Tag: Court

Flowerbudnews

A Federal High Court in Abuja has granted applications filed by the police to remand 124 arrested #EndBadGovernance protesters for 60 days pending the conclusion of investigation.

Justice Emeka Nwite, in separate rulings on ex-parte motions moved by Ibrahim Mohammed, counsel for the Inspector-General (I-G) of Police, granted the interim order to remand the suspects until conclusion of investigation.

Justice Nwite equally ordered that the suspects who are minors in the applications be remanded in Borstal Home of the correctional centre pending the conclusion of investigation.

In the first motion ex-parte marked: FHC/ABJ/CS/1154/2024 moved by Mohammed on Aug 14 but a certified true copy (CTC) of the order, obtained by NAN, the judge directed that the suspects be remanded for 60 days pending the conclusion of investigation and legal advice from the Attorney-General of the Federation (AGF).

The I-G, in the motion dated Aug. 8 but filed Aug. 9, sued 75 protesters with their ages ranging between 14 and 34 years.

They include Abubakar Ibrahim (18), Abubakar Adam (19), Suleiman Ali (16), Mubarak Mas’ud (23), Umar Musa (19), Aminu Hussaini (20),Umar Kabir (23), Ibrahim Musa (24), Abba Usman (30), Umar Inusa (18), Tasi’u Lawan (17), Ibrahim Rabi’u (16) and Jamilu Haruna (16).
The suspects also include Muktar Yahaya (17). Abdulbasit Abdulsalam (34), Salisu Adamu (16), Bilal Auwalu (15), Abdul’aziz Adam (15), Sadiq Sunusi (15), Muhd Musa (14), Usman Amiru (14), Abdulganiyu Musa (15), Muhd Yahaya (19), and Sunusi Nura (14), among others.

They were alleged to have committed offences of acts of terrorism, treason, and treasonable felonies, arson and terrorism.

The police said the offence was contrary to Sections 2(1) and (3), 24 and 26 of the Terrorism (Prevention and Prohibition) Act 2022; Sections 41 and 42 of the Criminal Code Act; Sections 410, 411, 412 Penal Code Act and Section 4 of the Miscellaneous Offences Act CAP M17 Laws of the Federation of Nigeria 2004 and other enabling statutes.

Miss Elizabeth Ogochukwu, a Litigation Secretary of Legal and Prosecution Section, Intelligence Response Team (IRT), Police Force Headquarters, Abuja, deposed to the affidavit in support of the motion.
She said the I-G’s office, through the office of the National Security Adviser (NSA), received a damning credible intelligence report of plan violent uprising against the government of the states and Federal Republic of Nigeria.
Ogochukwu averred that “the plan violent insurrection was believed to have been orchestrated by terrorist groups both within and outside Nigeria to unleash terror against the sovereign states of Nigeria scheduled to start from the 1st day of August, 2015.”
She said “despite serious security measures intensified by the various law enforcement agencies, the planned protest took place as scheduled and seriously intimidates the populace and seriously destabilises, or destroys the fundamental, political, constitutional, economic or social structures of some parts of Nigeria.
“That the violent protest causes death and bodily harm to citizens of the country and led to arson and wanton destructions of government or public and private facility, transport system and infrastructural facility in Nigeria.
“That the suspects were arrested in the actual act of rampage and reasonably suspected to be complicit in the crime which calls for district investigations.
*That the suspects/defendants herein were found to have been carrying Russian flags, banners placards singing slogans agitating for sovereign invasion of Nigerian territory to destabilising or overthrow the sovereign state of Nigeria by the Russian government.”
Ogochukwu said the suspects were arrested in Abuja and various states in possession of many Russian flags and other incriminating exhibits, while others are still at large.
She said investigations into the matter had commenced and the defendants made a voluntary statements, mostly admitting the crime which reasonably suspected them to be members of proscribed terrorist groups.
She said the investigators had to travel to various states to discover and apprehend the sponsors of this heinous crime for effective prosecution and same would not be completed within the time frame contemplated by the constitution which necessitated the application.
She said that “time is required to complete investigation thoroughly and obtain legal advice from the office” of the AGF as most of the prime suspects are still at large.
Ogochukwu averred that the suspects admitted the commission of the offence.
According to her, the suspects/defendants are now in detention in Police cells which are congested and poses serious health challenges on the inmates, and possibility of attack or escape will be ruled out.
Also, in the second ex-parte motion marked: FHC/ABJ/CS/1223/2024 moved by Mohammed on Thursday, Justice Nwite ordered another set of 49 defendants to be remanded for 60 days pending the conclusion of investigation.
“That an order of this Honourable Court is hereby made committing the defendants to correctional centre pursuant to Section 299 of the Administration of Criminal Justice Act (ACJA), 2015,” he said in the CTC of the order sighted on Saturday in Abuja.
The judge, who directed that the underage defendants’ be remanded in Borstal Home of the correctional centre, adjourned the case until Oct. 23 for mention.
The motion, dated Aug. 20, was filed on Aug. 21.
Giving four grounds why the application should be granted, the lawyer said that the defendants engaged in the offence of terrorism financing in other to overthrow a democratic elected government.
Mohammed alleged that the defendants were supporting some disgruntled element that were flying the flag of another country in Nigeria.
He alleged that the defendants conspired with some foreign nationals to take over the sovereign nation which is treasonable felony.
A detective attached to Force Criminal Investigation Department, Abuja, Gregory Woje, in the affidavit in support of the ex-parte motion, deposed that preliminary investigation revealed that some suspects arrested were being recruited by some financiers to cause mayhem and destroyed life and property.
“That preliminary investigation further revealed that the financiers were sending money to recruit the indigents and other vulnerable individuals to carry banners and overthrow a democratically elected government.
“That preliminary investigation further reveals that some foreign nationals were the hanow head in the unscrupulous act of treasonable felony and promoting terrorism financing in Nigeria,” he averred.
Woje said the act of the accused persons is akin to the offence of criminal conspiracy, terrorism financing, treasonable felony, cyberstalking and cyberbullying.
He said it is the function of the police to stop the act by appending the offenders as offence to one is an offence to all.
Some of the defendants include Comrade Opaluwa Eleojo, Michael Adaramuye, Musiu Sadiq, Buhari Lawal, Love Angel Innocent, Suleiman Yakubu, Yunusa Aliyu, Ahmad Nasir, Muhammed Sani, Iliyasu Anas, Abdullahi Sani and Gaddafi Muhammed..

