TheNewsGuru

Tag: Court

  • TSA: Court orders remittance of ‘N249.6b hidden in seven banks for unknown govt officials’

    A Federal High Court in Lagos on Thursday ordered seven Nigerian banks to remit to the Federal Government $793,200,000 (about N249,659,700,000.00) allegedly hidden with them in breach of the Treasury Single Account (TSA) policy.

    A vacation judge, Justice Chuka Obiozor, made the interim order following an ex parte application by the office of the Attorney-General of the Federation (AGF).

    The judge warned that the remittance order would be made permanent on August 8, unless cause was shown why it should not.

    The AGF, through his counsel, Prof. Yemi Akinseye-George (SAN), accused the commercial banks of illegally keeping the sums in their custody for “unknown government officials”.

    Justice Obiozor ordered the banks to remit the money to the designated Federal Government’s Asset Recovery dollars account domiciled with the Central Bank of Nigeria (CBN).

    The banks are United Bank for Africa (UBA), Diamond Bank Plc, Skye Bank Plc, First Bank Limited, Fidelity Bank Plc, Keystone Bank Limited and Sterling Bank Plc.

    According to court processes filed by Akinseye-George (SAN), $367.4m was hidden by three government agencies in UBA; $41m was kept in a National Petroleum Investment Management Services (NAPIMS) fixed deposit account with Skye Bank.

    The documents stated that $277.9m was in Diamond Bank, $18.9m in First Bank, $24.5m in Fidelity Bank, $17m in Keystone Bank, and $46.5m in Sterling Bank.

    The AGF’s application was supported by a 15-paragraph affidavit deposed to by a lawyer from Akinseye-George’s law firm, Vincent Adodo.

    Adodo averred that the banks colluded with Federal Government officials to hide the funds in breach of the TSA policy.

    The funds, he stated, were revenues, donations, transfers, refunds, grants, taxes, fees, dues, tariffs etc accruable to the Federal Government from ministries, departments, parastatals and agencies.

    Adodo said the banks failed to remit the funds to the TSA domiciled in the CBN in violation of the guidelines issued by the Accountant-General of the Federation, which fixed September 15, 2015 as the deadline for such funds to be moved.

    “The 1st to 7th respondents (banks), in collaboration with and/or collusion with unknown officials of the Federal Government, conspired to disobey the relevant constitutional provisions, thereby depriving the Government of the Federal Republic of Nigeria of funds belonging to it, which are needed urgently to fund pressing national projects under the 2017 budget,” Adodo said.

    Among the allegedly culpable government agencies is the National Petroleum Developing Company (NPDC).

    Moving the ex parte application yesterday, Akinseye-George said it would best serve the interest of justice for Justice Obiozor to order the banks to remit the funds to the Federal Government, to prevent the funds from being moved or dissipated.

    “The withheld funds are urgently required for the implementation of the 2017 budget. The budget has a lifespan of 12 months and we are already in the middle of the year.

    “By hiding these hidden funds, the Federal Government is being forced to borrow money from these commercial banks at exorbitant interest rates,” Akinseye-George added.

    After listening to the SAN, Justice Obiozor granted the interim orders.

    He directed that the order should be published in a national daily newspaper.

    The judge adjourned till August 8 “for anyone interested in the funds to appear” before him “to show cause why the interim orders should not be made permanent”.

     

  • INEC asks court to vacate order halting Dino Melaye’s recall

    The Independent National Electoral Commission, INEC, on Thursday asked the Federal High Court, Abuja, to set aside an earlier order of the court, suspending the recall of Sen. Dino Melaye (APC-Kogi).

    TheNewsGuru.com reports INEC commenced Melaye’s recall following the receipt of a petition from members of his constituency demanding that he be recalled.

    Melaye, however, approached the court, seeking an order stopping INEC from going ahead with the process, pending the determination of a suit he filed challenging his recall.

    Melaye had in the suit alleged irregularities and fraud in the petition.

    In the application which was argued by his lawyer, Mr Mike Ozekhome (SAN), he submitted that the signatories in the petition were fake, fictitious and concocted.

    He added that some of the signatures were of dead members of his constituency.

