Tag: Court

A Federal High Court in Abuja has transferred a N1.60 billion suit filed by Rite Foods Ltd, the manufacturer of Fearless Energy Drinks, against Mamuda Beverages Nig. Ltd, to the chief judge for reassignment.

This was made known on Wednesday when the matter, which was before Justice Emeka Nwite, was called for hearing.

The suit, which was on number 19 on the cause list, could not go on.

When Justice Nwite called the attention of the registrar to the case after it was not called, she told the judge that since the matter was brought during the Easter vacation, it had been transferred back to the CJ for reassignment.

The News Agency of Nigeria (NAN) reports that Rite Foods Ltd, in a fresh suit filed by its team of lawyers led by Oyetola Oshobi and Boonyameen Lawal, had instituted the case over allegations bordering on trademark infringement.

The company also sought an order of perpetual injunction restraining the company from further producing Pop Power Energy Drinks with a similar resemblance to its products.

In the writ of summons marked FHC/ABJ/CS/705/2025 filed on April 14 before Justice Emeka Nwite of the Federal High Court, Abuja Division, the plaintiff sued Mamuda Beverages, a Lebanese firm based in Kano, as the sole defendant.

The plaintiff, which has its registered trademark number as 38227 and its registered design number as NG/DS/NT/2020/1099, sought 10 reliefs.

It sought an order of perpetual injunction restraining Mamuda Beverages, its directors, distributors or any other person from infringing its registered trademark by engaging in the trade or business of manufacturing, supplying, distributing or selling the drinks in Nigeria.

Rite Foods Ltd prayed the court for an order for the delivery up for the destruction of the offending Pop Power Energy Drink products and all other products held to infringe on its registered design and trademark in the defendant’s possession, custody, and/or control.

It sought general damages of N1 billion for injury suffered by the plaintiff due to the defendant’s infringement and unlawful use of the plaintiff’s registered design and trademark and the cost of the suit for N60 million.

Rite Foods said its novelty design and aesthetic of the “Fearless” energy drinks were registered as an industrial design under the Patents and Designs Act on 24 August 2020 by the registrar of patents and designs.

According to the plaintiff, the defendant’s imitation, though in a smaller 330ml bottle, bears striking similarities in shape, colour, and logo placement, leading to widespread confusion among consumers and retailers, some of whom have referred to the infringing product as “small Fearless”.

According to the firm, the defendant is producing Pop Power Energy Drinks in commercial quantities for public purchase.

Against this development, Rite Foods Ltd filed a fresh suit against Mamuda Beverages Nig Ltd.

But in its preliminary objection, Mamuda Beverages urged Justice Nwite to dismiss the suit as an abuse of the court process.

Through his lawyer, Offiong Offiong, the company argued that Rite Foods Ltd had filed a similar suit marked FHC/ABJ/CS/139/2025 before Justice Ekwo.

The defendant said that the case instituted on January 28 by the plaintiff via a motion ex parte, motion on notice, and a writ of summons had the same parties in the instant suit.

It admitted that on January 31, Rite Foods’ ex-parte application was granted, and the company executed the same on February 10.

Mamuda Beverages also admitted that the parties subsequently compromised and settled the suit on terms of settlement adopted on March 4 and entered as consent judgment by Justice Ekwo.

“The honourable court is functus officio in respect of the subject matter and lacks the jurisdiction to adjudicate the complaints of the plaintiff in this suit,” it argued.

Nwite had fixed May 28 for the hearing of the preliminary objection of Mamuda Beverages Nig Ltd.

 

The Federal High Court in Abuja has fixed June 4 for the arraignment of Halima Buba, Managing Director/Chief Executive Officer (CEO) of SunTrust Bank Ltd, over alleged money laundering to the tune of 12 million U.S dollars.

Buba will be arraigned by the Economic and Financial Crimes Commission (EFCC), alongside Innocent Mbagwu, the bank’s Executive Director/Chief Compliance Officer, before Justice Emeka Nwite.

The News Agency of Nigeria (NAN) reports that though the defendants were scheduled to take their plea on Tuesday, the planned arraignment could not proceed due to the absence of the duo in court.

The EFCC is prosecuting the two top bank’s executives for alleged conspiracy and aiding cash payments to different persons involving millions of dollars beyond the prescribed threshold without passing through a financial institution contrary to Section 21(a), 2(1), and 9(1)(d) of the Money Laundering (Prevention and Prohibition) Act, 2022, and punishable under Section 19(2)(b) of the same Act.

