Tag: Lawyer

  • Lawyer seeks divorce

    A Lawyer Mrs Hezelyn Chinwe yesterday pleaded with a Mushin Customary Court in Lagos to dissolve her two-year-old marriage with Ernest over lack of care.

    Mrs Hezelyn said Ernest no longer care and give her the necessary attention and love she needs as a wife.

    Earnest also accused Hezelyn on maltreating her step son. He also told the court on how she went out two occasions without informing him and coming home late at night.

    “I have a son whose mum died few years back, ever since the boy came to the house she has been maltreating the boy and feeds him with expired and rotten food. Whenever I confront her concerning the issue, she yelled at me and never allow me utter a word,” he said.

    Magistrate R.O Mushishi adjourned the case to August 24.

  • Lawyer arraigned for ‘N4.8million fraud’

    A lawyer Johnson Anumudu was yesterday arraigned before a Lagos Magistrate’s Court, Igbosere, Lagos for allegedly defrauding his colleagues of N4.8million.

    The defendant was alleged to have obtained the money from two other lawyers seeking an office accommodation.

    Anumudu pretended as the owner of the property where the complainant sought office space.

    Arraigning the lawyer before Magistrate M. Owumi on nine counts of impersonation, stealing and obtaining under false pretences, prosecuting Inspector Philip Osijale told the court that the offence was committed in September last year, at 15B, Fatai Arobieke Street, Lekki phase 1.

    He told the court that the defendant fraudulently obtained N2.8million from one Olufunke Afolabi with the pretence of renting her an office accommodation, adding that another N2million was obtained from one Adebisi Fajuyigbe by the defendant for same purpose.

    ýHe alleged that after the complainants have paid and commenced renovation, the real owner of the property surfaced.

    Osijale said when the complainants confrontedý the defendant and demanded a refund of their money, he issued them dud cheques of N400,000.

    According to the prosecutor, the alleged offences were punishable Sections 312(3), 285(1), 378(1), 319(b) and 313(1)(b) of the Criminal Laws of Lagos, 2011.

    Anumudu pleaded not guilty and was granted N500,000 bail with a surety in like sum.

    The matter was adjourned till August 25.

  • Lawyer condemns killing of Nigerian woman in Ghana

    A Lagos-based legal practitioner, Chief Kofi Atiemo-Gyan, has condemned the killing of a Nigerian woman, Aminat Usman, for alleged rituals in Ghana.

    Media reports on  Amina’s death suggested that  she was hacked to death by her  neighbour, Abdul, who offered to ferry her to a hospital to deliver her baby on July 13, 2015.

    Her body was found without the breasts and private part.

    Gyan,patron of the Ghanaian community in Nigeria, called for a stop to such  killings in Africa.

    “How can people be so barbaric  and cruel to the extent of killing their fellow human being for money making rituals?” Gyan told The Nation in Lagos.

    He asked  African leaders to establishing civic centres to educate the people  on the need to avoid killing people for money ritual and, instead encourage hard work, education and proper planning of their life.

    He added: “our people should be made to understand that whatever wealth they get in life, they have to work hard for it and not by any other magic which they wrongly believed.”

    Gyan tasked religious leaders in Africa to be circumspect in their approach to generating money for their religious organizations.

    He said: “The new generation of religious leaders are part of the problems the African societies are facing through their false preaching. Unfortunately, the religion leaders we have today don’t ask their members how they suddenly got their wealth, provided they can donate money to the church or mosque and pay their tithes and sakat.

    “The religious leaders are creating the impression through their preaching that if one commits murder and comes to a worship centre and pray for forgiveness, his sins would be forgiven. On the contrary, the Bible and the Quran which the religious leaders rely upon admonish  us to do unto others what we want for ourselves.”

    He urged African leaders to rule properly and use the wealth of their nations to fight poverty, while the law enforcement agencies should step up their vigilance against criminals in the society.

  • Lawyer advocates specialised courts for commercial disputes

    Lagos lawyer, Babatunde Fagbohunlu (SAN), has said   specialised courts are better for resolving commercial disputes than the conventional courts.

    Fagbohunlu, who specialises in commercial litigation and is a member of the National Committee on the Reform and Harmonisation of Arbitration/ADR Laws in Nigeria, listed the advantages of such courts to include sensitivity of the judges in such courts to the importance to the economy of quick resolution of commercial disputes.

    “First of all, specialised courts mean enhanced efficiency,” Fagbohunlu said, “You would have a group of judges or a team of judges who are specialised in handling commercial disputes, who have an understanding of what the needs of the commercial community are and who have sensitivity to the importance to the economy of quick resolution of commercial disputes.

