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Tag: Federal High Court

  • Court refuses Ikpeazu’s request to set aside order on INEC

    Court refuses Ikpeazu’s request to set aside order on INEC

    A Federal High Court in Abuja has rejected request by Abia State governor, Okezie Ikpeazu to set aside the enrolled orders on its judgment of June 27 on which basis the Independent National Electoral Commission (INEC) issued a certificate of return to Samson Ogah.

    Following the June 27 judgement by Justice Okon Abang, sacking Ikpeazu, an enrolment of the judgment orders were served on INEC, on which it relied in issuing the certificate of return to Ogah.

    Monday, Ikpeazu’s lawyer, Wole Olanipekun (SAN) had while praying the court to set aside the enrolled orders, argued that it formed the basis of the confusion created by INEC’s action.

    Olanipekun, in his counter-response, again accused INEC and Ogah of being the ones resorting to self-help.

    He argued that there was no justification for presenting the certificate of return to Ogah on June 30 after INEC had received the notice of appeal and the motion for stay of execution on June 28.

    He went on to urge the court to set aside the enrolled order of the court issued with respect to the judgment served on INEC, which he said was the foundation of the “purported issuance of the certificate of return” to Ogah.

    He also asked the court to quash the certificate of return issued to Ogah by INEC.

    He said, “I urge your lordship to set aside the certificate of return purportedly issued by INEC on June 28 and handed over to the plaintiff/respondent on June 30 during the pendency of the processes before the Court of Appeal.”

    He urged the court to quash the enrolled order which it issued on the strength of the judgment, arguing that it ought not to have been issued without the parties being given a time lag to exhaust their rights of appeal.

    “Execution of judgment is not automatic as people think. The court is expected to give a time lag to the defendant/judgment debtor,” Olanipekun saidM

    Justice Abang refused to set aside the enrolled court order, saying section 19 of the Sheriff and Civil Processes Act, relied on by Olanipekun did not define processes to include the enrolled court order.

    Describing Olanipekun’s application for the voiding of the court’s enrolled order as lacking in merit, Justice Abang said the court had the power to enroll its order at any time after judgment had be delivered.

    Later, Olanipelun prayed the court to adjourned hearin to a later date in his client’s application for stay of proceedings to enable his respond to the reply filed by Ogah’s lawyer, Alex Iziyon (SAN).

    Iziyon objected and urged the court to set aside the order of the Abia State High Court in Osisioma restraining the Chief Judge of the state from swearing in Ogah as governor, and reiterate the judgment of the court.

    Izinyon argued that going ahead to obtain such an order from the Abia High Court without bringing the order to the attention of Justice Abang on Monday, Ikpeazu had resorted to self-help.

    Izinyon asked the court to set aside the Abia State High Court’s order and reiterate the judgment since Ikpeazu’s motion for stay of execution had allegedly achieved essentially what the motion intended to achieve.

    I”My lord the question to ask borders on the integrity and the sanctity of this order obtained from the Abia State High Court and the application before this court now.

    “They are asking for a date when they have in their pocket a court order which has tied the hands of the plaintiff preventing him from presenting himself for swearing in, contrary to the order of this court.

    “My lord, what is paramount here is that the applicant, Okezie Ikpeazu, went somewhere else to get this order from another High Court.

    “We submit with respect that the applicant did not bring this to your lordship’s attention. They have not told your lordship that they went somewhere else to obtain the order.

    “Now that we have brought this to the attention of the court, our application is that your lordship will undo the act of the applicant by setting aside the order because it was made during the pendency of this application,” Iziyon said.

    In his contribution, lawyer to INEC, Alhassan Umar justified the decision of his cleint to issue certificate of return to Ogah despite the appeal filed by Ikpeazu.

    He argued tahe the mere filing of notice of appeal by Ikpeazu could not operate as stay o proceedings to restrain INEC from executing an order of court duly served on it.

    “We do not object to the application for adjournment.

    “On the issue of enrollment order of this court, the third defendant/respondent (INEC) issued Certificate of Return to the plaintiff respondent as ordered by this court.

    “My Lord, on the issue of time of service of the processes, with due respect, the certificate speaks for itself. The date it was issued is on the certificate.

    “My lord ordered the third defendant to issue certificate of return forthwith and upon service of the order, my lord, on June 28, 2016, the 3rd defendant issued a certificate of return accordingly.

    “The certificate of return was issued before we were served with the motion on June 28. We had issued the certificate upon being served with the order.

    “The certificate bears the date it was issued. We were served with the motion on June 28. But we had issued the certificate upon being served with the order.

    “By the issuance I meant it was signed on June 28, but the actual presentation of the certificate was on June 30.

