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Tag: Mike Ozekhome

  • Senate to appeal high court judgment in favour of Sen. Ndume

    Senate to appeal high court judgment in favour of Sen. Ndume

    The Senate says it will file an appeal on Nov. 13 against judgment of the Federal High Court ordering it to pay all salaries and allowances of Sen. Ali Ndume, who has been on suspension.

    The senate made this known in a statement by its Counsel, Mr Mike Ozekhome, on Sunday.

    The Upper Chamber said  it disagreed with the said judgment.

    “For the records, the Senate had challenged the jurisdiction of the Federal High Court to entertain the matter on several grounds, portions of which are outlined here under for the purpose of emphasis, as follows:

    “That the Plaintiff wrongly joined several causes of action in his Originating Summons.

    “That an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against Committee of a legislative body.

    “That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.

    “The Senate’s argument is supported by various and current decisions of the apex court, it noted.

    The Senate expressed optimism that the decision of the trial court on Ndume would be overturned by the Court of Appeal.

    It said it had instructed the law firm of Mike Ozekhome’s Chambers to file an appeal against the judgment.

    “The notice of appeal is ready and would be filed unfailingly by Monday morning.

    “An application for a stay of execution of the orders of the court will also be filed same time.”

    NAN

  • Court rules on Dasuki’s application to stay Metuh’s trial Nov. 1

    Court rules on Dasuki’s application to stay Metuh’s trial Nov. 1

    The Federal High Court, Abuja, will on Nov. 1 rule on whether or not to stay proceedings in a matter between the Federal Government and Olisah Metuh, pending the outcome of an appeal on the matter.

    Former National Security Adviser (NSA), retired Sambo Dasuki, a party in the matter, asked the court to stay further proceedings pending the determination of his appeal.

    The court would also rule on whether or not to stay execution on a subpoena order issued against Dasuki to compel him to appear in court to testify in the matter.

    Counsel to Dasuki, Mr Ahmed Raji (SAN), told the court on Tuesday that his client, on Oct. 30. filed a motion on notice, praying the court to adjourn further proceedings relating to the subpoena order issued on Dasuki.

    According to Raji, further proceedings should be adjourned pending the determination of an application filed in the Court of Appeal, seeking a stay of execution of the subpoena.

    Raji also informed the court that his client also filed a motion asking for accelerated hearing of the appeal and asked the Court of Appeal to give a date to hear the appeal.

    Similarly, counsel to former President Goodluck Jonathan, Mr Mike Ozekhome (SAN) informed the court that his client had filed an application asking the court to set aside an order of subpoena issued on him.

    Ozekhome said that the subpoena issued on his client on Oct. 23 was to compel his client to appear in court and give evidence in the ongoing trial of Metuh.

    Ozekhome, however, said that in the alternative, the court should direct Metuh to deposit N1 billion to cover his client’s traveling expenses from his home town, Otueke to Abuja to attend court.

    “Metuh, should in line with Section 241(2) of the Administration of Criminal Justice Act (ACJA) deposit the sum of N1 billion with the court to cover the traveling expenses of my client.

    “This is to take care of him and his security operatives and other logistics involved in ensuring that my client appears before the court as President of Nigeria from 2010 to 2015.”

    He further urged the court to rule on his application before entertaining further processes in the matter as stipulated by relevant authorities.

    Counsel to Metuh, Mr Emeka Etiaba had in his submission, prayed the court to discountenance the submission of the prosecuting counsel, Mr Sylvanus Tahir that Dasuki had refused to appear in court.

    Etiaba noted that the submission of the prosecution should have been accompanied by an affidavit and not a mere oral submission.

    Tahir had earlier told the court that the Department of State Services (DSS) had made concerted efforts to bring Dasuki to court, but the former NSA had refused to appear in court.

    “I am in touch with the Legal Director of the DSS and he just sent me a text message saying, subject is still adamant and blatantly refuses to be brought to court except by force.

    “But after much exchange, he agreed to appear in court on the subsequent adjourned date, so you may wish to take a date sometime this week.”

    Justice Okon Abang in his ruling, said that all the applications filed by the parties would be entertained on Nov. 1.

    According to Abang, “from what is before me, I cannot conclude that the DSS flaunted the orders of the court, the issue of Dasuki will be handled administratively.’’

    He said the court would first rule on the application of Dasuki on whether or not to stay proceedings on the matter.

    He said that should Dasuki’s application succeed, further proceedings in the matter would be adjourned.

    He, however, said that if the application failed, the court would deliver ruling on the application filed by the former president.

    Metuh who is standing trial for receiving N400 million from Dasuki had asked the court to issue a subpoena on Dasuki and Jonathan, compelling them to appear in court to give evidence.

