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Tag: Federal High Court

  • Court dismisses case against Borno governor-elect, Zulum

    The Federal High Court, Maiduguri on Tuesday dismissed a case seeking nullification of governorship primaries of the state chapter of the All Progressives Congress (APC).

    The case was filed before the court on Dec. 19, 2018; by a chieftain of the APC, Alhaji Mamman Durkwa.

    Durkwa challenged the emergence of the Borno governor-elect, Prof. Babagana Zulum, as the candidate of the party in the primaries conducted on Sept. 30, 2018.

    Those joined in the case were the APC and Independent National Electoral Commission (INEC).

    Delivering judgment; the trial judge, Justice Jude Dagat, said the court dismissed the case due to the inability of the plaintiff to file it within the 14-day period, as stipulated in the Electoral Act.

    Dagat said the case is a pre-election matter that must be guided by the provisions of the law.

    He noted that the case was brought before the court after the expiration of the time frame provided by the electoral act.

    Read Also: Why I endorsed Zulum

    The judge, therefore, dismissed the case and ordered a 30 day grace within which to appeal.

    The Defense Counsel, Abdulwasiu Alfa, expressed joy over the judgment, while representative of the plaintiff, Mr. Usman Abubakar, said they would appeal the judgment.

    NAN

  • Court orders IPOB leader Kanu’s arrest

    Federal High Court in Abuja has issued a bench warrant for the arrest of the Indigenous People of Biafra (IPOB) leader Nnamdi Kanu.

    The court gave the order because the IPOB leader has failed to attend court since April 25, 2017, without any reasonable explanation.

    In a ruling yesterday, Justice Binta Nyako, also directed that his trial on charges of treasonable felony should proceed in his absence.

    Relying on the provision of Section 352(4) of the Administrative of Criminal Justice Act (ACJA) 2015, Justice Nyako agreed with the prosecution, led by Magaji Labaran, that Kanu has consistently failed to appear in court since April 25, 2017, without any reasonable explanation.

    The judge, who rejected the objection by Kanu’s lawyer, Ifeanyi Ejiofor to Labaran’s oral application for the IPOB leader’s arrest, noted that she had, in an earlier judgment on a civil suit filed by Kanu, held that there was no nexus between the reported military invasion of Kanu’s community and his disappearance.

    Justice Nyako noted that Kanu has violated the conditions and terms of the bail granted him.

    She recalled that after the defendant was granted bail on April 17, 2017, the following proceedings of July 11, 2017 could not hold due the court’s vacation.

    The judge further noted that on October 17, 2017, Kanu also failed to appear in court with his lawyer saying that the defendant absence from court was caused by the invasion of his home in Abia State by soldiers.

    According to her, the three persons who guaranteed his bail, have applied to the court to withdraw their suretyship, because they could not account for his whereabouts.

    Justice Nyako observed that on March 28, last year, 2018, Kanu’s trial was separated from that of his four other co-defendants in order to avoid delays of the other persons’ trial.

    Read also: Cleric hails Kanu for calling off boycott

    The judge recalled that, on November 14, last year, she ordered that the sureties should temporarily forfeit their N100 million bail bonds or produce Kanu in court.

    She added that since when Kanu’s trial was separated from that of others, there were four court sessions that held and were adjourned without Kanu attending any.

    The judge stressed that proceedings must end one way or the other, adding: “I have given the counsel for the defendant more than enough time to produce him in court.

    “Therefore, by virtue of section of section 252(4) of the Administration of Criminal Justice Act, 2015, the only option open to do is to order that the trial will continue in his absence.

    “Also in the absence of any reasonable explanation for his absence, I hereby revoke his bail and order that a bench warrant be issued for his arrest.”

    The judge fixed June 18 for the commencement of  trial with or without Kanu in court.

    Justice Nyako, however, adjourned indefinitely, the proceedings in relation to Kanu’s sureties, who have applied to withdraw their suretyship.

    The judge ordered the indefinite adjournment after lawyer to one of the sureties, Senator Enyinnaya Abaribe, Chukwuma-Machukwu Ume (SAN), informed the court that his client has appealed the November 14, 2018 ruling ordering the sureties to forfeit their bail bonds.

