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Tag: Court

  • Ondo election: Court trashes suit challenging Aiyedatiwa deputy’s credentials

    Ondo election: Court trashes suit challenging Aiyedatiwa deputy’s credentials

    The Federal High Court sitting in Akure, Ondo State capital, has trashed the suit challenging the qualifications of Lucky Aiyedatiwa and his deputy, Olayide Adelami, both candidates of the All Progressives Congress (APC) in the November 16 governorship election in the state.

    The suit was filed by the candidate of the Peoples Democratic Party(PDP) in the election, Agboola Ajayi, through his legal counsel, M Ndoka (SAN).

    Delivering his judgement, the Presiding judge, Justice Toyin Bolaji Adegoke declared that the plaintiff lacked locus standi to file the suit

    She added that the case filed by Ajayi and his party, the PDP, was statute-barred, being filed outside the 14 days required by the Electoral Act.

    Justice Adegoke therefore ruled that the court lacked jurisdiction to hear the suit, having filed through originating summons instead of a Writ of Summons.

    In his originating summons, the plaintiff said the first defendant, the APC deputy governorship candidate, Adelami, is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami; arguing that with the conflicting names, the court should disqualify him and the governorship candidate.

    He therefore sought a “Declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election”.

    Ajayi asked for an order disqualifying the defendants from participating in the election and order and restraining the Independent National Electoral Commission (INEC) from publishing their names or allowing them to participate in the election.

    However, Remi Olatubora (SAN), Counsel to Adelami, argued that the West African Examination Council (WAEC) result has the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Alli University issued in 1982 has the name Adelami Olaide Owolabi.

    Olatubora said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.

    Other defence counsels, Tayo Oyetibo (SAN) who represented Governor Aiyedatiwa, the second defendant, Ebun Adegboruwa (SAN) who represented the APC, and Charles Edosan (SAN) who represented INEC, agree with the position of Dr. Olatubora.

    According to Olatubora, the plaintiffs have no right to file the suit following section 29(5) of the Electoral Act 2022 because they are not members of All Progressives Congress and did not participate in the primaries that the governorship primary that produced Adelami and Aiyedatiwa as candidates.

    He submitted that “The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons; adding that the suit as a matter of law does not qualify as a pre-election matter, and this court lacks jurisdiction.”

    The presiding judge ruled that the issue involving certificate forgery and perjury was criminal, which required the calling of evidence from the authorities that issued the certificates in question.

    According to her, Section 29 of the Electoral Act made provision for who can challenge the candidate of political parties.

    She noted that the fact that PDP and Ajayi are not aspirants in the APC primary that produced Aiyedatiwa and Adelami as candidates rubbed them off any legal right to challenge their qualifications.

    Justice Adegoke, therefore declared that the court lacked jurisdiction to entertain the case, dismissed it and resolved all issues in favour of the defendants.

  • Court dumps suit to prevent EFCC from accosting, probing Sanwo-Olu after tenure

    Court dumps suit to prevent EFCC from accosting, probing Sanwo-Olu after tenure

    The Federal High Court in Abuja has dismissed a lawsuit that sought to prevent the Economic and Financial Crimes Commission (EFCC) from arresting Lagos State Governor Babajide Sanwo-Olu once he completes his tenure in office.

    The case, which had garnered attention earlier this year, was struck out by the court on October 31, following a motion filed by Sanwo-Olu’s legal representative to discontinue the suit.

    The presiding judge, Justice Joyce Abdulmalik, ruled to dismiss the case after Gbenga Femi Akande, counsel to Governor Sanwo-Olu, moved the application to discontinue the proceedings. Notably, the case was dismissed several weeks earlier, but it was only on Tuesday that Hadiza Afegbua, the EFCC’s legal representative, discovered that the case had already been struck out. She had arrived at the court expecting to have the matter heard, only to find out about the ruling.

    The enrolled order, dated October 31, indicated that only Akande, Sanwo-Olu’s counsel, was present in court during the hearing that led to the suit’s dismissal. This legal action had been filed by Darlington Ozurumba on behalf of Governor Sanwo-Olu, who is set to complete his second term as governor of Lagos State by May 29, 2027.

    The lawsuit arose from concerns that the EFCC had plans to arrest and prosecute Governor Sanwo-Olu after he leaves office. In the legal filing, the applicant argued that any attempt to arrest Sanwo-Olu would be unconstitutional and violate his fundamental rights, particularly his personal liberty and freedom of movement, as guaranteed under Sections 35(1) & (4) and 41(1) of Nigeria’s Constitution. The suit sought to obtain an injunction preventing the EFCC from engaging in any actions such as harassment, intimidation, arrest, detention, or prosecution related to the governor’s tenure in office.

