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Tag: Judge

  • Judge restrains Saraki from declaring Akpabio’s seat vacant

    A few days after Justice Othman Musa of the High Court of the Federal Capital Territory (FCT), in Bwari, Abuja restrained Senate President Bukola Saraki from declaring vacant; the seat occupied by Senator Godswill Akpabio, a group – Dynamic Patriotic Citizens Foundation (DPCF) – has asked the Federal High Court in Abuja to act otherwise.

    Justice Musa had, in a ruling on August 7, granted, among others, an interim injunction contained in an ex-parte application by Akpabio, restraining Saraki and his agents from declaring his (applicant’s) seat vacant or impeding his access to the Senate, pending the determination of the substantive suit.

    The suit marked: FCT/BW/CV/113/2018, with the Attorney-General of the Federation (AGF), Inspector-General of Police (IGP) and the President of the Senate (as 1st, 2nd and 3rd defendants), is querying the propriety of alleged plot by Saraki to declare Akpabio’s seat vacant upon his recent defection from the Peoples Democratic Party (PDP) to the All Progressives Party (PDP).

    A copy of the enrolled order, sighted yesterday in Abuja by The Nation, reads: “Upon hearing the motion ex-parte dated and filed on August 7. And upon listening to Chikaosolu Ojukwu Esq, with Ebere Ahanonu (Mrs.) counsel to the applicant, praying this honourable court for the following:

    “*an order of this honourable court granting leave to the applicant to serve the 3rd respondent herein the originating processes and all other processes in this suit by serving same on either the Clerk of the National Assembly or the Clerk of the Senate or any other Clerk/reasonable staff in the National Assembly at the National Assembly Complex, Three Arms Zone, Federal Capital Territory, Abuja.

    “*an interim order of this honourable court restraining the 3rd respondent either by himself, his surrogates, or any other person acting on his behalf, under him or exercising the powers of his office, from attempting to or declaring the seat of the applicant vacant, impeding his access to the Senate or in any way overreaching his privileges and rights as a senator pending the hearing and final determination of the originating summons of the applicant.

    “Case adjourned till August 29 for hearing. Given under the hand of the honourable presiding judge, and the seal of the honourable court dated 7th day of August 2018.”

    However, in its suit marked FHC/ABJ/CS/887/2018, filed before the Federal High Court, Abuja, through its Registered Trustees, the DPCF wants the court to among others, declare Akpabio’s seat vacant and order the Independent National Electoral Commission (INEC) to conduct a by-election within 90 days.

    No date has been fixed for the hearing of the case.

     

     

     

  • Judge reaffirms arrest order on INEC chair

    Justice Stephen Dalypop Pam of the Federal High Court, Abuja has re-affirmed an arrest order on Independent National Electoral Commission (INEC) Chairman Prof. Yakubu Mahmood, for flouting a court order.

    The order was reaffirmed yesterday after Mahmood was again absent from court.

    The Court of Appeal on Monday gave an order barring the arrest of Prof. Mahmood, issued on August 1.

    Justice Abdul Aboki said it would be wrong for the lower court to proceed with yesterday’s hearing.

    When the matter came up for hearing yesterday, counsel to the plaintiff, Mr. Kanayo Okafor, told the court that the Appeal Court had stopped the warrant of arrest.

    Justice Pam held that there was no evidence before him to show that the proceedings had been stayed at the Appeal Court.

    He said: “There is no evidence before me to show that the proceedings have been stayed. Therefore, the order directing the Inspector-General of Police (IGP) to arrest Prof. Mahmood and present him in court still stands.”

    The judge adjourned the matter till tomorrow for hearing.

     

  • Judge: senator’s trial can’t proceed without EFCC’s consent

    Justice Mohammed Idris of the Federal High Court in Lagos yesterday held that the trial of the Senator representing Delta North, Peter Nwaoboshi, will not go on without the consent of the Economic and Financial Crimes Commission (EFCC).

