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Tag: Joseph Daudu

  • Ex-NBA president rejects bid to terminate ‘$8.4m AGO theft’ trial

    Ex-NBA president rejects bid to terminate ‘$8.4m AGO theft’ trial

    A former Nigerian Bar Association (NBA) President, Joseph Daudu (SAN), has urged the Lagos State High Court in Ikeja to reject an attempt by the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN), to discontinue a multi-million dollar criminal case against Trafigura Beheer BV and Trafigura PTE Limited.

    The defendants are on trial for allegedly stealing $8.4 million worth of Automotive Gas Oil (AGO) from Nadabo Energy Limited, which they denied.

    Daudu, the counsel for Nadabo Energy, the nominal complainant in the matter, urged Justice Mojisola Dada to set aside the notice of discontinuance on the ground that it was unconstitutional, the case having been brought under Lagos State law and not federal law.

    Other defendants in the case are Yusuf Kwande, Mettle Energy and Gas, Rembrandt Limited, Osahon Asemota, and Jil Engineering and Oil Services Limited.

    The Police Special Fraud Unit (SFU) accused the defendants of stealing Automotive Gas Oil (AGO) worth about $8,442,806.09 from Nadabo Energy Limited.

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    They pleaded not guilty to the charge.

    During the trial, the prosecution team, led by Rotimi Jacobs (SAN), called 17 witnesses, following which the court dismissed the defendants’ no-case submission and directed them to enter their defence.

    Trafigura BV and Trafigura PTE Limited, through their counsel, petitioned the AGF to terminate the case, following which the judge discharged the defendants after the prosecution moved a notice of discontinuance.

    But Daudu, in the motion on notice, asked the court to strike out or dismiss the notice of takeover issued by the AGF through the Office of the Director of Public Prosecution of the Federation for being ultra vires, null and void, same having violated Section 211 (1) of the 1999 Constitution.

    He also prayed the court to set aside or strike out the notice of takeover issued on February 29, 2024, as being shrouded in incompetence and fundamental defect.

    The first defendant had filed an application seeking to dismiss the case, arguing that they had already been tried in a similar case before Justice Sodeton Ogunsanya at the Lagos High Court in Ikeja.

    Justice Dada held that the application lacked merit as there was no nexus between the two cases.

    The judge ordered the continuation trial, but after calling three witnesses, Trafigura’s counsel approached the AGF to terminate the case.

  • N11bn fraud: Court adjourns Shema’s case until june 12

    A Katsina High Court on Wednesday adjourned until June 12 the N11billion fraud case filed against Ibrahim Shema, former governor of Katsina State, to enable his counsel peruse the report that indicted him.

    The court adjourned the case to enable the defence counsel study report of the Committee on Local Government Finances, which indicted the ex-governor of misappropriating N11billion.

    The lead defence counsel, Joseph Daudu, SAN, had said that they want to see the court follow due process.

    He said that during the last adjourned date, they requested for the report, that indicted Shema and three others.

    Daudu said that they didn’t hear from the prosecution until May 28, 2018, which was a public holiday.

    He explained that their expectation was that they would be served with the report in good time to enable them go through it and compare it with the one before the commission of inquiry.

    He urged the court to give them adequate time to study the report.

    In his submission, the prosecution counsel, Olatoke Olukayode, SAN, argued that the report was submitted to the commission of inquiry and a copy served on the defence.

    He further said that the document was not a motion that would entitle them to react within 48 hours.

    Olukayode also said that public holiday would not affect reading of public document.

    He urged the court to refuse the application and allow the prosecution to call its witness to give evidence.

    In his ruling, Justice Ibrahim Bako, adjourned the case until June 12,  to enable the defence counsel go through the report.

    Other defendants in the case are: Former Commissioner for Local Government Affairs, Sani Makana, former Permanent Secretary, Ministry of Local Government Affairs, Lawal Rufai and the ex-ALGON Chairman, Lawal Dankaba.

  • Lawyer’s ill health stalls Mariam Sanda’s trial

    The Ill-health of Mr Joseph Daudu (SAN), who is defending Mariam Sanda on Tuesday stalled the continuation of hearing before a high court of the FCT Jabi.

    Mariam Sanda is been charged alongside her mother Maimuna Aliyu Aliyu Sanda and Sadiya Sanda for the murder of Bilyamin son of the People’s Democratic Party chairman Alhaji bello Haliru Mohammed.

    At resumed hearing on Tuesday Mrs Neka Joan Daudu who represented Mr Daudu informed the court of a letter from her boss asking for an adjournment due to a sudden ill health.

    “My boss has been present ever since this trial started.His Ill-health is an unforseen circumstances and we therefore urge the court to grant our adjournment” She held.

    Also Mr A.T Kehinde(SAN) counsel to the 3rd defendant Mr Rotimi Ogunesan and Mr Oluwasegun Ojaowo collaborated that they received the letter

    “The letter is on health issue and we are not objecting to the letter for adjournment” Mr Kehinde said.

