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Tag: Federal High Court

  • Federal High Court to begin annual vacation July 23

    Federal High Court to begin annual vacation July 23

    • Senate adjourns till July 2
    • Akpabio faults National Anthem lyrics

    Federal High Court has said it will proceed on vacation July 23.

    Assistant Director of Information/ICT, Catherine Christopher, said in a statement yesterday the vacation would end on September 13.

    She said the court’s Chief Judge, Justice John Tsoho, approved the vacation, in line with Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019.

    Senate has adjourned plenary till July 2.

    Also, its President, Godswill Akpabio, has faulted National Orientation Agency for circulating wrong lyrics of the National Anthem.

    The recess would enable National Assembly participate in Democracy Day, Eid-el-Kabir (Sallah) festivities this weekend and next week as well as its end of session break.

    National Assembly will be one year in office tomorrow.

    Before announcing the adjournment, Akpabio said: “In view of the holidays, Monday and Tuesday are public holidays and people will be coming back Wednesday, sitting on Thursday and return back. So, that week of Sallah is ruled out.

    “Accordingly, Senate stands adjourned till July 2 at 11 am.”

    He directed senators to sing the National Anthem before they left the session chamber.

    Read Also; Federal High Court begins annual vacation July 23

    After rendering the anthem, Akpabio said: “… this is the version we passed. What NOA has is not what we passed.

    “Where you have ‘Nigeria’s all are proud to serve,’ they said: ‘Nigeria’s all and proud to serve.’ It is to be ‘are.’

    “That’s not all. Where we say ‘though tribes and tongues may differ,’ they said ‘those tribe and tongue.’ I hope you understand, and at the end, where we say, ‘Nigeria shall be blessed,’ they don’t say so. They said ‘Nigeria may be blessed.’

    “We are using the word ‘shall’ which is compulsion that this country shall be blessed. So, tell NOA to drop what they are circulating. Congratulations to all of us.”

  • Federal High Court adjourns suit on appointment on judges to March 4

    Federal High Court adjourns suit on appointment on judges to March 4

    The Federal High Court in Abuja has asked the Chief National Judicial Council, the Chief Justice of Nigeria and the Federal Judicial Service Commission to show reasons why it should not grant an order stopping the process of appointment of Judges to the FCT High Court.

    Justice E. I Ekwo gave the order while ruling on a motion ex-parte brought before the court by Azubuike Nicholas Oko, a native of Ebonyi State alleging the exclusion of his state from the list of shortlisted candidates for appointment.

    The House of Representatives had earlier adopted a motion asking the National Judicial Council to discontinue the process of appointing judges for the FCT High Court until qualified candidates from Ebonyi State are included in the list of candidates.

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    The House resolution followed a motion by Igarewey Iduma Enwo alleging disregard to the provision of the constitution and NJC guidelines in the appointment process.

    In his ruling, Justice Ekwo asked the Plaintiff to put the Defendants on Notice of the Motion Ex Parte within two days of this order and serve them all processes filed in the suit.

    He said the defendants should, on the next adjourned date, show cause why prayers on the Motion Ex Parte should not to be granted, while adjourning case to 4th of March 2024, for the Defendants to show cause.

    In his originating summon, the Plaintiff asked the Court to determine whether by the combined provision and proper interpretation of sections 14(3),42, 256(2)&(3), and item 21(ii) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 as amended, and Rule 3(6iv) of the NJC Guidelines and Procedural Rules, the 1st, 2nd, 3rd and 4th Defendants are under constitutional obligation to comply with the provisions of section 14(3), and 42 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, in the appointment of judges to fill the twelve vacant positions in the High Court of FCT.

    The Plaintiff is also seeking a declaration that the perennial and persistent exclusion of Ebonyi State from this list of states where qualified lawyers are selected for appointment as judges of the High Court of Federal Capital Territory amounts to marginalisation and discrimination of lawyers from  Ebonyi State on the basis of their place of origin and ethnic group, contrary to the provisions of sections 14(3) and 42 of the Constitution of the Federal Republic of Nigeria and Rule 3(6iv) of the National Judicial Council Guidelines and Procedural Rules

    He also wants a declaration that the listing, nomination and or selection of lawyers from Kogi and Oyo States, which already have two judges each, in the High Court of FCT, for appointment as judges of the High Court of FCT, against Ebonyi State, which does not have any sitting judge at all is unjust, inequitable, unfair, and amounts to the unprecedented breach of the provisions of section 42 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and Rule 3(6iv) of the NJC Guidelines and Procedural Rules.

