TheNewsGuru

Tag: Court Order

  • There’s nothing new to be revealed about Tinubu – Presidency reacts to U.S court order

    There’s nothing new to be revealed about Tinubu – Presidency reacts to U.S court order

    The Presidency has reacted to last Tuesday rulling by Judge Beryl Howell of the U.S. District Court for the District of Columbia, directing the FBI and DEA to release non-exempt documents concerning President Bola Tinubu.

    Reacting to the court orderon Sunday, Tinubu’s Special Adviser on Information and Strategy, Bayo Onanuga, said the reports in question have been in public for over 30 years and did not indict the Nigerian leader.

    “Journalists have sought the Presidency’s reaction to the ruling last Tuesday by a Washington DC judge ordering the US FBI and DEA to release reports connected with President Bola Ahmed Tinubu,” Onanuga wrote in a social media post on Sunday.

    He added, “Our response is as follows. There is nothing new to be revealed.

    “The report by Agent Moss of the FBI and the DEA report have been in the public space for more than 30 years.

    “The reports did not indict the Nigerian leader.”

    He added that the Presidency’s lawyers are currently examining the ruling.

  • Lagos court extends protest restriction order

    Lagos court extends protest restriction order

    A Lagos High Court, at Tafawa Balewa Square, on Tuesday extended an earlier order restricting protesters in Lagos to conduct their activities only at the Gani Fawehinmi Freedom Park and Peace Park.

    Justice S.I. Sonaike gave the order following an application filed by the Lagos State Attorney-General (AG), and the Commissioner for Justice, Mr Lawal Pedro (SAN), for an extension of the order.

    The state AG had filed for an extension of the order after complying with the order of the court to ensure the safety of the protesters within the two locations ordered by the court.

    The state AG was represented in court by the Director for Civil Litigations, Mr Hameed Oyenuga.

    Oyenuga told the court that service of the earlier court order had been served on all the respondents in compliance with the pre action protocols for preemptive reliefs sought by the AG against the representatives of the protesters.

    He argued that though the respondents in the suit were yet to respond to the application, “there is the need to extend the earlier restriction order of the protest to two venues.

    “This is to ensure that the state can continue to enjoy the relative peace being experienced despite the ongoing protests across the country.”

    In her ruling, Justice Sonaike said that she was satisfied with the AG’s compliance with the order of the other vacation judge, Justice Emmanuel Ogundare.

    She, therefore, ordered that the restriction of the protest to Freedom and Peace parks in the Ojota and Ketu areas of the state be extended until full compliance to the pre action orders.

    Justice Ogundare had on July 30, while ruling on  an exparte application filed by the state AG, placed restrictions on the protesters.

    The AG was seeking to secure public safety and prevent irreparable loss of lives and property in the state during the period of the protests.

    Defendants in the application are –  Adamma Ukpabi and Tosin Harsogba (for Active Citizens Group), Comrade Juwon Sanyaolu and Hassan Soweto (for Take it Back Movement) and Commissioner of Police, Lagos State.

  • Sanusi: Why the so-called court order is not valid – Kano deputy gov

    Sanusi: Why the so-called court order is not valid – Kano deputy gov

    Kano State Deputy Governor, Aminu Abdussalam Gwarzo has stated the Court order halting the installation of a new Emir in Kano is not valid and was not submitted officially.

    Recall a Federal High Court in Kano issued an order stopping the Kano State Government from enforcing the Kano State Emirate Council Repeal Law.

    Kano State Governor, Abba Yusuf had on Thursday signed the Kano Emirate Bill (2024), into law and announced the return of former CBN Governor Sanusi Lamido Sanusi as Emir of Kano.

    Sanusi had been removed from office in March 2020 by Ganduje, who cited insubordination as reason for his action.

    Yusuf also deposed the Emirs of Kano, Bichi, Karaye, Rano and Gaya and ordered them to vacate their Palaces.

    The state Deputy Governor, Aminu Abdussalam Gwarzo, told newsmen that “nobody can change their position on the reinstatement of Muhammadu Sanusi II because they did it legally.”

