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Tag: Court

  • Ondo 2024: Court declines to disqualify NNPP candidate

    Ondo 2024: Court declines to disqualify NNPP candidate

    An Ondo High Court in Akure on Thursday set aside the suit challenging the candidature of Mr Olugbenga Edema as the flag-bearer of the New Nigeria People’s Party (NNPP) for the Nov. 16 governorship election in the State.

    Delivering judgment, Justice Oluyemi Osadabay, held that the court lacked jurisdiction to entertain the suit filed by a factional candidate of the party, Mr Michael Akintan, and his deputy, Mrs Kemi Fasua.

    They are challenging the emergence of Edema as the candidate of the party.

    Edema , a former lawmaker, emerged as the candidate of the party on June 5, after the former candidate, Mr Oluwatosin Ayeni stepped down for him. He chose Dr Rotimi Adeyemi as his running mate.

    Ayeni was later made the official spokesperson of the candidate and the Director-General of Ondo State NNPP Gubernatorial Campaign Council after his resignation as a candidate.

    However, in an originating summons filed by Akintan,  Fasua, Dr Gilbert  Agbo, and Comrade Oginni Olaposi, members  of the party,questioned  the emergence of Edema as the candidate of NNPP and his running mate.

    In the suit, plaintiffs through their counsel, Mr Monday Mawah sought the court’s judgment on whether, in light of Sections  77 (2) and 77(3) of the Electoral Act 2022, the party was required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary.

    The primary held on April 26.

    They also asked whether, based on section 77(3), the defendant, whose name did not appear in the submitted register of the party, could  validly claim membership in the party as at the party’s  primary date.

    The claimants were  seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member and the candidate of the NNPP in on the state  for the Nov. 16 governorship election.

    But the defendants, through their lawyer, Mr Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process.

    Olorunfemi said the suit was supposed to be filed at the Federal High Court, being a pre-election matter.

    He stated that the issue of jurisdiction was a matter that would go  to the root and the competence of a court with adjudicatory power on a suit before it.

    “Since the court has no jurisdiction, the case should be dismissed with cost against the claimants,” he said.

    In her judgment, Justice Osadabay struck out the suit for lack of jurisdiction.

    She said since the case fell within the pre-election matter, it was only the Federal High Court that could decide  to entertain the case.

    The judge awarded N100.000 against the claimants.

    Reacting to the judgment, Edema said the judgment had  led to rest the issue of whether he was a member or a candidate of NNPP.

    “We knew a lot of people who are our adversaries were looking forward to dividing us. But thank God, apart from the judgment of this court, we have come together as a party to be one family.

    “So, we are going to walk into this election as one family of NNPP. So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the law and squarely.

    “And come Nov. 16,   we will win with the support of the people of NNPP and God,” he said.

    Similarly, Akintan said he was ready to accept Edema as the candidate of the party.

    He said the court had decided the candidate and he would abide by the decision. Edema was also the  Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC).

  • Cleric sentenced to life imprisonment for defiling minor

    Cleric sentenced to life imprisonment for defiling minor

    An Ikeja Sexual Offences and Domestic Violence Court on Monday sentenced an Islamic cleric, Alani Rafiu, to life imprisonment for defiling a 14-year-old year girl (name withheld).

    In his judgement, Justice Rahman Oshodi held that the prosecution proved each of the ingredients of defilement against Rafiu.

    Oshodi said that the gravity of the convict’s offence could not be overstated as he betrayed the trust placed on him as a religious instructor and family friend.

    He said the convict’s conduct represented a profound violation of secular and religious principles. According to him, the evidence before the court reveals a calculated pattern of predatory behaviour.

    The court held that the convict deliberately isolated the victim, exploited her vulnerability and bought her silence with money.

    The judge said: “You betrayed the trust placed in you as a religious instructor and family friend. Instead of nurturing and protecting a vulnerable 14-year-old child entrusted in your spiritual care, you repeatedly sexually abused her in a place of worship.

    “The physical and psychological trauma inflicted on this young girl is immeasurable. At an age when she should be focused on her education and development, she was subjected to experiences that no child should endure.”

