Tag: Court

 

Flowerbudnews

A Federal High Court, Abuja, on Wednesday, ordered the closure of two companies linked to the alleged 9.6 billion dollars Process and Industrial Development (P&ID) Ltd scandal.

The News Agency of Nigeria (NAN) reports that the two companies are Trinity Biotech Nigeria Limited and Resorts Express Concept Nigeria Ltd linked to the fleeing Briton, Mr James Nolan.

Justice Donatus Okorowo, in two separate judgements, held that the two companies were found guilty of the money laundering offences and were accordingly convicted under the same Act.

Justice Okorowo, therefore, ordered that the two companies be wound up and their entire assets be forfeited to the Federal Government of Nigeria.

NAN reports that the judge had, on May 6, adjourned the two separate charges filed by the Economic and Financial Crimes Commission (EFCC) against the two companies and the British national for judgment.

Justice Okorowo fixed the date after counsel for the EFCC, Bala Sanga, and the defence lawyer, Michael Ajara, adopted their final written addresses and made their submissions in the matters.

Although the charges were amended in the course of the trial after Nolan, a director in the P&ID Ltd and the two companies, jumped bail and fled Nigeria, the EFCC applied that Nolan should be tried in absentia.

Nolan was declared wanted and an order was made for his arrest anywhere he is sighted.

NAN had earlier reported that the EFCC was prosecuting Trinity Biotech Nigeria Limited and Nolan in the charged marked: FHC/ABJ/CR/272/2022 as 1st and 2nd defendants in the case.

Also, the commission was also prosecuting a sister case marked: FHC/ABJ/CR/273/2022 filed against Resorts Express Concept Nigeria Ltd and Corrado Fantoli as 1st and 2nd defendants respectively before Okorowo.

Fantoli, also a foreigner and an associate of Nolan, was one of the suspects behind the alleged $9.6 billion P&ID fraud.

The suspect, said to be at large, alongside the company, was arraigned in absentia on Nov. 25, 2022, on eight-count money laundering charge.

He was not present in court or represented by a lawyer when they were arraigned.

The court also declared him wanted and ordered for his arrest anywhere he is sighted after Sanga made application to the effect.

Fantoli and Giovanna Beccarelli, who had also been declared wanted and an arrest warrant issued against her, were said to be directors and signatories to the company’s Guaranty Trust Bank account number: 0123849451.

Resorts Express Concept Nigeria Ltd and Trinity Biotech Nigeria Limited are two of the over 30 companies associated with the $9.6 billion scam.

NAN reports that other cases linked to the scandal are currently before Justice Obiora Egwuatu, Justice Peter Lifu of FHC Abuja, besides other charges at FCT High Courts.

A Business and Property Court in London presided over by Justice Robin Knowles of the Commercial Courts of England and Wales had, in October 2023, quashed the 11 billion dollars awarded against Nigeria in a case filed by the P&ID.

Judge Knowles held that the award was obtained by fraud and that what had happened in the case was contrary to public policy.

 

Flowerbudnews

The Supreme Court has granted leave to a lawyer, Emmanuel Ekpenyong Esq. to appeal against the judgment of Court of Appeal, Abuja delivered on May 12, 2022, dismissing his appeal against the Attorney-General of the Federation (AGF) on the inoperative Foreign Judgment (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990.

A five-member panel of the Supreme Court in a unanimous Ruling delivered by Justice Adamu Jauro granted the appellant’s prayers one to four.

It will be recalled that while Ekpenyong is the appellant in the case number: SC/CV/92/2024, the AGF is the sole respondent.

Justice Jauro said the court was satisfied that the AGF was served with hearing notice on May 24, 2024.

“The application filed on February 15, 2024 is for the trinity prayers.

“There being no objection, it is hereby granted in terms of prayers 1 to 4.

“Extension of time to apply for leave to appeal against the judgment of the Court of Appeal delivered on 12th May, 2022 in appeal No. CA/A/132/2020 in Emmanuel Ekpeyong Esq Vs Attorney General of the Federation and Minister of Justice.