    In his ruling, Justice John Tsoho, ordered parties to maintain status quo, pending the determination of the matter.

    He adjourned further hearing until Sept. 29.

    INEC, however, applied that the matter be heard before a vacation judge.

    When the matter came up on Thursday, counsel to INEC, Mr Sulayman Ibrahim, informed the court of an application seeking to set aside the ex-parte order made by the court on July 6, to maintain the status quo.

    He also informed the court of another application, seeking accelerated hearing of the matter during vacation.

    In the application seeking the vacation of the ex-parte order, the electoral body argued that the order violated its right to fair hearing as enshrined in Section 36 of the 1999 Constitution.

    The commission further argued that the order was against its time-bound constitutional duty, which is the time frame stipulated by law to carry out a recall.

    In an affidavit deposed to by one Paave Demenongo, the commission claimed that it was not heard before the ex-parte order was made.

    It also claimed that since it received the order on July 10, it had been unable to take action on the recall process, notwithstanding the fact that time was of essence in carrying out its duties.

    “The defendant/applicant has 90 days from June 21 to conduct referendum in line with the approved time table and schedule of activities for the recall of the senator representing Kogi West Senatorial District of Kogi.

    “The period of 90 days will elapse on Sept. 18.”

    The affidavit further stated that Melaye would not be prejudiced if the application to vacate the ex-parte order was granted as it was in the interest of justice to grant it.

    In the other application seeking accelerated hearing, INEC said it was predicated on the grounds that it was its constitutional duty as provided by Section 69 of the 1999 Constitution.

    It further stated that the application was also predicated on the fact that time was of essence in the hearing and determination of the substantive suit.

    However, counsel to Melaye, Mr Nkem Okoro, opposed both applications, stating that he was served on July 18, less than two days before the hearing.

    He argued that by the rules of the court, he needed seven days within which to respond to both applications.

    Okoro asked the court for an adjournment to enable him prepare his reply.

    The vacation judge, Justice Nnamdi Dimgba, adjourned the matter until July 27 for hearing.

     

     

    NAN

  • N5.1BN fraud: Court rejects Jonathan’s aide application for medical trip

    Waripamo-Owei Dudafa, Former Special Adviser to ex-President Goodluck Jonathan on Domestic Affairs was on Tuesday denied permission to travel abroad for medical treatment.

    Vacation judge of the Federal High Court, Lagos, Justice Chuka Obiozor refused the application.

    Dudafa had urged the court to order the release of his passport in order to enable him travel abroad to treat a spinal cord injury.

    He had alleged that he sustained the injury while in the detention of the Economic and Financial Crimes Commission (EFCC).

    Part of his bail conditions was to submit his passport to the court.

    He, however, said he needed to urgently travel abroad for a medical appointment and urged the court to release the passport to him.

    His lawyer, Kolawole Salami, said the medical appointment was earlier scheduled for July 18 and 19, 2017 but had to be rescheduled for July 28, 2017 as Dudafa had yet to get access to his passport.

    The judge, however, refused to entertain the application, saying he was not convinced that there was truly any emergency in Dudafa’s case.

    He said Dudafa would have ensured his application was heard in May when it was filed, if it was truly an emergency.

    Justice Obiozor rejected explanation by Dudafa’s lawyer, Salami, that hearing of the application before Justice Idris was stalled due to the failure of the EFCC to respond to the application despite being served.

    “Let him reschedule to October; he can reschedule to October,” Justice Obiozor said while declining plea to hear the application.

    The EFCC is prosecuting Dudafa before Justice Idris on 23 counts bordering on fraud and money laundering.

    He allegedly used different companies to fraudulently launder various sums of money running into N5.1bn.

  • Again, court remands ex-Jigawa gov, Saminu Turaki, in prison

    Again, court remands ex-Jigawa gov, Saminu Turaki, in prison

    Barely five days after a High Court of the Federal Capital Territory, Maitama, Abuja, granted bail to a former Governor of Jigawa State, Saminu Turaki, a Federal High Court in Abuja on Tuesday ordered his remand in Kuje Prison, Abuja.

    Although Justice Nnamdi Dimgba of the Federal High Court granted bail to the ex-governor on fresh bail conditions on Tuesday, he ordered the defendant to remain in Kuje Prisons, Abuja, pending when the bail conditions were met.

