TheNewsGuru

Tag: Appeal Court

  • JUST IN: Appeal Court bans EFCC from investigating serving judges

    The Lagos Division of the Court of Appeal has ruled that the Economic and Financial Crimes Commission (EFCC) does not have powers to investigate or prosecute serving judicial officers except where such officers have been dismissed by the National Judicial Council.

    The judgment was delivered in a suit between the EFCC and a judge of the Federal High Court, Hydiazira Nganjiwa.

    The appellate court’s decision overturned the earlier decision of a high court in Lagos.

    Many serving judges including from the Supreme Court are currently being prosecuted for corruption by the EFCC.

    Details later…

  • Tompolo: Appeal Court backs seizure of properties by EFCC

    The Court of Appeal sitting in Lagos on Thursday dismissed an appeal filed by Government Ekpemupolo, alias Tompolo, seeking to set aside the decision of the Federal High Court, Lagos which empowered the EFCC to seize all the properties belonging to the ex-militant.

    Justice I. N. Buba of the Federal High Court, Lagos, had on February 19, 2016 made an order seizing Tompolo’s properties for failure to appear to answer the charges against him.

    The Economic and Financial Crimes Commission had on December 15, 2015 instituted a criminal charge against Tompolo and nine others over allegations of fraud at Nigerian Maritime Administration and Safety Agency, NIMASA.

    However, despite substituted service of the court summons effected on him, Tompolo refused to appear in court. Consequently, Justice Buba issued a warrant of arrest against him. Armed with the warrant of arrest, the commission launched a manhunt for him, but could not effect his arrest.

    On February 19, 2016, the EFCC, through its counsel, Festus Keyamo, prayed the court for an order attaching the properties of Tompolo by seizure, pending his arrest and/or appearance before the court. The court granted the commission’s request prompting Tompolo to appeal against the decision.

    However, in a unanimous judgment on Thursday, the Court of Appeal held that Tompolo cannot be heard complaining that his properties are attached by the Court below, when he has not come to answer to the summons against him.

    The court held that the option available to Tompolo is to appear before the Federal High Court to apply for the order to be discharged, instead of filing the appeal.

    The Court of Appeal was of the view that his private right of property has not been breached by the said order.

  • JUST IN: Appeal Court orders DSS to produce Dasuki in court

    JUST IN: Appeal Court orders DSS to produce Dasuki in court

    The Court of Appeal in Abuja on Friday ordered the Department of State Service, DSS, to produce the detained former National Security Adviser, Col. Sambo Dasuki (retd), before a Federal High Court in Abuja to enable him to testify in defence of a former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh.

    In a unanimous judgement delivered by its three-man panel, the Court of Appeal also ordered the trial judge, Justice Okon Abang, of the Federal High Court, Abuja before whom Metuh is being prosecuted to immediately sign the subpoena filed by the ex-PDP spokesperson.

    Justice Peter Ige, who prepared and read the lead judgement of the appellate court, directed Justice Abang to indicate the date which the DSS must produce Dasuki in court and other subsequent dates.

    It upheld Metuh’s appeal and nullified the ruling delivered by Justice Abang on February 23, 2017, when the judge refused to grant Metuh’s application for a subpoena to be issued and served on Dasuki.

  • JUST IN: Appeal Court upholds sack of Senator Sekibo, affirms Abe’s election

    The Court of Appeal in Abuja has upheld the sack of Senator George Thompson Sekibo of the People’s Democratic Party (PDP), representing Rivers East Senatorial District in the Senate.

    TheNewsGuru.com reports that in a unanimous judgment on Thursday, a three-man of the appellate court, dismissed Sekibo’s appeal, upheld the decision of the election tribunal, which earlier sacked the Senator and ordered that he be replaced by Andrew Uchendu of the All Progressives Congress (APC).

    In another judgement, the same panel of the Court of Appeal upheld the election of APC’s Magnus Abe as Senator representing Rivers South-East Senatorial District.

    The court affirmed the judgment of the legislative election tribunal delivered on June 27, 2017 and dismissed the appeal by Olaka Nwogu of the People’s Democratic Party (PDP), on the grounds that it was without merit.

     

    Details later…

  • Appeal panel upholds NCAA’s N33.5 million sanctions on FirstNation, pilot

    A five-member appeal panel has upheld and reaffirmed the N33.5 million sanctions imposed on FirstNation Airways and one of its pilots by the Nigerian Civil Aviation Authority, NCAA.

