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Tag: High Court

  • Senate Invasion: Court restrains police, SSS from arresting Senator Omo-Agege 

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has ordered the police and the State Security Service (DSS) to desist from arresting Senator Ovie Omo-Agege (Delta Central) over Wednesday’s disruption of the Senate’s proceedings during which its mace was allegedly stolen.

    Justice Isahq Bello, who is the court’s Chief Judge, gave the order Thursday while ruling on an ex-parte motion by the Senator.

    Justice Bello said the order is to subsist pending the hearing and determination of the Omo Agege’s motion on notice seeking similar prayers as contained in the ex parte motion.

    Justice Bello, in his ruling, retrained the four respondents from arresting Omo-Agege pending the hearing of the senator’s motion on notice.

    The judge granted all the applicant’s prayers, which included:

    *An order of interim injunction restraining the respondents, their agents and/or servants arresting and/or detaining the applicant either in their custody of any other law enforcement agency, or its servants, agents or privies or through any person working in concert with the respondent as its agents, by whatever means or however described pending the hearing and determination of the motion on notice filed in this suit.

    *An order of interim injunction restraining the respondents, their representatives, agents or privies, howsoever described from any attempt or threat to violate the applicant’s fundamental right to personal liberty and right to freedom of movement pending the hearing and determination of the motion on notice filed in this suit.

    *An order of interim injunction restraining the respondents from taking any or further steps detrimental to the applicant’s aforementioned fundamental rights to the applicant’s rights in connection with the facts stated in this matter pending the hearing of the motion on notice filed in this suit.”

    Upon granting the Senator’s prayers, Justice Bello adjourned further proceedings to May 7 for the hearing of the motion on notice.

    The judge equally re-assigned the case to Court 30 which is being presided over by Justice Usman Musale in the Jabi Division of the FCT High Court, where subsequent proceedings would take place

    The main suit is marked: FCT/HC/CV/1522/2018 and the ex parte motion marked: M/5050/18.

    The Attorney-General of the Federation (AGF), Abubakar Malami (SAN); the Inspector-General of Police, Mr. Ibrahim Idris; the Commissioner of Police, FCT Command, Sadiq Bello, and the Director-General of SSS, Lawal Daura are listed as respondents.

    Read Also: Senate probes police invasion of National Assembly

  • Appeal court upturns Ekiti businessman’s One-year imprisonment

    The Court of Appeal in Ado-Ekiti has overturned a one-year imprisonment passed on a prominent businessman in Ado-Ekiti, Alhaji Azeez Apenpe, for allegedly giving false information to the Police.

    The Magistrate’s Court and the High Court had earlier convicted Apenpe of the charge preferred against him by the Police after he had reported a case of theft on his farm.

    The three-member appeal panel in a judgment deliveredon Thursday by Justice Ahmad Belgore set aside the verdicts of the two lower courts and resolved all issues in favour of the appellant (Apenpe).

    Describing the trial and conviction of the appellant by the lower courts as a nullity, the Appeal Court subsequently discharged and acquitted him.

    The 75-year-old Apenpe is a popular printer and politician.

    The appellant had reported one Sunday Akoe and his family members to the Police for allegedly stealing yams on his farms and destroying the farm in the process.

    Apenpe had in his statement of claim averred that the Police turned him (the complainant) to an accused person charging him to a Magistrate’s Court accusing him of giving false information.

    The Magistrate’s Court in arriving at its judgment held that the appellant’s statement written at the police station could not be found.

    He was subsequently sentenced to a one-year imprisonment and given the option of a N5,000 fine which he paid.

    Apenpe took the case to the High Court which also affirmed the one-year imprisonment sentence handed down by the Magistrate’s Court.

    Counsel to the appellant, Mr. Magnus Ejelonu, argued that the two lower courts lack jurisdiction to hear the case but the Federal High Court.

    Ejelonu said: “His statement at the police station that was missing should be resolved in his favour.

    “The two lower courts refusing to take his plea was to also be resolved in his favour.”

