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Tag: Lawyer

Okowa’s defence lawyer loses N44.6m in Delta hotel

•Complainant refuses to show up at police station, says commissioner
•Tribunal delivers verdict today

A senior counsel in the defence team of Delta State Governor Ifeanyi Okowa has lost $200,000 in a popular hotel in Asaba, the Delta State capital, it was learnt at the weekend.

It was gathered that the black market value of the stolen money was about N44.6 million.

But the Delta State Commissioner of Police, Mr. Baba Alkali Usman, confirmed to The Nation that $100,000 was stolen.

It was unclear what the money was meant.

The three-man panel of the State Governorship Election Petitions Tribunal led by Justice Nasir Gunmi is set to deliver judgment today in the two petitions by the All Progressives Congress (APC) and Labour Party (LP) challenging the declaration of Okowa of the Peoples Democratic Party (PDP) as winner of the April 11, 2015 governorship election by the independent National Electoral Commission (INEC).

The defence lawyers to the governor were lodged at the hotel adjacent to the tribunal throughout the duration of the election petition.

The lead lawyers in the defence team are: Dr. Alex Izinyon (SAN) representing Okowa (the first respondent); Mr. A.T. Kehinde (SAN) for the PDP and Damien Dodo (SAN) for the third respondent (INEC).

It was learnt that the money was stolen from Chalet 111 in the hotel, where one of the lawyers resided.

It was learnt that four suspects – two females and two males – were arrested and detained by the police over the theft.

Of the four, a female believed to be the girlfriend of one of the suspects was also arrested.

The suspects are Uchechukwu, Florence , Favour and Chidozie.

It was learnt that the suspects were granted N180,000 bail.

One of the male suspect paid N80,000. Another suspect coughed out N50, 000.

The last two suspects, who were unable to pay the bail sum, were held until their relatives paid N50,000.

The suspects were kept at the Police ‘A’ Division for three weeks before they were transferred to the state police headquarters, where they spent another three weeks.

A source, who spoke on condition of anonymity, revealed that the girlfriend to one of the suspects was apprehended on the ground that the money might have been hidden in her house.

The Nation gathered that subsequent search on the lady’s home by the police did not produce any incriminating evidence.

It was gathered that the management of the hotel, unsatisfied with the conduct of the investigation by the police, petitioned the state police commissioner, who ordered a transfer of the matter to the State Criminal Investigating Department (SCID).

The suspects were released last Thursday.

The police commissioner confirmed that $100,000 was stolen at the hotel, adding that the hotel’s chief security officer lodged a complaint to the police.

He said the police were constrained to act because the lawyer refused to formally lodge a complaint, adding that the police had to release the suspects.

Alkali debunked the claim that the police received N180,000 as bail, stressing that bail was free and that his men would not indulge in such criminal activity.

His words: ‘We have received a case of stolen money from Grand Hotel by the chief security officer of the hotel, who reported that one of his guests lost the sum of $100,000.We incidented the matter at the Police ‘A’ Division and requested that those who worked overnight and those who had the keys to the chalet and those on night duty on that day appear at the police station.

“We visited the scene of the incident. When we did not see the complainant, we had to release those four persons pending when the complainant will come and formally lodge a complaint.

“But the CSO petitioned the Police ‘A’ Division and the matter was transferred to the State Criminal investigation Department. We released the four suspects when the complainant still failed to turn up. We held four suspects .Two of them – members of staff of the hotel, but the other two are not members of staff. The only connection is that one of them is the boyfriend to one of the suspects.

“On the issue of paying N180, 000 as bail, as far as I am concerned, the officer in charge says he does not know anything about it.”

October 26, 2015
Lawyer hails Ayade on highway

A lawyer and arbitrator, Dr. Dorn Cklaimz Enamhe has praised Cross River State governor, Prof. Ben Ayade on the commissioning of the Calabar super highway by President Muhammadu Buhari.

He said the road when completed would help boost development.

“Since he assumed office in the state, he has worked tirelessly to improve the living condition of our people and make the state a pride of all its citizens The superhighway will reduce, significantly, the number of deaths that have become a regular occurrence on that highway. It will also create new towns, cities and also improve on the economy of indegenes. It will nevertheless reduce youth restiveness because young men will be enganged in productive ventures, knowing that they can now export their farm yields through the access road,” he said.

