Category: Judiciary

Alleged asset declaration violation: Court strikes out suit seeking Peter Obi’s investigation, prosecution

Abuja: A Federal High Court, Abuja, on Tuesday, struck out a suit praying the court to compel the Code of Conduct Bureau (CCB) to investigate and prosecute Mr Peter Obi over allegations bordering on asset declaration breach.
Justice Inyang Ekwo, in a short ruling, threw out the suit for lack of diligent prosecution.

The News Agency of Nigeria (NAN) reports that Mr Olukoya Ogungbeje, who claimed to be a human rights activist and a lawyer, had, in a suit marked: FHC/ABJ/CS/44/23, sued CCB as sole respondent.

In the motion on notice dated July 3 but filed on Nov. 6 by the applicant himself, he sought an order of mandamus compelling the CCB to, forthwith, exercise its constitutional and statutory duty, function and obligation to invite, investigate complaints; refer and prosecute Mr Obi before the Code of Conduct Tribunal (CCT) on the allegations and complaints of breaches of the constitutional provisions on assets declaration.

Ogungbeje alleged that Obi, the Labour Party (LP)’s presidential candidate in the Feb. 25 presidential election, failed to declare his offshore holdings and their associated assets.
Besides, he alleged that the LP candidate operated foreign account while being a public officer and continuation on being a director of Next International (UK) Limited for 14 months after becoming the governor of Anambra.

He said this was contrary to provisions of the Code of Conduct Bureau and Tribunal Act and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

He also sought a declaration that the failure and or refusal of CCB to act based on his application dated March 23 amounted to “crass dereliction of public duty, gross abdication of statutory responsibility and brazen infraction of constitutional obligations and functions imposed on the respondent by law.”

NAN reports that Justice Ekwo had, on Nov 1, granted Ogungbeje’s motion ex-parte moved by Odafe Ojisua, for leave to apply for an order of mandamus compelling the CCB to invite, investigate and prosecute Obi before the CCT.

The judge, who directed Ogungbeje to file his application withi 7 days, ordered him to serve CCB at least 14 days before the next adjourned date.

But when the matter was called on Tuesday, neither the applicant nor his lawyer was in court, and Justice Ekwo consequently struck out the suit.(NAN)(www nannews.ng) / Flowerbudnews

December 19, 2023
We never threatened to remove Anyanwu as national secretary, PDP leaders tell court

Abuja: The leadership of the Peoples Democratic Party (PDP) has told a Federal High Court, Abuja that it had never, at any time, threatened to remove Sen. Samuel Anyanwu as its national secretary.

The party’s leaders told Justice Inyang Ekwo in a counter affidavit filed on their behalf by the law firm of Ganny Ajape & Co dated and filed Dec. 7.

The leaders, which include Umar Damagun, the PDP’s acting National Chairman; National Executive Committee (NEC) and the National Working Committee (NWC) of the party (2nd, 3rd and 4th defendants respectively), said this was contrary to the argument of the plaintiffs.

According to them, contrary to Paragraphs 21(d), (e) and (f) of the plaintiffs’ affidavit in support of originating summons, there was no threat by the 2nd, 3rd and 4th defendants to remove or declare the office of the National Secretary of the 1st defendant (PDP) vacant.

The News Agency of Nigeria (NAN) reports that the court had, on Nov. 23, stopped the PDP from removing Anyanwu as national secretary pending the hearing and determination of the substantive matter.

The order followed an ex-parte motion by Dr Joshua Musa, SAN, on behalf of two members of the party; Geoffrey Ihentuge and Apollo’s Godspower.

The plaintiffs had sued the PDP, Damagun (acting National Chairman), and the NEC as 1st to 3rd defendants.
Others are the NWC and the Independent National Electoral Commission (INEC) as 4th to 5th defendants, respectively.
The motion was brought pursuant to Order 26, Rules 2 and 6, and Order 28, Rules 1 and 2 of the FHC (Civil Procedure) Rules, 2019 and under the inherent jurisdiction of the court.
The plaintiffs, who sought five reliefs, prayed for an order of interim injunction, restraining the 1st, 2nd, 3rd, and 4th defendants from carrying out the threat to remove the national secretary (Anyanwu).