    He said, “The so-called court order banning them from reinstating Sanusi was not officially submitted to them, and as at the time they did the reinstatement, it was after working hours, which shows that anything coming from the court on that matter is already late.”

  • Court gives Emefiele Jan. 25 to appear over $53m debt

    Court gives Emefiele Jan. 25 to appear over $53m debt

    A Federal High Court in Abuja has given former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, until Jan. 25 to appear in court to explain circumstances surrounding the 53 million dollar-judgment debt arising from the Pars Club refund.

    Justice Inyang Ekwo, in a short ruling on Tuesday, gave Emefiele another opportunity to appear in court in person or an arrest warrant issued against the ex-CBN governor.

    The development followed a plea by Emefiele and CBN’s counsel, Audu Anuga, SAN, that all efforts to ensure that his client appeared in person on the order of the court were unsuccessful as he was still in custody.

    Anuga informed the court that an affidavit to show cause on why arrest warrant should not be issued against Emefiele was filed on Oct. 30.

    Justice Ekwo then asked I.A. Nnana, the lawyer who represented Mr Joe Agi, SAN, the judgment creditor/applicant in the suit, if he had been served with the affidavit

    Nnana responded that they were served on Monday, almost at the close of work and that they would like to react.

    The judge, who cautioned Anuga against late filing of processes, reminded that the matter came up on July 19.

    The senior lawyer, however, explained that all efforts were made until Friday (Oct. 27) to ensure that Emefiele was released on order of the court but the order was not complied with, which necessitated the filing of the affidavit.

    Anuga, however, told the court that since parties had been exploring settlement before and the CBN had a new governor, they should be allowed to explore settlement option.

    But Justice Ekwo insisted that Emefiele must appear in the next adjourned day.

    “As for the 4th respondent (Emefiele), I have always said, contempt proceedings follow a person whether the person Is still there or not.

    “In this case, I have given this particular person so much liberty, so much leniency and the situation does not seem to change.

    “I will adjourn the matter because the other side says they want to react to the process so there is no much talk.

    “Order of court must be complied with and even if no one complies with the order of the court, the court must comply with its order.
    “I will give you sufficient time,” he said

    The judge, consequently, adjourned the matter until Jan. 25 for Emefiele to show cause why arrest warrant should not be issued against him.

    In the affidavit deposed to on Emefiele’s behalf by Jeremiah Utaan, a legal officer in the Legal Department of CBN, he said Emefiele was willing to appear before the court as directed but for his continued detention by the Department of State Service (DSS).

    He said the information was of public knowledge from June 10 till date that had made it impossible for Emefiele to physically appear before the court on July 19, the last adjourned date.

    Utaan, in the affidavit, averred that Emefiele’s absence at the proceedings was not out of disrespect to the court but rather due to circumstance beyond his control.

    “I verily believe that the cause of justice will not be served should the Honourable Court proceed to issue a Warrant for the arrest of Godwin Emefiele,” he said.

    The judge had, on July 19, threatened to issue a warrant of arrest against Emefiele over his failure to appear in court.

    He said he was minded to exercise a restraint in the proceeding to give the ex-CBN boss an opportunity to explain himself.

    Justice Ekwo had on Oct. 20, 2022, ordered the CBN governor to appear in court on Jan. 18 over his alleged refusal to obey the order of the court for the payment of the judgment debt in favour of a legal practitioner, Joe Agi, SAN.

    Agi had dragged Linas International Ltd, Minister of Finance, CBN and Emefiele to court as 1st to 4th judgment debtors respectively, following an application for garnishee made by him as judgment creditor in the case.

    However, on the Jan. 18, proceedings could not go on as scheduled when the matter was called, prompting the court to subsequently adjourned the case until March 20, before it was fixed for June 6 again.

    The judge, on June 6, ordered Emefiele to appear before it on July 19.

    However, President Bola Tinubu, on June 9, suspended him as CBN governor and he was directed to transfer his responsibilities to the deputy governor, operations directorate.

