The Nation Newspaper

Tag: hearing

  • Council organises public hearing on bills

    The Leader of the Oto Awori LCDA, Ijanikin, Lagos, Hon. Moses Aina Olabisi,  has said the public hearing for new four legislative bills  is aimed at getting the inputs of the residents of the council and their feedback.

    He said this at the public hearing arranged by the legislators at the council secretariat.

    The bills are on revenue generation, environmental services, street naming and radio/TV licence.

    Aina said the Generation of Revenue Bill would end the misunderstanding between the people and tax collectors, adding that  those who fail to pay revenue  this year will be charged to court next year.

    “Anyone who wants to have his or her street named after his or her name must have contributed a lot of development on that street, get a letter from the traditional ruler, community development association and land owners. It is not about being rich,” Aina said.

    He said the government had to provide a designated dumpsite before anyone could be apprehended for breaking the law on environmental services, adding, “the payment for radio/ TV is not expensive. It is just N200 per annum and N500  for duplex, stressing all payments should be made to the council’s account and not to any employee.”

  • Council conducts hearing on proposed public facilities bill

    In a bid to involve members of the public in the business of lawmaking, the legislative arm of Iba Local Council Development Area of Lagos State has organised a public hearing on a proposed bill to prohibit commercial activities on public facilities.

    The public hearing held on Thursday, at the council’s town hall, IBA Town, was part of the statutory functions of the legislative arm to provide the platform for members of the constituents, groups, associations and individuals to contribute in lawmaking process of the local government.

    Speaking at the occasion, the leader of the council, Hon. Yomi Bakare, said one of the cardinal roles of any legislative at the federal, state or local government level, is to make laws and formulate policies for good governance that will reflect positively on the lives of the general public.

    Bakare noted that the proposed bill to prohibit the use of public roads, setback and walkways for social, economic or religious purposes, is in tandem with statutory responsibility of the legislative arm to formulate, moderate and organise a better society, adding that by extension, to consolidate the dreams of the Lagos State government in the transformation of Lagos State to a smart city.

    The law being proposed is to curb commercial activities, indiscriminate parking and blocking of walkways, setbacks and streets for economic or religious purposes, which is prevalent in some areas of the local council such as Okokomaiko, Ishasi, Iyana School and Igbo-Elerin, thereby inhibiting the rights of other road users.

    Bakare stated that the bill, if passed into law, will provide an atmosphere conducive enough for living, as well protect lives and property of inhabitants of Iba Local Council Development Area.

    Dignitaries present at the event were Mr. Dapo Ajibade, Director of Protocol Deputy Governor’s Office, representing the Deputy Governor, HRM, Oba Goriola Oseni, Oniba of Iba land, Hon. Isiaka Yaya, Vice-Chairman, Hon. Niyi Alape, Secretary to the Local Council, Hon. Yinka Durosimi and other council officials.

  • Hearing begins tomorrow in suit against estate firm

    Hearing will commence tomorrow in a suit filed by property owners and residents of Diamond Estate, Sangotedo, Ajah area of Lagos, against management of the estate.

    Justice Ganiyu Safari fixed the date for hearing to enable the defence appear at the court sitting on the matter scheduled for mention.

    The court had, earlier at the last sitting, secured the commitment of the counsel to the claimants to inform the defence of the new dates for hearing.

    The suit was filed through a Writ of Summons by Mr. Faustinus Brai, on behalf of himself and other property owners and residents of Diamond Estate, Sangotedo, Lagos through their counsel,  Johnson Bryant.

    The second claimant in the suit  is Incorporated Trustees of Diamond Estate Property Owners and Residents Association.

    The first and second defendants in the suit are Femab Properties Limited and Diamond Estate Limited respectively.

    Counsel to the claimants, Paul Olaniyi had told the court that the claimants opted for trial, having concluded CMC and explored Alternative Dispute Resolution (ADR) with the defendants without success.

    Olaniyi had also drawn the attention of the court to the issue of the ‘res’ which he said has been tampered with by the defendants.

    “The defendants have tampered with the’res’ by leasing a part of the project to a network provider, which has installed a mast at the site provided in the residential area.

    In their 28-paragraph affidavit in support of the writ, the claimants are asking the court for a declaration that the first and second claimants are entitled  to all facilities represented by the first defendants and an order for the provision of all outstanding facilities detailed in the first defendant in its ‘offer prospectus’ and that the facilities shall comply with acceptable international standards.

    In the alternative, they asked the court for an order appointing a project manager, who shall be responsible for the appointment and supervision of contractors for the provision of the outstanding facilities in compliance with acceptable standards and for same to be at the full expense of the first defendant, Femab Properties Limited.