This, they said, was in violation of the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice.

They argued that Anyanwu was duly elected on December 10, 2021, and was entitled to remain in office till December 9, 2025.

They said that an elected national officer of the 1st defendant cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution.

But in the 1st, 2nd, 3rd and 4th defendants counter affidavit deposed to by Jeremiah Joel, a litigation secretary in the law firm, the party’s leadership averred that contrary to Paragraphs 22 and 23 of the plaintiffs’ affidavit, the NWC approved the deputy national secretary to act in place of the national secretary as provided for in Article 36(2) of the party’s constitution.

“That in the absence of the national secretary, there cannot be a vacuum and the constitution of the party provided for how such vacuum could be filled until the resumption of the national secretary,” they said.

They said contrary to their argument, Anyanwu applied for leave of absence to enable him concentrate on his election as a candidate into Imo governor’s office which took place on Nov. 11.
“It is not correct that 1st, 2nd, 3rd nd 4th defendants ever threatened the national secretary but instead granted him leave of absence to enable him concentrate on his election into the office of Governor of Imo State,” they submitted.

Upon resumed hearing on Tuesday, only INEC was not represented in court.

Plaintiffs’ counsel, Musa, confirmed to court that the commission was duly served on Dec 11, hence, he urged the court to hear their matter.
Mohammed Atolagbe, who appeared for 1st, 2nd, 3rd and 4th defendants, informed the court that they filed their responses to the plaintiffs processes.

He said they relied on the contents in their application and the exhibit attached, including the written address as their argument in the matter.

While adopting their application, Musa said the originating summons had a 24-paragraph affidavit and a written address which he adopted in urging the court to grant their prayers.

He said they also filed a reply affidavit to motion for interlocutory injunction.
After counsel’s adoption of their processes, Justice Ekwo reserved judgment in a date that would be communicated to parties.

NAN reports that Anyanwu was the PDP candidate in the Nov. 11 Imo governorship election, where Sen. Hope Uzodinma of the All Progressives Congress (APC) was re-elected.(NAN)(www.nannews.ng)(NAN)(www.nannews.ng) / Flowerbudnews

December 19, 2023
Court grants ex-terrorist negotiator Tukur Mamu access to personal physician

Abuja: A Federal High Court, Abuja, on Tuesday, granted Tukur Mamu’s plea to have access to his own personal physician over alleged deteriorating health condition.

Justice Inyang Ekwo, in a ruling, ordered that Mamu’s medical doctor should be allowed to treat him subject to the supervision of the Department of State Service (DSS)’s team of physicians.

Justice Ekwo, who agreed with the argument of Mamu’s counsel, Johnson Usman, SAN, asked the Federal Government’s lawyer, David Kaswe, if the defendant was entitled to his own personal physician and he responded in affirmative.

“Yes my lord , he is as long as it is within the supervision of our team (of physicians),” Kaswe, the Chief State Counsel from the Attorney-General of the Federation (AGF)’s office, said.

The News Agency of Nigeria (NAN) reports that Mamu, who is standing trial over his alleged relationship with terrorists that were involved in the March 28, 2022 attack on a Kaduna-bound train, was arrested on Sept. 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.

The DSS, on March 21, arraigned him on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts.

The judge, on April 27, declined to admit him to bail on the grounds of ill-health, after the DSS opposed the bail application.
But in a motion on notice marked: FHC/ABJ/CR/96/2023, Mamu, through his lawyer, Usman, sought an order of court to have access to his personal doctor.
When the matter was called, Usman informed the court of the motion dated and filed on Oct. 31.
Kaswe acknowledged the receipt of the application and said he filed a counter affidavit on Nov. 14 to oppose it.
He said the simple ground of their opposition was that the DSS had functional medical facility and team of medical doctors that could handle his case.
He said that the treatment being administered to Mamu was still in progress “and that the procedure suffices for a particular period.”
Besides, he urged the court not to grant the application looking at the circumstance of the charge against him.
“Have you read prayer two of the motion?,” the judge asked Kaswe and he said, “yes.”
NAN observes that Mamu’s second prayer in the motion sought an order directing the DSS to take him to “the hospital to perform surgical procedure as recommended by both Egyptian and Nigerian doctors.”
The judge then asked the lawyer if the defendant was entitled to his own personal physician and he responded in the positive.
“I am going to allow the defendant to have access to his own physicians and whatever they do will be in the supervision of the prosecution,” he said.