    No sooner had Emefiele was suspended than the DSS, on June 10, announced his arrest and detention.

    It was also reported that Emefiele was arrested and detained by the Economic and Financial Crimes Commission (EFCC) on Oct. 26 less than an hour after the DSS released him.

    The EFCC was said to be probing him over alleged impropriety during his term as the head of the apex bank.

  • Seplat takes immediate steps to counter interim court orders against its officers

    Seplat takes immediate steps to counter interim court orders against its officers

    Nigeria’s leading oil and gas Company; Seplat Energy said it was already aware of moves to promote certain media publications to the effect that the Federal High Court, presided by Hon. Justice I. E. Ekwo, sitting in Abuja in suit number FHC/ABJ/CS/626/2023 – Juliet Gbaka & 2 others v. Seplat Energy Plc & 13 others has granted ex parte Interim Orders against Seplat Energy and some of its Officers.

    In a statement on Thursday, Mrs. Chioma Afe of Seplat Communications & External Affairs, said “the Interim Orders, which are yet to be served on the Company or any of the affected Officers, primarily restrain the Board Chairman, the named Independent Non-Executive Directors, the Chief Operating Officer and the Company Secretary from operating or functioning as officers of Seplat Energy in any capacity, or otherwise conducting the affairs of the Company.

    “The Company, as a law-abiding entity, has defended against the Interim Orders by immediately filing an Appeal and a Motion for Stay of Execution of the Orders. Seplat Energy has been advised by its legal team that the Interim Orders, which are yet to be served on the Company or its officers, cannot be enforced until the Court of Appeal has heard and determined the Appeal and application for Stay of Execution.

    “This petition is a third in the series of duplicative petitions filed by purported minority shareholders between March and April 2023, as part of orchestrated attempts to damage the Company in response to its unrelenting efforts to improve corporate governance by eliminating related party transactions and implementing other corporate governance initiatives.”

    The Company previously announced that:
    • The Federal High Court in Lagos, presided over by Hon. Justice Aneke, in Moses Igbrude & 4 ors V. Seplat Energy & 2 ors, has vacated the ex parte Interim Orders that required the Company’s CEO to step aside.

    * The Federal High Court in Abuja, presided over by Hon. Justice Ekwo, in Federal Republic of Nigeria V. Seplat Energy & 8 ors, formally dismissed the Immigration Charge against the Company and some of its Officers, and fully discharged all named Officers. This discharge followed the Notice of
    Withdrawal/Discharge filed by the Director Legal of the Nigeria Immigration Service and the company’s cooperation with the immigration authorities.

    • The Federal High Court in Abuja, presided over by Hon. Justice Ekwo, in Boniface Okezie & 4 ors. V. Seplat Energy & 9 ors, refused to grant to the Petitioners’ request to grant ex parte Interim Orders restraining the Company from holding its AGM. Seplat Energy remains relentless in its commitment to governance and operational excellence.

    It is interesting to note that Hon. Justice I. E. Ekwo has presided over three out of the four cases involving Seplat and some minority shareholders.

    The Company is poised to diligently continue to defend against these deliberate court actions, and remains confident and hopeful that the courts will appropriately address these unending litigations on the same.

  • Disobey Supreme Court order on naira notes, risk contempt, SAN tells CBN

    Disobey Supreme Court order on naira notes, risk contempt, SAN tells CBN

    A Senior Advocate of Nigeria (SAN), Mr. Richard Ogunwole, on Wednesday, advised the Central Bank of Nigeria (CBN) to abide by the Supreme Court’s temporary order halting the move by the Federal Government to ban the use of old naira notes from Feb. 10.

    Ogunwole, who gave the advice in an interview with NAN in Ibadan, said that the Supreme Court’s decision remained final and must be followed by all, irrespective of status or position.

    “There is nobody in Nigeria today who is not feeling the harsh economic policy of CBN.

    “We lawyers even find it difficult going to court because we also need money to transport ourselves there. It is the same situation for people from other professions.

