Tag: Federal High Court

  • Federal High Court announces date to commence annual vacation

    Federal High Court announces date to commence annual vacation

    The Federal High Court (FHC) will, on July 23, begin its annual vacation.

    The FHC Assistant Director of Information/ICT, Dr Catherine Oby-Christopher, made this known in a statement on Tuesday in Abuja.

    The statement was titled: “Notification of Federal High Court Annual Vacation for the Year 2024 and Vacation Roster For Judges.”

    It reads in part: “By virtue of the provisions of Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, the Chief Judge of the Federal High Court of Nigeria, Honourable Justice John Terhemba Tsoho, OFR, KSS, FCIArb.(UK) announces its 2024 Annual Vacation and Roster for Vacation Judges.

    “The vacation will commence from Tuesday, the 23rd day of July 2024 to Sept. 13.

    Normal court sitting, it added will resume on Sept. 16,  2024.

    “This is in order for judges to enjoy their well- deserved rest and to prepare for the tasks and activities of the New Legal year.”

    The statement advised the litigating public to approach Abuja, Lagos and Port-Harcourt divisions of the court for matters of extreme urgency during the period.

    Justice Emeka Nwite and Justice Peter Lifu of the Abuja division; Justice Akintayo Aluko and Justice Isaac Dipeolu for Lagos division and Justice A. T. Mohammed and Justice P. M. Ayua for Port- Harcourt were appointed vacation judges.

  • Seventh Day Adventist Church heads to Appeal Court to challenge conduct of elections, exams on Saturdays

    Seventh Day Adventist Church heads to Appeal Court to challenge conduct of elections, exams on Saturdays

    The Seventh Day Adventist Church has signified intentions to challenge at the Court of Appeal, the Federal High Court judgment in Abuja which on Wednesday refused to stop the conduct of elections and examinations on Saturdays in the country.
    Speaking with newsmen after the judgment was delivered by Justice James Kolawole Omotoso, counsel to the plaintiff, Benjamin Ahaemefule said his client was heading to the Court of Appeal to further test the law.
    Ahaemefule said although his client had victory in some aspects of the suit, they lost in the main suit hence the need to approach the appellate court.
    The court agreed with us that it has jurisdiction to hear our matter.
    “The court also agreed with us that elder Ugochukwu Uchenwa has the locus standi to institute the action for the enforcement of his fundamental rights and those of the entire members of the Seventh-day Adventist church Nigeria.
    “The court agreed with us that the rights of the Adventists are breached, however, it refused to enforce our rights, saying that Adventists are a minority and not in majority.
    “The court held that although our rights are infringed upon, the infringement is legally necessary and justifiable.
    “So the court refused to grant our substantive request because it said that granting it will open a flood gate of litigation by other citizens of Nigeria who will come out to enforce their own rights.”
    The lawyer held that the court erred in law when it said that although the Adventists had a cause of action and their rights had been infringed upon, such infringement was justified.
    “The court erred in law when it held that although the Adventists have a cause of action but that right can not be enforced because the Adventists are in the minority,” the lawyer said.
    Justice Omotoso had earlier dismissed the suit filed by Ugochukwu Uchenwa, a member of the Seventh-day Adventist Church, seeking to stop the conduct of elections and examinations on Saturdays.
    Justice Omotosho held that the suit was frivolous, vexatious, irritating and baseless.
    Ugochukwu Uchenwa, an elder of the church had told the court in his suit that Saturday was a Sabbath day of worship and fixing examinations and elections on the day was a violation of his and other church members’ fundamental rights.
    The plaintiff had prayed the court to make an order prohibiting the Federal Government from further conducting elections and examinations on Saturdays to stop the disruption of their right to worship.
    Justice Omotosho, in his judgment, held that the fundamental rights being claimed by the plaintiff were not at large and could be curtailed by a government policy.
    Moreover, the judge said that the Seventh-day Adventist Church was in the minority in Nigeria and its doctrine could not be imposed on the majority of other religious denominations in the country.
    Listed as defendants in the suit were the President, the Attorney-General of the Federation, the Minister of Internal Affairs, the Independent National Electoral Commission (INEC) and the Joint Admission and Matriculation Examinations, JAMB.
    Others are the National Examination Council (NECO), the West African Examination Council (WAEC), the National Business and Technical Examination Board (NABTEB), the Council of Legal Education and the Ministry of Education.
  • Edo 2024: Federal High Court sits over APC candidacy today

    Edo 2024: Federal High Court sits over APC candidacy today

    The Federal High Court in Abuja will on Thursday (today) commence sitting on a suit brought before it by Dennis Idahosa, the self-acclaimed governorship candidate of the All Progressives Congress, APC in Edo state.

