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Tag: Court

  • Court threatens to jail DSS DG for denying Nnamdi Kanu access to lawyers

    Court threatens to jail DSS DG for denying Nnamdi Kanu access to lawyers

    A Federal High Court in Abuja on Friday issued a “notice of consequences” against the Director General of the Department of State Services (DSS), Adeola Ajayi, for contempt of court.

    The notice said the DSS boss would be jailed if he continued to disobey court orders by denying the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, access to his lawyers.

    “TAKE NOTICE that unless you obey the directions contained in this Order (see overleaf) – by allowing the Applicant’s Counsel to conduct the Court-ordered visitations with the Applicant on Mondays, Wednesdays and Fridays – you will be guilty of Contempt of Court and will be liable to be committed to prison,” the notice read.

    Commenting on the development, Kanu’s special counsel, Aloy Ejimakor, said that the notice by the court was necessitated by the DSS’s repeated disobedience of the court-ordered three days in a week visitation of Kanu by his lawyers.

    “This Notice is necessitated by the repeated disobedience of the court-ordered visitation of Mazi Kanu by the newly appointed Director-General of the State Security Services (Mr. Adeola Oluwatosin Ajayi) who has, for almost a month, not allowed Mazi Kanu’s Lawyers to visit him,” he said.

    “To be clear, this Notice is a quasi-criminal judicial process that forewarns any person disobeying a court order of the penal consequences of such misconduct.

    “Therefore, if the Director-General of DSS persists on this ignoble path, he will leave us with no other option than to commence vigorous contempt proceedings against him.”

    On May 20, 2024, Justice Binta Nyako ordered that Kanu, while in DSS custody, should be granted access to his lawyers three days a week.

    The court ordered “he is to be given a safe and clean room to be made available to the defendant at the present facility to prepare for his defence with his team of counsel not exceeding 5 in number.

    “That they should be allowed such facility that is required for the preparation of his defence and be allowed to take notes.”

     

  • Why Judgments on election matters turning Nigeria’s democracy upside down – Jonathan

    Why Judgments on election matters turning Nigeria’s democracy upside down – Jonathan

    Former President Goodluck Jonathan has expressed concern over judgements on political cases by some courts in the country, saying the situation does not give a good sign for democracy.

    Jonathan, stated this at the 67th birthday celebration of a Senior Advocate of Nigeria, Prof. Mike Ozekhome, in Abuja, described some judgements on election matters as a “cone being turned upside down”.

    Lamenting the lapses of the Nigeria’s judiciary system, the former president said, “The way things are going in this country, especially listening to the judgments being given regarding political cases, we are beginning to see that democracy in Nigeria is like a cone that is being turned upside down.

    “And if a cone is turned upside down it cannot be stable and at the slightest perturbation, it will fall. When I listened to some senior lawyers like Olisa Agbakoba making comments on some Supreme Court’s judgments, I felt very sad that the country has got to that level.”

    “If our democracy will endure, people, both at the Bar and the Bench, should not be carried away by political influence. That is the only way we can stabilise the political process.

    “I know the lawyers enjoy it because after elections there is always an avalanche of litigation, because it is like Christmas for lawyers.

    “But in most other countries, people don’t go to court, but in Nigeria, pre-election matters and post-election matters fill all the courts and it does not give a good sign for democracy.”

    “Comparing Nigeria to other African countries and those outside Africa, because I have been able to get involved in their electoral processes, it worries me.”

    Further speaking, Jonathan recounted a particular judgement which, he said, had been haunting him, “There is a particular judgment that has been haunting me and I need to mention that, luckily, I am not a lawyer, I am saying that from a layman view, it (the judgment) simply turned the cone upside down and if the courts don’t look back into this case, it will create so much instability in the political system that it would affect all of us.

    “Those who would have succeeded, their victory song will not last long, because we will all be victims. Where the court says a Ward Chairman can expel a National Chairman of a political party. This is not in line with natural justice. The law is to control human behaviour and human behaviour must follow how God created systems.

    “And, you cannot tell me that the Head of Department in a university, for example, can expel the Vice Chancellor. So, how can the Nigerian law tell me that a Ward Chairman can expel a national officer of a political party?

    “And, since that judgment has been given, as at today, it has created all kinds of instability in the party. PDP is in crisis because of that judgment. APC, at a time, was also into crisis because of that judgment.

    “I am not looking at it from a legal perspective, because I don’t know anything about the law. But when I look at how nature works, I have never seen a system where its sub-unit can discipline the top.”

    “For the PDP exactly, in the constitution of the PDP, if you are a national officer, even your state cannot discipline you, not to talk about a Ward officer, who is not a member of the NEC, the National Executive Council.”

