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Tag: Court Judgement

  • Advise Buhari to obey judgment on release of payment details on electricity contracts, SERAP tells Malami

    Socio-Economic Rights and Accountability Project (SERAP) has urged Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice to use his “special role as the Chief Law Officer of Nigeria to advise and persuade President Muhammadu Buhari to fully and effectively enforce the judgment by Justice Chuka Austine Obiozor ordering the immediate release of details of payments to all defaulting and allegedly corrupt electricity contractors and companies since 1999.”

    Justice Obiozor, a Professor of Law, sitting at the Federal High Court, Lagos, had in July delivered a judgment in a Freedom of Information suit number FHC/L/CS/105/19, brought by SERAP, ordering the Federal Government to disclose and publish the names of companies and the whereabouts of the contractors paid by successive governments to carry out electricity projects but disappeared with the money without executing any projects.”

    In the open letter dated 13 September 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The enforcement of this judgment will be a special moment for the government’s anti-corruption agenda and the sovereignty of rule of law, as it would go a long way in protecting the integrity of our legal system. We urge you to make best efforts to advise and persuade President Buhari and Mr Sale Mamman, Minister of Power to begin to take steps that will ensure the full enforcement of this ground-breaking judgment.”

    SERAP said: “Advising and persuading Mr Buhari and Mr Mamman to enforce the judgment against corrupt contractors and companies would show your commitment to the rule of law, and contribute to addressing the culture and legacy of corruption in the power sector. It will show that you are not just Mr Buhari’s lawyer but also a defender of the Nigerian Constitution of 1999 (as amended), the rule of law and public interest within the government, something which Justice Obiozor’s judgment seeks to serve.”

    The letter read in part: “It is emphatically the province and constitutional duty of the Attorney General to advise on the enforcement of judicial decisions. It is important to do so here if power sector contractors and companies are not to continue to evade justice for their alleged corruption.”

    “Taking action as recommended would be in keeping with Nigerians’ expectations, and entirely consistent with Buhari’s oft-expressed commitment to ‘kill’ corruption–whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in the power sector.”

    “Our democracy needs courts so that public officials and private actors including contractors can be held accountable for any infraction of Nigerian anti-corruption laws and international commitments. Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it.”

    “We hope that the aspects highlighted will help guide your actions in advising and persuading Mr Buhari and Mr Mamman to enforce and implement Justice Obiozor’s judgment. We would be happy to provide further information or to discuss any of these issues in more detail with you.”

    “A certified true copy of the judgment is enclosed with this letter for your attention and urgent action.”

    It would be called that SERAP had in February filed the FoI suit against the Federal Government and former Minister of Power Mr Babatunde Fashola. The former minister then responded, saying that: “the Ministry has searched for the requested information on details of alleged contractors and companies but we could not find it from our records.”

    SERAP said: “During the 20 years of Nigeria’s democracy successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”

    “Ordinary Nigerians have continued to pay the price for corruption in the electricity sector, as the country has remained in darkness despite huge investment in the power sector by successive governments.”

  • 9mobile reacts to court judgement nullifying sale to Teleology

    On Thursday, news went viral that the sale of 9mobile to Teleology Nigeria Limited has been voided by a Federal High Court sitting in Abuja.

    However, the management of Emerging Markets Telecommunication Services (EMTS) Ltd, which is trading as 9mobile, has appealed to stakeholders and subscribers of the network to remain calm.

    In a statement yesterday, the company said the “matters are under control and we are working with our team of legal counsels to follow through as deemed necessary.”

    But it described reports as “incorrect, misleading, mischievous and a total falsehood,” insisting that the “Federal High Court, Abuja did not nullify the sale of EMTS.”

    The management explained in the statement that “the court on 1st April 2019 made an order for parties to maintain status quo as at April 25, 2018,” noting that, “as at the said date, EMTS (9mobile) was not a party to the suit before the court.”

    “The action before Justice Binta Nyako of the Federal High Court is not about the sale of EMTS (9mobile) but rather, the transfer of the license even without locus standi,” it stated.

    “EMTS (9mobile) has however appealed the order and also sought an injunction pending appeal at the Court of Appeal,” it said.

    Clarifying the recent reports, Company Secretary/Legal Adviser, 9mobile, Ore Olajide said, “The sale of 9mobile to Teleology Nigeria Limited has not been nullified.

    “The court made an order to maintain status quo as at April 25, 2018 when EMTS was not a party to the suit and we have appealed the ruling as well as sought an injunction pending appeal at the Court of Appeal”.

    Concluding, the management said it “remains focused on providing best in class telecommunication services to its subscribers and will provide necessary updates in due course.”

     

  • Osun gov’rshp poll: Why court judgement nullifying my candidacy will not stand – Adeleke

    Two Senior Advocates of Nigeria, (SAN) have said that the FCT High Court judgment which nullified the nomination of Sen. Ademola Adeleke as the governorship candidate of the Peoples Democratic Party in the September 2018 Governorship Election in Osun, cannot stand the test of time.

