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Tag: High Court of the Federal Capital Territory (FCT).

  • Court voids APGA primary in Anambra South Senatorial District

    …Sacks Nicholas Ukachukwu as party’s candidate

     

    A High Court of the Federal Capital Territory (FCT) in Apo, Abuja has voided the October 3, 2028 primary election held by the All Progressives Grand Alliance (APGA) to choose candidate for Anambra South Senatorial District.

    Justice Valentine Ashi, in a judgment on Thursday, held that the primary, which produced Nicholas Ukachukwu as the party’s candidate, was not held in substantial compliance with relevant provisions of the law.

    Read Also:Ngige to PDP, APGA: forget Anambra Central senatorial poll

    Justice Ashi, who resolved the sole issue, he identified for determination, in favour of the plaintiff, also nullified Ukachukwu’s emergence as the party’s candidate and the certificate of return issued to him.

    The judgment was on a suit marked: CV/3054 filed by Dr. Okey Chidolue, who claimed to have won the primary and sought to be pronounced the winner.

    Defendants in the suit were APGA, its National Chairman, Victor Ike Oye, Anambra State Chairman, Norbert Obi, Nicholas Ukachukwu and the Independent National Electoral Commission (INEC).

    Justice Ashi rejected the notices of preliminary objection filed by some of the defendants, who had queried the competence of the suit and the court’s jurisdiction to hear it.

    The judge also held that the plaintiff failed to prove his case against the 5th defendant, INEC.

    The judge declined to make any order against INEC and also declined to declare the plaintiff the winner of the primary.

    Instead, the judge advised parties to approach INEC and work out ways of overcoming the challenge now created.

    The plaintiff had, among others, argued that the primary was marred with illegality and fraudulent conduct.

    He claimed, among others, that the delegates duly elected at ward congresses were not the delegates that voted in the primary held at the Ekwulobia Township Stadium on October 3 this year.

  • Ekiti: Court dismisses suit seeking to bar Fayemi

    A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja has dismissed a suit seeking to bar the All Progressives Congress (APC) candidate, Kayode Fayemi from participating in the Ekiti Governorship election.

    Justice O. A. Musa, in a judgment on Tuesday,  dismissed the suit by the Action People’s Party (APP) on the ground that it was without merit.

    Read Also:INEC chief to Fayose: Fayemi didn’t hire us to rig

    The plaintiff had argued among others, that Fayemi’s indictment by a commission of inquiry set up by the state government to probe his administration, and the white paper issued by the state based on the indictment, disqualified Fayemi from holding public office by virtue of Section 182(1)(i) of the Constitution.

    Justice Musa quashed Fayemi’s purported indictment by commission of inquiry and the white paper on the grounds that the ‎process leading to the report and white paper was tainted with bias as Fayemi was not accorded fair hearing.

    The judge noted that Section 182(1)(i) of the Constitution, on which the suit was based, was no longer in existence having been deleted by the National Assembly through the first alteration of the Constitution in 2011.

    Justice Musa who who answered the two questions posed by the plaintiff in the negative, refused all its prayers and declared the Fayemi was eligible to contest the next Governorship election and that the APC was at liberty, under the law to field him as its candidate.

    Details later…

  • Projects’ probe: ICPC withdraws charge against NDDC boss

    The Independent Corrupt Practices and other related offences Commission (ICPC) has withdrawn the two-count charge it filed against the Niger Delta Development Commission (NDDC) and its Managing Director/Chief Executive Officer, Nsima Ekere.

    ICPC had, in the charged marked: CR/187/2018, accused NDDC and Ekere of refusing to honour invitation and request for documents in relation to the construction of Umuihe-Odo-Umuanya Road, Umuahia South Local Government Area of Abia State.

    Prosecution lawyer, Osuobeni Ekoi Akponimisingha announced ICPC’s decision to withdraw the charge when the case came up on Thursday before Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) in Apo, Abuja.

    Read Also:ICPC charges NDDC boss, Ekere for allegedly frustrating investigation

    Akponimisingha said although the prosecution has complied with the court’s earlier order for substituted service of the charge on Ekere, there are new developments in the case, requiring that the charge be withdrawn.

    He said: “While the matter was pending, the defendant complied with our request,  which informed why we filed the charge in the first place.”