    The judge, who was elevated to the Court of Appeal after the case had begun, said both parties must agree for him to have jurisdiction to continue to adjudicate on the case.

    EFCC arraigned Nwaoboshi, Golden Touch Construction Projects Limited and Suiming Electricals on April 25 for alleged N322 million fraud.

    Two witnesses had testified for the prosecution before Justice Idris was elevated to the Court of Appeal in June.

    Based on a request by Nwaoboshi and the other defendants, the Court of Appeal President Justice Zainab Bulkachuwa granted Justice Idris a fiat to enable him conclude the case before resuming at the appellate court.

    But the EFCC opposed the fiat, saying it would prefer that the case be transferred to another judge to begin afresh.

    EFCC lawyer Mr. M.S. Abubakar argued that Nwaoboshi’s case did not fall within the Administration of Criminal Justice Act (ACJA) definition of “part-heard” criminal cases, which an elevated judge could continue with.

    According to him, Section 494 of the ACJA, which defines part-heard matters, refers to cases in which the prosecution had called all witnesses and closed its case.

    The lawyer noted that EFCC had only called two of six listed witnesses.

    Urging Justice Idris not to continue with the case, he argued that Section 396 (7) of the ACJA, which requires elevated judges to conclude part-heard matters, “is grossly unconstitutional”.

    But, Nwaoboshi’s lawyer Dr. Valerie Azinge (SAN) said she was surprised that the EFCC, which always accused high profile defendants of adopting delay tactics to frustrate their trial, was the one opposing Nwaoboshi’s application for a speedy trial.

    Ruling yesterday on whether or not to continue with the case, Justice Idris emphasised that while the ACJA was designed to achieve speedy dispensation of justice in criminal cases, all parties must be on board.

    He said when together, sections 396 (7) and 494 of the ACJA were drafted to prevent judges who have been elevated to the Court of Appeal from being bugged down by high court cases to the point where it prevents them from assuming their duties at the Appeal Court.

    “In the circumstances of this case, where a fiat has been issued by the President of the Court of Appeal pursuant to Section 396 of the ACJA, and the matter not being a part-heard matter pursuant to Section 494 of ACJA, the court in my view will only have jurisdiction where both parties consent or agree that the matter should go on,” he said.

    Justice Idris said all stakeholders must make the ACJA achieve its potential, adding: “All the stakeholders in the administration of criminal justice must be determined and committed to the process of effective change.”

    He said the ball was no longer in the judiciary’s court as it behooves parties to “walk the walk and not talk the talk, because in the end, it is not the talk but the walk that matters…”

    Justice Idris adjourned till today to enable EFCC reconsider its position.

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805 million between May and June 2014.

    The anti-graft agency claimed that N322 million out of the N805 million was part of proceeds of “an unlawful act, to wit: fraud”.

    The defendants pleaded not guilty.

     

  • Safe Towers’ project: Judge rejects banker’s bid to stop EFCC

    The Federal High Court in Lagos has dismissed a fundamental rights suit by Safetrust Mortgage Bank Chief Executive Officer Mr. Akintayo Oloko seeking to stop his arrest and possible prosecution by the Economic and Financial Crimes Commission (EFCC).

    Attorney-General of the Federation Abubakar Malami (SAN), Mr. Kunle Ogunmefun and Currant Limited are the other defendants.

    EFCC launched an investigation against Oloko following a petition by Ogunmefun alleging fraud and massive diversion of funds on the Safe Towers project.

    The developers, represented by Oloko, Safetrust Mortgage Bank and Macbosh Properties Limited, sought a mandatory order compelling the respondents to return forthwith the Safe Towers Estate title deed registered as 37/37/2444, covered by Survey Plan BAS258/2013/130-116(3)/LA owned by Macbosh Properties Limited, but allegedly seized by the respondents.

    They prayed for an order compelling the respondents to tender written and public apology to them and to pay N500million as general and exemplary damages for Oloko’s arrest and alleged violation of his right to personal liberty.