     

     

  • Court to rule on AGF’s objection to MTN’s suit May 7

    The Federal High Court in Lagos yesterday reserved ruling on 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, is arguing that the suit was statute-barred, thus robbing the court of jurisdiction.

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

    He said the AGF was covered by Section 2(a) of the Public Officers Protection Act, so there was no issue of abuse of office.

    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.

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

    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.

    Previous correspondence from the AGF was acted upon in good faith by the company, Olanipekun continued.

    He revealed that the previous correspondence had requested a self-assessment.

    He posited that the organisation not only undertook the self-assessment but went ahead to submit the result of that process to the AGF’s office.

    The assessment, he said, was undertaken by KPMG and showed clearly that no back taxes were owed to the country.

    He said AGF’s letter heightened issues and led to the company seeking to protect itself from the unlawful actions of the AGF.

    The learned SAN further argued that to the extent that the letter has not been withdrawn, the cause of action continues to exist.

    Therefore MTN remains within its rights to approach the courts, he said.

    Counsel to AGF was asked directly whether the cause of action had been withdrawn, but he declined to respond.

    Olanipekun further posited that from the AGF’s pleadings his office had admitted the submission of MTN in so far as his main argument is not in response to the core issues raised by MTN, but to whether or not the AGF is protected in law from the consequences of his actions.

    The SAN argued that it is implicit in the AGF’s failure to address the substance of MTN’s case, that the AGF is aware it does not have the legal authority to take the action it has taken.

    The AGF is contending that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be within three months of what was complained of.

    But, 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 declaration that the purported “self-assessment” exercise instituted by the AGF via its letter of last May 10 is unknown to law, 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 Chukwujekwu Aneke adjourned until May 7 for ruling.

     

  • Federal Govt closes ‘illegal arms importation’ case

    The Federal Government yesterday closed its case against five men who allegedly imported 661 pump action rifles without license.

    The Attorney-General of the Federation (AGF) arraigned the defendants at the Federal High Court in Lagos on June 14, 2017 for illegally importing double barrel shortguns, pump action rifles and single barrel shotguns (firearms) without authorisation.

    Count one of the charge said the defendants “on or about January 21, 2017, at Apapa, Lagos conspired to illegally import into Nigeria 661 pump actions rifles.”

    The prosecution said they brought the arms from Turkey through the Apapa Port in Lagos, using a 40-feet container, which they falsely claimed contained steel doors.

    Prosecuting counsel Mr. Julius Ajakaiye, a Deputy Director in the Federal Ministry of Justice, said the defendants attempted to bribe Customs officials.

    Read also: APC urges Police, DSS to invesitgate Atiku’s claim to access to INEC server

    Hassan Mahmud, Salisu Danjuma, Oscar Orkafor, Donatus Achinulo and Matthew Okoye, said to be at large, and a company, Mahmud Hassan Trading Company Limited, are the defendants.

    They were charged with illegal importation of firearms, conspiracy, forgery and “uttering” of documents, offering of graft to government officials and importation of prohibited goods.

    The alleged offence contravene sections 3(6),1(14)(a)(I) 1(2) of the Miscellaneous Offences Act of 2004 and Section 98(1) (b) of the Criminal Code Act.

    The court heard from a ballistic expert that forensic analysis was conducted on the guns on June 1, 2017.

    The Officer-In-Charge of Ballistic Section, Force Criminal Intelligence and Investigation Department (Force CIID) Alagbon-Ikoyi, Lagos, Tanimu Jeremiah, said he identified the guns.

    He said the analysis followed a request via a May 25, 2017, letter from the Lagos office of the Department of State Seervices (DSS)

    He said the firearms include a Gorgev Magnum Black 502, Gorgev Magnum Silver 137, Alpha Silver 10, Strong Silver 10 and tornado pump action two, numbering 661.

    The witness said the pump action guns, which had serial numbers, were prohibited.

    Hassan, a retired Assistant Comptroller of Customs, had earlier claimed that he was chained and threatened him with a gun in bid to force him to confess to the crime.

    In a trial-within-trial, he denied confessing to conspiring with others to use his company, Hassan Trading Limited, to import the arms.

    Justice Ayokunle Faji adjourned until April 4 and 5 for defence.

