The Nation Newspaper

Tag: sue

  • Impeached Speaker, others sue Kaduna Assembly

    The crisis rocking the Kaduna State House of Assembly has worsened, as impeached Speaker Muazu Usman Gangara, his deputy, Dogara Mato, and 14 others have filed a suit at the Kaduna High Court seeking to reverse their impeachment.

    Gangara and the others are challenging the impeachment by 18 of the 34 lawmakers and the election of Shehu Tahir as the new Speaker.

    In an originating summons, the plaintiffs are asking the court to determine four main issues.

    They asked the court to determine “whether there is any provision for the position of ‘Speaker Protempore’ in the Constitution of the Federal Republic of Nigeria, 1999 (as amended)” or if ‘Speaker Protempore’ could preside over the purported removal of the Speaker of the firsst plaintiff as the validity elected Speaker of the Assembly.

    The plaintiffs also asked the court to decide “whether the first to the 18th defendants formed the constitutionality stipulated quorum of two-thirds majority of the 34 members of the 19th defendant, which is 23 members of the Assembly for the purpose of the removal of the Speaker, the 19th defendant herein, under Section 92 (2) of the Constitution of the Federal Republic of Nigeria (as amended)”.

    They also urged the court to decide “whether the purported removal is valid with regards to Section 92 (2) (c) and also whether it is constitutionally valid and proper for the first and the 18 defendants to remove the first and second plaintiffs as the Speaker and Deputy Speaker”.

    The plaintiffs also prayed the court for a perpetual injunction restraining the defendants from parading themselves as the Speaker and Deputy Speaker and hindering them from discharging their duties.

    They prayed the court for an order to restore Gangara and Matoh to their offices as the Speaker and Deputy Speaker of the Assembly.

    A group, the Southern Kaduna Youth Liberation, yesterday accused Kaduna State Governor Mukthar Ramalan Yero of causing the recent impeachment of some principal leaders of the House of Assembly.

    But the governor said the accusation was misplaced.

    In a statement at the weekend in Kaduna, the youths accused the governor of using monetary inducement for the impeachment process.

    The statement by its Chairman, Sunny Yohanna, and Secretary David Ndasu, urged the Assembly to return to the status quo in the interest of the state.

    The group also urged Yero to steer clear of the Assembly’s politics, adding that his interference was against the constitution because both are separate arms of the government.

    “We strongly deplore the immoral politics of …Governor Yero for trying to oust the duly elected leadership of the Kaduna State House Assembly from office for selfish reasons,” the statement said.

    The group urged the Assembly’s leaders to avoid being used to divide the House by power mongers.

    It wondered how 18 members could form the two-thirds of 34, which is required to impeach the Speaker and his deputy.

    “The process at which the impeachment was carried out does not meet with the constitutional provision of the constitution, which the whole members sworn to protect,” the statement said.

    But the Director-General, Media and Publicity to the Governor, Ahmed Maiyaki, dismiss the group’s claim.

    He said it was out of place to link Yero with the Assembly’s crisis when he has no say on how the House was administered.

    He said: “The Assembly is an independent body and not an arm of the Executive. They do their things themselves. I must say that it is insulting to say that the governor influenced the removal of the House leadership.

    “Governor Yero respects the separation of powers, as enshrined in the constitution, and has nothing to do with their problem. He has said it over and over again that he is prepared to work with whoever leads the Assembly.”

  • Lawyers sue police over Amaechi’s safety

    Four lawyers from Ubima community, the home town of Rivers State Governor Rotimi Amaechi yesterday said they will appear in court today over the abuse of Amaechi’s rights by the police.

    The applicants- Collins Dike, Smith Azubuike, Iheanyi Dike and Friday Azubuike- will urge the court to compel the respondents, Inspector General of Police and Commission of Police, Mbu Joseph Mbu, to respect the governor’s rights.

    The applicants are asking the court to compel the Inspector General to redeploy Mbu since his stay no longer guarantees the governor’s safety.

