Tag: Court

 

 

The Federal High Court in Abuja has fixed Nov. 26 to hear a motion seeking an order compelling the police to investigate and prosecute Mr Chijioke Nwankwoeze over alleged certificate forgery.

Nwankwoeze, a Director of Lands Administration, Federal Capital Territory Administration (FCTA), is accused of presenting a forged Ordinary National Diploma (OND) certificate from Kwara State Polytechnic, Ilorin.

Justice Ekerete Akpan fixed the date following a motion ex-parte filed by the applicant; the Incorporated Trustees of Dependable Patriots for Nation Building and Transformation Initiative.

The suit, marked: FHC/ABJ/CS/2050/2025, was dated and filed Sept. 26 by its team of lawyers led by Abdulkabir Badmos.

The applicant had sued the Inspector-General (I-G) of Police, Nigeria Police Force (NPF) and Mr Nwankwoeze Williamson Chijioke as 1st to 3rd defendants respectively.

It sought two reliefs, including an order of mandamus compelling the 1st and 2nd defendants to investigate and prosecute the 3rd defendant for the allegations of forgery of statement of result of Kwara State Polytechnic, llorin.

It alleged that the 3rd defendant used the said certificate in gaining employment into the civil service of the federation.

It also sought an order granting leave to the applicant to serve the originating motion on notice, hearing notices and other subsequent processes in the case on the 3rd defendant by substituted means.

The initiative prayed the court to allow the service of the court documents on the officials in the Office of the Director of Lands Administration, Federal Capital Territory Administration (FCTA), No. 4, Peace Drive, Central Business District, Abuja.

Giving 10-ground argument, the lawyer said the initiative is a not-for-profit organisation registered with the Corporate Affairs Commission (CAC) under the relevant laws.

Badmos said part of the objectives of the registration of the initiative is the struggle for the upholding of justice, fight against corruption and promotion of accountability and transparency in public offices.

He said the plaintiff had written a letter to the I-G and NPF, requesting investigations into the allegations of submission of forged/fake statement of result by Nwankwoeze to gain employment into the civil service of the federation.

“The plaintiff had provided the 1st and 2nd defendants with the requisite documentary evidence that discloses triable offences under the relevant laws, but the 1st and 2nd defendants have failed to act till date.

“The 1st and 2nd defendants have the statutory role of investigation and prosecution of offences under the Police Act, 2020, including the allegations of forgery alleged against the 3rd defendant herein,” he said.

According to him, forgery or presentation of fake documents to procure an undue advantage is a serious offence in our country and prosecutory agencies shouldn’t be seen to be shielding public officers from prosecution.

The lawyer said unless the court compels the I-G and NPF to investigate and prosecute Nwankwoeze, they would continue to look away from these grave allegations.

Badmos said there is a reasonable cause to believe that service of the processes on Nwankwoeze’s office would bring the existence of the suit to his attention.

The lawyer, who said the court has the vires to compel the I-G and police to perform their statutory duty, said it is in the interest of justice and good governance to grant the application.

In the affidavit in support of the motion ex-parte, deposed to by the Executive Secretary of the initiative, Comrade Emmanuel Nwosu, he alleged that Nwankwoeze had used the forged result to gain admission into Federal Polytechnic, Oko in Anambra.

Nwosu said the organisation receives anonymous tip-offs and whistle-blowers’ petitions notifying it of any perceived corrupt practices going on in arm of the Nigerian government.

He said in one of those tip-offs, the organisation was reliably informed that the 3rd defendant had forged a statement of result dated 16th Jan., 1997 in respect of award of Diploma in Architectural Technology.

H alleged that the certificate was purportedly from Kwara State Polytechnic, Ilorin, to gain employment into the civil service of the federation.

According to Nwosu, a copy of the said statement of result is attached and marked as “Exhibit C.”

He further alleged that Nwankwoeze had used the fake result to gain admission into Federal Polytechnic, Oko in Anambra.

“That the applicant had on Jan. 15, instructed its solicitors, Ike, Ike & Associates, to write to the Kwara State Polytechnic, Ilorin, seeking confirmation or otherwise of the statement of result being paraded by the 3rd defendant.

“That in reply to the said solicitors’ letter, the Deputy Registrar, Exams and Records of Kwara State Polytechnic, Ilorin confirmed that the said statement of result is FAKE.

“A copy of the registrar’s letter dated 12th March, 2025, is attached and marked as ‘Exhibit D,’” he said.

He said against this background, the organisation wrote a letter to the I-G and NPF, “requesting investigations into the allegations of use and submission of forged/fake statements of result against the 3rd defendant.”

He said all requisite documentary evidence had been provided to the I-G and police but nothing had happened.

Nwosu, who said the police have the statutory role of investigation and prosecution of offences under the various laws, said there is no alternative legal remedy available to the applicants in the circumstances of the case.

He said he knew as a fact that Nwankwoeze, is a public officer and the current occupier of the office of the Director, Lands Administration, FCTA, and by the protocol and practice in his office, he does not receive processes meant for him personally.

He said it would be in the interest of justice to grant the leave to apply for an order of mandamus against the I-G and NPF in the court.

“That a grant of this application will not prejudice the defendants who still have an opportunity to defend the action as they may deem fit,” he said.

