Flowerbud News

Category: Judiciary

  • Alleged N109bn fraud: Court revokes ex-AGF Idris, co-defendant’s bail

    Alleged N109bn fraud: Court revokes ex-AGF Idris, co-defendant’s bail

    By Edith Nwapi

    Justice Yusuf Halilu of an FCT, Maitama, Abuja, on Tuesday revoked the bail earlier granted one of the defendants in the trial of a former Accountant-General of the Federation, Ahmed Idris over an alleged fraudulent diversion of public fund to the tune of N109.5million.

    The defendant, Geoffrey Olusegun Akindele’s bail was revoked by the judge following his non-appearance in court for continuation of trial.

    Akindele, who is the second defendant in the case marked, CR/199/2022, and Idris are standing trial alongside Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited.

    The Economic and financial crimes commission (EFCC) dragged them to court on a 14-count charge bordering on stealing, fraudulent diversion of public fund to the tune of N109.5 billion.

    Idris, among others, was alleged to have between Feb. and Dec. 2021, while being a public servant by virtue of his position as Accountant-General of the Federation accepted from Olusegun Akindele, the second defendant, a gratification of the aggregate sum of N15, 136, 221, 921.46, which was converted to dollars equivalent by Akindele.

    The money, according to the prosecution, did not form part of Idris’s remuneration but a motive for accelerating the payment of 13% derivation to nine oil producing states in the federation through the Office of the Accountant-General of the Federation.

    EFCC alleged they thereby committed an offence contrary to Section 155 of the Penal Code Act Cap 533 Laws of the Federation of Nigeria 1990 and punishable under the same section.

    Idris and Akindele, who was Technical Assistant to the Accountant-General of the Federation, were accused of committing criminal breach of trust while being entrusted with certain property, to wit N84,390,000,000 between Feb. and Nov. 2021 by dishonestly receiving the said amount from the Federal Government through Godfrey Olusegun Akindele, trading under the name and style of Olusegun Akindele & Co.

    By this, acccording to EFCC, the first and second defendants were alleged to have committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria.

    The defendants, however, pleaded not guilty to the charges preferred against them by the anti-corruption commission.

    At the resumed hearing of the matter on Tuesday, Akindele was absent in court as of the time the case was called, though Idris and Usman were in court.

    Despite pleas by counsel for Akindele, S.E. Adino that his client was on the way to court, submitting that he (Akindele) has always been in court to face trial, Justice Halilu insisted on revoking the second defendant’s bail.

    The judge held that after listening to what Adino said, when a court grants a defendant bail, such person must reciprocate the gesture by attending court for trial.

    He added that, Akindele had clearly not shown good character and conduct by his refusal to attend court.

    ” The second defendant had abuse the terms of his bail.”

    Halilu subsequently revoked his bail and ordered the FCT Commissioner of Police and the EFCC to arrest Akindele and produce him in court in the next adjourned date.

    He then adjourned the case until Feb. 1, 2024 for definite hearing.

    Earlier, the prosecuting counsel, Oluwaleke Atolagbe, had informed the court that the prosecution received a letter from counsel for Idris and did not receive any from the counsel for Gezawa Commodity Market and Exchange Limited.

    Atolagbe said despite the fact that there were competent lawyers in the office of Idris’ lawyer, none of them announced appearance for the former Accountant-General of the Federation.

    He added that he saw two lawyers from the office yesterday morning in court, saying that, “This is not fair on the prosecution. It is definitely a ploy to delay trial.”

    NAN

  • 11-year-old student slams N100m suit against hospital over alleged damaged testicles

    11-year-old student slams N100m suit against hospital over alleged damaged testicles

     

    Abuja:  An 11-year-old Nelson George has filed an N100 million suit against Limi Children’s Hospital Limited for alleged misdiagnosis and mistreatment leading to the damage of one of his testes.

    Nelson, who instituted the suit through his father, Bankole George, also prayed Justice Akanbi Yusuf of FCT High Court, Kubwa, to make an order directing the hospital to pay the sum of N5 million to him as cost of filing the suit.

    In the suit marked: FCT/HC/CV/7356/2023 dated and filed on Aug. 28 by his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, Nelson further prayed the court for an order directing the medical outfit to issue a letter of apology to him for the alleged misconduct.

