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Tag: High Court of the federal Capital Territory

  • Breaking: Court voids Adeleke’s participation in Osun gov poll

    A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja has voided the participation of Senator Ademola Adeleke of the People’s Democratic Party (PDP) in the last governorship election in Osun State.

    Justice Othman Musa, in a judgment on Tuesday,  annulled Adeleke’s nomination as candidate of the PDP on the grounds that Adeleke offended section 177 of the 1999 constitution as amended.

    “The section states that candidates for the position of governor must be educated up to secondary school level.

    Justice Musa said while the court’s findings showed that Adeleke entered secondary school in 1976, there was no record showing that he (Adeleke) actually graduated.

    The judge said Adeleke’s name was no longer seen in the school’s register from 1980.

    The judgment was on a suit filed by two members of the All Progressives Congress (APC), Wahab Raheem and Adam Habeeb.

    Read also: Osun tribunal judgment: PDP supporters celebrate Adeleke’s victory

    While plaintiff’s lawyer, Bankole Akomolafe hailed the court’s decision, lawyer to Adeleke, Nathaniel Oke (SAN) faulted the judgement.

    Oke said his client qualified for the election and met the relevant constitutional requirement, having been educated to secondary school level.

    He said a High Court in Osun State had, in an earlier judgment, confirmed that Adeleke was qualified, having attended a secondary school.

    “I asked the judge to make the certified true copy of the judgment available to us on time, because we are appealing the judgment,” Oke said.

    Details shortly…

  • Ex-SGF Lawal, brother, others get N50m bail

    FORMER Secretary to the Government of the Federation (SGF) Babachir Lawal, his brother Hamidu Lawal and two others got bail at N50 million each yesterday before the High Court of the Federal Capital Territory (FCT) in Maitama, Abuja

    The ex-SGF, his brother, Suleiman Abubakar and Apeh Monday, including two firms – Rholavision Engineering Ltd and Josmon Technologies Ltd – were arraigned before Justice Jude Okeke on Tuesday on a 10-count charge of fraud.

    In a ruling yesterday, Justice Okeke granted them bail for N50 million, with one surety each in like sum.

    The judge said the surety must be resident within the court’s jurisdiction and must be a holder of landed properties within the jurisdiction of the court, with evidence of tax payments for the past three years.

    Justice Okeke added that the surety must deposit his international passports with the court.

    The judge, in granting them bail, noted: “The prosecution did not provide sufficient evidence in line with Section 162 of the Administration of Criminal Justice Act 2015 not to grant bail.

    “The court can grant bail except in situations where the defendants are likely to jump bail, interfere with investigation or attempt to conceal evidence.

    “The ACJA 2015 has made peculiar and extensive provisions regarding bail, and the court is guided by the provision, which states that a defendant shall be entitled to bail.

    “The prosecution has the right to object to the bail, but the bail application succeeds.”

    He ordered the defendants to remain in EFCC custody pending the fulfilment of their bail conditions.

    The judge adjourned to March 18, this year, for the beginning of trial.

    The alleged fraud committed by the defendants was said to be in relation to contracts awarded by the Presidential Initiative for North East (PINE) for the removal of grasses in Internally Displaced Persons (IDP) camps.

  • Alleged N544m fraud: Court remands ex-SGF Lawal, others

    A HIGH Court of the Federal Capital Territory (FCT) in Maitama, Abuja yesterday ordered that former Secretary to the Government of the Federation Babachir Lawal and three others be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) pending its ruling on his bail application today.

    The court gave the order after Lawal, his brother, Hamidu David Lawal, Sulaiman Abubakar and Apeh John Monday and two companies – Rholavision Engineering Ltd and Josmon Technologies Limited – were arraigned on a 10-count charge brought against them by the EFCC, and in which they were accused of involvement in N272 million contract fraud.

    The alleged fraud was said to be in relation to contracts awarded by the Presidential Initiative for North East (PINE) for the removal of grasses in Internally Displaced Persons (IDP) camps, which the ex-SGF allegedly diverted to the companies in which he has interest.

    The defendants pleaded not guilty when the charge was read to them, following which the prosecuting lawyer, M.S. Abubakar, asked for the “shortest date” for the beginning of trial.

    At that point, lawyer to Lawal, Akin Olujinmi (SAN),  informed the court about his client’s pending bail application.

    He said: “In anticipation of arraignment, the defence filed application dated February 7, 2019, seeking the order of the court to grant bail on liberal terms

    “He never jumped bail since April 13, 2018, when he was released by the EFCC on administrative bail, and has been reporting to the EFCC based on the conditions given to him.

