The Nation Newspaper

Tag: Proceedings

  • Court bars media from covering its proceedings

    An Ikeja Customary Court  yesterday barred the media from covering its proceedings. It claimed that  the ‘’order was from above’’.

    The News Agency of Nigeria (NAN) reports that the court’s registrar, simply identified as Mr Yomi, threatened to forcefully order reporters out of the courtroom.

    “We do not allow journalists into the courtroom to report proceedings due to the type of high profile cases and the calibre of people that comes into this particular court. The order not to allow journalists cover proceedings from this court is from above,” the registrar said

    He  said if any reporter came into the court to report proceedings, he would walk him or her  out.

    “I have walked journalists out of the court before with the backing of the President of the court. Ikeja Customary Court is the number one court in Lagos State because of the calibre of people and cases that are filed there.

    “You can never hear any news on marriage dissolution emanating from this particular court,” the registrar said.

    The court is a public place open to litigants and people interested in watching proceedings. But it is allowed to hear sensitive cases in chamber.

    Section 22 of the 1999 Constitution as amended provides that the press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter.

    Section 39 (1) states that every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference.

  • BEDC’s absence in court stalls proceedings

    The failure of Ibadan Electricity Distribution Company (IBEDC) to appear at the Ogun State High Court sitting at Ota, last week, has stalled proceedings in a suit filed against the company by the Balanced Measure Impact Initiative (BMII).

    Addressing reporters after the court’s sitting, the Ogun State Coordinator and Ado-Odo Ota Zonal Chairman, Lookmon Odewole and Taiwo Ismail, said the communities involved in the matter would no longer tolerate estimated billings, which he described as fraudulent and unacceptable.

    They said the electricity company and the second defendant, the Army, refused to accept the summons served on them.

    They assured the people that justice would prevail and life would become easier in the communities with dividends of democracy.

    The plaintiff’s lawyer Dele Babalola said another way to serve the summons, like publishing in the newspapers, would be employed.

    The lawyer said the company and the Army would appear at the next sitting.

    He advised his client to continue the peaceful request and avoid any form of violence.

  • Supreme Court outlaws stay of proceedings in criminal trials

    The Supreme Court has stopped granting of stay of proceedings in criminal trials.

    It said the grant of stay was unlawful as it violates the provisions of Section 306 of the Administration of Criminal Justice Act (ACJA), 2015, and Section 40 of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

    Opponents of the provisions in Sections 306 of ACJA and 40 of the EFCC Act have argued that prohibiting courts from staying proceedings in criminal trials was a violation of the Constitutionally guaranteed right to appeal.

    But, the apex court, in its ruling on Friday, said the provisions of both laws were in conformity with the constitutional provision in Section 36(4), which provides that any person charged with a criminal offence “shall be…entitled to fair hearing in public within a reasonable time.”

    The Supreme Court gave the verdict in its ruling, last Friday, while rejecting an application for stay of proceedings brought by ex-spokesman of the Peoples’ Democratic Party (PDP), Olisa Metuh.

    The court, in a unanimous decision by a five-man panel, held that, as against Metuh’s lawyer’s contention, the provision of Section 306 of the ACJA was not limited to the trial court.

    In the lead ruling written by Justice Clara Bata Ogunbiyi, but read by Justice Ejembi Eko, the court held that Metuh’s application for stay of proceedings was “violently in conflict” with the provisions of Section 36(4) of the Constitution as well as Section 306 of ACJA, Section 40 of the EFCC Act 2004 and a number of case law authorities.

    Justice Ogunbiyi, in the lead ruling, faulted Metuh’s lawyer’s reliance on the Supreme Court’s decision in 2016, in granting a stay of proceedings in the trial of the Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT).

    Justice Ogunbiyi said:  “This court (the Supreme Court) pronounced also in Olubukola Saraki V Federal Republic of Nigeria (2016) 3 NWLR (Pt. 1500) SC 531 that the Code of Conduct Tribunal (CCT) is not a court of superior record of jurisdiction, but a court of qusi-criminal jurisdiction.

    “Therefore the application of the cases to the circumstances of this case (Metuh’s case) cannot be relevant, as rightly submitted by the learned counsel to the first respondent (EFCC’s lawyer).

    “The appellant/applicant’s (Metuh’s) motion for stay of proceedings is violently in conflict with the provisions of section 36(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 306 of ACJ and section 40 of the EFCC (Establishment) Act, 2004 as well as the plethora of case law authorities cited.”

    “I wish to emphasise that this is a criminal proceeding. There are also clear constitutional and statutory provisions that enjoin and mandate the trial court not to delay criminal cases.”

    Justices Dattijo Muhammad, Justice Kudirat Kekere-Ekun,  Eko and Sidi Bage, who were also on the panel,  agreed with Justice Ogunbiyi.

