Category: Judiciary

5 suspected arsonists of Rivers House of Assembly docked for alleged terrorism

Abuja: The five suspected persons who allegedly burnt the Rivers House of Assembly on Oct. 29, 2023, were, on Thursday, arraigned at a Federal High Court, Abuja on seven-count charge bordering on terrorism.

The five suspects were arraigned before Justice Bolaji Olajuwon by the police in charge marked: FHC/ABJ/CR/25/2024.

The News Agency of Nigeria (NAN) reports that while the Inspector-General (I-G) is the complainant, Chime Ezebalike, 37; Prince Oladele, 47; Kenneth Goodluck Kpasa, 40; Osiga Donald, 42; Ochueja Thankgod , 35, are 1st to 5th defendants respectively.
The police alleged that the defendants, alongside Hon. Edison Ehie, former factional speaker of the assembly loyal to Gov. Siminalayi Fubara with others at large committed the offence.

NAN reports that Ehie, representing Ahoada East Constituency, had, in December, resigned as a member of the Rivers State House of Assembly, as well as the speaker of the minority lawmakers.

The resignation was said to be part of the agreements reached in the bid to reconcile Fubara and former Governor, Nyesom Wike, now the FCT Minister. NAN)(www.nannews.ng)/Flowerbudnews

January 25, 2024
Court restrains I-G, DSS from withdrawing security details attached to Rivers lawmakers

Abuja: A Federal High Court in Abuja, on Wednesday, gave an order of interlocutory injunction restraining the Inspector-General (I-G) of Police and the Department of State Services (DSS) from withdrawing the security details attached to the Martin Amaewhule-led Rivers House of Assembly.

Justice Donatus Okorowo made the order in a ruling on a motion on notice moved by Steve Adehi, SAN, and which was not opposed by the defence counsel including Adeyemi Ajibade, SAN, the Peoples Democratic Party (PDP)’s National Legal Adviser.

Justice Okorowo directed the police and DSS to provide them with adequate security in carrying out their legislative functions.
The News Agency of Nigeria (NAN) reports that the motion on notice, dated and filed on Dec 13, 2023, sought five orders of interlocutory injunctions.

The 26 lawmakers had, in the motion marked: FHC/ABJ/CS/1681/2023/, sued the Independent National Electoral Commission (INEC), PDP, the assembly, clerk of the assembly, I-G and DSS as 1st to 6th defendants respectively.

The motion was deposed to by Amaewhule, the Speaker of the assembly.

Upon resumed hearing, Adehi informed the court of the pending application and went ahead to move the motion, which was not opposed by other lawyers.

Responding, Ajibade said though he would not object to the application, he said the PDP was preparing for trial and would file its pleading in the next adjourned date.

He insisted that the 26 lawmakers would have to vacate their seats, having dumped the party for the All Progressives Congress (APC) in disregard to the provisions of the law
Ken Njemanze, SAN, who appeared for the house of assembly (3rd defendant) and Ferdinand Orbih, SAN, who represented the clerk of the assembly (4th defendant), did not oppose Adehi’s application.

Delivering the ruling, Justice Okorowo made an order of interlocutory injunction restraining INEC and the house of assembly from declaring vacant ot taking any step to declare vacant the seats of the lawmakers pending the hearing and determination of the motion on notice.

The judge also made an order of interlocutory injunction restraining INEC from withdrawing their certificates of return or conducting fresh elections to fill their seats pending the hearing and determination of the motion on notice.

He made an order of interlocutory injunction restraining the defendants jointly and severally from interfering with the official rights and privileges of the speaker, deputy speaker and members of the assembly.

Justice Okorowo adjourned the matter until Feb. 16 for mention.

NAN earlier reported that the judge had, on Dec. 17, 2023, gave an interim order restraining all the defendants from taking any action over the defection of the lawmakers until the substantive suit is determined.

Okorowo gave the ruling in an ex-parte motion moved by counsel who appeared for the defected lawmakers, Peter Onuh.

Besides, a brother judge, Justice James Omotosho, on Monday, set aside the N800 billion 2024 budget passed by five members of the house led by its factional Speaker, Edison Ehie, and signed into law by Gov. Siminalayi Fubara on Dec. 14, 2023.

