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Tag: Saliu Saidu

  • Alleged 1,570 firearms importation: Court refuses accused bail

    A Federal High Court, Lagos, on Wednesday, dismissed a bail applications filed by two accused, Great Ayogu and Moses Ifeuwa, standing trial for alleged unlawful importation of 1,570 firearms.

    The accused are charged alongside a company, Great James Oil and Gas Ltd, before Justice Saliu Saidu, on Oct. 11, on five counts of conspiracy, illegal importation of firearms, alteration of import forms, forgery and false declaration.

    They had pleaded not guilty to the charges, while the court had adjourned for ruling on their respective bail applications.

    Delivering his ruling on Wednesday, the court held that individual liberty could not be placed above national security

    “The charges against the defendants is considered a serious charge, with the level of insecurity in the country, such as armed robbery, kidnapping, terrorism and the rest.

    “Considering the nature of the charge, I cannot exercise my discretion in favour of the defendants; I hereby refuse the bail applications,” the court held.

    After the ruling, the prosecutor, Mr Julius Ajakaiye, informed the court of a consolidated amended charge against the accused.

    He said that the amendment was following the inclusion of one Emeka Festus, also known as Amankwa, who had been at large when others were arraigned on Oct. 11.

    Read Also: Man in court over alleged possession of hemp

    Consequently, the respective pleas of all accused was taken on the amended charge, while the court adjourned until Nov. 22 for trial.

    According to the charge, the prosecutor alleged that between Sept. 6 and 20, 2017, the accused conspired to unlawfully import a total of 1570 pump action rifles into Nigeria, through the Apapa Seaport in Lagos.

    He told the court that the rifles were loaded in two 20 ft containers, marked GESU 2555208 and CMAU 1878178.

    Ajakaiye, told the court that in a bid to illegally bring in the weapons, the accused altered and forged a bill of lading, issued on July 28, 2017, to read Guandong, China, instead of Istanbul, Turkey, which was written on the conveying container.

    He said that the accused also altered form M (application for Import) and a Pre-arrival Assessment Report (PAAR), issued on Aug.28, 2017, with number MF 20170080364 and CN 20170768490/001, respectively, to read Guandong, China instead of Istanbul, Turkey, as country of origin.

    The accused were also said to have altered a bill of lading numbered ISB0281398, issued on July 28, 2017, to read 230 packages of wash hand basin and W/C, as the content in the container used in shipping in the illegal firearms.

    The offences contravenes the provisions of sections 1 (14) (a) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation 2004.

    It also contravenes the provisions of Section 1 (2) (c) of the Miscellaneous Offences Act, Cap M17 Laws of the Federation 2004.

  • MTN sues FG for N3b over $1.3b withholding tax

    MTN Nigeria Communication Ltd has filed a fresh suit at the Federal High Court in Lagos to challenge the legality of N242 billion and $1.3 billion import duties and withholding tax demanded from it by the Federal Government.

    It is demanding N3billion general and exemplary damages and legal costs from the defendant.

    Justice Chukwujekwu Aneke on Thursday adjourned the suit until December 3 for hearing after counsel confirmed that motions have been filed and served on parties.

    MTN, in the suit filed on September 10, is challenging the legality of the Attorney-General of the Federation’s assessment of its import duties, withholding tax and value added tax amounting to N242 billion and $1.3 billion.

    It is contending that the purported “revenue assets investigation” allegedly carried out by the Federal Government  for the period of 2007 to last year, and its decision conveyed through the Office of the AGF by an August 20 letter, violates the provisions of Section 36 of the 1999 Constitution.

    The plaintiff sought a declaration that the AGF acted in excess of its powers by purporting to direct through its letter of May 10 a “self-assessment exercise” which usurps the powers of the Nigerian Customs Service to demand payment of import duties on importation of physical goods.

    MTN sought a declaration that the AGF acted illegally by usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding and value added taxes.

