Tag: Court

 

Abuja:  The suit seeking the disqualification of Gov. Douye Diri of Bayelsa and his deputy, Lawrence Ewhrudjakpo, on Thursday, could not proceed at a Federal High Court, Abuja.

The matter, which was on number 16 on the cause list before Justice Emeka Nwite, was however fixed for Feb. 19, 2024, for hearing.

The News Agency of Nigeria (NAN) reports that less than nine days to the Nov. 11 Bayelsa governorship election, a fresh suit seeking Diri and Ewhrudjakpo’s disqualification commenced before Justice Nwite.

Justice Nwite had, on Nov. 3, fixed today (Nov. 30) for hearing after the judge granted the ex-parte motion moved by plaintiff’s counsel, Ifeanyi Nwosu, seeking a leave to serve Diri and Ewhrudjakpo at the Government House in Bayelsa, through courier service.

The suit, marked: FHC/ABJ/CS/1448/23 and filed by a Bayelsan woman, Blessing Clement Azibanagbal through her lawyer, Nsowu, listed Diri, Ewhrudjakpo, PDP and Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.

The suit sought an order of mandatory injunction, directing INEC to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the Nov. 11 poll.

It also sought an order of perpetual injunction restraining INEC, its agents, privies or whosoever called, from further publishing their names as standard bearers for the party in the forthcoming election in Bayelsa.

It further sought a declaration that Ewhrudjakpo was not qualified to run as deputy governor under the PDP.

Azibanagbal, in the originating summons dated Oct. 26 and filed on Oct. 30, sought a declaration that Ewhrudjakpo was also not qualified to be a running mate with Diri.
Besides, she prayed the court to declare that Ewhrudjakpo had multiple of names without any evidence to proof “that he is the same person.”
She, therefore, urged the court to declare that the PDP had no candidate in the poll.
But the PDP, in a notice of preliminary objection dated Nov. 28 and filed Nov. 30 through its lawyer, A.K. Ajibade, SAN, prayed the court to dismiss or strike out the suit for being statue-barred.
It also urged the court to dismiss the suit for not disclosing reasonable cause of action against the defendants.

Giving five grounds, the PDP argued that Azibanagbal’s case was founded on pre-election matter and the time prescribed by the constitution to initiate such suit had elapsed.
It argued that the court lacked jurisdiction to hear and determine a suit that was already statute-barred.

“This honourable court lacks jurisdiction to hear and determine a suit where and when the plaintiff’s suit failed to disclose cause of action and/or reasonable cause of action,” it said.(NAN)(www.nannews.ng) / Flowerbudnews

By Taiye Agbaje
Abuja,:   The British national, Mr James Nolan, who jumped bail in the alleged 9.6 billion dollars Process and Industrial Development (P&ID) Ltd scandal, on Monday, opened his defence in absentia without calling any witness.

Nolan’s counsel, Mr Michael Ajara, told Justice Donatus Okorowo of a Federal High Court (FHC), Abuja that he did not intend to call any witness upon resumed hearing in the matter.

Ajara told the court that after his evaluation of the evidence of the Economic and Financial Crimes Commission (EFCC), the prosecution in the matter, he would be relying on the case of the prosecution.

EFCC’s lawyer, Mr Bala Sanga, did not object and Justice Okorowo adjourned the matter until Feb. 15 for adoption of final written addresses.

The News Agency of Nigeria (NAN) reports that the anti-graft agency is 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 is also prosecuting the sister case marked: FHC/ABJ/CR/273/2022 filed against Resorts Express Concept Nigeria Ltd, another company, 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 abtensia on November 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 Ahmed Mohammed, Justice Obiora Egwuatu, Justice Zainab Abubakar 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, 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.(NAN)(www.nannews.ng)/ Flowerbudnews

 

Abuja:  An 11-year-old Nelson George has filed an N100 million suit against Limi Children’s Hospital Limited for alleged misdiagnosis and mistreatment leading to the damage of one of his testes.

Nelson, who instituted the suit through his father, Bankole George, also prayed Justice Akanbi Yusuf of FCT High Court, Kubwa, to make an order directing the hospital to pay the sum of N5 million to him as cost of filing the suit.