  • Federal High Court plans vacation for March 22

    Federal High Court plans vacation for March 22

    The Federal High Court will proceed on its 2024 Easter vacation on March 22 the court’s Chief Judge, Justice John Tsoho, has said.

    In a statement on Tuesday, the court’s spokesperson, Catherine Oby Christopher, said a circular by Justice Tsoho indicates that the vacation will end on April 8.

    The statement added: “This is Pursuant to the provisions of Order 46, Rule 4 (b) of the Federal High Court  (Civil Procedure) Rules, 2019 (as amended).

    “The court resumes sitting on Tuesday, 9th April, 2024 in all Judicial Divisions.

    “During the vacation period, the Abuja, Lagos and Port-Harcourt judicial divisions shall remain open to the public only for cases of extreme urgency.

    “It is essential to stress that, during the vacation, only matters relating to enforcement of fundamental rights, arrest or release of vessels and matters that concerns dire national interest are to be entertained by vacation judges.

    Read Also: Federal High Court transfers Justice Lifu to Abuja

    “The Abuja judicial division will cater for cases from the Federal Capital Territory, North Central, North Western, and North Eastern parts of the country.

    “The Lagos division will cater for cases from all the South Western states, while the Port-Harcourt judicial division will cater for cases from all states within the South-South and South East geo-political zones.

    “The following honourable judges will serve as vacation judges: Abuja division – 

    Justice I.E. Ekwo and  Justice  D.U. Okorowo.

    “Lagos division –

    Justice  A.O. Awogboro  and Justice  Ibrahim I. Kala.

    “Port-Harcourt division – Justice  A.T. Mohammed

     and Justice  S.I. Mark.

    “The vacation judges and Heads of divisions are, as usual, advised to promptly refer to the Hon. Chief Judge all matters which they believe may require His Lordship’s urgent attention and directives.

    “The Chief Judge of the Federal High Court of Nigeria, Honorable Justice John T. Tsoho, wishes his fellow lordships a wonderful vacation in advance.”

  • $9.6bn judgment: Court liquidates P&ID, affiliate

    AN Irish firm, Process and Industrial Developments Ltd (P&ID), which got a $9.6 billion judgment against Nigeria over an aborted gas project, was on Friday wound up.

    The Federal High Court in Abuja convicted it for fraud and tax evasion after it pleaded guilty.

    The court also ordered the winding-up of the firm’s affiliate, P&ID Nigeria Limited.

    Both firms are to forfeit their assets to the Federal Government.

    The company was awarded $6.6 billion in an arbitration decision following a failed 2010 project to build a gas-processing plant in Calabar, the Cross River State capital.

    With interest, the sum is now over $9 billion, which is about 20 per cent of Nigeria’s foreign reserves.

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN) had vowed to prosecute those involved in the controversial deal.

    The firms pleaded guilty before Justice Inyang Ekwo to an 11-count charge of fraud and tax evasion.

    The charges were filed against the firms by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government.

    This followed the firms’ unlawful conduct in relation to the controversial Gas Supply Project Agreement (GSPA).

    An arbitration tribunal in London slammed $9.6billion damages on Nigeria.

    The firms were accused of fraudulently claiming to have acquired land from the Cross River State government in 2010 for the GSPA.

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    The two companies were represented in court by Mohammad Kuchazi, identified as Commercial Director, P&ID Ltd, Virgin Island, and Adamu Usman.

    Usman, a lawyer, represented himself; Kuchazi was represented by his counsel, Dandison Akurunwua.

    Following their guilty plea, prosecuting counsel Bala Sanga called their sole witness, Usman Babangida, an EFCC investigator, for facts review.

    The defence team did not raise any objections.

    It also did not object to the prosecution’s tendering of documents relating to the 2010 GSPA and EFCC’s investigation activities. The judge admitted them in evidence.

    After Justice Ekwo convicted the firms, Akurunwua and Usman prayed the court to be lenient.

    They urged the court to consider the fact that P&ID showed “forthrightness and candour” by pleading guilty and not wasting precious judicial time.

