The Nation Newspaper

Tag: sues

  • APC chieftain sues Army, Dokpesi for illegal detention

    Vice Chairman of the All progressives Congress (APC) in Edo State Usman Mogaji and five others, have sued the Army, Chief Raymond Dokpesi, and two others at the Federal High Court sitting in Benin for alleged detention and rights’ infringment.

    Joined in the suit are the chief of Army staff and the Commandant, Army School of Electrical and Mechanical Engineering, Brigadier-General Augustine Odidi.

    Other applicants are Aliyu Mogaji, Tony Braimah, Samuel Nandik and Everest Igbolekwe, who are wards, siblings and employees of Mogaji.

    Through their counsel, Hilary Oshomah, the applicants are seeking a perpetual injunction against the respondents from “further arresting, detaining, intimidating, harassing, kidnapping, abducting or in any manner, infringing on their rights and members of the first applicant’s household connecting, concerning, pertaining, relating from the masterminding and instigating of the fourth respondent.”

    They also seek a public apology in two national newspapers for their harassment, beating and detention by soldiers allegedly on the orders of Dokpesi.

    They are asking for N500 million damages against the respondent and N20 million against the third and fourth respondents (Odidi and Dokpesi), jointly and severally in favour of the second to fifth applicants.”

    There was anxiety among relations and friends about the whereabouts of Mogaji last Saturday.

    Counsel to Mogaji, Oshomah said the soldiers acted on instructions from their commandant and a top politician.

  • Princewill sues Princewill over LP candidature

    Prince Joseph Tamunosaki Princewill, a kinsman of Rivers State Labour Party’s (LP’s) “governorship candidate”, Prince Tonye Princewill, has sued him at the Federal High Court in Port Harcourt on his alleged candidature “through proxy”.

    The plaintiff said the politician’s emergence was not in line with the LP constitution.

    Joseph Princewill, from the same Buguma, the headquarters of Asari-Toru Local Government Area, is also an LP governorship aspirant.

    Joseph, who is also the leader of “The New Breed,” which revived LP from less than 200 members in Rivers State to the present status of over 5,000 registered members, told reporters yesterday in Port Harcourt, the state capital, asked the court to compel Tonye to stop parading himself as LP’s governorship candidate, despite flooding Rivers State with his campaign posters.

    He is demanding N10 billion damages from Tonye.

    Joseph also said his Port Harcourt-based lawyer, Timipa Jenkins Okponipere, would be in court tomorrow to take a date for the accelerated hearing of the suit.

    The five respondents in the suit are: the LP, Tonye, the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and Emmanuel Dagogo, a personal assistant to Tonye, who is not a member of LP but was given the Rivers governorship ticket of the party.

    Dagogo later handed over to Tonye, after he (Tonye) dumped the PDP, where he was a governorship aspirant.

    Joseph wanted an order for the enforcement of his fundamental rights, pursuant to the provisions of Chapter 4 of the 1999 Constitution,  as amended and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act 2004.

  • General sues Army for ‘unlawful retirement’

    General sues Army for ‘unlawful retirement’

    A Federal High Court has fixed February 3, 2015 for mention in a suit alleging unlawful retirement of an officer, Brig-Gen. Abdul Qadir Abubakar, from the Nigerian Army.

    Brig-Gen. Abubakar sued the Armed Forces Council, Nigerian Army Council, the Chief of Defence Staff, the Chief of Army Staff and the Ministry of Defence before the court, challenging his retirement from the Nigerian Army without completing the normal mandatory period.

    The retired Army officer, in the suit filed on his behalf by a Kaduna-based lawyer, Tajudeen Oladoja, is asking the court to set aside his purported retirement from the Army by the defendants.

    He also asked the court to reinstate him back into the service with all his rights and promotion to the rank of a Major-General.

    The suit alleged that the defendants, without looking into his appeal, carried out the retirement against Section 178 (2) of the Armed Forces Act, CAP A 20 Laws of the Federation, 2004.

