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Tag: Justice Chukwujekwu Aneke

  • Court dismisses suit challenging 9mobile’s sale

    The Federal High Court in Lagos Wednesday dismissed a suit by Spectrum Wireless Communications Limited against Emerging Markets Telecommunications Services (EMTS), owners of 9mobile.

    The plaintiff challenged the sale of Etisalat (which was renamed 9mobile).

    Justice Chukwujekwu Aneke, in a ruling on EMTS’ preliminary objection, held that the plaintiff lacked the locus standi to file the suit numbered FHC/L/CS/153/2018.

    He held that there was no direct shareholding relationship between Spectrum Wireless and EMTS to vest on Spectrum the right to sue EMTS to protect its alleged shareholding.

    The court also upheld the defendant’s position that Spectrum is not a shareholder in EMTS and cannot be directly affected by the actions of its shareholders – Mubadala Holdings Cyprus Ltd, Myacynth Coperative UA and Etisalat International Nigeria Ltd.

    The court further upheld the defendant’s argument that if at all Spectrum has a right of action, it should be against Premium Telecommunications Holdings NV (PTHNV), the company it originally invested in, and not EMTS.

    Justice Aneke, therefore, upheld the submission of counsel to EMTS that not being a shareholder of EMTS, Spectrum lacked the locus standi (legal right) to bring the suit against EMTS on the basis of any decision taken by EMTS’ shareholders.

    The judge added that the concept of “indirect shareholding/economic interest” claimed by Spectrum is unknown to Nigerian law, which only recognises members of a company as those named in its Register of Members.

    Justice Aneke also held that Spectrum is not a party to the credit facilities which it claimed was unlawfully obtained; adding that it is elementary law that only parties to a contract can make judicial claims in respect thereof.

    The court, therefore, dismissed the suit in its entirety.

    Spectrum Wireless Communications had sued EMTS and 16 others, including United Capital Trustees Limited (the lenders), the Central Bank of Nigeria (CBN) and the Nigerian Communications Commission (NCC) over the sale of 9mobile.

    READ ALSO: 9mobile offers free WhatsApp service to customers

    The company had claimed that it acquired indirect holding of 30 per cent of EMTS’ shares after a private placement and was allotted 4,041,096 Class A shares of PTHNV, which owns 99 per cent of the shares in MyaCynth.

    The plaintiff also claimed that MyaCynth holds 30 per cent of EMTS BV’s shares; that EMTS BV holds 99.9 per cent of EMTS’ shares, and that EMTS’ syndicated loan from the second to fourth defendants was granted without the requisite statutory approval of CBN.

    Spectrum Wireless Communications also claimed that its investments in EMTS would be lost if the 15th to 17th defendants were allowed to effect EMTS’ sale.

    However, Justice Aneke dismissed the claims and upheld EMTS’ preliminary objection.

  • New judge to hear Patience Jonathan’s suit against EFCC

    A new judge, Justice Chukwujekwu Aneke of the Federal High Court in Lagos, has taken over a suit filed by former first lady Dame Patience Jonathan challenging a “no-debit-order” placed on her account by the Economic and Financial Crimes Commission (EFCC).

    It followed the elevation of Justice Mohammed Idris to the Court of Appeal.

    Justice Aneke yesterday adjourned until May 22.

    The EFCC, Skye Bank Plc (now Polaris Bank) and three companies – Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd and Trans Ocean Property and Investment Company Ltd are the respondents.

    Read also: El-Rufai drums up support for EFCC

    Mrs. Jonathan, in the suit filed in 2016, is demanding N200 million damages.

    She is urging the court to compel the EFCC to immediately remove the “no debit order” placed on her accounts with $9.8 million.

  • Court to rule on AGF’s objection to MTN’s suit May 7

    The Federal High Court in Lagos on Tuesday reserved ruling on a preliminary objection by the Attorney-General of the Federation (AGF) challenging a N3billion suit by MTN Nigeria Communication Ltd.

    MTN sued the AGF for demanding N242 billion and $1.3 billion as import duties and withholding tax assessments from it.

    By a September 10, 2018 writ, MTN is challenging the legality of the AGF’s assessment of the import duties, withholding tax and value-added tax.

    But, the AGF, in the preliminary objection, is arguing that the suit was statute-barred, thus robbing the court of jurisdiction.

    Arguing the motion on Tuesday, AGF’s counsel Mr Tijani Gazali urged the court to strike out the suit on the ground that was instituted outside the time prescribed by law.

