By Taiye Agbaje
Month: November 2023
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Google asks court to dismiss Nigerian’s $150m damages’ suit
The Google LLC, an American multinational technology company, has urged a Federal High Court, Abuja to dismiss the 150 million dollars suit filed by a Nigerian, Mr Chianugo Peter, against it and GoDaddy.com.Google, the 2nd defendant in the suit, told Justice Obiora Egwuatu that Peter’s claims were unmeritorious, unworthy and should be dismissed in its entirety.The company made the averment in its statement of defence dated Nov. 9 and filed Nov. 10 by its lawyer, Mark Mordi, SAN.The News Agency of Nigeria (NAN) reports that Peter had sued GoDaddy.Com LLC and Google LLC as 1st and 2nd defendants over allegations bordering on the shutdown of his YouTube Audio domain name after eight years of promotional and marketing works.The plaintiff, through his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, filed the suit marked: FHC/ABJ/CS/238/2023 on April 14.Peter sought the court declaration that he registered the YouTube Audio business name, commenced trademark registration on the logo of the business name.He also said that he secured the YouTubeAudio.com domain name from the GoDaddy in good faith to carry out genuine business to host his application thereon to attract users.He also sought a declaration that since GoDaddy and Google encouraged him to make use of the YouTubeAudio.com domain name for the past eight years, “they are estopped from claiming that the domain name infringes any of their trademarks or deny the plaintiff the use of the YouTubeAudio.com domain name.“A declaration of this honourable court that the plaintiff is entitled to compensation from the defendants for the loss of the YouTubeAudio.com brand and goodwill which has accrued on the brand and domain name for eight years of promotional and marketing works from 2nd July, 2015 to 7th December, 2022.”Peter, therefore, sought an order directing the defendants to pay him the sum of $50 million for promotional and marketing works on the YouTube Audio business name and YouTube Audio.com domain name for eight years from July 2, 2015 to Dec. 7, 2022.“An order of this honourable court directing the defendants to pay the sum of 100, 000, 000 dollars to the plaintiff for loss of anticipated profits associated with the brand equity and goodwill of YouTube Audio and YouTube Audio.com domain name.“An order of this honourable court directing the defendants to pay the Plaintiff the sum of N50, 000, 000 (Fifty Million naira) to enable the plaintiff to carry out fresh registrations of its new name and secure an alternative domain name to host its application to attract users.“An order of this honourable court directing the defendants to pay the sum of N10, 00, 000 (Ten Million naira) paid to the plaintiff’s counsel for prosecution of this suit.”NAN observes that though GoDaddy.Com LLC had neither been represented in court nor filed any application since the commencement of the case, Google LLC had responded.In its reaction, Google argued that Peter did not act in good faith when he registered the YOUTUBE AUDIO business name and the YouTubeAudio.com domain name.According to the company, the plaintiff was aware of his lack of bona fide claim because he approached it before he commenced operation “and acknowledged the 2nd defendant (Google)’s rights.It gave reasons Peter should not be entitled to any of the reliefs sought in his statement of claim.According to Google, the plaintiff does not own the YOUTUBE trademark nor does he have a bona fide claim to use or register any mark that incorporates or is similar to the YOUTUBE trademark.“The 2nd defendant is the international owner of the duly registered and famous ‘YOUTUBE’ word and ‘YOUTUBE GO’ logo trademarks in Nigeria and worldwide.“The 2nd defendant started using its YOUTUBE trademark in February 2005 internationally.“In addition, the 2nd defendant’s YOUTUBE trademark was first registered in Nigeria in 2007.“Such use and registration in Nigeria was prior to the plaintiff’s use in Nigeria, which only commenced in 2015,” the company argued.When the matter was called on Monday, plaintiff’s counsel, Jude Otakpor, told the court that while he was in receipt of Google’s statement of defence, GoDaddy was yet to put up appearance in court.The lawyer, who appeared for Google, Okimute Ohwahwa, said she had an application for extension of time to regularise their processes.Ohwahwa said their statement of defence was dated Nov. 9 and filed Nov. 10.Otakpor did not oppose Ohwahwa’s oral application and Justice Egwuatu granted it.But Otakpor, however, sought an adjournment to enable them file a reply to Google’s statement of defence.The judge, who adjourned the matter until Feb 12, directed that a hearing notice be issued on GoDaddy.NAN -