    They are also urging the court to compel the IG to restore full security apparatus of the governor, which is part of his rights as the state’s chief security officer.

    The leader of applicants, Dike, said they will tell the court to declare that the respondents have failed in their duty of protecting and ensuring Amaechi’s safety.

    Dike said: “We have made our statement clear in the suit we filed. All we are praying is that the court should consider the rights of the governor and order the police to respect that. The governor cannot be crying for safety in the midst of the police.

    “Everybody is aware that some of the security details attached to the governor have been withdrawn, and we are also aware that the governor no longer drives around the state as he always does while supervising numerous projects in the state. And the same governor has discovered that his life is in danger if Mbu continues, why not respect his views.

    “This is the more reason why we are heading to court today to ask the court to compel the respondents to respect Amaechi’s right.”

     

  • Okada riders sue Oshiomhole

    Two residents of Edo State, Charles Apiloko and Osbert Agho, have sued Governor Adams Oshiomhole and five others at the Federal High Court for the ban on the use of motorcycles in three local government areas.

    The plaintiffs are seeking a declaration that the governor’s announcement of the ban was unconstitutional and illegal.

    In the suit, supported by a 24-point affidavit, the plaintiffs sought a declaration that the ban was a violation of their rights to fair hearing and freedom of movement.

    They are asking for an order of perpetual injunction restraining the governor, the Commissioner of Police, the State Director, State Security Services, Commandant, Nigerian Security and Civil Defence Corps, Commandant Nigerian Army – 4 Brigade and the attorney-general from enforcing the ban.

    The plaintiffs are demanding the order setting aside the governor’s verbal ban on use of motorcycle and to award N50million as general and/or exemplary damages/compensation for the breach of their fundamental rights.

    Hearing has been slated for July 8.

  • Ex-UBEC Secretary, Rep sue magazine for N100b damages

    Ex-UBEC Secretary, Rep sue magazine for N100b damages

    A former Executive Secretary of the Universal Basic Education Commission (ubec), Dr. Ahmed Mohammed Modibbo and a member of the House of representatives, Hajiya Aishatu Dahiru Mohammed, have sued PowerSteering Magazine for libel.

    The second defendant is Oga Tom Uhia

    They are demanding N100billion damages against the publisher of the magazine at the High Court of Justice of the Federal Capital Territory.

    The magazine accused Modibbo of embezzling N80billion while in office as the Chief Executive Officer of the National Teachers Institute (NTI) and the Executive Secretary of UBEC.

    The publication alleged that the member of the House, who is Modibbo’s wife, was implicated in an admission scandal at the Ahmadu Bello University, which she never attended.

    According to the writ, Hajiya Aishatu Dahiru Ahmed only attended the Federal Polytechnic Mubi in Adamawa State where she comes from.

    In the action filed by Ben A Anachebe (SAN), Ocholi James (SAN) and S.I. Ameh (SAN), the plaintiffs are seeking the following reliefs:

    “A declaration that the words published by the defendants about the plaintiffs in the PowerSteering Magazine of April 2013 falsely and maliciously written to the public is defamatory of the persons of the plaintiffs.

    “The sum of N100billion only to the plaintiffs as aggravated and exemplary damages against the defendants jointly and severally for libel, false and malicious publication by the defendants against the plaintiffs.

    “A mandatory order compelling the defendants to publish a retraction of the libelous publication in five of their monthly editions in conspicuous pages as a libelous article for five consecutive months and a written apology to the plaintiffs for the damage caused them.

    “An order of perpetual injunction restraining the defendants, their agents, servants or privies from publishing or further publishing or caused to be published any other defamatory words about the plaintiffs to any person or persons.”