    Relying on Section 108 (2)(a) of Administration of Criminal Justice Act (ACJA), the prosecution applied to withdraw the judge, an application Justice Adeniyi granted.

    The judge, in a ruling, said “the prosecution, having applied to withdraw the charge, under ACJA, 2015, the charge with suit No: CR/187/2018, filed on the 4th of May 2018 is accordingly struck out.”

  • Updated: Suspended SEC, DG Gwarzo, one other arraigned over alleged fraud

    Suspended Director General (DG) of the Security and Exchange Commission (SEC), Mounir Haliru Gwarzo and an Executive Commissioner, Corporate Services in the agency, Zakawanu Garuba have been arraigned before a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    They were arraigned on Tuesday on a five-count charge marked: CR/185/18, in which they were accused of misappropriating about N115million naira.

    Gwarzo was accused by the prosecuting agency, Independent Corrupt Practices and other related offences Commission (ICPC) of among others, using his position to confer corrupt advantage upon himself when he received N104.8m as severance benefit when he was yet to retire.

    He was also accused of receiving N10.98m “in excess of car grant payable to you.”

    Garuba was accused of among others, using his position to confer corrupt advantage on another public officer by approving the two sets of money Gwarzo allegedly received.

    Three counts in the charge affected Gwarzo, while the other two were directed at Garuba.

    Gwarzo, dressed in white kaftan and Garuba, who was dressed in deep blue suit, stood in the dock during the about an hour proceedings.

    They pleaded not guilty to the charge when it was read to them by an official of the court.

    Read Also:Alleged N104.8m fraud: Gwarzo heads for Industrial Court

    Defence lawyers, Abdulhakeem Mustapha (SAN) and A. A. Malik told the court about the bail applications they filed for the defendants, which they later moved upon the court’s permission.

    Prosecution lawyer, Henry Emore did not object to the bail applications.

    He however urged the court to grant bail on terms that will enable the defendants attend court during trial.

    Ruling, Justice Hussein Baba-Yusuf granted them bail at N25m, with a surety each, who must be a Deputy Director in any Federal Government ministry or agency

    The judge also directed that the sureties must own land within the FCT, while the defendants are to deposit their international passports with the court’ Registry.

    He adjourned to June 28 and 29 for the commencement of trial.

    The five counts read;

    *That you Dr. Mounir Haliru Gwarzo (m) sometime in June 2015 or thereabout, at Abuia, Federal Capital Territory, while being a public officer, used your position as the Director-General of the Security and Exchange Commission (SEC) to confer corrupt advantage upon yourself when you received the sum of N104, 851,154.94 (one hundred and four million, eight hundred and fifty one thousand, one hundred and fifty four naira, ninety four kobo) as severance benefit whereas you were yet to retire, resign or disengage from the service of SEC and you thereby committed an offence contrary to and punishable under section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

    *That you Dr Mounir Haliru Gwarzo,(m) between May 2015 and June 2015 or ‘ thereabout, during the period of your appointment as the Director-General of the Security and Exchange Commission (SEC), being entrusted with the management of the SEC did commit criminal breach of trust to wit: dishonestly misappropriating the sum of N104, 851,154.94 (one hundred and four million, eight hundred and fifty one thousand, one hundred and fifty four naira ninety fear Kobe) as your severance benefit when you are yet to retire, resign or disengage from the service of SEC and you thereby committed an offence contrary to Section 311 and punishable under section 312 of the Penal Code Act, Cap 532 Volume 4 Laws of the Federal Capital Territory Abuja, 2007.

    *That you Dr Mounir Haliru Gwarzo (m) sometime in June 2015 or thereabout, at Abuia Federal Capital Territory, while being a public officer used your position as the Director-General of the Security and Exchange Commission (SEC) to confer corrupt advantage upon yourself when you received the sum of N10,983,488.88( ten million, nine hundred and eighty three thousand, four hundred and eighty eight naira, eighty-eight kobo) in excess of car grant payable to you and you thereby committed an offence contrary to and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000

    *That you Zakawanu Garuba (m) on or about June, 2015 while being a public officer used your position as a Commissioner in the Security and Exchange Commission (SEC) to confer corrupt advantage on another public officer to wit: approving the sum of N104, 851,154.94 (one hundred and four Million, eight hundred and fifty one thousand, one hundred and fifty four naira ninety four kobo) as severance benefit to the then Director-General of SEC, Dr Mounir Haliru Gwarzo when he was yet to retire, resign or disengage from the service of SEC, and you thereby committed an offence contrary to and punishable under section , 19 Corrupt Practices and Other Related Offences Act, 2000