    Speaking with the News Agency of Nigeria, (NAN) on Wednesday in Abuja, Mr Isreal Olondare (SAN) said that the judgment was not a sound one because the law stipulated that a person aspiring to any political office must be educated up to school certificate level.

    “The ruling cannot stand the test of time because during the trial, it was the prosecution that subpoenaed the West African Examination Council (WAEC) to come and tender the result of Adeleke in court.

    “They tendered the result and it was confirmed that he wrote the exams notwithstanding that maybe he failed the papers.

    “The constitution of Nigeria says that any person aspiring to office must be educated up to school certificate level it didn’t say that the person should have grade one or so on.

    “Since there is evidence that he was educated up to school certificate level, he is qualified to contest,” the senior lawyer contended.

    Moreover, he questioned the legality of the FCT High Court having jurisdiction to try a matter that arose from Osun state.

    On his part, Mr Nathaniel Oke (SAN), a counsel to Adeleke said that they were grossly dissatisfied with that judgment and would appeal it before the close of business on Wednesday.

    “We are appealing against it and before today expires, we will file our notice of appeal against that judgement because we do not agree with any of the reasons given.

    “We contended that our candidate having brought a certified true copy of the result of the examination he took in 1981 as ordered by the court with supportive affidavit, that in itself is sufficient to say that he is qualified.”

    According to Oke, you don’t have to pass the exam of WAEC before you can be qualified, the moment you make an attempt, is suffices, which is the requirement of the law.

    Justice Oathman Musa of an Abuja High Court, Bwari Area Council of Abuja on Tuesday, nullified the nomination Adeleke as candidate of the PDP in the Sept. 2018 Governorship Election in Osun State.

    Justice Musa annulled Adeleke’s nomination on the grounds that Adeleke offended Section 177 of the 1999 Constitution as amended.

    The section stipulates that candidates for the position of governor must be educated up to secondary school level.

    According to Justice Musa, while the court’s findings show that Adeleke entered secondary school in 1976, there is no record to show that he actually graduated as his name is no longer seen in the school’s register from 1980.

     

  • Biafra: Nnamdi Kanu reacts to court judgement ordering his rearrest

    The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has alleged that the bail Justice Binta Nyako granted him in 2017 was to set him up for assassination.

    He made the allegation on his Twitter handle on Saturday in his series of reactions to the recent revocation of his bail and order for his arrest by Justice Nyako.

    The IPOB leader said that the judge who is presiding over his case at the Federal High Court Abuja on realising that the ploy with the Nigerian government to have him killed failed now decided to revoke his bail.

    Kanu tweeted, “It’s now obvious Justice Binta Nyako only agreed to grant me bail as part of an elaborate ploy with the Nigerian govt to set me up for assassination. Her failure to investigate the military invasion of my home is clear confirmation that she is angry I survived the attack.”

    Kanu, who is facing trial alongside other Biafran activists for alleged treason, had disappeared from public space months after his bail only to reappear in Israel after one year and later moved to the UK.

    He has also vowed to challenge the court order directing his arrest in the United Kingdom in a broadcast on Radio Biafra earlier on Saturday.

  • Anambra senatorial rerun to hold Jan 13 despite court judgement – INEC

    The Independent National Electoral Commission on Thursday (INEC) said the Anambra Central Senatorial rerun election will hold as scheduled on January 13, despite a Federal High Court judgement asking it (INEC) to issue the PDP candidate, Mr. Obiora Okonkwo, a certificate of return as the duly elected candidate.

    This was revealed on Thursday by the Resident Electoral Commissioner in the State, Dr. Nkwachkwu Orji.

    He said the Commission had commenced training of ad hoc personnel in that respect.

    Anambra Central Senatorial District had been without a senator since 2015 when a Court of Appeal, Enugu Division, sacked the occupant of the position, Mrs. Uche Ekwunife.

    The court asked INEC to conduct a rerun in the district within 90 days, while disqualifying Ekwunife and her political party, the Peoples Democratic Party, from participating in the rerun.

    The PDP then challenged its exclusion in the rerun at the Federal High Court, Abuja, with the court granting judgement in its favour.

    The candidate of the All Progressive Grand Alliance, Chief Victor Umeh, and APGA had contended that PDP should not field a candidate in the rerun since it was at its instance that the election was nullified on December 7, 2015.

    On Monday, November 20, 2017, the Court of Appeal sitting in Abuja delivered a judgment in favour of Umeh, in which it ordered INEC to conduct the rerun election within 90 days of the judgment, excluding the PDP from contesting in the rerun.

    Following this, INEC fixed the rerun for January 13, 2018.

    But on 13th December, 2017, a Federal High Court sitting in Abuja declared Obiora Okonkwo of the PDP as senator representing Anambra central senatorial district in a judgement delivered by Justice John Tsoho.

    Tsoho asked INEC to issue Okonkwo a certificate of return, just as it ordered the Senate President to swear in the PDP candidate immediately as the senator for Anambra Central District.

