Tag: Court

  • Court sacks Senator Bassey, orders immediate refund of certificate, salaries

    A Federal High Court sitting in Uyo, Akwa Ibom State, has asked the Independent National Electoral Commission (INEC), to immediately, withdraw the Certificate of Return given to the Senator representing Akwa-Ibom North East district, Albert Bassey Akpan.

    In a judgment delivered on Monday, the court asked INEC to issue a fresh Certificate of Return to Hon. Bassey Etim, whom the court established, as the authentic candidate of the Peoples Democratic Party (PDP) in the December 2014 primary election.

    The judge equally directed Senator Bassey Albert, to vacate his seat and ordered the President of the Senate, to swear in Bassey Etim, as the Senator for Uyo Senatorial district.

    TheNewsGuru.com reports that Hon. Etim, a former member of the House of Representatives, dragged Senator Akpan, the PDP and INEC before the Federal High Court, Uyo, challenging the nomination of the Senator, even though it was glaring that he convincingly won the party’s primaries.

    Consequently, the court faulted the primary that produced Senator Akpan as flag bearer of the PDP and the subsequent election that made him Senator.

    The court also made a definite order in the pre-election matter, by directing Senator Akpan to refund all salaries and entitlements collected so far as a Senator representing the constituency.

  • Court orders forfeiture of 17 vehicles seized from ex-Customs CG to FG

    Court orders forfeiture of 17 vehicles seized from ex-Customs CG to FG

    Justice S.M Shuaibu of the Federal High Court sitting in Kaduna, Thursday, gave an interim order, forfeiting the seventeen vehicles found in the warehouse of former Comptroller General of Customs, Abdullahi Dikko Inde, to the Federal Government.

    The order was sequel to an ex parte application by the Economic and Financial Crimes Commission, EFCC, seeking among others, the forfeiture of the vehicles to the Nigerian Government, pending the conclusion of investigation and determination of the case.

    In his ruling, Justice Shuaibu held that “the seventeen (17) vehicles which are now in the custody of the applicant ( EFCC) and as properly described and listed in the schedule marked exhibit EFCC 2 attached to the affidavit in support of the application are hereby forfeited to the Federal Government of Nigeria in the interim pending conclusion of the investigation.”

    TheNewsGuru.com reports that operatives of the Commission had on Monday, February 20 stormed the warehouse of the former Customs CG on Nnamdi Azikwe Street, Kaduna and discovered seventeen exotic vehicles worth Hundreds of millions of Naira, suspected to be proceeds of crime.

  • Court orders South Africa Govt to reverse ICC withdrawal

     

    A South African court has ruled that the decision of the South African Government to withdraw from the International Criminal Court ICC is not only unconstitutional but irrational and procedural flawed.

    Judge Phinehas Mojapelo gave the ruling on Wednesday in Pretoria, the country’s administrative headquarters ordering that government should revoke it.

    South African government had in October last year announced its withdrawal from the ICC on the ground that its membership hamper it efforts towards resolving African conflicts.

    he major opposition party, Democratic Alliance dragged the government to court alleging that government acted unconstitutionally by not seeking approval from the parliament.

    The court therefore ruled that the move was “unconstitutional, irrational and procedurally flawed,”

    The court noted that the power to coordinated matters as regards treaties rest on the Executive but must get approval from the parliament before doing so.

    TheNewsGuru.com reports that South Africa is not the only country that have announced to exit the ICC, Burundi and Gambia in the days of Yahaya Jameh has announced to leave.

     

     

  • Court freezes 21 bank accounts belonging to Oduah, companies

     

    A Lagos Federal High Court has restrained Stella Oduah and Sea Petroleum and Gas Company Ltd., from making any withdrawal from its account and those of three other companies domiciled with 21 banks.

    The other companies include Sea Shipping Agency Ltd, Rotary Engineering Services Ltd, and Tour Afrique Company Ltd.
    The court issued the orders over an alleged indebtedness of the defendants to the sum of about $16.4m and N100.5m.

    Also, the court issued an order directing the said commercial banks harbouring the assets of Stella Oduah and the four companies to sequestrate their indebtedness as at November 2016.

    The court ordered that same should be kept in an interest yielding account in the name of the chief Registrar of the Federal court, pending the determination of the suit filed before the court to recover the debt.

    The order of the court was sequel to an affidavit deposed to by Business Manager of Sterling Bank Plc., Mr Segun Akinsanya, filed and argued before the court by its Counsel, Mr Kemi Balogun (SAN).