    “And you can only have those qualities when you have a team of judges who are focused specifically on resolving commercial disputes, in the sense that they belong to a specialised commercial division.”

    Fagbohunlu, who regularly represents Nigerian as well as foreign and multinational clients in arbitrations administered by arbitral institutions such as the International Court of Arbitration of the International Criminal Court (ICC), also addressed the question of whether arbitration is cheaper than regular litigation.

    He said: “Is arbitration really cheap? Is mediation and reconciliation really cheap? I think it’s very easy to say when you look at the type of fees that arbitrators charge today and when you compare that to the fact that when you go to court, you pay very minimal fees to file your case, you don’t have to pay the judge to hear your case, he’s a public servant and is paid by the state.

    “When you think about that, you’re likely to come to an intuitive conclusion that arbitration is definitely more expensive than litigation, but what needs to be borne in mind is this; if you have a good case, and you take it to arbitration and win, you are likely to recover all that you have expended, unlike in the courts where there’s a lot of controversy as to whether if I win a case against you, then I’m entitled to recover from you all the money I paid my lawyer. So, there’s controversy as to whether that can happen in court. With arbitration, it is specifically spelt out in the Arbitration Act that I can recover all the fees I paid to my lawyer. I can recover it from you because you lost the case.”

  • Lawyer seeks tribunal’s relocation

    Lawyer seeks tribunal’s relocation

    chairman Nigerian Bar Association ( NBA) Eket branch, Mr. Akpadiaha Ebitu has called for the immediate relocation of the Akwa  Ibom State Election Petition Tribunal back to the state to alleviate the sufferings of lawyers and litigants in the matter.

    The Tribunal was relocated to Abuja where it sits to hear petitions file against Governor Emmanuel Udom.

    Ebitu said: “We have been told that the reason given by those that asked for the relocation  is that the Tribunal members and witnesses to the litigants were either harassed or threatened, that the security of the members were not guaranteed

    “My reaction is this simple: Those who sold these blatant lies to achieve their purpose of relocating the tribunals to Abuja are definitely up to some mischief as same cannot be the Akwa Ibom that I am based and practise law in peacefully.

    “My membership of the NBA National Executive Committee since  2004 has afforded me the opportunity  of visiting 32 out of the 36 states and based on this, I can conveniently say that  no state in Nigeria is as peaceful  as Akwa Ibom in the pre or post-election period.

    “Therefore, for any Akwa Ibom citizen to paint a picture to achieve his inordinate ambition is to say the least, very unfortunate and should be condemned by every right thinking Akwa Ibom citizen who loves the state.

    “I, therefore, unequivocally condemn in the strongest terms those behind this regrettable development which now gives  a very erroneous impression that Akwa Ibom is a violent state.

    “Granted but not conceding that per chance, the Tribunal orders a rerun of any of the elections, will they also call for the relocation of the election to another State and ask voters to go there and vote?

    “If according to them the Police and other securities agencies cannot guarantee the safety of the Tribunal members, the litigants and their  witnesses  now, how can these same security agencies guarantee the safety of the voters in the rerun?

    “If the reason for the relocation is for the safety of the witnesses according to them, will those witnesses not return  to Akwa Ibom State after testifying in Abuja?

    “I am sure that if above questions had been considered by  those unpatriotic Akwa Ibom people, they definitely would have had a rethink.

    “I even wonder why those behind the relocation think that they will have any advantage over their opponents because I know the Tribunal  with the calibre of people there cannot be influenced by them and they will definitely give justice properly on the merit of the case.

    “My only concern is the avoidable cost it has brought on lawyers  and litigants alike.

  • Lawyer hails service chiefs’ sack

    Lawyer hails service chiefs’ sack

    Constitutional lawyer Ike Ofuokwu yesterday said the replacement of service chiefs by President Muhammadu Buhari’s was long overdue because the military was partisan under their watch.

    The President, last Monday, approved the appointments of Major-Gen. Abayomi Olonishakin (Chief of Defence Staff); Major-Gen. T.Y. Buratai (Chief of Army Staff), Rear Admiral Ibok-Ete Ibas (Chief of Naval Staff), Air Vice Marshal Abubakar (Chief of Air Staff), Air Vice Marshal Monday Morgan (Chief of Defence Intelligence) and Major-Gen. Babagana Monguno (rtd) (National Security Adviser).

    Ofuokwu said the military lost its professionalism and delved into the arena of “partisan politics and crude oil merchants,” under the former service chiefs’ watch. “ They were indeed an embarrassment to the military,” the lawyer said.