 

 

A 36-year- old contractor, Prince Uzo Nwosu has told an FCT Customary Court why he had a carnal knowledge of their housemaid.

Nwosu told the three-member panel of the court headed by its Chairman, Hadiza Attah, in response to the application filed by his wife, Mrs Rebecca Erebi Nwosu, praying the court to dismiss the writ of summons.

According to Nwosu, the petitioner (Nwosu) started dating the house maid after being sex starved by the respondent (Rebecca) and their brief relationship was consensual and voluntary.

He alleged that his wife was only giving him access to her body when she wanted pregnancy.

“And after the birth of the second child, the respondent continuously sex starved the petitioner until she moved out of the matrimonial house,” Nwosu alleged in the petitioner’s reply to the respondent’s answer to the petition and cross-petition.

Also while being led in evidence-in-chief by his lawyer, Thomas Ojo, Nwosu who testified as 4th prosecution witness (PW-4), said his “wife usually sacks the housemaids at every little provocation and in a space of four years, she had sacked 18 housemaids.”

According to him, anytime my children come to visit me with the housemaid and return back to her house, she just sacked them accusing the maids of sleeping with me without any just cause, without making any arrangements for an alternative help.

“And when she (Rebecca) needs to go out late at night, she will leave my children with the security guard at the gate,” he said.

When the lawyer asked Nwosu on why his wife accused him of raping a maid, he said the incident was consensual and not a rape.

“My lord, the reason was that my wife denied me access to her body and I was starved for about four months.

“Because of this sexual incident, my wife reported me to Human Rights Radio i.e. Brekete Family.

“The matter was not aired because the housemaid refused to follow my wife to the Human Rights Radio on the grounds that what my wife was alleging was not true.

“I had planned to marry the said lady (the maid), her name is Mercy.”

When Ojo asked him what informed his decision to want to marry the maid, Nwosu said it was because of the way she loved and cared for his children.

When the lawyer asked him to confirm to the court that he is a prince, Nwosu said: “My lord, I am a prince and by the custom and tradition of my people of Ohuhu , Umahia North, Abia State, I am entitled to marry multiple wives.”

The PW-4, who prayed the court to give his mother the custody of his children, denied that his son had autism contrary to his wife’s allegation.

“That is a big lie, my son does not have autism. He only has a delay in speech which is caused by lack of attention.

“My father spoke at the age of four years, five months and I spoke at the age of four years, three months.

“My son is three years and he is speaking. The mother cannot just handle it.

“There are kids or children who she sees that have spoken earlier than my son. At the age of three years my son already has interest for extracurricular activities.

“Attention that ought to be given to my children by their mother, I now have to pay for it through the maids I employed,” he said.

The petitioner, Nwosu, had, in the suit marked: FCT/JD/CC/TAK/CV/09/2025 and filed at the Customary Court sitting at Takushara, an outskirts of Abuja, prayed the court to dissolve the marriage between him and his wife.

In the suit filed by Ojo, Nwosu said he got married to his wife under Igbo native law, custom and tradition in May 2021 after months of courtship.

He said prior to the marriage, Rebecca pretended to be a good and humble lady worthy to be taken as wife material.

He alleged that it was after his wife got pregnancy in August 2021 that he “started feeling the other side of marriage.”

The marriage was said to produce two children; a boy (3years) and a girl (about 2years).

According to Nwosu, both the petitioner and the respondent are now separated at the instance of the respondent.

He alleged that there had not been conjugal relationship for more than a year, even when they were living together.

He further alleged that his wife denied him the custody and access to their children.

“The respondent is addicted to her wayward life style of clubbing and promiscuity, leaving the children with the estate security guards.

“That the petitioner wept profusely at the bad condition his cherished children have been subjected to by the respondent,” he alleged.

He, therefore, prayed the court to give the custody of their children to his parents, particularly his mother, in the best interest of the children and society.

Nwosu, who is an engineer, said his mother borrowed money to pay the rent for the current apartment where his wife lives with the children of the marriage.

He said he could have paid the rent but ‘the tradition does not allow it otherwise curses will follow him.”

He, therefore, sought three reliefs, including a decree of dissolution of the marriage on the ground that the said marriage had broken down irretrievably.

He sought an order granting full custody of the two children to his parents in the best interest of the children.

Nwosu als sought an order, granting right of visitation of the two children of the marriage to his wife.

But Rebecca, in her response to the petition, vehemently denied getting married to Nwosu under the Igbo customary law in 2021 or any other dates.

Rebecca, who said she is Ijaw by tribe from Kolokuma Opokuma LGA in Bayelsa, said she was born and brought up in her state.

According to her, my marriage to the petitioner was conducted in accordance with the ljaw native law and custom on the 30th day of April, 2021.

She said the marriage took place at her father’s compound situated at No. 49, Tenacious Street, Edepie, Yenagoa in Bayelsa.

She said she first met Nwosu, who was her customer and patronised her clothing business in 2019, but lost contact until 2020 when they reconnected while he (Nwosu) was going through a divorce proceeding with his ex-wife.

“The respondent states that after the petitioner concluded his divorce proceeding, he showed her a divorce certificate and after a lot of persuasions from the petitioner and his family, the respondent agreed to marry him,” the document reads.

