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Tag: Federal High Court

  • Federal High Court Judge, Mallong dies in Abuja

    Federal High Court Judge, Mallong dies in Abuja

    A Federal High Court (FHC) Judge, Justice Peter Mallong, of the Kaduna Division, is dead. Justice Mallong died on Sunday after a brief illness in Abuja.

    The Chief Registrar of FHC, Hassan Amida Sulaiman, announced the sudden death of the judge in a statement he made available to newsmen Monday morning.

    It reads: “It is with deep sadness and heavy hearts that we announce the death of our own, Hon. Justice Peter Mallong, a judge of the Federal High Court, who passed away on Sunday unexpectedly after a brief illness in Abuja.

    “We will miss him more than words can express. Funeral arrangements will be communicated to the public in due time.”

    Justice Mallong, who is from Plateau, was born on January  21, 1963, in Yauri, Kebbi State.

  • NJC nominates 23 Federal High Court Judges for appointment [SEE FULL LIST]

    NJC nominates 23 Federal High Court Judges for appointment [SEE FULL LIST]

    The National Judicial Council (NJC) on Friday recommended 23 nominees  for appointment as Judges of the Federal High Court (FHC) of Nigeria.

    Mr Soji Oye, the Director of Information of the Council disclosed this on Friday in Abuja.

    The recommendation for the appointments was made at the 103th  meeting of the Council presided over by the (CJN) Justice Olukayode Ariwoola and held in Abuja.

    Aside from the 23 nominees for the Federal High Court, the NJC also sought the appointment of one Kadi for Kaduna State and four other Kadis for Kano State Sharia Court of Appeal.

    Those recommended as Federal High Court Judges are Ekerete Udofot Akpan, Hussaini Dadan-Garba, Egbe Raphael Joshua, Anyalewa Onoja-Alapa, Aishatu Auta Ibrahim, Ogazi Friday Nkemakonam, Ogundare Kehinde Olayiwola, Onah Chigozie Sergius, Hauwa Buhari, Ibrahim Ahmad Kala and Hauwa Joeph Yilwa.

    Others are Amina Aliyu Mohammed,Sharon Tanko Ishaya,  Chituru Joy Wigwe-Oreh,
    Musa Kakaki, Owoeye Alexander Oluseyi, Abiodun Jordan Adeyemi, Agbaje Olufunmilola Adetutu and Salim Olasupo Ibrahim.

    The rest are Dipeolu Deinde Isaac, Ariwoola Olukayode Jnr, Abdullahi Muhammad Dan-Ige and Mashkur Salisu.

    The NJC noted that Hon Kadi Muhammad Aminu Danjuma is to be appointed as Grand Kadi for Kaduna State.

    Others to be appointed as Kadis for Kano State Sharia courts are Muhammad Adam Kadem, Salisu Muhammad Isa, Isa Idris Sa’id and Aliyu Muhammad Kani.

    The council also recommended candidates are expected to be sworn-in after the approval of the NJC’S recommendations to the President and their respective State Governors and confirmation by their State Houses of Assembly as the case may be.

  • Adamawa High Court suspends trial of embattled REC, Hudu Yunusa-Ari

    Adamawa High Court suspends trial of embattled REC, Hudu Yunusa-Ari

    The state High Court in Adamawa state on Wednesday failed to proceed with the case involving suspended INEC Resident Electoral Officer, REC, Hudu Yunusa-Ari.

    The Court noted that it got an order from a Federal High Court in Abuja to suspend the trial pending further developments on it.

    The Adamawa APC governorship candidate in the last election, Aishatu Ahmed Binani had obtained an order from a federal High Court in Abuja restraining the prosecution of Hudu at the Yola high court pending the determination of her own petition at the tribunal over the election itself which led to the court case involving Hudu.

    When the Hudu case came up for mention at the State High Court on Wednesday, Counsel to the prosecution, Rotimi Jacobs (SAN) told the court about the Abuja court restraining him from arraigning Hudu.

