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Tag: Federal High Court

  • N524m debt: Firm asks to court to restrain German Chemicals

    A funds manager, Financial Derivatives Company (FDC) Limited, has asked the Federal High Court in Lagos to restrain Nigerian German Chemicals Plc from withdrawing its funds from all banks in Nigeria.

    The petitioner/applicant is praying for an order of interim injunction restraining the company, its directors or staff “from operating, withdrawing from or otherwise tampering with the respondent’s funds in banks and other financial institutions”.

    FDC, through its lawyer Mr Kunle Ogunba (SAN), said Nigerian German Chemicals owes it N524million and has refused to re-pay the sum.

    It also wants the court to bar the company from tampering with its moveable and immovable assets within and outside Nigeria, especially at its Pharmaceutical Factory on KM 38 Abeokuta Expressway, Otta, and at its corporate office at Plot 144, Oba Akran Avenue, Ikeja pending the hearing and final determination of the application for the appointment of a provisional liquidator for the company.

    The applicant sought a consequential order directing all banks holding the company’s money to furnish FDC’s lawyers with details of the outstanding credit in Nigerian German Chemical’s account within seven days of receipt of the order when it is made.

    FDC also prayed the court for an order of interim injunction restraining the respondent or its agents from tampering with, alienating or transferring its assets, including machinery and funds within and outside Nigeria until the application for the appointment of a provisional liquidator is heard and determined.

    The petitioner said it offered several loan facilities to the respondent, which has not been repaid.

    “As at October 2015, the respondent is still indebted to the petitioner in the sum of N524, 063,801.71. Despite the grant of the revised payment schedule to the respondent for more flexible repayment plans, the respondent willfully failed and/or utterly refused to liquidate the indebtedness in accordance with the strict adherence with the revised schedule,” Ogunba said.

    Nigerian German Chemicals, however, opposed the application, urging the court to dismiss it. It also filed a preliminary objection, which was heard yesterday before Justice Babs Kuewumi.

    Responding to the Preliminary Objection, Ogunba argued that the court has jurisdiction to entertain the case, adding that a consultant who prepared a forensic report stating that Nigerian German Chemicals was not indebted to FDC was unilaterally appointed by the respondent.

    “They took money from us and they turned around to say we owe them. I urge my lord to discountenance the forensic report.  The prayer for damages is ridiculous. The objection is unmeritorious, frivolous and an attempt to play to the gallery.

    “The forensic report was orchestrated after the receipt of our several demand letters. The forensic accountant was not appointed by the court or with our consent. If the court does not come to our aid, we risk losing our license. That’s why it is important that this order be made,” Ogunba submitted.

    Nigerian German Chemicals’s lawyer, Mr O. A. Ajasa, urged the court to award his client N5billion damages against FDC.

    He said the petition was in bad faith and filed to annoy his client. According to him, the Nigerian German Chemicals engaged a forensic analyst who found that it was not indebted to DFC.

    Ajasa said mere filing of the winding petition has affected the company’s stock. “The petitioner does not qualify as a creditor to present a petition for winding-up. Besides, the company has no financial obligation to the petitioner,” he said.

    According to him, the balance of convenience is for a going concern to remain in business. “Granting this order will sound a death knell on the respondent. The company manufactures fast-moving consumer goods used every day, has foreign investors and has been in existences for several years. It is not going anywhere.

    “There is no basis in law or in fact for the petitioner to make this application. The forensic expert has no interest in this suit. The application has no merit. We urge the court to dismiss it,” Ajasa said.

    Justice Kuewumi adjourned until December 19 for ruling.

