The Nation Newspaper

Tag: Justice Okon Abang

  • Court orders Zamfara to pay Ecobank N3.1b debt

    Court orders Zamfara to pay Ecobank N3.1b debt

    The Federal High Court in Lagos on Wednesday ordered the Zamfara State government to pay Ecobank Nigeria Limited N3.1billion.

    Justice Okon Abang directed the Central Bank of Nigeria (CBN), the Ministry of Finance and Accountant-General of the Federation to deduct the sum from money accruable to the state from the Federation Account and remit to the bank.

    The state is also to pay interest on the sum at 30 per cent per annum from March 1, 2013 when the suit was filed, until Wednesday (when judgment was delivered).

    In addition, the state must pay 10 per cent interest on the judgment sum until it is finally liquidated.

    The judge awarded N50,000 to the bank as cost of prosecuting the suit.

    He directed the Attorney-General of Zamfara, it’s finance ministry, Ministry of Finance, Accountant-General, Attorney-General of the Federation and CBN “to ensure the full and effectual compliance with the judgment.”

    Justice Abang held that the sum of N3, 159,017,740.71 was the outstanding indebtedness on a facility of N1.5billion extended to Zamfara State by Oceanic Bank Plc, which was consolidated with Ecobank.

    Ecobank, in its claims, said the state’s Executive Council passed a resolution authorising its finance ministry to accept the loan on Zamfara’s behalf.

    It said the major security for the disbursement of the loan facility was a conditional Irrevocable Standing Payment Order (ISPO) from the state’s Value Added Tax (VAT) account domiciled with First Bank, Gusau Branch.

    Ecobank said the facility suffered a setback when First Bank “stopped the warehousing of state Federation Account Allocation Committee (FAAC) and consequently declined further remittance for the payment of the indebtedness that arose from the subject facility.”

    An agreement was subsequently reached to restructure the debt in November 2010, after which the state “honoured rentals for few months.”

    “However, the rentals till date have not been paid by Zamfara State government despite the fact that same have fallen due,” the bank said.

     

     

     

  • Court refuses Kashamu’s application to jail AGF, NDLEA boss

    Court refuses Kashamu’s application to jail AGF, NDLEA boss

    Justice Ibrahim Buba of the Federal High Court in Lagos on Tuesday refused to commit the Attorney-General of the Federation and chairman of the National Drug Law Enforcement Agency (NDLEA), Ahmed Giade, to prison.

    He said the committal proceedings initiated by Senator Buruji Kashamu, who the NDLEA is seeking to extradite to the United States to face drug dealing charges, had become academic.

    The judge said a similar application was decided by another judge of the court, Justice Okon Abang.

    Justice Abang had barred the NDLEA from giving effect to a warrant of arrest for Kashamu.

    He nullified the provisional warrant of arrest secured by the NDLEA against Kashamu.

    Justice Abang also declared that until the judgment of the court against extradition was appealed against and set aside by the Court of Appeal, no extradition proceedings could commence against Kashamu.

    The judge held that the provisional warrant of arrest was obtained without jurisdiction as the attention of the judge who signed it was not drawn to the existing order barring NDLEA and the AGF from taking any steps in the extradition process.

    The court declared the proceedings before the Abuja Court as a nullity.

    But on Tuesday, Justice Buba said the order must be complied with until set aside by a superior court.

    The judge also dismissed a preliminary objection filed by the NDLEA, saying from the processes before him, he was satisfied that the defendants were properly served.

    The judge then went on to determine the merit of the contempt application, and held that since Justice Abang had previously ruled on a similar case, the instant suit had become an academic exercise and unnecessary.

    “There should be no overzealous conduct from either of the parties. Government agencies must abide by the rule of law to avoid anarchy.

    “They (AGF and NDLEA Chairman) should be of good behaviour until their appeal is determined.

    “No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court.

    “For the avoidance of doubt, orders of Justice Abang are still subsisting and must be complied with,” Justice Buba held.

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  • Ogun: PDP, INEC to recognise congresses

    Ogun: PDP, INEC to recognise congresses

    The Federal High Court in Lagos has restrained the Peoples Democratic Party (PDP) National Working Committee from recognising or accepting as valid any primaries for next year’s election except those conducted with the Ad Hoc ward delegates list.