They also include Jibrin Abdulhakim, Mahmud Umar, Kabiru Rabiu, Aminu Muhammed, Sagir Hassan, Lukman Abubakar,and Ahmed Isah.
Others are Abdullahi Abdulwahab, Hassan Muhammad, Abdullahi Salisu, Sabo Murtala, Fahad Ibrahim, Umar Yakubu, Zakari Yakubu and Ahmed Haruna, among others.

 

A Federal High Court in Abuja has frozen the bank accounts of 32 individuals and companies’ linked to the 10-day #EndBadGovernance Protest organised across the country pending investigation and prosecution of the case.
Justice Emeka Nwite, in a ruling on the ex-parte motion moved by counsel for the Inspector-General (I-G) of Police, Ibrahim Mohammed, also ordered the banks to apprehend the account holders or any person transacting business on the said accounts.
Justice Nwite, who granted the motion dated and filed on Aug. 20, directed the banks to contact the Nigeria Police Force through the telephone numbers: 08035179870 and 07032449912 as soon as arrest is made.
“That the banks are hereby directed by this honourable court to issue details of the account package(s) and to place a Post-No-Debit (PND) on the accounts, disable the ATM while allowing inflow into the said accounts as from the date of this court order,” the judge declared.
The News Agency of Nigeria (NAN) reports that though the ruling was made on Thursday, the certified true copy of the order was sighted on Sunday in Abuja.
The account numbers affected include 4010073491 (Fidelity Bank), 1255130019 (Access Bank), 0006084167 (Abbey Mortgage Multipurpose Bank Plc), 0821931299 (FCMB), 1012007655 (FCMB), 0000575573 (A AG Mortgage Bank Plc), 1007871587 (UBA), 2037117333 (UBA), 5421031104 (ECOBANK ) and 0024541201 (Union Bank).
Others are 1022899050 (UBA), 8755008491 (Branch International Services Ltd), 5630208636 (Fidelity), 4936992542 (Fairmoney Microfinance Bank).
Others are 8755008499 (Branch International Financial Services Ltd), 2088228208 (UBA), 2115678044 (Zenith Bank), 3041823452 (First Bank), 1011828445 (New Edge Finance), 3024402748 (Fusrt Bank), 0161502459 (GTBank) and 0040580047 (Access Bank),
They also include 0250291788 (Wema Bank), 6112464260 (Branch International Financial Services Ltd), 1000774097 (Sparkle Microfinance Bank Ltd), 3434649965 (Fairmoney Microfinance Bank), 2013556714 (KUDA Microfinance Bank), 3104962864 (Polaris Bank), 6112464267 (Branch International Finance Services Lit), 8137051249 (OPAY) and 8137051249 (PALMPAY).

The I-G, in the application marked: FHC/ABJ/CS/1219/2024, had listed PA.LIN.HO Global Service Ltd, Innocent Angel Lovet Chinyere Nkiru, Obidient Movement Multipurpose Cooperative Society, Innocent Angel Lovet, Great Communicators Champion Multipurpose Cooperative Society Ltd as 1st to 5th respondents respectively
Others include Great Communicators Champion Multipurpose Cooperative Society Ltd, Opaluwa Eleojo Bob-Simon, NUEE State Chapter, Adeyemi Abiodun Abayomi, Adaramoye Michael Tobiloba, Popoola Festus as 6th to 11th respondents respectively.

Mohammed, in his four-ground argument, said the accounts as contained in the schedule in respect of which reliefs sought are subject of investigation and are reasonably suspected to be warehousing proceeds of unlawful activities or fraud.

“If there is any dealing with the account by way of withdrawal or transfer to another account by the persons under investigation/investigator and the persons that have absolute power to deal with the account will render nugatory any consequential order(s) which the court may make at the conclusion of this application,” he said.