She said after traditional marriage, a Christian marriage was conducted on May 1, 2021 at Living Kings Christian Church (LKCC), Yenagoa in Bayelsa.

Rebecca said she had been dutiful, respectful, obedient and a loving wife to Nwosu all along until he revealed his true character “which he had hid all along from her and which was also the reason for his divorce with his ex-wife.”

The respondent, who alleged that Nwosu divorced his ex-wife within a year after their marriage, said she was warned by friends and family not to go into the marriage, but felt he would have learnt from his mistakes.

She alleged that Nwosu was responsible for their separation “when he raped and sexually assaulted one of the housemaids sometimes in July, 2024.”

According to her, the action of the petitioner brought shame; betrayed her love, trust and shattered the marriage, leading to the intervention of both families and third parties which resulted in the parties separating.

Rebecca said she had always given herself to Nwosu and despite birthing two children, her husband allegedly raped one of their housemaids which he confessed to her.

She said contrary to Nwosu ‘s claim, she never denied him access to the children since they separated.

Rebecca, who said Nwosu had acted in a manner that was not in the best interest of the children to be in his custody, alleged that her husband “is a chain-smoker and smokes in the presence of the children.”

She alleged that their son had, once, picked up the cigarette butts from the floor and put in his mouth in imitation of his father.

“The petitioner raped and sexually assaulted a housemaid in the house which makes their daughter who is barely 20 months old unsafe to be with the petitioner unsupervised,” she added.

She said she informed her mother in-law about his smoking habit but to no avail.

She said on numerous occasions she had reached out to Nwosu for his input on the children’s welfare and well-being, including their education, but he had been indifference to her call.

According to her, respondent shall adduce evidence of WhatsApp chats during the trial.

Contrary to Nwosu’s allegation, Rebecca said she “does not do clubbing or live a promiscuous life nor abandon her children to estate security to look after or any other person.”

She said she had been a responsible, hardworking, loving mother and a good role model to her children before and after separating with Nwosu.

She alleged that when she told Nwosu about the health challenge of their son, who is now diagnosed with Autism, he rebuffed in his usual manner.

Rebecca, who alleged that Nwosu was morally corrupt, said this had made it difficult for her to retain domestic workers as they became disrespectful and uncontrollable within a very short time.

“The respondent further avers that the petitioner raped and sexually assaulted one of the nannies in the presence of the children.

“But criminal charges were not pressed, because the victim did not have the wherewithal to pursue the case and the petitioner and his mother used their position and resources to pay her off and close the case.

“Video and audio recordings as well as evidence of bank transfers will be adduced,” she said.

She disagreed with Nwosu ‘s prayer that the children should be given to his mother, saying “the petitioner’s mother has been a stranger in the lives of her children and has demonstrated no regards for their wellbeing.”

According to her, for more than 10 months and still running, the petitioner’s mother has neither visited, checked nor called to ask on the wellbeing of her grandchildren since parties separated in October 2024.

“The petitioner’s parents had an overbearing influence on the marriage and dictated what happens in the parties matrimonial home, even when living in different compounds and often threaten the petitioner with losing his inheritance If failed to adhere to dictates.”

She said it would not be in the interest of the two children for them to be taken away from her and given to her mother in-law, “who had demonstrated little interest in the wellbeing of their grandchildren.”

She alleged that after their marriages Nwosu stopped her from working or continuing with her clothing and fashion business that he would solely provide while she takes care of the family and home front.

She said Nwosu’s advice “put her in a financially dependent position, rendered her financially incapacitated and stopped her from earning a personal income despite being a graduate with a flourishing business.”

Contrary to Nwosu’s traditional belief, Rebecca said her husband and her mother are Christians and do not believe curses would be Inflicted on a father for providing for the upkeep of his children.

She prayed the court to dismiss Nwosu’s claims “save for the order for dissolution of the marriage which has braken down and love lost between the parties because of the disgraceful and infidel lifestyle of the petitioner.”

Rebecca, who prayed the court to dissolve the marriage, urged the court to compel Nwosu to collect the N60, 000.00 bride price paid by him in accordance with Ijaw native law and custom.

She urged the court to make an order granting full custody of the two infant children of the marriage to her until they attain the ages of maturity, in the interest of the children.

She also prayed the court to make an order compelling Nwosu to continue paying school fees and providing educational needs and health insurance for the children until they attain the full ages of maturity, among other reliefs.

Meanwhile, Rebecca’s new counsel, Mike Enahoro-Ebah, has challenged the jurisdiction of the court sitting at Takushara village to entertain the suit

In a motion on notice dated Nov. 4 but filed on Nov. 6, the lawyer sought an order dismissing the suit on the ground of “forum shopping and an abuse of process of court which has otherwise interfered with the course of justice and undermined substantial justice before the honourable court.”

Enahoro-Ebah, who said Nwosu lives at Life Camp while Rebecca presently residents at Dawaki, argued that the cause of action of the suit did not arise from. Takushara village for the case to have been instituted at the court.

However, Nwosu, through his lawyer, Ojo, opposed the application in a counter affidavit filed on Nov. 11.

He asked the court to dismiss the motion and ordered Rebecca to open and conclude her defence, after he called six witnesses to prove his case.

The court has fixed Nov. 20 for ruling on the motion.