“Leave to appeal is also granted.

“Extension of time to appeal against the said decision is made to today,/May 27, 2024.

“Leave to appeal against the concurrent findings is also granted.

“The applicant is to file the notice of appeal within 60 days from today,” the judge declared in the certified true copy of the ruling made available to newsmen on Wednesday.

Ekpenyong has dragged the AGF to the Supreme Court over alleged failure to promulgate an Order to bring Part 1 of the Foreign Judgment (Reciprocal Enforcement) Act, 1990 into operation since its enactment in 1960 to commence on Feb. 1, 1961.

The lawyer’s notice of appeal, marked: SC/CR/92/2024, was dated and filed on July 2.

Ekpenyong of the law firm of Fred-Young & Evans LP, gave two grounds of appeal and sought four reliefs, including an order setting aside the whole judgment of the Court of Appeal.

He also sought “an order compelling the respondent to promulgate an Order further to Section 3 (1) of the Foreign Judgment (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990 extending its applicability to commonwealth countries and to other countries which the respondent may elect to bring Part I of the Act into operation.

“An order granting all the reliefs sought by the appellant in his originating summons dated 21st June, 2017.”

He equally sought an order allowing his appeal.

In the first ground of his appeal, Ekpenyong submitted that “the Learned Justices of the appellate court erred in law when they held that the administrative discretion granted to the AGF under Section 3 (1) of the Foreign Judgments (Reciprocal Enforcement) Act, CAP F35, Laws of the Federation of Nigeria, 1990 (“the 1990 Act”) to promulgate an Order to bring Part I of the 1990 Act into operation is absolute and not subject to judicial review.”

In the second ground of appeal, Ekpenyong contended that “the Learned Justices of the Court of Appeal misdirected themselves when they applied the literals rule of interpretation to interpret the word ‘may’ as used in Section 3 (1) of the Act as discretionary rather than apply the purposive rule of interpretation to interpret the word ‘may’ n the provision as mandatory so as to arrive at the true intention of the legislature as at when it enacted the Act in 1960″

The Court of Appeal, Abuja Division in an appeal number: CA/A/132/2020, between Ekpenyong and AGF, dismissed the appeal on May 12, 2022.

It, thereafter, upheld the judgment of a Federal High Court (FHC), Abuja delivered by retired Justice Anwuli Chikere that the AGF had absolute discretionary powers under Section 3 (1) of the Act to promulgate an order to bring Part 1 of the Act into operation.

The constitutional and human rights lawyer had, in the suit marked: FHC/ABJ/CS/755/2017 dated and filed on June 21, 2017, sued the AGF as sole defendant before retired Justice Chikere of a FHC in Abuja.

In the originating summons, the lawyer urged the court to determine whether there is a mandatory legal duty on the AGF under Section 3{1) and 9 of the Foreign Judgment Reciprocal Act, CAP F35, Law of the Federation, 1990 (the 1990 Act) to promulgate an order to bring Part 1 of 1990 Act into operation.

Ekpenyong, therefore, sought an order of mandamus compelling the AGF “to exercise the mandatory legal duty stipulated” in the section of the law.

The plaintiff had averred that he was a member of international law networks like IR Global, Global Law Experts, Legal Finest and International Credit Network and that evidence had shown that he had sufficient interest in the subject matter contrary to the AGF’s argument.

He stated that he had suffered some damage and hardship as a result of the AGF’s failure to promulgate the order.

In addition, he contended that he had lost business for registration of foreign judgments in Nigeria because of the AGF’s failure to promulgate the Order to bring Part 1 of the 1990 Act into operation.

Ekpenyong said that the promulgation of the Order would make foreign businesses to do more businesses with Nigerians and Nigerian companies because they would be able to recover monetary judgments in Nigeria.