     

  • Appeal Court affirms Lulu-Briggs as Accord Rivers candidate

    The Court of Appeal in Yenagoa, Bayelsa State, has granted the application for a stay of execution on the judgment of Justice Obili of the Federal High Court, Port Harcourt, which ruled that Precious Baridoo and not Dumo Lulu-Briggs was the Rivers State governorship candidate of Accord.

    A statement by the Director of Communications, Dumo Lulu-Briggs Campaign Organisation, Sotonye Ijuye-Dagogo, said Justice A. Lamido delivered his ruling yesterday.

    The statement added that the ruling was in respect of an application by Wilcox Abereton (SAN), Lulu-Brigg’s lead lawyer.

    It said the judge granted the application for stay of execution and further granted an injunction restraining Precious Baridoo from parading himself as the Rivers Accord governorship candidate.

    The statement reads: “By this ruling, Chief Dumo Lulu-Briggs remains the INEC recognised Rivers State governorship candidate of Accord, and the person whose name was legally submitted to the Independent National Electoral Commission (INEC) by the party’s National Working Committee.”

    The Accord in Rivers State has been in crisis over the party’s candidate, resulting in the former Chairman, Precious Barido, approaching a Federal High Court in Port Harcourt to challenge the candidature of Dumo Lulu-Briggs.

    The Federal High Court ruled in Barido’s favour few days to the governorship election, but Lulu-Briggs and the party filed an appeal.

    While the case lasted in the Appeal Court, the party’s national leadership said Lulu-Briggs remains the Rivers State governorship candidate as only his credentials were submitted to INEC.

    The National Chairman, Muhammad Lawal Nalado, described Precious Barido as an impostor, noting that at no time before, during and after his tenure as the state chairman did he notify the national leadership of his interest in the governorship polls.

    According to him, Barido didn’t buy any form from Accord to contest the governorship, and was never the party’s candidate.

  • Patience Jonathan’s $5.7m, N2.4b forfeiture case adjourned

    The Federal High Court in Lagos yesterday ordered parties file affidavits on what transpired at the appellate courts in a forfeiture case initiated by the Economic and Financial Crimes Commission (EFCC) against ex-First Lady Dame Patience Jonathan.

    Justice Mojisola Olatoregun, on April 26, 2017, ordered the temporary forfeiture of $5.7million and N2,421,953,522.78 allegedly belonging to Mrs Jonathan.

    She made the order based on an ex-parte application by EFCC.

    The N2.4billion was found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd, the commission said.

    Following the temporary forfeiture, Mrs Jonathan, through her lawyer Chief Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), appealed.

    The Court of Appeal, last January 12, upheld the temporary forfeiture.

    Dissatisfied, Mrs Jonathan appealed to the Supreme Court.

    The Supreme Court, on March 15, affirmed the Court of Appeal judgment, directing the appellant to return to before Justice Olatoregun to show cause why the money should not be permanently forfeited to the Federal Government.

    The Supreme Court also rejected her prayer to strike down the provisions of Section 17 of the Advance Fee Fraud Act, which EFCC relied on in filing the application.

    Yesterday, Adedipe informed Justice Olatoregun about developments at the Supreme Court.

    The judge then directed parties to file the affidavits.

    EFCC said it found the $5.7million in an account numbered 2110001712 with Skye Bank Plc in Mrs Jonathan’s name.

    In an affidavit in support of the ex-parte originating summons, an EFCC operative, Musbahu Yahaha Abubakar, said Mrs Jonathan opened the Skye Bank account on February 7, 2013.

    “Upon the opening of the account, several huge cash deposits in dollars were made to the account.

    “One Dudafa Waripamo Owei who was the Senior Special Assistant to the former President was one of the frequent depositors in the account.

    “Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.

    The EFCC investigator said Iyoha also made deposits with fictitious names.

    Abubakar said between February 8, 2013 and January 30, 2015, the sum of $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.

    He said Mrs Jonathan had dissipated part of the funds, leaving a balance of $5,731,173.55.

    “If this fund is not forfeited in the interim, the operator of the account, Mrs Dame Patience Jonathan, will fully dissipate it,” the investigator said.

    On the N2.4billion, the operative said the commission also traced the money to the Ecobank account following suspicions that it was a proceed of crime.