 

The Federal High Court in Abuja on Thursday, dismissed a no-case submission filed by former acting Accountant-General of the Federation (AGoF), Anamekwe Nwabuoku,.

He is charged with money laundering offences to the tune of N868 million.

Justice James Omotosho, in a ruling, held that a prima facie case had been made out against Nwabuoku by the Economic and Financial Crimes Commission (EFCC) NDLEA to warrant him to enter his defence.

Justice Omotosho held that the evidence of the prosecution had founded sufficient ground for proceeding with the trial.

“in view of all the exhibits and the evidence of the prosecution, the defendant needs to give some explanations in these regards,” he said.

According to the judge, this is not to say that the defendant is guilty as charged but simply that they be afforded their right to fair hearing and put in their defence before this court.

“I must say here that holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge,” he said

Justice Omotosho said that for Nwabuoku to open his defence was to allow him exhaust the options for his defence and to clear every unresolved issue.

“The defendant is still presumed innocent until proven guilty and the prosecution still has the duty to prove the charge beyond reasonable doubt,” the judge said.

He, however, said that a prima facie case of engaging in money laundering, among other offences, had been established against the ex-AGoF.

The judge, who said that the court was inclined to giving Nwabuoku the opportunity to defend himself, however said that this could be waived expressly or by conduct.

Justice Omotosho consequently adjourned the matter until Nov. 24, Nov. 25 and Dec. 9 for Nwabuoku to open and close his defence.

The News Agency of Nigeria (NAN) reports that the judge had, on Nov. 3, fixed today for the ruling on the no-case submission.

Justice Omotosho fixed the date after counsel for Nwabuoku, Harrison Quakers, and lawyer to EFCC, Ekele Iheanacho, SAN, adopted their processes and presented their arguments for and against the application.

NAN reports that Nwabuoku was admitted to a N500 million bail with two sureties in the like sum after he was arraigned on Jan. 15 on a nine-count amended charge.

The EFCC had, in the charge marked: FHC/ABJ/CR/240/2024, listed Nwabuoku as sole defendant.

In count one of the charge filed on Nov. 27, 2024, the EFCC alleged that Nnabuoku, alongside Temeeo Synergy Concept Limited (at large), Turge Global Investment Limited (at large), Laptev Bridge Limited, Arafura Transnational Afro Limited (at large) and other persons (all at large) conspired to convert funds.

The funds were said to be proceeds of unlawful activities.

The anti-graft agency said the offence was contrary to Section 18 of the Money Laundering Prohibition Act, 2011 as (amended by Act No. 1 of 2012) and punishable under Section 15(3) of the same Act.

Nwabuoku was alleged to have perpetrated the act while he served as the Director of Finance and Accounts in the Ministry of Defence between 2019 and 2021.

Nwabuoku was later appointed acting AGoF on May 20, 2022 under ex-President Muhammadu Buhari after Ahmed Idris was suspended as AGoF over alleged N80 billion fraud.

He was, however, removed in July 2022, few weeks after assumed office.

Sylva Okolieaboh, a Director at the Treasury Single Account (TSA) Department, replaced Nwabuoku as acting AGoF.

Okolieaboh’s appointment followed a report that Nwabuoku was under the radar of EFCC over corruption allegations.

On Jan. 31, 2025, the 1st prosecution witness (PW-1), Eucharia Ezeodi, a Zenith Bank Plc staff, and a director with the federal civil service, Felix Nweke, a PW-2, gave their testimonies against the defendant.

The anti-graft agency, however, closed its case after calling nine witnesses to establish its case against Nwabuoku.

 

*By Chukwunazaoku Chukwuma and Mercy Olaoluwa Olutayo

A Commissioner at the Commission of the Economic Community of West African States (ECOWAS) has dragged the President of the Commission to the ECOWAS Court of Justice (CCJ), seeking the nullification of the President’s decision to “revoke the (Commissioner’s) delegated authority… (and) oversight over the directorates under the Department of Internal Services.”

In suit ECW/CCJ/APP/54/25 of 3rd November 2025, the Applicant, Prof Nazifi Abdullahi Darma, the Commissioner of Internal Affairs, is, through his lawyers, Prof Amos Enabulele Esq. and Michael Agbo Esq., praying the court to determine the “legality” of the decision conveyed in ECW/Memo/30-10-2025/ak issued by the Respondent, the President of the Commission, Dr Omar Alieu Touray, on 30th October 2025.

In the accompanying affidavit and exhibits, the Applicant cited his own memo ECW/CIS/11/01/Nov.25/ab of 3rd November stating that “the disciplinary jurisdiction for Commissioners rests with the ECOWAS Council of Ministers, the appointing authority.”

He said “the unilateral revocation of powers and request for replacement (of the Commissioner), without recourse to the Council, or a disciplinary process established by the Council or the Authority of (ECOWAS) Heads of State violates the provisions of Article 18(3) (b)-(d) and Article 19(4) of the ECOWAS 2006 Supplementary Protocol (A/SP.1/06/06)…”

According to the Applicant, the ECOWAS Commission “is designed to function as a college of Commissioners,” under the “principles of collegiality and limits of presidential authority.”