    The General Manager, Public Relations, NCAA, Sam Adurogboye, confirmed the development in a statement issued on Sunday in Lagos.

    Mr. Adurogboye said the panel had concluded its sitting and submitted its report to the regulatory authority.

    He said FirstNation Airways had earlier filed an appeal following a Letter of Sanction written to the airline on January 23.

    “It will be recalled that violations were detected during a ramp inspection on the airline’s aircraft, Airbus A319 with registration mark 5N-FNE, on Nov. 8, 2016, at the Nnamdi Azikiwe International Airport (NAIA), Abuja.

    “After the exercise, it was discovered that the Pilot-in-Command (PIC) was not in possession of a current medical certificate.

    “In addition, the airline similarly rostered the pilot to carry out operational flights when obviously his medical certificate had expired.

    “Therefore, the airline and the pilot violated Parts 8.4.1.5 (a), 8.14.1.2 (1), 8.14.9.4 (a) (1) and 8.2.1.8(a) (24) of the Nigeria Civil Aviation Regulations (Nig.CARs) 2015.

    “Consequently, in accordance with IS 1.3.3. (1) (14) of the Nig.CARs, 2015, the airline and pilot were fined N32 million and N1.5 million being moderate civil penalty for the violation,’’ Mr. Adurogboye said.

    According to him, the airline, however, swiftly filed an appeal to the NCAA in disagreement with the reported violations and sanctions.

    He said the regulatory authority in its responsiveness and quest to be just and fair to all, constituted an appeal committee to hear the airline’s appeal.

    Mr. Adurogboye said the five-member appeal panel had three airline operators, a private legal luminary and NCAA officials as observers.

    He added that FirstNation Airways was represented by four lawyers, the pilot and three management staff.

    Mr. Adurogboye said: “After four days of sitting, submissions and deliberations, the panel upheld and reiterated the applicable sanctions meted out to the airline and its pilot.

    “It arrived at the following conclusions in agreement with the NCAA findings prelude to the application of sanctions.

    “The ATRL 1874 License of the Pilot in Command of FirstNation Airways had expired on the Nov. 2, 2016. The PIC was not in possession of the license during the ramp inspection on Nov. 8, 2016.

    “The PIC did not have a valid license and was not properly certified from Nov. 2 to Nov.8, 2016.The PIC operated 15 flights and the airline rostered the PIC 16 times.

    “The PIC operated with expired license from Nov. 2 to Nov. 8, 2016 and there were indications that the airline knew the PIC did not have a valid license.”

    He said this was a very serious safety issue, therefore, the moderate sanctions applied by the NCAA were reasonable under the circumstances.

    Mr. Adurogboye said the PIC’s argument that he had a valid license when he operated the flights was incorrect, as he had no valid Medical Certificate.

    He said the PIC had 14 days according to NCARs to apply before the expiration of the license but however did not apply until November 3, 2016, after expiration.

    Mr. Adurogboye said: “the invoice was issued by NCAA on Nov. 3, 2016.

    “The pilot did not do the Cardiac Risk Assessment (CRA) test mandatory for his 62 years age even after he was informed by NCAA the Authorised Aviation Medical Examiner (AAME).

    “He did the medical assessment eventually. The CRA report was dated Nov. 7, 2016 and was sent to the NCAA on Nov. 8, 2016.

    “Therefore, the accusation of delay and inefficiency by the authority is wrong and unfounded. The PIC and the airline did not follow laid down procedure.

    “NCAA received the medical report same day, reviewed it and issued the Medical Certificate same day on Nov. 8, 2016.’’

    He said the panel consequently dismissed all grounds of the appeal and upheld the NCAAs Letters of Sanctions.

    Mr. Adurogboye said the NCAA would continue to provide level playing field to all airline operators.

    “However, failure to adhere to safety regulations shall attract applicable sanctions,’’ he said.

    NAN

     

  • Appeal Court frees ex-Adamawa governor, Ngilari

    An Appeal Court sitting in Yola, Adamawa State, on Wednesday acquitted former Adamawa governor, Bala Ngilari.

    The Appeal Court set aside the ruling of the ‎state High Court which had earlier sentenced Ngilari to five years imprisonment.

    Justice Ambrose Mamadi had convicted Ngilari of violating due process in procurement of 25 units of vehicles during his tenure as governor.

    Recall that a High Court in Yola, Adamawa State, ha d convicted Ngilari, for failing to adhere to the procurement laws of the state.

    Justice Nathan Musa, found the former governor guilty of four charges and discharged him on one, which bordered on conspiracy.

