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Tag: Federal High Court

  • Court nullifies Adamawa APC Rep-elect’s election over forgery

    The Federal High Court, Abuja on Friday, sacked Abdulrauf Modibbo as member-elect representing Yola South/Yola North/Girei Federal Constituency of Adamawa in the National Assembly.

    Justice Inyang Ekwo nullified Modibbo’s election while delivering judgment in a suit filed by Mustapha Usman, challenging the election.

    Modibbo was declared winner of the All Progressives Congress’ primaries held on Oct. 7, 2018 in Yola, and eventually represented the APC in the 2019 general elections, which he was also declared winner.

    Usman dragged Modibbo to court after the election alleging that he falsified his age and was not eligible to contest the APC primaries.

    He prayed the court to disqualify Modibbo as APC candidate for Yola North/Yola South/Girei Federal Constituency.

    He joined the APC and the Independent National Electoral Commission (INEC) as defendants in the suit.

    Justice Ekwo in his judgment declared that Modibbo was not qualified to contest the APC primaries as well as the 2019 House of Representatives election for the federal constituency.

    The court held that Usman was the lawful winner of the Oct. 7, 2018 APC primaries and candidate of the party for the constituency.

    Read Also: Appeal Court to hear Adeleke, PDP’s appeals May 8

    The judge further held that Usman had successfully proven beyond reasonable doubt that Modibbo falsified his age severally in order to contest election.

    The court also noted that the plaintiff proved that Modibbo submitted the forged certificates for the purpose of contesting the party primaries.

    The court also held that Modibbo was a serving National Youth Corps member when he contested the primary election saying the action breached Section 4 of the NYSC Act 2004.

    “A person who is a lawbreaker cannot be a lawmaker, this illegality is one that cannot be wished away,” the judge said.

    The judge declared that in view of the disqualification Modibbo,  Usman who polled the 2nd highest votes in the Oct. 7, 2018 primary election of the  APC for  Yola South/Yola North/Girei Federal Constituency of Adamawa was the lawful winner.

    Justice Ekwo gave an order directing the APC and INEC to immediately replace Modibbo’s name with that of Usman as the lawful candidate of the APC for the federal constituency.

    NAN

  • Court dismisses suit challenging 9mobile’s sale

    The Federal High Court in Lagos on Wednesday dismissed a suit by Spectrum Wireless Communications Limited against Emerging Markets Telecommunications Services (EMTS), owners of 9mobile.

    The plaintiff challenged the sale of Etisalat (which was renamed 9mobile).

    Justice Chukwujekwu Aneke, in a ruling on EMTS’ preliminary objection, held that the plaintiff lacked the locus standi to file the suit numbered FHC/L/CS/153/2018.

    He held that there was no direct shareholding relationship between Spectrum Wireless and EMTS to vest on Spectrum the right to sue EMTS to protect its alleged shareholding.

    The court also upheld the defendant’s position that Spectrum is not a shareholder in EMTS and cannot be directly affected by the actions of its shareholders – Mubadala Holdings Cyprus Ltd, Myacynth Coperative UA and Etisalat International Nigeria Ltd.

    The court further upheld the defendant’s argument that if at all Spectrum has a right of action, it should be against Premium Telecommunications Holdings NV (PTHNV), the company it originally invested in, and not EMTS.

    Justice Aneke, therefore, upheld the submission of counsel to EMTS that not being a shareholder of EMTS, Spectrum lacked the locus standi (legal right) to bring the suit against EMTS on the basis of any decision taken by EMTS’ shareholders.

    The judge added that the concept of “indirect shareholding/economic interest” claimed by Spectrum is unknown to Nigerian law, which only recognises members of a company as those named in its Register of Members.

    Read Also: Court nullifies sale of 9mobile to Teleology

    Justice Aneke also held that Spectrum is not a party to the credit facilities, which it claimed were unlawfully obtained, adding that it is elementary law that only parties to a contract can make judicial claims in respect thereof.

    The court, therefore, dismissed the suit in its entirety.

    Spectrum Wireless Communications had sued EMTS and 16 others, including United Capital Trustees Limited (the lenders), the Central Bank of Nigeria (CBN) and the Nigerian Communications Commission (NCC) over the sale of 9mobile.