    The News Agency of Nigeria (NAN) reports that the claimant also joined Medical and Dental Council of Nigeria, Medical and Dental Practitioners’ Investigation Panel and Federal Competition and Consumer Protection Commission as 2nd to 4th defendants in the matter.

    The claimant equally urged the court to declare that the 2nd to 4th defendants ought to be more proactive in ensuring that they perform their duties under their mandate as provided in the respective legislations establishing them to protect and promote his interests and wellbeing, including that of members of the Nigerian public.

    In his joint statement of claim, Nelson said he was 11-year old presently “in Junior Secondary School 3 and lives under the parentship of Bankole George who is his next friend and legal guardian.”

    “Bankole George (“Bankole”) is the biological father of the claimant.

    “He is a Grade Level 18, Step 11 Director of Dangote Cement Plc. and a subscriber of the Platinum package of the National Health Insurance Scheme (NHIS AXA MANSARD),” the statement said.

    It said that Nelson was one of the beneficiaries of Bankole’s Health Insurance Scheme in Abuja.

    According to the statement, on 30th January, 2023, Bankole discovered that the claimant (Nelson) was having serious abdominal pains and his genital and scrotum were swollen.

    “Bankole promptly rushed the claimant to the 1st defendant’s hospital which is one of the hospitals listed in Bankole’s package of the NHIS for himself and his family members to which the claimant is one.

    “After preliminary checks, the claimant was admitted at the 1st defendant’s hospital for treatment,” it said.

    It said that the hospital then conducted laboratory tests on Nelson, including a scan on his genitals.

    “In the scan report, the Sonologist concluded that the claimant suffered from Epididymo-orchitis/Torsion.

    “The claimant was admitted at the 1st defendant’s hospital for 4 (four) days to undergo treatment for acute Epidydymo-orchitis only without addressing the Torsion in the scan report.

    “He was discharged from the 1st defendant’s hospital in the evening of 2nd February, 2023,” it said.

    “Painfully, in the evening of 9th February, 2023, at about 11pm, the claimant complained of discomfort in his genitals and the same abdominal pains.

    “Bankole took the claimant back to the 1st defendant’s hospital in the morning of Friday, 10th February, 2023.

    “The claimant was again admitted and this time treated for malaria, sepsis and peptic ulcer disease with series of tests conducted once more.

    “The abdominal pains subsided and the claimant was discharged the second time in the evening of 11th February, 2023,” it said.

    It further said that on Feb. 13, Nelson again complained of excruciating abdominal pains and his genitals were swollen, and Bankole was advised to take the claimant to another hospital for proper diagnosis and treatment.

    “The claimant was taken to Nisa Premier Hospital Abuja (“the Nisa Premier”),” it said.
    After preliminary examination and a scan which showed that Nelson had Testicular Torsion (“TT”), an urologist and his team at Nisa Premier promptly carried out a surgery on his scrotus.

    The statement alleged that they later discovered that Limi Children’s Hospital Limited’s delay in discovering and promptly carrying out a surgery on the claimant had led to a complete damage to one of his testes.

    It said Limi Hospital, however, denied any wrongdoing and maintained that their action was in line with standard medical protocol.
    Besides, Limi Hospital’s counsel, on April 6, also wrote to Nelson’s lawyer, Ekpenyong, and absolved the hospital from any wrongdoing or liability.

    It said Nelson’s lawyer, therefore, petitioned the Medical and Dental Council of Nigeria and that when Nelson’s affidavit got to Medical and Dental Practitioners’ Investigation Panel, the panel said it had no jurudiction on the subject matter.

    It said Ekpenyong thereafter petitioned the Federal Competition and Consumer Protection Commission but the commission did not act on the complaint.

    Nelson, therefore, averred that Limi Hospital owed him a duty as a patient to properly diagnose his medical condition to prevent a deterioration of his condition to the extent of losing one of his testes.

    The defendants were yet to respond to the originating processes served on them as at the time of this report.

    Justice Yusuf fixed Dec. 20 for hearing of the suit.(NAN)(www.nannews.ng) /Flowerbudnews

  • Court deletes laws denying tax debtor’s right of appeal

    Court deletes laws denying tax debtor’s right of appeal

     

    Abuja: A Federal High Court, Abuja, on Thursday, struck down some “offending provisions” which takes away the right of appeal of a tax debtor.

    Specifically, the affected provisions include the Tax Appeal Tribunal (Procedure) Rules ( 2021), the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022).

