TheNewsGuru

Tag: FHC

  • 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.

  • Abuja woman drags ex-SDGs financial director, deputy to court for accusing her of leaking classified documents to EFCC

    A federal civil servant working at the Sustainable Development Goals Office, Mrs Aisha Al-Amin, has filed a defamation suit at the Upper Area Court, Gudu, Abuja, against a retired Director of Finance and Account, Mr Sani Muhammad.

     

    Mrs Aisha Al-Amin also dragged the retired deputy director, Mr Ayeni Richard, to court for alleged criminal defamation and intimidation, saying the duo alleged that she leaked some classified documents to the Economic and Financial Crimes Commission, EFCC, to indict them.

     

    It was gathered that Mrs Al-Amin also filed a civil defamation suit at the FCT High Court, against Muhammad who retired a few months ago, and Richard who just retired from service last Wednesday, September 7, 2022.

     

    She said, “These men have been victimizing me, and they’ve instigated people to victimize me. They alleged that I leaked some classified documents to the EFCC, and despite letting them know that I did nothing of such, they never believed me. I have been traumatized, and I can’t just help it, that was why I had to sue.”

     

    Amin’s lawyer, Danshitta Shittu, who also spoke noted that it was left for the court, through the penal code, to do justice to the defamation suit.

     

    He said, “We have filed a Direct Criminal Complaint for criminal defamation at the Upper Area Court at Gudu, and if they’re found guilty, they’ll be looking at about two years in jail. We also filed a civil defamation suit against them at the FCT High Court, and if they’re found guilty they’d have to pay monetary compensation to my client.

     

    “Our client’s reputation has been damaged, and we have witnesses to prove that it is not the first or second time these defendants have moved to damage her hard-earned reputation. The allegations they are peddling around to damage her reputation are false.

     

    “In April, when she was suddenly posted out of the office, their boss in the SDGs’ office and a Senior Special Assistant to the President, Mrs Adejoke Adefilure, invited one of them, the second defendant, to explain to the circumstances that led to her posting out of the office.

     

    “They raised the same allegations against the claimants that she had been releasing official documents to the EFCC but when the SSA asked for the evidence, they could not produce any evidence. That was when the SSA invited the claimant to disregard the posting and continue with her work.”

  • Court dismisses suit to grant states power to manage LG funds

    Justice Inyang Ekwo of the Federal High Court in Abuja has dismissed a suit filed by 36 states, challenging the legality of the Nigerian Financial Intelligence Unit, NFIU, Guidelines, which came into effect on June 1, 2019.

     

    The suit marked (FHC/ABJ/CS/563/2019) was filed through their Attorneys General and the Nigeria Governors’ Forum, NGF.

     

    The NFIU 2019 guidelines required among others, that the States/Local Governments Joint Accounts should be used only for receiving funds and subsequently transferring them to Local government accounts only.

     

    The NFIU claimed that the guidelines, which also limit daily cash withdrawal from the State/LG joint account to N500,000 are intended to reduce “crime vulnerabilities created by cash withdrawal from local government funds throughout Nigeria effective from June 1, 2019.”

     

    TheNewsGuru.com (TNG) reports that listed as defendants in the suit are the Attorney General of the Federation (AGF), the NFIU and the Nigeria Union of Local Government Employees (NULGE).

     

    They argued among others that the NFIU guidelines: known as “the NFIU Enforcement and Guidelines to Reduce Crime Vulnerabilities Crafted by Cash Withdrawal From Local Government Funds Throughout Nigeria,” particularly provisions 1 to 6 and the penalties prescribed are ultra vires the power of the NFIU under Sections 3 (1) and 23(2) (a) of the Nigerian Financial Intelligent Unit Act, 2018 and therefore unconstitutional.

     

    In the judgement on Monday, Justice Ekwo held that he is unable to see where the guidelines contradict the provisions of sections 7(1), (6) (a) and (b) of the Constitution.

     

    The judge added that the guidelines also did not conflict with the provision of Section 162(6) of the Constitution, which creates the State Joint Local Government Account, into which allocations to the Local Government Councils of the state from the Federation Account and from the government of the state are paid.

     

    He said that the guidelines did not contradict Section 162(8) of the constitution which prescribed that the amount standing to the credit of the local government council of the state shall be distributed among the local government councils of that state on such terms and in such manner as may be prescribed by the House of Assembly of the state.