When the matter was called, prosecution counsel Ekele Iheanacho, SAN, informed the court that the matter was slated for arraignment, but the defendants were not in court.
He said the anti-graft agency had been unable to effect service of the charges on the defendants.
“My lord, the prosecution has not been able to serve the defendants.
“Ironically, they are apparently aware of today’s proceedings as their legal representatives are in court.
“My learned brother silk informed me earlier that they are willing to receive the service on behalf of their clients.
“We do not oppose this but we wish to comply with Section 382(5) of the Administration of Criminal Justice Act (ACJA), 2015 which requires us to bring an application for substituted service by way of an ex parte application.
“This can be taken before the next adjourned date, and both parties have agreed that the arraignment can be rescheduled for June 4, 2025,” Iheanacho said.
The lawyer therefore sought an adjournment, subject to the court’s convenience to June 4 for arraignment.
Responding, counsel to the defendants, Johnson Usman, SAN, told the court that his clients were not properly served and only learned of the arraignment via social media.
“Our clients instructed us to appear in court because they read about the case on social media.
“They have not been served. We approached the learned silk for the prosecution and undertook to accept service on behalf of our clients.
“We asked him to serve us, but he refused.
“My lord has made several orders in similar matters allowing service through legal representatives.
“We are here and are pleading with the court to direct that service be effected on us.
“We are ready to appear with our clients on the next adjourned date,” he said.
Usman expressed concern that if the court did not direct service on counsel, the prosecution might resort to arresting and parading the defendants in the media.
In his rebuttal, Iheanacho argued that such fears were speculative.
“My lord, the court cannot make that order now until a formal application is brought.
“The fear expressed by the defence is speculative. The court does not dwell on speculation.
“We do not want to create a landmine where the issue of service could later become a basis to challenge the jurisdiction of this honourable court.
“It is better to make haste slowly, as over-speeding kills. Until the court grants substituted service, the prosecution reserves the right to arrest the defendants if found,” the EFCC’s lawyer said.
Justice Nwite subsequently adjourned the matter until June 4 after taking the arguments of the parties.
The judge equally directed the prosecution to file and bring its application for substituted service on counsel to the defendants on or before May 29.

The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.

FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.

The News Agency of Nigeria (NAN) reports that FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme,

General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
NAN earlier reported that the matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
NAN reports that the Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorisation of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.

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The absence of Justice Obiora Egwuatu of the Federal High Court in Abuja on Tuesday, stalled the 150 million dollars suit filed by a Nigerian, Chianugo Peter, against Google LLC and GoDaddy.com LLC.

Peter had filed the suit over allegations bordering on the shutdown of his YouTubeAudio.com domain name after eight years of promotional and marketing efforts in breach of the contract.