    Justice James Omotosho, in a judgment, held that the provisions were unconstitutional as they constrained the constitutionally provided right of appeal.

    The News Agency of Nigeria (NAN) reports that the first provision voided by the court was Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules (2021).

    It prescribes that an aggrieved person, challenging the tax charged by the Federal Inland Revenue Service (FIRS) or any relevant tax authority, shall pay 50 per cent of the disputed amount into any account so designated by the Tax Appeals Tribunal before such appeal could be heard.
    The second provision affected was Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021).
    It prescribes that where a person intends to challenge an assessment served on him or her, he or she shall pay half of the assessed amount into an interest yielding account of the Federal High Court, pending the determination of the application/ proceedings.
    The third provision was Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules (2022).
    It prescribes that where an appellant is appealing against the decision of the Tax Appeal Tribunal, the sum contained in the decision shall be deposited in an interest yielding account maintained by the Chief Registrar of the Federal High Court.
    NAN reports that a former President, Nigerian Bar Association (NBA), Joseph Daudu, SAN, had filed the suit marked: FHC/ABJ/CS/12/2022.
    Daudu, who argued, among others, that the provisions were unfair, unlawful and a violation of the right to appeal, sued the Minister of Finance, Budget and National Planning, who made the Tax Appeal Tribunal (Procedure) Rules (2021) as 1st respondent.
    The applicant also joined the Chief Judge of the Federal High Court, who made the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022), and the Attorney General of the Federation (AGF) as 2nd and 3rd respondents in the case.
    Delivering the judgment, Justice Omotosho said: “Even though the 1st respondent (the minister) is empowered to make rules for the conduct of appeal, he is not expected to construct an embargo to the enjoyment of the right to appeal of any appellant.
    “The right to appeal is a constitutional right and the 1st respondent cannot take away such right through the making of a subsidiary legislation.
    “The law is trite that where any law or subsidiary legislation contravenes the provision of the Constitution, it shall be declared void to the extent of its inconsistency.
    “The said provisions being challenged by the applicant were made to favour the Federal Inland Revenue Service without any attempt to balance the interest of a tax debtor.
    “For a tax debtor, who is unable to afford to deposit the entire assessed sum of money, he is automatically deprived his right of appeal.”
    According to him, this court, as a court of justice, will ensure that justice is done to all parties regardless of their status.
    “This court by virtue of Section 6(6)(b) of the Constitution is empowered to determine issues between government and persons,” he said.
    The judge said that the court would not allow an unjust provision to cripple the constitutional rights of the applicant.
    “In final analysis, I therefore do not hesitate to strike down the offending provisions which in the opinion of this court substantially takes away the right of appeal of a tax debtor such as the applicant,” Justice Omotosho said.
    The judge, therefore, proceeded to declare the provisions of Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 as “unconstitutional, null and void.
    He declared that the provisions is also contrary to the provisions of Section 36(1) and (2), Section 6(6) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the doctrine of separation of powers.”
    He also declared that the provisions of Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions, 2021 “is unconstitutional, null and void.
    He issued an order striking down (deleting) the provisions of Paragraph V Rule 3 of the Federal High Court (Federal inland Revenue Service) Practice Directions 2021, or any other similar provision therein, for being unconstitutional and in excess of the powers of the 2nd respondent (the Chief Judge of the Federal High Court) to issue practice directions.
    He also ordered the striking down (deleting) of the provisions of Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules 2022, for being unconstitutional and in excess of the powers of the 2nd respondent to issue practice directions and Rules of court.
    The judge thereafter ordered the striking down (deleting) of the provisions of Order IlI Rule 6 (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 for being unconstitutional, null and void and in excess of the powers of the 1st respondent (the Minister of Finance) to make Rules prescribing the procedure and conduct of appeals before the tribunal.(NAN)(www.nannews.ng)/ Flowerbudnews

  • Court rejects Apapa factional motion seeking to replace Imo LP candidate

    Court rejects Apapa factional motion seeking to replace Imo LP candidate

     

    Abuja: A Federal High Court, Abuja, has declined to grant a motion ex-parte brought by Alhaji Lamidi Apapa-led faction of the Labour Party (LP) to stop Athan Achonu as governorship candidate of the Saturday’s election in Imo.

