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Tag: Mike Ozekhome

  • Looters list: Dokpesi sues Lai Mohammed for N5b

    Daar Communications Plc chairman High Chief Raymond Dokpesi has sued Minister of Information Lai Mohammed at the High Court of the Federal Capital Territory over the publication of his name as a looter.

    He is seeking N5billion damages for alleged defamation of character.

    He is also praying for an order compelling the defendants, including Attorney-General of the Federation Abubakar Malami (SAN), to publish a full retraction of the defamatory publications and to apologise to him.

    Dokpesi said the defendants allegedly sent his name as a looter to the United State Embassy, which in turn notified him on March 16 that his visa had been revoked.

    The US Embassy, he said, told him it was because his name was among a looters list submitted to it by the Federal Government.

    The plaintiff said the publication of his name as a looter was malicious since he has not been convicted by any court of competent jurisdiction.

    Dokpesi prayed that the retraction and apology to him be published both in the social media and in newspaper and televisions stations.

    In the suit filed on Monday through his lawyer Chief Mike Ozekhome (SAN), Dokpesi is also praying for a perpetual injunction restraining the defendants or their agents from further making any defamatory publications against him, and N50million as cost of the action.

    The publications, he said, have prejudiced his constitutionally guaranteed rights to presumption of innocence until proven guilty, and that his right to fair hearing as enshrined in the Constitution has been blatantly violated.

    “The defendants’ defamatory publications are malicious and calculated to overreach and prejudice my fair trial and for purposes of stampeding and cowing the court to convict me at all cost by agreeing with the defendants’ skewed position,” the plaintiff said.

    Dokpesi said on March 30, the defendants allegedly defamed him by publishing his name as treasury looter in a news conference on the basis that he is on trial for allegedly receiving N2.2billion from the office of the National Security Adviser (ONSA).

    According the plaintiff, the defamatory words were understood to mean that he is a corrupt and crooked person, a dishonest man and a thief, unfit to hold public office, incapable of being trusted with public funds and a man lacking in integrity.

    “The defamatory words of the defendants were carefully schemed and embarked upon by the defendants as a way of vendetta to denigrate, disgrace, embarrass, humiliate and subject me to inhuman and degrading treatment before right thinking members of the public and the society at large,” he said in a supporting affidavit.

    Dokpesi claimed that as a result of the publications, his reputation has been seriously injured as he has suffered considerable “distress, odium, obloquy, ridicule, anxiety” and castigating media analyses.

    The plaintiff added that he has received calls from people locally and internationally who “expressed their disappointment that they never knew that he was a man of dubious character” despite his distinguished career in the private and public sectors.

    The plaintiff said he built his reputation in the private and public sectors, having been an assistant lecturer in Marine Transport Economics at the University of Gdansk, Chief Planning Officer at the Nigerian Ports Plc, Head of Water Transport Division at the Federal Ministry of Transport and Aviation, Chairman/Chief Executive Officer of Baldok Shipping Lines Ltd and chairman of Daar Communications Plc, among others.

    He said he also held several national appointments, and has received countless awards and recognition.

    Dokpesi said his friends, professional colleagues and family members have been looking down on him since the publications, with many of them avoiding him “as they now see him as a questionable, dubious and dishonest person.”

    The plaintiff said unless the defendants are perpetually restrained, they would continue to do damage to his reputation.

    No date has been fixed for hearing of the suit which was filed on Monday.

  • Court grants interim forfeiture of Patience Jonathan’s property

    A Federal High Court, Abuja, on Monday, granted an interim forfeiture order of a property belonging to former first lady, Mrs Patience Jonathan.

    Justice Nnamdi Dimgba, who granted the order, held that it was to enable the Economic and Financial Crimes Commission ( EFCC ) investigate the acquisition of Ariwabai Aruera Reachout Foundation, a property liked to Mrs Jonathan.

    Dimba however held that the order would elapse after 45 days.

    The EFCC had filed an exparte motion seeking temporary forfeiture of some properties allegedly belonging to Ariwabai Aruera Reachout Foundation.

