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Tag: Federal High Court

  • DSS: Sowore plotted to topple govt

    THE Department of State Services (DSS) has said its investigation revealed that #RevolutionNow was a smokescreen for the actual intention of Omoyele Sowore, the candidate of the African Action Congress (AAC) in the last presidential election, and his allies “to topple the government of the Federal Republic of Nigeria”.

    The DSS said it was engaged in a painstaking investigation into Sowore’s activities in view of the quantum of evidence gathered.

    The service said it may return to court to seek an extension of the 45 days granted it by the Federal High Court, Abuja, to detain him.

    The security agency stated this in a fresh document it filed at the Federal High Court on Monday in response to an application by Sowore challenging the court’s order, granting the security agency 45 days to detain him pending investigation.

    In the counter-affidavit deposed to by Godwin Agbadua, an official of the DSS, it was stated that Sowore  was arrested on reasonable suspicion of having committed a capital offence, upon his alleged involvement in terrorists’ activities.

    “The respondent/appllcant (Sowore) planned to violently change the government through the hashtag RevolutionNow. The respondent/appllcant hid under the cover of call for mass protest with the hashtag RevolutionNow to mislead unsuspecting and innocent members of the public into joining him to topple the government of the Federal Republic of Nigeria

    “In his plot to topple the government the respondent/applicant held series of meetings with members at a prescribed terrorists‘ organisation, Indigenous Peoples of Biafra (IPOB) with a view to mobilising strong forces to realise his agenda at changing the government

    “The respondent formed an alliance with a fugitive, Nnamdi Keno, a self-acclaimed leader of the proscribed terrorists group, Indigenous People of Biafra (IPOB), to launch series of attacks on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria

    “After series of closed-door meetings between the duo in the United States of America, they addressed a press conference wherein they both stated their resolve to form alliance against the Nigerian government, The duo stated that they have a well planned out strategy to realize their objective, which is toppling the government.

    “The applicant/respondent is investigating the activities of the respondent applicant as it relates to a terrorists organisation, IPOB. The facts show a conjecture between the respondent/applicant and IPOB activities.

    “There is the need for the applicant/respondent to investigate such reasonable suspicion of the relationship between the respondent/applicant and IPOB.

    “The respondent held series of meetings with some foreign collaborators outside Nigeria including Dubai where millions of dollars were given to him to sponsor a widespread attack on Nigeria with a view to violently removing the President of the Federal Republic of Nigeria and freeing Ibrahim Yaqub ElZakzaky (Shaikh).

    “In furtherance to the plans to violently free Elzakzaky from lawful custody. the respondent held several meetings with a proscribed terrorists organisation. Islamic Movement in Nigeria (IMN) where they strategized on how to carry out attacks to force the government to free Elzakzaky.

    “The respondent stated in one of his videos that Shiite members, who are members of the proscribed terrorists group, IMN were going to join forces with him in bringing down the government. The statement and the meetings of the respondent/applicant raises issue of grave suspicion of supporting a proscribed terrorists’ organisation, IMN.

    Read Also: NLC to govt: release Sowore, others

    “The suspicions require diligent investigation by the applicant/respondent. The planned action constitutes a threat of violence to intimidate or cause panic in members of the public as a means of affecting political conduct

    “The investigation is still ongoing.  Upon the completion of investigation, the case file will be forwarded to the office of the Attorney General of the Federation for advice and possible prosecution,” DSS said.

    Also, a Federal High Court in Lagos yesterday declined to order the release of Sahara Reporters Publisher Omoyele Sowore and other detainees for their participation in the August 5 #RevolutionNow protest.

    Vacation judge Justice Nicholas Oweibo said he needed to first hear from the Federal Government, the Department of State Services (DSS) and the Inspector General of Police (IGP).

    He ordered the DSS and IGP to appear before him on September 4 to show why Sowore and other protesters in detention should not be immediately released.

    The judge also ordered Lagos lawyer Mr Olukoya Ogungbeje, who filed the ex parte application seeking the detainees’ release, to put the IGP and DSS on notice.

