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Tag: Federal High Court

  • Court can’t compel Nigeria to subscribe to African Court – judge

    Justice John Tsoho of the Federal High Court in Abuja has held that Nigeria cannot be compelled under any law to subscribe to the authority of the African Court on Human and Peoples’ Rights (ACHPR).

    Justice Tsoho said this while rejecting a suit by rights activist, Femi Falana (SAN), in which he among others prayed the court to direct the Federal Government (FG) to accept the competence of the African Court to hear cases presented by Nigerian citizens.

    Falana had argued, in the suit marked: FHC/ABJ/CS/356/2019 that Nigerians were currently unable to file cases before the court, because the country was yet to make the needed declaration, accepting the court’s competence to receive cases from Nigeria.

    But, in a judgment on Tuesday evening, Justice Tsoho held that his court was without the requisite jurisdiction to grant the prayers sought by the plaintiff.

    The judge held that the law, establishing the ACHPR has made provisions for how member states could make the needed declaration, which did not include that a state could be compelled.

    Details shortly….

  • Jonathan’s wife forfeits N12.2b to Fed. Govt

    THE Federal High Court in Lagos on Monday ordered the final forfeiture of N12.2 billion belonging to former First Lady Dame Patience Jonathan to the Federal Government.

    Justice Mojisola Olatoregun ruled on an application by the Economic and Financial Crimes Commission (EFCC), that prayed the court to order the forfeiture of $8.4 million (about N3.030 billion) and N9.2 billion found in her companies’ accounts.

    Justice Olatoregun agreed with the EFCC that the money was reasonably suspected to be proceeds of crime.

    She held that the respondents could not show cause as to why the funds should not be permanently forfeited to the government.

    The Justice had on April 20 ordered the funds’ temporary forfeiture and subsequently directed parties to give oral evidence to explain the monies’ source.

    Mrs. Jonathan, Globus Integrated Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd, Pagmat Oil and Gas Ltd, Magel Resort Ltd and Oba were the respondents.

    Details of the forfeited sums showed N1.085 billion and N226.3 million found in Finchley’s Ecobank were account and N39.4 million in its Diamond Bank account, as well as N55.9 million found in Pagmat Oil and Gas’ Diamond Bank account.

    Also forfeited is $429,381.87 (about N154.9 million) found in Mrs Jonathan’s sister Esther Oba’s Skye Bank account numbered 211000170, which EFCC said is suspected to be “proceeds of unlawful activity.”

    Further breakdown are as follows: $3,645,013.73 found in an account number 2031277178 domiciled with First Bank of Nigeria Ltd; $4,361,393.24, found in Skye Bank Plc account number 1771421299, and N1, 800,494,000 in Fidelity Bank Plc account 4011019539).

    Others are N226,376,700.23 (Ecobank Ltd account 1102001996), N1,085,576,947.99 (Ecobank 1102001996), N39,418,712.12 (Diamond Bank 0019213687), N7,213,303.50 (Diamond Bank 0026718889), N55,930,024.50 (Diamond Bank 0026838491)

    Also forfeited are N858,923,982.55 (Zenith Bank Plc 1011744356), N1,809,666,494.68 (Fidelity Bank 4011019560), N1,000,494,000.00 (Fidelity Bank 4011019546), N317,397,458.26 (Stanbic IBTC Bank Plc 0016971559), and N1,809,666,494.68 (Fidelity Bank 4011019577).

    Others are N174,166,207.06 (Diamond Bank 0024351590), N858,923,982.55 (Zenith Bank 1011744356), N1,809,666,494.68 (Fidelity Bank 4011019560), N1,000,494,000.00 (Fidelity Bank 4011019546), N317,397,458.26 (Stanbic IBTC Bank 0016971559), and N1,809,666,494.68 (Fidelity Bank 4011019577).

    The rest are N55, 930,024.50 (Diamond Bank 0026838491), $429,381.87 (Skye Bank Plc 2110003170) and N174, 166,207.06 (Diamond Bank Plc, 0024351590).

