The Nation Newspaper

Tag: Federal High Court

  • FG charges two with importing ‘explosive components’

    FG charges two with importing ‘explosive components’

    The Federal Government has charged a firm, Elephant group Limited and its managing Director Tunji Owoeye at the Federal High Court in Lagos for allegedly importing fertilizer with explosives-making components.

    The prosecution said the defendants, last August 29 at 8, Etal Avenue, Off Kudirat Abiola Way, Oregun Ikeja, committed an offence by importing 13,199.532mt of Urea Fertilizer.

    According to the charge, the product has a component for making Improvised Explosive Devices (IEDs), and was under ban as at the time it was imported.

    The charged, numbered FHC/207C/17, was filed by an Assistant Chief State Counsel in the Department of Public Prosecutions of the Federation A. K. Alilu on behalf of the Attorney-General of the Federation.

    The alleged offence contravenes Section 47(1)(c) of the Custom and Excise Management Act Cap C. 45 Laws of the Federation 2004.
    Their arraignment was stalled Monday due to the absence of Justice Mojisola Olatoregun.

    The defendants are expected to take their pleas on November 28.

  • Two admit ‘illegal’ arms importation, bribery

    Two admit ‘illegal’ arms importation, bribery

    …Defendants to plead guilty
    Two men who were arraigned by the Federal Government for importing arms and ammunition without authorisation Monday told the Federal High Court in Lagos that they committed the offence.

    Oscar Okafor and Donatus Achinulo, were among five persons arraigned on June 14, told the court that they would change their plea from not guilty to guilty.

    The others are Mahmud Hassan, Mathew Okoye (at large) and Salihu Danjuma.

    They were accused of illegally importing double barrel shortguns, pump action rifles and single barrel shotguns (firearms).

    They were arraigned on nine counts of conspiracy to illegally import prohibited firearms, “uttering” of forged documents, bribery and importation of prohibited goods.

    All the defendants pleaded not guilty at their arraignment.

    Justice Ayokunle Faji refused to grant them bail applications due to the gravity of the charges.

    Yesterday, Okafor and Achinulo (second and third defendants), who were represented by new counsel Mr. Rotimi Jacobs (SAN) and Mr. Paul Ananaba (SAN), said they would enter a guilty plea.

    Justice Faji directed them to notify the Attorney-General of the Federation (AGF) of their intention.

    Count one of the charge said the defendants “on or about January 21, 2017, at Apapa, Lagos conspired together to illegally import into Nigeria 661 pump actions rifles.”

    The prosecution said they brought the arms from Turkey through the Apapa Port in Lagos, using a 40-feet container, which they falsely claimed contained steel doors.

    The Federal Government said the defendants violated Section 98A (1)(b) of the Criminal Code Act by corruptly offering bribe to public officials on two occasions.

    It said Hassan offered N400, 000 to Federal Operative Unit’s Examination Officers on January 21 at Apapa to prevent “100 per cent search” of the 40 feet container numbered PONU 825914/3, which they knew contained prohibited goods.

    The prosecution said Hassan, on the same day, “corruptly gave the sum of N1million to government officials at the Apapa Port through one Danjuma Abdullahi in order to prevent search of your container by Customs officials which you knew contained 661 illegally imported pump actions rifles.”

    The defendants allegedly forged documents, such as a bill of lading, a Form M and a Pre-Arrival Assessment Report, in a bid to deceive the officials.

    According to the prosecution, in order to evade payment of Customs duty, the accused allegedly forged a bill of lading issued at Istanbul on January 9, 2017, claiming it was issued in Shanghai, China.

    The Federal Government also alleged that the defendants “illegally imported into Nigeria double barrel shotguns, pump action rifles and single barrel shotguns (firearms) between 2012 and 2016)”.

    The alleged offence contravenes sections 1(2)(c), 1(14) (a)(i) and 3(6) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2014.

    Justice Faji adjourned until September 26.

  • Centenary City project: Judge refuses to quash report against Anyim, others

    Centenary City project: Judge refuses to quash report against Anyim, others

    Justice Nnamdi Dimgba of the Federal High Court, Abuja Monday refused to quash the damaging report issued by the House of Representatives on its investigation of the controversial Centenary City project promoted under the administration of Goodluck Jonathan.

