Category: Judiciary

Abuja:  The Code of Conduct Tribunal (CCT) sitting in Abuja, on Wednesday, fixed Jan. 12 for ruling on a motion filed by Muhuyi Magaji, Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC).

The motion challenged the competence of the Code of Conduct Bureau (CCB) to prosecute him in the charge marked: CCT/KN/01/2023.

The three-member panel, headed by Justice Danladi Umar, adjourned the matter after Magaji’s counsel, Adeola Adedipe, SAN, and lawyer to the CCB, Musa Usman, presented their arguments and adopted their applications.

In the motion on notice, Adedipe sought an order prohibiting the complainant from prosecuting the instant charge or any other charge against the defendant, whether by way of arraignment or seeking any form of indulgence before the tribunal or any other court in Nigeria.

The lawyer argued that except and unless there was compliance with the orders made by Justice Farouk Lawan Adamu of the High Court of Kano State on Aug. 28, 2023, in suit marked: K/M1128/2023, between Attorney-General (A-G) Kano State and two others vs. Economic and Financial Crime Commission (EFCC) and two others.

According to him, the said orders remain extant and valid for all intents and purposes, having not been set aside by any court.

He also sought an order setting aside the leave granted to prefer the charge; and discharging Magaji of all offences contained therein.
He said the charge, having been unlawfully preferred by the complainant in disregard of the orders made by Justice Adamu.

The News Agency of Nigeria (NAN) reports that the CCB had, on Nov. 16, 2023, arraigned Magaji on a 10-count charge bordering on alleged conflict of interest, false declaration of assets, among others.

He, however, pleaded not guilty to all the counts and was admitted to bail in the sum of N5 million with two sureties who must be residing within the jurisdiction of the tribunal and must deposed to affidavit of means, verified by the chief registrar of the court.

The tribunal adjourned until today (Jan. 10) to hear Magaji’s motion.
Upon resumed hearing on Wednesday, Adedipe informed the panel of his motion on notice dated Nov. 14, 2023 and filed Nov. 16, 2023 against the charge number: CCT/KN/01/2023.
He said the process was served on the prosecution the same date it was filed and the the complainant filed a counter affidavit on Dec 28, 2023.

The senior lawyer said a better and further affidavit was filed yesterday in response to the counter affidavit.

While moving the motion, Adeola called the attention of the tribunal to the two prayers, which were predicated on six grounds.
He said in the Kano matter, CCB was the 2nd defendant and a party, directed parties to maintain status.

He said in further giving life to their prayers, the court granted an interim injunction, “restraining the defendants from interfering in the affairs or taking any step related to or in connection with the functions, duties and affairs of the defendant, who in that case, was the 3rd plaintiff in Exhibit B.”

Adedipe said the prosecution undermined the order.
According to him, the complainant made effort to harass the defendant (Magaji), kept inviting him, interrupting in his affairs until they charged him to court.

“That means status quo antebellum was not complied with and the matter is still in court.
“We want the court to know that we are not in a lawless society and the court is the last hope of the common man,” he said.

He stressed that they had been able to establish that CCB was in violation of the court order which had not been set aside.

He also argued that preferring the charge against Magaji in the face of Exhibit B presented before the tribunal was a recourse to self help.
The lawyer prayed the panel to strike out all the processes filed by the CCB today, including the oral submission, for non-compliance with the mandatory provision of Paragraph 13(2) of the CCT Practice Direction 2017 which gave three days for a party to respond to any process served on them.

Adedipe stated that the prosecution was served with their motion for more than 30 days before they responded.
“They were served since Nov. 16, 2023, and filed Dec 28, 2023 more than 30 days without the leave of court and leave of my lord.
“They did not obey an order and they are not obeying the rules of the court. Which order will they obey? They are above everybody,” he said.
He urged the tribunal to grant their prayers.
Usman disagreed with Adedipe, saying a counter affidavit had been filed.

The prosecution lawyer said that their counter affidavit was “filed on Dec. 28, 2023 in opposition to the motion on notice seeking this honourable tribunal to prohibit the complainant from proceeding with this charge.”
He urged the tribunal to discountenance the defence argument.

He said the order of Kano State relied on by the defendant did not mention the word “prosecution,” hence, it did not stop the complainant from instituting the instant case.
He said the order was clearly preventing the CCB from meddling into the affairs of the defendant, and not on investigation matter.
“The Kano State High Court was aware of the decision of Court of Appeal in a case of Ewuno Bassey Vs EFCC and others where the court states that it is no longer in doubt that agencies given powers to investigate cannot be prevented or arms twisted from performing their duties,” he said.