According to him, the accounts are used to promote the offence of criminal conspiracy, terrorism financing, treasonable felony, cyberbullying and cyberstalking which was illegally transferred to the account of the accused persons now at large.

“That the accused persons were involved in hosting another country’s flag in order to undermine the sovereignty of Nigerian state,” he added.

In the affidavit in support of the motion ex-parte, Gregory Woji, a detective attached to Force Criminal Investigation Department, deposed that preliminary investigation revealed that some suspects arrested were being recruited by some financiers to cause mayhem and destroyed life and property,
Woji said preliminary investigation further revealed that the financiers were sending money to recruit the indigents and other vulnerable individuals to carry banners and overthrow a democratically elected government.

According to him, preliminary investigation further reveals that some foreign nationals were the harrow head in the unscrupulous act of treasonable felony and promoting terrorism financing in Nigeria.

He said the act of the accused persons is akin to the offence of criminal conspiracy, terrorism financing, treasonable felony, cyberstalking and cyberbullying.

He said it is the function of the police to stop this act by apprehending the offenders as offence to one is an offence to all.

According to Woji, intelligent report gathered so far reveals that the suspects are making effort to transfer or withdraw money from the accounts and unless this honourable court grants this order, otherwise, the investigation will be jeopardise.

“That it will be in the interest of justice to grant this request by freezing the account of the said suspects and order their immediate arrest on sighting them pending the outcome of the investigation and possible prosecution,” he averred.(NAN)(www.nannews.ng)

 

By Chidi Anselm Odinkalu

“Rights are only worth having if they are occasionally boisterous, often inconvenient and frequently tiresome.” Inigo Bing, The Ten Legal Cases That Made Modern Britain, 169 (2022)Two years after his inauguration in October 2021 as Chief Judge of the High Court of the Federal Capital Territory (FCT High Court), Husseini Baba Yusuf, decided in November 2023 that it was time to indulge in a sport of institutional mating games with the newly installed Minister of the Federal Capital, Ezenwo Nyesom Wike. By a stroke of coincidence, both men are members of the Body of Benchers, which describes itself as “the legal body of practitioners of the highest distinction in the legal profession.”To initiate the mating, the Chief Judge relocated to the office of the Minister with the judges of the court where they proudly put their assets on display for the edification of the Minister. At the meeting, he reminded the Minister that “as a judiciary we are part of the government and we expect that we should be able to do things that should make government work….” The Chief Judge was desperate to let the Minister know how ready he was to consummate this relationship. To ensure that he got fullest Ministerial attentions, the Chief Judge made it known that he had instructed the Administrative Judges in charge of the various judicial divisions of the FCT High Court that all cases involving the Federal Capital Territory “would only be assigned by the Chief Judge.”The following quarter, when the FCT High Court went into the market for judicial appointments, they allocated one out of the twelve new vacancies on offer to the FCT Minister, to which he promptly deputed his sister-in-law. As the new judges got inaugurated in July 2024, the Minister quickly announced that the judges in the FCT will be proud beneficiaries of new housing development. The relationship between the Chief Judge and the Minister had moved from intent to intercourse. Things were going so well between the two institutional lovers that it was clear neither of them would knowingly allow any interloper to get in the way of their romance. When the #EndBadGovernanceInNigeria organisers threatened to intrude into this by making Abuja and the FCT a major theatre of their protest, it was time for the lovers to prove their commitment to one another. On 31 July, the day before the scheduled commencement of the protest, most people turned in early in anticipation of the disruptions from what promised to be the mother of all protests. Even judicial business was not left out of the sense of apprehension. It was in this uncertainty that the Minister of the FCT decided to prove to the world the depth of the intimacy between him and the Chief Judge of the FCT. On 31 July, he initiated proceedings without notice to the defendants (ex parte) asking the court of the Chief Judge to kettle within the confines of the Moshood Abiola Stadium any wannabe protesters who showed up in the FCT.This was a poorly rationalised decision, suggesting an executive loss of nerve for many reasons. First, the Moshood Abiola Stadium is at the neck of a funnel into the city from both southern Nigeria and from the international airport. It was not difficult to see that any significant demonstration would constitute an obstruction to in-coming traffic, if not a risk to travellers. One conclusion from the proposal contained in the filing by the FCT Minister was that the FCT administration had decided to pass the most substantial burden of any risks from the protest to travellers into and out of the FCT, effectively making them expendable. Second, in addition to making certain segments expendable, the FCT Administration simultaneously also chose to indicate in this proposal that they were not amenable to according any bandwidth to the protesters’ discontent. Banishing them to the vicinity of the Moshood Abiola Stadium was designed precisely to signal this.Third, the kind of order that the Minister sought from the FCT High Court was a profound safety risk to both potential protesters and law enforcement officers, whom it required to enforce the cordon. This kind of policing arrangement had been considered and found unlawful in places with more capable policing, including in England.Fourth, this was shameless evidence of an irresponsible FCT Administration. A more responsible administration could easily have designated the stadium as a viewing centre for the Olympic Games and invited the excluded youth of the FCT to a different experience of what’s possible when government cares.Even more curious than the nature of the orders that the Minister sought was the identity of the parties against whom he sought them. Omoyele Sowore, the lead defendant, was in New Jersey in the USA. Another leading defendant was called “Persons Unknown.” Now, a basic rule of civil proceedings is that cases can only be instituted against natural or legal persons. “Persons Unknown”, like spirits or ghosts, does not have capacity to sue or be sued. This does not ordinarily require any particular depth of legal skill or insight to figure out except, of course, before an FCT High Court caught in the throes of deep judicial passion with the FCT Minister. In this particular case of the suit against “Persons Unknown”, the FCT Minister retained the services of two Senior Advocates of Nigeria, SANs. Fittingly for a regime whose agents had expended their bigoted propaganda to demonise the Igbo nation over the protest, it seemed appropriate that the judge whom the Chief Judge of the FCT High Court found to assign the case to was known as Chinedu Oriji. From its Igbo language origins, the name roughly translates into “God guides the eating of the yam.”With little ado, this yam-eating court quickly granted all the orders sought, including “an order restraining the 1st-5th defendants from gathering or parading themselves along any roadway, street, offices and or public premises/property within the FCT between 1st-10th August 2024 or any other day thereafter pending the hearing and determination of” this case. Instead, the Court required all intending protesters from anywhere within the 7,315 km² of the FCT to converge at the Stadium at the entrance into the city where they would be confined by an armed security cordon thrown at the instigation of the FCT Minister and backed by the order from the judge called Oriji. Even before the Court rose for the day, the order was already in the public domain blaring from all government media. It read uncannily as if the order had been granted even before the case was filed. When the Chief Judge of the FCT High Court promised to “do things that should make government work”, he meant just that.In this case, however, it was doubtful whether the court was in fact making the government work or exposing it instead to irredeemable odium. A proposition more suited to the mass slaughter of protesters would have been hard to invent. If the protesters had not defied the order in the full majesty of its impracticality, it would have been easy for the government to claim that any number of them trampled to death thereby were unknown. The perpetrators would have been unknown too. That would have been fitting for a protest whose leaders the government had judicially designated as “Persons Unknown.” All that would have been both foreseeable and yet judicially authored. A court alive to its duties would have spotted this and saved itself and its executive suitors the embarrassment of issuing such an order. The only thing that mattered in this case, however, was how the FCT High Court could prove to the FCT Minister its rampant capacity for heedless intercourse with the executive. In this case, it was spared by the resilience of citizens. Providence, surely, will not always this gladly suffer the excesses of judicial prostitution. The morale of this tale is simple – there must be more dignified ways to eat the judicial yam.A lawyer and a teacher, Odinkalu can be reached at chidi.odinkalu@tufts.edu