    The Judge, however, discharged and acquitted former Secretary to the State Government, and the Commissioner of Finance, who were second and third defendants in the case.

    In handing down his sentence, the Judge said, the law stipulated that the convict shall not be given an option of fine.

    He sentenced the former governor to five years in prison and said the convict was free to serve his term in any prison of his choice.

  • Appeal Court okays bench warrant against Tompolo

    The Court of Appeal in Lagos on Wednesday dismissed the appeal brought by Government Ekpemupolo alias Tompolo against the EFCC over the Bench Warrant issued against him by Justice Buba of the Federal High Court in Lagos.

    TheNewsGuru.com recalls that the EFCC had on December 15,2015 instituted a Criminal Charge against Tompolo and nine others. The commission, through its counsel, Festus Keyamo, could not serve Tompolo personally with the summons. On January 12, 2016, Mr. Keyamo applied and obtained an order for substituted service of the said summons by pasting same on Tompolo’s last known address at No. 1 Agbanu DDPA Extension Warri, Delta State.

    However, despite the substituted service of same on Tompolo, he refused, neglected and failed to appear in court in response to the summons. Consequently, on January 14, 2016 Justice Buba issued a warrant for the arrest of Tompolo pursuant to Section 131 of the Administration of Criminal Justice Act 2015.

    Tompolo thereafter filed a Motion on Notice dated the January 27, 2016 seeking the following reliefs: an order of court setting aside its order of January 12, 2016 for issuance of Summons to compel the appearance of the defendant; an order setting aside Charge No: FHC/L/553C/15 and service of summons to compel the appearance of the defendant and, an order setting aside the Warrant for the arrest of the defendant issued on January 14, 2016.

    After arguments, Justice Buba dismissed Tompolo’s motion. Dissatisfied, Tompolo appealed the dismissal of his motion.

    In its judgment on Wednesday, the Court of Appeal agreed with the commission that Tompolo had been properly served with the summons and saw no reason to set aside the Bench Warrant still subsisting against him. The court unanimously held that Tompolo’s appeal is devoid of any merit and thereby dismissed it. The court upheld the decision of Justice Buba to issue a Bench Warrant against Tompolo.

     

  • JUST IN: A’Court judge withdraws from Patience Jonathan’s $5.9m suit

    JUST IN: A’Court judge withdraws from Patience Jonathan’s $5.9m suit

    One of the three justices assigned to hear the appeal filed by former first lady, Mrs. Patience Jonathan to discharge a court order which temporarily seized the sum of $5.9m found in her Skye Bank account on Wednesday withdrew from the case.

    TheNewsGuru.com reports the three-man appeal court panel, comprising Justices John Ikyeh, Abimbola Obaseki-Adejumo and Abraham Georgewill, had earlier fixed Wednesday to hear the appeal.

    But when the case was called on Wednesday morning, Justice Ikyeh, who presided over the panel, told the counsel on both sides that the appeal could no longer be heard as one of the three justices had decided to withdraw for personal reasons.

    Justice Ikyeh, however, did not mention the name of the member of the panel who withdrew but said the appeal had to be further adjourned in the circumstances.

    “One of us is going to recuse himself from this case for personal reasons, so we are not complete. Two of us cannot make a quorum. So, we’ll give you a date,” Justice Ikyeh said.

    In the circumstances, counsel for the Economic and Financial Commission, Mr. Rotimi Oyedepo, urged the appellate court to fix a new date during the court’s long vacation which would last till September.

    Oyedepo said the EFCC, which is seeking a court order permanently forfeiting Patience’s $5.9m to the Federal Government, had been handicapped because the Federal High Court in Lagos, which is hearing the case, had already stayed proceedings to await the decision of the Court of Appeal.

    But Justice Ikyeh reiterated that nothing could be done because two justices could not form a quorum.

    “We can’t write anything because we are incomplete. One of us cannot sit over this appeal,” he said.

    The case was subsequently adjourned till September 18, 2017, after the court’s vacation.

    Patience, through her lawyer, Chief Ifedayo Adedipe (SAN), is urging the Court of Appeal to overturn an April 26, 2017 interim order of Justice Mojisola Olatoregun of the Federal High Court in Lagos, who ordered that the $5.9m found in her Skye Bank account should be temporarily forfeited to the Federal Government.

    The forfeiture order was made in favour of the EFCC, which took an ex parte application before the judge.

    Apart from Patience’s personal account with $5.9m, the court also froze a number of accounts linked with her including an Ecobank account, with a balance of N2.4bn, opened in the name of one La Wari Furniture and Bath Limited.

