The Nation Newspaper

Tag: judgment

  • For Tompolo, judgment day beckons!

    SIR: Recall that the Economic and Financial Crimes Commission (EFCC) had filed a 40-count charge against 46-years old ex-militant, High Chief Government Ekpemupolo (aka Tompolo) and nine others before Justice Ibrahim Buba of the Federal High Court, Lagos. But due to his absence since the arraignment of his fellow accused, Justice Buba had issued a bench warrant for his arrest and production in court.

    Further, relying on Administration of Criminal Justice Act 2015, the court ordered forfeiture of properties belonging to Tompolo pending when he appears in court. Some of the properties affected by the forfeiture order include a River Crew Change Boat named MUHA – 15, the property known as “Tompolo Dockyard”, the property known as “Tompolo Yard” in Warri, the Diving School at Kurutie at Escravos River, the property known as “Tompolo House” at Oporaza Town, amongst others.

    Subsequently, Tompolo approached the court for an order restraining the prosecuting agencies from further proceeding with the charges against him contending that Sections 221 and 306 of the Administration of Criminal Justice Act, 2015 which prohibits him from seeking a stay of proceedings in his criminal trial infringed on his constitutional right to fair hearing.

    Tompolo had chosen to exercise his constitutional right by applying to court in the suit before Justice Olatoregun of the Federal High Court, Lagos who had adjourned to July 14, for delivery of ruling on his application. In the aforesaid fundamental rights suit filed by Tompolo, who had been declared wanted since Feb. 12, 2016 by the Economic and Financial Crimes Commission (EFCC), he seeks the court’s protection against prosecution over an alleged N45.9 billion fraud. Joined as respondents in the suit are: Inspector-General of Police, Chief of Army Staff, EFCC, Chief of Naval Staff and Chief of Air Staff.

    It is left to be seen how the recent ground breaking decision of the apex court upholding the provisions of Section 306 of the Administration of Criminal Justice Act, 2015 and Section 40 of the EFCC Act prohibiting Nigerian courts from granting stay of proceedings in criminal trials will influence the application filed by Tompolo. The position of the Supreme Court was taken by distinguishing the case of Bukola Saraki V. FRN (2016) 3 NWLR (PT. 1500) SC 531 on the basis that the Code of Conduct Tribunal wherein same emanated is not a superior court of record, but only a court of quasi-criminal jurisdiction, while dismissing an appeal on an application for stay of proceedings filed by the former National Publicity Secretary of the People’s Democratic Party, Olisa Metuh.

    In the lead ruling delivered by Justice Clara Ogunbiyi, the apex court resolved that it is simply logical to interpret the spirit of the provision of Section 36(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to translate that where the grant of an application for stay will unnecessarily delay and prolong the criminal proceedings, same should not be granted.

    But from all indications, whatever the outcome of the July 14, ruling is, Tompolo will rather remain in his hideout for much longer for fear of sharing a similar fate as Ibrahim Yaqoub El Zakzaky, the leader of the Islamic Movement of Nigeria who is still in detention despite court’s pronouncement for his release. For how long?

     

    • Michael O. Ogunjobi Esq.

    Lagos.

  • Judgment on my election missing, says Rivers senator

    The Senator representing Rivers East senatorial district, George Thompson Sekibo, yesterday raised the alarm that the judgment of the Rivers State Elections Petition Tribunal that ordered his removal from the Senate could not be accessed.

    A three-man panel sitting in Abuja sacked Sekibo and declared Hon. Andrew Uchendu, the petitioner, winner of the senatorial election.

    The tribunal ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Sekibo and issue a fresh certificate of return Uchendu.

    The tribunal held that the petitioner won the lawful majority vote cast during the Rivers Re-run legislative election of December 10, 2016.?

    Sekibo told reporters in Abuja yesterday that he would appeal the judgment to obtain justice.

    He noted that he and his team of lawyers have made several attempts to the tribunal to obtain the judgment but were told that judgment was missing.

    He said: “I have the right to appeal and we have made several attempts to the tribunal to obtain the judgment but they said it is missing and my judgment is the only one not seen. They have done their best and the onus is on me to appeal the judgment.

    “I want to appeal to the panel to bring out the judgment they delivered on my matter. If my judgment continues to be missing, it is violation of justice and infringement on my fundamental human rights.”

    He said the judgment was delivered by 9pm on June 28.

  • ALGON set to appeal $315.6m judgment debt 

    The Association of Local Government of Nigeria (ALGON) has dissociated itself from a $315m judgement debt.

    ýThe association spoke after it National Executive Council (NEC) meeting in Abuja. It also passed a vote of confidence on its leadership led by Alhaji Ibrahim Ahmad Karaye.