    Ogungbeje, who said he participated in the #RevolutionNow protest but was not arrested, filed the application on behalf of himself and other participants.

    The lawyer prayed the court to declare as “unconstitutional and illegal police clampdown on the protesters and the arrest of Sowore by the DSS”.

    He also sought an order for the immediate and unconditional release of those arrested and detained.

    Joined as respondents in the application are: the Federal Government, the DSS and the IGP.

    On why the arrested persons should be immediately and unconditionally released, Ogungbeje said: “There has been a grave constitutional infraction committed by the respondents against the applicant and other persons who engaged in the peaceful protest for good governance in Nigeria.”

    The lawyer said he was deprived of his constitutionally guaranteed right to peaceful assembly and association and the right to freedom of expression.

    “On August 3, 2019, the Convener of the protest, Mr Omoyele Sowore’s home was forcefully invaded and put under siege; he was arrested, whisked away and detained in the detention facility of the second respondent (DSS).

    “Mr Sowore has not committed any offence known to law to warrant the infringement and likely infringement of rights by the respondents.

    “By engaging in the peaceful protest, the applicant and other persons have not committed any offence known to law to warrant the treatment meted out to them by the respondents and their agents,” he said.

    Ogungbeje urged the court to order the immediate release of those arrested and detained.

     

  • Court restrains AGF, RMAFC from deducting Rivers’ statutory allocation

    A FEDERAL High Court in Abuja on Tuesday ordered the Accountant-General of the Federation (AGF) and the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to stop further deductions from funds due to Rivers State Government in relation to the operations of the Oil Mining Lease (OML)112 Offshore.

    In a judgment, Justice Taiwo Taiwo ordered the RMAFC, the Accountant-General of the Federation and the AGF to comply with a Supreme Court judgement in respect of OML112 Offshore and to stop the deduction of N502, 298,943.03 or any sum whatsoever from the statutory allocation to the for a period of 112 months or any period whatsoever.

    The judgment was on a suit filed on behalf of Rivers State by its Attorney-General to challenge the defendants’ continued deduction of N502, 298,943.03 from its statutory allocation.

    Justice Taiwo restrained the defendants and their agents from disregarding the finality of the Supreme Court judgment delivered on March 18, 2011 in Suit No: SC/27/2010, between Attorney-General of Rivers State and Attorney-General of Akwa Ibom State & Anor as it relates to the proprietary rights of the Plaintiff in respect of OML 112 offshore.

    The judge ordered the defendants to make a full refund of the 13 per cent derivation illegally denied the plaintiff from the crude oil and gas production within OML 112 offshore from September, 2018.

    Justice Taiwo, who resolved all the issues raised in the case in favour of the plaintiff, noted that the non-participation in the case by RMAFC (the first defendant), by failing to file a counter-affidavit to challenge the facts contained in the affidavit in support of the originating summons, was fatal to its case.

    Read Also: Supreme Court rejects Atiku’s, PDP’s appeals

    The judge was of the view that the consequence of an unchallenged affidavit is that the facts are uncontroverted and well established.

    The judge rejected a move by RMAFC lawyer Prof Taiwo Osipitan (SAN) to prevent the reading of the judgment by filing an application for stay of proceedings.

    In an earlier ruling, Justice Taiwo dismissed the application for lacking in merit and held that it did not meet the condition precedent for it to be granted. He said the rules of the court did not donate to him, the power to arrest his own judgment.

    He said: “I have looked at the affidavit in support of his application and I did not see how this court can stay proceedings. The applicant has failed to furnish the court with all relevant documents for due consideration of his application and he does so at his own peril as this application will be refused.”

    The judge said the RMAFC did not meet the basic principles in the granting of stay of proceedings which he listed to include; whether there is a pending appeal properly entered at the Court of Appeal or where such an appeal raised issue of jurisdiction of the trial court.

    RMAFC, he noted, was fully aware of the existence of the case in court, but chose to sleep on his right by not entering appearances or filling any process.

