The Nation Newspaper

Tag: Justice Peter Affen

  • EFCC re-opens case against ex-President Jonathan’s chief physician

    EFCC re-opens case against ex-President Jonathan’s chief physician

    The Economic and Financial Crimes Commission (EFCC) on Thursday in an FCT High Court, Maitama, opened its case against Dr Fortune Fiberesima, former President Goodluck Jonathan’s chief physician.

    Fiberesima was alleged to have abused his position as the chief physician to the former president in 2012 in awarding contracts valued at N258.9 million and N36.9 million to companies where he had interests.
    He was arraigned on a six- count charge bordering on abuse of office by influencing the award of contracts to companies where he had interest.

    EFCC said the offences were contrary and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

    The contracts are the reclamation of land at the State House Medical Centre and supply of medical consumables.

    He was granted bail on April 25 on the same condition by EFCC administrative bail, of two directors in government service with landed property in Abuja.

    In addition, he was ordered to deposit to the court registrar his international passport.

    At the resumed sitting, EFCC brought two witnesses out of nine billed to testify in the matter
    The first witness, Mr Aminu Abubakar, retired director, Maintenance, State House, was led in evidence by Hussaina Gambo (Mrs) EFCC counsel.

    He told the court that the contract for the reclamation was awarded in February. 2013 to a company named TE and C Ltd at N358.5 million to be completed within 16 weeks.

    Abubakar said that at the completion of the contract, certificate of practical completion was issued to the contractor.

    The witness also told the court that he was invited to EFCC and DSS in 2015 and 2016 respectively to answer questions in relation to the project.

     

     

    When cross- examined by Mr Granville Alibo (SAN) counsel for the defendant, the witness said that the defendant was never a member of the Tenders Board.

    “Even in the award of the contract, the defendant never sat as a member of Tenders Board which reports to the Permanent Secretary of the State House,” the witness said.

    He also told the court that he did not know if the payment of the contract was completed but that the process for payment was completed before he left service.

    Another witness, Rukiyat Odekunle, told the court that the contract to supply medical consumables was awarded to one Mr Ibomaedomi and Global Services Ltd at N36 million.

    Odekunle said she was the director of procurement at the State House when the contract was awarded.

    When cross examined by Alibo, she also said that the defendant was never a member of the Tenders Board, adding that the Bureau of Public Enterprises (BPE) did not object to the contract.

    The judge, Justice Peter Affen, adjourned the matter until July 13 for continuation of hearing.

  • NEXIM ordered to refund $385,000 to marine transport company

    NEXIM ordered to refund $385,000 to marine transport company

    An FCT High Court, Maitama, on Monday ordered the Nigerian Export-Import Bank (NEXIM) to refund $ 385,000 to Emaren Oil and Gas Ltd for failed business transaction.

    Justice Peter Affen, who delivered judgment in a suit filed by the company, ordered that the amount which was a deposit made by the plaintiff should be refunded.

    “Nigerian Export-Import Bank shall forthwith refund and return to the plaintiff, Emaren Oil and Gas Ltd the sum of $385,000 or its naira equivalent at the official exchange prevailing rate at the time of refund.

    “This sum was deposited as equity contribution towards the acquisition of 5,000 metric tonnes marine tanker vessel together with interest thereon at the interest rate approved by the Central Bank of Nigeria, with effect from Feb. 24, 2009, when the deposit was made,“ he held.

    He also ordered NEXIM to pay the plaintiff N15 million as damages for negligence and for making the plaintiff to enter failed transaction.

    Affen also ordered the second defendant, Mr Adeniyi Adeoye, to pay the plaintiff, N15 million as compensation for non-implementation of memorandum of agreement dated April 16, 2009.

    The judge traced the litigation to an ill-fated vessel acquisition transaction between Emaren Oil and the second defendant, Adeniyi Adeoye, and financed by NEXIM.

    Affen noted that sometime in April 2007, Emaren, a gas transportation company applied for a loan facility to enable it acquire a 5,000 metric tonnes marine tanker vessel for the purposes of its business.

    The company also made an equity contribution of about 20 per cent of the value of the vessel to NEXIM as it was required to do

    The judge observed that for reasons that are not of immediate relevance in the present proceedings, the vessel already identified by Emaren was sold to a third party.

  • Court grants mother custody of child after dissolution of marriage

    An FCT High Court on Wednesday granted Mrs Enohuomen Unuane, custody of her four-year-old daughter, after her marriage with Dr Stanley Unuane was dissolved.

    The judge, Justice Peter Affen, in his judgment held that the evidence adduced by the petitioner (Enohuomen) proved that the marriage has broken irretrievably.

    “The issues of dissolution of marriage can only be granted only when the petitioner satisfies the provisions of Section 15 (2) (e) of the Matrimonial Causes Act, 2004.

    “ The petitioner adduced enough evidence to show that she and the respondent have lived apart for a period of two years preceding the petition.

    “ This fact was eloquently agreed by the respondent in his response and that shows that the marriage has broken down irretrievably. ’’
    “I cannot but rule that the marriage be dissolved, “ the judge held.

    Affen noted that the marriage was contracted on Dec. 8, 2012 at the marriage registry as well as Mary the Queen Catholic Church, Ekpoma.