In the suit marked: FCT/HC/CV/7356/2023 dated and filed on Aug. 28 by his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, Nelson further prayed the court for an order directing the medical outfit to issue a letter of apology to him for the alleged misconduct.

The News Agency of Nigeria (NAN) reports that the claimant also joined Medical and Dental Council of Nigeria, Medical and Dental Practitioners’ Investigation Panel and Federal Competition and Consumer Protection Commission as 2nd to 4th defendants in the matter.

The claimant equally urged the court to declare that the 2nd to 4th defendants ought to be more proactive in ensuring that they perform their duties under their mandate as provided in the respective legislations establishing them to protect and promote his interests and wellbeing, including that of members of the Nigerian public.

In his joint statement of claim, Nelson said he was 11-year old presently “in Junior Secondary School 3 and lives under the parentship of Bankole George who is his next friend and legal guardian.”

“Bankole George (“Bankole”) is the biological father of the claimant.

“He is a Grade Level 18, Step 11 Director of Dangote Cement Plc. and a subscriber of the Platinum package of the National Health Insurance Scheme (NHIS AXA MANSARD),” the statement said.

It said that Nelson was one of the beneficiaries of Bankole’s Health Insurance Scheme in Abuja.

According to the statement, on 30th January, 2023, Bankole discovered that the claimant (Nelson) was having serious abdominal pains and his genital and scrotum were swollen.

“Bankole promptly rushed the claimant to the 1st defendant’s hospital which is one of the hospitals listed in Bankole’s package of the NHIS for himself and his family members to which the claimant is one.

“After preliminary checks, the claimant was admitted at the 1st defendant’s hospital for treatment,” it said.

It said that the hospital then conducted laboratory tests on Nelson, including a scan on his genitals.

“In the scan report, the Sonologist concluded that the claimant suffered from Epididymo-orchitis/Torsion.

“The claimant was admitted at the 1st defendant’s hospital for 4 (four) days to undergo treatment for acute Epidydymo-orchitis only without addressing the Torsion in the scan report.

“He was discharged from the 1st defendant’s hospital in the evening of 2nd February, 2023,” it said.

“Painfully, in the evening of 9th February, 2023, at about 11pm, the claimant complained of discomfort in his genitals and the same abdominal pains.

“Bankole took the claimant back to the 1st defendant’s hospital in the morning of Friday, 10th February, 2023.

“The claimant was again admitted and this time treated for malaria, sepsis and peptic ulcer disease with series of tests conducted once more.

“The abdominal pains subsided and the claimant was discharged the second time in the evening of 11th February, 2023,” it said.

It further said that on Feb. 13, Nelson again complained of excruciating abdominal pains and his genitals were swollen, and Bankole was advised to take the claimant to another hospital for proper diagnosis and treatment.

“The claimant was taken to Nisa Premier Hospital Abuja (“the Nisa Premier”),” it said.
After preliminary examination and a scan which showed that Nelson had Testicular Torsion (“TT”), an urologist and his team at Nisa Premier promptly carried out a surgery on his scrotus.

The statement alleged that they later discovered that Limi Children’s Hospital Limited’s delay in discovering and promptly carrying out a surgery on the claimant had led to a complete damage to one of his testes.

It said Limi Hospital, however, denied any wrongdoing and maintained that their action was in line with standard medical protocol.
Besides, Limi Hospital’s counsel, on April 6, also wrote to Nelson’s lawyer, Ekpenyong, and absolved the hospital from any wrongdoing or liability.

It said Nelson’s lawyer, therefore, petitioned the Medical and Dental Council of Nigeria and that when Nelson’s affidavit got to Medical and Dental Practitioners’ Investigation Panel, the panel said it had no jurudiction on the subject matter.

It said Ekpenyong thereafter petitioned the Federal Competition and Consumer Protection Commission but the commission did not act on the complaint.

Nelson, therefore, averred that Limi Hospital owed him a duty as a patient to properly diagnose his medical condition to prevent a deterioration of his condition to the extent of losing one of his testes.

The defendants were yet to respond to the originating processes served on them as at the time of this report.