    The report had indicted former Secretary to the Government of the Federation (SGF), Anyim Pius Anyim and other major actors in the handling of the project.

    In a judgment yesterday, Justice Dimgba dismissed the suit marked: FHC/ABJ/CS/258/2017, filed in the name of centenary City Plc,seeking among others, the voiding of the report.

    Justice Dimgba noted that the allegations of bias and bad faith raised against Herman Hembe, who head the House of Reps’ committee that investigated allegation of corruption in the project, was insufficient to move the court to quash the report.

    The plaintiff had, in the suit filed on March 29 this year, claimed among others, that Hembe had sought a private meetings with the plaintiff  prior to the investigation (public hearing) with the intention of being induced.

    It equally claimed that its representatives at the public hearing demanded Hembe’s disqualification from the committee, but that its lawyers and representatives later walked out of the proceedings when Hembe failed to step down.

    The plaintiff, which complained of being denied fair hearing, said the committee proceeded with the public hearing, without its participation, and issued a majority report, but with a member dissenting, a report the entire House of Reps later adopted.

    In his judgement, Justice Dimgba said the suit was one that was built on Section 36(1) of the Constitution, which “provisions are only applicable, in the determination of the civil rights and obligations of persons before a court or other judicial tribunal established by law”.

    The judge observed that “the majority report, adopted by the whole House made adverse findings and recommendations on the project”.

    He further observed that the plaintiff thought that the House of Reps’ perception of the project, its adverse conclusions and recommendations, contained in its report, were not accidental, but orchestrated by the second defendant (Hembe).

    The judge also noted that the plaintiff, in filing the suit, thought that Hembe had “some legacy hatred against the chief promoter of the project, former Senate President and Secretary to the Government of the Federation, Senator Pius Anyim”.

    Justice Dimgba said granting the plaintiff’s prayers and quashing such a report issued and ratified by another arm of government could endanger the stability of the political system in terms of the relations among independent and equal arms of government.

    The judge said it was necessary for the court “to tread very carefully here so as not to breed hostility among separate organs of government that should accord each other reciprocal respect”.

    Justice Dimgba said: “In all honesty, upon a full and dispassionate appraisal of what has been placed before me, I do not believe that a sufficient case has been made warranting the intervention of the Court in the manner prayed for in the suit.

    “First, this suit has been built on Section 36(1) of the Constitution.  A review of the said section shows that the provisions are only applicable, ‘in the determination of the civil rights and obligations’ of persons ‘before a Court or other judicial tribunal established by law.

    “I do not agree that the defendants are acting as court or tribunal or performing a quasi-judicial function. I do not even agree that the defendants are acting in administrative capacity.

    “All the conditions enumerated in Section 36 must co-exist in a given situation for the provisions to enjoy any relevance,” the judge said.

    He refused the plaintiff’s argument that the House of Reps’ report must be voided because the Senate had earlier conducted similar investigation and given Anyim and others pass mark.

    The judge added: “I state for the avoidance of any doubt, that the House of Representatives’ investigation of the Centenary City project, which the Senate has justified, might appear mischievous or driven by questionable motives or goals, as alleged, but the investigation itself is not illegal, since the Senate’s findings are not binding on the House of Representatives, being independent legislative facilities established by the Constitution.”

    The judge said the plaintiff failed to provide the court with relevant materials to prove that the House of Representatives’ committee was compromised by Hembe’s personal interest.

    Justice Dimgba said: “The evidence clearly shows that the plaintiff was invited to the public hearing, as were other relevant stakeholders.

    “The right to be heard, simply means the opportunity to be heard, not that one must be heard definitively even when you spurn the opportunity,” he said.

    He noted that, with questions of credibility surrounding the report, especially as captured by the minority report, ignored by the House of Reps, the plaintiff, rather than rushing to court, ought to have impressed it on the government agencies, to which the report was sent, not to implement it.

     

  • Court outlaws cash payment for services

    Court outlaws cash payment for services

    The Federal High Court has outlawed cash payment for all its services.

    It has accordingly barred all officials working in its account departments and payment points nationwide from accepting cash for payment for any service rendered.

    The court said it has provided means of electronic payment including computers and Point of Sale (POS) devices in it cash offices in addition to the bank option.

    It said the new practice was informed by the cashless policy of the Federal Government.