According to him, Professionals such as engineers, surveyors environmentalists or architects will find jobs. “There will also be jobs for casual workers, farmers and women, who will sell foodstuff to workers,” he added.

Other artisans such as mechanics, vulcanizers, restaurant operators, Ena,he said, will be engaged

“Crime will reduce because security will not be too difficult and there will definitely be serious security patrols to guarantee the safety of lives and property on the road,” the lawyer said.

According to him, the road will ease movements and enable new market to open.

“People can then live in Ogoja and come to work in Calabar and avoid paying heavy rents, thereby decongesting the state capital. Many people will have alternative roads to choose from whenever there is need for it,” he said.

On how the people feel about the President’s visit, Enamhe said: “Cross River State has not been lucky with Presidential visits. This is more apparent and noteworthy when viewed from the perspective of an All Progressives Congress (APC) president that is yet to go to many APC states. So, embarking on this visit to a Peoples Democratic Party (PDP) controlled state goes to show the seriousness of the governor, the importance he attaches to the programme and his gift of national networking.”

He continued: “Taking cognisance of the President’s love for change, he must have been highly impressed by the Governor, who himself had used the road and had promised to do something about it in 1996 when he as the Petroleum Trust Fund (PTF) chairman and Senator Banabas Gemade as Secretary of Works were conferred with Doctoral Degrees by University of Calabar. The determination and humility of not giving up must have endeared Mr. President to Gov Ayade to take the groundbreaking programme very seriously.”

On the governor’s achievements since May 29, Enamhe said: “He has been able to consolidate on the already existing peaceful enviroment and made citizens and investors to have more confidence in the state. He has been able to clear all outstanding salaries that he met. He ensures that workers get their salaries on the 25th of each month. He has been able to bring back confidence in the workers so much so that his negotiating skills helped in resolving the judicial workers’ strike that had been lingering for a very long time and only recently resolved the issue of local government workers and pensioners.

According to Enamhe, Prof Ayade has been able to show courage and humility in convincing Mr. President to accept to come back and perform the groudbreaking after the initial cancellation and the political and technical issues raised in the botched visit.

“His personal attitude to work has changed the way and manner civil servants now show seriousness to work by resuming early. There is no more loitering about. They now stay till the official close of work. His appointments has clearly shown his sensitivity to gender balance,” the lawyer said.

October 20, 2015
Lawyer seeks to stop screening

A lawyer in Abeokuta, the Ogun State capital, Deji Enisenyin, has urged a Federal High Court, sitting in Oke-Mosan, to stop the screening of the ministerial nominees of President Muhammadu Buhari.

Enisenyin asked for an injunction barring the Senate President, Dr Bukola Saraki, from presenting for screening, names of nominees submitted to him by Buhari.

The President, Senate President, National Assembly and Attorney General of the Federation were joined as defendants.

Citing Section 147 (1) (6) of the 1999 constitution, the lawyer claimed the Senate President can’t consider the names submitted to him by Buhari on the grounds that the offices to be held by the nominees were not listed along with their names.

In a sworn affidavit in support of the motion, Enisenyin claimed further that the Senate can only screen nominees when the offices for which they were nominated, accompanied their names.

According to him, the court order being sought by when granted, would be in the interest of justice as such won’t be prejudicial to the defendants.

October 12, 2015
Lawyer hails Ayade on aptitude test for appointees

An Abuja-based lawyer and arbitrator, Dr. Dorn cKlaimz Enamhe, has praised Cross River State Governor, Prof. Ben Ayade for introducing aptitude tests for appointees.

He said the decision to subject nominees of political appointment to mandatory integrity and aptitude tests before forwarding their names to the House of Assembly for confirmation was a welcome development.

In a chat with our correspondent, Enamhe said: “ It ought to be a thing of joy and relief, considering that for the first time, there will be a dispassionate way of assessing prospective commissioners, Special Assistants and other officers of the state with a view to identifying their peculiar strengths and weaknesses.