    “My lord, we had no difficulty in issuing the certificate because election matters are suis generis (are in class of their own), and where the law intends that an appeal should operate as a stay, it is expressly stated so.

    “Section 143 (1) of the Electoral Act deals with election petitions and appeals arising therefrom. The judgment of this court, in our view is not regulated by section 143(1) of the Electoral Act.

    “My lord, in other words, if the law intended that an appeal in a pre-election matter should operate as a stay against the judgment of the court it would have expressly provided so,” Umar said.

    After listening to parties’ submission, Justice Abang elected to hear all pending application, including Ikpeazu’ motion for stay of execution and Ogah’ motion to set aside the order by Abia State High Court to July 7.

    Meanwhile Ogah has appealed to his supporters to remain calm and awaiting the outcome of the pending issues before the court.

    Ogah, in a statement Monday by his Special Adviser on Public Communications, Onyekachi Ubani said “As we enjoin the great people of Abia to remain calm and peaceful as we expect Justice to be done on the matter, Dr Ogah again reaffirms his belief in the rule of rule of law and herein states that this is the right channel for Dr Ikpeazu and his team to seek redress other than resorting to the procurement of a clearly ‘black market judgment’ from an Abia High Court Dr Ogah’s swearing in.

    “It is pertinent to still reiterate that failure to have sworn in Dr Ogah  as the duly elected Governor of Abia State was  an  affront to the rule of law and constitutional governance. The added misfront of instituting and declaring a public holiday in Abia State  to further, in their own wisdom, frustrate Dr Ogah’s swearing in is a clear case of abuse of office.

    “As a law abiding citizen, we submit ourselves to the dictates of the rule of law and in the spirit of true and constitutional democracy await the judgment from the High Court in Abuja on the motion for stay of execution as regards Dr. Ogah’s swearing in slated for Thursday.

    “We enjoin all Abians to remain peaceful as we express optimism that come Thursday, justice will reign supreme over undue machinations. Our resolve to enthrone an Abia that will be the envy of all is total and there is no going back on this.”

  • Court restrains R.T. Briscoe from access to funds over N2.5b debt

    Court restrains R.T. Briscoe from access to funds over N2.5b debt

    *Firm: We’re not indebted to bank

    The Federal High Court in Lagos has restrained an automobile and generator company, R.T. Briscoe Nigeria Plc, from withdrawing its funds in any bank over an alleged N2.5billion debt owed Diamond Bank Plc.

    Justice Ibrahim Buba granted an order of interim injunction restraining the company, its directors or management from “operating, withdrawing from or otherwise tampering with the respondent’s funds in any bank of financial institution within Nigeria.”

    The order, the judge said, will subsist until the bank’s application for the appointment of a provisional liquidator for the company is heard and determined.

    Justice Buba also made a consequential order compelling the affected banks where R. T. Briscoe has accounts to furnish Diamond Bank or its firm of solicitors with details of credit outstanding in the company’s accounts within seven days.

    The judge further barred R.T Briscoe from alienation, dissipating or transferring its fixed and moveable assets, properties, machinery and tools of trade until the bank’s application for appointment of a liquidator is determined.

    Diamond Bank, in its winding-up petition, said R.T Briscoe is its long-standing customer since May 2012.

    It said it availed the bank global facilities which include an overdraft facility, letter of credit facility and term loan, which were all availed in tranches.

    The facilities, the bank said, were for the purchase of Toyota brands of vehicles and spare parts, importation of Atco brand of generators and compressors, purchase of a piece of land in GRA, augmentation of its working capital, among others.

    The bank said following a Central Bank of Nigeria (CBN) directive on non-performing loans, it made a demand for the recovery of total overdue loan obligations of N712,488,921.67 and a total outstanding indebtedness of N2,529,687,108.86 as at last June 3.

    Diamond Bank said it agreed to restructure the credit facilities by revising the repayment schedule, yet the company “willfully failed and/or neglected to liquidate the indebtedness in accordance with the strict adherence to the revised schedule.”

    “The respondent is still heavily indebted to the petitioner in the sum of N2,478,284,729.88 as at May 2016,” the bank told the court through its lawyer Kunle Ogunba (SAN) of Insolvency Forte.

    The bank said R.T Briscoe is “insolvent and unable to pay its just and legitimate debts”, and should, therefore, be wound-up by the court in line with sections 409(1) and 410 (1) (b) of the Companies and Allied Matters Act of 2004.

    But, R.T Briscoe has urged the court to discharge or set aside the interim order of injunction because the bank allegedly suppressed and misrepresented material facts to the court.