    The judge said: “The first defendant was dully served with the originating summons and hearing notices on July 5, 2019 but he did not enter appearance or file any processes in court, only the second defendant who is a nominal party did.

    “He was equally on July 10 served with the interim order of this court made on July 9 by this court along with hearing notice and the originating summons.

    “The first defendant who chose to voluntary stay away from the proceedings is not covered by section 36 of the 1999 Constitution.

    “The role of the court is to maintain a level playing field for parties to ventilate their grievances. Where counsel failed to utilise the opportunity, he cannot now turn around to blame the court. Once that opportunity is offered, the duty of the court ends. I hereby find no merit in this application and same is hereby refused.”

    In the supporting affidavit, the plaintiff said: “Sometime in 2006, the then President, Chief Olusegun Obasanjo intervened in the dispute between the plaintiff and Akwa Ibom State government who were represented by their respective governors. They met and agreed to a political solution which led to the weighting of 50 per cent of the disputed areas comprising 172 oil wells with each of the two littoral states receiving 86 oil wells and the revenue accruing there from with effect from November, 2006.”

    “This agreement, which was reduced into writing and dated October 31, 2006, was exhaustively analysed and appraised by the Supreme Court in its judgment delivered on 18th March, 2011 in Suit No: SC/27/2010, between: Attorney General of Rivers State and Attorney General of Akwa Ibom State & Anor.

    “The parties accepted the political solution method agreement in the interest of peace and stability of the Niger Delta region. It is further stated that the Agreement which was freely and willingly agreed to by the two states regulated the attribution of the 172 oil wells and 13 per cent derivation funds payable there from until the tail end of 2007 when the Akwa Ibom State Government unilaterally sought to rescind the agreement and commenced its agitation for the application of the Historical Titles Method contrary to the Supreme Court decision and Article 15 of UNCLOS, 1982 aforesaid.

    “Owing to the brewing dispute between the plaintiff and the Akwa Ibom State Government at the time, the grievances of the parties were submitted to the Supreme Court of Nigeria for a final determination of the rights and interests of the parties.

    “Notwithstanding the decision of the Supreme Court, the first defendant set up an administrative committee to carry out plotting of coordinates of crude oil and gas wells drilled from September, 2008 to December, 2016.

    “The administrative committee without any representation or impute by the plaintiff deviated from the decision of the Supreme Court of Nigeria delivered on 18th March, 2011 in Suit No: SC/27/2010, between: Attorney General of Rivers State and Attorney General of Akwa Ibom State & Anor in relation to OML 112 offshore by recommending that accruals from OML 112 offshore be reported in favour of Akwa Ibom State at variance with the Supreme Court of Nigeria.

    “The defendants acted on the recommendations of the administrative committee by directing (again without any impute from the Plaintiff) that OML 112 offshore be reported in favour of Akwa Ibom State and that a monthly deduction of the sum of N502, 298,943.03 be deducted from the statutory allocation of the plaintiff vide their letters dated 26th November, 2018, 30th April, 2019 and 20th June, 2019 respectively.

    “The defendants have denied the plaintiff of its proprietary rights to the statutory allocation of 13 per cent derivation from OML 112 offshore from September, 2018 till date in defiance of the subsisting decision of the Supreme Court.”

  • Kogi: Court restrains APC, others from taking final decision on method of primary

    A Federal High Court in Abuja has restrained parties, in the suit challenging the planned adoption of the indirect primary mode by the Kogi State All Progressives Congress (APC), from proceedings with plans to reach final decision on the issue pending the determination of the suit.

    Justice Taiwo Taiwo issued the order on Friday, while ruling on an ex-parte motion filed in the suit, marked: FHC/ABJ/CS/833/2019 by some members of the APC in Kogi –  Destiny Eneojoh Aromeh, Isah Abubakar, Noah Aku and Mrs. Joy Onu. The suit has only the APC as defendant.

