The Nation Newspaper

Tag: sues

  • Lakyo killings: Ombatse sues Nasarawa for ‘illegal’ ban

    Ombatse, the group which allegedly killed several security personnel in an ambush at Lakyo village in Nasarawa State, has sued the state government for proscribing its activities.

    It prayed a Nasarawa State High Court to declare as illegal the probe of the Judicial Commission of Enquiry into the killing of the security personnel.

    The group also challenged the legitimacy of a law made by the state, purporting to proscribe its activities.

    Ombatse prayed the court to restrain Governor Umar Al-Makura and other principal officers of the government from accepting the panel’s report or acting on it on the grounds that the law establishing the commission was illegal.

    The requests were among the group’s prayers in a suit it filed before the court.

    Ombatse alleged, among others, unfair treatment, wrongful proscription of the group and a violation of its members’ right to associate.

    The suit, a fundamental right enforcement action, initiated last week on behalf of the group by its Legal Adviser, Zachary Allumaga, has the governor, the state government, the Attorney-General and the commission of enquiry as respondents.

    The group urged the court to declare that “the Nasarawa State Notice No. 4 of 2012, made by the governor and cited as the penal code (proscription of Ombatse Group and Other Ethnic Militia) order 2012 is illegal”.

    Ombatse said its members were not given fair hearing before its activities were proscription.

    It also prayed the court to declare that the governor, having failed to comply with conditions precedent to the exercise of his powers under Section 97 A of the Penal Code, laws of Northern Nigeria 1963, renderedthe law proscribing the group null and void.

  • Bi-Courtney sues FAAN, others for contempt

    Bi-Courtney sues FAAN, others for contempt

    Bi-Courtney Aviation Services Limited (BASL), operators of the domestic terminal of the Murtala Muhammed Airport (MMA2), Ikeja, has asked the Federal High Court Lagos to commit three top officials of the Federal Airports Authority (FAAN) to jail for contempt of court.

    Bi-Courtney’s application followed the refusal of the officials, including its Managing Director, Mr. George Uriesi, to comply with the orders of Justice Jona Adah, in the suit restraining them from interfering with work on a four-star hotel and conference centre, which the plaintiff is developing at the airport.

    According to the application, others against whom Bi-Courtney wants the order of contempt made include FAAN; the authority’s Chief Security Officer, Col. C.L. Onalo and its General Manager, Public Affairs, Mr. Yakubu Dati.

    Bi-Courtney, according to (Form 49) dated June 26, this year, claimed that the affected individuals willfully violated the order of the court, which restrained them and their representatives from “commencing, continuing and/or completing any actions or permitting the commencement, continuance and/or completion of any actions in respect of taking over possession of and/or interfering with the Applicant’s possession of the Four Star Hotel and Conference Centre situate at the Murtala Muhammed Airport Terminal 2, Ikeja, pending the hearing and determination of the Applicant’s application for interlocutory injunction….”

  • Tukur’s PDP sues KWSIEC over local govt poll

    Some members of the Bamanga Tukur-led Peoples Democratic Party (PDP) in Kwara State have said the selection of the chairmanship candidates of the party in the October 26 local government election in the state is unconstitutional.

    They also said the selection of the candidates was unlawful, illegal, null and void, because it did not comply with the PDP 2001 constitution, as amended.

    The aggrieved PDP members are praying the Federal High Court, sitting in Ilorin, the Kwara State capital, to restrain the state Independent Electoral Commission (KWSIEC) from conducting the election on the planned date.

    The plaintiffs are: Alhaji Ademola Yusuf, Adebayo Jimoh and Prince Haliru D. Mahmud.

    Joined in the suit are: the New PDP (first defendant), Senator Bukola Saraki (second defendant), the Inspector-General of Police (IGP), the Director-General of the Department of Security Services (DSS) and the 15 chairmanship candidates.

