Category: Judiciary

 

 

 

Abuja:  Mobil Producing Nigeria Unlimited, on Wednesday, withdrew the suit it filed against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).

This followed the presidential policy directives that strengthens Nigerian Upstream Petroleum Regulatory Commission (NUPRC)’s power to approve and regulate integrated upstream operations.

Counsel for Mobil, Ituah Imhanze, informed Justice Inyang Ekwo of a Federal High Court, Abuja, of the oil company’s motion to discontinue the suit.

Imhanze said the motion was filed on Oct. 23 and served on NMDPRA, the sole defendant in the matter.

“We have an application dated and filed on Oct. 23. It is for my lord to discontinue the suit,” he said.

Justice Ekwo, who reminded Imhanze that the matter was fixed for judgment, asked NMDPRA’s lawyer, A.V. Etuwewe, SAN, of his opinion about the application.

Etuwewe said though he did not oppose the application to withdraw the suit, the senior lawyer prayed the court to dismiss it instead of being struck out.
He argued that the matter was fixed for judgment and that he was only served with the application on Monday, citing previous cases to back his argument.
“We urge my lord to dismiss this suit and award very, very high cost,” he said.
But Imhanze disagreed with Etuwewe.
He argued that he would not concede to any cost because as a minister in the temple of justice, he had the duty to bring whatever happens in the course of a case to the notice of the court.
The lawyer hinged his argument on the recently released presidential policy directives which touched on the substance of the suit.
Justice Ekwo, consequently, dismissed the suit but declined to award cost against Mobil.
“Rather than award any cost, I will ask parties to go and remain in peace,” he said.
The News Agency of Nigeria (NAN) reports that the Policy Directives on the Delineation of Regulatory Oversight between the NUPRC and NMDPRA Notice, 2023 (“the Presidential Policy Directives”) in Vol. 110 No. 158 of the Official Gazette, was recently gazetted.
President Bola Tinubu had, on Aug. 7, issued the policy directives as part of the efforts to tackle challenges and facilitate conducive operating and investment environment in the sector.
The suit instituted by Mobil vide an originating summons dated June 16 but filed June 19, sought the determination of which regulator had the authority to designate and approve its operations as integrated operations under the Petroleum Industry Act, 2021.

The suit was triggered by the NMDPRA’s challenge of the NUPRC’s approval of Mobil’s operations as integrated upstream operations.
NAN had, on July 27, reported that the judge fixed today (Oct. 25) for judgment in the case.

Justice Ekwo fixed the date after Imhanze and Etuwewe adopted their processes and presented their arguments for and against the suit.
The judge had, on July 5, ordered NMDPRA not to take further action in respect of the oil mining lease suit.
Mobil had prayed for an order restraining the Federal Government’s agency from imposing any sanction on the company.
The company also sought for an order stopping the agency from taking any action to frustrate its interest in respect of its operations in Oil Mining Leases 67, 68, 70 and 104 pending the hearing and determination of the motion on notice for interlocutory injunction.(NAN)(www.nanews.ng) / Flowerbudnews

 

Abuja: Mr Ahmed Raji, SAN, has written to the Independent National Electoral Commission (INEC), demanding immediate withdrawal of the amended list of candidates released for the poll.

Raji, who is counsel to Chief Timipre Sylva, the All Progressives Congress (APC)’s candidate in the Nov. 11 Bayelsa election, described the decision of the electoral umpire as prejudicial.

The News Agency of Nigeria (NAN) reports that INEC had, earlier today, released amended list of candidates vying in the election without including Sylva’s name.

Justice Donatus Okorowo of a Federal High Court, Abuja, had, on Oct. 9 in a judgment , disqualified Sylva, a former governor of the state, from contesting the election.

Unsatisfied with the judgment, Sylva approached the Court of Appeal, through his lawyer, Raji, to challenge the decision of the court.

