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Tag: Court Order

  • Court Vacates Exparte Order Against Union Homes

    Court Vacates Exparte Order Against Union Homes

     

    A Federal High Court sitting in Lagos on Wednesday have discharged and vacated an Exparte order made against Union Homes Savings and Loans Plc.

    Justice Daniel Osiagor discharge the order sequel to a motion filed and argued by the counsel to Union Homes Savings and Loans Plc Dr Muiz Banire SAN and Kunle Adegoke SAN.

    Justice Osiagor had on the February 24, 2022, made the Exparte order against the financial institutions as well appointed a Reciever Managers, while granting an Exparte application filed against it by Union Trustees Limited, in a suit marked FHC/L/CS/02/2022.

    The development which led to the taking over the premises of the firms located at 153, ikorodu road, Onipanu, Lagos by the Receiver Manager appointed by the court.

    Perturbed with the order, Union Homes Savings and Loans Plc and two others, Aso Savings and Loans Plc and Union Bank Plc, through their counsel, Dr. Muiz Banire and Kunle Adegoke, both Senoir Advocates of Nigeria (SANs) approached the court with motions to discharge and vacate the order.

    However, at the resumed of hearing today, counsel to Union Homes Savings and Loans Plc and Aso Savings and Loans Plc, Dr. Muiz Banire (SAN), Mr. Kunle Adegoke (SAN) respectively, argued and moved the motion to discharge with the affidavit in support deposed to by Edeking Jegede and Maimuna Chionuma.

    The two Silk asked the court to discharge and vacate the order on the ground that Plaintiff/Respondent materially misrepresented to, and concealed material facts, engaged in deliberate suppression of facts and that the court lacks the jurisdiction to entertain the matter or make the ex-parte orders in issue.

    The two senior lawyers also told the court that the underlying matter amounts to a gross abuse of court process.

    The plaintiff counsel Ifedayo Adedipe SAN file a counter-affidavit urging the court to dismiss the motion as does not disclose any infraction done I’m obtaining the experte order

    Ruling on the motion, Justice Osiagor held that “after hearing Dr. Muiz Banire (SAN) for the first Defendnt/Applicant and Mr. Kunle Adegoke (SAN) for the second defendant/Applicant, move in terms of the Motion paper.

    “It is hereby ordered that the Orders of this Honourable Court made on the 24th day of February, 2022 but which was served on the 2nd Defendant/Applicant on the 4th day of March 2022 is hereby discharged immediately.”

    Meanwhile, further hearing on the substantive Suit has been adjourned till April 23

  • Osun Guber: High Court nullifies Adeleke’s candidacy, affirms Babayemi as the authentic PDP candidate

    Osun Guber: High Court nullifies Adeleke’s candidacy, affirms Babayemi as the authentic PDP candidate

    An Osun High Court has affirmed PDP factional gubernatorial candidate, Dotun Babayemi as the authentic candidate for the forthcoming general elections in the state.

    Recall that Senator Ademola Jackson Adeleke won the primary held at Osogbo Township Stadium, supervised by the PDP primary election committee, while Babayemi emerged from the parallel gubernatorial primary at WOCDIF Centre, Ring Road, Osogbo.

    In its ruling, the court stated that the 215 Wards Executive Officers that participated in the parallel gubernatorial primary held at WOCDIF Centre were authentic and authorized Ward Executive Officers permitted to vote as delegates.

    Justice Adeyinka Aderibigbe of the Osun High Court, granted an Order of Mandatory interim injunction stopping the defendants/respondents from recognizing any other guber primaries of the PDP IN the state.

    The judgment, ordered INEC to recognize Babayemi as the authentic PDP gubernatorial candidates in the forthcoming election.

     

    The court declared the parallel guber primary that produced Senator Ademola Adeleke as illegal and null and void

    Justice Aderibigbe further ruled that the action taken by NWC of the party is in flagrant disobedience to its judgement on November 22, 2021, which recognized the Ward Executive Officers who produced delegates for the primaries.

  • Alleged N6bn fraud: Mompha flouted court order – EFCC

    Alleged N6bn fraud: Mompha flouted court order – EFCC

    The Economic and Financial Crimes Commission (EFCC) has alleged that social media celebrity, Ismaila Mustapha, alias Mompha, flouted an order of the Lagos Division of the Federal High Court where he is facing trial for N32.9 billion fraud.

    The EFCC prosecutor, Mr Rotimi Oyedepo, made the allegation before an Ikeja Special Offences Court on Tuesday while opposing a bail application of the defence counsel, Mr Gboyega Oyewole (SAN).

