Tag: Court

Obi’s counsel lambasts INEC over absence of witness in court

Dr Levi Uzoukwu (SAN), the leading counsel to the Labour Party (LP) and Peter Obi has blasted Independent National Electoral Commission (INEC) for showing a lack of preparation in defending its case at the Presidential Election Petition Tribunal (PEPC). Uzoukwu made this comment on Monday, shortly after the court adjourned its resumed sitting, following the absence of INEC’s first defence witness.

Dr Levi Uzoukwu (SAN) The PEPC was forced to adjourn after the first of three witnesses scheduled to appear on behalf of INEC failed to appear allegedly on account of what the commission cited as domestic issues. Speaking to newsmen just outside the court, the LP lawyer said his camp has a strong case and are ready to move on with their case, unlike the INEC that has continued to show inconsistencies. “Given the contradictions and inconsistencies and what INEC has done; I’m sure they are not ready to defend this case. “I stand to be proven wrong, but I would wish that they defend this matter so that the public will see more things of what happened to this election,” he told Channels Television While reiterating that Nigeria has never had an election like the February 25th presidential poll, the legal counsel stressed that it is the INEC’s choice to either call a witness or witnesses, adding that he and his client the LP, are ready at all times. It would be recalled that at the mention of the case around 9:30 am, lawyer to INEC, Abubakar Mahmoud (SAN), told the court that although his client planned to call three witnesses within three days, the one slated for today was unavailable on account of domestic issues. Lawyers to other parties in the case – Livy Uzoukwu (SAN) for Obi/LP, Wole Olanipekun (SAN) for President Bola Tinubu and Vice President Kashim Shettma, and Lateef Fagbemi (SAN) for the All Progressives Congress (APC), did not object to the request by the INEC lawyer.

Court orders Police to pay rtd AIG Mbu N40m for unlawful retirement

The National Industrial Court on Monday ordered the Police Service Commission ( PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages. The payment as ordered by Justice Osatohanmwen Obaseki-Osaghae, was for the unlawful retirement of Mbu before he attained the mandatory age of 60 years.

RTD AIG Mbu Joseph Mbu ” I hold that the claimant’s premature retirement through a press release on July 2, 2016, is unlawful, unconstitutional, null and void and of no effect”. The court in addition set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force ( NPF) until he attained the mandatory retirement age of 60 on May 10, 2018. Furthermore, the court ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016, when he was retired until May 10, 2018, when he ought to have retired having attained 60 years. The judge while delivering the judgment ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 per cent interest per annum. The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant. This, the court explained cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018, when the suit was pending. From facts, the claimant, Mbu instituted the suit against the commission over his alleged compulsory retirement on July 2, 2016, when he was the commandant of the Police Staff College. In his statement of facts, he stated that he was born May 10, 1958, and joined the police on Dec. 11, 1985, and had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he was retired in 2016. The claimant had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement. He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement. He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as the cost of the suit. The defendant on its part through processes stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event. The defendant equally averred that promotion in the force is not automatic and that the claimant did not meet some of the requirements for promotion. According to the defendant, the reorganisation in NPF at the time of the claimant’s retirement followed due process and the claimant was not the only person affected. The court in its judgment stated that although the defendant abandoned its case by failing to show up in court to conduct its defence, the action did not exonerate the claimant from the burden to prove his case. The judge submitted that pleadings are not synonymous with evidence as the defendant was never in court regardless of several hearing notices served. Obaseki-Osaghae in addition stated that the defendant was deemed to have abandoned its case as the claimant’s submissions were not contested. She said that the claimant having proven his case on its strength through credible evidence without relying on the weakness of the defendant, was entitled to some of the reliefs he sought.

AIG Court Mbu N40M orders pay police retirement rtd unlawful

“Tinubu’s victory is spiritual, you can’t win in court” ― Primate Ayodele tells Atiku, Obi

"Tinubu's election victory is spiritual, you can't win in court" ― Primate Ayodele tells Atiku, Peter Obi

Primate Elijah Ayodele, leader of INRI Evangelical Spiritual Church has told the presidential candidates of the Peoples Democratic Party, PDP, Atiku Abubakar, and Peter Obi of the Labour Party, LP, to withdraw their cases against President Bola Tinubu, stating that Tinubu’s victory is spiritual, hence Atiku and Obi cannot win their cases in court. Primate Ayodele said this on Saturday in Lagos while also stating that Tinubu would put all the lawyers and judges in a calabash and throw it away.