But while the appeal is pending, INEC released list of candidates for the poll excluding the APC candidate’s names.

In a letter to the commission dated Oct. 25, Raji said he had the firm instruction of Sylva to respectfully demand for the immediate withdrawal of the amended list.

The senior lawyer said it was shocking for the INEC to release such publication when the judgement the commission acted upon had already been appealed against at the Court of Appeal. .

“Dear sir, you will recall that the judgment in issue, that arose from the above suit was delivered on the 9th October,2023 and our client, being an ardent and firm believer in the efficacy of the judiciary and the rule of law, immediately filed an appeal within 24 hours of the judgment, on the 10th October, 2023.

“In addition to the notice of appeal, our client expeditiously compiled the record of appeal and transmitted same in less than 10 days.
“The appeal was successfully entered on the 18th October, 2023, with Appeal No. CA/ABJ/CS/1060/2023.
“The above being the case, the commission, as a respected arbiter and law abiding institution, is expected to respectfully wait for the outcome of the appeal, before taking any step that may be prejudicial to any of the parties, particularly, our client.
“This is in view of the fact that the parties that went to court are not candidate in the forthcoming election, unlike our client. In other words, they do not have anything to lose, rather, they are fighting proxy battles to deny our client and his party the opportunity to participate in the forthcoming election.
“We know that the Commission has always been consistent in a matter like this, to wait until the entire appellate process and proceedings are completed, one way or the other,” he said.
According to him, this is not only consistent with the administrative and policy convenience but also with the Electoral Act and the constitution, in all election related matters.
NAN reports that the Court of Appeal in Abuja, has scheduled hearing for Friday in the appeal filed by Slyva.Sylva and APC are, by their suits, praying the Court of Appeal to set aside the Oct. 9 judgment by Justice Okorowo , voiding Sylva’s candidacy.
Sylva, in his three-ground notice of appeal, is contending among others that the trial court erred in law and and occasioned a grave miscarriage of justice when it wrongly assumed jurisdiction by delving into the internal affairs of his party, which is a non-justiciable cause of action

He stated that the trial court has a duty to understand the case presented by the parties and apply the law correctly.

Sylva contended that the trial judge erred in law and occasioned a grave miscarriage of justice against him when he (the judge) wrongly conferred, allowed and adjudicated on the matter when the respondent (plaintiff at the trial court) has no locus standi to initiate or institute the action.

He argued that the plaintiff had agreed that he did not participate in the primary election that produced him as the governorship candidate of the APC.

Sylva also argued that the trial court breached his right to fair hearing as guaranteed by the Constitution when it failed to properly evaluate, determine and pronounce on his notice of preliminary objection, with which he challenged the competence of the suit.(NAN)(www.nannews.ng) (Flowerbudnews)

The Supreme Court will on Thursday, settle the legal dispute that has been trailing the presidential election that was held in the country on February 25.

Though five petitions were initially entered against the declaration of President Bola Tinubu of the ruling All Progressives Congress, APC, as the winner of the presidential contest that involved 17 candidates, however, only three of the petitions made it to the apex court..

Whereas two of the petitions were withdrawn before they could even be heard by the Presidential Election Petition Court, PEPC, that held its proceedings at the Abuja Division of the Court of Appeal, of the three petitions that were entered at the Supreme Court, only two of them made it to the last lap of the litigation.

 

A seven-man panel of the apex court had last Monday, dismissed the case the Allied Peoples Movement, APM, instituted to nullify President Tinubu’s election victory, after the party reluctantly withdrew its appeal which the panel insisted was academic and of no useful legal purpose.

 

Consequently, the surviving appeals were the ones filed by a former Vice President and candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar, as well as his counterpart in the Labour Party, LP, Mr. Peter Obi.

 

The apex court reserved the to appeals for judgement after all the parties adopted their final briefs of argument past Monday.

 

Meanwhile, examines the profile of the seven Justices of the Supreme Court that will determine the fate of Tinubu, Atiku and Obi, tomorrow.