By Flowerbudnews

A company, Haril Global Solutions Limited, has filed a N10 billion suit against Globus Bank Limited at the Federal Capital Territory High Court over an alleged breach of loan contract, among other issues.

The firm, through its lawyer, Pelumi Olajengbesi, sought the relief in a writ of summons instituted against the bank.

Olajengbesi, in the suit marked: CV/1456/2024, contended that the bank allegedly carried out multiple transactions on his client’s account without the company’s knowledge or authorisation, thereby failing to comply with the terms and conditions of the loan agreement.

The lawyer stated that despite the defendant breaching the contract terms with his client, it wrote to Access Bank, Fidelity Bank and Wema Bank, allegedly misrepresenting facts.

He stated that as a result, the respective banks placed a “post no debit” on all his client’s accounts held with them.

In the claimant’s statement on oath, deposed to by Oluwaseun Onobun, a Director at Haril Global, he explained that on December 7, 2021, Globus Bank sent a letter to his company offering an overdraft loan facility of N500,000,000.00 to augment the claimant’s working capital, with a tenor of one year.

He stated that the offer letter was duly signed , signifying the company’s acceptance of the offer from Globus.

The witness indicated that the express terms and conditions of the overdraft loan facility specified that the loan was provided at an interest rate of 16% per annum, and Globus was to maintain a Debt Service Reserve Account (DSRA) funded with at least two months’ interest cover for the duration of the facility.

“Furthermore, the offer letter stipulated that if funds were withdrawn from the DSRA to cover a shortfall in debt service, the company was required to restore the credit balance of the DSRA to an amount equal to two months’ interest within two days.

“Failure to do so would constitute an event of default under the facility,” he said.

He argued that due to the longstanding cordial relationship between the claimant and Globus Bank, and the fact that the claimant never defaulted on the contract terms, the defendant offered to increase the overdraft loan facility from N500,000,000 to N1,000,000,000 on July 14, 2022, to meet the claimant’s operational cash flow requirements for a year.

He further stated that after the completion of the initial one year loan arrangement and the smooth business relationship, the facility was increased to N5,000,000,000, then to N7,000,000,000, and finally to N8,000,000,000 in August 2023 at various times.

He maintained that the claimant, from 2021 to 2023, when the overdraft loan facility was initiated and reviewed with increments, promptly paid all rates, charges, and interest, including N734,215,998.84 as interest on the facility between April 2023 and January 2024.