    Oshodi further said that there was compelling and consistent proof establishing that the victim was a child and the evidence manifested through multiple sources.

    He said the victim, in her evidence, provided a specific, detailed and first-hand account of sexual intercourse with the convict.

    According to him, the evidence of the victim was corroborated by the medical report which showed penile penetration.

    He said the convict abused religious authority and the sacred space of a mosque to perpetrate sexual violations against the survivor.

    The court maintained that places of worship should be sanctuaries of safety and spiritual growth, not venues for the exploitation of children.

    Oshodi said: “The prosecutrix gave evidence that the defendant had sex with her three times in the mosque. The medical evidence and the prosecutrix’s testimony paint a disturbing picture of the physical harm you caused.

    “The bleeding she experienced and your callous provision of a handkerchief to clean up the evidence of your abuse demonstrate a shocking disregard for her well-being.

    “This court must protect children from sexual predators and send a clear message that such conduct will be met with the full force of the law.”

    The court, subsequently, convicted Rafiu and sentenced him to life imprisonment. The court also ordered that his name be registered in the sexual offences register as maintained by the Lagos State Government.

    The state Counsel, led by Mr Babajide Boye, called three witnesses through whom several documents were tendered while the convict testified as a sole witness.

    The prosecution submitted that the convict committed the offence Aug. 17, 2021, in Ikotun, Lagos. The offence contravenes Section 137 of the Criminal Laws of Lagos State.

  • Court summons Edo Deputy Governor for refusing to vacate position

    Court summons Edo Deputy Governor for refusing to vacate position

    A Federal High Court in Abuja, on Monday, ordered Godwins Omobayo, the embattled Deputy Governor of Edo State, to appear in person before it on November 26 over his alleged disobedience to court judgment.

    Justice James Omotosho, in a ruling, held that the order was to give Omobayo, the alleged contemnor, a fair hearing and the opportunity to defend himself in line with Section 36 of the 1999 Constitution (as amended).

    The reinstated Deputy Governor of Edo, Philip Shaibu, had filed the contempt charge for Omobayo to be committed to prison over his alleged refusal to vacate the deputy governorship position after a valid court judgment.

    Justice Omotosho had, on July 17, voided the impeachment of Shaibu as the deputy governor of Edo by the house of assembly.

    The judge, in the judgment, ordered his reinstatement to office on the grounds that the Edo House of Assembly failed to comply with due process in the purported impeachment.

    The judge also held that the allegation on which the assembly based the impeachment proceedings was untenable in law and did not constitute a gross misconduct.

    The judgment was on the suit marked: FHC/ABJ/CS/478/2024 with Shuaibu as the plaintiff.

    The reinstated deputy governor had sued the Inspector-General of Police (IGP), the Deputy Governor of Edo, the AG, Chief Judge of Edo, Speaker of Edo House of Assembly and the Edo State House of Assembly as 1st to 6th defendants respectively.

    Omobayo was, on April 8, sworn in as the new deputy governor after Shaibu’s impeachment by the state’s house of assembly.

    The judge had, on Oct. 24, fixed today for the hearing of the matter.

    Justuce Omotosho rescheduled the date after the court granted Shaibu’s motion ex-parte seeking for an order for a substituted service of Form 49 on Omobayo.

    On the.last adjourned date, Ini-obong Ebiekpi, who appeared for Shaibu, had informed the court that the matter was fixed for hearing.

    Ebiekpi said that though Omobayo, who is the 2nd defendant in the charge, was served with Form 48, they had been unable to serve him with Form 49.

    The lawyer said it was on this ground that a motion ex-parte was filed for a substituted service of the Form 49 on Omobayo.

    Justice Omotosho consequently granted the motion and adjourned the matter until Nov. 4 for hearing.

    When the matter was called on Monday, Ayotunde Ogunleye, SAN, appeared for Shaibu, who was also in court in person.

    While Olusegun Jolaawo, SAN, represented the Edo House of Assembly (6th defendant), F.N Ogbe appeared for the Edo Chief Judge (4th defendant).

    However, Omobayo was not represented in court and neither was he in court as well. Besides, there was no representation for the.1st, 2nd, 3rd and 5th defendants.