    In a supporting affidavit by Oloko, the applicants said due to misunderstanding, parties agreed to terminate their agreement as contained in a memorandum of understanding on the estate project.

    They said it was on the condition that the developer would repay the amount invested along with the interest of 16 per cent, adding that EFCC’s intervention was outside its mandate.

    But, Ogunmefun and Currant Limited argued the applicants were not entitled to damages having failed to substantiate their claims.

    Besides, they said EFCC did not violate any law when it investigated the applicants based on Ogunmefun’s June 20, 2017 petition.

    In his verdict, Justice Muslim Hassan held that the applicants’ originating motion was unmeritious and that EFCC was empowered to investigate any person for fraud without a court order.

    The judge held that there was a petition against the applicants for obtaining money by false pretence, which EFCC was validly investigating.

    Justice Hassan awarded N20,000 cost in favour of each of the respondents and struck out the AGF’s name from the suit because no reasonable cause of action was disclosed against him.

    The judge noted that the applicants could not expect a judicial fiat to prevent the EFCC from doing its work neither could they be shielded from criminal investigation by the court.

    Conceived in 2013, Safe Towers is a three-block high rise building comprising 16 units of three bedroom apartments and executive five-bedroom pent duplexes (plus utility room) with swimming pool. The project was to be delivered within 24 months.

    To buy one of the blocks for N710 million, Ogunmefun executed a Memorandum of Understanding in 2014 with the developer and made instalmental payments amounting to N550 million.

    He, however, petitioned EFCC about an alleged criminal intent to defraud him.

    EFCC’s intervention resulted in Oloko’s arrest, following which he sued.

     

  • Chinese nationals’ trial: Judge orders SON to appear in court

    A FEDERAL High Court in Lagos yesterday ordered the Director of Legal Services, Standards Organisation of Nigeria (SON), to appear before it in connection with the trial of two Chinese nationals, charged with importing

    substandard tyres into the country.

    Justice Mojisola Olatoregun handed down the order following a ruling that the prosecution of the defendants, arraigned on allegations of importation of fake tyres into the country, was incompetent.

    The accused – Tao Shen, 36 and Jing Yau, 22 – were charged alongside a Nigerian, Chinedu Madubuike and two companies, Sino Nigeria Import and Export Ltd and Nedeca International Ltd.

    At the resumed trial of the case yesterday, Mr. Babatunde Alajogun, appeared for the prosecution and began the examination-in-chief of the prosecutions’ third witness (PW3).

    The PW3, Mr. Sylvester Aigbe, told the court that he was the Investigating Police Officer (IPO), who recovered the substandard tyres and iron

    rods from the defendants’ warehouse.

    According to Aigbe, the tyres, which came in different sizes, were tucked in bigger ones in batches.

    Alajogun sought to tender the tyres and the iron rod as exhibits, but when the court asked for the number of tyres recovered, Alajogun and the witness were embroiled in an argument.

    The argument went on for about three minutes before the court interjected and delivered a  short ruling.

    “It is obvious you are not capable of prosecuting this case, you are either incompetent or corrupt.

    “How can a prosecutor not see the exhibit in his case or meet the witness before the case is called.

    “The Director of Legal Services of your organisation must appear before this court before this case can proceed,” Justice Olatoregun ruled.

    Consequently, she adjourned the case until Sept. 26 for continuation of trial.

    The accused were alleged to have committed the offences sometime in February by conspiring to import tyres that did not meet the relevant Nigerian standards.

     

     

  • Bank reports judge to NJC, EFCC over ‘questionable’ judgment

    •Deputy Chief Registrar: ‘I’m yet to receive petition’

    Union Bank of Nigeria Plc has accused Justice Ibrahim Buba of the Federal High Court of perverting the cause of justice in a suit filed against it by an alleged debtor.

    It petitioned the National Judicial Council (NJC), the Economic and Financial Crimes Commission (EFCC), and the Department of State Security (DSS), alleging professional misconduct.

