The Nation Newspaper

Tag: Lawyer

  • Lawyer held for alleged N4.5m fraud

    The Federal Criminal Intelligence Investigation Department (FCIID) at Alagbon, Lagos, has arrested a 50-year-old Lagos-based lawyer, Chidi Uzoije Amadi, over an alleged N4.5 million fraud.

    Amadi, who claims to be from Abia State and living in Amuwo in Lagos on his Facebook page, is said to be a graduate of Law from Abia State University, Uturu.

    It was alleged that sometime in 2013 Amadi promised a businessman, Augustine Chigbo Okoro, that he could secure him 20 plots of land at the Ibeju Lekki area of Lagos State, for N200, 000 per plot.

    He allegedly collected N4.5m from Okoro for the deal but failed to deliver the property.

    Amadi was arrested by the police and arraigned yesterday before an Igbosere Magistrates’ Court in Lagos on a single count charge of fraud.

    Prosecuting Deputy Superintendent of Police (DSP) Ezekiel Upah from the Legal Office of FCIID, informed the court in charge No. I/0716 that the defendant, with intent to defraud, obtained N4.5m from Okoro “by falsely representing yourself to him that you were capable of providing 20 plots of land for him at the cost of the said amount of N4.5m only in Ibeju Lekki area of Lagos.”

    The prosecutor added that the offence is punishable under Section 312(3) of the Criminal Law of Lagos State. The offence carries a penalty years in jail.

    Amadi pleaded not guilty.

    Senior Magistrate H. O. Amos granted him N500,000 bail, with two sureties in the like sum. He remanded the defendant in prison custody pending the fulfilment of the bail terms and adjourned till March 3.

  • INEC urged to release certificate of returns to Chris Uba, others

    INEC urged to release certificate of returns to Chris Uba, others

    Chief Chris Uche, (SAN) has written to  the Independent National Electoral Commission (INEC) demanding the  release of certificates of returns to Chief Chris Uba, Senator Annie Okonkwo, Senator John Emeka and 41 others.

    This is coming on the heel of  last week’s Supreme Court Judgment which resolved the leadership crisis in the  Anambra State Peoples Democratic Party (PDP) in the favour of the Ejike Oguebego faction which conducted primaries for the affected persons.

    The apex court, in a unanimous judgment by a five-man bench upheld Ejike Oguebego led executive committee of the party against the judgment of the Court of Appeal.

    Uche was the counsel to the Oguebego faction at the court.

    In his letter addressed to INEC Chairman, Prof. Mahmood Yakubu, titled “Compliance with judgement of Supreme Court Anambara state PDP National Assembly Candidates SC/37/2015-Ejike Oguebego and Anor vs Peoples Democratic Party (PDP)” dated 29th January 2016,  Uche stated that the effect of the Supreme Court judgment is that those who were not part of the list of candidates produced by the congress/primary elections under the watch of Oguebego and his executive committee ought and must vacate the positions they presently occupy on the ground that they were not validly nominated.

    Already, there is confusion over the fate of the present members of the National Assembly on the list of the other faction of the party.

    The names of Chris Ubah, Annie Okonkwo and 42 others were replaced following the Appeal court judgment of 6th February 2015, prior to the 2015 general elections.

    Uche who is the counsel to affected candidates on the list of Oguebego in his letter to the electoral body stated further that now that the apex court has finally settled this matter, it was the responsibility of INEC to enforce and comply with the said judgement.

    Uche who also copied the Chairman, Legal Service Committee, INEC Headquarters, Abuja; Ibrahim Bawa, (SAN), Director, Legal services department INEC and Hassan Liman, SAN INEC Lead Counsel stressed that there was no other primary election conducted by PDP to produce any candidates other than the one that produced his clients.

    The letter reads in part: “the effect of the Supreme Court judgment consequently is that all those who were  not part of the list of candidates produced by the congress/primary elections that the Ejike Oguebego and his executive committee participated in, and monitored by INEC ought and must vacate the positions they presently occupy having not been validly nominated.

    “In the light of the foregoing, we therefore demand that your commission complies promptly with the said judgment of the Supreme Court by issuing forthwith Certificates of Returns to our clients as the authentic and legitimate candidates of the Peoples Democratic Party for Anambra state who won the election, the entire gamut of litigation having been exhausted.

    “We look forward to your timely cooperation and compliance.”