    The company had claimed that it acquired indirect holding of 30 per cent of EMTS’ shares after a private placement and was allotted 4,041,096 Class A shares of PTHNV, which owns 99 per cent of the shares in MyaCynth.

    The plaintiff also claimed that MyaCynth holds 30 per cent of EMTS BV’s shares; that EMTS BV holds 99.9 per cent of EMTS’ shares, and that EMTS’ syndicated loan from the second to fourth defendants was granted without the requisite statutory approval of CBN.

    Spectrum Wireless Communications also claimed that its investments in EMTS would be lost if the 15th to 17th defendants were allowed to effect EMTS’ sale.

    However, Justice Aneke dismissed the claims and upheld EMTS’ preliminary objection.

  • Court rejects certificate forgery suit against Bindow

    A Federal High Court in Abuja has struck out a suit in which Adamawa State Governor; Mohammed Jibrilla   Bindow was accused of parading forged certificates.

    The plaintiff, Mahmood Ahmed had, in the suit marked FHC/ABJ/CS/1377/2018 alleged, among others, that the governor supplied false information to the Independent National Electoral Commission (INEC) in the Form CF 001 he submitted to INEC.

    Ahmed said Bindow claimed to have sat for the West African Examination Council (WAEC), in June, 1983 and possesses General Certificate of Education (GCE) issued by the examination body.

    The plaintiff accused the governor of falsely declaring his educational qualification and date of birth for the purpose of nomination/election into the office of Governor of Adamawa State for the 2019 general elections.

    He prayed the court to disqualify Bindow from participating in the 2019 Adamawa governorship election.

    In a judgment on Monday, Justice Inyang Ekwo held that the suit has become a mere academic exercise.

    Justice Ekwo upheld the argument in the governor’s objection, to the effect that election had taken place and that he lost.

    The judge held that by virtue of Section 285(13) of the 1999, Constitution, (4th Alteration Act 2017), the suit has become an academic exercise. He subsequently declined jurisdiction.

    Read Also: Appeal court sacks Edo APC Rep candidate

    Justice Ekwo noted that governorship election in Adamawa State, “the subject-matter of the suit and which election the plaintiff sought to have the 1st defendant disqualified from contesting took place on March 2019.

    “From the above circumstances, it would amount to a vain exercise for this court to exercise the jurisdiction to hear and determine this case, as none of the reliefs claimed can reasonably be granted.

    “I consequently declined jurisdiction to try this suit, the same having become an academic exercise by virtue of section 285(13) of the 1999 constitution (4the Alteration 2019).

    “I make an order striking out this suit. The preliminary objection succeeds and I will not go into the substantive matter,” the judge said.

     

     

  • Fayose: How I took delivery of N1.2b cash, by bank chief

    The Federal High Court in Lagos Monday heard how the N1.2billion allegedly given to former Ekiti State Governor Ayo Fayose from the Office of National Security Adviser (ONSA) was moved to the state.

    The Economic and Financial Crimes Commission (EFCC) is trying Fayose for allegedly receiving and keeping N1.2billion and $5million allegedly stolen from the ONSA.

    Testifying before Justice Mojisola Olatoregun, the 11th prosecution witness, Mr. Sunday Alade, said he was the  Akure Branch Manager of a new generation bank in 2014 when the money was moved to his branch.

    Led in evidence by prosecuting counsel Mr Rotimi Jacobs (SAN), the witness said he got a call from his head of operations asking him to prepare to head for Akure Airport to receive cash from a customer.

    “On the 17th of June 2014, I was in my office in Akure. I received a call from my head of operations Abiodun Oshodi that a customer would be coming to make deposit into his account with the bank.

    “He said in order to provide security, we should arrange for a van bullion to go to the airport to pick the cash.

    “After an hour, my head of operations Abiodun Oshodi came and said the customer had arrived. He introduced Abiodun Agbele as the customer.

    “He said we should prepare to go to the airport. I asked for time to arrange for security, but they said that won’t be necessary as they had sufficient security.  They came with MOPOL and some soldiers in a Hilux van,” Alade said.

    The witness said he joined Oshodi and Agbele to the airport, along with the bullion van and the security men.

    Alade said: “At the airport, we waited for a few minutes before the arrival of the aircraft. Three individuals came out of the aircraft.