    But the court’s Deputy Chief Registrar Mr Bello Okandeji, told The Nation that was yet to get a copy of the petition to be able to react. He promised to “find out”.

    The bank said the judge “turned the law upside down” in a judgment in the debtor’s favour.

    Union Bank said the judgment “appears most unreasonable and difficult to understand, thereby conferring benefit to the unrighteous at the expense of the righteous…”

    The petitioner claimed that the judge by the judgment, exposed it to a great risk, as the loan facilities extended to the company was part of its depositors’ and shareholders’ funds.

    It urged the NJC and anti-graft agency to intervene, saying it cannot afford to lose such huge amount of money.

    The bank said it granted a loan facility amounting to the sum of $68millionto to a property company, whose alter ego is an Indian national, for the building of a commercial property in Abuja, which is said to have been completed.

    “The loan remains unserviced with an outstanding balance currently standing at the sum of $81,941,230.84 as at February 7, 2018,” the bank said in a statement.

    Union Bank said the debtor had at the time of obtaining the loan provided two legal mortgages as collateral. The facility, according to the bank, had a four-year tenor and was meant to expire on April 30, 2015.

    According to the petitioner, the loan was disbursed in dollars and the interest was initially fixed at 15 per cent per annum, with payment to be done through proceeds from the Abuja property, from the rental proceeds of properties in Lagos and Abuja, and from the company’s other businesses.

    The bank said the loan was restructured, but the company allegedly persisted in its default to repay the loan.

    “At one instance, in a letter dated June 28, 2016 the defaulting company acknowledged its indebtedness to the bank by admitting owing $61.089million and was proposing repayment pattern of N250 million and N388,890 million in five installments. But the loan increased to $81.941,230.80 due to lack of servicing,” the bank said.

    Union Bank said the debtor filed a suit against it at the Federal High Court in Lagos, seeking 12 reliefs, including “a total reversal of the obligation of the defaulting customer”.

    The bank accused Justice Buba of making “contrasting findings by declaring the loan facility illegal, voiding the legal instrument/agreement of the loan and granting an order of perpetual injunction to restrain the bank from exercising its right to appoint a receiver even when the court also held that the amount owed to the bank must be paid…”

    “By so doing, Honourable Justice Buba somersaulted severally in the judgment,” the bank said.

    According to the bank, the judge also made “an order of perpetual injunction restraining the defendant (Union Bank) or its agents from enforcing the loan agreement executed by the plaintiff,” among others.

    The petitioner claimed that the judge was unable to balance the interest of both parties because the risk assets that would have been used to recover the loan was “fully destroyed” by the judgment.

    The bank also accused the judge of failing to release the judgment until March 22 this year, 22 days from the date he delivered the judgment, which Union Bank said was in violation of Section 294(1) of the 1999 Constitution.

    This, the bank said, affected the perfection of its appeal at the Court of Appeal.

    The petitioner said the judge made another order that parties should maintain status quo “without giving the defendant enough opportunity to even appear in court or be represented by counsel”.

    The bank faulted the judge in holding that the contract of credit facilities in foreign denominated currency between the bank and the company was illegal.

    It said the judge “somersaulted in law when he held that the outstanding indebtedness of the company be converted to naira at the prevailing exchange rate of N158 to a dollar being the prevailing rate at the time the credit facility was availed to the company in March, 2011.”

    The bank added that the judge allegedly misinterpreted the law by holding that the bank’s granting of credit facilities in US Dollars and demanding it is prohibited under the Central Bank of Nigeria (CBN) Act.

    The judge was also accused of holding that an upward review of interest rate did not form part of the agreement between the parties to the loan.

    The bank said it referred to the agreement via a letter dated June 28, 2016 where the company admitted that payment should be in dollars, and despite not being controverted, the judge allegedly did not take it to account.

    The Deputy Chief Registrar, when asked if the court would react to the petition, said: “With respect to the said petition, I am yet to get a copy. I will find out tomorrow (today) please. You may also wish to see me in the office tomorrow.”