    “He never breached his bail conditions, even when he was given his international passport to travel for medical check-up.

    “The defendant will not run away and has no way of jeopardising investigation since it has been concluded.

    “I, therefore, urge your lordship to grant him bail on self-recognisance or on liberal terms,” Olujinmi said.

    Lawyer to the second defendant, Sunday Ameh (SAN), also prayed the court to admit his client to bail on liberal terms, pending the determination of the case.

    Napoleon Idenala and Ocholi Okutepa, who represented  the third and fourth defendants, equally urged the court to exercise its discretion in their clients’ favour and grant them bail on liberal terms.

    In his response, Abubakar urged Justice Jude Okeke to refuse the bail applications and order that the matter proceed without delay in the spirit of Section 19(2)(b) of the EFCC Establishment Act 2004 and Section 397 of the Administration of Criminal Justice Act 2015.

    After entertaining arguments from parties, Justice Okeke fixed ruling for today and ordered that the defendants be remanded in EFCC’s  custody.

     

  • Assassination attempt: Dino Melaye arraigned, granted bail

    Assassination attempt: Dino Melaye arraigned, granted bail

    Kogi West Senator, Dino Melaye was Thursday arraigned before the High Court of the Federal Capital Territory in Abuja on two counts of giving false information about an assassination attempt on his life to the Police in April 2017.

    Melaye, who was arraigned by the Federal government was later granted bail with N100,000.

    Melaye was accused of falsely incriminating the Chief of Staff to Governor Yahaya Bello of Kogi State, Mr. Edward Onoja David, in the said assassination attempt.

    Read Also: FG charges Melaye for false information

     

  • Woman arraigned for pouring step-son hot water

    Woman arraigned for pouring step-son hot water

    An Abuja woman, Khadija Yahaya has been arraigned by National Agency for the Prohibition of Trafficking in Persons (NAPTIP) for pouring hot water on her step-son.

    Yahaya who allegedly dipped the two hands of her two years old step-son Abubakar Yahaya into boiling water was slammed with a two count charge and arraigned before a High Court of the Federal Capital Territory sitting in Bwari, Abuja presided over by Justice A. O. Musa.

    In a statement by Adekoye Vincent, for Head, Press and Public Relations Unit NAPTIP, he stated.

    “National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has arraigned the controversial 30 year-old housewife, Khadija Yahaya for allegedly dipping two hands of a 2-year old boy, Abubakar Yahaya into boiling water thereby causing him serious harm. The victim is her step son.

    “The accused was slammed with a two – count charge and arraigned before a High Court of the Federal Capital Territory sitting in Bwari, Abuja presided over by Justice A. O. Musa.

    “It would be recalled that NAPTIP had arrested the woman said to be the second wife of the husband, Mr. Yahaya following a tip off from concerned Nigerians.

    “The charges read “That you Khadijat Yahaya (F) 30 years old of Block industry, opposite ECWA Church, Chukuku, Kuje Area Council , Abuja on or about the 12th of December, 2017, at Block Industry Opposite ECWA Church, Chukuku, Kuje Area Council, Abuja, within the jurisdiction of this Hounourable Court, used harmful liquid to wit boiling water (Hot) water on Abubakar Yahaya ‘m’ 2 years old of Block Industry, Opposite ECWA Church, Chukuku, Kuje Area Council Abuja by dipping his two hands and thereby committed an offence punishable under section 21 (1) of the Violence Against Persons Act 2015”

    “That you Khadijat Yahaya (F) 30 years old, of Block Industry, Opposite ECWA Church, Chukuku, Kuje Area Council, Abuja, on or about 12thDecember, 2017, at Block Industry, Opposite ECWA Church, Chukuku, Kuje Area Council, Abuja, within the jurisdiction of this Honourable Court, willful inflicted physical injury on Abubakar Yahaya ‘m’ 2 years old of Block Industry, Opposite ECWA Church, Chukuku, Kuje Area Council, Abuja by dipping his two hands inside boiling water which caused full thickness burn on his two hands and thereby committed an offence punishable under section 2(1) of the Violence Against Persons Act 2015”

    “The accused pleaded not guilty to the charges and was subsequently granted bail in surety of N500, 000 (Five Hundred Thousand Naira).”