    The News Agency of Nigeria (NAN) reports that Mompha and his company, Ismalob Global Investment Ltd., were on Jan. 12 arraigned on an eight-count charge of N6 billion fraud.

    Addressing the court, Oyedepo noted that approaching the court for bail must be done with ‘clean hands’.

    He alleged that Mompha flouted an order given by Justice Mohammad Liman of the Federal High Court, Lagos Division, where he is facing trial on a 22-count fraud charge.

    EFCC counsel said that Liman had ordered that the defendant’s international passport should be released for 14 days to enable him to travel to the United Arab Emirates (UAE).

    “This passport is still with the applicant. He received it for use for 14 days in July 2020, and this is 2022, he has not given it back.

    “We wrote to the Federal High Court to confirm if he has returned his international passport. We got a response yesterday confirming that the passport has not been returned.

    “Not only did he travel to the UAE, we received credible intelligence that he did not limit his travel to the UAE as ordered by the court, he travelled to other countries.

    “This is the face of the man who is seeking the judicial exercise of my lord’s discretion,” Oyedepo said.

    The EFCC counsel also said that as part of the bail conditions given by Liman, the defendant was to be reporting to the anti-graft agency fortnightly.

    “The last time the defendant came to the EFCC in compliance with the order is July 5, 2021. He again flouted the order of court. I urge my lord to refuse the bail application,” he said.

    Requesting for an accelerated hearing, Oyedepo said the court had powers under Section 19 of the EFCC Act to ensure undue delay in the trial.

    Denying the allegations, defence counsel said that EFCC had put Mompha under its travel watch list which made him unable to make the scheduled trip to the UAE.

    “The order was made in June, we did not know the EFCC had placed the defendant under watch at the airport.

    “Exhibit LT7 is the EFCC’s letter to the airport in September 2021, clearing him to travel, three months after the order was made.

    “In that letter, they told him to ‘enjoy all subsequent trips’. The letter is very explicit regarding the word trips.

    “If there is any disobedience my lord, we are all in disobedience. I have given my word that his international passport will be returned to the Federal High Court tomorrow, though Justice Liman’s registrar is now in Kano,” Oyewole said.

    NAN reports that Justice Mojisola Dada, in a brief ruling, granted the defendant bail in the sum of N200 million with two sureties.

    She ordered that Mompha’s international passport be should be submitted to the court’s registrar pending the completion of the case.

    Dada remanded him at the Ikoyi Correctional Centre pending the perfection of his bail conditions.

    The judge adjourned the case until March 28 for commencement of trial.

  • APC holds LG congresses nationwide despite subsisting court orders in Delta, Akwa Ibom

    APC holds LG congresses nationwide despite subsisting court orders in Delta, Akwa Ibom

    The ruling All Progressives Congress (APC) has held local government congress elections across the country.

    The exercise scheduled for Saturday was to elect the leadership of the party at the local government level, and those who eventually become delegates to regional and national congresses and convention.

    APC held this second layer of the congresses after it ratified the Ward Congress Appeal Reports across the country.

    APC’s Caretaker Committee Chairman and Yobe State Governor, Mai Mala Buni said the court orders from Delta and Akwa Ibom will not stop the process as it does not affect the conduct of the exercise.

    He asked party members to abide by the rules governing the election, promising that the party will address all anomalies emanating from the process.

    In Lagos State, the congress held in the 20 local government areas.

    At the congress held in the Oshodi area of Lagos, officials were chosen by consensus across 11 wards.

    Reacting to the exercise, the Chairman of the Oshodi/Isolo Local Government Area, Kehinde Oloyede said the process was peaceful.

    He said despite the fear that violence would disrupt the election, the exercise was peaceful with delegates exercising their franchise.

    “Oshodi is known for violence in the past but it has been peaceful,” he said.

    “We went to the general elections, no incident of violence. On getting to this excos, we make sure that we harmonise the list. All the caucuses were fully represented. At a stage, some unscrupulous elements from the state level tried to tinker with the list but the majority will always have their way.”

    In neighbouring Ogun State, Governor Dapo Abiodun joined other APC members to elect delegates for the party at the local government level.

    He participated in the exercise at the grounds of St Saviour Anglican Primary School in Ikenne Local Government Area of the state.

    Governor Abiodun commended party members for displaying maturity in Ikene and other areas where the exercise was held.