    *That you Zakawanu Garuba (m) on or about June, 2015 while being a public officer used your position as a Commissioner in the Security and Exchange Commission (SEC) to confer corrupt advantage upon another public officer to wit: approving the Sum of N10,983,488.88 (ten million, nine hundred and eighty three thousand, four hundred and eighty-eight naira, eighty-eight kobo) in excess of car grant payable to the then Director General of SEC; Dr Mounir Haliru Gwarzo and you thereby committed an offence contrary to section 19 of the Corrupt Practices and Other Related Offences Act 2000.

     

     

  • Updated: NJC sacks suspended Abia Chief Judge Uzokwe, one other

    *Set up committees to Supreme Court Justice, 2 state Chief Judges

    *Issues warning to Justice Aladetoyinbo, Williams

    *Dismisses petitions against 31 judges

    *Appoints 60 judges for 24 states

     

    The National Judicial Council (NJC) has recommended to Governor Okezie Ikpeazu of Abia State the compulsory retirement of the state’s suspended Chief Judge, Justice Theresa Uzokwe and Justice Obisike Oji, who was picked in her place.

    This formed part of the decisions taken at the NJC’s 85th meeting held on March 14.

    The NJC had earlier suspended Justice Uzokwe, and issued a query to Justice Oji (of of Abia State High Court) for allowing himself to be sworn-in as Acting Chief Judge when the Abia State House of Assembly purportedly sacked Justice Uzokwe.

    According to the NJC, Justices Uzokwe and Oji were found guilty of misconduct.

    NJC’s Director, Information, Soji Oye, said in a statement that the council also set up committees to Supreme Court Justice, 2 state Chief Judges.

    The statement was silent on the identity of the judicial officers involved.

    The NJC issued warning to Justice S. E. Aladetoyinbo (of the High Court of the Federal Capital Territory (FCT) and Justice Olusola Ajibike Williams of the Lagos State High Court.

    It referred a petition against Justice Mwada Balami of the FCT High Court to the Police to investigate the allegation of N5, 000,000 (Five Million Naira) bribe to the Judge for granting bail to an accused person.

    The NJC dismissed petitions against 31 judges for being without substance and approved the appointment of 60 judges for 24 states.

    In relation to Justice Uzokwe, the NJC said she was recommended for compulsory retirement following the findings of two investigative committees set up to examine the petitions against her by Abia State’s  Attorney-General/Commissioner for Justice,  Umeh Kalu (SAN).

    NJC said Kalu, in the petitions, accused Uzokwe of  illegal constitution and working with a parallel Judicial Service Commission (JSC) instead of the one constituted by the State Governor and confirmed by the House of Assembly.

    It added: “Hon. Mr Justice Uzokwe was also found to have misconducted himself in Suit No. HU/131/2005, wherein he delivered judgement in the sum of N825, 000 (eight hundred and twenty-five thousand naira) only in favour of a litigant, but subsequently signed a garnishee order of N109, 612, 500 (one hundred and nine million, six hundred and twelve thousand, five hundred naira) only.”

    As it relates to Justice Oji, the NJC noted that it had earlier queried him “for allowing himself to be sworn-in as acting Chief Judge, and thereby colluding in, and aiding an unconstitutional process.

    “His (Justice Oji’s) reply was unsatisfactory and the Council recommended his compulsory retirement.

    “The NJC reprimanded, seriously warned and placed on the Watch List Hon Justice S. E. Aladetoyinbo of the FCT High Court for impropriety in a case between U.L.O. Consultants Ltd v BIL Construction Nigeria Ltd, sequel to a petition by one Uche Luke Okpuno.

    “Council would have sanctioned the judge more severely, but had to take into account the fact that aspects of the case are appealable.

    “Council also seriously warned Hon Justice Olusola Ajibike Williams of the Lagos State High Court for grave errors of judgment in her level of involvement in a family business. “Council found that the judge, as a judicial officer, should have been more circumspect and conscious of her office.

    “Council’s sanction was as a result of a petition by Chief Ladi Rotimi-Williams, SAN.

