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Tag: Court

  • Just in: Sen Abaribe begs court to discharged him as Nnamdi Kanu’s surety

    Senator representing Abia South Senatorial District, Enyinaya Abaribe, has begged that the court discharge him from the suretyship, bond, and recognizance of the bail of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

    In an application filed against the Federal Government, Nnamdi Kanu, and his co-defendants, Senator Abaribe is asking the court to make an order discharging him as surety to Abaribe prayed the court to discharge him entirely from the incidence of bail of Kanu.

    He is also asking for a discharge of the bond used for Kanu’s bail and a refund of N100 million or any other bond paid to the court sequel to the bail.

    The grounds upon which Senator Abaribe sought the reliefs include that the Nigerian army during a raid at the residence of the IPOB leader engaged in a fracas with members of the group which has been proscribed by the federal government.

    Abaribe said since the raid by the Nigerian Army, the first defendant has not been seen or reached.

    He also said Kanu is yet to make any public appearance or any statement since the raid.

    Abaribe said: “Since the afore stated visit of the Nigerian Army to the residence of the first defendant from September 11, 2017, the second respondent in this suit has not been seen again nor reached on phone the applicant neither is he reported in any news media as seen by any person nor made any statement on any issue.”

    The Senator said since September 20, the report in the media is that the first respondent (Federal Government) has proscribed IPOB an organization led by Kanu and declared the organization a terrorist organization.

    He said security agencies of the Federal Government are interested in the second respondent.

    “The activities of the Nigerian Army as affecting the first respondent are matters of state secret incapable of being unravelled by the applicant which activities has put the second respondent out of the reach of the applicant such that the applicant cannot reasonably be expected to produce the second respondent before this court at any subsequent date.

    The applicant lacks capacity to produce a person stated by the first respondent to be ma member of a terrorist organization or any person who the first respondent is reported to be interested in his whereabouts in the aftermath of the military operation in Abia state,” Abaribe said in his application.

    Senator Abaribe, a Jewish Rabbi and traditional ruler stood as surety for the IPOB leader in August when he was granted bail by Justice Binta Nyako of the Federal High Court.

    The surety and bond of N100 million each which was made available by Senator Abaribe and the two others helped in the release of Kanu from the Kuje Prison in Abuja where he was being held for over a year.

    Kanu and his co-defendants, Benjamin Madubugwu, David Nwawuisi and Chidiebere Onwudiwe are facing criminal trial of treasonable felony, conspiracy, and concealing of good imported into the country.

    As at the filing of this report the application though before justice Binta Nyako is yet to be heard.

  • BREAKING: Kanu absent, co-defendants arrive court

    Three of the co-defendants facing charges of treasonable felony against the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, have arrived the Federal High Court in Abuja.

    They were brought to court by prison officials at about 10am on Tuesday.

    However, Kanu, whose lawyers said was last seen on September 14, 2017 following a military operation in his hometown in Abia State, is absent from court as Justice Binta Nyako is now set to commence proceedings.

    His co-accused already in court are the National Coordinator of IPOB, Mr. Chidiebere Onwudiwe; an IPOB member, Benjamin Madubugwu; and a former Field Maintenance Engineer seconded to the MTN, David Nwawuisi.

    But Bright Chimezie, who became a co-defendant in the case following an amendment of the charges was also absent.

    Kanu was on bail before he was declared missing.

    Announcing his appearance on Tuesday, Kanu’s lawyer, Mr. Ifeanyi Ejifor, told the judge that the IPOB leader was still in the custody of the Federal Government.

  • Sack Buhari as petroleum minister, Agbakoba tells court

    Former President of Nigeria Bar Association, NBA, Chief Olisa Agbakoba (SAN), has approached a Federal High Court in Abuja to restrain President Muhammadu Buhari from continuing to perform the functions of the Minister of Petroleum Resources.

    Agbakoba noted that Section 138 of the 1999 Constitution forbids the President from “holding any other executive office or paid employment.”

    The former NBA president also accused President Muhammadu Buhari of not appearing before the Senate for proper screening as required by the constitution.

    Agbakoba urged the court to determine “whether, by virtue of Section 147(2) of the 1999 Constitution, the President can hold the office of the Minister of Petroleum Resources, without confirmation by the Senate of the National Assembly?”

