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Tag: Stella Oduah

Alleged indebtedness: court again adjourns suit against Stella Oduah until Oct. 19

A Federal High Court, Lagos on Thursday further adjourned until Oct. 19 hearing in a suit filed by Sterling Bank against a former Aviation Minister, Sen. Stella Oduah, over alleged indebtedness.

The bank alleged that Oduah and her company, Sea Petroleum and Gas company Ltd, were indebted to it to the tune of 16.4 million dollars and N100.5 million.

The suit, which was earlier adjourned for hearing of all pending applications, was on Thursday, and further fixed for Oct. 19, due to the health condition of the trial judge, Justice Ayokunle Faji.

Faji told counsels present in court that he would only be able to take cases for arraignment and rulings, while a new date would be issued for other cases.

The suit was therefore, fixed for Oct. 19, after the court’s vacation.

The suit was initially pending before Justice Abdulaziz Anka of the same court, but was eventually reassigned to Justice Faji to begin afresh.

In March, Justice Anka had issued an order, restraining Oduah and her companies from making any withdrawal from its account and those of three other companies domiciled with 21 banks in the country.

The other companies include: Sea Shipping Agency Ltd, Rotary Engineering Services Ltd, and Tour Afrique Company Ltd.

The court had also issued an order directing the said commercial banks harbouring the assets of Oduah and the four companies to sequestrate their indebtedness as at November 2016.

The court further ordered that the money be kept in an interest yielding account in the name of the chief Registrar of the Federal court, pending the determination of the suit.

In an affidavit in support of the suit deposed to by a staff of Sterling Bank, Mr Segun Akinsanya, the bank averred that on Oct. 8, 2012, it granted a lease/Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas Company.

He said that the facility was in the said sums to finance one unit 5,000 MT tanker vessel.

He also averred that the loan was secured by an unconditional personal guarantee of the companies’ Director, Princess Stella Oduah.

Akinsanya also averred that same was supported by a statement of her net worth, legal mortgage of two properties worth N135 billion, and a power of Attorney of the tanker vessel in favour of Sterling Bank.

He averred that also in support was a fully executed standing payment order and tripartite remittance agreement between it and Oduah.

It was further averred that on June 27, 2013, Sea Petroleum Company requested and was granted additional facilities in the sum of about 450,000 dollars for post-delivery expenses.

He said that also granted was about 993, 000 dollars to meet the requisite conditions in securing the release of the tanker.

Also, he averred that upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed its counsels to recover the debt.

He said that in spite of several reminders and demands, the defendants had failed and refused to liquidate their indebtedness which had culminated to 16.4 million dollars, and about N100.5 million as at November 2016.

He averred that there was imminent risk of the defendants dissipating the assets of the companies, and had urged the court to issue a restraining order.

Meanwhile, Oduah and her companies in their processes had urged the court to discharge the order made against them.

They had also filed a preliminary objection to the suit, urging the court to strike it out for lack of jurisdiction.

June 29, 2017
Oduah’s bank debt suit stalled
Hearing in a suit filed by Sterling Bank Plc against Senator Stella Oduah and her firm, Sea Petroleum and Gas Company Limited was stalled on Tuesday at the Federal High Court in Lagos due the judge’s absence.

All pending applications were to be heard by the court, but Justice Ayokunle Faji did not sit. He was said to be indisposed.

Hearing has been fixed for June 29.

The bank said Oduah and her firms owe it $16.4 million and N100.5 million respectively.

The matter was initially pending before Justice Abdulaziz Anka before it was transferred to Justice Faji.
- Oduah: Court fixes June 29 to hear suit
Justice Anka had in March restrained Senator Oduah and Sea Petroleum and Gas from making any withdrawals from its account and those of three other companies in 21 banks.

The other firms affected by the order are Sea Shipping Agency Limited, Rotary Engineering Services Limited and Tour Afrique Company Limited.

The order followed an affidavit deposed to by Sterling Bank’s business manager, Mr. Segun Akinsanya.

The bank said it granted a lease /Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas to finance one unit 5,000 MT tanker vessel.

According to the bank, the loan was secured by an unconditional personal guarantee by Oduah.

