The Nation Newspaper

Tag: Justice John Tsoho

  • Chief Judge transfers all emergency rule cases in Port Harcourt to Abuja

    Chief Judge transfers all emergency rule cases in Port Harcourt to Abuja

    The Chief Judge of the Federal High Court, Justice John Tsoho, has transferred all cases on emergency rule declared by President Bola Ahmed Tinubu in Rivers State from the Port Harcourt Division of the court to the Abuja Division.

    A document listed the transferred cases as Dr. Farah Dagogo v President & 4 others in Suit no FHC/PH/ CS/50/2025, and Pilex Centre for Civic Education Initiative & Another v The Administrator with suit no FHC/PHC/CS/46/2025.

    Others are Incorporated Trustee of Rivsbridge Peace v President & others in Suit no FHC/PH/SC/43/2025, Incorporated Trustee of People’s Life Improvement Foundation & others v the President & 2 others in Suit no FHC/PH/SC/2025, Belema Briggs & 4 others v the President and others in Suit no FHC/PH/SC/51/2025, and Samuel T. O. Amatonje Esq, President & others in Suit no FHC/ PH/SC/53/2025.

    The Chief Judge explained that the cases were transferred to the Abuja Division in line with Order 49, Rule 2 of the Federal High Court (Civil Procedures) Rules, 2019.

    Read Also: NJC directs Uzodimma to reverse Acting Chief Judge’s appointment

    The Attorney-General of the Federation, Lateef Fagbemi, SAN, was said to have written to the Federal High Court requesting the transfer of the cases, citing the Court Rules.

    It was, however, observed that before the transfer, hearing had already commenced in some of the cases at the Port Harcourt Federal High Court, especially on the case marked Dr. Farah Dagogo v. President & 4 others.

    President Tinubu on March 18 declared a state of emergency in Rivers and suspended the state Governor, Siminalayi Fubara, his Deputy, Prof. Ngozi Odu and members of the state House of Assembly to avert anarchy and bloodshed following the protracted political crisis in the state.

  • Nnamdi Kanu: Court okays suit seeking trial of Fani-Kayode, Abaribe

    A Federal High Court in Abuja has given permission for the commencement of a suit seeking to compel the State Security Service (SSS) and the Nigeria Police Force (NPF) to investigate and prosecute former Aviation Minister, Femi Fani-Kayode, Senator Eyinnaya Abaribe and others over their alleged involvement in how Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) escaped from the country.

    Justice John Tsoho gave the permission on Friday after listening to applicant’s lawyer, Oghenovo Otemu, who moved a motion ex-parte for leave to commence an action for order of mandamus.

    Read Also:Nnamdi Kanu: Lawyer confirms Jerusalem appearance

    The judge said he was convinced that the applicant, Isaiah Ayugu, could proceed to properly apply for the order sought.

    Justice Tsoho ordered Ayugu to file a motion on notice to that effect and serve the respondents before the next date of November 22 this year.

    Ayugu, in the ex-parte motion, said he was concerned about the turn of event and the damage the scandal about Kanu’s disappearance and the claim that the Nigerian sate was responsible have had on the nation’s image both at home and abroad.

    He listed the Director General of the SSS, the SSS, the Inspector general of Police (IGP) and the NPF as respondents in suit marked: FHC/ABJ/CS/1254/18.

    Ayugu argued that by recently revelation that Kanu was in Israel, it was evident that Fani-Kayode, Abaribe, Kanu’s lawyer, Ifeanyi Ejiofor and others, who had accused the Nigerian Army of being behind Kanu’s disappearance, knew about the IPOB leader’s escape from Nigeria.

    The plaintiff stated, in a supporting affidavit, “that the said Nnamdi Kanu, the so called self-acclaimed leader of IPOB, da group that has long been proscribed and designated a terrorist group, is alive and was seen in Israel from where he called a world press conference and made a live broadcast of his new and renewed agenda for his group.