    Read Also: Obanikoro ends evidence against Fayose

    “Two of them walked away. The remaining person introduced himself as O. Adewale. The cash was offloaded into the bullion van and we drove to the bank,” Alade said.

    He said when they arrived at the bank; the money was counted in his presence.

    He said Oshodi, Adewale and Agbele were also present.

    “The money was counted in our presence. It was N724million. We were informed that there was a balance. We went back to the airport and picked N494million.

    “The total cash amounted to N1.219billion. Another aircraft brought the N494million.

    “I gathered that the cash was lodged in three bank accounts – those of De-Privateer, Spotless Investment and Ayodele Fayose.

    “I also understand some cash was taken away that day by Mr Agbele.”

    Asked who Adewale was, he said: “Adewale O. introduced himself as Obanikoro’s ADC (aide-de-camp).”

    Asked if he knew those who walked away from the aircraft after it landed, the witness said: “One of them resembled Obanikoro. I never met him in person. But he resembled the person I saw on television and newspapers.”

    Under cross examination by defence counsel Ola Olanipekun (SAN) and Olalekan Ojo (SAN) (for Spoless Ltd, Fayose’s co-accused), the witness said he did not know where the money came from.

    Asked if he knew what the money was meant for, he said: “Not at all.”

    The witness said it took 10 days to process the cash.

    In response to a question by Ojo as to whether he submitted a bulk cash register to EFCC on the transaction, the witness said “No.”

    Ojo showed the witness a statement of account belonging to Spotless Investment.

    He was asked to identify entries for October 6, 2014, September 5, 2014 and December 6, 2014.

    Alade said the entries showed the transfer of N11.173million each described as “mortgage repayment” and “mortgage loan liquidation”.

    He added: “But I didn’t know anything about the transactions.” Ojo said: “Don’t worry.”

    Before the trial began, Jacobs said he was involved in an accident and had to come to court in crutches.

    He asked the court to allow him take only one witness, but he did not disclose when or where he had the accident.

    He was seen wearing a heavy bandage brace on his right foot with no footwear on.

    There was also no indication that the case would be transferred to another judge.

    EFCC Acting Chairman Ibrahim Magu reportedly wrote to the Chief Judge, asking that the case be withdrawn from Justice Olatoregun and re-assigned to another judge.

    Magu was said to have expressed lack of confidence in the judge.

    But no reference was made to the purported letter to the CJ by Magu.

    Fayose had pleaded not guilty when he was arraigned on an 11-count charge on October 22 last year.

    EFCC said he and Agbele, facing a different charge, allegedly took possession of N1, 219,000, 000 on June 17, 2014 to fund the former governor’s 2014 gubernatorial campaign.

    The commission said Fayose “reasonably ought to have known” that the money “formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing.”

    EFCC said Fayose, on the same day, received cash payment of $5million from former Minister of State for State for Defence Musiliu Obanikoro, without going through a financial institution.

    The commission said the sum exceeded the amount authorised by law, thereby violating the Money Laundering Act.

    Justice Olatoregun adjourned until May 10 and 14 for continuation of trial.

  • Alleged N107m fraud: Court grants Ex-SMEDAN DG N30m bail

    The Federal High Court Abuja on Friday admitted Bature Masari, former Director- General, Small and Medium Enterprise and Development Agency (SMEDAN), to bail in the sum of N30 million.

    The Economic and Financial Crimes Commission (EFCC), arraigned Bature on Wednesday on 17 counts of alleged money laundering.

    The anti-graft agency accused him of being involved in a N107.7million money laundering and proceeds of gratification crime.

    In his ruling on the bail application, the judge, Justice Okon Abang, held that the offence for which the defendant was charged before the court was bailable in nature.

    The judge upheld the arguments of Mr Mahmud Magaji (SAN), counsel to Masari, noting that the paramount thing to consider in granting bail was to ensure that the defendant continued to attend court to stand his trial.

    Read Also: JUSUN pickets Mararaba High Court

    “It is in the light of these that I am inclined to grant the application for bail. The defendant is hereby admitted to bail in the sum of N30 million with one surety in the like sum,” the judge said.

    The judge said that the surety must be resident in Abuja and own landed property within the FCT with a Certificate of Occupancy (C of O) which must be verified by the relevant agencies.