    The Lagos-based lawyer and public affairs commentator was one of those inducted as a Fellow of the prestigious Chartered Institute of Administration (FCIA) in Lagos.

    The induction ceremony was presided over by the institute’s President and Chairman of Council Adm. Goddy Idaminabo, a Fellow, along with other Governing Council members. A highlight of the event was a lecture delivered by Dr Noble Oguguo, also a Fellow and Governing Council member.

    On his expectations of the new service chiefs, Ofuokwu said: “They should first of all restore the integrity and dignity of the military profession by their conduct and discipline, bringing the military out of the realm of partisan politics and confining them to their constitutional roles.

    “They also need to formulate a clear cut defence policy for the nation and by so doing define the level of our engagement and disengagement in internal and external military involvement of our armed forces in conformity with best global practices.

    “They should look into the issue of welfare of service personnel particularly as it affects rank and file in order to boost the morale of our soldiers. Pursuant to the foregoing will be for them to annihilate and eliminate, as it were all forms of insurgency and militancy in whatever decoy they may appear.

    “I expect of them a quantum leap and an improvement on the military-civil relationship which is presently at its lowest ebb.”

  • Lawyer seeks removal of Ondo Deputy Governor

    Ondo State Governor Olusegun Mimiko and the Inspector-General of Police (IGP), Solomon Arase, have been sued at a Federal High Court in Akure, the Ondo State capital, for backing the alleged illegal resumption of Deputy Governor Lasisi Oluboyo.

    The Akure Division of the Federal High Court, last week, struck out a suit, challenging the impeachment of Ali Olanusi as the deputy governor for lack of jurisdiction.

    It noted that no federal agency or official was involved in the case and therefore referred it to the state High Court.

    But a fresh suit by an Akure lawyer, Femi Emmanuel-Emodamori, joined the attorney general of federation (AGF), the police, Department of State Security (DSS), Code of Conduct Bureau (CCB), the chief judge, House of Assembly, Attorney-General/Justice Commissioner as co- defendants.

    Emmanuel-Emodamori asked the court to nullify Oluboyo’s appointment and assumption of office for being wrongly sworn-in by  Attorney- General Eyitayo Jegede, instead of the chief judge as recommended by the 1999 Constitution.

    The lawyer prayed the court to prosecute the deputy governor for violating the constitution by not declaring his assets before assuming office.

    The court was urged to direct the police and the DSS to withdraw the security personnel attached to Oluboyo and to order his prosecution

    No date has been fixed for the hearing.

  • Lawyer warns NERC against electricity tariff hike

    Lawyer warns NERC against electricity tariff hike

    The Nigerian Electricity Regulatory Commission (NERC) and electricity distribution companies have been warned against increasing electricity tariff in the face of a subsisting order of a Federal High Court in Lagos restraining such increment.

    A lawyer and plaintiff in the suit, Toluwani Yemi Adebiyi, said any attempt to increase electricity tariff will amount to a flagrant disrespect of the judiciary, and an action aimed at obstructing justice.

    Adebiyi, in a statement Wednesday, said he was shocked to watch series of interviews on a national television granted by top officials of Ikeja Electricity Distribution Company, in which they advised Nigerians to get ready for electricity increment.

    “I find that action very disrespectful of the judiciary which is currently adjudicating on a case I filed against the planned increment.

    “Let me make it categorically clear that I shall not hesitate to file committal application against the Chairman/Chief Executive Officers of both NERC and the distribution companies if the threat of increment is effected.

    “People must learn to accord the judiciary the needed respect. To be fore warned is to be fore armed,” Adebiyi threatened.

    Justice Mohammed Idris of the Federal High Court in Lagos had restrained the NERC and the electricity distribution companies from effecting any increment in electricity tariff pending the hearing and determination of the suit.

    Adebiyi, in the suit, is seeking an order restraining the NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigerian.

    He also wants an order restraining the NERC from foisting compulsory service charge on pre-paid meters not until “the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used.”

    The plaintiff prayed that the service charge on pre-paid meters should not be enforced until there is visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed.

    The case comes up for hearing on July 9.

  • Kashamu accuses lawyer of working with detractors

    Kashamu accuses lawyer of working with detractors

    Senator Buruji Kashamu has accused a Senior Advocate of Nigeria (SAN), Emeka Ngige, of working with his detractors to bring him down.

    Kashamu, in a statement by his media aide, Austin Oniyokor, said Ngige was seeking to rewrite the true story of his alleged drug deals.