    In a statement of claim in support of the action, the plaintiffs averred as follows:

    “The 1st plaintiff is the immediate past Executive Secretary of Universal Basic Education Commission (UBEC) whose five years tenure expired sometime 2012. A brief profile of the person of the 1st Plaintiff shall be relied upon at trial. Same is accordingly pleaded

    “The 2nd Plaintiff biodata, credentials and certificates obtained in the cause of her trainings before her election to the House of Representatives is hereby pleaded. And shall lead evidence to establish that she is a woman of integrity, good background, discipline, industrious, hard working, a mother and a good wife.

    “The 1st plaintiff, before his appointment as the Executive Secretary of the Universal Basic Education Commission in 2007, was also the Chief Executive of the National Teachers Institute where he was re-appointed his first tenure in 2003 as a result of his meritorious service that led to the rapid growth of the agency.

    “The 1st plaintiff, before his appointment as the Chief Executive Officer of the National Teachers Institute, was an itinerary lecturer at the Ahmadu Bello University (ABU) Zaria.

    “The 1st plaintiff was never indicted for any wrongdoing by any panel set up in ABU; neither was he ever suspended from being a lecturer at Ahmadu Bello University.

    “The 1st plaintiff was a lecturer at the Ahmadu Bello University before he was recommended and eventually appointed to head the National Teachers Institute in year 2000 based on proven competence and meritorious services as a lecturer in ABU.

    “The 1st plaintiff was not a member of any sex-for-admission syndicate while serving in ABU as a History lecturer.

    “The 1st plaintiff is a man of proven integrity and a stout Moslem who has the fear of God at the back of his mind and does not condone nor indulge in corruption or embezzlement of public funds.

    “The 2nd plaintiff is a member of the House of Representatives from Adamawa State, the home state of the 1st plaintiff.

    “The 2nd plaintiff is the wife of the 1st plaintiff and are still living together as husband and wife.

    “The 2nd plaintiff was never a student of the Ahmadu Bello University all her life but only attended the Federal Polytechnic Mubi in Adamawa State where she comes from.

    “The plaintiffs state that they have never been lovers prior to their coming together as husband and wife.

    “The 2nd plaintiff has never been employed in any organisation all her life but has been working as a contractor prior to her involvement in politics that saw her to the House of Representatives.

    “The 2nd plaintiffs, being a contractor, had been securing contracts from the Universal Basic Education Commission (UBEC) for years before the appointment of the 1st plaintiff as the Executive Secretary of the Commission.

    “The 2nd plaintiff always got her contracts from the Universal Basic Education Commission after competitive biddings and due process, unlike the Intermarkets case where the Lebanese wanted the second phase of a contract without due process and sued UBEC under Modibbo when he advertised for bidding–in line with Public procurement Act, 2007.

    “The 1st plaintiff has never lobbied or bribed anybody or given money to any government officials so as to confer an undue advantage on himself for appointment into any lucrative position.

    “The plaintiffs state that the defendants jointly, maliciously and recklessly published in the Power Steering Magazine of April, 2013 ISSN: 2006-523X at the Cover Page with a loud screaming headline MODIBBO STOLE N80B IN TWELVE YEARS? and exhibited the Plaintiffs most recent picture, showing clearly the person being referred to in the article. The Magazine under reference is hereby pleaded. At page 24 to page 29 the damaging article which the writers and publishers knew to be false were printed out with the picture of Dr. Modibbo and Prof. Mahmood Yakubu.”

    No date has been fixed for the hearing.

  • Lawyers to sue Fed Govt, EFCC

    The Nigeria Bar Association (NBA) said it would sue the Federal Government, the Economic and Financial Crimes Commission (EFCC) and the Federal Ministry of Trade and Commerce following the directive by the Special Control Unit against Money Laundering (SCUML) that lawyers must register with the Unit before February 1.

    NBA President Okey Wali spoke when officers of the Unit visited him at the NBA Secretariat in Abuja.

    Wali invited the officers to explain their position to lawyers at the NBA NEC meeting in Makurdi, Benue State.