    Justice Dimgba gave the order shortly after the Economic and Financial Crimes Commission re-arraigned Turaki and three companies on 32 counts of money laundering offences involving about N37bn.

    The defendants allegedly committed the offences between 2006 and 2007 while the former governor was in office.

    Turaki, alongside his co-defendants — INC Natural Resources Ltd., Arkel Construction Nigeria Ltd and Wildcat Construction Ltd — were earlier arraigned before the Dutse, Jigawa State Division of the Federal High Court, in 2011.

    TheNewsGuru.com reports that Turaki was last week arrested by officials of the Economic and Financial Crimes Commission, EFCC, at the launch of a book titled, ‘The First Regular Combatant: Brigadier General Zakariya Maimalari’, which was written by Haruna Paloma, at the International Conference Centre, Abuja.

    The event was well attended by eminent Nigerians including former President Olusegun Obasanjo; former Head of State, Gen. Yakubu Gowon; the National Security Adviser, Babagana Moguno; the Chief of Staff to the President, Abba Kyari; the Chief of Army Staff, Lt.Gen Tukur Buratai; and several others.

    The Judge had asked Turaki to provide two sureties who must be residence within the FCT and with a verifiable means of livelihood as part of the bail conditions.

    Justice Halilu also ordered that the applicant should deposit all his travelling documents with the court registry.

    Also as part of the bail conditions the ex-governor was ordered to report to EFCC every two weeks to sign a register that would be opened for him.

    TheNewsGuru.com reports that Turaki is being prosecuted by the EFCC for allegedly mismanaging Jigawa state’s funds while he in office as governor.

    However, the EFCC had on Friday filed a fresh motion before an FCT High Court asking it to set aside the bail it granted to Saminu Turaki, the former Governor of Jigawa State.

    The EFCC in the motion filed through its counsel, Mohammed Abubakar claimed that the bail condition given to Turaki by Justice Yusuf Halilu was too liberal.

    After Turaki pleaded not guilty to the 32 counts on Tuesday, Justice Dimgba said he was inclined to granting bail to the ex-governor “in deference” to the earlier bail granted the defendant by Justice Halilu of the FCT High Court.

    He asked the prosecution and the defence led by Mr. Ahmed Raji (SAN), to agree on the bail conditions to be imposed on the defendant.

    The judge resumed sitting after about 10 minutes.

  • Jehovah’s Witnesses set to appeal Russia ban in European court

    Jehovah’s Witnesses said on Tuesday it would appeal a ban on its activities in Russia at the European Court of Human Rights in Strasbourg, saying it had exhausted all other legal channels.

    It was speaking a day after Russia’s Supreme Court rejected the religious group’s appeal and upheld an April ruling which declared the organisation “extremist” and ordered it to disband in Russia.

    “We plan to appeal this at the European Court of Human Rights as soon as we can,” Yaroslav Sivulskiy, a member of the European Association of Jehovah’s Christian Witnesses, said by phone.

    “All legal avenues inside Russia have been exhausted.”

    TheNewsGuru.com reports that the Supreme Court in Russia recently banned activities of Jehovah’s Witnesses in the country.

    The court made the decision after describing the group as an extremist organization.

    Sivulskiy said the Jehovah’s Witnesses strongly disagreed with the court’s ruling against it but had no option but to comply.

    Religious life in Russia is dominated by the Orthodox Church, which exerts considerable political influence and enjoys the support of President Vladimir Putin.

    Some Orthodox scholars view Jehovah’s Witnesses as a ‘totalitarian sect’.

    Prior to the ban, Russian authorities put several of the group’s publications on a list of banned extremist literature and prosecutors have long cast it as an organization that destroys families, fosters hatred and threatens lives.

    The group, a U.S.-based Christian denomination known for its door-to-door preaching and rejection of military service and blood transfusions, says this description is false.

    It says it has 175,000 followers in Russia.

     

     

  • ‘I had sex with my dog’ – Man tells in court

    A 31-year-old man, Mark Hook, has admitted in court that he had sex with his dog and allowed the Labrador to penetrate him.

