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Tag: Federal High Court

  • Court rejects suit against Saraki, Ekweremadu’s removal

    A Federal High Court in Abuja has struck suit that sought to prevent the removal of the leaders of the Senate in ways other than as provided in the Constitution.

    In a judgment on Monday, Justice John Tsoho said the plaintiff – the Civil Society Observatory ‎for Constitutional and Legal Compliance (CSOCLC), failed to establish its claim of plot to unlawfully remove the Senate President, Bukola Saraki and Deputy Senate President, Ike Ekweremadu

    The plaintiff had on August 29, 2018 after some security personnel laid to the residences of Saraki and Ekweremadu last year in an alleged attempt to prevent them from accessing the Senate chamber.

    CSOCLC had claimed the incident was a plot by the All Progressives Congress (APC) members in the Senate, the executive arm of government and security agencies to harass Saraki and Ekweremadu with the aim of illegally removing them from office.

    Read Also: EFCC probe of Saraki not personal, says Magu

    The plaintiff argued under Section 50(2) (c) of the Constitution, Saraki and Ekweremadu cannot be removed from office unless by a resolution of the Senate supported by the votes of not less than two-thirds majority of the members of the Senate.

    Justice Tsoho, in the judgment on Monday, declined to grant any of the many reliefs sought by the plaintiff, including the one for an order of perpetual injunction stopping any plan to remove Saraki and Ekweremadu except by resolution backed by two-third majority votes of the Senate.

    The judge noted that although not all the 110 respondents contested the suit, but stated that e plaintiff failed to prove the case with cogent and credible evidence.

    Justice Tsoho said: “The plaintiff’s suit must succeed on the strength of its evidence and not on the weakness of the defence of the respondents.”

    The judge was of the view that the newspaper reports presented before the court as the evidence of alleged threats of attempts to remove both Saraki and Ekweremadu through unconstitutional means in August 2018 lacked probative/evidential value.

    “In law, newspaper reports are not generally admissible as the fact of what is recorded in them by virtue of section 37 of the Evidence Act,” the judge ruled.

    Justice Tsoho stated that newspaper reports could be admissible as evidence of publication of a particular piece but not as the truth of the fact recorded in them.

    He noted that relying on newspaper reports as evidence of the truth of an event amounted to relying on hearsay evidence which lacked evidential value.

    The judge added that, although the prayers sought by the plaintiff were declaratory in nature, the plaintiff must establish its entitlement to them by adducing credible evidence.

    “Applying the laws aforestated, it is crystal clear that in its bid to establish its case, the plaintiff has not shown any credible evidence in its affidavit to persuade this court in anyway,” Justice Tsoho said.

    He added that “the burden” on the plaintiff “is quite heavy in view of the fact that declaratory relief is not granted even on admission by the respondents where the plaintiffs fail to establish its claims.

    “Accordingly, all the prayers sought cannot be granted for want of credible evidence. They are hereby refused and the plaintiff’s suit is struck out,” the judge said.

  • Okorocha’s suit: Court orders lawyer to produce certificate of mental fitness

    Federal High Court Abuja yesterday  ordered a lawyer, Mr Orji Nwafor-Orizu, to produce a certificate of mental fitness confirming he is fit to appear in court. Nwafor-Orizu had at previous sittings announced himself as counsel representing Mr Osita Izunaso, the third defendant in the ongoing certificate of return suit filed by Imo governor, Rochas Okorocha. Justice Okon Abang made the order following what he described as Nwafor-Orizu displaying conduct not befitting of a senior counsel.

    “On account of NwaforOrizu’s conduct, not being counsel on record, and displaying such conduct not worthy of a senior counsel, he shall not be allowed to appear as a counsel in this matter, or any other court, unless and until he furnishes the court with a medical report from a government psychiatric hospital certifying him to be mentally fit. ” He shall also sign an undertaking and serve on all counsel that he shall henceforth be of good conduct and until then, S.M Anichebe shall appear as counsel to the third defendant, ” the judge said.

