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Tag: Federal High Court

  • Court jails 27-year-old woman for human trafficking in Osun

    Court jails 27-year-old woman for human trafficking in Osun

    A 27-year-old woman, Ifeoma Sunday, has been sentenced to four months imprisonment for human trafficking by the Federal High Court sitting in Osogbo, Osun State

    The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) disclosed this in a statement on Wednesday, December 7, 2022.

    The agency said the 27-year-old woman Jumakai, Ewele, Ayepe, Osogbo, was convicted by Justice N. Ayo Emmanuel, on Friday, December 2, 2022.

    The offence contravenes the various provisions of the Trafficking in Persons Prohibition Law Enforcement and Administration Act 2015.

    “The convict – a 27 year old Female of Jumakai, Ewele, Ayepe, Osogbo was sentenced to 4 months imprisonment and asked to pay compensation to her victims, the sum of N300,000 i.e 150,000 naira each for an attempt to recruit two females to Osogbo, Osun state for exploitative prostitution.” the statement read.

    TheNewsGuru.com (TNG) reports that NAPTIP is a law enforcement agency of the Federal Government of Nigeria, founded on the 14th of July, 2003 by the Trafficking in Persons (Prohibition) Enforcement and Administration Act of 2003 in order to combat human trafficking and other similar human rights violations.

    Court jails 27-year-old woman for human trafficking in Osun

    NAPTIP is a national compliance to the international obligation under the Trafficking in Persons Protocol and responds to the need to prevent, suppress and punish trafficking in persons, especially women and children, complementing the United Nations Transnational Organized Crime Convention (UNTOC). It is one of the agencies under the supervision of the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development.

    Since its inception, the agency have investigated over ten thousand cases of human trafficking and prosecuted about five hundred defaulters.[2] Between 2003 and 2017, they convicted over 331 human traffickers and rescued about 3000 victims from Libya and other places.

    Senator Basheer Mohammed took over from Mrs Imaan Suleiman Ibrahim as the Director General of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) in May 2021.

    In September 2021, Senator Basheer Mohammed was replaced by Fatima Waziri-Azi.

     

  • 2023 General elections: Court declares Prof Ben Ayade as APC’s rightful Senatorial candidate to Cross River North

    2023 General elections: Court declares Prof Ben Ayade as APC’s rightful Senatorial candidate to Cross River North

    A Federal High Court in Abuja has declared Cross River State Governor, Prof Ben Ayade, as the All Progressives Congress (APC) rightful Senatorial candidate to the Cross River North Senatorial District in the 2023 General elections.

    The trial judge, Justice Nkeonye Evelyn Maha, dismissed Suit No: FHC/ABJ/CS/1232/2022, instituted by Cecilia Omonya Adams, who had claimed to be the rightful Senatorial candidate.

    Ayade had through his counsel, Chief Mike Ozekhome, SAN, argued that MRS CECILIA OMONYA ADAMS who had participated in the May 28 primaries of the APC, but did not participate in the APC primaries of 14th July, 2022, for the Cross River North Senatorial District towards the 2023 General Elections, has no locus standi to approach the court to challenge the candidacy of Governor Ben Ayade who was duly nominated by his APC party during the July 14, 2022 primaries.

    The Plaintiff had through an Originating Summons filed on 26th July, 2022, approached the Federal High Court, Abuja, praying amongst others, for “AN ORDER directing the INEC to recognize, accept and publish her name as the candidate of the APC for the Cross River North Senatorial District.

    She had also asked, in the ALTERNATIVE, for “AN ORDER directing the APC to conduct another primaries where only those who had bought forms to contest the primaries of 28th May, 2022, will participate; or that the Plaintiff be confirmed and returned as the candidate of the APC for the said election.

    Also joined as Co-defendants with Ayade in the suit challenging the APC primaries were the APC, INEC and Martin Orin, who had earlier won the May 28 Senatorial primaries, but had resigned to enable a fresh primaries be conducted by INEC. It was from this fresh primaries that Ayade emerged as the sole contestant and winner on 14th July, 2022.

