Tag: High Court

  • Abuja Federal High Court defies NLC, TUC’s strike directive

    Abuja Federal High Court defies NLC, TUC’s strike directive

    As the strike by Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) enters second day, court activities at the Federal High Court (FHC), Abuja were going on smoothly.

    A check by NAN Showed that judges, staff, lawyers and litigants in the high-rise building were going their own businesses without hindrance.

    From the 1st floor to the 5th floor that housed the 13 courts in the building, NAN observed that no fewer than eight courts were sitting.

    It would also be recalled that court activities went on unchecked yesterday.

    However, a notice of congress meeting by the FHC’s chapter of the Judiciary Staff Union of Nigeria (JUSUN) signed by its Public Relations Officer, G.A. Maku, said there would be emergency meeting of all staff by 11am today.

    It reads: “All members of staff are expected to converge at Ukeje Hall @11am this morning for an emergency meeting.

    “This meeting is noteworthy as members will be briefed on the position of the union with regards to the on-going NLC strike action and other important issues please.”

  • FCT High Court grants ex-CBN gov, Emefeile bail

    FCT High Court grants ex-CBN gov, Emefeile bail

    The Federal Capital Territory High Court on Wednesday admitted the embattled former Central Bank Governor, Godwin Emefiele, to bail.

    The court ordered that he should be released to his counsel and must be produced in court when needed.

    The presiding judge, Justice Adeniyi, also ordered him to deposit all his travel documents with the court’s registrar

    Details to follow…

  • Sacked Soun of Ogbomosho set to appeal removal in court – Palace

    Sacked Soun of Ogbomosho set to appeal removal in court – Palace

    A state High Court sitting in Ogbomoso, on Wednesday, nullified the selection of Oba Ghandi Olaoye as the new Soun of Ogbomoso.

    Recall that Ghandi emerged the new Soun of Ogbomosho on September 8, 2023, months after the throne had become vacant following the death of the late Oba Jimoh Oyewumi on December 12, 2021.

    The previous monarch, Oba Oyewumi,  died aged 95, after ruling for  48 years.

    Few weeks back, Prince Kabir Olaoye,  one of the contestants to the throne, approached the court challenging Ghandi’s emergence and the process that brought him to the throne.

    In the suit marked HOG/27/2022, the plaintiff  alleged irregularities in the process that led to Ghandi’s emergence as Soun of Ogbomosho.

    Delivering his judgment, however, in a suit filed by Laoye, Justice Kareem Adedokun, ruled that the selection process that led to Ghandi’s emergence was fraught with illegalities.

    The judge held that Ghandi was not validly nominated by the Laoye Ruling House and declared that “the nomination; approval by the state government and installation by the kingmakers was null and void.”

    The judge, therefore, granted the prayer of the plaintiff that “the nomination be set aside” and ordered “a fresh process.”

    However, a palace source informed newsmen that the judgment would be appealed, urging the people to be calm.

    “The case will definitely be appealed and so, people should not fret. In the case instituted by Prince Olaoye, the judge said the process was proper and valid but now the same process is faulted. It is conflicting, the Appeal Court will resolve that. People should be calm,” the palace source said.

  • Court dismisses suspended Ogun LG chairman’s suit to stop probe

    Court dismisses suspended Ogun LG chairman’s suit to stop probe

    An Ogun State High Court sitting in Ijebu Ode on Wednesday dismissed an ex-parte application filed by Wale Adedayo, the suspended Chairman of Ijebu East Local Government asking the court to stop further investigations by councilors of Ijebu East LG probing him on allegations of financial mismanagement.

    Recall that councillors of the Ijebu East Legislative Council recently suspended Wale Adedayo in continuation of investigations over alleged financial mismanagement and ordered his vice to take over pending the conclusion of the investigation.

    On Tuesday in its ruling on the ex-parte motion argued by counsel to the plaintiff, Barrister O.T. Are, standing in for Adeyinka Kotoye SAN, on behalf of Adedayo, the presiding judge, Justice Ayodele Omoniyi, dismissed the application in “its entirety”.

    In its ruling, the court noted that the application by the plaintiff was not timely since he had received a notice on August 31 of the said resolution but waited till September 11 before filing his application.

    The judge said, “delay defeats equity.”

    The claimant was ordered to put the defendants on notice and come back for the hearing of the originating summons on September 22, 2023.

  • Court adjourns Nnamdi Kanu’s suit against DSS for adoption of processes

    Court adjourns Nnamdi Kanu’s suit against DSS for adoption of processes

    A Federal High Court, Abuja, on Monday, fixed a suit filed by Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) for adoption of processes.

