Tag: Court

 

Flowerbudnews

The Federal High Court in Abuja on Monday, adjourned the trial of former Minister of Power, Saleh Mamman, until May 2.

Justice James Omotosho adjourned the matter after the Economic and Financial Crimes Commission (EFCC)’s video evidence to counter the allegations by Mamman that his extra-judicial statement was not voluntarily made, was played in the open court.

Justice Omotosho had ordered that the video clip of the interview session conducted by the commission’s officials during their investigation be played in a trial-within-trial, following allegation that the ex-minister did not voluntarily make the statement.

The ex-minister had, through his lawyer, Femi Atteh, SAN, insisted that his statement tendered by the EFCC in the alleged corruption trial was not not made voluntarily.
The EFCC counsel, Rotimi Oyedepo, SAN, disagreed with Atteh’s submission.
The judge consequently ordered that the video clip be played in the open court to ascertain the veracity of the argument.
In the video on Monday, Mamman insisted that he could not write statement due to his ill-health.
Counsel to the EFCC, Abbas Muhammed, asked the EFCC investigator and a witness, Abubakar Kwaido, whether he read the statement of caution to Mamman before the session.
Kwaido confirmed that the cautionary statement was read to the defendant before the video recorded and the statement taken.
Justice Omotosho adjourned the matter until May 2 for continuation of trial.
Oyedepo, the lead prosecuting counsel, had, on Thursday, asked Kwaido whether he harassed Mamman or threatened him with detention but the witness responded in the negative.

 

Flowerbudnews

Justice James Omotosho of the Federal High Court in Abuja on Monday, threatened to send back the EFCC’s case file in the charge against Ali Bello, the Chief of Staff (CoS) to Kogi government to the Chief Judge, Justice John Tsoho, for reassignment.

Justice Omotosho made this known following a complaint by Bello’s counsel, Abubakar Aliyu, SAN, accusing the EFCC of publishing untrue accounts of what transpired in court on the last adjourned date on its website against his client.

The News Agency of Nigeria (NAN) reports that the anti-graft agency filed the charges in 2022, accusing Bello and Dauda Sulaiman of fraud involving alleged diversion of funds from the Kogi State Government coffers.

While Bello is the 1st defendant, Sulaiman is the 2nd defendant in the 10-count charge marked: FHC/ABJ/CR/550/2022.

Aliyu had told the court that he had a complaint to make on his client’s behalf.

He said: “the prosecutor is subjecting my client (Bello) to mob justice by making publications” that were allegedly untrue.