“We thank your lordship for this wisdom of this court,” Usman said.
Justice Ekwo, consequently, granted Mamu’s request.

“Therefore, I made an order that the medical physician shall be allowed to give him medical treatment subject to the supervision of the physician of the prosecution .

“This is the order of this court,” he said.
He adjourned the matter untill Feb. 26, Feb. 27 and Feb. 28, 2024 for continuation of trial.
Speaking shortly after the court sitting, Usman, who appeared for Mamu, said they sought two reliefs.

“We sought for two reliefs; either to grant him bail on health condition or direct the DSS to take him to a hospital to be treated by his own medical personnel.

“The court granted the second prayer, directed the DSS to allow him to be treated by his own medical doctors,” he said.

On how he felt with the outcome of the proceedings, he said: “It is a success by step in the sense that before now, there was no order directing the DSS to take him to hospital to be attended by his own personal doctors.

“But today, the court has directed that he should be allowed to be treated by medical doctors of his choice. That is a step forward.”
Also speaking, Kaswe said the court had given Mamu access to his own doctor.

“You are aware that the defendant is standing trial for terrorism-related charges especially because of the role he played in the negotiation of the Kaduna train attack that took place sometimes last year.

“So today, he came with another application for his bail and we have filed a counter and the court has heard us and considered and gave bench ruling on the application allowing his medical doctor to have access to the defendant under the supervision of the security agency’s medical team.

On why they opposed Mamu’s application, he said his ailment was not life-threatening.

“We opposed the application because the detention facility where the defendant is has all the cutting edge medical services that are being rendered to the defendant.

“And the particular ailment of the defendant is not life-threatening and there is a medical team that has consistently, continuously examined the defendant and formed the opinion that the procedure that is being administered to him now is okay to take care of his ailment,” he said.(NAN)(www.nannews.ng) /Flowerbudnews

December 19, 2023
Court to hear report of settlement in ex-workers’ suit against ABU Jan. 30

Abuja: The National Industrial Court, Abuja, on Monday, fixed Jan. 30, 2024, for further report of settlement in a suit filed by 110 former staff members of Ahmadu Bello University (ABU) against the institution.

Justice Rakiya Haastrup adjourned the matter after counsel for the claimants, Adegboyega Kolade, and defendants’ lawyer, Abubakar Is’haq, agreed to await the computation format of the two federal government agencies involved.
The News Agency of Nigeria (NAN) reports that while the 110 ex-staff members are the claimants, ABU is the sole defendant in the suit
Upon resumed hearing on Monday, Kolade informed the court that the claimants joined the defendant at a meeting as National Pension Commission (PENCOM) as instructed.
He craved the indulgence of the court for his colleague, Femi Adedeji, who was at the meeting, to brief the court on what transoired.
Adedeji notified the court that during the meeting, both parties were properly guided on the position of the law regarding the pension and gratuity of the judgment creditors (110 former workers).
He said the parties also had meeting with the Pension Transitional Arrangement Directorate (PTAD) on how their clients would be settled amicably.
The lawyer said he met with learner friend to the judgment debtor (ABU) on how to implement the information gotten from these government agencies.
“I equally hinted my learner friend on the need to submit to a third party like an arbitrator or referee because there may be information we may not be able to resolve for them to find a balance for the two of us,” he said.
Adedeji prayed the court for an order for the parties to submit themselves to arbitrators or a referees who were experts in the field in accordance with Order 29 of the rules of the court, or alternative dispute resolution (ADR) of the court.
Corroborating Adedeji’s submission, Kolade said by virtue of Section 31 (a), (b) and (c) of National Industrial Court Act, 2006 and order 29 of the rules of the court, the judge had the power to appoint a referee or an arbitrator in agreement with parties.