    “In the broadcast, Kanu boasted that he will bring ‘hell to Nigeria.’ It is therefore clear that, whilst Senator Eyinnaya Abaribe, Femi Fani-Kayode, Ifeanyi Ejiofor,  Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Uchechi Kanu, leaders of Afaraukwu community in Umuahia North Local Government Area of Abia state, the different civil liberty organisations and media practitioners and so many others too numerous to mention were making several dangerous claims that Nnamdi Kanu has been killed, abducted or being held by the Army,  they were aware that he was actually out of the country, by their collective or respective assistance, from where he resurfaced in video clips of him praying in Israel and subsequent video broadcast.

    “Because Senator Abaribe took Nnamdi Kanu on bail, the case against Nnamdi Kanu has not seen the light of the day as Nnamdi Kanu has now jumped bail.”

    The plaintiff said he intend to apply for an order of mandamus, mandating the respondents “to immediately investigate the circumstances surrounding the disappearance of Nnamdi Kanu from Nigeria when, in fact, the Nigerian Army was accused of abducting, arresting, kidnapping, killing and assassinating him.

    “An order mandating the respondents to prosecute all persons suspected or indicted of involvement in aiding Nnamdi Kanu to evade justice.”

    “An order mandating the respondents to investigate and prosecute Senator Eyinnaya Abaribe, Femi Fani-Kayode, Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Ifeanyi Ejiofor and all those who worked together to propagate and spread the inciting lies and falsehood that Nnamdi Kanu was abducted, arrested, kidnapped, detained, killed and assassinated by the Nigerian military, when indeed they were well aware of Nnamdi Kanu’s whereabouts, because they played roles in helping Nnamdi Kanu disappear from Nigeria.”

  • Court orders police to pay Charly Boy N50m

    A Federal High Court in Abuja has ordered the Nigeria Police Force, the Inspector General of Police and the Commissioner of Police, Abuja to pay musician, Charles Oputa (Charly Boy) N50million for violating his rights.

    Justice John Tsoho, in a judgment on Monday, also ordered the respondents to tender public apology to the applicant, which should be published in two national newspapers.

    The judgement was on a fundamental rights enforcement suit by Oputa, marked: FHC/ABJ/CS/343/2018 , filed on March 29 this year.

    The applicant had, in an affidavit, said policemen, numbering over 100 from the Federal Capital Territory (FC() Police Command, invaded the Unity Fountain in Abuja on August 8, 2017 and attacked him and his group with teargas canisters, hot water cannon and wild police dogs during the Resume or Resign protest when he led other activists to protest the prolonged absence of President Muhammadu Buhari from Nigeria on account of his medical vacation in the United Kingdom.

    He claimed that the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital.

    Oputa claimed that the police attacked them because of claims that their protest over the President’s absence, which had exceeded 90 days on the second day of their daily sit-out protest, had gone international and brought serious embarrassment to the country.

    Justice Tsoho, in the judgement rejected the respondents’ claim that miscreants invaded or stormed the premises of the protest. The judge said there was no evidence to support such claim.

    Read Also: CBN revokes nine micro-finance banks’ licences

    The judge said the applicant was entitled, under the Constitution, to stage a peaceful protest.

    Justice Tsoho noted that protest is a constitutionally guaranteed right, provided it is done peacefully.

    He further noted that even if miscreants were on the scene to hijack the protest, the respondents (the police) possess enough measures to dislodge such persons and maintain law and order.

    The judge noted that the respondents, in their counter affidavit, admitted that they resorted to using teargas canisters and hot water canon in order to disperse the ’miscreants’’ who suddenly took over the protest.

    Justice Tsoho said the respondents’ claim that the teargas canisters and hot water canon were not directed at the defendants lacks substance as teargas circulates and affects all persons around where it is expended.

    The judge held that the applicant disclosed a reasonable cause of action against the respondents.

    He further held that the respondents violated the applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association as enshrined in sections 34, 39, and 40 of the Constitution.