    Justice Valentine Ashi of a High Court of the Federal Capital Territory had in his judgement  ordered the Central Bank of Nigeria (CBN) to pay $318, 807,950.696 to Riok Nigeria Limited and two lawyers.

    ýRiok was said to have executed some contracts for ALGON which were not paid for.

    But ALGON, through its National Presidentý, Alhaji Karaye, its National Secretary General/ Director of Legal Services, Mrs. Evan Enekwe, described the contracts for which Riok Nigerian Limited got judgement in its favour as doubtful and unverified.

    ALGON said: “ALGON passes a vote of confidence on the current. Executive under the leadership of Alhaji Ahmad Karaye, who is the National President of the Association,

    “ALGON expresses satisfaction and endorses the initiative and reconciliation of NEC and ALGON Board of Trustees (BOT).

    “ALGON hereby dissociate itself from all claims and doubtful. Contracts purportedly awarded for projects that are yet to be verified; and consequently denies liability and direct NEC to take immediate stepsý to appeal against all such judgements that constitute impediment on the release of external debts deductions refund to local government councils”.

    The association also ask its President, Alhaji Karaye and his Executive to pay solidarity visits to states and IDPs in the North-East geo-political zone of Nigeria affected by the Boko Haram insurgency.

  • Court fixes July 6 for judgment over Peace Corps boss’ detention

    A Federal High Court in Abuja yesterday fixed July 6 for a judgment on the fundamental human rights enforcement suit brought by Peace Corps of Nigeria against the police and other security agencies over the arrest and detention of the group’s leaders on February 28, 2017.

    In the suit filed by Chief Kanu Agabi (SAN), the Peace Corps boss, Mr. Dickson Akoh, is demanding N2 billion as compensation for the embarrassment caused the Corps by the arrest and detention.

    Other reliefs sought by the corps include that the court should declare that it is entitle to fundamental rights to acquire and own properties, organise lawful assembly and freedom of movement.

    The defendants in the suit are: the Police, Inspector -General of Police, National Security Adviser, the Directorate of State Services (DSS) and its director-general as well as the Attorney-General of the Federation.

    When the matter came up for hearing yesterday, Agabi raised some questions for determination

    He said: “The question for determination is whether the first applicant (Peace Corps) is a legitimate organisation

    “The respondents conceded that this is true, but only concerned that the organisation is engaged in paramilitary activities without substantiating them.

    “I submit that the respondents are unable to substantiate their allegations.I urge my lord to grant all the reliefs sought by the applicants.”

    Agabi said exhibit attached to the proof of evidence was a police report, which states that the activities of the organisation were legal.

    He added that no appeal was recorded against the judgments won by the applicants.

    Counsel to first and second respondents David Igbodo submitted that he had filed a counter-motion in opposition to the applicants’ claims.

    “We urge this honourable court to dismiss the application. The affidavit of 90-count charge bordering on money laundering, training of militia and engaging in illegal activities, are pending before a high court.

    “Their case is lacking in merit and of no consequential order,” he said.

    Oyinkole Oshd, counsel to third to sixth respondents, held that in view of Section 35 1c, the arrest and detention can’t be said to be unlawful having been made upon a reasonable suspicion of committing a crime.

    After listening to the submissions, Justice Gabriel Kolawole fixed July 6 for judgment.

  • Court sets aside $2.5b judgment awarded to Shell, Esso against NNPC

    Court sets aside $2.5b judgment awarded to Shell, Esso against NNPC

    •Judges say oil firms can’t determine what to pay as tax
    •FIRS’ sole right to assess petroleum profit tax upheld

    THE Court of Appeal in Abuja has set aside a portion of an arbitral award got by Shell Nigeria Exploration and Production Limited (Shell) and Esso Exploration and Production Limited (Esso) against the Nigerian National Petroleum Corporation (NNPC).

    By the portion of the award, made by an arbitration tribunal in Lagos on October 24, 2011, NNPC was ordered,  among others, to pay Shell and Esso over $2.5 billion for abusing a Production Sharing Contract (PSC) between them in relation to the operation of an oil field identified as Erha Deepwater Project.

    Shell and Esso particularly accused NNPC of assuming their responsibilities, under the PSC, including determining what should be paid to the Nigerian government as petroleum profit tax (PPT), and that in so doing, NNPC over-lifted petroleum products valued at $1,207,500,000 to pay its unilaterally assessed tax on their behalf (Shell and Esso).