  • Oil magnate sues EFCC for declaring him wanted

    Oil magnate sues EFCC for declaring him wanted

    Chairman/CEO of Global Signature Hotel and Total Grace Group Limited, Dr. Henry Akinduro, has filed a N5 billion lawsuit against the Economic and Financial Crimes Commission (EFCC) for allegedly declaring him wanted unlawfully.

    In the suit filed yesterday at the Federal High Court, Lagos, Akinduro submitted that the EFCC declared him wanted without any form of judicial intervention, recourse to constitutional safeguards or order of court.

    The EFCC on Friday, October 11, 2024 about 7.20pm on its official twitter handle, also known as ‘X’ declared the oil magnate ‘Wanted’. The businessman is praying the court to order the EFCC to remove his name from the wanted list published on the commission’s official website or any other related platform including Twitter (X).

    Akinduro is seeking N5 billion as “general damages”.

    On Monday, the businessman, via his counsel, Olalekan Ojo (SAN) had petitioned the Chairman of the EFCC over the unconstitutional violation of his fundamental human rights to personal liberty and human dignity by the publication of his name on the list of wanted persons on the EFCC’s website.

    Ojo averred in the petition that at all times preceding the said publication, there was no order of any court of competent jurisdiction authorising the said publication and no charge had been preferred against our client before any court.

    According to Akinduro’s lawyer, the Commission had allegedly made the said illegal or unlawful publication declaring him wanted upon the prompting or instigation of one Mr. Femi Olushakin who had earlier written a petition against the oil magnate in respect of a N240 million contractual dispute between them —Messrs Olushakin and Akinduro.

    He affirmed that disputes had arisen from the investment agreement entered into between the two men leading to Olushakin petitioning EFCC.

    “Our Client (Akinduro) was invited by the Commission on 4th June, 2024 and he immediately responded via letter dated 5th June, 2024 notifying the Commission of his unavailability due to medical reasons. In the said letter, it was stated therein that our Client was out of the Country receiving medical attention. He subsequently provided assurances that he would be present at the Commission as soon as he was medically cleared to travel. It is pertinent at this juncture to chronicle the genesis of the subject matter which led to the declaration of our Client Wanted by the Commission,” Ojo stated.

    The Counsel disclosed that there was a business transaction between Akinduro and Olushakin which was backed by a viable collateral which included Akinduro’s Global Signature Hotel worth N500 million, three (3) 60-Seater Yutong buses valued at over N240 million and a Toyota 4Runner SUV.

    Ojo claimed that Olushakin has sold the three 60-Seater Yutong buses and currently drives around the city in the Toyota 4Runner SUV which were used as collateral by Akinduro.

    “It is clear from the above that this is a purely civil business transaction with no element of criminality embedded in it. Mr. Femi Olushakin maliciously petitioned the Commission after selling the 60-Seater Yutong buses and currently using the Toyota 4runner SUV for his personal use,” he stated.

    The senior lawyer added that despite Akinduro’s medical condition overseas, he has maintained close communication with the Commission.

    He said: “Our Client regularly sends his Legal Officer to the Commission, affirming his willingness and desire to appear before the Commission upon due confirmation of his being fit to travel by his doctors. There was no further request by the Commission inviting our Client before the unlawful publication.

    “It is to be further noted that on 11 October, 2024, our Client’s Legal Officer was physically present at the office of the Commission around noon to submit a correspondence to the Commission and he also reassured the Operatives of the Commission of our Client’s desire and willingness to cooperate with the investigation by the Commission upon his arrival in Nigeria.

    “It is regrettable that despite the repeated reassurances of our Client to cooperate with the investigation upon his arrival in Nigeria, the Commission proceeded to declare our Client ‘Wanted’ later that same day at about 7.20pm without an order of Court and in the absence of a valid charge in a Court of law.

    “The Commission published our Client’s name and photograph depicting our Client as a fugitive from the law and branded him “WANTED” without any evidence of evading investigation. This action of the Commission has not only defamed our Client but also violated our Client’s right to freedom of movement without the order of the Courts.

    “The Commission has also by the unlawful publication subjected our Client to public humiliation and ridicule thus causing our Client loss of personal and business relationships as well as reputational damage. It is our instruction that since the publication, our Client has been inundated with calls, Whatsapp messages from his business associates all over the world who had read the post expressing their disgust and dismay at the defamatory publication, and the said publication has also caused our Client emotional trauma and distress.”

    Akinduro, through his lawyer, said he considered it imperatively necessary to put the records straight with a view to showing that the fraud allegations are trumped-up allegations aimed at causing incalculable damage to his hard earned but richly deserved reputation.