    NAN

  • Melaye: Lawyers serve INEC with restraining order

    Melaye: Lawyers serve INEC with restraining order

    Lawyers representing Senator Dino Melaye on Monday said they have served the Independent National Electoral Commission (INEC) with an order restraining it from continuing with the senator’s recall from the Senate.

    Melaye’s lead counsel, Chief Mike Ozekhome (SAN), told our correspondent that INEC was served with the order on Monday morning.

    “The clear order was duly served on INEC this (Monday) morning. “INEC, has therefore, been restrained by Justice John Tsoho from taking any steps on the matter of Senator Melaye’s recall till the hearing and determination of his motion on notice for interlocutory injunction against INEC.

    “The application, along with another for joinder by some persons, was fixed for September 29, 2017,” he said. Justice Tsoho made the order on July 6.

    “He granted an interim injunction restraining INEC or its agents from acting on a petition allegedly submitted by Melaye’s constituents, pending the hearing and determination of his motion on notice for an interlocutory injunction.

    “The judge also barred INEC from commencing or further continuing with the process of recalling Melaye or acting on the petition pending hearing and determination of his motion on notice.

    “Justice Tsoho further restrained INEC from conducting any referendum based on the petition until Melaye’s motion on notice f an r interlocutory injunction is heard and determined.

    “The suit is adjourned to the 29th of September, 2017 for hearing of the plaintiff’s motion on notice and the application for joinder,” Justice Tsoho added.

  • Court adjourns Lawan bribery case till June 21

    Court adjourns Lawan bribery case till June 21

    An FCT High Court, Lugbe, on Wednesday adjourned until June 21 and June 22, an alleged bribery case involving Hon. Faroq Lawan and Femi Otedola.

    Justice Angela Otaluku of the FCT High Court granted the request of counsel to the defendant, Mr. Mike Ozekhome in view of the application brought before it.

    “In view of this application, this case is further adjourned until June 21st and 22nd, 2017 for further hearing,” she said.

    Ozekhome said the request for adjournment was to enable him prepared and drill the witness in the next appearance, adding that there was need to diligently cross examine the witness in view of the case.

    Meanwhile, Ozekhome had earlier made an application to recall Prosecuting Witness Two (PW2) on the basis of his non availability in the court the day he appeared in court because it was handled by a junior lawyer.

    “I was attending a case involving me and the EFCC, so I couldn’t make myself available.”

    However, the request was turned down because the witness could not be recalled to testify again.

    In a swift reaction, Ozekhome promised to take the case up to the Supreme Court to determine if a witness who had earlier testified in a case could be recalled.

    He said this was to strengthen the judicial system and allow justice to run its course.

    Mr. Adegboyega Awomolo, the Prosecuting Counsel led Hon. Jagaban Jagaban, a member of the House of Representatives and a former Chairman, House Committee on Drug, Narcotics and Financial Crime in evidence against the defendant.

    He said that his relationship with Lawan was the same that exists among House of Representatives members, adding that he never had any other relationship with him.

    He said that his job as the committee Chairman on Drugs, Narcotic and Financial Crime was to supervise the activities of EFCC and NDLEA, adding that he also made budgets for them.

    “We are empowered by the constitution to investigate matters relating to our committee when reported and referred to the Federal Government for further investigation.

    He said that he did not collect any money from the defendant as claimed in his statement to the Police.

    Further cross examination in the case has been adjourned until June 21 and June 22.

     

  • Appeal Court reserves ruling on EFCC’s case against Fayose

    Appeal Court reserves ruling on EFCC’s case against Fayose

    The Court of Appeal sitting in Ado-Ekiti on Thursday reserved ruling on the application filed by the Economic and Financial Crimes Commission (EFCC), urging the court to restrain the Ekiti State Governor, Ayodele Fayose, from using his account.

    The Counsel to EFCC, Rotimi Oyedepo, told the court that application was supported by a seven- paragraph affidavit, aimed at restraining the respondent from making further withdrawal from the account pending the determination of the substantive appeal.

    Oyedepo argued that by the rules of the court of appeal the judges are empowered to make an injunction of such in the interest of justice.

    Citing Order 4 Rule 6 to buttress his argument, Oyedepo urged the court to grant the injunction to prevent the respondent from dissipating energy on a lower court ruling.

    Fayose’s counsel, Mike Ozekhome (SAN), argued that an injunction cannot be granted on an already completed or partly completed matter, since the respondent enjoys immunity.

    Ozekhome, who asked the court to refuse the EFCC prayers, said the application failed because it did not show any cause of appeal.

    Counsel to Zenith Bank Plc, Oluwasegun Ayinde, did not oppose the application as canvassed by the EFCC.