    It is praying the court to hold that the purported self-assessment exercise instituted by the AGF via its May 10 letter is unknown to law, and therefore null and void and of no effect whatsoever.

    It prayed for a declaration that the AGF’s demand of the sums is premised on a process that is malicious, unreasonable and made on incorrect legal basis.

    MTN prayed for an order vacating the AGF’s demand letter for N242 billion and $1.3 billion, and claimed N3 billion general and exemplary damages, as well as legal costs.

    But, the AGF, in his preliminary objection, argued that the plaintiff was statute-barred, having not filed the suit within three months from the date the cause of action arose.

    The AGF argued that the plaintiff commenced the suit in violation of Section 2 of the Public Officers Protection Act, which provides that any action commenced against a public officer must be made within three months from commencement of cause of action.

    AGF contends that the plaintiff’s failure to commence the suit within three months as stipulated by law robs the court of jurisdiction to entertain it.

    MTN earlier filed a separate suit against the AGF and the Central Bank of Nigeria (CBN), which is pending before Justice Saliu Saidu of the same court and will be heard December 4.

    In the suit, MTN is challenging the $8,134,312,397.63 demanded from it by the CBN over alleged forex remittance infractions.

    It is praying the court to restrain the CBN and the AGF from imposing punitive sanctions against it.

    The CBN accused MTN Nigeria of improper dividend repatriations and demanded that $8.1 billion be returned “to the coffers of the CBN”.

    The Federal Government also accused MTN of unpaid taxes on foreign payments and imports, asking it to pay approximately $2billion in relation to the taxes.

    According to the CBN, MTN and four banks – Standard Chartered Bank, Citi Bank, Stanbic IBTC Bank and Diamond Bank – deliberately flouted the “laws and regulations…including the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, 1995 and the Foreign Exchange Manual, 2006.”

    The banks allegedly colluded with MTN, using irregular Certificates of Capital Importation (CCI), to illegally remit foreign exchange abroad. The four banks were slammed a combined N5.87 billion fine.

    MTN denied the allegations and subsequently filed the suit.

  • Extradition: Appeal Court lifts order stopping Sen. Kashamu’s arrest

    The Court of Appeal, Lagos Division on Friday set aside a Federal High Court order which perpetually restrained the Federal Government from arresting Senator Buruji Kashamu.

    The appellate court also set aside another order which nullified a warrant for Kashamu’s arrest and prevented extradition proceedings from being commenced against him.

    Buruji, who represents Ogun East in the Red Chamber, is wanted by the United States of America (U.S.A) to stand trial for alleged importation of hard drugs into the country.

    On May 25, 2015 Justice Okon Abang of Federal High Court perpetually restrained the National Drug Law Enforcement Agency (NDLEA) and other agencies of the Federal Government from “arresting, restraining, detaining, attacking or otherwise effecting the abduction” of Kashamu upon charges based on allegations of drug trafficking levelled against him by the US Government.

    Justice Abang also set aside and nullified a warrant for the Senator’s arrest for extradition proceedings issued by another Federal High Court judge, Justice Saliu Saidu.

    The extradition attempt followed an Extradition Treaty between the Federal Government and the U.S.A.

    But, disatisfied, the Attorney-General of the Federation (AGF) appealed both decisions.

    It argued, through its counsel, Chief Emeka Ngige (SAN), that Justice Abang erred in granting some of the injunctive reliefs.

    It urged the appellate court to set aside both lower courts’ judgment on the ground of miscarriage of justice.

    It further claimed that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.

    But in his counter application of last November 7, Kashamu, through his counsel, Lateef Fagbemi (SAN) Chief Akin Olujinmi (SAN) and Hakeem O. Afolabi (SAN), urged the court to dismiss the AGF’s appeal.

    In unanimous verdicts on Friday, and in two consolidated judgments, a three-man panel comprising Justices Yagarta Nimpar, Joseph Ikyegh and Anthony Ogakwu, upheld the government’s argument and upturned the lower court’s orders.