Usman said on this basis, the submission and the application of the defendant lacked merit and must be treated as such.
Justice Umar, who adjourned the matter until Jan. 12 for ruling, said the decision would determine whether the trial would proceed or not.(NAN)(www.nannews.ng) /Flowerbudnews

Abuja: A Federal High Court, Abuja, on Monday, reserved judgment in a suit filed by the Rivers House of Assembly’s Speaker, Martin Amaewhule, against Gov. Siminalayi Fubara, National Assembly (NASS) and others until Jan. 22.

Justice James Omotosho adjourned the matter for judgment after counsel for the parties presented their arguments for and against the case.

The News Agency of Nigeria (NAN) reports that the Rivers House of Assembly and Amaewhule are 1st and 2nd plaintiffs in the suit marked: FHC/ABJ/CS/1613/2023.

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 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.
The plaintiffs sought an order of injunction restran‘ng the 1st to 10th defendants (NASS) from entertaining any request from the 11th defendant (Fubara) to take over the performance of the functions of Rivers Assembly, including its role to make laws for the peace, order and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
AN ORDER OF MANDATORY INJUNCTION compelling the Inspector General of Police (whether by himself or by officers and men of the Nigeria Police Force under his command) to provide and continue to provide adequate Security and protection for the 1* Plaintiff under the leadership of the 2” Plaintiff as the Speaker of the Rivers State House of Assembly for the purpose of transacting the business of the 1% Plaintiff.

They sought an order of injunction restraining Gov. Fubara from impeding or frustrating the assembly under Amaewhule’s leadership as its speaker.
They equally sought an order restraining Fubara including the 12th, 13th and 14th defendants from withholding any amount standing to the credit of Rivers Assembly in the state’s Consolidated Revenue Fund, including salaries and emoluments due and payable to the speaker, deputy speaker and other members of the house as well as to the clerk, deputy clerk and other members of staff of the assembly.
Alternatively, they sought an order of injunction restraining them from denying the assembly of the due funds for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described, among other 11 reliefs.
Upon resumed hearing on Monday, Justice Omotosho granted the application for joinder filed by Ehie.
Ehie, who also listed himself as speaker of Rivers Assembly, was joined in the suit as 17 defendants and the court made an order deeming all processes filed by him as being properly filed.
Plaintiffs’ lawyer, Njemanze informed the court that contrary to the insinuation, he did not file any motion of discontinuance of the case.
“We are ready to proceed on the substantive matter but we have a motion pending. It is a motion filed on 15 day of December, 2023. We are asking for the restoration of status quo as at November 29, 2023,” he said.
The senior lawyer said that pursuant to the order of the court made on Dec. 11, 2023, the plaintiffs amended the originating summons in the suit in which they sought 11 reliefs and raised six questions for determination.
He said the 26-paragraph affidavit was deposed to by Amaewhule, the 2nd plaintiff.
He also said that on Dec. 15, 2023, a motion on notice was filed, seeking an order to restrain Fubara, A-G, finance commissioner, and the accountant-general from continuing the demolition and destruction of the house of assembly complex in Port Harcourt.
“We are saying that they want to deter us from performing our constitutional duties despite the order my lord made ex-parte,” he said.
He said they ignored the order even after it was extended.
“In this situation, you have the power to discipline all the parties,” he said.
Justice Omotosho then said he read online that the issue had been settled.
But Njemanze responded this: “As at the time we came, the House of Assembly was performing its work, but now, they are being interfered with.”
The lawyer, who informed the court that only about four members passed the state’s budget, urged the court to grant their prayers
On his part, counsel for the 1st to 10th defendants (NASS), Dr Joshua Musa, SAN, said he filed a counter affidavit on Dec 14, 2023.
According to him, the counter affidavit is a counter by nomenclature because our position is that the circumstances for the invitation of National Assembly to take over the assembly has not arisen.
“We are not opposing the originating summons having regards to the documents presented.
“An invitation to take over at this stage is an invitation for constitutional mischief, which we will not support,” he said.
K. A. Imafidon, who appeared for Gov. Fubara, told the court that his client instructed them to withdraw all that they filed in the suit
“We have a motion on notice seeking to dismiss the plaintiffs’ suit dated on 11 and filed 12 Dec. 2023. We also filed a motion on notice dated and filed on Dec. 11 to set aside the interim.orders made in this suit on the Nov 30.
“We have a counter affidavit in opposition to the plaintiffs’ motion on notice for interlocutory injunction dated Dec 12 and filed same day, etc
“We sought to withdraw them and urge the court to grant our prayer,” he said.
M. O. Ojo, who appeared appeared for Ehie (17th defendant), however prayed the court to stand down the matter on the grounds that the information he had was that the parties had settled their differences.
He pleaded with the court to grant his request to allow his senior take over the matter.
The judge, however, cautioned counsel against drawing conclusion based on what is read or seeing on social media.
“it is the fact before the court that the court will place its decision on. It is the way parties conduct thier matter that will determine the position of the court.
“This is a court of record. It is this record that will be transmitted to Appear Court and Supreme Court. I.must based my decision on what you are doing here,” he warned.
Omotosho, who said he had gone through the court file and I had not seen any notice of discontinuance of the case, however granted Ojo’s plea.
Upon resumed hearing, Oluwole Aladedoye, SAN:, who now announced appearance for Ehie, said he did not come earlier because of the information that the matter was to be withdrawn since President Bola Tinubu had intervened.
“I owe my lord that duty to inform my lord that the understanding they have is that the 2nd plaintiff, in particular, is to withdraw the action,” he said.
Aladedoye notified that the 2nd plaintiff even attended the meeting convened by the president where the decision was taken.
The judge then asked if there was a term of settlement before the court.
“If that was the position, why did you move the motion for joinder,” he said.
Moving his motion, Aladedoye said a notice of preliminary objection challenging the jurisdiction of the court was filed on Dec 18, 2023.
According to him, the preliminary objection prays for an order striking out the suit for want of jurusidction.
Besides, he said a counter affidavit was also filed We also filed on Dec 18 in response to the amended originating summons with one exhibit.
The lawyer urged the court to dismiss the suit.
“I have a question for plaintiff. Do you think we can stil continue with this matter in view of the submission of counsel for the 17th defendant that the president had settled the issue?” Justice Omotosho asked Njemanze.
Responding, Njemanze said he was aware that President Tinubu invited all the parties, excluding the NASS and its members (1st to 10th defendants), to a meeting.
“And at that meeting, it was agreed that the 11th defendant (Fubara) and his supporters shall withdraw all pending suits.
“Secondly, it was also agreed that the plaintiffs shall withdraw the notice of impeachment against the governor.
“The notice of impeachment has been withdrawn and the assembly is sitting fully but the governor has failed to withdraw the suit he, as governor, filed at Rivers State High Court.
“What we are supposed to do under the agreement, we have done. If tomorrow, I am instructed to withdraw, I will do so. We are for peace,” he responded.
Then the judge asked Aladedoye: “Who is the 17th defendant and on what capacity did you file this suit?”
The senior lawyer responded thus: “As at the time your lordship adjourned on 7th day of Dec., 2023, and up until Mr President convened the meeting, the 17th defendant was the speaker of Rivers Assembly.
“It was after the intervention of the president and the stakeholders in Rivers that it was resolved that the parties should restore status ante bellum.
“And it was in line with that that the 17tj defendant resigned, even as member of the house of assembly on the strength of the understanding they had.
“That resignation was based on the agreement parties had and he ceased to be the speaker on the basis of the understanding they had with President of Nigeria.”