The lawyer alleged that the publication, which was on EFCC’s website, was distributed to other social media.
“They (EFCC) said the 1st defendant made a payment of the house at Ikogosi Close in Maitama District and after he discovered that the house was under investigation by EFCC, he now returned the documents back,” Aliyu said.
He said his client told him that he did not buy the property contrary to the allegation.
The lawyer, who gave a copy of the printout to the court, also said that a copy had already been served on the commission’s counsel.
“What is your reaction counsel,” Justice Omotosho asked EFCC’s lawyer, Abbas Muhammed.
Responding after he went through the copy, Muhammed said he could not verify the authenticity at the moment.
“I have seen the publication. At this point my lord, I cannot verify. I will have to verify with the media team,” he said.
The judge then gave him the go-ahead to verify and report back to the court in the next adjourned date.
“I want to say this, on the reportage of this proceedings. I won’t take it if it continues this way.
“I am going to take all your files and send back to the CJ for reassignment.
“It is not only against the defendant but against the court,” the judge said.
Justice Omotosho said writing fictitious stories about court proceedings might make the public lose confidence in the court.
He said such action borders on the integrity of the court.
“Now that this report is online, and if I now hold otherwise, how will the society sees it?
“You create wrong impression in the society.
“I can’t be put in the public for analysis on what happens in court.
“You have to go and report back. This is annoying,” the judge said.
Justice Omotosho, who acknowledged the presence of accredited journalists in court, emphasised on the need for accurate reportage of what transpired in court.
He likened it to the case of Rivers matter where some social media users attacked the court for its judgment which ruled in favour of Martins Amaewhule-led lawmakers after Gov. Siminalayi Fubara voluntarily withdrew his counter affidavit in the suit.
“I have had so much from social media.
“The day the Rivers matter was heard and the counsel applied to withdraw their application, I stood the matter down for one hour and 30 minutes to give the counsel the opportunity to consult, before he finally withdrew their counter affidavit,” he said.
Justice Omotosho said it was however a different arguments on social media as some were saying that the judge did not consider the application filed by Fubara in arriving at the decision.
“Let us stop this because it affects the integrity of the system,” he said.
Earlier, the EFCC lawyer, Muhammed, informed the court that the matter was slated for continuation of trial and that their 11th witness was in court.
Segun Adeleke, the 11th prosecution witness (PW-11) and the General Manager of EFAB Properties Ltd, was led in evidence by Muhammed.
“My schedule include recruitment, discipline, dismissal and more importantly, I head the team that concludes purchases of houses in the office,” he said.
Adeleke, who said he had been in the company for 28 years, said Chief Fabian Nwora is their chairman.
When the lawyer asked him if he knew a man called, Shehu Bello, the witness responded in affirmative.
The PW-11 said in 2020, Chief Nwora, his boss, sent for him.
He said when he got to his chairman’s office, he met Shehu Bello.
“Before then, they had discussed about a property at Maitama, No 1, Ikogosi Spring Close, that Shehu Bello will come and make the payment of N500 million for the property,” he said.
The witness said Shehu Bello paid the dollars equivalent of N500 million and that he made the enquiry from a bureau de change operator to confirm.
When Muhammed asked Adeleke how the money was paid, he said: “The money was received in cash.”
He said the house located at Ikogosi, Maitama in Abuja was given “No. 1,” on the close because it was the first building on the close and the houses there were not numbered.
When asked if he had any other contact with Shehu Bello, the witness said: “Concerning our personal contact, it starts with the making of the payment. Every other contacts continue with my chairman.”
During cross examination, Aliyu, who represented Ali Bello, asked the witness if his client was Shehu Bello and he said: “No My lord.”
Also, Olusegun Jolaawo, SAN, who appeared for Sulaiman, the 2nd defendant, asked if his client was Shehu Bello and the PW-11 equally responded in the negative.
Justice Omotosho after discharging the witness from the witness box, adjourned the matter until May 7 and May 9 for continuation of trial.

 

Flowerbudnews

A Chief Magistrate in Rivers State, Ejike King George, has voluntarily resigned his position as a Magistrate in the Rivers State Judiciary.

Chief Magistrate George’s resignation was conveyed in a letter addressed to the Chief Judge of Rivers State, through the Secretary of the Rivers State Judicial Service Commission.

In the letter, George described his decision as “difficult and regrettable”, attributing it to his discomfort with the recent appointment of a “quasi-military administration” to oversee the affairs of Rivers State.

He noted that the current system of governance is not only unfamiliar but fundamentally contradicts the ideals and values of the legal profession.

According to him, such a structure runs counter to the principles upheld by legal practitioners and adjudicators.

George further stated that having dedicated 16 out of his 22 years of legal practice to serving as a magistrate under successive democratic administrations, he finds it challenging to operate within the current political context.

Doing so, he said, would amount to “tacit and naive acquiescence”.

He expressed appreciation to the Chief Judge for the opportunity to serve in the state’s judiciary.

The statement read, “This letter is intended to convey my decision to voluntarily retire my appointment as Magistrate of the Judiciary of Rivers State.

“This difficult and regrettable decision is informed largely by my discomfort with the recent appointment of a quasi-military administration to run the affairs of a modern State like ours.

“My Lord will agree with me that this type of governance system is not only alien but also runs antithetical to our hallowed profession as legal practitioners and adjudicators.

“Having put in a whooping 16 (sixteen) out of my 22 (twenty two) years of legal practice into this Judiciary as Magistrate under successive democratic administrations, I find it difficult to work with the current setting, as doing so would amount to a tacit and naïve acquiescence.