    Justice Nimpar, who read the summary judgment, held that the lower court, having struck out several paragraphs in the affidavit relating to allegations that former President Olusegun Obasanjo was behind the Senator’s travails and alleged plans to forcibly extradite him to the US, the same court was wrong to retain other paragraphs of the same affidavit containing hearsay allegations against Mr Dapo Abiodun and Chief Godwin Obla SAN.

    Justice Nimpar observed that the lower court relied heavily on speculations and conjectures in arriving at the judgment “which is not permitted in law.”

    The court berated the lower court for not giving the AGF’s counsel opportunity to file a counter affidavit in opposition to the case file presented by Kashamu, when  under the rules they still had three days to react to the processes.

    This infraction, Justice Nimpar held, nullified the entire proceedings.

    Justice Nimpar held: “The preliminary objection filed by the appellant against the substantive appeals is dismissed as lacking in merits.

    “The appeal filed by the AGF against the ruling of the lower court is not statute barred.

    “The oral statement of threat of abduction and forcibly transporting Senator BURUJI KASHAMU to the US is insufficient having not been backed by concrete evidence.”

  • Counsel: Lagos still collecting tolls on Lekki Bridge

    •Court hears govt application tomorrow

    Activist lawyer, Mr Ebun-Olu Adegboruwa has told the Federal High Court in Lagos that the state government is still collecting toll on the Lekki-Ikoyi Bridge.

    Justice Saliu Saidu had, in a March 27 judgment, held that there was no law backing toll collection on the bridge.

    Adegboruwa is urging the court to dismiss a March 28 application by the government seeking a stay of execution of the verdict.

    In a counter-affidavit, he alleged that the government had refused to obey the judgment.

    The court will hear the government’s application tomorrow.

    The plaintiff said: “On the March 27, 2014, the applicant (Adegboruwa) was personally present in court and the fourth respondent (Lagos State Attorney-General) herein, Mr Adetoro Ipaye, was also present in court and they all listened to the judgment of the court and thereafter commended the court.

    “The applicant thereafter proceeded from the court to the Lekki-Ikoyi Bridge in his car at about 11am and he met the usual barrier at the toll plaza that the third (Lagos State Government) and fourth respondents erected on the said bridge.

    “The applicant was not allowed to pass through the said barrier as officers of the third and fourth respondents, together with armed policemen were on hand to compel motorists and the applicant too, to pay the toll fee before they could be allowed access through the toll plaza.

    “The applicant paid N300 for his car to be allowed to pass through the toll plaza, to be able to get to his office in Lekki Phase 1.

    “The applicant observed that other motorists exiting Lekki through the bridge across to Ikoyi, were also made to pay the fee that day at the said time. Since March 27, when the judgment of this Honourable Court was delivered, the applicant and other motorists using the said Lekki-Ikoyi have been paying.”

    Lagos State Solicitor-General and Permanent Secretary, Ministry of Justice Mr. Lawal Pedro (SAN) said the government had appealed the verdict at the Court of Appeal.

    In the notice of appeal, the government is challenging Justice Saidu’s decision that contractors’ payment to the National Inland Waterways Authority (NIWA) was an admission by the state that the Federal Government has powers to regulate inland waterways throughout the country.

    It is urging the Court of Appeal to reverse the decision which held that there was no law by the House of Assembly authorising the state to impose tolls on public infrastructure in the state.

    It argued that the Lagos State Public Private Partnership Law No. 2 of 2011 empowers the government to specify the service charges, user fees or tolls which are payable in respect of designated public infrastructure.

    After the judgment, Ipaye said toll collection would continue on the bridge because the court did not make any consequential order or declaration barring the government from further collecting tolls from users of the bridge.

    He said: “The judgment read this morning did not specifically address many of the questions raised by the applicant; neither did it grant any of the declarations sought.

    “As you heard for yourselves, no order was made. However, the pronouncements referred to above are capable of being interpreted as court orders; hence our decision to appeal and file a stay of execution immediately.”