Justice Egwuatu had fixed today for the defence to cross-examine Peter after he was led in evidence virtually on the last adjourned date by his lawyer, Emmanuel Ekpenyong.
However, the matter, which was on number 7 on the cause list, could not proceed due to the judge’s absence.
The case was subsequently adjourned until July 16 for hearing.
Peter, through his lawyer, named GoDaddy.Com LLC and Google LLC as the 1st and 2nd defendants in the suit filed on April 14, 2023 and marked: FHC/ABJ/CS/238/2023
In his earlier originating summons filed by Ekpenyong of the law firm of Fred-Young & Evans LP, the Nigerian sought a $150 million in compensation from Google LLC and GoDaddy.com LLC for the alleged cyberspace contract breach.
The plaintiff alleged that the defendants shut down his domain and business name: YouTubeAudio.com and transferred the rights over the name to Google LLC, an American multinational technology company.
Google LLC, in its initial statement of defence dated Nov. 9, 2023, and filed Nov. 10, 2023, by its lawyer, Mark Mordi, SAN, of the law firm of Aluko & Oyebode, urged the court to dismiss Peter’s suit as being unmeritorious and lacking in merits.
Justice Egwuatu had, in April 2024, gave the plaintiff go-ahead to amend his originating processes after his lawyer moved the application for same and it was not opposed by the defence counsel.
In his amended statement of claim dated April 29, 2024, Peter sought ten reliefs.
He sought a declaration that GoDaddy.com was wrong to shut down the YouTubeAudio.com domain name on Dec. 7, 2022 and that Google was wrong to remove “YTAudio” with its website youtubeaudio.com from its Google PlayStore on Dec. 25, 2023 without adequate compensation to him.
He said this is notwithstanding that YouTubeAudio.com domain and business name is different and distinct from YouTube trademarks.
He wants the court to declare that he is entitled to compensation from the defendants for the loss of the YouTubeAudio.com brand and goodwill which has accrued on the brand and domain name for eight years of promotional and marketing works from July 2, 2015 to Dec. 7, 2022.
He sought an order directing the defendants to pay the sum of $50 million to him for promotional and marketing works on the YouTube Audio business name and YouTube Audio.com domain name for eight years from July 2, 2015 to Dec. 7, 2022.
He sought a $100 million in damages for loss of anticipated profits associated with the brand equity and goodwill of YouTube Audio and YouTube Audio.com domain name.
Peter also sought from the defendants, the sum of 50 million naira to enable him to carry out fresh registrations of its new name and secure an alternative domain name to host its application to attract users.
The Nigerian sought an order directing the defendants to pay the sum of 10 million naira to him for prosecution of the suit.
Alternatively, Peter prayed the court for an order for GoDaddy.com to reinstate and hoist the YouTubeAudio.com domain name which was shut down on Dec. 7, 2022 and for Goggle to also reinstate YouTubeAudio.com on its Google PlayStore platform which was unilaterally removed on Dec. 25, 2023.
He submitted that he acquired rights over YouTubeAudio.com domain name from Go Daddy.com LLC who conducted a search before confirming that he could make use of the name.
The plaintiff averred that he promoted the domain and business name from 2014 to 2022 and even wrote to Google to introduce YouTubeAudio’s services and to partner with it in 2014 and 2021 but received no response from it on both occasions.
He said in February 2021, he applied for and YouTubeAudio.com was registered on Google Adsense platform for displaying advertisement on the website.
Besides, Peter said in August 2021, the domain and i business name was registered on Google Playstore.
According to him, the plaintiff consistently paid GoDaddy.com LLC for registration and use of the domain name from 2015 to 2022.
But Google LLC, in its amended statement of defence and counterclaim dated and filed May 31, 2024, averred that its registration of the YOUTUBE trademarks at the Trademarks Registry gives it the exclusive night to the use of the said trademarks.
It submitted that it has incurred expenses in the sum of 24,040 64 dollars in dealing with Peter’s “deliberate infringement of the counterclaimant’s YOUTUBE trademarks.”
The company, therefore, sought a declaration that Peter’s registration and use of the YouTubeAudio business name with BN 2395035 at the CAC is an infringement of its YOUTUBE registered trademarks.
It prayed the court for an order directing Peter to pay the company the total sum of $24,040.64 being the expenses incurred in dealing with his infringement of the YOUTUBE registered trademarks.
It equally sought an order directing the plaintiff to pay the company the cost of defending the suit.
In his amended reply to Google’s amended statement of defence dated 12th July 2024, Peter responded that it is not in doubt that Google LLC owns YouTube trademarks, however, YouTubeAudio is distinct and different from YouTube trademarks.
He submitted that Google LLC, being a foremost search engine in the world, knew that he had earlier written to it, that he was making use of the YouTubeAudio domain name for the past eight years without any objection or caveat by either GoDaddy.com or Google.
“Hence, Google LLC is estopped from claiming any right over the YouTubeAudio domain name,” he said.
GoDaddy.com LLC had neither filed any process nor represented in court.

 

 