  • Lawyer docked for failing to file tax returns

    Lawyer docked for failing to file tax returns

    The Edo State Board of Internal Revenue has dragged a Benin based lawyer, Kingsley Obamogie, before a Mobile Revenue Court sitting in Benin City over failure to file tax returns.

    Obamogie was arraigned on a two count charge bothering on failure to his Personal Income Tax returns for the year 2013 and 2014.

    The offense is punishable under section 94 (1) of the Personal Income Tax Laws of the Federation of Nigeria 2004 as amended.

    Counsel to Obamogie, Ighodalo Imadegbelo, filed a motion for preliminary objection challenging jurisdiction of the court to entertain the matter.

    Ighodalo also applied for a date for report of settlement of the matter out of court.

    Counsel to the Revenue Board, Kingsley Odabi, agreed with Ighodalo but insisted that hearing would begin at the next adjourned date if the settlement fails.

    Trial Judge, Justice Joe Acha, adjourned the matter to February 17 for report of settlement of hearing on the preliminary objection.

    Justice Acha however convicted the Ever Well Table Water Company for failure to submit tax returns from January 2012 to September 2013.

    Acha ordered representative of the company to be put behind bars for two months or pay a fine of N50, 000 and an additional N10, 000 as cost of litigation.

  • 50 cheers to a lawyer

    50 cheers to a lawyer

    For Ibukun Oluwa Oremodu, a lawyer and the Baamofin of Arigbajo land in Ogun State, it  was a day to give thanks to God for turning 50. The celebration held at the Redeemed Christian Church of God (RCCG) Green Pasture Chapel, Fagba-Iju, Lagos State. OLATUNDE ODEBIYI reports.

    The Redeemed Christian Church of God (RCCG) Green Pasture auditorium in Fagba-Iju, Lagos State, was decorated with purple and yellow fabrics. It was the day an elder in the church, Ibukun Oluwa Oremodu, a lawyer and the Baamofin of Arigbajo land in Ogun State, turned 50.

    He looked handsome in cream lace buba and sokoto. He sat with his wife, Adedoyin, who  also wore the same attire.

    Many royal fathers came to share in his joy; church and family members and friends were also there.

    The church choir led the gathering in praises. The celebrator and his wife could not hide their gratitude as they danced to the songs.

    In his ministration, Pastor Yomi Olurinto spoke on  “Season of rejoicing, what am I living for”.

    He read Psalm 90, 10-14; Colossians, 1:27 and Numbers 23:10.

    He urged the congregation to serve God faithfully and be God-cautious.

    After the service, the celebrator and his wife cut the birthday cake at the spell of JESUS. The cake was purple and white colour.

    Chairman on the occasion, Chief Victor Odunaiya, described the celebrator as wonderful, loving, understanding, articulate and friendly. He urged him to continue to do his job without fear of default to anyone, and he should make God first in all that he does.

    At the thanks giving, Pastor Soji Omotunde of The Nation led the gathering in prayers for the celebrator and his family.

    Many of the guests spoke about the celebrator before the ceremony continued with a reception at the same venue.

    Olu of Arigbajo Land in Ewekoro Local Government, Ogun State, Oba Timothy Oluwole described the celebrator as honest, gentle, a goal getter and a Christian to the core.

    He thanked God for the life of the celebrator, saying he was a small boy at 50.

    Bishop Olusesan Adeniran described him as an intelligent lawyer.

    “He has a good relationship with people, his clients, the church and the public and he would not compromise his Christian faith for any reason. He is an example of a Christian in the legal practice, interacting in cases without involving anything outside his Christian faith,” he said.

    HRM Oba Fatai Alani Matanmi, the Onijoko of Ijoko Ota, Ogun State, said the celebrator is nice and someone to reckon with.

    He urged him to take life easy at 50 and prayed God to give him long life.

    A lecturer at the University of Lagos, Dr Abiola Sunny, described the celebrator as a calm and amiable person who is committed to his work,

    He described his relationship with him as wonderful over the last 30 years they had known.

    He advised, the celebrator to learn to behave like an adult, he should get closer to God, get committed to community work and try to recognise that life is not all about self, but about society and making it to heaven, he added.

    The celebrator  said he felt great and exceedingly grateful to God.

    He said he had over the years passed through storm but God has been graciuos.

    “Am not only a writer, litigation for 26 years, I’m into land matters and I win my cases. There has been arrows shot and a lot of people have died but I keep on standing because God has been on my side”.