    “Council at the meeting also considered various petitions written against thirty-one (31) judicial officers and resolved to empanel three investigative committees against one Justice of Supreme Court and two state Chief Judges.

    “Petitions against various Justices were dismissed either for lack of merit, lack of evidence of misconduct, being sub judice or that the subject of such petitions were matters for appeal.”

    The dismissed petitions were those written against Justices Abdu Aboki, Theresa Abadua and Ahmed Belgore (all of the Court of Appeal); Justices J. T. Tsoho, Ayo Emmanuel, Sabiu Yahusa, Zainab B. Abubakar and B. O. Quadri (of the Federal High Court).

    Others are Justices A. N. Ubaka and B. B. Kanyip (of the National Industrial Court); Justices Bello Kawu, S. C. Orji, A. N. Talba (of the FCT High Court); Justice K. C. Nwankpa (High Court Abia State); Justice D. A. Onyefulu (High Court Anambra State); Justice W. I. A. Effiong (High Court Akwa-Ibom State), and Justice A. M. Ikpambese (High Court Benue State).

    Equally affected are Justice G. E. Gbemre (High Court Delta State); Justice A. O. Onovo (High Court Enugu State); Justice Idi Apollos (High Court Gombe State); Justice G. O. Ogunsanya (High Court Ogun State); Justice A. B. Abdulkarim, (High Court Osun State); Justice K. A. Ojiako (High Court Imo State); Justices A. M. Lawal;  L. A. Okunnu and L. B. Lawal Akapo (all of High Court  Lagos State).

    The statement also said the NJC “decided to advise Hon. Mr. Justice J. E. Ikede of Delta State High Court and Hon. Mr. Justice Yusuf Halilu of FCT High Court to be more careful in the course of their judicial duties.

    “Council decided to refer a petition by Prince Adesina Okuneye against Hon. Mr. Justice Mwada Balami of the FCT High Court to the Police to investigate the allegation of N5, 000,000 (five million naira) bribe to the judge for granting bail to an accused person.

    “Council decided that the petition should be put in abeyance until the outcome of the investigation by the Police.

    “Council at the meeting also recommended 60 judicial officers to Governors of twenty-four (24) for appointment as High Court Judges, Sharia Court Kadis and Customary Court of Appeal Judges.”

  • Corruption allegations: IGP wants court to stop his investigation

    Corruption allegations: IGP wants court to stop his investigation

    The Inspector General of Police (IGP), Ibrahim Idris has initiated move to block his planned investigation by the Senate in relation to allegations of corruption and unethical conduct leveled against by Senator Isa Misau.

    He has filed a suit before the High Court of the Federal Capital Territory (FCT) to that effect. He listed the Senate and its President, Bukola Saraki as respondents in the suit.

    The IGP, the fundamental rights enforcement suit, seeks among others, an order restraining the committee, set up by the senate for the investigation of allegations against him, from hearing or taking a decision.

    Idris also wants the court to restrain the Senate President and the entire Senate from receiving and discussing any report submitted to it by the committee set up to investigate the allegations against him.

    The IGP stated, in a supporting affidavit, that one Senator Isa Misau, while raising matter of urgent national importance between September and October, 2017 accused him of mounting road blocks across Nigeria with the purpose of extorting money from unsuspecting motorists.

    He added that the said Senator, in the motion, also accused him of collecting illegal fees by way of security protections given to corporate organisations, eminent citizens and oil companies running into billions of naira.

    Idris claimed that Misau accused him of having “unwholesome relationship with female officers in the force.”

    The IGP stated that, “Without the 1st respondent having regard to the relevant constitutional requirements in respect of the 2nd respondent’s role in investigations of allegations, he (Saraki), in reaction to these frivolous allegations, quickly constituted a committee consisting of members of the 2nd respondent to look into the matter.”

  • Anambra guber election: Court refuses to hear motion seeking to stop Nwoye

    Anambra guber election: Court refuses to hear motion seeking to stop Nwoye

    …Reps member urges court to dismiss suit for lacking in jurisdiction

     

    Move to stop Tony Nwoye from participating in the primary of the All Progressives Congress (APC) ahead of the Anambra governorship election failed Wednesday as the sitting vacation judge of the High Court of the Federal Capital Territory (FCT), Justice Yusuf Halilu declined to hear a motion ex-parte filed to that effect.

