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Tag: Justice Taiwo Taiwo

  • Ex-Judge urges FG to convert Emefiele’s seized houses into shelters for the poor

    Ex-Judge urges FG to convert Emefiele’s seized houses into shelters for the poor

    A retired judge of the Federal High Court, Justice Taiwo Taiwo, has urged the federal government to repurpose houses seized from former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, as housing for the poor and underprivileged, instead of selling them to private individuals.

    Speaking at the 16th Annual Lecture of the National Association of Judiciary Correspondents (NAJUC), Lagos chapter, Justice Taiwo criticised the federal government’s approach to asset recovery in corruption cases, lamenting what he described as a culture of impunity and selective justice in the system.

    “I like what I read about the handing over of some houses. But for me, rather than selling them to members of the public, they should be used to house the underprivileged and the poor. That’s what those houses should be for,” he said.

    Justice Taiwo also questioned the rationale behind allowing convicted individuals to retain parts of their loot. “Why should you retain money? What is ₦20 million? I don’t have ₦20 million in my account,” he said, expressing frustration at the leniency often shown to perpetrators of financial crimes.

    He noted that Nigeria’s justice system frequently allows corrupt individuals to escape full accountability. “It’s as if you can just do anything and get away with it. A lot of things have been swept under the carpet,” he added.

    Also speaking at the event, Michael Nzekwe, Chief of Staff to the Chairman of the Economic and Financial Crimes Commission (EFCC), clarified that while the commission is responsible for investigating and recovering proceeds of crime, it does not control the final use of forfeited assets.

    Read Also: Minister, EFCC chair inspect recovered Emefiele estate, begin redevelopment plans

    “We have recovered the houses. We investigated the cases, took them to court, and they have been forfeited to the federal government, not to the EFCC. That is why the EFCC handed them over to the federal government, on whose behalf they were recovered,” Nzekwe explained

    He further assured the public that the EFCC would continue to monitor the use of recovered assets. “We will monitor how these funds are used so that they are not re-looted, and so that they don’t go into the wrong hands again,” he said.

    Nzekwe praised the judiciary’s cooperation, stating that courts at both the federal and state levels have been supportive in prosecuting financial crimes. “There are designated judges for EFCC cases, and we have seen accelerated hearings and good responses,” he said.

  • Okorocha to court: retrieve my certificate of return from INEC

    Imo State Governor Rochas Okorocha has asked a Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to issue him with a certificate of return as the Senator- elect for Imo West Senatorial District.

    Okorocha was announced winner of the February 23 senatorial election as candidate of the All Progressives Congress (APC) for Imo West senatorial district.

    The Returning Officer for the election, Prof Francis Ibeawuchi, declared Okorocha as the winner of the poll, having polled 97,762 votes ahead of his closest rival, Jones Onyereri of the People’s Democratic Party, who was said to have scored 68,117 votes.

    INEC however declined to issue Okorocha with a certificate of return on the grounds that the results were announced by its official under duress.

    In the suit marked FHC/ABJ/CS/296/2019, filed for Okorocha by his lawyer, Kehinde Ogunwumiju (SAN), the plaintiff wants the court grant an order compelling the INEC to issue him a certificate of return as the validly elected Senator for Imo West Senatorial District.

    READ ALSO: ‘Issue Okorocha his Certificate of Return’

    Okorocha, in the suit with INEC as sole defendant, argued that, having been declared winner of the election, INEC has no power to withhold his Certificate of return.

    When the case came up on Wednesday, the court included Onyeriri and that the candidate of the All Progressives Grand Alliance (APGA) in the election, Senator Osita Izunaso as the second and third defendants in the suit.

    While Nwafor Orizu appeared for Senator Izunaso, Emeka Etiaba (SAN) announced appearance for Onyeriri. Mrs. Wendy Kuku represented INEC.

    In view of the inclusion of Onyeriri and Izunaso as parties to the suit, Justice Taiwo Taiwo directed the plaintiff to amend the originating processes to reflect the new parties.

    Justice Taiwo equally directed the defendants to file and serve their processes within 10 days, while lawyer to the plaintiff file and serve his response within three days.

    The judge then adjourned to April 5 for the hearing of all pending applications and the substantive suit.

  • Ekiti Assembly vs EFCC: Court delivers Judgment Jan 24

    Ekiti Assembly vs EFCC: Court delivers Judgment Jan 24

    A Federal High Court sitting in Ado-Ekiti has fixed 24th January, 2018 for judgment on the suit filed by the Ekiti State House of Assembly against the Economic and Financial Crimes Commission ( EFCC ).