The judge, who was unhappy with the development, said: “The motion for joinder was moved on 8th of January, 2024 as speaker, even when he (Ehie) has ceased to be.”
He described the act as move to mislead the court.

Aladedoye, however, clarified that when Ojo appeared before the court on the last adjourned date, he did inform that the parties had settled the matter.(NAN)(www.nannews.ng) /Flowerbudnews

The national body of the Motorcycle Operators Union of Nigeria (MOUN), an affiliate body of the Nigeria Labour Congress, has rejected the move by Delta government to establish another union in the state.

The Delta government had given approval to the Commercial Motorcycle and Tricycle Operators Association (COMTOA) to coordinate and supervise the activities of motorcycle and tricycle operators in the state henceforth.

The Secretary to the State Government (SSG), Dr Kingsley Emu, who nade this known on Saturday in a statement, said that COMTOA would commence the management and collection of levies from motorcycle and tricycle riders beginning from Jan. 8.

Reacting on Sunday in a statement, MOUN President, Comrade Julius Bobi, called on security authorities in the state and federal level to call Delta government to order to avoid anarchy.

“The law is at our bosom and we shouldn’t allow the secretary to the Delta State government to breach it,” he said

He said whatever action his members takes, “we shall be protected by Section 24 of the Trade Unions Act.

“So we’re soliciting that he should be called to order before there’s breakdown of law and order and its attendance consequences,” he said.

Bobi maintained that the issue had long been judiciously settled in MOUN’s favour before Justice C.E. Achilefu of the High Court of Justice at Udu Judicial Division, Delta.

MOUN president, who condemned the latest move, described it as “an impunity and illegality taken too far by the Delta State government.

“We’re commencing our operations on Monday to counter them.”

Bobi also cited a recent judgement where Justice Nelson Ogbuanya of the National Industrial Court (NIC), Port-Harcourt Division, held that the Corporate Affairs Commission by extant laws, lacked the power to register organisations under incorporated trustees, which had aims and objectives of a trade union.