    Rotimi, however, said the alleged offences preferred against Hudu are serious but that it appeared that Binani was seeking to run from prosecution that might involve her by seeking protection from a court of concurrent jurisdiction.

    The presiding Judge of the Yola High Court, Justice Benjamin Lawan said the state High Court had received the order issued by the Court in Abuja, and that his Court would not want to act until the order either elapses or as events in the next few days or weeks may suggest.

    There were reports that the Adamawa State chapter of the Peoples Democratic Party, PDP, had on Tuesday spoken in the manner of the prosecution counsel when it accused Binani of attempting to protect herself from indictment by approaching the Federal High court in Abuja to stop the prosecution of Hudu Yunusa-Ari who had declared her winner of the Adamawa governorship election when results were yet to be fully collated and for which reason Hudu is now facing the law court.

    The PDP state secretary, Idris Yahaya told journalists in Yola that Binani was trying to scuttle the trial of Hudu to save herself from possible indictment.

    “Binani’s demand of stopping the prosecution of one of the key accomplices in the botched civilian Coup in Adamawa should be resisted.

    ”Our belief is that Hudu will be prosecuted and Binani will be punished for her ignoble role the PDP scribe said, adding that by giving an acceptance speech after Hudu unlawfully declared her winner, Binani showed that she connived with Hudu to declare her winner of a yet to be concluded election process.

  • Kogi APC guber Primary: Court throws out Smart Adeyemi’s suit over lack of merit

    Kogi APC guber Primary: Court throws out Smart Adeyemi’s suit over lack of merit

    The Federal High Court sitting in Abuja has ruled against Kogi governorship aspirant on the platform of the All Progressives Congress (APC), Senator Smart Afolabi Adeyemi, in the suit versus Usman Ododo the party’s gubernatorial candidate in the forthcoming elections in the state.

    The court ruled that Adeyemi’s suit lacked merit and substance to warrant granting requests made against Ododo and APC.

    In his judgment, Justice James Kolawole Omotosho in the suit marked “FHC/CS/556/2023 in Smart Adeyemi v. APC & 2 Ors”, noted that Adeyemi’s allegations were criminal, as he alleged that elections did not hold and that the produced results were forged.

    He said the applicant needed to prove the allegations of forgery and falsification of results beyond a reasonable doubt.

    The court noted that the burden rests on Senator Adeyemi to produce the forged result or the original results to discharge the burden, adding that failure to discharge the burden “is fatal to the case of the applicant.”

    Justice Omotosho also held that the allegation that the election did not hold was also not substantiated as the applicant only provided evidence from his Ward in Ijumu LGA.

    He said, in any case, this evidence was denied by the Respondents, who attached the monitoring reports of the Independent National Electoral Commission (INEC), which has the duty to monitor the election.

    “In this case, INEC attached its monitoring report and also attached copies of the result, police report confirming the conduct of the election signed by the Commissioner of Police, the case of the Applicant has no basis,” he said.

    Justice Omotosho, therefore, dismissed the case for lacking in merit.

    Concluding, he said, “In the final analysis, having reviewed all the evidence in this matter, I have no doubt that the APC primary election result held in all the wards of Kogi State on the 14th day of April 2023 and I so hold.

    “This Honourable Court will not allow the will of a few just like that of the Applicant to override the will of the majority. The Applicant’s case has no merit. It is hereby dismissed.”

  • Federal High Court stops Governor Yusuf from further demolition in Kano state

    Federal High Court stops Governor Yusuf from further demolition in Kano state

    The Federal High Court in Kano has stopped Governor Abba Kabir Yusuf of Kano State from further demolishing structures in the state.

    Saminu Muhammad, a Kano citizen, instituted the motion ex-parte through his lawyer.

    Justice SA Amobeda following the motion, restrained the state government and its agents from further demolition of some buildings along BUK Road.

    Amobeda specifically ordered the government to halt plans for demolishing the applicant’s property, located on No. 41 and 43 Salanta, along BUK Road, Kano.