AGF complies with court order, takes over Stella Odua, CCECC’s trial
By Taiye Agbaje
The Attorney-General of the Federation (AGF) Mr Lateef Fagbemi, SAN, has taken over a N5 billion fraud case filed by the Economic Financial Crimes Commission (EFCC) against former Aviation Minister, Stella Oduah, and others in compliance with a court order.David Kaswe, the Chief State Counsel from the AGF’s Chambers, told Justice Inyang Ekwo shortly after the matter was called for hearing.Upon resumed hearing, Kaswe notified the court that the AGF was taking over the matter and that his office had written to the EFCC but the commission was yet to release the case file to enable them commence the trial.He, therefore, sought an adjournment.But Justice Ekwo reminded the lawyer that it was the order of the court that the AGF should take over the case.The judge, who said that the office of the AGF did not need to write the anti-graft agency, said the EFCC was bound to obey the order.Kaswe, however, said that his office took into cognisance the fact that the EFCC had just had a change of leadership.Justice Ekwo adjourned the matter until March 28.The News Agency of Nigeria (NAN) reports that the judge had, on July 21, ordered the AGF’s office to take over the N5 billion fraud case shortly after the arraignment of Oduah, a Chinese construction giant, CCECC, and others.The development occured after the anti-corruption agency’s lawyer, Offem Uket, was unable to provide a direct answer to the judge’s question on why the agency failed to produce in court persons behind breaching his privacy through text messages on his phone and another group who petitioned the chief justice of Nigeria regarding the ongoing case“I will give a date for trial and make a consequential order because you have allowed this matter to degenerate this way.“You think you can shield any of these persons who have interfered in these proceedings?” he asked rhetorically.“I make an order that the AGF shall take over this case and the EFCC shall hand over the records of proceedings to the office of the AGF,” the judge had ruled.NAN reports that Oduah, a former senator representing Anambra North Senatorial District at the 9th National Assembly, and others were arraigned on July 21 on 25-count charge.She was arraigned alongside CCECC Nigeria Ltd, the Nigerian subsidiary of China Civil Engineering Construction Corporation (CCECC) established by the Chinese government to execute international contracts and economic cooperation.Also joined in the charge are Gloria Odita, Nwosu Emmanuel Nnamdi and Chukwuma Irene Chinyere.Others include Global Offshore and Marine Ltd, Tip Top Global Resources Ltd, Crystal Television Ltd and Sobora International Ltd.They all pleaded not guilty to the counts and were admitted to bail in terms of the administrative bail earlier granted them by the anti-graft agency.In the charge marked: FHC/ABJ/CR/316/2020 and filed by the EFCC on December 17, 2020, the defendants are being accused of laundering various sums of money totalling about N5,052,415,984 between February and June 2014.The EFCC accused the defendants of conspiracy to commit money laundering, transferring, taking control and taking possession of proceeds of fraud, aiding and abetting money laundering and opening anonymous bank accounts.Specifically, the prosecution alleged in two of the 25 counts that Oduah, a former Aviation Minister, and Odita opened anonymous “Private Banking Nominee” dollar and naira accounts with First Bank Ltd, thereby committing an offence contrary to Section 11(1) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under Section 11(4) (a) of the same Act.In the charge, CCECC Nigeria Limited was alleged to have transferred over N2.5 billion into the naira account of a Private Banking Nominee between March 31 and June 6, 2014.NAN -

Alleged N109bn fraud: Court revokes ex-AGF Idris, co-defendant’s bail
By Edith Nwapi
Justice Yusuf Halilu of an FCT, Maitama, Abuja, on Tuesday revoked the bail earlier granted one of the defendants in the trial of a former Accountant-General of the Federation, Ahmed Idris over an alleged fraudulent diversion of public fund to the tune of N109.5million.
The defendant, Geoffrey Olusegun Akindele’s bail was revoked by the judge following his non-appearance in court for continuation of trial.