“This will improve international trade and foreign investments. This will also boost the Nigerian economy and the right to livelihood of the plaintiff and Nigerians,” he had argued.

 

Flowerbudnews

A Federal High Court in Abuja on Thursday, ordered accelerated hearing in a suit filed against the Vice Chancellor (VC) of University of Abuja, Prof. Rasheed Na’Allah, over plan to inaugurate the newly elected Internal Governing Council Members of the institution.

Justice Inyang Ekwo gave the order following a preliminary objection filed by Prof. Na’Allah, through his lawyer, Ogwu Onoja, SAN, against the plaintiffs’ originating summons.

The News Agency of Nigeria (NAN) reports that the plaintiffs; Prof. Saint Gbilekaa, Prof. Edmund Nwanna, Prof. Sunday Ejaro, Prof. Kasim Umar, Prof. Wesley Nafarnda and Dr Uju Patrick, had filed the motion ex-parte marked: FHC/ABJ/CS/683/2024.

The six aggrieved senior lecturers had sued the VC; President, Federal Republic of Nigeria; Attorney-General of the Federation (AGF) and National Universities Commission (NUC) as 1st to 4th defendants respectively.

In a motion ex-parte dated and filed June 5 through their lawyer, Maxwell Opara, they sought seven reliefs, which include an order of interim injunction directing all parties to maintain status quo ante bellum pending the determination of the motion on notice.

They also sought an order of interim injunction restraining the 1st defendant (VC) and others from conducting any inauguration of the newly elected internal council members of the university pending the determination of the motion on notice, among other reliefs.

Justice Ekwo had, on June 7, ordered Na’Allah.to appear before it today to show cause why the planned inauguration should not be stopped.

The judge gave the order, in a ruling, shortly after Opara, moved the ex-parte motion to the effect.

When the matter was called, Opara informed the court that the matter was slated for Na’Allah to show cause.

The lawyer told the court that he was served by Na’Allah’s counsel with the preliminary objection and a counter affidavit few minutes ago.

“All the other processes are not ripe as we are concerned with the affidavit to show cause.

“I will be asking the court to dismiss the 1st defendant’s affidavit to show cause because of their noncompliance with the rules.

“The notice to show cause did not comply with the rules,” Opara said.

Onoja, however, explained that Na’Allah was ordered to show cause within three days and in compliance with the order, they filed on June 11.

The judge, however, said the processes were yet to be seen in the court file and Onoja passed them to the judge through the court clerk as directed.

Opara indicated his interest to respond to the preliminary objection.

He also said that since the VC “keeps changing the date of the event,” he would love to join other parties from the institution.

The judge told him that if a decision is made against the VC, it is against the university.

“The preliminary objection is before me and I cannot ignore it.

“I make an order for accelerated hearing,” Justice Ekwo declared.

He said he had looked at the grounds of the objection, and found out that he had to determine it first.

The judge then adjourned the matter until June 20 for hearing.

“On the date of hearing, the preliminary objection if any, will be taken together with the substantive matter and the processes of any party that is absent from court will be deemed as adopted.

“If any party is responsible for the matter not be being heard, the learned counsel for the party will be personally penalised,” he said.(NAN)(www.nannews.ng)

 

 

Flowerbudnews

A Federal High Court, Abuja, on Thursday, fixed June to hear a suit seeking the removal of the National Chairman, All Progressives Congress (APC), Dr Abdullahi Ganduje.

Justice Inyang Ekwo fixed the date after the plaintiff’s lawyer, Benjamin Davou, sought the leave of the court to allow time to reply to Ganduje’s preliminary objection.

The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, is in the suit marked: FHC/ABJ/CS/599/2024 querying the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.

Listed as defendants in the case are Ganduje, the APC and the Independent National Electoral Commission (INEC).

When the case was called on Thursday, Davou said although the suit was slated for hearing, it would not be possible because Ganduje’s lawyer, Raymond Asikeni, just served him the notice of preliminary objection and their counter affidavit.