    In their originating summons supporting the 18-paragraph affidavit, the plaintiffs’ counsel, Abubakar Othman, accused the PDP, Saraki and the state chairman of the PDP, Alhaji Ishola Balogun-Fulani (third defendant) of depriving his clients “the opportunity to exercise their right to contest for the primary election qualifying them to stand for election for the chairmen of the various local government areas”.

    Othman said: “In the circumstances of this case, KWSIEC can proceed to conduct the forthcoming local government election, fixed for October 26, or any other date, with the fourth to 18th defendants as the chairmanship candidates.”

  • Family sues Italian

    The Alakija family in Lagos has filed a suit against an Italian, Stephano Onnis, at a Federal High Court sitting in Lagos for allegedly defrauding a Nigerian firm, Dys Trocca Valsesia (DTV) & Company Limited.

    The plaintiffs – Olawole Alakija and Mrs. Dora Alakija – who are DTV’s major shareholders, alleged that after the expiration of the appointment of Onnis as the acting managing director, he continued to illegally occupy the position.

    Guido Giachetti, Ernest Aisuebeogun, Anthony Kalu, Deloitee Corporate Services Limited and Corporate Affairs Commission (CAC) are the other defendants.

    In the supporting affidavit, the family alleged that Onnis, while acting as the sole Director of DTV without owning a single share, purportedly reconstituted the Board of Directors of the company and appointed other persons as Directors without following the procedure laid down in DTV’s Articles of Association and in the Companies and Allied Matters Act (CAMA).

    The plaintiffs averred that the defendants (apart from CAC) have been illegally expending the funds of the company on businesses not in line with its core business.

    They are seeking an order setting aside all actions taken by Onnis and other purported Directors so far and another order restraining them from further parading themselves as Directors of the company.

    Also, DTV’s Deputy Managing Director, Mr. Adetokunbo Alakija, has petitioned Lagos State Chief Judge Justice Ayotunde Philips on the alleged abuse of judicial powers by a Chief Magistrate.

    Alakija, in the petition through his lawyer, Deji Sasegbon (SAN), wants Justice Philips to investigate the circumstances leading to how the Magistrate struck out a criminal charge brought before her.

    Onnis and Monta were charged in a criminal matter for making false statements to the police.

  • FRSC sues 10 transporters

    The Federal Road Safety Commission (FRSC) yesterday sued 10 transport companies at an Oredo Magistrate’s Court in Benin City for failing to comply with requirements of the Road Transport Safety Standardisation Scheme(RTSSS).

    The companies are Muyi line, Agbonifo line, Crystal line, Oghogho Express, Afemai line, Rod motors, Genesis motors, Comfort line, Osa’s motors and Unity motors.

    The transport companies allegedly failed to comply with the seven-day notice given before commencement of legal action served on them by FRSC on March 12.

    Afemai Motors, Benin branch manager Saliu Umoru and General Manager of Genesis Motors Henry Isibor pleaded not liable to the offence.

    They said they were not served any notice until Wednesday.

    The Magistrate, Nosa Igbenosa, directed that the court processes be served on the defendants and adjourned hearing till July 3.

  • Rape: Woman sues police for N750m

    A housewife, Mrs Esse Isaiah Ozegbe, who was reportedly raped inside a cell at the Abraka Police Station in Delta State, has sued the police, seeking N750m damages.

    Mrs Esse was arrested on February 26 over a quarrel she had with a neighbour and was detained in a cell among men. Two of the men allegedly raped her while the policemen on duty did nothing.

    Mrs Esse, through her counsel, Efe Ejomafuvwe, instituted the suit at the Federal High Court in Warri, Delta State. Hearing in the case has been fixed for June 13.

    The alleged rapists are facing trial at an Abraka Magistrates Court. The cell guard on duty has been dismissed from the police.

    Sources at the office of the Assistant Inspector-General of Police, Zone 5, Benin, said the cell guard was dismissed after an orderly room trial.

    The source said a Police Inspector, Mrs Erebi Akporunor, was also demoted to Sergeant over the rape saga.