    In addition, they asked the court for a declaration that the second claimant, as a trustee to the beneficial property owners and residents of Diamond Estate, Sangotedo, Ajah, Lagos, are at liberty to decide who manages the joint facilities in the estate and that the unilateral appointment of the second defendant by the first defendant, without the authority of the first claimant and other property owners is ab initio, null and void.

    They asked the court for an order of perpetual injunction, restraining the second defendant  from providing estate management services for Diamond Estate and directing the company to vacate the facilities and the estate.

    However, the defendants, in their joint statement of defence and counter claims, while admitting the averments of the claimants  in some paragraphs, denied claims in most paragraphs .

    The defendants, challenged the claimants to produce the originals of the documents in their possession that are relevant to the suit in court.

    They expressed surprise at the suit and averred that it was to embarrass and sabotage their business and contended that the claimants are not entitled to any of the relief sought from the court.

    They contended that the action of the claimants “is frivolous, vexatious, embarrassing, unfounded, gold digging and should be dismissed with substantial cost.

    They argued that contrary to the claims of the claimants, the right to manage Diamond Estate was irrevocably vested in the first defendant in line with code of conduct duly executed by all the property owners.

  • Osinbajo’s visit stalls hearing on El-Zakzaky’s bail

    The expected visit of Vice President Yemi Osinbajo to Kaduna State yesterday stalled hearing of the bail application for leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky, and his wife Zeenatu.

    The Kaduna High Court, however, adjourned sitting till November 7.

    El-Zakzaky and his wife are being tried for culpable homicide.

    Director of Public Prosecution Dari Bayero said the case was adjourned because Osinbajo is visiting Kaduna and there is not enough security.

    The Vice President was expected to witness the convocation ceremony of the 65 Regular Course (Army) and 66 Regular Course (Navy and Airforce) at the Nigerian Defence Academy (NDA). He was later represented by the Secretary to the Government of Federation (SGF), Boss Mustapha.

    Bayero said: “The court has adjourned the case till November 7 when the defendants will be present for hearing. We could not bring El-Zakzaky to court because of security concerns as the Vice President is visiting Kaduna and security is over stretched.

    “The prosecution thus asked that the presence of the defendant be excused for the proceedings and the court graciously accepted.”

  • Hearing in Sagamu community, Methodist Church case fixed for June 7

    sagamu High Court in Ogun State has fixed June 7 for further hearing in the dispute between a Sagamu community and the Methodist Church over an alleged breach of terms of lease on a 53.94-acre of land.

    The land at Efure area of the town was leased to the church for 99 years for missionary and educational purposes. The agreement was said to have been signed on March 15, 1931 between Wesleyan Methodist Missionary Trust Association Limited and some leaders of the community led by the then Akarigbo of Remo land, Oba Williams Christopher Adedoyin.

    The community representatives -Samuel Olusanya Banjo, Emmanuel Oladunni Adelesi and others – sued Wesleyan Methodist Missionary Trust Association Limited, demanding that the land be returned with compensation since the defendant allegedly breached the terms of the lease.

    In the suit filed by their counsel Babatunde Oshilaja, the community claimed the land was leased for building a boarding school and residence for the European principals. But that the defendant, it alleged,  has church building, Bishop complex, Banquet hall and meeting rooms, guest houses, Theological Institute, event centre, sawmill, among others, on the land. This, the plaintiff claimed, negated and the deed of lease registered as No. 15, page 15 in Register of Deeds at the Land Registry, Abeokuta.

    Joined in the action are  Sagamu Local Government, Mr F. A. Mabawonku, Vigilante Security Organisation,  Oladega Ajelana, Wasiu Asako, Mrs Abosede Dauda, Gospel Sabbatarian The True Church of God and one other.

    They claimed that in the light of the infractions, the court should declare that the lease has been breached; nullify the lease and make an order returning the land to the community and its representatives.

    The community also asked for damages by the defendants’action. It is seeking a perpetual injunction restraining them and their agents or officers from interfering with the claimant’s exclusive possession of the land, among others.

    At the resumed hearing of the case on Monday, Fola Yussuf, counsel for the fourth defendant and Mr. Ezugwu Paul, counsel for the eighth to 10th defendants, sought an extension of time to file their response to the application.

    Earlier, Oshilaja told the court that the fifth defendant, Mr F. A. Mabawonku is dead and asked that he be struck out of the case.

    Oshilaja said there had been no reaction to the suit since last October when the Registered Trustees of Methodist Church Nigeria was served the process.

    He, however, argued that the case could still proceed, since rule of the court permitted that.

    Justice A.A. Babawale adjourned till June 7 to enable the defence counsel regularise his response.

  • Akeredolu: June 6 for hearing

    A Federal High Court in Abuja has fixed June 6 for hearing in the suit by an aspirant of All Progressives Congress (APC) in the last governorship election in Ondo State, Segun Abraham.