  • High Court quashes EFCC’s declaration of Benedict Peters as ‘wanted’

    •Orders removal of declaration from website

    A High Court sitting in Abuja has quashed the declaration of Executive Vice Chairman of Aiteo, Benedict Peters, as ‘wanted’ by the Economic and Financial Crimes Commission (EFCC).

    In a March 22, 2017 judgement, the court said the anti-graft agency had no power to declare Peters or anyone ‘wanted’ without a court order.

    This was in response to a suit by Peters, accusing the EFCC of declaring him wanted on its website without following due process.

    As affirmed by the court, “Peters has never been charged with, nor tried for any criminal offence in any Court, nor has he ever jumped bail for any offence howsoever in Nigeria and so cannot be declared wanted by administrative fiat, without any prior order or leave of Court.”

    The judgment by Justice Othman Musa said: “The very act of declaring the Applicant (Benedict Peters) wanted on the official website of the first Respondent (EFCC) without any prior order or leave of a Court of competent jurisdiction to that effect is unlawful, illegal, wrongful, ultra vires, unconstitutional and constitutes a flagrant violation of the Fundamental rights of the applicant to personal liberty, private and family life, freedom of movement and right to not be subjected to inhuman treatment and degrading treatment as guaranteed under Section 34, 37, 41 and 46 of the 1999 Constitution (As amended) and Articles 2, 3(1) and (2), 4, 5, 6, 7, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.”

    On August 15 2016, Peters was declared wanted by EFCC without an order of Court and in the absence of a valid charge in a Court of law. The said declaration was published in some newspapers, online medium, and EFCC’s official website.

    EFFC said Peters was summoned on severally before he was declared wanted. However, evidence presented in court showed that Peters was out of the country on health grounds and this was communicated to EFCC by his legal representatives and so he requested for a rescheduling.

    But a day before his court appearance, armed men and policemen, at the behest of EFCC, invaded his company premises and arrested some people.

    EFCC’s claimed it acted based on an arrest warrant issued by a Magistrate Court.

    After scrutinising the contents of the document constituting the warrant, the Judge discovered that the document was dated August 5 2016, suggesting that it was made or signed by the issuing Magistrate on that date. But, curiously, EFCC endorsed it as having been received on August 4, 2016, at 10.32am.

    This inconsistency flawed EFCC’s defence and Justice Othman Musa said:

    “I am left with no option but to conclude that the first respondent (EFCC) has presented to this Court an absurd and unimaginable case of receiving a signed document a day before it was actually signed. I am afraid such a thing is not possible in our physical world. Perhaps, it is possible in the spirit world. This renders the circumstances surrounding the procurement of this document doubtful.

    “Since EFCC’s declaration was not within the ambit of the laws, and did not comply with the conditions precedent to the said declaration, the court dismissed the case thus:

    -An order is hereby made directing the first respondent (EFCC) to remove from its website the purported declaration made against the applicant forthwith.”

     

  • High Court quashes EFCC’s declaration of Benedict Peters as ‘wanted’

    •Orders removal of declaration from website

    A High Court sitting in Abuja has quashed the declaration of Executive Vice Chairman of Aiteo, Benedict Peters, as ‘wanted’ by the Economic and Financial Crimes Commission (EFCC).

    In a March 22, 2017 judgement, the court said the anti-graft agency had no power to declare Peters or anyone ‘wanted’ without a court order.

    This was in response to a suit by Peters, accusing the EFCC of declaring him wanted on its website without following due process.

    As affirmed by the court, “Peters has never been charged with, nor tried for any criminal offence in any Court, nor has he ever jumped bail for any offence howsoever in Nigeria and so cannot be declared wanted by administrative fiat, without any prior order or leave of Court.”

    The judgment by Justice Othman Musa said: “The very act of declaring the Applicant (Benedict Peters) wanted on the official website of the first Respondent (EFCC) without any prior order or leave of a Court of competent jurisdiction to that effect is unlawful, illegal, wrongful, ultra vires, unconstitutional and constitutes a flagrant violation of the Fundamental rights of the applicant to personal liberty, private and family life, freedom of movement and right to not be subjected to inhuman treatment and degrading treatment as guaranteed under Section 34, 37, 41 and 46 of the 1999 Constitution (As amended) and Articles 2, 3(1) and (2), 4, 5, 6, 7, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.”