    The matter was fixed for June 20 by the court registrar for adoption of applications filed by parties following the absence of Justice Binta Nyako in court.

    Justice Nyako was said to have gone for an official assignment.

    Newsmen reports that the judge had, on May 3, warned lawyers to the DSS and Kanu against truncating proceedings in the next adjourned date.

    Nyako gave the warning following the day’s proceeding that could not go on due to an oral application by DSS counsel, Idowu Awo, seeking for more time to respond to a further affidavit served on him by Kanu’s lawyer, Chief Mike Ozekhome, SAN, in the open court.

    Newsmen reports that Kanu, through his team of lawyers, had sued the DSS and its Director General as 1st and 2nd respondents in the matter.

    Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the DSS to allow him have unhindered access to his medical doctor, among others.

    The court had, on Feb. 1, granted Kanu, the permission to apply for an order of mandamus he sought after an ex-parte motion moved by Ozekhome to the effect.

    But in a preliminary objection filed by the DSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.

    It argued that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo on June 3, 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS and two others wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.

    It said the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgment.

  • Auto dealer, IVD arraigned for death of his wife, Abimbola

    Auto dealer, IVD arraigned for death of his wife, Abimbola

    Auto dealer, Ikechukwu Ogbonna, popularly known as IVD, has been arraigned before Justice Nicole-Clay of a Lagos State High Court in Ikeja over the alleged manslaughter of his late wife, Abimbola.

    Abimbola died in a fire incident at their residence in the Lekki area of the state on October 2022.

    The Lagos state government charged IVD to court on one count of involuntary manslaughter in suit No LD/21055C/23.

    At the resumed hearing of the case on Monday March 20, the prosecuting counsel, Adeshola Bello, told the court that there was a mix-up in the date the alleged offence was committed.

    “We have on record October 10 but the date was October 12,” Bello said.

    The prosecution counsel then urged the court to grant the prosecution permission to enable them to make an amendment, which the court granted. He told the court that the alleged offence committed contravened Section 229 of the Criminal Law of Lagos State, 2015.

    Auto dealer, IVD arraigned for death of his wife, Abimbola

    When the charges were read to him, IVD pleaded not guilty. His lawyer, Victor Ogunde, SAN, sought bail for the defendant.

    While seeking bail for the defendant, the judge asked why he was bringing a bail application despite the fact that the defendant was on bail since March 1.

    The defence counsel replied that the suit against his client was with a different charge number.

    Consequently, Justice Nicole-Clay adjourned the case till March 30, May 24 and 25, 2023, for the commencement of trial.

    TheNewsGuru.com (TNG) recalls that an Ebute Meta Magistrates Court in Lagos had remanded IVD over the death of his wife (Abimbola).

    In the verdict by Magistrate Adebayo Kafayat Tella, the decision was made following the advice of the Director of Public Prosecution (DPP), Lagos State, which indicted Ogbonna for involuntary manslaughter.

  • Dozzy Oil Vs Billionaire Ibeto land tussle: Ibeto not on trial, lawyer cries out

    Dozzy Oil Vs Billionaire Ibeto land tussle: Ibeto not on trial, lawyer cries out

    As Chief Cletus Ibeto, the Chief Executive Officer(CEO)of the Ibeto Group, who is the star witness in the land tussle between his companies and Dozzy Oil concludes his evidence in chief, his lead counsel, Dr Onyechi Ikpeazu(SAN)has lamented that he is not on trial, but merely in court to give witness in the suit.

    Dr Ikpeazu(SAN) had at the resumed hearing of the matter at a PortHarcourt High Court presided over by Hon Justice A.Enebeli urged the court to caution journalists covering the proceedings to note that Chief Ibeto was not in the “dock”, but “in the witness box”, as he was not on trial.

    That the business mogul who is claimant in the suit was only in the box to give evidence. And that he was not in any way on trial.

    Consequently the court charged all journalists covering the proceedings to be guided properly while doing their duty.

    During the proceeding, Chief Emmanuel Ukala, counsel to Dozzy Oil and Gas Ltd, asked Chief Ibeto, ” you tendered exhibit 15 and 16 with which you said you purchased the land from Ndoama community sometime in 2007.

    You also tended Exhibit 24; show the court where it was stated in the Rivers State Government panel’s report that the land will revert back to the original owners. He instead stated that he is aware of the government panel’s recommendations before he purchased the land. That it was reason he specifically wrote the state government seeking clarifications, and they replied asking him to proceed with the purchase. But he resisted a direct reference on the issue of whether any part of the panel’s recommendation specified that the land should revert back to the owners.