    Ogunleye, therefore, made an oral application that the court should direct Omobayo to appear in person as order of court cannot continue to be treated with disregard.

    Delivering the ruling, Justice Omotosho adjourned the matter until Nov. 26 for hearing. He also ordered that hearing notices be issued to the.1st, 2nd, 3rd and 5th defendants in the charge.

    “In the interest of justice, and to give the alleged contemnor the opportunity to defend himself and fair hearing in line with Section 36 of the 1999 Constitution (as amended), the alleged contemnor is hereby ordered to be in court in person on 26th day of November, 2024, being the next adjourned date,” the judge ruled.

    Meanwhile, the tenure of the current state government would be coming to an end on November 12.

  • EndBadGovernance: Suspects fainting in court was stage managed to draw attention— Egbetokun

    EndBadGovernance: Suspects fainting in court was stage managed to draw attention— Egbetokun

    Inspector-General of Police Kayode Egbetokun has alleged that six suspects who fainted in court before their arraignment on Friday, November 1, did so deliberately to draw negative media attention.

    However, he said that medical help was given right away, highlighting the police’s dedication to the welfare of those in custody.

    In a statement on Friday, he said: “Today, an unexpected incident in court saw six of the suspects suddenly rush out and faint, drawing media attention in a deliberate and scripted manner to attract negative attention.

    Medical aid was promptly provided to these individuals, demonstrating the Police Force’s commitment to the welfare of those in its custody, irrespective of the allegations they face

    While committed to upholding justice, the Nigeria Police Force remains sensitive to the rights of all individuals, including young persons. Under Nigerian law, individuals who have reached the age of criminal responsibility are answerable for their actions, regardless of their age.

    This principle aligns with global practices, where accountability is upheld for young individuals who commit serious offences. As seen in other jurisdictions, including the United Kingdom, age does not exempt individuals from facing legal consequences. However, each case is approached with empathy and in accordance with human rights standards.”

  • Court declines to sack NDDC board chairman, Ebie

    Court declines to sack NDDC board chairman, Ebie

    The Federal High Court sitting in Abuja, on Thursday, declined to sack the Chairman of the Niger Delta Development Commission, NDDC, Mr. Chiedu Ebie.

    The court, in a judgement that was delivered by Justice Joyce Abdulmalik, dismissed a legal action that oil producing communities in Bayelsa and Delta state filed against President Bola Tinubu over Ebie’s appointment.

    The communities had approached the court to nullify what they termed as President Tinubu’s illegal appointment in the NDDC.

    According to the plaintiffs, President Tinubu’s appointee, Mr. Ebie, was not qualified to head the board of the NDDC in view of the fact that he is not from “the oil producing area with the highest quantum of oil production.”

    Insisting that the appointment was in breach of extant provisions of the NDDC Act, the plaintiffs, prayed the court to intervene in the matter.

    Aside from President Tinubu, other defendants in the suit, were; the Senate President, the Attorney-General of the Federation, the NDDC and Ebie himself.

    The communities told the court that though the 5th defendant, Ebie, is from an oil producing community, however, “the oil produced therefrom is insufficient, thus by the provisions of the law, he is unqualified for appointment as the Chairman of the 4th defendant’s board (NDDC).”

    Though the suit marked: FHC/ABJ/CS/28/2024, was initially brought before the court by three oil producing communities in Ekeremor Local Government Area of Bayelsa State- Bisangbene, Agge and Amatu1- through their leaders, Chief Goodnews Gereghewei, Chief Eddy Brayei and Mr Jonah Engineyouwei.

    However, communities in Delta state later applied and were joined as plaintiffs in the matter.

    Whereas Chief Jerry Mulade-Aroh represented Gbaramatu Kingdom, Mr Jolomi Itsekure stood in for Itsekiri Oil and Gas producing communities, while Hon. Friday Ugedi represented Egbema Kingdom in Delta state.

    Delivering judgement in the matter on Thursday, Justice Abdulmalik held that the case of the plaintiffs had become statute barred.

    She held that the plaintiffs failed to institute the action within three months after President Tinubu made the appointment, as prescribed by the law.