    Metuh and his firm, Destra Investments Limited are being tried before Justice Okon Abang of the Federal High Court, Abuja on a seven-count charge of money laundering and fraudulent receipt of N400m from from the Office of the National Security Adviser (NSA) on November 22, 2014, for PDP’s campaign activities.

  • Firm initiates contempt proceedings against firm’s boss

    A firm, AOS Orwell Ltd, has initiated contempt proceedings against the Chairman of Seplat Petroleum Development Company Plc, Dr Ambrose Orjiako, for allegedly violating court orders.

    It is praying the Federal High Court in Lagos for an order committing Orjiako to prison for his “wilful, deliberate and orchestrated disobedience to the interim orders which metamorphosed into interlocutory orders of this honourable court”.

    AOS Orwell, through its lawyer, Mr Kunle Ogunba (SAN), sought an order that Orjiako “as lawfully and legitimately” cited for contempt, when committed, remain in prison or protective custody of any of the detaining security agencies or at a reformatory centre “until he purges himself of the contempt and majesty of this Honourable Court.”

    According to the petitioner/applicant, the court made orders restraining the respondent (Shebah Exploration and Production Company Ltd) or its agents from dealing with or tampering with the company’s assets, funds, shares  and equipment within and outside Nigeria.

    It said despite the service of the court orders on the company, Orjiako “proceeded to deal with, dissipate and/or alienate the shares/assets of the respondent contrary to the orders.”

    AOS Orwell said Orjiako “is the Managing Director, Chairman/alter ego and the Chief Executive Officer of Shebah Exploration and Production.”

    The petitioner, in a supporting affidavit deposed to by Hellen Atulukwu, a lawyer in Ogunba’s firm, Insolvency Forte, said Orjiako and the respondent “wilfully disobeyed the extant orders of the Federal High Court made in this suit despite being fully aware” of them.

    The firm said there was urgent need to lift the veil of the respondent’s incorporation to enable the court punish the cited human who has “seriously flouted the extant orders of this honourable court.”

    AOS Orwell had obtained the interlocutory orders seeking to stop the respondent’s directors from dissipating its assets pending the hearing and determination of the application for the appointment of a provisional liquidator for Shebah Exploration and Production over an alleged multi-million naira debt.

    Justice Rabiu Shagari adjourned the case until May 4 for hearing.

  • Prosecutor stalls Metuh’s application for stay of proceedings

    Prosecutor stalls Metuh’s application for stay of proceedings

    The attempt made by former spokesperson for the Peoples Democratic Party (PDP), Chief Olisa Metuh, to stay proceedings in the matter brought against him before Justice Okon Abang of the Federal High Court has again been stalled.

    At the resumption of the matter yesterday, which was slated for the second defendant (Destra Investments Limited) to move its own application for a stay of proceedings, its counsel Tochukwu Onwugbufor (SAN) told the court that he was just served with the counter filed by the prosecution.

    He sought the court for an adjournment to enable him study it before responding.

    “It will be wrong for me to argue for a document that I do not know about

    “My lord I will be asking for an adjournment in order to reply,” he said.

    Prosecution counsel Sylvanus Tahir apologised to the court for not filing and serving the defendants earlier, stating that it was not intended to overreach the other side.

    “By the time we finished, we were unable to file at the registry because it was late. In view of the fact that they just got served this morning, since it is not a matter on points of law, I would have suggested the matter be stood down,” he said.

    Justice Abang adjourned hearing on the second defendant’s application to March 28.

    Metuh is standing trial alongside his company, Destra Investment Limited, on a seven-count charge of fraud to the tune of N400 million pressed against him by the Economic and Financial Crimes Commission (EFCC).

  • El-Zakzakky initiates contempt proceedings against AGF, DSS

    El-Zakzakky initiates contempt proceedings against AGF, DSS

    Detained of the Shi’a Islamic Movement in Nigeria leader Sheik Ibrahim El-Zakzakky has filed contempt proceedings against the Department of State Services (DSS), the police and the Attorney-General of the Federation, Abubakar Malami (SAN), over his detention.

    He filed a Form 48 (Notice of Consequence of Disobedience of Order of Court) at the Federal High Court in Abuja on January 20.

    The application was brought pursuant to Order IX, Rule 13 of the Judgment (Enforcement) Rules.

    The court had last December 2 ordered his release following his arrest by the military on December 14, 2015, after a clash between the movement and soldiers.

    El-Zakzaky approached the court to demand his release, months after he was arrested without being charged to court. He was ordered to be released.

    Despite the order, he was still kept in detention.

    The Form 48 reads in part: “Take note that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja delivered on the 2nd December, 2016, which ordered you to release the applicants in Suit No. FHC/ABJ/CS/281/2016 and its sister case suit No. FHC/ABJ/CS/282/2016 within forty (40) days, inter alia you will be guilty of contempt of court and will be liable to be committed to prison.