He stated, that “however, to the claimant’s dismay, on November 22, 2023, the claimant noticed a significant reduction in the overdraft with an available balance from over N4,000,000,000 from the N8,000,000,000 duly granted to a surprising N223,000,000,” he submitted.

He alleged that on December 13, 2023, following inquiries, Globus Bank sent a doctored statement of account dated December 13, 2023, containing transactions the claimant was unaware of.

He stated that the claimant responded to an email from the defendant on December 14, 2023, seeking clarity and reports on the overdraft and collection accounts.

The claimant requested detailed information on all debit and credit transactions, including transactions IDs, dates and amounts, noting missing information in the defendant’s December 21, 2023 email, which suggested intentional omission to create confusion.

He stated that Globus Bank later confirmed an erroneous transfer occurred from the claimant’s overdraft account to the claimant’s operating account.

He said that it was based on the bank’s disclosure of erroneous transfers that the claimant requested for the details of the transaction via emails.

“At the referenced meeting, the defendant promised to restore the claimant’s Corporate Internet Banking profiles to enable the claimant to manage their liquidation, view their balance, and download statutory reports (the same reports the defendant refused to send to the claimant), but the defendant failed to do so,” he submitted.

He said that amidst these developments, Globus Bank continued collecting undue interest from the claimant despite the claimant being unable to conduct business due to restrictions placed on their account due to suspicious transactions.

“As a result of the ‘Post-No-Debit’ placed on the claimant’s accounts, the claimant has lost the business goodwill of her clients and has incurred a gross loss of Ten Billion Naira (N10,000,000,000.00) due to the inability to conduct business with all accounts held with the defendant, Access Bank, Fidelity Bank, and Wema Bank,” he stated.

The claimant subsequently urged the court to impose N10 billion in damages on Globus Bank while ordering the bank to return the several millions withdrawn from its accounts.

The claimant’s lawyer argued that the bank’s claims of erroneous transactions are doubtful, as the bank had imposed restrictions on the loan facility from the beginning, preventing his client from solely withdrawing from the claimant’s overdraft account.

He added that the claimant had consistently maintained a Debt Service Reserve fee of not less than One Hundred Million Naira with the bank as a precaution against any default, which his client never committed.

In response, the Globus Bank denied the allegations made by the claimant.

In the bank’s counter affidavit deposed to by Tamunosiki Wakama, a litigation clerk, it stated that the relief sought by the applicant is not in the interest of justice and should be dismissed.

The court has scheduled January 13 and 14, 2025, for the hearing of the case.

 

 

Flowerbudnews

Alhaji Aminu Yakubu Wambai, a traditional title holder in Zazzau Emirate in Kaduna State, says he is neither an associate nor a relative of Abdulrasheed Maina, the convicted former Chairman of the defunct Pension Reform Task Team (PRTT).

Wambai, who holds the title of Wakilin Raya Kasar Zazzau, was reacting to a report linking him to Maina, who was convicted over a N2 billion pension fraud.

He made the clarification in a correspondence to the News Agency of Nigeria (NAN) in Abuja.

Wambai, who drew attention to a July 4 judgment of the Federal High Court setting aside his property from the list of those presented by EFCC for final forfeiture, dissociated himself from any relationship with the pension convict.

NAN reports that Justice Joyce Abdulmalik of a Federal High Court, Abuja had ordered final forfeiture of at least 20 property linked to the ex-chairman of PRTT.

The EFCC had, on Oct. 22, 2019, obtained an order of interim forfeiture over 23 properties in different parts of the country, which the commission said it suspected were acquired by Maina with proceeds of unlawful activity, allegedly using family members and associates.