    He said the “purported” signatory to the account was one Ada Ifegbu, with a telephone number belonging to one Esther Oba.

    The EFCC operative said the N2.4billion “were substantially the naira equivalent of the United States Dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa.”

    He said it was John who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths Ltd’s account.

    Justice Olatoregun adjourned until May 8.

  • Okorocha to court: retrieve my Certificate of Return

    Imo State Governor Rochas Okorocha has asked a Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to issue him with a Certificate of Return as the Senator-elect for Imo West.

    The Returning Officer, Prof Francis Ibeawuchi, declared Okorocha winner of the February 23 elections having polled 97,762 votes to beat Jones Onyereri of the Peoples Democratic Party (PDP) who scored 68,117 votes.

    INEC, however, declined to issue Okorocha a Certificate of Return on the grounds that Ibeawuchi announced the results under duress.

    A suit filed by Okorocha’s lawyer, Kehinde Ogunwumiju, wants the court to grant an order compelling the INEC to issue him a Certificate of Return as the validly elected Senator for Imo West.

    Okorocha argued that having been declared winner of the election, INEC has no power to withhold his Certificate of Return.

    When the case came up yesterday, the court included Onyeriri and candidate of the All Progressives Grand Alliance (APGA), Senator Osita Izunaso, as the second and third defendants.

    While Nwafor Orizu appeared for Senator Izunaso, Onyeriri was represented by Emeka Etiaba. Mrs. Wendy Kuku represented INEC.

    Justice Taiwo Taiwo directed the plaintiff to amend the originating processes to reflect the new parties in the suit.

    Justice Taiwo also directed the defendants to file and serve their processes within 10 days, while Okorocha’s lawyer files and serve his response within three days.

    He then adjourned till April 5 for the hearing of all pending applications and the substantive suit.

  • Fireworks in Fayose’s trial as judge, EFCC’s lawyer clash

    There were fireworks at the Federal High Court in Lagos on Wednesday as Justice Mojisola Olatoregun accused prosecuting counsel Rotimi Jacobs (SAN) of being “incompetent” and “extremely rude”.

    The judge accused Jacobs of engaging in “Jankara” practice but the Senior Advocate said he took “exception” to being described in such terms.

    He said it was the first time he would be so described by any judge in all his years of legal practice.

    The exchange occurred in the trial of former Ekiti State Governor Ayo Fayose.

    The Economic and Financial Crimes Commission (EFCC) accused Fayose of receiving and keeping N1.2billion and $5million allegedly stolen from the Office of National Security Adviser (ONSA) contrary to the Money Laundering Act.

     Fayose pleaded not guilty.

    The exchange occurred after the cross-examination of the 10th prosecution witness, Maroun Mechleb, who is the Chief Executive Officer of an Akure, Ondo State-based construction firm, Samchase Nigeria Limited.

    The witness testified he handled several contracts for Ekiti State, which he said were facilitated by Fayose’s aide, Abiodun Agbele.

    He said there was a gentleman’s agreement that he would appreciate Agbele for every contract he facilitated.

    He said he gave Agbele N132.5million on one occasion as “appreciation” for an unspecified contract he facilitated.

    In one of the counts of the charge, EFCC alleged that Fayose acquired chalets 3 and 4, 6 and 9 on Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ Technical Services Ltd with N1,151,711,573.

    Mechleb told the court that he and his brothers, who testified earlier, also ran J.J Technical Services, but that the firm was unable to get a job from the state.

    The witness said he once lied to the EFCC about owning a property based on Agbele’s instructions in a bid to help “a friend”.

    His words: “Mr Agbele asked for a company we can use to get a job. I gave the name (J.J. Technical Services) to Abiodun Agbele to help get a job for the company.

    “Mr Agbele bought a property and put it in the company’s name. He gave me the documents of the property to sign. I cannot read English properly, but I just signed the documents,” Mechleb said.

    Jacobs asked him: “Did you know what the documents were about?”

    The witness said: “It was later that I got to know that the documents were about a property and I had to contact Mr Agbele.”

    Read also: FG approves N27.4bn for victims of conflicts, insecurity, flooding

    On how he came to pay Agbele N132.5million, Mechleb said: “I had an agreement with Agbele that I would appreciate him. He gave me an account to send the money, which I have done.