Davou promised to file his reply to the two sets of documents filed by Ganduje first thing on Wednesday after the public holiday.

Justice Ekwo then adjourned till June 26 for hearing.

“On the date of hearing, the preliminary objection will be taken together with the substantive suit.

“The processes of any party that is absent from court shall be deemed as adopted,” he said.

The News Agency of Nigeria (NAN) reports that the plaintiff, in the main suit, wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.

It also prays the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.

The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.

The plaintiff’s argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.

It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party.

The plaintiff added that by the true interpretation of Article 31.5(1) of the APC. Constitution 2013 (as amended), the party is bound to comply with the procedure for the replacement of an officer in the event of a vacancy and ought to appoint a member from Nasarawa State in the North Central geo- political zone into the office of the chairman of the party.

The plaintiff wants the court to among others, declare that by Article 20(1) of the APC constitution 2013 as amended, Ganduje cannot be appointed as the National Chairman of the party other than through democratic conducted elections and that his current occupation of the office is illegal.

It equally seeks a declaration that by the provisions of Article 13 of the APC constitution 2013 (as amended), the party’s National Convention is the final authority of the party which has the power to elect or remove national officers of the party including the national chairman of the party.

The plaintiff also wants a declaration that the party’s NEC lacked the power to appoint any person to the office of the Chairman, among others.(NAN)(www.namnews.ng)

 

Flowerbudnews

A Federal High Court, Abuja, on Thursday, ordered two staff of the Account and Finance Department of the Rural Electrification Agency (REA) to be remanded in Kuje Correctional Centre over alleged N1.853 billion fraud.

Justice Emeka Nwite ordered the two officials; Umar Musa Laraye and Emmanuel Titus Pada, to be remanded pending their bail plea after they were arraigned on separate four-count charges.

The News Agency of Nigeria (NAN) reports that Justice Nwite had, on June 6, issued a bench warrant for the arrest of Laraye, Pada and Henrientta Onomen Okojie for failure to appear in court for their arraignment.

The judge gave the order after Osuobeni Akponimisingha, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved an oral application to the effect.

He then adjourned the matter until today for ICPC to produce Laraye and Pada in court, while Okojie’s case was fixed for June 14 (Friday).

The ICPC had preferred separate four-count charges against the affected officials over allegations of misappropriation of public funds meant for the provision of electricity to rural communities across the country.

In the first charge marked: FHC/ABJ/CR/204/24, the anti-corruption agency sued Pada as sole defendant.

The commission sued Karaye in the second charge marked: FHC/ABJ/CR/202/24, while Okojie was equally sued in the charge number: FHC/ABJ/CR/203/24.

When the cases involving Laraye and Pada were called, Akponimisingha informed the court that the matters were scheduled for them to take their plea.

The anti-corruption commission lawyer applied that the June 6 bench warrant be vacated against them since the defendants were in court and Justice Nwite granted the request.

After the separate four-count charges were read to them, they pleaded not guilty and Akponimisingha applied for a trial date.

But Idoko Alhassan, who appeared for the two defendants, told the court when the first matter involving Laraye was heard that he had already filed a bail application on behalf of his client dated June 11.

Alhassan said the application was duly served on the prosecution on Tuesday.

Responding, Akponimisingha said he was yet to receive the copy of the bail.application.

The judge equally said that the prosecution was still within time to respond to the application.

Justice Nwite, who adjourned the matter until June 20 for hearing of the bail application, ordered Laraye, including Pada, to be remanded in Kuje Correctional Centre.

He then fixed their trial until July 10.

NAN also reports that on June 6, the ICPC arraigned Usman Ahmed Kwakwa, also an official of REA, on a four-count charge bordering on fraud.

Kwakwa pleaded not guilty to the counts preferred against him.

Justice Nwite admitted him to a N50 million bail.(NAN)(www.nannews.ng)

 

Flowerbudnews

The Federal High Court (FHC) will, on July 23, begin its annual vacation.