In response to the court’s interim order for people with interest in the affected properties to show cause why they should not permanently forfeit the properties to the Federal Government, some individuals applied to claim some of the properties.
Those who applied to claim some of the properties are: Hajia Laila Maina, Uwani Usman, Alhaji Aminu Yakubu Wambai, Haruna Mu’azu Musa and Aliyu Abdullahi.
In the judgment, a copy of which was seen on Tuesday, Justice Abdulmalik agreed with lawyer to the EFCC, Farouk Abdullah, that most of those who claimed to own the properties failed to effectively establish their claims by producing credible evidence.
However, Abdulmalik held that Wambai and Abdullahi succeeded in their claims in respect of the properties listed as numbers 3 and 20 in the schedule of properties attached to EFCC’s application for final forfeiture.
In respect of the property identified as “Flat 42C SMC Quarters, Unguwan Dosa, Kaduna, Kaduna State” claimed by Alhaji Wambai, the judge noted that the EFCC did not dispute the claim by Alhaji Wambai.
Justice Abdulmalik said: “It is pertinent to mention that the learned counsel for the applicant filed no response to controvert this process.
“He, in fact, urged this honourable court to vacate the interim order of forfeiture granted on 22nd October, 2019 against property No: 3.”
In respect of the property claimed by Abdullahi, identified as “Plot of C of O BO/426 beacon B5086, B5087, B5105, B5104, B5099 Cadastral zone B05 Utako, Abuja, FCT,” the judge also agreed with Abdullahi.
The judge said: “It suffices to mention in this instance, that the learned counsel for applicant (EFCC) informed the court that he is not opposed to the claim of Aliyu Abdullahi in respect of property No: 20.
“He urged the court to vacate the interim order of forfeiture granted by this honourable court in respect of the aforementioned property on 22nd October, 2019; this honourable court ordered accordingly on 8th day of May 2024.”
In respect of property No. 14 identified as “Plot 18 Road F on TPO 462B C of O Kd5469 Kaduna, Kaduna State,” Abdulmalik excluded the property upon an application to that effect by the EFCC.
She said: “Learned counsel for applicant drew court’s attention to Property No: 14 claimed by Mr. Maina; he applied that this court expunge Property No: 14 from the schedule of properties listed in applicant’ motion on notice filed 19th November, 2019 for final forfeiture on the premise that the applicant had erroneously listed the said.
“Property No: 14; that same was not included in the interim order granted by this court on 22nd October, 2019.
“Consequently, this honourable court expunged Property No: 14 from this proceedings on 8th day of May, 2024,” the judge said.
Abdulmalik further said: “It is trite in law that civil cases in non-conviction forfeiture are hinged on the preponderance of evidence.
“Again, I hold that the respondents have failed woefully in tilting the scale of evidential weight in their favour.”
Abdulmalik, however, ordered the final forfeiture of 20 property listed in the schedule for failure of the claimants to show good and credible cause on the history of their legitimate earnings.
“In view of this grave omission on the part of the claimants to show good and credible cause on the history of their legitimate earnings, I hereby find merit in applicant’s application for final forfeiture of properties Nos: 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 set out in schedule one, attached to the order of interim forfeiture, save properties No: 3, 14 and 20. I so order,” she stated.
Although three property listed in the suit by the anti-graft agency were vacated by the court, it inadvertently cited Wambai and Abdullahi’s names as associates of Maina in its earlier reports.
But Wambai, in his July 15 letter, said he was neither Maina’s associate nor his relative.
“Firstly, as per attached, being a one time member of the NNPC Newsletter Editorial Board, I know the effect of what inaccurate reporting means as contained in the Ethics and values of a reporter.
“Secondly, I took EFCC to court over erroneous inclusion of my house No. 42c SMC Quarter, Kawo Kaduna in Addulrashid Maina’s case which I fought and won my case against EFCC as per attached ‘court order (INC/ABJ/CS/1154/2619) of 8th May, 2024, ruled by Justice J.0. Abdulmalik of the Federal High Court Abuja, who vacated the EFCC’s application.

“Thirdly, therefore, I have nothing to do with Abdulrashid Maina, in terms of association or relationship.

“As such, it will be wrong of anyone to refer to me as associate or relative of Abdulrashid Maina.

“Fourthly, as ruled by the judge, I claimed only my house (No. 42c SMC Quarters), therefore I have nothing to do with the 23 houses you reported as having been claimed by the associate and relatives of Abdulrashid Maina,” he said.

 

Flowerbudnews

A Federal High Court in Abuja on Tuesday adjourned the alleged money laundering case against Ali Bello and his co-defendant, Dauda Suleiman until Oct. 7 for continuation of trial.
Justice James Omotosho adjourned the matter after the Economic and Financial Crimes Commission (EFCC) had called seven witnesses to prove the 10-count amended charge preferred against the duo.
While Rotimi Oyedepo, SAN, appeared for the EFCC, Abubakar Aliyu, SAN, and Olusegun Jolaawo, SAN, represented Bello and Suleiman respectively.
In the amended charge, the EFCC accused the defendants of diverting money belonging to the Kogi State government.
The anti-graft agency said the alleged offence contravened Section 18 (a) of the Money Laundering Prohibition Act, 201.
In other charges, Alli Bello and Dauda Suleiman were alleged to have concealed several millions of naira with one Rabiu Musa Tafada, a Bureau De Change operator trading under Global Venture in Abuja.
The defendants, however, pleaded not guilty to all the charges filed against them by the EFCC.
Justice Omotoso ordered that the defendants should continue to enjoy the bail conditions granted them in the previous charge.

 

Flowerbudnews

A Federal High Court, Abuja, on Tuesday, issued a bench warrant for the arrest of Dr Abraham Ehizojie, the Medical Doctor at the health facility of Kuje Correctional Centre, over alleged refusal to produce the medical report of Tigran Gambaryan, the detained executive of Binance Holdings Ltd.

Justice Emeka Nwite gave the order following an application by Gambaryan’s lawyer, Mark Mordi, SAN.

The News Agency of Nigeria (NAN) reports that Gambaryan was whisked into the Court 9 of the high-rise building in wheelchair earlier in the morning.

Gambaryan, alongside the cryptocurrency firm, is facing a money laundering charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

Justice Nwite had, on July 5, ordered the management of the Nigerian Correctional Service (NCoS) to release the medical certificate of Gambaryan on or before July 16 (today).

The judge gave the order following an application by Mordi.

Mordi had prayed the court to summon Ehizojie to explain why he had allegedly refused to make available his client’s medical report despite earlier court order.

NAN reports that Gambaryan had, on May 23, collapsed in the open court over alleged ill-health.