  • Alleged N5m bribe: SAN, female judge contradict each other before EFCC

    Alleged N5m bribe: SAN, female judge contradict each other before EFCC

    The Economic and Financial Crimes Commission( EFCC) on Tuesday grilled another Senior Advocate of Nigeria, Mr. Godwin Obla over payment of a N5million bribe  into the account of a female judge of the Federal High Court, Justice Rita Ofili-Ajumogobia.
    But Obla and the judge contradicted themselves before the EFCC team of interrogators.
    The SAN, who was still undergoing interrogation last night, might be detained by EFCC.
    According to findings, the judge had told the EFCC that the N5million was a part payment for a N40million property she sold to Obla in 2015.
    Obla however said the cash was meant for buying of building materials (iron rods) for a building he was putting up in Abuja and not for buying of any property.
    He said the judge, who was a colleague in the university, only assisted in buying the said building materials.
    He said he came across the judge during a trip to Lagos and sought for her assistance to buy the building materials.
    A source said: “Obla said the judge gave him the name of someone who plies the trade. She provided the company’s name and the account number for the transaction. Obla said he paid the money and goods were supplied.
    “When asked the name of the trader, receipt of transaction and delivery evidence of the goods, the learned silk said he could not remember the name of the trader or his location, neither was there any receipt or delivery note for the transaction.
    Investigation by EFCC detectives confirmed that the N5million was paid into the account of a company in which the judge and her children have interest.
    The source added: “The registered company, not known to be engaged in building materials or any viable business is suspected to be surreptititously set up for the purpose of warehousing proceeds of gratification.
    “The same company has been fingered in other illegal transactions including suspicious payments of sorts by some other persons.”
    Responding to a question, the source said: “I think we might detain the Senior Advocate of Nigeria( SAN), who was a former prosecutor for EFCC.”

  • N5.1bn fraud: Prosecutor’s absence stalls Jonathan’s ex-aide’s trial

    N5.1bn fraud: Prosecutor’s absence stalls Jonathan’s ex-aide’s trial

    The Federal High Court, Lagos Tuesday adjourned till Wednesday the continued trial of former Special Assistant on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo-owei Emmanuel Dudafa, following prosecuting counsel Mr. Rotimi Oyedepo’s absence.

    Dudafa, who the court heard was ‘seriously sick’, was also not brought to court from prison custody.

    He and one Iwejuo Joseph Nna, also known as Taiwo Ebenezer and Olugbenga Isaiah, are standing trial before Justice Mohammed Idris on a N5.1billion fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    The two accused persons were alleged to have used four companies namely; Pluto Property Development Company Limited, Avalon Property Development Company Limited, Seagate Property Development Company Limited, Rotato Property Development Company Limited, and Ebiwise Resources Limited.

    At the resumption of proceedings yesterday, Justice Idris read out a letter from the EFCC and signed by Oyedepo seeking an adjournment to enable him defend an appeal filed by Mr. Ricky Tarfa (SAN), against the Commission in suit number CA/497/2016.

    Tarfa is being prosecuted by the EFCC in three courts on charges including offering gratification to judicial officers and obstruction of public officers in the performance of their duties.

    Defence counsel Mr. Gboyega Oyewole, who did not oppose the application, said he was surprised at his client’s absence.

    “On enquiry from Prison officials, I was told that Dudafa was seriously sick that was why they didn’t bring him to court,” Oyewole said.

    He added that the anti-graft agency had “flagrantly disobeyed” the order of the court to hand over Dudafa’s international passport to the court registrar.

    Consequently, Justice Idris granted the adjournment till November 10, for continuation of trial.

  • Kanu, three others re-arraigned on amended charges

    Kanu, three others re-arraigned on amended charges

    The Federal Government on Tuesday in Abuja, re-arraigned Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOD) on an amended 11-count charge bordering on terrorism, treasonable felony and publication of defamatory matter.

    Kanu, along with Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, were re-arraigned before Justice Binta Nyako of the Federal High Court, Abuja and they pleaded not guilty to the amended charges.

    Nyako fixed Nov. 17 to hear the bail applications filed by counsel to all the defendants.