    The Kano State’s Attorney-General, Solicitor General, Governor, the state government, and the state Bureau for Land Management are respondents joined in the suit.

    The Kano State Urban Planning and Development Authority, Inspector-General of Police, Nigeria Police Force, Commissioner of Police, Commandant General of Nigeria Security and Civil Defence Corps, and Nigeria Security and Civil Defence Corps are others included in the suit.

    The court ordered an accelerated hearing of the case and adjourned the suit to July 10, 2023, after listening to the motion moved by the applicant’s counsel, Prof. Nasiru Aliyu, SAN.

    According to the order, “That Order of this Court is hereby made in the interim, restraining the Respondents by themselves, agents, servant or proxies whatsoever called from encroaching, trespassing, entering, invading, demolishing or revoking the Applicant’s titles or doing any other act in respect of the Applicant’s property, No. 41 and 43 situate at Salanta, along BUK road, Kano, covered by Certificate of Occupancy, No. KNMLO8228 and Certificate of Occupancy No. KNMLO8229, pending the hearing and determination of the originating motion.

    “that the Court is hereby made granting leave to the bailiff of the Court to serve the 3rd, 4th, 5th, and 6th Respondents with all processes and all subsequent processes in the suit through any staff or officer in the office of the 1st and 2nd Respondents and deeming the service valid, personal and proper.

    “that the Court is made granting leave to the bailiff of the Court to serve the 7th and 8th Respondents with all processes and all subsequent processes in the suit through the office of the 9th Respondent and deeming the service as valid, personal, and proper.”

    It added that the court bailiff should serve the 10th and 11th respondents with all processes and all subsequent processes in the suit through the office of the 12th Respondent and deeming the service as valid, personal, and proper.

  • NBC to appeal Court ruling stopping it from imposing fines on broadcast stations

    NBC to appeal Court ruling stopping it from imposing fines on broadcast stations

    The National Broadcasting Commission (NBC), has vowed to appeal the Federal High Court ruling nullifying its powers to impose fines on erring broadcast stations.

    The decision to appeal the judgment was contained in a statement signed by its Director General, Balarabe Shehu Illelah.

    Omotosho, while ruling on a suit filed by Incorporated Media Rights Agenda, declared that NBC was not a court and had no power to impose fines as punishment on broadcast stations.

    According to him,   the NBC code, which gives the commission the power to impose a sanction, was in conflict with section 6 of the constitution which vested judicial powers in the court of law.

    He added that the NBC, not being Nigeria police, had no power to conduct a criminal investigation that would lead to criminal trial and imposition of sanctions.

    But the NBC, in the statement on Friday in Abuja, said it had applied for a Certified Copy of the judgment.

    “The commission will appeal the judgment when found to be in conflict with previous judgments which empowers NBC to regulate broadcasting in Nigeria,” the statement said.

  • Court remands journalist Jalingo over publication ‘insulting’ Ayade’s in-law

    Court remands journalist Jalingo over publication ‘insulting’ Ayade’s in-law

    A Federal High Court sitting in Abuja, presided over by Justice Zainab Abubakar has remanded a journalist and publisher of an online medium, CrossRiverWatch, Agba Jalingo, at the Medium Security Custodial Center in Kuje, for allegedly publishing an article that was deemed ‘insulting’ to Mrs Elizabeth Ayade.

    Mrs Elizabeth Ayade is wife to the younger brother of the Cross River State Governor, Ben Ayade, whose administration, Jalingo’s Cross River Watch has been critical of.

    Present in court during Jalingo’s arraignment was the presidential candidate of the African Action Congress in the 2023 general elections, Mr Omoyele Sowore, and other activists and members of the Nigerian Civil Society.

    TheNewsGuru.com (TNG) reports that two charges bordering on alleged false publication intended to cause annoyance, ill will and insult to the person of Mrs Ayade, wife to Mr Frank Ayade, were preferred on Mr Jalingo in suit number FHC/ABJ/CR/565/2022.

    He is alleged to have committed an offence punishable by Section 24 (1)b of the Cybercrimes (Prohibition, Prevention, Etc) Act 2015.