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    However the Police Prosecution Counsel to the Mr James Idachaba did not object to the letter filed by the 1st defence counsel but prayed the court to award cost of N10, 000 each to the three witnesses he brought to court.

    He also added that the first two witnesses came from Kaduna state.

    Mr Idachaba said:”My lord we shall be asking the court to award N10,000 to the witnesses so as to encourage them to come back on the next adjourned date”

    Justice Yusuf Harlilu however rejected Mr Idachaba’s prayer because “human being naturally take ill, and it is an unforseen circumstances”

    Afterwards listening to both parties Justice Harliru adjourned the matter till the 28th and 29th of June for continuation of trial.

  • Election sequence: Accord, NASS, INEC know fate April 25

    The Federal High Court, Abuja, has fixed April 25 to deliver judgment in a suit filed by the Accord Party seeking an order of court, restraining the National Assembly from acting on the Electoral Act (Amendment) Bill, 2018.

    It will be recalled that President Muhammadu Buhari had on March 13, refused to sign the bill into law, which sparked arguments as to whether or not, the National Assembly would use its powers to override the president’s decision.

    Justice Ahmed Mohammed fixed the date after listening to arguments of both the plaintiff and the defendants.

    Mr Joseph Daudu (SAN), counsel to the National Assembly, the first defendant, in his preliminary objection argued that the court lacked the jurisdiction to hear the matter on the grounds that its jurisdiction was not properly invoked.

    According to him, the court can only have jurisdiction over the matter if the bill has become an act.

    “No matter how it is construed, the Electoral Act Amendment Bill as at the day the originating summons was filed, up till date, is a bill, it becomes an act upon the happenings of two eventualities.

    “Where a president, acting under provisions of Section 58(4) assents to the bill, it then becomes an Act of the National Assembly.

    “Where he refuses to assent, under Section 58(5), the bill is returned to the National Assembly for use of their powers of  to override.

    “At that point, it remains a bill because there is no guarantee that they will muster the required two thirds majority to veto it.”

    Daudu argued that it was only where the National Assembly successfully used its power to over ride the President’s veto and transform the bill to an act that the jurisdiction of the court over it would be ignited.

    He further argued that there was no certificate of registration before the court to show that the Accord Party was indeed a political party as it was claiming to be.

    Arguing for the second defendant, the Attorney-General of the Federation, Mr Abubakar Malami (SAN) aligned himself with the submission of Mr Wole Olanipekun, (SAN), counsel to the Accord Party.

    Mr Femi Falana, counsel to the Independent National Electoral Commission ( INEC ), the third defendant, however, argued that the Accord Party was a political party duly registered by INEC.

    He submitted that the party contested in the last election in the country and won seats in the parliament.

    On his part, counsel to the Accord Party, Mr Wole Olanipekun (SAN) maintained that legislative powers began when a bill was introduced in parliament and ended when it was transmitted to the president.

    He said the court had the jurisdiction to hear the matter and urged the court to dismiss Daudu’s preliminary objection and grant the reliefs his client sought.

    Justice Mohammed adjourned the matter until April 25, to deliver judgment.

    The plaintiff, Accord Party, had approached the court with a motion seeking an order restraining the National Assembly from taking action or actions on the Electoral Act (Amendment) Bill, 2018.

    The plaintiff is claiming, against the defendants, a declaration that INEC is the only body constitutionally vested with the powers to organise elections to the offices of the President and Vice President of Nigeria.

    It also has powers to organise elections to the offices of governor and deputy governor of a state, membership of the senate, the House of Representatives and the House of Assembly of each state including fixing or assigning dates for the said elections and the sequence of same.

    “A declaration that the legislative powers vested in the National Assembly by the constitution do not empower or imbue it with the right, liberty or authority to pass or purport to pass any bill into Law.

    “This is with regards to a bill which attempts to interfere with or undermine the independence of INEC as guaranteed by the content, spirit and tenor of the constitution.

    “A declaration that the legislative powers vested in the National Assembly by the Constitution do not empower or imbue it with the right, liberty or authority to control or dictate to INEC the way and manner it should organise, undertake and supervise elections.”

    NAN

  • Judge to report Dasuki lawyer’s ‘disparaging comment’ to CJ

    Justice Adeniyi Ademola of the Federal High Court, Abuja, on Thursday vowed to report to the court’s Chief Judge, Justice Ibrahim Auta, the disparaging comments made about him by Joseph Daudu (SAN), lawyer to ex-National Security Adviser, Sambo Dasuki.

    Dasuki was arraigned at the court last year on charges of illegal arms possession and money laundering.

    Despite efforts by his lawyers to prevent the commencement of trial, the court allowed the prosecution to open its case on Wednesday, and the later called its first witness.

