Ventures. It is in the interest of justice to grant this application.”

    The sums found in the flat are $43,449,947 (about N13billion), N23, 218,000 and £27,800 (about N10.6milion).

    Read Also: ‘Handover Babachir, Oke to EFCC, ICPC’

    The court ordered their forfeiture to the Federal Government on June 6.

    The NIA through Oke claimed ownership of the funds, following which he was suspended and subsequently sacked by President Muhammadu Buhari.

    Justice Saidu Thursday granted an interim order forfeiting the flat and its appurtenances.

    EFCC said they were reasonably suspected to have been acquired “with the proceeds of unlawful activity.”

    He ordered EFCC to notify Chobe Ventures in whose possession the flat was found to appear in court and show cause within 14 days why the property should not be forfeited to the Federal Government.

    The court also directed the commission to publish the interim order in a national newspaper for the respondent or anyone interested in the property to show cause within 14 days as to why a final forfeiture order should not be made.

    EFCC said when it recovered the huge cash from the flat on April 12, it also recovered several documents indicating that the flat belonged to Chobe Ventures, including invoices and cash receipts issued to the company.

    It wrote the Corporate Affairs Commission (CAC) for the particulars of Chobe Ventures’ directors.

    The CAC responded, stating that the directors of Chobe Ventures were Mrs Folade Oke and Mr Ayodele Oke Jr.

    EFCC said Mrs Oke bought the flat in 2014 from a firm, Fine & County International Realty, through one Rawlings Ehumadu.

    According to the commission, Mrs Oke instructed Alhaji Anka to transfer the funds to Fine & County.

    EFCC said Fine & County acknowledged receipt of payment for the flat as well as additional N9.4million professional fees for services rendered Chobe Ventures.

    “After the payment to Fine & County, a deed of assignment in respect of the property sought to be forfeited was executed. Upon the execution of the deed, the property was handed over to Chobe Ventures,” EFCC said.

    The commission alleged that the money used in acquiring the property was “fraudulently converted” by Mr Oke while serving as NIA Director-General.

    Justice Saidu adjourned till November 30.

  • Court dismisses APC suit seeking to stop A’Ibom LG polls

    Court dismisses APC suit seeking to stop A’Ibom LG polls

    The Federal High Court sitting in Uyo, the Akwa Ibom State capital has dismissed the suit filed by the All Progressives Congress (APC), seeking an order to halt the December 2 local government election.

    Akwa Ibom State Independent Electoral Commission (AKISIEC), chaired by Mr. Aniedi Ikoiwak, had scheduled elections for the 329 Wards across the 31 Councils.

    But the APC led by the State Chairman, Dr. Amadu Atai, faulted the action, arguing that AKISIEC has not complied with all the necessary processes including updating voters’ register as well as publishing same for public scrutiny within the stipulated 60 days.

    And the Federal High Court on Udo Udoma Avenue, Uyo, the State capital, dismissed the suit as lacking in merit and “has no basis in law”.

    According to the Presiding Judge, Justice Fatun Riman, the case was already dead on arrival because “the suit has no basis in law and lacked the backing of the 1999 constitution, as amended”.

    The Court held that “the APC has failed to present cogent reasons for their suit, which would have been the foundation on which the established facts in support of the suit would exist”.

    The argument by APC that AKISIEC should not consider using the voters’ register used during the 2015 elections for the exercise was also dismissed by Riman.

    He agreed with the submissions of AKISIEC and the People’s Democratic Party (PDP), that the same 2015 voters’ register were used in the conduct of Council polls in Lagos and Benue States.

    Speaking to reporters on the sideline after the case, the PDP Legal Adviser, Mr. Goddy Umoh, expressed delights at the outcome of the case and thanked the Judge for mature handling of the proceedings.

    He noted that a lot of cash and resources have been injected into the preparation and conduct of the polls, adding that it would have been a huge setback if the case had gone otherwise.

    “We got scared when you know how much money is put in place in preparation for the forthcoming elections. It would have been disastrous if the judgment had gone the other way”, he enthused.

     

  • Lagos objects to suit on lottery, gaming regulation

    Lagos objects to suit on lottery, gaming regulation

    Lagos State Government Thursday urged the Federal High Court in Lagos to dismiss a suit challenging its powers to regulate lottery and gaming business.

    It said the court lacked jurisdiction to adjudicate on the issue as it bordered on taxation.

    The state said only the Lagos State High Court has jurisdiction to adjudicate issues relating to taxation of businesses operating in the state.

    Arguing a preliminary objection, state counsel Mr O. K. Akerele said Lagos reserved the right to tax lottery and gaming businesses.

    “The suit as presently constituted is outside the jurisdictional issues my lord can entertain. We urge my lord to strike out the matter,” he said.

    The plaintiff, Mobile Lottery Nigeria Limited, is praying the court to hold that the state lacks powers to regulate lottery operations.

    Its counsel Mark Anata said only the Federal Government through the National Lottery Commission can register and regulate lottery businesses.

    Anata said despite being issued an operating license by the Federal Government through the commission, officials of the Lagos State Government had been obstructing its operations through various demands on the basis of the Lagos State Lottery Law of 2004.

    The plaintiff is, therefore, challenging the state’s powers to enact laws on lottery regulation, adding that such matters are covered by Item 62 (A) of the Exclusive Legislative List of the 1999 Constitution.

    According to Anata, the court has jurisdiction to entertain the suit since it involves a federal agency.

    Replying on points of law, Akerele said state High Courts were not precluded from interpreting constitutional issues.

    Justice Babs Kuewumi adjourned till January 30 next year for ruling.