“Thanks My Lord, for the opportunity to serve.”

 

Flowerbudnews

Judges of the Federal High Court (FHC) of Nigeria will, on April 16, proceed on a two-weeks Easter vacation.

The Chief Judge of FHC, Justice John Tsoho, made the announcement in a circular made available to newsmen on Sunday by the court’s Director of Information, Dr Catherine Christopher, in Abuja.

The CJ said though the vacation would end on April 28, the judges would formally resume sitting on April 29.

“This is pursuant to the provisions of Order 46, Rule 4 (C) of the Federal High Court (Civil Procedure) Rules, 2019 (as amended).
“The court resumes sitting on Tuesday, 29th April, 2025 in all Judicial Divisions,” he said.

Tsoho said during the vacation period, the Abuja, Lagos and Port-Harcourt Judicial Divisions would remain open to the public only for cases of extreme urgency.

“It is important to note that during the vacation, only matters relating to enforcement of fundamental rights; arrest or release of vessels and matters that concern dire national interest are to be entertained by vacation judges.”

According to the circular,, Justices Emeka Nwite and Musa Sulaiman Liman will serve as vacation judges for Abuja judicial division while Justices Akintayo Aluko and Isaac I. Dipeolu will hold forth for Lagos division.
It said the Port Harcourt division would have
Justices Phoebe Ayua and Adamu Mohammed as vacation judges.
The statement advised vacation judges and heads of divisions to promptly refer to the chief judge all matters which they believe may require his urgent attention and directives.

 

Flowerbudnews

The Federal High Court in Abuja on Friday, ordered the suspended DCP Abba Kyari, and his co-defendants to enter their defence in the charge preferred against them by the National Drug Law Enforcement Agency (NDLEA).

Justice Emeka Nwite, in separate rulings on their no-case submission applications, held that a prima face case had been made out against Kyari and other police officers in the charge.

Kyari, the 1st defendant and a former head of the Intelligence Response Team (IRT) of the Police was arrested on Feb. 14, 2022, after the NDLEA declared him wanted over alleged links to an international drug cartel.

The suspended DCP and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are being prosecuted on charges of conspiracy to deal in 17.55kg of cocaine.
They are also accused of dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.

On March 7, 2022, Kyari and others were arraigned alongside Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, the two suspected drug traffickers who were arrested at Akanu Ibiam International Airport, Enugu by the officers.

Upon arraignment, Kyari and four other defendants pleaded not guilty.
However, Umeibe and Ezenwanne, the 6th and 7th defendants, pleaded guilty and were convicted accordingly.

Although Kyari and others had, at one time, applied for bail, their application was rejected.
After the NDLEA closed its case, each of the defendants opted for a no-case submission, arguing that no evidence had been adduced by the prosecution on which the court could convict them.

Delivering the ruling, Justice Nwite held that with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward their defence.
Justice Nwite held the same view in the five separate rulings he delivered on Friday.
In a ruling on Kyari’s application, the judge held that “assuming without conceding that the defendants were charged with less amount of cocaine that is lesser than 17.55 kg or more than that, it does not take away the fact that there is prima facie evidence that the 1st defendant dealt or tampered with cocaine.”
He held that the argument of the 1st defendant’s lawyer on the need to sufficiently prove the amount of cocaine on the face of the charge is not the requirement of the law.

He also held that there was nothing on the face of the section of the law, on which the defendants were charged, that states or provide different punishment as it relates to the quantity or amount of cocaine, whether the charge provides for 1 kilogram or more.

According to the judge, in view of the foregoing, I am of the view and I so hold that a prima facie case has been made out against the 1st defendant in the five count charge and I hereby order him to enter his defence in all the five counts.

The judge issued similar order in relation to the other four defendants.
He consequently adjourned the matter untill May 21 for the defendants to open their defence.

 

Flowerbudnews

A witness, Adebayo Olanrewaju on Tuesday, told the Federal High Court in Abuja that the Federal Ministry of Defence did not directly pay money into the shares account belonging to the former acting Accountant General of the Federation (AGF), Anamekwe Nwabuoku.