    Justice Maha in her judgment delivered Wednesday, 30th November, 2022, while dismissing the Suit, agreed with the submissions of Chief Ozekhome, SAN, that MRS ADAMS lacked the locus standi to have instituted the suit against Governor Ayade having not participated in the APC primaries of 14th July, 2022, from which Governor Ayade duly emerged as the APC candidate for the Cross River North Senatorial District.

    The court held that Mrs ADAMS failed to establish or prove that Ayade was not properly nominated by his party; or that any of the provisions of the 1999 Constitution, the Electoral Act, INEC Guidelines, or the Constitution of APC, had in any way been breached by the APC or Ayade in his emergence as the APC Senatorial candidate.

    Justice Maha further declined to accept the argument of the plaintiff that the fresh primaries thus held were re-run elections, rather than by-elections.

    The court also held that even on the issue of “place holder” which the plaintiff harped on, the Electoral Act was silent on it as it has no provision pertaining to place holder.

    The court equally held that there was ample documentary evidence of the conduct of valid primaries in which Ayade who was the duly nominated candidate of the APC, solely participated and won, without evidence of the plaintiff participating in them.

    There was equally documentary evidence that the APC duly notified INEC of the primaries conducted on the 14th of July, 2022; and that the requirement of giving notice as contemplated under the Electoral Act is not to notify the plaintiff (Cecilia), but INEC.

    Ayade who had earlier in the year won his defection case from PDP to APC against the PDP before Justice Taiwo Obayomi Taiwo in a suit also argued by Ozekhome now has his coast cleared as the APC Senatorial candidate for the 2023 Cross River North Senatorial District.

  • Alleged N6.9bn fraud: Court adjourns Fayose’s trial until Jan. 31

    Alleged N6.9bn fraud: Court adjourns Fayose’s trial until Jan. 31

    The Federal High Court in Lagos on Friday adjourned the alleged money laundering trial of former Governor of Ekiti state, Ayodele Fayose, until Jan. 31 and Feb. 1.

    The case was earlier scheduled for continuation of trial on Oct. 26, but could not proceed due to a mix up in the date, while a new trial date was to be agreed on by parties and fixed by the court.

    Fayose is being prosecuted by the Economic and Financial Crimes Commission (EFCC) over N6.9billion fraud and money laundering charges.

    He was first arraigned on Oct. 22. 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd, on 11 counts bordering on fraud and money laundering offences.

    He had pleaded not guilty to the charges and was granted bail on Oct. 24, 2018, in the sum of N50 million with sureties in like sum.

    The defendant was subsequently, re-arraigned before Justice Chukwujekwu Aneke, on July 2, 2019, after the case was withdrawn from Justice Olatoregun, following EFCC’s petition.

    He had also pleaded not guilty to the charges and was allowed to continue on the earlier bail granted, while the case was adjourned for trial.

    The commission has since opened its case before Justice Aneke, and is still leading witnesses in evidence.

    In December 2021, EFCC had called its 11th witness, one Mrs Joanne Tolulope, who had narrated how Abiodun Agbele, an associate of Fayose, bought properties worth several millions.

    Trial will now continue on Jan. 31, 2023.

    The News Agency of Nigeria (NAN) recalls that during trial before Justice Olatoregun the prosecution had called witnesses, from several commercial banks, as well as a former Minister of State for Defence, Sen. Musiliu Obanikoro.

    The EFCC alleged that on June 17, 2014, Fayose and one Abiodun Agbele were said to have taken possession of the sum of N1.2 billion.

    The money was said to be for the purposes of funding his gubernatorial election campaign in Ekiti, a sum they reasonably ought to have known formed part of crime proceeds.

    Fayose was alleged to have received a cash payment of five million dollars, (about N1.8 billion) from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution.

    He was also alleged to have retained N300 million in his account and took control of the aggregate sums of about N622 million which sum he reasonably ought to have known formed part of crime proceeds.

    Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain the aggregate sum of N851 million which they reasonably ought to have known formed part of crime proceeds.

    Besides, the defendant was alleged to have used the aggregate sum of about N1.6 billion to acquire properties in Lagos and Abuja, which he reasonably ought to have known formed part of crime proceeds.

    He was also alleged to have used N200 million, to acquire a property in Abuja, in the name of his older sister Moji Oladeji.

    The offence, the anti-graft agency said, contravened the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.

  • Former banker jailed for diverting customer’s fixed deposit

    Former banker jailed for diverting customer’s fixed deposit

    Justice AT Mohammed  sentenced  Okafor to one-year imprisonment for forgery and uttering of documents.

    Okafor pleaded guilty to the two-count charges when arraigned by the Port Harcourt Zonal Command of the Economic and Financial Crimes Commission (EFCC).

    In December 2007, in Port Harcourt, Rivers, the ex-staff of First City Monument Bank (FCMB) produced a forged document to wit: Re: N2,500,000 Investment in Bankers Acceptance dated 5/12/2007 to Donatus Ogbonna.

    The offense contravened Section 1 (2) (c) of the Miscellaneous Offences Act M17 of the Revised Edition (Laws of the Federation of Nigeria) Act, 2007 and punishable under Section 1 (2) of the same Act.”

    Prosecution counsel, E. Abbiyesuku prayed the court to convict and sentence the defendant as charged.

    However, defense lawyer, Echozona Etiaba (SAN) appealed for justice with mercy, adding that Okafor was a first-time offender with no previous criminal records.

    Justice Mohammed convicted and sentenced the defendant to one year imprisonment without an option of fine.

    The judge ordered the former Relationship Officer, who diverted funds meant for fixed deposit, to restitute to the victim the sum of N4,868,625.

  • PDP set to appeal Court ruling nullifying primary elections in Ogun state

    PDP set to appeal Court ruling nullifying primary elections in Ogun state

    The National Working Committee of the Peoples Democratic Party PDP on Wednesday said it will appeal the Federal High Court Judgment that nullified the state primary elections in Ogun State.

    Recall that the Federal High Court sitting in Abeokuta  presided over by Hon. Justice O. Oguntoyinbo ordered the PDP in the state to conduct a fresh election to nominate candidates for the 2023 general elections.

    The party expressed dissatisfaction over the ruling in suit No. FHC/AB/CS/83/2022 delivered on September 27, 2022.

    The PDP said the appeal had become imperative after its NWC evaluated the judgment during its meeting held on Tuesday at the PDP National Secretariat.

    In a statement by its spokesperson, Hon. Debo Ologunagba, on Wednesday, the party said it had directed its legal adviser to commence necessary actions.

    “In his judgment, Hon. Justice Oguntoyinbo held thus “I hereby Order that fresh primary elections be conducted by the current Ogun State Executives of the 2nd Defendant Peoples Democratic Party for the nomination of candidates for elective positions i.e House of Assembly, House of Representatives, Senatorial and Governorship elections within 14 days.

    “After a comprehensive review and extensive consultations with Party leaders and critical stakeholders particularly in Ogun State, the NWC has resolved to appeal the Judgment.

    “Consequently, the NWC has directed the National Legal Adviser of the Party to commence all actions necessary to appeal the judgement.

    “The party urges all candidates of the party in Ogun State, all critical stakeholders, party members, and teeming supporters to remain focused and not allow themselves to be distracted as the PDP rally Nigerians to Rescue, Rebuild and Redirect the nation from the misrule of the sitting government,” the statement read.

  • Court nullifies Ogun governorship primary elections, orders fresh one

    Court nullifies Ogun governorship primary elections, orders fresh one

    A Federal High Court sitting in Abeokuta, Ogun state capital on Tuesday, nullified the guber primary elections conducted by the Peoples Democratic Party (PDP) in the state.

    The court ruled that a fresh primary election should be conducted by the party, ruling that the primaries conducted were not in compliance with the Electoral Act.