    “My advice to CBN, the federal government and the commercial banks is to abide by the order or risk contempt of court,” Ogunwole said.

    However, a human rights activist, Mr Femi Aborisade, said that the apex court had only allowed itself to be used by politicians by granting such an order.

    Aborisade told NAN that the critical problem was not the extension of the Feb. 10 deadline for the old naira notes to cease to be legal tender, but the availability of new notes.

    “The essence of the extension is to serve as a relief to the generality of Nigerians,” said the legal practitioner.

    Aborisade expressed doubt on whether the Supreme Court had jurisdiction on a matter like naira redesign by CBN.

    The apex court had given an interim injunction restraining the federal government, CBN, commercial banks and others from implementing the Feb. 10 deadline for the old N200, N500 and N1000 to stop being legal tender.

    The court held that they must not continue with the deadline, pending the hearing of the main suit on Feb. 15.

    NAN also reports that the case was instituted by Kaduna, Kogi and Zamfara states.

  • Court orders divorce-seeking wife to return husband’s N85,000, other gifts

    Court orders divorce-seeking wife to return husband’s N85,000, other gifts

    An Upper Area Court in Mararaba, Nasarawa State has ordered a housewife, Maryam Abdulmalik, to return N85,000 cash to her estranged husband, Sani Idris.

    Judge Mohammed Jibril gave the order on Thursday.

    The judge also ordered Ms Abdulmalik to return the unsewn wrappers he bought her as gifts.

    The petitioner, TheNewsGuru gathered, had in a divorce petition told the court that she was no longer in love with her husband and wants out.

    The husband, however, pleaded with his estranged wife, saying he still loved her.

    Ms Abdulmalik said that she married Mr Idris in January 2020 under Islamic rights in Rugan Maliki, Mararaba Gurku, Nasarawa State.

    “I lived with my husband for a year and some months.

    “He does not care for me. I am ready to pay for my redemption in accordance with Islamic Law Procedures and Practice because I do not have any feelings for him,” she said.

    Also Read

    Man demands N1.6m from wife in exchange for divorce

    She prayed the court to dissolve the union.

    Mr Idris, who was present in court, begged his wife not to divorce him.

    “I spent a lot of money on my wife and her family.

    ”I gave her N85,000, bought her wrappers and even assisted her parents on the farm,” he said.

    The judge ordered Mr Idris to allow his wife to move her belongings out of his house.

    Mr Jibril adjourned the case until October 4 for the dissolution of the marriage.

  • NFF to appeal against court order stopping executive election conduct

    NFF to appeal against court order stopping executive election conduct

    The Nigeria Football Federation (NFF) has filed a notice of appeal against the order of a Federal High Court (FHC) Abuja which stopped the conduct of its executive election earlier scheduled for Sept  30 in Edo.

    In a notice of appeal marked: FHC/ABJ/CS/1376/2021, NFF put forward three grounds why the order should be set aside.

    According to the football association, the learned trial lower court erred in law which occasioned a miscarriage of justice when his lordship held thus: “Parties are hereby ordered to maintain status quo ante pending the final order of this Court.”

    Justice Inyang Ekwo of a FHC sitting in Abuja had, on Sept. 15, restrained the Minister of Youth and Sports, Sunday Dare, and President, Nigeria Football Federation (NFF), Amaju Pinnick from conducting the NFF executive election scheduled for Sept. 30 in Edo.

    Justice Ekwo, in a ruling on an ex-parte motion moved by counsel for the claimants, Celsus Ukpong, ordered the minister, Mr Pinnik or any person, acting on their instruction, to maintain a status quo pending the hearing and determination of the motion on notice for interlocutory injunction.

    He consequently adjourned the matter until Oct. 31 for hearing.

    In the motion filed Sept. 2 and marked: FHC/ABJ/CS/1376/2021; Harrison Jalla, Chief Victor Rumson Baribote, Austin Popo and National Association of Nigerian  Footballers (NANF), who were 1st to 4th claimants, had sued NFF, Pinnick and the minister as 1st to 3rd defendants respectively.