    Justice Inyang Ekwo, in a short ruling, refused to grant the prayer of the plaintiffs for an order of interim injunction recognising their candidate, Chief Joseph Ukaegbu, as validly elected standard bearer of the party.

    The development followed an ex-parte motion moved by counsel to the plaintiffs, Mohammed Mohammed, SAN, to the effect.

    Rather, the judge directed Mohammed to put the Independent National Electoral Commission (INEC), which is the sole defendant, on notice.
    “I am going to allow you to adopt it (the motion) but I will not grant it.

    “I am not granting you the application today as you have to bring them to court.

    “Let it be that they have been served and they are not in court,” the judge said.

    According to Justice Ekwo, I have studied the prayers on the motion ex-parte and also studied the averments in support.

    “I am of the opinion that I need to hear from the defendant (INEC) before making further Order on the motion,” he said, adjourning the matter until Friday for INEC to show cause.

    The News Agency of Nigeria (NAN) reports that the plaintiffs include LP; Alhaji Apapa (Acting National Chairman); Alhaji Lawal Saleh (Acting National Secretary) and Comrade Abayomi Arabambi (National Publicity Secretary).

    Others are Comrade Anslem Eragbe (National Youth Leader); Barr. Akingbade Oyelekan (National Legal Adviser) and Chief Joseph Ikechukwu Ukaegbu (Gubernatorial candidate, Imo State) as 1st to 7th plaintiffs respectively.
    The plaintiffs, in the motion ex-parte marked: FHC/ABJ/CS/1357/2023, sued INEC as sole defendant.

    They had sought an order of interim injunction restraining INEC from “recognising any other person or persons laying claim to the LP gubernatorial ticket in Imo governorship election slated for 11th November, 2023 other than the plaintiff (Ukaegbu) who emerged from the primary conducted by the Alhaji Lamidi Apapa-led National Working Committee (NWC) of LP on April 16.

    They also sought an order of mandatory injunction directing or compelling INEC to recognise, upload and publish Ukaegbu’s name as LP governorship candidate in Imo, pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

    They equally sought an order of mandatory injunction directing INEC to upload Apapa and Saleh’s names as the acting national chairman and acting national secretary, including other Apapa-led NWC members, pending the pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.(NAN)(www.nannews.ng)/Flowerbudnews

  • Court stops sale of Novare assets in Nigeria

    Court stops sale of Novare assets in Nigeria

     

    Abuja: A Federal Capital Territory (FCT) High Court has restrained a South African company, Novare and its subsidiaries, from selling off their assets in Nigeria.

    It will be recalled that Novare is the owners of retail malls, including Shoprite malls, in the country.

    Justice Peter Kekemeke gave the interim order following an ex-parte motion moved to the effect by counsel to the applicants, Darlington Ozurumba.

    Grand Towers Reality Ltd, Grand Towers Plc and Nze Chidi Duru, who were applicants in the suit marked: FCT/HC/0224/2017 with motion on number: M/13811/2023, are the Nigerian partners to Novare Investment (PTY) Ltd, owners of Shoprite.

    They had sued Novare Investment (PTY) Ltd, Novare Equity Partners (Proprietary Ltd), Novare Fund Management Ltd, Novare Africa Fund Plc and Mr Derick Roper as 1st to 5th defendants respectively.

    In the motion dated Oct. 3, the applicants prayed the court for an interim order restraining the defendants from selling, leasing, transfering of interests of the property or assets knowns as Novare Mall Lekki, Lagos State; Novare Mall, Sangotedo, Lagos; and Novare Gateway Mall, Lugbe District, Abuja.

    Others include Novare Mall, Apo, Abuja; Novare Central Mall, Wuse Zone 5, Abuja, and all other Novare Malls under construction in Nigeria, pending the hearing and determination of motion on notice.

    Justice Kekemeke consequently granted the order of interim injunction after Ozurumba moved the motion on Nov. 6.

    The certified true copy of the order was made available to newsmen on Wednesday in Abuja.

    The judge adjourned the matter until Feb. 13, 2024, for hearing of the motion on notice.

    The development is the latest in the lingering legal battle between the parties since 2017 following Novare’s plans to divest from Nigeria, citing supply chain disruptions and difficulty in the repatriation of funds.(Flowerbudnews

  • Agency leadership dissolution: Court begins contempt proceedings against Wike, others

    Agency leadership dissolution: Court begins contempt proceedings against Wike, others

     

     

    Abuja:  A National Industrial Court in Abuja on Wednesday began has a contempt proceedings against FCT Minister, Nyesom Wike, and others over alleged disregard of series of court orders.