    Nwawuisi, who is the 4the defendant, was added in the amended 11-count charge, as he had not been previously charged with the other three in the earlier six-count charge.

    In the amended charge, in count one, all four defendants were accused of conspiracy to commit treasonable felony, contrary to Section 516 of the Criminal Code Act.

    In count three, they allegedly managed an unlawful society, while count eight borders on possession of unlawful firearms and count 11 hinges on acts of terrorism.

    They allegedly committed the offences in Nigeria and London between 2014 and 2015.

    Counsel to the defendants, Chief Chucks Muoma (SAN), Mr Inalegwu Adoga, Mr E.I Esene and Mr Maxwel Okpara, complained to the judge that the prosecution was bent on frustrating the case by employing unnecessary delay tactics.

    But Nyako said that since the case was before her for the first time, she was not interested in what had happened in the past.

    “The case is coming before me for the first time so let us start on a clean slate, forget what happened previously,” Nyako said.

    The News Agency of Nigeria (NAN) recalls that Nyako would be the third judge handling the case against the IPOB leader.

    The first judge that handled Kanu’s matter was Magistrate Shuiabu Usman of Wuse Zone 2, Magistrates’ Court, Abuja.

    Usman squashed all the charges against Kanu after the Prosecutor, the Department of State Services (DSS) filed a motion challenging the court’s jurisdiction to hear the matter.

    The case was later filed in the Federal High Court, Abuja, where it was assigned to Justice Adeniyi Ademola.

    Kanu, however, during one of sittings told the court that he was no longer confident in the court saying he got information that he would not receive a fair hearing.

    The case file was then returned to the Chief Judge of the Federal High Court, Justice Ibrahim Auta who reassigned it to Justice John Tsoho.

    However, following an alleged conflicting ruling giving on the issue of secret trial in favour of the DSS, Kanu in a petition asked the National Judicial Council (NJC) to investigate Tsoho.

    He also filed an application asking the judge to disqualify himself from the matter.

    Tsoho then hands off the matter on Sept. 26 and sent the case file to Auta, who reassigned it to Nyako. 

  • Alleged fraud: Prosecution’s absence stalls ex NAMA chief’s trial

    Alleged fraud: Prosecution’s absence stalls ex NAMA chief’s trial

    Justice Babs Kuewumi of the Federal High Court, Ikoyi, Lagos Tuesday adjourned till December 2, to commence the trial of a former Managing Director (MD) of the Nigeria Airspace Management Agency (NAMA), Ibrahim Abdulsalam.

    Abdusalam and six others are being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a charge bordering on the alleged theft and conversion of NAMA’s N6.8billion.

    At the commencement of proceedings Tuesday, Justice Kuewumi announced that there was a letter from prosecution counsel, Rotimi Oyedepo seeking an adjournment.

    Oyedepo, he stated, informed the court that he was summoned, through a hearing notice, to the Lagos division of the Court of Appeal.

    The court then adjourned the case till December 2.

    On April 7, EFCC docked the NAMA boss, three directors of the agency and the wife of one of the agency’s directors. They denied the charge.

    Apart from Abdulsalam, other defendants are Adegorite Olumuyiwa, Agbolade Segun, Clara Aliche, Joy Adegorite, and two limited liability companies, Randville Investment Ltd and Multeng Travels and Tours Ltd.

    In the charge, the anti-graft agency alleged that on August 19, 2013, the defendants conspired to induce NAMA to deliver the sum of N2.8 billion to Delosa Ltd, Air Sea Delivery Ltd and Sea Schedules Systems Ltd.

    The EFCC stated that the delivery was under the pretence that the money represented the cost of clearing NAMA’s consignments.

    In another instance, the commission alleged that that between January 2 and December 17, 2013, the defendants converted N191 million belonging to NAMA to themselves.

    The defendants were also said to have converted N728 million between 2013 and 2015, as well as other sums.

    According to the charge, the offence offended Sections 8(a) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and was punishable under Section 1 (3).