    At the resumed hearing of the matter, counsel to all parties announced their appearance  following which the judge called on Okorocha’s counsel,  Mr Kehinde Ogunwumiji, SAN,to complete his submission which he started on Thursday. Nwafor-Orizu then came into the court at this point and insisted that he must be heard since he had a process from the Court of Appeal stopping proceedings in the matter. The judge asked him to sit and allow Okorocha’s counsel to continue his argument but the lawyer insisted saying; “the court will not proceed until my motion is heard”.

    The judge warned that he was frustrating his proceedings and should desist from any further antics. Following the warning, the judge rose for about five minutes and when he resumed, he asked the security personnel in the court to watch Nwafor-Orizu closely saying he didn’t feel safe with him in court.

    The judge said he felt unsafe because he was not sure of the mental state of the lawyer adding that no sane lawyer would act in the manner he did since he had not announced himself on record and yet was insisting to be heard. He asked the security personnel to be ready to remove him from the court should he display such conduct again, and where he resisted, he should be arrested. Justice Abang also sent for court’s doctor and informed her to be on standby as he might need to send a lawyer to her to ascertain the lawyer’s mental fitness. In spite of pleas from Mr. N.A Nwawuche (SAN), counsel to the second defendant that the court should pardon Nwafor-Orizu’s behavior, the judge said he would only acknowledge him after he presented a certificate of mental fitness.

  • $9.8m fraud: Court orders ex-NNPC boss, Yakubu to defend self in money laundering charge

    A Federal High Court in Abuja has ordered the former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC) Andrew Yakubu to enter defence in his on-going trial for money laundering and related offences.

    Justice Ahmed Mohammed, in a ruling on Thursday, partially upheld the no-case submission made by Yakubu and struck out counts five and six from the six-count charge on which he is being tried.

    Yakubu is being tried on a six-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).

    He is charged with, among others failure to make full disclosure of assets, receiving cash without going through a financial institution, money laundering and intent to avoid a lawful transaction under law.

    The charge is in relation to the huge cash comprising $9,772,800 and £74,000 said to have been recovered by EFCC operative in Yakubu’s home in Kaduna.

    Read Also: NNPC records trade surplus of N15.04b in January

    He was arraigned on March 16, 2017 and he pleaded not guilty, following which the prosecution conducted its case on October 17, 2018 after calling seven witnesses.

    At the closure of the prosecution’s case, Yakubu, through his lawyer, Ahmed Raji (SAN), made a no-case submission on December 5, 2018 and argued that the prosecution has failed to make out a case against him.

     He contended that, with the evidence led through its seven witnesses, the prosecution failed to link him with the offences charged.

    The defendant prayed the court to strike out the charge, discharge and acquit him.

    The prosecution, represented by Mohammed Abubakar, countered in a reply dated January 15, 2019 and argued that it had established a prima facie case against the defendant.

    It urged the court to order him to defend himself against allegations made against him.

    Ruling on the no-case submission on Thursday, Justice Mohammed said: “I agree with the defence counsel that the prosecution has failed to prove the essential elements of transportation of money on counts five and six.

    “I accordingly discharge the defendant on counts five and six.

    “Even though I am tempted to discharge the defendant on counts one to four, I am however constrained to ask the defendant to explain how he came about the monies recovered from his house.

    “Fortified with my position, the defendant is hereby ordered to enter his defence in respect of counts one to four.”

    The judge adjourned till July 3, 2019 for defendant to open his defence in relation to counts one to four.

    The counts relate to the defendant’s alleged failure to make full disclosure of assets and receiving cash without a financial institution, an offences allegedly committed under Section 1 of the Money Laundering (Prohibition) Act, 2011 as amended in 2012.