    He said at 50, he has to slow down as he has achieved the necessary things that one should have. He said life has taught him that what you give is what you receive, adding that one had to be hard working to make achievements in life.

  • Arms scam: Absence of Dasuki’s lawyer stalls proceedings

    Arms scam: Absence of Dasuki’s lawyer stalls proceedings

    Proceedings were stalled Thursday in the N13.5billion arms scam involving a former National Security Adviser (NSA), Mohammed Sambo Dasuki and five others before a High court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    Dasuki is being tried with a former Director of Finance and Administration, Office of the National Security Adviser, Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Babakusa and two  companies – Acacia Holdings Limited and Reliance Referral Hospital Limited  – on a 19-count charge  bordering on money laundering and criminal breach of trust.

    At the mention of the case Thursday, prosecution lawyer, Rotimi Jacobs (SAN), told the court that lawyer to Dasuki, Ahmed Raji (SAN) was absent and had written him, seeking the adjournment of proceedings to Friday.

    Jacobs said: ‘‘Counsel to the first defendant wrote a letter to me, saying that he won’t attend today’s proceedings on the grounds that he will be appearing before an election petition tribunal in Lokoja, Kogi State.”

    Jacobs told the court why Dasuki was equally absent in court.

    He said ‘‘when I inquired about the first defendant, I was told he is not in the custody of the EFCC (Economic and Financial Crimes Commission). On further enquiry, I was told that he is with the Department of State Services (DSS). We have, however, made moves to ensure that he is produced in court this morning. My Lord, they are bringing him to court this morning.’’

    Responding, lawyers to the other defendants in the case insisted that Dasuki must be produced before further proceedings could be conducted in the case. The lawyers, including Solomon Umoh (SAN) were of the view that since it was a criminal trial, the presence of all the defendants was necessary.

    Trial judge, Justice Hussein Baba-Yusuf later suspended proceedings for about an hour to enable the prosecution fetch Dasuki.

    When Dasuki was later brought in around 11.00am by DSS operatives, Jacobs urged the court to adjourn to the next day in view of the request of the ex-NSA.

    Justice Baba-Yusuf later adjourned to today when the other defence lawyers did not object to Jacobs’ request.

     

  • Lawyer seeks recovery of loot by plea bargaining

    A Senior Advocate of Nigeria, Prince Adeniyi Adegbonmire, has urged the Federal Government to use plea bargain to recover money from corrupt politicians.

    Adegbonmire, a governorship aspirant in Ondo State on the platform of All Progressives Congress (APC), said while offenders should be punished for stealing public funds, there should also be legal provisions to recover the loot.

    He said: “Plea bargaining is a concept that was developed in the Western world, particularly as regards financial crimes; and the idea was that most of those financial crimes are so intriguing that it becomes difficult to disentangle. The white man then decided that, rather than waste so much time, energy and resources prosecuting people, we can actually plea bargain and say, ‘return it for a lesser custodian sentence.’

    “It’s not that you don’t go to jail, but it is a custodian sentence. It is as if a man is tried today and found guilty, there is what lawyers call allocutus; which is, your lawyer would say, ‘he is a first offender, he has never offended.’ So, rather than give him a maximum sentence which may be 10 years, the sentence may be commuted to two years because he has shown remorse and returned money.

    “Don’t forget this: plea bargain means you will still be convicted but because you do not allow us to spend additional money getting the money back from you.”

    “Now if you are able to achieve that without the added cost of prosecution, then it is a lofty idea,” he said.

  • Lawyer urges FG to motivate Armed Forces

    Lawyer urges FG to motivate Armed Forces

    A legal practitioner, Mr Spurgeon Attaine, has urged the Federal Government to come up with policies that will motivate the country’s armed forces to always give their best for the nation.

    Attaine was speaking against the backdrop of the Armed Forces Remembrance Day, celebrated on Jan. 15.

    He told the News Agency of Nigeria (NAN) in Lagos on Thursday that the country’s fallen heroes should be adequately remunerated to boost the morale of the officers and men of the armed forces still in active service.

    “If you celebrate past heroes very well and then the families of past heroes are adequately taken care of, it will become incentive.

    “It will give them some kind of positive feeling; it will motivate the other officers, who are still in service and even encourage those yet to join the armed forces to do the country proud.

    “These people have laid down their lives in the past for the survival of our country, since independence in 1960.

    “A lot of Nigerians died during the civil war, yet our country is not celebrating these people enough.