Akindele, who is the second defendant in the case marked, CR/199/2022, and Idris are standing trial alongside Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited.
The Economic and financial crimes commission (EFCC) dragged them to court on a 14-count charge bordering on stealing, fraudulent diversion of public fund to the tune of N109.5 billion.
Idris, among others, was alleged to have between Feb. and Dec. 2021, while being a public servant by virtue of his position as Accountant-General of the Federation accepted from Olusegun Akindele, the second defendant, a gratification of the aggregate sum of N15, 136, 221, 921.46, which was converted to dollars equivalent by Akindele.
The money, according to the prosecution, did not form part of Idris’s remuneration but a motive for accelerating the payment of 13% derivation to nine oil producing states in the federation through the Office of the Accountant-General of the Federation.
EFCC alleged they thereby committed an offence contrary to Section 155 of the Penal Code Act Cap 533 Laws of the Federation of Nigeria 1990 and punishable under the same section.
Idris and Akindele, who was Technical Assistant to the Accountant-General of the Federation, were accused of committing criminal breach of trust while being entrusted with certain property, to wit N84,390,000,000 between Feb. and Nov. 2021 by dishonestly receiving the said amount from the Federal Government through Godfrey Olusegun Akindele, trading under the name and style of Olusegun Akindele & Co.
By this, acccording to EFCC, the first and second defendants were alleged to have committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria.
The defendants, however, pleaded not guilty to the charges preferred against them by the anti-corruption commission.
At the resumed hearing of the matter on Tuesday, Akindele was absent in court as of the time the case was called, though Idris and Usman were in court.
Despite pleas by counsel for Akindele, S.E. Adino that his client was on the way to court, submitting that he (Akindele) has always been in court to face trial, Justice Halilu insisted on revoking the second defendant’s bail.
The judge held that after listening to what Adino said, when a court grants a defendant bail, such person must reciprocate the gesture by attending court for trial.
He added that, Akindele had clearly not shown good character and conduct by his refusal to attend court.
” The second defendant had abuse the terms of his bail.”
Halilu subsequently revoked his bail and ordered the FCT Commissioner of Police and the EFCC to arrest Akindele and produce him in court in the next adjourned date.
He then adjourned the case until Feb. 1, 2024 for definite hearing.
Earlier, the prosecuting counsel, Oluwaleke Atolagbe, had informed the court that the prosecution received a letter from counsel for Idris and did not receive any from the counsel for Gezawa Commodity Market and Exchange Limited.
Atolagbe said despite the fact that there were competent lawyers in the office of Idris’ lawyer, none of them announced appearance for the former Accountant-General of the Federation.
He added that he saw two lawyers from the office yesterday morning in court, saying that, “This is not fair on the prosecution. It is definitely a ploy to delay trial.”
NAN
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11-year-old student slams N100m suit against hospital over alleged damaged testicles

Abuja: An 11-year-old Nelson George has filed an N100 million suit against Limi Children’s Hospital Limited for alleged misdiagnosis and mistreatment leading to the damage of one of his testes.
Nelson, who instituted the suit through his father, Bankole George, also prayed Justice Akanbi Yusuf of FCT High Court, Kubwa, to make an order directing the hospital to pay the sum of N5 million to him as cost of filing the suit.
In the suit marked: FCT/HC/CV/7356/2023 dated and filed on Aug. 28 by his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, Nelson further prayed the court for an order directing the medical outfit to issue a letter of apology to him for the alleged misconduct.
The News Agency of Nigeria (NAN) reports that the claimant also joined Medical and Dental Council of Nigeria, Medical and Dental Practitioners’ Investigation Panel and Federal Competition and Consumer Protection Commission as 2nd to 4th defendants in the matter.
The claimant equally urged the court to declare that the 2nd to 4th defendants ought to be more proactive in ensuring that they perform their duties under their mandate as provided in the respective legislations establishing them to protect and promote his interests and wellbeing, including that of members of the Nigerian public.
In his joint statement of claim, Nelson said he was 11-year old presently “in Junior Secondary School 3 and lives under the parentship of Bankole George who is his next friend and legal guardian.”