    The judge was of the view that “the law is that the court has the right to grant redress to anyone whose right is violated and the Applicant is entitled to a remedy.”

  • N17.258b judgment debt: Why court froze INEC’s accounts

    Facts emerged Friday why a Federal High Court in Abuja froze accounts owned by the Independent National Electoral Commission (INEC) in banks particularly Central Bank, First Bank and United Bank for Africa (UBA).

    INEC’s accounts in CBN, First Bank and UBA are: 002-01224-42021 and 002-01224-41032 domicile in Central Bank of Nigeria (including all funds held in both accounts).

    Others are: 2022050942 and 2022050904 in First Bank (with balances of N1, 578,696,848.84 and N600, 270,638.00); and 1005393548 in United Bank for Africa (with balance of N52, 000,000.00).

    The temporary freezing order was made by Justice John Tsoho upon an ex-parte motion filed by a Lagos-based firm – Bedding Holding Limited (BHL) – for a ganishee order nisi.

    The Federal High Court had on January 28, 2014 gave a judgment against INEC, its then Chairman, Prof Attahiru Jega, the Attorney General of the Federation (AGF) and three others in a suit marked: FHC/ABJ/CS/816/2010, filed by BHL.

    Other defendants in the suit were Haier Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Limited, who were contractors to INEC, engaged to supply equipment that it deployed for voters’ registration prior to the 2011 elections.

    BHL had sued, accusing INEC, Jega and other defendants of infringing on its exclusive “Patent Rights “No: RP16642 and Copyrights Design No: RD13841 in and over Electronic Collapsible Transparent Ballot Boxes (ECTBB) and Patent Rights No: NG/P/2010/202 – Proof of Address System/Scheme (PASS) – Embedded with the Concept of the Coded Metal Plate.”

    The firm claimed that the inventions, which its exclusive patent and copy rights covered, were deployed by INEC and the other defendants “for the production of voters’ register for the 2011 general elections, among other elections, without its prior license, consent and authorisation.”

    In a judgment on January 28, 2014, then Chief Judge of the Federal High Court, Justice Ibrahim Auta, agreed with BHL’s claims and granted all its declaratory and monitary reliefs against the defendants.

    Justice Auta ordered among others, that BHL “is entitled to 50 per cent of the total contract sum of N34, 517,640,000.00,(which is N17,258,820,000.00) being the minimum reasonable royalty accruable to the plaintiff for the production, procurement, supply, acquisition, importation, purchase, receipt, sale of the Direct Data Capturing Machine, laptops and/or any other equipment ancillary to, or associated with the process and application of the said products for the registration of voters and or the collation/compilation and production of the voters’ register for the 2011 general elections and any other elections by the defendants, without first seeking and obtaining the consent of the plaintiff.”

    BHL’s ex-parte motion for ganishee order nisi, granted by Justice Tsoho on May 24, 2018 was in furtherance of the execution of the January 28, 2014 judgment.

    Former President of the Nigerian Bar Association (NBA) Wole Olanipekun (SAN), who saw merit in BHL’s case, led a team of lawyers, including two other Senior Advocates – Assam E. Assam and Karina Tunyan – to argue the ex-parte motion on May 24, 2018.

    Olanipekun, while arguing the motion, told the court that BHL had, since January 28, 2014 when the judgement was given, notified the judgment debtors and written the AGF on the issue.

    He said parties to the judgment had held several meetings on the judgment, but which have remained inconclusive, a development that informed the motion aimed at executing the judgment.

    BHL, in a supporting affidavit, said mediation meetings held on two occasions, by parties to the judgment, under the chairmanship of the Solicitor General of the Federation/Permanent Secretary of the Ministry of Justice, “could not be concluded because the 1st judgment debtor (INEC) failed, refused and/ or neglected to attend subsequent meetings.”