    Sanga prayed the court to order the winding-up of the firms in sentencing them.

    In his judgment, Justice Ekwo held that in view of the facts, evidence and the defendant’s guilty plea, the orders to make were for the winding up of the companies and forfeiture of their assets.

    He ordered the forfeiture of “the assets and properties” of the two firms to the Nigerian government and wound them up.

    Reacting to the judgment, Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami(SAN), said Nigeria now has basis to seek a review of the $9.6billion judgment against it.

    He said Nigeria will meet with its legal consortium early next week in the UK in preparation for the case listed for September 26.

    Malami, spoke through his Special Adviser on Media and Publicity, Dr. Umar Gwandu, said: “The implication of today’s conviction is that Nigeria has a  judicial proof of fraud and corruption as a foundation of the relationship that gave rise to a purported liability in the arbitral award.

    “A liability that is rooted in fraud and corruption cannot stand judicial enforceability. Nigeria now has a cogent ground for setting aside the liability.

    “Nigeria is expected to review its strategy in view of unfolding developments as it relates to conviction of  some of the suspects that have admitted fraud and corrupt practices in the transaction that gave rise to purported award.

    “Nigeria is meeting with its legal consortium early next week in UK in preparation for the case listed for 26th September.”

     

  • ‘Why HDP presidential candidate was declared wanted’

    A FEDERAL High Court in Abuja on Tuesday heard why the Economic and Financial Crimes Commission (EFCC) sponsored a publication declaring the candidate of Hope Democratic Party (HDP) in the last presidential election, Ambrose Owuru, wanted.

    Lawyer to the EFCC, Ibrahim Audu, told the court that the commission resorted to the publication when Owuru failed to turn up for trial over a criminal case filed against him at a High Court in Port Harcourt, the Rivers State capital.

    Audu stated that the EFCC declared Owuru wanted after the court issued a bench warrant for his arrest, after realising that he was evading trial in the charge the commission filed against him.

    The lawyer said the criminal charge against the politician bordered on obtaining money by false pretence.

    “He was evading his trial and the High Court duly issued an arrest warrant against him. It was on the basis of the arrest warrant that the publication was made,” Audu said.

    The EFCC lawyer was reacting to the fundamental rights enforcement suit Owuru and his party filed by Owuru against the anti-graft agency.

    They queried, among others, the propriety of the EFCC publication.

    Read Also: EFCC nabs 60 Internet fraud suspects

    But Owuru contented that the EFCC acted unlawfully and violated his fundamental rights when it sponsored a newspaper publication on July 10, last year, declaring him wanted.

    The HDP candidate prayed the court to restrain the commission from further making such publication.

    He is asking for N500 million in damages against the EFCC.

    While arguing Owuru’s case yesterday, his lawyer, Chukwunoyerem Njoku, argued that the EFCC lacked the power to declare anybody wanted without the backing of a court order.

    Njoku added: “There is nothing in the exhibit tendered by the respondent (EFCC) that empowers it to make that publication.”

    In a counter-argument, Audu averred that there was also no provision in the Administration of Criminal Justice Act (ACJA) that made a court order a condition precedent to declare a defendant facing criminal charges wanted.

    He added: “There is nothing in ACJA that says for the publication to be made there must be a court order.”

    After taking arguments from both lawyers, Justice Evelyn Maha adjourned till October 7 for judgment.

     

  • N840m found in retired judge’s account, says ICPC

    THE Independent Corrupt Practices and Other Related Offences Commission (ICPC) has filed an application before a Federal High Court in Abuja for the interim forfeiture  of N4840 million in a retired female judge’s account.

    The judge under probe is a retired President of the Benue State Customary Court of Appeal, Mrs. Margaret Igbeta.

    She has been accused of opening an account in the name of her housemaid, Theodora Atsu on  the 5th of March, 2008, with an initial deposit of N8 million.

    The account had accumulated N870,321,492.15 between 2008 and 2019.

    But by the time ICPC investigators stepped in, about N840 million was left in the account.

    A statement by the Spokesperson for the anti-graft commission,  Mrs. Rasheedat A. Okoduwa, (mni) said:  “The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has requested a Federal High Court, Abuja, to order the interim forfeiture of N840 million traced to a retired President of the Benue State Customary Court of Appeal, Mrs. Margaret Igbeta.