  • Arrest of judges: Court refuses to retrain Buhari, DSS, others 

    Arrest of judges: Court refuses to retrain Buhari, DSS, others 

    …Asks them to show cause

     

    A Federal High Court in Abuja has rejected an ex-parte motion seeking to among others; restrain President Muhammadu Buhari, Director General of the Department of State Services (DSS) and others from taking further actions against some judges recently arrested by the DSS.

    Justice Gabriel Kolawole, in a bench ruling on Friday, refused to grant ex-parte a request for an order restraining the defendants from re-arresting or taking any “untoward action” against five of the eight judges’ whose houses were recently raided by DSS’ operatives.

    The defendants are President Buhari, DG, DSS, Lawal Daura; the DSS; the Attorney-General of the Federation, Abubakar Malami, the Inspector General of Police (IGP) and the National Judicial Council (NJC).

    The motion was filed by a lawyer, Olukoya Ogungbeje. He specifically sought an order of interim injunction restraining “the respondents, their agents, servants, privies, men, officers or anybody deriving authority from them by whatever name called from further arresting, intimidating, arresting, inviting, seizing or taking any untoward action against the arrested and affected honourable judges and judicial officers pending the hearing and determination of the substantive suit.”

    He explained, in a supporting affidavit, that his motion was informed by his apprehension that the judges could be charged in court before the conclusion of the substantive suit he filed, challenging the propriety of the DSS’ invasion of the judges’ houses, their arrest and detention.

    Justice Kolawole, after listening to Ogungbe’s lawyer, Ayo Ogundele argued the motion, said he must first resolve a number of issues, particularly the plaintiff’s locus standi, in an inter-party hearing, before making a pronouncement on the prayer as contained in the motion.

    The judge directed that the plaintiff’s motion on notice, seeking similar prayer,  be served on the respondents.

    Justice Kolawole ordered President Buhari, Daura; the DSS; the AGF and IGP  to appear in court on the next adjourned date (November 15)  to show cause why the interim restraining order sought by the plaintiff should not be granted.

    The judge ordered that the plaintiff’s motion ex-parte and on notice be served on the respondents and they shall be enti‎tled to respond within seven days of being served.

    Ogungbeje had on October 14 filed the substantive suit marked: FHC/ABJ/CS/809/16, arguing that  the arrest of the judges without recourse to the NJC was unlawful and amounted to humiliating them.

    Ogungbe, who sued on behalf of five of the judges, who are still in service,  said the DSS operations violated the rights of judges under sections 33, 34, 35, 36, and 41 of the Constitution.

    The judges are Sylvester Ngwuta, John Okoro, Adeniyi Ademola, Muazu Pindiga and Nnamdi Dimgba.

    The plaintif, is seeking 10 reliefs including N50bn against the defendants as “general and exemplary damages” and N2m as cost of the suit.

    Ogungbeje equally wants an order compelling the DSS to return to the judges the sums of money recovered from them.

    He also seeks perpetual injunction restraining the defendants from arresting, inviting, intimidating, or harassing the judges with respect to the case.

    The plaintiff is among others contending that the raid on the residences of the judges and their arrest was unconstitutional.

    He argued that the arrest of the judges did not follow the law.

    The plaintiff, in a supporting affidavit, stated that: “the 1st (President Buhari), 2nd (DG of DSS), 3rd (DSS), 4th (AGF), and 5th (IGP) respondents have no petition against the affected to the 6th respondent (NJC).

    “The 6th respondent is the only body empowered by the constitution of the Federal Republic of Nigeria to discipline judges and judicial officers in Nigeria.

    “The judiciary is an independent arm of government in Nigeria and separate from the executive and the legislature.

    “This illegal and unconstitutional action by the 1st, 2nd, 3rd, 4th and 5th respondents have been roundly condemned by the Nigerian Bar Association.