    Idahosa wants the Independent National Electoral Commission, INEC, not to accept any other person except him as APC candidate.

    This development is coming on the heels of a deadlock over plans to “import” a governorship aspirant in the Peoples Democratic Party, PDP, Omoregie Ogbeide-Ihama, into the APC, as running mate to Senator Monday Okpebholo.

    Recall that Justice James Kolawole Omotosho of the Federal High Court sitting in Abuja had last week fixed March 14, 2024, for the hearing of the action filed by Idahosa.

    Granting Idahosa’s application made through his counsel, Bode Olanipekun of Wole Olanipekun & Co., Justice Omotosho directed service of the originating processes on Senator Okpebholo, by delivering same to the clerk of the National Assembly and/or to an adult person or official or secretary at the Senate chambers of the National Assembly, Three Arms Zone, Abuja; and/or delivering same to an adult person or official or secretary at the 2nd defendant’s office located at 40, Blantyre Crescent, Wuse 2, Abuja.

    Idahosa is praying the court to declare him as the APC candidate for the Edo governorship election, having scored 40,453 votes, arguing that the declaration of Okpebholo, who scored 100 votes at the primaries of February 17, 2024, is an infraction of the Electoral Act, APC’s constitution and the guidelines for primary elections.

    The move to make Ogbeide-Ihama Okpebholo’s running mate is said to be championed by some leaders of both the APC and PDP from the South-South and has hit a brick wall as supporters of Idahosa at the meeting held in Abuja on Tuesday insisted that the candidate of the party is Idahosa.

    Meanwhile, it was gathered that some leaders of the party from Edo South, who were also aspirants before the primary but later stepped down and mobilised their supporters for Okpebholo, have threatened to address a press conference and withdraw from the activities of the party if Idahosa is made the candidate.

  • Federal High Court reveals date to commence Easter vacation

    Federal High Court reveals date to commence Easter vacation

    The Federal High Court (FHC) will, on March 22, begin its Easter vacation.

    The Chief Judge of FHC, Justice John Tsoho, in a statement made available on Tuesday by Dr Catherine Oby-Christopher, the Assistant Director of Information of FHC, said the vacation would come to an end on April 8.

    Justice Tsoho, in the statement titled: “Notification of 2024 Easter Vacation and Roster for Vacation Judges,” said that the court would resume sitting on April 9 in all its jurisdiction.

    “The Federal High Court announces its 2024 Easter Vacation and Roster for Vacation Judges.

    “This is pursuant to the provisions of Order 46, Rule 4 (b) of the Federal High Court (Civil Procedure) Rules, 2019 (as amended).

    “The Court resumes sitting on Tuesday, 9th April, 2024 in all Judicial Divisions,” he said.

    Tsoho said during the vacation period, the Abuja, Lagos and Port-Harcourt Judicial Divisions would remain open to the public only for cases of extreme urgency.

    “It is essential to stress that, during the vacation, only matters relating to enforcement of fundamental rights; arrest or release of vessels and matters that concerns dire national interest are to be entertained by vacation judges.

    “The Abuja Judicial Division will cater for cases from the Federal Capital Territory, North Central, North Western, and North Eastern parts of the country.

    “The Lagos Division will cater for cases from all the South Western States, while the Port-Harcourt Judicial Division will cater for cases from all states within the South-South and South Eastern Geo-political Zones.

    The CJ said Justice Inyang Ekwo and Justice Donatus Okorowo would be the vacation judge in the Abuja division; Justice A.O. Awogboro and Juruce Ibrahim Kala for Lagos division while Justice A T. Mohammed and Justice S.I. Mark would be presiding in the Port-Harcourt division.

    “The vacation judges and heads of divisions are, as usual, advised to promptly refer to the Hon. Chief Judge all matters which they believe may require His Lordship’s urgent attention and directives,” the statement concluded.