    He held that the parties should discharge their parental obligations towards this girl- child, not withstanding that the marriage has broken irretrievably.

    “ This court is duty bound to consider the interest of the child as provided for in both the Matrimonial Causes Act and Child Rights Act, I hereby grant the custody of the child to the mother.

    “Since the child is of tender age and also has been with the mother since she was born, the right of custody should be given to the mother.

    “She should give the respondent the addresses of the house where she lives with the child as agreed and the respondent should make a monthly contribution of N40, 000 towards the education and welfare of the child, “ Affen held

    He said that this amount is subject to review and that the petitioner should not travel with the child outside the country without the knowledge of the respondent.

  • Court warns EFCC, Magu over Austrian unlawful detention

    The High Court of the Federal Capital Territory (FCT), Abuja, on Thursday warned the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ibrahim Magu, over the unlawful detention of an Austrian, Wolgang Reinl, by officials of the commission.

    The warning was contained in a Form 48 (notice of consequences of disobedience to court orders) issued by the court’s registry.

    The Form 48, which is the initial steps in the commencement of contempt proceedings against an alleged contemnor, was informed by the refusal of the EFCC and Magu to obey the orders made by the court in recent judgments.

    Justice Peter Affen had on April 20, after listening to Reinl’s lawyer, Mazi Afam Osigwe, argued an application for the fundamental rights enforcement, held that Reini’s detention at the EFCC office at Wuse 2 ,Abuja, from December 28 last year  to February 5, 2016 was  unlawful, unconstitutional and constitutes a gross violation of his fundamental right to dignity of human person and personal liberty

    The judge declared that the seizure of the applicant’s passport by the EFCC constitutes a gross violation of the applicant’s right to freedom of movement contrary to Article 12(2) of the African Charter on Human and Peoples” Rights.

    Justice Affen  order that “the respondent (EFCC) shall release forthwith the applicant’s International Passport seized or confiscated in the wake of his arrest and detention and delist him from their watch list or no fly list.

    “The respondent shall pay forthwith to the applicant the sum of (N10,000,000) as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty,” the judge ruled.

    Osigwe said almost two weeks after the court’s decision, the EFCC and its chairman have “bluntly and flagrantly refused to either release the applicant’s international passport or pay the N10million compensation as ordered by the court.”

  • Court approves Dasuki’s continued detention

    Court approves Dasuki’s continued detention

    Justice Peter Affen of the High Court of the Federal Capital Territory (FCT) in Maitama, on Friday said the continued detention of the ex-National Security Adviser, Sambo Dasuki, was in order.

    The judge while ruling on the application filed by Dasuki, said the Economic and Financial Crimes Commission (EFCC) did not violate any subsisting court order in the detention of the ex-NSA.

    This is the second time a judge is faulting Dasuki’s claim that his continued detention was in violation of a subsisting court order.

    The judge dismissed the application by Dasuki seeking to stop his trial or quash the charges against him.

    Dasuki is arraigned alongside a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, ex-Minister of  State for Finance, Bashir Yuguda, a former Governor of  Sokoto State,  Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru and Dalhatu Investment Limited, on a 22-count charge  of looting about N13billion public funds.

     

     

  • Court fixes May 2 for judgment in Yar’Adua wife’s suit over land

    Justice Peter Affen of the Federal Capital Territory (FCT) High Court, Jabi, has fixed May 2 for judgment in a case instituted by former First Lady, Turai Yar’Adua against her successor, Patience Jonathan, following their inability to settle.

    Mrs Yar’Adua had sued, claiming that Mrs Jonathan has trespassed on the 1.84 hectares land in Abuja earlier allocated to her pet project, Women and Youth Empowerment Foundation (WAYEF).

    Joined as co-defendants in the suit are the Minister of FCT, Federal Capital Territory Administration (FCTA), the Abuja Geographic Information System (AGIS) and the Attorney General of the Federation (AGF).

    Yesterday, WAYEF opposed an application by the other parties for further adjournment, following which the judge informed the parties that the judgment was ready and would be delivered if parties failed to settle before May 2.

    The disputed land, plot no. 1347 Cadastral Zone AOO, Central Business District, Abuja, FCT, was initially allocated to WAYEF while Mrs Yar’adua was the First Lady.

    The FCT Minister, Bala Mohammed had revoked the allocation for what he described as “overriding public interest” and reallocated the same land to Mrs. Jonathan on the 2nd of November, 2011 for the building of the African First Lady Peace Mission headquarters.

    Mrs. Yar’Adua complained that the land allocated to WAYEF on 19 February 2010 was being trespassed upon by Mrs. Jonathan and got a court order dated 5 March 2012 restraining the defendants from affecting WAYEF’s title and interest over the land.

    WAYEF, through its lawyer, Adamu Ahmed Ibrahim and Company is asking for N1.5 billion as general damages, N100 million as exemplary damages, N100 million as aggravated damages in addition to N261 million already paid for Certificate of Occupancy as well as N454 million paid for building designs.

    WAYEF stated that while it appears that the Ministry of Justice may be interested and committed to a settlement, their terms and what they offer says otherwise.

    It said the land being offered by the FCTA was a much smaller parcel of land than the one purportedly acquired from WAYEF for the first lady