    EFCC argued that the monies are “reasonably suspected to be proceeds of unlawful activity”, adding that the respondents were not into “any legitimate income-yielding business venture” as to earn such amounts.

    The commission alleged the firms were incorporated for the purpose of warehousing proceeds of unlawful activities for the former First Lady.

    “The depositors into this account are domestic staff of State House, Abuja, who was procured by (an aide) Dudafa Waripamo-Owei to deposit the funds sought to be forfeited in a bid to conceal the true origin of the funds,” the commission said in a supporting affidavit.

    But, Mrs Jonathan, through her lawyers Chief Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), urged the court to refuse EFCC’s application.

    Adedipe argued that the agency did not invite Mrs. Jonathan to explain the source of the funds, nor did it charge her with any offence or substantiate the allegation that the funds were proceeds of unlawful activities.

    Ozekhome added that the funds were earned legitimately, and that the companies were into legitimate businesses.

    The judge allowed the respondents to play video clips of what the companies are involved in.

    The first video showed business outlets and products of Finchley Homes Ltd, including interior and exterior home decorations, household utensils, textiles, drinks, noodles, furniture, a warehouse, as well as various pickup vans said to belong to the company.

    The second video clip showed the business outfit of the Magel Resort Ltd, Otuoke, which comprised a luxurious hotel equipped IT centres.

    Adedipe also exhibited three videos showing activities of the Women for Change Initiative, a Non-Governmental Organisation (NGO) linked to Mrs. Jonathan through which she received donations.

    In her testimony, Mrs Jonathan’s younger sister, Esther Oba, claimed the ownership of the money found in her account, explaining that the funds were raised from the estacodes she got when she served as Special Assistant to former President Goodluck Jonathan on Household Administration and the gifts she got when her mother died.

    She said: “The account is mine and the money in it is mine. I got $600 per day whenever I travelled.”

    Delivering judgment, Justice Olatoregun said she had “no doubts, at all, that these monies are proceeds of unlawful activities.”

    She held: “The respondents failed to dispel the suspicion created by the movement of the monies within the meaning and contemplation of the Advance Fee Fraud and Other Related Offences Act, coupled with the various extra-judicial statements of the Bureau De Change (BDC) agents which were not controverted by the respondents.

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    “In all of this, taking into consideration the overwhelming evidence provided by the applicant, the mode, the circumstances and the manner involved, using fictitious names, etcetera, to lodge monies in her name by named and unnamed individuals and BDCs, I cannot come to a conclusion by any sense of responsibility that these monies are proceeds of lawful activities within the meaning and contemplation of the provisions of the Advance Fee Fraud and other related offences Act 2006; the Money Laundering Act 2004 and the Economic and Financial Crimes Commission Act 2004 and other laws enforceable under the EFCC Act 2004.”

    According to the judge, the respondents failed to show cause why the monies should not be permanently forfeited to the Federal Government of Nigeria.

    Justice Olatoregun added: “A lot of heavy weather has been of the money belonging to ‘Women for Change’ by both parties but no single account of the NGO is before the court.

    “From the affidavit evidence, it can be said that the suspicion raised by the EFCC has nothing to do with the corporate existence of the respondents’ companies. It relates to the funds found in the account of the companies.

    “The oral testimonies of the three witnesses who gave evidences for the third to sixth respondents could not explain the source of income of the companies.

    “The third to sixth respondents failed to show cause why the money should not be forfeited to the Federal Government. I have no doubt at all that these monies were proceeds of unlawful activities. There were no explanations as to why the funds were paid into the companies’ accounts.

    “Taking into consideration the overwhelming evidences provided by the applicant, I cannot come to conclusion with any reasonable sense that the funds were not proceeds of unlawful activities.

    “I am satisfied that the respective sums upon which the application for final forfeiture is sought are liable to be forfeited”.

    The EFCC, in a separate forfeiture proceeding also pending before Justice Olatoregun, is seeking the final forfeiture of another $5.7 million and N2.4 billion belonging to Mrs. Jonathan.

    Judgment will be delivered in the case in September, it was learnt.