    He said the AGF was covered by Section 2(a) of the Public Officers Protection Act, so there was no issue of abuse of office.

    He said rather than MTN responding to the demand, it filed the case.

    But, MTN through its counsel Chief Wole Olanipekun (SAN), who led Damia Dodo (SAN) and Prof Fabian Ajogwu (SAN), argued that the AGF’s objection was unfounded.

    MEN’s lawyers maintained that the AGF’s contentions were unacceptable and unknown to law.

    They argued that the cause of action actually crystalised when the AGF made a demand of MTN and threatened the company with court action on August 20.

    Previous correspondence from the AGF was acted upon in good faith by the company, Olanipekun continued.

    He revealed that the previous correspondence had requested a self-assessment.

    He posited that the organisation not only undertook the self-assessment but went ahead to submit the result of that process to the AGF’s office.

    The assessment, he said, was undertaken by KPMG and showed clearly that no back taxes were owed to the country.

    He said AGF’s letter heightened issues and led to the company seeking to protect itself from the unlawful actions of the AGF.

    The learned SAN further argued that to the extent that the letter has not been withdrawn, the cause of action continues to exist.

    Therefore MTN remains within its rights to approach the courts, he said.

    Counsel to AGF was asked directly whether the cause of action had been withdrawn, but he declined to respond.

    Olanipekun further posited that from the AGF’s pleadings his office had admitted the submission of MTN in so far as his main argument is not in response to the core issues raised by MTN, but to whether or not the AGF is protected in law from the consequences of his actions.

    The SAN argued that it is implicit in the AGF’s failure to address the substance of MTN’s case, that the AGF is aware it does not have the legal authority to take the action it has taken.

    The AGF is contending that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be within three months of what was complained of.

    But, MTN is seeking a declaration that the AGF’s demand of N242 billion and $1.3 billion from it was premised on a process that is malicious, unreasonable and based on incorrect legal reasons.

    The plaintiff said the purported “revenue assets investigation” carried out by the Federal Government for the period of 2007 – 2017 violated Section 36 of the 1999 Constitution.

    MTN is praying the court to declare that the AGF acted in excess of his powers by directing a “self-assessment exercise” which usurps the powers of the Nigerian Customs Service to demand duties on imported physical goods.

    It is seeking a declaration that the AGF acted illegally by also usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding tax and value-added tax.

    The plaintiff wants declaration that the purported “self-assessment” exercise instituted by the AGF via its letter of last May 10 is unknown to law, null and void and of no effect whatsoever.

    MTN is further praying the court to for an order vacating the AGF’s demand letter.

    It is claiming N3billion as general and exemplary damages as well as legal costs from the Federal Government.

    Justice Chukwujekwu Aneke adjourned until May 7 for ruling.

  • EFCC unable to serve ex-NIA DG Oke, wife with charge

    The Economic and Financial Crimes Commission ( EFCC ) on Wednesday told the Federal High Court in Lagos that it was unable to serve former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife Folasade with the money laundering charge filed against them.

    Prosecuting counsel Rotimi Oyedepo told Justice Chukwujekwu Aneke that the defendants where still outside the court’s jurisdiction.

    “We are having issues with service of the charge,” Oyedepo said.

    According to him, the commission made unsuccessful efforts to reach Oke and his wife.

    Read Also: Ex-NIA DG, Oke, wife’s whereabouts unknown as arraignment fails

    “We have gone to their known addresses but could not find them to be able to serve them with the charge,” Oyedepo said.

    He noted that the Administration of Criminal Justice Act (ACJA) empowers the judge to make an order compelling the defendants’ appearance.

    But, Justice Aneke said he could not make any such order because the case was not yet properly before him.

    “I’ve not seen your file. It’s when I see the file that I can determine the urgency of any application.

    “I can’t exercise my discretion without seeing the efforts you’ve made on paper,” the judge said.

    He asked Oyedepo to return in 24 hours with the necessary processes.

    The defendants’ whereabouts is unknown, with reports saying they had left the country.

    Oke and his wife were charged in connection with the $43, 449, 947, 000 found in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi Lagos.

    Justice Muslim Hassan had on June 6, 2017, granted a final forfeiture order of the funds since no one appeared before the court to claim them.

    The four-count charge against the couple was signed by Oyedepo, Nnaemeka Omewa and Idris Abubakar Mohammed.