The suspension of Justice Inyang Ekwo of a Federal High Court in Abuja stalled the Economic and Financial Crimes Commission (EFCC)’s money laundering case against former Anambra Governor, Willie Obiano.
The National Judicial Council (NJC) at its 108th meeting held between April 29 and April 30, suspended Justice Ekwo.
Although the Chief Judge of FHC, Justice John Tsoho, in his May 18 press release, directed Justice M. G. Umar from Enugu Judicial Division to take over cases earlier presided over by Justice Ekwo, the new judge is yet to resume work.
A check at the court on Monday showed that sitting was yet to begin as directed by the CJ.
Obiano was Anambra governor between March 2014 and March 2022.
The former governor, in a nine-count charge, was alleged to have among others, misappropriated over N4 billion from the state’s treasury.
It would be recalled that the EFCC’s lawyer, Sylvanus Tahir, SAN, led two witnesses in evidence in the trial of the ex-governor on Oct. 7, 2024.
A former commercial bank staff, Mr Ugochukwu Otubelu, had revealed how he managed the security vote account under Obiano’s government.
Otubelu, the 3rd prosecution witness (PW-3), said though he was with the bank between Nov. 2, 2008 and March 24, 2023, he said he is now a businessman.
He said that the signatories to the security vote account were the former Principal Secretary to the ex-governor, Willy Nwokoye, and the Accountant, Theophilus Nweze.
He said he interfaced with them mostly on daily and weekly basis in processing their transactions.
The PW-3, who admitted that funds from the security votes account went into six companies’ account, said the money did not go to the account holders.
The EFCC also called Hayatu Hadejia, a Bureau De Change (BDC) operator as PW-4.
Hadejia told the court that he is a businessman, who runs BDC companies.
He said he had five companies and was invited by the EFCC as part of its investigations into the financial activities of the government of ex-governor Obiano.
Another BDC Operator, Ayuba Tanko, on Nov. 13, 2024, said between April and December 2017, a total sum of N416 million was paid into a company’s account he used, by proxy, in the ongoing trial of Obiano.
Ayuba, who was PW-5, said the N416 million which was received in tranches, was given back as 1.137 million US dollars equivalent.
“I am a trader. I trade in forex exchange. I trade in USDs, Euros and pounce sterling.
“I do source for customers and I do exchange and collect commission,” he said.
The PW-5 said he used two companies; Sauki Bureau De Change and Zigaziga Trading and Company Ltd for his business.
He said he was invited by the EFCC, through its Investigation Department, in 2023 and was questioned about Zigaziga Trading and Company Ltd’s account domiciled in one of the commercial banks.
When the senior lawyer asked him how much he received at the period, the witness said: “Between April 2017 to December 2017, the total money I received at that period was 416 million in naira.
“And I gave a dollar equivalent as 1, 137, 000.00 US dollars,” he said.
Ayuba said besides this transaction, he did not do any other business with the Anambra government under Gov. Obiano.
Obiano’s lawyer, Onyechi Ikpeazu, SAN, during cross examination, asked the PW-5 if he had ever had any dealing with the ex-governor directly, Ayuba said: “I did not deal directly with the defendant.”
The prosecution counsel also called three bankers, who gave their testimonies in the alleged money laundering charge.
NAN reports that the NJC slammed a one-year suspension without pay on three serving judicial officers, including a Justice of the Court of Appeal, for various acts of judicial misconduct.The disciplinary actions were among several key resolutions reached at the Council’s 108th meeting held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
This is contained in a statement issued by the NJC’s Deputy Director of Information, Kemi Ogedengbe.

The NJC said Justice Jane E. Inyang of the Court of Appeal, Uyo Division, was found guilty of breaching Rule 3 (5) of the Revised Code of Conduct for Judicial Officers.

The council said, “Justice Jane E. Inyang was found to have abused his office by issuing inappropriate Ex parte Orders for the sale ofUdeme Esset’s petrol station and other businesses at the interlocutory stage of the case.

Similarly, Justice Ekwo was also suspended for one year without pay.

In addition, he was placed on the Council’s Watch List and barred from elevation for five years.

“complaints against Justice Ekwo arose from Charge No. FHC/ABJ/CR/184/2021, wherein His Lordship delivered a ruling in a pending application without hearing the parties,” the council said.

 

The Dutse Magistrates’ Court in Abuja on Friday, adjourned the arraignment of Mr Christopher Maikalangu, the Chairman of the Abuja Municipal Area Council (AMAC), indefinitely.

The adjournment is ending the outcome of a judicial review before a higher court.

Chief Magistrates Abdullahi Ilela adjourned the matter after Maikalangu’s lawyer, Charles Okoye, informed the court that the case had been subjected to a judicial review before Justice Aliyu Shaffa of FCT High Court.

The News Agency of Nigeria (NAN) reports that the direct criminal complaint was instituted by Awalu Mohammed, an All Progressives Congress (APC) member and an AMAC resident.