Primate Elijah Ayodele According to Ayodele, Tinubu’s mantra of Emi Lokan carry’s spiritual and positive energy. He stressed that Atiku and Obi are just wasting their time trying to unseat Tinubu. Ayodele said: “Tinubu’s victory is more spiritual than physical, when he said ’emi lokan’, people didn’t understand. That ’emi lokan’ mantra has a lot of spiritual and positive energy. “Atiku and Obi are not ready, they think Tinubu will just sit down and fold his hands? He (Tinubu) will put all the lawyers and judges in one calabash and throw them inside water. “Tinubu is spiritually desperate and only God can take him out of the way. Atiku and Obi are just wasting their time, they are not ready to take the number one position. “They are just noise makers who go on the internet to rant, will the internet give them victory? Tinubu’s victory is totally spiritual.” He also maintained that the senate under the leadership of Godswill Akpabio would be a rubber stamp. “The Senate under Akpabio will be a rubber stamp, I don’t see anybody being serious; even the opposition will soon join the ruling party because the radical ones will be silenced,” he added.

ATIKU Ayodele Court Obi Primate spiritual tells Tinubus Victory win

Court remands Skit maker Trinity, parents of girl involved in alleged sexual exploitation

Popular skit maker, Maruf Abdullahi, popularly known as “Trinity” has been remanded in Agodi correctional facility after an order by a Family Court sitting at Iyaganku, Ibadan, on Monday. The court also arraigned Isiaka Ahmed, 40, and his wife, Rofiat, 29, who are parents of the victim on two-count charges of conspiracy and sexual abuse and exploitation alongside the skit maker.

Skit Maker, Trinity Guy The Magistrate, Mrs P.O. Adetuyibi, who did not take the defendants’ plea for want of jurisdiction, said that the case file had been filed and duplicated at the Oyo State Ministry of Justice. Adetuyibi remanded the three defendants in Agodi correctional facility, Ibadan, pending July 11 when the case would come up for mention. The Defence Counsel, Mr Oludare Adebayo, argued that Section 41 empowered the court to hear the matter. Adebayo also said the victim was a product of poverty. The magistrate said that the case file had been duplicated, but added that not until the ministry of justice accepted to withdraw it that she could hear the matter. Earlier, the Prosecution Counsel, Insp Oluwakemi Arowosaye, had told the court that the three defendants conspired together to sexually abuse the girl. Arowosaye said that “Trinity”, on Dec. 17, 2022, sexually abused and exploited the girl at Kuola area of Ibadan. “Abdullahi was asking the victim the colour of his penis, recording the scene and posting it on social media,” she said. According to her, the offences are contrary to Section 35 (1) and punishable under Section 35 (2) of Oyo State Child Right’s Law, 2006. Arowosaye said that the offences also contravened Section 516 of the Criminal Code Laws of Oyo State, 2000. The News Agency of Nigeria reports that if the skit maker is found guilty of the offence, he is liable to 15 years imprisonment under the Child Rights Law, 2006. Recall that Trinity Guy was summoned by the police for his provocative pranks, including child abuse content. In his latest skit, Trinity Guy used a child for suggestive content which was deemed inappropriate and flagged as child abuse by many.

ALleged Court exploitation Girl involved maker PARENTS remands SEXUAL SKIT Trinity

Why Emefiele should not be granted bail ― DSS tells court

The Department of State Services, DSS has told a High Court of the Federal Capital Territory sitting in Abuja that the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele should not be granted bail. The former CBN governor is challenging his detention by the DSS and denying him access to his family members and lawyers.