  • Students’ detention: Parents to withdraw wards from Madonna Varsity

    Parents of students of Madonna University, Okija, Anambra State have threatened to withdraw their children from the institution following detention of six students of the institution and a lecturer.

    The media last week was awash of reports of school’s management detention of six students and a lecturer at the Awka prison since February.

    The detainees were accused of expressing opinion on Facebook the institution considered damaging.

    The media reports, The Nation gathered had generated public outcry including threats by some parents who thronged the university to withdraw their wards.

    Speaking with The Nation, one of the parents, Christopher Onyejekwe, whose son was among the detainees, said he had visited the founder of the University, Rev Fr Emmanuel Edeh over ten times to beg for his son’s release.

    He however regretted that such appeals  fell on deaf ears.

    He said, “Fr Ede arrested my son since February 19 till date, saying that he will not release them until they die in prison.

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    “I have approached Fr. Edeh to appeal to him. When the police arrested students, I went to Fr. Edeh 11 times and met him. On the 11th time, the only condition he gave me was to go and pray, which I did.”

    Another parent who spoke in confidence said the period of begging for the students’ release had gone, adding that the only option was to withdraw the child from the school.

    The Vice President, national affairs of National Association Nigerian Students, Chidi Ilogebe disclosed that plans had been concluded to fulfill its threat of shutting down the university if the detained students and their lecturer were not released immediately.

    The matter which was due for hearing at the Federal High Court, Awka on Tuesday could not hold due to the absence of the presiding judge, Justice Babatunde Quadri.

    According to an 11-count charge preferred against the defendants, the prosecutor, Mr A.N. Obo, said the publications on the social media were injurious to the image of the proprietor and the institution.

    He said the alleged offences were punishable under sections 27 (1) (b) and 24 (1) (b) of the Cyber Crimes (Prohibition, Prevention, etc) Act, 2015.

  • Hotelier sues DSS for detaining him without trial

    The Federal High Court in Abuja has joined the Department of State Services (DSS) in a suit by a Lagos hotelier Saibu Ogunmola, who is challenging his detention without trial.

    He was arrested by the men of the Navy in connection with illicit dealing in petroleum products and pipeline vandalism, and was handed over to the Defence Intelligence Agency (DIA).

    Justice Lilian Ojukwu had on April 17 granted an ex-parte application ordering Navy and DIA to produce the hotelier.

    The order followed an application by Ogunmola’s lawyer McAnthony Aikharialea urging the court to order his release following Navy’s failure to arraign him after keeping him for 90 days.

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    DIA and Navy, through their lawyers Messrs C. O. Abodunde and Anthony Ebeh, told the court that Ogunmola was not in their custody but had been transferred to the DSS for investigation and possible prosecution.

    Justice Ojukwu granted Aikharialea’s prayer to join DSS in the suit to explain why it has not charged Ogunmola, who is the Chairman/Chief Executive Officer of Peace and Love International Hotel, Igbo Eseyore, Snake Island.

    The hotelier is praying the court to declare that his arrest and detention by the respondents is a violation of his fundamental rights guaranteed by sections 35, 41 and 41 of the 1999 Constitution.

    He also asked the court for an order restraining the respondents from further arresting, detaining or any other manner infringing upon his fundamental human rights.

    Ogunmola is praying for an order compelling the respondents or their agents to release him forthwith.

    He prayed for N2.5 million as general damages for the breach of his fundamental human rights.

    Justice Ojukwu adjourned until Friday.

  • Court faults INEC’s refusal to issue Okorocha Certificate of Return as senator-elect

    The Federal High Court in Abuja has faulted the decision by the Independent National Electoral Commission (INEC) to withhold the Certificate of Return due to the immediate-past governor of Imo State, Rochas Okorocha, who was declared winner of the last election in Imo West Senatorial District.

    In a judgment on Friday, Justice Okon Abiday ordered INEC to immediately issue Okorocha with the Certificate of Return.

    The judgment was on a suit by Okorocha, in which he challenged the propriety of the decision by INEC to withhold the Certificate of Return even after the Returning Officer for the election declared Okorcha winner of the February 23, 2019 election.

