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Tag: Wole Olanipekun

  • EFCC re-arraigns ex-Intercontinental Bank MD on money laundering

    The Economic and Financial Crimes Commission (EFCC) on Wednesday re-arraigned a  former Managing Director of the defunct Intercontinental Bank PLC, Erastus Akingbola in a Federal High Court in Lagos, for alleged Money Laundering charges.

    He is charged by the EFCC with amended 22 count charge bordering on the offence.

    He had pleaded not guilty to the charges.

    The prosecution had opened its case and its second witness, Mr Abdulraheem Jimoh is still been led in evidence.

    When the case was called on Wednesday, the prosecutor Mr Rotimi Jacobs (SAN) informed the court of an amended charge filed by prosecution.

    He urged the court to accept the charge and cause the plea of the defendant to be taken afresh.

    Akingbola was re-arraigned on the charge written Further Amended Charge, and marked FHC/L/443C/2009.

    In the charge, he was alleged to have between November 2007 and July 2008, while being the MD of Intercontinental Bank, caused to be created a misleading appearance of active trading in the shares of the bank in the Nigerian Stock Exchange (NSE).

    Read Also: EFCC arrests 24 for internet fraud, one for vote buying

    He was alleged to have been connected with the utilization of an aggregate sum of N179.4 billion of the bank’s fund, for the purchase of the bank’s shares, thereby inflating the rate of the bank’s shares on the NSE.

    He pleaded not guilty to the charges, on his re-arraignment, and after his plea was taken, trial continued.

    The witness an Investigator, who had earlier given evidence before the court, was cross examined by defence counsel, Chief Wole Olanipekun (SAN).

    When asked by defence if he recalls that in his statement before an Ikeja High Court he had testified writing the statement at the EFCC office, the witness replied “I can’t recall”

    The Court has adjourned until March 14 for continuation of trial.

    In the charge, the defendant was also accused of converting an aggregate sum of 1.3 million dollars and 8.5 million dollars, which sum was taken from the bank’s GBP NOSTRO account at Deutsche Bank in London.

    The sum was said to have been remitted into the account of Fuglers Solicitors with the Royal Bank of Scotland in London, to purchase property in the name of Life Boat Settlement Trust, set up by the defendant.

    According to the prosecution, the defendant knew that the sums represented proceeds of crime which includes stealing.

    The offences contravene the provisions of sections 105(1) and 105(a), of the Investment and Securities Act, 2007.

    It also contravenes the provisions of sections 13 (1), 15(1)(a), and 28(3) of the Banks and Other Financial Institutions Act, Cap B3, Laws of the Federation 2004.

    The offence also contravene the provisions of sections 14(1) of the Money Laundering Prohibition Act, 2004

    NAN

     

  • Updated: Acting CJN leads panel at Supreme Court sitting

    *CCT yet to sit at 11am
    *Attendance at CCT shrinks

     

    The Supreme Court resumed normal duties today without signs betraying an immediate change in its leadership
    The court opened for business at its usual time on Monday, while the court’s digital cause list was switched on at a little after 8 am, displaying the about 11 cases scheduled for hearing for the day.

    At exactly 9.13am, proceedings commenced in Court One of the Supreme Court, when a five-man panel, led by the acting Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad began sitting.

    The panel, which included Justices Mary Peter-Odili, Amiru Sanusi, Kudirat Kekere-Ekun and Paul Galinje were hearing cases as at when The Nation left the courtroom at 10am.

    The number of people at the Code of Conduct Tribunal (CCT) was unusually low.

    The situation today provided a variant to the usual situation at the tribunal’s sitting venue since the tribunal commenced sitting in the case against the suspended CJN, Justice Walter Onnoghen on January 14, 2019.

    Read Also; Supreme Court refuses to hear 14 pre-election cases

    Today major lawyers for the CJN, like Wole Olanipekun (SAN) and Adegboyega Awomolo (SAN), and Aliyu Umar (SAN) for the prosecution were not present as at 11 am, a departure from the situation before now.