    On August 15 2016, Peters was declared wanted by EFCC without an order of Court and in the absence of a valid charge in a Court of law. The said declaration was published in some newspapers, online medium, and EFCC’s official website.

    EFFC said Peters was summoned on severally before he was declared wanted. However, evidence presented in court showed that Peters was out of the country on health grounds and this was communicated to EFCC by his legal representatives and so he requested for a rescheduling.

    But a day before his court appearance, armed men and policemen, at the behest of EFCC, invaded his company premises and arrested some people.

    EFCC’s claimed it acted based on an arrest warrant issued by a Magistrate Court.

    After scrutinising the contents of the document constituting the warrant, the Judge discovered that the document was dated August 5 2016, suggesting that it was made or signed by the issuing Magistrate on that date. But, curiously, EFCC endorsed it as having been received on August 4, 2016, at 10.32am.

    This inconsistency flawed EFCC’s defence and Justice Othman Musa said:

    “I am left with no option but to conclude that the first respondent (EFCC) has presented to this Court an absurd and unimaginable case of receiving a signed document a day before it was actually signed. I am afraid such a thing is not possible in our physical world. Perhaps, it is possible in the spirit world. This renders the circumstances surrounding the procurement of this document doubtful.

    “Since EFCC’s declaration was not within the ambit of the laws, and did not comply with the conditions precedent to the said declaration, the court dismissed the case thus:

    -An order is hereby made directing the first respondent (EFCC) to remove from its website the purported declaration made against the applicant forthwith.”

     

  • Court declares residents’ association unregistered

    A Lagos State High Court in the Badagry Division has declared that Oke-Odan Residents Association is not a registered association because it is non-juristic having not being registered by any government agency.

    The declaration was made by Justice Olatunde Oshodi in a land suit between the Egundebi Amodu family and Otetuwon Ajose family.

    The judge stated that with evidence before the court the Oke Odan Residents Association is either  a company incorporated under the Companies Act or a certain unincorporated association granted  the status of legal personae by law such as registered trade union, partnership and friendly societies or sole proprietorships.

    The court dismissed the claimants’ claims and awarded the cost of N150,000 as general damages for the acts of trespass on the said land in Oke Odan.

    Similarly in a judgment  of the Court  of Appeal, Lagos Judicial  Division, the court in  a ruling delivered in 2011 by Justice A. A. Phillips declared that the Otetuwon Ajose family of Igbo Elerin is the owner from time immemorial of the large area of land measuring approximately 206.29 hectares  which land includes the land in dispute.

    The court also issued an order of  perpetual injuction from trespassing on the defendants’  family land, including  the land in dispute.

    Meanwhile  in his reaction to the court judgment, the Baale of Igbo-Elerin, High Chief Muhammad Taofiki-Aina, has appealed  to the two families  contesting the ownership of the land to embrace peace and abide by the court order.

    The traditional ruler said that the community could witness development when there is peace and unity  among the residents.

  • Recall: INEC to take decision on Dino’s case in few days

    The recall process of the Senator representing Kogi West senatorial district, Mr. Dino Melaye will be part of the discussions on Thursday, when the management of the Independent National Electoral Commission (INEC) meet to deliberate, it was learnt.

    INEC management meets every Thursday to deliberate and take decisions on issues that bothers on the activities of the commission.

    The commission may likely release a revised timetable and schedule of activities in the next few days following the removal of hurdles.

    The Court of Appeal sitting in Abuja had on Friday dismissed the appeal by the senator to halt his recall, thereby removing any encumbrance to the process.

    INEC had earlier issued time lag for the process following a petition calling for his recall by before the legal battle which started from the High court.

    While resolving all issues for determination against Melaye, the Appeal Court upheld the lower court ruling that the senator’s suit was “hasty and premature and presumptuous”.

    The Appeal Court therefore stated that the lower court ought to have struck out the suit for not disclosing any cause of action. On Melaye’s contention that he was not accorded fair hearing by INEC, the Court of Appeal noted that such position was without basis because INEC is neither a tribunal nor a court of law.