    The statement reads:  “We have monitored media reports credited to Chief Emeka Ngige (SAN) in which he seeks to divert attention from the illegalities of the former Attorney-General of the Federation (AGF), Mr. Mohammed Adoke Bello and the Chairman of the National Drug Law Enforcement Agency (NDLEA), Mr. Ahmadu Giade and to rehash the allegation that have been rejected by British Courts and recently by Nigeria Courts also.

    Emeka Ngige claims that these rejected allegations are the basis of an appeal he has filed against orders and judgments of the Federal High Court.

    “The mischief is clear because no Notice of Appeal has been served on any party yet Ngige has released documents to the media which he claims are Notices of Appeal. This is clearly wrong.

    “It is for this reason we question the authority of Emeka Ngige and Gboyega Oyewole to represent a non-existent AGF

    While Ngige is a well-known lawyer of the All Progressives Congress (APC), Oyewole has represented the former President Olusegun Obasanjo in several cases in the past, including the N20billion libel case that Senator Kashamu withdrew recently.

    “They were conscripted by the Chief Executive Officer of Heyden Petroleum, Mr. Dapo Abiodun, who was defeated by Senator Kashamu in the March 28, 2015  National Assembly election.”

  • Lawyer to Buhari: review Jonathan’s last-minute appointments

    Lawyer to Buhari: review Jonathan’s last-minute appointments

    A constitutional lawyer, Ike Ofuokwu, has urged the President-elect Gen. Muhammadu Buhari to review the recent appointments made by President Goodluck Jonathan.

    The appointments, he said, could not be justified by any one neither is there any political exigency to warrant them.

    He urged the incoming administration to nullify any such appointment if found not to be based on merit.

    Ofuokwu said: “All these last- minute recruitment and appointments should be reviewed by the incoming Buhari administration and where there is no merit in them, should be cancelled and nullified immediately because they are  founded on political considerations.”

    The lawyer said some of the appointments were based on political patronage and to reward those who want relevance at all cost and who seek “an agency of government that must pick up their bills for the rest of their lives.”

    Ofuokwu, an All Progressives Congress (APC) leader in Oshimili North Local Government Area of Delta State, said he mobilised votes for Gen. Buhari and Prof. Yemi Osinbajo (SAN) during the general elections. He faulted a report in which President Jonathan was quoted as questioning Gen. Buhari’s victory.

    He said: “I want to believe that the president was quoted out of context, otherwise it goes further to show the nature and the character of men who ran the affairs of this country for nearly six years.

    “Their approach to issues is simply reductionist. It is anachronism to expect that Jonathan would have won in a free and fair election after a-nothing-to-write-home-about outing of nearly six years. ‘’

    He continued: “In the first place, let’s put the records straight: there was nothing statesmanly about his conceding defeat and congratulating Gen. Buhari even before the winner was announced. That was the only option he had in an election that humbled him.

    “It was only in the imagination of PDP members that they thought that Jonathan could have won that election. It’s therefore a misconception and an abuse of the word to label him a ‘statesman’.

    “It was the most inappropriate word to use for him in an election where we are yet to fathom how he got the bogus votes recorded for him in Rivers, Delta, Akwa Ibom states etc.

    “We all saw the turn out in pre-election rallies and there is no way he could have scored what was awarded him in Kano, Kaduna, Katsina and in some other states.

    “It is simply hypocritical and an afterthought for anybody to question Buhari’s victory. With the exception of the politically nerd, months before the elections, every right thinking person saw the victory coming.

    “As a matter of fact it was the shift in date to enable PDP perfect the art of rigging that saved them from what would have been a total humiliation rejection.”

    Ofuokwu praised APC National Leader Asiwaju Bola Tinubu for his role in ensuring victory at the polls.

    “Like him or hate him, he has indeed proven himself a worthy leader and a consummate politician.

    “Even when he could have joined the ruling party with immense benefit, he remained in his own party, built it into a vibrant opposition and transformed it into a national mega brand while other top politicians were busy jumping ship and indulging themselves in political prostitution.

    “I recommend that present and aspiring politicians should understudy his political sagacity,” he said.

    On his expectations from the incoming APC/Buhari administration, Ofuokwu said: “When you talk of integrity, honesty and resilience, Buhari is a global brand.

    “However, I do not envy Buhari/APC at all because they have inherited a near comatose economy, disillusioned people and morally bankrupt workforce that is bereft of any meaningful legacy,” he said.

    Among others, Ofuokwu wants the incoming administration to review the sale/privatisation of some public utilities.

    “This again lends further credence to the insatiable appetite of the outgoing government to bankrupt this country at all cost with their penchant for primitive acquisition of our common patrimony.