    “It is pertinent to state that the petition against Dr. Henry Akinduro was an ignoble attempt to criminalize purely contractual disputes that had arisen from the investment agreement between Dr. Henry Akinduro and the Petitioner, Mr. Femi Olushakin.”

    Ojo stated that the commercial or contractual disputes had earlier been referred to the competent Court by the parties before Olushakin resorted to lodging the fraud allegations against the oil magnate for reasons best known to him.

     

     

  • Court rejects Binance executive’s fresh bail plea

    Court rejects Binance executive’s fresh bail plea

    A Federal High Court in Abuja, on Friday, dismissed a fresh bail application filed by the detained Binance Holdings Limited’s executive, Tigran Gambaryan.

    Justice Emeka Nwite, in a ruling, dismissed the application on the.ground that it constituted an abuse of court process.

    Justice Nwite held that Gambaryan’s request cannot be granted when he was still challenging the earlier bail ruling at the Court of Appeal.

    The judge, who stressed that the defendant failed to withdraw his pending appeal against the earlier ruling on his bail application before filling another motion, said such act amounted to an abuse of court process.

    “There is no gainsaying on this leg alone that this application is bound to fail,” he said.

    He further held that Gambaryan had not shown to the court that the Nigerian Correctional Service (NCoS) had no enough facility or had failed to take care of his ill-health.

    “Therefore,  the facts before the court have shown that the Nigerian Correctional Service has the capacity to treat the second defendant,” he said.

    The judge, however, ordered the NCoS to refer Gambaryan to any standard hospital in Abuja for  a period of two to three days.

    He subsequently adjourned the matter until Oct. 18, Nov. 22 and Nov. 25 for continuation of trial

    Justice Nwite had fixed today for the ruling on the second bail application due to his absence  in court on Wednesday.

    NAN reports that counsel to the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho, SAN, had, on Sept. 4, vehemently opposed the bail application moved by Mark Mordi, SAN,  on Gambaryan’s behalf.

    Iheanacho, who argued that the Binance executive was being given the best medical treatment by the Nigerian Correctional Service (NCoS), alleged that Gambaryan, at one time, rejected the medical intervention by the State House Clinic in Abuja

    The lawyer drew the attention of the court to the State House Clinic’s medical report.

    He stated that inspite of  that Gambaryan’s ill-health was not as worse as it was being portrayed, the report showed that the defendant was dissatisfied with the medical attention being offered and rejected it.

    The anti-graft agency’s lawyer urged the court to dismiss the fresh application.

    He explained that the National Security Adviser (NSA), Nuhu Ribadu, wrote to the management of the NCoS, requesting Gambaryan’s medical records.

    He said that a response from the NCoS was received by the NSA on Aug. 29 with the attached report of Nizamiye Hospital, among others.

    According to him, the report indicated that Mr. Gambaryan has been receiving adequate medical care from the NCoS and has been taken to several hospitals, including the State House Clinic.

    Iheanacho insisted that NCoS had the capacity to take Gambaryan to any hospital in Nigeria, adding that surgeons cannot force a surgery on the defendant without his consent.

    He said Gambaryan “cannot suddenly become sick,” as is allegedly commonplace with some suspects facing trial.

    Earlier, Mordi had prayed the court to admit his client to bail on liberal terms, or alternatively, to admit him to bail for six weeks on the basis of ill-health.

    He argued that though the EFCC purportedly denied Gambaryan had a serious health issue, the exhibits, including the medical reports, showed that he needed medical care.

    The lawyer argued that Gambaryan’s health challenge cannot be adequately managed in Nigeria.

    The anti-graft agency is prosecuting Binance Holdings Limited and Gambaryan on four-count money laundering charge.

  • BREAKING! Court dumps Fubara’s appeal, recognizes Amaewhule as Speaker of Rivers

    BREAKING! Court dumps Fubara’s appeal, recognizes Amaewhule as Speaker of Rivers

    The Court of Appeal sitting in Abuja, on Thursday, affirmed Hon. Martin Amaewhule as the Speaker of the Rivers State Assembly.

    The appellate court, in a unanimous decision by a three-member panel of Justices, equally validated the Amaewhule-led members of the Assembly as bonafide lawmakers for the state.

    The Court of Appeal sitting in Abuja, on Thursday, affirmed Hon. Martin Amaewhule as the authentic Speaker of the Rivers State Assembly.

    The appellate court, in a unanimous decision by a three-member panel of Justices, equally validated the Amaewhule-led members of the Assembly as bonafide lawmakers for the state.