    “He told me that I have one house, because I paid N132.5million to him. The truth is that the house does not belong to me but to Mr Agbele.

    “After I made the first statement at EFCC, my lawyer asked me to go back and say the truth.”

    Asked what he knew about Agbele, the witness said: “I know he was the one helping to facilitate the jobs. We agreed that when he gets the job for me, I will appreciate him.

    “We did not specify the amount but it’s around 10 per cent.”

    Under cross-examination by defence counsel Mr Ola Olanipekun (SAN) (for Fayose) and Olalekan Ojo (SAN) (for Fayose’s co-accused Spotless Ltd), Mechleb said: “In making the first statement, I did not say the truth. I was trying to help my friend. I can lie to help a friend.

    “I later obeyed my conscience and went back to EFCC to say the truth.”

    The witness said the contracts Agbele got for him were undocumented.

    “We were given about six or seven contracts by Ekiti State. The contracts Agbele got for me were not in writing. The description of what I was to do was given to me verbally.”

    He also said he never interacted directly with Fayose. “My interactions were with Mr Agbele, no more, no less,” he said.

    During cross-examination, Olanipekun tendered parts of Mechleb’s statements at EFCC but not all.

    When Jacobs sought to tender the remaining part during his re-examination of the witness, Olanipekun and Ojo objected on the basis that Jacobs could not tender a statement at the re-examination stage.

    Justice Olatoregun upheld the objections, but added that Jacobs could “have another bite at the cherry” by tendering it later. She did not mark the document as rejected.

    But the judge took offence when Jacobs made reference to a submission by Ojo during his objection.

    Justice Olatoregun said: “Mr Jacobs, you dare not! You are not competent to look into my ruling, to evaluate my ruling. You are totally incompetent, whether you are a Senior Advocate or not.”

    Jacobs said: “I was not referring to Your Lordship’s ruling.”

    Justice Olatoregun said: “You are going beyond your bounds. Do not let me trash your practice. Listen to me, if you reevaluate my rulings in this court, you’ll get into trouble.

    “You can only go on appeal, Mr Jacobs. Your mode of advocacy, I do not understand it. It looks like what do they call it?… Jankara market practice.”

    Jacobs: “Thank you my Lord”.

    Judge: “You stand here to reevaluate my ruling; you are incompetent to do that. If you have any re-examination, you do that. If you do not have, call your next witness, or you take a date.”

    Jacobs: “I’m grateful to your Lordship. Thank you my Lord.”

    Judge: “You do not stand there with impetus and reevaluate my ruling. I have ruled, relying on two sections of the Evidence Act.

    “If you have an objection to that, you go on appeal. You have no competence, carrying your wig with arrogance, and we have a lot of young lawyers here. What are you teaching them? You stand up to a judge and re-evaluate the ruling of a judge. It cannot happen in my court!

    “Re-examine your witness; if you are not re-examining, then close your case.”

    Jacobs: “My Lord, I did not refer to Your Lordship’s ruling. I never said a word about Your Lordship’s ruling.”

    Judge: “I do not take tangential comments here. You are fond of doing that. You are an extremely rude senior advocate.

    “If you are a senior advocate, you are not older than me at the Bar and you are not older than me in age.

    “In Yoruba land, we respect age. And in this job, we have what they call professional ethics and respect for each other.”

    Jacobs: “I have offered respect to My Lord.”

    Judge: “You have never offered it.”

    Jacobs: “For My Lord to say that I am Jankara practice lawyer…”

    Judge: “Yes, I am saying it. When you finish here, you can write a petition to the NJC (National Judicial Council).

    “I’m saying it, and I’m not going withdraw it. I have said it. Go and do whatever you like

    “I have called you into chambers and I told you what you’re doing which is not right. You do not just ridicule yourself here, and you have not stopped.”

    Jacobs: “I’ve been in this job for a while. I have appeared before several judges, from the lower court to the Supreme Court. No judge has ever called me a Jankara practitioner.”

    Judge: “I do not want to know. I do not want to know how many years…”

    Jacobs: “I never engaged in Jankara practice, and I take exception to that word, Jankara practice.”