  • Firm sues OAU for ‘contempt’

    A construction firm, Inaolaji Builders Limited, has sued the Obafemi Awolowo University, Ile-Ife; its Vice-Chancellor, Prof. Bamitale Omole and the Registrar, Mr. A. O. Ogunruku, for alleged contempt of court.

    The case is before a Federal High Court in Osogbo, the Osun State capital.

    The firm sued the defendants for failing to obey a court injunction restraining the university from employing another contractor to complete the Estate Management Building, which was awarded to it.

    Justice Babs Kuewumi granted the restraining order on January 29.

    On Tuesday, the plaintiff filed a notice of consequence of disobedience against the VC and the registrar.

    It said despite the court order, construction was going on at the project site.

    At the resumed hearing yesterday, Justice Kuewumi ordered the arrest of anyone found working on the site.

    Defence counsel Yinka Agboola insisted that his clients had been complying with the order.

    It was learnt that the management of the institution awarded the contract for the Estate Management Building to the plaintiff in 1982.

    It later told the firm to vacate the site, saying it had no funds, only to re-award the contract to another firm.

    The judge adjourned the hearing till March 21.

  • Maina sues Mark, IG over bench warrant

    The Chairman, Pension Reform Task Team (PRTT), Abdulrasheed Maina has sued Senate President David Mark; the Inspector General of Police (IGP), Muhammed Abubakar and others for issuing bench warrant against him.

    Others are the senate, the clerk of the Senate, the Senate Committee on Establishment and Public Service and its chairman, Senator Aloysius Etok; and the Senate Committee on State and Local Government Administration and its chairman, Senator Kabiru Gaya.

    In the suit before the Federal High Court, Abuja, Maina is seeking an order setting aside the warrant of arrest issued by the IG against him on Febraury 2, following a resolution by the Senate.

    He wants the court to quash the purported report of the Senate Committee’s resolutions that led to the bench warrant.

    According to him, the action violated his fundamental right as guaranteed under Section 35(1) of the 1999 Constitution.

    Maina is praying the court to restrain the Senate from interfering with his official duties and from inviting him having completed and submitted their report without giving him fair hearing.

    He is also asking for N100 billion as exemplary damages and N500,000 as general damages.

  • $3m bribery scam: Otedola sues Tambuwal, Lawan, two others for N250b

    $3m bribery scam: Otedola sues Tambuwal, Lawan, two others for N250b

    A businessman, Mr. Femi Otedola and his company, Zenon Petroleum and Gas Limited have sued House of Representatives Speaker Aminu Tambuwal and the suspended Chairman of the House Committee on Fuel Subsidy Regime, Farouk Lawan, for N250billion.

    Also joined in the suit filed in the High Court of the Federal Capital Territory are the Clerk of the National Assembly and the National Assembly.

    The two plaintiffs also vowed to expose how a $3million bribe was demanded from them by the first defendant, Farouk Lawan.

    In the court papers obtained by our correspondent, Otedola and his company gave details on the bribery saga between them and Lawan.

    The plaintiffs claim against the defendants jointly and severally as follows:

    The sum of N100billion as general damages for the alleged acts of intimidation, loss of goodwill and patronage occasioned by the acts of the defendants.

    The sum of N150billion as exemplary damages for their oppressive and arbitrary action

    In the statement of claim filed by Babajide Koku(SAN) and seven others who are the counsel to Otedola and Zenon Oil, the plaintiffs said they shall “at the trial rely on all call logs, audio-visual records of conversations and/ or meetings held with the first defendant (Lawan) in proof of the case.”

    They also gave an in-depth insight into how the bribery deal was struck.

    The statement of claim reads in part: “The Ad Hoc Committee set up by the 2nd and 3rd defendants contacted the second plaintiff(Otedola) and informed him that the first plaintiff(Zenon) was going to be indicted by the Ad Hoc Committee for purchasing foreign exchange from the Central Bank of Nigeria (CBN) without importing petroleum products unless the plaintiff parted with a bribe of US$3million.