    The volume of vehicles parked within and around the tribunal’s sitting venue was reduced, leaving vacant space mostly occupied before today.

    Meanwhile, the Ekiti State governorship election petition tribunal has started the delivery of judgment in the petition by the People’s Democratic Party (PDP) and its candidate against the Independent National Electoral Commission (INEC), All Progressives Congress (APC) and its candidate ‎in the last governorship election in Ekiti State.

    Details later.

  • Breaking: CJN’s trial: CCT adjourns hearing till Monday

    The Code of Conduct Tribunal ( CCT ) has adjourned to January 28 for the hearing of the motion by the Chief Justice of Nigeria (CJN) challenging its jurisdiction to hear the non-disclosure of assets charge filed against him by the Federal Government.

    The tribunal, though had elected, in a ruling delivered a moment ago, to continue to conduct proceedings in the case, it, however, chose to adjourn when lawyer to the CJN, Wole Olanipekun said he needed time to reply to a motion served on him on Tuesday by the prosecution.

    Read Also: CCT rejects CJN’s request for indefinite adjournment

    The tribunal then adjourned to enable Olamipekun respond and said it would hear the CJN’s motion at the next adjourned date.

  • CJN shuns CCT, queries its jurisdiction

    The Chief Justice of Nigeria ( CJN ), Justice Walter Onnoghen did not attend today’s proceedings at the Code of Conduct Tribunal (CCT), scheduled for his arraignment on charges of non-declaration of assets.

    Wole Olanipekun (SAN), who led a team of lawyers for the CJN, said he was not properly served with the tribunal’s summons.

    He also said his client has filed an application, challenging the court’s jurisdiction. He asked that the application be taken without the CJN’s presence.

    Aliyu Umar (SAN), who appeared for the complainant, argued that the information by the tribunal’s registrar that the CJN directed his Personal Assistant to accept the summons on his behalf was sufficient.

    Read Also: Arraignment of CJN stalls judicial activities at FCT High court

    He, however, later suggested that the tribunal direct that a fresh service of the summons be effected personally on the CJN, a suggestion accepted by all.

    Tribunal’s Chairman, Danladi Umar ordered fresh service on the CJN and adjourned to January 22 for the hearing of al pending applications.

     

    Details later.

  • $8.1bn reparation: Judge gives MTN, CBN more time to settle

    A Federal High Court in Lagos, on Wednesday granted MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN) till January 22, for a report of settlement talks in their $8.1bn reparation dispute.

    Justice Saliu Saidu adjourned till January 22, after parties prayed for more time to forge a deal.

    At the last hearing of the suit on December 4, the parties told the judge that they were exploring an out of court agreement following which the suit was adjourned for report of settlement.

    At the commencement of proceedings on Wednesday, Chief Wole Olanipekun (SAN) for MTN, Mr Seyi Sowemimo (SAN) for CBN, and Mrs Oluwakemi Kanbu, for the Attorney-General of the Federation (AGF) confirmed that a deal had yet to be reached.

    MTN initiated the suit against CBN and the Federal Government.

    Olanipekun said: “We were before this court on December 4, and told the court that parties were talking settlement. My Lord, the discussion is still ongoing and progressing.

    Read Also: MTN delivers solutions to NNPC

    “As a result of this, we seek further indulgence for a date in January, so we can inform your lordship on further developments. We are very much obliged,’’ he said

    Sowemimo confirmed Olanipekun’s submission.

    He said: “I confirm that we are still making moves for out of court settlement, and we will be available on January 22, 2019, subject to the court’s convenience.’’

    Kanbu aligned with both submissions.

    Following the development and based on agreement of parties, the court consequently adjourned until Jan. 22, 2019, for a report of settlement.

    MTN filed the suit, seeking an injunction to restrain the CBN and AGF from taking further actions to reclaim the alleged debts.

    The firm wants the court to hold that CBN lacks power to determine its civil obligations or penal liabilities.

    It is seeking a declaration that the CBN acted outside its statutory powers when it wrote a letter to it on August18, demanding a refund of $8.1bn.