  • Gadzama asks court to order fresh NBA election

    Gadzama asks court to order fresh NBA election

    A Senior Advocate of Nigeria, Chief Joe-Kyari Gadzama, has asked the High Court of The Federal Capital Territory, Abuja, to order a fresh election for officers of the Nigerian Bar Association (NBA).

    He is praying for an order directing the General Council of the Bar to set up a newly constituted Electoral Committee of the NBA which will issue guidelines and conduct a fresh national officers’ election in line with the 2015 NBA Constitution.

    Gadzama is seeking a declaration that the integrity of the election held on July 30 and 31 was “fundamentally and incurably compromised by undue influence, over bearing and bias conduct”.

    Defendants are NBA trustees, Including Abdullahi Ibrahim (San), Chief Wole Olanipekun (San), Thompson Joseph Onomigho Okpoko (San), Chief Priscilla Kuye, Alhaji Murtala Aminu And Chief Anthony O. Mogbo.

    Others are the Incorporated Trustees of NBA, Chairman, NBA Electoral Committee Mr. Ken Mozia (SAN), NBA president Mr. Augustine Alegeh (SAN) and Mr. Abubakar Mahmoud (SAN), who won the election.

    Gadzama is praying the court to hold that the election was in total violation and disregard of the mandatory provision of the NBA Constitution and thereby made the process null and void and of no effect whatsoever.

    He sought a declaration that the internet voting system adopted for the election was not in conformity with the mandatory provisions of the NBA Constitution in that all the pre-requisite preparations, obligations and duties provided to guarantee free, fair, credible and transparent electronic voting system were ignored, disregarded and not complied with by the defendants.

    Gadzama  is praying the court to order that the 2016 NBA Presidential election be held through electronic voting in all branches of the NBA and that results should be collated at branch level and transmitted to the electoral committee’s secretariat.

    Among lawyers who will represent the plaintiff, as listed in the processes, are Chief Emeka Ngige (SAN), Chief Bolaji Ayorinde (SAN), Pius Akubo (SAN), Duro Adeyele (SAN), Mr. Sebastine T. Hon (SAN), Prof. Andrew Chukwuemerie (SAN), Mr KunleOgunba (SAN ), Garba Pwul (SAN), Aliyu Umar (SAN), among others.

    Mahmoud, a former Kano State Attorney-General and Commissioner for Justice, polled 3,055 votes in the election to beat Gadzama, who scored 2,384 votes out.

    Mahmoud is expected to be sworn in during the association’s annual general conference to be held in Port Harcourt next week.

     

  • Dasuki’s ex-aide challenges detention by EFCC, Army

    Dasuki’s ex-aide challenges detention by EFCC, Army

    Colonel Nicholas Ashinze, a serving officer in the Nigerian Army and former Special Assistant to ex-National Security Adviser (NSA) Col Sambo Dasuki (rtd) has sued the Economic and Financial Crimes (EFCC) and the Nigerian Army ‎over his continued incarceration.

    Ashinze, in a fundamental rights enforcement suit filed by his lawyer, Mike Ozekhome (SAN), is challenging his detention for about 12 weeks without any charge preferred against him.

    The suit filed before the High Court of the Federal Capital Territory (FCT) also has the Chief of Army Staff, Lt. Gen. Tukur Buratai as respondent.

    Ashinze is praying the court to order EFCC and the Nigerian Army to release forthwith, his personal effects, documents and properties which were illegally, wrongfully and unlawfully seized from him without any warrant, during his arrest and continued detention since December 23, last year.

    Alternatively, he urged the court to issue an order granting him bail on self recognisance or in the most liberal terms as well as an order directing the respondents to tender a public apology and pay him adequate compensation for the blatant violation of his fundamental rights without following due process.

    Ashinze also wants the court to restrain the anti-graft agency and the Nigerian Army from further inviting, arresting or detaining him in their custody in relation to same frivolous allegations, which he knows nothing about.

  • Court orders release of Jonathan’s ex-ADC

    Court orders release of Jonathan’s ex-ADC

    Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT) in Jabi, Abuja, has ordered the immediate release of former Aide de Camp (ADC) to ex-President Goodluck Jonathan, Col. Ojogbane Adegbe.

    The judge, in a ruling Tuesday, slammed the Economic and Financial Crimes Commission (EFCC) for detaining Adegbe for about 20 days without either charging him to court or granting him administrative bail.

    The judge, in reaction EFCC’s claim that Adegbe was being held on the directive of the Nigerian Army, wondered if the EFCC was an appendage of the Nigerian Army.