The defence law firm, Aluko & Oyebode, had also, on May 27, raised alarms that the cryptocurrency firm’s executive, might die in Kuje Correctional Centre over his alleged deteriorating health.

see

At the resumed hearing on Tuesday, Mordi said in open court that the judge’s order had not been complied with.

The judge then asked a prison official who brought Gambaryan to court about the development.

The prison official said he got the court order and delivered the order to the doctor on July 9 (Tuesday).

“He is not here and I expected him to be here,” he added.

The EFCC counsel, Ekene Iheanacho, told the judge that he thought that the medical officer would be in court today.

Mordi then prayed the court to issue a bench warrant against the medical officer of the correctional centre to be produced in court in the next adjourned date.

The lawyer also asked the court to make an order for his client to be given hospital remand immediately so that thorough medical examination could be carried on him to know his true state of health.

“My client came in here on a wheelchair. He has been complaining of a back pain.

“We need to be careful of the life in our hands,” Mordi said.

Iheanacho, who did not dispute the fact that the defendant should be given adequate treatment, disagreed that Gambaryan should be placed in hospital remand.

After listening to counsel’s submissions, Nwite said it was unfortunate that a government institution would be treating a court order with levity.

“I hereby make an order of bench arrant on the medical doctor at the Kuje Correctional Service, to appear before this court,” he said.

He also ordered that Gambaryan be taken to the Nizamiye Hospital for medicare for 24 hours, at any time of his choice but under full security surveillance.

The judge adjourned the matter until Oct. 11 and Oct. 18 for continuation of trial.

Earlier, Dr. Olubukola Akinwunmi, Head, Payment Policy and Regulation Division at the Central Bank of Nigeria (CBN), gave evidence and was cross-examined by Babatunde Fagbohunlu, SAN, counsel for Binance, the 1st defendant in the criminal charge.

 

Flowerbudnews

A former Attorney-General (A-G) of Imo, Chukwuma-Machukwu Ume, SAN, has urged the Federal Government to embark on a holistic restructuring of the country to ensure true federalism.

Ume gave the advice in a congratulatory message to the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAM, over the Supreme Court judgment on local government autonomy.

The lawyer urged him to move further to secure a holistic and comprehensive independence and autonomy of the courts and other state’s Houses of Assembly.

He said “this bold steps, if taken, would become preludes to positioning the country into a functional and meaningful federalism that holds hopes for our children.

“I sincerely appreciate and congratulates your good self and your office on your patriotic and historic efforts in conceiving, instituting and prosecuting the above much needed constitutional suit at the Supreme Court of Nigeria leading to the heartwarming pronouncement of the court on the crucial political and financial autonomy of the Local Government Councils.

“We look forward that God will continue to assist you with the same wisdom, vision and strength of mind to further pull the country into institutionalising a holistic and comprehensive independence and autonomy of the courts and other state’s Houses of Assembly during your tenure.

“The inevitable truth is that no living thing can exist without a good structure.

“The tree must have taproot in the soil, grow its stem, branches and leaves so as to bear fruits.

“As at today, Nigeria is lacking these fundamental structures and that is why we are where we are today.

“Your bold and far reaching endeavours has rejuvenated the true intentions of the constitution of the Federal Republic of Nigeria as to the independence and autonomy of the local government system, particularly on the intents and purpose of the federal constitutional democracy of our country, ” he said you

 

 

Flowerbudnews

A Federal High Court Abuja has declared the Feb. 22 Peoples Democratic Party (PDP)’s primary election that produced Asue Ighodalo as party’s candidate in the forthcoming governorship election in Edo as unlawful and unconstitutional.

Justice Inyang Ekwo, in a judgment on Thursday, agreed with the plaintiffs’ submission that the primary failed to comply with Sections 82 of the Electoral Act, 2022; the guidelines for the conduct of the poll and Article 50(3) of the party’s constitution.

The judge held that by virtue of the Ad Hoc delegates congress conducted on Feb. 4 and the exclusion of the three plaintiffs and 378 other lawful delegates, making 381 delegates, in the Feb. 22 primary poll, the election was a nullity.

Citing judicial authorities, Justice Ekwo said “it is mandatory for a political party such as the 2nd defendant (PDP) to comply with its constitution.”

Also making allusion to a previous case in Christian vs. Innocent (2023), he said a party must therefore respect and honour its guidelines or constitution.

“Parties are bound by the constitution of Nigeria, the Electoral Act and their own constitution and guidelines.

“Where they act contrary to the provisions of the law and the guidelines which they have enacted for themselves, such actions will be declared invalid,” he quoted.

Justice Ekwo, who said that the Exhibit PDP 1 tendered by the party was bereft of evidence, held that the plaintiffs, through the exhibits tendered, were able to establish their case against the defendants.

“I do not see how Exhibit PDP1 has complied with the provision of Article 5O (3) of the 2nd defendant’s constitution which makes mandatory provision that the Congress for 3 delegates shall be by direct primaries in which all card-carrying members of the party at the ward level shall participate.