    In the affidavit, Akinsanya averred that on Oct. 8, 2012, the bank granted a lease /Cabotage Vessel Finance Facility (CVFF) to Sea Petroleum and Gas Company in the said sums to finance one unit 5,000 MT tanker vessel.

    He averred that the loan was secured by an unconditional personal guarantee of the companies’ director, Princess Stella Oduah.

    Akinsanya also averred that same was supported by a statement of her net worth, legal mortgage of two properties worth N135bn, and a power of Attorney of the tanker vessel in favour of Sterling Bank.

    Also in support was a fully executed standing payment order and tripartite remittance agreement between First Bank plc, Sterling Bank and Stella Oduah.

    It was further averred that on June 27, 2013, Sea Petroleum Company requested and was granted additional facilities in the sum of about $450,000 for post delivery expenses.

    He said that also granted was about $993, 000 to meet the requisite conditions in securing the release of the tanker.

    Also, he averred that upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed its counsels to recover the debt.

    He said that in spite of several reminders, and demands, the defendants had failed and refused to liquidate their indebtedness which had culminated to $16.4m, and about N100.5m as at November 2016.

    Akinsanya also averred that the defendants were also greatly indebted to a number of banks and had conceded a number of assets to AMCON who had stepped into the shoes of those banks.

    He averred that there was imminent risk of the defendants dissipating the assets of the companies.

    The plaintiff urged the court to grant the order restraining Stella Oduah and other directors of the companies from withdrawing money from the account of the companies domiciled with 21 banks pending the determination of the debt recovery suit.

    In an ex -parte application filed and argued before the court by Balogun, he stated that it had been difficult to serve court processes on the defendants.

    The Presiding Judge, Justice Abdulaziz Anka consequently ordered that court processes be advertised in National Newspapers.
    Meanwhile, Stella Oduah and her companies urged the court to discharge the order made against them.

    They also filed a preliminary objection to the suit and urged the court to strike out the suit for lack of jurisdiction.

    However, Anka fixed March 20 to decide whether or not to vacate the order.

     

    NAN

     

  • We recovered $1m from Badeh’s wardrobe – Witness tells court

    We recovered $1m from Badeh’s wardrobe – Witness tells court

     

    A Prosecution witness in the ongoing trial of ex-Chief of Defence Staff, Alex Badeh, on Tuesday told the Federal High Court, Abuja that his team recovered $1m from Badeh’s wardrobe.

    According to a report by Daily Post, the 15th witness to testify in Badeh’s trial, Mr Goji Mohammed, said he was part of the EFCC team, led by Mr Isyaku Sharu, that conducted the search in Badeh’s house in Asokoro, Abuja.

    TheNewsGuru.com reports that the ex-Chief of Defence Staff is standing trial on money laundering, which he allegedly committed while serving as Chief of Air Staff.

    The witness also said the team recovered some bank documents, land documents, tax documents and few other instruments.

    Mohammed further said that the commission received intelligence report on another property located at No. 6 Ogun River Street Maitama, which was found to be Badeh’s property.

    He said they accessed the building through the balcony by climbing, adding that they invited the security man of the neighbouring house to witness the search.

    He said, “When we climbed in, we were in the living area upstairs, so we used the stairs and went to the living area downstairs and started our search from there.

    When we got to the biggest room in the house, we saw a wardrobe, on opening it, we saw a bag and on opening it, it contained foreign currency.

    We saw 16 bundles of $50 and two sealed bundles containing $100,000 which we estimated to amount $1m.

    On further counting the money in our office we discovered it was exactly $1m.”

    He said they also found a red box which he could not precisely remember what was inside, adding that they also found two waybills of furniture supplied to the building.

    When the prosecution sought to tender the search warrant, the red box and the waybill as evidence, the move was objected to by the defence team.

    The counsel for the defendant, Mr Lasun Sanusi (SAN), objected to the admissibility of the items, saying they were purportedly obtained from an illegal search.

    Sanusi said the law gave the owner of the property the impetus to nominate a representative to witness such search if he or she could not be present.

    My Lord, the witness had earlier confirmed that when they were to conduct a search on the defendant’s house at Asokoro, they took him along to witness the search, why was this other one different.

    It is on record that the defendant was still in detention when the purported search was done in his house at Maitama which is a clear violation of the law.

    My Lord, we are not against the court admitting the search warrant as evidence but we vehemently oppose to the admissibility of the other items,’’ he said.

    On his part, the Prosecution Counsel, Mr Rotimi Jacobs (SAN), argued that Section 149 and 150 of ACJA which deals with house search warrant permitted the presence of two witnesses.

