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Tag: Justice Inyang Ekwo

  • Alleged fraud: AGF gives EFCC go-ahead to prosecute Stella Oduah

    Alleged fraud: AGF gives EFCC go-ahead to prosecute Stella Oduah

    The Attorney-General of the Federation(AGF), Abubakar Malami, has given the Economic and Financial Crimes Commission (EFCC) approval to prosecute former Aviation Minister, Sen. Stella Oduah, and others on alleged N5 billion fraud.
    Prosecuting counsel, Hassan Liman, SAN, on Wednesday, informed Justice Inyang Ekwo of a Federal High Court, Abuja at the resumed hearing on the matter.
    Newsmen reports that Justice Ekwo had, on May 10, fixed today for the arraignment of the defendants following a letter from the office of the AGF in response to a petition. written by counsel to the 8th defendant in the suit, Ogbu James, SAN.
    Newsmen 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.
    When the matter was called for the defendants to take their plea, counsel to the EFCC, Mr Liman, informed that the AGF had finally responded to the petition and given a nod in a letter for the matter to proceed.
    The senior lawyer said he no fewer than 32 witnesses lined up to testify in the suit.
    Lawyers to all the defendants, including Onyechi Ikpeazu, SAN, who appeared for the senator, acknowledged receipt of the letter from the AGF.
    The judge, who ordered an accelerated hearing in the trial, directed all parties to put their house in order.
    Ekwo said the trial would be on a day-to-day basis and adjourned until Feb. 13, Feb. 14, Feb. 15, Feb. 16 and Feb. 17, 2023 for hearing.
    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.
    Oher 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.

  • “Release Ukpo’s biodata to Ekweremadu, wife” – Court orders NIS, others

    Justice Inyang Ekwo of a Federal High Court in Abuja has ordered the Nigerian Immigration Service (NIS), the National Identify Management Commission (NIMC) and some banks to release the biodata information of David Ukpo to the detained former Deputy President, Ike Ekweremadu and his wife Beatrice.

     

    Justice Ekwo gave the order in a ruling on Friday after listening to the lawyer to Ekweremadu and his wife, Adegboyega Awomolo (SAN).

    Court

     

    Ekweremadu and his wife had in a suit marked: FHC/ABJ/CS/984/2022 urged the court to among others, order the defendants to supply them with the certified true copies (CTC) of David Ukpo’s biodata information in their care to aid their (plaintiffs) defence in their trial before a United Kingdom Magistrates’ Court, where they are accused of plotting to harvest Ukpo’s organ (kidney).

     

    Other defendants in the suit are: the Comptroller General (C-G), Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank of Africa (UBA) and Nigeria Inter-Bank Settlement System (NIBSS) Plc.

     

    At the mention of the case on Friday, Awomolo withdrew against NIBSS, following which Justice Ekwo struck its name off the suit.

     

    Although Awomolo said all the defendants were served, only the UBA was represented by a lawyer among all the defendants.

    Court

     

    When asked by the judge if his client was served, UBA’s lawyer, G. O. Maduka acknowledged service.

     

    Maduka added that, after going through the plaintiffs’ motion on notice, he felt there was no need to react.

     

    Awomolo proceeded to move the motion and drew the court’s attention to letters written by some of the defendants, indicating that they would not honour the plaintiffs’ request for information on Ukpo until there was a court order to that effect.

     

    Ruling, Justice Ekwo said he was satisfied that the defendants had been served with the relevant court documents.

     

    The judge added that by the averments in the application by Ekweremadu and his wife, he was satisfied that their prayers were out to be granted.

     

    “I make an order granting the prayers,” Justice Ekwo ruled.

  • EXTRADITION: Court to hear Abba Kyari’s case on Friday

    EXTRADITION: Court to hear Abba Kyari’s case on Friday

    A Federal High Court in Abuja has scheduled hearing for Friday in the extradition proceedings initiated against suspended Assistant Commissioner of Police (ACP) Abba Kyari by the Federal Government.

     

    Justice Inyang Ekwo chose the date on Thursday to enable the Attorney General of the Federation (AGF) file a formal response to Kyari’s notice of primary objection challenging the competence of the extradition application filed by the AGF.

     

    The AGF applied to the court for permission to surrender Kyari to authorities of the United States in relation to his alleged link with international fraud suspect, Abbas Ramon (aka Hushpuppi).