“It will also assist to identify the mental alertness of those who will assist the erudite governor to drive the vision and policies of his administration rather than merely juggling a list submitted by political leaders at ward, local government and state levels.

“Come to think of it, is this not what past governors did, howbeit, mentally and without a definite format? Isn’t it a plus that now there will be specific considerations known to all three members of the committee headed by a learned Senior Advocate of Nigeria, Mr. Paul Erokoro who should submit a report based on pure facts in addition to the fact that the nominees have been recommended?”

Commenting on President Muhammadu Buhari’s botched visit to Cross River State, Dr. Enamhe said: “ There are many lessons to learn here, it’s great to know that a breach of procedure can be curbed by a lot of things in Nigeria like what just happened.

“The Environmental Impact Assessment ( EIA) is ongoing and should be completed without event. Certainly, there cannot be such an adverse impact that would warrant the project being stopped, especially as the road does not affect our forest reserves as many people would like to believe in order to further criticise Professor Ben Ayade.

“The governor is a Professor of Environmental Law, whose programmes are environment and people-friendly. For instance, he recently provided for the recruitment of more than 500 people into the Green Police whose main responsibility is to guard our forests, our biodiversity, ecosystems and ensure sanitation in the state

“The other day, he led others to clean up the capital city, Calabar and this he has done several times.

“Also he has been in the forefront of making sure civil servants come to work early. He has set a standard in the state by being there before the rest.

“He has also personally made sure that salaries that were owed were cleared and is in the process of clearing the remaining backlog of salaries. He negotiated with the Judiciary workers and got them to call off their several months strike which paralysed the courts in the state like many other states of the Federation.”

On the challenge of child labour and prostitution in the state, Dr. Enamhe said: “The State Government has a programme tagged: “Operation Skolombo” to take care of them.

“The government recently cleared Calabar of the menace of street prostitution and other social vices, showing clearly his no-nonesence intolerance for social menace.

“It is more pertinent now than ever, so all hands must be on deck to give our governor the expected support. He has kept his word, the materials for the garment industry have already hit the ground and, but for a few technical issues that are now being resolved, the Super Highway project would have gone very far.”

September 29, 2015
ICPC arrests lawyer for defrauding FG

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has said it arrested a lawyer, Mr Adeola Adeyanju, for allegedly defrauding the Federal Government of N928 million.

The commission made the disclosure on Tuesday in Lagos in its recent in-house news bulletin.

The bulletin said that the suspect allegedly forged the payment mandate of the Ministry of Environment.

The commission, according to the bulletin, alleged that the suspect moved the said amount from First City Monument Bank where the money had been domiciled with his Zenith Bank’s personal account.

“On the same day the money hit his account, he again moved it to a Bureau de Change’s account where the money was converted and paid to him in dollars,’’ it said.

It said the suspect’s counsel, Mr Onyechi Ikpeazu (SAN), had earlier sought for the enforcement of his client’s fundamental human rights from an Abuja High Court with an application for bail award of N100 million as damages.

Ikpeazu, according to the anti-graft bulletin, claimed that the detention of his client was a violation of his human rights, stressing that the suspect was suffering from a strangulated hernia.

The bulletin said the commission’s counsel, Mr Osuobeni Akpors, who opposed the bail application, noted that the suspect had allegedly been a serial offender and that if granted bail, might abscond.

Akpors further stated that the suspect had earlier been allegedly convicted in another High Court in a suit number FCT/CR/14/04, stressing that he had shown no sign of repentance.

“Based on the facts before the trial judge, the suspect was denied bail,’’ the commission added.

September 15, 2015
Lawyer files contempt charge against NERC chief

Activist-lawyer Toluwani Adebiyi has initiated contempt proceedings against Nigeria Electricity Regulatory Commission (NERC) Chairman Dr Sam Amadi on his claim that judges were frustrating reforms in the electricity sector.

The NERC chair made the claim in an August 7 letter to the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

Amadi, who noted that the judges were ignorant of the sector, accused them of handing out improper injunctions, which could discourage investments.

The Federal High Court in Lagos had restrained NERC from increasing tariff, following an ex-parte application by Adebiyi, who sought an injunction to stop NERC from raising power consumption bills without steady power for 18 hours a day.