  • Breaking: FG drags Agip, Brasoil to Appeal Court over undeclared Crude Oil shipments

    The Federal Government on Wednesday appealed the judgment of a Federal High Court in Lagos, which dismissed a $55 million debt recovery suit it filed against Agip Oil Company and Brasoil, over undeclared oil revenue.

    Read Also: Delta community threatens to shutdown Agip operations

    FG is challenging the decision of the lower court’s delivered by Justice Mojisola Olatoregun.(NAN)

    Details shortly….

     

  • Court dismisses Fed Govt’s $110m suit against Agip over crude shipment

    The Federal High Court in Lagos Wednesday dismissed a suit by the Federal Government against the Nigeria Agip Oil Company Limited.

    The plaintiff claimed $110million from the respondent for allegedly under-declaring the volume of crude oil it shipped between January 2011 and December 2014.

    The Federal Government accused Agip of short-changing it to the tune of $55million.

    It prayed the court to compel the oil firm to pay the $55million with an annual interest of 21 per cent, as well as $55million as exemplary damages.

    But, Agip denied the allegations and urged the court to dismiss the suit.

    In her verdict, Justice Mojisola Olatoregun held that the plaintiff failed to provide sufficient evidence to substantiate the claims.

    She held that there was no evidence that the crude oil the defendant lifted was more than what was declared.

    According to her, it is trite and settled law that he who asserts must prove.

    She held that the exhibits before her did not convincingly show a shortfall in the shipment of 949,096 barrels of crude oil lifted by a vessel, MT Cosmos.

    “While I do not have any evidence to suggest that it is impossible for the defendant to carry undeclared crude oil from Nigeria, I have no evidence to show that MT Cosmos carried the excess 500,000 barrels of crude oil with same bill of lading,” she held.

    Justice Olatoregun added that the plaintiff failed to prove its case by supplying the requisite evidence, adding that the main purpose of final address is to assist the court.

    “It is trite law that whoever asserts must prove that the facts exists. No amount of brilliant address can make up for a lack of evidence.

    “The plaintiff failed to make out a case that 500,000 barrels of crude oil was offloaded in Pennsylvania.

    “The case of the plaintiff fails on the lack of proof on the preponderance of evidence.

    “At this stage, I do not find it necessary to proceed with the evaluation of the other reliefs.

    Read Also: Gunmen abduct Agip workers in Bayelsa

    “I, therefore, proceed to make an order dismissing this suit; it is hereby dismissed,” the court held.

    During trial, the plaintiff called one witness and tendered three exhibits, while the defendant also called one witness and tendered 12 exhibits.

    The court also dismissed a similar suit against Brasoil, seeking to recover $4.8million in alleged missing oil revenue.

    Similar lawsuits against Total E&P Nigeria Plc and Chevron Nigeria Limited are pending before the court.

    The Federal Government sued after a forensic analysis linking the decline in crude oil export and government revenue to the alleged under-declaration of volume of crude oil shipped out of the country by the oil companies.

    Three United States-based experts – a US citizen and Lead Analyst at Loumos Group LLC, a technology and oil and gas auditing firm based in the US Prof. David Olowokere; a counsel in the law firm of Henchy & Hackenberg, Jerome Stanley, and founder and Chief Executive Officer, Trade Data Services Company, State of Arizona, US, Michael Kanko deposed to supporting affidavits to the suit.

    According to them, millions of barrels of crude oil were allegedly exported by the defendants and sold to buyers in the US but the companies did not make due remittance to the Federal Government contrary to the terms of agreement.

    But the defendants denied the allegations.

  • Court dismisses AGF’s objection to MTN’s N3.b suit

    The Federal High Court in Lagos Tuesday dismissed a preliminary objection by the Attorney-General of the Federation (AGF) challenging a N3billion suit by MTN Nigeria Communication Ltd.

    MTN sued the AGF for demanding N242 billion and $1.3 billion as import duties and withholding tax assessments from it.

    By a September 10, 2018 writ, MTN is challenging the legality of the AGF’s assessment of the import duties, withholding tax and value-added tax.