In the case number: CR/DUT/324/25 dated March 24, the AMAC chairman is the sole accused person.
Upon resumed hearing on Friday, counsel to the complainant, Job Israel, told the court that the matter was scheduled for mention and that he was ready to proceed.
Although Okoye did not oppose Israel’s submission, he however informed the court that the matter is presently before a High Court of FCT and that the enrolled order had already been served on the court.
He said all efforts made to effect the service of the order on the complainant were unsuccessful.
“We are constraint to serve complainant counsel the order but his contact was not available,” he said.
Okoye, therefore, prayed the court to allow the matter to comply with the judicial review order.
Responding, Israel, who did not raise an objection, admitted that by virtue of the order of the high court, his client was bound by same.
He, however, prayed for an accelerated hearing in the matter.
“The needful would be done by going to that court to determine our fate before coming back when the order would have been determined,” Israel said.
The presiding magistrates, in a short ruling, adjourned the matter indefinitely.
“This matter is hereby adjourned sine die (indefinitely) pending the outcome of the judicial review,” the magistrates ruled.
The complainant had alleged that Maikalangu , on or about Jan. 8, 2013, at the FCT Independent National Electoral Commission (INEC) Office, Area 10, Garki District, Abuja, submitted a forged first school leaving certificate from Festival Road Primary School {1983-1989} to the commission.
He alleged that the forged certificate was among other submitted documents included in his “INEC FORM C.F. 001, for councillorship position, knowing it to be forged and with intent that it may in anyway be used or acted upon as genuine.”
Mohammed also alleged that the AMAC chairman, on or about May 8, 2021, submitted a forged first school leaving certificate from LEA Model Science Primary School {1984-1989} at the INEC for election purpose.
He said the document was submitted alongside the court affidavit for statutory declaration of age and the court affidavit for correction of name on voter’s card, “knowing them to be forged and with intent that they may in anyway be used or acted upon as genuine.”
He accused the chairman of committing the offence of forgery contrary to Sections 362(a), 363 and 264 of a the Penal Code Act, Cap 532, Laws of the Federal Capital Territory, Abuja.
In the verifying affidavit in support of the application, Mohammed said he was duty bound to expose the commission of crime(s) by any person, including the defendant, public officials, agencies or institutions howsoever described, whose acts could embarrass and dent the prestige and good name of Nigeria.
“Consequently, I have filed this direct criminal complaint against the defendant.
“I hereby verify the facts contained in this direct criminal complaint as true and correct to the best of my knowledge,” he said.
According to him, the chairman, in 2013 and 2021 in line with the requirement of the Electoral Act, submitted his sworn FORM EC9 to INEC (AFFIDAVIT IN SUPPORT OF PERSONAL PARTICULARS – Particulars of persons seeking election to the Councillorship (2013) and Chairmanship (2021) positions, AMAC) to FCT INEC.
Mohammed said upon his application, Maikalangu’s Certified True Copy (CTC) of Form EC9, containing his affidavit in support of personal particulars, was made available to him.
He said the CTCs of the necessary documents, including INEC Forms 001 for Maikalangu ‘s councillorship election {2013} and chairmanship poll {2021} and a report of Investigation by the police to the Tribunal Secretary, FCT Area Council Election Tribunal were equally handed to him.
He said the tribunal secretary issued to him CTCs of the chairman’s form for nomination of councillorship in 2013 as well as chairmanship in 2021, INEC Forms 001, and other documents in the tribunal’s custody relating to the fact in issue.
“Based on the response from the FCT High Court, I verily believe that the affidavit for correction of name, and the affidavit for declaration of age swear in by the defender was forge by the defendant.
“Based on the above differences between the two certificates, I verily believe that the defendant submitted a forged First School Leaving Certificate to INEC on or about sometimes in 2013 and 2021,” he alleged.

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The Federal High Court in Abuja on Monday, fixed May 26 to hear a suit filed by the Nigeria Inter-Bank Settlement System (NIBSS’) Plc against the Central Bank of Nigeria (CBN) and others

NIBSS, in the suit, is seeking an order to prevent any institution from challenging its statutory authority to maintain and manage the Bank Verification Number (BVN) database in Nigeria.
Justice James Omotosho fixed the date after dismissing an application for joinder filed by the Incorporated Trustees of Data Privacy Lawyers Association (DPLAN).