    Justice Abang, who upheld the argument by Okorocha’s lawyer, Kehinde Ogunwumiju (SAN), that since his client was declared winner of the election, INEC lacked the power or legal authority to review the declaration, described INEC’s action as lawless and arbitrary.

    The judge faulted INEC’s claim that it withheld the Certificate of Return on the grounds that its Returning Officer, who announced the result, complained that he declared the election results under duress.

    Justice Abang said it is only an election tribunal that has the power to review whether the results were declared under duress.

    The judge added: ”Once a declaration of the results has been made, that decision is final and can only be reviewed by the election petition tribunal and not by INEC.

    “Therefore, it is mandatory for INEC to include the name of the plaintiff as the winner of the election to the Orlu Senatorial District.

    “Once the declaration is made under section 68(c) of the Electoral Act, INEC has become functus officio (has completed its responsibility) and INEC has no lawful authority to withhold the Certificate of Return for any reason whatsoever.

    “Therefore the issue of duress is unknown to both the Electoral Act and the Constitution

    “The court can see clearly, in the plaintiff’s Exhibit C, the reason why the 1st defendant (INEC) refused to publish the name of the plaintiff on its website as one of the winners of the senatorial elections held on February 23, 2019.

    “It is unlawful for INEC that was supposed to be neutral and independent as its name suggests, to sit in judgment in its own case and come to the conclusion that that the Returning Officer declared the results under duress and refused to issue him the Certificate of Return.

    “Neither the 1999 Constitution, the Electoral Act 2010 nor any other law for that matter confers judicial power on INEC to come to the conclusion that the plaintiff was declared under duress.

    “Under section 68 of the Electoral Act, once a declaration is made, the declaration becomes final and can only be reviewed by the election petition tribunal.

    “INEC has no lawful authority under the  Constitution or the Electoral Act to withhold the plaintiff’s Certificate of Return after it has declared him the winner of the election.

    Read Also: Breaking: Court orders INEC to issue Okorocha certificate of return

    “If indeed, it is true that the Returning Officer made the declaration under duress, it is not for the defendants who lost in the election to proceed to the election tribunal to challenge the election under section 138 of the Electoral Act.

    “Under the Electoral Act, INEC has no authority to decide to withhold the Certificate of Return on the basis that the results were declared under duress.

    “It is only the tribunal that will hear all parties and based on evidence before it will come to its conclusion,” the judge said.

    Justice Abang was also of the view that Okorocha remained elected,  subject to the outcome of the ongoing proceedings of the election tribunal, where the election outcome was being challenged.

    He said: ”It is not lawful for INEC to take the law into its hands by refusing to issue Certificate of Return to the plaintiff. There is no law that supports the unlawful decision of INEC.

    “INEC ought not to have been personal in the matter. In this country, INEC has men and women of integrity, I am surprised that they acted in this manner.

    “The plaintiff was declared the winner of the election. INEC has not, in his counter-affidavit, suggested that the plaintiff did not win the election.

    “INEC did not declare the election as inconclusive. INEC did not declare that the election was won by any other person.

    “There will be constitutional crisis if INEC’s decision is allowed to stand. There can be no vacuum on the seat of the Imo West Senatorial District in the Senate.

    “INEC shall forthwith publish and circulate the name of the plaintiff as the senator-elect representing Orlu Imo West Senatorial District.

    “It is hereby ordered that INEC shall forthwith issue certificate of return as the senator-elect representing representing Orlu/Imo West Senatorial District,” the judge said.

    Justice Abang ordered INEC to pay Okorocha N200,000 as cost, while the other seven defendants in the case are to also pay Okorocha N100,000 each.

    Earlier in the judgment, Justice Abang rejected the objection INEC and the other defendants raised against the suit.

     

     

  • Delta APC: Ogodo-led exco seeks recognition

    The Cyril Ogodo-led executive committee of the All Progressives Congress (APC) in Delta State has urged the Supreme Court to declare it the authentic party leaders.