    The Appeal court also noted that the 90 days required for the recall process has not lapsed in the Melaye case. It stated that the 90-day period was not static.

    Speaking on the next line of action of the Commission, the Chief Press Secretary to the Chairman of the Commission, Mr. Rotimi Oyekanmi said that the Appeal Court judgment has removed any encumbrances.

    Oyekanmi noted that the commission will be taking decision on the matter soon as to when to continue the recall process.

    He posited that the Appeal Court’s judgment has therefore given the commission the go ahead with the recall process.

    He said: “As it is now, the Appeal Court has now removed any restriction. That means literally, INEC can continue with that process. The process now will have to start from where it stopped and that is the decision for the commission to make in the coming days.

    “I don’t know how soon the commission will take decision but I know it is going to be pretty soon. You know every week; the commission meets every Thursday to take a decision. And of course once a decision is taking there will be an official announcement. As it is, the Appeal Court has removed any encumbrances against our moves. That is what the situation is, that we can go ahead with our process.”

    The embattled senator had earlier lost the fight to stop INEC from commencing the recall process at the High Court, thus paving way for the electoral body to continue the process.

    The people of Kogi West Senatorial District has made good their threat to recall Mr. Melaye on Wednesday when they submitted signatures of about 188,588 voters from electorates in Kogi West senatorial district demanding the recall of the senator.

    The signatories is about 52.3 per cent of the registered voters in the district.

    The law requires 50 per cent of voters in an area sign to recall a lawmaker.

    The signed documents,  it was learnt were contained in six bags alongside other documents and were submitted to INEC’s headquarters in Abuja on Wednesday.

    The local governments and the percentage of voters who signed the recall petition showed that Yagba West had the highest number of voters asking Melaye to return home from the Senate.

    The breakdown, as shown in the petition is Yagba West, 55.7 percent; Lokoja, 54.8 per cent ; Kogi, 52.77 per cent; Yagba East, 52 per cent; Ijumu (Melaye’s local government), 51.8 per cent; Mopa/Moro, 50.4 per cent  and Kabba/ Bunu, 46.7 per cent.

    A prominent member of the All Progressives Congress in Ijumu, Mr. Cornelius Olowo, who led the delegation, insisted that the constituents were not satisfied with the quality of Melaye’s representation.

    Read Also: INEC to proceed with Melaye’s recall as his appeal fails

  • Akwa Ibom appeals ruling

    Akwa Ibom appeals ruling

    Akwa Ibom State government has appealed the judgment of the High Court of Etinan Division, asking it to pay damages to 6,000 students of defunct College of Agriculture, Obio Okpa.

    The students were denied certificates after graduation, following a law by the House of Assembly, which proscribed the college.

    The incident occurred during the ex-Governor Godswill Akpabio administration.

    In a judgment by Justice Pius Odiong in December, the court ordered the government to pay N1 million and N500,000 to HND and ND graduates.

    It ruled in favour of the students, directing the government to pay for the wasted years and losses incurred.

    However, the government, in an appeal filed at the Court of Appeal, Calabar, Cross River State, through Justice Bassey J. Ekanem, is seeking an order to set aside the judgment.

    Justice Odiong held that “as duly admitted students of the now defunct Akwa Ibom State College of Agriculture, Obio Akpa, who paid school fees and other sundry fees up to date; attended lectures; wrote and passed examinations and fulfilled the prescribed conditions for graduation, the plaintiffs, as of right, were entitled to be awarded their certificates at the National and Higher National Diploma levels.”

    The government, in its five grounds of appeal, argued that the four appellants were not vested with the responsibility of issuing any certificate to the respondents.

    “The governor of Akwa Ibom State, Commissioner for Agriculture, Commissioner for Education and Attorney-General and Commissioner for Justice, none of the appellants were vested with the responsibility of issuing any certificate to the respondents. The college being a corporate person was vested with such responsibility.

    “The college being a corporate body with perpetual succession had a legal personality of its own and was responsible for any of its action or inaction. It had its own life and any decision taken by the college was not directed by any of the defendants.”