    The court noted that while Ebie was appointed to head the NDDC on August 29, 2023, the plaintiffs filed the suit on January 11, 2024, stressing that section 24(1) and (2) of the NDDC Act placed a limitation on the litigants.

    More so, the court held that the suit was not properly commenced as the plaintiffs failed to seek its leave to apply for a judicial review of President Tinubu’s action.

    The court held that since the suit was not properly initiated, it, therefore, lacked the requisite jurisdiction to grant any of the reliefs that was sought by the plaintiffs.

    Consequently, it dismissed the suit and held that all the issues that were raised by the plaintiffs had become academic.

    President Tinubu and the AGF had through their lawyer, Mrs. Maimuna Lami Ashiru, challenged the competence of the suit.

    Likewise, counsel for the National Assembly, Mr. Umaru Jibril, as well as that of the NDDC and Ebie, Mr. Emmanuel Akumaye, urged the court to dismiss the suit for want of merit.

  • Court orders final forfeiture of hotel linked to NOUN’s ex-VC

    Court orders final forfeiture of hotel linked to NOUN’s ex-VC

    A Federal High Court in Abuja has ordered a final forfeiture of a multi-million naira hotel, Sunflower Hotel Ltd, in Kaduna State, linked to Prof. Vincent Tenebe, a former Vice Chancellor of the National Open University of Nigeria, to the Federal Government.

    Justice Inyang Ekwo gave the order following a motion on notice for the final forfeiture of the property moved by F.O. Dibang, counsel to the Economic and Financial Crimes Commission.

    “Order is hereby made forfeiting property set out in the scheduled attached herein found in the possession of the respondent as properties reasonably suspected to be proceeds of unlawful activities to the Federal Republic of Nigeria,” Justice Ekwo ordered.

    The News Agency of Nigeria (NAN) reports that the order, made on Oct. 22, was sighted on Monday in Abuja.

    While the EFCC was the applicant in the motion on notice, marked: FHC/ABJ/CS/33/2024, Sunflower Hotel Ltd was the sole respondent.

    The motion was dated and filed on June 21.

    Court orders final forfeiture of multi-million naira hotel allegedly linked to NOUN’s ex-VC
    It could be recalled that Justice Ekwo had, on Feb. 16, granted the anti-graft agency’s application for the preservation of the hotel.

    The judge also directed the EFCC to publish the order, within 14 days, in any national newspaper and on its website or by any other means of publication.

    He said this was to enable all persons or bodies who might have interest in the property known as Sunflower Hotel located in Kaduna to claim ownership of the property and to show cause why the property should not be forfeited to the Federal Government.

    The case was then adjourned until March 5 for a report.

    Meanwhile, in the affidavit in support of the motion on notice dated and filed on June 21, Dare Opeyemi, the operative in the Economic Governance Section of EFCC, said he had the consent of the commission’s chairman to depose to the affidavit.

    Opeyemi said sometime in December 2022, the commission received “intelligence report alleging the offence of conspiracy and stealing, diversion of public funds and criminal breach of trust involving one Monday Oyeme, erstwhile Chairman, Delta State Board of Internal Revenue and a former Bursar of NOUN, and one Adamu Danlami, the owner of Crossbill International Limited, who are all ( at large)”

    He said the investigation, which had been concluded, revealed that Onyeme, while he was the Bursar of NOUN, conspired with other staff to divert public funds into companies where he had subsisting interest.

    He said that investigations further revealed that Crossbill International Limited owned by Danladi received a huge portion of the illicit funds fraudulently diverted from the institution’s account by Mr Onyeme.

    Opeyemi averred that investigation revealed also that Crossbill International Limited, from the illicit funds diverted from NOUN account, made payments to other entities known as Wanone Investment Limited , Tanadi Limited , Namutane Foundation and SUNFLOWER Hotel Limited.

    To prove its case, EFCC annexed a copy of the account statements of Blacksnow Ltd, Eno Global Services Nigeria Ltd and Crossbill International Ltd showing transfers and withdrawals made as exhibits.

    According to the official, it was also discovered during the course of investigation that all the entities mentioned in paragraph seven of this affidavit are linked to a former Vice Chancellor of the National open University of Nigeria, Professor Vincent Ado Tenebe.