    Judge: “Now, are you re-examining your witness?”

    Jacobs: “Yes, I am. But I take exception to that word, Jankara practice. I take full exception to it.

    “I do my job according to my conscience; I will never pervert the course of justice; I will never call any witness to come here and lie against another person. I fear God. But for one to suppress truth, I will fight against it.”

    Two other Lebanese, Goshen Joseph and Joseph Mechleb, earlier testified that J.J. Technical Services had no jobs and never got any from the state.

    A lawyer, Mr Kennedy Osunwa, earlier testified that he was engaged to prepare a deed of assignment with respect to a property on 100, Tiamiyu Savage, Victoria Island, Lagos.

    He said: “Sometime in 2014/2015, a company that I had retainership with as a tenant solicitor (Still Earth Ltd) called me and said they had acquired some properties lying at 100, Tiamiyu Savage, Victoria Island, and that they had concluded arrangement to sell some because they had a buyer.

    “The particulars of the buyer were given to me to prepare a deed of assignment. I was told that one Abiodun Agbele with a company, J. J Technical, were buying the property.”

    Justice Olatoregun adjourned until April 15 for continuation of trial.

  • No document to back my claims on Fayose, says ex-minister

    The Federal High Court in Lagos yesterday discharged former Minister of State for Defence Senator Musiliu Obanikoro as a witness in the trial of former Ekiti State Governor Ayo Fayose.

    Obanikoro testified as the fifth witness of the Economic and Financial Crimes Commission (EFCC).

    Under cross examination by counsel for Spotless Limited, Fayose’s co-accused, Mr Olalekan Ojo (SAN), Obanikoro said there was no documentary evidence to back up all he said in court.

    Ojo asked him: “Did you produce any evidence to back any of your assertions before this court?”

    Obanikoro answered: “No.”

    Ojo asked the former minister about his late personal assistant Justin Erukaa, whose statement made during investigation was esrlier  admitted in evidence.

    The witness said: “Erukaa left Lagos a day before Salah about two years ago.

    “The Police called one of my special assistants saying the owner of the phone died on the spot in a motor accident. My PA immediately called me.”

    After Ojo said he had no further questions for Obanikoro, prosecuting counsel Rotimi Jacobs (SAN) called the sixth prosecuting witness (PW6), Mr Olugboyega Omotayo Falae, a banker.

    The EFCC had alleged that Fayose acquired a property on 44, Osun Crescent, Maitama, Abuja in the name of his elder sister, Moji Oladeji, with N200million.

    Falae, who now works with Ecobank Nigeria, said he was a staff Skye Bank (now Polaris Bank) when the transaction occurred.

    He said as head of the estate support department, he knew about how the property came to be sold.

    According to him, the bank occasionally disposes of some properties “that are in excess of its requirements.”

    He said the Osun Crescent property was one of those the bank decided to dispose of.

    Falae said once the bank’s management gave approval, a list of properties was given to agents who would source for buyers.

    Read also: Fayose loses Unit, ward to APC

    He said the bank got offers, including one from one Mrs Titiloye Orebiyi.

    “Eventually we agreed on N200million for the property. The documents of the transaction were submitted to the EFCC.

    “On April 20, 2015, we wrote an internal memo and a letter of acceptance to the Managing Director of Signature Integrated Ltd (Mrs Orebiyi) accepting their N200million offer and indicating which bank account to pay to,” he said.

    The court admitted some the transaction documents in evidence.

    Fayose is on trial for allegedly receiving and keeping N1.2billion and $5million allegedly stolen from the Office of National Security Adviser (ONSA) contrary to the Money Laundering Act.

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

    EFCC said Fayose and Biodun Agbele, who is 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 Obanikoro, without going through a financial institution, the sum having exceeded the amount authorised by law.

    Fayose pleaded not guilty.

    Trial continues today.

  • FIRS Arraigns Companies, 3 Others Over Tax Evasion, Assault on Revenue Staff

    The Federal Inland Revenue Service (FIRS) on Monday arraigned Fortless Global Concept Limited and Everyday Wine Shop and their representatives at the Federal High Court, Abuja on alleged tax evasion, obstruction of official duty and attack on staff of the FIRS on duty among other charges.