Justice Omotosho, in a judgment, also barred the National Assembly from taking over the assembly’s function, among others.

However, Justice J. O. Abdulmalik of a FHC, in her ruling on Monday, directed the parties not to take further steps pending the hearing and determination of the suit brought before the court by six elders of the state.

Abdulmalik ordered all the parties to maintain status quo and adjourned until Feb. 28 for hearing.(NAN)(www nannews.ng)/ Flowerbudnews

January 25, 2024
EFCC Arraigns Ex-Anambra Gov. Obiano for Alleged N4bn Fraud

By Biola Lawal

Abuja (Flowerbudnews): The Economic and Financial Crimes Commission, EFCC has arraigned a former governor of Anambra State, Willie Obiano for an alleged N4 Billion Naira fraud.

He was arraigned before Justice Inyang Edem Ekwo of the Federal High Court in Abuja.on Wednesday.

He was arraigned on nine- count charges bordering on money laundering, diversion of funds, stealing and corruption to the tune of N4billion, EFCC Spokesman, Dele Oyewale disclosed in a statement, a copy of which was made available to Flowerbudnews.

Count one of the charge reads: “That you, Chief Willie Maduabuchi Obiano, whilst being the Executive Governor of Anambra State of Nigeria between March 2014 – March 2022, sometime between the 16th February, 2018 and 9th March, 2018 in Abuja, within the jurisdiction of this Honorable Court, did make cash transaction through a non-financial institution by instructing one Uzuegbuna Okagbue, your then Chief Protocol Officer / Deputy Chief of Staff to transfer the aggregate sum of N223,371,000 (Two Hundred and Twenty Three Million, Three Hundred and Seventy One Thousand Naira only) from the Anambra State Government Security Vote Account No 5030050875 domiciled at Fidelity Bank Plc into Connought International Services Limited, Fidelity Bank No 5540007709 ( a non-financial institution) which was converted to the equivalent of $600,000.00 (Six Hundred Thousand United States Dollars) and collected in cash from one Ayuba Tanko and handed over to you in cash by the said Uzuegbuna Okagbue and you thereby committed an offence contrary to Section 1 of the Money Laundering (Prohibition) Act, 2011 (as amended) in 2012 and punishable under Section 16 (2) (b) of the same Act.

Count four of the charge reads: “That you, Chief Willie Maduabuchi Obiano, whilst being the Executive Governor of Anambra State of Nigeria between March 2014 – March 2022, sometime between 13th February 2018 to 2nd March 2022, in Abuja, within the jurisdiction of this Honorable Court, indirectly transferred through Mr Willie Nwokoye, your then principal private secretary, the sum of N1, 206, 760,310 Billion ( One Billion, Two Hundred and Six Million, Seven Hundred and Sixty Thousand, Three Hundred and Ten Naira only) from the Anambra State Government Security Vote Account No: 5030050875 domiciled in Fidelity Bank Plc into the Fidelity Bank Plc Account No: 5600251033 belonging to Moment of Peace Ventures (an entity that had no business relationship with the Anambra State Government ) which funds were dissipated for purposes unrelated / unconnected with the security affairs of Anambra State, which you reasonably ought to have known that such funds formed part of the proceeds of your unlawful act, to wit: (Stealing and Corruption) and you thereby committed an offense contrary to Section 15 (2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) in 2912 and punishable under Section 15 (3) of the same Act”.

He pleaded not guilty to all the charges when they were read to him.

In view of his plea, prosecution counsel, Slyvanus Tahir, SAN, asked for a trial date while praying the court for the remand of the defendant in a Correctional Centre pending the date of the trial. Counsel to the defendant, Onyechi Ikpeazu, SAN, drew the attention of the court to a bail application before the court.

While ruling, Justice Ekwo thereafter asked the prosecution to provide the particulars of the administrative bail granted the defendant by the EFCC, stating that the court will adopt the terms of the bail.

He also ordered that the defendant’s passport and traveling documents be kept in the custody of the court and the Nigeria Immigration Service be notified of the arrangements.

