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Tag: strikes out

  • Court strikes out corruption suit against Kachikwu

    A suit seeking an order of mandamus to compel anti-corruption agencies to investigate and prosecute Minister of State Petroleum Resources Ibe Kachikwu for alleged declaration of assets infractions has been struck out.

    Counsel to Kachikwu, Dr. Muiz Banire (SAN) and Paul Erokoro (SAN), had sought the dismissal of the suit but Justice Folashade Ogunbanjo of the Federal high Court, declined because of the absence of the motion seeking dismissal before the court.

    The court had granted leave, permitting a civil society group, Kingdom Rights Foundation International (KHRFI), to commence a suit which centres on allegations of money laundering, operation of a foreign bank account, corruption and assets declaration irregularities against Kachikwu.

    Justice Ogunbanjo made the order on October 10.

    The plaintiff, KHRFI, through its ex parte application filed on August 23 sought the court’s leave to commence a suit seeking Kachikwu’s probe for the various allegations.

    Kachikwu was sued alongside the Ministry of Petroleum Resources, the Code of Conduct Bureau, the Economic and Financial Crimes Commission, President Muhammadu Buhari, and the Attorney General of the Federation, Mr Abubakar Malami (SAN).

    The plaintiff, through his lawyer, Okere Nnamdi, asked the court, in the substantive suit, to conduct a judicial review of the administrative action/inaction of the defendants to perform their constitutional and statutory mandates and obligations in connection with the investigation and prosecution of Kachikwu and also sought leave to commence the suit on October 10.

    But the suit was thrown out by the same court, thus vindicating Kachikwu, who had at various times insisted on compliance with the relevant law and rules in the declaration of his assets as against speculations flying around that his declaration was fraudulent.

  • Court strikes out Melaye’s suit against council administrator

    The Kogi State High Court in Lokoja has struck out Senator Dino Melaye’s suit against Administrator of Ijumu Local Government Area, Taofiq Isa and four others, for want of diligent prosecution.

    Isa, Ade Obege, Abdullahi Isah, Michael Bamidele and Ahmed Ajayi, were arraigned about a year ago for the alleged assassination attempt on Melaye.

    But the case has suffered series of setbacks, particularly owing to the absence of the prosecution counsel at adjournments.

    Ruling yesterday on the matter, Justice Fola Ajayi noted that the prosecution counsel could not open its case despite four adjournments.

    He, therefore, struck out the case for lack of diligent prosecution and gave a consequential order that the prosecution could start their case afresh whenever they are ready.

    Defence lawyer Zakari Abbas lauded Justice Ajayi for the judgment.

    He said the judge, haven listened to all parties, and the petitioners unwilling to present their witnesses, arrived at the conclusion that the prosecution has not diligently pursued its case.

    He added: “Hence, the charge has been struck out. As it stands, there are no criminal charges against the defendants.

    “However, the judge gave a consequential order that whenever they are ready with their witness, they could approach the court to start their case afresh.”

  • Court strikes out suit seeking to remove Tambuwal

    Court strikes out suit seeking to remove Tambuwal

    Justice Gabriel Kolawole of the Federal High Court, Abuja, has struck out suit filed by Senator Umaru Dahiru which sought to remove Governor Aminu Waziri Tambuwal of Sokoto State on the ground that the primary elections which produced the defendant as the candidate of the All Progressives Congress was faulty and marred by irregularities.

    The ruling took all those at the court by surprise because today’s sitting was for a ruling on an application to amend the originating summons which the court was mandated to seat over by the Supreme Court.

    Justice Gabriel Kolawole struck out the suit after declaring that the original suit was not found in the file, adding that the applicant did not make them available.

    At the last sitting of the court on February 28, counsel to Dahiru, Mr Ikoro I. Ikoro, argued and sought to amend the originating summon filed against Tambuwal, the APC and the Independent National Electoral Commission (INEC) before the April 11, 2015 governorship election.

    In the amendment Dahiru prayed to court to remove Tambuwal from office and declare him as the winner of the December 2014 APC Primary Election.

    He also asked the court for an order compelling INEC to withdraw the certificate of return issued to the governor present it to him on the grounds that he was the lawfully elected candidate of the APC at the primary election.

    However, in his objection to the application, Counsel to APC, Mr Jubrin Okutepa (SAN), asked the court to dismiss the request for the amendment. He said his objection was on grounds that it is not in compliance with the Supreme Court Judgment of Dec. 9, 2016, which ordered a retrial of the plaintiff’s case.

    Okutepa argued that the applicant (Dahiru) had changed the character and direction of his earlier originating summon. He also said that the applicant sought to amend the originating summon because of his sudden discovery that event had overtaken the initial originating summon.

    The counsel added that any attempt to allow the amendment will amount to an affront to the Supreme Court Judgment of December last year.

    Okutepa further argued that the applicant was not consistent in the reliefs been sought in the proposed amendment as in the originating summon, the applicant had asked the court to nullify the APC primary election.

    He said this was on grounds that it was unlawfully conducted and that the same applicant cannot seek to be declared winner of the said unlawfully conducted primary election. The counsel therefore urged the court to refuse the amendment and allow hearing in the initial originating summon as directed by the Supreme Court.

    Counsel to Tambuwal Sunday Ameh (SAN) aligned himself with the submission of the APC and urged the court to hold that the amendment been sought by the governorship aspirant is unmeritorious.

    The counsel insisted that it is too late in the day for the applicant to seek the relief after the governorship election had been conducted, adding that the proper place for the applicant to ventilate his anger is the election petition tribunal.