Justice John Inyang Okoro

Justice Okoro is the head of the panel that will decide the petitions seeking to remove President Tinubu from office.

 

He was born on July 11, 1959 in Nung Ukim, Ikono Local Government Area of Akwa Ibom State.

He attended Methodist School, Nung Ukim from 1965-1972, Boys High School, Oron from 1973-1977, School of Arts &Science, Uyo 1979-1981 and the University of Lagos from 1981-1984.

He attended the Nigerian Law School, Lagos and was called to the Nigerian Bar in 1985.

 

Justice Okoro started his legal career as Magistrate Grade 11 in 1986 and rose through the Magisterial Cadre culminating in his promotion to the post of Chief Magistrate Grade 1 in 1996.

 

He was then appointed a Judge of the High Court of Akwa Ibom State from 1998-2006. His Lordship was elevated to the Court of Appeal in 2006 and served in that capacity up to 2013.

 

He has over the years served in different capacities and bodies, including; Member, Election Petition Tribunal, Kano, 1998, Member, Governorship and Legislative Houses Election Petition Tribunal, Ondo State, 2003, Member, Governorship and Legislative Houses Election Petition Tribunal No.2 Delta State, 2003.

He has also attended several seminars, workshops and conferences both locally and internationally.

 

Justice Okoro was elevated to the Supreme Court on November 15, 2013.

 

He is currently the fourth most senior justice of the court.

 

Justice Uwani Musa Abba-Aji

Justice Abba Aji is the most ranking female jurist on the apex court bench and the only female of the panel.

 

She was born on November 7, 1956, in Gashua, Yobe State. She attended Central Primary School Gashua and Government Girls Secondary School Maiduguri for her Primary and Secondary Education between 1961 and 1972.

She obtained a Diploma in Law from Ahmadu Bello University Zaria in 1976 and subsequently, an L.L.B Hons from the same institution in 1980. She was called to Bar in 1981 and commenced her career as State Counsel in 1982.

 

Justice Abba-Aji previously held positions of Clerical Assistant (Area Courts Division), Assistant Registrar, Acting Registrar and Higher Registrar between 1973 and 1982. After her appointment as State Counsel in 1982, she rose through various positions becoming an Acting Senior State Counsel in 1984, Senior Magistrate II in 1986, Senior Magistrate I in 1987, Chief Magistrate II in 1989, Chief Magistrate I in 1991 and Chief Registrar in November 1991.

 

She was appointed Higher Court Judge of Yobe State Judiciary in December 1991 making her the first Lady Judge at Yobe State Judiciary, a position she held until July 2004 when she was elevated to the Court of Appeal.

 

Before her elevation to the Supreme Court on January 8, 2019, Justice Abba-Aji was the Presiding Justice, Court of Appeal Kaduna .

Justice Mohammed Lawal Garba

Justice Mohammed Lawal Garba was born on November 16, 1958. He hails from Gusau Local Government Area of Zamfara State.

He attended Demonstration Primary School, Maru from 1965-1971, Government Secondary School, Gusau from 1972 -1976, School of Basic Studies Ahmadu Bello University, Zaria from 1976-1977, Faculty of Law, A.B.U, Zaria from 1977-1980, Nigerian Law School, Lagos, from 1980-1981 and the Nigerian Institute of Advanced Legal Studies (UNILAG) Akoka, Lagos in 1989.

 

He was called to the Nigerian Bar in 1981.

 

He served as Magistrate in the Sokoto State Judiciary from 1982-1986, Deputy Chief Registrar High Court of Justice, Sokoto State from 1989-1991, appointed Solicitor-General/Director-General Ministry of Justice Sokoto State from 1991-1993.

 

He was then appointed a Judge of the High Court of Justice, Sokoto State from 1993-1996. He served as Chief Judge, High Court of Justice, Zamfara State from 1996-2004.

