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Tag: Justice Chuka Obiozor

  • Court adjourns bank’s N212m debt suit

    The Federal High Court in Lagos will on June 25 hear a suit by Diamond Bank Plc against Eko Akete Engineering and Construction Company Ltd.

    Justice Chuka Obiozor adjourned due to time constraints after the plaintiff’s counsel Ifeoma Odide informed him that the bank was ready for trial.

    The bank’s Ajah Branch Manager Stella Ekhator was present when the case came up, but the defendants were not represented.

    Diamond Bank is claiming N212, 052,898.22 from Eko Akete Engineering and its Managing Director Chief Fouad Ade Oki as at March 31, 2016.

    The bank said the sum represents principal and accrued interest arising from various facilities granted the firm and guaranteed by Oki.

    Diamond Bank is also claiming compound interest at 22.19 per annum on the sum from March 31, 2016 until judgment and thereafter at the rate of 15 per cent per annum until final liquidation of the judgment sum.

    Read Also:Court to Buhari: Order EFCC, others to release report on budget padding

    The plaintiff is praying for an order permitting it to retain ownership and control of the defendants’ fixed and floating assets “until the final liquidation of the requested sum with interest or until the charged property and assets are sold”.

    The bank said it approved the defendants’ request for a term loan facility of N75million for the purchase of heavy duty equipment and to fund the construction of Suleimon Soderu bypass in Ikorodu area of Lagos, at an agreed 21 per cent interest.

    The plaintiff said it later granted two other loan facilities of N36million and N55.5million to the defendants, adding that the defendants utilised the facilities, but refused to fund its account.
    Diamond Bank said the firm requested for extension of the loan facilities totaling N96, 124,118.90 to enable it meet its increasing obligations and liquidate the indebtedness, which was granted.

    The bank said despite granting an extension of the outstanding loan facilities and not charging a late penalty fee of one per cent, the firm “still failed, refused and neglected to settle its outstanding indebtedness to the plaintiff.”

    The plaintiff said it wrote the firm on February 27, 2015 demanding full payment of the total outstanding sum of N160.4million, yet the first defendant “still failed, refused and neglected” to pay the debt.

    The bank said a law firm, Jurislaw, which it engaged to recover the debt, also wrote to the firm on June 1, 2015 and to Oki on October 7, 2015, yet they allegedly refused to liquidate the debt.
    “As at March 31, 2016, the first defendant’s outstanding debt on the loan facilities plus accrued interest was N212, 051,898.22,” the bank said.

    Trial has commenced in the case, but the defendants are yet to file their responses.

  • Court didn’t close down Ikoyi marriage registry, says FG

    The Federal Government (FG) has faulted claims by the Lagos State Government that a Federal High Court had shut down the Ikoyi marriage registry, insisting that the report was false.

    The Ministry of Interior said that the court presided over by Justice Chuka Obiozor simply upheld the judgment of a Federal High Court delivered in 2002 which was not appealed.

    It explained that the case, Suit No: FHC/L/CS/1760/16 between Egor local government area, Edo State & 3 others Vs. Ministry of Interior & others, cited by the Lagos state government was actually struck out by Justice Obiozor in his judgment delivered on April 30,2018.

    Read Also:24 hours at Ikoyi Marriage Registry

    The Director of Legal, Ministry of Interior, Bola Odugbesan, made the clarification in a statement issued in Abuja on Friday, in reaction to a press statement on Thursday by the Director, Public Affairs, Ministry of Local Government and Community Affairs, Bisi Olufuwa.

    Olufuwa had claimed that the Lagos state had secured a court injunction restraining the Ikoyi registry from conducting marriages.

    Dismissing the claims, Odugbesan presented a copy of the judgment by Obiozorwho described who described the case an abuse of court process and struck it out.

    He stated that Lagos State Government was not a party to the suit.

    Clarifying what transpired in the suit, Odugbesan said, “In the case, the court was invited to interprete the provisions of the Constitution conferring on local governments, the powers to register marriages.

    “The Minister of Interior, through his Counsel, Bola Odugbesan, argued that under item 61 of the Exclusive List, matters connected with marriage under the Marriage Act, issuing of marriage certificate and its registration are outside the purview of State and/or Local Governments.”

    “The Federal High Court in its judgment dated April 30, 2018, struck out the case of the Plaintiffs, ie, Egor LGA & Ors. The court held that the case is an abuse of the court process in view of the earlier judgment of the court in 2002 which upheld the sanctity of the rights of the Minister to issue licences to places of worship to conduct marriages, and the Registrar under the Marriage Act to register marriages. It is instructive to note that Lagos State was not a party in the case,” the director explained.