  • Honeywell vs Ecobank: Why judge suspended proceedings

    Justice Idris of the Federal High Court in Lagos has ordered stay of proceedings in a suit filed by Honeywell Flour Mills Plc and its sister companies against Ecobank Nigeria Ltd. This follows the directive of the Court of Appeal, reports JOSEPH JIBUEZE.

    The Court of Appeal in Lagos on March 20 ordered Justice Mohammed Idris of the Federal High Court in Lagos to suspend further hearing of a N5.5billion debt case between Honeywell Flour Mills Plc, its sister companies and Ecobank Nigeria Limited.

    Ecobank had accused the judge of bias, saying it had no faith in him to do justice in the case.

    The bank had written the court’s Chief Judge asking that the case be re-assigned to another judge.

    Praying Justice Idris to recuse himself from adjudicating the case, Ecobank it had several reasons to believe that it would not get justice from the judge.

    It clarified that the application to transfer the case and recuse himself was not an attack on the judge’s integrity.

    But, the judge refused to recuse himself. He held that he would hear the case. Dissatisfied, Ecobank appealed to the Court of Appeal. It also asked the Court of Appeal to order a stay of proceedings at the lower court.

    In an additional further affidavit in support of its application for stay of proceedings, deposed to by a lawyer in Ogunba’s firm, Helen Atulukwu, Ecobank told the Court of Appeal that while the appeal was pending, Justice Idris continued to hear the case.

    The deponent recalled that last July 12, the case came up before at the Court of Appeal, during which Ecobank’s lawyer informed the Justices of the pendency of its motion on notice seeking an order staying proceedings before the lower court.

    The Court of Appeal, instead of hearing the application, held that it would “abide hearing of the appeal”.

    When the case came up before Justice Idris, Ecobank’s lawyer informed the judge of the Court of Appeal’s directive to “abide hearing of the appeal”.

    Last October 26, Justice Idris ordered parties to address him on the meaning of the Court of Appeal’s directive, especially as it relates to the meaning, effects and import of “application shall abide the hearing of the appeal”.

    Last December 21, Justice Idris delivered a ruling in which he held that trial would go on. According to the deponent, the judge did so “despite being informed of the decision of this Honourable Court (Appeal Court) made on the 12th of July, 2017”.

    Ecobank said on February 7, Justice Idris “proceeded with hearing and continuation of trial in the suit and even delivered various bench rulings, after which his Lordship adjourned the matter to the 8th day of February, 2018.”

    The bank further stated that Justice Idris, on February 8, “proceeded with further hearing and even trial of the suit of this appeal by going ahead with the examination-in-chief of the appellant’s herein subpoenaed witness.”

    The bank added the judge “also delivered various bench rulings despite the pendency of the appellant’s application to stay proceedings at the lower court before this Honourable Court and adjourned to the 14th day of February, 2018 for further proceedings”.

    The deponent stated that on February 14, Justice Idris also continued with the hearing with the cross-examination of the subpoenaed witness, and subsequently adjourned until March 12 and 16 for continuation of trial.

    “The depositions herein contained are for this Honourable Court’s record,” the deponent said.

    When the case came up at the Court of Appeal on March 20, parties adopted their briefs.

    Ecobank’s lawyer, George Duru, urged told the Justices – Yargata Nimpar, Ugochukwu Ogakwu and Abimbola Obaseki-Adejumo – to direct Justice Idris to await the appellate court’s verdict.

    “In view of the fact that proceedings are coming up on March 29, 2018, I urge the court to direct the lower court to await the judgment of this court,” Duru said.

    Honeywell’s lawyer Olabode Olanipekun did not object. “I have no objection,” he said.

    The Court of Appeal then directed: “In view of this appeal having been argued and the subject-matter which touches directly on the trial judge continuing with the proceedings, the court hereby directs the trial court to await the judgment of this court before proceeding with the trial. Just out of respect for hierarchy of courts. Judgment is reserved.”

    Ecobank withdrew its application for stay of proceedings.