    But, the AGF, in the preliminary objection, argued that the suit was statute-barred, thus robbing the court of jurisdiction.

    Arguing the motion on March 26, AGF’s counsel Mr. Tijani Gazali urged the court to strike out the suit on the ground that it was instituted outside the time prescribed by law.

    The AGF contended that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be file within three months of cause of action.

    He said rather than MTN responding to the demand, it filed the case.

    But, MTN through its counsel Chief Wole Olanipekun (SAN), who led Damia Dodo (SAN) and Prof Fabian Ajogwu (SAN), argued that the AGF’s objection was unfounded.

    MTN’s lawyers maintained that the AGF’s contentions were unacceptable and unknown to law.

    Read Also: Court okays Adeleke’s trip to US for medical reasons

    They argued that the cause of action actually crystalised when the AGF made a demand of MTN and threatened the company with court action on August 20.

    Ruling, Justice Chukwujekwu Aneke held that the suit was not statute-barred.

    “The pertinent question to ask is: when did the cause of action arise? Is it on May 21, 2018 when the plaintiff received the defendant’s letter dated May 10, 2018, or on August 23, 2018 when it received the defendant’s demand letter dated August 20, 2018?

    “In my view, paragraph 24 among other paragraphs of the plaintiff’s statement of claim is germane in resolving this issue. MTN avers that the AGF afforded it insufficient time to respond to its queries.

    “Judging from the plaintiff’s writ of summons and statement of claim as I am concerned to do, it will seem to me that the plaintiff’s cause of action with respect to this suit arose on August 23, 2018 when the plaintiff received the defendant’s letter of demand dated August 20, 2018, and not May 21, 2018 when it received the demand letter of May 10, 2018.

    “From the endorsement on the writ, this suit was commenced on September 10, 2018.

    “A simple calculation shows that from August 23, 2018 when cause of action arose to September 10, 2018 when the suit was instituted, a period of three months had not expired as envisaged for the suit to be statute-barred,” he said.

    The court held that the irresistible conclusion to be drawn is that the suit was not statute-barred

    “The preliminary objection is hereby dismissed in its entirety,” Justice Aneke held.

    MTN is seeking a declaration that the AGF’s demand of N242 billion and $1.3 billion from it was premised on a process that is malicious, unreasonable and based on incorrect legal reasons.

    The plaintiff said the purported “revenue assets investigation” carried out by the Federal Government for the period of 2007 – 2017 violated Section 36 of the 1999 Constitution.

    MTN is praying the court to declare that the AGF acted in excess of his powers by directing a “self-assessment exercise” which usurps the powers of the Nigerian Customs Service to demand duties on imported physical goods.

    It is seeking a declaration that the AGF acted illegally by also usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding tax and value-added tax.

    The plaintiff wants a declaration that the purported “self-assessment” exercise by the AGF via its letter of last May 10 is unknown to law, and is therefore null and void and of no effect whatsoever.

    MTN is further praying the court to for an order vacating the AGF’s demand letter.

    It is claiming N3billion as general and exemplary damages as well as legal costs from the Federal Government.

    Justice Aneke adjourned until June 26 for hearing.

  • US court sentences Nigerian to 15 years imprisonment for $10m fraud

    A Federal High Court in, Houston, Texas, in the United States of America (USA) has sentenced a Nigerian, Hammed Akinola, to 180 months (15 years) imprisonment for a $10million fraud.

    U.S. District Judge David Hittner also sentenced Akinola’s accomplice, a 53-year-old American, James Campbell, to 90 months in prison.

    According to a press release by the US Justice Department, the judge handed the sentence on April 12, after both men pleaded guilty.

    They were found to have taken or attempted to take large sums of money from roughly 45 victims, who thought they were sending their money to a title company to close on a home.

    Unknown to them, the money was fraudulently being transferred to a bank in Houston controlled by the defendants.