    The motion ex-parte filed by Okechukwu Ogbonnaya, contained seven prayers, particularly prayer 6, for an order of interim injunction restraining the APC from “from clearing the 1st defendant (Nwoye) to contest or stand for its primary elections for the purposes of selecting the party’s governorship candidate for the forthcoming Anambra State governorship election pending the determination of the motion on notice.

    Although the case was listed in the court’s cause list for yesterday, the judge declined   to hear the applicant’s lawyer, who had sought the hearing of the ex-parte motion on grounds of urgency. The judge said there was no urgency to warrant the hearing of the motion.

    Ogbonnaya listed as defendants, in the suit, Nwoye, Chief    Arthur Eze, Atlas Petroleum International ltd, Oranto Petroleum Ltd, Fidelity Bank Plc, APC and Economic and Financial Crimes Commission (EFCC).  He is challenging, among others, the propriety of the alleged donations by Eze and others, to Nwoye’s governorship ambition.

    Nwoye has however challenged the court’s jurisdiction to hear the suit, arguing that the subject matter of the suit relates to Anambra governorship election, on which a court in Abuja cannot hear. He asked the court to strike out the case.

    Alternatively, he asked the court to order the plaintiff to put the defendants “on notice of prayers 3, 4, 5, and 7 in the motion ex parte filed on 31st July, 2017 to enable the 1st defendant (Nwoye) to be heard on those prayers as those reliefs are targeted at stifling the exercise of the constitutional right of the 1st defendant to contest for the Anambra State governorship election.”

    In a supporting affidavit, a lawyer in Nwoye’s team, Obinna Onya said the suit has a direct bearing on the Anambra State Governorship election, which has been scheduled by the Independent National Electoral Commission to hold on 18th November, 2017 and the primary election of the 6th Defendant which by the prescription of the electoral body must be held not later than August, 2017.

    Onya stated that he was informed by the leader of the legal team, Tobechukwu Nweke that the plaintiff lacks the locus standi to institute the case and that the court lacked the jurisdiction to entertain adjudicate over a pre-primary issue before the conduct of a primary election

    In further attacking the competence of the suit, Onya stated that “The originating summons and the affidavit in support (filed by the plaintiff) failed to disclose any reasonable cause of action

    “This matter being one bordering on criminality was wrongly commenced by originating summons. This matter is a gross abuse of the process of this Court

    “Being that this motion challenges the jurisdiction of this Court, it is just to set the issues of jurisdiction down for hearing and determination before any other step is taken in this matter.

    “Being that prayers 3, 4, 5, 6 and 7 in the motion ex parte filed on 31st July, 2017 are targeted at stifling the exercise of the constitutional right of the 1st defendant to contest for the Anambra State Governorship election, it is only just and proper that the Defendants be put on notice of those prayers to enable the 1st defendant to be heard on those prayers,” he said.

  • Ubah’s diversion of N11b PMS meant to cause artificial scarcity – DSS

    Ubah’s diversion of N11b PMS meant to cause artificial scarcity – DSS

    …Says offence punishable by death

     

    The Department of State Services (DSS) said Tuesday that detained businessman, Ifeanyi Ubah was plotting to plunge the nation into economic and social crises by creating artificial scarcity of petroleum product with his alleged diversion of the over 80million litters stored in his facility.

    The DSS said the alleged diversion of the product by Ubah was not only stealing, but an attempt to cripple the nation’s economy (petroleum being the main source of the nation’s revenue), act punishable by death under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    A lawyer to the DSS, G. Agbadua said these while arguing a counter-affidavit filed by his client in opposition to an application by Ubah, seeking the vacation of an order granted to the DSS on May 10 for his detention for 14 days pending the completion of investigation.

    Ubah has been in DSS’ custody since his arrest earlier this month following complaint by the Nigerian National Petroleum Corporation (NNPC), alleging that the businessman diverted the over 80million litres kept in the tank farm of his company, Capital oil and Gas limited based in Lagos.

    The DSS said Ubah’s continued detention is based on the order granted by Justice Halilu Yusuf of the High Court of the federal Capital territory (FCT) in Jabi, an order which Ubah has applied to be set aside, arguing, among others, that the court was misled by the DSS, which allegedly surprised material facts from the court.

    Agbadua, in a written address he adopted yesterday, contended that, as against the argument by Ubah that the diversion was purely a civil case; his action was criminal and was allegedly intended to threaten the nation’s economy.