He also cited Memo ECW/Memo/15.09.25/ak of 15th September on the “President of the Commission’s unilateral allocation of the functions reserved for Commissioners to his personal appointee from the same Member State as him,”  in “violation of all relevant ECOWAS laws, including the Revised Treaty 1993, the Supplementary Protocol 2006 (and) Supplementary Act 2020.”

The Applicant said that following the departure of a Commissioner from one of the AES, Alliance of Sahel States, the ECOWAS Council of Ministers at a meeting in Accra, Ghana on 22-23 April 2025, directed that the “portfolio of the Commissioner be distributed among existing Commissioners after “discussion of the modalities by the President of the Commission and (other) Commissioners.”

“The President neither called a meeting to discuss the matter nor consulted on it before he suddenly and unilaterally sought to impose his Cabinet Minister as a replacement” for the departed Minister…,” the Applicant said. “This effectively gave The Gambia two Commissionership slots viz, the President of the Commission and his appointee from The Gambia.”

The Applicant said, “I decided to uphold my oath of office and refused to recognise the illegality,” and reported the President’s decision to the Chairman of the Council of Ministers “vide a Memo ECW/CIS/10/12/03T25/ab of 15th October 2025.”

In response, the Applicant said the President of the Commission served him ECW/Memo/30.10.25/ak “headed, Revocation of all Delegated Authority…”

He said the President in his memo made “various unfounded allegations,” including the “…(Applicant’s) persistent insubordination, uncooperative attitude and total failure to deliver in areas assigned to you,” and also, directed “…to put a stop to your hostility and abuse towards staff under you as well as statutory officials, such as the Auditor General of ECOWAS Institutions, the Vice President of the Commission and myself.”

The Applicant said the President “has no authority whatsoever to exercise disciplinary powers over a Commissioner…” adding that such powers rested with the Council of Ministers and, “To date, I have not been formally referred to the Council, nor invited to respond to, or defend myself against any of the allegations mentioned in (the Defendant’s) memorandum.”

The suit said the Applicant’s “hard-earned reputation was injured and irreparably shredded by the unsubstantiated allegations,” while the “tenor and widespread distribution of the (Respondent’s) memo have caused the Applicant and his family substantial distress since the 30th day of October 2025.”

Citing various instruments, including the Revised ECOWAS Treaty of 1993, the Staff Regulations revised in 2021, Personal Data Protection, the Rules of Procedure and decided cases, the Applicant is seeking several Declarations and Orders by the Court, including: that the “document ECW/Memo/30.10.25/ak is unlawful, illegal and therefore, null and void and of no effect whatsoever, for violating the Applicant’s right to a fair hearing.

The suit is also seeking an Order by the court “directing the Respondent to pay the sum of twenty million U.S. dollars (US$20 million) as special and general damages for the pain and suffering the Applicant has endured from the denigration of his person, violation of his right to a fair hearing, and his confidentiality and privacy.”

Furthermore, the suit is praying the Court for “An Order directing the Respondent to pay the Applicant all his emoluments, allowances or any other financial loss that is consequential upon the Memo of 30th October 2025,” and “such further orders that the Court may deem fit to make in the circumstances of the suit.”

The Applicant seeks an expeditious hearing of the suit.

He is also paying the Court to issue an Interim Order “restraining the Respondent and all his agents from unlawfully removing, sacking or delegating the core (or any other) responsibilities of the Applicant as ECOWAS Commissioner of Internal Services, to unauthorised persons without observing due process as established under the Revised ECOWAS Treaty 1993 (as amended), the Rules of Procedure of the Commission and in gross violation of the enshrined Treaties and the African Charter of Human and Peoples’ Rights, pending the hearing and determination of this suit.”

The Court has not fixed a date to hear the suit, but has given the Respondent 15 days from the 3rd of November to enter a defence.

The Touray-led ECOWAS Commission has a few months left in its four-year mandate.

In September, a Nigerian citizen and the Centre for Community Law, an NGO, sued the President of the Commission and the Council of Ministers at the CCJ, challenging ECOWAS’ decision to retain in its employment some staff members from Mali, Burkina Faso and Niger, AES countries, which have withdrawn their ECOWAS membership.

Following the suit ECW/CCJ/APP/47/25 dated 22nd September 2025, the Commission has reportedly given all AES citizens employed by ECOWAS until April 2026 to disengage.

It is under the Commission’s management that three AES States withdrew their membership of ECOWAS in January 2023, while the junta in a fourth military-ruled member, Guinea, plans political transition elections in December.

Also, recent interviews conducted or scheduled to fill some key vacant positions at the Commission or Community Institutions have run into hitches, amid staff petitions in a few cases, and what inside sources called unnecessary disagreements among some statutory officials.

*The Authors are researchers at the Centre for Community Law*

 

Suspended DCP Abba Kyari, on Wednesday, told the Federal High Court in Abuja that his late father left over 20 houses for his children in Maiduguri, Borno.

Kyari, who is facing a charge bordering on allegations that he failed to disclose some of his multi-million assets in line with the law, told Justice James Omotosho.

The former head of Police Intelligence Response Team (IRT) stated this while being cross-examined by counsel to the National Drug Law Enforcement Agency (NDLEA), Sunday Joseph, in the ongoing trial.

He, however, said that some of the property were sold in order to treat his father during his illness.

“About four of the properties were sole then,” he said.