Adebiyi filed the Form 48 yesterday, which requires Amadi to appear in court to justify his statement or risk a jail term.

The application is entitled: “Notice of consequence of derogatory, unlawful, misguided accusations of Federal High Court Judge, same which is contemptous of the integrity of the court as contained in contemnor’s letter to the Chief Judge of the Federal High Court and published on page 12 of The Nation newspapers of 18th august 2015.”

It reads: “Take notice, that unless you can substantiate and justify your accusation as contained in your letter to the Chief Judge of the Federal High Court dated 7th August, 2015, published in The Nation Newspaper of 18th August, 2015, of which you contemptuously in a very insulting and derogatory manner accused the court, casting aspersions in a way so prejudising, in a matter pending before the court, you will be guilty of contempt of Court and will be liable to be committed to prison.”

Amadi had stated that such injunctive reliefs against legitimate business operations of licensed electricity companies were not well considered.

“MY Lord, permit me to bring to your notice a subtle threat that can undermine the success of the power sector reforms. This threat is in the form of an increasing spate of seemingly reckless and inconsiderate interim injunctions that have been issued against the commission and electricity distribution companies at the instance of consumers, who have not made out clear case meriting such intervention by the court,” Amadi wrote.

But Adebiyi believes that the accusation that judges were granting “reckless and inconsiderate injunctions” was contemptuous.

To him, the NERC chair has derogatorily directed the judges to always exercise restraint and defer to his commission in the exercise of their judicial power, an act that cannot be separated from an intention to subjugate, undermine and intervene with the Judges’ lawful responsibility.

Amadi is expected to appear before Justice Mohammed Idris, who gave one of the restraining orders, on September 23.

September 15, 2015
Lawyer backs special court for corruption

Lagos lawyer, Babatunde Fashanu (SAN), has thrown his weight behind the move by the Federal Government to establish special courts in the 36 states and the Federal Capital Territory (FCT) to try corruption cases.

Reacting to the development, Fashanu told journalists last week in Lagos that the move was welcome, addingthat it would help President Muhammadu Buhari in his anti-corruption fight.

He, however, advised that the government should select judges who are fearless and well associated with the judicial system by virtue of long law practice, noting that the following criteria be added to the screening process if not already.

He said: “It is heart-warming to learn that the anti corruption panel is planning with President Muhammadu Buhari to set up special anti corruption courts throughout the Federation and are screening judges for the courts.

“It is not surprising, however, to learn that many judges are failing the test. I humbly suggest as someone well associated with the judicial system by virtue of my long law practice that the following criteria be added to the screening process if not already:

“Judge must not be living beyond his means which can easily be checked against his salaries and entitlements and lifelong earnings, legacies benefits and investments along with that of his immediate family; avoid lazy Judges who find it difficult to sit in court promptly and are late in delivering judgments and rulings; Judge must be bold and fearless in his conduct of cases and delivery of judgments no matter whose ox is gored, however, not one sided and overbearing having regard to protective provisions as to fair hearing for the accused in the Nigerian Constitution and that a Judge should have some experience of handling criminal cases either on the bench or as counsel (for prosecution or defence) to ensure that he doesn’t have to start learning the practical aspects of criminal law and procedures in the special court which will open him to bamboozling by well oiled SANs or smart defence counsel”, he stated.

Fashanu also canvassed extra security arrangements for judges who will sit over such corruption cases.

“Having said that, extra arrangements should be made for the security of the judges and their families in terms of their safety and monetary convenience having regard to the potential danger and temptation they face trying very rich and powerful people.

“Arrangements must also be made to ensure that they are thoroughly independent of the executive arm of government by including provisions as to their safety, emoluments and security of tenure in the law setting up the courts, to draw their funds directly from a consolidated source”, Fashanu said.

He urged the anti-corruption committee to work on how to keep the judges in check without stepping on their space of independence adding: “it might be a tough one but I’m sure the committee is equal to the task having regard to its composition.”

September 15, 2015
Lawyer arrested with gun in Delta

The Delta State Police Command, at the weekend, arrested a lawyer for alleged illegal possession of a locally made double-barrelled short gun.

Police spokesman Celestina Kalu said the lawyer, Prince Imoh, was arrested in company of his younger brother, Felix Imoh.