He wondered where the Delta government derived its power to create a rival motorcycle union in the state. (Flowerbudnews)

Abuja:  The Accountant-General (A-G) of Oyo State, Mrs K. O. Adegoke, has faulted claim by Gov. Seyi Makinde that the state lacked capacity to pay the N3.4 billion debt owed to former Local Government Areas (LGAs) chairmen and councilors sacked on assuming office on May 29, 2019.

Adegoke’s position is contained in a fresh document filed by one of the state’s bankers before a High Court of the Federal Capital Territory (FCT) in a garnishee proceeding initiated by the ex-council chiefs.

The News Agency of Nigeria (NAN) reports that the garnishee proceeding was initiated against Makinde, Oyo State and others, following the Dec. 8, 2023 judgment of the Abuja Court of Appeal, ordering the governor to pay the debt, which now stood at N3,425,300,000.

In the court document, the Oyo A-G revealed that there were sufficient funds in the state’s account with First Bank of Nigeria Limited and that the bank had been directed to set aside the N3,425,300,000 for the settlement of the outstanding judgment debt.

NAN reports that the Supreme Court had, in a judgement on May 7, 2021, declared Makinde’s sack of the council officials, before the end of their three-year tenure, as unlawful.

The apex court also ordered him to pay them the salaries and allowances they ought have earned for the tenure, which the Oyo State government later estimated at N4,874,889,425.60.

The governor authorised the payment of N1.5 billion in 2022, leaving an outstanding sum of N3,374,889,425.60 (about N3.4 billion).

Makinde later applied to the High Court of the FCT, via a motion filed on April 3, 2023, praying to be allowed to pay the outstanding debt in instalment of N300 million every six months, a request Justice Anote Ebong rejected.

He had, in the motion, claimed among others, that Oyo State had no resources to pay the judgment debt and that the state would be unable to meet its obligations should the debt be paid in a manner deferent from what he proposed.

Justice Ebong,vin a ruling on April 27, 2023, ordered one of the state’s bankers, First Bank of Nigeria, to immediately pay the ex-council chiefs N1,374,889,425.60 and directed Makinde to pay the remaining balance of N2 billion in instalment of N500 million every six months, with the first instalment payable on July 31, 2023.

But Makinde appealed Justice Ebong’s decision at the Court of Appeal, Abuja and repeated his claim that his state was broke and would be unable to meet its obligations should it comply with the order by the FCT High Court.

In a judgement on Dec. 8, 2023, a three-member panel of the Court of Appeal dismissed Makinde’s appeal; ordered him to comply with Justice Ebong’s order and awarded N50 million cost against him.

Armed with the Dec. 8 judgment of the Court of Appeal, the ex-council chiefs led by Bashorun Mojeed Ajuwon, went back to Justice Ebong’s court for an order attaching Oyo State government’s accounts in 10 banks in a fresh garnishee proceeding.

It is in response to the court’s order for the banks to show cause why the garnishee order nisi should not be made absolute against them that one of the banks tendered the letter by the Oyo State A-G.

In the letter, Mrs Adegoke said: “We wish to inform you that First Bank of Nigeria Ltd has already set aside the sum of N3,425,300,000.00 on Oyo State Joint Local Government Allocation Account,” in respect of the garnishee order by Justice Ebong.

First Bank, in its response to the garnishee order, confirmed that it had sufficient funds in Oyo State’s account to cover the judgment debt.

It added that “Oyo State has an account with the bank with funds sufficient to cover the judgment sum of N2,050,300,000.00.”

At the resumed hearing in the garnishee proceedings on Jan. 5, Makinde’s lawyer, Alfred Akinjo-Nelson, told the court that his client was unhappy with the Court of Appeal decision and has appealed to the Supreme Court.

When asked by Justice Ebong what his client’s grievance was with the judgment debt, Akinjo-Nelson said Makinde and the other judgment debtors were not contesting the judgment debt, but were uncomfortable with the mode of payment ordered by the judge.

The lawyer also faulted the suggestion by Solomon Umoh, SAN, a lawyer to Access Bank Plc, one of Oyo State ‘s bankers, that other banks affected by the garnishee order nisi should be excused in view of the revelation that sufficient funds had been reserved with First Bank to defray the judgment debt.

Although lawyer to the judgment creditors (the ex-council chiefs), Musibau Adetunbi, SAN, agreed that the other nine garnishee banks be excused, except First Bank, Akinjo-Nelson disagreed with the submission.

Akinjo-Nelson, therefore, sought time to respond to some applications filed by the judgment creditors, including one in which they are seeking to play a recording of an alleged media chat by Makinde, where he was said to have commented on decisions by the various courts on the case.

Justice Ebong adjourned the matter until Jan. 18 for hearing in the pending applications and possibly continuation of the garnishee proceedings.(NAN)(www.nannews.ng) /Flowerbudnews