    The judge said: “I have gone through the processes filed and digested the written address. I am of the view that, in view of the urgency of the matter and the pending motion for interlocutory injunction, it will be better to give accelerated hearing to the motion and the originating summons filed by the plaintiffs.

    “In the interest of justice, I will abridge the time within, which the defendant will respond to the main suit and the motion for interlocutory injunction, to 10 days, in view of the fact that, from the processes before me, the defendant’s primary is scheduled to hold on the 29th of August 2019.

    “Meanwhile, this court, in order for any of the parties, especially the defendant, not to foist a fait accompli on the court, hereby orders that nothing must be done with regard to the res (subject of the dispute) of this suit until the hearing of the originating summons and motion on notice for interlocutory injunction on the 19th of August 2019.”

    The plaintiffs had, in their ex-parte motion, prayed the court for an order of interim injunction, restraining the defendant by itself, its organs, agents or any person  from adopting the indirect mode of primaries for the nomination of the governorship candidate in the forthcoming governorship primaries of 2019 in Kogi, pending the determination of the motion on notice.

    The judge took arguments on Thursday on the ex-parte motion and fixed ruling for Friday.

    Before the ruling, Damian Dodo (SAN) announced appearance for the defendant (APC) and said his client was challenging the propriety of the proceedings conducted by the court the previous day, on the grounds that they were conducted in its absence, even when the relief sought by the plaintiffs was directed at it (the party).

    The judge however told Dodo that he would not allow his ruling to be arrested by anyone. He only recorded Dodo’s appearance for the APC and another lawyer, A. M. Adoyi (for party seeking to be joined) and then, proceeded to read the ruling.

    At the conclusion of the ruling, the judge directed parties to file all necessary documents before the next date, because he was willing to hear and determine the case on time.

    Read Also: Kogi APC suspends Deputy Governor Achuba

    The plaintiffs are, by the suit, seeking to, among others, stop the party’s National Working Committee (NWC) from adopting the indirect primary model to select candidate for the August 29 primary ahead of the November 16, 2019 governorship election in the state.

    They also argued that, in view of a pending case before another judge of the same Federal High Court, Abuja (Justice Okon Abang) in relation to the dispute over the leadership of the party in the state, it was wrong for a faction to take decision that will affect the entire party while the case was still undecided.

    Plaintiffs’ lawyer, Oluwole Aladedoye told claimed that his clients are elected State Executive (SEC) members of the defendant (APC) in 2018. “They emerged as elected. After the election, the governor (of Kogi State) set up a parallel exco, excluding the plaintiffs from participating in the nomination and the matter is still pending before Justice Okon Abang of this same court.”

    The plaintiffs want the court to determine whether the APC can adopt the indirect primaries with regard to the pendency of the suit filed by Haddy Ametuo, Salam Adejoh (suing for themselves and on behalf of other members) of the State Executive Council (SEC) elected on May 19, 2018.

    They are also praying the court to determine whether the involvement of persons claiming to be members of the Kogi SEC, during the pendency of the suit, in the nomination of the governorship candidate would not amount to interference with the judicial process and run against the principle of subjudice, which would render the outcome of such primary illegal, null and void.

    The plaintiffs are equally praying the court to determine whether the defendant can ignore the suit which seeks to determine the authentic members of the Kogi SEC, who constitute the delegates by adopting the indirect mode of the primary.

    Meanwhile, the APC has reacted to the suit and prayed the court to either strike the suit out or dismiss it on the grounds that, not only do the plaintiffs lacked the locusstandi to initiate the suit, the court also lacked the jurisdiction to hear it.

    In a notice of preliminary objection filed for the APC by Dodo, it was argued that the dispute as to the appropriate mode for the conduct of a political party’s primary election is an internal decision of a political party over which the court cannot exercise jurisdiction.

    The party added: “the plaintiffs filed this suit to challenge the decision of the National Working Committee of the defendant to adopt indirect mode of conduct of primary election in the nomination of its candidate for the governorship election in Kogi State.