    The party had on May 25 conducted the primary election which produced two factional candidates, Adebutu and Sowunmi as the flagbearers of the party.

    However, three members of the party, Taiwo Olabode Idris, Kehinde Akala, and Alhaji Ayinde Monsuri, subsequently dragged the party, Adebutu, and INEC to court, challenging the authenticity of the delegates’ list used for the conduct of the primary election.

    The plaintiffs, Taiwo Olabode Idris; Kehinde Akala, and Alhaji Ayinde Monsuru, in an Originating Summons filed by Dr. Kemi Pinherio SAN, had approached the Court seeking an order nullifying or setting aside the Special State Congress or indirect primary election held by the party on the 25th of May, 2022 to choose the candidate which the party intends to nominate or sponsor at the 2023 Governorship election in Ogun State based on the list of delegates who were not democratically elected at the ward congress.

    They also prayed for an order of the court directing the Independent National Electoral Commission (INEC) to disregard or refrain from giving effect to the results of the alleged first defendant indirect primary election, conducted in May, based on the list of ad-hoc delegates who were not elected at the ward congresses constituted by the party for that purpose.

    Reacting to the judgment, the counsel to the plaintiffs, Thaddeus Idenyi, said the court nullified the election “because it was conducted using a list of ad-hoc delegates who were not elected.”

    “The implication of the judgment is obvious, the PDP will have to put their hats together and then conduct a fresh primary as ordered by the court.

    “This time around, the court was specific that they have to use the list that has been certified by INEC because after the primary, those lists were submitted to INEC as parts of its report of covering those ward congresses held, so the court has now said that is the list which must be considered in the conduct of the fresh primaries, so the PDP had to just put their house together and use those lists to conduct a fresh primary,” Idenyi added.

    When contacted the Publicity Secretary of PDP in the State, Akinloye Bankole, said the party would study the judgment before it will take any step on it.

  • 2023: Court nullifies PDP guber primary election

    2023: Court nullifies PDP guber primary election

    The primary election that brought in Dauda Lawan Dare as the Governorship candidate of the Peoples Democratic Party has been nullified by the Federal High court in Gusau, Zamfara State  ahead of the 2023 general elections in the country.

    The Federal High Court Judge, Justice Aminu Bappa revealed that the court granted all the prayers of the plaintiffs and cancelled the election of Dauda Lawan Dare as the party’s flag bearer.

    “This court has granted the prayers submitted in this honourable court by the plaintiffs and hereby ruled in their favour” the judge added.

    “The 109-page judgement will be presented to the counsels of both the plaintiffs and the dependants”.

    Speaking with newsmen immediately after the ruling, the counsel to all the plaintiffs, Barrister Ibrahim Aliyu said the court has nullified the election of Dauda Lawan Dare as the PDP governorship candidate according to the prayers they submitted before the court.

    “We believe in justice because the Court has seen reasons to nullify the election of Dauda Lawan Dare as PDP candidate in Zamfara state”

    “We had in our prayers urged the court to nullify the election which was characterised by a series of irregularities and we are happy that our prayers have been granted”

    The 2023 gubernatorial elections will hold on March 11th, 2023.

  • High Court stops Sports minister, Pinnick from conducting NFF executive election

    High Court stops Sports minister, Pinnick from conducting NFF executive election

    A Federal High Court, Abuja, on Thursday, restrained the Minister of Youth and Sports, Sunday Dare, and President, Nigeria Football Federation (NFF), Amaju Pinnick from conducting the NFF executive election scheduled for Sept. 30 in Edo.

    Justice Inyang Ekwo, in a ruling on an ex-parte motion moved by counsel for the claimants, Celsus Ukpong, ordered the the minister, Mr Pinnik or any person, acting on their instruction, to maintain a status quo pending the hearing and determination of the motion on notice for interlocutory injunction.

    “Counsel for the claimants informed the court that the defendants are taking action that will adversely affect the subject matter of this case.