    The judge, whose ruling was on Adegbe’s fundamental rights enforcement application, ordered the EFCC to release the applicant on liberal terms.

    The judge refused the applicant’s ‎prayer for N100m compensation for unlawful detention and his demand for written apology.

    Declaring as unconstitutional and illegal the detention of the applicant since February 11 without filing charges against him.

    The judge also reprimanded the anti-graft agency for “reducing itself to the police station or detention centre of the Nigerian Army”.

    The judge noted that the EFCC took contradictory ‎positions by claiming that it was investigating alleged arms procurement fraud for which Adegbe was arrested and in another breath claimed to be holding the plaintiff on the instruction of the Army.

    “While the respondent (EFCC) is dancing makossa in one ‎side, it is singing another song on the other side,” he said.

    The judge however said he was unable to direct the EFCC to pay damages to the applicant or tender apology to him, since he remained in the service of the Army and the anti-graft agency was equally a government agency.

    “On the whole, the respondent is ordered to grant bail to the applicant in liberal terms,” the judge ruled.

    Adegbe has been in EFCC custody since February 11 in relation to investigation into alleged fraud in the procurement of arms for the armed forces.

    He sued, contesting his continued detention without trial.

    The EFCC had justified the detention, arguing that it was the Nigerian Army that brought him to the office of the respondent, in furtherance of their investigation into detected financial crimes committed in the arms procurement involving the applicant.

    EFCC’s lawyer, Francis Jirbo stated in a counter-affidavit, that contrary to Adegbe’s claim, he (the applicant) was not invited by the Nigerian Army at the instigation of the EFCC.

    “That contrary to the depositions contained in paragraph 12 of the affidavit in support of the applicant’s application, the respondent states that the applicant is in custody at the instance of his employee, the Nigerian Army.”

    Jirbo added that the directive to investigate Adegbe followed the activities of the committee set up by the Federal Government in October 2015.

     

     

  • N13.9 arms deal: FG accuses Dasuki of plotting to scuttle trial

    N13.9 arms deal: FG accuses Dasuki of plotting to scuttle trial

    • Court to rule Feb 8

    The Federal Government Thursday accused former National Security Adviser (NSA), Mohammed Sambo Dasuki of plotting to scuttle his trial before a High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    Dasuki is being tried with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two  companies – Acacia Holdings Limited and Reliance Referral Hospital Limited  – on a 19-count charge  bordering on money laundering and criminal breach of trust.

    The accusation is contained in a counter-affidavit filed by the prosecution against an application filed by Dasuki.

    The ex-NSA is, in an application he filed last month, accused the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) and by extension, the Federal Government, of breaching his right to prepare for his defence by re-arresting him after the court granted him bail on December 18 last years.

    He urged the court to among others, restrain the prosecution from proceeding with the trial or quash all the charges against him on the ground that the prosecution could no longer proceed with the case having allegedly flouted the court’s order granting him bail.

    Arguing the prosecution’s counter -affidavit Thursday, prosecution lawyer, Rotimi Jacobs (SAN) contended that the application was misconceived and an attempt to frustrate proceedings in the case.

    He faulted Dasuki’s claim that the prosecution has flouted the court’s order.

    He noted that Dasuki, in an affidavit supporting his application, admitted that he was released from Kuje Prison after he met the bail condition.

    Jacobs argued that having admitted that he was released from prison based on the bail granted him, Dasuki could not now turn around to accuse the prosecution of disobeying the court’s order granting him bail.

    The prosecution lawyer noted that Dasuki was re-arrested by the Department of State Services (DSS) in respect of separate allegations of criminality.

    He argued that it was wrong for Dasuki to seek to hold EFCC for contempt on account of actions taken by the DSS. It was his position that Dasuki ought to initiate fundamental rights enforcement proceedings, under Section 46 of the Constitution, if he was convinced that the re-arrest amounted to a violation of his rights.

    Jacobs noted that the order for bail made by the court on December 18 last year did not restrain other security agencies from further arresting him in relation to separate offences.

    “It is the EFCC that is prosecuting this case. The DSS has a separate case against him before the Federal High Court. If he has anything against DSS for re-arresting him, he should go before the FHC.

    “This application is intended to delay the trial here. The application is an abuse of court process.

    “They admitted in their affidavit that he was released from Kuje prison. By their admission, the order was obeyed. There is no other of this court that has been breached as they alleged.

    “That order granting bail to the applicant (Dasuki) did not confer immunity on him against further arrest,” Jacobs said.

    He urged the court to reject Dasuki’s application on the ground that it was without merit and only intended to delay trial.