    The court held that governor Fubara’s decision to present the 2024 Rivers State Appropriation Bill to only four out of 31 members of the Assembly, amounted to a gross violation of section 91 of the 1999 Constitution, as amended.

    It will be recalled that the Rivers State Assembly was fractionalised owing to the frosty relationship between Governor Fubara and his predecessor and Minister of the Federal Capital Territory, FCT, Nyesom Wike.

    Whereas Governor Fubara, in line with terms of the peace deal, withdrew all the processes he filed to challenge the suit, however, the pro-Wike lawmakers only withdrew an impeachment notice they served on him while they declined to terminate their legal action.

    While deciding the suit, Justice James Omotosho of the high court held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly as required by the law.

    It held that Governor Fubara acted like a tyrant when he demolished the Rivers State Assembly complex and withheld funds standing to the credit of the legislative house.

    The court also described as unconstitutional, the redeployment of the Clerk and Deputy Clerk of the Rivers State Assembly by Governor Fubara.

    Justice Omotosho stressed that the governor lacked the statutory rights to interfere with the operations of the Assembly, adding that he acted in contempt of a subsisting order that barred the parties from taking any steps to overreach the matter that was pending before the court.

    Besides, the court held that the National Assembly could not take over the legislative affairs of the state in the absence of the preconditions that were listed under section 11 of the 1999 Constitution, as amended.

    Consequently, the court, among other things, nullified all actions the Rivers Assembly took without the participation of the Amaewhule-led members of the House, among which included the presentation of the state appropriation bill.

    It issued an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its speaker.

    It ordered the governor to release all funds standing to the credit of the Rivers State House of Assembly.

    While upholding the verdict of the lower court, the appellate court held that Fubara conceded to the Amaewhule-led lawmakers when he withdrew all the processes he filed against their suit.

    “A party must be consistent in the presentation of its case. A party cannot approbate and reprobate or blow hot and cold at the same time,” the appellate court held.

    It held that the orders of the trial court were appropriate given the circumstance of the case, saying the appeal Fubara filed before it amounted to an academic exercise.

    Accordingly, it ordered Fubara to pay a cost of N500,000 to each of the Respondents in the appeal marked: CA/ABJ/CV/133/2024.

  • Armed robbery: 3 to die by hanging in Ekiti

    Armed robbery: 3 to die by hanging in Ekiti

    Ekiti State High Court sitting in Ado-Ekiti has sentenced three persons to death by hanging for armed robbery and conspiracy.

    The convicts are Alexander Solomon (29), Desmond Peter (29), Eric Tile (30). The fourth defendant Promise Shie (27) was discharged and acquitted for lack of evidence.

    The three were convicted for armed robbery and unlawfully possessed firearms on July 7, 2022 along Ilumoba-Aisegba Ekiti Road, Aisegba-Ekiti.

    Justice Bamidele Omotoso said, ” I hold that the prosecution has proved beyond reasonable doubt the offence of conspiracy, armed robbery and unlawful possession of firearms against the 1st, 2nd and 3rd defendants.

    Omotoso said, consequently, “for the offence of conspiracy and armed robbery, you are all sentenced to death by hanging, may the Lord have mercy on your souls.”

    He, however, discharged and acquitted the 4th defendant (Promise Shie) since the prosecution failed to establish any of the offences against him.

    The convicts were arraigned on four counts charge bordering on conspiracy, armed robbery and unlawful possession of firearms.

    The prosecutor, Gbemiga Adaramola told the court that the offence contravened Sections 6(b), 1(2) and 3(1) of the Robbery and Firearms (Special Provisions), Act., Cap. Rll, Vol. 14, Laws of the Federation of Nigeria, 2004.

    He said that the convicts, armed with guns, robbed one Okey Jude and Jayeoba Ayobami of laptops, phones, N540,000 cash, among others.

    To proof his case, the prosecutor called four witnesses and tendered two guns, phones, laptops, cutlass, axe, face masks, among others, as exhibits. The convicts spoke in their defence through their respective lawyers but called no witnesses.

  • Just in: Obi floored as Court confirms Abure LP’s national chairman

    Just in: Obi floored as Court confirms Abure LP’s national chairman

    Embattled national chairman of Labour Party, Julius Abure has won judicial affirmation of his occupancy of the office following the validation of his leadership by Justice Emeka Nwite of the Federal High Court, Abuja.

    The judicial editor also reports that the court also validated the March 2024 national convention in Nnewi, Anambra State that returned the present national exco headed by Abure.

    Justice Nwite in his ruling also directed the Independent National Electoral Commission, INEC to recognise the Abure leadership despite the absence of the Commission’s observers at the Nnewi convention.