     

    Justice Ekwo added that the provisions of the NFIU guidelines also do not contradict the provisions of the 4th Schedule to the 1999 Constitution which prescribes the functions of a Local Government Council.

     

    Noting that “ duty of the court is limited to expounding the law and not expanding it,” the judge said: “On the whole, I see the provisions of the guidelines of the 2nd defendant as seeking to direct the monitoring of accounts, transfers and any other means of payment or transfer of funds of local government councils as provided for in Section 3 (1) (r) of the Act of the NFIU.

     

    “It only limits cash withdrawal made from any Local Government Account anywhere in the country to amount not exceeding N500,000.00 (Five Hundred Thousand Naira) per day.

     

    “Any amount higher than that can be done using other methods of banking transaction save cash.

     

    “Unless it can be shown that there is any provision of the 1999 Constitution (as amended) which these provisions of the 2nd defendant’s guidelines have contradicted or conflicted directly and practically, then the issue of unconstitutionality cannot be said to arise.”

     

    Justice Ekwo said he found that there was no provision in the NFIU’s guidelines that has contravened the provisions of Sections 7(1), (6) (a) and (b), 162 (6), (7) and (8), and the 4th Schedule to the 1999 Constitution (as amended).

     

    “I also find that the case of the plaintiffs has not been established and I so hold. I find, in the end, that the case of the plaintiffs lacks merit and ought to be dismissed and it is hereby dismissed,” the judge said.

     

    Earlier, Justice Ekwo struck out the name of the NGF as a co-plaintiff in the suit on the grounds that it lacked the locus standi to file the suit.

  • Kpokpogri finally clears air about role Tonto Dikeh played in the demolition of his Abuja house

    Kpokpogri finally clears air about role Tonto Dikeh played in the demolition of his Abuja house

    Joseph Egbri, aka Kpokpogri, a politician and former lover of actress, Tonto Dikeh, has finally cleared the air about the role Nollywood actress played in the recent demolition of his house in Abuja.

    Kpokpogri pointed out that the Federal Housing Authority (FHC) and Federal Capital Territory Administration (FCTA) are liars from the pit of hell to have said they had given him several notices before the building was eventually demolished.

    “They had the audacity to come into somebody’s property, without prior notice, and demolished it because they are in power. Very soon, they will leave power, and the same treatment they meted out to others would be accorded them.

    “It was after I built the house that the place became habitable, and activities began to pick up in the area. I daresay it was that building that attracted development in that area. The place was practically a bush for many years.

    “Even the original allottee got that allocation in 2015. If they knew there was to be a road there, why did they not revoke it (the allocation)? When I was building (my house), the FHA usually came to supervise the building from the beginning to the end. Even when I was putting up a fence, they came.

    “They just came from nowhere with a vicious excuse which I consider to be an afterthought that a road is supposed to pass through my house. There are empty lands there (in the area) that people have not built, why doesn’t the road go through those on occupied lands, he said.

    Talking about the role Tonto Dikeh played in the demolition of his house, Kpokpogri asserted that those linking her to it are liars.

    “Those are lies. Tonto has nothing to do with it. She knows nothing about what happened there. I believe there are some people behind what happened and God is going to expose them all. They will suffer 10 times what I did on that day, because that thing (demolition) is not ordinary.

    “I cannot kill myself. I have my kids to live for. There are also many youths who depend on me to survive. I don’t care what she is saying. I don’t even want to say anything about that girl. I don’t want to be involved in anything concerning her,” he added.

    Tonto Dikeh’s former lover noted that the reason his house was demolished has nothing to do with the claim that it was because there was to be a road there, but because he is not a northerner.

    In his words: “This same thing has been done to many of our southern and eastern brothers. There is a man who built a very massive estate of over 100 units here in Abuja. But, because he is from Anambra State, when the man was building, nobody went there to put up any notice (for him to stop work).

    “But, as soon as he finished building, they went to mark the place for demolition. What kind of oppression is that? Something needs to be done about that. I am sure something like this would not have happened to a northerner in a place like Asaba or Warri (Delta State).”

    On how he acquired the land, Kpokpogri explained that it was a lawyer in the FHA, one Mr Uche, that sold the property to him.

    “Being a civil servant, he should have known that a road would pass through the property he was selling, so why did he involve himself in that kind of transaction.