“This is a situation where we need pension consultant to come in,” he said, insisting that there were grey areas the employer (ABU) was yet to comply with on contributory pension scheme since 2007 in accordance with pension act.
Kolade, who alleged that the ABU had not given them the format of its computation despite their request, said the institution planned to enforce its calculation on their clients but Is’haq denied the allegation.

Is’haq, said though parties met at PENCOM on Dec. 11 with representatives of the agency, he said the agency made it clear that it was its responsibility to calculate and compute all the entitlements of all those ex-workers who had crossed to Pension Reformed Act (PRA) 2004 with a definite day of June 2007.

He said they were told it was the duty of the employer to submit their records of service and they would take care of whatever they are duly entitled to while those who are under old pension act, PTAD would takes care of them.
Is’haq said though a letter requesting for a written clarification on this was submitted to PENCOM in order to tender it in court, unfortunately, they were yet to get it.

He, however, disagreed on appointment of an arbitrator saying it was not possible under the law because an appeal on the computation of the entitlement by the university and another appeal by CBN on the order absolute attaching the judgment sum had been entered.

Besides, the lawyer said the Court of Appeal also had arbitration process which parties could submit themselves to, and above all, that parties could sit together and resolve the issues in good faith.

Justice Haastrup, who said there must be a compromise and the principle of give and take should be adopted in the resolution, urged counsel to be ready to lose and win in the approach.

She said the court would not go outside the scope of PENCOM and PTAD.

The judge directed the parties to get the documents regarding PENCOM and PTAD’s computation with a view to resolving the matte

She adjourned the matter until Jan. 30 for further report of settlement.

NAN reports that the claimants’ appointments were terminated in 1996.

However, as part of the order of the court, the institution converted the termination letters to reinstatement or retirement letters as applicable to each staff members.

The parties as part of terms of settlement had agreed on arrears of salary computations, but have failed to reach an agreement on the pension and gratuity computations.(NAN)(www.nannews.ng) / Flowerbudnews

December 18, 2023
N3.5bn debt: Court freezes Oyo State govt.’s accounts in 10 banks

Abuja: A High Court of the Federal Capital Territory (FCT), Abuja has issued an order attaching the accounts of the Oyo State Government in ten commercial banks in the country.
The order was issued by Justice A. O. Ebong, in a ruling on a garnishee proceeding initiated by ex-council chiefs in Oyo State, who were sacked on May 29, 2019 by Gov. Seyi Makinde.
The News Agency of Nigeria (NAN) reports that the sacked local government chairmen and councillors had, in 2021, got a N4,874,889,425.60 judgment against Makinde and other officials/agencies of the state.
The other officials/agencies listed with Makinde as judgment debtors, by virtue of the May 7, 2021 judgment of the Supreme Court, are the Attorney-General, Commissioner for Local Government and Chieftaincy Affairs, Accountant-General of Oyo State, Speaker of the House of Assembly, the House of Assembly and the Oyo State Independent Electoral Commission (OYSIEC).
The garnishee proceeding was intended by the ex-council chiefs, led by Bashorun Majeed Ajuwon, to recover the balance of N3,424,889,425.60 (N3.5 billion) which is outstanding from the actual judgment sum, from which Makinde paid only N1.5 billion in 2022.
What was outstanding in respect of the Supreme Court judgment was N3,374,889,425.60, but the Court of Appeal in Abuja added N50 million, which it awarded as cost against Makinde and others in a judgment on Dec. 8, dismissing their appeal.
The banks in which the state government’s accounts were blocked are Zenith Bank, United Bank of Africa (UBA), Wema Bank, First Bank of Nigeria, Ecobank, Guaranty Trust Bank, Access Bank, Polaris Bank, Jaiz Bank and Union Bank.
Justice Ebong delivered the ruling on Dec. 15 on a motion marked: BW/M/85/2023 but its certified true copy (CTC) was gotten on Monday.
He ordered the garnishees (the banks) to file affidavits and attend the court on the next adjourned date to show cause why the garnishee orders nisi hereby granted should not be made absolute.
The judge awarded N300,000.00 as cost against the judgment debtors; ordered that a copy of the order be served on Makinde and others and adjourned till Jan. 5, 2024 for hearing.
NAN recalls that on May 7, 2021 when the Supreme Court gave judgment, voiding Makinde’s sack of elected local government chairmen and councillors in Oyo State, the apex court gave similar judgment in respect of Katsina State and ordered both states to pay the salaries and allowances of the effected ex-council chiefs.