“Bankole George (“Bankole”) is the biological father of the claimant.
“He is a Grade Level 18, Step 11 Director of Dangote Cement Plc. and a subscriber of the Platinum package of the National Health Insurance Scheme (NHIS AXA MANSARD),” the statement said.
It said that Nelson was one of the beneficiaries of Bankole’s Health Insurance Scheme in Abuja.
According to the statement, on 30th January, 2023, Bankole discovered that the claimant (Nelson) was having serious abdominal pains and his genital and scrotum were swollen.
“Bankole promptly rushed the claimant to the 1st defendant’s hospital which is one of the hospitals listed in Bankole’s package of the NHIS for himself and his family members to which the claimant is one.
“After preliminary checks, the claimant was admitted at the 1st defendant’s hospital for treatment,” it said.
It said that the hospital then conducted laboratory tests on Nelson, including a scan on his genitals.
“In the scan report, the Sonologist concluded that the claimant suffered from Epididymo-orchitis/Torsion.
“The claimant was admitted at the 1st defendant’s hospital for 4 (four) days to undergo treatment for acute Epidydymo-orchitis only without addressing the Torsion in the scan report.
“He was discharged from the 1st defendant’s hospital in the evening of 2nd February, 2023,” it said.
“Painfully, in the evening of 9th February, 2023, at about 11pm, the claimant complained of discomfort in his genitals and the same abdominal pains.
“Bankole took the claimant back to the 1st defendant’s hospital in the morning of Friday, 10th February, 2023.
“The claimant was again admitted and this time treated for malaria, sepsis and peptic ulcer disease with series of tests conducted once more.
“The abdominal pains subsided and the claimant was discharged the second time in the evening of 11th February, 2023,” it said.
It further said that on Feb. 13, Nelson again complained of excruciating abdominal pains and his genitals were swollen, and Bankole was advised to take the claimant to another hospital for proper diagnosis and treatment.
“The claimant was taken to Nisa Premier Hospital Abuja (“the Nisa Premier”),” it said.
After preliminary examination and a scan which showed that Nelson had Testicular Torsion (“TT”), an urologist and his team at Nisa Premier promptly carried out a surgery on his scrotus.The statement alleged that they later discovered that Limi Children’s Hospital Limited’s delay in discovering and promptly carrying out a surgery on the claimant had led to a complete damage to one of his testes.
It said Limi Hospital, however, denied any wrongdoing and maintained that their action was in line with standard medical protocol.
Besides, Limi Hospital’s counsel, on April 6, also wrote to Nelson’s lawyer, Ekpenyong, and absolved the hospital from any wrongdoing or liability.It said Nelson’s lawyer, therefore, petitioned the Medical and Dental Council of Nigeria and that when Nelson’s affidavit got to Medical and Dental Practitioners’ Investigation Panel, the panel said it had no jurudiction on the subject matter.
It said Ekpenyong thereafter petitioned the Federal Competition and Consumer Protection Commission but the commission did not act on the complaint.
Nelson, therefore, averred that Limi Hospital owed him a duty as a patient to properly diagnose his medical condition to prevent a deterioration of his condition to the extent of losing one of his testes.
The defendants were yet to respond to the originating processes served on them as at the time of this report.
Justice Yusuf fixed Dec. 20 for hearing of the suit.(NAN)(www.nannews.ng) /Flowerbudnews
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NAN to expand its operations-MD

By Naomi Sharang
Abuja: The Managing Director, News Agency of Nigeria (NAN) Malam Ali Muhammad Ali says the agency plans to expand its operations in line with the current global trend.
Ali said this at the Public Hearing on the 2024-2026 Medium-Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP)
The hearing was organised by the Joint Committee on Finance, Appropriations, National Planning and Economic Affairs and Local and Foreign Debts.
Ali said that the management was thinking of expanding the agency’s operations to make it much more commercial oriented.
“The agency was established in 1976 with the primary responsibility to seek, obtain and receive through subscription payment, exchange for news materials and features.
“To basically distribute such news materials to subscribers against payment either in the form of news exchange.