    This permission covers the person to whom the warrant is addressed and a neighbour within the neighbourhood the property is located,’’ he said.

    The presiding judge, Justice Okon Abang, however, adjourned the matter till Feb. 22 for continuation of hearing.

     

  • Shocking! See what jealous husband did to his wife

    A jealous husband who could not trust his wife and laced her with a sexual protective charm has fallen a victim of the juju he planted on her.

    A jealous man who laced his wife with the very powerful ‘Magun’ (a charm meant to curb infidelity in married women), got more than he bargained for after the charm caught him in the web.

    News Agency of Nigeria (NAN) reports that the 35-year-old woman, Fatimah Adebayo, who approached an Ikorodu Customary Court sitting in Lagos State to dissolve her 14-year-old marriage to Segun, narrated how he planted the charm also called thunderbolt on her.

    Fatimah, a fashion designer who resides at Baiyeku Road, Igbogbo, Ikorodu, urged the court to annul the marriage because her life is in danger after what her husband did to her.

    She added that her husband was in the habit of assaulting her and threatened to kill her several times in the past.

    “My husband laced me with thunderbolt, known in our local parlance as ‘Magun’. I got to know through an old man in my area and through my father when I was sick.

    But I smartly lured him to sleep with me. On that fateful day, after making love to me, he tumbled twice as I called for neighbours’ help.

    Besides, my husband beats me; he does not trust me and he does not take care of our children’s welfare. Please save me from this marriage as living with him is now dangerous for me.

    This is because he can kill me,” she said.

    When asked to comment on the allegations levelled against him by his wife, the 43-year-old Segun told the court that his counsel should speak for him but the President of the court, Mrs. Omolara Abiola, refused his request, saying it was important to either debunk or accept the allegations before a third party could come in.

    She further adjourned the case till March 7, 2017, for further hearing and judgment.

     

  • Just-In: Court orders Diezani Alison-Madueke to forfeit N34bn to FG

    A Lagos Federal High Court, on Thursday ordered the forfeiture of of about N34bn linked to former Minister of Petroleum Resources, Diezani Alison-Madueke.

    TheNewsGuru.com reports that Justice Muslim Hassan, had on January 6, 2017 issued an interim forfeiture order on the funds.

    He however gave“final forfeiture order” during Thursday’s court proceedings.

    The ruling followed the satisfaction of Justice Hassan with the argument of the Economic and Financial Crimes Commission, EFCC, that the huge funds were proceeds of illegal activity.

    Breakdown of the illegal funds linked to the former Minister include, N23.4bn, N9.08bn and $5m.

    Details later…

  • Court declares proxy service on Olubadan invalid

    Court declares proxy service on Olubadan invalid

    An Oyo State High Court sitting Ibadan on Tuesday declared the proxy service on the Olubadan of Ibadanland, Oba Saliu Adetunji, by the claimant to the throne as invalid.

    Chief Adebayo Oyediji of Seriki Chieftaincy line is challenging the installation of Adetunji as the Olubadan of Ibadanland by Gov. Abiola Ajimobi of Oyo State.

    Justice Moshood Abass made the declaration when the claimant’s counsel, Mr Abideen Adeniran, informed the court that Adetunji was not served court summon personally but through Ajao Iliasu, Secretary to Olubadan-in-Council.

    Abass said that an order of substituted service must first of all be obtained from the court before the court summon could be served on any other person aside from Olubadan.

    The judge said that the court summon served on Olubadan through the Secretary to Olubadan-In-Council was invalid.

    The claimant counsel, then prayed the court for a date to file a motion for substituted service.

    Abass adjourned the case till Feb. 22 for hearing of the motion for substituted service, adding that hearing notices be served on the respondents.

    It would be recalled that Oyediji claimed that there was a subsisting court ruling restraining the occupation of any vacant position of high chiefs and that of Olubadan.

    He claimed that it was the turn of the Seriki line to produce the next Olubadan after the death of late Oba Samuel Lana, against the appointment of Adetunji by Gov. Abiola Ajimobi of Oyo State.

    The claimant is challenging the consistent occupation of the Olubadan throne by the Olubadan chieftaincy line and Balogun chieftaincy lines.

    Also joined as respondents in the suit were the Attorney-General and Commissioner for Justice and Oyo State government.

  • Frozen $15m: Court adjoins till March 6 for hearing in Patience Jonathan’s suit

    A Federal High Court in Lagos on Monday fixed March 6 for further hearing in a suit filed by former first lady, Mrs Patience Jonathan, against the EFCC.