    He said as a legal practitioner with 40 years experience and having checked the Constitution, he was convinced that the Buhari cannot legally hold the office of the Minister of Petroleum Resources and thus urged the court to sack him.

    In a 14-paragraph affidavit, which he personally deposed to in support of his suit, Agbakoba explained that the lawsuit was informed by the recent management crisis which engulfed the Nigerian National Petroleum Corporation, on account of disagreements between the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and the Group Managing Director of the NNPC.

    “I verily believe that the governance chaos in the NNPC could not have occurred if the President is not also the Minister of Petroleum Resources,” Agbakoba said.

    “I am aware that the NNPC provides up to 90 percent of the revenue accruing to Nigeria.

    “I am worried that the crisis in the NNPC will greatly reduce Nigeria’s revenue-generating capacity and will affect the revenue distributable to federal, state and local governments in Nigeria. This will gravely affect development nationwide and drastically impact one and all Nigerians including those in Anambra State (my state of origin) and Lagos State (my state of residence).

    “I looked at Section 138 of the 1999 Constitution and I verily believe it disqualifies the President from holding executive office including that of the Minister of Petroleum, during his tenure of office as President.

    “I also know that the President did not go through nomination process and confirmation by the Senate, before holding the office of Minister of Petroleum Resources

    “I again looked at Section 147(2) of the 1999 Constitution and I verily believe it prohibits anybody from holding the office of a Minister of the Federation, without confirmation by the Senate,” Agbakoba said.

    The respondent in the suit is the Attorney General of the Federation.

    The court has yet to fix any date for hearing.

  • Court orders interim forfeiture of N1.96bn linked to Ontario Oil

    A Federal High Court in Lagos has ordered the interim forfeiture of N1.96 billion allegedly belonging to an oil company, Ontario Oil and Gas, over the alleged fraudulent sale of refined petroleum.

    Justice Hadiza Shagari, issued the order, following an ex parte application filed by the Economic and Financial Crimes Commission (EFCC) seeking attachment of the funds.

    “That the property mentioned in paragraphs nine of the affidavit viz, Renoir Logistics Ltd currently under investigation be interim attached/forfeited pending the determination of the investigation and possible prosecution of the case.

    “That the said property attached/forfeited, ad-interim be managed and controlled by the EFCC,’’ the judge held.

    In the suit labeled FHC/L/CS/1464/17, the commission joined as first and second respondents respectively, Ontario Oil and Gas Ltd, and Mrs Ada Ugo-Ngadi, Managing Director of the company.

    An affidavit of urgency elicited by an investigating officer of the EFCC, Mr Abdukarim Acheneje in support of the ex parte motion, chronicles as follows:

    “That the EFCC received a petition from Ms Joan Ganadanu, a legal practitioner, against the second respondent, complaining of diversion and conversion of proceeds of sale of refined petroleum products valued at N1.96 billion.

    “That the petition alleged that the first respondent is a customer to Union Bank Plc, of Stallion Plaza branch, Marina Lagos.

    “That union bank granted a loan facility to the first respondent in the tune of 70 million US dollars to import and/or purchase locally refined petroleum products PMS, DPK and AGO.

    “That the loan was to be repaid from sale of the products and the second respondent guaranteed repayment of the said loan personally.

    “That further investigation revealed that the respondent have lifted the product on the order financed by the bank for 10,000 metric tons of AGO, since July 2016.

    “That the respondent have sold same, but have refused to lodge the proceeds in the company’s account, and pay back the facility to union bank among other financial infractions.”

     

    NAN

  • N2.6bn NIMASA fraud: “You have case to answer” court tells ex-DG, Akpobolokemi, others

    A Federal High Court Lagos, on Monday, overruled a no case submission by former Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, charged with N2.6 billion fraud.

    The Economic and Financial Crimes Commission (EFCC) had on Dec. 4, 2015, arraigned Akpobolokemi alongside five others, for allegedly diverting N2.6 billion from the coffers of NIMASA between December 2013 and May 2015.

    EFCC claimed the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

    Also charged along with Akpobolokemi are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.

    The accused had pleaded not guilty to the 22 charges pressed against them.