    “After buying the two plots, I took my building design to them. When they saw the design, they condemned it. They said they were the ones that would draw the design for me, that they could not allow me to go ahead with it.

    “I said if that was the case, so be it. They then did the design, signed it, brought it back to me, and gave me a copy after I had paid for my building development.

    “I paid all the fees I was required to pay to the government, including the building approval. If the building approval was not properly paid, they would not have allowed me to start any work on the property,” he posited.

    Kpokpogri opined that the minister that ordered the demolition of his house does not have the fear of God and kind of house, saying “even when his personal assistant, Sani Daura, came to my house, the first thing he said was, ‘Oga, this your house is beautiful. Even my boss does not have this kind of house”.

    TheNewsGuru.com (TNG) recalls that the FCDA claimed the demolished building (Kpokpogri’s house) was obstructing a road alignment that was designed to serve as an important bypass to the Abuja-Keffi axis.

    Reacting to the claim, he said: “Those are lies. Go and check the Abuja masterplan, if there is any road like that passing through that place. Go and check the FHA master plan. I went to the FHA three times and they asked me to go, that my house would not be affected.”

  • ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    Former President of Igbo think tank group, Aka Ikenga, Chief Goddy Uwazurike, on Thursday, said the Court of Appeal was on firm ground when it declared that the Federal High Court (FHC) Umuahia, lacked the jurisdiction to entertain the matter.

     

    TheNewsGuru.com (TNG) reports that the Court of Appeal, Abuja Division, on Wednesday, set aside the judgment of the Federal High Court in Umuahia, which voided the provision of Section 84(12) of the Electoral Act 2022.

     

    Chief Goddy Uwazurike

     

    Reacting to the Court of Appeal ruling, Uwazurike said: “The major reason is that the plaintiff had no locus standi to file the suit. It’s important to point out that a few days before the Umuahia case was filed, one man had gone to the Federal High Court sitting in Ibadan with the same prayers.

     

    “The presiding judge, Justice Agomoh struck out the suit on the ground of lack of locus standi. Locus standi actually means, what are you standing on or what concerns you personally. In a claim in any court, a litigant states how it affects him. So, the Court of Appeal is on solid ground in this regard.

     

    “Now, the next issue is the opinion of the court on the constitutional position of section 84(12) of the Electoral Act. The Supreme Court has stated that the Court is expected to give an opinion on the issues before the court. This is because the matter can be resolved completely by the Supreme Court.

     

    “But the judgment of the court today is that the Federal High Court sitting in Umuahia had no jurisdiction over the case. So the Electoral Act as signed into law by Mr President is the law today.”

  • Why Court of Appeal is unfit to rule on Section 84(12)- Worer Obuagbaka

    Why Court of Appeal is unfit to rule on Section 84(12)- Worer Obuagbaka

    A Lagos-based lawyer, Mr Worer Obuagbaka, has explained why the Court of Appeal, Abuja, cannot declare the provision of section 84(12) of the Electoral Act unconstitutional.

     

    Worer, noted that the Court of Appeal may be expressing its opinion.

     

    He asserted that the Court of Appeal, having set aside the judgment of the Federal High Court, FHC, Umuahia, for lack of jurisdiction, cannot deliver a ruling on the same.

    He noted that the media report on Wednesday’s ruling by the Court of Appeal, Abuja, may not be the proper details, hence requesting a certified true copy of the court for more reaction.

     

    In his words: “This may not be the proper report of the judgment. One needs to read the certified true copy of it to know what actually transpired at the Court.

     

    “However going by the report, I believe that the Court of Appeal has restored the provision of section 84(12) of the Nigerian Electoral Act 2022.

     

    “The Court of Appeal, having set aside the judgment of the Federal High Court Umuahia, for lack of jurisdiction , cannot deliver a ruling on same. A court of law cannot approbate and reprobate on the same issue. In fact , you cannot put something on nothing and expect it to stand.

     

    “Therefore, the Court of Appeal cannot declare the provision of section 84(12) of the Electoral Act unconstitutional. The Court may be expressing its opinion, which is not law.”

     

    TheNewsGuru.com (TNG) had reported that the Court of Appeal, On Wednesday, ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

     

    According to the Court of Appeal ruling, Section 84(12) of the Electoral Act denies a class of Nigerian citizens their right to participate in an election.

     

    TNG reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.