    But in the notice of appeal dated Sept. 27 and filed Sept. 28 by the NFF (the appellant) at the FHC, Jalla, Chief Baribote, Popo, NANF, Pinnik and the minister are listed as 1st to 7th respondents respectively.

    The NFF’s counsel, Patrick Mekako, argued that the lower court lacked the jurisdiction to grant an order not prayed for.

    “It is trite principle of law that a court can only grant what was prayed for,” he said.

    The lawyer argued further that the FHC erred in law when, after making the ex-parte order, it reverted the matter to Oct. 31 for hearing.

    He said that since the ex-parte order was made on Sept 15, by the provisions of the FHC Rules and the settled state of the law, an order made through ex-parte should not last for more than 14 deys.

    “By granting the injunctive order and adjourning the matter to 31/10/2022, the trial court tacitly made the ex-parte order to last from 15/09/2022 until 31/10/2022, which is for a period of 46 days.

    “There was no legal justification for the extension of the order till 31/10/2022,” he said.

    According to him, the extension of the order to 31/10/2022 is against the interest of justice and will also prejudice the course of justice in this suit.

    Mekako said the trial lower court misdirected itself which occasioned grave miscarriage of justice when it ordered the parties to maintain the status quo ante pending the final order of the court and adjourned the suit to Sept  31.

    He, therefore, prayed for a declaration that the interim order of Sept. 15 was made without jurisdiction.

    He also sought an order setting aside the interim order of Sept. 15.

    NAN

  • NFF Elections: PFAN Task Force warns against defying court order

    NFF Elections: PFAN Task Force warns against defying court order

    The Professional Footballers Association of Nigeria (PFAN) Task Force says the Nigeria Football Federation (NFF) should not engage in the act of defying a court order regarding its upcoming elections.

    Harrison Jalla, Chairman of PFAN Taskforce, told newsmen on Friday in Abuja that all those in the NFF defying court orders would face the consequences of their actions.

    Newsmen reports that the NFF Electoral Committee had fixed Sept. 30 for the Federation’s elective congress in Benin and proceeded to release a schedule of events.

    But an order of a Federal High Court Abuja order on Sept. 15 has since put the NFF Elections on hold.

    Justice Inyang Ekwo, ruling on an ex-parte motion, ordered the Youth and Sports Development Minister and the NFF President, or any person acting on their instruction, to maintain the status quo.

    This he said would be pending the hearing and determination of the motion on notice for interlocutory injunction.

    “The attention of PFAN Task Force has been drawn to publications in the media space on the threat by the NFF and its Electoral Committee to defy the Sept. 15 court order.

    “In the light of this, the PFAN Task Force has taken appropriate steps and has duly informed all relevant agencies of government that there is a threat to cause a breach of the peace by defying the court order,” Jalla said.

    He disclosed that PFAN Task Force was exploring all possibilities within the ambit of the law to ensure those already defying the court order would face the consequences of their actions.

    Jalla said it was worrisome that NFF has continued to violate and breach court orders.

    “This is in spite of President Muhammadu Buhari’s advice that they (NFF) go back as a body to amend the statutes, expand it and accommodate those who have been disenfranchised.

    “As we speak, they are already breaching the orders of court because we see correspondences after the court order, and campaigns for elections are still going on.

    “So, we are taking the appropriate steps to ensure that those who do this don’t go scot-free.”

    He said PFAN Task Force did not need government to do the job of ensuring a stop is put to the act of defying court orders.

    “We have all it takes within the ambit of the law to ensure that the election does not hold,” Jalla stated.

    He noted that the court order to halt the elections was a result of a consistent and deliberate acts of breaching court orders by the NFF since 2021.

    “Every Nigerian is a citizen of the country, and the threat by NFF to defy the court order is unacceptable as nobody is above the law.

    “The NFF has no immunity from the laws of the land, even as FIFA itself has no immunity from the laws of Switzerland.

    “The order we got from court didn’t just start today. We’ve been in court four times, and the two parties have been in court since 2021.