    EFCC in the Proof of Evidence revealed how Flat 7B was bought for $1, 658,000 (N596, 880,000)

    It said one Alhaji Shehu Usman Anka will give evidence of the receipt of the sum of $1, 658,000 from the wife of the ex-NIA boss.

    The anti-graft agency also said that the agency got about $289, 202, 382.00 from the Central Bank of Nigeria (CBN).

    It added that one Benjamin Kiksenenso will give evidence of how he was instructed to go to the CBN to collect the $289, 202, 382.00.

    The charges against the ex-NIA boss are:

    “That you, Amb. Ayodele Oke, Mrs. Folasade Ayodele Oke on or about the 12th day of April 2017 in Lagos concealed the sum of $43, 449, 947, 000 property of the Federal Government of Nigeria in Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court indirectly used the sum of $1, 658, 000 property of the Federal Government of Nigeria to acquire Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly retained $160, 777, 136. 85 property of the Federal Government of Nigeria which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly converted $160, 777, 136. 85 property of the Federal Government of Nigeria to your own use which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.”

    Justice Aneke adjourned until Thursday.

  • Court to hear Kashamu extradition case March 8

    A Federal High Court in Lagos on Tuesday adjourned hearing in a suit by Sen. Buruji Kashamu, seeking to stop his extradition to the U.S. to face drug charges until March 8.

    Kashamu, who is the Senator representing Ogun East Senatorial District at the National Assembly, had in his suit no: FHC/L/CS/930/2018, joined the following as respondents:

    The Inspector-General of Police, Commissioner of Police, Lagos Command, Director General, Department of Security Service (DSS), National Drug law Enforcement Agency (NDLEA) and the Attorney General of the Federation (AGF).

    He is urging the court to restrain the respondents and their agents from arresting or detaining him, in any manner whatsoever, or interfering with his right to personal liberty and freedom of movement.

    When the case was called on Tuesday, counsel representing parties informed the court of their readiness to proceed with the hearing, as the notices had been duly served as ordered by the court.

    However, it was discovered that a hearing notice was not served on the AGF, a situation the court described as an error.

    Consequently, Justice Chukwujekwu Aneke ordered that hearing notices be issued and served on the AGF before the next adjourned date.

    He fixed March 8, for hearing on the applicant’s suit, as well as NDLEA’s preliminary objection in opposition to same.

    In a supporting affidavit, the applicant averred that in a newspaper publication, the AGF was reported to have said that the U.S. Government had been told to make fresh request for his extradition, after the former proceedings were dismissed.

    He averred however, that in a proceeding instituted in England by the U.S. authorities between 2002 and 2003, it was established that he was not the one implicated in the alleged narcotic offence committed in America in 1994.

    He said that consequently, he was not the person being sought after by the U.S. authorities.

    Meanwhile in a preliminary objection, deposed to by one Kareem Olayinka, the NDLEA averred that authorities of the U.S. were currently seeking to extradite the applicant to their country to answer charges relating to Heroin trafficking.

    Olayinka said that the U.S. Government then made a request to the Nigerian Government for the applicant to be extradited sometime in May 2015.

    The Agency said that since Kashamu got wind of the extradition request, he had filed multiple law suits relating to the issue.

    He said that in all these actions, the central and basic relief sought was a restraining order against the NDLEA, from arresting and extraditing him to the U.S.

    According to the NDLEA, this suit does not disclose any cause of action against the respondent.

    The agency said the multiple law suits by the applicant against the NDLEA were intended to divert its energy and attention from discharging its mandate.

    He said that the NDLEA needed the protection of the court to stop this trend, as the applicant was only engaged in shopping for a forum that would grant his desired reliefs.

    Olayinka said the NDLEA was therefore, asking the court to dismiss the suit.

  • EFCC re-arraigns Senator for alleged money laundering

    *Lawmaker gets leave to travel
    The Economic and Financial Crimes Commission ( EFCC ) on Friday re-arraigned Senator Peter Nwaoboshi for alleged money laundering.

    The commission re-arraigned him along with Golden Touch Construction Projects Limited and Suiming Electricals for alleged N322million fraud.

    The charge is before Justice Chukwujekwu Aneke of the Federal High Court in Lagos.

    The defendants were first arraigned on April 25 before Justice Mohammed Idris, who was later elevated to the Court of Appeal.

    The case was re-assigned to Justice Aneke to begin afresh.

