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Tag: High Court

  • Court ends 13-year marriage over affair with pastor

    Court ends 13-year marriage over affair with pastor

    An Akwa Ibom State High Court sitting in the Eket Local Government Area has dissolved a 13-year marriage, over the allegation that the 36-year-old wife slept with a pastor of one of the new generational churches in the state.

     

    The husband is also said to also be a pastor.

     

    The presiding judge, Justice Pius Idiong, who dissolved the marriage, expressed worry over the rising cases of divorce and separation as a result of the activities of some churches and their pastors.

     

    Idiong said, “It is a great pain that the church and its ministers, who are supposed to be agents and apostles of sustainability of the family, which the Catholic Pontiff, St. Pope John Paul described as ‘the domestic church’ are the precursors and catalysts of broken marriages and families today.”

     

    The court said it was more worrisome that the said man of God was alleged to have given the pastor’s wife some substance to administer to her husband, which prompted the 42-year-old husband to approach the court to seek dissolution of the marriage.

     

    Idiong said, “The couple can no longer live together in an era where domestic violence is at its peak, taking a dangerous trend and resulting in married couples taking the lives of each other.

     

    “It is better for the couple to be alive apart, than for any of them to be lost on account of matrimonial disagreement.

     

    “The marriage between the petitioner and the respondent, dated November 28, 2009, and celebrated in the Redeemed Christian Church of God, Uyo, under the watchful eyes of the marriage registrar, is dissolved forthwith.”

     

    The court also gave custody of the two children of the marriage, between the ages of eight and 10, to their father, “subject to the condition that their mother shall not be denied access to her children.”

  • Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    The Court of Appeal has 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.

    TheNewsGuru.com (TNG) reports, in a judgment on Wednesday in Abuja, the Court of Appeal ruled that the Section denied a class of Nigerian citizens their right to participate in election.

    The three-member panel of the Court headed by Justice Hamma Akawu Barka affirmed that the Federal High Court Umuahia had no jurisdiction to hear the case brought by Nduka Edede and, therefore, struck it out.

    According to the Appeal Court, the plaintiff lacked the locus standi to have filed the suit in the first place.

    Besides, the appellate court said that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

    The Court of Appeal as such struck out the suit against Section 84(12) marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.

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

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    The Appeal Court judgment, therefore, lifted the suspense over the eligibility of the ministers affected.

  • It is beyond your legal power to sell or dispose assets – COURT TELLS AGF

    It is beyond your legal power to sell or dispose assets – COURT TELLS AGF

    A Federal High Court sitting in Lagos has nullified all sales and disposals of assets made by the Attorney-General of the Federation, Abubakar Malami, under the Asset Tracing, Recovery and Management Regulations, 2019.

    The judge, Justice Lewis-Allagoa, held that the Asset Tracing, Recovery and Management Regulations, 2019, is “an invalid statutory instrument.”

     

    It held that the regulations were “ultra vires the office and powers” of the AGF.

     

    The order was made by Justice Ambrose Lewis-Allagoa following a suit FHC/L/CS/40/2021 filed by the plaintiff, Incorporated Trustees of HEDA Resource Centre.

     

    Malami had in November 2020 set up an inter-ministerial committee for the disposal of forfeited assets, following a directive by the President, Major General Muhammadu Buhari (retd.) in October 2018.

     

    The AGF’s power to set up the committee was challenged by HEDA, through its counsel, Omotayo Olatubosun, who argued that the regulations conflicted with the Economic and Financial Crimes Commission Act, Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015, National Drug Law Enforcement Agency Act, 2004 and Independent Corrupt Practices Commission Act, 2000, among others, on the matter of disposal of final forfeited assets.

     

    The AGF’s preliminary objection argued by its counsel, Tolu Mokunolu, was dismissed by the Court which granted the nine reliefs sought by the plaintiff.

     

    Justice Lewis-Allagoa held, “I am entirely in agreement with the submission of counsels to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the Economic and Financial Crimes Commission EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.