    In a supporting affidavit attached to the ex parte application, the EFCC told Justice Olatoregun that the funds were suspected to be proceeds of Patience’s alleged criminal activities.

    An EFCC operative, Musbahu Abubakar, who deposed to the affidavit, stated that Patience opened the Skye Bank account on February 7, 2013, and used it to allegedly warehouse proceeds of crime.

    According to Abubakar, the former first lady made several cash deposits in United States dollar into the account, through a former Special Assistant to ex-President Jonathan, Waripamo-Owei Dudafa, and a State House steward, Festus Iyoha.

    He said as of January 30, 2015, the Skye Bank account had a balance of $6.7m but Patience subsequently withdrew it down to $5.9m.

    The EFCC had prayed the court to urgently freeze the account so as to prevent Patience for moving the funds.

    Justice Olatoregun had then granted the interim forfeiture order and adjourned till May 22, 2017, for anyone interested in the funds to appear before her to show cause why the funds should not be permanently forfeited to the Federal Government.

    On May 22, Patience’s lawyer, Adedipe, appeared in court in company with counsel for La Wari Furniture and Bath Limited, Chief Mike Ozekhome (SAN), and told Justice Olatoregun that their clients had appealed the temporary forfeiture order.

    They urged the judge to suspend further proceedings pending the outcome of the appeal.

    They argued that it would be disrespectful for Justice Olatoregun to proceed with the case after the appeal had been entered and the appellate court had issued a hearing notice.

    Justice Olatoregun had then consequently adjourned the case till September 24, 2017, to give the parties time to “ventilate their views in the appellate court.”‎

     

  • Ifeanyi Ubah: Appeal Court backs N43bn probe by EFCC

    Ifeanyi Ubah: Appeal Court backs N43bn probe by EFCC

    The Abuja Division of the Court of Appeal has given the Economic and Financial Crimes Commission, EFCC, nod to continue its investigation of Capital Oil and Gas Limited and its Managing Director, Ifeanyi Ubah, for alleged complicity in a N43.29bn petroleum subsidy scheme fraud.

    EFCC and the police had levelled them allegations of obtaining subsidy payments by false pretences, stealing, money laundering and forgery with respect to the alleged fraudulent payment of N43.29bn in the transactions conducted in 2011.

    A unanimous judgment of a three-man bench prepared by Justice Emmanuel Agim and consented to by Justice Akomolafe-Wilson (bench head) and Justice Tani Yusufu, was released on Sunday.

    TheNewsGuru.com reports that Ifeanyi Ubah is still in the detention of the Department of State Services (DSS) for investigation into a separate case of alleged diversion of N11bn worth of Federal Government’s Premium Motor Spirit (petrol).

    In the lead judgment, Justice Agimnullified the July 25, 2013 verdict of Justice Abdukadir Abdu-Kafarati of the Federal High Court in Abuja, who had made an order of perpetual injunction restraining the EFCC, the Inspector-General of Police and the AGF, from prosecuting Ubah with respect to the subsidy fraud allegations.

    Justice Agim, also in the lead judgment of the appeal court, nullified all of Justice Abdul-Kafarati’s orders, including the one quashing the November 3, 2012 interim investigation report of Aigboje Aig-Imoukhuede-led Presidential Committee on Verification and Reconciliation of Subsidy Payments to Petroleum Marketers.

    He held that by virtue of the Aig-Imoukhuede committee’s report, and the first two reports made by the Commissioner of Police in charge of Special Fraud Unit ‘D’ Department of the Force Criminal Investigation Department, Mr. Tunde Ogunsakin “there was a reasonable basis for the suspicion of the first and second respondents (Ubah and Capital Oil) of committing the said offences.”

    The Court agreed with EFCC’s lawyer, Mr. Rotimi Jacobs (SAN), that the agency “can competently reopen and continue investigation into the matter,” after the police, through Ogunsakin, had issued a third report of investigation clearing Ubah and Capital Oil contrary to the findings of the first two reports by the same police officer indicting the businessman and his company.

    Justice Agbim noted that “the fuel subsidy fraud involved corruption and fraud on a very massive scale”; that it involved many oil companies and officials of government’s regulatory agencies “looting and stealing of trillions of naira from the Federal Government of Nigeria and threatening the security and economy of Nigeria.”

    He frowned that in spite of sabotage, Justice Abdu-Kafarati of the Federal High Court in Abuja had granted Ubah’s application for fundamental human rights “in such a manner as to prevent or frustrate investigations into the scam.”