The bank said the guarantee was backed by a statement of her net worth, legal mortgage of two properties worth N135 billion and a power of attorney.
May 30, 2017
Oduah seeks time to respond to bank’s debt suit

Senator Stella Oduah and her firm, Sea Petroleum and Gas Company Limited on Tuesday asked the Federal High Court in Lagos for time to respond to a debt recovery suit filed against them by Sterling Bank Plc.

Justice A. O. Faji adjourned till May 30 for hearing of all pending applications on the matter.

The bank said Oduah and the firm owe it $16.4million and N100.5 million respectively.

Sea Petroleum’s lawyer, Mrs. Ijeoma Esom and Oduah’s counsel, Mr. A. Nweke, said they had filed a preliminary objection and an application to discharge an interim order freezing the defendants’ account.

They urged the court to grant them extension of time for them to file their responses to the bank’s petition.

The matter was initially pending before Justice Abdulaziz Anka before it was transferred to Justice Faji

Justice Anka restrained Senator Oduah and Sea Petroleum and Gas Company Limited from making any withdrawals from its account and those of three other companies in 21 banks.

The other firms are Sea Shipping Agency Limited, Rotary Engineering Services Limited and Tour Afrique Company Limited.

The order followed an affidavit deposed to by Sterling Bank’s business manager, Mr. Segun Akinsanya.

The bank said it granted a lease /Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas to finance one unit 5,000 MT tanker vessel.

According to the bank, the loan was secured through an unconditional personal guarantee by Princess Oduah.

The bank said the guarantee was backed by a statement of her net worth, legal mortgage of two properties worth N135 billion, and a power of Attorney of the tanker vessel in favour of Sterling Bank.

The bank said between June 27, 2013, Sea Petroleum requested and was granted additional loan of $450,000 for post- delivery expenses, as well as $993,000 to meet the requisite conditions in securing the tanker’s release.

Akinsanya said despite several reminders and demands, the defendants failed to liquidate the indebtedness which rose to $16.4million and about N100.5million as at last November.

He said there was an imminent risk of the defendants dissipating the companies’ assets if not restrained.

The bank, therefore, urged the court to grant the order restraining Oduah and other directors of the companies from withdrawing from their accounts in all the banks pending the determination of the debt recovery suit.

Oduah and her companies have urged the court to discharge the order.

May 2, 2017
Stella Oduah’s alleged $16.4m, N100m indebtedness: Court to hear application May 30

A Federal High Court in Lagos on Tuesday fixed May 30 to hear all pending applications in a debt recovery suit filed against Sen. Stella Oduah by Sterling Bank.

The bank had sued the senator and her company – Sea Petroleum and Gas Company over an alleged indebtedness to the tune of 16.4 million dollars and N100.5 million.

At the resumed hearing of the case on Tuesday, Mrs Ijeoma Esom, Counsel to Sea Petroleum Company, told the court that she had not been served a copy of the court process, saying she has filed a preliminary objection to the suit.

Also, Counsel to Stella Oduah, Mr A. Nweke, said he had not been served the court process.

He, however, told the court that he had filed an application urging the court to discharge the order of the court freezing the account of the defendants.

But Counsel to Sterling Bank, Mr Kemi Balogun (SAN), leading a team of nine lawyers including a Senior Advocate, Mrs Funke Aboyade, said the court had made an order for the service of the court processes to be advertised in national newspapers.

He said the court order was advertised in two national dailies.

He,thereafter, showed copies of the newspapers to the court and corroborated his position with the proof of service by the court’s bailiff.

However, Counsel to the defendants urged the court to grant them extension of time to enable them to file their responses to the petition.

The News Agency of Nigeria (NAN) reports that the case was pending before Justice Abdulaziz Anka, before it was transferred to the current judge, Justice A. O. Faji.

NAN also recalls that sometime in February the court had restrained Senator Oduah, her companies and their directors from making any withdrawal whatsoever from the account of the company domiciled with 21 commercial banks listed before the court.

The restraining order was made because of the 16.5 million dollars and N100.5 million owed the bank by the senator and her companies.

May 2, 2017
Court restrains Oduah from withdrawing from firm’s accounts

The Federal High Court in Lagos has restrained Senator Stella Oduah and Sea Petroleum and Gas Company Limited from making any withdrawal from its account and those of three other companies in 21 banks.

The other firms are – Sea Shipping Agency Limited, Rotary Engineering Services Limited and Tour Afrique Company Limited.

The judgment was over an alleged $16.4million and N100.5 million debt owed Sterling Bank Plc.

The order followed an affidavit deposed to by Sterling Bank’s business manager, Mr. Segun Akinsanya.

The bank said it granted a lease /Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas Company to finance one unit 5,000 MT tanker vessel.

The loan was secured through an unconditional personal guarantee provided by Princess Oduah, the bank said.

The bank said the guarantee was backed by a statement of her net worth, legal mortgage of two properties worth N135 billion, and a power of Attorney of the tanker vessel in favour of Sterling Bank.

February 22, 2017
Magu: Court urged to disqualify Saraki, others from confirmation hearing

The Federal High Court in Abuja has been asked to disqualify Senate President, Bukola Saraki and 10 other Senators being prosecuted and investigated by the Economic and Financial Crimes Commission (EFCC) from participating in the process leading to the confirmation of Ibarhim Magu as Chairman of the EFCC.

The request formed part of prayers contained in a suit marked: FHC/ABJ/CS/102/2017 filed in Abuja on Monday by a lawyer, Raji Rasheed Oyewumi.

Other Senators named in the suit with Saraki, as defendants, include Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwanso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.

Also listed as defendants are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation and Magu.

The plaintiff’s contention is to the effect that, since the Senators are either being tried or investigated for economic and financial crimes in various courts and tribunals by the EFCC under the leadership of Magu, he (Magu) will not be afforded fair

Senate President, Bukola Saraki

hearing by the Senate headed by Saraki.

Oyewumi stated, in a supporting affidavit, that Saraki exhibited bias against the confirmation of Magu when he (Saraki) failed to read the letter of the Acting President, Yemi Osinbajo, seeking the confirmation of Magu, on the floor of the Senate until July 14, 2016 even when he got the letter on June 17, 2016.

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He said, in further manifestation of their bias and conflicting interest in the nomination of the 15th defendant (Magu) the 1st defendant (Saraki) together with 2nd to 11 defendants (other named Senators) did not consider the 15th defendant’s nomination until December 15, 2016 when they rejected Magu’s nomination six months after the letter was read on the floor.

The plaintiff said the Senators flouted the Senate Standing Orders when they acted on the letter by rejecting Magu’s nomination without first, referring Magu to the appropriate committee of the 13th defendant (Senate), an executive or closed session instead of an open session.

He added that unlike when he recused himself from the proceedings leading to the passage of the Bill for the amendment of the Code of Conduct Bureau and Tribunal Act on October 27, 2016, because of his ongoing prosecution at the CCT, Saraki failed to recuse himself when the Senate was considering the confirmation of Magu.

Senator Godswill Akpabio

The plaintiff identified some of the cases against the Senators, which Magu and his EFCC are currently handling.

“The 1st defendant (Saraki) was investigated by the 15th defendant on an allegation of false declaration of assets which culminated in the 1ts defendant’s arraignment and ongoing prosecution at the CCT in charge No: CCT/ABJ/01/2015, and a prime prosecution witness in the trial, Michael Wetkas is an officer of the EFCC.

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He said the 2nd defendant (Akpabio) was being investigated by the EFCC over the allegation of abuse of office, diversion of public funds and embezzlement in relation to a petition by a lawyer, Leo Ekpeyong.

The plaintiff said the 3rd defendant, (Jang) was being investigated by Magu’s EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting N2billion Small and medium Scale Enterprises loan given by the Central Bank of Nigeria (CBN) during his tenure.

The reliefs being sought by the plaintiffs are:

*A declaration that the 1st defendant is disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) from presiding over or participating in the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of the EFCC due to the apparent conflict of interest arising from the 15th defendant’s active role in his ongoing trial at the CCT.

*A declaration that the 2nd to 11th defendants are jointly and severally disqualified by the Constitution and the Senate Standing Order 2015 (as amended) from participating In the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of EFCC due to the apparent conflict of interest arising from their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.

*A declaration that the 1st to 13th defendants jointly and severally violated the Senate Standing Order 2015 9as amended)n when they participated in the screening, deliberation and voting on the first or earlier nomination of the 15th defendant in the 13th defendant on the 15th day of December 2016 by not declaring their pecuniary interests in view of their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.