  • Seventh-day Adventist Church drags FG to court for holding elections on Saturdays

    Seventh-day Adventist Church drags FG to court for holding elections on Saturdays

    The Federal High Court Abuja will deliver judgment on the 20th of March in a suit filed by a member of the Seventh-day Adventist Church, Mr Ugochukwu Uchenwa, seeking to stop the conduct of elections and examinations on Saturdays.

    Justice James Omotosho arrived at the date after listening to counsel’s arguments for and against the suit on Wednesday.

    The plaintiff, Uchenwa, who is an elder of the church, filed the suit because fixing elections and examinations on Saturdays violated his rights (and those of other members of the church) to freedom of worship.

    According to him, the  court should  declare  fixing of elections and examinations on Saturdays unconstitutional.

    In the alternative, the plaintiff is asking the court to order the defendants to allow him and other members of his church to vote or write examinations on any other day of the week, including Sundays.

    Listed as defendants in the suit are the President, Attorney-General of the Federation, Independent National Electoral Commission, INEC, and Minister of Internal Affairs.

    Others are the Joint Admission and Matriculation Examinations, JAMB, National Examination Council, NECO, West African Examination Council, WAEC, National Business and Technical Examination Board, Council of Legal Education, and Ministry of Education.

    Counsel to the plaintiff, Benjamin Amaefule, told the court that his client was only seeking enforcement of his fundamental right to freedom of education and freedom to participate in elections.

    Amaefule told the court that his client was seeking, among others, a declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day,” was a violation of his fundamental right to freedom of worship.

    “It is also a violation of conscience, profession, free practice of faith and the right to participate freely in the government of the applicant and that of entire members of the Seventh-day Adventist Church, Nigeria,” he said.

    He maintained that fixing examinations and elections on the “Sabbath day of the Lord ” was also a violation of the right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.

    The plaintiff asked the court for some relief, including a declaration that the action of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord,” was unconstitutional.

  • God will judge you – Archbishop Kaigama warns Federal High Court judges

    God will judge you – Archbishop Kaigama warns Federal High Court judges

    Archbishop of the Catholic Diocese of Abuja, Ignatius Kaigama, on Monday, advised judges in the country to always deliver justice with the fear of God.

    Archbishop Kaigama gave the advice while delivering his message at the Federal High Court (FHC)’s 50th Anniversary Thanksgiving Service at the Holy Trinity Catholic Church, Maitama, Abuja.

    Kaigama, who was represented by Rev. Father Christopher Nnubia, the Judicial Vicar of Catholic Church in Abuja, urged the judges to be committed to discharging justice in the face of challenges.

    The Chief Judge of FHC, Justice John Tsoho, read the first Bible reading from the book of Isaiah 35:1 to 10.

    Kaigama said it was their responsibility to give hope to the hopeless and strengthen the weak in the society.

    “It is your responsibility to make firm the feeble knees.

    “And as you do that, you need to do that with the fear of God knowing that at the end of the world, we will give account to the divine judge where we will render account of what we have done.

    “What will you do that day? Will you say you have rendered justuce in the way it should be irrespective of religions you find yourself?

    “We will answer before God. So, whatever you are doing, always remember God; always remember the last day when you will render account,” he said.

    He enjoined the judges, who were Catholic Church members, to be good ambassadors of the church.

    “As we celebrate this 50th anniversary, I pray that the good lord will bless everyone of you and strengthen you to carry out your duty,” he said.

    Gov. Hyacinth Alia of Benue, while speaking to the newsmen, urged the judges to keep looking up to God.

    “God called Solomon and filled him with his wisdom to govern his people and to let people know who God is and the way he had ministered.

    “It is the same thing with them (judges). God called them specifically to ensure that the system works, the system flows.

    “Our prayer should be to them that they too can do the right thing, and they have been trying looking at the antecedent of the court

    “So they have been putting the very best and may God continue to work ahead of them, protect them and above all, grant them with his wisdom so that they will always do the right thing for the citizenry to the glory of God,” he said.

    Earlier, Justice Tsoho thanked everyone for finding time to attend the service.

    Activities to commemorate the 50 years anniversary of FHC began today, Dec. 11.

    Earlier, rhe Chief Registrar of FHC, Sulaiman Amida-Hassan, in the programme released in Abuja, disclosed that the activities would commence with devotional worships at the Holy Trinity Catholic Church and the National Mosque both in Abuja at 9:30am.