    Counsel to the plaintiff said a letter from the second defendants dated  December 11, 2014, in which the plaintiff was advised to apply for voluntary retirement not later than  January 31, 2014, so that the Army Council would not consider him for compulsory retirement, was against justice and fair hearing.

    According to the lawyer, while the plaintiff’s appeal was pending for redress and yet to be determined by the Commander-In-Chief of the Armed Forces, the second defendant met on April 10, 2014 and approved the plaintiff’s retirement.

    In the Writ of Summons, the  counsel is urging the court to give an order directing the second defendants to review the Nigerian Army 2011-2013 promotion exercise concerning the plaintiff and to grant him elevation to the rank of Major-General as well as restore his promotion, rights, privileges and statutory career at the age of 54 years.

  • Alleged libel: Ex-minister sues bank for N100b

    Alleged libel: Ex-minister sues bank for N100b

    Former Water Resources Minister and former President of the Newspapers Proprietors Association of Nigeria (NPAN) Alhaji Ismaila Isa Funtua has sued one of his bankers, Unity Bank Plc, for allegedly defaming him.

    In the suit filed with his company, Bulet International Nigeria Limited, before the High Court of the Federal Capital Territory (FCT), Abuja, the plaintiffs accused the bank, among others, of publishing false information about them.

    They stated in a supporting affidavit that the bank in 2013, initiated a debt recovery proceeding against Bulet International before the FCT High Court.

    The suit was dismissed on February 24, 2014 for lack of reasonable cause of action.

    The plaintiffs said before the suit was dismissed, Unity Bank, acting through its lawyer, I. H. Yamah  allegedly wrote to Bulets’ tenants and clients , including the Federal Ministry of Finance, CBN, Australian and American embassies as well as the Ministry of Foreign Affairs, conveying an auction sale notice.

    The notice threatened to sell the property being occupied by the tenants.

    Unity Bank was said to have alleged in the letters that the plaintiffs owed it N6.856 billion and that the bank was in possession of perfected legal mortgage over the landed property occupied by the tenants.

    The bank allegedly warned them not to have any commitments to their landlord.

    The plaintiffs stated that the bank sued them again this year and that they have challenged the legality of the suit on the grounds that it failed to disclose reasonable cause of action.

    They added that ruling had been fixed for February 2015.

    The plaintiffs further stated that while parties awaiting the ruling fixed for February, the bank proceeded to publish public notices and articles in numerous newspapers as well as on its Internet outlets specifically addressed to the CBN, containing list of its alleged debtors. One of the plaintiffs, Bulet, was allegedly listed.

    According to the plaintiffs, the letters, newspaper reports and public notices by the bank meant that the plaintiffs are bankrupt and irresponsible and took bank credit with intent to defraud the bank.

    The plaintiffs said the letters and public notices were understood by the public that Unity Bank gave them N6.8 billion credit facilities and was in custody of perfected mortgage instruments, which exposed the plaintiffs’ tenants to auction sale of their home and offices.

    They denied that the bank granted them N6.8b loan, describing the allegation by the bank as baseless and an attempt to damage their reputation.

  • PDP sues Ekiti over council creation

    Ekiti State Peoples Democratic Party (PDP) has taken the state government to court on its proposed plan to create additional 18 Local Council Development Areas (LCDAs) from the existing 16 councils.

    The suit with number HAD/75/2014 and filed at a high court sitting in Ado-Ekiti, the state capital, last Tuesday was deposed to by the state party Chairman, Mr. Makanjuola Ogundipe.

    He described the state government’s move as illegal, unconstitutional  and a flagrant violation of the provisions of the 1999 Constitution.

    Joined in the suit were Governor Kayode Fayemi (1st defendant), Attorney General and Commissioner for Justice Mr. Wale Fapohunda (2nd defendant) and the Ekiti State House of Assembly (3rd defendant).

    Among the reliefs sought were:

    •a declaration that it is an exercise in futility for the 1st defendant to embark on the creation of local governments or LCDAs at the twilight of its tenure, being a process that cannot  be completed  before the expiration of the tenure;  and

    •a declaration that any local government or LCDAs created by Governor

    Fayemi in contravention of the 1999 constitution as amended is null, void of no effect”.