    “The dispute as to the appropriate mode for the conduct of a political party’s primary election is an internal decision of the defendant’s National Working Committee. The plaintiffs do not have the requisite locus standi to commence and maintain this suit against the defendant.

    “The plaintiffs are not parties to the suit No: FHC/ABJ/CS/581/2018 between Haddy Ametuo &1other v. All Progressives Congress & two others, which they hinged this suit on. The plaintiffs do not have the requisite locus standi to commence and maintain this suit.

    “The present suit is incompetent and rids this court of the requisite jurisdiction to entertain the suit. The plaintiff’s originating summons filed on 18th July2019 is an abuse of court process, having been accompanied by four different affidavits deposed to by four different deponents,” the APC said.

  • Alleged N9.9b fraud: Court freezes Lagos accounts

    THE Federal High Court in Lagos on Tuesday ordered the freezing of three accounts belonging to the Lagos State Government over an alleged N9.9 billion fraud.

    Justice Chuka Obiozor made the order following an ex-parte application by the Economic and Financial Crimes Commission (EFCC).

    He ordered the accounts’ “suspension” pending conclusion of investigation and possible prosecution of the Permanent Secretary in the Office of the Chief of Staff to the Governor, Adewale Adesanya.

    The accounts are domiciled in First City Monument Bank (numbered 5617984012), Access Bank (0060949275) and Zenith Bank (1011691254).

    In a supporting affidavit, an EFCC investigator, Kungmi Daniel, said the commission discovered huge inflow of N9,927,714,443.29 from the state accounts into the FCMB account.

    He said the account, operated by Adesanya, was opened last September 17 during the Akinwunmi Ambode administration.

    According to the deponent, investigators found that Adesanya and other signatories made fraudulent transfers from the state’s accounts and dissipated the funds.

    Read Also: Court freezes Bauchi’s account

    “The trend is that the account always witnessed huge inflow from Lagos State Government in the above scheduled accounts managed by the respondent (Adesanya).

    “There have been concerted efforts and attempts to dissipate the contents of the accounts listed in the schedule to this application.

    “Without freezing the nominated accounts and temporarily forfeiting the money to the Government of the Federal Republic of Nigeria, there is no way the fraud being perpetrated using the scheduled accounts can be stopped,” the EFCC said.

    EFCC counsel Mohammed Abbas urged the court to grant the order temporarily attaching the accounts to enable it to conclude its investigations.

    Justice Obiozor granted the prayers and adjourned till Friday.

    Some legal sources wondered last night why the victim, the state government, is being made to suffer while those suspected to be involved in the matter are left untouched.

  • Illegal oil bunkering: Naval officer, others get N10m bail each

    The Federal High Court in Lagos has granted a naval officer, Lieutenant Commander Bola Labinjo, bail for 10 million with one surety.

    The Economic and Financial Crimes Commission (EFCC) arraigned her for alleged oil bunkering.

    She was arraigned along with Jonathan Abaka, Charles Ikemefuna Agaba, Benjamin Gagechi, Hamza Yakubu and a vessel, M.T. Adeline Jumbo, on two counts of conspiracy and dealing in petroleum products without license.

    Each of them was granted bail in the sum of N10million.

    The Navy, which arrested the defendants, said Mrs Bola Labinjo’s husband, also a serving naval officer, was under investigation.

    According to the prosecution, the defendants allegedly committed the offence between August and October last year within Nigerian maritime domain and the Gulf of Guinea.

    EFCC said they conspired to deal in Automobile Gas Oil (AGO) off the coast of Gabon on August 13, 2018, without lawful authority and appropriate licence to deal in petroleum products.

    In count two, the defendants were accused of conspiring to deal in Automobile Gas Oil (AGO) on the coast of Gabon on August 13, last year, without lawful authority and appropriate licence.

    The alleged offence is contrary to Sections 1 (19) (a) and (b), and 3(6) of the Miscellaneous Offence Act Cap M17, Laws of the Federation of Nigeria (Revised Edition) 2004 and punishable under Section 1(17) (b).