    The Lagos State Government, however, publicly distanced itself from the legal action. According to Lawal Pedro, the state’s Attorney-General, Governor Sanwo-Olu had not authorized anyone to file the case against the EFCC. Pedro expressed the state’s intention to investigate how the lawsuit was filed without the governor’s knowledge.

    He also stated that neither the governor nor any of his aides were under investigation by the EFCC, and there was no indication that the governor faced any threat of arrest by the anti-corruption agency.

    In a response to the lawsuit, the EFCC filed a counter-affidavit through Ufuoma Ezire, a litigation secretary in the agency’s legal and prosecution department. In this affidavit, the EFCC clarified that the agency had never initiated an investigation into Governor Sanwo-Olu or his staff, nor had it issued any threats of arrest or detention. The commission further dismissed the suit as speculative and characterized the legal claim as a “mere conjecture,” lacking factual basis.

    This ruling has effectively brought an end to the legal challenge, with the court confirming that there was no legal basis for restraining the EFCC from carrying out its statutory duties in relation to Sanwo-Olu after the completion of his tenure. The outcome underscores the legal processes surrounding investigations into public officials and the potential limitations of preemptively seeking judicial intervention in matters involving law enforcement agencies like the EFCC.

  • Court remands 109 foreigners in Kuje, Suleja prisons

    Court remands 109 foreigners in Kuje, Suleja prisons

    A Federal High Court in Abuja, on Friday, ordered the remand of 109 foreigners, charged over allegations bordering on cybercrime, in Kuje and Suleja Correctional Centres.

    Justice Ekerete Akpan gave the order following an application by one of the defence counsel, James Onoja, SAN, for an adjournment to allow the prosecution reflect the defendants’ names correctly on the charge sheet.

    The foreigners, who are said to be citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar, were recently arrested by the police.

    They were apprehended in their residence at Plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “a fraudulent and unregistered gaming platform.”

    In a six-count charge, marked: FHC/ABJ/CR/599/2024 filed in the name of the Inspector-General (I-G) of Police, the foreigners were charged with cybercrime, money laundering and unlawfully residing in Nigeria.

    At the resumed hearing on Friday, Onoja informed the court that while conducting Know-Your-Customer (KYC) procedures for his clients, he discovered that their actual names were not reflected on the charge sheet.

    “This information came to light when we were discussing the possible terms of bail for the defendants We told them that the court would ask for their travel documents, and they said the names on the charge sheet were not their names,” he said.

    The senior lawyer said that he had discussed the matter with the prosecution lawyer, A.A. Egwu. He said they requested the defendants’ travel documents so that their proper names could be reflected on the charge sheet.

    He emphasised that it was the defendants’ responsibility to provide their correct travel documents for the plea and trial to proceed smoothly. Onoja, therefore, proposed that the arraignment be adjourned in the interest of justice.

    Egwu, who appeared for the police, responded that the court could make an order for the defendants’ respective embassies to provide their travel documents.

    “We do not oppose the request for an adjournment,” he said.

    Egwu also drew the court’s attention to an earlier ex-parte motion, which requested that the defendants be moved from the police facility and remanded at the correctional centre pending the determination of their bail.

    He explained that the police facility was overwhelmed and lacking the necessary resources.

    Eric Obah, who represented defendants 100 to 104 (Brazilians), did not oppose Onoja’s submission. He, however, requested a separate trial for his clients.

    Onoja also agreed that the defendants be remanded in a correctional centre for their safety.

    Justice Akpan held that given Egwu’s position regarding the state of the police facility, it was appropriate to remand the defendants at the correctional centres.

    The judge, who ordered the defendants to be remanded in Kuje and Suleja Correctional Centres, adjourned the matter until Nov. 29 for their arraignment.

    In one of the counts, they were alleged to have aided, abetted, conspired among themselves “to commit an offence, to wit; cybercrime.”

    They were said to have commited the offence contrary to and punishable under Section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).

    They were also alleged to have “knowingly access a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine.”

    The offence is said to be contrary to and punishable under Section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    Again, they were alleged to have  removed “from Nigeria proceeds generated from operating a fraudulent and unregistered gambling platforms.

    “These platforms are  9f.com, c2.top, 8pg.top and you thereby commit money laundering, contrary to and punishable under Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”

    The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa.”

    The offence is contrary to Section 4 (2) and punishable under Section 44 (1) (c) of the Immigration Act 2015.”