    Judge Hittner noted that the defendants “ruined many Americans’ lives”, while the banks took a large hit as well.

    Both have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

    Read Also: Court dissolves 23-year-old marriage over battery

    The U.S. Postal Inspection Service and the Federal Bureau of Investigation (FBI) conducted the investigation.

    From on or about January 2016 through November 2017, Campbell and Akinola were involved in an international wire fraud conspiracy that consisted primarily of Business Email Compromise (BEC) fraud which targeted businesses and individuals that regularly perform wire transfer payments.

    They compromised legitimate business e-mail accounts through social engineering or computer intrusion techniques to conduct unauthorized transfers of funds by international co-conspirators.

    The international co-conspirators hacked into the victims accounts and sent what appeared to the victims to be legitimate emails from banks or title companies.

    The victims, tricked into thinking such emails were from the bank or title companies, would then transfer the money to the accounts the defendants controlled, not knowing they were fraudulent emails.

    Akinola was working with overseas conspirators who were orchestrating the BEC victimization.

    Those conspirators needed domestic bank accounts where they could send the funds stolen from the BEC fraud.

    Akinola and Campbell agreed to work together to open bank accounts and to recruit individuals in and around the Houston area to open bank accounts in order to receive the BEC wires.

    Campbell and Akinola then recruited 20 other individuals who did open bank accounts to receive fraudulent funds.

    The proceeds of the fraud scheme were disbursed between the account holders, Campbell, Akinola and international accomplices.

    In total, the Campbell and Akinola’s activity participating in the scheme and laundering its proceeds resulted in victims’ of BEC fraud transferring or attempting to transfer $10.3 million into to accounts they controlled.

     

  • Judge’s absence stalls trial of Akingbola

    A Federal High Court in Lagos on Tuesday adjourned until June 3, the money laundering trial of a former Managing Director of the defunct Intercontinental Bank Plc., Erastus Akingbola.

    The Economic and Financial Crimes Commission (EFCC) charged Akingbola with amended 22 counts  bordering on money laundering.

    He, however, pleaded not guilty on re-arraignment in March.

    The case, which was slated for continuation of trial on Tuesday, could not proceed as the judge was said to be on another official assignment.

    The EFCC accused the defendant of converting an aggregate sum of 1.3 million dollars and 8.5 million dollars, taken from the bank’s GBP NOSTRO account at Deutsche Bank in London.

    The sum was said to have been remitted into the account of Fuglers Solicitors with the Royal Bank of Scotland in London, to purchase property in the name of Life Boat Settlement Trust allegedly set up by the defendant.

    Read Also: Akingbola’s lawyer to court: EFCC’s witness lied

    According to the EFCC, the defendant knew that the sums represented proceeds of crime.

    The alleged offences contravene the provisions of Sections 105(1) and 105(a), of the Investment and Securities Act, 2007.

    They also contravene the provisions of Sections 13 (1), 15(1)(a) and 28(3) of the Banks and Other Financial Institutions Act, Cap B3, Laws of the Federation, 2004.

    One of the offences contravenes the provisions of Sections 14(1) of the Money Laundering Prohibition Act, 2004.

     

     

     

  • Court okays Adeleke’s trip to US for medical reasons

    A Federal High Court in Abuja has granted permission to Senator Ademola Adeleke to travel to the United States on health grounds.

    Justice Inyang Ekwo gave the permission while ruling, on Friday on a motion ex-parte filed by the Senator.

    The judge restrained the police from preventing Adeleke, who is being tried, with some others, on charges relating to examination fraud, from engaging in the foreign trip.

    The judge said, in an enrolled order sighted on Monday, that: “An order of this honourable court is hereby made directing the Deputy Chief Registrar of honourable court to release to the 1st defendant/applicant his international passport to enable him travel to the United States of America on 7th day of May of 2019 and return on the 9th day of June 2019 to enable him undergo urgent medical check-up.