    Hook, who hails from Hartcliffe, Bristol City, UK, also pleaded guilty to making indecent images of children and possessing extreme pornographic images.

    Hook appeared at Bristol Crown Court and pleaded guilty to ten charges which included allowing a dog to penetrate him.

    According to Bristol Post, Hook was told he had a significant risk of going to prison.

    The Presiding judge, Mark Horton granted the accused bail to enable the court to prepare for a projected two-hour sentence on August 11.

    Hook declined to comment as he left the court.

    He pleaded guilty to three charges of making indecent images of children as well as possessing extreme pornographic images.

    He also admitted having intercourse with an animal, two charges of distributing indecent images of children and three charges of publishing an obscene article.

  • Fraud: Court grants ex-OAU VC, Elujoba bail

    An Osun State High Court has granted bail to an ex-Acting Vice Chancellor of Obafemi Awolowo University, Prof. Anthony Elujoba and the bursar of the university, Mrs. Aderonke Akeredolu, who are standing trial for alleged stealing.

    Justice David Oladimeji granted bail to the two accused persons in the ruling he delivered on Friday. Elujoba was granted bail on self-recognition while the bursar was granted bail in the sum of N50 million and two sureties.

    There is wild jubilation at the court premises immediately the judge granted the bail and workers and students started chanting Elujoba.

    Elujoba and Akeredolu are being prosecuted by the Economic and Financial Crimes Commission on seven counts of stealing among other charges.

    The judge shifted his sitting from the High Court in Ede to Osogbo and security was tightened at the High Court premises in Osogbo on Friday.

    Scores of OAU workers and students had laid siege to the Ede High Court on Tuesday and forced the judge to reverse his earlier order that Elujoba and the bursar should be remanded at Ilesa Prison.

    The protest lasted over four hours as the workers including professors and students vowed to prevent anybody from taking Elujoba to the prison.

    The judge eventually reversed himself and ordered that the former acting VC be taken back to the EFCC custody from where he was brought to court on Tuesday.

    Elujoba acted as vice chancellor for less than one year and he paid workers allowances of over N1 billion among other steps he took to restore peace to the university which was in chaos before he took charge.

  • Court fines Evans’ lawyer N20,000 for professional misconduct

    Suspected kidnap kingpin, Chukwudumeme Onwuamadike, aka Evans’ lawyer, Olukoya Ogungbeje was on Thursday slammed N20,000 “punitive cost” for professional misconduct.

    Justice Abdulazeez Anka of the Federal High Court, Lagos, said the cost must be paid before July 20.

    Evans’ fundamental rights case was billed to be heard by the Judge, but his lawyer wrote the judge claiming to be ill.

    Ogungbeje apologised for his absence and asked for adjournment.

    But, Mr Emmanuel Eze, who represented Lagos State Commissioner of Police, opposed Ogungbeje’s application for adjournment.

    He said the applicant’s lawyer did not inform the police that he would be absent, adding that any other lawyer from Ogungbeje’s office could have come to represent Evans.

    According to him, it is an “affront” to the court for Ogungbeje not to send another lawyer to stand in for him.

    “In view of this, we are of the view that the applicant’s counsel is most unserious with this application. We, therefore, ask for a punitive cost of N100,000 against the applicant and his counsel,” he said.

    Awarding the N20,000 cost, Justice Anka said: “Counsel wrote a letter seeking for an adjournment without copying the prosecution. This, to me, is unprofessional. The court hereby warns counsel to desist from such type of practice.”

    The judge said the facts before him showed that the applicant was still in police custody.

    TheNewsGuru.com reports that Evans recently dragged the Inspector General of Police, Ibrahim Idris before the Federal High Court in Lagos over his alleged illegal detention.

    He prayed the court to order his immediate release if they cannot arraign him in court immediately.

    TheNewsGuru.com reports that Evans recently filed another fresh suit against the Inspector General of Police, and three others at a Federal High Court in Lagos.

    In the new suit, Evans is claiming N300 million as general and exemplary damages against the police for “illegal detention and unconstitutional media trial”.

    TheNewsGuru.com reports that Evans was represented in court by Lagos-based lawyer, Olukoya Ogungbeje.