    Although BHL”s motion for garnishee order nisi had all the six judgment debtors listed, it chose to proceed against only INEC and the AGF. It discontinued against Jega, Haier, Zinox and Avante.

    Justice Tsoho has adjourned to July 2 this year for the garnishee ( the 23 banks listed in the application) to show cause why the garnishee order nisi should not be made absolute (why the temporary freezing order should not be made permanent, compelling the banks to pay to the judgment creditor -BHL- the judgment sum).

  • Malabu Oil scam: Court adjourns case until April 23

    Malabu Oil scam: Court adjourns case until April 23

    The Federal High Court, Abuja, on Tuesday adjourned all three suit relating to the alleged Malabu Oil I.1 million US dollars until April 23.

    In one of the suits, the prosecution had filed an oral application seeking a leave to file a written motion to withdraw charges against some of the defendants.

    In the other second leg of the suit, four out of the 10 defendants had filed notices of preliminary objections on the charges leveled against them.

    The judge, Justice John Tsoho, who eventually consolidated the motions, held that the court required quality time to peruse through the issues raised in order to deliver a water tight ruling on them.

    The News Agency of Nigeria (NAN), reports that hearing of the third leg of the suit, with five defendants, was also stalled due to absence of some of the parties.

    The judge, however, ordered the prosecution to again serve the defendants, who were not in court, with the fresh hearing notice.

    The Economic and Financial Crimes Commission (EFCC) on March 3, 2017, filed a three-count charge against two multinational oil firms, Shell and ENI, for their roles in the alleged Malabu Oil scam.

    The EFCC also in December, 2017 filed related charges against two former Nigerian ministers, Mohammed Adoke, and Dan Etete, and others, after concluding investigations on the 2011 controversial‎ sale of OPL 245.

    The alleged fraud committed by the ex-Nigerian officials and officials of the oil firms, has also led to investigations and charges in Italy.

    The EFCC had also secured a court order, ensuring the return of the OPL 245 to the Nigerian government, pending the determination of the court cases against the defendants.

    NAN recalls that all the defendants had denied any wrong doing.

    NAN

  • Judge withdraws from Boko Haram leader’s trial

    Judge withdraws from Boko Haram leader’s trial

    Justice John Tsoho of the Federal High Court in Abuja has withdrawn from the trial of the alleged leader of a Boko Haram breakaway group, Jama’atu Ansarul Muslimina Fi Biladis Sudan (aka Ansaru), Mohammed Usman (aka Khalid Albarnawi), his second wife, Halima Haliru and six others.

    The judge announced his withdrawal on Tuesday while ruling on an application filed by six of the eight defendants for him to transfer the case to another judge because he had exhibited element of bias having allegedly changed his earlier position on the matter.

    The Federal Ministry of Justice had earlier this year arraigned the accused persons before Justice Tsoho on an 11-count amended charge relating to terrorism.

    They were accused of taking hostage and murdering nine foreigners, including some British and Italian nationals between 2011 and 2013 in Sokoto, Kebbi, Bauchi, Borno, Gombe and other states in the northern part of the country.

    Following their arraignment, Justice Tsoho ordered their remand in prison.

    But, upon an application by the prosecution, the judge changed his mind and directed that the defendants be kept in the custody of the Department of State Services (DSS) and adjourned for trial.

    When parties got to court on Tuesday, the lead prosecuting counsel, Shuaibu Labaran, said the prosecution was ready to commence trial.

    He told the court that his witnesses were available.

     

  • Judge refuses to include Reps members in Jibrin’s suit against Dogara

    Judge refuses to include Reps members in Jibrin’s suit against Dogara

    …Fixes hearing of main suit for ‎April 28

     

    Justice John Tsoho of the Federal High Court, Abuja has refused an application by two members of the House of Representatives, praying to be made parties in the suit by a former Chairman of the House Committee on Appropriation, Abdulmumin Jibrin.

    Jibrin, in the suit N1billion suit against House Speaker, Yakubu Dogara and others, is challenging his suspension from the House, for among others, questioning the decision the House o Reps leadership.