    Mr Jalingo who was arraigned on Monday, March 27, pleaded not guilty to both charges.

    The prosecution counsel, Fidelis Ogbobe, sought an adjournment for trial which the defense counsel, Baba Isa, did not oppose but pleaded that the matter be stood down as the lead counsel, Marshal Abubakar, was on his way.

    However, Ogbobe opposed Isa’s application, citing Section 354 of the Administration of Criminal Justice Act, 2015 which stipulates that when parties are called, the court shall proceed to hear the matter.

    He argued that, “The excuse is a calculated attempt to postpone the arraignment,” and asked the court to not take the defence seriously.

    Meanwhile, Isa pleaded that the sins of the counsel should not be visited on the defendant, in the interest of justice.

    However, Justice Abubakar indulged the prosecution counsel, and did not grant Isa’s application.

    When Mr Marshall Abubakar appeared in court, Justice Abubakar noted that in her records, he was absent from court, this was as she also declined the defense’ request to move the motion for bail.

    Justice Abubakar subsequently ordered that Jalingo be remanded at the Kuje Medium Security Custodial Center, and adjourned the matter until March 30, 2023, for the court to take the bail application of the defendant, and May 31, 2023 for trial.

    What you need to know about the case

    Mrs Elizabeth Ayade who was also in court on Monday, had in July 2022, through her lawyer, Uyi Obayagbona, written to Mr Jalingo, seeking a retraction of an article that queried why a suspended staff of the University of Calabar, Paschal Aboh, was facing trial for allegedly impersonating a student of the Nigerian Law School, Abuja campus (Mrs Ayade), while the person (Mrs Ayade) who allegedly contracted him walks free.

    Mrs Ayade had demanded that an apology be published in two national dailies, including, but not limited to Facebook, Instagram, and “Cross River Watch” (not CrossRiverWatch), as well as a payment of NGN500million in damages.

    Jalingo was given a 14-day ultimatum to comply, otherwise legal proceedings will be instituted against him. However, police operatives from the FCT Command on August 19, 2022, stormed Jalingo’s Ogudu residence in Lagos State and arrested him, several hours after holding his wife and daughter hostage.

    He was subsequently detained at the Alapere police station and later at Area F Command in Ikeja before he was flown to Abuja the next day where it was revealed that Mrs Ayade had petitioned the police and accused Jalingo of allegedly defaming her character.

    Jalingo was later released at night and was asked to return two days later on August 22, but was later told by the police to return back to Lagos since Mrs Ayade failed to show up at the FCT Police Command.

    Meanwhile, our correspondent gathered that civil proceedings that were secretly filed in September 2022 at the High Court of the FCT, were served via substituted means at the gate of Hit FM 95.9 in Calabar where Mr Jalingo is not a staff member.

    However, in January 2023, the police reportedly abandoned the criminal defamation allegation, and opted to sue Jalingo for alleged cybercrime.

     

  • Elections: Federal high court judges to embark on seven days break

    Judges of the Federal High Court (FHC) are to embark on a seven-day break to enable them to participate in the forthcoming presidential and National Assembly elections on Saturday, February 25.

    This was disclosed in a circular signed by the Chief Judge of the court, John Tsoho.

    According to the circular, the break begins on February 22 and ends on February 28.

    For the presidential and National Assembly elections that will hold on Saturday, 18 presidential candidates will appear on the ballot but only four candidates are largely recognised by a majority of Nigerians.
    These are Labour Party’s Peter Obi, Peoples Democratic Party’s Atiku Abubakar, APC’s Bola Tinubu and Rabiu Kwankwaso, contesting on the New Nigeria Peoples Party ticket.

    However, the circular by the Federal High Court also disclosed that there would be judges appointed to hear urgent cases across the country.

    The circular partly reads, “The Administrative Judges in the Abuja, Lagos and Port Harcourt Judicial Divisions shall ensure that a Judge is designated to cater for the North, South-West, South-South/South-East geopolitical areas, respectively, regarding urgent matters during the period.”