 

In 2004, Justice Garba was elevated to the Court of Appeal and served at various times as the Presiding Justice at Abuja, Calabar, Port Harcourt and Lagos Divisions of the Court from 2010-2020.

 

He has over the years, served on different capacities and bodies, including as; Member Body of Benchers from 1996-2004, Member, Board of Governors of the National Judicial Institute (NJI), Abuja 1996-2004, Member, Legal Practitioners’ Privileges Committee (LPPC) 1997-1999, Member Body of Benchers 2010 to date, Life Bencher 2018 to date.

 

Remarkably, he served as a member of the Presidential Election Panel in 2011 and also as Chairman of the Presidential Election Panel that dismissed the petition that Atiku filed to challenge the election of former President Muhammadu Buhari, in 2019.

 

He was elevated to the Supreme Court on November 6, 2020.

 

Justice Ibrahim Saulawa

Justice Saulawa was born on September 29, 1956 in the ancient city of Katsina. Katina State. He attended both Primary and Secondary Schools in Katsina from 1965 to 1976 after which he proceeded to the Bayero University Kano in September 1977 and graduated in June 1981 with a Bachelor of Law degree.

 

The same year, he proceeded to the Nigerian Law School Lagos and was eventually called to the Nigerian Bar on July 2, 1982.

He began his career with the Ministry of Justice, Kaduna State in August 1982 as a Pupil State Counsel (NYSC: (ii) Secretary, Law Officers (Attorneys – General) Committee of the then 10 Northern States; (iii) a Visiting Lecturer, College of Legal and Extra-Mural Studies, Katsina Polytechnic, Katsina 1982-83

 

He a short private practice, he was made a Magistrate Grade 2 in the Kaduna State Judiciary on September 1, 1983

 

He served as Chief Magistrate, Katsina State Judiciary, 1987 – 1991; Deputy Chief Registrar/ Chief Registrar, Court of Appeal Lagos 1991 – 1994, High Court Judge, Katsina State Judiciary 1994 – 2006.

 

Justice Saulawa was elevated to the Bench of the Court of Appeal on June 10. 2006.

 

He subsequently served as Presiding Justice: Calaber Judicial Division October, 2015 – August. 2018;

Ilorin Judicial Division – September, 2018 – January, 2020 and Port Harcourt Judicial Division – January, 2020 – November 9, 2020.

 

Justice Saulawa was elevated to the Bench of the Supreme Court on November 10, 2020.

 

Justice Adamu Jauro

Justice Adamu Jauro was born on June 26, 1959. He hails from Gombe State. He attended Central Primary School, Gombe, Government Secondary School, Bauchi and the School of Basic Science, Zaria.

 

In 1980, he studied Law at the Ahmadu Bello University, Zaria where he bagged his LLB.

 

Justice Jauro holds a master’s degree in Law from the University of Jos and also has a certificate from the Institute of Advanced Legal Studies.

 

 

After he was called to Bar, Jauro worked with the Ministry of Justice in 1983 and was promoted as Director of Public Prosecution.

 

He served in various capacities before being appointed as a judge of the Gombe State Judiciary where he served till 2007.

 

In 2007, he was promoted to the Court of Appeal and served in Jos, Lagos, Yola, Ibadan and Port Harcourt.

 

Justice Jauro was elevated to the Supreme Court bench in November 2020.

 

Justice Tijjani Abubakar

Justice Tijjani Abubakar, who is a native of Base Local Government Area of Yobe State, was born on April 15, 1960.

 

He attended Gashua Central Primary School and Government Secondary School, Gashua.

 

He later attended the School of Basic Science, University of Maiduguri as well as the University of Maiduguri where he studied Law and graduated in 1982.

 

After graduating from the Nigerian Law School, Justice Abubakar was called to the Bar in 1983.

 

He had worked as Attorney General, Permanent Secretary and Commissioner for Justice of Yobe State at various times.