    “The Commission, in an ex-parte motion filed at the court, said that the order would stop Mrs. Igbeta from accessing the money alleged to have been obtained through fraudulent activities in the course of her official duties.

    Read Also: N209m seized asset: ICPC to prosecute Fed Govt official

    “ICPC noted that the request for the interim forfeiture is pursuant to Section 48 (1), (2) and (3) (a) and (b) of the Corrupt Practices and Other Related Offences Act, 2000 and Section 6 (6)(a) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

    “The retired President of the Customary Court of Appeal was accused of operating a proxy fixed deposit account in the name of her maid, one Theodora Atsu, with Ecobank Plc, where she accumulated N870, 321, 492.15 between 2008 and 2019.

    “She was said to have opened the account with her passport and the name of Atsu on the 5th of March, 2008, with an initial deposit of N8 million.

    “She subsequently made several other huge deposits including N123, 745, 925.57 and N5 million, in the months of March and May, 2008.

    “It was also noted by the Commission that the money was far above her legitimate earnings both as a judge and President of the Customary Court of Appeal within the period that the account was operated and would have used to meet the infrastructural needs of the citizens and development of the nation.

    “ICPC therefore prayed the court to grant the order in the interest of the nation.”

     

  • Missing Federal High Court judge found

    A missing Federal High Court judge, Idrissa Saleh has been found.

    The judge who was declared missing at the weekend was found in Nyanya area of Abuja.

    Confirming to the Nation in a telephone conversation, the FCT Command Spokesman, DSP Anjuguri Manzah said: “The man was missing but we can confirm to you that he has been found. He was found on Tuesday at a filling station in Nyanya area of Abuja. “

    Read Also: Court dismisses suits over dispute, primary

    It was however unclear whether the judge was found by operatives of the Command as Manzah refused to comment further on the matter.

    Manzah however stated that the judge’s disappearance had nothing to do with kidnapping.

    The judge went missing after he allegedly discharged himself from a hospital where he was undergoing treatment.

     

  • Court orders AGF, EFCC to justify planned seizure of Yari’s assets

    A FEDERAL High Court in Abuja as ordered the Attorney General of the Federation and the Economic and Financial Crimes Commission (EFCC) to show cause why it should not grant the request by ex-Zamfara State Governor Abdulazeez Yari for an order restraining them from tampering with his assets.

    Justice Evelyn Maha gave the order on Monday while ruling on an ex-parte motion by Yari, which was argued by is lawyer, Mahmud Magaji (SAN).

    Justice Maha also ordered Yari to serve the respondents  – AGF and EFCC – with the motion and other accompanying documents within 48 hours and for them to show cause why the reliefs sought by the ex-governor should not be granted.

    The judge adjourned till August 30 for hearing of the motion and the response to be filed by the respondents.

    Yari, in documents filed with the motion, accused the respondents of persecuting him and members of his family over the turnout of political events in Zamfara State.

    He accused the respondents of seeking to deploy Executive Order 6. Of 2018 to confiscate his assets.

    He traced the genesis of recent travails to the political events within the Zamfara State chapter of the All Progressives Congress (APC) that led to the party’s loss of all elective offices in the state to the People’s Democratic Party (PDP) following the judgment of the Supreme Court.

    He said: “After the decision of the Supreme Court, some aggrieved individuals, who are very powerful, decided to use agents of the 1st and 2nd respondents against the applicant.

    “These individuals thus decided to carry out a vendetta and revenge against the applicant, including instigating the respondents against the applicant upon their spurious conclusion without evidence that he was guilty of corrupt practices as former governor of Zamfara State and was in breach of the Code of Conduct Act.

    Read Also: Navy transfers suspected oil thieves to EFCC

    “This witch-hunt is clearly politically motivated, baseless and has been designed only to discredit and humiliate the applicant in a bid to decimate him politically.”

    Yari stated that the action of the EFCC has made it impossible for him to exercise his right or his freedom of movement without fear of being arrested and intimidated.

    The ex-governor said  he fully declared all his assets in accordance with the Code of Conduct requirement for public officers prior to assuming office as a governor.