    The SCMUL officers said the law as it were was not properly drafted, because the Unit does not expect lawyers to report every transaction above $10,000 as presently contained in the law, rather the law expects lawyers to report suspected transactions of that figure to the Unit.

    A memorandum by the Lagos Branch of the NBA on the issue was circulated, and the NEC decided to go to court to challenge the validity of the law.

  • Ilorin elders sue Kwara for sale of communal land

    The face-off over the alleged sale of some ancestral lands in Ilorin, the Kwara State capital, has taken a legal twist as some senior indigenes have filed a suit at the Ilorin High Court restraining the state government from transferring public ownership of such land to private businesses.

    The suit centres on the alleged sale or intention to sell what the claimants called the communal-owned Old Yidi Praying Ground, also called the Ilorin Amusement Park. The disputed land is home to the statue of the “Unknown Soldier”.

    The litigants are: Dr Ajibola Saliu Ajia, Dr. Saad Omoiya and Alhaji Saleh Duro Garba, all elder statesmen with deep family roots in Ilorin.

    They averred that the land has been used as Ilorin Muslim community’s praying ground since 1904.

    The plaintiffs explained that it was in 1977, during the regime of Brig. George Innih, the Military Governor of Kwara State, the Ilorin Eid (Yoruba: Yidi) praying ground was moved to the present praying ground at the Adinimonle (now Irewolede) Area of Ilorin, following an increase in Muslim population.

    They said the old Eid (Yidi) was then converted to a public-owned Amusement Park, a project that was/is meant to serve the interests of the public.

    They said: “The land was never at any time acquired by any government but was part of the Ilorin community’s decisions and contributions to the Islamic religious rites, practices and festivals of the community and later for the beautification of the Ilorin town and to serve as tourism, recreational, relaxation and events centre for the people of Ilorin and the citizens of the state.”

    Besides the state government and some of its agents, also joined in the suit as defendants are: the alleged buyer of the land, Artee Industry Limited – owners of ‘Park and Shop’ – and Mrs Toyin Saraki, wife of former Governor Bukola Saraki, who the plaintiff accused of using her position as the then governor’s wife to facilitate the sale of the land to Artee.

    They claimed in a writ of summons filed before the court that 80 per cent of the proceeds from the sale went to Mrs Saraki.

  • Communal crisis: Elechi to sue lawmaker

    The communal crisis between the people of Ndiagu Amagu community in Ikwo Local Government Area of Ebonyi State and the Adadama people of Abi Local Government Area of Cross River State took another dimension at the weekend.

    This followed the threat by Ebonyi State Governor Martin Elechi to sue the member representing Abi/Yakurr Federal Constituency, Bassey Ewa.

    Elechi said the lawmaker accused him twice as the sponsor of the boundary dispute between Adadama and Ndiagu communities.

    Elechi alleged that Ewa told the House that he (Elechi) bought the weapons with which the people of Ndiagu Ikwo used to unleash mayhem on Adadama.

    The governor spoke in Abakaliki, the state capital, during the citizens’ forum of the National Good Governance tour.

    Elechi said: “I have contacted my lawyers for legal advice on the allegation by the lawmaker that I bought the weapons.

    “How am I responsible for the attacks over the boundary dispute?

    “Immunity or no immunity, the lawmaker has to substantiate his claims, otherwise the law shall take it course.

    “I demand that Ewa clarifies the allegation,” the governor said.

  • Alaafin’s palace fire: sue PHCN, says Falana

    Lagos lawyer Femi Falana (SAN) has urged the Oyo State Government to sue the Power Holding Company of Nigeria (PHCN) for the recent fire at the palace of the Alaafin of Oyo, which gutted 21 rooms.

    He said the State Fire Service should be investigated for “not responding to the fire promptly”.

    Falana sympathised with the Alaafin on the incident and urged the government to insure public structures.