  • EFCC: Fayose paid Ozekhome from N1.2b received from ONSA

    EFCC: Fayose paid Ozekhome from N1.2b received from ONSA

    The Economic and Financial Crimes Commission (EFCC) on Wednesday said Ekiti State Governor, Ayo Fayose, made a part-payment of N75 million to a Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, from an alleged N1.2billion the governor allegedly received from the Office of National Security Adviser (ONSA).

    The commission said it froze Ozekhome’s account because the money was suspected to be proceed of crime.

    Ozekhome prayed Justice Abdullazeez Anka to unfreeze his firm’s account which the court froze at EFCC’s instance on February 7.

    Opposing the application, EFCC’s lawyer, Rotimi Oyedepo, argued that Ozekhome ought to have reasonably known that the money he received as part-payment for legal fees was proceed of “fraudulent activities.”

    He said: “EFCC received an intelligence showing that one Mr. Ayodele Fayose received N1, 219,490,000 from the Office of the National Security Adviser (ONSA) through the Minister of State for Defence, Musiliu Obanikoro, who conveyed the money through an aircraft to Akure airport.

    “It investigated the intelligence and discovered that the sum of N137million was paid into account numbered 1003126654 operated by Fayose on June 26, 2014.

    “On August 22 and 27, 2014, the sums of N50million and N118million were also credited to the account.”

    Oyedepo said having discovered that the funds were “proceeds of crime,” EFCC approached Justice Mohammed Idris of the court’s Lagos division for an order freezing the account pending conclusion of investigation.

    The lawyer said the order by Justice Idris was not appealed against by either Fayose or Zenith Bank Plc where the money was lodged.

    “The N75million is from the proceed of the alleged crime fraudulently taken from the ONSA and kept in Fayose’s account from where it was transferred to Ozekhome,” he said.

    Oyedepo said EFCC is empowered to freeze any money suspected to be proceed of crime even if it is not in possession of the person committing the unlawful act.

     

  • Ozekhome to court: EFCC suppressed facts on Fayose’s account

    Ozekhome to court: EFCC suppressed facts on Fayose’s account

    Human rights lawyer, Chief Mike Ozekhome (SAN), has asked the Federal High Court in Lagos to vacate the order freezing his firm’s account.

    Justice Abdulazeez Anka, on February 7, ordered a temporary forfeiture of N75million found in Ozekhome’s Guarantee Trust Bank (GTB) account.

    The order followed an application by the Economic and Financial Crimes Commission (EFCC), which prayed the court to freeze the account temporarily on the ground that the N75 million was suspected to be proceed of crime.

    Ozekhome is praying for an order discharging and/or vacating forthwith, the interim ex-parte order of forfeiture to freeze or attach the money for 120 days.

    The lawyer said EFCC did not disclose to Justice Anka the fact that Justice Taiwo O. Taiwo of the Federal High Court in Ado Ekiti had defrozen  Ekiti State Governor, Ayo Fayose’s account, thereby allowing the governor to operate it, before he transferred N75 million to his (Ozekhome) chambers’ account.

    He said at the time Fayose transferred N75million to his chambers account, there was no court processes filed or served on the applicant, indicating that the EFCC was on appeal, or asking the court to stay the execution of the order defreezing the governor’s account.

    “The applicant did not state that the order of court was served on Zenith Bank and that the money was transferred with the full co-operation of the bank who was the 2nd defendant at all material times,” he said.

     

  • EFCC froze my account to embarrass me – Ozekhome

    Lawyer –turned rights activist, Chief Mike Ozekhome, has accused the Economic and Financial Crimes Commission (EFCC) of descending into arena of politics rather than concentrating on its constitutional duties of fighting graft.

    Ozekhome said the freezing of his accounts by the anti-graft agency was politically motivated and calculated to embarrass him for his criticisms of the All Progressives Congress (APC) -led Federal Government.

    Speaking with journalists in Ado Ekiti, the Ekiti State capital, on Thursday, Ozekhome alleged that the EFCC has become “an instrument of political oppression and intimidation unleashed by the APC government against perceived opponents and critics.”

    He vowed to file a suit against the EFCC to reverse the blocking of his account “very soon.”

    The EFCC earlier in the week obtained an interim court order from a Federal High Court in Lagos to freeze Ozekhome’s account domiciled at Guaranty Trust Bank (GTB) which contained the sum of N75 million purportedly paid by Ekiti State Governor, Ayo Fayose, as legal fees.

    The EFCC body alleged that the money paid Ozekhome as professional fees were proceeds of crime.

    The lawyer said he was being punished for defending Fayose, his aides and associates in series of court cases in the country, saying the money paid to him was his legitimate professional fee which had nothing to do with money laundering.

    Ozekhome said: “I can’t be ruffled for this action, because I have not done illegal, illegitimate or illicit or something out of ordinary. Governor Fayose paid me my professional fee, which was a sum of N75m out of the humongous amount owed me over cases I am handling for him, his aides and friends.