    “This court has been informed that even as at today, Friday the 20th January 2017, you are yet to comply with the lawful order of this Honorable court by refusing to release the following person namely: Sheikh El-Zakzaky and Mallama Zeenah Ibrahim, in your custody. You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court.”

  • PDP convention: Firm initiates proceedings against Jonathan, Sambo, others

    The Federal High Court, Abuja has been asked to join President Goodluck Jonathan and some key members of the Peoples’ Democratic Party (PDP) in a contempt suit pending before it.

    The “offence” of President Jonathan and others, cited as alleged contemnors in a joinder application filed on September 9, is their alleged unlawfully use of patented ballot boxes for the party’s last special convention, without the consent of the patent owner – Bedding Holdings Limited.

    The application was filed for Bedding Holdings by its lawyer, John Okoriko, of the firm of Karina Tunyan (SAN) and Co, following the earlier issuance of Form 48 filed on September 4 on the alleged contemnors. The fresh application seeks an order joining President Jonathan and seven others in “the contempt proceedings already started by the plaintiff/applicant.”

    Also to be joined are Vice-President Namadi Sambo, Senate President David Mark, Speaker, House of Representatives, Aminu Tambuwal, the PDP and its Chairman, Bamanga Tukur.

    Others are Prof. Jerry Gana (who acted as the chairman, PDP’s Special Convention Committee) and Ken Nnamani (who was the chairman, PDP’s Electoral Committee).

    The applicant argued that the application was informed by its realisation that the eight alleged contemnors were “necessary and desirable parties” to the contempt proceedings.

    The company added that the ground on which it sought that Jonathan and others should be joined in the contempt proceedings was because they “are serial contemnors, who contemptuously connived with the sixth and seventh defendants/respondents (the Independent National Electoral Commission, INEC and its Chairman, Prof. Attahiru Jega)” to use the applicant’s transparent ballot boxes for the PDP’s convention in violation of a subsisting judgment of the court delivered on June 5, 2012 by Justice Adamu Bello.

    It contended that except Jonathan and others were joined in the case, in view of “the pivotal role” they played in the disobedience of a valid and subsisting court judgment, the contempt proceeding would not be “effectively and effectually determined.”

    Bedding Holdings’ Group Executive Chairman Chief Sylvester Odigie said in a supporting affidavit that his company initiated the contempt proceedings against INEC and Jega on July 18, 2012 via a motion on notice seeking an order committing the two to prison, for their alleged contemptuous use of the ballot boxes for the elections they have conducted since the June 5, 2012 judgment.

    He cited some of the elections as the last governorship elections in Edo and Ondo states and other elections conducted subsequently by INEC.

    Justice Bello in the judgment held among others that Bedding Holdings owns “valid and subsisting patent rights” over transparent ballot boxes and electronic collapsible transparent ballot boxes used for elections in the country.

    Specifically, the court upheld Bedding Holding’s claim to being the bona fide patentee and the exclusive owner of the invention, named “Transparent Ballot Boxes” on which it was issued certificate of registration patent rights No. RP12994 and registration of industrial designs rights No. RD5946 by the Registrar of Patents on January 12, 1998.

    The court also upheld the subsequent certification of an improvement on the invention named “Electronic Collapsible Transparent Ballot Boxes” (with certificate of registration of patent rights No. RP16642 and registration of industrial designs rights No. RD13841 issued on November 27, 2006, which are still valid.

    The judge voided the rights over similar inventions purportedly issued later, to three firms – Emchai Limited, Tambco United Nigeria Ltd and Anowat Project and Resources Ltd – by the Registrar of Patents, as being illegal.

    Justice Bello granted an order of perpetual injunction restraining the defendants and any other person from utilising or dealing with the patented boxes of the plaintiff “except with the express and consent, licence and authority of the plaintiff to that effect.”

    Emchai applied to the court on June 28, 2012 for an order setting aside the judgment. On September 27, 2012, INEC and Jega equally applied for an order staying execution of the judgment, pending the determination of their appeal.

    Justice Bello, in a ruling on May 13, dismissed the applications by Emchai, INEC and Jega for lacking in merit.

    The judge slammed INEC and Jega for utilising the same ballot boxes for the Edo and Ondo elections in disregard of the court’s subsisting judgment.

    No date has been fixed for the hearing of the fresh application to join Jonathan and others.

  • Judges absence stalls court proceedings in Lagos

    The absence of some Judges and Magistrates at the Igbosere courts in Lagos State on Friday stalled proceedings in the various courts, the News Agency of Nigeria reports.

    A NAN correspondent covering the judiciary reports that the few judges and magistrates that turned up only conducted calls over “adjourned cases’’.

    Most of the presiding judges and magistrates were still observing the Christmas break and might resume normal court proceedings from January 7, next year.

    Some litigants at the court premises left in disappointment, thus forcing accused persons awaiting trial to go back to their various prisons after receiving their next adjourned dates.

    Some of the litigants told NAN that the judiciary was hampering them from getting justice because they were not informed of the prolonged break.

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