    Counsel to the respondents Ada Okonkwo filed a cross appeal, asking the Court of Appeal, Calabar, to increase the award of damages to N5 million for HND graduates and N2.5 million for ND graduates, as against N1 million and N500,000, which she said was inadequate to meet the losses incurred by the students.

  • Vulture ‘delivers’ letter to A’Ibom Monarch to quit throne

    Vulture ‘delivers’ letter to A’Ibom Monarch to quit throne

    Natives of Iba Oku, Uyo local government area of Akwa Ibom state are yet to come to terms with how a vulture allegedly delivered a letter to their village head, Eteidung Gabriel Mbeka asking him to quite his throne.

    Following the strange incident, palpable tension has enveloped the sleepy community even as the embattled monarch has cried out for help alleging that his throne and his life are being threatened by ‘sinister forces’.

    Speaking to the Nation in his palace, the monarch accused the Clan Head of Oku, Etebom Enefiok Effiong Okpon, of alleged sinister plot to oust him “because he wants to turn my domain into his vassal province”.

    “Since I was given the staff of office in 2012, as the Village Head of Iba Oku, I have been having a running battle with my Clan Head, Etebom Okpon, who insisted he must also control my domain and collect revenues.

    “When I could not yield to his request, he resorted to using traditional invocations to eliminate me. They sent vulture to deliver a letter, asking me to quit the throne. I was scared and had to escape from my palace for several months.

    “Since that period, I have been totally deprived of my powers to function effectively as the traditional ruler of my community.

    The Clan Head denied me the powers to hold court with my people by sealing off the Village Council Hall, forcing me to attend to my people in the primary school and my palace.

    “Hoodlums also invaded my palace and seized my royal regalia and other paraphernalia of office; just make me ordinary as a traditional ruler.

    “When all these actions failed, he started sending threat messages that I would be eliminated if I fail to cooperate with him to sell government’s land and share the proceeds with him.

    “Recently, he sent one of his Personal Assistant (PA) to come to my area and enquire concerning my personal details as well as my daily routines. But he did not know that one of those he enquired from is my loyal subject.

    “I reported the case to the Police and later charged it to Court, but up till now, it is regrettable that matters concerning my life cannot be allowed to go to Court for redress because of interventions by politicians for their personal interests”, he lamented.

    It was gathered that the Etteidung Mbeke, was heavily hounded with trump up charges of embezzling N20million proceeds from the community land and other funds, but the monarch denied the allegation and took the matter before the Uyo Magistrate Court 11.

    The case with charge number: MU\715\2017, according to the monarch was first heard at the Uyo Magistrate Court 11, but the Court declined jurisdiction and referred it the Directorate of Public Prosecution (DPP) for the matter to be reassign to the High Court.

    The monarch prayers include Court order restraining the accused from invading his community with warriors to dethrone him, threats to his life and plot to take over his domain and resources.

    “Up till now, the case is still pending with the DPP because of interests from the politicians including the member representing the Uyo Federal Constituency, Hon. Mark Enyong and that of the House of Assembly for Uyo, Hon. Monday Eyo”.

    “I want justice in my case; let the matter be taken to the High Court so that all these issues will be addressed. The politicians should leave the case alone because it is a traditional matter”, he said.

    According to him, the case was to be heard in the High Court, on October 26, but expressed worry that with all the antics displayed by the DPP, the matter may be suppressed continually”.

    “I am the only surviving Village Head still remaining on the throne in Afaha Oku Clan. The Clan Head has made it a point of duty to stampede others who could not cooperate with him”, he lamented.

    “For instance, he (the Clan Head), has forced out other certified Village Heads in my Clan including the Village Head of Nnung Ebie Enang Idoro, Nnung Uyo Idoro, Nduetong Oku and Afaha Oku”, he said, adding that “in some villages that he can’t control, he made sure
    there is a parallel government in the place.

    When contacted the Divisional Police Officer (DPO) in-charge of the case, Mr. G. Udofia, saying the matter has lingered for several months, but express worry over the refusal of the contending parties to resolve it amicably.