    Although Dasuki’s legal team, led by Ahmed Raji (SAN), was in court and crossed examined the first prosecution witness, Samuel Ogbu, for two days, another member of the ex-NSA legal team, Daudu wrote the judge on Thursday, accusing him of compelling the defence to face trail.

    Daudu, in the letter, reportedly accused the judge of putting pressure on the defendant to face trial when the prosecution was in breach of the court’s order.

     

     

     

     

  • Ex-NBA president rejects Grazing Bill

    Former president of the Nigerian Bar Association (NBA), Joseph Daudu (SAN), has rejected the National Grazing Bill pending before the House of Representatives.

    He backed Oyo State Governor, Abiola Ajimobi, who said the Bill was against the Land Use Act.

    Daudu said the proposed law also breaches the Constitution and must not be allowed in a democracy.

    “It is unconscionable and a breach of the Constitution and the Land Use Act to seize land and give it to an itinerant businessman known and styled as the Fulani herdsman in a capitalist democracy to advance his own business.

    “If the Fulanis require land for grazing they should buy it just like every industrialist buys land to set up a factory.

    “They should learn to buy land and grow grass (alfalfa) on it and sell it to themselves. Government has no business promoting the business of the President’s kinsmen and killing other peoples’ businesses.

    “If not, let us boycott the eating of beef. Then the problem will go away,” Daudu said in a statement.

     

  • Alleged fraud: EFCC, AGF’s lawyers clash again

    The Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) are yet to decide on who will prosecute 16 suspects accused of multi-billion naira fraud at the Consolidated Discount House Limited.

    Lawyers representing EFCC and the AGF were engaged in arguments at the Federal High Court in Lagos on Thursday over who is empowered to prosecute the case.

    Justice Mohammed Idris had, on February 23, ordered them to sort out who between them should prosecute the case, but the issue was not resolved, thereby stalling the suspects’ arraignment.

    A lawyer, D.C. Enwelum, who appeared with Adedayo Adedeji for the AGF, said he filed a motion on notice praying the court to resolve the issue.

    In the application, a former Nigerian Bar Association (NBA) president, Joseph Daudu (SAN), Damian Dodo (SAN), Fabian Ajogwu (SAN) and Enwelum said they were given a fiat by the AGF on May 5 last year to prosecute the suspects.

    Daudu, through a supporting affidavit deposed to by Adedeji, said after they were issued the fiat, the team of lawyers held extensive meetings and brainstorming sessions, and prepared and filed three charge sheets on the AGF’s behalf.

    He said after filing the charges, they were forwarded to the EFCC to help serve the accused persons with them and to facilitate their production in court for arraignment.

    Daudu said surprisingly, when the case came up on February 23, a lawyer from EFCC, A.B.C Ozioko, announced appearance for the prosecution.

    Ozioko had insisted that EFCC would prosecute the suspects, arguing that the suspects were in its custody.

    But Daudu said in light of the subsisting fiat, no other person or agency can prosecute the accused persons except those authorised to do so by the AGF.

    “The action of A.B.C Ozioko constitutes a nuisance to the proceedings and amounts to gross misconduct and abuse of the court processes and proceedings,” Daudu said.

  • Nigerians celebrate corruption – Peter Obi

    Nigerians celebrate corruption – Peter Obi

    A former Anambra State governor, Mr. Peter Obi, Wednesday said corruption thrives in the country because Nigerians worship money.

    He said the problem with the country is impunity, adding: “the level of greed is unacceptable.”

    Speaking during a plenary session of the ongoing Annual General Conference of the Nigerian Bar Association (NBA) in Owerri, Imo State, Obi, who spoke on the topic: “Nigeria, Any Hope For industrial Revolution,” said corruption does more than harm development.

    “Corruption and greed kill entrepreneurship, hardwork and professionalism,” he said.

    Obi condemned greed among political office holders who assume power with the single aim of enriching themselves with filthy lucre.

    “Someone is voted into office and had no house, no car, but in six months, the person has three cars, six houses, and the person organises a thanksgiving. Even the bishop is praying for him to make more money.

    “We have to start fighting those things that make industrial revolution impossible. We have to start by building a country where there is zero tolerance for greed and impunity,” Obi said.

    Meanwhile, the NBA President, Okey Wali (SAN), has called for a reform of appointment and elevation of judges and justices.

    He said nothing in law stops a qualified lawyer from being appointed a state’s Chief Judge, adding that a lawyer should also be able to go to the Court of Appeal or the Supreme Court from the Bar without having to serve on the bench first.

    Wali also sought a review of the Constitution to divest governors of powers to appoint Chief Judges.

    He said, “Why should another arm of government appoint the head of another arm? Does the judiciary appoint the governor of a state? Do we appoint the speaker of the House of Assembly? So why should they appoint our head?”

    A former NBA President, Joseph Daudu (SAN), said the Chief Justice of Nigeria should not preside over the National Judicial Council (NJC) which has the responsibility of appointing and disciplining judges.