The News Agency of Nigeria (NAN) reports that NIBSS, through its lawyer, Ademolai Esan, SAN, had sued the Incorporated Trustees of Digital Rights Lawyers Initiative (ITDRLI), the CBN and the Attorney-General of the Federation (AGF) as 1st to 3rd defendants respectively.

NIBSS seeks a declaration that it is statutorily empowered to maintain and manage the BVN database.

It said this is pursuant to the Central Bank Act 2007, the Banks and Other Financial Institutions Act 2020, and the Revised Regulatory Framework for the Bank Verification Number (BVN) Operations and Watchlist for the Nigerian Banking Industry 2021.

“Pursuant to the provisions of the framework, NIBSS, as a designated participant in BVN operations, is statutorily authorised to manage and maintain the BVN database and ensure its seamless operation, among other functions,” it added.
It, therefore, accused ITDRLI (1st defendant) of filing multiple suits, either directly or through proxies, challenging its authority to manage the BVN database and alleging that such management violates constitutional privacy rights.
However, ITDRLI denied the allegations in it court processes, asking the court to dismiss the suit.
NAN reports that in the last adjourned date in April, Ayomide Ahmed, who appeared for the Incorporated Trustees of Data Privacy Lawyers Association (DPLAN), urged the court to join his client as defendant in the suit.
Ahmed argued that the outcome of the case would impact the rights of his client and its members, especially regarding the BVN, in light of the relief sought by NIBSS to bar any institution from challenging its authority.
He stated that DPLAN is an association of experts in privacy and data protection, whose members are directly affected by the subject matter due to their objectives and ownership of bank accounts.
But counsel for the CBN, Abdulfatai Oyedele, prayed the court to dismiss DPLAN’s application for joinder.
Oyedele argued that any party seeking to join a suit must attach a proposed defence.
He argued that DPLAN had failed to do so.
On his part, NIBSS’ lawyer, Esan, also urged the court to discountenance DPLAN’s application.
The lawyer alleged that the chairman of the party seeking joinder was also the counsel for the 1st defendant and one of its trustees.
“What they do is to sue all over the country. The matter is never heard on its merit.
“They withdraw, and when the case is finally about to be heard, they bring an application to delay the hearing,” he said.
He urged the court not to waste judicial time and to dismiss the joinder application.
Justice Omotosho, while delivering the ruling on application for joinder on Monday, said the sole issue to determine was whether the plea for joinder by DPLAN was “meritorious.”
The judge held that only proper and necessary parties could be permitted by law to join a case.
“A necessary party is a party whose right will be affected by the order of a court,” he said.
He said that while it was clear that the suit by NIBSS sought judicial pronouncement regarding its BVN management, the issue could be determined by the court in the absence of DPLAN.
The judge further held that the party seeking to be joined cannot join the suit to protect the personal interests of its members, as this would imply that every Nigerian is a potential defendant in the suit.
He said that the presence of the AGF in the suit was sufficient to defend the BVN management suit on behalf of Nigerians.
“I cannot see how the interest of the applicant (DPLAN) will be jeopardised if it is not joined. This process is unnecessary,” the judge ruled.
Justice Omotosho stated that the group’s motion for joinder had no basis in law.
The judge, who dismissed the motion, adjourned the matter until May 26 for the hearing of the substantive suit by NIBSS.
NAN reports that a BVN is a unique number that allows individual accounts to be verified across the Nigerian banking industry.
Besides, It is issued to every bank customer at enrollment and is linked to all of the customer’s bank accounts in the country.

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The Federal High Court in Abuja on Monday, remanded a lady, Ogechi Njaka, in Suleja Correctional Centre for allegedly posting the phonographic videos of her victims on her Facebook account

Justice Joyce Abdulmalik ordered her remand after she pleaded not guilty to a five-count charge preferred against her by the Inspector-General (I-G) of Police.

After Njaka’s plea of not guilty, I-G’s lawyer, Victor Okoye, sought a trial date.

Njaka’s counsel, Samuel Ihenseken, did not object but applied that a bail be granted to his client.

Justice Abdulmalik, who ordered that the defendant be remanded in the correctional centre, adjourned the matter until June 5 for trial and bail application.

The News Agency of Nigeria (NAN) reports that in the charge marked: FHC/ABJ/CR/02/2025, Ogechi Okeke Njaka was named as sole defendant.