    On learning about the Shell and Esso case against NNPC, which will require it to refund the tax paid to it by NNPC on behalf of Shell and Esso, the Federal Inland Revenue Service (FIRS) went before the Federal High Court in Abuja to challenge the aspect of the arbitral proceedings relating to tax issues.

    The arbitration tribunal, at the end of its proceedings on October 24, 2011, ordered NNPC to pay Esso and Shell $1,799,000,000, “with simple interest at the rate of 30-day LIBOR plus four per cent from December 17, 2007 (the date of breach) until April 30, 2011,” estimated at $243,000,000.

    It asked NNPC to pay another “simple interest at the rate of 30-day LIBOR plus four per cent on the $1,799,000,000 from April 30, 2011 up until the date of payment;” and a further “sum determined by the volume and value of over-lifting by the respondent that has taken place since April 30, 2011 and until the date of this final award, plus simple interest at the rate of 30-day LIBOR plus four per cent from April 30, 2011 up until the date of payment”.

    However, in his judgment on March 9, 2012 on the suit by FIRS, Justice Adamu Bello (now retired) of the Federal High Court, Abuja set aside the October 24, 2011 arbitral award/judgment on the ground that the arbitration tribunal lacked the jurisdiction to have entertained dispute relating to tax, a decision Shell and Esso appealed to the Court of Appeal, Abuja.

    The Court of Appeal, in a unanimous judgment of a three-man panel on March 10 this year, a copy of which The Nation accessed last Friday, set aside the monetary award against NNPC, held that oil companies lacked the power to determine what profit tax to pay and that such responsibilities reside solely with the FIRS under the country’s laws.

    Justice Emmanuel Akomaye Agim, in the lead judgment, faulted the exercise of jurisdiction over a tax related dispute by an arbitration tribunal.

    He noted: “The payment of petroleum profit tax (PPT) by parties to a production sharing contract is not governed by the Arbitration and Conciliation Act.

    “The assessment and determination of the PPT payable and the collection of such tax are governed by the Federal Inland Revenue Service (FIRS) Act and Petroleum Profit Tax (PPT) Act.”

    Justice Agim said FIRS was right to have challenged the arbitral proceedings while it was still on, because it relation to tax dispute, which an arbitration tribunal lacked jurisdiction to entertain.

    He said the order by the arbitral tribunal that NNPC cease making tax payments inconsistent with PPT returns prepared by the appellants, one of the reliefs claimed for by the appellants in the tribunal, takes away the discretionary power given the FIRS by Section 35(2) & (3) of the PPT Act, to accept returns filed with it and assess a tax payer’s tax liability on the basis of them or refuse to accept the returns, assess the tax payable on its own best judgment.

    Justice Agim said: “This relief has the effect of taking away completely the 1st respondent’s statutory power to assess and determine the tax payable vested in it (FIRS) by Section 35, 36 and 37 of the PPT Act and Section 43(1) of the same Act, which makes the assessment by the 1st respondent final and conclusive.

    “The order defeats the operation of sections 52 and 53 of the PPT Act, which makes the filing of inaccurate PPT returns an offence.

    “Therefore, the duty of the parties to the PSC to pay the PPT for the contract area and the exercise of the statutory powers of the 1st respondent to assess, determine and collect petroleum profit tax from oil producing companies in Nigeria and the non-refundability of paid PPT, except the part considered as overpayment, not arbitrable,” Justice Agim said.

    He faulted the decision by Shell and Esso to refer to an arbitration tribunal, their grievance over the way NNPC handled the issues of tax assessment and payment.

    Justice Agim noted where oil companies have issues with tax assessment by FIRS, they can, by virtue of the provisions of sections 42 and 43 of the PPT Act, appeal to Tax Appeal Commissioners, and further to the Federal High Court for the finality and conclusiveness of the assessment.

    He said: “On the whole, this appeal succeeds in part and fails in part. The judgment of the Federal High Court at Abuja in suit No: FHC/AB/CS/764 delivered on March 9, 2012 by A. Bello J. (Justice A. Bello), nullifying the entire arbitration agreement between the appellants and 2nd respondent, the arbitration proceedings and the award is hereby set aside, except as it affects the request or claims for reliefs F, H and I in the arbitration proceedings and the award of the same reliefs by the arbitral tribunal.

    “For the avoidance of doubt, the judgement nullifying the request for reliefs F, H & I in the arbitration proceedings and the award of these reliefs by the arbitral tribunal is upheld and affirmed.

    “The part of the judgment dismissing the preliminary objection to the jurisdiction of the Federal High Court to entertain and determine the suit is affirmed and upheld in respect of the request for reliefs F, H & I in the arbitration proceedings,” Justice Agim said.