    In a statement yesterday, the lawyer said: “A fortnight ago, a section of the palace of the Alaafin of Oyo, Oba Lamidi Adeyemi III, was gutted by fire. The fire, which started around 6am on January 8, was reported to have raged uncontrollably before the arrival of fire-fighters an hour later. In the process, the inferno destroyed about 21 rooms in the ancient palace. Although no life was lost, the damage to the palace is said to be extensive.

    “I join other concerned Nigerians in sympathising with the Alaafin on the unfortunate incident. Oba Adeyemi is indeed lucky that a more beautiful and befitting palace will emerge from the rubble, as both the federal and the Oyo State governments, as well as some political leaders, have pledged to rebuild the palace.

    “While the official undertaking to rebuild the palace is a demonstration of sensitivity on the part of the government, the lessons from the fire incident should not be lost on Nigerians. Since the early morning conflagration resulted from a power surge, according to palace sources, the Oyo State Government should direct the Ministry of Justice to sue PHCN for negligence. There are cases recently decided by our courts where PHCN was made to pay colossal monetary damages in similar circumstances.

    “As the fire brigade office is a stone’s throw from the Alaafin’s palace, the late arrival of the fire-fighters should be investigated. The criminal negligence displayed by the fire-fighters in the circumstance should be taken up by the Oyo State Government to serve as a deterrent to other disaster management agencies.

    “It is pertinent to state that in a capitalist society, the government has no business rebuilding burnt buildings, which were not insured due to the carelessness of the owners. Instead of channelling public funds to rebuilding the burnt houses of the rich, governments should ensure that all public buildings and places of monuments are insured.

    “A former head of government was singing and dancing when his mansion was on fire. He did not hesitate to announce to all and sundry that the edifice was going to be rebuilt with public funds! If the practice of assisting a few people to rebuild their burnt homes is not discontinued, governments may soon be compelled to compensate every victim of natural and man-made disasters. After all, all citizens are equal before the law and entitled to the same rights and privileges.”

  • Falana to sue over killing of woman, 70

    Falana to sue over killing of woman, 70

    A lawyer and human rights activist, Mr. Femi Falana (SAN), plans to go to court over the alleged killing of a 70-year-old woman in Omuo-Ekiti.

    Mrs. Rebecca Adewunmi was mobbed by people reported to be allegedly acting on the orders of the monarch of the town, Oba Noah Omonigbehin, who has denied ever ordering anybody to attack the woman.

    Mrs. Adewumi was accused of afflicting her stepson, Ola Adewumi, who is now late, with a strange ailment with her witchcraft.

    Falana said: “The recent killings of four students in the University of Port Harcourt, the killings of 46 students in Mubi, the stoning to death of an old, so-called witch in Omuo-Ekiti, Ekiti State, are giving us sleepless nights.”

    The lawyer said he planned to meet the relevant arms of the government to know how far the case of Adewumi has gone.

    He said it was disappointing how the trucks belonging to a group of companies had turned the highways across the country into death traps.

  • Illegal levies: NULGE, MOAN sue groups

    The National Union of Local Government Employees (NULGE) and the Mobile Advert Agency of Nigeria (MOAN) have jointly sued the Mobile Advert Emblem Hackening Permit Producers Association of Nigeria, the Motor Vehicle Advert Association and the Mobile Advertisers Association of Nigeria, as well as their promoters, to a Federal High Court, sitting in Lagos.

    Besides the three associations, other defendants in the suit are: Chief Gabriel Ojoba, Suleman Nageem, Chief Bukola Oguntola, Prince Adeyemo Olumuyiwa, Mr. Tajudeen Olaoye and others.

    In the suit, filed on behalf of NULGE and MOAN by the chambers of M.O. Megele and Associates, the two groups are asking the court to stop the three associations and their promoters “from imposition and collection of unauthorised local government levies/taxes from motorists and other road users, as well as distribution and sales of illegal certificate such as Vehicle Incorporated Clearance in the name of Mobile Advert Hackening Permit Producers Association of Nigeria or any other revenue association”.

    No date has been fixed for the hearing of the matter.