    Odugbesan insisted that the Federal High Court never ordered the closure of Ikoyi Marriage Registry as claimed by Olufuwa.

     

  • Court orders forfeiture of NDDC director’s N800m Lekki property

    Justice Chuka Obiozor of Federal High Court in Lagos  on  Thursday ordered the temporary forfeiture of four landed property in Lekki allegedly belonging to a former Niger Delta Development Commission (NDDC) Executive Director of Projects, Mr. Tuoyo Omatsuli.

    The judge made the order based on an ex parte application by the Economic and Financial Crimes Commission (EFCC).

    The commission said the land, valued at N846.03million, was reasonably suspected to have been acquired with proceeds of unlawful activities.

    EFCC accused Omatsuli of receiving kickbacks from a contractor to the NDDC on no fewer than 11 occasions.

    An EFCC operative, Adamu Yusuf, said Omatsuli allegedly received a bribe of N3, 645,000,000 from a consultant to the NDDC, Starline Consultancy Services Limited.

    EFCC said the firm was engaged to help NDDC recover its statutory three per cent annual budgets of oil and gas producing companies in the Niger Delta.

    Read Also: NDDC to complete 25km road project in Imo – Ekere

    Yusuf said it was agreed that Starline Consultancy Services would be paid 10 per cent commission on the total funds recovered.

    Starline Consultancy Services, he said, got the help of the House of Representatives Committee on NDCC, which wrote to the oil and gas companies to demand that they pay their statutory levies to the NDDC.

    According to the operative, Starline Consultancy Services eventually succeeded in the job and was paid N10, 218,019,060.59 as its 10 per cent commission between August 22, 2014 and June 25, 2015.

    Yusuf said: “Omatsuli agreed and received kickbacks to the tune of N3, 645,000,000.000 from Starline Consultancy Services Limited through Building Associates Limited, whose alter ego is Francis Momoh (an ally of Mr. Omatsuli).”

    The anti-graft agency presented a table showing that Omatsuli allegedly received kickbacks 11 times from Starline Consultancy Services between August 28, 2014 and September 8, 2015.

    EFCC’s lawyer Ekene Iheanacho said it would be in the interest of justice to order the temporary forfeiture of Omatsuli’s landed property in Lekki Peninsula to the Federal Government.

    Justice Obizor granted the order and directed EFCC to publish it in a national newspaper to enable anyone interested to show cause as to why the property should not be permanently forfeited to the Federal Government.

    He adjourned until June 19.

  • N4.5b money laundering: Court issues bench warrant on Nnamani

    N4.5b money laundering: Court issues bench warrant on Nnamani

    A Federal High Court in Lagos on Monday issued a bench warrant for the arrest and production in court of a former Governor of Enugu State, Chimaroke Nnamani, over alleged laundering of N4.5 billion.

    The court issued the order following the absence of the accused, to stand trial.

    The Economic and Financial Crimes Commission (EFCC) had charged Nnamani alongside his former aide, Sunday Anyaogu, over the alleged laundering of the money.

    Also charged are six firms, namely: Rainbownet Nigeria Ltd, Hillgate Nigeria Ltd, Cosmo FM, Capital City Automobile Nigeria Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

    The ex-governor and his co-accused were said to have allegedly lodged the laundered sum in a secret account, with the aim of concealing its source.

    When the case was called on Monday, Mr Kelvin Uzozie announced appearance for the prosecution, while Mr Abubakar Shamsudeen appeared for the accused.

    The prosecution then informed the court of the absence of the accused and prayed the court for a bench warrant against the accused, as well as a summons for the sureties to appear and show cause.

    Meanwhile, in his submissions before the court, the defence counsel, Shamsudeen urged the court to grant an adjournment until January 2018, to enable counsel to contact family members of the accused and get across to him.

    Shamsudeen stressed that the accused was bed ridden in the U.S. due to a surgery he had undergone, adding that other accused had entered a plea bargain in the matter.

    He urged the court to grant a further adjournment.

    In reaction, the trial judge, Justice Chuka Obiozor, asked the defence counsel, “you seem to be very knowledgeable in the matter, so tell me when was the plea bargain’’?

    Shamsudeen, in response, said he was not so sure of the date but added that it was between May and June, 2015.
    Obiozor then asked, “So from 2015 till now, what happened’’?

    In response, Shamsudeen explained to the court that the health condition of the accused was part of the major reason why a plea bargain was made.

    He added that although the first and second accused had pleaded not guilty to the charge before the court, the first accused had interest in the other companies joined as accused.