    When the case came up before Justice Idris on March 29, Ecobank’s lawyer, Mr Divine Agbua, told the judge that the Court of Appeal directed him to suspend further hearing.

    Olanipekun confirmed that the Court of Appeal directed that the case be halted “out of respect for the hierarchy of courts.”

    Justice Idris then ordered a stay so as to await the Court of Appeal judgment. He ruled: “As a trial court, subordinate to the Court of Appeal, this court shall abide by the orders made by the Learned Law Lords of the Court of Appeal.

    “This court shall, therefore, await the judgment of the Court of Appeal in this matter before further proceedings are continued herein.

    “In the circumstances, further proceedings in this matter are hereby adjourned pending the determination of the appeal.”

    While Ecobank is claiming that Honeywell Group was indebted to it to the tune of N5.5billion, out of which N3.5billion had been paid, the plaintiffs’ are contending that they had repaid the debt in full.

    Honeywell Group chairman Dr Oba Otudeko, who was subpoenaed, told the court that his companies owed Ecobank individually. The firms are Anchorage Leisures Ltd, Siloam Ltd and Honeywell Flour Mills.

    Otudeko said: “The plaintiffs were individual customers of the defendant and had personal outstanding exposures to the defendant.” He insisted that his companies had paid N3.5billion as of December 12, 2013 as the full and final payment for the N5.5billion debt as agreed by the parties at a July 22, 2013 meeting.

    But the bank said the group did not repay the debt in line with an agreement that the payment must be made before Central Bank of Nigeria (CBN) examiners left the bank.

    The bank, therefore, refused to remove Honeywell Group’s name from its debtors’ list. It also threatened to publish Honeywell’s name as a chronic debtor.

    Honeywell Group had petitioned the Legal Practitioners Privileges Committee (LPPC), accusing Ecobank’s lawyer Kunle Ogunba of filing a “multiplicity” of suits against its sister companies.

    But while the LPPC stripped Ogunba of his SAN rank, the Nigerian Bar Association (NBA) cleared him of any wrongdoing on two occasions – first under its former President Augustine Alegeh (SAN), and again under Abubakar Mahmoud (SAN).

    NBA found that Ogunba was not guilty of abuse of court process, as the companies were sued as separate corporate entities.

  • Malami, Falana to judge: shun threats

    Legal fireworks will begin on Monday in the suit challenging the legitimacy of the National Assembly’s decision to amend the Electoral Act.

    In contention, particularly, is the reordering of the 2019 general elections sequence as announced by the Independent National Electoral Commission (INEC).

    Justice Ahmed Mohammed of the Federal High Court sitting in Abuja set the date yesterday during the resumed hearing of the suit filed by Accord Party.

    He directed parties in the suit – the National Assembly, the Attorney General of the Federation (AGF) and the Independent National Electoral Commission (INEC) – to within 48 hours respond to the plaintiff’s adress. He gave the plaintiff till Friday to file further replies to the defendants should there be the need.

    During the hearing, Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami and Mr Femi Falana (SAN) frowned at the attempt by the Senate to undermine the Judiciary following last Wednesday’s order by Justice Mohammed restraining the Legislature from acting on the Electoral Act (Amendment) Bill, 2018.

    The Senate last week took exception to Justice Mohammed’s injunction, saying his action was an obstruction to its constitutional assignment.

    It resolved to report Justice Mohammed to Chief Justice of Nigeria (CJN) Walter Onnogen through an official correspondence.

    Malami amd Falana described the development as “sad” and urged Justice Mohammed to ignore whatever threat anyone might have made.

    Malami said: “I must say that the resort to intimidation and threat by one arm of government to the other, particularly the Senate, with regards to the powers of your lordship to discharge your duty, is indeed a sad development.

    “This is so, most especially, when parties have submitted to the jurisdiction of this court. We have a collective duty and responsibility in the circumstance, to support the entrenchment of the principle of separation of powers and to further say that we are in support of the Judiciary as far as this matter is concerned.