    The PDP also sought ‘a perpetual injunction’ restraining the defendants from embarking on further process towards the creation of additional councils.

    The date for the commencement of the hearing in the case is yet to be communicated to the parties.

  • Firm sues AMCON to New York Supreme Court

    Firm sues AMCON to New York Supreme Court

    The US firmclaiming that its interests will be jeopadised ifthe Asset Management Company of Nigeria  (AMCON) proceeds to sell Mainstreet Bank Limited, Intangis Holdings, has filed a complaint for damages for tortuous interference with contract against  AMCON in the Supreme Court of the State of New York.

    In a statement yesterday, Africa Media Agency acting on behalf of Intangis Holdings, said the firm’s dispute with AMCON over the sale of Mainstreet Bank Limited and its collateral interest in Afribank, have already been adjudicated upon by the International Court of Arbitration.

    Earlier on Tuesday, Intangis Holdings, in a reaction to the issue, saidit expected AMCON, in its desire to divest from Mainstreet Bank, to allow for proper accounting procesure, by adopting the InternationalFinancial Reporting Standards (IFRS).

    In its earlier statement, it said: “This liquidation, concluded between five and eight August, 2011, harmed all Afribank’s shareholders and creditors, including Intangis Holdings. Intangis Holdings referred the matter to the International Court of Arbitration, on 29 April 2011, which issued a preliminary decision in its favour in September 2013 and took the view that Mainstreet Bank was party to the contract between Intangis Holdings and Afribank.”

    It said since that decision, AMCON has taken steps to divest from Mainstreet Bank, while omitting to make provision as required by the international accounting rules (IFRS) for certain liabilities of the bank, estimated by Intangis Holdings at $1.4 billion, adding that Intangis Holdings called for compliance with IFRS.

    However, AMCON had since distanced itself from Intangis Holdings assertion, saying its investment and interests in Mainstreet Bank Limited have no linkage whatsoever with Afribank that Intangis claimed it invested in.

  • Alleged libel: NEXIM Bank’s MD sues CNPP’s secretary for N600m

    Alleged libel: NEXIM Bank’s MD sues CNPP’s secretary for N600m

    The Managing Director of Nigerian-Export-Import Bank ((NEXIM), Mr Roberts Orya, has sued the Secretary General of the Conference of Nigerian Political Parties (CNPP) Chief Willy Ezegwu for alleged libel.

    In the writ of summons filed at the Federal High Court in Abuja, the plaintiff is claiming N600million damages for defamation of his character through a press release issued by the defendant.

    He is also praying for an order of perpetual injunction restraining the defendant or his agents “from further publishing or causing to be published the said words or any words similarly defamatory of the plaintiff.”

    Orya said the statement issued by CNPP on May 16 is a “vicious, malicious and vitriolic attack” on his integrity and reputation.

    He said the release was published on the internet using the defendant’s personal e-mail address.

    It was entitled: “CNPP calls for the suspension of the MD of NEXIM Bank… demand immediate probe of N200billion stabilisation fund.”

    CNPP, in the statement, sought Orya’s immediate suspension for alleged dereliction of duty, gross abuse of office and misapplication of the N200 billion stabilisation and loan guarantee fund advanced the agency by the Central Bank of Nigeria (CBN).

    CNPP alleged that Orya “has turned this critical financial agency that promotes investment and stimulates national industrialisation drive in the import and export sector into a personal fiefdom through the recruitment of unqualified staff, alienation of directorate and executive staff in the decision making process, favouritism in the grant of loans and gross misapplication of agency fund.”

    The CNPP Secretary General said the group would “commence daily picketing and mass action at the NEXIM bank headquarters, the EFCC office and the NASS (National Assembly) until Robert Orya is removed from office and a criminal investigation/prosecution process against him is launched by the relevant authorities.”

    The plaintiff said the press release, which was sent to various online news media and read by many people, was false.

    In a supporting affidavit, Orya said: “The words published aforesaid concerning the plaintiff are malicious, false and untrue and in consequence of the words published aforesaid, the plaintiff’s integrity has been gravely and flagrantly damaged by the defendant.”