    It wants the court to hold that the demand was illegal, oppressive, abusive, unauthorized and unconstitutional.

    On its part, CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return $8.1bn to its coffers.

    Meanwhile, MTN filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    MTN queries these assessments.

    Justice Aneke has fixed February 7, 2019 for hearing of all pending applications in this suit.

  • Court adjourns NBA President’s arraignment till December 18

    A Federal High Court in Lagos has adjourned till December 18, for the arraignment of the President of the Nigerian Bar Association, Mr Paul Usoro (SAN), for an alleged N1.4billion fraud.

    Justice Muslim Hassan fixed the date to enable the Economic and Financial Crimes Commission (EFCC) serve Usoro with the charge sheet for the alleged offences.

    Usoro, who appeared in court in person with a retinue of senior lawyers, had urged the judge through his lead counsel, Chief Wole Olanipekun SAN, to direct the EFCC to serve him in court.

    But this was resisted by EFCC counsel, Mr Rotimi Oyedepo.

    The anti-graft agency, in a charge marked FHC/418c/18, alleged that Usoro, from Akwa Ibom, converted and laundered the money in connivance with his state Governor, Udom Emmanuel.

    The charge sheet, signed by EFCC Counsel, Mr Rotimi Oyedepo, did not list Emmanuel as a defendant.

    The EFCC indicated that he is “currently constitutionally immuned against criminal prosecution”.

    It did, however, mention four other defendants.

    They are: Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large.

    The commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of this honourable court”.

    The anti-graft agency claimed that the N1.4bn belonged to the Akwa Ibom State Government.

    According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.

     

  • $10.1bn repatriation: Court fixes Dec. 12 for report of settlement in MTN vs CBN case

    A Federal High Court in Lagos on Tuesday, fixed December 12, for report of settlement in a $10.1 billion or $8.1bn reparation dispute between MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN).

    Justice Saliu Saidu fixed the date following commencement of settlement talks by the parties.

    The Nation learnt that the parties are in disagreement over whether the sum involved in the suit is $10.1billion or $8.1bn.

    MTN’s counsel in the suit is Chief Wole Olanipekun (SAN), who, at the commencement of proceedings, appeared alongside four other senior lawyers.

    Mr Seyi Sowemimo (SAN) appeared for CBN, while Mr T.D Agbe, Senior State Counsel from the Federal Ministry of Justice, appeared for the Attorney-General of the Federation (AGF).

    Olanipekun told the judge that although the matter today was slated for hearing of pending applications, “we owe the court a duty to inform it that parties are engaged in talks.

    “Counsel have conferred, and in view of this, we are asking for a short date for report,”

    Sowemimo confirmed Olanipekun’s view.

    He added: “We have reached an advanced stage towards settlement, and it remains to cross the Ts and dot the Is; it is just for report of settlement.”

    Upholding their prayers, Justice Saidu adjourned till December 12 for a report of settlement.

    MTN filed the suit, seeking an injunction to restrain the CBN and AGF from taking further actions to reclaim the sum, alleged debt.

    The firm wants the court to hold that the CBN lacks power to determine its civil obligations or penal liabilities.

    Read Also: Alleged graft: Court grants EFCC leave to arraign Diezani

    It is urging the court to declare that the CBN acted outside its statutory powers when it wrote a letter to it on August 18, demanding a refund of 8.1 billion dollars.

    It wants the court to hold that the demand was illegal, oppressive, abusive, unauthorised and unconstitutional.

    On its part. CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return 8.1 billion dollars to its coffers.

    Meanwhile, MTN has filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    MTN queries these assessments.

    Justice Aneke has fixed February 7, 2019 for hearing of all pending applications in this suit.