Kyari, who said he had Bsc in Geography and joined the Nigerian Police Force on May 1st, 2000, admitted that he knew more about asset declaration form.

When the NDLEA lawyer asked him to take a look at his asset declaration form and tell the court if there was any part in the document where he disclosed his interest in the 20 property left by his father, he said he could not have done that since the property did not belong to him.

“I cannot put my interest about the property in the form because the 20 houses belong to my father and not me.

“If I get my percentage of share, I can put it but until when I get my own percentage,” he said.

He said he could not include his father’s assets, which belong to the entire family, in his asset declaration form.

Justice Omotosho then said such issue on whether one can declare one’s family property in one’s asset declaration form, would be addressed in the final written address.

He said all the property left behind by his father belonged to all the children, who were about 30 in number.

He said some of the assets were sold and the money realised from the sale was given to some of the children who were in need.

Kyari said he initially declined to fill the asset declaration form when the NDLEA officers invited him because he demanded that his lawyers must be there with him.

“Yes, I said I will not make statement until my lawyers are around,” he added.

He admitted that one of the officers told him that it was a criminal offence to refuse to fill the form.

The lawyer also brought some exhibits, including banks’ documents, and Kyari confirmed his name to be on them.

After Joseph asked some questions, he sought an adjournment to enable him get the requested documents with which he plans to further cross-exanine Kyari, who is the 1st defence witness (DW-1).

Justice Omotosho then adjourned the matter until Nov. 12 for continuation of the cross-examination of the DW-1.

Earlier on Wednesday, the ex-head of IRT concluded his testimony while being led in evidence by his lawyer, Onyechi Ikpeazu, SAN.

He maintained that he declared all his assets and that of his wife’s too in accordance with the law.

He insisted that some of the assets listed by the prosecution in the charge belonged to his late father.

He said all the millions of naira found in his accounts were monies paid into his accounts by the police and some state governors where his team carried out operations.

Kyari told the court that within the period he held sway as commander of Anti-Robbery Squad and head of IRT of the police force, over 1000 operations were carried out with monies paid into his account for disbursement.

When he was asked why the money sent to his account by the Central Bank of Nigeria (CBN) was transfered to his relatives, the DW-1 said the monies were used to settle loans he took from them for operations because it takes longer time for the police to release funds due to the bottlenecks in the processes.

He said since operations require urgent funds, he decided to seek the loans.

Kyari opened his defence on Tuesday after the no-case submissions filed by him and his two brothers were refused.

Justice Omotosho had, on Oct. 28, dismissed a no-case submission application filed by Kyari and his two brothers in a charge filed against them by the NDLEA.

The judge, in a ruling, held that a prima facie case had been made out against the defendants to warrant them to enter their defence.

According to the judge, this is not to say that the defendants are guilty as charged but simply that they be afforded their right to fair hearing and put in their defence before this court.

“The defendants are still presumed innocent until proven guilty and the prosecution still has the duty to prove the charge beyond reasonable doubt,” the judge said, citing Section 135 (1) of the Evidence Act, 2011.

The NDLEA, in the 23-count charge, alleged that Abba Kyari, Mohammed Kyari and Ali Kyari failed to make full disclosure of their assets.

The anti-narcotics agency, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”

The NDLEA said the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.

After the defendants were arraigned, the NDLEA called 10 witnesses to prove their case and tendered at least 20 exhibits.

The defendants then elected to make a no-case submission after the prosecution closed its case.

Kyari, in his written address by his lawyer, Dr Obinna Onyia, argued that the NDLEA had failed to provide evidence showing indeed that he was the owner of the said property.

Citing Section 128 of the Evidence Act, Kyari submitted that “transactions over state lands can only be proven by production of certified true copies of the title documents and no other form of evidence in admissible,” among other arguments.

 

Suspended DCP Abba Kyari, on Tuesday, denied ownership of some of the property linked to him by the National Drug Law Enforcement Agency (NDLEA) in the ongoing trial bordering on alleged non-disclosure of assets.

Kyari, who opened his defence before Justice James Omotosho of the Federal High Court in Abuja, said some of the property belonged to his late father, who had about 30 children.

He stated this while being led in evidence as 1st defence witness (DW-1) by his lawyer, Onyechi Ikpeazu, SAN.

The defendant, who expressed surprised on the allegations, told the court that the documents of the assets are with the Ministry of Land in Borno.

He also refuted the allegations that he owned the polo ground in the state, saying he was surprised that the large expanse of the polo ground would be linked to him.

“Even Dangote who is the richest man in Nigeria does not own such a property, how much more someone like me.

“The polo ground has been in existence even when I was a childhood. We used to go there to play,” he said.

Kyari, however, admitted ownership of a farmland located along Abuja-Kaduna Road, saying he had been on the farm in the last one decade.

He equally admitted that he operated accounts with United Bank for Africa (UBA), Access Bank and Guarantee Trust Bank (GTB), and that the over 7, 000 pounds found in his domiciliary account was earlier declared in line with the law.

He said his accounts were frozen by the prosecution.

Kyari, who told the court that he was not part of the team that went to arrest the two drug traffickers at the Akanu Ibiam, International Airport in Enugu States, alleged that the NDLEA officers at the airport were indicted in the act.