     

    United States of America, USA, had requested for Kyari to face trial over his alleged involvement with a notorious internet fraudster, Ramon Abbas, popularly known as Hushpuppi, till April 27.

    Kyari

     

    Kyari is wanted in the U.S. to stand trial for conspiracy to commit wire fraud, money laundering, and identity theft.

     

    A grand jury had on April 29, 2021, filed an indictment against him with the approval of the U.S. District Court for the Central District of California, after which a warrant was issued for his arrest.

     

    TheNewsGuru.com (TNG) reports that the application for his extradition was brought before the court by the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN.

     

    It would be recalled that Malami had said the extradition application was based on a request by the Diplomatic Representative of the U.S. Embassy in Abuja for Kyari to be surrendered for trial.

     

    The AGF, in an affidavit that was filed in support of the extradition application, said he was satisfied that the offence in respect of which Kyari’s surrender was sought, is not political or trivial.

    Kyari

     

    He said he was also satisfied that the request for Kyari to be surrendered, was not made to persecute or punish him on account of his race, religion, nationality or political opinions, but in good faith and in the interest of justice.

     

    According to him, Kyari, “if surrendered, will not be prejudiced at his trial and will not be punished, detained or restricted in his personal liberty, by reason of his race, nationality or political opinions”, adding that having regard to all the circumstances in which the alleged offence was committed, it would not be unjust or oppressive, or severe a punishment, to surrender him.

     

    Malami, noted that there was no criminal proceeding pending against Kyari in Nigeria, bordering on the same offence for which he is wanted in the USA.

  • Alleged Fraud: High Court grants Sen. Okorocha N500m bail

    Justice Inyang Ekwo of  Federal High Court, Abuja, on Tuesday, granted Sen. Rochas Okorocha bail in the sum of N500 million with one surety in like sum.

    In a ruling, Inyang said granting bail was a discretionary power of the court.

    Justice Ekwo said the surety, who must have a landed property within the jurisdiction of the court, must deposit the Certificate of Occupancy (C of O) of the verified property with the registry of the court.

    The judge, while admitting the senator to a bail with a cautionary statement, ordered that his international passport be deposited to the registry of the court.
    He ordered the registry of the court to inform the Nigeria Immigration Service (NIS) about the state of Okorocha’s travel documents.

    He further ordered the lawmaker not to travel outside the country except with the leave of the court.
    Ekwo also granted Okorocha’s co-defenndant, Anyim Nyerere Chinenye, a bail in the terms of the administrative bail earlier granted to him by the Economic and Financial Crimes Commission (EFCC).

    The judge adjourned the matter until Nov. 7, Nov. 8, Nov. 9, Nov. 10 and Nov. 11 for trial.
    The development occured after counsel for Okorocha, Solomon Umo, SAN, and that of Chinenye, Oba Maduabuchi, SAN, took the applications.

    Newsmen reports that Okorocha is the current senator representing Imo West Senatorial District.The lawmaker, who is the 1st defendant, was arraigned alongside Chinenye, Naphtali International Limited, Perfect Finish Multi Projects Limited, Consolid Projects Consulting Limited, Pramif International Limited, and Legend World Concepts Limited as 2nd to 7th defendants respectively.

    He was alleged to have laundered funds to the tune of N2.9 billion while serving as governor of Imo.

  • Okorocha engages five SANs, files fundamental human rights enforcement suit against EFCC, AGF

    Former governor of Imo State, Rochas Okorocha, through five Senior Advocates of Nigeria, has filed fundamental human rights enforcement suit before a Federal High Court in Abuja, against EFCC and Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN).

     

    The five lawyers representing the former governor are Chief Mike Ozekhome (SAN), Okey Amaechi (SAN), Solomon Umor (SAN), Ola Olanipekun (SAN) and Kehinde Ogunwumiju (SAN).

     

    In the suit filed by Ozekhome, the former governor have asked the court to declare the invasion of his residence by operatives of the Economic and Financial Crimes Commission illegal and unconstitutional.

     

    Ozekhome’s suit came some hours after his appearance before a Federal High Court in Abuja where he pleaded not guilty to the N2.9bn corruption charges brought against him by the EFCC.