    According to him, there will be a Special Legal Year Court Session at Ukeje Hall, FHC, Abuja also on Dec. 11 by 1:00pm.

    He said a novelty football match between selected FHC judges and members of the Nigerian Bar Association (NBA) would be organised on Dec. 12 at 9:30am.

    This, he said, would be followed by a presentation of publications of FHC by the Hon. Chief Judge, Hon. Justice John T. Tsoho at Ukeje Hall by 10:00am.

    Amida-Hassan said that on Dec. 13, judges’ annual conference anniversary lectures would be opened at 9:30am and end by 12noon.

    “Thursday, Dec. 14, 2023, judges’annual conference continues at 10am to 2:30pm.

    “On Dec. 14 also, there will be Gala/Cultural Night (Dress Code: Native/National Attire) at the Ballroom 232, Mohammadu Buhari Way, Central Business District, Abuja, FCT at 5:00pm.

    “On Friday, Dec. 15, 2023, there will be an health talk for honourable judges, Hon. Chief Judge’s Merit Awards Ceremony and closure of judges’ annual conference at National Stadium, Abuja by 4:00pm,” he said.

    He said the Chief Justice of Nigeria, Justice Olukayode Ariwoola, would chair the occasion.

    The FHC, which was established in 1973, was formerly known as Federal Revenue Court.

    It was established by the Federal Revenue Act 1973 (1973 No.13) and began with four judges with a president as its head.

    The court was, however, renamed the “Federal High Court” by Section 228 (1) and 230 (2) of the Constitution of the Federal Republic of Nigeria, 1979.

    While Honourable Justice S.O. Lambo was the first president of the then Federal Revenue Court and served between 1973 and 1975, Justice John Tsoho is the 10th and current Chief Judge of FHC.

    The court, which had grown structurally over the years, presently has 38 divisions in all the states of the federation, including Abuja, where its headquarters is located, with 95 judges.

  • Federal High Court CJ releases new posting for judges [SEE FULL LIST]

    Federal High Court CJ releases new posting for judges [SEE FULL LIST]

    The Chief Judge of Federal High Court (FHC), Justice John Tsoho, on Wednesday, released a new posting for judges to various divisions across the country.

    Justice Tsoho, in a statement by the FHC’s Assistant Director of Information, Dr Catherine Oby-Christopher, directed the affected judges to report at their duty stations before the date of resumption after Christmas vacation.

    It reads: “Sequel to the appointment of 23 new judges, the Honorable Chief Judge of the Federal High Court, Hon.Justice John Terhemba Tsoho, has released a new posting of the court’s judges to various Divisions across the country.

    “The Chief Judge directed the affected judges to report at their duty stations before the date of resumption from the Christmas vacation, being the 8th day of January, 2023.

    “His lordship wishes his fellow lordships a wonderful vacation in advance.

    “Below is the list of judges and their new postings:

    1. ABUJA:

    1. HON. JUSTICE J.T. TSOHO  — Chief Judge
    2. HON. JUSTICE G.K. OLOTU
    3. HON. JUSTICE B.F.M.   NYAKO
    4. HON. JUSTICE R.N. OFILI- AJUMOGOBIA
    5. HON. JUSTICE A.R.  MOHAMMED
    6. HON. JUSTICE I. E. EKWO
    7. HON. JUSTICE D.U. OKOROWO
    8. HON. JUSTICE JOYCE OBEHI  ABDULMALIK
    9.  HON. JUSTICE JAMES  KOLAWALE  OMOTOSHO
    10. HON. JUSTICE EMEKA  NWITE
    11.  HON. JUSTICE OBIORA  ATUEGWU  EGWUATU
    12. HON. JUSTICE MOBOLAJI  OLUBUKOLA  OLAJUWON
    13. HON. JUSTICE NKEONYE  EVELYN  MAHA

