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Tag: jurisdiction

  • Alleged N82.8m theft: Court hears motion on jurisdiction

    Alleged N82.8m theft: Court hears motion on jurisdiction

    An Ikeja  Court, will tomorrow hear  an application challenging its jurisdiction to try the Managing Director, Cross Country Limited(CCL), Chief Bube Okorodudu for an alleged N829 million theft.

    The Economic and Financial Crimed Commission (EFCC) preferred charge against Okorodudu, his company, Cross Country and Car Link Limited.     The commission alleged that Okorodudu and his company  stole  N82.9m which was the proceeds of  17 units of Volkswagen transporter buses belonging to AG Moeller Limited.  In the charge signed Mr. Francis Usani, the commission had alleged that Okorodudu stole the money from AG Moeller between February 13, 2008 and August 14, 2009.

      The EFCC claimed the buses were fraudulently sold to GMT Nigeria Limited; Multichoice Nigeria Limited; and Law Union and Rock/TFS Finance Limited. Okorodudu was said to have forged a document titled, ‘Nigeria Customs Service Motor Vehicle Duty Certificate’ with number A008911777 to facilitate the alleged stealing.

     The alleged stealing offence contravenes Section 390 of the Criminal Code Cap. C17 Vol. 2 Laws of Lagos State of Nigeria 2003. EFCC further claimed that other offences of forgery and uttering violated provisions of Sections 467 and 468 of the same law, respectively.

    Unfortunately since the  matter came before the court early in the year, the EFCC has not been able to arraign the defendant to take his plea. Rather the defendant thorough his counsel, Chief Roberte Clarke challenged the jurisdiction of the court to try him.

    Consequent upon the application the EFCC on March 3, asked the court for a bench warrant for the arrest of the Chief Bube Okorodudu. The request followed  the defendant’s alleged failure to appear in court for  the second time. At the hearing,  EFCC counsel, Emmanuel Jackson asked the court to issue a bench warrant against the defendant because on two occasions, failed to show up in court to take his plea. Clarke  opposed  the application,  insisting  that there is a subsisting application by his client challenging the jurisdiction.

    He argued that the proper procedure was for the court to first resolve the issue of jurisdiction before ruling on EFCC’s application for bench warrant. Chief Clarke submitted that the court cannot make pronouncement on a case where  its jurisdiction is still been challenged.

    After listening to both counsel, Justice Lawal-Akapo directed both counsel  to provide him with authorities to assist him in his ruling.

    He adjourned the matter till April 8, 2014 for ruling.

    But on the next adjourned date of April 8, 2014, a new twist was introduced into the matter as counsel to the defendant, Chief Ladi Williams (SAN), informed the court that both defendants were not served with the said application. Williams argued that his clients were legal personalities and had the right to be heard in the proceedings. He therefore requested for a short adjournment to enable the second and third defendants to be served with the application and file their replies.

    The EFCC counsel, Mr Emmanuel Jackson, while opposing the call for adjournment, noted that the bench warrant was being sought against only Okorodudu. “We never applied for any warrant against the second and third defendants. So they have no right to file written addresses on the issues we have raised. “The balance of convenience will weigh against the state if the defence keeps seeking for an adjournment even when the defendants are yet to be arraigned,” Jackson said.

    In a short ruling ,  Justice Lawal-Akapo ordered the EFCC to serve the second and third defendants with the said application and fixed ruling again on the application of the commission for bench warrant for April 28, 2014.

    At the resumed trial two weeks ago, Justice Lawal-Akapo declined to grant  the request by the EFCC for a bench warrant of arrest against Chief Okorodudu.

    The court cited a ruling of the Appeal Court, Sokoto Division to back its rejection of the application.

    He said the Court of Appeal in the matter  between Dr Attahiru Bafarawa and the state  “held that the presence of the accused can be dispensed with pending the hearing and determination of the application challenging the charge.

    “The lower court is bound by the decision of the higher court.

    “Therefore, the invitation to issue the bench warrant is declined and the application is hereby refused.”

    The trial judge thereafter adjourned the matter till May 7, 2014  for hearing of Okorodudu’s application which challenged  the jurisdiction of the court.