     

    Ozekhome wants a declaration that the siege on Okorocha’s residence at No.3 Nyasa Close, Mississippi, off Ontario Crescent on May 24 2022, without any legal justification, thereby denying him his constitutional right to privacy, was illegal.

     

    He also wants an order of the court directing the respondents to tender apology in at least three national newspapers.

     

    Okorocha, who is the lawmaker representing Imo West Senatorial District in the National Assembly, also demanded N1bn damages from the Federal Government for the May 24, 2022 invasion of his Abuja residence.

    Okorocha
    Rochas Okorocha

     

    Earlier, Okorocha was, in the 17 counts, accused of diverting N2.9bn from Imo State Government House Accounts and that of Imo State Local Government Joint accounts to private companies.

     

    The alleged offence was said to have been perpetrated by Okorocha and one Anyim Inyerere with the use of their private companies between 2014 and 2016 when he held sway as the Governor of Imo State.

     

    TheNewsGuru.com (TNG) reports that Okorocha pleaded not guilty to all the charges.

     

    Shortly after the taking of plea, EFCC counsel, Gbolahan Latona asked the judge for an adjournment to enable him to assemble his witnesses that will testify during trial.

     

    He informed the court that 15 witnesses have been arranged to testify him and that most of the witnesses are outside the court jurisdiction because of the peculiar nature of the charge.

     

    Okorocha’s counsel, Okey Amaechi, told the court that he had filed application for bail of his client and had also served same on the EFCC.

     

    He attempted to argue the application but was opposed by the anti-graft agency which claimed that it intends to file counter affidavit against the bail issued.

     

    Although, the EFCC lawyer sought adjournment to June 1 for arguments on bail, Justice Ekwo ruled that he would take all the bail applications on May 31 and directed EFCC to file its opposition within time.

     

    Justice Inyang Ekwo subsequently ordered Okorocha’s further detention till May 31 when his bail application would be argued.

     

    See below Okorocha’s fundamental human rights enforcement suit:

    Okorocha

    Okorocha

  • 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.

  • Court of Appeal nods over appeal against judgment mandating AGF to delete Section 84 (12) from the amended Electoral Act

    Court of Appeal nods over appeal against judgment mandating AGF to delete Section 84 (12) from the amended Electoral Act

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami and others have been restrained by the Court of Appeal from taking steps to frustrate the hearing of an appeal against a judgment mandating the AGF to delete Section 84 (12) from the amended Electoral Act.

     

    A three-member panel of the court, led by Justice Rita Nosakhare Pemu, in a ruling, granted the Peoples Democratic Party (PDP) permission to appeal, as an interested party, against the March 18, 2022 judgment by Justice Justice Evelyn Anyadike of the Federal High Court in Umuahia.

     

    The Appeal Court, in the ruling delivered by Owerri division on April 7, 2022, an enrolled copy of which The Nation sighted in Abuja on Sunday, also granted accelerated hearing in the appeal.

     

    The ruling was on a motion marked: CA/OW/87m/2022 filed by the PDP, with Chief Nduka Edede (plaintiff in the suit decided by Justice Anyadike) and the AGF as respondents.

     

    It reads: ” Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal – CA/OW/87/2022.

     

    “Due to the exigencies of this appeal and its constitutional colourisation, there is need to hear this matter expeditiously.

     

    “Accordingly, the appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of appeal on the respondents.

     

    “Parties should desist from taking any step to frustrate the hearing of the appeal.

     

    “The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal.

     

    “Fresh hearing notice to be issued on the 2nd to the 12th respondents.”

     

    The National Assembly has also indicated its intention to formally appeal the judgment by Justice Anyadike.

     

    Justice Anyadike had, in the March 18 judgment in the suit by Edede, marked: FHC/UM/CS/26/2022 held that Section 18(12) of th amended Electoral Act is unconstitutional and should be struck down.

     

    The judge noted that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days before the election.

     

    She held that any other law that mandates such appointees to resign or leave office at any time before the 30 days provided in the Constitution was unconstitutional and void to the extent of its inconsistency with the clear provisions of the Constitution.

     

    Justice Anyadike then ordered the AGF to delete the said Section 18(12) from the amended Electoral Act.

     

    Section 84(12) of the Electoral Act provides: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

     

    The PDP has already filed a separate suit before the Federal High Court in Abuja in which it is challenging among others, President Muhammadu Bujari’s request that the National Assembly alters the provision of Section 84(12) of the Electoral Act.