    TheNewsGuru.com (TNG) reports that the general elections would be held in Nigeria on 25 February 2023 to elect the President and Vice President and members of the Senate and House of Representatives.

    Incumbent President Muhammadu Buhari is ineligible to run, being term-limited.

    The President of Nigeria is elected using a modified two-round system. To be elected in the first round, a candidate must receive a plurality of the valid vote and over 25% in at least 24 of the 36 states.

    If no candidate passes this threshold, a second round will be held between the top candidate and the next candidate to have received a majority of votes in the highest number of states.

    The 109 members of the Senate are elected from 109 single-seat constituencies (three in each state and one for the Federal Capital Territory) by first-past-the-post voting.

    The 360 members of the House of Representatives are also elected by first-past-the-post voting in single-member constituencies.

  • Court strikes out appeal motion against Amaju Pinnick, others

    Court strikes out appeal motion against Amaju Pinnick, others

    A Federal High Court, sitting in  Abuja, on Monday, struck out a motion to appeal against the ruling discharging and acquitting Amaju Pinnick and others in a criminal charge filed against them.
    In the ruling by Justice Inyang Ekwo, the case was struck out for lack of diligent prosecution.
    Recall that the Chairman of, National Footballers Association of Nigeria, Harrison Jalla and staff of the association, Tunde Aderibigbe, had filed the motion on notice with charge number FHC/ABJ/ CR/93/2019.
    They had sought an order of the court granting them leave to appeal as interested parties against the ruling of the court delivered on Feb. 30, 2020, discharging and acquitting the defendants in the matter.
    Others listed in the motion include the Federal Republic of Nigeria as complainant/respondent; Sunusi Mohammed, Seyi Akinwumi, Shehu Dikko, Amaju  Pinnick and Yusuf Ahmed-Fresh as defendants/respondents.
    Upon resumed hearing in the matter, Aliyu Alhassan, who represented the defendants, was in court while counsel for the applicants was absent.
    Alhassan, therefore, informed the court that though the matter was scheduled for hearing, the applicants had not been diligent in prosecuting the case.
    The lawyer prayed the court to dismiss the case.
    Justice Ekwo, in a short ruling, said he had found that the matter had not been diligently prosecuted.
    He said he observed that the matter was adjourned at the instance of the applicants in the last adjourned date and that there was no excuse given for their absence in court today.
    The judge, consequently, struck out the matter for not being diligently prosecuted.
    According to NAN,  the applicants, through their lawyer,  Dr Celsius Ukpong, had informed the court what the application was all about when the matter was mentioned.
    The applicants, in the motion dated Dec. 16, 2020 and filed same day by their lawyer, had said that the motion was brought on the grounds that “at the day set for arraignment ,the applicants and other aggrieved people were in court to testify after the arraignment.”
    They argued that when the prosecutor who took over from the agency that filed the charge suddenly apply to withdraw the charge in order to study the file or whatever only for the learned trial judge to discharge and acquit the defendants without any proper arraignment and trial.
    “The applicants/interested party in the matter, in public interest, took risk and make a lot of sacrifices to complain and gather a lot of evidence to try the defendants before the defendants were finally charge to court.
    “The defendants have been using the ruling of the learned trial court as a shield successfully against further prosecution in the matter that is yet to be tried.
    “The prosecutions have neglected/refused to appeal against this decision,” they said.
    They stated that it was immaterial whether the prosecution was interested to prosecute the matter or not, stressing that the matter should not end without proper prosecution “where witnesses who are willing are not allowed to testify.”
    According to them, the prosecution cannot agree with defence counsel to dismiss a charge and acquit the defendants not minding the implication of such agreement.
    “The interested parties/applicants were the nominal complainants and were acting in good faith and in public interest to see to the end of this trial where both parties are heard before the case is determined.
    “The complainant, in Section 335 of the Administration of Criminal Justice Act (ACJA) is referring to, is the nominal complainant and not the prosecuting counsel. See FRNV.ONONYE 2018 LPELR -45067.
    “The complainants or victims of the offence did not compound this offence to warrant the prosecuting counsel to agree to withdraw the charge so as to entitled the defendants to acquittal. SEE PML. NIG LTD. V. FRN (2017) LPELR -43480(SC),” they averred.
    In the draft notice of appeal, the appellants stated that they were dissatisfied with the decision of a FHC delivered by Justice Ijeoma Ojukwu on Nov. 5, 2019, in charge number FHC/ABJ/CR/93/2019 wherein the defendants were discharged and acquitted.
    In their grounds of appeal, they argued that Justice Ojukwu erred in law when she held that defendants had been discharged and acquitted for offences that had not been tried.
    Besides, they also argued that the prosecuting counsel from the office of the Attorney-General of Federation took over the matter for the first time from an agency that filed the charge.
    They said the prosecution counsel decided to compound the offence without recourse to primary complainant who were in court about to witness the trial, among others
    Amaju Melvin  Pinnick was the immediate-past President of Nigeria Football Federation and a FIFA council member.
  • Court stops Onochie’s inauguration as NDDC Chairman, moves to jail her