Justice Yusuf fixed Dec. 20 for hearing of the suit.(NAN)(www.nannews.ng) /Flowerbudnews

 

Abuja: A Federal High Court, Abuja, on Thursday, struck down some “offending provisions” which takes away the right of appeal of a tax debtor.

Specifically, the affected provisions include the Tax Appeal Tribunal (Procedure) Rules ( 2021), the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022).

Justice James Omotosho, in a judgment, held that the provisions were unconstitutional as they constrained the constitutionally provided right of appeal.

The News Agency of Nigeria (NAN) reports that the first provision voided by the court was Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules (2021).

It prescribes that an aggrieved person, challenging the tax charged by the Federal Inland Revenue Service (FIRS) or any relevant tax authority, shall pay 50 per cent of the disputed amount into any account so designated by the Tax Appeals Tribunal before such appeal could be heard.
The second provision affected was Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021).
It prescribes that where a person intends to challenge an assessment served on him or her, he or she shall pay half of the assessed amount into an interest yielding account of the Federal High Court, pending the determination of the application/ proceedings.
The third provision was Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules (2022).
It prescribes that where an appellant is appealing against the decision of the Tax Appeal Tribunal, the sum contained in the decision shall be deposited in an interest yielding account maintained by the Chief Registrar of the Federal High Court.
NAN reports that a former President, Nigerian Bar Association (NBA), Joseph Daudu, SAN, had filed the suit marked: FHC/ABJ/CS/12/2022.
Daudu, who argued, among others, that the provisions were unfair, unlawful and a violation of the right to appeal, sued the Minister of Finance, Budget and National Planning, who made the Tax Appeal Tribunal (Procedure) Rules (2021) as 1st respondent.
The applicant also joined the Chief Judge of the Federal High Court, who made the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022), and the Attorney General of the Federation (AGF) as 2nd and 3rd respondents in the case.
Delivering the judgment, Justice Omotosho said: “Even though the 1st respondent (the minister) is empowered to make rules for the conduct of appeal, he is not expected to construct an embargo to the enjoyment of the right to appeal of any appellant.
“The right to appeal is a constitutional right and the 1st respondent cannot take away such right through the making of a subsidiary legislation.
“The law is trite that where any law or subsidiary legislation contravenes the provision of the Constitution, it shall be declared void to the extent of its inconsistency.
“The said provisions being challenged by the applicant were made to favour the Federal Inland Revenue Service without any attempt to balance the interest of a tax debtor.
“For a tax debtor, who is unable to afford to deposit the entire assessed sum of money, he is automatically deprived his right of appeal.”
According to him, this court, as a court of justice, will ensure that justice is done to all parties regardless of their status.
“This court by virtue of Section 6(6)(b) of the Constitution is empowered to determine issues between government and persons,” he said.
The judge said that the court would not allow an unjust provision to cripple the constitutional rights of the applicant.
“In final analysis, I therefore do not hesitate to strike down the offending provisions which in the opinion of this court substantially takes away the right of appeal of a tax debtor such as the applicant,” Justice Omotosho said.
The judge, therefore, proceeded to declare the provisions of Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 as “unconstitutional, null and void.
He declared that the provisions is also contrary to the provisions of Section 36(1) and (2), Section 6(6) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the doctrine of separation of powers.”
He also declared that the provisions of Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions, 2021 “is unconstitutional, null and void.
He issued an order striking down (deleting) the provisions of Paragraph V Rule 3 of the Federal High Court (Federal inland Revenue Service) Practice Directions 2021, or any other similar provision therein, for being unconstitutional and in excess of the powers of the 2nd respondent (the Chief Judge of the Federal High Court) to issue practice directions.
He also ordered the striking down (deleting) of the provisions of Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules 2022, for being unconstitutional and in excess of the powers of the 2nd respondent to issue practice directions and Rules of court.
The judge thereafter ordered the striking down (deleting) of the provisions of Order IlI Rule 6 (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 for being unconstitutional, null and void and in excess of the powers of the 1st respondent (the Minister of Finance) to make Rules prescribing the procedure and conduct of appeals before the tribunal.(NAN)(www.nannews.ng)/ Flowerbudnews