    The company said the Companies Winding Up Rules require the petitioner to make the application for injunction on notice rather than ex-parte.

    “There are third party interests being adversely affected by the interim order of injunction granted against the respondent,” R.T Briscoe said.

    The company denied being indebted to the bank to the tune of N2.5billion as at May “or at any time”.

    It claimed to have been servicing its loan obligations monthly despite awaiting the final approval for the loan restructuring.

    R.T Briscoe said its business has been “crippled” by the order as no staff or contractors or suppliers could be paid.

    “It is in the interest of justice to set aside and discharge the interim order of injunction,” the company added.

    Justice Buba adjourned until July 8 for hearing.

  • Court remands ex-Adamawa Gov, Fintiri in Kuje prison

    A Federal High Court in Abuja has ordered that former Governor of Adamawa State, Adamu Umaru Fintiri be remanded in Kuje prison, Abuja.

    His remand order was made by Justice Ahmed Mohammed shortly after Fintiri was arraigned on a five-count charge of money laundering.

    Fintiri is accused, in the charge marked: FHC/ABJ/CB/CB/131/2016, of engaging in money laundering activities involving a cumulative sum of over N1billion.

    Although Fintiri pleade not guilty to the charge, he is to remain in prison custody until Friday when the court will rule of his bail application.

  • Court strikes out suit challenging Buhari’s certificate

    Court strikes out suit challenging Buhari’s certificate

    The Federal High Court, Abuja, on Thursday struck out the suit challenging the academic credentials of President Muhammadu Buhari.

    Justice Adeniyi Ademola struck out the suit following a notice of discontinuance filed by the plaintiff, Mr Nnamdi Nwokocha-Ahaiwe.

    Ademola had reserved ruling for Thursday on an application asking the court to stay execution of a judgment it earlier granted against the defendants.

    When the matter was mentioned, Mr Chikordi Okeorji, counsel to Nwokocha-Ahaiwe, informed the court that the plaintiff had filed a notice of discontinuance.

    Okeorji said the notice was pursuant to order 50 rule 2 (1) of the Federal High Court Rules, adding that the notice of discontinuance was filed on June 27.

    Defendant’s counsel Paul Ajiboye did not oppose the application, but complained that he was not served.

    Ademola then struck out the suit.

    Nwokocha-Ahaiwe, an Abuja-based lawyer, had filed an application asking the court to nullify the election of Buhari as president.

    He said that Buhari did not possess the minimum academic requirements needed to contest for the position of president.

    The plaintiff also alleged that Buhari did not sat for the Cambridge West African School Certificate (WASC) in 1961 as he had earlier claimed.

    But, Buhari raised a preliminary objection that he was not properly served.

    In his preliminary objection, the president challenged the mode of service of the originating summons on him.

    He insisted that he ought to have been served at an address in Kaduna instead of by substituted means at the national secretariat of the All Progressives Congress (APC) in Abuja.

    Ademola had dismissed the preliminary objection on the grounds that it was incompetent and upheld the service of the originating court processes on Buhari.

    The judge said that the service of the court’s processes on the president through the secretariat of the APC was proper.

    Buhari, who was not satisfied with the court’s ruling, took the matter to the Court of Appeal.

    He prayed the appellate court to set aside or discharge the ex parte order granted in favour of Nwokocha-Ahaiwe on Feb. 16, 2015, to serve him with the originating summons by substituted means.

    The president also sought the court to make an order setting aside Ahaiwe’s originating summons for being incompetent.

    Following the appeal, Ademola had adjourned the matter sine die.

    The judge, however, announced on Wednesday that he would deliver judgment on Thursday on the application to stay execution on his earlier ruling.

  • Plaintiff discontinues certificate case against Buhari

    • Court strikes suit out

    A lawyer, Nnamdi Nwokocha-Ahaaiwe  beat a retreat Thursday in the suit he filed before the before the Federal High Court, Abuja challenging the veracity of the academic credentials of President Muhammadu Buhari.

    Nwokocha-Ahaaiwe, had by the suit, sought to disqualify Buhari from the 2015 presidential elections on the ground that he failed to exhibit his West African School Certificate (WASC) in the form he submitted to the Independent National Electoral Commission (INEC).

    On Thursday, Chikodi Okey Orji, representing the plaintiff, moved a motion for discontinuance of the case. He was silent on the reason for his decision to discontinue the case.

    Following Orji’s application, Justice Adeniyi Ademola struck out the case.

    By virtue of “Section 50(2) of the Federal High Court (Civil Procedure Rules, this matter is hereby struck out,” the judge said.