    The prosecution had then opened its case and during trial, called a total of 12 witnesses and tendered 77 exhibits in a bid to establish its case.

    After the prosecution closed its case, the accused, through their lawyers, filed no-case submissions, contending that the prosecution failed to established a prima facie case against them to warrant their entering any defence.

    They had urged the court to uphold the no case submission and discharge the accused.

    Delivering his ruling on Monday, the trial judge, Justice Ibrahim Buba noted that a plethora of cases had been cited by learned counsel in arguing their application for a no case submission.

    Buba, however, pointed out that in delivering ruling on such no case submission the court is enjoined to keep its ruling as short as possible.

    He said:“There are a plethora of cases listed by counsel, but the court is enjoined not to write its ruling as if it is writing its final judgment, but must keep its ruling as short as possible”.

    Buba held that the charge was before the court and its ingredients are clear.

    “The court, therefore, cannot see the fuse in the argument that the prosecution has not made out a prima facie case against the defendants.

    “When a judge is faced with a ruling on a no case submission, it is permissible for the ruling to be brief and simply read: “you have a case to answer.

    “Consequently, the no case submission fails and is hereby overruled”.

    The court, therefore, adjourned the case to Oct. 30, Nov. 7 and Nov. 9 for the defence to open its case.

    The News Agency of Nigeria (NAN) reports that in arguing Akpobolokemi’s no-case submission, his lawyer, Mr Joseph Nwobike (SAN), had contended that the EFCC failed to link his client with the alleged diversion of funds from NIMASA.

    He added that his signature to such effect was never shown to the court, as such the first accused could not be held liable because he did not approve the security project and money disbursed.

    Nwobike had also described the evidence given against the accused by prosecution witness, as mere hearsay with no legal weight.

    He, had therefore, urged the court to come to the conclusion, that the first accused cannot be called upon to enter any defence, because no prima facie case had been established against him.

    Other defence counsels had also made their arguments on their no case submission.

    In response, the prosecutor, Mr. Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses and 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.

    He had argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could not by any stretch of imagination, claim to be innocent.

    The prosecutor had further argued that even if it was the former president that approved the security project, Akpobolokemi was the head of NIMASA at the time, and constituted a committee to handle the project and also approved its funds.

    He further submitted that the prosecution had established that, rather than its intended purpose, the funds were illegally converted to the personal use of the accused.

    In the 22 count charges, the EFCC alleged that the accused induced the Federal Government to approve and deliver to NIMASA the sum of N795 million under false pretence and that the sum represented the cost for the implementation of the Security Code in Nigeria.

    The alleged offence contravened the provisions of Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

     

     

    NAN

  • NGF’s Paris/London Club loan: Court orders interim forfeiture of N1.4b to FG

    The Federal High Court sitting in Lagos on Friday ordered the temporary forfeiture of N1.4bilion, being part of Paris/London Club loan, to the Federal Government.

    The Economic and Financial Crimes Commission (EFCC) said N1, 442,384,857.84 was fraudulently obtained from the states through the Nigerian Governors Forum (NGF).

    Justice Mojisola Olatoregun made the order based on an ex-parte application filed by the EFCC through its lawyer Mr Ekene Iheanacho.

    The court directed the commission to advertise the order in a newspaper for any interested person to show cause as to why it should not be permanently forfeited within 14 days.

    Melrose General Services Limited, WASP Networks Limited and Thebe Wellness Services are the respondents.

    EFCC’s investigator Usman Zakari stated in an affidavit that on May 26, last year, the NGF engaged GSCL Consulting and Bizplus Consulting Services Limited.

    He said the “GSCL Bizplus Consortium” was hired to verify, reconcile, and recover excess deductions on the loans from the accounts of states and local government areas (LGAs) between 1995 to 2002.

    The Consortium was said to have recovered $6, 483, 282, 424. 61, as the sum to be refunded to the states.

    The Consortium submitted an August 31, 2016 report showing a breakdown of the states’ debt profile and over-deductions to the Minister of Finance.

    Subsequently, the President approved an initial payment of $1,730,930.53 to the states.