  • Alleged cybercrime: Arraignment of 109 foreigners suffers set back

    Alleged cybercrime: Arraignment of 109 foreigners suffers set back

    The arraignment of109 foreigners charged over allegations bordering on cybercrime was, on Thursday, stalled at a Federal High Court in Abuja.

    The matter, which was fixed for their arraignment before Justice Ekerete Akpan, could not go on due to the defendants’ inability to secure legal representation.

    The foreigners, who are said to be citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar, were recently arrested by the police.

    They were apprehended in their residence at Plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “a fraudulent and unregistered gaming platform.”

    In a six-count charge, marked: FHC/ABJ/CR/599/2024 filed in the name of the Inspector-General (I-G) of Police, the foreigners were charged with cybercrime, money laundering and unlawfully residing in Nigeria.

    When the matter was called on Thursday, the I-G lawyer, A.A. Egwu, indicated his readiness for the arraignment of the defendants.

    Justice Akpan, however, observed that the defendants were not represented by any lawyer.

    Due to this development, judge adjourned the matter until Nov.  22 to enable the defendants secure the services of lawyers for their trial.

    In one of the counts, they were alleged to have aided, abetted, conspired among themselves “to commit an offence, to wit; cybercrime.”

    They were said to have commited the offence contrary to and punishable under Section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).

    They were also alleged to have “knowingly access a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine.”

    The offence is said to be contrary to and punishable under Section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    Again, they were alleged to have  removed “from Nigeria proceeds generated from operating a fraudulent and unregistered gambling platforms.

    These platforms are  9f.com, c2.top, 8pg.top and you thereby commit money laundering, contrary to and punishable under Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”

    The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa.”

    The offence is contrary to Section 4 (2) and punishable under Section 44 (1) (c) of the Immigration Act 2015.”

  • Suspected female arms dealer collapses in court

    Suspected female arms dealer collapses in court

    A suspected female arms dealer, Victoria Alabi, 45, collapsed at a Federal High Court in Ibadan where she was arraigned over an alleged sale of 390,70 rounds of ammunition and cartridges.

    Arraigned alongside Alabi on Thursday was one Morufu Balogun, 43.

    The duo, however, pleaded not guilty to the five-count charge of unlawful dealing, illegal sale, aiding and abetting as well as participation in terrorism.

    The first defendant, Alabi, collapsed in the dock as the charges were being read to them.

    The development led to panic in the courtroom as some court workers and lawyers moved to rescue the ailing defendant.

    After the revival of Alabi, the defense counsel, Mr Olalade Gbolagade, told the court that his client’s health had deteriorated over the period of time.

    Gbolagade recalled that the first defendant was rushed to the University College Hospital while in the custody of the Department of State Services (DSS).

    He, consequently, prayed the court to grant Alabi’s bail application because of her health challenge.

    The defense counsel also sought the bail application of the second defendant, Balogun.

    Subsequently, the presiding judge, Justice N.E. Maha, ordered the DSS to make provision for adequate treatment of the defendants.

    Maha adjourned the case until Nov. 28 for ruling on the bail application.

    Earlier, DSS prosecution, Mr Victor Alma, told the court that Alabi was arrested sometime in Aug. 2023, at Egbeda-Mosafejo area of Ibadan,  in possession of 390,70 rounds of ammunition and cartridges.

    Alma added that Balogun, who lived at Alafara, Ido Local Government Area of Oyo State bought 10 packets of cartridges from one Michael who was not a registered or licensed arm seller.

    According to the prosecutor, Balogun also sold 10 cartridges to one Isaih.

    Alma stated that the offences contravened the provisions of sections 43 (1B), 3 M18 and 9(1), of the Terrorism and Prevention Act, 2022.

  • Court adjourns murder trial of Ebonyi lawyer to Nov 28

    Court adjourns murder trial of Ebonyi lawyer to Nov 28

    A High Court in Abakaliki has adjourned the murder trial of an Ebonyi- based  lawyer,  Sunday Ununu to November 28. The  lawyer is facing trial for allegedly causing the death of Mr Nnamdi Nwite-Ugo, on Aug. 21 at Agbaja-Unuhu in Abakaliki Local Government area of the state.

    Ununu, 45, who is been  tried on  charges of unlawful possession of fire arm and murder, is being remanded in a correctional facility, on the orders of an Abakaliki Chief Magistrates’ Court in Ebonyi.

    When the case came up for hearing at the high court on Thursday, defence counsel, Mr Donatus Njoku, applied for bail for his client.