In one of the counts, she was alleged to have, sometime from year 2020 to 2025, within the jurisdiction of the court did knowingly and intentionally send messages in the form of video recording through computer system or network on her Facebook account registered in her name, “Ogechi Okeke Njaka” that were pornographic or of an indecent character.

Njaka was accused to have sent the videos for the purpose of causing a breakdown of law and order, or posing a threat to life.

The offence is said to be contrary to and punishable under Section 24 (2) (a) Cybercrimes (Prohibition, Prevention, Etc. 2015) (Amendment) Act, 2024.
In another count, she was alleged to have, sometime in 2020, intentionally transmit in the form of video recording through computer system or network on her Facebook account, derogatory comments against one Hajia Maryam Shehu, while holding her (Shehu’s) image.
The allegations which were said to be false “for the purpose of causing a breakdown of law and order, and posing a threat to life of one Hajia Maryam Shehu.”
The offence is also contrary to and punishable under Section 24 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc.2015) (Amendment) Act, 2024, among other counts.

 

Mr Raji-Rasaq Adeshina has urged FCT High Court to reject the application by GreenArps Project Limited, owned by Mr Kessington Adebutu, popularly known as “Baba Ijebu.”

GreenArps Project Limited had sought a stay of proceedings in an alleged N50 million debt suit filed before Justice Abdulraman Usman.

Adeshina, who is the claimant in the suit, had told Justice Usman on behalf of a consortium that helped GreenArps won the bid for the concession of the National Stadium, Lagos, to discountenance the firm’s request.

His application was predicated on the grounds that GreenArps, besides attempting to truncate the trial, had not file its defence in the suit.
The News Agency of Nigeria (NAN) reports that Justice Usman had, on May 9 fixed May 16, for hearing the motion for stay in the proceedings of the trial court, pending an appeal at the Court of Appeal, Abuja.
The motion for stay filed on May 5, sought to upturn and set aside the April 16 ruling of the trial court, which assumed jurisdiction in the matter and also ordered transfer of the case from the undefended list to the general cause list, on Fast Track Procedure.
At the May 16 proceedings, GreenArps’ lawyer, Babatunde Ige, pointed out that efforts of the trial court would be in futility in the event their appeal succeeded.
He had faulted the trial court’s ruling on jurisdiction, arguing that the claimant’s lawyer did not sign the writ of the certified true copy, served on the defendant, and as such rendered the document incompetent and lacking in merit.
“Where the writ is unsigned, there is no valid writ to activate the jurisdictional of this court,” he had argued.
He therefore urged the trial court to adjourned till the appellate court concluded on his appeal against the April 16 ruling of the court.
But the claimant, through his lawyer, Austine Otah, urged Justice Usman to dismiss the appeal for being incompetent on the grounds that there was nothing attached to show that an appeal had been entered at the Court of Appeal.
“Apart from the fact that the submissions are incompetent, what they are requesting for cannot be given.
“The court could see from what they attached to the document that they have not filed an appeal that is ready before the Court of Appeal for adjudication.
“It should not constitute a bar to the proceedings and the business of this court especially when it is on fast track,” the claimant submitted.
Besides, he urged that the appeal should not be allowed to constitute a bar to the hearing at the trial court because, “the matter is one of liquidated money demand and for them to show whether or not they have a defence.
“They did not seek leave first here at the lower court before filing an application before the Court of Appeal.”
He therefore urged the court to dismiss the application for being an abuse of court process.
After taking submissions for and against the motion for stay, Justice Usman fixed May 19 for ruling.
The claimant, Raji-Rasaq Adeshina, had sued GreenArps Project Ltd on behalf of himself and other technical partners that helped the defendant to bid and won the concession of the National Stadium, Lagos, in 2023.
In the suit marked: CV/57/2025 and filed on Jan. 10, 2025, the claimant is seeking an order of court directing the defendant to pay its remaining balance of N50 million as well as the interest that has accrued since 2023.
The company was alleged to have defaulted in the full payment of negotiated fees and further services rendered by the claimant, which directly led to the company’s successful concession bid for the National Stadium in Lagos in November 2023.
However, rather than file its defence, GreenArps filed a notice of preliminary objection, challenging the jurisdiction of the court to entertain the matter on the grounds that the failure of the claimant to sign the writ robbed the court of necessary jurisdiction.