    The properties are said to be located at plot 1758, Cadastral Zone, B06 Mabushi and Plot No.1350, Cadastral Zone, Central Business District, Abuja.

    The anti-graft agency also asked the court for an order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the properties.

    “An order authorizing the EFCC to appoint competent person(s)/firm to manage the asset/property listed in the schedule herein, temporarily forfeited to the Federal Government pending the conclusion of investigation.”

    The agency said application was predicated on the fact that the property was a subject matter of investigation, inquiry and examination.

    The judge in his ruling on the exparte motion, granted the EFCC a 45-day of grace period within which to investigate whether the property was acquired by Jonathan with proceeds of crime.

    “I have carefully considered the processes filed. I have also carefully considered the arguments.

    “Accordingly, a period of 45 days is accorded to the EFCC to investigate whether the properties in question were acquired with the proceeds of crime.”

    The judge also dismissed the motion challenging the originating summons.

    Patience Jonathan’s counsel, Mr Mike Ozekhome (SAN), in his reaction to the court’s ruling, said it was a well considered judgment.

    “We did not lose; we won,’’ he said.

    “What the EFCC wanted was for the property in dispute to be attached and forfeited to the government but the court refused, instead, gave them 45 days to further investigate and prosecute if they so wish with liberty to apply for renewal,” he said.

    NAN

  • Melaye’s alleged escape bid: Court sends brother, others to Kuje prison

    A court in Abuja has ordered that a brother to Senator Dino Melaye, Samuel Melaye and three others be remanded in Kuje prison, Abuja for allegedly aiding the Senator to jump off a moving police van.

    The others are Amaefula David, Pius Inyang and Mohammed Wazari.

    The order for their remand in prison was made after their arraignment before the Chief Magistrate’s Court, Mpape, Abuja on a First Information Report (FIR) filed by the police.

    The FIR linked them to the Tuesday’s incident at Area One, Roundabout,  Abuja, where Melaye reportedly jumped off a police vehicle that was said to be conveying him to Lokoja (Kogi State) where he was to be arraigned before a court on a pending charge.

    In the FIR, the defendants were charged  with criminal conspiracy, obstruction of public servant from performing his lawful duties, abatement and assault on police officers, offences said to be contrary to sections  97, 85, 267 and 173 of the Penal Code Law.

    They pleaded not guilty to the charges when the FIR was  read to them on Wedensday.

    Their lawyer Nkem Okoro, from the law firm of Mike Ozekhome (SAN), applied orally for bail for the defendants.

    The police objected to the bail application, following which the presiding magistrate adjourned to April 30 for ruling.

    Melaye’s brother and others are  said to have been arrested by the police at the hospital where Melaye was admitted after the incident.

    They were also alleged to have “jointly conspired and attacked a team of police officers from the office of the Inspector-General of Police S.T.S FHQ, Abuja while conveying Senator Dino Melaye to the court in Lokoja, Kogi Statein Area One Roundabout, Abuja”.

    The police also alleged that the defendants “whisked the suspect (Melaye) away to an unknown destination.”

  • Patience Jonathan: Ozekhome, EFCC’s lawyer clash over representation

    Patience Jonathan: Ozekhome, EFCC’s lawyer clash over representation

    A Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome and counsel for the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo, clashed at the Federal High Court in Lagos on Wednesday.

    The disagreement was over the representation of four companies that pleaded guilty to laundering $15.5million allegedly belonging to former First Lady, Dame Patience Jonathan.

    While Ozekhome is claiming to have been validly appointed to represent the firms, another lawyer, Luke Aghanenu, also claimed that he was briefed by the companies to represent them.

    The companies are – Pluto Property and Investment Company Limited, Seagate Property Development and Investment Company Limited, Trans Ocean Property and Investment Company Limited and Avalon Global Property Development Limited.

    The EFCC arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer Amajuoyi Briggs and a banker, Adedamola Bolodeoku.

    Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    Aghanenu filed a motion for change of counsel, praying the court to hold that he was validly appointed by the companies’ directors to represent them, not Ozekhome.

    The motion was argued before Justice Babs Kuewumi.