Olanrewaju stated this while being cross examined by Nwabuoku’s lawyer, Harrison Quakers, before Justice James Omotosho.
The Economic and Financial Crimes Commission (EFCC) charged Nwabuoku, who served as Director of Finance and Account, Ministry of Defence, with misappropriation of funds.

He is facing a nine-count amended charge of money laundering to the tune of N868 million.
Olanrewaju, an Investment Banker and Stock Broker who works for Quantum Zenith Securities Ltd, was presented by the commission as 4th prosecution witness (PW-4) in the last adjourned date.

He had earlier told the court that he met Nwabuoku in 2016 after he had issues of shares with another company.

According to him, following the intervention of the EFCC, the ex-AGF was able to recover his shares and transferred the same to his company to manage.

The witness identified a document the defendant used to open the account with them, dated Dec. 8, 2023 and the court admitted the same as evidence.

Led in evidence by EFCC’s counsel, Ekele Iheanacho, SAN, the witness identified different sums, all in millions, used in purchasing more shares from different banks, including Zenith Bank, the United Bank for Africa (UBA) and Guaranteed Trust Bank (GTB).

Midway into the identification of funds, Justice Omotosho urged the parties to take a date for adjournment, promising to give the case accelerated hearing.

Olanrewaju identified the remaining transfers made into the investment account adding that the defendant mandated all sale of shares made in his account.

During cross-examination, the defence counsel, Quakers, showed Olanrewaju three payments made into the shares account and asked if Nwabuoku authorised all the transactions and the witness answered in the affirmative.
The PW-4 also said all payments made into the account for the purchase of shares were transferred and not paid in cash.

He told the court that the ex-AGF claimed the funds he paid in was gotten through rents from property and dividend acquired.
He said the total stock in the defendant’s account is valued at about N200 million to N220 million.
Similarly, he said Felix Nweke, another witness in the case (PW-2), who is a director at the Office of the AGF and former deputy Director, Finance at the Federal Ministry of Defence between 2018 and 2020, did not pay money into the account.
He stated that the defendant was lucky to have moved his shares from partnership investment to their company, when he did, as the company was shut down by the Securities and Exchange Commission (SEC) two months afterwards.
Justice Omotosho adjourned the matter until April 9 for continuation of trial.

 

Flowerbudnews

A former Minister of Power, Saleh Mamman, has said that he was indisposed at the time he was interrogated by the operatives of the Economic and Financial Crimes Commission, EFCC, over allegation of fraud.

Mamman, in a video clip played in the open court during a trial-within-trial before Justice James Omotosho of the Federal High Court in Abuja, said he was not in a suitable state of mind, having just recovered from illness during their inquiry.

Justice Omotosho had ordered that the video clip of the interview session conducted by the commission’s officials during their investigation be played in the open court following allegation that the ex-minister did not voluntarily make the statement.

Mamman’s lawyer, Mr Femi Atteh, SAN, had opposed an application by the anti-graft agency’s counsel, Rotimi Oyedepo, SAN, to tender the statement in evidence.

The judge consequently ordered that the video clip be played to ascertain the veracity of the argument.

Meanwhile, before the clip was played, Oyedepo told the court that the reason for playing the video is to show the court that a previous statement which the EFCC sought to tender in evidence was made voluntarily by the ex-minister

But Atteh disagreed insisting that the statement was made when Mamman was not in his right frame of mind as he had already told them he had just left sickbed

In the video clip, the former minister was seen telling operatives of the EFCC that he left sickbed to honour the invitation of the anti-graft agency.

He also denied ownership of a property in Wuse II when he was asked by the officials of the EFCC during the investigation.

The two hours video clip was played for 30 minutes in court where the ex-minister spoke in Hausa Language during interrogation but was interpreted in English Language by an interpreter of the court.

Due to bad audio of the clip during the session, the interpreter occasionally said: “My lord, I did not hear him properly.