    Justice Nnamdi Dimgba chose the date yesterday at the resumption of proceedings after the March 23 judgment of the Supreme Court dismissing Akeredolu’s challenge of service of processes on him through APC.

    Before adjourning, the judge granted the plaintiff’s motion for leave to amend his originating summons, a motion not opposed by defendants’ lawyers.

    Abraham is challenging the emergence of Akeredolu as APC’s standard-bearer for the 2016 poll and urging the court to declare him winner of the primary election.

    Proceedings were stalled by Akeredolu’s challenge of service up to the Supreme Court.

    Justice Dimgba at the preliminary stage ordered substituted service of processes on Akeredolu through his party in Abuja, a decision he challenged up to the Supreme Court and lost.

    At the beginning of proceedings yesterday, plaintiff’s lawyer J. O. Amupitan (SAN) told the court that it was heart-warming that the Court of Appeal and Supreme Court upheld the ruling and ordered substituted service on Akeredolu.

    Akeredolu’s lawyer Akin Olujinmi (SAN) and other defence lawyers praised the judge for agreeing to stay proceedings pending the Supreme Court’s decision.

  • Alleged $1.6m theft: Hearing resumes April 16

    A Federal High Court in Lagos has adjourned till April 16, hearing in a case of alleged conspiracy and stealing of $1.630 million involving Emirates Airlines and six others.

    Justice Muslim Hassan fixed the date last Friday after taking the testimony of a prosecution witness, Mr Austin Osobase, who is a Superintendent of Police (SP).

    The offences were allegedly committed on December 19, 2007 at the Murtala Mohammed International Airport (MMIA), Ikeja, when a traveller, Chu Ikem Orji, boarded an Emirates Airline in Lagos enroute China.

    Joined alongside the airline in the three-count charge were Pathfinder International Ltd, Nigerian Aviation Handling Company Plc, Abayomi Adekanbi Abiola, Isiaka Adegoke Adedeji, Awonubi Abayomi, and Jennifer Eze.

    Others were Obinna Onyeukwu Onyenso, Mohammed Yousouf, George Ikpekhia, and Haffeez Azeem.

    In his testimony, Osobase told the court that he investigated the alleged disappearance of the bags.

    Under cross-examination by defence counsel Awa Kalu (SAN), the witness maintained, among others, that the bags containing the money were not loaded in Nigeria.

    Osobase said following Orji’s complaint of non-delivery of the bags, Emirate Airlines’ Sales Manager Alhaji Isiaka Adedeji, on November 1, 2008, wrote a letter of undertaking to the Commissioner of Police, Special Fraud Unit (SFU), promising to produce the bags.

    The defendants were arraigned in March 2012 before Justice Mohammed Idris due to their failure to fulfill the undertaking.

    They filed a preliminary objection challenging the competency of the charge.

    Justice Idris, in dismissing the objection, said there was nothing before the court to enable it conclude that the charge was an abuse of court process.

    Their appeal was also dismissed for lacking in merit by the Court of Appeal, which ordered accelerated hearing of the matter at the lower court.

    The matter was then reassigned to Justice Hassan before whom the defendants were re-arraigned.

    According to the charge, the defendants conspired and stole four bags with tag numbers EK 428682, EK 423683, EK 650162, and EK 650161 on December 19, 2007 at the MMIA.

    The prosecution said the defendants tagged and collected the bags, one of which contained $1,630,000, from Mr. Orji, on the pretext of keeping them intact for onward delivery to him at Guangzhou, China.

    The defendants pleaded not guilty.

     

  • Reps’ committee holds public hearing on pension today

    The House of Representatives Committee on Pensions will today hold a public hearing on the proposed pension bills at the new auditorium’s Room 034 at the National Assembly in Abuja.

    The committee urged stakeholders in the pension industry, especially pension operators who opposed the bills, to submit their memoranda.

    In a statement in Lagos, the Executive Secretary of Pension Fund Operators Association of Nigeria, Susan Oranye, said: “Following the second reading passage of the bill for an act to amend the Pension Reform Act, to exclude and or exempt members of the Nigeria Police Force, the Security and Civil Defence Corps, the Nigeria Customs Service, Nigeria Prisons Service, Nigeria Immigration Service, Economic and Financial Crimes Commission, Independent Corrupt Practices Commission, Nigeria Drug Law Enforcement Agency and other related agencies from the application of the Contributory Pension Scheme (CPS) and the bill for an act to amend the provisions of the PRA 2014 to reposition the CPS for effective service delivery, the House Of Representatives consequently mandated its Committee On Pensions to carry out further legislative actions on them.