Additionally, Justice Ekwo ordered the defendant not to travel outside jurisdiction without the permission of the court and

adjourned the matter to March 4, 5,6 & 7, 2024 for trial. (Flowerbudnews)

January 24, 2024
Senior staff files N150m suit against JAMB for alleged unlawful dismissal

Abuja: Mr Yisa Usman, a Deputy Director with Joint Admissions and Matriculation Board (JAMB), has filed a N150 million suit against the board over alleged unlawful dismissal.

Usman, in the suit marked: NICN/ABJ/266/2023 and filed by his lawyer, Oseini Bamigbaye from the Chambers of Mohammed Shuaibu, at the National Industrial Court, Abuja, sought nine reliefs.

The News Agency of Nigeria (NAN) reports that while Usman is the claimant, JAMB is the sole defendant in the case dated and filed Sept. 29, 2023.

The claimant is praying the court to declare that the constitution of the Board’s Directorate Staff Disciplinary Committee set up by the office was wholly irregular, illegal, null and void for failure to comply with Article 3.5.4 of the Board’s Staff Manual and Conditions of Service.

He is also praying the court to declare that the composition of the committee, mostly consisting of the board’s registrar and other directors who were beneficiaries of infractions exposed by him “in Item No. 6, Page 5 of his response dated April 3, 2023, to the query issued on March 31, 2023, is unconstitutional,null and void.”

He premised his argument on the grounds that his right to fair hearing could not have been guaranteed before the committee.

Usman is equally urging the court to declare that “the claimant’s purported dismissal by the defendant without the consideration of the Committee’s Report by the defendant’s board is unlawful, illegal null and void.”

The claimant, who sought an order setting aside his “purported dismissal” by the board, prayed the court for an order reinstating him “to his position with full entitlements, benefits and perks due to him by virtue of his position.”
He sought “an order granting to the claimant all the salaries, allowances, perks due to him or that would have been due to him but for the purported dismissal.

“An order compelling the defendant to promote the claimant as the Director of Finance and Account, being the most senior and qualified director in the Finance Department; the current Director of Finance and Account (DFA), having been holding that office illegally since May 9, 2022, when he turned 60 years old.

“Exemplary damages in the sum of N150, 000, 000.00(one hundred and fifty million naira) for illegally and unlawful dismissing the claimant as well as the emotional, reputational, psychological pain and trauma caused by the malicious, illegal, and arbitrary actions of the defendant.

“The cost of this action including reasonable cost to cover solicitor’s fees.”
In his statement of material facts, Usman averred that he joined JAMB in Sept 11, 1997 as an Accountant II and rose to the position of deputy director after receiving several promotions in the board.

He said at the time of the dismissal, he was in his eight years as deputy director in federal service and next in line to be the DFA.
He said his professional education, training, experience, and personal principles “shaped him as an accountable, honest, transparent, efficient, and anti-corruption individual who cannot tolerate any form of infractions and always speak up against them.”
According to him, this nature resulted in conflicts with the management of the board, as he is seen as an obstacle that needs to be removed.

He said his commitment to due process and aversion to corrupt practices led him to lodge complaints to the management of JAMB, the Head of Service, the EFCC, ICPC and the office of the Permanent Secretary Federal Ministry of Education about financial interactions in the board.

Usman said unfortunately, these actions did not sit well with the board’s management, particularly its Registrar, Prof. Ishaq Oloyede.
NAN observes that no fewer than 33 letters, exhibited in the court documents, were written by the claimant to different government agencies in his efforts to blow the whistle on various infractions, violations of due process, laws, and civil service rules against the board in relation to procurement, bookkeeping and employment regulations.

Against this background, Usman averred that he suffered continuous transfers despite his constant pleas due to his physical and health issues.
According to him, within a period of five years, the claimant was maliciously transferred from Abuja to Kogi to Kaduna and then to Port Harcourt and back to Kaduna, despite his physical challenges and the distance from his family.

He alleged that the purpose of these transfers was to remove him from important core activities of the board and prevent him from raising concerns about any notable infractions.
Besides, he said that in the bid to shut him down, a trumped up charge was filed against him at Federal High Court (FHC), Abuja.
“Despite all these challenges, the claimant diligently and commendably performed his duties and responsibilities,” he said.

Justice Osatohanmwen Obaseki-Osaghae adjourned the matter until March 11 for further mention due to non-representation of JAMB in court when the matter came up on Monday.
The judge also directed that a hearing notice be issued and served on the defendant against the next adjourned date.