    The information is contained in an undated circular issued by the court and pasted on all notice boards at the headquarters building of court in Abuja Friday.

    The circular signed by N. A. Mba-Omotosho is titked: “No more cash collection by staff of this honourable court for any form of official transaction from litigants and counsel requiring the services of the court.”

    It reads: ” I have been directed to inform all the Deputy Chief Registrars, Assistant Chief Registrars and Station Registrars that, in consonance with the Federal Government cashless policy, there shall be no longer be cash transaction on payment of any court fees from litigants and counsel henceforth.

    “To enhance better collection of revenue, the court has provided computers and POS to all the divisions, and no Secretary is permitted to type affidavits to any litigant or lawyer.

    “A litigant can pay to the bank after the RRR has been generated where the POS fails to respond in Federal High Court Cash office.

    “The Deputy Chief Registrars, Assistant Chief Registrars, Station Registrars and Account Staff are to strictly comply with this circular.”

  • Appeal Court urged to hear case against Reps member, Wayo

    Appeal Court urged to hear case against Reps member, Wayo

    …Appellant seeks hearing of appeal on his brief alone

     

    The Court of Appeal in Makurdi has been asked to hear an appeal pending against a House of Representatives member, Benjamin Wayo (representing Kwande/Ushango Federal Constituency of Benue State).

    The request is contained in a fresh motion filed by the appellant, Engr. George Nduul, who is challenging Wayo’s claim to being the candidate of the All Progressives Congress (APC) candidate for the 2015 legislative election.

    Nduul, in the motion filed by his lawyer, Mahmud Magaji (SAN), wants the court to hear the appeal he filed based on his brief alone, the respondents having failed to file their respondents’ briefs within the 30 days period allowed by the court’s rules.

    Listed as respondents in the appeal marked: CA/MK/16/2016 are Wayo, APC and the Independent National Electoral Commission (INEC).

    He said his brief of argument was filed on February 29, 2016; the 1st respondents (Wayo) served, for the third time, on July 3, 2017, while the 2nd and 3rd respondents were served on June 12, 2017.

    Nduul’s appeal is against the December 10, 2015 judgment by Justice Binta Nyako (then of the Federal High Court, Makurdi), in which Nduul’s suit, challenging Wayo’s qualification to participate in APC’s primary, was dismissed on grounds that it lacked merit.

    Nduul had alleged, in his suit, that Wayo did not comply with the APC’s guidelines by not paying necessary fees, the mandatory N2m, and was not issued with the required clearance certificate by the party’s screening committee to participate in the primary.

    He stated that upon enquiry, he discovered that Wayo’s appointment as Magistrate 11 was terminated by the Benue State Judicial Service Commission (BSJSC) for being of “doubtful integrity,” for “violating the code of conduct relating to judicial officers.”

    Nduul said, upon discovering that Wayo did not comply with the party’s guidelines, he appealed to the APC’s Appeal Committee for National Assembly primaries in Benue State, which allegedly voided Wayo’s candidacy and directed that he, having emerged second at the primary, be made the party’s candidate.

    He added that APC’s National Working Committee (NWC), acting on behalf of the party’s National Executive Committee (NEC), accepted the Appeal Committee’s report, approved his candidacy and directed that he should be issued with the necessary INEC forms as the party’s duly nominate candidate.

    Nduul said despite these development, some leaders of APC in Benue still proceeded to submit Wayo’s name to INEC as APC’s candidate, prompting him to sue at the Federal High Court, Makurdi.

    In his appeal, Nduul faulted the judgment of the Federal High Court, delivered on December 10, 2016, in which the court held that he failed to prove his allegations that Wayo was not qualified to stand for the election.

    Nduul, who raised about 11 grounds of appeal, argued that the trial court failed to consider all evidence he placed before it and allegedly went out of its way to fish for evidence on its own.

    He contended that “it is the law that the duty of a trial court is strictly limited and confined to the issues arising from the pleading.

    “A trial court is not allowed to go on a wild goose chase or embark on academic exercise in which all sort of questions are discussed at will without reference to pleading of parties, the evidence laid, the issues and admissibility and relevance of the evidence before the court.”

    Nduul urged the appellate court to, among others, set aside the judgement of the trial court, order Wayo’s sack and uphold the APC’s NWC’s decision, recognising him as the true candidate of the party.