  • Minister raises District courts’ jurisdiction

    •Ombudsman Unit inauguration

    The Minister of the Federal Capital Territory (FCT), Bala Mohammed has approved the recommendations the Chief Judge of the Federal Capital Territory (FCT) High Court, Ibrahim Bukar for an increase in the jurisdiction of the District Court of Judges.

    The minister has accordingly signed into law, the increase in jurisdiction of District Court of Judges, and it is to be cited as the District Courts (Increase in Jurisdiction of District judges) Order 2014 and comes into force on February 14, 2014.

    The Head of Information, FCT High Court, Mrs Tabitha Kangiwa said in a statement that Justice Bukar’s recommendation to the minister  was pursuant to the provisions of Section 17 of District Court Act (Cap) 495) Laws of the Federation of Nigeria 1990 and Section 18 Paragraph (b) of the FCT Act Cap 503 laws of the Federation 2005 (Abuja).

    She explained that with the coming into effect of the new order, a Chief Judge I and II as well as District Judge I shall have and exercise jurisdiction in civil cases in all personal suit from contract or tort above the earlier value.

    “In the Order, any annual value of rent that do not exceed N5million is under the jurisdiction of Chief District Judge I, N3million in the case of Senior District Judge II and N1m in the case of District Judge I. The above shows an increase in the amount to what was obtainable in the courts prior to this Act. With the development, the Order of 1997 is revoked.

    “In view of this, the High Court of the FCT deems it fit to inform the general public of the order, duly signed by the Minister,” she said.

    Mrs. Kangiwa said the increase in the jurisdiction of District Judges in the FCT was last done in 1986 by the then Minister, Gen Jeremiah Useni (rtd).

  • Court to rule on jurisdiction in Baraje’s suit Oct. 10

    Justice Oludotun Adefowope-Okogie of a Lagos High Court, Ikeja, has fixed October 10 for ruling on the preliminary objection filed by the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, challenging the court’s jurisdiction to entertain a suit filed by a faction of the party, led by Alhaji Kawu Baraje.

    Justice Adefowope-Okogie fixed the date after hearing arguments from parties in the suit filed by the Baraje faction.

    The other claimants are Dr. Sam Jaja and Prince Olagunsoye Oyinlola.

    Baraje and others are praying the court to restrain Tukur and three others from parading themselves as PDP National Executive Committee (NEC) members.

    Joined in the suit are Deputy National Chairman Uche Secondus, Women Leader Kema Chikwe and National Publicity Secretary Olisa Metuh.

    At the last hearing on September 18, Tukur and his co-defendants urged the court to strike out the suit for lack of jurisdiction.

    They argued that the writs of summons filed by the claimants did not comply with the mandatory requirements of Section 97 of the Sheriff and Civil Process Act because they were not signed.

    At the resumed trial yesterday, counsel to the plaintiffs, Mr. Robert Emukpaeruo, urged the court to dismiss Tukur’s preliminary objection.

    Emukpaeruo insisted that the court had jurisdiction to entertain the matter, stressing that its judgment could be enforced against the defendants.

    According to him, as long as a court can enforce its orders, the court can exercise jurisdiction.

    “The mere fact that the defendants are not resident in Lagos State does not mean that the court does not have jurisdiction over the matter,” he said.

    Emukpaeruo pointed out that the writ of summons were endorsed for service outside Lagos State, stressing that the endorsements had brought the defendants within the jurisdiction of the court.

    Tukur’s counsel, Dr. Amaechi Nwaiwu (SAN), argued that Emukpaeruo’s submissions on the issue of jurisdiction were misconceived.

    “The issue of physical effectiveness is a post judgment matter. The main issue is the competence of your lordship to adjudicate on this matter,” Nwaiwu said.

    He argued that the writs of summons were not properly endorsed under the Sheriff and Civil Process Act.

     

     

     

     

     

  • Bi-Courtney/Fed Govt: Court assumes jurisdiction

    Bi-Courtney/Fed Govt: Court assumes jurisdiction

    A Federal High Court, Lagos, has assumed jurisdiction in the suit filed by Bi-Courtney Ltd against the Federal Government over the termination of concession agreements for projects at the Murtala Muhammed Airport (MMA2), Lagos.