    It also urged the court and set aside the May 19 judgment of the Court of Appeal which recognised the Jones Erue-led exco as the party leaders.

    An appeal before the Supreme Court by the Ogodo-led exco, through its lawyer, O.J Oghenejakpor, argued that the Court of Appeal misdirected itself in law in its consideration of the cause of action of the appellants when it held in pages 17-18 of the judgment that “it is clear that the crux of the suit at the lower court is the status of the Executive of fourth respondent (APC) at the state, local government and ward levels in Delta State”.

    It also faulted the Court of Appeal for holding that the appellants abandoned their preliminary objection and thereby refused to entertain the preliminary objection properly raised, and ended up striking it out without considering it.

    They said: “The positions sought to be declared as authentic, legal and valid are various levels of political party (fourth respondent and first defendant at the trial) officials in Delta State. It is not a suit in respect of the selection or nomination of a candidate of a political party for election who were to be sponsored by the fourth respondent. It is a case purely concerning members of the state executives of the fourth respondent in Delta State.”

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    The appellants added that their claim, as disclosed from the record of appeal, was a complaint against the breach of the APC Constitution, APC guidelines for the conduct of primaries, Electoral Act 2010 (as amended) and the Constitution of the Federal Republic of Nigeria 1999, by the respondents, which has vested them with a cause of action.

    They equally contended that the decision of the Court of Appeal to limit its consideration to reliefs 1-6 of the statement of claim amounted to a denial of fair hearing.

    The appellants argued that the Court of Appeal took a one sided view of the case and ignored to positively look at their case and the findings of the Federal High Court made in respect of the issues placed before the trial court.

    They equally argued that the Court of Appeal erred in law when it entertained the appeal of the first respondent and allowed it, even when the first respondent failed to lead any evidence at the trial court in support of the averments contained in its statement of defence.

    They asked the apex court to allow the appeal in its entirety and set aside the judgment of the Court of Appeal, including the order as to costs and order affirming the judgment of the trial court.

    The Court of Appeal had, in a unanimous by Justices Jimi Bada, Chidi Uwa and Muhammed Shuaibu, set aside the judgment of the Federal High Court of Asaba Division, which had upheld members of the Ogodo-led exco as the authentic leaders of the APC in Delta State.

    The appellate court also held that the trial court lacked jurisdiction to entertain the suit as it bordered on an intra-party dispute

    It was of the view that the failure of the respondents (members of the Ogodo-led exco) to file their suit within 14 days of the issue complained of (pre-election) extinguished their rights, and proceeded to void the judgment of the High Court.

    The Federal High Court in Asaba, Delta State had, in its judgment, sacked the Jones Erue-led executive and voided the participation of Great Ogboru as candidate of the APC in the 2019 governorship election in Delta State.

    The judgment of the Federal High Court was on a suit by the Ogodo-led exco, in which it prayed the court to recognise it as the authentic APC executive in Delta State.

     

  • Alleged debt: Court dismisses bank’s suit against Petrocam

    The Federal High Court in Lagos has dismissed a suit filed by Union Bank Limited seeking the recovery of an alleged debt from a multinational firm, Petrocam Trading.

    Justice I. N. Oweibo held that the bank’s suit was an abuse of court process.

    The judge gave the verdict on May 24.

    Petrocam Trading Nigeria Limited, Mr Patrick Ilo and Petrocam Trading (PTY) Limited South Africa were the first to third defendants/applicants while Union Bank was the plaintiff/respondent in the suit.

    Justice Oweibo upheld the applicants’/defendants’ application brought by a May 8, last year, Motion on Notice filed through their counsel Gboyega Oyewole (SAN).

    The application was premised on seven grounds. They are: “That the defendant/applicant has a subsisting action against the plaintiff/respondent on the same subject matter before the Lagos State High Court.

    “That the plaintiff/respondent is aware of the pendency of the above mentioned suit pending before the Lagos State High Court as same has been served on the plaintiff/respondent prior to institution of the instant suit.

    “That the action before the State High Court is on the same subject matter and between the same parties as in this suit before this honourable court.