DSS officers in a collage photo with Emefiele Both the DSS and OAGF told testified before the Federal High Court in Abuja in separate counter-affidavits filed in a fundamental rights enforcement suit by the suspended CBN chief. The OAGF denied that Emefiele was being held for terrorist-related crimes, adding he was not being victimised for his involvement in politics and the botched naira redesign policy. The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant. “The respondents have not violated the applicant’s right to live in any way, his life is not in danger. The respondents did not subject the applicant to any judicial adjudication to warrant the allegation of denial of a fair hearing. “With the remand order issued by a court of competent jurisdiction, the said violation of the applicant’s right to freedom of movement does not arise. The respondents did not subject the applicant to any torture, the details of which have not been provided.” According to the DSS, Emefiele was being held pursuant to an order of a competent court, adding that the suspended CBN boss was arrested “upon reasonable suspicion of committing acts which constitute a criminal breach of trust, incitement to violence, criminal misappropriation of public funds, economic sabotage, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.” The OAGF’s representative, Senior Advocate of Nigeria, Tijani Gazal, told the court that Emefiele’s allegation of unlawful detention was unfounded, and therefore asked that Emefiele’s appeal should be rejected. Gazali said the suspended CBN governor was being detained on the order of an FCT Chief Magistrates Court. He told the court that the 0AGF (listed as the 1st respondent) was challenging the jurisdiction of the court to hear the case. The SAN said Emefiele’s arrest and detention were administrative decisions of an arm of the Executive arm of government. He stressed that a court’s jurisdiction is determined by the relief sought by an applicant. Justice Hamza Muazu adjourned until July 13 for a ruling.

Bail Court DSS Emefiele granted tells

Court sets Oct 23 to hear Diezani ’s suit against EFCC

A Federal High Court, Abuja has fixed Oct. 23 for hearing a suit filed by former Minister of Petroleum Resources, Diezani Alison-Madueke, challenging the order obtained by the EFCC for final forfeiture of her seized assets. Justice Inyang Ekwo fixed the date on Wednesday after Alison-Madueke’s lawyer, Benson Igbanoi, and EFCC’s counsel, M.D. Baraya, regularised their processes in the suit.

Former Minister of Petroleum Resources, Diezani Alison-Madueke The News Agency of Nigeria (NAN) reports that the anti-corruption agency had planned to conduct a public sale of all the assets seized for being proceeds of crime as ordered by courts to be permanently forfeited to the Federal Government The auctioning exercise, conducted on the seized assets believed to include Diezani’s property, started on Jan. 9.
The immediate-past chairman of EFCC, Abdulrasheed Bawa, had recently revealed that $153 million and over 80 property had been recovered from Alison-Madueke. She was alleged to have escaped to the United Kingdom and remained there after her exit from public office as the petroleum minister, an office she held between 2010 and 2015 under the administration of former President Goodluck Jonathan. But the ex-minister, in her suit, sought an order extending the time within which to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct public sale on her property. In the motion marked: FHC/ABJ/CS/21/2023 dated and filed on Jan. 6 by her lawyer, Chief Mike Ozekhome, SAN, the former minister sought five orders from the court. While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.
The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.” She said she was not given fair hearing in all the proceedings leading to the orders.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said. She argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons howsoever and whatsoever in respect of the criminal charges pending against her before the court. She further argued that the courts were misled into making several of the final forfeiture orders against her assets through suppression or non-disclosure of material facts. “The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all. “The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution. “The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given. But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss her application. Mr Zaki, who was a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said investigation had clearly shown that she was involved in some acts of criminality. He said Alison-Madueke was therefore charged before the court in charge no: FHC/ABJ/CR/208/2018.
“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14th November 2018 filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said. The EFCC operative, who said he had seen the ex-ministers motion, said most of the depositions were untrue.
He said contrary to her deposition in the affidavit in support, most of the cases which led to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by this honourable court.” He said the courts differently ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the Federal Government before final orders were made.
Mr Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications. “We humbly rely on the judgment of Hon. Justice I.LN. Oweibo dated 10th September 2019 shown in Exhibit C of the applicant’s affidavit,” he said. The officer said contrary to her, the final forfeiture of the assets which were subject of the present application was ordered by the court in 2017 and that this was not set aside or upturned on appeal.