    While Ozekhome urged the court to dismiss the application for change of counsel, Oyedepo said he was not opposed to the motion.

    There was a heated exchanged between Ozekhome and Oyedepo when the SAN accused EFCC of trying to determine which lawyer would represent the companies.

    Ozekhome said EFCC being the prosecution should not be interested in who represented the companies.

    He said: “Because we want to set aside the guilty plea of the companies, they arranged with the EFCC to change counsel. We’ll not allow that to happen. They’ll continue to contend with my face.

    “It already show your interest, that you (EFCC) have an interest in who represents the defendants you’re prosecuting.”

    But, Oyedepo described Ozekhome’s comments as prejudicial, saying they were unfair to him and EFCC.

    “The allegation made by the learned SAN is totally unmeritorious. It is not in the interest of justice. It’s prejudicial to us. It’s unfortunate.

    “This not the only case we are both involved in, so why would I not want to see his face?  My prayer is that he should be busy, that people should contact and give him briefs,” he said.

    Oyedepo said it was wrong for Ozekhome to “scandalise” him, but the SAN insisted that the EFCC had a preference for the lawyer who would represent the firms.”

     

  • Executive, NASS can’t dictate election order to INEC – Lawyers

    Executive, NASS can’t dictate election order to INEC – Lawyers

    Senior lawyers said on Friday that neither the Presidency nor National Assembly can dictate to the Independent National Electoral Commission (INEC) on the order in which next year’s general elections should hold.

    According to them, INEC can only act based on the Electoral Act 2010 and its guidelines without recourse to the two arms of government.

    The lawyers, however, said the National Assembly can alter the elections order by an amendment order of the enabling law.

    While the Presidency is in favour of INEC conducting the presidential elections first, the lawmakers want theirs to come before the presidential election.

    A Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, said the National Assembly can alter the order of the election through an amendment of the Electoral Act.

    “What the National Assembly is not allowed to do is to change this law less than six months to any election. We still have 14 months before the election, so they can amend the law to change the order.

    “But, beyond it, it is more responsible and more politically correct to put lesser elections first before the biggest election. The little masquerade first dances in the village square before the biggest of them all comes out.

    “It will have a negative effect if you hold the presidential election first before others. Others like governors or senators would want to go where the president had gone so that they would not be in opposition.

    “Not only that, the person who has won the presidency can decide to muscle others and remove those they don’t want within one week. So, let the small elections come first, which will make the presidential candidate to lobby, work very hard and go down to the remotest parts of Nigeria to campaign, because he cannot take anything for granted.

    “So I think the National Assembly is right in terms of political correctness and morality,” Ozekhome said.

    Former chairman of the Nigerian Bar Association (NBA), Lagos Branch, Mr. Martin Ogunleye, said INEC is empowered to act independent of executive and the National Assembly.

    “The term “independent” in the name of INEC supposes that the Commission ought to be independent of and from external influence. Neither the executive nor the legislature ought to interfere in the time-table,” he said.

    The President of Crusade for Justice, Mr. Richard Nwankwo, said based on the Electoral Act as amended, the power to determine the sequence of an election is vested in INEC.

    However, he said the lawmakers reserve the right to amend the Electoral Act which would leave INEC with no choice.

    “If the National Assembly tinkers with the enabling law and provides the sequence of election, then INEC’s hands would be tied, even though people would look at it as the lawmakers taking undue advantage of their position.

    “But, that does not detract from National Assembly’s powers to make such laws. Whether it is morally or politically right is not the issue. What is in issue is whether the National Assembly has the power to tinker with the law, and that is beyond contention,” Nwakwo said.

    Lagos lawyer, Mr. Tope Alabi, said neither the Presidency nor the National Assembly can impose anything on INEC except through the Electoral Act’s amendment.

     

  • Patience Jonathan’s $15.5m: I was validly appointed to represent firms – Ozekhome

    Patience Jonathan’s $15.5m: I was validly appointed to represent firms – Ozekhome

    A Senior Advocate of Nigeria ( SAN ) Chief Mike Ozekhome yesterday told the Federal High Court in Lagos that he was validly appointed to represent four companies that pleaded guilty to laundering $15.5million allegedly belonging to former First Lady Dame Patience Jonathan.