    According to report by The Punch, the Anambra REC said its legal department had studied the judgement and asked it to go ahead with the election as ordered by the Court of Appeal, as against Tsoho’s Federal High Court judgement.

    The REC said, “We are going ahead with the election as scheduled.

    “We have started training ad hoc personnel in that respect.

    “Our legal department has asked us to go ahead and obey the Court of Appeal order against the Federal High Court judgement.

    “So, we are going ahead to conduct the election on January 13,” the REC stated.

  • Court judgement: NLNG demands payment of $315m debt from NIMASA

    The management of Nigeria Liquefied Natural Gas, NLNG Limited on Monday issued a demand notice for $315,598,823.29 judgment debt to the Nigerian Maritime Administration and Safety Agency, NIMASA.

    The NLNG said in a statement that the sum represented the payments it made under protest to the agency since 2013, as well as direct and shipping losses it incurred due to the initial two-day blockade of the Bonny Channel by NIMASA in May 2013.

    It said the development followed the decision on October 3, 2017 by the Federal High Court, Lagos that the NLNG was not liable to make the said payments to NIMASA, and that all such payments already made by it to NIMASA should be repaid forthwith.

    The firm stated that the court, presided over by Justice Mohammed Idris, further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against the NLNG.

    However, TheNewsGuru.com reports that on the day the judgment was given, the Director General of NIMASA, Dr Dakuku Peterside expressed the agency’s dissatisfaction with the decision of Justice Idris.

    A statement by the agency’s spokesman, Isichei Osamgbi, said: “Consequently, Dr Dakuku has stated the management’s intention to appeal the judgment. The agency’s legal team are waiting for the certified true copy of the judgment, which we will study and respond as appropriate.”

    The problem predated Peterside. It started in 2013 when the agency requested the NLNG to pay all statutory levies accruable to the agency, including the 3% levy on gross freight on inbound and outbound international cargo, 2% Cabotage levy and Sea Protection levy. NIMASA insisted that the NLNG was not exempted from payments of statutory levies after its tax holiday ended.

    “NIMASA has portfolios of statutory revenues that it collects from shipping companies/ship operators, manning agents and seafarers. This the agency pays into the coffers of the government. It is within these funds generated that the agency uses to develop and police the maritime sector. NIMASA does not receive any government allocations,” the agency said in the statement.

    But the General Manager, External Relations, NLNG, Dr. Kudo Eresia-Eke, said, “The Federal High Court ruling transcends being simply a legal victory for the NLNG. It must be viewed for what it really is: A resounding message from Nigeria to the global investment community.

    “The message is that we can be trusted to keep our sovereign word and that Nigeria remains open for business, partnership and investments,” the NLNG boss said.

     

  • Lagos hails court judgement sentencing man to death for killing wife

    Lagos hails court judgement sentencing man to death for killing wife

    …says verdict is victory for fight against domestic violence

    A Lagos High Court in Ikeja has sentenced a man, Sulaiman Olalekan to death by hanging for the murder of his wife, Mrs Chika Egbo on November 20, 2012 in a case of domestic violence.

    The convict (Olalekan), on the fateful day, had poured acid on his Wife, having become overwhelmed by the fact that the deceased went back to prostitution against his best advice.

    Trial judge, Justice Lawal Akapo, in his judgment, convicted Olalekan for the murder of his wife and sentenced him to death accordingly.

    After the sad incidence which resulted in the eventual death of the victim, Chika, and in line with the zero tolerance posture of the Governor Akinwunmi Ambode-led administration on issues of domestic violence, the Lagos State Government through the State’s Ministry of Justice had taken over the prosecution of the case and filed necessary processes in court.

    Olalekan reportedly met the deceased at Signal Hotel in Ijeshatedo area of Lagos State, where they started a relationship that resulted in marriage.

    It was after the marriage that Olalekan bought her a second hand Volkswagen Bus and paid her school fees at the Enugu College of Education.

    But the deceased reportedly reneged on her commitment to the relationship by returning to prostitution, which caused Olalekan to procure acid from a battery charger in Ikotun area of the State and deceitfully invited her to visit with his mother on the said day when he poured raw acid on the deceased.

    The victim was admitted at the Lagos University Teaching Hospital (LUTH) for emergency medical treatment, where she eventually died.

    Justice Akapo, in arriving at his judgment, said he believed that the murder of Chika Egbo by Olalekan was premeditated.

    The State Attorney General and Commissioner for Justice, Mr Adeniji Kazeem, who was the lead prosecuting Counsel, in his reaction to the judgment, thanked the Court for a well-considered punishment.

    He said: “Today’s judgment is a victory in our fight against domestic violence and a victory for domestic violence victims.”

    Governor Ambode, it would be recalled, had pledged to make Lagos uncomfortable for perpetrators of domestic violence when he led an All-Male Walk against Sexual and Gender Based Violence (SGBV) late last year.