    “Investigations revealed that the sum of Two Hundred and Seventy Five Million, Eighty One Thousand Eight Hundred and Ninety Six Naira Ninety Kobo (N=275,081,896.09) traced to the Professor Vincent Ado Tenebe’s account was used in building the hotel know as Sunflower Hotel Limited located at Sunflower Crescent, Unguwan Maigero Road, Narayi, Kaduna State.

    “That Sunflower Hotel Limited was originally an uncompleted building purchased by Professor Vincent Ado Tenebe from one Yakubu Mamman Akhagbeme, a brother in-law to the said Professor Vincent Ado Tenebe.

    “A copy of the statement by Mr Yakubu Mamman is hereby annexed and marked as Exhibit EFFC 3.

    “That the sum of N275, 01,896.90 presumed to be diverted from the account of National Open University by Professor Vincent Ado Tenebe was used to fund the renovation and completion of Sunflower Hotel limited, the subject of this application.

    “That the applicant reasonably believes that the property mentioned in the schedule to this application is a proceeds of crime i.e diversion of public funds belonging to NOUN.

    “That in the course of investigation, it was further revealed that Professor Tenebe is neither a director or shareholders of Sunflower hotel Ltd but he purchased the Hotel from his brother in-law Yakubu Mamman Akhagbeme from the proceeds of crime.

    “That investigation further revealed that the company has Rabi Ado Tenebe, Mamman Yakubu Akhagbeme, Mohammed Angulu Yakubu , Amashigi Rabi Mustapha, Dickson Akhagbeme Onomoso and Abrahim Ado Tenebe as directors of the company.

    “That in the course of investigation, the team had implored all efforts to reach the suspects mentioned in the above preceding paragraph, but all efforts made proved abortive,” he said.

    Opeyemi said their investigations revealed that none of the directors of the company, as shown from the Corporate Affairs Commission (CAC)’s documents, was the owner of the Sunflower Hotel Limited.

    He said that after it obtained the interim order on Feb. 16, the commission complied with the order by publishing the notice of interim order on the EFCC’s website and the Leadership Newspaper of March 5.

    The official said the anti-corruption agency also filed an affidavit of compliance with respect to the Feb. 16 order.

    He, however, averred that no person, body, corporate or any financial institution had raised any objection so far as far as the period of the publication had lapsed.

    “It is imperative to obtain the final order of this honourable court.

    “it (the property) is presumed to be owned by unknown persons, abandoned or unclaimed and in the interest of justice forfeit to the Federal Republic of Nigeria, being a proceeds of crime.

    “That this case is of very urgent public interest and concern, that the proceeds and instrumentality of crime in this case be finally forfeited to the Federal Government of Nigeria, and shall be released to the victim, National Open University, in due course.”

    The investigator said it would be in the interest of justice that a final forfeiture was granted to enable the commission to take full legal control and management of the assets on behalf and to the benefit of the Federal Government.

  • Just in: Court sacks all candidates of NNPP for Kano LG polls

    Just in: Court sacks all candidates of NNPP for Kano LG polls

    A Federal High Court in Kano has sacked all 44 chairmanship and councillorship candidates of the New Nigeria Peoples Party (NNPP) for Saturday’s local government elections.

    The ruling was delivered on Friday by Justice Simon Amobeda following a case filed by Engineer Muhammad Babayo and a faction of the NNPP against the party’s leadership.

    Justice Amobeda ruled that the Kano State Independent Electoral Commission (KANSIEC) should accept a new list of candidates submitted by the faction led by the recognised State Chairman, Dalhatu Shehu Usman, in accordance with the party’s constitution.

    “The defendant is hereby restrained from releasing the voters register for the 2nd Defendant to conduct the proposed election on 26th October 2024,” the judge declared.

    He further instructed that KANSIEC must recognize the list of candidates submitted by the plaintiffs.

    The case listed the Independent National Electoral Commission (INEC), KANSIEC, the Inspector General of Police, and the Director of the Department of State Services (DSS) as the defendants.

    The judgment has thrown the local government elections into further controversy. The court also barred security agencies from providing protection at the polling units if the election goes ahead without the updated candidate list.