    Justice Mohammed Idris on Monday dismissed the government’s preliminary objection. He held that the suit was properly filed and competent.

    Respondents in the suit are the Attorney-General of the Federation, the Inspector-General of Police (IGP), the Managing Director of the Federal Airport Authority of Nigeria (FAAN) and FAAN.

    FAAN terminated the leases it granted Bi-Courtney in respect of a hotel and conference centre at the airport because of “breaches” allegedly committed by the company.

    Dissatisfied, Bi-Courtney sued, praying the court to restrain the Federal Government and FAAN from taking over the properties.

    Bi-Courtney also urged the court to declare the government’s action illegal null and void.

    But the government contended that court lacked jurisdiction to hear the action.

    The substantive suit will be heard on June 5.

     

  • Tukur’s son, others challenge court’s jurisdiction to hear N1.8b subsidy fraud

    Tukur’s son, others challenge court’s jurisdiction to hear N1.8b subsidy fraud

    Two oil marketers, Mahmud Tukur and Alex Ochonogor, with their company, Eterna Oil Plc, yesterday challenged the jurisdiction of a Lagos High Court, Ikeja, to hear the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Mahmud is the son of Alhaji Bamanga Tukur, the National Chairman of the ruling Peoples Democratic Party (PDP).

    The oil marketers filed their application before the court, presided over by Justice Adeniyi Onigbanjo. The application, dated May 3, was filed by their counsel, Chief Wole Olanipekun (SAN).

    The defendants were arraigned with Abdullahi Alao, son of prominent Ibadan businessman, Alhaji Abdullazeez Arisekola-Alao.

    At the resumed hearing of the matter, Olanipekun told the court that the application had been served on the EFCC counsel, Mr Rotimi Jacobs (SAN).

    The defence counsel said the application was seeking an order to quash or strike out the charge for want of jurisdiction.

    He said: “The criminal charge was not instituted in accordance with procedural due process. This charge is a matter relating to the revenue of the federation on which only the Federal High Court has jurisdiction.

    “The substratum of the charge is within the admiralty jurisdiction of the Federal High Court.”

    Olanipekun also said his clients filed the application late because they were still discussing the charge with the Federal Government.

    “As at now, we are still discussing. I say this from the Bar, even if my learned friend, Jacobs, claims not to be aware,” he added.

    Jacobs told the court that he was not aware of the discussion between the Federal Government and the defendants.

    He, however, urged the court to allow the parties to take the application orally.

    But the judge declined his request.

    Justice Onigbanjo adjourned the matter till May 28 for argument on the application.

    He also directed the parties to file and attach their written addresses to the processes before the next adjournment date.

     

  • ACN, Accord challenge tribunal’s jurisdiction to use LP’s reply for petition

    Ondo State chapter of the Action Congress of Nigeria (ACN) and its candidate, Mr. Oluwarotimi Akeredolu (SAN), have challenged the jurisdiction of the Governorship Election Tribunal sitting in Akure to make use of the reply filed by the Labour Party (LP).

    The objection was filed by 46 lawyers led by three Senior Advocate of Nigeria (SAN), Chief Akin Olujimi, Oladipo Okpeseyi and Lasun Sanusi.

    ACN is contesting the competence of the LP’s reply to the petition filed by Prof. Wahab O. Egbewole, who is a full time employee at the University of Ilorin, an educational institution financed by the Federal Government.

    The party noted that paragraphs 1&2(b) of the fifth schedule of the constitution forbid Prof. Egbewole, who is a public officer, from offering his service to any other person except his employer.

    It said Egbewole has no ‘locus standi’ to sign LP’s reply to the petition and the reply signed by him is a nullity and should not be used by the tribunal.

    ACN also prayed the tribunal to strike out all the motions filed by LP challenging its jurisdiction.

    It argued that by virtue of the Electoral Act, all objections raised in the respondent’s reply shall be heard along with substantive suit and not by motion at the pre-hearing session.