     

    The plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter Regulations;

     

    “An Order nullifying the Asset Tracing, Recovery and Management Regulations, 2019 as an invalid statutory instrument same being in excess of the provisions of the Independent Corrupt Practices Commission Act, 2000;

     

    “An Order nullifying all sales and disposals of assets made by the Defendant pursuant to the said Asset Tracing, Recovery, and Management Regulations, 2019 same being ultra vires the office and powers of the Defendant.”

  • Alleged N5bn fraud: Stella Oduah to be arraigned Oct. 12

    Alleged N5bn fraud: Stella Oduah to be arraigned Oct. 12

    A Federal High Court, Abuja, on Tuesday has fixed Oct. 12 for the arraignment of former Aviation Minster, Stella Oduah and others by the Economic and Financial Crimes Commission (EFCC).

    Justice Inyang Ekwo fixed the date following a letter from the office of the Attorney-General of the Federation (AGF) in response to a petition. written by counsel to the 8th defendant in the suit, Ogbu James, SAN.

    Thenewsguru.com reports that Onoja had, on Nov. 22, 2021, raised objection to the defendants taking their plea, informing that a petition had already been written to the AGF, complaining that the defendants were just been persecuted as against prosecution.

    The development prompted the court to adjourn to await a response from the AGF.

    Justice Ekwo also, on Feb. 10, fixed today for report on the petition written to the AGF after the case was stalled.

    Upon resumption of the matter, counsel to the EFCC, Hassan Liman, SAN, informed that the AGF had responded to the petition and given a nod for the matter to proceed.

    “The charge was filed on Dec. 16, 2020. Since then, the plea of the defendants has not been taken,” he said.

    Liman reminded that Onoja in one of the sittings drew the attention of the court to a petition he wrote to the AGF.

    He said on Feb. 10 when the matter came up, he undertook to produce a letter from the AGF in response to the petition.

    “I confirm that the AGF has acknowledged the receipt of their letter and he has asked the court to proceed on the trial.

    “In view of the response by the AGF, may I apply for a plea of the defendants to be taken,” he said.

    But counsel to all the defendants, including Onoja, said they were unaware of the AGF’s response.

    The judge, who said he was also yet to see the letter, then directed Liman to avail the defence and the court with copies of the AGF letter.

    After copies of the letter were given to all, Justice Ekwo said he was unsatisfied with Paragraph 2 of the AGF letter.

    “I am not satisfied with the second paragraph of the letter,” he said.

    Ekwo, who said he would adjourn the matter so that the prosecution could resolve the issue completely with the AGF, said this would help the court to know whether the trial could go on or be stopped.

    He then fixes Oct. 12 and Oct. 13 for the trial.

    Newsmen reports that Paragraph two of the letter dated May 6 and addressed to the EFCC chairman reads: “I am further directed to inform you that the Honourable Attorney General of the Federation is reviewing the case file and a decision will be communicated in due course.

    “Meanwhile, you are to proceed with the prosecution of the case in court pending the decision of the Honourable Attorney General of the Federation.”

    Oduah, who currently represents Anambra North Senatorial District at the National Assembly, was expected to be arraigned by the EFCC on alleged N5 billion fraud and financial misappropriation

    other defendants in the charge, marked: FHC/ABJ/CR/316/2020, are Gloria Odita, Nwosu Emmanuel Nnamdi and Chukwuma Irene Chinyere.

    They also include Global Offshore and Marine Ltd, Tip Top Global Resources Ltd, Crystal Television Ltd, Sobora International Ltd and China Civil Engineering Construction Corporation (CCECC) Nigeria Ltd.

    They are being charged with conspiracy, money laundering and maintaining anonymous bank accounts with a commercial bank.

    They will be arraigned on 25-count charge.

  • WOMEN IN POLITICS: FG tasks political parties on National Gender Policy

    WOMEN IN POLITICS: FG tasks political parties on National Gender Policy

    Following an order by a Federal High Court in Abuja that the Federal Government should enforce the National Gender Policy, political parties on Wednesday were told that giving out free nomination forms to women was not enough to guarantee their adequate representation in elective positions in the 2023 general election and beyond.