    He further ordered Masari to deposit his International passport with the registrar of the court or a letter from the Nigerian Immigration Service, if he did not have an International passport.

    The matter has been adjourned until May 24 for trial.

     

  • Court withholds judgment in suit against defection of Saraki, Dogara, 52 others

    A Federal High Court in Abuja has withheld its judgment earlier scheduled to be delivered on Thursday in a suit challenging the propriety of the defection of Senate President, Bukola Saraki, House of Representatives’ Speaker, Yakubu Dogara and 52 other members of the National Assembly from their former political parties.

    Justice Okon Abang’s decision not to deliver the judgment on Thursday, in the suit filed by a group, the Legal Defence and Assistance Project (LEDAP) was informed by request from lawyer to the lawmakers, who pleaded for opportunity for their clients to be heard in the case in spirit of fair hearing.

    For about five hours, plaintiff’s lawyer, Ede Uko and lawyer to the defendants (lawmakers), Mahmud Magaji (SAN) were locked in hot argument on whether or not the court should proceed to deliver its scheduled judgment or afford the defendant the opportunity of being heard.

    In a ruling, Justice Abang expressed displeasure at the legislators’ conduct in refusing to participate in the proceedings from inception, and failing to file their defence in the suit despite being served with the plaintiff’s originating processes and the court’s hearing notices.

    Justice Abang, who commended Uko for effectively countered the legislators’ efforts to frustrate the proceedings, however, noted that the court could not close its eyes to the processes filed by the defendants.

    She added that: “The right to be heard is a fundamental right.”

    He adjourned to Friday for the hearing of the defendants’ motion for extension of time within which to file their defence and any other processes filed.

    In the substantive suit, marked FHC/ABJ/CS/996/2018 and filed on September 14, 2018, the plaintiff prayed the court to compel the affected legislators to, not only vacate their seats in the National Assembly, but also refund all allowances and remuneration they received since their defection.

    LEDAP equally prayed for an order compelling the Independent National Electoral Commission (INEC) to conduct by-elections in the constituencies of the defecting lawmakers.

    It is LEDAP’s contention that by Section 68 (1) (g) of the Constitution “any member of the National Assembly, who resigns from the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected, automatically loses his seat in the Assembly, unless saved by the exception under that section.”

    LEDAP cited a Supreme Court’s decision in the case of Hon. Ifedayo Abegunde v. The Ondo State House of Assembly and argued that the only justification for members of the National Assembly to lawfully defect from their parties lies in the existence of a division in their parties or a merger between their parties and others.

    The affected lawmakers listed in the suit were 17 senators and 37 members of the House of Representatives, who defected from the parties, on which platforms they rode to the Legislature.

    They include Saraki, and Dogara, who defected from the All Progressives Congress (APC) to the People’s Democratic Party (PDP) and Godswill Akpabio, who left the PDP for the APC. Others also left either APC and PDP for other parties.

    Other than Saraki and Dogara, some Senators also affected by the suit include Senators Godswill Akpabio, Dino Melaye, Shehu Sani, Rabiu Kwawanso, Barnabas Gemade and Lanre Tejuosho.

    Beside the 54 lawmakers, the plaintiff also listed the Attorney-General of the Federation (AGF), INEC, the Deputy Senate President, Ike Ekweremadu, and the Deputy Speaker of the House of Representatives as defendants.

  • Court orders sale of properties of tax evaders to deray N35.9mn tax debt

    The Federal High Court, Abuja has ordered the sale of two landed properties belonging to two tax evaders- Zaibadari Company Limited and Tradecraft Nigeria Limited- to defray N35.9 million tax debts.

    A statement issued yesterday by the Federal Inland Revenue Service (FIRS) said: “The court granted the sale order following prayers by the Federal Inland Revenue Service, (FIRS) to allow it sell the landed properties of the two firms to defray the tax liabilities which amounted to N18. 8 million against  Zaibadari and N17.1 million against Tradecraft.”

    The statement added that the FIRS approached the high court sitting in Abuja for an order to sell the companies’ properties after the two firms failed to honour series of demand notices issued to pay their outstanding tax liabilities.