    “Parties are hereby ordered to maintain status quo ante pending final order of this court,” he ruled.
    Justice Ekwo then reverted the matter to Oct. 31 for hearing.

    Newsmen reports that, in the motion marked: FHC/ABJ/CS/1376/2021, Harrison Jalla, Chief Victor Rumson Baribote, Austin Popo and National Association of Nigerian Footballers (NANF) are 1st to 4th claimants respectively.

    In the application dated and filed on Sept. 2, NFF, Pinnick and the minister are 1st to 3rd defendants respectively.

    In the motion, the claimants’ sought an interim order restraining the defendants, his agent, employees, staff, officials or electoral committee from organising or conducting any election into any executive office of the NFF pending the hearing and determination of the motion on notice for interlocutory injunction.

    In the affidavit in support of the motion deposed to by Fayenengigha Jacob, a lawyer in the chamber of Ukpong, he said the defendants had been served with processes in the case and that NFF and Pinnick had entered appearance in the matter, while the minister, though served with court papers, he had not entered appearance.

    Jacob averred that one of the complaints in the matter was the undemocratic manner in which the NFF was being constituted resulting in depriving the majority of the stakeholders and members of the NFF from having a say or contributing to the development of football in Nigeria.

    According to him, the glory of Nigeria football has nosedived as a result of its undemocratic manner of the leadership of the said body.

    He said the complainants were deliberately excluded from the last congress held in Lagos for no just reason.

    “That the claimant had legitimately call on the leadership of the said body to set machinery in motion to amend the 2010 NFF statute that was manipulated to deprive the majority of the NFF members such as the Professional Football Association, the league, the coaches body and the players from participating in any election let alone of winning same.

    “That the said leadership of the NFF, the 2nd defendant (Pinnick), his agents, privies refused or neglected to allow the due process to take place in amending the said 2010 NFF statute,” he said.

    Jacob said while this matter is still pending in court the defendants are going ahead to announce and purportedly try to organise and conduct an election of the said body in September, 2022.

    He said the defendants had been served with the motion on notice for interlocutory injunction to restrain them from conducting any election into the executive offices of NFF until after the hearing and determination of the substance matter,

    According to him, while the motion on notice for interlocutory order restraining the defendants from disturbing the res in the matter, the defendants have drawn out a time table and set up an electoral committee to conduct an election to the offices in question on Friday 30th September, 2022 in Benin City Edo State.

    He said the substance of the matter would be defeated should the said election slated for September goes ahead and without hearing of the pending motions and substantive matter.

  • 2023: Court confirms Shittu Ikorodu PDP NASS candidate

    2023: Court confirms Shittu Ikorodu PDP NASS candidate

    The Federal High Court in Lagos has declared Abdul-Kareem Shittu as the PDP House of Representatives candidate for Ikorodu Federal Constituency in 2023.

    Justice Daniel Osiagor made the declaration on Friday, saying Shittu won the party’s Reps primary election conducted May 24, 2022 by a simple majority.

    Justice Osiagor ordered the PDP to submit Shittu’s name to the Independent National Electoral Commission as the validly nominated candidate for the constituency.

    He ordered this while delivering judgment in Shittu’s suit challenging the PDP’s purported submission of the name of the third defendant in the suit, Awesu AbdulAzeez to INEC as its candidate for the constituency.

    The PDP and INEC are first and second defendants.

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    Delivering judgment on preliminary objection of the 3rd defendant on the ground that the matter was statute-barred, Justice Osiagor held that the plaintiff did not run afoul of Section 285 of the Electoral Act which prescribed a 14-day window for pre-election matters.

    The Judge further held that what Shittu complained of was not the result of the election but the purported submission of the name of the third defendant to INEC on June 17, which he became aware of on June 18, adding that the plaintiff’s suit took care of that window limitation.

    On the third defendant’s objection that the plaintiff did not seek the resolution of the dispute through the internal mechanism of the party as stipulated in the party’s constitution, Justice Osiagor held that the party’s rule was subservient to the Electoral Act.