     

    The case marked: FHC/ABJ/CS/247/2022, now before Justice Inyang Ekwo has been adjourned till April 28 for hearing.

  • Court dismisses Kyari’s fundamental rights enforcement suit

    Court dismisses Kyari’s fundamental rights enforcement suit

    A fundamental rights enforcement suit filed by suspended DCP Abba Kyari, against National Drug Law Enforcement Agency, NDLEA, was dismissed on Thursday by the Federal High Court, Abuja.

     

    The judge, Inyang Ekwo, dismissed the N500 million fundamental rights suit for lack of diligent prosecution by Mr Kyari’s legal team.

     

    Kyari had filed the suit to challenge his alleged unlawful detention by NDLEA which arrested him and others over cocaine-trafficking allegations in February.

     

    The agency subsequently filed charges against him and his co-defendants before another judge of the Federal High Court in Abuja. The trial court has since ordered him and his co-defendants to remain in detention throughout his trial.

     

    It was gathered that Kyari’s lawyer, Cynthia Ikena, was absent when the fundamental rights enforcement suit came up on Thursday.

     

    With this development, NDLEA’s lawyer, Joseph Sunday, who is the agency’s Director of Prosecution and Legal Services, urged the court to strike out the suit.

     

    Responding, the judge noted that he was informed that Ms Ikena sent a letter, praying the court for an adjournment.

     

    The judge directed that the letter be shown to the NDLEA’s counsel, Mr. Sunday, who expressed surprise with the development. He said he was not copied in the letter by the rule of the court.

     

    He said the letter was not filed by the applicant and therefore not in compliance with the court’s rule.

     

    He prayed the court to strike out the matter.

     

    After listening to the NDLEA’s lawyer, Mr Ekwo struck out the case.

     

    The judge, after going into the substantive matter and seeing that parties had joined issues in the suit, went ahead to dismiss the case.

     

    The decision came less than a month after the judge threatened to dismiss the suit following the delay by Mr Kyari’s lawyer to serve NDLEA counsel with a filing.

     

    Kyari, who also has fraud charges pending against him in the U.S. and faces extradition proceedings in Nigeria, filed a suit for the enforcement of his fundamental rights against NDLEA in February.

     

    In the document, Mr Kyari, who described the allegation against him by NDLEA as “trumped-up,” said the agency had failed to establish a prima facie case against him.

     

    He averred that the allegation linking him to an international drug cartel by the anti-narcotic agency was untrue.

     

    He said since the Nigerian Police Force arrested him and handed him over to the NDLEA, he has been kept in custody since February 12, without having access to his medical treatment.

     

    Mr Kyari, a former head of the Police Intelligence Response Team (IRT), demanded N500 million in damages from the NDLEA over alleged unlawful arrest and detention.

     

    He also sought an order directing the NDLEA to tender a written apology to him in two national dailies.

  • AGF to serve extradition suit to Kyari by March 24

    AGF to serve extradition suit to Kyari by March 24

    Justice Inyang Ekwo has adjourned till April 27 for hearing, as Pius Akutah, lawyer to the Attorney General of the Federation (AGF), Abubakar Malami SAN, informed the court that service on the extradition suit would be effected on the suspended Deputy Commissioner of Police (DCP), Abba Kyari, by March 24.

    The non-service of the application by the AGF on Kyari on Wednesday stalled hearing in the extradition proceedings against him.

    The extradition suit was filed at the Federal High Court in Abuja by the AGF.

    At the mention of the case on Wednesday, lawyer to Kyari, Nureini Jimoh (SAN), told the court that his client was not yet served with the extradition application filed by the AGF.

    AGF’s lawyer, Pius Akutah, the Head of the Central Authority Unit (CAU) at the Federal Ministry of Justice, confirmed that the applicant was yet to effect service on the respondent.

    Akutah said the applicant could not serve before now because of Kyari’s involvement with the National Drug Law Enforcement Agency (NDLEA).

    He assured the court that the applicant would effect service on the respondent (Kyari) by March 24 and prayed the court for an adjournment.

    Jimoh, who did not object to the application for adjournment, said he was entitled, under the court’s rules to, 14 days from the date of service, file a response.

    Justice Inyang Ekwo then adjourned till April 27 for hearing.