    Another lawyer, Luke Aghanenu, had claimed that he was briefed by the companies to represent them.

    Ozekhome is praying the court to nullify the guilty plea entered by the companies on the basis that they were not given fair hearing.

    The companies through their representatives pleaded guilty on September 15, 2016, and were convicted for laundering the money when they were arraigned before Justice Babs Kuewumi. 

    The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Trans Ocean Property and Investment Company Ltd and Avalon Global Property Development Ltd.

    The Economic and Financial Crimes Commission ( EFCC ) arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer Amajuoyi Briggs and a banker, Adedamola Bolodeoku.

    Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    Aghanenu filed a motion for change of counsel, praying the court to hold that he was validly appointed by the companies’ directors to represent them, not Ozekhome.

    But, Ozekhome, in his counter-affidavit, said he was properly briefed by the companies through their secretary, Briggs, to handle their case.

    In an affidavit in support of Ozekhome’s motion, a lawyer in his firm, Chimaobi Onuigbo, said the companies representatives who pleaded guilty to money laundering (Friday Davis, Agbo Baro, Dioghowori Fredrick and Taiwo Ebenezer) had earlier denied having anything to do with the companies or being directors.

    He said the representatives also refused to accept service of processes in a suit by Mrs Jonathan against EFCC and others pending before Justice Mohammed Idris.

    The deponent noted that Justice Idris had directed parties to serve Briggs with the process since he was on record as the Companies’ Secretary.

    Ozekhome said when Briggs was served with the processes, he instructed him to defend the companies.

    “Briggs then deposed to an affidavit…where he clearly stated that Chief Mike Ozekhome (SAN) was instructed by the companies to undertake the defence of the 4th – 7th defendants (companies) in all legal proceedings they were involved in,” said the deponent.

    The SAN added that there was no resolution of the board or general meeting of any of the companies that authorised change of counsel, adding that companies through Briggs have not asked him to stop representing them.

    “The attempt to appoint another legal representative by the directors is invalid, having regard to the fact that he (Briggs) vide a sworn affidavit and a letter of instruction given to Chief Ozekhome, asked him to represent the 4th – 7th defendants,” he said.

    Besides, he said Justice Kuewumi had earlier ruled on a dispute on representation, recognising him as the authorised counsel for the companies; therefore, the judge had become functus officio.

    “I know that the application to change counsel is targeted at impeding the administration of justice and to prevent the 4th – 7th defendants from obtaining justice before this Honourable Court.

    “It will be prejudicial to the 4th – 7th defendants as well as the interest of justice in this case if the applicants are granted their prayers for change of counsel,” Ozekhome said.

    Justice Kuewumi adjourned till February 14 for hearing.

  • Court orders probe of Patience Jonathan’s property’s demolition

    Court orders probe of Patience Jonathan’s property’s demolition

    A Federal High Court sitting in Abuja on Monday ordered the relevant agencies to probe the alleged demolition of a property linked to former First Lady, Mrs. Patience Jonathan.

    The said property was demolished in Abuja recently.

    Justice Nnamdi Dimgba gave the directive following complaint filed by lawyer to Mrs. Jonathan, Mike Ozekhome (SAN).

    The lawyer argued that the property owned by a group, A. Aruera Reachout Foundation/Women For Change and Development Initiative and linked with the ex-First Lady, had been demolished by a government agency.

    The property, an uncompleted structure, is located on Shehu Yar’Adua Way, along Mabushi-Kado Life Camp Expressway, Abuja.

    Read Also: Court freezes lawyer’s account over N40m fraud

    The Economic and Financial Crimes Commission (EFCC) had incidentally filed an ex-parte application before the court for temporary forfeiture of the same property.

    However, Ozekhome, who is acting for the Registered Trustees of Aruera Foundation, rejected the move.

    Parties were in court on Monday for the hearing of the applications when Ozekhome raised the issue of the alleged demolition.