    Read Also: Weak civil-military relations jeopardise military operations – Navy

    The defendants, including the vessel which was represented by its Chief Financial Officer Nike Folarin, were arraigned before Justice Chuka Obiozor.

    Prosecuting counsel, Stephen Odiase told the court that the defendants were arrested last August 13 by men of the Nigeria Navy with the vessel illegally loaded with the petroleum products.

    The defendants pleaded not guilty.

    Defence counsel, Jerry Omoregie; O. J. Omoruwayo; Uche Obi and Nelson Otaji urged the court to grant their clients bail on liberal terms.

    But, Odiase, urged the court to refuse the bail applications on the ground that the alleged offence was an economy sabotage which affects Nigeria negatively.

    Ruling, Justice Obiozor granted them bail for N10million each with one surety in like sum each.

    The judge also ordered that the sureties must produce three years tax clearance, evidence of means of livelihood, statements of account, title of landed property and two passport photographs.

    The bail conditions were to be verified by the court’s Deputy Chief Registrar (DCR), the court ruled.

    Justice Obiozor, however, granted the defence counsel’s request to release the defendants to them temporarily.

    He released the defendants, except the sixth, to their lawyers, and directed the temporary sureties to deposit their original Call-to-Bar Certificates with the DCR.

    He directed that the bail terms must be fulfilled within 14 days, failing which the defendants will be remanded in prison custody.

    Folarin’s lawyer, P. Amara, urged the court for a short date to enable him file his client’s application, as he was just served with the charge in court.

    The case was adjourned to August 8.

  • Power grab

     

    THE order by Justice Chuka Obiozor of the Federal High Court for “the full disclosure and publication of the names of companies and the whereabouts of the contractors paid by successive governments since the return of democracy in 1999, to carry out electricity projects across the country but disappeared with the money without executing any projects” is commendable. The order followed a suit by the Socio-Economic Rights and Accountability Project (SERAP), under the Freedom of Information Act, after the Federal Ministry of Power had illegally refused to furnish it with the information requested.

    The Deputy Director of SERAP, Kolawale Oludare, further quoted the judge as ordering: “specific names and details about contractors and companies paid by each government; the total amounts paid by each government and the objects for the payments; the level of implementation of electricity projects; as well as details and specific locations of projects executed across the country by each government since 1999.”

    We commend SERAP for its dogged pursuit of accountability in public service, and urge government agencies to cooperate with it, since their demands are in tandem with the avowed goal of the All Progressives Congress (APC) – led Federal Government, to fight corruption.

    It is indeed strange that while the Federal Government claims to be fighting corruption, yet when information is demanded from an agency of government as guaranteed by law to expose potential corrupt practices, such agency will refuse to cooperate. In the judgment, the court held: “the failure by the government of President Muhammadu Buhari to provide SERAP with the details of payments made to contractors by each government since 1999 is a breach of the Freedom of Information Act, 2011.”

    We urge President Buhari not to tolerate such unlawful conduct by any agency, unless his avowal to fight corruption is a ruse. He must remember that history will judge him on the success or failure of arguably this most critical programme of his administration. Those who refused to release the information to SERAP need to be reprimanded. No doubt, the debilitating corruption in public service is responsible for the lack of infrastructure in the country. If we ask, how can our country spend billions of dollars over the years to improve electricity infrastructure, and all we get is darkness?

    Those responsible for the crisis in that sector need to be exposed and punished. So, we support the order of the court compelling the Federal Government to: “urgently disclose if there is an ongoing investigation or prosecution of contractors and companies paid by successive governments since 1999 to carry out electricity projects but failed to execute the projects for which public funds were collected.” If no prosecution is ongoing, then the relevant anti-corruption agencies are lax in carrying out their statutory responsibilities, and they should do the needful.