  • Bayelsa sues EFCC over N1.4b, $1.3m Alamieyeseigha loot

    Bayelsa sues EFCC over N1.4b, $1.3m Alamieyeseigha loot

    Bayelsa State Government has accused the Economic and Financial Crimes Commission (EFCC) of trading with the cash recovered from ex-Governor Diepreye Alamieyeseigha.

    The state government has taken the anti-graft agency to court, urging it to compel the EFCC to release N1.4 billion and $1.3million recovered from Alamieyeseigha to it, with interest.

    It is also seeking the sack of EFCC Chair Ibrahim Lamorde.

    The suit is before Justice Ademola Adeniyi of the Federal High Court, Abuja.

    In a writ of summons issued against the EFCC and Lamorde, the state urged the court to, among others, declare as corrupt act, the refusal of the commission to remit to it, the recovered funds.

    It also urged the court to declare that the decision by the EFCC to continue “trading with the funds by way of funds placement/fixed deposits is an act of corruption and an economic crime contrary to sections 6 and 7 of the EFCC (Establishment) Act, 2004.”

    In the suit initiated by its lawyer, Anthony Agbonlahor, Bayelsa State also urged the court to direct the commission to immediately pay the monies with the interest which had accrued on them.

    Bayelsa asked the court to declare that Lamorde, who took part in the investigation and prosecution of Alamieyesiegha, should not have allowed the funds recovered from the former governor to be traded with.

    It urged the court to hold that Lamorde was not qualified to continue in office as chairman of EFCC, having violated his oath of office.

    The state also urged the court to order EFCC to pay 21 per cent interest on the N1.4 billion and the $1.3 million from November 1st, 2013 until judgment is delivered by the court.

    It pleaded with the court to “direct EFCC to pay to it $400,000.00, being the amount forfeited by its former governor and which funds had since been repatriated by the United States Government to the EFCC”.

    A date is yet to be fixed for the hearing of the case.

    The state resorted to the court action following the EFCC’s refusal to honour an earlier request for the funds as contained in a demand letter from the state’s agent, George Uboh, of the Panic Alert Security System.

    Uboh said he met with EFCC officials and the commission asked him for a short time to comply.

    He said the commission failed to remit the monies, following which the state instructed him to go to court.

  • Ogun LP ‘executive’ sues INEC, Daniel

    Labour Party (LP) ‘executives’ in Ogun State have sued former Governor Gbenga Daniel and the Independent National Electoral Commission (INEC) over their “purported removal” from office.

    They are praying a Federal High Court in Lagos to declare that their removal null and void.

    They also sought a declaration that they and other executives at the local government and ward levels are the LP’s authentic officers.

    Olabode Simeon, Oginni Olaposi and Arabambi Abayomi, who filed the suit for themselves and the committee, joined the inspector-general of Police, director-general of the State Security Service (SSS), LP and its National Chairman, Chief Dan Nwanyanwu, as defendants.

    Others are LP Deputy Chairman (South) Dr. Joseph Akinlaja, John Olaleye, Michael Adegbola, Ladi Adebutu, Sarafa Tunji Ishola, Senator Lekan Mustapha, Kayode Amuson, Isiaq Biodun Akinlade, Gboyega Nasiru Isiaka and Adeshina Kawonise.

    The rest are Iyabode Apampa, Soji Akinbankole, Tunde Adesina, Waliu Taiwo, Remi Hassan, Adiyat Oladapo, Babtunde Osholake, Dave Salako, Adewale Adesegun, Oshunibi Adewale and Olumide Sina.

    The plaintiffs said their tenure should have ended last year, but it was extended on November 20, by the party’s National Executive Committee (NEC), pending congresses to elect their successors.

    The asked the court to determine if the executive can be removed from office without election at a state congress or a convention to overturn the NEC’s resolution.

    The plaintiffs urged the court to hold that Akinlaja and Daniel cannot handpick and appoint their choice as LP officers in Ogun in disregard of the 1999 Constitution and the party’s 2009 Constitution, and that INEC cannot recognise such officers.