     

    The government also described as a Greek gift, a situation where political parties give free nomination forms to women but later scheme them out during primaries.

     

    The Minister of Women Affairs, Pauline Tallen, in an interview with journalists, raised the concern on the court judgment on 35 per cent affirmative action for women, during an event by Women Radio in partnership with the Nigerian Women Trust Fund, NWTF.

     

    It was gathered that the event was also in conjunction with several gender-based organizations including 100 Women Lobby Group and Women Advocates Research and Documentation Centre.

     

    Chief Executive Officer of NWTF, Mufuliat Fijabi, said a new Nigeria would emerge for women with the April 6 judgement.

     

    According to her, government must put value where it belongs by implementing the judgment to the latter, adding that the National Assembly should “acknowledge that Nigerian women deserve to be honoured with passing all the gender related bills before it.”

     

    “The history made on 6 April 2022 is being documented and upon completion, it will be widely disseminated as a learning point for other strategies and other countries of the world to emulate and learn from,” she said.

     

    Recall that a Federal High Court in Abuja had ordered the Federal Government to enforce the National Gender Policy following a suit filed by some women groups for improved gender inclusion in public appointments.

     

    Tallen said that although the President, Major General Muhammadu Buhari (retd.), was committed to ensuring the implementation of the court judgment, political parties must also show considerations for women when giving out tickets.

     

    The Minister said, “Every politics is local. You must start from the grassroots and engage your people. Make yourself available and reassure your people that you could be a true representative.

     

    “I don’t want to wave it off completely, but giving women free form is not the main issue. Giving women free nomination forms and then playing them out is unacceptable. Until a woman scales through the primaries, it is not yet Uhuru.

     

    “So, we are appealing that they (political parried) should ensure that women are given some respite and considerations. When she is accepted by her people and well received, she should be allowed to take the ticket, but the party leadership and caucus are the ones that decides who gets the ticket.

     

    “So, until women scale through the primaries, they cannot effectively participate in an election.”

  • Federal High Court sacks PDP Chairman

    Federal High Court sacks PDP Chairman

    Chairman of the Peoples Democratic Party (PDP) in Ebonyi, Mr Tochukwu Okorie, was not validly nominated to contest election into the position, the Federal High Court, Abuja, ruled on Wednesday.

    Delivering ruling in the suit filed by Mr Silas Onu, challenging the election of Okorie, Justice Ahmed Mohammed held that Okorie was indolent in submitting his nomination form and could not benefit from his wrongdoing.

    He declared that Okorie submitted his nomination form on Oct. 4, 2021; days after the Oct. 1, 2021 deadline stipulated in the guidelines on the conduct of congresses.

    Justice Mohammed stressed that Okorie could, therefore, not have been validly nominated and was not qualified to contest in the election held on Oct. 16, 2021.

    “It is the opinion of this court that the 2nd defendant (Okorie), was indolent in submitting his nomination form as provided in the guidelines issued by the PDP.

    “In spite of this failure, he was still returned and declared elected. He cannot be allowed to benefit from his wrong doing,’’ the judge declared,

    He consequently directed the PDP to hold that only Onu was lawfully nominated to participate in the election of Oct. 16, 2021.

    He also directed the party and to issue a Certificate of Return to Onu declaring him as the duly elected Chairman of PDP, Ebonyi chapter.

    The judge granted the prayer for a declaration that Okorie was not qualified to participate in the election for failing and refusing to submit his nomination form on or before the deadline of Oct. 1, 2021.

    He also granted the prayer for a declaration that the Okorie’s participation in the said election was contrary to the clear and unambiguous schedule for the conduct of state congresses, therefore rendering such participation null and void.

    The judge had earlier dismissed the preliminary objection filed by the PDP where it alleged that Onu did not exhaust internal mechanisms available for resolving party matters before heading to court.

    He ruled that PDP’s objection failed because the party was silent about the date Okorie submitted his nomination form.