Justice Ejembi Eko, who delivered the lead judgment in the Oyo State case, condemned the decision by Makinde to unlawfully sack the elected council chiefs before the end of their tenure.

But, while the Katsina State Government had since paid its ex-council chiefs, who were unlawfully sacked, the Oyo State Government had failed to pay the ex-council chiefs in the appeal marked: SC/CV/556/2020.(NAN)(www.nannews.ng) / Flowerbudnews

December 18, 2023
Breaking: Court stops INEC from conducting fresh election into 26 defected Rivers lawmakers’ seats

Abuja: A Federal High Court in Abuja, has restrained the Independent National Electoral Commission (INEC) from conducting fresh election to fill the seats of the 26 Rivers House of Assembly members who defected from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).

Justice Donatus Okorowo, who gave the ruling in an ex-parte motion moved by counsel to the defected lawmakers, Peter Onuh, also restrained the INEC, PDP and the house of assembly from declaring their seats vacant and withdrawing their respective Certificate of Returns pending the hearing and determination of the motion on notice.

Justice Okorowo equally gave “an interim order of injunction restraining all the defendants from interfering with or impeding in any way or attempting to interfere with or impede in any way the performance of the applicants’ official and legislative functions as the speaker, the deputy speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.

“An order of interim injunction is hereby granted restraining the defendants/respondents, jointly and or severally, by themselves or their agents, from interfering with or impeding in any way or attempting to interfere with or impede in any way the full enjoyment of the official rights and privileges of the plaintiffs/applicants as the speaker, the deputy speaker and members, respectively, of the Rivers State House of Assembly, pending the hearing and determination of the motion on notice.

“An order of interim injunction is hereby granted restraining the 5th and 6th defendant (I-G and DSS), by themselves, officers, subordinates, servants or agents from denying or refusing to provide security for the plaintiffs or howsoever withdrawing their security details or personnel or failing to provide details or personnel or failing to provide adequate security for the plaintiffs/applicants for the purpose of enabling them to continue with the performance of their constitutional legislative and oversight functions pending the hearing and determination of the motion on notice.”

The judge, who granted the reliefs on Dec. 15 (Friday) but a certified true copy (CTC) of the ruling sighted by News Agency of Nigeria (NAN) Sunday night, ordered the applicants to undertake damages in the sum of N250 million.
Okorowo adjourned the matter until Dec 28 for hearing the motion on notice.

NAN reports that the 26 lawmakers had, in the motion ex-parte marked: FHC/ABJ/CS/1681/2023/ dated Dec 13 and filed Dec 15, sued INEC, PDP, the assembly, clerk of the assembly, Inspector-General (I-G) of Police and Department of State Service (DSS) as 1st to 6th defendants respectively.

The motion, which was deposed to by the factional Speaker of the assembly, Mr Martins Chike-Amaewhule, sought five reliefs.(NAN)(www nannews.ng) /Flowerbudnews

December 17, 2023
AMML boardroom crisis: Lawyer urges Wike to respect court judgments, orders

Abuja: A lawyer, Faruk Khamagam, has called on the Minister of Federal Capital Territory (FCT), Nyesom Wike, to respect court judgments and orders affirming Alhaji Faruk Abubakar as the valid managing director (MD) of Abuja Markets Management Limited (AMML).

Khamagam, who was Abubakar’s counsel, made the call on Friday at a press briefing in Abuja.
He said the minister, who is not just a lawyer but a life bencher, ought to respect judgments and orders coming from the same bench he is a member of in the interest of the integrity of the judiciary and the rule of law.”

He reminded that an Abuja Federal High Court (FHC) and National Industrial Court (NIC) had, at various occasions, decided on the controversy surrounding the headship of the AMML to the favour of his client.