    In the Charge No: FHC/ABJ/CR/48/2019, between the Federal Government of Nigeria (Complainant) and Fortless Global Concept Limited (also known as Federal High Courtand Chukwu Ejike (Defendants), the FIRS proffered a six-count charge bordering on tax evasion and assault on FIRS staff on duty on the defendants pursuant to Section 174 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Section 47 of the FIRS Establishment Act No: 13, 2007.

    Similarly, in the Charge No: FHC/ABJ/CR/47/2019, between the Federal Government of Nigeria (Complainant) and Everyday Wine Shop (also known as Everyday Wine Shop &Bar), Mbah Sunday and Epkeha Peter (Defendants), the FIRS preferred a six-count charge also bordering on tax evasion and assault on FIRS staff on duty on the defendants pursuant to Section 174 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Section 47 of the FIRS Establishment Act No: 13, 2007.

    A statement from FIRS said “representatives of the two companies who are currently on administrative bail: Mbah Sunday and Epkeha Peter for Everyday Wine Shop and Chukwu Ejike for Fortless Global Concept pleaded not guilty to the charges.”

    Justice Taiwo O. Taiwo of the Federal High Court 10, Abuja granted the application of the leader of FIRS prosecution counsel, James Binang and scheduled March 21, 2019 for the FIRS to prove the charges against the defendants.

    Following undertaking by the counsels of the defendants (Sanya Amos for Everyday Wine Shop and M. A Ejeh for Fortless Global Concept Limited) the Court also granted that the counsels should to bring the defendants to Court on March 21st, 2019 for further hearing.

    The statement said Binang for the FIRS “took the measures to prosecute the defendants to serve as a deterrent for other people who would want to evade taxes or tow the ignoble route of preventing tax officers from carrying out their official responsibilities.

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    “We cannot allow this to continue. Our staff were assaulted and their dresses torn. The FIRS wants to prosecute these cases to their logical conclusions to send signals to other people who would want to commit similar offences”, Binang told the Court.

    Charges against Everyday Wine Shop are similar with the charges against Fortless Global Concept Limited.

    Some of the Charges against Everyday Wine Shop are: “That you, Everyday Wine Shop (aka Everyday Wine Shop and Bar) 2. Mbah Sunday and 3. Epkeha Peter on or about the 24th day of January 2019 at the Federal Housing Estate, Lugbe, Abuja, within the Jurisdiction of this Honourable Court, being obliged to deduct and remit Value Added Tax (VAT) in the course of your business, conspired amongst yourselves to participate in Tax Evasion; and you thereby committed an offence punishable under Section 49(1) and (2) of the Federal Inland Revenue Service (Establishment) Act, No: 13, 2007.

    “That you, Everyday Wine Shop (aka Everyday Wine Shop and Bar) 2. Mbah Sunday and 3. Epkeha Peter on or about the 24th day of January 2019 at the Federal Housing Estate, Lugbe, Abuja, within the Jurisdiction of this Honourable Court, being taxable persons conspired amongst yourselves to obstruct and assault authorised officers of the Federal Inland Revenue Service (FIRS) in the course of the performance of their official functions; of pasting Value Added Tax (VAT) Non-Compliance Notice on business premises of persons and individuals adjudged by the Service to be Non Tax Compliant; and you thereby committed an offence contrary to Section 49(1) and (2) of the Federal Inland Revenue Service (Establishment) Act, No: 13, 2007.

    “That you, Everyday Wine Shop (aka Everyday Wine Shop and Bar) 2. Mbah Sunday and 3. Epkeha Peter on or about the 24th day of January 2019 at the Federal Housing Estate, Lugbe, Abuja, within the Jurisdiction of this Honourable Court, being taxable persons conspired amongst yourselves obstructed and assaulted Miss Funke A. Shodunke, an authorised officers of the Federal Inland Revenue Service (FIRS) in the course of the performance of their official functions; of pasting Value Added Tax (VAT) Non-Compliance Notice on business premises of persons and individuals adjudged by the Service to be Non Tax Compliant; and you thereby committed an offence contrary to Section 49(1) and (2) of the Federal Inland Revenue Service (Establishment) Act, No: 13, 2007”, the Charges read.