    He added that he has not committed any offence to warrant the threats of seizure of his assets and properties, most of which were acquired even before he became governor of the state.

    Yari  then prayed the court for “an order of interim injunction restraining the respondents from seizing, impounding, taking over, confiscating or otherwise forfeiting his assets and properties wherever they may be located within Nigeria or anywhere in the world pending the hearing and determination of the motion on notice.

    He also sought “an order of interim injunction restraining the respondents from unlawfully interfering with his rights to sections 34, 35, 41 and 43 of the 1999 Constitution until the hearing and determination of the substantive suit.

    Yari is, in the substantive fundamental rights enforcement suit, praying the court for the following orders a declaration that the respondents have no authority or justification to interfere with his fundamental right to own property in Nigeria by seizing, impounding, taking over. confiscating or otherwise forfeiting the assets and properties of the applicant wherever they may be located within Nigeria or anywhere else in the world (all of which were legally acquired from the legitimate resources of the applicant) on the basis of the Executive Order 6 of 2018 or any regulation or other law whatsoever.

     

  • Alleged N537m debt: Court orders AMCON to seize Donald Duke’s property

    A FEDERAL High Court in Lagos has ordered the Asset Management Corporation of Nigeria (AMCON) and United Bank for Africa (UBA) to seize a property of former Cross River State Governor Donald Duke over an alleged N537,334,360.77 debt.

    Vacation judge Justice Chuka Obiozor also authorised AMCON and UBA to, in the interim, take possession of funds in the accounts of Duke and others in any bank.

    The judge made the order pursuant to AMCON and UBA’s August 8 ex parte application.

    The applicants listed Stonehedge Investment Limited, Duke and his wife, Owanari Bob-Manuel Duke, as first to third defendants in the suit.

    The applicants had prayed the court for “an order of interim attachment, possession and custody of the property being Number 3, Temple Road, Ikoyi, Lagos”.

    They averred that the property was mortgaged by Duke “as collateral in securing the first respondent’s indebtedness to the applicants”.

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    The applicants urged the court to grant them possession of the property “pending the institution and disposal of proceedings for recovery of debt against the respondent, pursuant to Section 49 of the AMCON Act 2010 (as amended)”.

    They also prayed the court for an interim Mareva injunction to take possession of funds in the accounts of Duke and others in any bank “pending the institutional and disposal of proceedings for the recovery of a debt of N537,334,360.77 made up of the principal debt and interest against the respondents pursuant to Section 50 of AMCON Act 2010”.

    The judge granted the prayers, in addition to an order restraining the respondents from “transacting, transferring, changing or howsoever dealing in any manner or interfering with the applicants’ possession” of the Ikoyi property.

    The judge ordered AMCON and UBA to ensure service of substantive originating processes on the respondents within 20 days of the making of the order.

    He adjourned further proceedings till September 2.

     

  • Court stops Indians from taking over three ‘Nigerian firms’

    A FEDERAL High Court in Lagos on Wednesday restrained three Indians from taking over three firms – Bolawole Enterprises Nigeria Limited, Lesag Nigeria Limited and Intermanagement Nigeria Limited – allegedly owned by Oluwole Oginni and his wife, Mobolatan.

    Vacation judge Justice Nicholas Oweibo made the interim order following an ex parte application filed by Mr Oginni, 87.

    The Indian nationals, who are also the first to third respondents in the suit, are: Mr. Jai Bhagwan Gupta, and his two sons, Vineet Gupta and Rachit Gupta.

    Justice Oweibo also restrained the respondents from convening any meeting at Mushin, Sheraton Hotel, Ikeja, or at Victoria Island, all in Lagos, for the removal of the couple as the firm’s directors, pending the hearing and determination of the originating summons.

    Read Also: Court adjourns for judgment on Atiku’s petition

    The judge made the interim orders after hearing the octogenarian, through his counsel, Mr. Yakubu Galadima.

    Oginni had claimed that without his consent or a board resolution to that effect, the Indians, sometime in November, 2017, illegally removed and changed the signatory to the corporate accounts of the firms.

    He also averred that the Indians had, by a Notice of Extra Ordinary General Meeting scheduled to take place on August 21, 22 and 23, respectively, proposed to remove him and his wife as a director and to strip them of their membership of the firms.

    The judge fixed September 5 to hear the substantive suit.