NAN reports that the police had, on June 14, 2023, arraigned Usman before Justice Nkeonye Maha of a FHC on allegations bordering on threatening Mrs Raheemat Oloyede on the phone with the intent to blackmail her husband, Prof. Ishaq, the JAMB’s registrar, among other counts.

But Usman’s lawyer notified the FHC court, when parties returned to court, that while the trial was still ongoing, his client was dismissed when parties ought to respect and submit themselves to the jurisdiction of the court and maintained a status quo pending the hearing and determination of the charge.(NAN)(www.nannews.ng)

January 24, 2024
Court adjourns Saraki’s suit against EFCC, ICPC, others

Abuja: A Federal High Court (FHC), Abuja, on Tuesday, adjourned two separate suits filed by former Senate President, Bukola Saraki, against the Economic and Financial Crimes Commission (EFCC) and others.

Justice Inyang Ekwo, in a short ruling, said the adjournment was to await the report of the Court of Appeal on application for stay of proceedings filed by the ex-lawmaker.

Upon resumed hearing, Saraki’s lawyer, Tunde Afe-Babalola, SAN, informed that he had a pending application for stay of proceedings filed on July 30, 2021..

He said all the parties had been served and that they were ready to proceed.

The judge then asked whether the motion for relisting had been taken.

“Yes, we filed a stay at the Court of Appeal,” he responded.
But the EFCC’s counsel, Christopher Mshelia, who said he was not sure if the commission had been served, said he was not ready for today’s hearing.

Ekenma Okafor, who appeared for Code of Conduct Bureau (CCB), said his client had not been served.

“I remember on one of the sittings, the counsel appearing for the applicant had given the court his word that he is withdrawing their appeal.
“We are surprised with this development,” Okafor said.

Afe-Babalola, who said he was not aware of Okafor’s information, said the important thing was that the motion was pending.

“If you had filed a stay at the Court of Appeal, why did you also file a stay here?

“If I grant you stay here, have I not done their duty at the Court of Appeal?” the judge asked.
Justice Ekwo, therefore, said he would give Afe-Babalola a date to enable him to sort himself out at the Court of Appeal and report back.

The matter was then adjourned until April 18 for report of proceedings at the Court of Appeal.
The News Agency of Nigeria (NAN) reports that Justice Ekwo had, on Jan. 25, 2023, struck out the suits for lack of diligent prosecution.
After the suits were struck out, Saraki file an application to relist the cases.

The motion on notice seeking an order of re-listing the suits was dated Feb. 1, 2023 and filed Feb. 3, 2023 by Sunday Onubi from Afe Babalola & Co Law Firm.

NAN reports that Saraki, the applicant, had filed the suits marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019 at the FHC.
In the suits, the Attorney-General of the Federation (AGF), Inspector-General (I-G) of Police and State Security Service (SSS) are 1st to 3rd defendants.

Others are EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and CCB as 4th to 6th respondents respectively.
The ex-senate president had filed the suits following the EFCC’s decision in 2019 to probe Saraki’s earnings between 2003 and 2011 when he was governor of Kwara.

The anti-graft commission was reported to have seized some of his houses in the Ikoyi area of Lagos then.

However, Saraki, on May 10, 2019, filed the two separate suits before retired Justice Taiwo Taiwo to challenge the action of the EFCC.
Justice Taiwo, who was the presiding judge then, ruled on an ex-parte application filed along with the substantive suits.

The judge ordered the anti-corruption agency (4th respondent) and the other five respondents to the suits to stay action on the probe pending the hearing and determination of the motion on notice filed by the applicant.

The order was granted after Sunday Onubi, Saraki’s lawyer, moved the application, on May 14, 2019.

The court had directed the parties to maintain the status quo by suspending the probe.
But the EFCC later applied that the judge should recuse himself and the matter be transferred to another court.

Justice Taiwo sent back the case file to the chief judge and the matter was reassigned to Justice Anwuli Chikere for adjudication.

When the matter came up on July 14, 2021 before Justice Chikere, EFCC Counsel, Chile Okoronkwo, complained that Taiwo’s order had hindered the agency “from performing its duty for about two years now.”