(Mr Faruk Khamagam, Counsel to Alhaji Faruk Abubakar, the embattled Managing Director of Abuja Markets Management Limited (AMML) during a press briefing on Friday in Abuja.)

The lawyer restated that a FHC in suit number: FHC/ABJ/CS/499/2023, on July 10, reaffirmed Abubakar as the authentic MD of the company besides an NIC judgement in suit marked: NICN/ABJ/62/2023 which also validated Abubakar’s position as the valid and substantive MD and chief executive officer of AMML.

Khamagam equally reminded that following the purported meeting of July 17 wherein Abubakar was removed as MD, he said the same NIC, on July 26, made an interim order, restraining the defendants, including the FCT minister, from giving effect whatsoever to the purported removal.

“However, despite the subsistence of these judgments and orders, subsequent events have shown total disregard and lack of respect for the judiciary and judicial processes on the parts of FCT Minister, FCT General Counsel, and their foot soldiers including but not limited to Mohammed Abbas Yakubu, the Commissioner of Police FCT, among others,” he said.

He said to set the record straight, “our client remains the valid, substantive and authentic managing director and chief executive officer of the AMML, based on the valid and subsisting” judgments and order of the courts.(NAN)(www.nannews.ng)/ Flowerbudnews

December 15, 2023
Tribunal orders AEDC to pay N5.3bn tax liability for 4 years

Abuja: The Tax Appeal Tribunal (TAT) sitting in Abuja, on Thursday, ordered the Abuja Electricity Distribution Company (AEDC) Ltd to pay the cumulative sum of N5.3 billion as value added tax (VAT) and withholding tax liability for the period between 2013 and 2017.

The five tax appeal commissioners, chaired by Hon. Alice Iriogbe in a judgment, held that the assessment of the VAT made by the Federal Inland Revenue Service (FIRS) on the company was valid and in accordance with the Value Added Tax Act (VATA).

The News Agency of Nigeria (NAN) reports that the appellant, AEDC, had, in the appeal marked: TAT/ABJ/330/2024, sued the FIRS as sole respondent.

The FIRS, in conjunction with the Economic and Financial Crimes Commission (EFCC), had, in 2018, conducted a tax investigation on the appellant for the 2013-2017 years of assessment (YOA).

At the end of the investigation, a tax liability of N20, 163,668,697.00 (twenty billion, one hundred and sixty-three million, six hundred and sixty eight thousand, six hundred and ninety seven naira only) was established against the company.

The FIRS, therefore, conveyed the liability for the period to the AEDC vide a letter dated Sept. 21, 2018 but KPMG, on behalf of the company, was said to have objected to the assessments through a letter dated Nov. 1, 2018.

The company on Nov. 20, 2019, also appointed a consortium: Messrs Ascension Consulting Services Consortium authorised to reconcile its VAT matters in the ongoing tax investigation with the FIRS and EFCC.

In the said letter, it was stated that the reason for the appointment was because they handled the compliance aspect of the work and now “expressly authorised to discuss and conclude the matter.”

The tribunal, however, observed that during the oral testimony of the AEDC’s witness, Mr Martins Aroge, it was clear that KPMG (another tax consultant) was mandated to reconcile the appellant’s Withholding Tax (WHT) liability matters.

The FIRS, while giving its evidence, argued that the appellant, through its agents; Ascension Consulting Consortium and KPMG, held several reconciliation meetings with the respondent (FIRS) and came up with N4, 534,358,874.00 revised computations as their own reconciled liabilities for the company and N780, 307,078.00 as withholding tax (totalling N5, 314, 665, 952) through two letters dated March 24, 2021 and Sept. 10, 2021.

But the AEDC, dissatisfied with the assessment contained in the FIRS’ Notice of Refusal to Amend (NORA) dated Feb. 24, 2022, appealed against the federal agency’s decision.

Giving a three-ground of appeal, the electricity firm said the FIRS was wrong to have assessed the tax on the basis of an unauthorised representation by its agent and to have issued a VAT assessment of over N4.53 billion on the basis of a purported letter, instead of relying on the legal basis of the VAT Act, among others.