    “The Federal House member for Uyo, Hon. Mike Enyong called me to expressed dissatisfaction over the handling of the matter and since then, I have not heard from him again”, he said.

  • INEC receives petition for recall of Kuki

    INEC receives petition for recall of Kuki

    …writes Kuki, to release timetable for recall shortly

    The Independent National Electoral Commission (INEC) will soon reel out the timetable for the recall of Honorable Abubakar Galadima Kuki, a member representing Bebeji Constituency in the Kano State House of Assembly.

    The commission in a statement signed by Prince Adedeji S. Soyebi Chairman, Information and Voter Education Committee (IVEC) said it received a petition for his recall at the weekend from his constituents.

    The statement reads: “The Independent National Electoral Commission (INEC) on Friday the 11th of August, 2017 received a petition for the recall of Honourable Abubakar Galadima Kuki, a Member representing Bebeji Constituency in the Kano State House of Assembly, from his constituents.

    “In accordance with the INEC Guidelines for Recall, the Commission has formally acknowledged the receipt of the petition to the Petitioners’ representatives and has written to inform Honourable Kuki of the presentation of the petition.

    “A timetable and schedule of activities pursuant to the petition will be issued shortly.”

    Kuki is the second to be facing recall in this dispensation.

    Senator Dino Melaye, the senator representing the people of Kogi West Senatorial District was the first to face the recall process.

    Though the process for Mr. Melaye’s recall has been put on hold by the ruling of the High Court, which has been challenged by the electoral body.

     

  • Federal High Court needs more judges

    SIR: Most governors, in exercise of their privilege of prerogative of mercy go round the various prisons in the country from time to time and grant pardon to some inmates who are serving various terms of imprisonment, some awaiting trial for various offences.

    A recurrent observation during these prison tours is that many inmates have stayed in the prison for much longer than the term of imprisonment they would have served if convicted. The congestion in various police cells and the prisons is one of the various problems of our legal and judicial system. Why are many inmates awaiting trial for unnecessarily long periods?

    One even wonders why many of these awaiting trial inmates stay longer than the terms of imprisonment they would stay on conviction. Is the society fair to these people?

    A government which cares about the welfare of the generality of the people should not allow this situation to continue. The Muhammadu Buhari administration with its change mantra should take up this challenge immediately. Something should be done to ensure that even handed justice is dispensed to all and sundry within reasonable time frame as justice delayed is justice denied. In this wise one praises the concerned agencies of the federal government that acted swiftly on the recent appointment of judges of the National Industrial Court. These courts now have judges to handle cases and dispense with them expeditiously.

    However one wonders why this is not the same situation with the judges of the Federal High Court. A close observation shows that the court is in dire need of judges, to replace those who have died, retired, or will soon retire.

    Several vacancies exist in the court and reliable information reveals that all the states have submitted names of recommended judicial officers to be appointed. The list has also been reviewed and the shortlisted candidates invited and interviewed by the State Security Service (SSS) and the Nigerian Bar Association in the usual screening exercise.

    However the result of the screening by these two bodies has long been awaited.

    It was only a few days ago that the NBA released its own. That of the SSS is still being awaited. How long this wait will last is now the issue. During the recent face-off between the S.S.S and the National Judicial Council (NJC), the latter was accused of not taking timely and appropriate action on judges accused of corruption.

    In this instance nobody will blame the NJC for this delay, as the final list of lawyers to be appointed judges has not been sent to them. What is causing the delay? When will the vacancies be filled? When will the numerous cases in the Federal High Court that have not been attended to due to shortage of judges receive attention? These questions need answers by those concerned

    This is a humble request to all the persons and institutions involved in taking appropriate action on appointment of judges including the Chief Justice of the Federation, the Nigerian Bar Association, State Security Service, the Federal Judicial Service Commission and the National Judicial Council to do the needful and ensure that on resumption from the present annual vacation, all available vacancies in the Federal High Court would have been filled.

    The Federal High Court is one of the most strategic and significant arms of our judiciary and it should be empowered with its required human capacity to continue the good job it is doing.

     

    • Kola Onifade,

    Lagos.