     

  • Rumble in Zakzaky’s camp

    Rumble in Zakzaky’s camp

    It is over eight months since Justice Gabriel Kolawole of the Federal High Court, Abuja ordered the immediate release of Sheikh Ibrahim El-Zakzaky. The order was not obeyed and the leader of the Islamic Movement in Nigeria (IMN) remains in custody.

    The situation has forced followers of the Shi’ites sect leader to often take to the streets in major cities of the North, particularly Kaduna, demanding his and his wife’s unconditional release. They have been in custody since December 2015.

    Members of the Islamic sect clashed with the men of the Nigerian Army in December 2015. The clash left many people dead, while the sect leader, Sheikh Zakzaky was later arrested during the soldiers’ raid on his house in Zaria two days later and handed over to the Department of State Service (DSS).

    However, after several protests and litigation, Justice Kolawole of the Federal High Court, Abuja in December 2016 ordered his release and 24-hour police protection for El- Zakzaky and his wife when they are released from custody.

    Apart from their release, the court ordered the authorities to provide them a decent accommodation alongside their family. Respondents in the suit with number FHC/ABJ/CS/281/2016 are the DSS, the Nigeria Police Force and the Attorney General of the Federation.

    Lagos lawyer and activist Femi Falana (SAN) had approached the court for the release of the religious leader and his wife from detention.

    The court held: “The Respondents shall within 45 days of this judgement make proper and decent arrangement of a residential abode for the applicant and his family in Kaduna State or anywhere of their choice within the northern region, where the applicant and his wife and their children can relocate when released upon the expiration of 45 days from today, that is December 2, 2016.”

    Justice Kolawole said further; “Let me state clearly and for the avoidance of doubt that the failure of the government to effect the release of the applicant and his wife from its custody or any illegal custody whatsoever, upon the expiration of the 45th day from December 2, 2016, such failure shall not only constitute a deliberate act of disobedience of these orders, but it will crystallise into fresh cause of action of infraction of the Applicant’s rights and his wife to personal liberty guaranteed by the Constitution of Nigeria 1999, as amended.

    “The Inspector General of Police or any of its subordinate officers not below the rank of Assistant Inspector General when he received the applicant and his wife as ordered, shall take immediate steps within 24 hours, convey the applicant and his wife under necessary security escort to their place of abode as would have been provided by the 1st Respondent, DSS, working in conjunction with the third Respondent, AGF.

    “The 2nd Respondent, Police, shall then provide the applicant and his wife police protection which shall operate round the clock until the alleged threats which were not provided by any admissible evidence but left in the realm of speculation are moved or significantly diminished,” the Judge said.

    Eight months after, Zakzaky’s followers have been left with no alternative but to the continue protests, as the authorities have refused to release their leader.

    During one of the protests in Kaduna, the protesting Shi’ites asked the government to immediately release their leader or exterminate all of them. They also vowed never to rest until federal government releases their leader, who has been in DSS custody since December 2015.

    The angry protesters, who temporarily blocked major highways in Kaduna metropolis were seen with placards with varying inscriptions such as, “Free Zakzaky”, “We demand justice”, “We are Nigerians”, “Release El-zakzaky or kill us all,” among others.

    Addressing newsmen, spokesperson for the protesters, Mallam Nuhu Mafara said they were out in large numbers to agitate for the unconditional release of their leader who has been in detention since the December 2015 clash between the members of the Islamic sect and men of Nigerian Army in Zaria, Kaduna State.

    “The protest was a joint action against the illegal detention of our leader Ibrahim El-zakzaky  and all members from Kano Jigawa, Niger, Bauchi, Zamfara and other northern states are here today to demand the unconditional release of our leader.

    “Today also marks over 250 days since a court of the land set him (El-Zakzaky) free, but the cabals holding Nigerians to ransom have stubbornly refused to obey court orders”, he added.

    Also, a statement signed by one of the group’s top members Sheikh Abdulhamid Bello, read in part “while there are known figures in Nigeria today, agitating for the breakup of the country into pieces, with some even issueing ultimatum, to the government. But here is Sheikh Zakzaky, who has never committed any treasonable offence languishing in jail.