    “The 2nd (DG of DSS), 3rd (DSS), and 5th (IGP) respondents carried out their action which brazenly infringed upon the rights of the affected five judges without lawful excuse or recourse to the 6th respondent.

    “The 2nd, 3rd and 4th (AGF) respondents have no right under the law and and Constitution of the Federal Republic of Nigeria to discipline, infringe upon the rights of the affected judges.

    “Due process of law has not been followed in the arrest, humiliation harassment and detention of the affected Judges by the armed agents and officers of the 2nd, 3rd, 4th and 5th respondents

    “The affected judges have not committed any crime or wrong known to law to warrant their arrest, harassment, humiliation and detention, the forceful invasion and sieging of their residential houses and the forceful seizure and confiscation of their monies and properties without any court order.

    “Due process of law were not followed and carried out by the 2nd, 3rd and 5th respondents before the arrest, humiliation, harassment, embarrassment, hounding, detention and forceful, seizure and confiscation of their monies.

    “The officials and agents of the 2nd, 3rd and 5th respondents have threatened and vowed to continue to use to use unconstitutional means to arrest, humiliate, harass, pillory, hound, intimidate, and detain Hon. Judges and judicial officers of superior courts in Nigeria without recourse to the 6th respondent as the constitutionally recognised body to discipline erring judges.”

  • Ex-NIMASA DG proposes plea bargain with EFCC

    Ex-NIMASA DG proposes plea bargain with EFCC

    A former Acting Director-General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Haruna Jauro, Monday proposed to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned him at the Federal High Court in Lagos for alleged N304.1million fraud.

    Jauro is among four ex-NIMASA chiefs charged with corruption-related offences.

    Others are Patrick Akpobolokemi, Calistus Obi and Temisan Omatseye, who was convicted.

    Obi, ex-NIMASA’s Executive Director, Maritime Labour and Cabotage Service, took over from Akpobolokemi, who is facing five separate fraud charges.

    Obi was relieved of his duties less than a week later, and replaced by Jauro, who was Executive Director, Finance and Administration.

    Jauro was charged with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting N304.1 million belonging to NIMASA.

    EFCC said they conspired on January 6, 2014, to convert N156, 477,500 belonging to NIMASA, knowing the money was stolen.

    They also allegedly converted N38, 170,000 between June 3 and September 1, 2014, “knowing that the sums were proceeds of stealing, and thereby committed an offence contrary to Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3).”

    EFCC said on May 30 and August 14, 2014, they converted N8, 500,000.00, property of NIMASA. The prosecution said they did so “knowing that the sums were proceeds of bribery”.

    The defendants had pleaded not guilty to all counts when they were arraigned, with EFCC opening its case.

    Trial was billed to resume Monday before Justice Mojisola Olatoregun-Ishola, but defence counsel Babajide Koku (SAN) said his client had begun plea bargain talks with the prosecution.

    He told the judge that the defence took the decision Monday.

    “It (plea bargain decision) came up this morning. I discussed directly with my learned friend (prosecution counsel) this morning,” Koku said.

    EFCC’s lawyer Rotimi Oyedepo confirmed the development.

    He said: “I confirm the intention of the defence to enter a plea bargain with the prosecution.”

    Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.

    “By the time you come back, you would have filed the plea bargain agreement and I would have looked at it and evaluated it,” she said.

    The judge adjourned until November 21.

  • EFCC re-arrests Fani-Kayode as N4.9b laundering trial begins

    The Economic and Financial Crimes Commission (EFCC) Friday picked up former Minister of Aviation, Mr. Femi Fani-Kayode within the premises of the Federal High Court, Lagos.

    Fani-Kayode was stopped by three EFCC operatives at about 1:55pm just as he stepped out of Justice Muslim Sule Hassan’s court where he and four others were on trial on a N4.9 billion money laundering charge leveled against them by the commission.