 

He subsequently went into private practice and set up his own law firm, known as Tijani Abubakar and Co. in 2004.

 

Abubakar returned to public practice with his appointment as a judge of the Federal High Court.

 

In 2012, he was appointed as Justice of the Court of Appeal.

 

He was serving at the Lagos Division of the appellate the court when he was elevated to the Supreme Court bench in 2020.

 

Justice Emmanuel Agim

Justice Emmanuel Agim was born on April 26, 1960, in Obudu, Cross Rivers State.

 

He obtained his first degree, LLB, at University of Calabar, then BL from the Nigerian Law School, Lagos, and subsequently, LLM, from the University of Wolverhampton, United Kingdom.

 

After serving as President of the Court of Appeal of The Gambia, and three years as Chief Justice of The Gambia, Justice Agim was later sworn in as a Justice of the Supreme Court of Swaziland on May 2, 2012 where he served in the first all-black bench in the history of Swaziland and her sister countries- Botswana and Lesotho.

 

On November 5, 2012, he was sworn in as a Justice of the Court of Appeal of Nigeria by the first female Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar.

 

In October 2019, he was elevated to the Supreme Court of Nigeria.

 

It be recalled that both Justice Agim and Justice Jauro, were the two members of the apex court bench that gave dissenting judgements that would have dashed hopes of the immediate past Senate President, Ahmed Lawan to contest the 2023 general election.

 

The duo, contrary to the position of the head of the panel, late Justice Centus Nweze and two other members of the panel, maintained that Lawan was not qualified to contest the Yobe North Senatorial election.

 

The gave their judgement in favour of Bashir Machina, stressing that Lawan was not the validly nominated candidate of the APC for the senatorial contest.

 

Notwithstanding the dissenting judgements of Justices Agim and Jauro, Lawan still survived the sledgehammer as the majority decision of three other members of the panel, favoured him.

 

Police arrest 3 over false alarm on theft of manhood, jungle justice

The Police Command in the Federal Capital Territory (FCT) said it has arrested three suspects in Abuja over a fake alarm on alleged disappearance of male organ.

 

The Commissioner of Police in charge of the FCT, Mr Garba Haruna said this while addressing newsmen on Wednesday in Abuja.

 

He said the suspects were arrested on Oct. 15 following a distress call that one Alhaji Tijani Yakubu of Kabusa village was being lynched by irate youths.

 

Haruna said Yakubu was being lynched over allegation of causing the disappearance of the male organ of one Emmanuel Danladi.

According to him, Police operatives from Kabusa Division swung into action and rescued the injured victim.

 

“The suspect and the victim were subsequently taken to the hospital for medical attention and examination, unfortunately Yakubu was confirmed dead by the medical doctor on duty.

 

“However, the male genital of Danladi who raised the false alarm that his penis had disappeared was confirmed intact and active by the medical doctor.

 

“Danladi is in custody along with two others who resorted to mob action resulting in the death of Yusuf,” he said.

In a related development, the commissioner said operatives of the Command had trailed and arrested a suspected informant and logistics supplier to kidnappers.

 

He said the suspect was arrested on Oct. 17 by the Anti-Kidnapping Unit of the Command following credible intelligence.

 

Haruna said the suspect had confessed to being an informant and food supplier to the bandits terrorising Mpape, Bwari and Byazhin axis of Abuja during interrogation.

 

“For carrying out these tasks, the suspect has been rewarded with a payment of N15, 000 by the bandits.

 

“The suspect is cooperating with the police to arrest other gang members at large,” he said.

 

He said the suspect was also a close associate to the wanted bandit leaders in the area, adding that the suspects would be charged to court upon completion of investigation. (NAN

 

 

Abuja:  The Court of Appeal, has queried the competence of an appeal brought by Gov. Seyi Makinde of Oyo State and others against an FCT High Court order, directing them to pay the outstanding balance of N3.4 billion from the N4.9 billion debt.