“It has also engaged in enterprises that are auxiliary to the primary function of the agency.
“We can’t be self-funded because our sources of revenue…,though we have services we render which generate revenue for us but it cannot carter for our operations,” he said.
Ali added: “We are getting subvention from the national budget. We are dependent mostly on government.“We have remitted to the federation account. Though we have remitted not much actually. By law, we remit 25 per cent of our generated revenue to the federation. account.”
A member of the committee, Sen. Ede Dafinone (APC-Delta) commended NAN on the well articulated MTEF/FSP document presented to the committee.
“This is one of the best presentation seen here. It’s very well put together”.
On his part, Sen. Osita Izunaso (APC-Imo) urged NAN to strive to be self-funding and self-financing.
“This is because NAN is like our own Reuters. And you have offices all over the place and even the news that you disseminate, media houses subscribe to, they pay to NAN. So why wouldn’t NAN strive to be self-funding.
“I think that should be the next target for NAN. Because even if you look at the budgetary provision for you it is paltry.”
NAN/ Flowerbudnews
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Minister tasks Super Eagles on 2026 World Cup qualification
By Muhyideen Jimoh
The Minister of Sports Development, Sen. John Owan-Enoh has urged the Super Eagles of Nigeria to start their qualifying campaign strong, to pick a ticket for the 2026 FIFA World Cup.
The 2026 FIFA World Cup will be hosted by the U.S, Mexico and Canada.
The minister stated this on Tuesday in Abuja, ahead of the team’s opening home game against Lesotho on Thursday in Uyo, in the qualifying series.
The Eagles will thereafter lock horns with Zimbabwe on Sunday in match day two of the doubleheader qualifiers.
He stressed the need for the team to be ruthless, and avoid taking the same route that led to the heart breaking non-qualification for the 2022 World Cup in Qatar.
“The memory of losing out during the qualifiers for the 2022 World Cup is still fresh in the minds of Nigerians.
“The team should avoid leaving their fate to permutations. We should bring out our best to pick the first six points in front of us,” he said.
Owan-Enoh expressed confidence in the team’s ability and highlighted the immense pride the nation holds for the Super Eagles
He urged the technical crew and the players to put their best foot forward in the two crucial games.
“I have complete faith in our talented squad. The Super Eagles have a rich history of success, and we believe they are fully capable of securing two wins in the upcoming matches.
“This is not just a football game; it is a representation of the spirit and resilience of the Nigerian people. I encourage our players to give their all on the field and make the nation proud,” he charged.
The minister also commended the coaching crew led by Jose peseiro and support personnel for their dedication and hard work in preparing the team.
“As the Minister of Sports Development, I want to assure the full support of the government.
“We will continue to invest in sports infrastructure, training facilities, and programs that nurture the talent of our young athletes,” he said.
The News Agency of Nigeria (NAN) reports that the Super Eagles, three-time AFCON Champions will open their campaign against Lesotho in Uyo on Thursday, then face Zimbabwe away on Sunday.
NAN
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Imo PDP Guber candidate rejects result of Saturday’s poll
By Ugonne Uzoma
The Governorship Candidate of PDP in Saturday’s election in Imo, Sen. Samuel Anyanwu, has formally reacted to the outcome of the poll, saying it is unacceptable to him.
Anyanwu spoke through a statement issued by the Director of Media and Publicity of his Campaign Organisation, Mr Ikenna Onuoha, and made available to newsmen in Owerri on Tuesday.
He described INEC’s declaration of Gov. Hope Uzodimma of APC as the winner of the poll as “unacceptable”.
Anyanwu alleged that the election was hijacked by thugs and urged INEC to cancel the election.
He discredited the results announced by the electoral umpire, saying that they were obtained from areas where elections were not scheduled to take place.
The PDP governorship hopeful advised INEC to redeem its image by reviewing the exercise or cancelling the election within seven days
“Imo people should be bothered that INEC generated election results from areas it had earlier announced that election would not hold due to insecurity,” the statement added.
It threatened that the PDP governorship candidate might be compelled to seek redress in Court, should INEC fail “to either review the election or cancel it entirely within seven days.