“I will skip where I do not understand.”

The judge responded and said, “interpret what you hear.”

At the last adjourned date on March 19, 2025, a staff of the Central Bank of Nigeria (CBN) and the 5th prosecution witness (PW-5) in the trial, said the apex bank managed the project account on behalf of the Office of the Accountant General of the Federation (OAGF).

The witness, Okoroafor Chinyere, a Deputy Manager, Domestic Payment Division at the bank, stated this while being led under cross-examination by Atteh.

She confirmed to the court that the EFCC wrote a letter to the bank, demanding for details on the Ministry of Power and it was given to them.

While speaking on the project account which documents were tendered and admitted as exhibit, Okoroafor confirmed that the bank manages the account on behalf of the Accountant General’s office.

On whether she is familiar with remita payment process, she answered in the affirmative.

But when asked whether it was possible for the former minister or his office to make approval, she said: “I cannot say.”

“We don’t receive instructions to make payment on remita, we only get a directive from OAGF,” Okoroafor said.

She said the Mambila Zungeru Project account is domicile with the CBN, but was solely under the Accountant General of the Federation, and not under the Minister of power.

Okoroafor told the court that there are laid down procedures as regards withdrawal from the special project account and the minister has no power of withdrawal from it.

She said only the OAGF has the authority on such account.

The judge adjourned the matter to April 10 in continuation of the video clip evidence in the trial-within-trial.

 

Flowerbudnews

Mr Olabode Tijani, an aggrieved and former member of Dominion Chapel Church International, Favour House Branch, Lugbe in Abuja, has sued the church; the Senior Pastor, Eyong Eyong, and others for allegedly inciting his wife, Mrs Abolore Tijani, to divorce him.

Also joined in the suit are President, Christian Association of Nigeria (CAN); Registrar General, Corporate Affairs Commission (CAC) and Mrs Doris Eyong as 2nd, 3rd and 5th defendants respectively.

The Dominion Chapel and Pastor Eyong are sued as 1st and 4th defendants in the writ of summons marked: FHC/ABJ/CS/1402/2024 filed by Tijani’s lawyer, Hassan Omolowo, before Justice Gladys Olotu of the Federal High Court in Abuja.

The News Agency of Nigeria (NAN) observes that Tijani, a Civil Engineer and Founder cum President, Registered Trustees of Downtrodden Peoples Empowerment Foundation Worldwide (1st claimant), is the 2nd claimant in the suit dated Sept. 17, 2024 but filed Sept. 18, 2024.
Tijani is praying the court to declare that the church amd its officials at Favour House, New Site Estate, Lugbe Branch in Abuja have no right to interfere in the marital affairs of its members to the extent of separating them and encouraging divorce among them.

He is also praying the court to declare that they have no right to prevent him “from accessing his wife and family within the church premises in full view of the members of the church and bystanders on the 1st day of September, 2024 at about 8am thereby further lacerating his family relationship.