    Ameh also submitted that the applicant cannot even go to any election petition tribunal because the 21 day required by law under which a petition can be filed to challenge the election of any declared winner had lapsed since 2015.

    He also prayed the court to refuse the temptation of turning itself to an election petition tribunal as there is no law for such an action.

    Justice Gabriel Kolawole after taken arguments from both parties fixed March 10 to give ruling on whether to allow or refuse the proposed amendment sought by the former governorship aspirant.

    In his ruling Friday, the judge said the amendment being sought could not stand because the court was not in possession of the original case file.

    He therefore struck it out accordingly.

  • Court strikes out case against Aregbesola

    A Federal High Court, sitting in Osogbo, Osun State, has struck out a case instituted against Governor Rauf Aregbesola on his health status.

    At the court’s last sitting, the plaintiff, Incorporated Trustees Egalitarian Mission for Africa, a non-governmental organisation (NGO), made an oral application for the withdrawal of the case, but the defence counsel insisted on a formal application.

    Yesterday, the plaintiff and its counsel were not in court. Counsel to the first, second and third defendants, Attorney-General and Commissioner for Justice Wale Afolabi, urged the court to strike out the case.

    Afolabi, who led other lawyers, including Abdulrazak Adewuyi, Kayode Titiloye and Mrs. Yetunde Akinyinka, told the court that the refusal of the plaintiff and its counsel to appear before the court was a reflection of their application at the previous sitting.

    Justice Babs Kewumi granted Afolabi’s application and struck out the case.

    Speaking with reporters shortly after, Afolabi said he was not surprised by the outcome of the case.

    He described the suit as “a show of malice against the governor”, adding that Aregbesola was hale and hearty.

  • Court strikes out suit against Dickson

    A Federal High Court, Abuja, has struck out a suit by a Peoples Democratic Party (PDP) member, Austin Ogionwo, seeking to nullify Bayelsa State Governor Seriake Dickson’s ticket for the February 11, last year, election.

    The plaintiff urged the court to declare the November 19, 2011, party’s primary election won by Dickson as null and void, “having failed to comply with the provisions of the Electoral Act 2010 (as amended) and the Electoral Guidelines for primary elections of the PDP”.

    He also asked the court to restrain the PDP and the Independent National Electoral Commission (INEC) from submitting and accepting the name of Dickson as governorship candidate in the February election.

    He also sought an order restraining Dickson from parading himself as the governorship candidate for the election and an order directing the PDP to organise a fresh primary election for the state.

    The matter could not be decided within the time frame because the plaintiff had difficulties serving the respondents before the court granted him service by substituted means.

    The PDP and Dickson, filed a motion for preliminary objection to the suit.

    Delivering judgment in the suit yesterday, Justice Adamu Bello dismissed their submission that the suit was incompetent because Dickson was served the originating process on February 17, after he had been sworn in as governor on February 14, last year.

    The judge observed that the plaintiff’s efforts to serve Dickson were frustrated until he obtained an order for substituted service.

    Besides, he held that there was no time-limit within which a person can bring an action on pre-election matters by the provision in Section 87(10) of the Electoral Act.

    Justice Bello also disagreed that Dickson was covered by the immunity clause under Section 308 of the 1999 Constitution in the case.

    He said “Section 308 of the Constitution does not protect a governor from the suit challenging his election.

    “Election matters are different from civil and criminal matters, so the provision cannot avail a governor.

    “It does not extend to election matters but limited to civil and criminal matters.”

    On claims by the defendants that the suit constituted an abuse of court process due to alleged multiplicity of actions, Justice Bello said Dickson did not file any affidavit to establish the case.

    The judge held that the parties in the three suits referred to by Dickson were different.

    On whether the court has the jurisdiction to hear the matter, Justice Bello observed that the plaintiff did not participate in the primary election complained of as required by Section 87(9) of the 2010 Electoral Act (as amended).

    This, he said, robbed the court of jurisdiction as the plaintiff does not have the locus standi to initiate the action having refused to participate in the primaries by his own admission in his affidavit.

    “The plaintiff by his own showing has proved that he did not participate in the primary election as a mark of protest”.

    “The plaintiff lacks the locus standi to activate the jurisdiction of the court. The suit is hereby struck out”.

  • Court strikes out Lawan’s objections

    Court strikes out Lawan’s objections

    An Abuja High Court has struck out Farouk Lawan’s objection to the suit filed by Mr. Femi Otedola and his company, Zenon Petroleum and Gas Company.

    In the suit filed before Justice Peter Kekemeke, Otedola is claiming one hundred billion naira (N100B) as general damages for acts of intimidation, loss of good-will and patronages occasioned by the bribery incident.

    He is claiming another one hundred and fifty billion naira (N150B) against the defendants as exemplary damages for their alleged oppressive and arbitrary actions against him and his company.

    Otedola and his company, Zenon Petroleum and Gas Company (co-plaintiff) are also challenging the alleged move by the House to re-list his company among the oil firms already indicted for allegedly defrauding the federal government.

    Justice Kekemeke in his ruling held that Tambuwal and Lawan cannot hide under Immunity to shield themselves from legal action for the alleged wrongful acts carried against the plaintiff.

    Otedola, in a 28-paragraph statement of claim averred that he became distressed by Lawan’s persistent phone calls threatening him that his company would be included in the list of indicted oil importers unless he paid the $3 million and reported the unlawful demands to security agencies who told him to play along by giving marked money to Lawan so as to gather evidence in the nefarious activities of the Lawmaker.