The lawyer, who stated that Saraki continued to hinge on the order of the court any time he is invited, urged the court to vacate the order.
But the suits were reassigned to Justice Ekwo following the retirement of Chikere.(NAN)/ Flowerbudnews

January 24, 2024
How Oyo-Ita used her coys to launder funds while in service-EFCC witness

Abuja: Mr Hamma-Adama Bello, the Economic and Financial Crimes Commission (EFCC)’s witness, has told a Federal High Court (FHC), Abuja how Mrs Winifred Oyo-Ita, immediate-past Head of Service (HoS), used her companies to launder government’s funds while in service.

Bello, a Chief Superintendent of EFCC and Head, Special Investigation Team (SIT), told Justice James Omotosho on Tuesday in Abuja when testifying as 8th prosecution witness (PW8).

The PW8, while being led in evidence by the EFCC’s lawyer, Farouk Abdullah, said his team received an intelligence from the office of the anti-graft agency’s chairman sometimes in 2019.

“The intelligence bordered on the activities of the 1st defendant (Oyo-Ita), her minister then in the Ministry of Special Duty and Inter-Governmental Affairs where she was serving.

“The 1st defendant was the permanent secretary then, and other staff that include Mr Ubong, the 7th defendant.
“The team developed intelligence and started the investigation.

“In the course of the investigation, we called for documents.
“The nature of the intelligence was such that the 1st and 7th defendants and a host of others were using their office to get contracts for companies they incorporated or have interest in,” he said.
The witness said the team invited Oyo-Ita and her Special Assistant, Ubong Effiok, having received an analysed documents relating to the intelligence.
“The team had an interaction with them and in the cause of the interaction, Mr Garba Umar, who is also the 4th defendant became a person of interest for the investigation and he was invited. We also had an interaction with him,” he said.
According to him, it was discovered that the 1st defendant was the beneficial owner of two companies; Frontline Ace Global Services Limited and Asanaya Projects Ltd.
“We also discovered that the 1st defendant also has interest in Asanaya Farms Ltd,” he added.
Bello told the court that investigation revealed that Oyo-Ita maintained two accounts in Zenith Bank Plc for Frontline Ace Global Services Limited.
Besides, he said it was discovered that the ex-HoS had severally sat as chairman, CEO of Frontline Ace Global Services ltd where she issued both resolutions to open the said accounts.
“Having analysed these two board resolutions issued by 1st defendant, the team realised that the 1st defendant is the beneficial owner of the accounts.
“We carried out a careful analysis of the account she was closing and came to a conclusion that about N124 million has passed through this account.
“We realised that there were payments in 2010 from Federal Ministry of Power into the account and other agencies like Power Holding Company of Nigeria (when it was a government’s agency).

“These payments were from government coffers while she was serving as a deputy director in the same ministry,” he told the court.
Justice Omotosho adjourned the matter until Jan. 26 for continuation of trial.
The News Agency of Nigeria, (NAN) reports that Oyo-Ita and her co-defendants were, on Jan. 18, 2023, arraigned by the anti-graft agency on an 18-count charge of N3 billion graft.
She was arraigned alongside her Special Assistant, Effiok; Frontline Ace Global Services Limited; Asanaya Projects Ltd; Garba Umar and his companies, Slopes International Ltd and Gooddeal Investments Ltd.
Other defendants include U & U Global Services Ltd, belonging to Mr Effiok, and Prince Mega Logistics Ltd.
They were all arraigned for alleged fraud in relation to duty tour allowance (DTA), estacodes, conference fees and receiving kickbacks on contracts.
The defendants all pleaded not guilty to the charge.
NAN reports that Oyo-Ita and her co-defendants were earlier being tried before Justice Taiwo Taiwo of a sister court before he retired in July 2022.

They were arranged before Justice Taiwo on March 23, 2020 on same count charge.(NAN)(www.nannews.ng)/ Flowerbudnews

January 23, 2024
Court voids Rivers N800bn 2024 Budget passed by 5 members

Abuja: A Federal High Court, Abuja, on Monday, set aside the Rivers’ N800 billion 2024 budget passed by five members of the house led by its factional Speaker, Edison Ehie, and signed into law by Gov. Siminalayi Fubara on Dec. 14, 2023.