“A declaration that the 1st defendant (Dominion Chapel) and its officials have no rights to have received and quartered the members of family of the 2nd claimant and their property (including the 2nd claimant’s property) for 13 {thirteen} days (at the time of filing this suit).”
He wants the court to declare that the church and its officials had breached his fundamental rights to fair hearing when before hearing his own side of the matter, they proceeded to accommodate his family of six for 13 days, at the time of filing the suit.
He wants the court to declare that the church has violated one of the core qualifications for being a member of CAN.
Tijani, therefore, prayed the court to make an order, compelling the church and its officials to immediately return the family members, family property and his documents to the family domain and quarters at Tudun Wada, Lugbe, Abuja.
He urged the court to make an order restraining the church, Pastor Eyong and his wife including their agents “from further encouraging the divorce, separation of the family of the 2nd claimant, and termination of the marriage of the 2nd claimant and other members of the church and all Christians all over the world.”
He prayed the court to make an order, compelling CAN President, Archbishop Daniel Okoh, to sanction the church from engaging in, and pursuing anti-Christian activities within its domain.
He also sought an order compelling CAN president to sanction and prevent Mrs Eyong (pastor’s wife) from holding responsible positions within the church “because of her unchristian utterances and postures.”
He sought an order restraining the church, Pastor Eyong and Mrs Eyong from intimidating, harassing and further interfering in his family affairs.
He equally sought an order compelling the church, Pastor Eyong and Mrs Eyong to issue and publish a public apology to him in two national! dailes.
Tijani, who seeks a special damages In the sum of N1 million, also seeks general damages in sum of N200 million, including “a cost of litigation in the sum of N5 million.”
In his statement of claim, Tijani averred that he had been married to Mrs Abolore for 23 years and had gone through varied challenges and experiences with her.
He said their marriage yielded five children “comprising three daughters including a set of twins and two sons.”
He said they voluntarily joined the church five years in Power House branch before moving to Favour House branch two years later.
He said he had allowed unlimited access to, and regular attendance of church services by members of his family to the extent that all the children are involved in one church work and duty or the other.
According to him, Mrs. Tiant A. Abolore is a member of the women group and contributes to the progress of the church.
Tijani said he “is a member of the 1st defendant (church) and attends the services of the Power House and Favour House branches of the 1st defendant.”
He said on Aug. 31, 2024, he had cause to advise his twin daughters on the need to save the little money they are earning because of the future only for his wife, Mrs Abolore, to intervene and interfere by holding his trouser.
He said on Sept. 1, 2024, he also advised his children to attend the church next door as “GOD is everywhere” but they did not listen.
He said when his wife complained of being indisposed, he gave her money to go and treat herself but instead of going to buy drugs with the money she allegedly decided to go to the Favour House branch of the church.
He said three hours later after his wife did not return, he went to Lugbe branch of the church to look for her.
“Upon getting to the church, the 2nd claimant (Mr Tijani) was told by the security guards that they have been given instructions not to allow him enter the church and thereupon, the elder of the church, the 5th defendant (Mrs Eyong) and other church members came out and denied him access to see his wife who was inside the church.”
Tijani alleged that upon being denied access to his wife, he went to the shop he had personally established for his wife and upon entering the shop, Mrs Eyong allegedly harassed him that it was a criminal act for him to enter the shop without his wife’s knowledge.
He alleged that the pastor’s wife proceeded to tell the security personnel to chase him out anytime they see him within the church premises and further proceeded to padlock the shop he set up for his wife.
He said Mrs Eyong allegedly proceeded to threaten him about directing his wife to serve him with divorce letter and also to go to the NAPTIP to lodge complaint against him.
Tijani said he responded that since Mrs Eyong was not the one who joined them together in marriage, he would rather take his wife back to Ibadan, the home town, if he wanted to divorce her, and not in Abuja.
He said he believes that the Bible does not support divorce except in cases of sexual immorality and adultery.
He alleged that the senior pastor and his wife were instrumental in the conveyance of his family property to the church and that his family members “have been in the church’s children’s class for 13 (thirteen) days now.”
He said since his family moved out of his house, he had “been feeding irregularly and dysfunctionally at ‘Mama Put’ roadside restaurants with the health hazards involved.”
Besides, Tijani said he has to personally clean his house and wash clothes and other valuables by himself.
“The claimants state that the 2nd claimant has not had physical access to his wife for 13 (thirteen) days now.
“The 2nd claimant was deprived of the opportunity of sending his children back to school when they resumed on the 2nd day of September, 2024 by the 1st, 4th and 5th defendants,” he said.
He alleged that the senior pastor and his wife had caused to administer to his wife drugs unknown to him, and without his knowledge and without his permission.
According to him, he had undergone a most excruciating and debilitating embarrassment of his life when he was publicly deprived of access to his wife and the security personnel were instructed not to allow him to enter the church premises.
When the matter came up before Justice Olotu, Omolowo, who appeared for Tijani, informed the court of their intention to amend the suit.
Lawyer to the church and the pastor, A.O. Igeh, did not oppose the application and Justice Olotu adjourned the matter until May 29 for hearing.