    “Precisely the leader of the Islamic Movement in Nigeria, Sheikh Ibraheem Zakzaky has clocked 612 days today in the gulag of Buhari administration illegally. It is today well over 250 days when an honorable court of the land set him free from detention, but the cabals holding Nigerians to ransom have stubbornly refused to obey the courts orders”.

    The statement described what happened in Zaria in 2015 as ugly incidences, saying, “during the pogrom that included incessant killing of over 1000 unarmed members of the Movement, burning of some of them alive, looting of their property and demolishing their buildings all perpetrated by the Nigerian Army and the Kaduna state Governor Nasir El-Rufai.

    “The worst part of all this oppression against Sheikh Zakzaky who enjoys millions of followership in Nigeria and beyond, is that to date none of the perpetrators of the genocidal crime in the Army and Kaduna state government has been brought to book. Some have even been rewarded with promotion in their various places of work. These and many more instances of cruelty against the Sheikh made him to be the most oppressed person in Nigeria of today.”

     

  • Rumble in Zakzaky’s camp

    It is over eight months since Justice Gabriel Kolawole of the Federal High Court, Abuja ordered the immediate release of Sheikh Ibrahim El-Zakzaky. The order was not obeyed and the leader of the Islamic Movement in Nigeria (IMN) remains in custody.

    The situation has forced followers of the Shi’ites sect leader to often take to the streets in major cities of the North, particularly Kaduna, demanding his and his wife’s unconditional release. They have been in custody since December 2015.

    Members of the Islamic sect clashed with the men of the Nigerian Army in December 2015. The clash left many people dead, while the sect leader, Sheikh Zakzaky was later arrested during the soldiers’ raid on his house in Zaria two days later and handed over to the Department of State Service (DSS).

    However, after several protests and litigation, Justice Kolawole of the Federal High Court, Abuja in December 2016 ordered his release and 24-hour police protection for El- Zakzaky and his wife when they are released from custody.

    Apart from their release, the court ordered the authorities to provide them a decent accommodation alongside their family. Respondents in the suit with number FHC/ABJ/CS/281/2016 are the DSS, the Nigeria Police Force and the Attorney General of the Federation.

    Lagos lawyer and activist Femi Falana (SAN) had approached the court for the release of the religious leader and his wife from detention.

    The court held: “The Respondents shall within 45 days of this judgement make proper and decent arrangement of a residential abode for the applicant and his family in Kaduna State or anywhere of their choice within the northern region, where the applicant and his wife and their children can relocate when released upon the expiration of 45 days from today, that is December 2, 2016.”

    Justice Kolawole said further; “Let me state clearly and for the avoidance of doubt that the failure of the government to effect the release of the applicant and his wife from its custody or any illegal custody whatsoever, upon the expiration of the 45th day from December 2, 2016, such failure shall not only constitute a deliberate act of disobedience of these orders, but it will crystallise into fresh cause of action of infraction of the Applicant’s rights and his wife to personal liberty guaranteed by the Constitution of Nigeria 1999, as amended.

    “The Inspector General of Police or any of its subordinate officers not below the rank of Assistant Inspector General when he received the applicant and his wife as ordered, shall take immediate steps within 24 hours, convey the applicant and his wife under necessary security escort to their place of abode as would have been provided by the 1st Respondent, DSS, working in conjunction with the third Respondent, AGF.

    “The 2nd Respondent, Police, shall then provide the applicant and his wife police protection which shall operate round the clock until the alleged threats which were not provided by any admissible evidence but left in the realm of speculation are moved or significantly diminished,” the Judge said.

    Eight months after, Zakzaky’s followers have been left with no alternative but to the continue protests, as the authorities have refused to release their leader.

    During one of the protests in Kaduna, the protesting Shi’ites asked the government to immediately release their leader or exterminate all of them. They also vowed never to rest until federal government releases their leader, who has been in DSS custody since December 2015.

    The angry protesters, who temporarily blocked major highways in Kaduna metropolis were seen with placards with varying inscriptions such as, “Free Zakzaky”, “We demand justice”, “We are Nigerians”, “Release El-zakzaky or kill us all,” among others.

    Addressing newsmen, spokesperson for the protesters, Mallam Nuhu Mafara said they were out in large numbers to agitate for the unconditional release of their leader who has been in detention since the December 2015 clash between the members of the Islamic sect and men of Nigerian Army in Zaria, Kaduna State.