Justice James Omotosho, in a judgment, held that the presentation of the appropriation bill by Gov. Fubara on Dec. 13, 2023, its passage by the lawmakers and subsequent signing into law by the governor amounted to a nullity following a subsisting interim order of the court.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had, on Nov. 30, 2023, made an interim order restraining Fubara and other defendants from preventing the assembly, under the leadership of Martin Amaewhule, from carrying out its statutory functions and businesses.

The judge, among others, also restrained Fubara from removing the assembly’s clerk or its deputy and withholding funds meant for the legislative house, pending the determination of the substantive suit.

Justice Omotosho extended the interim order on Dec. 7, 2023 when parties returned to court.
NAN reports that the Rivers House of Assembly and Amaewhule were 1st and 2nd plaintiffs in the ex-parte motion marked: FHC/ABJ/CS/1613/2023 dated and filed Nov. 29, 2023.

However, while the order was still pending, a budget presentation was done by the governor before the five-member house on Dec. 13, 2023 inside the Rivers Government House and signed into law on Dec. 14, 2023.

Besides, the budget presentation also coincided with the demolition of the assembly complex by the state government, preventing Amaewhule-led faction from sitting and allegedly withholding funds meant for the legislative house.

Meanwhile, in the amended originating summons dated Dec. 7, 2023 but filed Dec. 11, 2023 by their team of lawyers including Ken Njemanze, SAN, Ferdinand Orbih, SAN, among others, the plaintiffs sought an order directing all parties to maintain status quo as at Nov. 29, 2023.

They sought an order of injunction restraining Fubara and other defendants from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker, among others.

Delivering judgment, Justice Omotosho held that since the reliefs sought by the plaintiffs were unchallenged by the defendants, particularly Fubara (11th defendants), having withdrew all his processes filed in the suit, the application by the plaintiffs seeking the restoration of the status quo as at Nov. 29, 2023, succeeded.

The judge, therefore, described the passage of the bill by the lawmakers and its signing into law by Fubara as “a wilful breach of the court order.”

He said “the order of court is valid until it is set aside.”
According to him, the deliberation on appropriation bill presided over by the 17th defendant (Edison Ehie) amounts to a void act in the eye of the law.

He described the act as strange and contemptuous with serious consequence.
The judge said the court was bemused that a bill such as appropriation bill would be presented before unconstituted members.

Justice Omotosho held that the fact that Fubara, who was 11th defendant, did not file any counter affidavit, having withdrew all his processes, made the suit to be meritorious.

He said having withdrawn his counter affidavit and other processes in this case, it is deemed that the governor has admitted the facts in the amended originating motion since it was not challenged.

“Therefore, no appropriation bill of Rivers State House of Assembly has been presented neither has any of such bill passed into law.

“An order of injunction is hereby made restoring the status quo as at Nov. 29, 2023 when the suit was filed, including the presentation of the budget and the passage of the budget into law,” he declared.

He also made an order restraining Fubara from making any budget presentation before any other person except Amaewhule.

Justice Omotosho held that the governor had no power to stop the salaries, including the emoluments of the speaker, his deputy and other members of the house, including their staff from the Consolidated Revenue Fund of the state as an organ of government.

“The 11th defendant has no power to tamper with the funds of the plaintiffs.

“No governor has power to withhold funds meant for other arms of government as such act is tantamount to tyranny,” he said.

He said the court, as a custodian of constitution, would resist any attempt to jeopardise the democratic norm.

The judge issued an order restraining Fubara from frustrating House of Assembly under Amaewhule from sitting or interfering in its affairs.

He described as unlawful Fubara’s redeployment of the clerk and deputy clerk out of the assembly, stating that such decision amounted to an affront on the democratic principle of separation of power.

The judge, therefore, restrained the governor or any members of the state executive arm from appointing or reposting any person as a clerk or deputy clerk of the assembly in contravention with the 1999 Constitution and laws governing the Rivers State House of Assembly Service Commission.

He further made an order restraining the National Assembly (NASS) from taking over the state’s assembly or accepting or treating any request from Fubara to any effect.