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*A declaration that the first and earlier rejection of the nomination of the 15th defendant for the position of Chairman of EFCC on the 15th day of December 2016 without first referring the 15th defendant to the appropriate committee of the 13th defendant and at an executive or closed session instead of an open session, is illegal, null, void and of no effect whatsoever.

*A declaration that the 15th defendant is entitled to be accorded fair hearing by the 1st to the 13th defendant during screening, deliberation and voting in the senate of the Federal Republic of Nigeria on his nomination for the position of Chairman of the EFCC.

*An order of injunction restraining the 1st defendant from presiding over or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.

*An order of injunction restraining the 2nd to 11th defendants from or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.

The case is yet to be assigned to any judge for hearing.

February 14, 2017
Son’s death casts pall on Stella Oduah’s birthday

Former Aviation Minister, Princess Stella Oduah, clocked 54 on Thursday. In times past, this would have been cause for massive celebration. Courses would have been prepared, costly wines imported, musicians booked for performances and expensive attires ordered. But this year, it was as quiet as a sermon session in the home of the Anambra senator whose tenure as a minister in former President Goodluck Jonathan’s government was enmeshed in controversy.

Since the senator lost her son, Master Maxwell Toritseju Chinedu Otoromi, last August, the usually rambunctious senator has had a change of demeanour. Gone are the vivacity, boisterousness and self-assuredness of the old times. These days, she looks wan as she wears her grief on her sleeves.

January 7, 2017
Court dismisses Oduah’s bid to quash corruption trial

A Federal High Court in Abuja on Wednesday dismissed an application filed by a former Minister of Aviation, Stella Oduah, seeking to stop the Federal Government from investigating her for alleged corruption.

Justice Adamu Kafarati held that the fundamental rights enforcement suit filed by Oduah was without merit and bereft of any cause of action.

The judge upheld the objection raised by the respondents, arguing that the court lacks the requisite jurisdiction to hear the case.

Oduah, now a serving Senator from Anambra State, in the suit urged the court to declare illegal the alleged plot by the respondents to arrest, investigate and prosecute her in relation to her activities in office.

The Attorney General of Police (AGF), Economic and Financial Crimes Commission (EFCC), the Inspector General of Police (IGP) and the Independent Corrupt Practices and other Related Offences Commission (ICPC) are listed as respondents in the case.

Justice Kafarati, in upholding the preliminary objection by the AGF and the IGP, agreed with them that Oduah could not come under the fundamental rights procedure to seek the reliefs sought in the case.

He said the subject matter of the case was not a fundamental rights issue.

The judge agreed that Oduah cannot seek to restrain statutory bodies from performing their statutory responsibilities through a fundamental rights enforcement application.

October 5, 2016
Court affirms candidacy of Ubah, Oduah, others for 2015 elections

A Federal High Court in Abuja Friday upheld the candidacy of former Aviation Minister, Stella Oduah, Senator Andy Ubah and others for last year’s national and state legislative election in Anambra State.

Justice Adeniyi Ademola, in a judgment Friday, held that the list of candidates, containing the name of Oduah, Andy Ubah and others, submitted to the Independent National Executive Committee (NEC) of the People’s Democratic Party was the authentic list of candidates.

The judgment was on a suit by Senator Annie Okonkwo, Chukwunedum Chris Ubah and 42 others, who were listed as candidates in the list submitted to INEC by the Abia State Executive Committee of the PDP.

The plaintiffs had among others, challenged the decision of INEC to substitute their names earlier published on INEC’s website prior to the election with those contained in the list submitted to it by the party’s NEC.

They urged the court to void INEC’s decision to replace their names with those of Oduah, Andy Ubah and others.

In his judgment Friday, Justice Ademola resolved the four issues he identified for determination against the plaintiff.

The judge faulted the plaintiffs’ contention that INEC having published their names first, it could not replace them with a list of other people without a valid order of court.

Justice Ademola said the mere publication of the plaintiffs’ names on INEC’s website was without any legal consequences and did not qualify them to be regarded as the authentic candidates of the party.

“The state Executive of a party or any organ of the party at the state level lacks the power to sponsor candidates. It is only the primary election conducted by the National Executive or their delegates that can validly conduct primary to produce its candidates.