Delivering the judgement, the five-member panel held that the AEDC was bound by the action of its agents; Ascension Consulting Services Consortium (comprising of Ascension Consulting Services, TBS Professional Services and The Eminent Konsult) appointed to act on its behalf for reconciliation of VAT in respect of the tax investigation/reconciliation exercise.

“This honourable tribunal, therefore, compels the appellant to pay N4,534,358,874.00 (four billion, five hundred and thirty -four million, three hundred and fifty -eight thousand, eight hundred and seventy — four naira) only as VAT liability for 2013 – 2017 as contained in the Notice of Refusal to Amend (NORA) to the respondent (FIRS) forthwith.

“This honourable tribunal compels the appellant to pay the sum N780,307,078.00 (seven hundred and eighty million, three hundred and seventy-eight naira) only as withholding tax (WHT) liability for 2013 and 2016 as established by its consultant KPMG,” it ordered.

The tribunal also compelled AEDC to pay the sum of N100.000 pending cost awarded in favour of the FIRS in the course of the proceeding.

According to the tribunal, the appellant is also liable to interest on the judgement sum at the prevailing CBN rediscount rate from the date of judgement until the judgement debt is liquidated.

“This is the judgement of this honourable tribunal,” it declared.

NAN reports that other members of the tribunal include Hon Ishola Akintoye, Hon Ajayi Julius-Bamidele, Hon Nasir Kuliya and Hon Almustapha Aliyu.(NAN)(www.nannews.ng) / Flowerbudnews

December 14, 2023
Don’t take your appointment for granted, CJN tells FHC judges

Abuja: The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, on Wednesday, cautioned the Federal High Court (FHC) judges against taken their appointment for granted.

Justice Ariwoola, who made the statement while declaring open the 39th Annual FHC Judges’ Conference and the FHC’s 50th Anniversary Lectures in Abuja, urged them not to hesitate to consult to bring the best out of their rulings and judgments.

The CJN enjoined the judges to be hardworking and diligent in justice delivery, while calling on them to always write their judgements in a way that the appellate court would always affirm.

(L to R: The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, and the Chief Judge of the Federal High Court (FHC), Justice John Tsoho, at the opening of the 39th Annual FHC Judges’ Conference and the FHC’s 50th Anniversary Lectures on Wednesday in Abuja.)

“Anyone that is lucky to be appointed to this court, without mincing words, is indeed very lucky and should not take that for granted.
“I implore you all to please continue to work very hard; work hard and harder and go extra mile each time.

“Do not assume that what then are the gentlemen at the appellate court doing. No, let that (appellate) court affirm your decisions.
“Always write your judgments that the appellate court will have no choice than to affirm your decisions.

“Don’t leave any loophole,” he said
According to CJN, to be a judge, certainly, is not a child’s play, particularly at your court where you don’t sit as panel; you sit as a lone ranger.
“You sit all alone, you are the lord of the court. Please, always go extra mile even in what you consider a simple application.

“It is your court. You are not there to impress anyone at all. If you need to take a break to consult your note, to consult your books before you rule, no application by counsel is simple.
“Make relevant consultations and come to give your ruling,” he said.

Ariwoola, who said the judges should not feel threatened if lawyers opted to go on appeal, said “an appeal is an entitlement.

“That is what the Appeal Court is there for.”
The CJN, who described the FHC as the largest court in Nigeria, said it was the best of the courts of trial.

“The jurisdiction of the court has kept being expanded. It is the only court that has originating jurisdiction on electoral matters,” he said.

He said though FHC was not the only federal court, it was, however, the best of the federal courts.

He expressed optimism that the judges would gain a lot from the wealth of experience of the lecturers.

Earlier, the Chief Judge of FHC, Justice John Tsoho, said it had been the practice of the court from inception for judges of the court to meet annually to appraise the activities of the previous year, with a view to finding solutions to identified problems.

“The object of this conference, therefore, is to critically discuss any issues confronting us as a court and seek remedies to them.

“We will also be addressed by practitioners in different fields of knowledge and learning, which will help us to continue to have a grip on our health and intellectual competence,” he said.

He said the FHC would always seek ways and means to enhance justice delivery in the country.(NAN)www.nannews.ng)/ Flowerbudnews

December 13, 2023