Justice Omotosho, who directed Fubara to promptly release all monies standing to the credit of the House of Assembly, ordered the Inspector-General (I-G) of Police and his agents to immediately give adequate security to the assembly and the speaker as required.
He declared that Ehie, who had sought to be joined as an interested party in the suit, lacked capacity to file the application, having withdrawn as a speaker and member of the assembly.
Justice Omotosho held that the decision of the court was based on the earlier order made on Nov. 30, 2023 and the facts that Fubara, who was 11th defendant in the case, withdrew his processes in opposition to the plaintiffs’ originating motion.
NAN reports that in the suit, the plaintiffs sued the NASS, Senate President, Deputy Senate President, Senate Majority Leader, Senate Minority Leader as 1st to 5th defendants respectively.
Also joined in the suit include House of Representatives Speaker, House Deputy Speaker, House Majority Leader, House Minority Leader, Clerk to NASS as 6th to 10th defendants.
They also sued Governor of Rivers, Attorney-General of Rivers, Commissioner of Finance, Accountant-General of Rivers, Rivers State Civil Service Commission, Inspector-General (I-G) of Police and Rt. Honourable Edison Ehie, who is also listed as Rivers Assembly’s Speaker in the suit, as 11th to 17th defendants respectively.(NAN)(www.namnews.ng) /Flowerbudnews

January 22, 2024
Court remands Polaris Bank’s staff in prison over alleged N16.6bn fraud

Abuja: A Federal High Court (FHC), Abuja, on Friday, ordered Mr Chinenye Duru, a Polaris Bank staff and account officer to Mr Victor Onukogu, to be remanded in a correctional facility over alleged N16.6 billion fraud.

Justice Inyang Ekwo gave the order after Duru was arraigned by the office of the Inspector-General (I-G) of Police and pleaded not guilty to the 11-count charge preferred against him.

The News Agency of Nigeria (NAN) reports that while the I-G is the complainant in the charge marked: FHC/ABJ/CR/603/2023, Polaris Bank Plc and Duru are 1st and 2nd defendants.

Upon resumed hearing, I-G’s counsel, Abdulrasheed Sidi, informed the court that the matter was fixed for arraignment.

But Duru’s lawyer Chukwuemeka Kalu, said though they were ready for the plea, the prosecution was in contempt of the FHC’s order and cannot be heard.

“When I finish with the plea, you can say what you want to say,” Justice Ekwo declared.
Adedapo Adejumo, who appeared for Polaris Bank, said a plea of not guilty should be entered for his client.

After the 11 counts were read to Duru and he pleaded not guilty, Sidi applied for a date for trial.

But Kalu said on the taking of plea, a fundamental issues on the conduct of the prosecution had been raised.

The lawyer said though he was not objecting to a date for trial, he said during Duru’s detention, they approached the court for the enforcement of his right.

“The matter was before your learner brother, Hon. Justice D.U. Okorowo, who ordered for the interim release of the 2nd defendant on bail.
“The conditions for the bail were fulfilled on this same matter between the parties.

“It was based on whether the prosecution will continue with investigation or prosecution of the 2nd defendant while the EFCC is doing the same,” he said.

Kalu said despite serving the court order on the I-G, they refused to comply with the directive, “upon which we commenced a contempt proceeding against him before this court.”
He said Forms 48 and 49 had been served on the I-G.

“We believe the Inspector-General of Police cannot take this court for granted on this same matter by bringing the 2nd defendant before the court,” he added.

The judge told Kalu that what was before him currently was a charge against Duru which plea had been taken.

He said if the lawyer had any objection to the trial proceedings or any other matter relating to the charge, he should look at the provisions of the Administration of Criminal Justice Act (ACJA) and comply with it and the court would look at his application and make a decision.

“I cannot preside over the proceedings even though it is the same court, it is presided over by a different judge.

“If you have any issue, you will spend time looking at how to approach it as prescribed by the law.

“Plea has been taken, I have to take two decisions, one is on the remand of the 2nd defendant and the other is the date for trial,” the judge said.

But Kalu said he had the order for his release before the court and that under Section 158 of the ACJA, the court had the power to admit the Duru to bail.
“Where is your application for bail?” Justice Ekwo asked.
The lawyer responded that they were standing on the already existing order by Justice Okorowo.

“Did you file it?,” the judge asked.
“We did not but the order is already before the court,” he responded.