    He declared that he found PDP’s failure to deny the allegation by Onu that Okorie submitted his nomination form on Oct. 4 instead of Oct. 1, 2021 as admission of wrongdoing.

    “The consequence is that Okorie’s nomination form submitted on Oct. 4, 2021 instead of Oct. 1, 2021 was submitted out of time,’’ Justice Mohammed insisted.

    Ebonyi chapter of the PDP elected Okorie as chairman on Oct. 16, 2021.

    Okorie polled 1,240 votes to defeat Onu, the former Publicity Secretary, who scored 260 votes.

    Dissatisfied with the outcome, Onu filed a suit challenging the process and listed the PDP Ebonyi chapter and Okorie as first and second defendants, respectively.

    Onu prayed the court to rule whether or not Okorie qualified to contest in the Oct. 16, 2021 election even after he did not submit his nomination form within the stipulated deadline of Oct. 1, 2021.

  • How 21-year-old ‘vagrant’ stabbed my sister to death – Witness tells court

    How 21-year-old ‘vagrant’ stabbed my sister to death – Witness tells court

    Chukwuemeka Nwangwu, an Abuja based businessman told an FCT High Court, Kubwa that a 21-year-old vagrant, Nasiru Jibrin, stabbed his sister to death.

    He made the allegation at the resumed trial of Jibrin who is charged alongside Lawal Hamza and Kamalu Yusuf.

    The defendants are charged with criminal conspiracy, armed robbery and culpable homicide.

    The witness, led in evidence by the Prosecution Counsel, Donaldtus Abah said he saw some boys wearing face masks around his shop in Kuchigoro Airport Road, Abuja on Oct.7, 2019.

    ”My late sister, Chidinma and I closed the shop at midnight after our usual activity in the bar.

    ”She told me that the boys we saw earlier were bag snatchers and was afraid that they would burgle our shops.

    “By the time we got to the bus stop, we saw some boys approaching us, unknown to us one of the boys was in a car parked in front of us.

    ”He came out and stabbed my sister on the head and chest then dragged her purse.

    ”I picked up my wounded sister and with the assistance of my neighbour, took her to the Federal Medical Centre, Jabi where she was confirmed dead.

    “I reported the matter at the Wuye Police Station”.

    He said on one of his visits to the station, he recognised Jibrin, behind the counter at the Divisional Police Officer on Feb. 2, 2020.

    He added that the DPO informed him that Jibrin was arrested during a patrol. During cross-examination, the defence counsel, Akin Adewale asked when the witness identified Jibrin as the person who stabbed his sister.

    In response, the witness, said the boys who covered their faces while he was locking up his shop, were not wearing the face mask at the bus stop.

    After the testimony, Justice Kezziah Ogbonnaya adjourned the matter until March 29 for continuation of hearing.

  • Court strikes out suit against Gov Matawalle’s defection to APC

    Court strikes out suit against Gov Matawalle’s defection to APC

    Federal High Court sitting in Gusau, Zamfara, on Monday struck out the suit filed against Gov Bello Matawalle and four others for defecting to the All Progressives Congress (APC) in June 2021.

    Justice Aminu Bappah Aliyu while ruling on the suit on Monday said the court lacked jurisdiction to entertain the matter.

    The organising summons in the suit no FHC/GS/CS/14/2021 was filed by one Alhaji Bashir Saleh, Ibrahim Muhammed Turaki and Andulhamid Haruna in the Federal High Court sitting in Gusau, Zamfara.

    The plaintiffs had prayed the court to declare that the first and second defendants, Gov Bello Matawalle and Alhaji Mahdi Aliyu Gusau who won the election on the platform of PDP to vacate office following their defection to the APC on June 29, 2021.

    The plaintiffs, through their counsel, J. C Shaka, however, amended the originating summon and excluded the second defendant and deputy governor for remaining in the PDP.

    The plaintiffs had joined the Independent National Electoral Commission (INEC), APC and Attorney General of the Federation as third, fourth and fifth defendants respectively in the suit.