    While justifying the DSS’ involvement in the case, Agbadua argued that the alleged offence falls within such issues that the DSS could investigate. He said the act was not only punishable under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004, but also under Section 383 of the Criminal Code.

    Agbadua stressed, in his written statement, that: “The action of the respondent (Ubah) to sabotage the distribution of petroleum products is a capital offence under the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    “The act of the respondent was capable of plunging the country into chaos as a result of scarcity of product had the NNPC not taken a proactive step to forestall such situation. This clearly brings the action of the respondent under the provision of the Petroleum Product and Distribution (Anti-Sabotage) Act, 2004.

    “The punishment of sabotage under this Act attracts death penalty.  It is clear that the respondent was arrested for the conversion of the property of NNPC. It is not just an ordinary stealing, it is stealing of the lifeblood of the nation.

    “Oil is the major source of revenue of the Federal Government. Stealing of the revenue is a crime against the economic interest of Nigeria and therefore, falls within the purview of economic threat of national security dimension,” Agbadua said.

    He said the gravity of the alleged offence informed why a diligent investigation was required to ensure prompt prosecution of the respondent, a position which informed why the applicant (DSS) sought the permission of the court to detain him pending the conclusion of investigation.

    The DSS explained its involvement in the case in its counter-affidavit, in which it said that “the respondent was arrested on reasonable suspicion of his involvement in the commission of crime. He converted PMS belonging to the NNPC kept in the custody of his tank farm to his personal use.

    “The respondent refused to return the PMS to NNPC after repeated demands. The PMS is worth over N11billion. The action of the respondent is affecting the distribution of petroleum products to the populace.

    “The action of the respondent is sabotage of NNPC’s activities as it relates to distribution of petroleum products. If not for the urgent steps taken by the Federal Government, the action of the respondent would have plunged the country into widespread scarcity with its attendant effect on the economy.

    “Petroleum is the lifeblood of Nigerian economy. NNPC is a major stakeholder in the petroleum industry in Nigeria. An attack on the Nigerian economy is an economic threat of national security dimension. The Nigerian populace will suffer untold hardship if NNPC is unable to discharge its statutory responsibilities, including distribution of petroleum products as well as generating revenue for the country.

    “The action of the respondent, if not checked, is capable of undermining the NNPC in the discharge of its duties.  Investigation into the activities of the respondent Is yet to be completed. A premature released of the respondent will adversely impact on the investigation, which is nearing completion.”

    Arguing Ubah’s application earlier, his lawyer, Mrs. Ifeoma Esom prayed the court to either set aside its order of May 10 or order her client’s release because his continued detention was unjustified.

    She argued that the issue on which he was being held was purely civil and contractual, and in respect of which provisions have been made for penalty in the case of default.

    Mrs Esom stated that Capital Oil and Gas has been one of the largest “throughput provider” for the NNPC   for a long time and that providers of such services are allowed to either convert or divert products kept with it as long as it can re-deliver the product within seven days or to pay penalty for non-redelivery.

    “The failure to re-deliver is expressly stated by the contract to be a mere breach of contract, remediable by the payment of penalty to the owner.

    “There can therefore be no issue of crime in conversion of products under a throughput contract (regardless of the ordinary connotations of those words,” Mrs. Esom said.

    After listening to the lawyers, Justice Yusuf adjourned to May 25 for ruling.

     

  • Court to decide Ifeanyi Ubah’s release Thursday

    Court to decide Ifeanyi Ubah’s release Thursday

    A High Court of the Federal Capital Territory (FCT) in Jabi will rule Thursday on the application by businessman, Ifeanyi Ubah seeking the vacation of its earlier order granting the Department of State Services (DSS) permission to detain him.

    Justice Haliru Yusuf gave the date while adjourning proceedings in the case earlier today after listening to lawyers representing parties argued for and against the application.

    Ubah, who was arrested by the DSS, is being detained by the agency upon an order for detention for 14 days (in the first instance) granted it on May 10 this year, by the court.

    The businessman is being detained over allegation of his involvement in acts amounting to economic sabotage by purportedly diverting petroleum motor spirit (PMS) stored in his tank farm by the Nigerian National Petroleum Corporation (NNPC), estimated at over N11billion.