    Earlier, while arguing the application, Dasuki’s lawyer, Joseph Daudu (SAN) argued that the re-arrest of his client by DSS was a violation of his client’s right to fair trial and the right to prepare for his defence.

    “The 1st defendant (Dasuki) was granted bail on December 18, 2015 he perfected the bail, but shortly afterwards, the complainant (EFCC) took him (Dasuki) into custody again.

    “We have shown how his denial of freedom has denied him the ability to prepare for his defence. And it is a breach of his right to fair trial.

    “His liberty was breached despite the order of the court. It is our argument that a party in breach of court order cannot seek the court’s indulgence, including seeking to continue with the prosecution of the defendant,” Daudu said.

    He faulted Jacob’s attempt to distinguish between EFCC and DSS, arguing that they were both agents of the Executive, who were allegedly carrying out a purported instruction of the President to keep Dasuki in custody at all cost.

    Jacobs also queried the legitimacy of the powers of the EFCC, DSS and other agencies of the Federal Government to prosecute, arguing that it was only the Nigeria Police Force, under Section 204 of the Constitution that has such prosecutorial power.

    Daudu said his client’s application is intended to compel the prosecution, who is an agent of the Federal Government, to comply with an existing order of the court.

    “The prosecution of all cases should be grounded to compel the Executive to obey court’s orders. It is high time the court asserts itself by insisting that its orders are complied with,” Daudu said.

    He urged the court to grant his client’s application.

    The trial judge, Justice Hussein Baba-Yusuf refused oral applications by other defence lawyers – Akin Olujinmi, Solomon Umoh, A. I. Layonu and Olajide Ayodele (all Senior Advocates of Nigeria) – for an adjournment to enable them file written submission in support of Dasuki’s application.

    The judge held that parties were allowed ample time to file their processes in the case, but Olujinmi, Umoh, Layonu and Ayodeji failed to utilise the opportunity granted to all parytes.

    He upheld Jacobs’ argument that there was no cogent reason adduced by the four lawyers to warrant an adjournment.

    The judge adjourned to February 8 for ruling.

     

  • Armsgate: Late arrival of Dasuki stalls proceedings

    Armsgate: Late arrival of Dasuki stalls proceedings

    Proceedings were stalled Tuesday in the trial of former National Security Adviser (NSA), Mohammed Sambo Dasuki and others at the High Court of the federal Capital Territory (FCT), Abuja by the late production of Dasuki in court by the Department of State Services (DSS).

    Dasuki is being tried with a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Minister of State for Finance, Bashir Yuguda, a former Governor of Sokoto State, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment on a 22-count in which they were accused of looting about N13billion public funds.

    When the case was called Tuesday, the other defendants in the case were in court, except Dasuki. The judge also noted that other parties in the case were yet to respond to a fresh application by Dasuki, seeking to stop further proceedings in the case.

    Dasuki was later brought in by men of the DSS while the judge, Justice Peter Affen was in the process of adjourning the case.

    The judge proceeded to adjourn to February 9 to enable parties respond to Dasuki’s application.

    In his application, Dasuki wants the court to prohibit the Economic and Financial Crimes Commission  (EFCC) from prosecuting him on the ground that the EFCC could not continue with his trial have failed to earlier orders of the court made on December 21 last year, admitting him to bail.

    He filed a similar application in another charge pending against him and others before Justice Hussein Baba-Yusuf of the same FCT High Court.

    “An order prohibiting the complainant (prosecution) from further prosecuting the instant charge or any order charge against the second defendant (Dasuki), or seeking any form of indulgence before this honourable court in Nigeria, except and unless it complies with the order of this court made on December 21, 2015, the said order which remains valid for all intents and purposes, having not been set aside by any appellate court.

    “An order discharging the second defendant/applicant of all the offences contained in the instant charge, the said charge which cannot be lawfully prosecuted by the complainant who is in brazen disobedience of a subsisting ‎order of this honourable court made on December 21, 2015.”

    He also sought as alternative prayers, “A mandatory order directing the complainant who acts through the Department of State Services/EFCC and other enforcement agencies, to immediately produce the second defendant in court, by which this honourable court may give directives as it considers appropriate, for the administration of justice in accordance with the Administration of Criminal Justice Act, 2015.

    “An order staying further proceedings in this charge until the second defendant/applicant exhausts the remedies available to him him law for the enforcement of his right to liberty, the said right which had already been preserved by the order December 21, 2015.”