    Patience , in the fundamental rights enforcement suit, is seeking the order of the court to de-freeze her $15.5 million domiciled with Skye Bank.

    TheNewsGuru.com reports that the said amount was frozen by the bank on the directive of Economic and Financial Crimes Commission (EFCC).

    The respondents are: the EFCC, Skye Bank, a former aide to ex-President Goodluck Jonathan, Warampo-Owei Dudafa and four companies.

    The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd., Transocean Property and Investment Company Ltd., and Globus Integrated Service Ltd.

    At the resumed hearing, counsel representing the companies, Mr Jeff Kadiri, told the court that he had just been briefed and would need time to file the necessary processes.

    In response, counsel to Patience, Chief Ifedayo Adedipe (SAN), informed the court that he had served his processes on all parties in the matter and was prepared to proceed with the case.

    He was, however, not opposed to Kadiri’s request for adjournment.

    In the absence of opposition by lawyers to the other respondents, the judge, Justice Mohammed Idris, adjourned further hearing in the matter to March 6.

    The four companies which the EFCC claimed were used by Dudafa to launder the $15.5 million had pleaded guilty in a criminal case before Justice Babs Kuewumi of the same court.

    The sum involved in the criminal case was the same money the former first lady had claimed belonged to her as the sole signatory to the accounts of the companies.

    She, however, denied ownership of the companies.

    Patience in her suit was urging the court to issue an order discharging the freezing order.

    She equally sought for an order restraining the EFCC and its agent from further placing a freezing order on the said accounts.

    In an affidavit in support deposed to by a lawyer, Sammie Somiari, it was averred that on March 22, 2010, Mrs Jonathan had opened five different accounts with the Skye Bank, with the aid of two officials of the bank, Damola Bolodeoku and Dipo Oshodi.

    It was further averred that the account mandate forms were duly completed and signed by her.

    According to the deponent, Patience subsequently discovered that apart from one of the accounts that bore her name, the other four accounts were opened in the name of four companies belonging to Dudafa.

    He also averred that she also observed that the ATM cards of the said accounts were issued in the names of the companies, adding that she complained to Dudafa who promised to effect the necessary changes.

    He said Dipo Oshodi also promised to effect the necessary changes.

    Somiari averred further that Patience was neither a director, shareholder nor a participant in these companies but the funds in the said accounts were solely owned and operated by her.

    According to the deponent, the Skye Bank official, (Oshodi), did not carry out the instructions of the plaintiff to change the name of the said accounts to her name, despite repeated request.

    He averred that notwithstanding the refusal of the bank to effect the necessary changes, she had been using the said ATM cards without any interference.

    The deponent averred that sometimes in July 2016, Jonathan discovered that the ATM cards were not functioning, and immediately contacted the bank which informed her that a “No debit/freezing order” had been placed on the accounts.

    He averred that on further inquiry, the bank informed her that the accounts were frozen on the directives of the EFCC as a result of an ongoing investigation in relation to Dudafa.

    Patience contended that she was neither arrested nor invited by EFCC prior to the freezing order placed on the accounts and as such the action was unlawful and illegal.

    She then sought the court’s order directing the unfreezing of her accounts forthwith.

    Patience also sought an order restraining the EFCC from taking further steps in relation to the said account pending the determination of the suit.

  • Apo Six: Court fixes March 9 for judgment

    Apo Six: Court fixes March 9 for judgment

    An FCT High Court, presided over by Justice Ishaq Bello, on Monday adjourned till March 9 judgment in the alleged extra judicial killing of Six Apo traders, Abuja, popularly known as the `Apo Six.`

    TheNewsGuru.com recalls that the Attorney General of the Federation in 2005 charged six police officers to court for the alleged killing of the traders

    The accused persons were arraigned on a 9-count charge of conspiracy and culpable homicide, which contravened the provisions of Sections 97 and 221 (a) of the Penal Code Law.

    The police officers standing trial in the case were: Danjuma Ibrahim, Othman Abdulsalami , Nicholas Zakaria, Ezekiel Acheneje, Baba Emmanuel and Sadiq Salami.

    They were charged with culpable homicide over alleged killing of the traders: Ifeanyi Ozor, Chinedu Meniru, Isaac Ekene, Paulinus Ogbonna, Anthony Nwodike and Augustina Arebun.

    TheNewsGuru.com recalls that the court had earlier fix Monday (today) for judgement in the case.

     

    NAN