    The  State Acting Director of Public Prosecution, Mr Jude UdokaChukwu, however, opposed the bail application.

    UdokaChukwu argued that bail could only be allowed when the hearing on the matter fully commences in court.

    The Judge, Justice Iheanacho Chima, therefore, adjourned the matter until Nov 28, Dec 6 and 13 for further hearing.

  • Falana vs VeryDarkMan: Court fixes date to hear defamation suit

    Falana vs VeryDarkMan: Court fixes date to hear defamation suit

    An Ikeja High Court on Thursday reserved January 23 to hear the alleged defamation suit filed against the controversial online activist, Vincent Otse, popularly called VeryDarkMan (VDM).

    VDM is facing a defamatory suit filed against him by Mr Femi Falana (SAN), and his son, Folarin, also called Falz. When the case was called on Thursday, counsel to Falana and Falz, Mr Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.

    Banire also said a motion on notice was served on Oct. 25, but Justice Matthias Dawodu said the originating process was not before the court.

    The claimant’s counsel, however, prayed the court to adjourn the case to enable him file administrative processes.

    “In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” Banire said.

    In his response, counsel to VDM, Mr Marvin Omorogbe, said it had been observed that there was no valid writ of summon before the court. He, therefore, prayed the court to strike out the lawsuit.

    Omorogbe said he did not know how the registry of the court would prepare any administrative process. He opined that the writ already filed was invalid as it was not before the court. According to him, the writ bears the same suit number as the preemptive remedy proceedings.

    He said, “Preemptive remedy proceedings ends after injunction is granted or refused. They have gone ahead to file a writ, using the same suit number as the preemptive remedy proceedings.

    “And the court said no,  that a fresh writ of summons with a new suit number, needs to be filed. At this point my lord, we will be seeking for a date to hear our preliminary objection”.

    Omorogbe further urged the court to withdraw a motion dated Oct. 18. He said the motion was a move to appeal on the ground that the claimants had admitted, there was an issue in respect to the preemptive proceedings.

    Justice Dawodu, however, struck out the motion, following no objections from the claimants counsel.

    “I will give you a date for hearing because we are talking about a writ that is not before the court,” Dawodu said.

    The judge thereafter adjourned the case until Jan.23, 2025 for hearing of the preliminary objections. The court also adjourned the sister case involving Falz and VDM on the same ground.

    The court had on Oct. 14 ordered VDM to bring down the alleged defamatory video which he made on Sept. 24 against the Falanas.

    The court had made the order following an ex parte originating application filed by Falana and his son against the actions of VDM.

    The court had ordered VDM to bring down an unverified audio recording of a one sided narrative by a cross dresser, Bobrisky, alleging perversion of justice by Falana and son.

  • Rivers: A’Court sets up special panel, begins hearing Thursday

    Rivers: A’Court sets up special panel, begins hearing Thursday

    The Court of Appeal in Abuja has constituted a special three-member panel to handle political cases from Rivers State, with sittings scheduled to begin on Thursday, November 14.

    This move follows the escalating legal tussles stemming from a rift between Rivers State Governor Siminalayi Fubara and his predecessor, the current Minister of the Federal Capital Territory, Nyesom Wike.

    The feud has led to a surge of legal cases from the state, creating factions among political actors and resulting in conflicting judgments from courts of similar authority — an issue that has drawn criticism from both judiciary stakeholders and the public.

    In an effort to streamline the resolution of these disputes, Court of Appeal President Justice Monica Dongban-Mensem appointed a special panel to oversee all appeals related to the political crisis in Rivers.

    The panel, headed by Justice Onyekachi Otisi with Justices Misitura Bokaji-Yusuf and James Abundaga, will tackle cases that involve key political figures and factions within the state.

    Among the appeals set to be heard is one filed by Governor Fubara and the Rivers State House of Assembly, alongside cases involving both the Peoples Democratic Party and the All Progressives Congress regarding the alleged defection of 27 lawmakers loyal to Wike from the PDP to the APC.

    During proceedings on Monday, a panel of the court adjourned three appeals, including one filed by the Rivers State Government against the Rivers State House of Assembly and others, to be heard by the new special panel.

    The presiding Justice Hamma Barka noted, “The appeal, marked CA/ABJ/PRE/ROA/CV/1211m1/2024, is among the Rivers matters for which a special panel was constituted.”

    Senior lawyer Chief Paul Erokoro, representing the appellant, informed the court of plans to ensure that all respondents who had not yet been served would receive necessary documents before Thursday.

    He also noted that he had just received some filings from the respondents and needed time to prepare his response.