    In a ruling Thursday, Justice Tsoho dismissed the application by Nicholas Ossai and Orker-Jev Yisa, ans held that it lacked merit.

    Ossai was the Chairman of House Committee on Ethics, which recommended Jibrin’s suspension and Yisa was the House member who moved the motion Jibrin’s suspension.

    The judge described the two lawmakers as co-defendants to the suit as a busy-body and unnecessary parties in the case.

    Justice Tsoho adjourned to April 28 for the hearing of the substantive suit.

    Jibrin, from Kano State, filed the suit marked FHC/ABJ/CS/Bl2/2015, shortly before his suspension.

    He is seeking among others, an order voiding his suspension and reinstating him to the House.

    Jibrin, who was suspended on September 28, 2016, for 180 legislative days, eqully asked the court for N1bn as damages against the respondents for his alleged wrongful suspension.

    The Speaker of the House of Representatives, the House itself and the Clerk of the House are the first to the third defendants to the suit.‎

     

  • Court to shield prosecution witnesses in trial of ex-Boko Haram leaders

    Court to shield prosecution witnesses in trial of ex-Boko Haram leaders

    Justice John Tsoho of the Federal High Court, Abuja Tuesday granted the request by the prosecution for the shielding of its witnesses’ identity in the trial of some ex-Boko Haram leaders.

    Justice Tsoho directed that prosecution witnesses should be protected by being allowed to give evidence behind a screen to be provided by the court.

    The judge also directed that the identity of the prosecution witnesses would also be shielded from members of the public by addressing witnesses in pseudonyms in the course of the trial.

    The judge’s directives were sequel to an application moved Tuesday by prosecution lawyer, Shuaibu Labaran.

    The defendants, including an alleged leader of a splinter group of Boko Haram, Mohammed Usman (aka Khalid Albarnawi), his “second wife”, Halima Haliru, and five others were arraigned on March 14 on an 11-count charge, marked: FHC/ABJ/CR/36/2017.

    Other defendants are Mohammed Saleh, Umar Bello (aka Abu Azzan); Mohammed Salisu (Datti), Yakubu Nuhu (aka Bello Maishayi) and Usman Abubakar (Mugiratu).

    The defendants were among others; charge with terrorism, hostage taking and murder of a total of nine expatriates, offences they allegedly committed between 2011 and 2013.

    Besides Haliru, the other defendants are said to be members of   Jama’atu Ansarul Muslimina Fi Biladis Sudan (a.k.a Ansaru), a group described by the prosecution as a breakaway from Boko Haram.

    Haliru is mentioned in just count 11 in which he was accused of having “information which you know to be of material assistance in preventing members of Boko Haram splinter group known as Jama’atu Ansarul Muslimina Fi Biladis Sudan a.k.a ANSARU from carrying out acts of terrorism but failed to disclose it to the relevant security agencies you thereby committed an offence punishable under S.8 (1) (a) of Terrorism (Prevention) Act 2011 as amended in 2013.

    Justice Tsoho has adjourned to April 25, for ruling on another application by the prosecution for a variation the court’s earlier order, directing that the defendants be remanded in prison after their arraignment on March 14 as against the prosecution’s preference for DSS custody.

     

  • Malabu oil scam: FG seeks arrest warrant against Adoke

    The Federal Government on Monday approached the Federal High Court, Abuja, to seek guidance on whether it could make an oral application for issuance of warrant of arrest against former Attorney-General of the Federation, Mr Mohammed Adoke.

    The warrant was in relation to charges filed against two multinational oil firms, and others including Adoke in connection to an alleged $1.1billion Malabu Oil scam

    When the matter was called, counsel to the Federal Government, Mr Johnson Ojogbane, told the court that the defendants were not in court because they were not yet served with court processes.

    Ojogbane who is prosecuting for the Economic and Financial Crimes Commission (EFCC), said that he had been unable to serve them particularly Adoke because he was not in the country.