    This posture elicited a ding dong argument between him and Chief Ukala(SAN), counsel to Dozzy Oil. He refused to acknowledge the absence or otherwise of the clause that the land will revert back to the owners.

    The judge then intervened for counsel to put it to Ibeto that no part of the recommendations said that the land will revert to original owners. Consequently Ibeto requested for time to read through the documents after he proceedings. But he was informed it has to be at the moment.

    So the court magnanimously granted him some minutes break to enable him go through the documents. But at the resumption of proceedings Chief Ibeto stated that he was authorized by the State government to proceed to purchase the land.

    But Ukala(SAN)asked whether he was aware of a Special state government gazette that listed all the lands that were revoked by the Graham Douglas Committee. Ibeto said no, that the land in question measured 20.7 hectares.

    Counsel to Dozzy Oil, Ukala(SAN) asked him, you acknowledged being aware the land was revoked in 2001, yet went back in 2010/2017 to buy from them. Ibeto said that those who want to sell approached him and he bought.

    Another area of intense disagreement was on the issue of $3million which chief Ibeto insisted that he did not borrow it from Dozzy Oil and Gas boss, Chief Daniel Chukwudozie. That instead it was sold to him and he paid the Naira equivalent. Again, when the second S3million was mention, he quickly said there was no such transaction.

    But Ukala(SAN) insisted that it was the second S3million that added up the amount in dispute to N4billion for the land. And that there was a dispute with the conversion rate. Ibeto said he sincerely know the actual calculation being thrown up.

    He added, “my Lord am under oath. What am saying is true. There was no second S3million. Am happy the counsel(Ukala) know me very well.”

    Ibeto also acknowledged receiving the letter from the state government dated March 5,2018 requesting him to return the Certified True Copy of the documents relating to the land, that its certification was in error. He said he didn’t return the documents because there was nothing wrong with it. But when taken up on whether he got any letter from the Ministry that the letter they wrote was in error or fake. He said he didn’t receive any such letter.

    It was also discovered that Ibeto had engaged a private surveyor instead a government surveyor and could have been why the approval was withdrawn.

    Ibeto said he was not interested in that, insisting that the surveyor must not be working in the Surveyor General’s office. That if he (names withheld) was not approved, the Surveyor General’s office would not have registered him

    Ibeto was also intimated that Rivers State Inland Revenue has written to deny issuing most of the documents you presented.

    It was also discovered that payments of fifty naira for stamp duty receipts for multimillion naira transactions done in 2017 were only paid on Jan 26,2023 without any penalty payment.

    Ibeto was also asked if he was aware that Rivers State committees said that he do not own the lands he was selling.

  • Ugboma: Judges, lawyers shun court proceedings as strike commences in Imo

    Ugboma: Judges, lawyers shun court proceedings as strike commences in Imo

    Lawyers and judges in Imo State on Monday commenced a three-day strike over the killing of the magistrate in charge of Ejemekwuru Customary Court in Oguta Local Government Area of the state, Nnaemeka Ugboma.

    Ugboma was on Thursday afternoon shot dead by fleeing gunmen while presiding over a session in court.

    In a bid to express their anger over the magistrate’s killing, the five branches of the Nigerian Bar Association in the state on Monday embarked on a strike.

    In Owerri, it was observed on Monday that no court at the State High Court at new Owerri nor the Magistrate Court at Orlu road was sitting.

    The judges too did not come to court as the premises became shadows of themselves.

    The NBA chairman in Owerri, Ugochukwu Allinor, said the measure was being taken to urge government to apprehend the killers of the magistrate and for the courts to be adequately protected.

    “This dastardly act is highly condemnable as it desecrates the temple of justice and undermines the confidence of the citizens in the judiciary as the last hope of the common man.

    The Bar therefore calls on the Imo State Government to provide, with immediate effect, security in and around all the courts in Imo State, which have remained porous despite the sensitive role they play in the society.

    “The Imo Bar, in consonance with the national body of the NBA, ably led by Y.C. Maikyau, SAN, firmly resists the attempt to undermine the judiciary and the legal profession, and instill fear in the conduct of judicial proceedings. Also, citizens need to be aware that judicial officers and lawyers are not their enemies or opponents, they only aid in the administration of justice.
    In the circumstance, the members of the NBA in Imo State have resolved to boycott all courts in Imo State starting from Monday, February 6, 2023 to Wednesday February 8, 2023, in other to register their displeasure with the current state of affairs.