    2.  UMUAHIA -ABIA

    1. HON. JUSTICE SUNDAY ONU
    2. HON. JUSTICE MUSA KAKAKI

    3.  YENAGOA — BAYELSA

    1. HON. JUSTICE ISA  HAMMA  ADAMA  DASHEN
    2. HON. JUSTICE SALIM  OLASUPO  IBRAHIM

    4  BENIN -EDO

    1. HON. JUSTICE S. M. SHUAIBU
    2. HON. JUSTICE CHUKA AUSTINE OBIOZOR

    5.  BIRNIN KEBBI.- KEBBI

    1. HON. JUSTICE  EMMANUEL  GAKKO

    6  KADUNA

    1. HON. JUSTICE R.M. AIKAWA
    2. HON. JUSTICE HAWAU BUHARI

    7.    KANO

    1. HON. JUSTICE A.M.  LIMAN
    2. HON. JUSTICE M.N.  YUNUSA
    3. HON. JUSTICE S.A.  AMOBEDA

    8.   LAGOS

    1. HON. JUSTICE J.T. TSOHO – Chief Judge
    2. HON. JUSTICE A.O. FAJI
    3. HON. JUSTICE A. LEWIS -ALLAGOA
    4. HON. JUSTICE C.J. ANEKE
    5. HON. JUSTICE YELLIM  S.  BOGORO
    6. HON. JUSTICE DANIEL EMEKA OSIAGOR
    7. HON. JUSTICE AKINTAYO  ALUKO
    8. HON. JUSTICE PETER  ODO LIFU
    9. HON. JUSTICE ABIMBOLA O. AWOGBORO
    10. HON. JUSTICE DIPEOLU  DEINDE  ISAAC
    11. HON. JUSTICE OGUNDARE KEHINDE OLAYIWOLA
    12. HON. JUSTICE IBRAHIM  AHMAD    KALA
    13. HON. JUSTICE OGAZI  FRIDAY  NKEMAKONAM

    9.    ILORIN -KWARA

    1. HON. JUSTICE  EVELYN  NMASINULO ANYADIKE
    2. HON. JUSTICE  ARIWOOLA OLUKAYODE JNR.

    10. AKURE – ONDO

    1. HON. JUSTICE TOYIN  BOLAJI ADEGOKE.
    2. HON. JUSTICE OWOEYE  ALEXANDER  OLUSEYI

    11.  IBADAN -OYO

    1. HON. JUSTICE UCHE N. AGOMOH
    2. HON. JUSTICE EKERETE UDOFOT AKPAN

    12.  ABEOKUTA -OGUN

    1. HON. JUSTICE A.A. OKEKE
    2. HON. JUSTICE ADEFUNMILOLA  ADEKEMI  DEMI  – AJAYI

    13.  ADO -EKITI, EKITI

    1. HON. JUSTICE B.O. KUEWUMI
    2. HON. JUSTICE B.O. QUADRI

    14.   ASABA- DELTA

    1. HON. JUSTICE  F.A. OLUBANJO
    2. HON. JUSTICE  AGBAJE  OLUFUNMILOLA  ADETUTU

    15.   AWKA – ANAMBRA

    1. HON. JUSTICE NNAMDI DIMGBA

    16. ABAKALIKI – EBONYI

    1. HON. JUSTICE HYELADZIRA AJIYA NGANJUWA
    2. HON. JUSTICE  M.T.  SEGUN- BELLO

    17.   OWERRI -IMO

    1. HON. JUSTICE  INIEKENIMI NICHOLAS OWEIBO
    2. HON. JUSTICE  WIGWE-OREH CHITURU JOY

    18.  WARRI- DELTA

    1. HON. JUSTICE I.M. SANI

    19.  PORT  HARCOURT —RIVERS

    1. HON. JUSTICE  P.I. AJOKU
    2. HON. JUSTICE   E.A.  OBILE
    3. HON. JUSTICE  PHEOBE MSUEN  AYUA
    4. HON. JUSTICE  STEPHEN  DAYLOP PAM
    5. HON. JUSTICE   ADAMU  TURAKI  MOHAMMED
    6. HON. JUSTICE  SA’ADATU  IBRAHIM MARK