He said he was not arrested as a result of the allegations against him but he submitted himself for investigation through his office.

Kyari, who said he was the head of Police Intelligence Response Team (IRT) at the time, said several high profile criminals was arrested by his team.

Justice Omotosho adjourned the matter until Nov. 5 for continuation of the trial.

Justice Omotosho had, on Oct. 28, dismissed a no-case submission application filed by Kyari and his two brothers in a charge filed against them by the NDLEA.

The judge, in a ruling, held that a prima facie case had been made out against the defendants to warrant them to enter their defence.

According to the judge, this is not to say that the defendants are guilty as charged but simply that they be afforded their right to fair hearing and put in their defence before this court.

“The defendants are still presumed innocent until proven guilty and the prosecution still has the duty to prove the charge beyond reasonable doubt,” the judge said, citing Section 135 (1) of the Evidence Act, 2011.

The NDLEA, in the 23-count charge, alleged that Abba Kyari, Mohammed Kyari and Ali Kyari failed to make full disclosure of their assets.

The anti-narcotics agency, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”

The NDLEA said the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.

After the defendants were arraigned, the NDLEA called 10 witnesses to prove their case and tendered at least 20 exhibits.

The defendants then elected to make a no-case submission after the prosecution closed its case.

Kyari, in his written address by his lawyer, Dr Obinna Onyia, argued that the NDLEA had failed to provide evidence showing indeed that he was the owner of the said property.

Citing Section 128 of the Evidence Act, Kyari submitted that “transactions over state lands can only be proven by production of certified true copies of the title documents and no other form of evidence in admissible,” among other arguments.

Kyari, alongside other four suspended police officers, is equally facing another trial before Justice Emeka Nwite on alleged cocaine deal.

The two of the drug traffickers; Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were arrested by the IRT, were convicted and sentenced to two years’ imprisonment by Justice Nwite in 2022.

 

The Federal High Court in Abuja has awarded a fine of N500, 000 against Abuja Electricity Distribution Company (AEDC) over its failure to furnish a lawyer, Festus Onifade, with information requested in line with provisions of Freedom of Information (FoI) Act, 2011.

Justice Gladys Olotu, in a judgement, held that the refusal of the AEDC to furnish the Onifade and the co-applicant with the information in its custody was wrongful, unlawful and unconstitutional.

Justice Olotu, who said she found merit in the applicants’ application, also made an order compelling the company to furnish them with the information requested for in their letter dated 18th Jan. 18, 2023, within seven days of the order of the court.

The News Agency of Nigeria (NAN) reports that the applicants; Onifade, suing for himself and on behalf of Coalition of Nigeria Consumers, as 1st and 2nd applicants, had instituted the case.

The motion on notice was filed on Feb. 22, 2023, pursuant to Sections 1, 2, 5, 7 and 20 of FoI Act, Order 34, Rule (1) of the Federal High Court (Civil Procedure) Rules 2019, Section 76(12) of the Electric Power Sector Reform Act and under the inherent jurisdiction of the court.

The applicants, who sued AEDC as sole respondent in the suit marked: FHC/ABJ/CS/244/2023, sought four reliefs.

They sought a declaration that by Section 2(7) of the FoI Act 2011, the respondent (AEDC) is a public institution within the meaning and intendment of the Act.

They sought “a declaration that the refusal by the respondent to furnish the applicants with the information in its custody is wrongful, unlawful and unconstitutional,” among others.

Giving six grounds, Onifade and his co-applicant averred that they made the request for information from AEDC under the FoI Act, 2011.

They said AEDC, in its letter dated Jan. 24, 2023, refused the request that it was not bound by the FoI Act, 2011.

They said they had approached the court for a judiciary review, and that the rules of the court provides for such application.

They said it would be in the interest of justice to grant the application

The AEDC, in its counter affidavit dated May 24, 2024, told the court that its response was not a refusal to oblige the applicants of their request.

The company argued that it was rather in consonance with the demands of the extant law, under which the applicants brought their application.

“It is therefore absolutely incorrect for the applicant to conclude that his request (which he has not gone to receive) has been denied.

“As it is not the place of the right respondent to fetch whatever information demanded for and take it cap in hand to the location of the applicant.

“It would have been different had the applicant visited the respondent in demand for his request and he was denied.

“Or if the applicant has forwarded an address for delivery of his request and it was no sent.

“The cost of N500,000.00 naira being sought against the respondent is unwarranted as the Freedom of Information Act has not been breached by the respondent,” it said.

Delivering the judgment on Sept. 23, the certified true copy of which was made available to NAN on Monday, Justice Olotu resolved all the issues in favour of Onifade and Coalition of Nigeria Consumers.

“From the affidavit evidence before this court and as admitted by the applicants and not controverted by the respondent, it is clear that the Federal Government holds 40% equity in the respondent company, while 60% is held by a private entity.

“It is also not in dispute that the respondent is licensed by the Federal Government to distribute electricity to the public and operates as a utility company across several states, including the Federal Capital Territory.

“It is true as contented by the respondent that the applicants did not support their averments in their affidavit in support with documentary evidence.

“I am however of the view that this lacuna is not fatal to the applicants’ case because the facts about the Federal Government’s ownership of 40% stake in the respondent and also that the respondent is licensed by the Federal Government to distribute electricity to Nigerians is notorious in the public domain.