    Two witnesses, Prince Kpokpogiri and Murtala Abubakar, had testified before Justice Idris.

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House on Marine Road in Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act, to wit: fraud.”

    The EFCC alleged that the N322million was transferred to the property’s vendor on the order of Suiming Electricals, which was accused of aiding Nwaoboshi and Golden Touch Construction Projects to commit money laundering on or about May 14, 2014.

    According to EFCC, Nwaoboshi, a former Delta State Peoples Democratic Party (PDP) chairman, got a contract through Bilderberg Enterprises Ltd to supply new construction equipment to the state Direct Labour Agency at N1,580,000,000.

    Read Also: EFCC arraigns Saraki’s aide, others for alleged N3.5b fraud

    The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.

    EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building from Delta State Government at N805million in the name of Golden Touch Construction Projects.

    The commission said the Senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”

    The alleged offence contravenes sections 15(2)(d) and 18(a) of the Money Laundering (Prohibition) Act 2011 and punishable under Section 15(3).

    After pleading not guilty to the charge, Justice Aneke allowed Nwaoboshi to continue on bail based on the terms earlier imposed on him by Justice Idris.

    Defence counsel Emmanuel Kachukwu (SAN) urged Justice Aneke order the release of Nwaoboshi’s passport to enable him travel to Indonesia on October 8.

    He said the lawmaker would return on October 19.

    Granting the request, the judge said the passport should be returned to the court’s registrar by October 23.

    Justice Aneke adjourned until October 25 for trial.

  • Woman gets three-year sentence for drug trafficking

    A Federal High Court in Lagos on Tuesday sentenced a 35-year-old woman, Sikirat Jimoh, to three years in prison for drug trafficking.

    Jimoh, a Nigerian resident in Ghana, was arraigned on February 12 on a one-count charge of dealing in Cannabis Sativa (Indian hemp).

    She had pleaded guilty to the charge and Justice Chukwujekwu Aneke adjourned the suit for sentencing.

    Delivering judgment, Aneke sentenced the convict to three years imprisonment, without an option of fine.

    “Following the plea of the accused, she is hereby found guilty as charged.

    “The convict is accordingly sentenced to three years imprisonment, beginning from the date of her arrest,” he said.

    The judge also ordered the drug exhibits to be destroyed.

    The News Agency of Nigeria (NAN) recalls that the prosecutor, Mr. Jeremiah Aernan, had told the court that the convict who resides at New Town, in Accra, Ghana, was arrested on October 7, 2013.

    Aernan said the convict was apprehended by Custom officers at the Sarki checkpoint in Oyo, at about 10:00pm, during a routine stop and search exercise of cars.

    He said the convict, who was on board a white Peugeot Station Wagon Car, was arrested when about 28 parcels of compressed dried weeds were recovered from her possession.

    He said the substance weighed about 27 kilogrammes.

    According to the prosecutor, the driver of the vehicle immediately escaped into the bush, while the woman was arrested.

    Aernan told the court that the Nigerian Custom Service, Ikeja, eventually transferred the case to the office of the National Drug Law Enforcement Agency (NDLEA), on October 9, 2013, for prosecution.

     

  • Daily Times: Court to rule on Anosikes’ objection September 30

    A Federal High Court, Lagos, will on September 30, rule on an objection raised by the Anosike Brothers – Noel and Fidelis over Daily Times of Nigeria properties.

    They were charged by the Federal Government with advance fee fraud and fraudulent conversion of DTN properties.

    The court was to deliver ruling on the objections against the charge on Thursday, but the presiding judge, Justice Chukwujekwu Aneke told parties that the ruling was not ready.

    The brothers have not been arraigned because of the pending preliminary objection challenging the service of the charge on them.

    The Federal Government, in the five-count charge, said the defendants fraudulently obtained the total sum of N325 million and fraudulently converted the proceeds realised from sale of assets belonging to DTN.

    On May 7, their lawyer, Mr. Norrison Quakers (SAN) said the court lacked the jurisdiction to entertain the criminal charge.

    He said he had two applications dated November 19, 2012 and February 13 to back his claim.

    Citing section 215 of the Criminal Procedure Act and other legal authorities, Quakers said it was an anomaly for an accused person to be arraigned on a charge not properly served.

    Prosecution counsel, Mr. Ernest Ezebilo, argued that the charge had been duly served on the defendants.

    He maintained that the proof of service was exhibited in the court’s file.