    The court affirmed Alhaji Faruk Abubakar as Managing Director and Chief Executive Officer of the Abuja Markets Management Limited (AMML).

    The development was sequel to the decision of the minister to include AMML’s MD in the list of heads of agencies dissolved on Sept. 27.

    The News Agency of Nigeria (NAN) reports that Wike had, on Sept. 27 in a statement, relieved the heads of 21 parastatals, agencies and government companies of the Federal Capital Territory Administration (FCTA) of their appointments with immediate effect, including AMML.

    The contempt charge, filed by Alhaji Abubakar also joined FCTA, AMML and Abuja Investments Company Limited (AICL) as 2nd to 4th defendants respectively, including the former acting MD of AMML, Engr. Yakubu Abbas.

    In the Form 48 marked: NICN/ABJ/62/2023 dated and filed on Nov. 3, the application was titled: “Notice of Consequences of Disobedience to Order of Court.”

    It was brought pursuant to Section 72 Sheriff and Civil Process Act, 2004; Order IX Rules 1-3 of the Judgment Enforcement Rules and Under the inherent jurisdiction of court.

    The application reads: “Take notice that unless you (the defendants) obey the orders and directions contained in the judgment of court on July 20 and the order of this Honourable Court made on July 26, you will be guilty of the contempt of court and will be liable to be committed to prison.”

    NAN reports that Abubakar’s counsel, Faruk Khamagam, had, following the dissolution, written to Wike on Sept. 28, to inform him about the peculiar situations that surrounded the agency’s headship and the legal tussle that preceded his appointment as minister.

    Khamagam, in the letter, told Wike series of court judgments that affirmed Abubakar’s status as substantive MD of AMML.

    The contempt proceeding was against the allegation that the minister and others are acting in disobedience to the orders of the industrial court made on July 20, restraining them from giving effect to the purported letter of termination of the employment of Abubakar as the AMML’s MD.

    Justice R.B.Haastrup had restrained the defendants from giving effect to the termination of the employment of Abubakar Usman Faruk as the M.D of AMML, which was contained in their letter dated July 17 until the hearing and determination of the counterpart motion on notice.

    The judge also ordered the defendants not to,in any way, interfere in the management, business and corporate affairs of the AMML and that status quo ante be maintained until the counterpart motion on notice was heard and determined.

    NAN also reports that Justice Donatus Okorowo of a Federal High Court, Abuja, had, on July 10 in a judgment, restrained the FCT Minister, the FCTA and others in the suit marked: FHC/ABJ/CS/499/2023 from dissolving and reconstituting the Board of AMML by political fiat or press statement, without first following the procedure of CAMA, 2020.

    The court declared that doing so is ultra vires the powers of the FCT Minister and the FCTA.

    The court also affirmed Abubakar as AMML’s MD.

    Khamagam, who said the AICL and FCTA had continued to insist on the termination of Abubakar’s employment as contained in their July 17 letter, also said that Abbas had been parading himself as AMML acting MD against valid court orders and judgment.

    “Engr. Yakubu Abbas himself, has been parading himself as the acting MD of AMML and has been signing and issuing documents in that capacity, in the name of AMML from unknown locations,” he alleged.

    The AMML Legal Adviser and Secretary, Mr Felix Edache, also alleged that on Monday, the policemen from various commands stormed AMML head office in Gudu on the order of the FCT commissioner of Police.

    Edache said the officers, led by DSP Bello Adamu, said they were deployed to ensure peace and workers’ safety.

    “When I resumed, I saw a flood of armed policemen all over the premises.

    “Upon getting to the office, I was told that they had come to ensure safety of the place but I told them that I am not aware that AMML made any complaint to the police to that effect.

    “In fact if there should be any of such complaint, it should have come from me,” he said.

    According to him, the real agenda unfolded later in the evening when they provided a memo from the FCTA signed by the General Counsel, Salman Dako, purportedly written on behalf of the FCT Minister asking the CP to prevent the MD, Abubakar, and the Legal Adviser from gaining entrance into the office.

    “Although, the memo by Dako cited the termination of Abubakar’s employment as the eason for the request, it did not say why the police is being asked to prevent me from entering the office.