    This development is a political blow foe Labour Party leader, Peter Obi who had given support for the emergence of the Senator Nenadi Usman national Caretaker Committee.

    Details Later.

  • Court Bars EFCC from investigation in 10 states of the federation

    Court Bars EFCC from investigation in 10 states of the federation

    The Chairman of the Economic and Financial Crimes Commission, Olanipekun Olukoyede has said that the Economic and Financial Crimes Commission (EFCC) is unable to carry out investigations in 10 states in Nigeria, as a result of court orders restraining it.

    Olukoyede revealed this at the ongoing 6th EFCC-NJI Capacity Building Workshop For Justices and Judges held at the Conference Hall of the National Judicial Institute in Abuja.

    The EFCC Chair described the workshop theme “Integrating Stakeholders in Curbing Economic and Financial Crimes,” as apt.

    Although Olukoyede did not disclose the states involved, he, however, lamented that the EFCC’s activities have continued to be impeded by court orders restraining it from carrying out its investigation.

    According to him, among the plethora of issues bothering the EFCC are the frequent adjournment of high-profile cases by courts, contempt orders and undue reliance on technical grounds.

    He further said a situation where suspects rush to court to obtain restraining orders against the EFCC from arresting them, must be discouraged by courts.

    While acknowledging the infallibility of the EFCC, Olukoyede noted that the commission has taken some steps to reform its processes of investigation in accordance with the provisions of the law.

  • Lawyer proffers solution to conflicting court judgments

    Lawyer proffers solution to conflicting court judgments

    A legal practitioner, Chief Bolaji Ayorinde, has advocated for technological solution to the menace of conflicting court judgments.

    Ayorinde told newsmen in Ibadan on Saturday that every court decision or judgment throughout the country should be uploaded into a central system which all judges could access.

    He said this would give every judge the opportunity of prior knowledge on any case brought before him.

    ”This will help him or her know if the same parties have been in another court and on which matter an order has been made”.

    Ayorinde also suggested that anybody found wanting in the delivery of conflicting court judgments should be penalised, saying the menace is an aberration that makes the law so uncertain.

    “As a lawyer, I should be able to read a document, read the facts and predict 99 per cent that this is the way the law will go.

    “Conflicting judgments are very bad, and they only lead to anarchy and chaos.

    “Imagine two different parties getting two different judgments on the same case, with one having his own judgment in his pocket and the other having his own judgment in his pocket.

    “Both (parties) will then go and call police and chaos will ensue. That’s t’s not good for administration of justice.

    “However, as much as we complained, we still have judges who toil day and night, sometimes in non-conducive circumstances, to deliver judgment and justice,” he said.

    The lawyer then urged the judiciary arm of government to make an effort to rebrand itself.

    Speaking on Nigeria’s 64th independence anniversary, Ayorinde opined that “Nigeria as a country has not met its potential.

    “Potentially we have not done very well. But that’s not to say there is no hope. However, before we can realise that hope, certain things must be in place.

    “So, we must look at our polity. We remain as a nation, but we must be restructured.

    “We must empower the regions to enable us have a very strong and unified outlook in the centre, and the regions should be allowed to develop at their pace.

    “So, I’m calling for a total restructuring of the nation’s political economy, so that generations coming after us will enjoy the benefits of a proper country,” he said.

  • Tunisia: Court upholds jail term for presidential candidate

    Tunisia: Court upholds jail term for presidential candidate

    A Tunisian court has confirmed an imprisonment sentence earlier handed down to a presidential contender ahead of elections scheduled for Sunday in the North African country.

    The appeals court in the city of Jendouba in western Tunisia had upheld the 20-month jail sentence against detained presidential candidate Ayachi Zammel, his lawyer said.

    The ruling can be appealed and will not affect Zammel’s candidacy, his lawyer said.

    Last month, a lower court issued the sentence against Zammel, a businessman and the head of the liberal Azimoun party, on charges of falsifying electoral endorsements.

    The Oct. 6 polls are pitting incumbent President Kais Saied against Zammel and Zouhair Maghzaoui of the leftist nationalist People’s Movement.

    Serious challengers to Saied, who is seeking a second term in office, have been excluded, according to observers.

    The election commission has recently refused to reinstate three more presidential hopefuls who won court appeals to run for president.

    Critics have accused the panel of lacking in independence and clearing the way for Saied to win, accusations that the panel has denied.

    The vote will take place “against a backdrop of increased repression of dissent, muzzling of the media, and continued attacks on judicial independence,” Human Rights Watch said last month.

    Since 2021, Saied has consolidated his power by dissolving the parliament and calling early elections, steps that the opposition called a “coup.”