  • And Wole Olanipekun, SAN issues a rebuttal

    AS we were about to put this column to bed, an early morning call came from legal luminary and redoubtable advocate, Chief Wole Olanipekun, SAN.  Wole is an old friend and former comrade in arms of this columnist at the student union barricades against military dictatorship in the early seventies. He was a dynamic and thorough secretary of the UNILAG Students Union. Wole was particularly irked by a release making the round which he said was a clumsily glued together rehash of old lectures and interviews laced with malignant fiction from the authors’ imagination for the purpose of mischief and malice. According to the senior advocate, he has never commented on President Buhari’s speech and the language of the release was too unrestrained, too unrefined and uncivilized to be associated with him. When he was asked to issue a rejoinder, Wole demurred, saying that he had already issued too many rejoinders to fake news in recent times.

  • Agbakoba endorses ex-Law School chief for NBA presidency

    A former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN) has endorsed a former Nigerian Law School Deputy Director-General Prof Ernest Ojukwu (SAN) for the association’s presidency.

    Agbakoba said in a statement: “It is clear to me from the list of contestants that Prof Ojukwu is the most qualified. Ernest worked closely with me on many thematic subjects of reform when I was NBA president. He was extremely resourceful.

    “I also know he immensely contributed to the success of past presidents such as Chief Okpoko (SAN), OCJ Okocha (SAN), Chief Wole Olanipekun (SAN), Bayo Ojo (SAN), Prince Lanke Odogiyan, Oluwarotimi Akeredolu (SAN) etc.

    “He has clear vision and understanding of the workings of the Bar and the legal profession at the highest level. NBA needs Prof. Ojukwu’s leadership experience, integrity, sincerity, and courage.

    Read Also: Agbakoba seeks promotion of reading culture

    “I believe that the Bar needs a President who can stand as did Thomas Erskine, in England, and declare bravely that: ‘I will at all hazard, protect the independence’ of the Nigerian Bar and the legal profession.

    “We need a man of courage and conviction who has a full grasp of issues not just of the Bar, but also of our nation and will be able to speak out with courage, conviction and candour. I have read the manifestos of all the candidates. Prof Ojukwu’s is inspiring. I endorse him.”

  • Olanipekun, Ubani, others back electronic voting in 2019

    A former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), on Wednesday urged the National Assembly to revisit the adoption of electronic voting for the 2019 general elections.

    He said the combination of card readers and electronic voting would result in credible electoral process.

    A former General Secretary of NBA, Pastor Dele Adesina, Mr. Lawal Pedro and NBA Vice President, Monday Ubani, adopted Olanipekun’s views.

    They spoke at the 2018 Annual Lecture of the Ikeja branch of the National Association of Judiciary Correspondents (NAJUC).

    The theme of the lecture was: “The Role of Judiciary, Media in the 2019 Election.”

    The Chief Judge of Lagos State, Justice Opeyemi Oke, the state Attorney-General and Commissioner for Justice, Kazeem Adeniji and the Resident Electoral Commissioner in the state, Mr. Sam Olumekun, were also at the forum.

    The House of Representatives had on May 31 rejected electronic voting for the 2019 polls while considering the Electoral Act (Amendment) Bill, 2018, the long title of which is, “A bill for an Act to amend the provisions of the Electoral Act, No. 6, 2010 to further improve the electoral process and for related matters.”

    But Olanipekun, keynote speaker at the event, suggested that electronic voting would be an improvement on the card reader system introduced by the Prof. Attahiru Jega led Independent National Electoral Commission (INEC) in 2015.

    He said: “Even with the deployment of the card reader in 2015, a lot of electoral malpractices were still identified. The least that Nigerians expect from INEC for the 2019 general elections is the deployment and use of electronic device, which would ensure substantial rig-proof elections.

    “The combination of the use and activation of the card reader and electronic device will assure and reassure Nigerians that INEC is indeed and in fact, prepared for a free and fair election. INEC should not enter any caveat or give any alibi for not being able to deploy the electronic device, which is now in use almost worldwide.”

    Justice Oke, who was represented by Justice Josephine Oyefeso, charged journalists to ensure fair and unbiased coverage of the polls as well as judicial events in order not to heat up the polity.

    She said: “The media acts as a watchdog with a duty to provide unbiased, fair and informative coverage of the 2019 elections.

    “In the last election, it played a vital role as a watchdog in the process of electioneering.”