    “We are law abiding citizens. We will never do anything to subvert the law.

    “However, any attempt to trample our right would be resisted with every legal tool.

    “It is time for the Minister to reassess his legal team at the ministry so that they don’t end up misleading him into running foul of the law which he also swore to protect as both lawyer and public servant.

    “I am hopeful that the minister will act accordingly,” he said.(NAN)(www.mamnews.ng)/Flowerbudnews

  • EFCC fails to produce Emefiele, as judge restates release order

    EFCC fails to produce Emefiele, as judge restates release order

    The Economic and Financial Crimes Commission, EFCC, on Monday, failed to produce the embattled former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, before the High Court of the Federal Capital Territory sitting at Maitama, as it was directed to do.

    Justice Olukayode Adeniyi had on November 2, ordered the anti-graft agency to either release Emefiele unconditionally or produce him in court to be granted bail.

    However, at the resumed proceeding in the matter, Emefiele’s lawyer, Mr Mathew Burkaa, told the court that EFCC flouted the order.

     

    “My lord they have flouted both orders as today marks the 149th day of the Applicant being in custody.

     

    “The Applicant is still in custody of the 3rd and 4th Respondents, up till this moment that we speak,” Emefiele’s lawyer added.

     

    On his part, the lawyer that represented the EFCC, Mr Farouk Abdullahi, while confirming that the order was served on the Commission, said it was not true that Emefiele has been in the custody of the agency for over 100 days.

     

    “My lord, I do confirm that we received the order. It is however not correct that the Applicant has been in custody of the 3rd and 4th Respondent for over 100 days.

     

    “He has only been in custody of 3rd and 4th for only 7 days

     

    “We got the processes and we intend to react to them to set the record straight.

    Unfortunately, we are unable to do so because the processes received by 3rd and 4th respondents were incomplete.

    We are not insinuating that it was deliberate, it may be inadvertent on the part of counsel for the Applicant.

     

    “Certain exhibits they referred to, particularly exhibit E, were not attached.”

     

    Queried by the judge if the absence of the exhibit was sufficient reason for EFCC to disobey the order of the court, Farouk, said they misunderstood the order.

     

    “My lord, we thought that the order was that we either release him unconditionally or bring him to the court so that his bail application will be heard

    My lord, the 3rd Respondent is a law-abiding establishment that will never take orders of this court for granted,” the EFCC lawyer pleaded.

     

    Meanwhile, before he adjourned the matter till November 8, Justice Adeniyi reinstated the orders of the court.

     

    He ordered the EFCC to either release Emefiele unconditionally or in the alternative, produce him in court on the next adjourned date to be admitted to bail.

     

    Emefiele, who has been in detention since June 9, approached the court to enforce his fundamental human rights.

     

    Aside from seeking his immediate release from EFCC custody, he is praying the court to award him damages to the tune of N5 million.

  • Court fines NYSC N5m for tagging Gov Mba’s certificate fake

    Court fines NYSC N5m for tagging Gov Mba’s certificate fake

     

    By Taiye Agbaje

    Abuja: A Federal High Court in Abuja, on Monday, awarded N5 million in damages against the National Youth Service Corps, NYSC, for alleging that the corps’ discharge certificate held by Governor Peter Mbah of Enugu State was fake.

    Justice Inyang Ekwo, in the judgment, held that the Director-General of the NYSC and the corps, who were defendants in the suit, were guilty of misrepresentation of material facts.

    The judge held that the certificate presented to the Independent National Electoral Commission, INEC, by Mbah was authentic and validly issued by the NYSC.

    Justice Ekwo further held that evidence before the court showed that the governor, though mobilised for service in 2001, completed his service in 2003.

     

    According to the court, Mbah, midway into his service, sought and, after receiving permission from the NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.

    Besides, the judge said that while the NYSC did not challenge the evidence that Mbah served in the law firm of one Udeh, he criticized the corps for not charging the governor for forgery if they believed that they didn’t issue the said NYSC certificate to him.

     

    He concluded that the NYSC was mischievous and acted in bad faith by denying Mbah’s NYSC certificate.

     

    Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate issued to him on January 6, 2003.

     

    Justice Ekwo, on May 15, restrained the NYSC, Muhammad, and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.

    The order followed an ex parte motion moved by Mbah’s counsel, Mr Emeka Ozoani (SAN).

    But the NYCS, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.

    Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.

     

    It argued that an appeal to the president was a condition precedent to instituting an action against the defendants in any court of law in Nigeria.

     

    According to the NYSC, consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise.

     

    The NYSC had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the corps did not issue the NYSC certificate belonging to Mbah.

    Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held on March 18 by the Independent National Electoral Commission (INEC).

  • Bayelsa poll: Court hears fresh suit to stop Gov. Diri’s governorship bid

    Bayelsa poll: Court hears fresh suit to stop Gov. Diri’s governorship bid

     

    Abuja: Less than nine days to the Bayelsa governorship election, a fresh suit seeking the disqualification of Gov. Douye Diri and his deputy, Lawrence Ewhrudjakpo, has commenced at a Federal High Court (FHC), Abuja.

    The suit, presently before Justice Emeka Nwite, sought an order of mandatory injunction, directing the Independent National Electoral Commission (INEC) to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the Nov. 11 poll.

    It also sought an order of perpetual injunction restraining INEC, its agents, privies or whosoever called, from further publishing their names as standard bearers for the party in the forthcoming election in Bayelsa.

    The suit, marked: FHC/ABJ/CS/1448/23 and filed by a Bayelsan woman, Blessing Clement Azibanagbal, through her lawyer, Ifeanyi Nsowu, further sought a declaration that Ewhrudjakpo was not qualified to run as deputy governor under the PDP.

    Azibanagbal, in the originating summons dated Oct. 26 and filed on Oct. 30, sought a declaration that Ewhrudjakpo was also not qualified to be a running mate with Diri.

    Besides, she prayed the court to declare that Ewhrudjakpo had multiple of names without any evidence to proof “that he is the same person.”

    She, therefore, urged the court to declare that the PDP had no candidate in the poll.

    The suit, which was brought under Rule 3, Order 9 of the FHC Civil Procedure Rules, 2019, sought “a declaration that the 3rd defendant (PDP) does not have any qualified candidate to run for the governorship election in Bayelsa.”

    The News Agency of Nigeria (NAN) reports that Gov. Diri, Ewhrudjakpo, PDP and INEC are 1st to 4th defendants respectively in the matter

    Raising five issues for determination, Azibanagbal asked whether a first school living certificate holder can run for governorship election of a state in line with provision of 1999 Constitution.

    “Whether the failure of the 1st (Diri);and 3rd defendants (PDP) to provide a candidate that has the qualification to run for the governorship of a state can be a ground to disqualify both candidates.

    “Whether a candidate with multiple names without any evidence to substantiate the names can contest for governorship election in a state.
    “Whether the 2nd defendant (Ewhrudjakpo), submitting only his first school living certificate in his Form EC9 submitted with INEC qualifies him to contest election as deputy governor of Bayelsa State.

    “Considering issues 1 to 4 above, whether this honourable ¢court has jurisdiction to order the 4th defendant to remove the names of 1st and 2nd defendants as candidates in the forthcoming governorship election in Bayelsa State,” it read.

    In the affidavit in support of the originating summons deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers, the lawyer said she knew as a fact that Azibanagbal, who hails from Bayelsa and as a good citizen of Nigeria, had the locus standi (legal right) to institute the action.
    She said though Diri and Ewhrudjakpo submitted their Form EC9 in INEC which empowered them to contest in the poll, Istifanus said this must be strictly in line with a constitutional provision for qualifications for a person to run for the office of a governor and deputy governor of a state.
    The lawyer, who averred that failure to comply with the said qualification amounted to disqualification of the said candidate, stated that all the documents submitted by Ewhrudjakpo “bear different names with no substantial evidence to substantiate that he is the same person in the said documents.”
    “That I know as a fact that failure of the 2nd defendant to produce documents that bear the same names disqualifies him to contest as a deputy governor of a state,” she said.
    She said it would be in the interest of justice to grant the application as the defendants would not be prejudiced.

    Nwosu, in an ex-parte motion seeking a leave to serve Diri and Ewhrudjakpo at the Government House in Bayelsa, through courier service, moved the application on Friday.

    The suit, which was the only matter in the Friday’s cause list, was heard at the judge’s chamber.
    NAN, however, gathered that Justice Nwite granted the prayer.
    He subsequently adjourned the matter until Nov. 30 for hearing.(NAN)(www.nannews.ng)/ Flowerbudnews