    “Our party faithful has conducted themselves in a very civilised manner in a very fair process,” the governor said. “The candidates of choice have come out, we queued behind them. The electoral officers have asked if these are the people we want to vote for, we answered in the affirmative. It was largely a consensus arrangement.”

    The process went smoothly in Abeokuta, the Ogun State capital where voters queued up behind their preferred candidate within the premises of the African Church Grammar School.

    Some other top members of the party that participated included former Ogun State Governor, Senator Ibikunle Amosun, Nigeria’s High Commissioner to the United Kingdom, Senator Tunji Sharafa and the Minister of Mines and Steel Development, Lekan Adegbite.

  • Secondus reacts to fresh order stopping him from parading self as PDP National Chairman

    Secondus reacts to fresh order stopping him from parading self as PDP National Chairman

    Embattled National Chairman of the Peoples Democratic Party (PDP), Uche Secondus has reacted a court order restraining him from acting or parading himself as the leader of the opposition party.

    His reaction follows the ruling of Justice Okogbule Gbasam of the Degema Division of the Rivers State High Court sitting in Port Harcourt.

    “If Secondus and the party are taken to court, they will defend themselves,” Secondus’ media aide, Ike Abonyi, said in a statement on Monday.

    “PDP and Secondus are not afraid of court; this party is a child of history, owned by Nigerians, bigger than any individual or group, including desperadoes.”

    Abonyi, however, claimed that the story of the restraining order originated through the special assistant on media to the Rivers State Governor.

    Justice Gbasam made the order while ruling on a motion ex parte marked PHC/2183/CS/2021 and filed by four persons – Ibeawuchi Alex, Dennis Amadi, Emmanuel Stephen, and Umeziriki Onucha.

    Secondus and the main opposition party were listed as the first and second respondents to the suit.

    Amid calls for the resignation of the PDP national chairman, seven national officers of the party resigned from their roles on August 3.

    The affected officers claimed that they were being side-lined and treated unfairly by Secondus, but the PDP national chairman denied the allegation.

    Two days later, members of the PDP Board of Trustees held an emergency meeting to resolve the crisis in the party.

    Barely a few weeks to the meeting of the party leaders, the controversy took a new twist with the court order restraining Secondus from parading as the PDP national chairman, pending the hearing and determination of the motion on notice for interlocutory injunction.

    Justice Gbasam also made an order restraining the PDP national chairman from parading as a member of the party, or other related functions.

    He also granted the request to serve by substituted means all orders made by the court on the respondents and by publishing same in a newspaper.

  • DSS defies court order, fails to produce Igboho’s detained aides

    DSS defies court order, fails to produce Igboho’s detained aides

    The Department of State Services (DSS) has defied a court order to produce the 12 detained aides of Yoruba-nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho.

    TheNewsGuru.com, TNG reports that Justice Obiora Egwuatu of the Federal High Court in Abuja had last week ordered the DSS to produce in court on July 29, the 12 aides who have been in their custody since July 2, 2021.

    Their case was expected to proceed regardless of the annual court vacation slated to begin on July 26.

    But since the DSS failed to bring the aides before the court on Thursday, the case has stalled yet again, with Justice Egwatu now issueing another order, asking the DSS to produce the 12 aides in court on Monday, August 2.

    While giving the order, he stressed that when a court of competent Jurisdiction, gives an order, such must be respected and obeyed.

    However, counsel to the DSS, David Awo, explained that it wasn’t their intention to disrespect the court.

    According to him, most of the aides are no longer in their custody as they have now been taken away for verification of facts.

    Speaking further, he noted that the DSS has no intention to keep them indefinitely so they would be released once investigations are completed.

    Meanwhile, counsel to the 12 aides, Pelumi Olajenbasi, has asked the court to sanction the DSS for what he believes to be a deliberate act of disrespect.

    In addition, Olajenbasi asked that the court orders the DSS to release the aides on bail and grant him access to them.

    Justice Egwatu, thereafter, made an order directing the DSS to make way for the Counsel to see them between today and the next adjourned date (Monday).

    The suspects had earlier sued the DSS before the Federal High Court Abuja, on grounds that their fundamental human rights had been infringed.

  • Shoprite seeks vacation of court order stopping its exit from Nigeria

    Shoprite seeks vacation of court order stopping its exit from Nigeria

    The South African retail company, Shoprite Checkers (PTY) Ltd, on Tuesday filed an application seeking to discharge a mareva injunction stopping it from transferring its asset.