    “The Second Plaintiff(Otedola) took pains to explain to Lawan that there was no basis for any such demand as it was not possible to purchase foreign exchange from the CBN through reputable first class banks without importing products.

    “The second plaintiff(Otedola) called Lawan’s bluff. To the consternation of the plaintiffs, the first defendant(Lawan) persisted in making calls to the second plaintiff(Otedola) threatening to include the name of Zenon Petroleum and Gas in the Report of the Ad Hoc Committee which was about to be laid before the third defendant(The Clerk of the National Assembly). With findings and recommendations grossly adverse to the interest and corporate image of Zenon Petroleum and Gas unless Lawan’s demand for payment was made.

    “Lawan continued to make harassing phone calls to Otedola calculated at intimidating the plaintiffs to meet the unlawful demand of the first defendant(Lawan) for bribe.

    “Otedola, faced with Lawan’s unrelenting barrage of intimidating calls became distressed and contacted the security agencies to report Lawan’s unlawful conduct.

    “The plaintiffs were advised by the security agencies to play along and handover marked notes to the first defendant(Lawan) and his cohorts for the purpose of gathering evidence of their nefarious activities.

    “On the 18th of April, 2012, Lawan presented and/or laid the report of the Ad Hoc before the 3rd defendant(the Clerk of the National Assembly) indicting the first plaintiff(Zenon Petroleum and Gas).”

    Otedola explained how the bribe was offered to Lawan and the Secretary of the Ad Hoc Committee, Mr. Boniface Emenalo.

    The statement added: “Notwithstanding, Lawan kept harassing the plaintiffs, promising them that he could get the 3rd defendant to delist Zenon Petroleum and Gas name from the report if the US$3million bribe was paid to him by the plaintiffs.

    “The plaintiffs, on the advice of security agencies, handed over marked notes totalling US$620,000 to Lawan and the Secretary of the Ad Hoc Committee, Mr. Boniface Emenalo in the following manner:

    “On the 24th April 2012, US$500,000 was handed over to Lawan by Otedola.

    “At the request of Lawan, US$120,000 was handed over to Boniface Emenalo by Otedola.

    “On the morning of the 24th April 2012, Lawan at the plenary session of the House of Representatives moved the House to delist Zenon Petroleum and Gas from the list of indicted companies which request was granted.

    “After the 24th of April, 2012, Lawan persisted in making intimidating phone calls to the plaintiffs, harassing them to pay up the balance of US$2, 380,000.

    “As a result of the distress caused to the plaintiffs by Lawan’s persistent calls, the plaintiffs reported the matter to the police which invited Lawan and the plaintiffs for investigations.

    “Notwithstanding the ongoing police investigations and Lawan’s admission of receiving money from Otedola, the 2nd(Speaker) and the 4th (National Assembly) conspired to re-list the name of Zenon Petroleum and Gas to the list of indicted companies to embarrass the plaintiffs and their corporate and business image.

    “The plaintiffs shall contend at trial that the conspiracy by the Speaker and the National Assembly to re-list the name of Zenon Petroleum and Gas indicted by the Ad Hoc Committee is without basis, given that the committee’s finding was arrived at without proper verification of documents submitted by the plaintiffs to aid their enquiry.

    “The plaintiffs further aver that the action and conduct of the defendants were oppressive and arbitrary and thereby also resulting to their suffering substantial loss to their reputation, goodwill and business.”

    Tambuwal filed an objection through Mr. Kehinde Ogunuwuniju from the chamber of Chief Afe Babalola, stating that it is only the Federal High Court that can adjudicate over such matter.

    Justice Peter Kekemeke of the Abuja high Court however adjourned the case till November 23.

  • ACN candidate sues newspaper for alleged defamation

    ACN candidate sues newspaper for alleged defamation

    The Ondo State Action Congress of Nigeria (ACN) governorship candidate, Mr Oluwarotimi Akeredolu (SAN), yesterday sued the state-owned Owena Press, publishers of The Hope, for alleged libel.