    20.  CALABAR — CROSS – RIVER

    1. HON. JUSTICE I. L. OJUKWU
    2. HON. JUSTICE  ROSEMARY  O.  DUGBO. OGHOGHORIE

    21.  UYO — AKWA-IBOM

    1. HON. JUSTICE  M.A. ONYETENU
    2. HON. JUSTICE  ONAH  CHIGOZIE SERGIUS

    22. MAKURDI – BENUE

    1. HON. JUSTICE   M.S. ABUBAKAR
    2. HON. JUSTICE  EGBE RAPHAEL JOSHUA.

    23.  ENUGU

    1. HON. JUSTICE  M.G. UMAR
    2. HON. JUSTICE  F.O.  GIWA- OGUNBANJO

    24.  MAIDUGURI -BORNO

    1. HON. JUSTICE JUDE  KANYIOH   DAGAT
    2. HON. JUSTICE  TIJJANI GARBA RINGIM

    25  YOLA- ADAMAWA:

    1. HON. JUSTICE   SALEH  KOGO IDRISSA
    2. HON. JUSTICE ABDULAZEEZ  M. Z. ANKA

    26.  BAUCHI

    1. HON. JUSTICE  MUSA  SULAIMAN  LIMAN
    2. HON. JUSTICE AISHATU AUTA IBRAHIM

    27.  KATSINA

    1. HON. JUSTICE  AHMAD  GAMA MAHMUD
    2. HON. JUSTICE  HUSSAINI  DADAN- GARBA

    28.  GUSAU-ZAMFARA

    1. HON. JUSTICE  AMINU BAPPA ALIYU

    29.  JALINGO – TARABA

    1. HON. JUSTICE BALA KHALIFA- MOHAMMED  USMAN

    30.  MINNA -NIGER

    1. HON. JUSTICE   GARBA   AMINU
    2. HON. JUSTICE MUHAMMAD DAN- IGE

    31.  LAFIA -NASARAWA

    1. HON. JUSTICE  NEHIZENA IDEMUDIA AFOLABI
    2. HON. JUSTICE   ANYALEWA  ONOJA -ALAPA

    32.  LOKOJA -KOGI

    1. HON. JUSTICE ABDU  DOGO
    2. HON. JUSTICE  ABIODUN  JORDAN ADEYEMI

    33.  JOS-PLATEAU

    1. HON. JUSTICE   D.V.  AGISHI
    2. HON. JUSTICE  SHARON  TANKO ISHAYA

    34.  OSOGBO- OSUN:

    1. HON. JUSTICE  N. AYO- EMMANUEL
    2. HON. JUSTICE MASHKUR SALISU

    35.  SOKOTO

    1. HON. JUSTICE  Z. B. ABUBAKAR

    36.  GOMBE

    1. HON. JUSTICE  HILLARY  IDE OSHO  OSHOMO
    2. HON. JUSTICE AMINA ALIYU MOHAMMAD

    37.  DUTSE – JIGAWA

    1. HON. JUSTICE HASSAN  DIKKO

    38.  DAMATURU – YOBE:

    1. HON. JUSTICE  FADIMA MURTALA  AMINU
    2. HON. JUSTICE YILWA  HAUWA JOSEPH.

     

  • Court faults ex-President Buhari’s appointment of FCC’s chairman, secretary

    Court faults ex-President Buhari’s appointment of FCC’s chairman, secretary

    A Federal High Court, Abuja  on Wednesday, described as “unlawful” the appointment of Federal Character Commission (FCC)’s Chairman, Muheeba Dankaka, and the Secretary, Bello Tukur, from the northern region by former President Muhammadu Buhari.

    Justice Inyang Ekwo, in a judgment, held that the former president had failed to comply with the provisions of the laws in the duo’s appointment.

    “Therefore, I find that there has been failure of the 1st defendant to comply with the provision of Section 14 (3) of the 1999 Constitution (as amended), Section 4 (1) (a) of the FCC Establishment (FCCE) Act, 2004 and Section 4 of the Guiding Principles and Formulae for the Distribution of all Cadres of Posts,1997 made pursuant to Section 4 (1) (a) of the FCCE Act, 2004,” he said.

    The News Agency of Nigeria (NAN) reports that a human rights advocate, Festus Onifade, had, in the suit marked: FHC/ABJ/CS/709/2021, sued President of the Federal Republic of Nigeria, Attorney-General of the Federation (AGF), FCC, Dankaka and Tukur as 1st to 5th defendants respectively.

    In the originating summons dated and filed on July 19, 2021, the lawyer sought interpretation to two questions.

    These include, “Whether by the combined provisions of Sections 7 and 8 (1) and (2) (a), (b), and (c) of the third Schedule, Part 1 of1999 Constitution (as amended) and Section 4(1) of the Subsidiary Legislation (GUIDING PRINCIPLES AND FORMULAE FOR THE DISTRIBUTION OF ALL CADRES OF POSTS) 1997 of the Federal Character Commission (Establishment,) Act 1995,.