Court Diezani EFCC Hear Oct sets suit

Court rejects Tinubu’s request to strike out APM’s petition challenging presidential election

The Presidential Election Petition Court, PEPC on Monday rejected an attempt by President Bola Ahmed Tinubu and the All Progressives Congress (APC) to stop the Allied People’s Movement (APM) in its petition challenging his qualification for the February 25, 2023, Presidential election. Tinubu, through his lead counsel, Chief Wole Olanipekun SAN, had sought to use a Supreme Court judgment delivered on May 26, 2023, to terminate the APM’S petition, but the request was turned down. President Bola Tinubu The grouse of Tinubu was that the Apex Court had resolved the sole issue raised in the petition of the APM in the judgment in a suit filed by the Peoples Democratic Party (PDP). He sought to move the Court to invoke the spirit and letters of the Supreme Court judgment to halt the hearing into the APM’s petition. The Presiding Justice of the Court, Justice Haruna Simon Tsammani, however, disagreed with Tinubu and held that the party cannot be shut out in the face of fair hearing. Justice Tsammani asked Tinubu to keep his objections against the hearing of the petition to the final address stage of the court’s proceedings. Similar objections raised by APC through its counsel, Charles Edosomwen SAN, against the petition on the same ground were turned down by PEPC for the same reason. Earlier, the APM, through its lawyer, Mr Gideon Ijiagbonya, had informed the Court of receipt of the Supreme Court judgment being sought to be used to terminate its petition. The lawyer said that upon perusal of the judgment by the Supreme Court, he and his legal team concluded that there is life in the petition and applied for its hearing. He, however, sought adjournment till June 26 to enable him to obtain a vital document from the Independent National Electoral Commission (INEC) to establish his case. Justice Tsammani, in a brief ruling, rejected a week-long adjournment and fixed Wednesday, June 21, for the hearing of the petition.

APMs challenging Court Election petition presidential rejects request strike Tinubus

Zamfara police complies with court order, returns all vehicles seized from Matawalle

The Zamfara Police Command on Saturday said it had returned all vehicles seized from the former governor of the state, Bello Matawalle. The command’s Police Public Relations Officer, ASP Yazid Abubakar confirmed the development on Saturday via telephone conversation with Newsmen.

Former governor of Zamfara State, Bello Matawalle Abubakar said the vehicles were returned in compliance with the order of Federal High Court sitting in Gusau. The court, presided by Justice Aminu Bappah-Aliyu had on June 15, ordered all security agencies that removed the vehicles from Matawalle’s houses in Gusau and Maradun, to return them within 48 hours. Recall that security operatives removed the vehicles from the two houses on the order of the State government. The court gave all parties involved in the invasion of the former governor’s houses 48 hours to comply with the order. “Yes, the police command has complied with the court order as regards to returning of all vehicles belonging to the former governor, Bello Matawalle. “We have returned all the vehicles to the premises of Federal High Court, Gusau, as I speak to you now, no single vehicle is in police custody,” Abubakar said. The court also gave an order of interim injunction restraining the respondents in the suit filed by Matawalle from taking any further action in connection with the matter. The respondents include the Inspector-General of Police, Nigeria Police Force and Commissioner of Police, Zamfara. Others are the Department of State Services (DSS) and Nigeria Security and Civil Defense Corps (NSCDC). The court further ordered the security agencies to stay away from all actions, pending the hearing and determination of the matter before it. Mr Suleiman Idris, spokesperson to Gov. Dauda Lawal of Zamfara, had earlier said more than 40 vehicles were recovered from the two houses of the former governor. He also confirmed that the security agencies took the action on the directive of the state government. NAN

complies Court Matawalle ORDER police returns seized vehicles Zamfara

Man charged to court for paying 4 runs girls with fake alerts

A Nigerian man by the name, Oluwafemi Damilola, has been charged to court in Ondo state for reportedly defrauding four runs girls of 45,000 naira. The victims recounting the incident said that Oluwafemi had patronized their services and had paid them with fake alerts.