The amount is rom a May 7, 2021 judgment of the Supreme Court.

A three-member panel, chaired by Justice Haruna Tsammani at the commencement of proceedings, asked the appellants’ lawyer, Ayodele Akintunde, SAN, if he thought it was proper for the Court of Appeal to sit and review a case that had been decided by the Supreme Court.

The court also asked Akintunde about the time limit given by the Supreme Court, within which the Oyo State governor and other appellants were to fully pay the judgment debt.

The appellate court further questioned the competence of a motion by the appellants seeking to be allowed to pay the debt by instalment, noting that the appeal itself was against a similar installment payment arrangement ordered by the High Court of the FCT.

Responding, Akintunde said the Supreme Court actually ordered the Oyo State Government to pay within three months.

He added that the appeal did not directly touch on the judgment by the apex court, and that the judgement was no longer that of the Supreme Court, but that of the High Court of Oyo State, which was later registered in the High Court of the FCT.

Akintunde added that parties had since compromised the judgement by taking certain steps.

The News Agency of Nigeria (NAN) reports that the N4,874,889,425.60 debt arose from a judgment got against Makinde, the state’s Attorney-General (A-G), the Accountant-General and four others.

The suit was filed by chairmen and councillors elected on the platform of the All Progressives Congress (APC) but sacked on May 29, 2019, by Makinde, upon assuming office.

The Supreme Court, in its judgment, declared the sack of the ex-council chiefs, who sued through 11 representatives, led by Bashorun Majeed Ajuwon, as unlawful.

The apex court then ordered the Oyo State Government to compute and pay them their entitled salaries and allowances within three months of the judgment.

Rather than comply with the judgment, the Oyo State Government paid only N1.5 billion, prompting the judgment creditors (the ex-council chiefs) to initiate a garnishee proceeding against Makinde and others before the High Court of the FCT.
On April 27, Justice A. O. Ebong of the FCT High Court issued a garnishee order absolute, directing Makinde and others to pay the balance of the judgment debt on instalment basis, begining with N1,374,889,425.60 to be paid immediately.
Justice Ebong ordered them to subsequently pay the remaining N2 billion at N500 million quarterly, with the first instalment payable on July 31, 2023, a decision Makinde and others are now challenging at the Court of Appeal in the appeal marked: CA/ABJ/CV/595/2023.
Arguing at the hearing on Monday, lawyer to the ex-council chiefs, Musibau Adetunbi, SAN, regretted that 26 of his clients had since died from poverty and lack of funds to attend to their health, owing to the state government’s failure to comply with the various orders of court made in their favour.
Adetunbi faulted the appellants’ contention that his client could not enforce the judgment through garnishee proceeding because the judgment sum was not reflected.
He drew the court’s attention to a letter written on December 13, 2021 by the Oyo State A-G, where the state put the salaries and allowances due to the ex-council chiefs at N4,874,889,425.60 and pledged to pay everything within six months.
Adetunbi also drew the attention of the court to a letter dated May 8, 2023 written by one of the Oyo State’s bankers, First Bank, and read a portion, where the bank said the N1,374,889,425.60 belonging to the state, which was attached by the garnishee order, would have been paid if not for this pending appeal.
He faulted the appellants’ contention that it was mandatory for the judgment creditors to first obtain the consent of the state’s A-G where funds belonging to a state or its agencies are concerned.

He argued that by their conduct, particularly the December 13, 2021, suggested that the A-G consented to the liquidation of the debt.

Adetunbi, who said the failure of Makinde and others to pay the money was deliberate, urged the court not to indulge the appellants blatant disregard of the nation’s judicial process by dismissing the appeal.

After entertaining arguments from both lawyers, the appellate court consequently reserved judgment in the case after taking arguments from counsel to the parties.(NAN)(www.nannews.ng) /Flowerbudnews