    Justice Okon Abang, who made the order, also restrained the Independent National Electoral Commission (INEC) from accepting as valid any such primaries or publishing any list other than the Ad Hoc Ward delegate list prepared by the Adebayo Dayo-led executive.

    The judge granted an ex-parte applicant by the plaintiffs’ counsel, Ajibola Oluyede, allowing them to serve the alleged contemnors with the motion on notice for committal outside Lagos.

    Justice Abang directed PDP and INEC to ensure that the primaries in Ogun State scheduled to hold on December 6, 7 and 8 are conducted only with the Ad Hoc Ward delegate list.

    The plaintiffs are alleging that the respondents had been attempting to remove them from office, despite two Federal High Court judgments affirming the legality of their positions.

    Justice Abang, on Monday, warned that he would not tolerate any disobedience of his orders by anybody.

    He said he would compel former House of Representatives Speaker Dimeji Bankole and former Ogun State governor Gbenga Daniel to appear before him, if they fail to appear before him on December 15.

    Other alleged contemnors in the proceedings are the PDP, Dave Salako and INEC.

    The court had earlier restrained the PDP from dissolving the Adebayo Dayo-led executive in Ogun State. Justice Abang ordered parties to maintain status quo ante bellum.

     

  • Court threatens to arrest Bankole, Daniel

    Court threatens to arrest Bankole, Daniel

    Justice Okon Abang of the Federal High Court in Lagos yesterday said he would order the arrest of former Ogun State Governor Gbenga Daniel, if he failed to appear before him on December 15.

    He said he would also compel former House of Representatives Speaker Dimeji Bankole to attend court should he be absent that day.

    Both are among alleged contemnors in a contempt proceedings by Peoples Democratic Party (PDP) executive committee members in Ogun State, led by Adebayo Dayo.

    Other alleged contemnors in the proceedings are the PDP, Dave Salako and the Independent National Electoral Commission (INEC).

    The Ogun executives initiated the contempt proceedings against them after they allegedly disobeyed court orders.

    The plaintiffs alleged that the respondents had been attempting to remove them from office, despite two Federal High Court judgments affirming the legality of their positions.

    Yesterday, Justice Abang warned that he would not tolerate any disobedience of his orders by anybody.

    “I have jurisdiction to enforce the judgment of this court. It’s up to them to be here on the next adjourned date.

    “If they’re not here on December 15, I will compel their attendance,” the judge held.

    He said it was wrong for anyone to disobey a court order and give the impression that the court was powerless.

    “The court should bark, bite, and where the situation demands, break bones,” the judge warned.

    Justice Abang said he would also not consider any application filed by the alleged contemnors, if they do not appear in court.

    “The alleged contemnors are not in court, but they ought to be in court. It is mandatory that they have to be here. They cannot be in the comfort of their homes. They must be in court before any application filed by them can be taken.

    “The second (Bankole), third (Daniel) and fourth (Salako) respondents have no reason for being absent in court today and no reason has been offered for their absence. It’s not a civil matter. This is a quasi-criminal matter,” the judge said.

    He described such behaviour as “reprehensible to the extreme”, adding: “I will not be a party to this type of unwholesome development.”

    The judge granted an ex-parte application by the plaintiffs’ counsel, Ajibola Oluyede, allowing them to serve the alleged contemnors with the motion on notice for committal outside Lagos.

    The judge also restrained the PDP National Working Committee from recognising any primaries except the ones conducted by the Adebayo-led executive.

    The court restrained INEC from accepting as valid any such primaries or publishing any list other than the Ad Hoc Ward delegate list prepared by the applicants.

    Justice Abang directed PDP and INEC to ensure that the primaries in Ogun State scheduled to hold on December 6, 7 and 8 are conducted only with the Ad Hoc Ward delegates’ list.

    The judge warned that if the alleged contemnors failed to report in court, including INEC’s principal officer, he would strike out any of their motions before him.

    “If they’re not in court, I will strike out any motion filed by them.”

    He adjourned till December 15.