    They had asked the court to restrain the fourth and fifth defendants from recognizing and dealing the first and second defendants among other prayers.

    In his ruling, Aliyu, said that the original summons filed by the plaintiffs lacked merit as the matter before the court was neither election matter nor election process.

    Aliyu ruled that the Federal High Court lacked jurisdiction to entertain the reliefs sought by the plaintiffs.

    He further ruled that the Constitution of the Peoples Democratic Party, PDP, and the Constitution of the Federal Republic of Nigeria did not, in any way, prohibit any person from joining any association or political party of his choice.

    Aliyu said it was only an election tribunal or state House of Assembly that could remove a governor from office.

    The court, therefore, awarded the cost of N1m to each of the defendants to be paid by the plaintiffs.

    Mike Ezeokhome, SAN who represented the Gov Matawalle and the APC commended the court for ruling in favour of his clients, while J.C Shaka said the plaintiffs would study the judgement for further action.

  • Federal High Court orders forfeiture of N110m found in a pry sch teacher’s account

    Federal High Court orders forfeiture of N110m found in a pry sch teacher’s account

    A Federal High Court in Abuja has ordered the interim forfeiture of N110.4million traced to the bank accounts of one Mr James Erebuoye and seven other suspects by the Independent Corrupt Practices and other related offences Commission for allegedly being proceeds of crime.

    In a statement by the ICPC on Thursday, in an ex-parte motion filed by Raheem Adesina on behalf of ICPC before Justice D. Okorowa, the commission further prayed for an order of interim forfeiture of a Toyota Lexus SUV and a Toyota Venza car, including an iPad device.

    The items were seized by the commission from Erebuoye and his accomplices, who were alleged to have benefitted from over N500million illicit funds stashed in the account of a primary school teacher, Mrs Roseline Uche Egbuha.

    ICPC found that N110,364,592 was surreptitiously moved sometime in 2020 from the bank account of the primary school teacher, who was being investigated for money laundering and other fraud, into different accounts owned by Erebuoye and eight other persons including two companies.

    The money to be forfeited includes N17.4million that was transferred to the bank account of Erebuoye, N14.2million to an account owned by one Ojo Alonge, N16.4million to a company called DY Bako and Sons Ltd and N30.8million to another company known as Dorason Construction Ltd.

    “The order for interim forfeiture also covers the sums of N7.1million traced to an account owned by Owoyemi Mayowa, N8.2million, and N6.5million traced to the bank accounts of Emon Aje Okune and Maureen Chidinma, respectively,” the ICPC said.

    It could be recalled that Mrs Egbuha, who teaches at Ozala Primary School, Abagana, Anambra State, was arrested in June 2020 by the commission for allegedly laundering N550million.

  • Ekiti judiciary announces Justice Fowe demise

    Ekiti judiciary announces Justice Fowe demise

    The Ekiti judiciary has announced the demise of Justice Adewale Fowe, a former Attorney-General and Commissioner for Justice in the state.

    The announcement is contained in a statement signed by the Chief Registrar of Ekiti State Judiciary, Justice John Adeyeye, and made available to newsmen on Tuesday in Ado Ekiti.

    Fowe, 65- year-old, until his demise was a High Court Judge. He was born on Nov. 25, 1956 and hailed from Ido-Osi Local Government Area of Ekiti.

    He had his elementary and secondary education in Ekiti, Kwara and Oyo States.

    Fowe bagged a Bachelor of Laws degree in 1978 from the then University of Ife now Obafemi Awolowo University, Ile Ife, and proceeded to the Nigeria Law School, Lagos, and was called to the Bar in 1979.

    He also worked as a private legal practitioner and later appointed the Attorney General and Commissioner for Justice, Ekiti, between November 1997 and May 1999.

    He was appointed a High Court Judge on Jan. 4, 2010 and served in that capacity until his demise.

    Adeyeye described the former commissioner as a very courageous, humble and forthright man in all his dealings.

    “The pain of the exit of Justice Adewale Fowe will greatly be missed by the Ekiti State Judiciary and all concerned,’’ the statement said.