    Justices Tinuade Akomolafe-Wilson and Tani Yusuf Hassan, who were on the panel, agreed with Justice Agim’s reasoning in the lead judgment.

  • Anambra APGA youths protest judgment

    Youths of the All Progressives Grand Alliance (APGA) in Anambra State have protested the judgment of an Enugu High Court against the party.

    The National Youth Leader, Comrade Chinedu Anselem Nebeife, who spoke at a rally at the weekend, said the party will not succumb to people bent on frustrating Governor Willie Obiano’s re-election.

    His words: “We are gathered here to draw the attention of an unsuspecting world to the activities of a satanic cabal intent on the perennial suppression and oppression of the people of Anambra State.

    “Today, we are gathered here to make a definite statement against this evil cabal intent on undemocratically thwarting the cause of good governance, and the rapid, monumental delivery of the dividends of democracy by the Willie Obiano administration.

    “Today we are gathered to defend the cause of true democracy and the rule of law against a cabal whose stated interest is to take over Anambra State by crook or by hook, and begin the satanic enslavement of our people and the systematic destruction of our collective heritage and patrimony.

    “This cabal of expired politicians we are talking about gathered at Finotel, Awka, a few days back, and made it clear that they will go to any extent to rig the November 18 Anambra governorship election by thwarting the cause of democracy and the rule of law.

    “But I appeal to you to remain calm and law abiding, irrespective of this provocative judgment, as our lawyers have been instructed to do the needful and vacate that illegal judgment. And we are confident in their capacity to ensure the victory of justice over injustice. We are also confident that President Muhammadu Buhari’s administration’s war against corruption in the judiciary will guarantee our victory.

    “The National Chairman of APGA still remains Dr. Victor Ike Oye. Any other person attempting to lay claim to that office is nothing but a stupid, frustrated and useless pretender.

    “We are glad to say that his leadership has repositioned our party and reset it on the path to greater achievements, beginning with the re-election of Governor Willie Obiano for a well-deserved second term in office.”

    “Finally, let it be on record that we have spit fire, we APGA Youths, Igbo Youths, that if this order of mandamus is not vacated within 21 days, we would occupy the streets like the Egyptians did during the days of Mubarak, where the people protested until justice was done.

    “We call on APGA youths, Igbo youths, and Anambra youths, to rise up in defence of our collective heritage.”

  • Bindow and the Supreme Court judgment

    SIR:Now that Adamawa state Governor Muhammadu Umaru Jibrilla Bindow has finally put behind him the court cases that have trailed his government for a long time, Adamawa people expect him to assert full authority; put a strong personal stamp on his government and take full responsibility of any actions or inactions of his government as the doors of excuses of distractions by court cases are now completely closed.

    Nyako’s attempt to make a comeback is merely continuing an old political rivalry between himself and former vice president Atiku Abubakar which dates back to 2003; it is also an attempt by the Nyako group to settle personal scores.

    To be fair to the Nyako group, they have reasons to be aggrieved. In the build-up to the 2015 elections, a very small committee was setup to shop for a saleable governorship candidate- three names emerged- Dahiru Bobbo former Director General of National Boundary Commission, Boss Mustapha, APC chieftain and Tahir Mamman former DG, Law School, Yola campus. Bindow’s name was not even on the list. The Nyako group had to field Bindow during the primaries as they did not have an option, because among all the contenders, it was only Bindow who openly opposed Nyako’s impeachment and the group felt they could be at home with him. Atiku, in his political reasoning opted for Ibrahim Yayaji Mijinyawa, probably because of loyalty. In fact, the APC governorship primary election was a contest between Atiku and Nyako. Governor Bindow won *  the APC governorship primaries solely by relying on former governor Nyako’s political structures. And twice, Bindow beat Atiku Abubakar’s preferred candidate, Yayaji Ibrahim Mijinyawa in the primaries. But Atiku now pull the strings.

    Some political observers are of the view that Governor Bindow appears ‘self-assured’ in the murky waters of Adamawa politics, because he thinks, once one has Atiku’s group by his side- most political opponents can easily be dealt with because of Atiku’s immense war chest and history of successes in political legal battles that easily scares off his opponents.

    Both supporters and antagonists of Adamawa state governor, share a common view –  that governor Bindow has performed well so far, and he is doing well especially, in terms of infrastructure development. But Bindow has also failed woefully, notably in the political arena- he made a political blunder in his failure to manage the widening division within his own party and the growing disconnect between him and some political bigwigs in the state. Governor Bindow erred by side-lining many members of the legacy parties- ACN, CPC and the ANPP. The only political bigwig the governor rollicks with is former vice president Atiku Abubakar. I

    With the Nyako court cases closed, in few months, we will see Bindow’s true face. Will he prove his critics right and his supporters wrong?