    He held that the trial court issued injunctions in Ubah’s case to stop ongoing process and prevent even future process “without regard to the very serious nature of the crime alleged” and its “far-reaching destructive effect on the society.”

    In upholding a joint appeal by the EFCC and the Attorney General of the Federation against the Federal High Court’s judgment, Justice Agim held that the enforcement of a person’s rights must not be used or allowed to shield the person from “the due process of criminal law”.

    He held that the legal system had provided remedy for a suspect in the civil suit for relief from malicious process “if after the investigation with or without arrest and detention” or “after the trial the evidence does not establish the guilt of the suspect.”

    He ruled, “Such determination must involve a consideration of a whole range of issues to ensure that the enforcement of a person’s fundamental or other rights is not used or allowed to prevent or frustrate the initiation or continuation of the due process of criminal law against him by the competent law enforcement authorities or is not used to shield the person from the due process of criminal law or is not used to prevent or frustrate the competent law enforcement agency from exercising its constitutional or statutory powers of crime prevention, control, investigation and prosecution o is not used to defeat the legitimate public expectation of law enforcement or is used to acquire toga of defacto impunity for himself.”

    Justice Agim also held that the judgment of the Lagos Division of the Federal High Court delivered on February 18, 2013 in favour of Ubah and his company had since 2015 been set aside by the Court of Appeal, Lagos, in 2015.

    He also rejected the documents which all cleared Ubah and relied on by Ubah’s lawyers, Mr. Raphael Oluyede and Babs Akinwumi in the course of the appeal.

    He held that the documents, including the legal opinion offered by the then Attorney-General of the Federation, Mr. Mohammed Adoke, in 2014 and a letter anchored on Adoke’s legal advice and sent by the then Chairman of the EFCC, Mr. Ibrahim Lamorde, to the Federal Ministry of Finance, were nothing but opinions which could not stop further investigation when the need arose.

    Justice Agim also held that report of the House of Representatives which investigated fuel subsidy fraud, relied on by Ubah and his company did not absolve them from “complicity in the massive fraud in the petroleum subsidy payments”.

    The appeal court added that since the House of Representatives or any chamber of the National Assembly lacked the power to conduct criminal investigation, its report “cannot be used to prevent or shield any of the petroleum marketer and supply companies from being investigated by competent investigative authority upon a criminal complaint that it fraudulently received billions of naira as imported petroleum subsidy payments when it did not import or market the petroleum in Nigeria.”

  • Obaseki, Oshiomhole applaud A’Court verdict, say Edo never voted PDP

    Obaseki, Oshiomhole applaud A’Court verdict, say Edo never voted PDP

    Edo State Governor, Mr Godwin Obaseki, on Friday, praised the judgement of the Court of Appeal, which upheld his victory at the September 28, 2016 Governorship Election.

    TheNewsGuru.com reports that the Court of Appeal, on Friday morning, dismissed the election petition filed by both the Peoples’ Democratic Party (PDP) and Pastor Osagie Ize-Iyamu, noting that the Tribunal did a painstaking job and should be commended for its judgment.

    Commending the appellate court’s verdict, the governor said that the truth would always prevail and he was prepared to appear at the Supreme Court over the case because he won the election and both God and his ancestors had reaffirmed that he won so they (PDP and Ize-Iyamu) could not change the truth.

    In addition, the governor appreciated the support of Edo citizens, assuring them that his administration was not distracted by the lingering election petition cases, that he would rededicate himself to good governance, and that he would continue the appointments of political appointees.

    Meanwhile, Oshiomhole declared that the people of Edo State never voted for PDP and that the Court of Appeal had reaffirmed the fact that they were clear on the sustenance of Governor Obaseki’s policies, who, he observed, had not been distracted from the business of good governance.

    He said: “At a time when most states cannot pay salaries, in Edo, he is paying a minimum wage even higher than what the federal government stipulated. What more can we say? Well, naturally we are excited. I am sure they also did very careful and detailed evaluation of the petitioners’ case and the response of our party as respondents.”

    He continued that this was why he concluded that the petition was of the busybody category and that the truth was clear for everyone, who followed and did detailed evaluations, to see.

    “Edo people never voted PDP,” he explained.

    “They have not forgotten in a hurry the misrule of PDP for thirteen years in this state and sixteen years at the federal level. They could not have voted PDP, so it was clear that they lost it at the ballot box,” Oshiomhole said.