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    “That the plaintiff/respondent, rather than file a counter-claim in the subsisting and pending suit before the Lagos State High Court, came before this honourable court to file a fresh action on the same subject matter.

    “The parties in both matters are the same.

    “The court lacks the requisite jurisdiction to entertain the action as same is incompetent and amount to an abuse of court process.

    “The court has the power to dismiss/strike out (the suit) for being an abuse of court process to avoid conflicting judgments of court of co-ordinate jurisdiction on the same subject matter.”

    The judge held: “The plaintiff (Union Bank) knew of the existence of the suit in the High Court of Lagos State, the deposition in Paragraph 5(a)(b) of their counter-affidavit, notwithstanding.

    “It is my view that the plaintiff in this case did not exercise its right to file an action bona fide: it was intended to overreach the defendant and that constitutes an abuse.

    “On the above, I hold that this suit filed during the pendency of suit …before the Lagos State High Court is abuse of court process. This suit is accordingly dismissed.”

    The bank, through its counsel, Chief A. O. Aribisala, filed the substantive suit on March 12, last year, by way of a writ of summons for the recovery of debt it claimed the defendants owed.

    But Petrocam Trading countered with an application seeking a dismissal of the suit on the grounds that it was incompetent and constituted an abuse of court process.

    Reacting to the application, the plaintiff also objected to the competence of the application of the defendants by way of a preliminary objection.

    Justice Oweibo also held that the plaintiff’s preliminary objection failed.

     

  • Contempt application against Architects Council, others for June 18

    The Federal High Court will, on June 18, hear an application to cite the Architects Registration Council of Nigeria (ARCON) and the Registered Trustees of the Nigerian Institute of Architects for contempt for allegedly violating a court order.

    The plaintiffs are seeking a declaration that ARCON is not empowered by relevant laws establishing and guiding it to conduct the Professional Practice Competence Examination (PPCE) or any competence programme to register architects in the Register of Architects in Nigeria.

    They want the court to declare that ARCON has no power to act outside the oversight of a duly constituted Council and that any act done without its Council’s direction is null and void.

    Minister of Works, Power and Housing Babatunde Fashola (SAN) is the second respondent in the suit filed by two architects – James Onyemenam and Adeleke Iwakun.

    They are also praying the court to determine whether in the absence of a lawfully constituted ARCON Council, its president, vice president, treasurer and registrar can act on its behalf in any capacity whatsoever, including but not limited to conducting the Architects Competence Programme for intending architects.

    The plaintiffs are praying the court to determine whether in the light of non-inauguration/constitution of the Council by Fashola, ARCON can solely carry out its functions without recourse to the Council.

    They urged the court to order Fashola to immediately inaugurate a validly constituted Council in accordance with the Architects (Registration, Etc) Act of 2004.

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    They also urged the court to hold that only the third respondent (institute) is recognised by the Act as having the competence to conduct examinations for persons desiring to register as architects.

    The Plaintiffs’ lawyer, Ijomah Bonny, told the court that the respondents’ allegedly disobeyed an April 12, 2018 order which mandated the respondents to show cause as to why a restraining order should not be made against them.

    Bonny said despite the order that status quo be maintained, the respondents failed to show cause and went ahead to conduct the PPCE.

    Besides, the lawyer said ARCON has again announced registration for the conduct of another examination this year named the Architects Professional Competence Evaluation (APCE 1.0).

    The respondents were not represented in court.

    Justice Rilwan Aikawa directed Bonny to file the necessary applications and adjourned till June 18.

  • $40m laundering charge: Jonathan’s cousin freed

    A Federal High Court in Abuja has freed Mr. Robert Azibaola, a cousin of former President Goodluck Jonathan, of laundering $40 million.

    The Economic and Financial Crimes Commission (EFCC) charged Azibaola and his firm, One Plus Holdings Nigeria Limited, with receiving $40 million from the Office of the then National Security Adviser (ONSA), Col. Sambo Dasuki, in September 2014 for the “supply of tactical communication equipment”.

    The prosecution alleged that the job was not done.