    The operatives, one dressed in white kaftan and the others in black suits, flanked his sides, and requested that he followed them to the commission but allowed him to speak to the press, where he confirmed the arrest.

    “The Economic and Financial Crimes Commission has re-arrested me on a matter touching on, I believe, a case in Abuja, which we have already acknowledged the fact that the matter is for November 10, and my lawyers have appeared in court.

    “The court is seized of the matter and my lawyers have undertaken to produce me in court. They have written a letter which has been acknowledged by the EFCC, saying I’ll be in Abuja to answer to those charges on November 10,” Fani-Kayode said.

    He was then led to a white Toyota Hiace bus which had barricaded the court’s gate and driven away.

    Earlier, the EFCC opened its case against the former Director of Media and Publicity of the People’s Democratic Party (PDP) Campaign Organisation of ex-President Goodluck Jonathan.

    Fani-Kayode is standing trial alongside a former Minister of Finance, Nenandi Usman, and Danjuma Yusuf, as well as a firm, Joint Trust Dimension Nig. Ltd.

    They were arraigned on June 28, on a 17-count charge bordering on unlawful retention, unlawful use and unlawful payment of money in the tune of about N4.9 billion.

    They each pleaded not guilty to the charge and were granted bail.

    Prosecuting counsel Mr. Rotimi Oyedepo called his first witness, Mr Idowu Olusegun, a media consultant with Paste Posters Company (PPC).

    Olusegun testified during evidence-in-chief that he was paid N30million in cash by the PDP campaign organisation, for media consultancy services worth N54 million during the entire period of the electioneering.

    The witness said his company got the contract via a proposal letter it wrote on January 28, 2015, to the campaign organisation whose address is at 14B, Samora Michael Avenue, Asokoro, Federal Capital Territory (FCT), Abuja.

    After negotiations, his firm printed A2 sized campaign posters at N50 per unit and A4 sized campaign fliers at N20 per unit after which he was invited to the organisation’s office in Abuja and given N30 million in cash.

    He told the court that he had demanded to know why payments was made in cash, and was informed by one Mr Oke, that cash was the approved means of payment.

    The witness testified further that Mr Oke had been the person communicating with him throughout the pendency of his engagement to do the media jobs, but that he assumed that Mr Oke acted on behalf of second defendant, Fani-Kayode.

    Olusegun added that a balance of N24 million was not paid to his company.

    After his testimony, the court adjourned till November 14 and 15 for continuation of trial.

    Meanwhile, mild drama occurred during trial when Justice Hassan ordered the seizure of Fani-Kayode’s mobile phone after it rang out loud during sitting.

    The judge also warned his counsel, Mr. Wale Balogun, after Fani-Kayode was observed sipping a bottle water during proceedings.

    The judge warned counsel to seek leaving of court whenever his client needed a drink of water.

    “The court is not a market place, there must be order and sanity,” Justice Hassan said.

    The defendants, according to the charge, committed the alleged offences between January and March 2015.

    In counts one to seven, they were accused of unlawfully retaining over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.

    In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.

    Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke, who was said to be at large, were accused of making cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.

    Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No. 125, Lewis Street, Lagos, in excess of amounts allowed by law.

    All offences were said to have contravened Sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

  • Judge’s absence stalls Fani-Kayode, Usman’s money laundering trial

    Judge’s absence stalls Fani-Kayode, Usman’s money laundering trial

    The Federal High Court in Lagos Wednesday adjourned till October 21, the trial of a former Minister of Aviation, Femi Fani-Kayode and former Minister of Finance, Nenandi Usman, following the absence of presiding judge, Justice Sule Hassan.

    Justice Hassan was said to be away on official assignment.

    Fani-Kayode, a former director of media and publicity, campaign committee of ex-President Goodluck Jonathan and Usman are standing trial for alleged money laundering alongside Mr. Danjuma Yusuf and a firm, Joint Trust Dimension Nig. Ltd.