    Justice Ademola had on June 16, adjourned further proceedings in the case indefinitely following the appeal filed against his ruling by lawyers representing Buhari.

    On June 15, Buhari had appealed against a previous ruling of the court dismissing the President’s preliminary objection and held that proper service of processes was effected on the President.

    It was the plaintiff’s main contention that Buhari was not qualified to run for president because he did not possess the minimum qualification to run for the office.

    He had alleged that Buhari did not sit for the Cambridge West African School Certificate WASC) in 1961.

  • Ikpeazu to Abians: I remain your governor

    Ikpeazu to Abians: I remain your governor

    The Governor of Abia State, Dr Okezie Ikpeazu has called on Abians not to panic, but remain clam over the judgment of Justice Okon Abang of the Federal High Court Abuja delivered Monday in favor of Mr. Uche Oga against him, in the case of alleged falsification of tax receipts.

    In a release by his chief Press Secretary, Enyinnaya Appolos, Governor Ikpeazu, who said that he has faith in the judiciary and rule of law, added that he will appeal the ruling as he has instructed his lawyers to file an appeal immediately against the said judgment.

    The Governor noted as an appointee of the Abia State Government from 2011 to 2014, when he served as the General Manager, Abia State Passengers Integrated Manifest and Safety Scheme (ASPIMSS), and first Deputy General Manager, Abia State Environmental Protection Agency (ASEPA) Aba and Environs respectively, before his resignation in October 2014 to contest the Governorship election in the state, that within the period  his taxes were deducted at source, and when he had need of his tax clearance in 2014, he applied to the Abia State Board of Internal Revenue, and was duly issued with his tax receipts for the period in question.

    He maintained that he remains the Governor of the state according to law and will await the final determination of the matter by the appellate courts.

  • Breaking: Court orders Abia governor to vacate office

    Breaking: Court orders Abia governor to vacate office

    A Federal High Court in Abuja on Monday ordered the Governor of Abia State, Okezie Ikpeazu, to vacate office with immediate effect for what submitting false information to his the People’s Democratic Party, for the party’s governorship primary which took place in December 2014.

    In the judgment, Justice Okon Abang ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to the plaintiff, Uche Ogah, who scored second highest number of votes during the primary.

     

  • Journalists, others barred as Ese gives evidence in camera

    Journalists, others barred as Ese gives evidence in camera

    Journalists and parents of Ese, Rose and Charles Oruru, were Wednesday denied access to the courtroom following the ruling of the Federal High Court sitting in Yenagoa to take the minor’s evidence in camera.

    The court’s judge, Justice Njiya Ngajiwa delayed Wednesday’s proceeding for about four hours to enable it dispense with other matters scheduled for the day before handling the case involving the minor.

    Ese was brought to the court under heavy protection by security operatives who shielded her from journalists.

    As at 4pm, the minor was still undergoing cross examination by lawyers to Yinusa Dahiru, his alleged abductor, who reportedly impregnated her.

    Only lawyers representing Dahiru, who is facing a five-count charge in the case between the Inspector General of Police (IGP) and Dahiru and the prosecution were allowed inside the chambers.

    Dahiru, a Kano indigene is standing trial for abduction, illicit intercourse, sexual exploitation and unlawful carnal knowledge of the 14-year-old Ese.

    The prosecution was led by Mr. Kenneth Dika, Deme Pamosoo and Joy Wokpe of the International Federation of Women lawyers (FIDA), a non-governmental organisation,

    The defendant, Dahiru, aka, yellow, was represented by Mr. Kayode Olaosebikan, Abdul Mohammed and Oyebiyi Towo.

    When asked how he felt when he heard that Ese gave birth, Dahiru insisted that Ese was his wife.

    “I don’t want to talk, but she’s my wife,’’ he told journalists, before the prisons officials who accompanied him shut him up.

    But Charles and Rose were obviously angry that they were not allowed into the chambers.

    They waited outside the court premises while their daughter’s evidence was being taken.

    Ese who recently gave birth to a baby girl is still in the protective custody of the Bayelsa state police command.

  • Judge faults EFCC’s arrest, detention procedures

    Justice Gabriel Kolawole of the Federal High Court, Abuja has faulted the procedures being adopted by the Economic and Financial Crimes Commission (EFCC) in arresting and detaining suspects.

    The judge said it was wrong for the EFCC to arrest suspects before or during investigation.

    He also said the practice where the EFCC procures remand orders from Magistrates Courts, in cases on which they lacked jurisdiction was unlawful.

    Justice Kolawole also declared unlawful and a violation of the provision of the law establishing it, where the EFCC freezes a suspect’s account without an order of court.