    Justice Obiozor then said:

    “A defendant may be guilty or not guilty but the law requires such defendant to appear and stand trial, and the sole duty of the Court is to do justice.

    “You are asking for an adjournment till January when this case has lingered on since 2007, which is almost 10 years.

    “Justice as we all know is a-three way traffic and once it is lagging, you blame the judiciary.

    “This is not a case of more haste and less speed; no, I won’t allow that in my court; this is a 2007 charge and up till now, we are still talking of plea.

    “This matter was slated for re-arraignment today, and I have not found any justification for the absence of the accused before this court, to take their pleas.

    “There must be an end to litigation; the charge before me was filed in 2007 and it is now 10 years.

    “In the peculiar circumstances of this case, and particularly in the absence of any convincing explanation on the absence of the defendants before this court today, it is hereby ordered.

    “That a bench warrant be issued against the first and second defendants, as well as a summons for the sureties to show cause.
    “Consequently, this case is adjourned until Dec. 14, for further proceedings.

    Nnamani was earlier arraigned before Justice Tijani Abubakar and re-arraigned before Justice Charles Archibong when Tijani Abubakar was elevated to the Court of Appeal and later re-arraigned before Mohammed Yinusa, when Justice Archibong retired.

    The former governor was re-arraigned on a 105-count charge of money laundering and economic crime, to the tune of N4.5 billion.
    The case has just been reassigned to Obiozor, to start afresh.

    According to the commission, their alleged offence contravened the provisions of the Money Laundering (Prohibition) Act, and the EFCC Act, 2004.

    NAN

  • Judge returns Evans fundamental rights case file to CJ

    Judge returns Evans fundamental rights case file to CJ

    Justice Abdulazeez Anka of the Federal High Court, Lagos on Wednesday declined to hear a fundamental rights suit filed by the suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans.

    Evans is seeking N300 million damages for his illegal detention.

    Anka said that the case file would be returned to the Administrative Judge for a further directive.

    The judge had earlier heard the case during the court’s long vacation and had adjourned until Aug. 29 for judgment after parties argued it and adopted their addresses on Aug.16.

    But the police through its counsel Mr David Igbodo said another lawyer, Mr Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police when the case was heard did so without authorization.

    The police prayed the court to set aside all the purported arguments made by Obiazi and to set aside the ruling it delivered on Aug. 16 in which he adjourned for judgment.

    When the case came up before another judge, Justice Chuka Obiozor during the long vacation, he held that the case was no longer urgent.

    Related: “I’m still wondering how illiterate Evans lured me into his kidnapping gang”

    Obiozor then returned the file to the Chief Judge, Justice Adamu Kafarati for re-assignment to another judge.

    The case was subsequently re-assigned to Justice Babs Kuewemi.

    However, Evans’ lawyer, Olukoya Ogungbeje wrote the chief judge informing him that Anka had already adjourned the case for judgment.

    Based on the letter, the case was again returned to Anka.

    When the case came up before Anka on Wednesday, he expressed displeasure that the case was returned to him when the issue of judgment had been overtaken by events.

    The judge said that since the police had filed other applications, the earlier adjournment for judgment had become void.

    Anka added that even if he had written the judgment earlier, it meant that a new one would be written.

    Police Counsel Chukwu Agwu accused Ogungbeje of “smuggling” the case file back to Anka’s court.

    “The case was re-assigned to Justice Kuewumi. How my learned colleague smuggled this case to this court is baffling.

    “He did not avail us with a copy of his letter to the chief judge, otherwise we would have reacted,” he said.

    But Ogungbeje said his letter was on the premise that since a judgment had already been fixed, it could be delivered by Anka after entertaining the late applications filed by the police.

    Meanwhile, Anka held that it was not factual to say that judgment had been reserved “when its not’’.

    He said that the court was obliged to hear the fresh applications by the police.

    The judge said the case was not adjourned for judgment but for hearing, adding that Ogungbeje’s claim that the case was for judgment was not the true position.

    During the ruling, he said: “the case was made for a hearing of the motion of first and second respondents.

    “The court shall, therefore, cause a letter to be written to the Administrative Judge to explain the true position of the case, which is for further hearing and not judgment.

    “Parties shall, therefore, await the decision of the Admin Judge, either to re-assign the case or for this court to maintain the case in its cause list.”

    Evans has since been arraigned before Justice Hakeem Oshodi of the Lagos State High Court.

    While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.

    The prosecution said that the defendants between Feb. 14 and April 12, on Obokun Street, Ilupeju, Lagos, armed with guns and other dangerous weapons captured and detained Duru Donatus.