    Until the members of the Bar in Imo State are sufficiently assured of the safety of the judiciary, the Bar and the litigants as requested, we shall continue to review the situation and to take further necessary actions.”

  • NJC orders reinstatement of Justice Ofili-Ajumogobia

    NJC orders reinstatement of Justice Ofili-Ajumogobia

    The National Judicial Council (NJC) has ordered the immediate reinstatement of Justice Rita Ofili-Ajumogobia as a judge of the Federal High Court (FHC).

    This was made known in a circular issued by the Chief Judge of FHC, Justice John Tsoho, on Dec. 5 notifying judges of the court about the development.

    Newsmen reports that the NJC took the decision on Dec 1 during a meeting it held.

    Justice Tsoho’s circular reads: “Your lordships are, by this circular letter, notified that at the meeting of the National Judicial Council held on the 1st of December, 2022, the council reinstated Hon. Justice R. N. Ofili-Ajumogobia as a Judicial Officer.

    “The reinstatement takes instant effect and there shall be consequential posting.”

    Newsmen reports that Justice Ofili-Ajumogobia was prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge bordering on money laundering and breach of public trust.

    In a ruling in November 2021, Justice Ambrose Lewis-Allagoa of Lagos division of FHC upheld Ofili-Ajumogobia’s application to quash the charge and dismissed the allegations against her.

    Justice Lewis-Allagoa relied on an earlier order by Justice Binta Nyako of a FHC, Abuja, which quashed all the recommendations of the NJC.

    Justice Nyako, in a judgment delivered on Nov. 28, 2019, in the suit marked:FHC/ABJ/CS/638/2018 filed by Justice Ofili-Ajumogobia against the NJC, quashed the council’s report and recommendations, including for the judge’s sack.

  • Trouble for 15 High Court Judges as NJC probes misconduct

    Trouble for 15 High Court Judges as NJC probes misconduct

    The National Judicial Council (NJC) has set up high-powered probe panels to investigate alleged gross misconduct allegations brought against 15 Judges of the Federal and State High Courts.

    The probe panels are to determine the culpability of the Judges in the various petitions filed against them by individuals and corporate bodies.

    A statement by the NJC issued by Director of Information, Mr Soji Oye on Friday in Abuja confirmed that the decision to investigate the alleged erring Judges was taken at the Council’s 99th meeting presided over by the Chief Justice of Nigeria, Justice Olukayode Ariwoola.

    The decision, the NJC said,  is sequel to the submission of recommendations of three Preliminary Complaint Assessment Committees which considered 66 petitions forwarded to them by the Council from all over the Federation.

    However, the NJC did not name Judges to be probed, their divisions and specific nature of their alleged offences.

    It however revealed that the Council dismissed petitions against 51 Judicial Officers of the Federal and State High Courts for either lack of merit, being subjudice, or being matters for appeal or that the concerned Judge have retired from Service.

    The statement explained that the Council was formally presented with the reviewed Judicial Information Technology Policy which established the general requirements and responsibilities for the Nigerian Judiciary systems and information.

    “The policy provides for guidance of Courts and Judicial Bodies in protecting Confidentiality, Integrity and Availability (CIA) of judiciary function and process.

    ”It also stipulates guidance for acceptable use of system, services and technologies as well as provisions for secure storage of judicial data and recovery processes in the event of emergencies or distress.

    “Similarly, It further provides guidelines and incident management policies including Data Centre deployment and use policies.

    “The Scope is intended for all Courts and Judicial Bodies in Nigeria including staff of the Nigerian judiciary, employed or contracted to any Judicial Body handling information that is generated, received, stored, transmitted, or printed.

    “It encompasses all personal or Judiciary identifiable data held in their Courts and Judicial Bodies’ systems and process including supporting mechanisms and technologies for managing such data at rest or in transit.

    “All staff are expected to comply with the policy and associated standard protocols and procedures that have been put in place to support the document.

    “The policy is applicable to all Courts unit, departments of all Judicial Bodies in the Nigerian Judiciary.

    “Council noted appointments of Judicial Officers recommended for appointment at the last meeting who have been sworn –in as Judges of Federal and State High Courts.

    “Reports from Standing and ad-hoc Committees of the Council were also presented at the Meeting as well as notifications of retirement of 16 Judges  and notification of death of a Judge from the Federal and State High Courts”, the NJC said.