    “It is not enough for the country to roll out drums on every Jan. 15 and begin to deliver speeches that are not backed by action.

    “From now on let us look forward; the country should spell out what each officer stands to gain in the event of falling on the battle field; what the family will have as benefit and how they will be catered for.

    “These are the issues that should always agitate the mind of the Federal Government.’’

    Attaine also called on corporate organisations, the state and local governments to assist the Federal Government in boosting the welfare of the families of fallen heroes.

    “The state governments of this country should not leave this to the Federal Government alone.

    “The state and local governments should contribute their quota by way of setting aside an amount of money for the upkeep of the families of these fallen heroes.

     

  • Businessmen sue lawyer, others for alleged libel

    Two businessmen, Ola Rosiji and Anil Ahluwalia, have filed a N520 million libel suit against a Lagos lawyer, Chief Chris Okunowo and a news medium over an alleged libelous publication.

    The plaintiffs are claiming N500 million damages and N20 million as legal cost.

    They also sought an order of perpetual injunction restraining the defendants, whether by themselves, servants or privies from further publishing the libelous material.

    The claimants said they were allegedly defamed by a publication titled: $8.8bn fraud: lawyer faults Briton’s extradition plan.

    They claimed that the publication was malicious, extremely offensive and calculated to disparage their image, integrity and business.

    According to them, sometime in 2007, they formed Green Fuels Limited (GFL) as a joint venture between them (Rosiji, Ahluwalia), Comcraft Group and Mr. Deepak Khinani (a Briton).

    They said GFL was formed on October 9, 2007 with an authorised share capital of N10,000,000.00 to engage in the business of supplying compressed natural gas to industries in areas where piped natural gas is not available.

    The claimants said they were the initial subscribers of the Memorandum and Articles of Association of GFL and equally held 1,250,000 units of shares, while Khilnani ran GFL’s affairs.

    They said the board, on January 20, 2010, increased GFL’s share capital to 150 million ordinary shares and re-allotted with 75 percent of the shares to IEAL (one of Khilnani’s companies).

    They alleged that while Khilnani’s oversaw the affairs of GFL, the company had business dealings and transactions with IEAL, Gentec and CNGT (all owned by Khilnani).

    The plaintiffs said they later discovered that Khilnani allegedly defrauded GFL of huge sums of money. They reported to the police, which filed criminal charges against him.

    Okunowo had denied that Khilnani, charged with $ 8.8m fraud before a Lagos State High Court in Ikeja, jumped police administrative bail or absconded.

    He said his client was a foreigner doing legitimate business in Nigeria, adding that the insinuation that Khilnani might be extradited to Nigeria to face trial was misconceived.

     

  • Lawyer to court: dismiss MTN’s suit against NCC

    A Lagos lawyer, Mr Tope Alabi, has urged the Federal High Court in Lagos to dismiss MTN Nigeria’s suit against the Nigerian Communications Commission (NCC).

    He said the N1.04trillion fine imposed on MTN is in order, adding that the telecoms firm has no reasonable case against NCC.

    According to Alabi, granting MTN’s reliefs will result in “people breaking one law and hiding under another law to escape liability.”

    MTN is urging court to quash the $3.9billion sanction imposed on it by NCC in October for failing to disconnect unregistered subscribers. The initial fine of $5.2billion was reduced by 25 per cent to $3.9billion earlier this month. Yesterday was the payment deadline.

    But MTN through its lawyers led by a former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) is challenging NCC’s powers to impose the fine. It argued that NCC being a regulator cannot assume all the functions of the state.

    However, Alabi, in an application seeking to be joined as an interested party, said MTN’s suit is abuse of court process that must not be tolerated.

    The lawyer said for over three years, NCC had directed all service providers to register their SIM cards already sold and in circulation. He said he duly registered his line sometime in 2012 and MTN called him in 2013 to obtain further information towards completing the registration.

    “The first defendant (NCC) gave time limit for all subscribers to register their SIM cards. The time limit was also extended repeatedly. The plaintiff was in default to register 5,200,000 subscribers

    “The plaintiff could register all the 5,200,000 subscribers SIMs in default within the time limit and extended time given by the first defendant. I believe other service providers such as Airtel, GLO, Etisalat, Starcomm strictly complied with the first defendant’s directives without defaulting; except the plaintiff.