    Zakari said in line with the governors’ request, the Ministry of Finance, through the Central Bank of Nigeria (CBN), paid $86,546,526.65, and N19,439,225,871.11 (representing five percent of the approved initial Paris and London Club refund) into NGF’s GTBank Plc and Access Bank Plc accounts, purportedly to defray consultancy and incidental expenses.

    The N19, 439, 225, 871.11 was paid into the Access Bank account on December 8, 2016; on December 14, 2016, the NGF paid N4,389, 207, 099 .05 to the consortium as part of agreed consultancy fee, Zakari said.

    According to him, Melrose General Services, whose alter ego is Robert Mbonu, was never engaged by the NGF for any consultancy services in relation to the Paris and London Club loan refund.

    Zakari alleged that Melrose General Services allegedly recopied and misinterpreted the consortium’s work to the NGF for payment.

    He said the firm was paid N3.5 billion by the NGF on December 14, 2016.

    Zakari said between December 15, 2016 and January 20, 2017, Melrose General Services moved out about N2, 277,615,142 from its account out of the N3.5billion, leaving a balance of N1,222,384,857.84, before EFCC intervened.

    The operative said N220million was voluntarily returned by the firm.

    He, therefore, urged the court to make an order for a temporary forfeiture of N1,222, 384, 857. 84 in Melrose General Services’ Access Bank account and the recovered N220 million.

    Justice Olatoregun adjourned until October 30.

     

  • Terrorism: Court jails 45 Boko Haram members, frees 468

    A Federal High Court sitting in Kainji, Niger State, has sentenced 45 Boko Haram members to between 3 and 31 years in jail, and also freed 468 suspects.

    The jailed men were among the 575 Boko Haram suspects arraigned under the first phase of the mass trial of the suspects.

    Minister of Information and Culture, Alhaji Lai Mohammed, said the Kainji court also struck out 34 cases while 28 suspects were remanded for trial in Abuja and Minna.

    The Court ordered that the 468 discharged persons should undergo deradicalization and rehabilitation programmes before they are handed over to their respective state governments.

    The trial commenced with the formal remand by the Court of 1,669 suspects for a period of 90 days, with the Court ordering that they be arraigned within the specified period or released unconditionally.

    The Court adjourned the trial of other suspects to January 2018

     

    NAN

  • South African court upholds ruling reinstating corruption charges against Zuma

    South Africa’s Supreme Court of Appeal on Friday upheld a ruling by the High Court that reinstated corruption charges against President Jacob Zuma.

    Zuma approached the court seeking to have a Pretoria High Court judgment in April 2016 that ordered a review of a decision by the National Prosecuting Authority (NPA) to set aside the 783 corruption charges against him.

    That decision allowed Zuma to run for president in 2009.

    State prosecutors set aside the charges in April 2009, paving the way for Zuma, who has faced and denied numerous corruption allegations made since then, to run for president later that year.

    In his decision to reject their appeal, Judge Lorimer Leach said it was “irrational” for the NPA to have set the charges aside.

    The NPA has responsibility for deciding whether to reinstate the charges, which relate to a 30 billion rand ($2 billion) government arms deal arranged in the late 1990s. It was unclear when such a decision might be taken.

    It was also not immediately clear if Mr. Zuma would approach the Constitutional Court to try to set aside the Supreme Court’s ruling.

    The NPA would need to consider the judgment, spokesman Luvuyo Mfaku said, adding it would “at all times do the right thing within the confines of the rule of law and in the interest of proper administration of justice.”

    The rand extended gains against the dollar after the Supreme Court’s ruling, which was unanimous.

    “It is difficult to understand why the present regime at the NPA (National Prosecuting Authority) considered that the decision to terminate the prosecution could be defended,” Judge Leach said.

    The focus of the corruption allegations that Zuma has faced since taking office has been on leaked emails pointing to the Gupta family, business friends of the president, using their influence to secure lucrative state contracts for their companies.

    Reuters has not independently verified the emails, and Mr. Zuma and the Guptas have consistently denied wrongdoing.

    NAN reports that during arguments at the Supreme Court of Appeal in September, Zuma conceded at the 11th hour that the decision to withdraw the charges was irrational‚ as the High Court had ruled.

    Zuma wanted the opportunity to make fresh representations before the NPA decided to recharge him.