    He, therefore, sought a declaration that the president (1st defendant) is bound to observe and comply with the provision of the Sectons 7 and 8 (1), (2) (a) (b) (c) of the Third Schedule, part 1 of the 1999 Constitution  (As Amended) in the appointment of persons to the office of the chairman and Secretary of FCC.

    He sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.

    Onifade equally sought an order directing the president to immediately appoint other persons into these positions in compliance with the provisions of the constitution and the Act of National Assembly, among others.

    While Dankaka is from Kwara, Tukur hails from Taraba.

    Buhari had, on April 28, 2020, appointed Dankaka as the chairman of the commission for a five-year tenure and was confirmed by the Senate on June 2, 2020.

    Also the ex-president approved the appointment of Tukur as FCC’s secretary on April 14, 2017 and was reappointed on March 12, 2021 for a term of four years

    Details later

     

  • Federal high court judges adjourn abruptly over news of death of colleague

    Federal high court judges adjourn abruptly over news of death of colleague

    Proceedings at the Federal High Court in Lagos, were on Monday, halted abruptly, following notice of the demise of a brother judge, Hon. Justice Fatun Odohi Riman.

    The Chief Judge of the Federal High Court, Hon. Justice John Tsoho, had announced the death of Justice Riman, who sits at the Awka division of the court.

    In the notice to all Federal High Court judges dated Oct. 28, Tsoho stated that Justice Riman passed away in England in the early hours of Oct. 28.

    According to the notification, the late judge had been admitted to a hospital in England, before his demise.

    He said that further burial information will be subsequently, communicated by his family.

    On Monday, some judges of the Lagos division who had commenced sittings for the day were made to rise abruptly, following the notice.

    Cases have consequently, been adjourned to later dates.

  • Court further adjourns trial of Lagos plastic surgeon

    Court further adjourns trial of Lagos plastic surgeon

    AFederal High Court in Lagos on Tuesday, further adjourned until Nov. 20, for adoption of written addresses, in the trial of a surgeon Anuoluwapo Adepoju, charged with alleged evasion from investigation into a failed plastic surgery.

    The case which was scheduled for adoption of addresses on Tuesday, did not go on as earlier scheduled

    The case has consequently, being adjourned until a new date of Nov. 20.

    The defendant is charged by the Federal Competition and Consumers Protection Commission (FCCPC).

    She is standing trial alongside her Clinic, MedContour Services Ltd, on a five-counts charge bordering on a refusal to honour an invitation for investigation into a post-body surgery complications, as well as production of investigation documents.

    She was re-arraigned on July 17, 2020 alongside her Medical outfit, before Justice Mohammed Liman.

    She had pleaded not guilty to the charges and was granted bail on self recognizance.

    Justice Liman was subsequently, transferred out of the Lagos division of the court, but he still presides over the case on a fiat.

    Trial has since commenced in the suit and the FCCPC had also since closed its case

    The defence on its part, filed a no case submission for the defendant on grounds that no case had been established against her by prosecution, to warrant her entering a defence.

    Meanwhile, Justice Liman had in a ruling delivered on April 7, 2022 rejected the no case submission by the defendant.

    Justice Liman had ruled that the evidences so far tendered before the court, satisfies the elements of the criminal charges pending against the defendant.

    The court had then ordered the defence to open its case.

    The case however, suffered several adjournments on different dates, for various reasons.

    On 5th of May 2023 the defence opened its case and called the first defendant as sole witness.

    The defendant was led in evidence and also cross examined after which the court adjourned the case until June 21, for adoption of written addresses.

    On June 21, the court did not sit and the case was then adjourned until July 17, and again adjourned until Oct. 24 (today).

    Hearing will now resume on the new date Nov. 20.

    In the five-counts charge brought against the defendants, the prosecution alleged that, the first defendant failed to appear before the FCCPC in relation to investigation into a reported failed plastic surgery.

    The defendant was alleged to have failed to show up, in compliance with the commission’s summons dated April 15, 2020.

    The prosecution also alleged that without sufficient cause, the first defendant also refused and failed to produce documents which she was required to produce in compliance with the commission’s notice of investigation dated April 14 2020.

    The defendant was alleged to have prevented and obstructed the commission from carrying out its investigation into the said issue.

    The offences contravenes the provision of sections 11(1)(a), 33(1)(a), 110, 113(1)(a) and 159(4) of the FCCPC Act, 2018.