    The Assembly filed the suit to restrain the anti-graft agency from launching a probe into its finances.

    The state legislators led by Speaker Kola Oluwawole headed to the court seeking reliefs to stop the EFCC from arresting or detaining them from performing their functions.

    Justice Taiwo Taiwo, at the court’s sitting on Wednesday, set the date for the judgment after counsel to all parties adopted their briefs of argument.

    Counsel to the Assembly, Mr. Peter Nwatu argued that the 1999 Constitution (as amended) provides for separation of power among the three arms of government.

    He contended that there was no reason for a federal agency, as represented by the EFCC, to interfere in the business of a legislative arm of government established by the Constitution.

    According to him, the Constitution is supreme over any agency of the federation including the EFCC on how funds are disbursed to the Assembly or how they are being appropriated.

    Counsel to EFCC, Mr A. Akoja argued that agencies such as EFCC cannot be restricted from performing their statutory duties.

    He urged the court to dismiss the suit filed by the plaintiffs for lacking merit.

  • Man jailed in Ekiti for possession of Indian hemp

    Man jailed in Ekiti for possession of Indian hemp

    A Federal High Court sitting in Ado-Ekiti on Tuesday slammed a one-year prison sentence on one Michael Joel for illegal possession of Cannabis sativa otherwise known as Indian hemp.

    Joel, 25, was arraigned by the National Drug Law Enforcement Agency (NDLEA) after he was arrested on September 15 at Atikankan area of Ado Ekiti, a notorious hideout for sale and abuse of hard drugs.

    NDLEA Prosecutor, Collins Ugwuja, told the court that the accused was caught with 500 grammes of cannabis Sativa at the point of arrest.

    According to him, the offence contravened Section 11 (a) of the NDLEA Act, Cap N30 Laws of Federation of Nigeria. 2004.

    The accused who made a confessional statement during his trial at the court urged the court to tamper justice with mercy.

    Defence counsel, Segun Fowowe, also prayed the court to grant tamper justice with his client, promising that he would turn a new leaf.

    Justice Taiwo Taiwo in his judgment decried the way and manner youths with intellectual ability partake in an illicit drug which could affect their brain.

    He consequently sentenced the accused to one-year imprisonment without any option of fine saying this would serve as a deterrent to others in the habit of taking a hard drug.

  • Court dismisses EFCC application on Fayose’s accounts

    A Federal High Court sitting in Ado-Ekiti on Tuesday dismissed an application filed by the Economic and Financial Crimes Commission (EFCC) for stay of execution of the judgment ordering it to unfreeze the two accounts of Governor Ayo Fayose domiciled at Zenith Bank.

    The presiding judge, Justice Taiwo Taiwo said the application filed by the EFCC to stay the execution of the matter lacks merit.

    The EFCC had on June 21, 2016 froze Fayose’s two accounts with Zenith Bank, alleging that they emanated from the arms funds allegedly siphoned by former National Security Adviser (NSA), Col. Sambo Dasuki (retd).

    The EFCC filed an application at the court on December 15, 2016 seeking a stay of execution of the judgment pending the determination of the case at the Court of Appeal.

    Justice Taiwo had on December 13, 2016 ruled against the EFCC, saying the commission’s actions violated Section 308 of the 1999 Constitution (as amended) and ordered the anti-graft agency to unfreeze the accounts with immediate effect

    A day after the judgment, Fayose stormed the Ado Ekiti branch of Zenith Bank, served the officials of the bank with a copy of the judgment and withdrew N5 million from the accounts.

    The judge said the court cannot stay action on a judgment that had been executed, adding that the EFCC decision to freeze the governor’s accounts amounts to breach of the provisions of Section 308, 1999 CFRN (amended).

    “Once a judgment is being executed, you cannot stay the execution again,” Justice Taiwo said.

  • Arrest Fayose now, protesters tell EFCC

    Arrest Fayose now, protesters tell EFCC

  • Contempt: Judge orders Ekiti Speaker to appear in court Dec 7

    Contempt: Judge orders Ekiti Speaker to appear in court Dec 7

    …Court receives letter from Ozekhome

     

    A Federal High Court sitting in Ado Ekiti has insisted that the Speaker of Ekiti State House of Assembly, Kola Oluwawole, must appear before it on December 7 for his refusal to obey the order to swear in legislator-elect Toyin Obayemi.