    He added that the provisions in the party’s rules which provided for internal mechanism in dispute resolution could not rob the Federal High Court of jurisdiction that was freely given under the Electoral Act.

    The judge also held that there was no cogent reason given for the repeat election of June 6, nor the cancellation of that primary election of May 24 as the INEC form was signed by officials of the party responsible for same.

    In addition, Justice Osiagor noted that the INEC official countersigned it with the name of the plaintiff written on it as winner of the primary election.

    The judge said to make matters worse, the PDP did not come to court to deny or file any document to prove the genuineness of the June 6 result tendered by the plaintiff.

    In all, Justice Osiagor granted prayers one to five on the face of the plaintiff’s motion paper. He struck out reliefs six and seven, and dismissed reliefs eight and nine.

    The judge warned that politicians should note that gone were the days when they would gather people together in the name of elections and later go back to over rule the mandate given by the people.

    In his affidavit before the court, Shittu had averred that he participated in the primary election conducted by the PDP to elect its candidate for the House of Representatives in Ikorodu on May 24, 2022, and got the highest number of vote cast.

    He averred that having won the primary election, his name was announced in the presence of all the party’s members who witnessed and participated in the election and his name was entered into the official result slip of the party.

    Shittu stated that the party later cancelled the primary election due to a petition written by the third respondent, and the party rescheduled the election following which it was held on June 6.

    He averred that at the rescheduled primary election in which he and Awesu AbdulAzeez participated, both of them got the same number of votes and based on that and in line with the party’s guidelines for primary election to nominate its candidate, there should be re-run.

    The plaintiff added that the party didn’t conduct any re-run election but went ahead to nominate the third respondent as its candidate to INEC.

  • Court remands oil and gas marketer in prison for alleged fraud

    A Federal High Court in Lagos State has remanded in the Nigerian Correctional Services, NCS, an oil and gas marketer, Emmanuel Morah, who was arraigned over alleged fraud and issuance of dud cheques.

     

    The trial judge, Justice Akintayo Aluko, ordered that the defendant be remanded in custody till the perfection of the bail terms.

     

    Justice Aluko granted bail to Morah in the sum of N10m, with one surety in like sum.

     

    The judge admitted bail to the defendant, after listening to the submissions of both parties.

     

    According to the judge, the surety must be a resident and a property owner within the court’s jurisdiction, who must swear an affidavit of means.

     

    He stated that both the defendant and the surety must deposit their two recent passport photographs with the court, adding that the prosecutor must be part of the verification, and that the surety must be recognised by a cleric.

     

    The defendant was said to be among the convicts recently granted amnesty by the federal government on health grounds, but was yet to be released from the custody of the Nigerian Correctional Services.

     

    Morah whose companies include Rocky Nigeria Limited, Rocky Oil Limited, and Rocky Energy Limited, was reportedly docked for obtaining the sum of N24m from the Chairman, Beauty and Fragrance International Limited, Alhaji Kayode Kasumu.

     

    He was said to have defrauded the complainant under a false representation that he would use the money to complete a property at No. 10 Adeola Odeku Street, Victoria Island, Lagos, within two months, and rent part of it to him.

     

    The defendant was also alleged to have issued a Diamond Bank cheque, dated October 2, 2016, with monetary value of N10m, with account name, Rocky Energy Limited, in favour of Beauty and Fragrance International Limited, which was rejected and dishonoured on grounds of insufficient funds in the account.

     

    According to the prosecutor, Mr Justine Enang, the offences committed were contrary to and punishable under sections 1 (1) (a), (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006; and sections 1 (1) (b), (2), and section 2 of the Dishonoured Cheques (Offences) Act, CAP D11 Laws of the Federation of Nigeria, 2004.

     

    The defendant pleaded not guilty to the charge preferred against him. Following his plea, Enang asked for a trial date and urged the court to remand him in custody.

     

    Morah’s counsel, E. M Ojere, while responding to the prosecutor’s request, told the court that he had filed the defendant’s bail application and the same had been served on the prosecution.