    Counsel to the FIRS,  Collins Ugwunebo had told the court that Zaibadari was indebted to the FIRS to the tune of N18. 8 million, while Tradecraft owed the service N17.1 million in 2015.

    FIRS said it “issued and served demand notices on the two firms and gave them 30 days within which to pay arrears of taxes to the FIRS. Both firms failed to pay within 30 days the arrears of taxes within 30 days.”

    “Despite the Warrants of Distraint served on the two companies, both failed to pay the tax arrears, This led to the two suits against Tradecraft and Zaibadari”, the FIRS statement said.

    On October 17, last year, FIRS complied with the order of the court that it should run adverts in the Leadership newspaper to serve Zaibadari through substituted means.

    Ugwunebo, in an affidavit told the court that Zaibadari’s  assessment was based on 20 per cent of N62,675, 200 million which was the “deemed profit of the respondent (Zaibadari) landed property located at Plot 551 Wuye B03, FCT Abuja, valued at N313, 3376,000 million”.

    On March 23, 2019, Justice A. I . Chikere in the suit “FHC/ABJ/CS/438/2018 noted that” despite the service of process on the respondent’s company, it refused, neglected and failed to state its side of the case nor have counsel appear on its behalf to state its case.

    “It is trite law that an averment in an affidavit which is not challenged or controverted is deemed admitted as true. See DIGAL Vs NACHANG (2005) All NWLR (pt240) pg 41 at 46. Also in the case of ATAMAH & ANOR Vs EBOSELE & ORS (2018) LPELR 3825 where the court held that ín the nature, a party who has or has every opportunity to present its case before the court and who fails to do so cannot be heard to complain.

    “The court is bound to believe the affidavit in support of application to the effect that the respondent is a tax evader and in default of its tax obligation to the applicant.

    “Accordingly, an order for the sale of landed property of the respondent located at Plot 551, Wuye B03 FCT is hereby made to satisfy her arrears of tax N18,802, 560.00.

    Justice Chikere also ordered  the sale of the property at Plot 1151 Wuye B03 FCT, Abuja to satisfy the arrears of tax of N17, 150, 496:00 only and after the deduction of the expenses from the sale of the property, refund the amount in excess to the defendant or anybody authorised by her upon request by the defendants’ company’’.

  • Man drags NBC, NAFDAC, NCPC to court over contaminated products

    A man, Mr. Adewuyi Adewunmi, has dragged the Nigerian Bottling Company (NBC), the National Agency for Food and Drug Administration and Control (NAFDAC) and the Nigeria Consumer Protection Council (NCPC) to court over contaminated Coca Cola products.

    The case which is before the Federal High Court in Minna also called on the court to shut down the Nigerian Bottling Company Plc claiming the company engage in selling contaminated coca cola products to Nigerians.

    The case which was titled FHC/MN/CS/15/19 had Adewuyi Adewunmi as the Plaintiff with Nigerian Bottling Company (NBC) as 1st Defendant, the National Agency for Food and Drug Administration and Control (NAFDAC) as 2nd Defendant and the Nigeria Consumer Protection Council (NCPC) as 3rd Defendant.

    The Plantiff claimed the bottles of Sprite he bought in March 2019 were not healthy for consumption for Nigerians.

    Read Also: NAFDAC confiscates expired food products in Sokoto

    The Counsel to the Plantiff, Barrister Oyelekan Akingbade of Ultimate Chambers asked the Court to order the Defendants to compensate the Plaintiff, Mr. Adewuyi Adewunmi with the sum of N25 million saying it will serve as deterrent to other erring companies who take Nigerians for granted.

    According to the Writ of Summons made available to newsmen by Counsel to the Plantiff, Akingbade said “we are asking the Court to compel the 1st Defendant (NBC) to shutdown production across the country pending recertification by the 2nd Defendant.

    “We pray the Court to compel the 3rd Defendant (NCPC) to carry out an awareness of contaminated products produced by the 1st Defendant across the country; an immediate confiscation of all such products.

    “We seek an order of the Court compelling the 1st Defendant to pay the sum of N20million to the Plaintiff for psychological trauma and general charges and of course the sum of N5million as cost of litigation against the 1st Defendant.”

    Akingbade said that although, the expiration dates of the products are in June, 2019 ,  the products are already injurious to the health of Nigerians, “the 1st Defendant’s intention is to produce poisonous substance which are injurious to the health of Nigerians.”