“I therefore take judicial notice ot these facts and hold that the applicants’ case will not be affected negatively by the omission in their case,” she said.

According to the judge, the question, then, is whether the respondent falls within the purview of a “public institution” under the Freedom of Information Act.

“This court answers in the affirmative,” she said.

“Accordingly, I find and hold that the respondent is subject to the provisions of the Freedom of Information Act, 2011, and its refusal to provide the requested Information on the basis that it is not bound by the Act is unlawful.

“I hereby resolve this issue in favour of the applicants and against the respondent” the judge declared.

Justice Olotu consequently held that the applicants were entitled to the information requested, and AEDC is under a legal duty to provide same in line with the provisions of both the FoI Act and Section 76(12) of the Electric Power Sector Reform Act

Onifade, however, alleged that more than a month after the judgement, AEDC had neither furnished him with the requested information nor paid the N500, 000 fine.

The lawyer, in a chat with NAN, said the company had not also filed an appeal or a stay of execution of the court judgment.

“The court specifically said AEDC should comply with the order within seven days.

“As it stands now, they are in contempt of the court judgment,” he said.

Two firms; PSC Industries Limited and OGB-Tech Nigeria Limited, have alleged that the Energy Commission of Nigeria (ECN) has ignored of the Attorney-General of the Federation (AGF)’s directive asking it to settle a judgment debt being owned.

The firms, in a fresh court filling, claimed that eight months after the Minister of Justice (MJ), Mr Lateef Fagbemi, SAN, intervened, ECN is yet to comply with the directive.

The AGF’s intervention was informed by a Feb. 4 letter by the law firm of Prof. Yemi Akinseye-George, SAN & Partners, lawyers to PSC and OGB-Tech.

The lawyers had sought the minister’s consent to garnishee ECN’s bank accounts to satisfy the judgment debt.

The judgment debt was put at N157,035,350.00 in addition to 10 per cent annual interest from Nov. 5, 2018 until full liquidation of the judgment debt and accrued interest.

The judgment debt arose from the ECN’s failure to pay both firms for the contracts they executed for it, leading to a dispute which culminated in a judgment given against ECN by the Supreme Court on June 7, 2024.

The ECN had awarded contracts to the two firms for the execution of solar energy projects.

PSC was awarded two projects known as Jarkum project and Agoloma project, while OGB-Tech also got two, known as Obokun project and Batagarawa project.

The two firms, in documents filed before the HIgh Court of the Federal Capital Territory (FCT), accused the ECN of failing to pay for their services after they duly executed the projects and requested for payment.

In a judgment on Nov. 5, 2018 in the suit marked: FCT/HC/CV/1740/2915, the High Court of the FCT, upheld the plaintiffs’ case as prosecuted by their lawyers, Mrs. Olaide Akinseye-George and Kelvin Mejuku.

The FCT HIgh Court ordered ECN to immediately pay the firms their monetary clams, in addition to 10 per cent interest on the judgment sum until the final payment of the judgment debt.

ECN appealed the FCT High Court’s judgment to the Court of Appeal in Abuja, which in a judgment on Sept. 6, 2022, in the appeal marked: CA/A/283/2019, affirmed the decision of the High Court of the FCT.

Again, the ECN appealed to the Supreme Court, in an appeal marked: SC/CV/1584/2022.

In its judgment on June 7, 2024 the Supreme Court dismissed ECN’s appeal, describing it as unmeritorious.

Justice Habeeb Abiru, in the lead judgment, said: “This appeal has no iota of merit and it is in fact, an appeal that should never have found a space in the hearing calendar of this court. It is hereby dismissed.

“The judgment of the Court of Appeal, delivered in Appeal: No CA/A/283/2019 on the 6th of September, 2022, and which affirmed the judgment of the High Court of the Federal Capital Territory, delivered in suit: No FHC/HC/CV/1740/2015 on the 5th of November, 2018, is upheld.

“The first and second respondents are awarded the costs of this appeal assessed at N500,000.”

After several demands on ECN to comply with the judgment of the Supreme Court, without success, the firms, through their lawyers, wrote to the AGF for consent to garnishee ECN’s bank accounts in a bid to recover the judgment sum.

The letter was dated Feb. 4.

In one of the letters of demand sent to the Director General/Chief Executive Officer of the ECN, dated April 11, the firms put the judgment debt at N157,035,350.00 in addition to N138,208,883 being the accrued 10 per cent interest as at April 11, 2025, totalling N295, 245, 233.00.

In response to the letter by the firms, the AGF agreed that the firms were entitled to be paid and wrote the ECN to settle the judgment without delay.

The letter, dated March 24 was written on behalf of the AGF/MJ by the Director, Civil Litigation and Public Law Department, Federal Ministry of Justice, Mrs Maimuna Lami Shiru.

Part of the AGF’s letter reads: “The Attorney-General of the Federation and Minister of Justice (AGF/MJ} is in receipt of a letter, dated 4th February,2025 from Prof Yemi Akinseye-George , SAN & Partners.

“Kindly be advised that it is expedient for the Energy Commission of Nigeria (ECN) to endeavour to settle the matter amicably with the judgment creditor in the absence of any legal impediment”.