    “The 2nd Defendant is hereby directed to accept as genuine and subsisting the list of NNPP candidates submitted to it by the recognized State Chairman, Dalhatu Shehu Usman,” the judge ruled, adding that “any other list submitted for the 2024 Local Government Election in Kano State should be rejected.”

    In addition, Justice Amobeda instructed the 3rd and 4th defendants—namely, the Inspector General of Police and the DSS—not to provide security for the election under the current arrangement.

    “That the 3rd and 4th Defendants are forthwith restrained from providing security and protection to the scene of the Election plans to take place on the 26th October, 2024,” the court ruled.

  • Court nullifies attempts to halt LG election in Kano

    Court nullifies attempts to halt LG election in Kano

    The Kano State High Court granted the Kano State Independent Electoral Commission (KANSIEC) the authority to proceed with the local government elections scheduled for Saturday, nullifying all attempts by political parties to stop the exercise.

    Justice Sanusi Ma’aji, presiding over the case, ruled that KANSIEC is empowered by the Constitution to conduct, supervise, and oversee local government elections across the 44 local government areas (LGAs) in Kano State. The case was brought by KANSIEC against the All Progressives Congress (APC) and 13 other political parties.

    In his ruling, Justice Ma’aji emphasised that any effort to obstruct the process would be deemed null and void.

    “KANSIEC, under the provisions of the Constitution, is mandated to hold elections in the state. Any attempt to truncate this process is a nullity,” he said.

    The judge also called on security agencies to ensure the protection of lives and property during the election.

    “It is crucial that security agencies urgently provide the necessary protection to safeguard lives and properties during the conduct of the elections tomorrow,” he ordered.

    This ruling comes after a Federal High Court in Kano, presided over by Justice Simon Amobeda, on Tuesday halted the council elections, citing the alleged illegal constitution of KANSIEC. However, the state high court’s ruling has now cleared the way for the polls to proceed as planned.

    With this decision, Kano State is poised to conduct its long-awaited local government elections, with KANSIEC ready to carry out its constitutional mandate.

    Kano Electoral Body Insists On Conducting LG Polls Despite Legal Challenges

     

  • Court reserves judgment in pro-Wike lawmakers’ suit seeking to stop Rivers funds

    Court reserves judgment in pro-Wike lawmakers’ suit seeking to stop Rivers funds

    A Federal High Court in Abuja, on Friday reserved judgment in a suit filed by Rivers House of Assembly led by Mr Martin Amaewhule, seeking to stop all allocations to the state.

    Justice Joyce Abdulmalik adjourned the judgment to a date that would be communicated to parties after the lawyers to the plaintiffs and the defence adopted their processes and argued their case for and against the suit.

    NAN that Justice Abdulmalik had earlier dismissed all objections raised by the Rivers government against proceeding with the hearing of the suit.

    The judge dismissed the applications by the state government and other defendants in the suit to stay proceedings, pending the hearing and the determination of the appeal already filed before the Appeal Court.

    The judge held that the request was frivolous, vexatious, unwarranted and mischievous.

    NAN reports that the Rivers House of Assembly and Mr Martin Amaewhule, as 1st and 2nd plaintiffs, had sued the Central Bank of Nigeria (CBN) and nine others in the suit marked: FHC/ABJ/CS/984/24.

    The plaintiffs, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15.

    They listed the CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants.

    They also joined Fubara; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State as 5th to 10th defendants respectively.

    The assembly and Mr Amaewhule sought an order of Interlocutory Injunction restraining the CBN, the commercial banks, including the AGF from honouring any financial instruction issued by Fubara regarding the state’s funds.

    However, the Rivers State House of Assembly led by Mr Oko Jumbo filed a notice of change of counsel on Aug. 6.

    The Oko Jumbo-led assembly, loyal to Gov. Fubara, had told the court that Amaewhule was not the lawful speaker of the assembly, his seat, having been declared vacant on Dec. 13, 2023 following his detection from Peoples Democratic Party (PDP) to All Progressives Congress (APC).

    The assembly , therefore, told the court that Amaewhule was not authorised to file the instant suit, hence, it had decided to change its counsel.