    They sought injunctions restraining Daniel, Olaleye, Adegbola, Adebutu and Ishola from parading themselves as Ogun LP officers and stopping the seventh to 27th defendants from parading as members until their registeration.

    The plaintiffs urged the court to restrain security agencies from recognising any other group as the executive and direct the police and the SSS to provide them with security.

    In a supporting affidavit, Olaposi, who is the secretary of the “sacked” executive, said: “Daniel purportedly defected from the Peoples Democratic Party (PDP) to the LP (fourth defendant), but has not pursued the processes stipulated by the LP’s constitution to become a member.”

    The plaintiffs alleged that Daniel, with Akinlaja’s support, unlawfully proclaimed himself the Ogun LP leader, formed parallel structures under his control and appointed his cronies as the party’s officers.

    They said: “Currently, no meeting of the LP’s authentic officers and organs can hold without it being disrupted by armed thugs sponsored by the seventh defendant.

    “We now live and carry out our activities in an atmosphere of apprehension, insecurity and fear of imminent danger, while INEC, the police, SSS and the party chairman have not taken any action as required of them by the law.

    “Unless this court intervenes, the seventh defendant will continue his illegal plan and execute his evil wish to take over the LP illegally by force, rather than by democratic means through elections as stipulated by the Constitution of Nigeria.”

  • Lawyer sues Jonathan, National Assembly over disability law

    Lawyer sues Jonathan, National Assembly over disability law

    I physically challenged lawyer, Mr Daniel Onwe, has sued President Goodluck Jonathan and the National Assembly at the Federal High Court in Lagos for their alleged failure to enact a law that protects the rights of persons with disabilities.

    He said non-existence of any federal disability legislation violated the fundamental rights of over 20 million people with disabilities.

    Onwe is seeking an order mandating the respondents to enact forthwith the necessary laws to protect persons with disabilities, thereby stopping the violation of their fundamental rights.

    “It will be in the interest of justice and the Nigerian nation to grant this application,” he prayed the court.

    Onwe is seeking a declaration that the absence of a federal legislation for the protection of persons with disabilities violates their fundamental rights guaranteed by Sections 33, 34, 39, 40, 41 and 42 of 1999 Constitution and Articles 4, 5, 9, 12(1), 13(3), 18(4) and 24 of the African Charter on Human and People’s Rights.

    The lawyer, a notary public, prayed the court to hold that the inaccessibility of public buildings and the environment to persons with disability as a result of architectural barriers violated their freedom of movement, freedom of association and the right to dignity of human person.

    Besides, he said the non-use of sign language at national public functions and on national television programmes was a violation of the freedom of expression of persons with hearing disability (the deaf) guaranteed under Section 39 of the Constitution.

    Onwe noted that the non-use of Braille materials at national public functions was a violation of the freedom of expression of persons with visual disability (the blind) guaranteed under Section 39 of the Constitution.

    In a supporting affidavit to the fundamental rights action, Onwe said he was suing as a person with a physical disability having suffered polio myelitis at the age of one, which had left him with partial paralysis and deformity of the lower limbs.

    He said he had been dependent on crutches to move about and was impeded by architectural barriers in public buildings, such as the Federal High Court.

    The lawyer said there abound other persons with physical challenges, such as visual, speech, hearing and intellectual disabilities, adding that the 2011 World Disability Report states that persons with disabilities constitute about 15 per cent of the population of each country of the world.

    According to him, since the Nigerian population has been estimated by the National Population Commission to be over 160 million, by extrapolation, there are over 20 million Nigerians with one type of disability or the other.

    Onwe claimed there was no federal legislation to specifically protect persons with disabilities in Nigeria, while their peculiar needs and interests were not considered in taking decisions on various issues.

    The lawyer said this oversight hindered the expression of their fundamental rights.

    He said public buildings, sidewalks and other architectural structures for the public should have architectural barriers, such as steep steps, adding that they were often without the necessary accessibility facilities, such as lifts and ramps.

    According to him, these violate the right to movement and dignity of persons with disabilities.