    “The practice of arrest before trial is not only absurd; it is a corruption of the due process of law and Constitution. The earlier the Magistrates Courts and other lower courts realised that they are being used to subvert the Constitution the better,” the judge said.

    He added: “It is as a result of incidents, such as this, that make the Judiciary to be opened to public ridicule and opprobrium of issuing black market orders of remand by courts, who ex-facie (on the face of it), lack the jurisdiction to try the offences being investigated.

    “And these are, in my view quite unfortunate. The statutory agencies seem to side-track the obligations and rights created by the Constitution to protect citizens’ fundamental rights from being abused and violated,” the judge said.

    Justice Kolawole spoke in a judgment he delivered yesterday in a fundamental rights enforcement suit filed by Abdulazeez, a serving senator and son of former governor of Adamawa State, Murtala Nyako.

    The Chief Judge of the High Court of the Federal Capital Territory (FCT), Abuja, Justice Ishaq Bello had, on January 12, 2016, faulted the practice where Magistrates grant remand warrant in relation to cases on which they lacked the jurisdiction to entertain. He directed magistrates in the FCT Judiciary to desist forthwith from granting remand orders to investigating agencies in such instances.

    Justice Kolawole, in the judgment Wednesday, did not comment on the constitutionality or otherwise of the provision of Section 293 of the Administration of Criminal Justice Act (ACJA) 2015, which allows magistrates to remand suspects on holding charge for a maximum of two weeks in situation where the prosecution required time to tidy up its case.

    He said the practice was a “jaundiced interpretation” of the Supreme Court’s decision in the case of Lufadeju vs. Johnson in SC/247/2001, where the Supreme Court upheld the powers of the Magistrates Courts to issue remand warrants even where they lacked jurisdiction to try the offences charged.

    Abdulazeez, who is currently standing trial (before another judge of the Federal High Court, Abuja), with his father and some others on money laundering related offences, was arrested by the EFCC on February 12, 2015 and released on February 17, 2015. His account, frozen by the commission since July 14 of 2014, is yet to be released till date.

    The applicant argued that his detention for three days without being taken before any court was a violation of his right to personal liberty as guaranteed under Section 35 of the Constitution.

    Justice Kolawole, who held that EFCC had a justifiable reason to have arrested the applicant, found that the detention of Abdulazeez by the EFCC for three days, without taking him before a court of competent jurisdiction was a breach of the provision under Section 35 of the Constitution.

    He held that the decision by the EFCC to deploy its administrative powers to freeze the applicant’s bank account since July 14, 2016, without obtaining a court order to that effect, was a violation of the provision of the EFCC Establishment Act.

    Justice Kolawole noted that the respondent (the EFCC) did not furnish his court with information of the outcome of its investigation of the allegations against the applicant, and whether or not charges have been filed against him.

    He said the pendency of the suit before his court was not sufficient to restrain the EFCC from taking further steps in the case. He said all the respondent was required to do was to inform the court of its intention to file charges.

    Justice Kolawole awarded N12.5million in exemplary damages against the EFCC and in favour of the applicant.

  • Jimoh Ibrahim urges court to nullify assets seizure

    Jimoh Ibrahim urges court to nullify assets seizure

    Billionaire businessman Jimoh Ibrahim has urged the Federal High Court in Lagos to discharge an interim order obtained by the Asset Management Corporation of Nigeria (AMCON) taking over his assets over an alleged N50billion debt.

    In a statement, Ibrahim said the order AMCON got would only last for 14 days and was not a judgment.

    “AMCON is executing the interim order even when the judge has not signed the execution write,” Ibrahim said.

    The businessman added: “AMCON is aware that we keep a deposit of N86bilion or 172million pounds with Union Bank and AMCON is aware that an application to collect the money from Union Bank is pending before an Ikeja High Court. All of this facts it has not disclosed to an innocent Federal High Court.”

    Ibrahim, who accused AMCON of spreading lies after lying to get the order, said he would not be intimated.

    “It is laughable and a wide ambition to say anyone in Nigeria can seize my property! What a dream!!! We shall abide with the law and any interim order of court even when they are made in error as we are not far away from justice,” Ibrahim said.

    Ibrahim’s companies affected by the order include NICON Investment Limited, Global Fleet Oil and Gas Limited, Nigeria Re-Insurance Company Plc, NICON Insurance Company Plc, Nigeria Stockbrokers Limited and NICON Trustees Limited.

    The court barred the business mogul from withdrawing money from the companies’ accounts in any bank until the suit is determined.

    According to AMCON, Ibrahim’s companies were indebted to it to the tune of over N50billion, adding that despite “protracted negotiations and court battles,” the debt remains unpaid.