Man charged to court for paying 4 runs girls with fake alerts. Photo Credit: Google. Source: Google. According to reports, Oluwafemi was subsequently apprehended by the police and was later charged on two counts bordering on fraud. Akano Moremi, the police prosecutor, stated that the defendant committed the offence in October 2022 in Sabo district of the state. The charge read, ”That you, Oluwafemi Damilola, sometime in October 2022, at Sabo Road, Ondo, in the Ondo Magisterial District, did conduct yourself in a manner likely to cause the breach of peace by fraudulently having carnal knowledge of the victims. That you, Oluwafemi Damilola, on the same date, time and place in the aforementioned magisterial district, did indecently assault the female victims by fraudulently and unlawfully having carnal knowledge of them with the pretence of sending them the sum of N45,000 which you failed to do so but willingly send them a fake alert with the aim of defrauding them sexually and thereby committed an offence contrary to and punishable under Sections 249 and 360 of the Criminal Code Cap 37 Volume 1 Law of Ondo State of Nigeria, 2006.” S. A. Iluyemi, the defendant’s lawyer, however, stated that negotiations for a settlement were already underway between the parties. He requested the defendant’s release from custody and made a guarantee that the defendant would make repayment to the complainants before the next adjournment date. Chief Magistrate Charity Adeyanju who granted the request ordered that the money be paid to the complainants before the next date of adjournment.

alerts Charged Court Fake girls Man paying runs

Court dismisses Peter Obi’s request to question INEC on technology deployed for 2023 polls

The Presidential Election Petition Court (PEPC) on Saturday dismissed the application filed by the Labour Party and Mr Peter Obi seeking an order to question INEC on the technology it deployed for the conduct of the general elections. Obi and LP are petitioners in the petition marked CA/PEPC/03/2023 challenging the election which brought President Bola Tinubu into power Labour Party’s presidential candidate, Mr Peter Ob Respondents are the INEC, President Bola Tinubu and Vice president Kashim Shettima and All Progressives Congress (APC). Ruling on the application, the five-member panel led by Justice Haruna Tsammani held that it lacked the jurisdiction to grant the request as it was brought outside the pre-hearing session and therefore incompetent. “It is an afterthought on the grounds that the pre-hearing period to file such an application elapsed on May 22. “I have not disputed the fact that they did not call the attention of the court during the pre-hearing session.”
“It is for the applicant to take a step towards the hearing of his motion on notice. The court cannot do that for him. “The petitioners’ counsel are very conversant with the provisions of the law and did not ask for an extension of time. ” They rather seek to employ the right to fair hearing as a magic wand to escape the consequence of their failure to comply with the law and blame the court for its inaction” the court held. The court also held that the applicants failed to disclose any extreme circumstance that stopped them from filing within the statutory time. In a unanimous decision, the court stated that motions cannot be heard at the hearing session and as such can be deemed as abandoned. ”Their application is incompetent and the court lacks the jurisdiction to entertain it and accordingly, the application is struck out.” It held. The petitioners, among other reasons for disputing the outcome of the elections are accusing the electoral umpire of non-compliance with the Electoral Act. Their concerns also included failure to transmit the results of the presidential election in real-time on the INEC results viewing portal as assured. In their effort to support the grounds of their petition, the petitioners had asked the court to permit them to question INEC. on the technology deployed to conduct the election including the quality of the ICT experts who oversaw the conduct of the election. In two applications, the petitioners through their lawyer, Patrick Ikweto, SAN, urged the court to order INEC to supply the names and other details of its ICT professionals that deployed electronic devices for the conduct of the election. Specifically, the petitioners maintained that given INEC’s reply to their petition, it should be compelled to answer 12 questions posed to them. President Bola Tinubu The added the date the electoral body conducted functionality tests on the system it deployed for the elections, as well as names and details of those that conducted the test. They further required INEC to answer the following questions: “Who created/deployed the four (4) Applications Patches/Updates to fix the HTTP 500 error that prevented the e-transmission of the results of the Presidential election on 25th February 2023? “What was the exact time of the occurrence of the technical glitch which prevented the e-transmission of the result of the Presidential election on 25th February 2023? “What time were the technological glitches fixed and or repaired? “What percentage of the result of the Presidential election was uploaded on the I-Rev on Feb. 25? “What percentage of the result of the Presidential election was uploaded on the I-Rev at the time of the declaration of the Result of the Presidential election on March 1?”

Court deployed dismisses INEC Obis PETER polls question request TECHNOLOGY