    “The protest was a joint action against the illegal detention of our leader Ibrahim El-zakzaky  and all members from Kano Jigawa, Niger, Bauchi, Zamfara and other northern states are here today to demand the unconditional release of our leader.

    “Today also marks over 250 days since a court of the land set him (El-Zakzaky) free, but the cabals holding Nigerians to ransom have stubbornly refused to obey court orders”, he added.

    Also, a statement signed by one of the group’s top members Sheikh Abdulhamid Bello, read in part “while there are known figures in Nigeria today, agitating for the breakup of the country into pieces, with some even issueing ultimatum, to the government. But here is Sheikh Zakzaky, who has never committed any treasonable offence languishing in jail.

    “Precisely the leader of the Islamic Movement in Nigeria, Sheikh Ibraheem Zakzaky has clocked 612 days today in the gulag of Buhari administration illegally. It is today well over 250 days when an honorable court of the land set him free from detention, but the cabals holding Nigerians to ransom have stubbornly refused to obey the courts orders”.

    The statement described what happened in Zaria in 2015 as ugly incidences, saying, “during the pogrom that included incessant killing of over 1000 unarmed members of the Movement, burning of some of them alive, looting of their property and demolishing their buildings all perpetrated by the Nigerian Army and the Kaduna state Governor Nasir El-Rufai.

    “The worst part of all this oppression against Sheikh Zakzaky who enjoys millions of followership in Nigeria and beyond, is that to date none of the perpetrators of the genocidal crime in the Army and Kaduna state government has been brought to book. Some have even been rewarded with promotion in their various places of work. These and many more instances of cruelty against the Sheikh made him to be the most oppressed person in Nigeria of today.”

     

  • Court siezes ‘Diezani’s’ 56 houses worth N2.6b

    Court siezes ‘Diezani’s’ 56 houses worth N2.6b

    A Federal High Court in Lagos has ordered the interim forfeiture of 56 houses allegedly bought for $16,441,906 (N2.6billion) by a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    Justice Abdulaziz Anka, a vacation judge, made the order following an ex parte application by a counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Anselem Ozioko.

    The EFCC, in documents filed in court, described the properties as including 29 terraced houses, 21 mixed housing units, six flats, six apartments, two maisonettes among others, in Lagos, Port Harcourt and Abuja.

    Ozioko persuaded Justice Anka that Diezani paid $16,441,906 cash for the properties through several shell companies from the proceeds of suspected unlawful activity during her tenure as minister.

    The $16,441,906 was allegedly picked up from her house by bank officials via a pick-up service.

    Details later…

     

  • FG urges court to return Kanu to prison

    FG urges court to return Kanu to prison

    …Counters IPOB boss’ request for variation of bail condition

     

    The Federal Government has urged a Federal High Court in Abuja to revoke the bail it granted leader of the pro-Biafra group, Indigenous People of Biafra (IPOB), Nnamdi Kanu and return him to prison.

    The government argued that Kanu has not only breached the conditions attached to the bail granted him on April 25 this year on health ground, he has allegedly conducted himself in manners that threaten public peace.

    It cited Kanu’s alleged threat that elections would not hold in South East states until the Fed Govt conduct referendum on whether or not Biafra should secede and instances where the IPOB leader addressed crowd exceeding 10 and threatened civil disobedience, as against the court’s directive that he must not be seen in a crowd of over 10 people.

    The government, in a counter-motion, dated August 1, 2017 filed by Magaji Labaran of the Federal Ministry of Justice, urged the court to dismiss an application by Kanu, seeking a review of the bail conditions.

    It noted that not only had Kanu met the bail conditions and was enjoying the bail, it was an affront to the court’s authority for the IPOB leader to approach the court for the review of the bail conditions, having allegedly breached the conditions.

    “The offence for which he (Kanu) is standing trial is not ordinarily bailable; the court, not withstanding, granted bail to the 1st defendant/applicant (Kanu) on health grounds on 25th April 2017.

    “Among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file, in court, medical updates of his health status every month. The bail conditions were perfected by the 1stdefendant/applicant, which he is currently enjoying.

    “Rather than observing all the conditions listed above, the 1st defendant, in fragrant disobedience to the court order, flouted all conditions given by the court.