  • APC holds hearing on federalism

    APC holds hearing on federalism

    The All Progressives Congress (APC) Committee on True Federalism will hold a zonal public hearing for Sokoto, Zamfara and Kebbi states today.

    A statement yesterday by the Special Adviser to Governor Aminu Waziri Tambuwal on Media and Public Affairs, Malam Imam Imam, said the hearing would hold at the auditorium of Sultan Maccido Institute for Quranic and General Studies, by 10a.m.

    The statement said: “Governors of Sokoto, Aminu Waziri Tambuwal; Zamfara, Abdulaziz Yari and Kebbi, Abubakar Atiku Bagudu, hereby invite people from the three states to make presentations on issues, such as restructuring, fiscal federalism, creation of more states or merger of some, land tenure system, local government autonomy, independent candidature, power sharing and rotation, among other important issues.”

  • Court fixes Friday for hearing of suits by Melaye, APC against recall

    •Kogi West voters insist on senator’s removal

    A Federal High Court in Abuja has fixed Friday for the hearing of two suits seeking to stop the Independent National Electoral Commission (INEC) from proceeding with the process of recalling Senator Dino Melaye representing Kogi West.

    The first suit was filed by Melaye and the second was filed by the Kogi State All Progressive Congress (APC) and 12 others.

    The other plaintiffs in the second suit are: Alhaji  Haddy Ametuo, Shaibu Osune, S.T Adejo, Comrade Yahaya Ade Ismail, Chief Gbenga Ashagun, Ahovi S. Ibrahim, Ghali ND Usman, Isa Abubakar, I. Molemodile, Abubakr M. Adamu and Daniel Sekpe.

    The vacation judge of the Federal High Court, Abuja, Justice Nnamdi Dimgba fixed Friday for hearing after granting an application by Olatunji Atoyebi (for the plaintiffs in the second suit) for the consolidation of his client’s case, pending before another judge of the court, with the one by Melaye (which is already slated for hearing during the court’s vacation).

    The judge said the consolidation was necessary to prevent the rendering of conflicting judgments by two judges of the court, more so when the cases were on the same issue of whether or not INEC could proceed with Melaye’s recall.

    Earlier in the proceeding, the judge granted two applications, admitting new parties to the suit. The first application was filed by three individuals, who said they coordinated the petition for Melaye’s recall – Chief Cornelius Olowo, John Anjorin and Malam Yusuf Adamu. They were joined as defendants in the suit by Melaye.

    The second application was by five persons – Afolabi Lydia Olufunke, Mrs. Iyabose Owolabi, Sanya Grace Folake, Salihu Abubakar Abdullahi and Michael Olowolaiyemo, who identified themselves as registered voters from Kogi West. They were joined as co-plaintiffs in the suit by Melaye.

    In allowing the applications for joinder, Justice Dimgba noted that the participation of all the applicants in the suit will assist the court in achieving justice in the case.

    In a separate ruling, he granted Melaye’s application for leave to amend his originating processes. The judge also ordered the defendants to file supplementary processes, if need be, as a result of the amendment to be effected by Melaye.

    Arguing the motion for joinder, Chief Anthony Adeniyi, who is lawyer to Olowo, Anjorin and Adamu argued that his clients were necessary parties to the suit. He attacked the competence of the suit by Melaye and urged the court to dismiss it.

    In their counter-affidavit, Olowo, Anjorin and Adamu, who said they were acting for themselves and the 188,521 registered voters (who endorsed the petition for Melaye’s recall) argued that the senator cannot be saved by the court and asked that INEC be allowed to perform its constitutional duties.

    On why they seek Melaye’s recall, Cornelius stated, in a supporting affidavit, that the electorate in Kogi West were tired of the senator’s conflicting and confusing roles in the Senate.

    He noted that while Melaye has barely spent two years in the Senate, he was preparing “seriously” to contest a councillorship position in his ward in Ijumu Local Government.

    Melaye actually made this fact public when, in paragraph 20 of the affidavit supporting his originating summons, he claimed that “I am interested in contesting for a councillorship position in my Local Government Area, Ijumu…”

    Cornelius said: “Since he (Melaye) cannot simultaneously hold the offices of a senator and councillor, his constituents are voting more competent, reliable and worthy replacement to represent them in the Senate”.

    On why the court cannot stop INEC from proceeding with Melaye’s recall, Olowo, Anjorin and Adamu argued, in their written address, that since the roles placed on the electoral body in a recall process is spelt out in Section 69(2) of the Constitution, INEC is obligated to perform those roles without being hindered by any court.

    Cornelius, Anjorin and Adamu agreed that the court could only be invited to review the exercise of the power granted any institution or agency of the Executive after such power had been exercised and not before or in the process of it being exercised.