    “I am currently prosecuting eight cases on his behalf. The one involving Abiodun Agbele and Zenith Bank, Femi Fani-Kayode’s wife and others. As a professional, I had given my professional fees but the governor could not pay because his accounts had been frozen by EFCC, which makes the governor financially strangulated.”

     

     

     

  • N75m is part payment of legal fees from Fayose – Ozekhome

    N75m is part payment of legal fees from Fayose – Ozekhome

    Human rights lawyer, Chief Mike Ozekhome (SAN), said on Tuesday the N75million frozen by the Economic and Financial Crimes Commission (EFCC) in his account was a part payment of legal fees by Ekiti State Governor, Ayo Fayose.

    He said the fund was for legal services he rendered the governor in his personal capacity, and to his aides.

    “For the records, the N75million was paid into my account by my client, Governor Fayose of Ekiti State as part payment of professional fees for the numerous cases my chambers is currently handling for him (in his personal capacity) and his aides across Nigeria. The money is neither ‘suspected proceeds of crime’ or of money laundering,” he said in a statement.

    Ozekhome said he represented Fayose against EFCC before Justice Taiwo Taiwo of the Federal High Court in Ekiti.

    He said the judge on January 31 dismissed EFCC’s motion seeking to restrain the governor from withdrawing the remaining balance from his account that was earlier frozen by the commission but was de-frozen by the judge.

    EFCC has appealed the ruling.

    The senior advocate said: “The present action of EFCC is clearly calculated to overreach Governor Fayose. This will never happen. I will continue to defend beleaguered and oppressed Nigerians from the antics and highhandedness of publicly-funded government institutions that breach their fundamental rights.

    “It is sickening and inconceivable that money legitimately and legally paid by a client to his solicitor from an unencumbered account wholly and totally defrozen and unblocked by the judgment of a competent court of law can be termed ‘suspected proceeds of crime or money laundering.

    “I am practicing lawyer, not a government employee, contractor or a businessman. I have never laundered and will never launder any money in my life.

    “It is so shameful and disgusting when we make ourselves a laughing stock before international circles through brazen unconstitutional acts by publicly-funded government institutions just to silence all critical voices of reason and plurality of ideas.

    “I shall take immediate legal steps to defreeze the account in the event that the EFCC does not immediately voluntarily vacate the said order.”

  • Buhari urged to sell more Presidential aircrafts

    Buhari urged to sell more Presidential aircrafts

    Constitutional Lawyer and Human Rights Activist, Mike Ozekhome, SAN, Thursday urged President Muhammadu Buhari to further reduce the cost of governance by selling four more Presidential Aircrafts from the remaining nine in the presidential fleet.

    He said it was good that President Buhari handed over two of the Aircrafts to the Nation’s Airforce considering the huge cost of maintaining them, lamenting that the country spends over a billion naira monthly to maintain the Presidential fleet.

    The activist made the remarks while delivering a paper titled “The Role of the Judiciary in Promoting and Sustaining Good Governance: Nigeria as a case Study” during the 2016 Annual Lecture and Gold Service Awards organized by the Centre for Democratic Governance in Africa at the Sheraton Hotel, Abuja.

    He criticized the Presidential System of Government as being practiced in Nigeria, describing it as too expensive, and wasteful. He said it was a misnormal for 85 percent of the nation’s annual expenditure to be committed to recurrent expenses.

    Ozekhome also criticized the sting operations carried out by the Department of State Security, DSS, and “the media trial of judges based on allegations that are yet to proven before a competent court of law”, maintaining that the process was not only faulty but unconstitutional.
    He said the action was an attempt to annex and emasculate the judiciary and strip it of its powers and functions as an independent arm of government with the mandate to ensure checks and balances in the functions of the other arms of government.

    The activist maintained that the role of the judiciary cannot be over emphasized in any functional democratic system, arguing that in view of its central role to the stability of the system the issues of appointment of judicial Officers and their condition of service should be taken seriously.

    Ozekhome who condemned any form of corruption in the judiciary further submitted that the nation’s judiciary should be above board at all times.

    His words: “one of the time tested doctrines of the principles of equity is that he that comes to equity must come with clean hands. If the judiciary must effectively carry out its role of fostering accountability, it must first be shown most unequivocally that the judiciary itself is accountable and takes accountability seriously.

    “This is because, a judiciary laden with the baggage of corruption or unaccountable cannot in all good conscience, superintend over the issue of public accountability since it is the last hope of the common man.

    “Consequently in a situation where the common man sees the judiciary as part of the problems, rather than the solution, the role of the Bench in fostering accountability will be gravely hampered and seriously jeopardized. Rather than see Judges as God’s representatives on earth, they will be seen as Lucifer’s earthly chieftains and emissaries” Ozekhome asserted.