“The 1st to 44 plaintiffs were not the through candidates of the 17the defendant (PDP), but products of illegally contrived primary by the Anambra PDP, which is a complete illegality,” the judge said.

Justice Ademola, who referred to the January 29, 2016 judgment and February 24, 2016 ruling of the Supreme Court on similar issues involving parties in the case, held that the apex court’s judgment and ruling were not in favour of the plaintiffs in this case.

The judge, who also referred to an earlier judgment by the late Justice Evoh Chukwu (also of the Federal High Court, Abuja), said the judgment only upheld the legitimacy of the Ejike Oguebego-led state Executive of the PDP in Anambra.

Justice Ademola held that the fact that Justice Chukwu’s judgment upheld the legitimacy of Oguebego-state EXCO of the PDP in Anambra State does not confer on it the power to nominate candidates for the party.

He said political parties, being national organisations, the power to nominate/select candidates for a party resides with its National Executive Council, not the state Executive Council.

He dismissed the suit, but made no order as to cost.

July 8, 2016
Court dismisses Oduah’s suit over bullet-proof cars’ probe

Justice Okon Abang of the Federal High Court Wednesday dismissed a fundamental rights suit filed by Senator Stella Oduah.

The judge upheld an objection by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN).

Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos.

He awarded cost of N15,000 against Oduah, to be paid to the AGF.

Justice Mohammed Yunusa, now of the Enugu Division, had last August 26 granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

It is over the 2013 purchase of two armoured BMW cars for over N255million by the Nigeria Civil Aviation Authority (NCAA) under her watch.

The case was later re-assigned to Justice Abang who had adjourned for judgment before he was transfered to Abuja Division.

He returned to Lagos to deliver the verdict.

Justice Yunusa had barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the AGF and the Inspector-General of Police from inviting the former minister for interrogation.

The order was to subsist until Wednesday’s judgment.

Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection which challenged the court’s jurisdiction.

The judge held there was no evidence that the former minister’s right was to be violated in Lagos.

Besides, the judge said it would not amount to a violation of her right if the Federal Government had any valid reason to arraign Oduah in a Lagos State High Court as she alleged.

AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

“From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.

“There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.

“The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

Justice Abang agreed with Gazali’s submissions.

The AGF also said Oduah had not established any cause of action against it, having not proved that she had been invited, arrested or detained by the AGF.

“The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void.‎ The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

The vehicles, bought under Oduah’s watch as aviation minister, were said to have cost N255million, an amount that sparked huge outrage.

Oduah, in a supporting affidavit to the suit, had justified the 2013 purchase of two bullet-proof BMW cars by the Nigerian Civil Aviation Authority (NCAA).

The former minister, who represents Anambra North Senatorial District in the Senate, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents who were causing havoc in the Northeast.

Oduah said the bullet proof cars were especially necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Nigeria Police Force were bombed in Abuja.”

“It was thus imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for the use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

Oduah said the bid to arrest her for a crime she did not commit began as the general elections approached.

According to her, the House of Representatives led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were especially out to get her.

But the lawmakers’ move, she said, was part of a grand plan by the All Progressives Congress (APC) to capture power by all means.

The party, she said, carried out a campaign of calumny by “demonising” the most visible leaders of the Peoples Democratic Party (PDP).

Being a frontline PDP member, she also became a target, especially as she was seen as playing a crucial role towards the realisation of President Goodluck Jonathan’s re-election bid.

She said as part of the APC’s campaign of calumny against her and others, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation.

Among others, she said she was falsely accused of “all manners of corrupt practices and offences in respect of my stewardship as Minister of Aviation.”

Oduah said was shocked by the allegations because the aviation ministry under her watch was run in the cleanest manner imaginable.

The former minister said despite her selfless service to Nigeria and the posive changes made by the ministry under her watch, including the revamping of the country’s air transportation, Tambuwal still ordered her investigation based on the petitions containing “spurious and wild allegations.”

She said because of her electoral value and strategic politicking, she had been a target of the ploy by the APC to weaken the PDP and distract its leaders with trumped up charges.

According to her, part of the APC plan was to charge PDP leaders “in a criminal trial in a Lagos State Government-controlled court.”

Oduah said unless the court intervened, “the APC will unleash repression against her and others and this may cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”

February 17, 2016