    “The plaintiff never denied it defaulted in registration of the 5,200,000 subscribers. The fine imposed on the plaintiff by the first defendant is in order. The suit of the plaintiff with reliefs sought therein will encourage culture of impunity in Nigeria.

    “The law under which the plaintiff is subjected to liability is justice-able and valid. It is in the interest of justice to grant this application for the applicant to defend this suit within the purview of the law,” Alabi said.

    Alibi prayed the court to grant his application so that he could prove that MTN has no reasonable cause of action against NCC, and that granting MTN’s prayers will encourage a culture of impunity in Nigeria “whereby people would do all kinds of illegal and unlawful acts and get away with it so long as they can secure legal service to escape liability.”

    He said: “My Lord, the plaintiff in this suit has not denied it defaulted in registration of 5, 200,000 subscribers. It only came before the court for sympathy that the fine of N200,000 per SIM is too excessive.

    “I know of fact that such a complaint does not warrant the court to quash the fine or the entire fine and set the plaintiff free to go home without fine. This, if the court allows, will massively lead to conduct of impunity of ‘I can do anything and nothing will happen’; so long as the court is there to set an offender free.

    “My Lord, we believe that Nigeria is not a dumping ground and at the same time, it is not a country of anything goes, neither is it a lawless country. The law under which the fine was imposed on the plaintiff is valid and subsisting and in accordance with the Constitution.

    “The plaintiff is seeking equity with dirty hands. The equitable jurisdiction of the court cannot be invoked mala fide by the plaintiff. We urge the court to so hold,” Alabi added.

  • Lawyer, NERC square up over new electricity tariff

    Lawyer, NERC square up over new electricity tariff

    The Dr. Sam Amadi-led management of the Nigerian Electricity Regulatory Commission (NERC) is alleged to have breached a subsisting court order which compelled the former to discountenance electricity tariff in the interim pending the adjudication of the case before the Federal High Court in Lagos.

    Toluwani Adebiyi, a lawyer particularly faulted the new electricity tariff declared by NERC, saying it is contemptuous of court.

    Adebiyi who had taken the NERC to court got an order by the Federal High Court in Lagos to stop commission from further increasing its tariff, said the injunction granted by Justice Ibrahim Idris against any increment was subsisting and had not been discharged.

    Adebiyi, who filed the suit, in a letter to Minister of Power Babatunde Fashola (SAN), said it was unfortunate that an order of court would be violated under a democratic dispensation.

    Justice Idris had made the order on May 28 restraining NERC from increasing tariff in June. The judge later restated the order, saying it subsists until the substantive matter is decided.

    “It becomes very sad, frightening and legally embarrassing when such flagrant disregard happens not in a military era, but in a democratic dispensation,” Adebiyi said.

    He said it was even more unfortunate because NERC chairman Dr Sam Amadi; Fashola and Vice-President Yemi Osinbajo (SAN) are lawyers and should know better than to approve a tariff when an order was subsisting.

    The lawyer said he would initiate contempt proceedings should the new tariff be implemented in spite of the order.

    Adebiyi who scorned NERC’s argument that fixed charge is universal and as such, should be to service permanent investments like cables, poles, transformers, etc, said, such can only work if the electricity consuming public enjoy 24hrs light as supplied by those countries, the initiators of the fixed charge. “Till date, communities are still providing poles, cables and transformers for their own use. Thank God the fraudulent fixed charge is now abolished,” he said.

    The lawyer also argued that the non-availability of meters is intentional, as it allows the DISCOS to get anything they want through the outrageous estimated billings, despite the N2.9b metering subsidy made available for this purpose by the federal government.

    The NERC had in a statement last week announced that it will jack up energy tarrif, while assuring that electricity consumers will only pay for what they consume from month to month.

    Speaking on the new tariff, the NERC boss said: “The objective of the new tariff is to enable prudent consumers to save money on electricity bill as they can now control their consumption and not pay monthly fixed charges.”

    Specifically, he said: “For instance, residential customer classification (R2) in Abuja Electricity Distribution Company will no longer pay N702.00 fixed charge every month. Their energy charge will increase by N9.60. Also, residential customers (R2 customers) in Eko and Ikeja electricity distribution areas will no longer pay N750. 00 fixed charges. They will be getting N10 and N8 increase respectively in their energy charges. Similarly, the burden of N800.00 and N750.00 fixed charges would be lifted off the shoulders of Kaduna and Benin electricity consumers. These consumers will see an increase of N11.05 and N9.26 respectively in their energy charges.”