    Ozekhome stated that the property has been demolished by a government agency.

    But he did not identify the agency.

    .

  • Lecture: Ozekhome’s invitation an insult to Fawehimi’s memory- Group

    Lecture: Ozekhome’s invitation an insult to Fawehimi’s memory- Group

    Alliance for Nigerian Students against Neo-liberal attacks (ANSA)  has faulted the inclusion of Chief Mike Ozekhome, SAN as a contributor during the 14th Gani Fawehinmi Annual Lecture held at the Ikeja Airport Hotel, Lagos.
    The group which protested while Professor Demola Popoola, Former Dean, Faculty of Law OAU, Ile-Ife was delivering a keynote lecture at the symposium caused  a row at the entrance of the hall.
    National Secretary of ANSA, Adeyeye Olorunfemi, who spoke with our correspondent explained their action.
    “This is not a battle of self aggrandizement, but a show of protest against anyone who wants to rubbish the ideals, the principles upon which Gani Fawehinmi was fought, imprisoned and died. No man must rubbish his principles.
    “We must get to a stage in this country when we see corrupt persons come into our midst and we all stand and leave because of their presence, ” he said.
    Adeyeye  alleged that Ozekhome is know for representing  corrupt persons in the country.
    “It is well known. This is someone who defends Patience Jonathan, Oliver Metuh. He represents anything called corruption in Nigeria. These are the people frustrating the anti corruption battle in Nigeria. Even though the battle is one sided.
    This man coming through the lopsidedness of the law and using that to defend these corrupt officials is against Fawehinmiism which is the philosophy that is even bigger than the family of Gani Fawehinmi.”

    Read Also: Ozekhome mobbed at Fawehinmi lecture

    National Coordinator for ANSA, Sanyaolu Juwon  said inviting Chief Mike Ozekhome as a slap and insult to the memories and legacies of Gani Fawehinmi.
    “What is wrong in the first instance is inviting Mike Ozekhome. We can as well just bring in Obasanjo, Buhari so that we can know that we are no longer honouring the memory of Chief Gani Fawehinmi, ” he stated.
    Juwon described the invitation of Chief Mike Ozekhome as a rude shock. “He represented everything Gani Fawehinmi fought against in his lifetime.”
    “How do you describe someone using the instrument of law to defend corrupt public officials who are the cause of millions of death, hunger, starvation
    unemployment, misery, poverty?
    “How do you use the instrumentality of law to defend their profligacy?”
    Juwon blamed the elite and ruling class for the situations we found ourselves.
    “The reason for our protest is to show our displeasure against the invitation of these guests and to regard it as an insult to memories of Chief Gani Fawehinmi.
    “This is our own way of passing a message.”

     

     

  • Ozekhome mobbed at Fawehinmi lecture for ‘defending corrupt politicians’

    Ozekhome mobbed at Fawehinmi lecture for ‘defending corrupt politicians’

    There was a mild drama at the 14th Gani Fawehinmi Annual Lecture on Monday when protesters mobbed Chief Mike Ozekhome (SAN) and stopped him from entering the the venue of the programme.

    The incident happened at the Lagos Airport Hotel, Ikeja, venue of the lecture organised by the Nigerian Bar Association (NBA), Ikeja Branch.

    The theme of the lecture was: “Federalism, Restructuring and Good Governance: Striking a Balance.”

    Ozekhome, who arrived the venue at 1:10 p.m., was stopped from entering the hall by the protesters comprising youths and students.

    They milled round the lawyer,  composed songs in defamatory words and stopped him from entering the hall.

    The incident forced the keynote speaker, a former Dean of Faculty of Law, Obafemi Awolowo University (OAU), Ile-Ife, Prof. Demola Popoola, to stop his paper presentation for about 20 minutes.

    Those at the high table were the former General Secretary of the National Union of Petroleum and Natural Gas Workers (NUPENG), Chief Frank Ovie Kokori who was chairman of the event and the Adeboruwa of Igbogbo, Oba Semiu Orimadegun Kasali; among others.