    “The independence of the judiciary is constitutionally-guaranteed and we must work to see to it that that independence is sustained.”

    Falana said: “We concur as far as the urgency and significance of this case is concerned.

    “With respect to observations of the AGF regarding threats or comments made outside the precincts of this court, I will humbly urge your lordship to ignore such developments so as to avoid being drawn into unnecessary controversies.”

    Malami was in court to represent himself. He is  the 2nd defendant. Falana is the INEC (3rd defendant) counsel. Chief Wole Olanipekun (SAN) represented the plaintiff. Mr. Joseph Daudu (SAN) represented the first defendant (National Assembly).

    Malami said his presence in court underscored the importance of the case and the need for its prompt determination.

    Justice Mohamed took arguments from parties on a joinder application filed by the Action Peoples Party (APP), which argued that it was a necessary party to the case.

    The judge dismissed the application on the grounds that APP was not a necessary party.

    The judge said: “The first defendant (National Assembly), in my view, is competent to defend the suit without any political party being made a party.”

    Justice Mohammed refused the applicant’s argument that all registered political parties were entitled to be joined as parties to the suit since the subject matter bordered on the 2019 general elections.

    He noted that APP’s defence in the case would not be different from that of the National Assembly, by whose defence the case could be “completely” determined.

    The judge added that APP’s desire to be made a party in the suit “does not qualify it to be joined as a party”.

    The Senate and the House of Representatives passed an amendment to the Electoral Act which reordered the sequence of elections against the plan announced by INEC.

    But President Muhammadu Buhari vetoed the Bill, a decision which the lawmakers said they would resist by overriding the presidential veto.

    Yesterday, the court made no reference to the injunction restraining the lawmakers from overriding the presidential veto.

     

     

  • Senate reports judge to CJN

    The Senate yesterday resolved to write to Chief Justice of  Nigeria(CJN) Justice Walter Onnoghen, over alleged excesses of some judicial officers in cases involving arms of government.

    Senators decided to draw the attention of the CJN to the ruling of an Abuja Federal High presided over by Justice Ahmed Mohammed which restrained the National Assembly from overriding President Muhammadu Buhari’s veto on the amendment of the Electoral Act, 2018.

    Justice Mohammed on Wednesday ordered parties in the suit not to take steps that would affect the res (subject) of the suit.

    The Court restrained the National Assembly from further action on amendment of the Electoral Act pending the determination of a suit filed before it by Accord Party.

    It further ordered parties to the suit to maintain status quo antebellum, at least between now and the next adjourned date, Tuesday.

    The Senate said that it was wrong for the court to stop the National Assembly from taking further action on the Electoral Act Amendment Bill.

    The resolution followed the adoption of a Point of Order raised by the Minority Leader, Senator Godswill Akpabio on the court order.

    Akpabio said: “I have perused the Constitution and I cannot see anywhere that the court has the power to stop the proceedings of the Senate.

    “If this is allowed, it therefore means that in future the court can stop the National Assembly from appropriating and the country will have no budget for that year.

    “Separation of powers is a core of democracy so there is need for the Chief Justice to caution legal officers on issuing such orders geared towards interfering with other arms of government.’’

    Senate Leader Ahmed Lawan said “Institutions should rather do things that should enhance our democracy. The issue at stake does not require court intervention because this is democracy at work. The court should hands off what we do in the National assembly. it is when we have finished and we have a law that the court feels that there are issues that they can interpret.’’

    The Senate leader added that though he voted against the Bill, the time was not ripe for the court to come into the matter when a law had not been made for its interpretation.

    Senate President Bukola Saraki  “The issue is clear and the principle is clear; what is important is building democracy and building our institutions.

    “We will come and go but the institutions will remain. So it is imperative that everybody must work towards sustaining the institutions. We will express our concern to the Chief Justice of Nigeria.’’

    When the matter was put to vote, it was overwhelmingly supported.