    Counsel for the first and second respondents, Ferdinand Orbih (SAN) and Dr. Joshua Musa (SAN), representing additional respondents, agreed to the adjournment request for November 14.

    Two other cases—one by the Accountant General of Rivers State against the Rivers State House of Assembly and another by the Action Peoples Party against the Independent National Electoral Commission and others—were also adjourned to Thursday for hearing by the Otisi-led special panel.

    The establishment of this panel aims to provide a clear and expedited resolution to the political disputes, marking a critical step toward restoring order amid Rivers State’s ongoing political upheaval.

  • NFF, Amaju Pinnick urge court to strike out Jalla, Baribote’s suit

    NFF, Amaju Pinnick urge court to strike out Jalla, Baribote’s suit

    The Nigeria Football Federation (NFF) and its former President, Amaju Pinnick on Monday, urged a Federal High Court in Abuja to strike out a suit filed against them by Harrison Jalla and Chief Victor Rumson Baribote, among others.

    NFF and Pinnick, through their lawyer, Jibrin Okutekpa, SAN, told Justice Inyang Ekwo following the absence of the plaintiffs and their counsel in court.

    In the writ of summons marked: FHC/ABJ/CS/1376/2021, Jalla, Chief Baribote, Austin Popo and the Registered Trustees of National Association of Nigerian Footballers (NANF) had sued the NFF as 1st defendant.

    They also joined Pinnick and the Minister of Sports and Youths Development as 2nd and 3rd defendants respectively.

    The claimants sought an order of injunction restraining the defendants, their agents and cronies from preparing and conducting the next election of the NFF executive body without taking proper procedure for amendment  of 2010 NFF statute as requested by the claimants, particularly composition of the congress and executive committee (board), among others.

    When the matter was called, neither the plaintiffs nor their lawyer was in court. Okutekpa said though the matter was fixed for continuation of hearing, the plaintiffs were not in court

    “And they are consistently absenting themselves from court leading to the court striking out this matter once. On our part, we are ready and they are not here. I will be applying that they are tired of the case and urge the court to strike It out,” the senior lawyer prayed. I would have loved to do that,” Justice Ekwo responded.

    Okutekpa said on May 8, the plaintiffs’ witness was in the witness box and had difficulty with the exhibits.

    “We were to come the next day, and that day, the court did not sit and we were asked to come before the court,” he said.

    He said he filed two applications on behalf of NFF and Pinnick.

    “One is challenging the competency of this suit and the court said he will take them at the conclusion of hearing,” the lawyer said.

    The judge said: “Let me give them one more opportunity and if they do not come to court on that day, your application will be ripe.”

    Justice Ekwo consequently adjourned the matter until Feb  6, 2025 for hearing. He ordered that hearing notices be issued and served on the parties that were not in court.

    It was observed that the 3rd defendant (minister), in a preliminary objection filed on May 7 by his lawyer, E.A. Ezebilo, also challenged the jurisdiction of the court to hear the suit.

    Ezebilo argued that the 3rd defendant is non-existent and therefore lack the legal capacity to sue and be sued.

    The lawyer argued that the facts and circumstances of the case did not establish any reasonable cause of action against the 3 defendant to warrant his trial.

    According to the Ezebilo, the 3rd defendant is not a necessary party to the case.

    “That the claimants did not meet with the condition precedent before instituting the action as provided in Article 69 (1)(2) of the NFF Statutes 2010,” the lawyer said, urging the court to strike out the matter.

  • Woman remanded in prison for stabbing husband to death

    Woman remanded in prison for stabbing husband to death

    An Iyaganku Chief Magistrates’ Court on Thursday ordered the remand of a housewife, Olajumoke Olalere, 33, at Agodi Correctional facility, Ibadan, for allegedly stabbing her husband to death.

    The Chief Magistrate, Mrs Olabisi Ogunkanmi, who did not take the defendant’s plea for lack of jurisdiction, ordered her remand pending the legal advice from the Directorate of Public Prosecution (DPP).

    She, thereafter, adjourned the case until March 5, 2025 for mention.

    The police charged Olalere with a count of murder. The prosecutor,  Cpl. Akeem Akinloye, had told the court that the defendant on Oct. 30, at 9.00 p.m. allegedly caused the death of her 39-year-old husband, Oluwasegun Tinubu.

    Akinloye said the  defendant allegedly stabbed her husband  with a knife during a disagreement at their house, at Zone 5, Gbelu,  Iyana – Agbala, Ibadan.

    He said the offence contravened Section 316 and punishable under Section 319 of the Criminal Code Laws of Oyo State 2000.