    It might interest President Buhari to note that the presidential candidate of the main opposition party, Atiku Abubakar, was quoted to have raised concerns about the failure of the present government to bring those responsible for the general deprivation in the electricity sector to account. According to SERAP, it made the demand on the Ministry of Power, after Atiku confirmed the money spent on electricity went down the drain. Atiku also said: “up till now, we are not holding the contractors responsible. People have collected money upfront, one hundred per cent, and have disappeared; and they have not even done any work.”

    We agree with SERAP that the judgment by Justice Obiozor is ground breaking and “a victory for transparency and accountability of public officials, electricity contractors and companies and their shareholders.” To efficiently fight corruption, the judiciary must be in the forefront.

  • Court orders forfeiture of Diezani’s $40m worth of jewellery

    The Federal High Court in Lagos on Friday ordered the temporary forfeiture of 2,149 pieces of jewellery and a customized gold iPhone, seized from Mrs Diezani Alison-Madueke, to the Federal Government.

    The items, valued at $40million (about N14.4b), were recovered from the home of the former Minister of Petroleum Resources.

    Justice Nicholas Oweibo ordered their temporary forfeiture as prayed for by the Economic and Financial Crimes Commission (EFCC).

    The commission, in an ex-parte application moved by Mr Rotimi Oyedepo, said the items were suspected to have been acquired with illicitly acquired funds.

    Mrs Alison-Madueke is the defendant in the application filed pursuant to Section 17 of the Advance Fee Fraud and other related Offences Act No. 14, 2006.

    The EFCC said it found and recovered the jewellery and the customized gold iPhone “on the premises of the respondent”.

    It added that it reasonably suspected that the former minister acquired them with “proceeds of unlawful activities.”

    According to a schedule attached to the application, the jewellery, categorized into 33 sets, include “419 expensive bangles and 315 expensive rings.

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    Others are 304 expensive earrings, 267 expensive necklaces, 189 expensive wristwatches and 174 expensive necklaces and earrings.

    The rest are 78 expensive bracelets, 77 expensive brooches, and 74 expensive pendants.

    EFCC said: “The respondent’s known and provable lawful income is far less than the properties sought to be forfeited to the Federal Government of Nigeria.”

    Justice Oweibo ordered that the 2,149 pieces of jewellery and the customised gold iPhone should be temporarily forfeited to the Federal Government.

    The judge ordered the anti-graft agency to publish the forfeiture order in a national newspaper.

    It is “for the respondent or anyone who is interested in the property sought to be forfeited to appear before this honourable court to show cause within 14 days why a final forfeiture order of the said properties should not be made in favour of the Federal Government of Nigeria.”

    The judge adjourned till August 23.

  • Three remanded for alleged N17.8m fraud

    A FEDERAL High Court in Lagos on Thursday remanded three men, Alhaji Kabiru Ali, Yusuf Bello and David Boniface, charged with N17,850,00 fraud.

    Justice Nicholas Oweibo made the order following their arraignment on a three-count charge of stealing and money laundering.

    The defendants were arrested by the Economic and Financial Crimes Commission, EFCC, following a petition received by the Commission on May 13, 2019 from the complainant, Ali Isa.

    One of the counts reads: “That you, Alhaji Kabiru Ali, Yusuf Bello, David Boniface and Abdul Isa, a.k.a. Harrison (still at large), sometime in May, 2019 in Nigeria, conspired to indirectly conceal the sum of N17,850,000 (Seventeen Million, Eight Hundred and Fifty Thousand Naira) in the Guarantee Trust Bank account of Baalina Nigeria Limited, which sum you ought to have known forms part of proceeds of unlawful act to wit: stealing.

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    “You thereby committed an offence contrary to Section 18 (a).15 (2) (a) of the Money Laundering Prohibited Act, 2011 as amended and punishable under section 15 (3) of the same Act.”

    The defendants pleaded not guilty.

    Prosecution counsel, A. O. Mohammed, asked the court for a trial date and also prayed that the defendants be remanded in prison custody pending the hearing and determination of the case.

    Justice Oweibo remanded the men in Ikoyi prison custody and adjourned till November 5, 2019 for hearing of their bail application and commencement of trial.