    However, Counsel to the 1st Defendant (NBC), Barrister Amuwa Olatunde said that the bottles are produced according to international standards stating the intention of NBC to fight the case to its logical conclusion.

    “We are armed to the teeth; we will not handle this case with levity because the corporate image of of the NBC is at stake through damages.”

    The Court presided over by Justice Aliyu Aminu Aliyu fixed May 13th, 2019 for further mentioning of the case.

  • Court declines jurisdiction in Rivers SDP matter

    A Federal High Court in Port Harcourt, Rivers State has declined jurisdiction on a suit filed by the governorship candidate of Social Democratic Party (SDP),  Precious Elekima, against the Independent National Electoral Commission (INEC).

    Elekima had earlier alleged that he was excluded from the pre-result collation meeting between INEC and other parties that participated in the March 9 elections.
    He further prayed the court to make an interlocutory order stopping INEC from all collation activities until the court says otherwise.
    Justice Henry Oshoma Friday dismissed all interveners application before him declaring that in so far that the facts pertains to an ongoing election, he declines jurisdiction and prefers to that the Plaintiff goes to the Elections  Petition Tribunal.

    Read also: SDP disowns Senatorial candidate in Anambra

    Reacting to the above, SDP maintained that INEC has done Rivers State and people wrong and did not conduct any elections in the state.
    They urged their supporters and Rivers people to remain calm because there will be victory at last.
    They promised to carefully study the judgement and seek advice from party heads before taking any actions

  • Shema: Katsina High Court bows to Appeal Court Ruling

    The Federal High Court sitting in Katsina and presided over by Justice Hadiza Shagari on Wednesday ruled she would comply with the Court of Appeal’s ruling which directed the court to decide on whether or not it has jurisdiction to entertain the alleged money laundering charges brought against former Governor Ibrahim Shema at the high court by the Economic and Financial Crimes Commission (EFCC).

    The  Nation recalled that EFCC had dragged Shema before the high court, slamming him with  26 count charges, all bordering on alleged  laundering  of over five billion naira belonging to the state  SURE -P while in office.

    Shema’s counsel had equally challenged the competence of the court to entertain the case, since similar issue was subject to litigation before the Katsina State High Court & the Federal High Court, Abuja respectively.

    Justice Babagana Ashigar who was previously presiding at the high court, deferred ruling on the competence of the court to entertain the case until all issues concerning it( the case) were first entertained.

    Shema, through his counsel, subsequently approached the Appeal court in Kaduna to determine whether the high court has jurisdiction to entertain the case, in the first instance.

    The Appeal Court, in its ruling, directed the high court to determine whether it has jurisdiction to entertain the case.

    At the resumed sitting,the lead counsel for the EFCC, Dr. Joseph Olatoke told the high court that the commission was ready to continue with Shema’s trial.

    He also told the court that a prosecution witness was already in court in readiness for the continuation of the case.

    Read Also: Police nabs kidnap syndicate, recover arms in Katsina

    Shema’s lead counsel, Chief Sebastine Hon drew the attention of the court to the ruling of the Court of Appeal which he said, was delivered in February that it(the High Court) must first determine whether it has jurisdiction to entertain the matter.

    Chief Hon told the court that he had a certified true copy of the Appeal court ruling, to further drive home his argument.

    He said “Your lordship, the court of Appeal has directed that this court should rule on our observation, according to section 287 of the Constitution.Your lordship should please abide by that order.We have a certified true copy of the court’s judgment.”

    Dr. Olatoke however told the high court that it could still continue with the trial, declaring “The court cannot make ruling on an application filed before a judge who has been transferred. If the defence is interested in the application, they ought to have moved an application before your lordship who has taken over as the new judge.”

    Chief Hon told the court that he was ready to move the new application on the jurisdiction of the court, adding “we are ready now to move an application.”

    Dr. Olatoke however explained to the court that even if the application was moved, the prosecution would still need time to file counter affidavit on that application.

    Justice Shagari consequently directed Shema’s counsel to file the application, assuring that she was ready to entertain it as directed by the Appeal court.

    She adjourned sitting to May 28, 2019 during which she would commence hearing and entertain all issues concerning the new application.