Justice Ekwo then said that he would make two orders; one for the trial and the other for Duru’s remand, but if Kalu files the bail application, a date would be given to hear it.
“How many witnesses are you calling?” he asked the police lawyer and Sidi said five witnesses.

The judge, who adjourned the matter until April 23, April 24 and April 25 for trial, ordered Duru to be remanded in a correctional centre pending further orders of the court.

NAN reports that in count one, Polaris Bank and Duru were alleged to have between Nov. 17, 2017, and Aug 14, 2023, fraudulently withdrew from Onukogu Victor Hezekiah’s account numbers: 1040495455 and 1060104735, domiciled with the bank the sum of N16 billion and N500 million.

It said that knowing that the said money did not belong to them, “and knowing the same act was wrong with the intention of converting same to your personal use and thereby committed an offence contrary to Section 21 (a) and punishable under Section 18 (3) of the Money Laundering (Prevention and Prohibition Act, 2022.

In count four, the defendants were alleged to have between Nov. 17, 2017 and Aug. 14, 2023, fraudulently withdrew the sum of N75. 534 million from Onukogu’s account number: 4010023601 contrary to Section 18 (2) of the Money Laundering (Prevention and Prohibition Act, 2022.

In count six, they were alleged to have fraudulently withdrew the sum of N13.3 million from Hezekiah University’s account number: 40910106770.

The defendants were also alleged to have fraudulently withdrew the sum of N16.3 million between the same date from Hezekiah University’s account number: 411054152 without any authorisation from the account owner with the intention of converting same to their own personal use contrary to the Money Laundering Act, among other counts.

NAN reports that Onukogu, also known as Daddy Hezekiah, is the spiritual head of Living Christ Mission Church, Onitsha in Anambra.(NAN)(www.nannews.ng)/ Flowerbudnews

January 19, 2024
Lawyer threatens to proceed with contempt proceedings against new ICPC chair

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Abuja; A legal practitioner, Mr Eric Ifere, has threatened to proceed with pending committal proceedings to prison against Dr Musa Aliyu (SAN), the newly appointed Chairman of, the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Ifere, counsel for Nkrah Marine Limited and its CEO gave the warning in a letter addressed to Dr Aliyu and the copies made available to newsmen on Friday in Abuja.

In the letter dated Jan. 17, 2024, and stamped received by the commission the same day, the lawyer said that until the ICPC’s chairman obeys the court orders by removing the restrictions placed on his client’s bank accounts and paying damages of N5,000,000 ordered by the court, the committal for contempt of court proceedings would be moved on the fixed date of hearing.

The letter reads: “We are mindful that you have recently resumed office and may not be aware of the pending committal proceedings to prison against you as the Chairman and Chief Executive Officer of ICPC, the first judgment debtor, for having refused to obey the orders of the court made against it.

“On the 18th day of January 2022, the Federal High Court, Abuja, made an order directing you to remove the restrictions placed on the judgment creditors’ bank accounts numbers: 2657858013, 4573142058 and 4573142027 domiciled with First City Monument Bank (FCMB) and account number: 1000576777 domiciled with Zenith Bank Plc and pays the judgment creditors N5 million in damages.

“On 4th July 2022, the same Federal High Court delivered a ruling refusing the 1st judgment debtor’s request for a stay of execution of its judgment.

“Further, it directed you to remove the judgment creditors’ account restrictions immediately.

“Regrettably, you have neglected and refused to obey the honourable court’s judgment and orders to date.

“Consequently, the judgment creditors have commenced contempt proceedings against you, and the hearing date is fixed for the 8th of February, 2024 at court number 12, Federal High Court, Abuja, while maintaining that restricting their bank accounts undermines the judgment of the Federal High Court and violates their fundamental rights.”

Ifere urged Aliyu to review the decision by lifting the restrictions and paying the damages before the hearing date for the contempt proceedings.

While the ICPC chairman is listed as judgment debtor/contemnor in the motion on notice for committal proceedings, FCMB and Zenith Bank are listed as 2nd and 3rd respondents respectively.

The motion, marked: FHC/ABJ/CS/1347/2021 dated Nov. 1, 2023, and filed on Nov. 2, 2023, before Hon Justice Mobolaji Olajuwon of an FHC, Abuja, has been fixed for Feb 8 for hearing. (Flowerbudnews)

January 19, 2024