    In a judgment on Monday, Justice Nnamdi Dimgba discharged and acquitted the defendants on the grounds that the prosecution failed to prove its case against them.

    But the judge held that the prosecution failed to contradict the explanation given by the defendants on how the funds were expended.

    He said the prosecution failed to fault the explanation by the defendants that the actual purpose for which the ONSA paid the $40 million was concealed as “supply of tactical communication equipment” as was the practice in security management.

    Justice Dimgba also held that the defendants, at trial, led oral and documentary evidence to the effect that the money was actually meant to be paid to Niger Delta militants, who were into oil bunkering to achieve peace in the region and boost oil revenue in the country.

    Read Also: Jonathan tasks 9th Assembly on electoral reforms

    The judge said the defendants also provided evidence in support of their claim that the militants were paid, and they called one of them to testify that he received payment from the defendants, after stopping oil bunkering.

    He added that the defendants tendered vouchers to show that they equally paid other militant groups from the funds provided by the ONSA.

    Justice Dimgba said the defendants alos tendered bank account statements and lists of accounts of affiliated firms – Kakatar CE Limited and Oneplus Holdings Nigeria Limited – to prove the financial capacity and capability of the firms to execute the contract.

    The judge noted that the first defendant, (Aziboala) also gave evidence to, among others, establish his capacity to carry out the assignments for which the funds were provided.

    He added: “I keenly watched the countenance of DW1 (Azibaola) during his testimony and must state that as fantastic and as incredulous as the claims might sound, I had a sense that he was speaking truthfully and I had no real reasons to disbelieve him.

    “To prove execution, the defence gave evidence of performance of the assignment, tendering Exhibit ASO 33 (A-G), being cash disbursement vouchers, and Exhibit ASO 36, being sample signature of DW 2 acknowledging receipt of disbursement.

    “All these were necessary to show that the assignment allegedly given to the defendants by the former NSA was not just a flash in the pan.”

    The judge noted that the accounts of Kakatar CE “showed where withdrawals were made in naira, representing the equivalent of the Unted States dollars (USD) sums said to have been transferred to Kakatar, a sister company, by One Plus, the second defendant, and allegedly applied to the assignment.

    “The defence argued that these various huge withdrawals in naira from the Kakatar CE account, running through the period of September 2014 through early 2015, coincide with the duration of the assignment.”

    Justice Dimgba faulted the prosecution for not calling either Dasuki or officials of ONSA as its witness. He also wondered why Dasuki was not charged in the case.

  • Court jails businessman seven years for cocaine trafficking

    The Federal High Court in Lagos on Tuesday sentenced a businessman, Nogueria Achiagonye, to seven years imprisonment for cocaine trafficking.

    Justice Ayokunle Faji found him guilty of unlawful importation of 1.5 kilograms of cocaine.

    The court held that the National Drugs Law Enforcement Agency (NDLEA) proved the case beyond reasonable doubts.

    NDLEA operatives arrested Achiagonye on January 8 at the arrival hall of the Murtala Mohammed International Airport, Ikeja, Lagos.

    It was during the inward clearance of passengers of Royal Air Maroc Flight AT555 from Brazil via Morocco.

    The convict, who holds a Cape Verde international passport, had last March 13 pleaded not guilty to the charge.

    But he changed his plea to guilty on May 18 midway into the trial.

    Prosecuting counsel Abu Ibrahim called two witnesses: the arresting officer and the agency’s exhibit keeper.

    He also tendered the seized drug, the international passport and substance analysis result.

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    The convict’s lawyer, Emeka Okenyi, urged the court to temper justice with mercy as his client is a first offender and his family’s breadwinner.

    He said the convict had become remorseful and had promised to sin no more if given a second chance.

    After sentencing Achiagonye, Justice Faji ordered that the seized drug be destroyed if there is no appeal against the judgment after 90 days.

    The judge directed NDLEA to inform the Nigeria Immigration Service of the conviction.

    He ordered that no further international passport should be issued to Achiagonye unless he gets a presidential pardon, adding that his international passport should be seized.