    That would leave the decision in the hands of NPA boss Shaun Abrahams‚ who is seen as a Zuma ally.

    The decision to drop the corruption charges against Zuma was taken in April 2009 by then acting national director of public prosecutions Mokotedi Mpshe.

    The decision was based on what became known as the spy tapes – recordings and telephone conversations that apparently showed political interference in the decision to charge Zuma.

    The day after Mpshe’s announcement‚ the charges were withdrawn against Zuma in the High Court in Durban.

    In 2010‚ Zuma was sworn in as president of the country.

    In April 2016‚ the High Court in Pretoria ruled that the NPA may reinstate the 783 charges against Zuma.

     

     

    Reuters/NAN

  • Court slams N15 million damages against 9mobile over infringement on private property

    A Jos High Court on Tuesday found Etisalat Nigeria (9 Mobile) guilty of trespassing into a personal property and ordered it to pay N15 million damages.

    The judge, R.K. Sha, ordered that the plaintiff be given the property.

    The judgment was based on a suit filed by Christ Best West Africa Ltd, the plaintiff, against Emerging Markets Telecommunication Services Limited (Etisalat Nigeria now 9Mobile).

    Sha said that the act of running and maintaining the mast on the property amounted to trespass and constituted a nuisance to the rights of the plaintiff to exclusively use and enjoy the property.

    The judge ordered that the mast be dismantled and removed and awarded N15 million damages to the plaintiff considering the amount of discomfort and annoyance that must have resulted from the defendant’s act of trespass.

    In the suit filed on October 14, 2013, the plaintiff said that the defendant trespassed into his property on 15 Hausa Road at Ku Mark West of Mines in Jos Local Government Area.

    It urged the court to declare 9Mobile mounting its telecommunication mast, electricity generating sets and the steel perimeter fence on the property illegal.

    The plaintiff also urged the court to declare the entire development of the property a nuisance and order a restoration of the property to him.

    It prayed the court for a mandatory order of injunction directing and compelling Etisalat to dismantle and remove the mast and other installations on the property.

    The plaintiff also prayed the court to award it N50 million as special damages against the defendant.

    The plaintiff’s counsel, A. I. Okafor, told the court that his client acquired the land in 2010, from the Olagbemiro’s family and processed the Right of Occupancy in 2011.

    Okafor said that the defendant entered the land and erected a mast illegally and thereby obstructed movement on the premises.

    “Many tenants refused to pay their rents as a result of the disturbances from the mast and prospective tenants were deprived thereby causing loss of enormous amounts of revenue from the property,” he said.

    Okafor said Nigeria Communications Commission inspected the site and confirmed that the mast was wrongly erected and a nuisance to the people.

    The defendant’s counsel, Great Nnamani, however, said that his client had a lease agreement on the piece of land for the purpose of erecting its telecommunication mast, base station and equipment.

    Nnamani said a search was conducted and it was found that one Mai Iliya, the District Head of Jenta Adamu Village in Jos North Local Government Area, issued a letter confirming ownership of the land.

     

  • Produce Evans’ brother-in-law, Court orders Police

    The Federal High Court in Lagos has ordered the police to bring before it one Mr. Okwuchukwu Obiechina said to be the brother-in-law of alleged kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.

    Justice Mohammed Idris, who made the order, said Obiechina must be brought before him on Thursday, October 12.

    The order was pursuant to a suit filed by Obiechina, praying the court to order his release from police detention.

    His lawyer, Olukoya Ogungbeje, said Obiechina had been detained by the police since June 2 in connection with the kidnapping case of his brother-in-law, Evans.

    The suit, marked FHC/L/CS/1050/20177, has Obiechina and his wife, Nzube, who is Evans’ sister, as plaintiffs.

    They sued the Commissioner of Police, Lagos State; the Nigeria Police Force; and the Special Anti-Robbery Squad, Lagos State Police Command.

    Ogungbeje had on Friday appeared before Justice Idris with an ex parte application, praying the court to order the police to free Obiechina.

    But rather than granting the ex parte application, Justice Idris directed the lawyer to put the police on notice, with an order that the police must produce Obiechina before him on October 12 to show cause why the order for his immediate release should not be made.