    Zayyad I. Muhammad Jimeta,

    Adamawa State.

  • Electricity tariff: NERC loses bid to halt judgment

    Electricity tariff: NERC loses bid to halt judgment

    Justice Mohammed Idris of the Federal High Court in Lagos has refused an application by Nigerian Electricity Regulatory Commission (NERC) to stay execution of the judgment barring tariff increment.

    The court, on July 13, declared illegal the upward review of electricity tariff.

    It ordered a reversal and restrained NERC from further increasing the tariff, except in compliance with the Electricity Power Sector Reform Act 2004 (EPSRA).

    “The upward increment in tariff was hasty and procedurally ultra vires,” said Justice Idris.

    NERC appealed the judgment and asked Justice Idris to make an order suspending execution.

    Justice Idris refused the application to stay judgment, describing the application as “unreasonable, lacking merit and therefore dismissed”.

    Activist-lawyer Toluwani Adebiyi challenged NERC’s bid to increase tariff in a suit of May 25 last year, following which Justice Idris granted an order barring tariff increase until the substantive suit was determined.

    But before the suit was determined, NERC and the electricity distribution companies (DISCOS), on February 1, increased the tariff by 45 per cent, which the court reversed.

    NERC and DISCOS have filed separate appeals before the Court of Appeal, Lagos Division, of which hearing will begin on January 9.

    Adebiyi prayed for an order mandating NERC to generate more power to meet the country’s power needs, and to develop a multiple long-term financing approach, sourced from banks, capital market, insurance and other sectors to finance the sector.

    The lawyer asked the court to mandate NERC to make available to Nigerians within two years, prepaid meters as a way to stop indiscriminate estimated bills.

    In a supporting affidavit, the plaintiff said despite NERC’s mission of “keeping the light on and to meet the needs of Nigeria for safe, adequate, reliable and affordable electricity,” most communities do not get more than 30 minutes of electricity supply daily.

    “The masses are paying an estimated and indiscriminate bills, ranging from N5,000 to N18,000, while spending an average of N15,000 to N20,000 for fuel to maintain generating sets weekly.

    “Businesses have collapsed, industries have closed down and residents cannot sleep comfortably at night due to inefficiency of our power industry.

    “Companies and commercial houses are groaning under throat-cutting power bills, which they are paying for, yet not getting benefits of such payment,” Adebiyi said.

  • Liman’s absence stalls judgment in ARCO vs Agip

    Liman’s absence stalls judgment in ARCO vs Agip

    The Federal High Court sitting in Port Harcourt yestrday failed to deliver judgment in a suit involving Arco Group Nigeria Limited and the Nigeria Agip Oil Company (NAOC), no thanks to Justice Mohammed Liman’s absence.

    Justice Liman is among the four judges accused of corruption.

    The Department of State Services (DSS) last weekend invaded the homes of the indicted jurists and detained them till Monday.

    ARCO, an indigenous engineering company, was a contractor maintaining Agip’s gas turbine facilities at OBOB, Kwali, in Omoku in Ogba/Egbema/Ndoni Local Government Area (ONELGA) of Rivers State, among others.

    Trouble started last year when Agip allegedly terminated the contract with ARCO and transferred it to PlanGeria, a foreign company, while their contract period with ARCO had reportedly not ended.

    ARCO’s efforts to make Agip reverse the situation were unsuccessful.

    ARCO sought the court’s interpretation of the contract agreement.

    Agip, pleaded the company, should be told to explain the reasons for its actions, in line with Nigeria’s local  content policy.

    Hearing had been concluded in the matter and judgment was fixed for last August before the courts proceeded on annual vacation.

    Justice Liman adjourned the matter till September 19 for judgement but it has been shifted six times.

    Following the annual retreat of judges of the Federal High Court, from September 19 at Abuja, courts did not sit and judgments were not delivered.

    It was shifted to September 23 but later adjourned till October 5. But the judgement appeared not to be ready that day as the judge, again, adjourned it till October 7, then to October 9, before that of yesterday, which also failed.

    Justice Liman’s Court 1 room was filled yesterday. Lawyers, litigants and reporters, who wanted to cover the ARCO vs Agip judgment had arrived before 9 a.m; others waited for the judge’s arrival till afternoon.

    Hopes were high with the court workers’ assurances that Justice Liman would come.

    But around 1 p.m, the court’s Deputy Chief Registrar announced that the court would not sit.

    New dates were given for each of the matters. That of ARCO vs Agip was fixed for October 14 for judgment.