    Ozekhome was listed as contributor alongside Ms Onyeka Onwenu and Seun Kuti, son of late Afrobeat legend, Fela Anikulapo Kuti.

    The protesters accused the lawyer of defending Ekiti State Governor, Ayodele Fayose; former First Lady, Mrs. Patience Jonathan and Senate President, Bukola Saraki; among others.

  • Patience Jonathan’s $15.5m: Lawyers disagree over representation

    Patience Jonathan’s $15.5m: Lawyers disagree over representation

    There was a mild drama at the Federal High Court in Lagos yesterday as two lawyers engaged in an argument over who to represent four firms that pleaded guilty to laundering $15.5million allegedly belonging to Patience Jonathan.

    The companies through their representatives pleaded guilty last September 15 and were convicted for laundering the money when they were arraigned in a criminal charge before Justice Babs Kuewumi.

    They admitted laundering the money allegedly belonging to wife of former President Goodluck Jonathan, Dame Patience.

    But the law firm of Mike Ozekhome Chambers filed an application on May 8 on the companies’ behalf seeking to set aside the guilty plea.

    The Economic and Financial Crimes Commission ( EFCC ) has filed a counter affidavit opposing the application.

    The former first lady is also praying the court to unfreeze the accounts in a separate suit.

    The companies are: Pluto Property and Investment Company Ltd (represented by Friday Davis), Seagate Property Development and Investment Company Ltd (represented by Agbor Baro), Trans Ocean Property and Investment Company Ltd (represented by Dioghowori Frederick) and Avalon Global Property Development Ltd (represented by Taiwo Ebenezer).

    EFCC arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer, Amajuoyi Briggs and a banker, Adedamola Bolodeoku.

    Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    Beside the application filed by Ozekhome Chambers, another motion to set aside the guilty plea was filed by Briggs, who was the companies’ secretary, through his lawyer Ige Asemudara.

    Yesterday, Chima Onuigbo, who stood in for Chief Mike Ozekhome (SAN), said he was served with the prosecution’s counter affidavit on Tuesday.

    He sought an adjournment to enable the companies respond.

    Another lawyer, Luke Aghanenu, also appeared  for the companies.

    He claimed he was engaged by the companies’ representatives as their authentic counsel.

    According to him, he is the one who ought to speak on the companies’ behalf, not Onuigbo.

    But, Onuigbo said Mike Ozekhome Chambers was engaged by Briggs to represent the companies.

    He said Ozekhome had been appearing for the companies, saying he was surprised by the new counsel’s appearance.

    He described Aghanenu as an “interloper”, saying he should have filed a proper application.

    Resolving the issue after a long argument, Justice Kuewumi asked Aghanenu to file a formal notice of appearance as the companies’ representatives.

    Asemudara said he was also served with EFCC’s counter affidavit on Tuesday.

    Dudafa’s lawyer Gbenga Oyewole (SAN) said he was not served.

    “As long as we’re involved in this proceedings we are entitled to be served,” he said.

    EFCC’s lawyer Rotimi Oyedepo said since the application was challenging the validity of companies’ plea, it could be heard and judgment delivered at the end of the trial.

    This, he said, would be in line with Section 396 (2) of the Administration of Criminal Justice Law of 2015.

    “I apply that the trial should continue,” he said.

    But, Asemudara said his client was challenging the guilty plea and not the charge, so it should be taken first and ruling delivered before further proceedings.

    He said Oyedepo’s submission was misconceived, adding the case of the second defendant was “intricately connected” with the fourth to seventh defendants’ (the companies).

    He accused the prosecution of delaying the case, saying previous adjournments were at its instance.

    Urging the court to hear the application and deliver judgment, he added: “We don’t want our client to fear they were not given fair hearing.”

    Ruling, Justice Babs Kuewumi held that the application would be heard and determined before the prosecution witness continues with his evidence.

    “Section 396 (2) which says the delivery of the ruling shall be considered at the point of judgment does not apply to this type of application,” he said.

    The judge noted that EFCC’s late filing of its counter-affidavit necessitated the adjournment.

    Justice Kuewumi adjourned until December 12 for hearing of pending applications.