    “The 1st defendant equally incited his members to disrupt, disallow and boycott elections in South East states, starting with Anambra State gubernatorial election scheduled for November 18 if the Federal Government failed to hold referendum for the realisation of the state of Biafra.

    “The 1st defendant has already declared the bail conditions given by the court unconstitutional before approaching this court with the application for variation. Rather than showing remorse for his actions, the 1st defendant approached this court with an application for a review of the same conditions for the bail which he grossly flouted.

    “Considering the above, that the 1st applicant has violated the conditions on which the terms of his bail were premised, we urged this court to commit the defendant to prison by invoking the provision of Section 173(2)(B) of the Administration of Criminal Justice Act, 2015.

    “We categorically state that justice would have been denied the state by this court, if the state is not protected from the offences being perpetrated by the 1stdefendant/applicant, who is currently on bail,” the Fed Govt said.

    Kanu and four other suspected IPOB members – Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi and Bright Chimezie – are being tried before the Federal High Court, Abuja on offences relating to conspiracy and treasonable felony.

     

  • Police detention: Evans knows fate August 29

    Police detention: Evans knows fate August 29

    A Federal High Court in Lagos will on August 29 deliver judgment in a N300million fundamental rights enforcement suit filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike a.k.a. Evans, challenging his continued detention by the police.
    Justice Abdul-Azeez Anka fixed the date on Wednesday after taking arguments from Evans’ lawyer Olukoya Ogungbeje and lawyers for the police.
    The judge dismissed an argument by the police on Tuesday that the suit was not ripe for hearing, as well as the N300,000 punitive costs sought against Ogungbeje for alleged wrongful service, paving way for parties to state their case.
    The Inspector-General of Police (IGP), Nigeria Police Force (NPF), Commissioner of Police (COP) Lagos State and Lagos State Anti-Robbery Squad (SARS) are the first to fourth respondents.
    Counsel for both the IGP and the NPF, Henry Obiazi, urged the court to dismiss the suit for want of merit.
    He said the case had to do with murder, armed robbery and kidnapping, which were all capital offences.
    Citing Section 35 (7) of Constitution, Obiazi argued that Evans’ fundamental rights were not absolute, adding that the ‘billionaire kidnapper’ would soon be arraigned by the Directorate of Public Prosecution (DPP).
    “Though the Constitution guarantees the fundamental rights of every Nigerian citizen, these rights are not absolute, particularly, when they have to do with capital offences. I urge the court to hold that the application is unmeritorious and dismiss it”, Obiazi said.
    In his submissions, lawyer representing the COP and SARS, Emmanuel Eze, argued that Evans had not shown any cause of action against his clients.
    He claimed that Evans was arrested by the Intelligence Response Team (IRT) set up by the IGP and not by any of his clients.
    Eze faulted claims that the applicant was subjected to media trial saying no material fact was placed before the court in that regard.
    According to him, the nature of the offences allegedly committed by Evans were conspiracy, armed robbery, kidnapping and murder.
    Besides, he alleged that prior to his arrest, Evans was involved in many robberies, including series of attacks on bullion vans where many policemen lost their lives.
    “My lord, it is not up to 90 days that the applicant was arrested. Besides, there is an order of the court for his remand. The applicant is an international kidnapper terrorizing states across the country.
    “I urge the court to dismiss this application with punitive costs so as to serve as a deterrent to others who may want to file such frivolous application in the future”, Eze said.
    But, opposing their arguments, Ogungbeje, urged the court to hold that the respondents had run foul of the law by detaining Evans since last June 10.
    He faulted the respondents’ arguments that a suspect suspected of committing a capital offence can be detained without a court’s order.
    According to him, the assertion may be applicable only at the point where the suspect is seeking bail after his arraignment.
    “The proper thing for the respondents to do is to have the applicant arraigned and then inform the court about the capital nature of the offence upon which he may then be remanded in their custody”, he said.
    After listening to parties’ submissions, Justice Anka adjourned till August 29 for judgment.

    In the suit, Evans, through Ogungbeje, is seeking an order directing the police to charge him to court immediately or release him on bail.

    He said his detention since last June 10 without charge was a violation of his fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

    For his alleged unlawful detention, Evans wants the court to award N300m damages against the police in his favour.