    “The 1st plaintiff herein has changed their counsel, J.B. Daudu, SAN of J. B. Daudu & Co., and now briefed S. A. Somiari, SAN, MCIArb (UK) of Sammie Somiari & Associates for the purposes of legal representation in this suit,” the Oko Jumbo-led assembly said.

    Justice Abdulmalik also dismissed the application for change of counsel after it was moved by Somiari.

    The judge equally dismissed the oral applications by the defence lawyers, including Femi Falana, SAN, who appeared for 7th and 9th defendants, seeking an adjournment to enable them respond to the processes served on them by the plaintiffs.

    Falana, in his argument, had told the court that he was just served a bundle of documents few minutes before the proceeding through the bailiff and that he would need more time to respond.

    Besides, Justuce Abdulmalik dismissed a motion on notice filed by Jumbo to be joined as co-plaintiff in the suit.

    The judge agreed with the plaintiffs that Jumbo was not a necessary party to the suit.

    NAN reports that Justice Emeka Nwite of a sister court had, on July 21, refused to grant the ex-parte motion moved by the plaintiffs when it was earlier assigned to him during the vacation  period.

    Justice Nwite, in a ruling on the motion ex-parte moved by Sebastien Hon, SAN, rather ordered the plaintiffs to put all the defendants in the suit on notice.

    The suit was, however, reassigned to Justice Abdulmalik after the Federal High Court resumed from vacation since Nwite was a vacation judge.

    The Rivers government had objected to hearing of the suit in Abuja but was turned down by the court.

    This prompted the state government to approach the Court of Appeal to intervene in the matter.

    The state government filed an appeal marked: CA/ABJ/CV/1197/2024 and filed a motion seeking the Federal High Court to stay proceedings until its appeal is determined.

  • Kogi Ex-Gov Bello: Court fixes date for response to summons in alleged scam case

    Kogi Ex-Gov Bello: Court fixes date for response to summons in alleged scam case

    The Economic and Financial Crimes Commission (EFCC) has sought for adjournment of hearing in its fresh charge against the ex- Governor of Kogi State, Yahaya Bello and two others, to November 14, 2024.

    At the resumed hearing, Counsel to the Commission, Rotimi Oyedepo, said the court issued a public summon against Bello, directing that same be published and that the charge be pasted.

    The trial Judge, Justice Maryann Anenih, however, interjected, stating that she did not ask that the charge be pasted, only the summons.

    Oyedepo said he expected Bello to be in court on November 14, making reference to the 30-day duration of the summons, and therefore sought for adjournment till November 14 for arraignment of the three defendants.

    Joseph Daudu and senior advocate of Nigeria, who appeared for the 2nd defendant, however, objected to this.

    He stated that the matter was for arraignment, and that they were ready, noting that the defendants were all independent and should be treated as such.

    “You cannot be using somebody as a human shield when they are not in hostage. I don’t like this practice,” he said.

    Counsel to the 3rd defendant, aligned with Daudu, he stated in the alternative that the court take his client’s application for bail.

    The EFCC Counsel, Oyedepo, however, said that the application for bail could not be taken as the charge was a joint charge.

    According to him, there are counts of conspiracy in it.

    Insisting that the court should adjourn to November 14, the EFCC lawyer notified the court that there was an application for the enforcement of fundamental rights of the 2nd defendant and that the oral application cannot be taken.

    The 2nd defendant’s counsel, Daudu, however, insisted that this negated the principles of fair hearing.

    His argument is persuasive but does not go by what the law says. That until one individual appears before they can be arraigned. I don’t understand this kind of practice.

    “It is an affront to fair hearing because the privilege of fair hearing allows us to raise any issue. Keeping them for 10 years will have no impact.

    “They have enjoyed administrative bail before with the EFCC, so it won’t hurt their pride if they give them,” he stated.

    The 2nd defendant’s counsel also asked for a date for fundamental rights application for his client.

    Though the trial judge refused the oral application for bail, she said the defendants should come formally by filling applications in writing.

    Justice MaryAnne Anenih, subsequently adjourned to 14th and 20th November for response of the 1st defendant to summons and/or arraignment.