    Court stops Onochie’s inauguration as NDDC Chairman, moves to jail her

    Despite the Senate’s confirmation of Mrs. Lauretta Onochie as the Substantive Chairman of the Niger Delta Development Commission (NDDC) board, a Federal High Court in Abuja on Friday halted her inauguration and warned that she risks going to jail for contempt.

    Recall that four days ago the Senate confirmed Onochie as Substantive NDDC Chairman and 12 other nominees as members of the board.

    TheNewsGuru.com (TNG) reports that last week, the Court granted an order stopping the National Assembly from screening and confirming the nomination of Onochie and Ogbuku.

    In a notice of consequences of disobedience to the order of the court dated 23rd day of December 2022, the court passed directions to President Muhammadu Buhari, the Attorney General and Minister of Justice, Abubakar Malami, Senate President, Ahmad Lawan, Senate of the National Assembly, Onochie and Ogbuku on the consequences of flouting an earlier restraining order even as it stopped the inauguration of the new NDDC board.

    “Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison” and with it the court put a stop to the inauguration of the board of the NDDC as confirmed by the Senate.
    Court stops Onochie's inauguration as NDDC Chairman, moves to jail her
    The presiding judge, Justice J. K. Omotosho, instructed that all actions on the matter be suspended pending the determination of the suit.

    Chief Edward Ekpoko, and Engineer Victor Wood, who are representing the Itsekiri Leaders of Thought, and Mr. Edward Omagbemi, who is representing Omadino Unity Forum all, on behalf of the Itsekiri ethnic nationality of Delta State are seeking whether upon the proper construction of Section 12 (1) and other enabling sections of the Niger Delta Development Commission ( Establishment Etc) Act 2000 as amended and the 1999 Constitution of the Federal Republic of Nigeria (as amended) it is not the turn of the Itsekiri Ethnic Nationality of Delta State, the highest oil producing region of the Delta State to produce the next chairman and managing director of the Niger Delta Development Commission (NDDC).

    TheNewsGuru.com (TNG) reports that the plaintiffs are seeking a declaration that the nomination of Onochie, who hails from a non-oil producing area in Delta State as Chairman of NDDC by President Buhari is unlawful for being contrary to the intent and purpose of NDDC Act.

    They are also seeking a declaration that the nomination of Chief Samuel Ogbuku, who hails from Bayelsa State as Managing Director of NDDC by President Buhari, when it is the turn of the Itsekiri Ethnic Nationality of Delta State to produce the Managing Director of the Commission, is unlawful for being contrary to the intent and purpose of the NDDC Act.

    Particularly, they are seeking an order quashing the nomination of Onochie and Ogbuku as Chairman and Managing Director as well as restraining the President of the Senate and the Senate of the National Assembly from screening and confirming Onochie and Ogbuku as Chairman and Managing Director respectively.

    The matter was adjourned to January 11, 2023, for further hearing.