    Read Also: Court verdict: Osun voters seek Adeleke’s sack

    “The 1st defendant (Adeleke) is ordered to respond to the invitation of the respondent on 6th May 2019.

    “Thereafter, the 1st defendant is granted leave of court to travel out of Nigeria to the United States of America between 7th May 2019 and 9th June 2019 for medical attention.

    “The 1st defendant/applicant is hereby ordered to return the international passport to the Registry of this court within three days of his return on 9th June 2019.

    “The respondent shall not prevent the 1st defendant from travelling for medical attention upon attending the invitation of the respondent on 6th May 2019.”

    Justice Ekwo adjourned till June 10 for the continuation of trial in the criminal proceedings.

  • Court restrains FG from re-possessing Murtala Mohammed Airport

    A Federal High Court in Abuja has restrained the Federal Government from re-possessing the domestic wing of the Murtala Mohammed Airport, Lagos from its current operator and manager, Bi-Courtney Limited.

    The court also restrained the Federal Government and its agencies from interfering or hampering the operations of Bi-Courtney with respect to its management of the airport.

    Justice Binta Nyako gave the orders on Thursday after listening to Wale Babalakin (SAN), who moved a motion ex-parte to that effect.

    Justice Nyako said the interim orders so granted are to subsist pending the determination of the originating summons filed by Bi-Courtney.

    Babalakin had, while moving the ex-motion filed by Bi-Courtney, stated that there was information that the Federal Government, though some of its agencies, seeks to repossess the domestic wing of the Murtala Mohammed Airport (MMA2) within the next two days.

    He argued that despite the existence of evidence to support Bi-Courtney’s claim of an existing 36-year concession contract between it and the Federal Government, in relation to the management of the airport, officials of the government have continued to insist that the contract was for 12 years.

    “We have a 36 year concession, which has been confirmed by an Arbitral Tribunal and up to the Supreme Court.

    “But, there are rumour that they (the defendants) want to take over the airport within the next two days, on the grounds that we have 12- year lease,” Babalakin said.

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    He then prayed the court interim order injunction to prevent the defendants and their restraining the defendants, either by themselves or other agencies of Federal Government of Nigeria or their agents “from approving the taking over or operating the Domestic Wing of the Murtala Mohammed Airport (MMA) pending the hearing and determination of the originating summons.

    Babalakin equally sought similar orders to restrain the defendants from interrupting the plaintiff’s management of MMA” and for them to “maintain status quo and not interfere in the processes.”

    Listed, as defendants in the suit marked: FHC/ABJ/CS/471/2019 are, the Attorney General of the Federation (AGF), Minister of Aviation, Managing Director, Federal. Airports Authority of Nigeria, Infrastructure Concession Regulatory Commission and the Inspector General of Police.

    Bi-Courtney, in the originating summons, wants the court to, among others, declare that it is entitled to uninterrupted operation and management of the domestic wing of the MMA “throughout the subsistence  of the concession period granted to the plaintiff by the Concession Agreement dated 24th April 2003 between the plaintiff and the Federal Republic of Nigeria, represented by the Minister of Aviation and FAAN, particularly the addendum thereto, dated February 2007, without let or hindrance” by the defendants and their agents.

    It is also praying for an order of injunction restraining the defendants and their agents from “contemplating, initiating, taking any action, process or procedure towards the takeover of domestic wing of the MMA” while the concession agreement still subsists.

    The plaintiff also wants an order, directing the AGF, Minister of Aviation, Managing Director, Federal. Airports Authority of Nigeria, Infrastructure Concession Regulatory Commission “and other appropriate officers of the Federal Government, to execute forthwith, on behalf of the FGN, a sovereign undertaking in favour of the plaintiff”, to the effect that the FGN, its agencies and officials shall not contemplate of take steps to interfere or hinder the plaintiff’s operation and management of the MMA during the 36 years concession period granted the plaintiff, by virtue of the 2003 agreement.