The FHC Assistant Director of Information/ICT, Dr Catherine Oby-Christopher, made this known in a statement on Tuesday in Abuja.

The statement was titled: “Notification of Federal High Court Annual Vacation for the Year 2024 and Vacation Roster For Judges.”

It reads in part: “By virtue of the provisions of Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, the Chief Judge of the Federal High Court of Nigeria, Honourable Justice John Terhemba Tsoho, OFR, KSS, FCIArb.(UK) announces its 2024 Annual Vacation and Roster for Vacation Judges.

“The vacation will commence from Tuesday, the 23rd day of July 2024 to Sept. 13.

Normal court sitting, it added will resume on Sept. 16, 2024.

“This is in order for judges to enjoy their well- deserved rest and to prepare for the tasks and activities of the New Legal year.”

The statement advised the litigating public to approach Abuja, Lagos and Port-Harcourt divisions of the court for matters of extreme urgency during the period.

Justice Emeka Nwite and Justice Peter Lifu of the Abuja division; Justice Akintayo Aluko and Justice Isaac Dipeolu for Lagos division and Justice A. T. Mohammed and Justice P. M. Ayua for Port- Harcourt were appointed vacation judges .(NAN)(www.nannews.ng)

 

Flowerbudnews

A Federal High Court, Abuja, on Monday, ordered the remand of Dr Adejare Adegbenro in Kuje Correctional Centre for establishing an illegal government agency.

Adegbenro was alleged to have established National Commission for the Coordination And Control Of Proliferation of Small Arms, Ammunitions And Light Weapons (NATCOM).

Justice Emeka Nwite gave the order after he was arraigned by the Nigerian police on a six-count charge bordering on terrorism, advance fee fraud and cybercrimes.

Adegbenro pleaded not guilty to the counts and the prosecutor, D.S. Akor, prayed the court to remand him in a correctional facility pending the conclusion of the trial.

But the defendant’d lawyer, Chibuzor Ezike, told the court that a bail application had been filed on his client’s behalf.

The bail application was, however, not in the court file.

Justice Nwite, who adjourned the matter until June 24 to take the bail application, fixed July 18 for trial commencement.

The News Agency of Nigeria (NAN) reports that in the charge marked: FHC/ABJ/CR/246/2024, the Federal Republic of Nigeria is tye complainant while Dr Adejare Rewane Nurudeen Adegbenro is the sole defendant.

In count one, Adegbenro and others at large were alleged to have, on or before April 17, at Government Secondary School, Tundun Wada, Wuse Zone 4, conspired to commit alleged terrorism.
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They were alleged to have established an illegal organization known as National Commission for the Coordination And Control Of Proliferation Of Small Arms, Ammunitions And Light Weapons (NATCOM) without authorisation.

The act was said to be prejudicial to national security and being an offence punishable under Section 26 of the Terrorism (Prevention and Prohibition) Act, 2022.

In count three, he and others now at large were alleged to have , on or before Dec. 4, 2023, with intent to deceive, unlawfully assumed the name, character, designation of a National Coordination Of the National Centre For Control Of Smail Arms And Light Weapons, specifically posing as a government agency dealing with the coordination and control of proliferation of small arms, ammunitions and light weapons.

The offence is contrary to Section 30 of the Terrorism (Prevention and Prohibition) Act 2022.

In count four, Adegbenro was alleged to have, on April 28, with intent to defraud did obtain funds from certain persons by falsely presenting himself as an authorised agent of the Nigerian Government.

He was alleged to have conducted staff recruitment in “the illegal National Commission For The Coordination And Control Of Proliferation Of Small Arms, Ammunitions And Light Weapons (NATCOM).”

The offence is said to be contrary to Section 1(a) of the Advance Fee Fraud and Other Related Offences Act, 2006, and punishable under Section 1(3) of the same Act, among other counts.(NAN)(www.nannews.ng)