    “We have been unable to serve the defendants in this case particularly the first defendant, because we have been told that he is outside the jurisdiction of this court; outside the country actually.

    “So I will appreciate if my lord will guide me, because I actually wanted to make an application for a warrant of arrest, so I want to know if I can do that orally or come by way of a motion,” Ojogbane said.

    He maintained that the EFCC had powers to arrest anyone anywhere, but since Adoke was outside the jurisdiction of the court, they required a warrant of arrest to bring him into the country.

    He said that if the court gave the order for a warrant of arrest, it could be endorsed to the International Police (Interpol) who would begin the process of extradition.

    The judge, Justice John Tsoho, however, said that such an application could not be brought orally before the court.

    According to Tsoho, if he is already before the court and is attempting to escape trial, then the court could issue a warrant for his arrest.

    “If he was already arraigned before the court and was trying to run away, then we can issue a warrant, but it is still under investigation, the court cannot make such an order.

    Tsoho adjourned the matter till June 13 for arraignment.

    The News Agency of Nigeria (NAN) recalls that the EFCC in December 2016, charged nine suspects, including Adoke, over the purchase of OPL 245.

    Adoke was accused of illegally transferring more than $800 million, purportedly meant for the purchase of the OPL 245 to Dan Etete, Malabu Oil.

    The Federal Government also on March 2 filed fresh charges against Shell Nigeria Exploration Production Company Limited and Agip Nigeria Exploration Limited for alleged complicity in the Malabu $1.1 billion scandal.

    Adoke, Etete, Aliyu Abubakar, ENI Spa, Ralph Wetzels, Casula Roberto, Pujatti Stefeno, Burrafati Sebestiano, and Malabu Oil and Gas were charged alongside the two multinational oil firms.

  • Court grants Peace Corps commandant, N10m bail

    Court grants Peace Corps commandant, N10m bail

    The Federal High Court Abuja, on Wednesday, granted Dickson Akor, National Commandant, Peace Corp of Nigeria, bail in the sum of N10m.

    In his ruling, the trial judge, Justice John Tsoho said the court was inclined to grant the bail to the applicant because the alleged offences were not capital in nature.

    The court said the submission of the complainant that the applicant might influence or interfere with the police investigation, “is speculative and mere apprehension”.

    The judge ordered the defendant to produce one surety in the sum of N20 million as part of the bail condition.

    He surety shall be resident in Abuja and must be an owner of a landed property in Abuja, adding that the surety must tender photocopies of title deeds of the property to the Deputy Chief Registrar ( (DCR), Litigation of the court.

    Tsoho also said the surety was required to submit his residential address which must be verified by the DCR.

    Also as part of the bail conditions, Justice Tsoho ordered that Akor should deposit his international passport with the court and can apply to the court whenever he wants to it use during the cause of his trial.

    He further directed Akor and the surety to deposit two copies of their recent passport photographs.

    The Federal government arraigned Dickson Akor, alongside Incorporated Trustees of the Corps, on a 90- count criminal charges bordering on conversion of money directly derived from extortion to the tune of about N1.4 billion.

    The defendants in the court action are, Police, IGP, National Security Adviser (NSA), DSS, DG-DSS and the AGF who are 1st, 2nd, 3rd, 4th, 5th and 6th respondents respectively.

    He pleaded not guilty to the charges.

    Earlier the defence counsel, John Ochogwu, urged the court to grant Akoh bail on self-recognition, adding that the defendant had earlier been granted an administrative bail by the police.

    Ochogwu added that in the counter affidavit the prosecution did not oppose the application of bail of the defendant adding, “we urge the court to grant him bail as we are ready to go on with the trial.”

    The Counsel to the Police, Aminu Alilu, argued through his counter affidavit that Akor (1st defendant) would likely interfere with the witnesses if granted bail.

    The judge adjourned until May 23 for the commencement of trial.