  • Kogi West Senatorial poll: NJC panel probes judge

    Kogi West Senatorial poll: NJC panel probes judge

    •Asks Senator Adeyemi to produce call logs
    •Panel may summon Saharareporters publisher

    A three-man panel of the National Judicial Council (NJC) at the weekend began investigation into the conduct of a judge, Justice Akon Ikpeme of the Cross River State High Court.

    The judge is being investigated for alleged bribery compromise with the senator representing Kogi West zone, Dino Melaye, when she handled election petition case in 2015.

    The panel also took evidence from a former Chairman of the Senate Committee on Federal Capital Territory (FCT), Sen. Smart Adeyemi and the Chairman of the Civil Society Network Against Corruption, Olanrewaju Suraju.

    But the panel, headed by the President of the National Industrial Court (NIC), Justice Babatunde Adeniran Adejumo, gave a two-week deadline to Adeyemi to produce call logs of purported telephone conversations between the judge and Senator Melaye.

    There were indications that the panel may invite the publisher of an online publication, Saharareporters or any of its representatives, to testify on the tape it aired on its channel alleging conversation between the judge and Melaye.

    According to findings, the NJC raised the panel following petitions to it by both the Civil Society Network Against Corruption and Adeyemi.

    Investigation revealed that for about four hours at the NJC Conference Room, the panel heard from the petitioners and the judge who maintained her innocence at the session.

    She denied any telephone conversation on alleged dollar bribe between her and Melaye.

    A reliable source, however said: “There were two issues which were tabled before the panel on the purported conversation between Melaye and the judge.

    “The issues bordered on the judge’s alleged demand for bribe in dollars from Melaye and assistance from Melaye to use his influence to assist her ‘daughter’ secure a job at the Cross River State Ministry of Health by prevailing on Governor (Sen) Ben Ayade.

    “While the judge claimed that the voice allegedly identified as hers might have been technologically cloned, Adeyemi asked the panel to ask the relevant service provider to make the call logs of the judge and Melaye available as appropriate.

    “But upon enquiries from the defence lawyers (two Senior Advocates of Nigeria) and the panel, Adeyemi promised to produce the call logs within two weeks.

    “The panel may also invite Saharareporters and other television stations which aired the alleged conversation between the judge and Melaye.

    “The fate of the judge will be known in two weeks’ time based on the evidence tabled before the panel.”

    The Civil Society Network Against Corruption petition before the NJC reads in part: “An online based newspaper, Sahara Reporters reported and published a supposed voice conversation on the 30th day of May, 2017 of how Senator Dino Melaye representing the Kogi West Senatorial District compromised Justice Akon Ikpeme, the tribunal judge who handled his election petition case in 2015.

    “The said report claimed that the alleged corrupt communication between the duo was captured on tape which has gone viral on social media.

    “In the said recordings, which capture the telephone conversation between Justice (Mrs) Akon and Mr. Melaye, at two different times, the judge is overheard asking Mr. Melaye to give her a bribe in US dollars.

    “She also sought Mr. Melaye’s assistance for a person he repeatedly referred to as her ‘daughter’ secure a job at the Cross River State Ministry of Health, with the Senator reassuringly bragging that he had already spoken to the State Governor, Prof. Ben Ayade.

    “It is worth noting that sometime in 2016, Justice Ikpeme dismissed a petition by Smart Adeyemi, Mr. Melaye’s opponent at the 2015 Kogi West Senatorial District election. In accordance with the plot of reaffirming the alleged electoral infractions associated with the emergence of Mr. Melaye, the election tribunal, in spite of the fact that only Senator Melaye retained his seat as a Senator in the state, the other two senators elected under same circumstances as Mr. Melaye were nullified by the tribunal.

    “In view of the gravity of the allegations viz- a- viz the recent allegations of bribery against the said Senator Melaye, as evident in the voice contained in the leaked audio recordings, we urge you to urgently commence high-powered investigation by a team of forensic experts and investigators into these allegations to assuage the growing diffidence of the citizens in the fight against corruption.”