“Unlike Exhibits BID 8A to 8L, Exhibit PDP1 does not demonstrate that the said results emanated from direct primaries in which all card-carrying members of the party at the ward level shail participate.

“There is therefore, no evidence that Exhibit PDP1 complied with the provision of the 2nd defendant’s constitution.

“It has always been the law that where a statute or statutory instrument provides for a mode or method of doing a thing, non-compliance with such a prescribed mode or method goes to the root of the matter and it affects the foundation.

“The lapse is beyond mere irregularity, and it is ultra vires.

“In other words, it is null and void and of no effect,” he said.

The judge said that from the exhibit presented by the PDP, he found that the returning officers who prepared the result sheets only sat down in a place to manufacture the outcome.of the poll.

He said Adeyemi Ajibade, SAN, the National Legal Adviser of the party, who gave information to the deponent in their counter affidavit, was not an eye witness of the ward congress purportedly conducted by the PDP.

He also said the deponent, Nanchang Ndam, a litigation secretary in the PDP Directorate, was also not an eye witness.

“Not being persons on ground at the time that the said congress was held, A. K. Ajibade, SAN who gave information to the deponent failed to state his source of information.

“Be that as it may, I have noted upon studying Exhibit PDP1 of the 2nd defendant, that the said Result Sheets do not qualify as Ward Congress Result Sheets going by the provision of Article 1 (b) (i) of the Electoral Guidelines for Primary Elections of 22nd February, 2024 of the 2nd defendant which makes it for each Ward Chapter of the Party to elect three (3) Ward Ad-Hoc Delegates at a Special Ward Congress.

“Where election of delegates in a Ward Congress is in issue, the only credible evidence is the Result Sheet of the Congress of each Ward Chapter of the party where such congress was held and not ‘Summary of Result Sheets for Elected 3 Ad Hoc Ward Delegates’ by Local Government Areas which the 2nd defendant has tendered in this case.

“I find that the said ‘Summary of Result Sheets for Elected 3 Ad Hoc Ward Delegates’ (Exh. PDP1) are hurriedly manufactured documents leaving quite a brazen trial of their illegalities.

“What happened here is that two people sat down and wrote and signed some of the Result Sheets and in the process failed to signed some together and outrightly failed to sign other sheets.

“As for the unsigned documents, the law is clear that unsigned documents command no judicial validity and have no evidential or probative value,” the judge said.

The News Agency of Nigeria (NAN) reports that three aggrieved ad-hoc delegates, for themselves and on behalf of the 378 others, had sued the Independent National Electoral Commission (INEC), the PDP, its national secretary and the vice chairman, south south as 1st to 4th defendants respectively.

In the originating summons marked: FHC/ABJ/CS/165/2024 dated Feb. 7 but filed Feb 8, the plaintiffs put four questions for determination and sought for two orders.

The number four question read: “Whether by virtue of the provisions of Article 50(3) of the constitution of the 2nd defendant, an exclusion of the plaintiffs and other lawfully elected delegates whose names and election results appear on Exhibits BID 8A to 8L, from participating in the scheduled governorship primary election of the 22nd of February, 2024 by the defendants, such primary election can be said to be lawful, valid, legitimate or constitutional?”

Delivering the judgment, Justice Ekwo answered the number four question posed by the plaintiffs in affirmative.

“Consequently, I find that the case of the plaintiffs succeeds on the merit upon preponderance of evidence as required by law.

“Before I answer the questions formulated by the P
plaintiffs, there is need to say that question 1 did not adduce evidence on it.

“I answer the other questions as follows:

“Question 2 in the affirmative; question 3 in the negative, and question 4 in the affirmative.

“I enter judgement on the terms as follows:

“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the Constitution of the 2nd defendant (as amended in 2017), the plaintiffs together with the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected Ward Congress Delegates in their respective wards and by virtue of which the defendants cannot exclude them from participating as 3 Ad-Hoc Ward Delegates at the governorship primary election of Edo State slated for the 22 of February, 2024 or any other date.

“An order is hereby made directing the defendants who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50 (3) of the 2nd defendant’s constitution (as amended in 2017) to abide by the outcome of the 3 Ad-Hoc Delegates Ward Congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.

“An order of Mandatory Injunction is hereby made restraining the 1st, 2nd, 3rd defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as 3 Ad-Hoc Ward Delegates in the governorship election primaries of the 2nd defendant slated for the 22nd of February, 2024 or any other date.

“This is the order of this court,” the judge said.

Earlier, Justice Ekwo also held that, though INEC, the 1st defendant, filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.

According to the judge, the 1st defendant counsel only said the commission will be bound by the decision of the court.

“There is need to say that it is not helpful to the cause of justice for the 1st defendant (INEC) who by virtue of its statutory and constitutional functions and power to observe and monitor conventions, congresses and meetings of political parties and to keep records of the activities of all registered political parties, does file process nor actively take part in proceedings in order to assist the court.

“Where the law gives power, duty or function to a person, the expectation of the law is that such a person shall exercise such power and perform such duty or function creditably and lawfully, and shall take responsibility where such is required.

“Let me stop here. I know that the 1st defendant has heard me well,” the judge said.

NAN reports that the 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor.