Tag: Lawyers

  • Ekiti poll: Fayemi, APC hire 35 SANs, lawyers for defence against Eleka, PDP’s petition

    Ekiti poll: Fayemi, APC hire 35 SANs, lawyers for defence against Eleka, PDP’s petition

    The Governor-elect of Ekiti State, Dr. Kayode Fayemi, on Wednesday filed his defence to the petition by the candidate of the Peoples Democratic Party and outgoing Deputy Governor of Ekiti State, Prof. Kolapo Olusola.

    The defence team, comprised of 35 lawyers, would be led by eight Senior Advocates of Nigeria.

    The SANs are Prince Lateef Fagbemi, Chief Akin Olujimi, Jelili Owonikoko, John Baiyeshea, Segun Ajibola, Mr Hakeem AfoIabi, Mr. Yomi Aliyu and Dr. Kayode Olatoke.

    In the 2,558-page defence with over 3,000 documents as exhibits, Fayemi averred that he won the gubernatorial election of July 14, 2018 and urged the tribunal to dismiss Olusola’s petition for lacking in merit.

    The team of lawyers armed with 3,500 exhibits and 1,009 witnesses were led to the tribunal by three Senior Advocates of Nigeria:

    Addressing the press after filing the petition, Olatoke who spoke on behalf of his colleagues, said Olusola’s petition was a waste of time as it lacked substance and was sure that the case would be dismissed by the tribunal.

    He explained further that Fayemi won fair and square in 12 out of the 16 local government areas of the state, while Olusola won in four.

    Olatoke dismissed Olusola’s claim of over voting in some polling units as frivolous and baseless.

    He said Eleka’s first ground in his petition was based on Fayose’s phantom indictment, which had been nullified and set aside by a competent court.

    The second ground of Eleka’s (Olusola) petition is alleged over voting, which is another false claim. In any case, the petition in itself is self-defeating.

    The third ground is on deliberate voiding of votes as alleged by Eleka but in actual fact, majority of the voided ballots were votes meant for Fayemi, while the fourth ground is on vote-buying which is baseless as it was, Eleka’s sponsor, Fayose that was guilty of this.

    Fayemi won convincingly based on his popularity,” Olatoke said.

    No date has been fixed for hearing.

    Recall that the governorship election in the state was held on July 14 2018 and INEC had since declare Fayemi the winner.

     

  • Lawyers sue Buhari, AGF over Presidential Executive Order 6

    Two lawyers, Mr. Ikenga Ugochinyere and Mr. Kenneth Udeze, have filled a suit before the Federal High Court in Abuja praying for an order nullifying the Executive Order 6 of 2018 which provides for the seizure of assets linked to ongoing criminal trials and investigations.

    They also urged the court to restrain both President Muhammadu Buhari who issued the Executive Order 6 and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), designated as the coordinator of its implementation, from enforcing it.

    The President on July 5, 2018, issued the Executive Order, which is titled in full as ‘Presidential Executive Order No. 6 of 2018 on the Preservation of Assets Connected with Corruption and Other Related Offences’.

    But the plaintiffs in their suit marked FHC/ABJ/CS/740/2018 and filed on their behalf by their lawyer, Mr. Obed Agu, on July 13, argued that the PEO contravened constitutional provisions.

    They argued that by virtue of the combined effect of sections 5, 36 and 43 of the Constitution of the Federal Republic of Nigeria, the President lacked the power to issue the PEO.

    They maintained that the President’s act or conduct in issuing the PEO interfered with or encroached into the ownership of assets or properties of any person without such person being found guilty by a court of competent jurisdiction.

    They maintained that by virtue of the constitutional provisions, the President lacked the power to issue such an order “on matters not connected with the ‘execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time, being power to make laws”.

    Justice Ijeoma Ojukwu on Wednesday fixed August 8 for the hearing of the suit in which Buhari and the AGF are the defendants.

    The plaintiffs were represented by their lawyer, Mr. Obed Agu, and the defendants by Mr. Bashir Mohammed.

    Before the judge adjourned the case on Wednesday, Mohammed informed her during the proceedings that he had filed on behalf of his clients a memorandum of conditional appearance which is an indication of their interest to file a preliminary objection to challenge the competence of the suit.

    The PEO which designates the AGF as the coordinating authority directs him to “at all times in this connection, employ all available lawful means, including seeking appropriate order(s) of court where necessary, and ensure that assets shall not be transferred, withdrawn, or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such person.”

    It also, among others, directs the 19 specifically mentioned Federal Government agencies and authorities “to ensure the preservation of suspicious assets and prevent their dissipation or removal from the jurisdiction of Nigerian courts, in order to facilitate, support and enable the expeditious and accelerated prosecution of the alleged corrupt practices, serious or complex corruption, and other relevant offences”.

  • Dino Melaye: Lawyers, police clash in Abuja court [VIDEO]

    Dino Melaye: Lawyers, police clash in Abuja court [VIDEO]

    There was pandemonium at the Chief Magistrate court, Mpape, Abuja yesterday between some lawyers and police officers.

    The lawyers clashed with the police over the detention of two of their colleagues and relatives of Senator representing Kogi West, Dino Melaye.

    One barrister David Amaefula and Pius Udo-Inyang, who are of the law firm of Messrs Rickey Tarfa & Co. Abuja Office, were on Tuesday, April 24 and 25 arrested by men of the Special Anti-Robbery Squad, SARS, office Guzape after they were dispatched to the Zankli Medical Centre, Mabushi, Abuja to secure justice for Senator Melaye, who was being admitted there.

    Also two other persons, including a cousin to Melaye and his friend were also arrested during the raid.

    Magistrate Zubairu on Monday granted the defendants bail in the sum of N200,000.

    The judge also demanded one surety each in like sum, adding that the sureties must be resident in the FCT.

    All hell broke loose when over 50 armed policemen deployed in the court attempted to seize placards from protesting lawyers.

    The over 100 lawyers in the court premises resisted the move.

    The police officers then encircled the lawyers and demanded that they leave the court premises.

    This attracted stiff opposition from the lawyers.

  • Abacha loot : Adeosun distances self from controversy surrounding recovery of $322.51m from Switzerland

    Abacha loot : Adeosun distances self from controversy surrounding recovery of $322.51m from Switzerland

    The Federal Government says it has received 322.51 million dollars from the Swiss Government as part of looted funds recovered from former Head of State, late General Sani Abacha.

    Mr Oluyinka Akintunde, the Special Adviser, Media and Communications to the Minister of Finance, said this in a statement on Tuesday in Abuja.

    According to Akintunde, the government received the money since Dec., 2017.

    Akintunde said there was no controversy surrounding the recovery of stolen funds by the former head of state from the Swiss Government.

    “The minister wishes to dissociate herself and the Federal Ministry of Finance from recent reports on the Abacha refunds.

    “The minister had at no time written any letter to the President or any member of the Federal Executive Council (FEC) on the payment of lawyers for the Abacha recovery.

    “She also refutes the flawed reports of controversy surrounding the Abacha recovery.

    “We wish to state that the sum of 322,515,931.83 dollars was received into a Special Account in the Central Bank of Nigeria (CBN) on Dec. 18, 2017 from the Swiss Government.

    “For the avoidance of doubt, there is no controversy concerning the recovery of the Abacha monies from the Swiss Government,” he said.

    Akintunde said the Minister of Finance, Mrs Kemi Adeosun, frowned at a recent report that she objected to the payment of 16.9 million dollars to two lawyers who recovered the Abacha funds.

    In 1999, the Nigerian Government hired Mr Enrico Monfrini, a Swiss lawyer to recover the Abacha loot.

    After a successful negotiation by Monfrini, the recovered money was domiciled with the Attorney-General of Switzerland pending the signing of an MoU with Nigeria to avoid the issues of accountability that trailed previous recoveries.

    All that was left after the signing of the MoU was a government-to-government communication for the money to be repatriated to Nigeria.

    However, Abubakar Malami, the Minister of Justice and Attorney-General of the Federation, later engaged the services of another set of lawyers in 2016 for a fee of about N6 billion (16.9 million dollars).

    The two Nigerian lawyers are Mr Oladipo Okpeseyi, a senior advocate of Nigeria (SAN), and Temitope Adebayo.

  • Ronaldo asks lawyers to negotiate his exit from Real Madrid

    Cristiano Ronaldo has tasked his lawyers with negotiating his exit from Real Madrid, according to new reports in Spain.

    Ronaldo The Los Blancos star has apparently been left unhappy since winning his fifth Ballon d’Or last week.

    While at the ceremony in Paris, Real president Florentino Perez was asked about whether Neymar could follow in the number seven’s footsteps.

    “Being in Madrid would make it easier to win the Ballon d’Or,” Perez confessed.

    “Real Madrid is a club which gives all you need as a big player, everyone knows that I already wanted to sign him at one point.”

    In the television report, Edu Aguirre reveals: “Well, the situation between Real Madrid and Ronaldo has not only failed to improve, it is worse than ever.

    “There has not been a single offer or renewal on the table from Real Madrid for Ronaldo, no offer for Ronaldo. And today, Ronaldo refuses to negotiate any kind of renewal with Real Madrid.”

  • Oct 1 Quit Notice: We won’t leave North by deadline – Resident Igbos

    Oct 1 Quit Notice: We won’t leave North by deadline – Resident Igbos

    …as Northern Youth Coalition reaffirms safety of Igbos in region

    The leadership of the Igbo community in the 19 Northern states has said that the Igbos will not heed to the call by an association of lawyers in Anambra State to leave the region by the October 1 deadline initially issued by the coalition of youth associations in the region.

    Vice President of Igbo Delegate Assembly in 19 Northern states, Chief Chris Nnoli said, the call by the so-called lawyers was not nationalistic and condemnable.

    Nnoli, a Lawyer expressed disappointment that his learned colleagues could make such call.

    He, however, assured that no Igbo man living in the north will heed such call insisting every Nigerian under the constitution of the country has right to live anywhere they feel like within the country.

    Nnoli who is also the President General of Igbo Community Welfare Association (ICWA) in Kaduna State said, October 1st remains Nigeria’s national day and they will all celebrate together as Nigerians.

    “We are not in support of such call and if lawyers actually made such call, because I also read the story in a national daily, then it is very unfortunate and are not going heed to it”, he said.

    In a related development, Shettima who also reacted to the call by the lawyers asking the Igbos in the north to return home before October 1st to avoid been caught unaware as it happened in 1966.

    According to the Northern youths coalition leader, the lawyers asking the Northern-based Igbos to return home at the period are mischief makers and enemies of Nigeria.

    According to Shettima, “we are people of honour and respect. We honour our words. So, Igbos in the north can go about their normal business and they should not listen to mischief makers.

    “We have sensitised our members to ensure safety of every Nigerian, especially the Igbos and we can assure you that, nothing will happen to the Igbos by October 1st and even beyond”, Shettima assured.

  • NASS, bank executives, lawyers, others frustrating anti-corruption war – Sagay

    The chairman of Presidential Advisory Committee Against Corruption (PACAC) Prof Itse Sagay (SAN), on Tuesday accused the National Assembly, top bank executives and lawyers of ‘ganging-up’ to frustrate Federal Government’s anti-corruption crusade.

    According to him, the “monstrous epidemic of high profile corruption” could not have afflicted Nigeria without bankers’ collusion.

    They must not get away with it, Sagay said.

    In my own little way, we are going to push for the prosecution of such bank chiefs. They must be prosecuted,” he said.

    Sagay said the legislature, senior lawyers, especially Senior Advocates of Nigeria (SANs), and some “hostile and powerful judges” work against efforts to rid the country of corruption.

    There is a gang-up of the powerful political, business and banking elite that is determined to frustrate the anti-corruption struggle,” he said.

    The PACAC chairman delivered a public lecture in Lagos on the topic: The many afflictions of anti-corruption crusade in Nigeria. It was organised by the Nigerian Society of International Law.

    Sagay said the National Assembly was made up of self-serving lawmakers who allocated N125billion to themselves alone this year.

    He said while the United States President earns $400,000 per annum, a Nigerian senator earns over $1.7million.

    Sagay said apart from a basic salary of N2.4million per month, they earned allowances, such as hardship (50 per cent of basic salary), newspaper allowance (50 per cent), wardrobe allowance (25 per cent), entertainment (30 per cent), recess (10 per cent) and leave (10 per cent), among others.

    The total allowances, he said, amounts to N29.5million per month and N3.2billion per annum.

    Perhaps the most notorious example of the legislators’ resistance to the war against corruption is the rejection of the right of the executive to choose the persons who will spearhead that struggle.

    The clear impression is created that Nigerian legislators are in office for themselves and not for the populace.

    Not surprisingly, the National Assembly has not passed a single bill for the promotion of anti-corruption war since it commenced business in July 2015. The Whistle Blowers Protection Bill, the Proceeds of Crime Bill and the Special Criminal Court Bill remain in a virtual state of stagnation.

    What evidence do we need to establish the hostility of the eighth Assembly to the anti-corruption war?” Sagay queried.

    The eminent professor of law described corruption in the judiciary “a national tragedy that should be avoided at all cost”.

    He said no one would have remotely imagined as recently as 1999 that judges could indulge in the crime of selling their judgments to the highest bidder for hundreds of millions of dollars.

    The National Judicial Council (NJC), he said, does not have a disciplinary capacity to deal with crimes of such gravity.

    That is why, tragically, we are now experiencing judges being tried in courts like common criminals. That is why the anti-corruption and security agencies have taken it upon themselves to continue from where the NJC stopped.

    It is a painful but necessary sacrifice we must make in order to cleanse and sanitise the system and to breathe new life into it,” he said.

    Sagay said SANs deserve “harsh punishment” for shamelessly approaching judges and introducing them to a “demeaning and shameful culture” of bribery and corruption.

    These SANs deserve the harshest punishment of all. Anti-graft agencies and the police must monitor and investigate the activities of lawyers who receive a share of the proceeds of crime as their fees,” he said.

    Sagay said it was largely SANs, “stuffed full of money”, who designed every scheme imaginable to frustrate the trial of 15 former governors since 2007, out of whom only two were convicted.

    According to Sagay, the Muhammadu Buhari administration has recorded several successes, including massive recovery of stolen assets, elimination of high profile looting and prosecution of high profile cases, including judges, which he said were previously ignored.

    The anti-corruption struggle is like a long distance race – a marathon. It cannot be concluded overnight. The opposition is extremely powerful, using state resources to fight back.

    What we are going to see is a progressive dismantling of the corruption infrastructure. Convictions will occur now and again, but there will be frequent forfeitures of looted funds and other types of property. Remove stolen loot from the culprit and his life becomes miserable.

    In addition to loot recovery, high profile looting at the executive level has been eliminated. Nigeria was bleeding from numerous open wounds when this administration took over about two years ago. All the bleeding has been staunched.

    What is now needed is the positive support of the citizens of this country in this titanic struggle,” Sagay said.

  • NBA assigns 20 lawyers to monitor Lagos LG election

    The Nigerian Bar Association (NBA), Epe Branch, is to assign no fewer than 20 lawyers to monitor the forthcoming local government election in Lagos State.

    According to a statement signed by the Chairman of the association, Mr Sunday Abimbola and the Social Secretary, Mrs Funmilola Adeogun, on Thursday in Lagos, those assigned will monitor the election in Epe.

    The chairman said that the monitoring would assist the state government to achieve its desired peaceful election.

    Abimbola noted that Epe was one of the peaceful areas in the state.

    He said that the association volunteered to monitor the elections to ensure that “the election in Epe is free and fair’’.

    Abimbola said that as legal practitioners, it was their duty to ensure that both the electorate and the candidates kept to the rules and regulations guiding the election.

    “We voluntarily organised and released 20 lawyers to monitor the local government elections.

    “We are urging everybody to be law abiding and maintain peace, in order to allow the good work of His Excellency, Gov. Akinwunmi Ambode, to continue.

    “Ambode has touched the lives of the people of Lagos State positively and everybody should partner with him to ensure the smooth running of the state,’’ he said.‎

    TheNewsGuru.com reports that the local government elections in Lagos state are scheduled to hold on Saturday, July 22. (NAN)

  • Senator Andy Uba parading forged WAEC certificate, lawyer alleges

    Senator representing Anambra South Constituency, Andy Uba has been accused of forging the West African Examination Certificate, WAEC results that he parades.

    The allegation was made by his estranged lawyer, Victor Uwaje, on Wednesday.

    Uwaje was reacting to the allegation that he was trying to extort money from the senator and threatening to destroy his image.

    While describing the allegation as false and baseless, he said the dispute between them was over the refusal of the senator to settle his professional fee.

    TheNewsGuru.com recalls that Senator Uba had in a petition published in the media on April 11 accused Uwaje of attempting to extort money from him, stressing that the lawyer had threatened to destroy his reputation.

    While addressing journalists in Abuja on Wednesday, Uwaje said his dispute with the Senator began after he helped the senator lift a travel ban against him by the United Kingdom.

    Uwaje said he also settled all cases of fraud leveled against Uba in the United States, but later discovered that the senator’s secondary school leaving certificates had been forged.

    He told reporters in Abuja, “Sometimes in 2012, I met with Senator Andy Uba who briefed me that he had issues with the UK authorities because he was banned in 2008 from entering the United Kingdom, and being a British citizen and a private investigator, he wanted me to lift the exclusion ban on him from entering the UK.

    “I met with him at his Asokoro residence where he gave me the power of attorney duly signed by him, both of us appended our signatures. It was authorising me to work on his behalf and he was going to return the expenses back to me that will assist in lifting the ban on him.

    “He also had an arrest warrant against him in the State of Los Angeles, he also gave me a power of attorney in 2015 signed by Senator Andy Uba to lift the arrest warrant against him.

    “After everything, I sought for my professional fees and sent it to him. It kept lingering, he refused to pay. So, at the end of the day, I filed a court process against him, seeking for payment of my professional fees. The amount in question is £1.8 million.

    “In the Vanguard of yesterday, Andy Uba said I was trying to blackmail him to extort money from him and I want to put the records straight about my dealings with Senator Emmanuel Andy Uba.

    “We started from 2016, we have been in court since 2016, so I don’t see the reason he is alluding to blackmail, because we are in court, he was served through the Clerk of the National Assembly. I don’t understand how a case in court is blackmail.”

    The lawyer said he found out about Uba’s alleged false declaration of asset after studying the documents given to him by the senator and investigating it.

    “He presented a lot of documents to be presented to the UK authorities, some forged documents, WAEC certificate and others, which were part of the documents filed in court.

    “WAEC confirmed that the certificate Nnamdi Uba is parading is a fake document and I expect the authorities to look into this vehemently because forgery in the National Assembly is alarming and I feel the media is crucial to straightening issues in Nigeria.

    “I have received several threat phone calls from the UK, different phone calls from people claiming to be his agents threatening my life.”

  • Lawyers reject new fee regime in Osun, call it ‘commercialization of justice’

    Some aggrieved lawyers in Osun State on Tuesday staged a peaceful protest against the hike in filing fees at the Osun State High Court, Osogbo describing it as ‘commercialization of justice’ in disguise.

    The Lawyers, under the aegis of Nigerian Bar Association (NBA) decried the hike, and called for an immediate reversal.

    The development invariably paralysed all activities at the court, and many of those who had earlier arrived at the court for array of processes were left disappointed.

    The association frowned at what they called ” the commercialisation of justice in disguise,” saying it is unbecoming of a temple of justice.

    The Chairman of NBA, Osogbo branch, Mr Asafa Sanusi, while addressing journalists on the issue condemned the increment, saying it was done in bad faith.

    According to him, the jacking up of writ of summon from N4,000 to N40,000 and a divorce petition from N3,000 to N25,0000 is not only unacceptable but arbitrary.

    Sanusi added that his members would not attend courts until the state government reverts to the old fees.

    TheNewsGuru.com reports that the new filing regime was communicated to the members of the bar through a circular signed by the Principal Registrar of the Court, Mr Taiwo Jacob.

    The court is however yet to issue any rejoinder on the new filing fee as protested by the lawyers.