    Similar applications were filed by the Accord Party, challenging the LP reply filed by Prof. Egbewole. The applications will be heard on January 10.

    The tribunal at its last sitting hinted that it may consolidate the petitions before it.

    The petitions were filed by ACN, Accord Party, Peoples Democratic Party (PDP), People for Democratic Change (PDC) and Congress for Progressive Change (CPC).

    In another development, a Federal High Court sitting in Akure has awarded N5,000 cost in favour of Akeredolu and ACN in a suit challenging Akeredolu’s candidature by the Registered Trustees of the Egalitarian Mission Africa.

    The plaintiff’s motion for amendment of their originating summons was adjudged incompetent by the court and struck out.

     

     

     

  • Osinbajo to National Assembly: limit court’s jurisdiction

    Former Lagos State Attorney-General and Commissioner for Justice Prof Yemi Osinbajo (SAN) has called for the limitation of the jurisdiction of the Federal High Court to end delays in the trial of cases.

    This, he said, is in line with federal principles.

    Osinbajo said the court’s jurisdiction has drawn extensive controversy and led to a waste of time.

    The former commissioner said the proper observance of federal principles could invariably mean that the federal high court’s jurisdiction should be “extremely limited” since state high courts exist.

    He spoke at the multi-stakeholder forum on civil society’s viewpoint on the amendment of the 1999 Constitution in Lagos.

    It was organised by the State Accountability and Voice Initiative (SAVI) and the Lagos State Civil Society Partnership (LACSOP).

    Osinbajo said: “It is now proposed that the civil jurisdiction of the Federal High Court should be limited to federal revenue, admiralty and intellectual property matters while its criminal jurisdiction should cover only offences created by an Act of the National Assembly.

    “The current situation where the inclusion of a federal institution or agency as a party in an action is frequently held to confer jurisdiction on the federal high court even where the subject matter is obviously not suitable for its jurisdiction should end.”

    The ex-commissioner said the proposal to terminate all interlocutory appeals at the Court of Appeal is to reduce the extensive delays in our trial process.

    The law professor said Nigerians must ensure that federalism is a non-negotiable basis of a new constitution.

    The effect, he said, is that the courts can be compelled by express principles in the constitution to interpret its provisions to give effect to the principles of federalism.

    Osinbajo proposed two exclusive legislative lists – one Federal, the other State.

    On state police, he said: “Our proposal is that establishment of a state police force should be on the states legislative list.

    “The federal police will have jurisdiction over federal offences and cross-border criminality while the state police has jurisdiction over state offences.”

    A Steering Committee member of LACSOP, Ayo Adebusoye, said the 1999 Constitution was full of paradoxes and ambiguity.

    He argued that the constitution in its present form cannot guarantee fundamental rights nor a vibrant legislature and dynamic executive.

  • Election petition: Oshiomhole challenges tribunal’s jurisdiction

    The case Edo State Governor Adams Oshiomhole’s lawyers yesterday challenged the competency and jurisdiction of the State Governorship Election Petition Tribunal to try the case filed by the defeated candidate of the Peoples Democratic Party (PDP), Gen. Charles Airhiavbere, in the July election.

    At the State High Court in Benin, the state capital, Oshiomhole’s lead counsel Chief Wole Olanipekun (SAN) urged the tribunal to dismiss the petition for lack of competence and jurisdiction.

    Olanipekun argued that only the Federal High Court has the jurisdiction to hear the case, citing several authorities to back his submission.

    He said the petition is fatally defective, adding that the petitioner relied solely on the Electoral Law, rather than the Constitution of the Federal Republic of Nigeria.

    Olanipekun said the court cannot adjudicate on an issue that is not an election matter.

    He said the issue of forgery of result, which is being pursued by the petitioner, is not a civil case, but a criminal case, which can only be pursued at the Federal High Court.

    Olanipekun urged the court to dismiss the petition.

    Counsel to the Action Congress of Nigeria (ACN) Ricky Tafa (SAN) aligned with Olanipekun’s argument.

    Airhiavbere, who was absent at the tribunal, was represented by Efe Akpofure (SAN).

    The Tribunal is headed by Justice Suleiman Ambursa.