    Mareva injunction is a court order freezing a debtor’s assets to prevent them being taken abroad

    On July 14, Justice Mohammed Liman of the Federal High Court, Lagos, made the mareva injunction in favour of a Nigerian firm, A.I.C. Ltd, which in 2018 secured a 10 million US Dollar judgment against Shoprite in a breach of contract lawsuit.

    Recall that A.I.C. Ltd had earlier obtained the mareva injunction against the backdrop of Shoprite’s announcement to pull out of Nigeria.

    Justice Liman, had made the injunction, restraining Shoprite “from transferring, assigning, charging, disposing of its trademark, franchise and intellectual property in a manner that will alter, dissipate or remove non-cash assets and other assets, including but not limited to trade receivables, trade payables, payment for purchase of merchandise, from within the jurisdiction of this honourable court.”

    The judge also mandated the second respondent, Retail Supermarket Nigeria Ltd, “to disclose its audited financial statements for the years ending 2018 and 2019, to enable the judgment creditor/applicant determine the judgment debtor’s/respondent’s funds in its custody in order to preserve same in satisfaction of the judgment of the Court of Appeal in Appeal No: CA/L/288/2018.”

    But on Tuesday, Shoprite’s counsel, Mrs Funke Adekoya, SAN, approached the vacation judge at the Federal High Court in Lagos, Justice Nicholas Oweibo, with an application seeking to set aside the mareva injunction.

    However, the judge said he needed to be convinced that the case was urgent enough to warrant being heard during the court’s vacation.

    He directed Shoprite counsel to file an application to that effect and adjourned until Sept. 7 for hearing.

    Recall that a 10 million US Dollar judgment was in 2018 entered in favour of A.I.C. Ltd against Shoprite by Justice Lateef Lawal-Akapo of the Lagos State High Court in Ikeja.

    Displeased with the judgment, Shoprite had gone on appeal but it equally lost at the Court of Appeal and has now gone to the Supreme Court.

  • I remain APC national chairman despite court order, Oshiomhole boasts, gives reasons

    I remain APC national chairman despite court order, Oshiomhole boasts, gives reasons

    Comrade Adams Oshiomhole has insisted he remains the National Chairman of the ruling All Progressives Congress (APC), despite the order of an Abuja Federal High Court early Wednesday that he should vacate office.

    Chief Press Secretary to the embattled chairman Simon Ebegbulem while reacting to the court order said Oshiomhole remains the Chairman because APC’s lawyers had filed for a stay of execution of the judgment ordering his removal from office.

    “Our legal department is studying the matter and we have filed for a stay of execution and appealed the ruling.

    “With those processes, Oshiomhole remains the National Chairman of the party,” Ebegbulem said.

  • Alleged Extortion: EFFC obtains Court Order to detain Sani for two weeks

    The Economic and Financial Crime Commission (EFCC) has obtained a court order to detain the former senator Shehu Sani, for 14 days to allow thorough investigation of his alleged involvement in name dropping and extortion.

    The development followed fresh allegations levelled against the ex-lawmaker by the complainant, Alhaji Sani Dauda.

    Shehu Sani was arrested on New Year ‘s Eve by the EFCC operatives in Abuja for allegedly extorting $10,000 from Dauda, the Chairman of ASD Motors.

     

    Details shortly…

  • Kwara govt denies disregarding court order halting demolition of Saraki’s properties

    Kwara govt denies disregarding court order halting demolition of Saraki’s properties

    The Kwara State Government explained once again the demolition on Thursday of Ile Arugbo, a property belonging to the father of former Senate President Bukola Saraki.

    Alhaji Murtala Olanrewaju, Kwara State Commissioner for Information, denied that government was served any court order to stop the demolition.

    He said by demolishing the property, government has only taken back what belongs to the people.

    “The Kwara State Government early today began the physical reclamation of the plot of land bordering the civil service clinic in Ilorin.

    “The reclamation exercise began in the early hours of Thursday to avoid any needless confrontation. Attempts by some persons to provoke government’s agents on lawful duty were resisted by the security agents who exercised the highest level of restraint and professionalism.

    “Contrary to the claim that the State Government was served court papers on the matter, we state that no court paper has been served as at the time the government took steps to preserve what lawfully belongs to the people.

    “Finally, we urge the people of the state to remain calm, peaceful, an be guided only by facts of the matter and not be drawn into emotional outburst that is targeted at distracting the public from the issues at stake.

    “While the administration is focused on restoring sanity to the state after years of barefaced impunity, we will do so within the limit of the law.”