    They were arraigned by the Economic and Financial Crimes Commission (EFCC) on June 28, on a 17-count charge bordering on unlawful retention, unlawful use and unlawful payment of money to the tune of about N4.9 billion.

    They each pleaded not guilty to the charge and we’re granted bail.

    According to the charge, they committed the alleged offences between January and March 2015.

    In counts one to seven, they were accused of unlawfully retaining over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.

    In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.

    Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke, who was said to be at large, were accused of making cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.

    Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No. 125, Lewis Street, Lagos, in excess of amounts allowed by law.

    All offences were said to have contravened Sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

  • Arrest of judges: Justices Ademola, Dimgba resume duties

    Justices Adeniyi Ademola and Nnamdi Dimgba of the Federal High Court, Abuja resumed works Monday, about a week after their houses were raided and Ademola arrested by men of the Department of State Services (DSS).

    Both judges conducted court businesses Monday in their courtrooms – Courts 7 and 11.

    While Justice Dimgba heard a case – the suit marked: FHC/ABJ/CS/788/2016 by a governorship aspirant of the All Progressives Congress (APC), Olusegun Michael Abraham, Justice Ademola attended to 12 cases.

    Justice Ademola sat from a little over 9am to 10. 44a.m. Among the cases he attended to were two filed against the DSS by two individuals currently being held by the agency.

    The first was the one marked: CS/518/2016 filed by Olusegun Komolafe against Director General, SSS (also DSS) and another; and the second marked: CS/498/2016 by Engr Chidiebere Onwudiwe v. SSS.

    The DSS did not attend proceedings and was not represented; following which Justice Ademola ordered the issuance of hearing notices on the DSS before the next date.

    The Nation learnt that the judges were encouraged by the court’s authorities to resume duties in the absence of any query and suspension notice issued to them by the National Judicial Council (NJC).

    “A judge’s conduct could only be queried by the NJC. He can only be suspended from office or recommended for either retirement of dismissal by the NJC.

    “In the case of the judges arrested by the DSS, they still remain judges and will continue in that capacity until they can no longer do so.

    “As it is now, they have neither been suspended not recommended for removal. So, they remain judges, who are liberty to perform their judicial functions and act in the capacity of a judge,” a senior official of the court said.

    In the suit by Abraham, Justice Dimgba ordered the service of court documents, in relation to the case, on APC’s National Chairman, John Odigie-Oyegun and the party’s purported governorship candidate, Oluwarotimi Akeredolu through substituted means.

    The judge’s order was informed by application by plaintiff’s lawyer, Prof Yemi Akinseye-George (SAN), in which he complained of his client’s inability to effect personal service on the two defendants.

    He said service has been effected on the other two defendants – APC and the Independent National Electoral Commission (INEC).

    Abraham’s suit is, among others, challenging the competence of the last APC’s governorship primary election in Ondo State held on September 3 this year.

    The plaintiff, who raised eight questions for the court’s determination, is praying the court to among others, declare that the primary election was held in violation of provisions of the APC’s Electoral Guidelines for Governorship primary election 2014 and the party’s constitution and therefore invalid and incapable of producing Akeredolu as a candidate.

    He also seeks an order setting aside the primary for alleged non-compliance with the provisions of the party’s primary election guidelines and constitution.

    Abraham, who emerged second in the primary election, equally wants the court to set aside the purported submission of Akeredolu’s name to INEC by Odigie-Oyegun and the electoral body’s acceptance of the name as the APC’s candidate for the forthcoming governorship election.

    He also seeks an order compelling INEC to extend time within which the APC could conduct a fresh primary based “on the congress and congress appeal committee’s delegates’ list 2014 and in compliance with the provisions of the Electoral Act, the constitution of the APC, the party’s electoral guidelines 2014 and the Constitution of Nigeria.

    A date will be fixed for the hearing of the case after the plaintiff reports compliance with the order for substituted service.