    At the resumed sitting of the court on Tuesday, Justice Taiwo Taiwo ruled that the Speaker must comply with his order to inaugurate Obayemi as member representing Ado Ekiti Constituency 1 which was delivered on July 4.

    Obayemi is pressing a contempt charge against Oluwawole for disobeying the court order that he (Obayemi) be sworn in immediately as the legislator to replace Musa Arogundade who was removed by the Court and ordered to refund all salaries and allowances collected since June 5 when the Fifth Assembly was inaugurated.

    The court nullified Arogundade’s election and ordered the Independent National Electoral Commission (INEC) to issue Obayemi a Certificate of Return holding that the latter was not validly nominated by the People’s Democratic Party (PDP) for the April 11, 2015 House of Assembly election.

    The court also held that Arogundade was never qualified to stand as a candidate at the poll on grounds that he fraudulently obtained an Abuja Federal High Court order to validate his candidacy.

    The judge said that court record showed the Speaker has been served Form 49, a notice of why he (Oluwawole) should not be committed to prison for disobeying the order of the court.

    Obayemi’s counsel, Olayinka Sokoya, had earlier told the court that he received a letter from the law chambers of a Senior Advocate, Mike Ozekhome, dated November 18, a day after the last day of sitting.

    Sokoya explained that Ozekhome who is seeking to take over the defence of Oluwawole is praying the court for an adjournment of the case.

    But Justice Taiwo maintained that the proper thing must be done and the court order complied with by the Speaker who he said must consult with his lawyer on the implication of disobeying court order.

    He subsequently adjourned the case till December 7 for further hearing.

    After adjourning, Justice Taiwo said: “The Speaker must obey the order of this court, the proper things should be done. For the avoidance of doubt, the Speaker should consult with his counsel against the next adjourned date most especially as court record shows that he has been served.

    “I will never be intimidated by anybody, somebody was here before. Even if I die the Bench lives on.”

  • Contempt: Court orders Ekiti Speaker to appear November 24

    …Insists Lawmaker-Elect must be sworn in

    A Federal High Court sitting in Ado Ekiti has ordered the House of Assembly Speaker Kola Oluwawole to appear before it unfailingly on November 24 to explain why he failed to obey its order to swear in Toyin Obayemi as the lawmaker for Ado Constituency 1.

    Justice Taiwo Taiwo who gave the order on Thursday showed his displeasure at the absence of the Speaker insisting that he (Oluwawole) as the head of the institution that makes law in the state must show example by obeying the law.

    The judge’s order was Oluwawole’s last chance to clear himself of the alleged contempt or risks committal to prison.

    The drama played out in hearing of the contempt charge filed by Obayemi against the Speaker for his refusal to inaugurate the latter as the legislator to represent Ado Constituency 1 in line with the judgment of the court delivered on July 4.

    Expressing dismay with the Speaker’s action, Justice Taiwo said: “All I want is that the order of this court must be obeyed by the Speaker. Tell him that he must appear before me next week and applicant’s counsel must serve everything that must be served today.

    “He is the Speaker who should be warned to obey the order of the court and since the 1st Respondent has been served with the Certificate of Return, he must obey the order to swear in the Applicant.

    “Majority of our lawmakers are not lawyers but the lawyers among them have turned themselves to politicians. The Speaker must appear at the next date of adjournment; people responsible for churning out laws must be above board.”

    Director of Civil Litigation in the Ministry of Justice, Sunday Bamise, who appeared for the Speaker hinged his absence on what he called “a pressing state matter” saying it was not in the character of his client to disregard the court.

    Bamise told the court that the Speaker had received Form 48 which is a notice to appear before the court and had not been served Form 49 which is a notice of why the order of committal to prison for failure to obey judgment will not be made against him (Oluwawole).

    Counsel to the Applicant (Obayemi), Olayinka Sokoya, said the non-service of form 49 does not preclude Oluwawole from appearing before the court but Justice Taiwo insisted that the due process must be followed.

    Bamise’s explanation that the matter was on appeal did not convince the judge who replied that there was no stay of the judgment which makes it to subsist.

    Justice Taiwo subsequently adjourn the case to November 24 after the two lawyers had agreed on the date for Speaker Oluwawole to appear and offer explanation on why he had refused to obey the order of the court.