In a statement, Kalu said both suspects were arrested at 13 Ohrerhe Street, Agbarho, Ughelli North Local Government Area, following a search warrant on their premises.

The spokesperson said the gun was allegedly recovered when Felix, who was said to have concealed it in his shirt, was trying to relocate it when the police searched the house.

She added the command had begun investigation into the matter.

September 7, 2015
Lawyer sues Buhari for ‘illegal’ AMCON board

Activist-lawyer Ebun-Olu Adegboruwa yesterday filed a suit against President Muhammadu Buhari for appointing the Asset Management Corporation of Nigeria (AMCON) board without recourse to the Senate.

He said the appointments, made on August 19, was in violation of the relevant statutes setting up the agency.

He referred to Section 10(1) (C) of the AMCON Act 2010 which provides that the board, consisting of three executive directors nominated by the Central Bank of Nigeria (CBN) in consultation with the Minister of Finance, must be appointed subject to Senate’s confirmation.

Adegboruwa sought a declaration that the President cannot appoint anyone as executive director of AMCON without complying with Section 10(1)C of the AMCON Act 2010.

He prayed the court to hold that the appointments, having been made without complying with the Section, was illegal, unconstitutional, null and void and of no effect whatsoever.

The lawyer asked for an order “nullifying, annulling, voiding, cancelling and invalidating the appointment of the Executive Directors of AMCON by the President.”

Adegboruwa also sought to obtain an order of perpetual injunction restraining the persons purportedly appointed by the President from functioning or further parading themselves as AMCON’s Executive Directors.

August 25, 2015
Lawyer faults NERC chief on judges

The activist-lawyer, who sued the Nigeria Electricity Regulatory Commission (NERC), Mr Toluwani Adebiyi, yesterday faulted its Chairman, Dr Sam Amadi’s claim that judges were frustrating reform in the electricity sector.

The NERC chair made the claim in an August 7 letter to the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

Amadi, who noted that the judges were ignorant of the sector, accused them of handing out improper injunctions, which could discourage investments.

The Federal High Court in Lagos had restrained NERC from increasing tariff, following an ex-parte application by Adebiyi, who sought an injunction to stop NERC from raising tariff without steady power for 18 hours a day.

In a statement yesterday, the lawyer said Amadi’s claim was grossly unfair and contemptious.

He said the NERC chair should appear in court to explain and justify “this meaningless and contemptuous assertion”.

“So, Amadi expected the judges to fold their arms, identify with NERC’s failure, and refuse to grant injunctions, which have acted as a safety valve to revolt against electricity terrorism in Nigeria?

“He expected judges to watch the further extortion and exploitation of Nigerians by the inefficient power sector that has yielded no significant result since 2005, despite the huge investments?,” Adebiyi said.

According to him, over N5 trillion was estimated to have been spent on the sector since 1999.

“Is it the meaningful and timely injunctions granted by the judges that also caused this? I invite the EFCC to visit the issues raised in The Nation of August 18, 2015,” Adebiyi said.

According to him, if Amadi was dissatisfied with the injunctions, he should appeal “instead of assassinating the character of the judges.”

Adebiyi said: “Amadi also contended that ‘when the court feels compelled to grant such orders, it should endeavour to make the return date early enough to allow respondent be heard on time.’

“In fact, the order not to increase tariff was granted on May 28; May 29 was public holiday, May 30 and 31 were Saturday and Sunday.

“On Monday, May 1, we were in court to perfect arrangement for the service in Abuja, for which the bailiff took off on May 2 to Abuja and NERC was served on June 3, which was so effective and reasonable as to give room for the seven days to reply.

“That seventh day lapsed on June 11. NERC, which is complaining of not giving an early return date, breached the seven days to file its response (Order 26 Rule 5) and 21 days to challenge the court’s jurisdiction (Order 29 Rule 4).

“Yet this same accuser of the forthright judge did not file its response until July 6 (about a month) and without any motion to regularise his filing out of time on July 6.

“The judge was ready to take all pending applications on June 11, if not for the failure of NERC to file its response on time; on NERC instance, the matter was adjourned to July 9.’’

August 21, 2015