  • Court orders INEC to issue certificate of return to Sen. Uwajumogu

    The Federal High Court, sitting in Abuja, on Thursday, has ordered the Independent National Electoral Commission (INEC), to issue certificate of return to Sen. Benjamin Uwajumogu as the validly elected senator representing Imo North senatorial District.

    In the application filed by Uwajumogu, for the release of his certificate of return, Justice Taiwo Taiwo said INEC’s decision to review the outcome of the 2019 senatorial election was in contravention of the electoral Act.

    The court further held that INEC was bound by law to issue the certificate of return based on the declaration of the returning who announced Uwajumogu as the duly elected senator for Imo North Senatorial district.

    Counsel to Mr Uwajumogu applauded the verdict of the court, adding that INEC should implement the order immediately.

    Read Also: INEC blames insecurity for inconclusive polls

    “Based on the order, the court said immediately; going by the provision of the electoral act, it ought to be within seven days of the declaration of the result. But for the attitude of INEC, now the court has said the order should be implemented immediately.

    “It is another opportunity for us to be happy again that the Judiciary is standing to what they are called to do in our democracy, this is the last hope of the common man, and they have again decided the position of the law as it ought to be.

    “We are happy about it and we believe our opponent will be happy about it because it is about the development of our law,”

    The court had on April 9, 20l9, ordered INEC to stay all further proceedings and actions connected with the declaration of Imo North Senatorial District election results of Feb. 23 and March 9, 2019, pending the determination of the application for prohibition.

    INEC had conducted an investigation into allegations of misconduct that played out in the election.

    (NAN)

  • Court fixes Sept. 30 to hear demolition suit against UNILAG

    Federal High Court in Lagos has fixed September 30, for hearing in a suit against the University of Lagos, (UNILAG) and two others, over the alleged wrongful seizure of property and rights’ infringement.

    The applicant in the suit before Justice Mohammed Liman, is Mr Emmanuel Ofoegbu, a Lagos-based lawyer.

    Joined as respondents are; Dr Yemi Oke, UNILAG, and one Mr Oluwafemi Adetiba.

    The applicant filed the suit through his counsel Ogedi Ogu, claiming the sum of N50 million against respondents, as compensation for alleged forceful seizure of property of his law office at 366, Murtala Mohammed Way, Yaba.

    The applicant is asking the court’s declaration as unlawful, the forceful seizure and confiscation of his properties, without a court order, after the respondent demolished the said building that housed his law office.

    Afoegbu averred that he was not given the opportunity to be heard by any court or tribunal before the said demolition and seizure of his property were carried out.

    In a supporting affidavit, the applicant claimed that on April 1, he overheard some of his co-tenants saying that the building was billed for demolition by midnight of the same day.

    The plaintiff said that upon enquiries from the third respondent (Adetiba) who had been the Agent/Attorney of the property, he was told that the building had been sold to one Dr Yemi Oke.

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    He said the third respondent also showed him an anonymous letter written by the first respondent, whom he said had been threatening to demolish the building.

    The plaintiff alleged that along with other tenants, they wrote to the Vice-Chancellor, Dean of the Law Faculty, as well as the Chairman of the Governing Council of the University, to prevail on the first respondent.

    The applicant said that he had gone to his office on April 20, only to see hooligans demolishing the entire building and who claimed that they were acting on the instructions of the first respondent.

    He alleged that the urchins also carted away his belongings from his law office and confiscated many others.

    He listed the items to include; two modern office tables valued at N500,000, Six swinging chairs and a book rack valued at N600,000, office safe valued N350,000 and Law books valued at N1 Million.

    Others include; Law reports and Journals valued at N2.5 million, old and new case files of inestimable monetary value, as well as Laptops, stationery and fans all valued at N350, 000.

    Afoegbu claimed that his dependents were going through untold hardships occasioned by the disruption of his legal practice.

    He urged the court to uphold his claim.

    Justice Liman adjourned till September 30.