    The newspaper had carried a report alleging that the former Nigerian Bar Association (NBA) President committed fraud during the military administration of the late Mike Onyearugbulem.

    The report, which was published on the front page of the paper yesterday, said Akeredolu, the Attorney-General and Commissioner for Justice in the late Onyearugbulem administration, was indicted for N9.2 million fraud by the Justice Rasheed O. Fawehinmi-led judicial probe.

    The local newspaper also said the ACN standard bearer had been banned from holding any public office for 25 years.

    But in a statement in Akure, the state capital, the Akeredolu Campaign Organisation (ACO) said the frontline lawyer had challenged the report of the probe panel in a suit filed at the State High Court, Akure.

    The matter was presided over by Justice P.I. Odunwo of the same court.

    ACO said Akeredolu opted to settle the matter out of court, following apologies by the late Adebayo Adefarati administration, as agreed upon on December 10, 2002.

    A statement in Akure by ACO spokesman, Mr. Idowu Ajanaku, described the allegation as fruitless, fallacious and of no effects.

    The statement noted that the latest antics of the ruling Labour Party (LP) administration, led by Governor Olusegun Mimiko, to misinform the people of Ondo State about the credibility of its candidate, would fail.

    The statement reads: “Among other things sought by Mr. Akeredolu in the suit, after the Ondo State Government and its team of lawyers had decided to settle out of court, following apologies by the late Adebayo Adefarati-led government, as agreed upon on December 10, 2002, were that the proceeding of the judicial commission, as it affects the applicant, is hereby set aside.

    “That the decision of the Ondo State Government on the findings of the Judicial Commission, as it affects the applicant, is also hereby set aside. That the applicant will withdraw the action in the suit, which he instituted against the first to the fifth respondents, for libel. Those parties shall bear their respective costs.

    “That counsel to the parties shall execute the terms of settlement, which shall form the judgment of the court in consolidated suits…

    “Thus, following the consolidation of the two suits filed in respect of the case and non-opposition to the term of agreements by both parties, Justice Odunwo granted the prayers of the plaintiff/ applicant, Mr. Rotimi Akeredolu.

    “Justice Odunwo had said: ‘In view of the fact that the two suits …have been settled amicably out of court by the parties, on the basis of the terms of settlement filed on December 10, 2002 and on the application of Mr. O. O. Akeredolu (SAN), which application is not objected by Mr. Daniel Onukun, the terms of settlement in respect of the two matters stated above are hereby made the judgment of this honourable court.’

    “The certified true copy of the judgment of the case was dated December 10, 2002 and signed by Justice P.I. Odunwo and E.A. Orimoloye, the Principal Registrar of the court.

    “For us in ACO, the latest antics of Mimiko are those of a desperate man knowing well that his days in the Government House at Alagbaka are numbered. Why does Mimiko now embark on frivolous methods to stop Akeredolu, when he claimed that he was no match for him?

    “It is even more laughable that a governor, who has been power in the last three and a half years and a former minister for that matter, does not know that a Board of Enquiry has no legal backing to ban anybody from seeking a public office.

    “ACO wishes to educate him with the case of Atiku Abubakar vs the Independent National Electoral Commission (INEC) in 2007, in relation to the Petroleum Trust Development Fund (PTDF). In it, the Supreme Court gave a final judgment that boards of enquiry have no such powers.

    “It would also interest Mimiko and his co-travellers to know that even if the law court indicts somebody, it would only last for 10 years. The event in question, which is even false, took place in 1999, which is about 13 years ago.

    “In fact, the fear of Akeredolu has become the beginning of wisdom for Mimiko, as the ACN confidence has been boosted with various frivolous allegations. Akeredolu has since promised to submit himself to the Economic and Financial Crimes Commission (EFCC) and security agents for probe.”

    ACO maintained that no amount of these antics will save Mimiko and his LP from being voted out on October 20 as he has been rejected by the people of the State for his poor performance.