“INEC is advised not to allow itself to be viewed as a willing tool to destabilise Nigeria’s democracy,” the statement read.
Meanwhile, Anyanwu has denied the allegation in some quarters that he collected N2.5 billion from party leaders and financiers to induce voters to vote for the party in the election.
He was reacting to the “rumour that he disbursed only ten per cent of the funds”.
According to the statement, Anyanwu described the allegation as “blackmail from mischief makers and a vile attempt to malign his character”.
It stated that the party did not subscribe to thuggery, vote buying and other electoral misconducts.
“This allegation is not only misleading, ridiculous and mischievious but a big hoax.
“It is pure blackmail from mischief makers with no iota of truth in it.
“It is preposterous and utterly absurd for a sane person to allow himself to be used as a tool to malign his fellow humanbeing simply to pursue a vile and irrelevant motive.
“That the PDP refused to be part of vote buying, thuggery and rigging, which is at variance with the Electoral Act, should not give anyone the temerity to propagate falsehood in order to score cheap political relevance,” the statement added.
NAN
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Labour Strike: Workers observe partial compliance in FCT
By Joan Nwagwu
Workers in the Federal Capital Territory (FCT) observed partial compliance to the directive by the organised labour to it members to embark on an indefinite nationwide strike.The Trade Union Congress(TUC) and the Nigeria Labour Congress (NLC) had on Nov. 13, directed all affiliates to embark on an indefinite nationwide strike.The strike was called to press home their demands, especially the “non comment by the Federal Government over the brutalising of the NLC President, Joe Ajaero by security agents and hoodlums in Imo”.It would be recalled that the NLC had declared a protest in Imo, led by Ajaero on Nov.1, over alleged anti- workers policies by the state government .Ajaero was attacked and brutalised by security agents and hoodlums allegedly sent by the state government.NAN also reports that Gov. Hope Uzodimma of Imo and the Nigeria Police had refuted the allegation.It also be recalled that the National Industrial Court had restrained organised labour from embarking on the planned nationwide strike.NAN observed that at the Federal Secretariat, workers were seen going about.Also, at the Area one old Secretariat, workers were also seen going in and out of the place.Commercial banks such as Guaranty, Union, First Bank , among other banks in Area 3 and 8 were opened for operation as some customers were seen going in and out of the place.NAN also report that some schools were open and lessons were on going.Also, some workers who spoke with NAN said that the nationwide indefinite strike was uncalled for.They said that people are already suffering and the economy was not friendly and with the indefinite strike it would increase the hardship on the people.NAN -

Nigeria’s power system debts to NDPHC hits N180bn- Ugbo
By Yusuf Yunus
Lagos: Mr Chiedu Ugbo, Managing Director, Niger Delta Power Holding Company (NDPHC), says the debts profile of Nigeria’s power system stands between N150 billion and N180 billion.
Ugbo said this during a roundtable with newsmen on Monday in Lagos.
He identified Nigeria Bulk Electricity Trading Company (NBET) and the Central Bank of Nigeria (CBN) as one of the companies owing NDPHC.
Ugbo, however, maintained that the debts did not affect the company’s drive for Light up Nigeria Project.

The NDPHC boss said that the company was also indebted to other entities in the value chain, which include the gas producers.
On the Light UP Project of the company, the NDPHC boss said, “We have started with Ibadan Electricity Distribution Company (IBEDC) to supply Ota Industrial Clusters, while many other projects are also on with other DisCos.”
He said that the stake of 10 Inregrated Power Plants (NIPPs) was embargoed because the owners of the business were yet to take a decision to sell.
“The owners of the business have not come up with a decision to sell. We at the NDPHC are just care-takers.
“We will act based on any decision taken by the owners of the business, which are the federal and the state governments,” he said.

The News Agency of Nigeria (NAN) reports that those that attended the meeting were Mr Abdullahi Kassim, Executive Director Generation; Mr Ifeoluwa Oyedele, Executive Director, Networks and Dr Steven Andzenge, Execultive Director, Legal Services. (NAN)(www.nannews.ng) /Flo