    ”At the last hearing date in June, the court gave us Oct. 31 to come back.

    “We asked for an interlocutory order because we anticipated that an election would hold.

    “They (NFF) said they are not going to do any election because there was no cause for that action and the court agreed with them as there was no electoral committee in place at the time.”

    The PFAN Task Force Chairman added that the judge thereafter stood down the order and gave all involved parties an Oct. 31 date to return to court.

    “In between that period, they set up an electoral committee and started selling nomination forms. There is no court that will accept that anywhere in the world and that was how this fresh order came about.

    “So, when the court order was issued, it was because they were already violating the process in court. This has really nothing to do with stopping the election.

    “If any other group is now telling us that they are not bound by that order of court, then we will take it from there,” he said.

    Also, Victor Baribote, the PFAN spokesman, said it was very clear the Nigeria football governing body was not in order.

    “In the last eight years, there has been nothing to show for all what the Federal Government did in terms of supporting the NFF with massive funding.

    “Also, all the funds FIFA brought in and all the funds that were realised from the private sector cannot be seen in what is on ground.

    “We are all aware of the activities which have been going on within the football circle of late.

    “This is why on June 26 in 2021 PFAN set up a task force in its wisdom, to look at issues on how we can advance our football.

    “We are all aware and are witnesses to the fact we have been recycling old hands in the NFF.

    “On the strength of that, the task force wrote a letter to the NFF last year in line with Article 29, requesting for an ammendment of the Statutes to include every stakeholder.

    “But to cut the long story short, the NFF has blantantly refused to do anything about it,” he claimed.

    The former Nigeria Premier League (NPL) Chairman said the position of PFAN was that election was not important at the moment, and that “fixing” the nation’s football was the top priority.

    He noted that Nigeria had all it takes for its football to become the biggest employer of labour in the country, if the right things were done.

    “It is not about election because the election we are talking about is the same one that will reproduce the same people who brought us to where we are today, and that is unacceptable.

    “So, we are ready to answer any name to make football work again in this country. We are not going to let it go. The President (Muhammadu Buhari) himself has said it is a national asset that should be guarded jealously.

    “So, our position is that we have to sit down as a group, fix the game, include those who are supposed to be part of it and we take it from there.

    “If that is not done, then if it is FIFA or the Federal Government that wants to intervene in this process, it is left for them to come and do what is necessary,” Baribote said.

  • Court grants FG ownership of Diezani’s property at Lekki

    Court grants FG ownership of Diezani’s property at Lekki

    Justice Akintayo Aluko of a Federal High Court sitting in Lagos has ordered the final forfeiture to the Federal Government of Nigeria, a vacant plot of land situated at Plot 13, Block I, Oniru Chieftaincy Family Private Estate, Lekki, Lagos, linked to former Petroleum Minister, Diezani Alison-Madueke.

     

    Justice Aluko made the order following an application by the Economic and Financial Crimes Commission (EFCC) Head of Legal Section Anselem Ozioko and a legal officer in the Commission, Abbas Mohammed.

     

    Justice Babs Kuewuni had on May 15, 2018, granted interim forfeiture of the said land.

     

    In making final forfeiture order, Justice Aluko upheld the EFCC’s motion on notice dated February 17, 2022.

     

    The judge held: “A final order is hereby granted forfeiting the property/asset listed and described in the schedule herein to the Federal Government of Nigeria.”

    The EFCC had listed the Diezani, a Nigeria lawyer, Donald Chidi Amamgbo and MEZ Group LLC, as respondents in the suit numbered FHC/L/CS/811/2018.
    Justice Babs Kuewuni in 2018, made the interim forfeiture upon reading the affidavit in support of the motion paper sworn to by AbdulRasheed Bawa, now the chairman of the Commission, which was argued and moved by Mr. Anselem B. C. Ozioko.

    As part of the interim orders, the judge had directed the EFCC to notify the persons in whose possession the properties sought to be forfeited were found to appear before the court and show cause within 14 days why the properties should not be forfeited to the government.