    TheNewsGuru.com reports that the billionaire kingpin was arrested in Lagos on Saturday, June 10 while preparing to travel out of the country. The arrest was carried out by the Intelligence Response Team (IRT) and led by ACP Abba Kyari.

     

  • JUST IN: Court grants ex-Jigawa gov, Turaki bail

    JUST IN: Court grants ex-Jigawa gov, Turaki bail

    A High Court of the Federal Capital Territory in Maitama, Abuja, on Thursday granted bail to a former Governor of Jigawa State, Saminu Turaki, who was recently arrested by the operatives of the Economic and Financial Crimes Commission, EFCC.

    Justice Yusuf Halilu granted him bail on conditions which merely required him to submit his traveling documents to the registry of the court, produce “two reasonable sureties” who are residents in Abuja and sign a register to be opened at the EFCC office every two weeks.

    The anti-graft agency produced the former governor in court on Thursday in compliance with an earlier order of the judge.

    The EFCC’s lawyer, Mr. Mohammed Abubakar, who had opposed Turaki’s request for bail, had informed the judge that the former governor was arrested at an event in Abuja on July 4, following an arrest warrant issued against the suspect about three years ago.

    The lawyer explained that the Federal High Court in Dutse, Jigawa State, had issued the arrest warrant following the failure of the former governor to attend court to face trial for charges filed against him about five years ago.

    TheNewsGuru.com reports that Turaki was last week arrested by officials of the Economic and Financial Crimes Commission, EFCC, at the launch of a book titled, ‘The First Regular Combatant: Brigadier General Zakariya Maimalari’, which was written by Haruna Paloma, at the International Conference Centre, Abuja.

    The event was well attended by eminent Nigerians including former President Olusegun Obasanjo; former Head of State, Gen. Yakubu Gowon; the National Security Adviser, Babagana Moguno; the Chief of Staff to the President, Abba Kyari; the Chief of Army Staff, Lt.Gen Tukur Buratai; and several others.

    TheNewsGuru.com reports that Turaki is being prosecuted by the EFCC for allegedly mismanaging Jigawa state’s funds while he in office as governor.

  • BREAKING: Dino Melaye free as INEC suspends recall process

    The Independent National Electoral Commission has said it will halt the process of recalling the Senator representing Kogi West Senatorial district, Mr. Dino Melaye, in compliance with a court directive.

    The electoral body on Thursday said the decision was reached at its weekly meeting held in Abuja.

    INEC had on Wednesday 12 June 2017 received six bags, which contained the signatures of 52.3 percent of the electorates from the zone and other petitions, requesting for the recall of Melaye.

    The lawmaker had sued INEC alleging that the petition for his recall included forged signatures of dead persons.

    An Abuja Federal High Court on 6th July 2017 ordered INEC and Melaye to maintain the “status quo” until a ruling is passed on the lawmaker’s suit.

    The election umpire in series of tweets on its Twitter handle, @inecnigeria, said it will comply with the court’s directive ” a responsible, law-abiding institution.”

    It said, “INEC held its regular weekly meeting today and considered the order given by the Federal High Court, Abuja dated 6th July 2017, directing the “parties to maintain the status quo till the determination of the plaintiff’s motion on notice in respect of the suit filed by Senator Dino Melaye, seeking orders of injunction against the Commission to stop it from acting on the petition by the registered voters of Kogi West Senatorial district.

    “As a responsible, law-abiding institution, INEC will comply with the order. However, INEC has also decided to take immediate steps to vacate the court order & for the matter to be heard & determined expeditiously.

    “Whereas, the court adjourned hearing of the Motion on Notice to 29th September 2017, it should be noted that Section 69 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) sets a limit of 90 days from the date of the presentation of the petition (21st June, 2017) for the exercise to be completed.

    “The Commission further decided to draw the attention of the Chief Justice of Nigeria to the order in view of its effect on the performance of the Commission’s constitutional duty to conduct the referendum for the recall in Kogi West Senatorial district. ”

    INEC, at the meeting, also approved a policy of comprehensive audit after all elections.

    “This is in line with its commitment of ensuring transparency and overall improvement of the electoral process,” it said.