    Details later…

  • Prosecution alleges threat to witnesses in Justice Ademola’s trial 

    The planned continuation of trial in the case involving Justice Adeniyi Ademola of the Federal High Court and two others was stalled Monday owing to the inability of the prosecution to present its next witness.

    Prosecution lawyer, Segun Jegede sought an adjournment Monday when he was asked by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja to call his next witness.

    Jegede said his next witness, Dr. Shaibu Teidi was absent in court because he narrowing escaped being assassinated by some armed individuals, who invaded his home in the early hours of Monday.

    Jegede said Teidi, a former Director, Pension Accounts Office of the Head of Civil Service of the Federation, has been taken into hiding by security agents.

    Teidi, who is being tried by the state over his alleged involvement in pension fund scam, is to testify, along with his wife, Fatimah in support of the prosecution’s allegation that Justice Ademola demanded N25m bribe from him (Teidi) while he was standing trial before the judge.

    Monday, Jegede started by saying that an “unfortunate and dangerous dimension” has been introduced to the case.

    Jegede said at about 2am on Monday, about eight armed men scaled the fence to Teidi’s house in Abuja and attempted to kill him

    The prosecution lawyer said: “A call was made to the police station that some men, about eight of them, armed, had scaled the fence of his residence, and entered his home, where they met the children and in the process.

    “In a nutshell they said it was their father they wanted, meaning him, Dr. Teidi,” Jegede said

    He added that Teidi was only able to escape being killed when he managed to escape and called a friend, who reported the case to the Commissioner of Police of the FCT.

    “Dr. Teidi then called a friend, who reported the matter to the police after which the Commissioner of Police sent his men to the residence of Dr. Teidi and took him to the police station.

    “As we speak, the police have taken him back to where he is in hiding,” Jegede said.

    He was about narrating another incident, relating to how  Teidi had told him three days earlier, that he (Teidi) received a call from someone, who purportedly tried to “broker a talk” between him and Justice Ademola, when the judge’s lawyer, Onyechi Ikpeazu (SAN) interrupted him.

    Ikpeazu was of the view that such issue should never be allowed to be discussed in the open court without first, being bought to the attention of the lawyers on the opposing side or the judge in private.

    Jegede, who however, insisted on his request for an adjournment, contended that there was no law barring him from making such disclosure in the open court, particularly when Monday was the only time parties were in court after the incidents he was reporting.

    The defence team, comprising, Ikpeazu, Robert Clarke (SAN) and Jeph Njikonye objected to Jegede’s request for adjournment.

    They argued that the application for adjournment was baseless and that it reflected unseriousness on the part of the prosecution to proceed with its case.

    The defence lawyers urged the court to order the prosecution to call its other witnesses, failing which it should strike out the charge.

    Ruling, Justice Okeke expressed displeasure over the prosecution’s inability to proceed with its trail.

    He noted that the prosecution, by requesting an adjournment, has rubbished the purpose for which the court adjourned other 11 case in its cause list to make time for the case.

    Justice Okeke upheld the defence’s argument could call four other of is witnesses, but failed to do so.

    He said the delay by the prosecution was unacceptable, because the duties of the defendants – Justice Ademola, as a serving judge; his wife, Olabowale, as Head of Service of Lagos State, and Joe Agi, as a Senior Advocate of Nigeria – have been held in abeyance with the pendency of the case.

    The judge noted that it was the third time since the commencement of the trial that the prosecution was asking for adjournment.

    Justice Okeke added: “The court will indulge the prosecution one more time.” he urged the prosecution to avoid any further delays, failing which “the court will be constrained to do the needful.”

    The judge rdered the Inspector-General of Police (IGP),  Mohammed Idris, to provide protection for all prosecution  witnesses as well as defence witnesses and the defendants in the case “if need be”.

    In an earlier ruling, Justice Okeke allowed the prosecution to amend its proof of evidence by filing a summary of the evidence to be given by one of its witnesses, Malik Olatunde, an employee of the Guaranty Trust Bank Plc.

    The defence had, at the last proceedings, objected to the choice of Olatunde as a prosecution witness on the ground that his written statement was not included in the proof of evidence served on it.

    Justice Ademola, his wife and Agi are being tried by the office of the Attorney General of the Federation on charges of corruption and illegal possession of firearms.

    Hearing in the case resumes Tuesday.