    It said that the defendants allegedly collected a ransom of 223,000 Euros to release Donatus.

    In his fundamental rights suit, Evans is claiming N300 million against the police as damages for alleged illegal detention and rights violation.

  • Evans’ suit no longer urgent – Judge

    Evans’ suit no longer urgent – Judge

    The Federal High Court in Lagos on Tuesday adjourned the fundamental rights suit filed by suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans, till September 21.

    Through a Lagos lawyer, Mr. Olukoya Ogungbeje, Evans is praying the court to order his unconditional release from detention or to charge him.

    He is claiming N300million as damages for alleged illegal detention and rights violation.

    Justice Chuka Obiozor, who sits as a vacation judge and considers only urgent applications, said Evans’ suit was no longer urgent.

    He said having been arraigned at the Lagos High Court, Ikeja, his suit could be heard when the Federal High Court resumes from its annual long vacation.

    Justice Abdulazeez Anka, who earlier heard the case, had adjourned till August 29 for judgment after parties argued it and adopted their addresses on August 16.

    But, police counsel, Mr. David Igbodo, said a lawyer, Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police did so without authorisation.

    The police prayed the court to set aside all the “purported” arguments made by Obiazi and set aside the ruling delivered by Justice Anka on August 16 in which he adjourned for judgment.

    A day later, Evans and five others were arraigned before Justice Hakeem Oshodi.

    While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.

    The prosecution said the defendants between February 14 and April 12 along Obokun Street, Ilupeju, Lagos, armed with guns and other dangerous weapons, captured and detained one Mr. Duru Donatus.

    The defendants allegedly collected a ransom of 223,000 Euros to release Donatus.

    Ogungbeje later issued a statement alleging that Evans was forced to plead guilty.

    “We intend to challenge this unconstitutional procedure of hoodwinking, unduly influencing, brainwashing and coercing an accused into entering a guilty plea against his wish and freewill.

    “Our client (Evans) pointedly told us that having been informed, he will change his ‘police motivated guilty plea’ to ‘not guilty’ at the next adjourned date,” he said.

    Evans trial will begin on October 19.

     

  • Court forfeits Diezani’s $37.5million Banana Island property to FG

    Court forfeits Diezani’s $37.5million Banana Island property to FG

    …Ex minister loses $2,740,197.96, N84, 537,840.70

     
    A Federal High Court in Lagos has permanently forfeited to the federal government a $37.5million Banana Island property bought in 2013 by a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    A vacation judge, Justice Chuka Obiozor, made the order Monday following a motion on notice argued by the Economic and Financial Crimes Commission (EFCC).

    The judge also ordered that the sums of $2,740,197.96 and N84, 537,840.70 realised as rents on the property be permanently forfeited to the federal government.

    Details later…

     

  • Alleged N53.7 m fraud: Court orders interim forfeiture of Lagos Hotel

    Alleged N53.7 m fraud: Court orders interim forfeiture of Lagos Hotel

    A Federal High Court in Lagos on Tuesday ordered the temporary forfeiture of Victoria East Park Hotel and Suites over alleged N53.7 million fraud.

    Justice Chuka Obiozor issued the forfeiture order of the hotel located on Igbogbo-Mayegun Road in Ikorodu, Lagos State, following
    an ex parte application filed by the Economic and Financial Crimes Commission (EFCC).

    The judge issued order for the EFCC to take over the hotel for 21 days to enable it to conclude its investigations on the alleged fraud.

    The EFCC had in its ex parte application on Tuesday told the court that it believed that the hotel was acquired with proceeds
    of fraud by Mr Fredrick Ebiesuwa.

    It avers that Ebiesuwa is believed to be the ring leader of fraudsters based in Ibadan.

    According to the commission, Ebiesuwa also has accomplices in Lagos.

    On Tuesday, Counsel to the EFCC, Mr Ayanfeoluwa Ogunsina, told the court that the anti-graft agency sought to take over the hotel
    to prevent the suspected fraudsters from disposing of it while investigation is still ongoing.

    Ogunsina said the EFCC was investigating Ebiesuwa and his accomplices, who were still at large, based on a petition it received from one Dunni Olagbegi.

    He said Olagbegi claimed to have been duped by the suspected fraudsters to the tune of N53.7 million.

    After listening to the arguments of the counsel, Justice Obiozor, in a short ruling, granted the application empowering the anti-graft agency to take over Victoria East Park Hotel and Suites for 21 days.

    The judge however, directed the anti-graft agency to paste the court’s order in a conspicuous place on the premises of the hotel.

    He adjourned further proceedings until Aug. 9.